pursuant to c.r.s., §37-92-302, as amended, you are … · 2010-01-07 · pursuant to c.r.s.,...

PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGESCOMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATERCLERK FOR WATER DIVISION 5 DURING THE MONTH OF NOVEMBER 2001.

1. 01CW280 1. The Applicant is Charles A. Micale, P.O. Box 4027, Englewood CO 80155-4027, telephone (303) 660-0917.His attorney is Aaron R. Clay, Box 38, Delta CO 81416, phone (970) 874-9777. 2. The Applicant is the owner and developer of My-Way Ranch Subdivision, Phase 1. This subdivision is approved for 48 single family residences. It is located within Sections 1 and12, Township 10 South, Range 95 West, 6th P.M. and Sections 6 and 7, Township 10 South, Range 94 West, 6th P.M. 3. Applicant isalso the owner of the decree for the MICALE COMMERCIAL WELL. It is located in the NW1/4 NW1/4 of Section 18, Township 10South, Range 94 West, 6th P.M., at a point South 56°46'34" E, 1413.44 feet from the NW corner of said Section 18, approximately1200 feet from the West Section line and 800 feet from the North Section line. This well serves the subdivision and other residencesin the immediate area. In case 92CW271, Applicant was granted a conditional right in the well for 100 g.p.m. for domestic use in upto 150 houses. Pursuant to paragraph 4 of that Decree, entered March 12, 1996, Applicant’s use of this water was limited to 125single family residential units on his property, and 25 single family residential units on nearby lands. These 150 single familyresidential units are protected from call by the augmentation plan stated in the Decree.4. Applicant has conveyed conservationeasements to Mesa County Land Conservancy upon his lands, which limit the total number of single family residential units on hisproperty to 56, including the 48 lots in the subdivision. There may be more than 25 adjacent property owners who could use domesticwater from the Micale Commercial Well. Therefore, Applicant requests that the Court grant a change of place of use of the MICALECOMMERCIAL WELL to allow Applicant to supply water for use either upon his lands or lands of the adjacent owners, as located inparagraph 4 of the Decree, with the total use not to exceed 150 single family residence equivalents. No other change to the right issought. No injury to any other person will occur from this requested change. (2 pages)

2. 01CW281 GARFIELD COUNTY – FOURTEEN MILE CREEK, PICEANCE CREEK, WHITE RIVER. J. RuthElder; P.O. Box 1111; Rifle, CO 81650 970-948-2213. Jewell Spring #1 and Jewell Spring #2 – Application for WaterRights(Surface). Location: Jewell Spring #1- In the NE1/4 of Sec. 14, T. 3, R. 94, starting at the SE corner go 630’ W and 50’ N.Jewell Spring #2 -In the NE1/4 of Sec. 14, T. 3, R. 94, starting at the NE corner of SE1/4 go 954’ W 180’ S. Appropriation: 1952.Amount: Jewell Spring #1- 2.0 gpm, absolute; Jewell Spring #2- 10.0 gpm, absolute. Use: household, garden, livestock and wildlife.(2 pages)

3. 01CW282 GRAND COUNTY - COLORADO RIVER. Town of Fraser, P.O. Box 120, Fraser, CO. 80442, c/o Stanley W.Cazier, P.O. Box 500, Granby, CO., 80446, 970-887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE.Name of Structure: Fraser Wells Nos. 1, 2, 3(a), 3(b), 4 and 5. Source: Alluvium of the Fraser River. Location: (a) Fraser Well No. 1is located in the SE1/4NE1/4 of Section 19, T1S, R75W of the 6th P.M. at a point 1550 feet South of the North line and 450 West ofthe East line of said Section 19. (b) Fraser Well No. 2 is located in the NE1/4NE1/4 of Section 19, T1S, R85W of the 6th P.M. at apoint 950 feet South of the North line and 325 feet West of the East line of said Section 19. (c) Fraser Well No. 3(a) is located in theSE1/4NE1/4 of Section 19, T1S, R75W of the 6th P.M. at a point 2380 feet South of the North line and 300 feet West of the East lineof said Section 19. (d) Fraser Well No. 3(b) is located in the SE1/4NE1/4 of Section 19, T1S, R75W of the 6th P.M. at a point 2020feet South of the North line and 635 feet West of the East line of said Section 19. (e) Fraser Well No. 4 is located in the NE1/4NE1/4of Section 19, T1S, R75W of the 6th P.M. at a point 475 feet South of the North line and 375 feet West of the East line of said Section19. (f) Fraser Well No. 5 is located in the NE1/4NE1/4 of Section 19, T1S, R75W of the 6th P.M. at a point 50 feet South of the Northline and 475 feet West of the East line of said Section 19. Type of Use: Irrigation, industrial, domestic and all other municipal uses.Type of Structure: Wells. Quantity: Fraser Wells Nos. 1 and 3(b) - 150 gpm each, Fraser Wells Nos. 2, 4 and 5 - 200 gpm each andFraser Well No. 3(a) - 100 gpm. Appropriation Date: 7/22/82. Original Decree: 7/5/85, Case No.: 82CW219. Additional Information:Application contains detailed list of Town’s activities. (12 pages)

4. 01CW283 – WILL NOT BE PUBLISHED.

5. 01CW284 GRAND COUNTY - COLORADO RIVER, WATER DISTRICT NO. 5. (1) David and Cynthia Frazier,8600 W. Dakota Ave., Lakewood, CO 80226, (2) c/o Stanley W. Cazier, Cazier and McGowan, Box 500, Granby, CO 80446, (970)887-3376. (3) Name of Structures: Shane Gulch Wells No. 1-8. (4) APPLICATION FOR PLAN FOR AUGMENTATIONINCLUDING EXCHANGE. (5) Source: Ground water tributary to Green Mountain Reservoir. (6) Location: W1/2SW1/4, Sec. 27,T2S, R79W of the 6th P.M., the exact legal description of the tract is described on Exhibit A to application. (7) Use: Domestic,livestock watering and irrigation. (8) Type of structure: Wells. (9) Quantity: Maximum pumping rate of 15 gpm for each well. (10)Depth of Wells: Unknown. (11) Water right which will be used as a source of exchange water: Depletions will be augmented withGreen Mountain Reservoir water. Applicant has an approved contract with the U.S. Dept. of the Interior, Bureau of Reclamation for3.0 acre-feet of water from Green Mountain Reservoir. (12) Statement of plan for augmentation: (a) Shane Gulch Wells 1-8 will beused for the development of one of 3 Scenarios. Scenario 1: In-house use for 8 residences of 3.14 ac-ft/yr, stock water demands of0.22 ac-ft/yr for 2 horses at each residence, and irrigation demands of 2.86 ac-ft/yr for a total demand of 6.21 ac-ft/yr. Scenario 2: In-house use for 6 residences of 2.58 ac-ft/yr, a church and a caretaker unit with in-house demands of 0.36 ac-ft/yr each, irrigationdemands of 2.86 ac-ft/yr, and stock watering demands of 0.16 ac-ft/yr for 2 horses at each residence, for a total of 5.96 ac-ft/yr.

NOVEMBER 2001 RESUMEWATER DIVISION 5

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Scenario 3: A combination of 1 and 2 resulting in less use or units with the same rates of use and consumption required. The requestedappropriation date for the exchange is October 9, 2001. (7 pages)

6. 01CW285 GARFIELD COUNTY – HARVEY GAP RESERVOIR TO THE COLORADO RIVER. Michael Weinstein;185 Orchard Lane; Glenwood Springs, CO 81601 970-928-8590. Lestrya Gulch Pond – Amended Application for Water StorageRight. Location: NW1/4NE1/4 of Sec. 25, T. 5S., R. 92W. of the 6th P.M., 3200 ft. from the east section line; 3900 ft. from the southsection line of Sec. 25. Appropriation: September 1, 2001. Amount: 6.0 af., conditional. Use: irrigation and wildlife watering. (5pages)

7. 01CW286 PITKIN COUNTY, Aspen Skiing Company, P.O. Box 1248, Aspen, CO 81612 (970-923-1220). Shane J.Harvey, Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611 (970-925-3476) Aspen Mountain Ditch.APPLICATION FOR FINDING OF REASONABLE DILIGENCE; Date of Original Decree: October 16, 1995; Case No.: 91CW235;The point of diversion for Aspen Mountain Ditch is located on the West side of Spar Gulch at a point whence the East Quarter Cornerof Sec. 24, T. 10 S., R. 85 W. of the 6th P.M. bears N. 79°00' W. a distance of approximately 400 feet; Source: The source of thewater is Spar Gulch, tributary to the Roaring Fork River; Appropriation Date: June 1, 1890; Amount: 2.0 c.f.s.; Use: The use of thewater is for irrigation, dust suppression, land reclamation and recreation uses. Outline of what has been done over the past six yearstoward completion of the appropriation and application of water to a beneficial use as conditionally decreed is set forth in theapplication. (5 pages)

8. 01CW287 IN SUMMIT COUNTY, COLORADO, APPLICATION FOR WATER RIGHTS, CHANGE OF WATERRIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, Name and address of applicant: Bruce D. Benson, BensonMineral Group, Inc., 1560 Broadway, Suite 1900, Denver CO 80202, c/o Glenn E. Porzak, Kevin J. Kinnear, Porzak Browning &Bushong LLP, 929 Pearl St., Suite 300, Boulder, CO 80302. II. Description of water rights to be adjudicated and augmented.(A)Benson Ranch Pond, is claimed for 3.0 acre feet, absolute, with an appropriation date of December 1, 1999 for irrigation, firefighting, fish and wildlife, recreation, and aesthetic uses. The construction of the Benson Ranch Pond was completed in 2001. Thesource of the Benson Ranch Pond is Brush Creek, a tributary of the Blue River. Benson Ranch Pond is located on applicant’s propertyin the SW¼, NW¼ Section 1, T. 3 S., R. 79 W. of the 6th P.M., the center of the Pond being located approximately 750 feet east of thewest section line and 1900 feet south of the north section line of said Section 1. The Benson Ranch Pond has a surface area ofapproximately 0.56 acre. (B)Benson Ranch Pond Refill Right and Flow Through Diversions. Applicant claims the right to fill andrefill the Benson Ranch Pond whenever water is available in priority, and flow water through said ponds at a rate of up to 17.04 cfs,with an appropriation date of December 1, 1999. The claimed uses of the refill and flow through rights are the same as those of theBenson Ranch Pond, described above. III.Description of the water rights to be used for augmentation: (A)Saums Ditch, priority no.41, decreed on March 2, 1910 in the amount of 3.25 cfs in Case No. 1277, Summit County District Court, with an appropriation dateof April 20, 1888.(B)Saums Ditch, priority nos. 302 and 303, decreed on March 10, 1952 in the amount of 13.79 cfs in Case No. 1805,Summit County District Court, with an appropriation date of December 31, 1905. Priority no. 302 was decreed to headgate no. 1, andpriority no. 303 was decreed to headgate no. 2. Each priority is entitled to divert 13.79 cfs, but the cumulative amount divertedthrough both headgates at any one time cannot exceed a total of 13.79 cfs. IV.Application for water rights: By this application,applicant seeks to adjudicate independent water rights for the Benson Ranch Pond described in paragraph II(A) and the Benson RanchPond Refill Right and Flow Through Diversion described in paragraph II(B) above. The Benson Ranch Pond is lined; therefore, itdoes not intercept groundwater. V. Change of Water Rights: Applicant seeks to change the uses of the Saums Ditch water rights,described in paragraph III above, to include storage in the Benson Ranch Pond for the beneficial uses associated with the BensonRanch Pond, for augmentation uses, and for temporary storage prior to use for irrigation, in addition to its originally decreed uses.Applicant does not seek a change in the place of use of the Saums Ditch water rights as the Benson Ranch Pond will be located onland for which the Saums Ditch was decreed in Case Nos 1277 and 1805, Summit County District Court. To the extent not necessaryfor use in the Benson Ranch Pond as described herein, the Saums Ditch water rights will continue to be used directly for irrigation onthe lands that have historically been irrigated by the Saums Ditch water rights, less the dry-up acreage described below I. Statement ofplan for augmentation: (A) Plan for augmentation. By the present application, applicant seeks the right to divert and store waterout of priority on a year-round basis in the Benson Ranch Pond for the uses described above. To permit such otherwise out of prioritydiversions, applicant proposes to dry up a portion of the irrigated acreage under the Saums Ditch, thus permanently reducing theacreage irrigated by the Saums Ditch water rights. (B)Depletion Assumptions. Evaporation losses from the Benson Ranch Pond willbe approximately 25.1 inches per year, or 2.1 acre feet per surface acre. As the Benson Ranch Pond will consist of approximately 0.56surface acres when full, the pond evaporation losses will equal a maximum of 1.17 acre feet per year. The Benson Ranch Pond isexpected to remain full at all times, so its surface area is not expected to fluctuate.(C) Dry-up Credits. The applicant will bepermanently removing 1.21 acres from the historically irrigated acreage under the Saums Ditch as follows: Benson Ranch Pond 0.56acre, Main House 0.17 acre, Guest House 0.07 acre, Tennis Court 0.15 acre, Driveways 0.26 acre, Total 1.21 acres. The historicalstream depletions (consumptive use) associated with the irrigation of lands under the Saums Ditch equals 1.43 acre feet per acre. As aresult, the dry-up credits associated with these 1.21 acres totals 1.73 acre feet (1.21 acres times 1.43 acre feet per acre). Therefore,applicant’s dry-up credit available as a result of removing land from irrigation under the Saums Ditch exceeds the amount of


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depletions associated with evaporation from the Benson Ranch Pond. WHEREFORE, applicant requests that this Court enter adecree that: (i)adjudicates a water right for the Benson Ranch Pond and the Benson Ranch Pond Refill Rights and Flow ThroughDiversions; (ii) approves applicant’s change of use of the Saums Ditch water rights as described in paragraph V; (iii)approvesplicant’s plan for augmentation described in paragraph VI, including all assumptions employed in connection therewith;(iv) grantsapplicant the right to use the augmented water rights described herein independent of the priority system; and (iv) finds that as aresult of applicant’s augmentation plan there will be no injury to any owner of or persons entitled to use water under a vested waterright. (5 pages)

9. 01CW288 EAGLE COUNTY, Adam’s Rib Ranch Corporation, P.O. Box 659, Eagle, CO 81631 (970-328-2326). Shane J.Harvey, Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611 (970)-925-3476). Adam’s Rib ReservoirR-1, Adam’s Rib Reservoir R-2, and Adam’s Rib Reservoir R-3; APPLICATION FOR FINDING OF REASONABLE DILIGENCE;Date of Original Decree: November 23, 1981; Case No.: W-3669; Location of Diversion: The right abutment of the dam of Adam’sRib Reservoir R-1 is located in SW 1/4, SE 1/4, Section 22, T6S, R83W, of the 6th P.M., at a point whence the South Quarter Cornerof Section 22, T6S, R83W, of the 6th P.M., bears S. 6°00'00" W. a distance of 950 feet; the right abutment of the dam of Adam's RibReservoir R-2 is located in SE 1/4, SW 1/4, Section 25, T5S, R84W, of the 6th P.M., at a point whence the Northeast Corner ofSection 25, T5S, R84W, of the 6th P.M., bears N. 44°00'00" E. a distance of 6,400 feet; and the right abutment of the dam of Adam'sRib Reservoir R-3 is located in SE 1/4, NW 1/4, Section 1, T6S, R84W, 6th P.M., at a point whence the South Quarter Corner ofSection 1, T6S, R84W, 6th P.M., bears S. 14°00'00" E. a distance of 2,600 feet; Source: The source of the water for Adam’s RibReservoir R-1 is East Brush Creek, tributary to Brush Creek, tributary to the Eagle River; the source of the water for Adam’s RibReservoirs R-2 and R-3 is waste water effluent tributary to East Brush Creek, tributary to Brush Creek, tributary to the Eagle River;Appropriation Date: Adam’s Rib Reservoir R-1, May 1, 1976; Adam’s Rib Reservoirs R-2 and R-3, June 29, 1977; Amount: Adam’sRib Reservoir R-1, 125 AF; Adam’s Rib Reservoirs R-2 and R-3, 400 AF, respectively; Use: Irrigation, recreation, fish and wildlifepropagation, snowmaking, commercial, manufacturing, municipal, industrial, and power generation purposes. Outline of what hasbeen done over the past six years toward completion of the appropriation and application of water to a beneficial use as conditionallydecreed, including expenditures, is set forth in the application.(5 pages)

10. 01CW289 PITKIN COUNTY. UNNAMED TRIBUTARY TO CRYSTAL RIVER, EAST MEAS DITCH, ELLADITCH, THOMAS CREEK. Application to Make Absolute a Conditional Water Right. Applicant: Ben & Mary Dorman, c/o KevinPatrick, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structure: DormanPond. Description of conditional water right: Date of original decree: November 21, 1995. Location: The pond is located in the SE¼of the SW¼ of the SE¼ of Section 15, Township 8 South, Range 88 West of the 6th P.M. where the center point of the dam isapproximately 1585 feet west of the east section line and 140 feet north of the south section line of said section 15. Source: The sourceof water for the Dorman Pond includes natural flows from an unnamed tributary to the Crystal River, seepage, irrigation return flowsfrom the East Mesa Ditch and Ella Ditch, water diverted from Thomas Creek and carried through the Dorman Ditch and waterdiverted from the Crystal River and carried through the Dorman Pump & Pipeline. Appropriation date: November 2, 1993. Amount:0.70 acre feet. Uses: Irrigation, stock water, storage, piscatorial, aesthetic, and fire protection. Detailed outline of work performedtoward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period,including expenditures: During the diligence period, applicants expended sums in excess of $20,000.00 constructing all water rightfeatures involved herein. If claim to make absolute, date, use and amount of water applied to beneficial use: Date: October 1, 1995.Use: Irrigation, stock water, storage, piscatorial, aesthetic, and fire protection. Amount: 0.7 acre feet. Previous Diligence Proceeding:Case No. 94CW162 Water Division No. 5. (4 pages)

11. 01CW290 (94CW363) GARFIELD COUNTY – UNDERGROUND WATER TRIBUTARY TO CATTLE CREEK,TRIBUTARY TO THE ROARING FORK RIVER. Pinyon Peaks Homeowners Association c/o Dan Keating, Property Manager;0095 Sage Swale Road; Carbondale, CO 81623 970-963-3086; C/O James L. Powers; 11 Cains Lane; Carbondale, CO 81623 970-963-0568. CLDC Well No. 6- Application for Finding of Reasonable Diligence. Location: SW1/4NE1/4 of Sec. 14, T. 7S., R. 88W.,of the 6th P.M. at a point whence the NW corner of said Sec. 14 bears North 67°39’04” West 3814.65 feet Appropriation: April 20,1979. Amount: 0.044 cfs., conditional. Use: domestic, irrigational, piscatorial and fish and wildlife propagation. Name and Address ofOwner of Land on Which Structure is located: Debra Knotek; 191 Newtown Road; Acton, MA 01720. CLDC Well No. 8-Applicztionto Make Absolute a Conditional Water Right. Location: NW1/4 of the SE1/4 of Sec. 14, T. 7S., R. 88W., of the 6th P.M., at a pointwhence the NW corner of said Sec. 14 bears North 53°39’37” West 4711.09 feet. Appropriation: April 20, 1979. Amount: 0.044 cfs,conditional. Use: domestic, irrigational, piscatorial and fish and wildlife propagation. Name and Address of Owner of Land on WhichStructure is Located: Hank & Ellen Gray; 1544 County Road 112; Carbondale, CO 81623. An outline of activities completed duringthe diligence period is included in the application. (5 pages)

12. 01CW291(84CW161,88CW187 & 94CW284)BATTLEMENT MESA METROPOLITAN DISTRICT, Bruce Smith,President, P.O. Box 6116, Battlement Mesa, CO 81636, (970) 285-9050 and BATTLEMENT MESA PARTNERS, 5575 DTC


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Parkway, Suite 300, Englewood, CO 80111-3021 (c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850,813 Main Street Louisville, Colorado 80027 303-666-4060). APPLICATION FOR FINDINGS OF REASONABLE DILIGENCEIN GARFIELD COUNTY 2. Names of structures: (A) Dow Pumping Plant and Pipeline (B)Eaton Pipeline No. 2. 3. Description ofconditional water rights: (A) The source of the water for said wells is the Colorado River.(B)The decreed point of diversion for eachstructure is as follows: (1)Dow Pumping Plant and Pipeline is located on the northerly bank of the Colorado River, at a pointwhence the East quarter corner of Section 6, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado, bearsNorth 13� 17' East, 735 feet. Said structure has also been awarded various alternate points of diversion in Case Nos. W-2786, W-2560and 79CW350, Water Division No. 5. (2) Eaton Pipeline No. 2 on the Left bank of the Colorado River at a point whence the WestQuarter Corner of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado, bears North 40� 44' West,3711.5 feet. (C) Previous decrees: (1) Dow Pumping Plant and Pipeline was originally decreed for 178 c.f .s., conditional, in CivilAction No. 4914, Garfield County District Court. The water was decreed for industrial, mining, retorting, refining, power, domesticand all other uses necessary, with an appropriation date of January 24, 1955. The Battlement Mesa Metropolitan District eventuallyacquired 20 c.f.s. of this decree and this diligence proceeding pertains to said 20 c.f.s. interest. In Case Nos. W-2786, W-2560 and79CW350, Water Division No. 5, the Dow Pumping Plant and Pipeline was awarded alternate points of diversion. In Case No.84CW161, Water Division No. 5, 10.69 c.f.s. was made absolute and diligence was found for the remaining 9.31 c.f.s. In Case Nos.88CW187 and 94CW284, Water Division No. 5, diligence was again found as to the 9.31 c.f.s. conditional decree. (2) EatonPipeline No. 2 was originally decreed for 10 c.f.s., conditional, in Civil Action No. 4954, Garfield County District Court. The waterwas decreed for irrigation, manufacturing, industrial and domestic purposes, with an appropriation date of December 18, 1956. In asupplemental proceeding in said Civil Action No. 4954, 4.25 c.f.s. of said 10 c.f.s. was made absolute. Diligence on the 5.75 c.f.s.conditional decree was found in Case Nos. 84CW161, 88CW187, and 94CW284, Water Division No. 5. 4. Provide a detailed outlineof what has been done toward completion or for completion of the appropriations and application of water to a beneficial use asconditionally decreed: (A) The subject water rights are part of an integrated water system to provide water supply to a large municipaldevelopment which will require many years to complete. The planned community served by this water supply system is activelygrowing and is zoned for 8,300 dwelling units. The subject water rights are included in the decreed plan for augmentation in Case No.82CW107. (B)During 1999, the District expended $11,506.00 rehabilitating its well field pumping system. During the same year, theDistrict conducted extensive water quality testing of its well field. The testing included monthly pumping of each well and laboratorytesting of water quality. The laboratory testing confirmed that the well field water was suitable for use in the domestic water system.The cost of the laboratory testing was $1,947.00. (C) During the diligence period the District obtained diligence decrees from theWater Court for Water Division No. 5 in Case No. 96CW099 (decreed March 3, 1997), Case No. 96CW100 (decreed March 28,1997). In addition, the District has a pending application in Case No. 00CW227 requesting a determination of diligence for certain ofthe District’s wells. Each of those cases involves water rights which are part of the integrated water supply system that includes thesubject Dow Pumping Plant and Pipeline and Eaton Pipeline No. 2. (D) During the diligence period the District expended $76,718.00in payments to the United States of America, Department of the Interior, Bureau of Reclamation, pursuant to a long-term contract for1,250 acre feet per year of augmentation water from Ruedi Reservoir to augment the structures included in this diligence application.Said augmentation is pursuant to the decree of this court in Case No. 82CW107. The District accepted an Assignment of this contracton December 19, 1989 and said Assignment is recorded in the Garfield County Records at Book 769, Pages 504-506. (E) The DowPumping Plant is the primary raw water supply source for the municipal water treatment plant serving the Battlement MesaCommunity. No additional pumping equipment was added during the diligence period and therefore no additional absolute decree isrequested in this application beyond the existing 10.69 c.f.s. absolute decree. (F) The Eaton Pipeline no. 2 is operated as a secondaryirrigation water supply serving the 18-hole Battlement Mesa Golf Course. No additional pumping equipment was added during thediligence period, and, therefore, no additional absolute decree is requested in this application beyond the existing 4.25 c.f.s. absolutedecree. WHEREFORE, applicants request that the court find diligence in applicants’ development of its Dow Pumping Plant andPipeline and Eaton Pipeline No. 2 and continue the conditional decrees for said structures for the statutory period. (5 pages)

13. 2001CW292(84CW028, 88CW023 & 94CW139)BATTLEMENT MESA METROPOLITAN DISTRICT, Bruce Smith,President, P.O. Box 6116, Battlement Mesa, CO 81636, (970) 285-9050 (c/o Stephen T. Williamson, Law Office of Stephen T.Williamson, P.O. Box 850, 813 Main Street Louisville, Colorado 80027 303-666-4060). APPLICATION FOR FINDINGS OFREASONABLE DILIGENCE IN GARFIELD COUNTY. 2. Names of structures: (A) Battlement Mesa Well No. 1A (B)Battlement Mesa Well No. 2A (C) Battlement Mesa Well No. 3A (D) Battlement Mesa Well No. 4A (E) Battlement Mesa Well No.5A 3. Description of conditional water rights: (A). The source of the water for said wells is the alluvium of the Colorado River. (B).The decreed point of diversion for each well is in the SE 1/4 NE 1/4 of Section 13, Township 7 South, Range 96 West of the 6th P.M.,Garfield County, Colorado at the following points: (1) Battlement Mesa Well No. 1A is located at a point 2300 feet South of theNorth line and 800 feet West of the East line of said Section 13. (2) Battlement Mesa Well No. 2A is located at a point 2300 feetSouth of the North line and 600 feet West of the East line of said Section 13. (3) Battlement Mesa Well No. 3A is located at a point2300 feet South of the North line and 1000 feet West of the East line of said Section 13. (4) Battlement Mesa Well No. 4A is locatedat a point 2400 feet South of the North line and 1250 feet West of the East line of said Section 13. (5) Battlement Mesa Well No. 5Ais located at a point 2600 feet South of the North line and 1450 feet West of the East line of said Section 13. (C) Previous decrees: InCase No. W-2560, the Water Court for Water Division No. 5, decree entered September 16, 1976, each of said wells was awarded


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0.22 c.f.s. conditional for municipal (including fire protection), domestic, commercial, irrigation, industrial, sewage treatment,recreation and all other beneficial uses, each with an appropriation date of March 1, 1974. In Case No. 82CW107, Water Division No.5, decree entered November 22, 1983, the names of the wells were changed to the present names. Diligence was determined as to eachwater right in Case Nos. 84CW028, 88CW023, and 94CW139, Water Division No. 5. 4. Provide a detailed outline of what has beendone toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed:(A) The subject water rights are part of an integrated water system to provide water supply to a large municipal development that willrequire many years to complete, and the wells will be brought on line as demand necessitates. Applicant completed other wells in thisintegrated system and applied to beneficial use water from said wells. The planned community served by this water supply system isactively growing and is zoned for 8,300 dwelling units. The subject water rights are included in the decreed plan for augmentation inCase No. 82CW107. (B) During 1999, the District expended $11,506.00 rehabilitating its well field pumping system. During thesame year, the District conducted extensive water quality testing of its well field. The testing included monthly pumping of each welland laboratory testing of water quality. The laboratory testing confirmed that the well field water was suitable for use in the domesticwater system. The cost of the laboratory testing was $1,947.00. (C) During the diligence period the District obtained diligence decreesfrom the Water Court for Water Division No. 5 in Case No. 96CW099 (decreed March 3, 1997), Case No. 96CW100 (decreed March28, 1997). In addition, the District has a pending application in Case No. 00CW227 requesting a determination of diligence for certainof the District’s wells. Each of those cases involves water rights which are part of the integrated water supply system that includes theBattlement Mesa Well Nos. 1A, 2A, 3A, 4A and 5A. (D) During the diligence period the District expended $76,718.00 in payments tothe United States of America, Department of the Interior, Bureau of Reclamation, pursuant to a long-term contract for 1,250 acre feetper year of augmentation water from Ruedi Reservoir to augment the structures included in this diligence application. Saidaugmentation is pursuant to the decree of this court in Case No. 82CW107. The District accepted an Assignment of this contract onDecember 19, 1989 and said Assignment is recorded in the Garfield County Records at Book 769, Pages 504-506. WHEREFORE,applicant requests that the court find diligence in the development of Battlement Mesa Wells No. A1, A2, A3, A4 and A5, andcontinue the conditional decrees for said structures for the statutory period. (5 pages)

14. 01CW293 PITKIN COUNTY, David K. Danciger, 1644 Prince Creek Road, Carbondale, CO 81623 (970-963-1344).Shane J. Harvey, Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611 (970)-925-3476). Tybar SpringNo. 1; APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT OR, IN THE ALTERNATIVE, FORFINDING OF REASONABLE DILIGENCE; Date of Original Decree: October 20, 1995; Case No.: 91CW200; Location ofDiversion: A point from which the SE Corner of Section 12, T. 8 S. R. 88 W. of the 6th P.M. bears N 28°00'00" E a distance of 1,921feet; Source: Tybar Gulch, tributary to Prince Creek, tributary to the Crystal River, tributary to the Roaring Fork River;Appropriation Date: April 29, 1986; Amount: 0.067 c.f.s.; Use: Irrigation. Water applied to beneficial use: Date: August 10, 1989;Amount: 0.067 c.f.s.; Use: Irrigation; Description of place of use where water is applied to beneficial use: NW ¼ of Section 13, T. 8S., R. 88 W. of the 6th P.M, Pitkin County, which property is owned by Applicant. Outline of what has been done over the past sixyears toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, includingexpenditures, is set forth in the application. (4 pages)

15. 01CW294 EAGLE COUNTY. BLUE CREEK. Application for Hexennial Finding of Reasonable Diligence. Applicant:James W. Griffith, Jr., c/o Kevin Patrick, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant Street, Suite 200, Aspen, CO 81611,(970) 920-1028. Name of structure: Spring Park Reservoir, Second Enlargement. Description of conditional water right: Date oforiginal Decree: August 20, 1980. Location: The Reservoir is located in Sections 11, 14, 15, 22 and 23 of Township 7 South, Range87 West of the 6th P.M. (Eagle County). Source: Blue Creek, a tributary of the Roaring Fork River. Appropriation date: November 4,1978. Amount: 500 acre feet. Use: Domestic, livestock, commercial, irrigation, municipal, fire protection, recreation, fish and wildlifepropagation, augmentation and exchange. Detailed outline of work performed toward completion of the appropriation and applicationof water to the conditional uses decreed during the relevant diligence period, including expenditures: During the relevant diligenceperiod, the Applicant conducted negotiations for the water rights’ use or operation by the Basalt Water Conservancy District. Inaddition, the Applicant retained the services of the undersigned to monitor water rights proceedings which could adversely impact thesubject water right. If claim to make absolute, date, use and amount of water applied to beneficial use: N/A. Previous DiligenceProceeding: Case No. 94CW195, Water Division No. 5. (3 pages)

16. 01CW295 (94CW366 and 94CW367) Mesa County; Coon Creek, Plateau Creek, Colorado River. Bryan L. McGovernand Nancy A. McGovern, c/o David C. Hallford, Esq. and Nicole D. Garrimone, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030,Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. Name of structure: Trout Pond No. 1. OriginalDecree entered December 21, 1988 in Case No. 88CW288, in the District Court in and for Water Division No. 5. Decree findingdiligence entered October 3, 1995 in Case No. 94CW366, in the District Court in and for Water Division No. 5.The outlet dischargefor Trout Pond No. 1 is at a point which bears North 33�44'35" East 1,782.28 feet from the South Quarter Corner of Section 15,Township 11 South, Range 96 West of the 6th P.M. Source: Coon Creek, tributary to Plateau Creek, tributary to the Colorado River.Appropriation Date: July 8, 1986. Amount: 1.2 acre-feet. Use: Conditional for domestic uses (already decreed absolute for fishculture and livestock watering uses). Name of Structure: Satterfield Spring No. 1. Original Decree entered January 10, 1989 in Case


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No. 88CW299, in the District Court in and for Water Division No. 5. Decree finding diligence entered October 3, 1995 in Case No.94CW367, in the District Court in and for Water Division No. 5. The point of diversion for Satterfield Spring No. 1 is from where theSouth Quarter Corner of Section 15, Township 11 South, Range 96 West of the 6th P.M. bears North 47�43'42" East a distance of1,504.98 feet. Source: Coon Creek, tributary to Plateau Creek, tributary to the Colorado River. Appropriation Date: November 4,1984. Amount: 0.033 c.f.s. Uses: Conditional for domestic and irrigation uses (already decreed absolute for fish culture and livestockwatering uses). The Application provides a detailed outline of what has been done toward completion of the appropriations andapplication of water to beneficial use as conditionally decreed. (5 pages)

17. 01 CW 296 Grand County, Smith Creek, Water District 5. Eric Most and Jennifer Most, P.O. Box 1154, Granby, CO80446,(970) 725 0376, Nathaniel K. and Amy L. Most, P.O. Box 127, Grand Lake, CO 80447, (970) 725 0376, c/o Ben McClelland,Attorney for Applicants, P.O. Box 167, Hot Sulphur Springs, CO 80451, (970) 725 3302. APPLICATION FOR APPROVAL OFPLAN FOR AUGMENTATION. Name of Structure, Most Well #1 and Most Well #2. Drainage basin being Smith Creek a tributaryto the Colorado River. Location of wells are Lot 1 Great Divide Head Lettuce Colony, in the NW1/4NW1/4, Sec. 31, Township 2North, Range 76 West of the 6th P.M. County of Grand. Applicants are requesting to expand the use of 1 domestic in house use welland to drill a second for use of 2 single-family dwelling, irrigation of 1 acre of garden/lawn and the watering of domestic animals.Augmentation water to be supplied by contract with the Middle Park Water Conservancy District and released from Granby Reservoir,located in Sec. 6, 7, 8, 9, 14, 15, 16, 17, 18, 22 and 23 T-2-N, R-75-W, Sec. 1, 2, 3, 10, 11, 12, 13, T-2-N, R-76-W and Sec. 25, 26, 34,35, 36, T-3-N, R-76 all of the 6th Principal Meridian. Consumptive use of 2 2/3 acre-feet. Notice 10 days before filing of thisapplication as been given to the recorded well permit holders within 600 feet of Applicants’ wells. (3 pages)

18. 01CW297 PITKIN COUNTY. SNOWMASS CREEK. Mr. Skyler S. DeBoer, c/o Ramsey Kropf, Esq., Patrick, Miller &Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. Application for Hexennial Finding of ReasonableDiligence and to Make Conditional Water Rights Absolute. FIRST CLAIM. Name of structure: Big Sky Pond No. 3. Description ofconditional water right: Date of original Decree: June 21, 1989, relating back to December 30, 1988, Case No. 88CW434, WaterDivision No. 5. Location: A dam situate in Section 2, Township 9 South, Range 86 West of the 6th P.M., beginning at a point whencethe North Quarter Corner of said Section 2 bears South 12° 27’ 05” West 1701.26 feet, thence North 40° East 20 feet. Source:Snowmass Creek. Appropriation date: February 17, 1988. Amount: 0.294 acre feet, conditional. Use: Irrigation (the only remainingconditional use); piscatorial, fish and wildlife uses are absolute. Detailed outline of work performed toward completion of theappropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures:Big Sky Pond No. 3 is a component of the Applicant’s water supply plan. During the diligence period, Applicant has purchased asubmersible pump and has irrigated the lawns and gardens surrounding his residence with water from the Big Sky Pond No. 3. Inaddition, during the diligence period, Applicant engaged the services of Patrick, Miller and Kropf, P.C., and installed integratedlandscaping which utilizes water for irrigation purposes on Applicant’s property. Applicant incurred costs in excess of $8,000.00 forthe integrated landscaping and irrigation system. If claim to make absolute, date, use and amount of water applied to beneficial use:Date: April 1996 to current. Use: Irrigation. Amount: 0.294 acre feet. Previous Diligence Proceeding: Case No. 95CW097, WaterDivision No. 5. SECOND CLAIM. Name of structure: Big Sky Ditch. Description of conditional water right: Date of originalDecree: June 21, 1989, relating back to December 30, 1988, Case No. 88CW434, Water Division No. 5. Location: A point ofdiversion situate in Section 2, Township 9 South, Range 86 West of the 6th P.M., beginning at a point whence the North QuarterCorner of said Section 2 bears South 2°24’06” West a distance of 1982.56 feet. Source: Snowmass Creek. Appropriation date:February 17, 1988. Amount: 3.0 c.f.s., conditional. Uses: Irrigation and Stock Watering (the only remaining conditional uses); alreadyabsolute for delivering water into storage. Detailed outline of work performed toward completion of the appropriation and applicationof water to the conditional uses decreed during the relevant diligence period, including expenditures: The Big Sky Ditch is acomponent part of the Applicant’s water supply plan. During the diligence period, Applicant purchased a submersible pump (costingapproximately $1,000.00) and has irrigated the lawns and gardens surrounding his residence with water from the Big Sky Ditch for thelast 6 years. In addition, Applicant engaged the services of Patrick, Miller & Kropf, P.C. and installed integrated landscaping whichcan utilize the Big Sky Ditch for irrigation and future livestock use. Applicant has expended over $8,000.00 on the landscaping andirrigation system. If claim to make absolute, date, use and amount of water applied to beneficial use: Date: April 1996. Use: Irrigation.Amount: 3.0 c.f.s. Previous Diligence Proceeding: Case No. 95CW097, Water Division No. 5. (5 pages)

19. 01CW298 PITKIN COUNTY. UNNAMED TRIBUTARY TO ROARING FORK RIVER. Applicant: Thomas Girardi,c/o Kevin Patrick, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. Application forHexennial Finding of Reasonable Diligence. FIRST CLAIM. Name of structure: Girardi Pond. Description of conditional waterright: Date of original Decree: November 21, 1995. Location: The dam axis is located in the SW¼ of the SE¼ of the NW¼ of Section6, Township 9 South, Range 85 West of the 6th P.M. at a point where the center point of the dam is approximately 1700 feet east ofthe west section line and 2100 feet south of the north section line of said section 6, in Pitkin County, Colorado. Source: The GirardiDitch which diverts from an unnamed tributary of the Roaring Fork River and deliveries to the Girardi Pond from the Girardi Pumpand Pipeline which diverts from the Roaring Fork River, a tributary of the Colorado River. Appropriation date: March 1, 1995.Amount: 1.0 acre foot, with the right to fill and refill so long as water is physically and legally available. Use: Irrigation,


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stockwatering, piscatorial, fire protection, recreation, aesthetic purposes, and for an irrigation control structure. Maximum height ofdam: 10 feet. Length of Dam: 95 feet. Total capacity of Reservoir: 1.0 acre foot. Active capacity of Reservoir: 0.96 acre feet. DeadStorage: 0.04 acre feet. Detailed outline of work performed toward completion of the appropriation and application of water to theconditional uses decreed during the relevant diligence period, including expenditures: During the relevant diligence period, theapplicant engaged in site planning and related work required to mature the demands for which the water right was decreed, spendingapproximately $50,000 towards that end. In addition, during the relevant diligence period, Applicant engaged the services of Patrick,Miller & Kropf, P.C. to monitor water right applications which could impact the subject water right. If claim to make absolute, date,use and amount of water applied to beneficial use: N/A. Previous Diligence Proceeding: Case No. 95CW123, Water Division No. 5.SECOND CLAIM. Name of structure: Girardi Ditch. Description of conditional water right: Date of original Decree: November 21,1995. Location: The headgate and point of diversion is in the SW¼ of the SE¼ of the NW¼ of Section 6, Township 9 South, Range85 West of the 6th P.M., at a point approximately 1620 feet east of the west section line and 2200 feet south of the north section lineof said Section 6, in Pitkin County, Colorado. Source: An unnamed tributary of the Roaring Fork and Colorado Rivers. Appropriationdate: March 1, 1995. Amount: 0.5 c.f.s. Use: Irrigation, piscatorial, stockwatering, fire protection, aesthetic and delivery of water intostorage in the Girardi Pond. Detailed outline of work performed toward completion of the appropriation and application of water to theconditional uses decreed during the relevant diligence period, including expenditures: During the relevant diligence period, theapplicant engaged in site planning and related work required to mature the demands for which the water right was decreed, spendingapproximately $50,000 towards that end. In addition, during the relevant diligence period, Applicant engaged the services of Patrick,Miller & Kropf, P.C. to monitor water right applications which could impact the subject water right. If claim to make absolute, date,use and amount of water applied to beneficial use: N/A. Previous Diligence Proceeding: Case No. 95CW123, Water Division No. 5.THIRD CLAIM. Name of structure: Girardi Pump & Pipeline. Description of conditional water right: Date of original Decree:November 21, 1995. Location: The headgate and point of diversion is in the SW¼ of the SE¼ of the NW¼ of Section 6, Township 9South, Range 85 West of the 6th P.M. at a point approximately 1790 feet east of the west section line and 2000 feet south of the northsection line of said section 6, in Pitkin County, Colorado. Source: The Roaring Fork River, a tributary to the Colorado River.Appropriation date: March 1, 1995. Amount: 0.5 c.f.s. Use: Irrigation, piscatorial, stockwatering, fire protection, aesthetic and deliveryof water into storage in the Girardi Pond. Detailed outline of work performed toward completion of the appropriation and applicationof water to the conditional uses decreed during the relevant diligence period, including expenditures: During the relevant diligenceperiod, the Applicant engaged in site planning and related work required to mature the demands for which the water right was decreed,spending approximately $50,000 towards that end. In addition, during the relevant diligence period, Applicant engaged the services ofPatrick, Miller & Kropf, P.C. to monitor water right applications which could impact the subject water right. If claim to makeabsolute, date, use and amount of water applied to beneficial use: N/A. Previous Diligence Proceeding: Case No. 95CW123, WaterDivision No. 5. (6 pages)

20. 01CW299 PITKIN COUNTY. COZY POINT DITCH, BRUSH CREEK. Applicant: Aspen Country Day School, c/oKevin Patrick, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATIONFOR SURFACE WATER RIGHTS. FIRST CLAIM Storage Water Right. Name of Reservoir: ACD Pond No.1. Legal description ofreservoir dam: NW1/4NE1/4 of Section 28, Township 9 South, Range 85 West of the 6th P.M. The center point of the dam is located559 feet from the North Section line and 2,386 feet from the East Section line of said Section 28. A map of the reservoir is attached asExhibit "A", on file with the Court Clerk. Source: The pond will be filled via deliveries from the Cozy Point Ditch, via a lateraltherefrom. The Cozy Point Ditch diverts from Brush Creek, a tributary to the Roaring Fork River. Water will be delivered from bothconsumptive use credits as well as the Cozy Point Ditch, ACD Enlargement. Appropriation. Date of Appropriation: September 11,2001. Date water applied to beneficial use: N/A. How appropriation was initiated: By formulation of intent, field visits,monumentation, conducting due diligence and demand studies, and design of an integrated water supply system. Amount claimed:3.45 acre feet, conditional. Uses or proposed uses: Aesthetic, piscatorial, recreation, domestic, commercial, fire protection and foraugmentation and exchange purposes. Maximum height of dam: Under ten feet. Length of dam: N/A, excavated. Total capacity ofreservoir: 3.45 acre-feet (surface area of 0.69 acres). Active capacity of reservoir: 3.45 acre-feet. Dead storage: 0 acre-feet. Name andcapacity of ditch(es) leading to reservoir: a lateral of the Cozy Point Ditch, the lateral having a capacity of 2.0 cfs (Cozy Point Ditchcumulative capacity 5.0 cfs). Water will be delivered from both consumptive use credits as well as the Cozy Point Ditch, ACDEnlargement. The name and address of the owner of the land upon which the point of diversion is located is: Aspen Country DaySchool, P.O. Box 2466, Aspen, CO 81612; the name and address of the owner of the land upon which the place of use of the water isor will be: Aspen Country Day School, P.O. Box 2466, Aspen, CO 81612. SECOND CLAIM Storage Water Right. Name ofReservoir: ACD Pond No. 2. Legal description of reservoir dam: Legal description of reservoir dam: SW1/4SE1/4 of Section 21,Township 9 South, Range 85 West of the 6th P.M. The center point of the dam is located 53 feet from the South Section line and2,065 feet from the East Section line of said Section 21. A map of the reservoir is attached as Exhibit "A", on file with the CourtClerk. Source: The pond will be filled via deliveries from the Cozy Point Ditch, via a lateral therefrom. The Cozy Point Ditch divertsfrom Brush Creek, a tributary to the Roaring Fork River. Water will be delivered from both consumptive use credits as well as theCozy Point Ditch, ACD Enlargement. Appropriation: Date of Appropriation: September 11, 2001. Date water applied to beneficialuse: N/A. How appropriation was initiated: By formulation of intent, field visits, monumentation, conducting due diligence anddemand studies, and design of an integrated water supply system. Amount claimed: 2.05 acre feet, conditional. Uses or proposed uses:


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Aesthetic, piscatorial, recreation, domestic, commercial, fire protection and for augmentation and exchange purposes. Maximumheight of dam: Under ten feet. Length of dam: N/A, excavated. Total capacity of reservoir: 2.05 acre-feet (0.41 surface acre). Activecapacity of reservoir: 2.05 acre-feet. Dead storage: 0 acre-feet. Name and capacity of ditch(es) leading to reservoir: a lateral of theCozy Point Ditch, the lateral having a capacity of 2.0 cfs (Cozy Point Ditch cumulative capacity 5.0 cfs). Water will be delivered fromboth consumptive use credits as well as the Cozy Point Ditch, ACD Enlargement. The name and address of the owner of the land uponwhich the point of diversion is located is: Aspen Country Day School, P.O. Box 2466, Aspen, CO 81612; the name and address of theowner of the land upon which the place of use of the water is or will be: Aspen Country Day School, P.O. Box 2466, Aspen, CO81612. THIRD CLAIM Storage Water Right. Name of Reservoir: ACD Pond No. 3. Legal description of reservoir dam: Legaldescription of reservoir dam: NE1/4NW1/4 of Section 28, Township 9 South, Range 85 West of the 6th P.M. The center point of thedam is located 940 feet from the North Section line and 2,426 feet from the West Section line of said Section 28. A map of thereservoir is attached as Exhibit "A", on file with the Court Clerk. Source: The pond will be filled via deliveries from the Cozy PointDitch, via a lateral therefrom. The Cozy Point Ditch diverts from Brush Creek, a tributary to the Roaring Fork River. Water will bedelivered from both consumptive use credits as well as the Cozy Point Ditch, ACD Enlargement. Appropriation: Date ofAppropriation: September 11, 2001. Date water applied to beneficial use: N/A. How appropriation was initiated: By formulation ofintent, field visits, monumentation, conducting due diligence and demand studies, and design of an integrated water supply system.Amount claimed: 5.9 acre feet, conditional. Uses or proposed uses: Aesthetic, piscatorial, recreation, domestic, commercial, fireprotection and for augmentation and exchange purposes. Maximum height of dam: Under ten feet. Length of dam: 100 feet, balance tobe excavated. Total capacity of reservoir: 5.9 acre-feet (0.59 surface area). Active capacity of reservoir: 5.9 acre-feet. Dead storage: 0acre-feet. Name and capacity of ditch(es) leading to reservoir: a lateral of the Cozy Point Ditch, the lateral having a capacity of 2.0 cfs(Cozy Point Ditch cumulative capacity 5.0 cfs). Water will be delivered from both consumptive use credits as well as the Cozy PointDitch, ACD Enlargement. The name and address of the owner of the land upon which the point of diversion is located is: AspenCountry Day School, P.O. Box 2466, Aspen, CO 81612; the name and address of the owner of the land upon which the place of use ofthe water is or will be: Aspen Country Day School, P.O. Box 2466, Aspen, CO 81612. The ponds may be interconnected or combinedas to location so as to create cumulative storage, which shall not exceed the cumulative amounts applied for herein. The ponds may befilled in priority by the water rights filed even date herewith or by consumptive use credits described in the Plan for Augmentationfiled even date herewith. FOURTH CLAIM Direct Flow Water Right. Name of structure: Cozy Point Ditch, ACD Enlargement. Legaldescription of point of diversion: The headgate of said structure is located on the East bank of Brush Creek, at a point about two milesfrom the mouth in Section 28, Township 9 South, Range 85 West of the 6th P.M. (Pitkin County). Source: Brush Creek, tributary to theRoaring Fork River. Appropriation: Date of Appropriation: September 11, 2001. Date water applied to beneficial use: N/A. Howappropriation was initiated: Field inspection, monumentation, survey, preparation of due diligence and demand studies andformulation of intent to apply water to beneficial uses claimed. Amount claimed: 2.0 cfs, conditional. Uses or proposed uses:Placement of water into storage for the uses described in paragraphs 7, 20 and 33, above. Legal description and acreage of land to beirrigated: N/A. The name and address of the owner of the land upon which the point of diversion is located is: Aspen Country DaySchool, P.O. Box 2466, Aspen, CO 81612; the name and address of the owner of the land upon which the place of use of the water isor will be: Aspen Country Day School, P.O. Box 2466, Aspen, CO 81612. Each of the appropriations described in this application,together with all other appropriations sought to be confirmed by filings made even date herewith by the Applicant, together withApplicant’s Application for Approval of Plan For Augmentation filed even date herewith, are component parts of an integrated watersupply plan. (8 pages)

21. 01CW300 PITKIN COUNTY. BRUSH CREEK, ROARING FORK RIVER. Applicant: Aspen Country Day School,c/o Kevin Patrick, Esq., Patrick, Miller & Kropf, P.C. 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATIONFOR UNDERGROUND WATER RIGHTS. Name of structure: ACD Well Field No. 1. The Applicant proposes to develop up to 3wells cumulatively to be located within the ACD Well Field No. 1, applied for herein, as shown on the map attached as Exhibit “A”hereto. The well field will facilitate the development of a groundwater supply to meet the demands of the Aspen Country Day Schoolcampus and housing project in Pitkin County, Colorado. The cumulative maximum diversion from all wells applied for in thisapplication shall not to exceed 20 acre-feet, at a cumulative maximum diversion rate of 0.22 c.f.s. So long as Applicant complieswith the terms and conditions of this decree, the Applicant asserts that the well field concept will not require the necessity to amendthe decree each time a new well location is determined. Legal description of well field: A Well Field described as being a tract of landlocated as follows: At a point commencing at the Northwest corner of Section 28, Township 9 South, Range 85 West of the 6th P.M,Pitkin, Colorado, thence South 57 degrees 26'32" East a distance of 2,370.66 feet to the true point of beginning; thence North81degrees 34'48" East a distance of 250 feet; thence South 8 degrees 25'12" East a distance of 75 feet; thence South 81degrees 34'48"West a distance of 250 feet; thence North 8 degrees 25'12" West a distance of 75 feet to the true point of beginning, said parcelcontaining 0.43 acres more or less (Pitkin County, Colorado), as shown on the map labeled Exhibit “A”, on file with the Court Clerk.Source: Ground water tributary to Brush Creek, the Roaring Fork River, or both. Appropriation: Date of Appropriation: September 11,2001. Date water applied to beneficial use: N/A. How appropriation was initiated: Field visit, commencement of due diligence anddemand studies, monumentation, survey, and formulation of intent to apply water to the beneficial uses claimed. Amount claimed: Thecumulative amount of water to be withdrawn from all wells within the well field will be 0.22cfs (100 gpm, 20 acre-feet per year),conditional. Uses or proposed uses: Domestic, irrigation, commercial, recreation and fire protection purposes. Legal description and


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acreage of land where water will be used: Up to 0.5 acres will be irrigated within the property located within the Aspen Country DaySchool Cozy Point Campus Project will be benefited, all as described in the attached Exhibit “B, on file with the Court Clerk. WellPermit No.: Pursuant to C.R.S., §37-92-302(2), and §37-90-137, Applicant has provided notice to all owners of record of all wellswithin six hundred (600) feet of the proposed well field ten (10) days prior to the filing of this Application. The name and address ofthe owner of the land upon which the point of diversion is located is: Aspen Country Day School, P.O. Box 2466, Aspen, CO 81612;the name and address of the owner of the land upon which the place of use of the water is or will be: Aspen Country Day School. P.O.Box 2466, Aspen, CO 81612. Remarks: The above described wells are within the boundaries of the ACD Well Field No. 1, the out-of-priority depletions from which will be augmented for a decreed plan for augmentation filed concurrently herewith. All appropriationsfor water filed even date herewith by the Applicant, together with the Application for Approval of Plan for Augmentation arecomponent parts of an integrated water supply project. (7 pages)

22. 01CW301 PITKIN COUNTY. BRUSH CREEK, ROARING FORK RIVER. Applicant: Aspen County DaySchool, c/o Kevin Patrick, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant, Suite 200, Aspen, CO 81611, (970) 920-1028.APPLICATION FOR CHANGE OF WATER RIGHTS, APPROPRIATIVE RIGHT OF EXCHANGE, AND APPROVAL OF PLANFOR AUGMENTATION. FIRST CLAIM. Application For Approval Of Plan For Augmentation. Name of structures to beaugmented: The ACD Well Field No. 1, applied for even date herewith in Case No. 01CW300; The ACD Pond No. 1 and ACD PondNo. 2, applied for even date herewith in Case No. 01CW299. Description of water rights to be used for augmentation: Consumptiveuse credits which are derived from the cessation of irrigation of approximately 2.74 acres of land within the areas historically irrigatedby the following water rights: Jote-Smith Pr.No.29: 0.72 owned by Applicant of the 2.0 cfs decreed in C.A. No. 132, Garfield CountyDistrict Court, on May 11, 1889; Jote-Smith Pr.No.96: 0.2544 owned by Applicant of the 0.70 cfs decreed in C.A. No. 132, GarfieldCounty District Court, on May 11, 1889; Cozy Point Pr. No.47: 0.1872 owned by Applicant of the 1.5 cfs decreed in C.A. No. 132,Garfield County District Court, on May 11, 1889; Cozy Point Pr. No.443: 0.2352 owned by Applicant of the 1.5 cfs decreed in C.A.No. 3723, Garfield County District Court, on August 25, 1949; Upper Weise Pr. No. 251: 0.202 owned by Applicant of the 0.46 cfsdecreed in C.A. No. 2689, Garfield County District Court, on October 29, 1928; and Upper Weise Pr. No. 462: 0.624 owned byApplicant of the 1.3 cfs decreed in C.A. No. 3723, Garfield County District Court, on August 29, 1949. Applicant has applied for anAllotment Contract from the Basalt Water Conservation District in the amount of 2.2 acre feet. Applicants have applied for anAllotment Contract from the Basalt Water Conservancy District. The Basalt Water Conservancy District Allotment Contract willprovide for direct flow rights and/or storage of 2.2 acre-feet of water in one or more of the following: Ruedi Reservoir for the benefitof the Basalt Water Conservancy District. Ruedi Reservoir, a component of the Fryingpan-Arkansas Project was originally decreed inC.A. No. 4613, Garfield County District Court, on June 20, 1958, with a date of appropriation of July 29, 1957; subsequently in CaseNo. W-789-76 the decreed storage capacity for this Reservoir was reduced to 102,369 af. Ruedi Reservoir is a component of theFryingpan-Arkansas Project, originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389) as amended by theAct of October 27, 1974 (88 Stat. 1486) and the Act of November 3, 1978 (92 Stat. 2492), in substantial accordance with House Doc.No. 187 83rd Cong., 1st Sess., as modified by House Doc. 353, 86th Cong., 2nd Sess., and is subject to the Operating Principles for theFryingpan-Arkansas project as set forth in House Doc 130, 87th Cong., 1st Sess. The federal reservoir is operated by the U.S. Bureauof Reclamation which has contracted for an allotment of water to the Basalt Water Conservancy District; Green Mountain Reservoirfor the benefit of the Basalt Water Conservancy District. Blue River, tributary of the Colorado River is the source for Green MountainReservoir, originally decreed in Case Nos.: 2782, 5016, and 5017, United States District Court, District of Colorado on October 12,1955, with a date of appropriation of August 1, 1935. The decreed storage capacity for this Reservoir is 154,645 af. This federalreservoir is operated in accordance with paragraph 5(a), (b), and (c) of the section entitled A Manner of Operation of Project Facilitiesand Auxiliary Facilities@ in Senate Document 80. The Basalt Water Conservancy Contract may include direct flow rights to be usedfor augmentation, including one or more of the following structures: (i) Troy Ditch and Edith Ditch rights as follows:

AMOUNT SOLD, TRANSFERREDOR RESERVED

AMOUNTREMAINING(10)

STRUCTURE

PRIORITY

COURTCASENO.

ADJDATE

APPDATE

DECREEDAMOUNT(CFS)

USE

(4)

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

TroyDitch (1)

370 3082

08/25/1936

05/01/1906

5.10 I 0.000

0.000

0.095

0.064

0.035 4.906 N/A

TroyDitch1stEnlg

427 3082

08/25/1936

05/01/1928

10.80 I 0.000

0.000

0.200

0.134

0.073 10.393

N/A


PAGE 10

TroyDitch2ndEnlg

669 4613

06/20/1958

06/01/1942

6.20 I 0.000

0.000

0.115

0.077

0.042 5.966 N/A

EdithDitch

353 3082

08/25/1936

05/01/1904

2.72 I 0.110

0.132

0.050

0.000

0.018 2.410 N/A

EdithDitch1stEnlg

673 4613

06/20/1958

07/01/1946

3.23 I 0.000

0.000

0.060

0.000

0.022 3.148 N/A

TroyDitchWaterSystemakaLowerHeadgate

(2) W-2281

15.50(3) I,D,MC,P

0.110

0.132

0.520

0.275

0.190 14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River.(2) Alternate point for all priorities of Troy and Edith Ditches.(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South

Shores augmentation plan.(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to theseditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feetof the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan ordecree 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. (ii) Robinson Ditch as follows:

STRUCTURE DECREEDAMOUNT/

cfs

AMOUNTOWNED BYBWCD(cfs)(1)

ADJ. DATE APP. DATE PRIORITY CASENO. (2)

ROBINSONDITCH

5.00 1.21 05/11/1889 06/15/1882 38 132

ROBINSONDITCH

2.50 0.60 05/11/1889 04/15/1886 140 132

ROBINSONDITCH

2.00 0.48 05/11/1889 11/15/1886 167 132

ROBINSONDITCH

10.70 2.59 12/29/1903 04/25/1899 212C 1061

ROBINSONDITCH

20.06 4.85 08/25/1936 04/25/1900 326 3082


PAGE 11

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% ofthe total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.

(2) District Court in and for Garfield CountyThe point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of SoprisCreek in Section 11, T. 8 S., R. 87 West, 6th P.M. Irrigation of approximately 137.2 acres of hay and pasture under BWCD=s interestin the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use credits areassociated with said irrigation. In that case, the Court also decreed a change of use of BWCD=s Robinson Ditch rights to includeaugmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan ordecree of Court. (iii) Favre Domestic Pipeline - Spring No. 1: Located at a point whence the E3 corner, Section 34, Township 7South, Range 87 West, 6th P.M. bears South 34�26' East, 890.9 feet. (iv) Favre Domestic Pipeline - Spring No. 2: Located at apoint whence the E3 corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 37�24' East 721.4 feet.

STRUCTURE AMOUNT1 ADJ. DATE APP. DATE PRIORITYCASENO.2

FAVRE DOM.PL. SP. NO. 1

0.50 06/20/1958 08/11/1937 649 4613

FAVRE DOM.PL.SP. NO. 2

0.50 06/20/1958 04/15/1912 666 4613

(1) Amount: Each spring is decreed for 0.50 cfs, but the use of both has a combined limit of 0.50 cfs.(2) District Court in and for Garfield CountyThe Favre Domestic Pipeline - Spring Nos. 1 & 2 are tributary to Blue Creek, a tributary of the Roaring Fork River, and are decreedfor domestic and augmentation uses. BWCD owns the Favre Domestic Pipeline right. The Springs historically provided a majority ofthe domestic water supply for El Jebel, a community of 364 EQRs, consisting of 291 single family residential units (mostly mobilehomes), irrigation of 12.5 acres of lawn and landscape, and commercial development. In Case No. 93CW319, the Court decreed that142.82 acre feet of historic consumptive-use credits were available to Blue Creek as a result of such historic use; and that 67.2 acrefeet of historic consumptive-use credits were available to the Roaring Fork River as a result of such historic use. In 93CW319, theCourt also decreed a change of use of said credits to include augmentation. BWCD makes the credits available to contract allotteesfor use pursuant to an approved substitute supply plan or decree of Court. Water stored in priority under the water rights decreed to theACD Pond Nos. 1-3, applied for even date herewith, or excess consumptive use credits derived from cessation of irrigation of thewater rights described in paragraph 2A, above, which are stored in the ACD Pond Nos. 1-3. Description of plan for augmentation:Applicant is the owner of an approximate 135 acre tract of land in Pitkin County upon which it intends to construct a Projectconsisting of pre-school, elementary school, intermediate school, high school and administrative facilities in an integrated campus; inaddition, onsite housing for faculty will be constructed (collectively described as the “ACDS Campus”). The ACDS Campus willprovide educational, recreational and cultural facilities for a projected ultimate student population of 384 students. In addition, supportpersonnel and faculty are expected to consist of 76 persons. Additionally, a detached single family residence for the head master, andseven (7) two-bedroom townhouse units and twenty-one (21) one-bedroom townhouse units will be constructed for faculty. It ispresently intended that the ACDS Campus will consist of the above uses within facilities which will consist, but not be limited to:administration buildings, pre-school and kindergarten, lower school, middle school, upper school, art facilities/studios, library/mediacenter, dining hall(s), gymnasiums(s), maintenance/service facilities, nursery facilities and recreational facilities. A table of water usesand the water delivery and consumption by water use is shown in Exhibit “A”; on file with the Court Clerk, and this table shall beused to establish water demands for any mix of water uses, to which the Project may hereafter be configured. The delineation of thetypes of facilities and numbers of students, faculty and support populations may vary, increase or the mixes may be modified, withresulting increases or reductions in water deliveries, depletions and required augmentation releases may occur without the requirementto amend this plan for augmentation provided the out-of-priority depletions generated thereby are fully replaced in accordance with anaccounting plan developed between the Applicant and Division Engineer. All in-house potable water use shall be provided bydeliveries from the ACD Well Field No. 1. In-house deliveries will be treated by an on-site wastewater treatment facility, whichdischarges to Brush Creek. This form of wastewater treatment will return 92.5% of all deliveries for potable consumption (7.5%consumptive). In addition to potable in-house water deliveries, a total of 0.5 acres will be irrigated by deliveries from the ACD WellField No. 1. Irrigation efficiencies will be 80% of applied water (20% return flows). Due to the proximity of the irrigated acreage, allreturn flows will be deemed to accrue to Brush Creek instantaneously. Due to the location of the ACD Well Field No. 1, all diversionswill have an instantaneous impact on Brush Creek and the Roaring Fork River; accordingly there will be no lagged (or delayed)pumping impacts from the wells in the well field. In addition to potable water uses for in-house uses, the Applicant intends to irrigateup to 0.50 acres within the Project boundary from deliveries made from the ACD Well Field No. 1. All irrigation from this sourceshall be by sprinkler or drip irrigation method with an assumed irrigation efficiency of 80% (20% return flow). The modified Blaney


PAGE 12

Criddle method of computing irrigation consumptive use is employed herein, which results in a delivery demand of 0.99 acre foot(1.98 acre feet/acre). The Applicant will also augment up to 1.10 acres of surface area for ponds to be located within the Project underthe water rights described in paragraph 3C, above. One or more of the ponds may be allowed to be depleted by evaporation withoutaugmentation in the event surface areas for the three ponds exceed 1.10 acres, cumulatively. A table of anticipated delivery demandsis set forth below:TOTAL DIVERSIONS

Month Domestic(Ac-ft/Month)

Irrigation(Ac-ft/Month)

TOTAL(Ac-Ft/Month)

January 1.48 0.00 1.48February 1.34 0.00 1.34March 1.48 0.00 1.48April 1.43 0.00 1.43May 1.48 0.18 1.66June 1.43 0.18 1.61July 1.48 0.18 1.66August 1.48 0.18 1.66September 1.43 0.18 1.61October 1.48 0.09 1.57November 1.43 0.00 1.43December 1.48 0.00 1.48TOTAL ANNUAL 17.42 0.99 18.41

A table of anticipated consumptive use demands is set forth below:TOTAL DEPLETIONSMonth Domestic

(Ac-Ft)Irrigation(Ac-Ft)

EvaporativeLosses(Ac-Ft

TOTAL

(Ac-Ft)

GPDRelease

GPMRelease

January 0.11 0.00 0.00 0.11 1,166 0.81February 0.10 0.00 0.00 0.10 1,166 0.81March 0.11 0.00 0.00 0.11 1,166 0.81April 0.11 0.00 0.43 0.54 5,839 4.05May 0.11 0.14 0.63 0.78 8,211 5.70June 0.11 0.14 0.69 0.94 10,199 7.08July 0.11 0.15 0.71 0.96 10,131 7.04August 0.11 0.15 0.50 0.76 7,947 5.52September 0.11 0.14 0.44 0.69 7,495 5.21October 0.11 0.07 0.34 0.62 5,477 3.80November 0.11 0.00 0.15 0.25 2,744 1.91December 0.11 0.00 0.00 0.11 1,166 0.81TOTAL 1.31 0.78 3.79 5.87

Applicant will divert water from the ACD Well Field No. 1 in priority to satisfy the demands described in Table 1, above. When theACD Well Field No. 1 is not in priority, diversions will be made, the consumptive uses therefrom being replaced as follows: When thewater rights described in paragraph 2A, above, are in priority, Applicant will bypass water at the headgate for the Jote Smith Ditchequal to the amount of consumptive use for the Project up to the maximum consumptive use credit for the water rights described inTable III, above. Land will be dried up correspondingly on the basis of 1.58 acre feet of consumptive use water per acre of dry-up. Adetailed explanation of the consumptive use credit derived by cessation of irrigation of areas historically irrigated is described inExhibit “B”, on file with the Court Clerk. Because there are no intervening water rights with points of diversion between the headgateof the Jote Smith Ditch and the return flow point of the water diverted, such return flow amount may be passed through the ACDPonds, provided water is not held in such ponds for more than 24 hours (flow through use). When the water rights described inparagraph 2A, above, are not in priority, water from one or more of the water rights and structures described in paragraph 2B, aboveshall be released to replace consumptive uses for the ACDS Campus. When the water rights described in paragraph 2A, above, are notin priority, and the location of the calling water right makes releases from the water rights and structures described in paragraph 2),above ineffectual to satisfy such a call, releases will be made from the onsite storage described in paragraph 2C, above, which arestored in priority or which store consumptive use credits under the water rights described in paragraph 2A, above, to replaceconsumptive uses for the ACDS Campus. Applicant will develop an accounting plan to measure and account for all diversions,consumptive uses and required augmentation releases, as well as water delivered in priority for storage as well as water deliveredtemporarily for storage under a flow through basis. SECOND CLAIM. Change Of Water Rights. Applicant requests that the water


PAGE 13

rights described in paragraph 2A above, be changed from irrigation to irrigation, augmentation and exchange purposes. A descriptionof the available diversion records for the water rights described in paragraph for the water rights described in paragraph 3A, above, areattached as Exhibit “C”, on file with the Court Clerk. THIRD CLAIM. Appropriative Right Of Exchange. Applicant seeksconfirmation of an appropriative right of exchange for the water rights described in paragraph 2B, above with a date of initiation ofappropriation of September 11, 2001. The stream reach for the exchange will be between the headgate for the water rights described inparagraphs 1 and 2A, above, the outfall of the wastewater treatment facility described in footnote number 5, above (“upstreamexchange terminus”) and the points of diversion and storage of the water rights described in paragraph 2B, above (the “exchangereach”). The maximum cumulative exchange amount within the exchange reach is 0.22 cfs. WHEREFORE, the Applicant respectfullyrequests the Court award a decree: That awards and confirms the appropriative right of exchange described in the Third Claim of thisApplication; That approves the change of water rights described in the Second Claim of this Application; That approves the Plan forAugmentation described in the First Claim of this Application; and Finds and determines that the Change of Water Rights and Plan forAugmentation will not cause injury to the appropriative system or owners of vested or decreed conditional water rights. (23 pages)

23. 01CW302 MOFFAT AND RIO BLANCO COUNTIES. Yellow-Jacket Water Conservancy District c/o Frank G. Cooley,Attorney at Law, P. O. Box 98, Meeker, CO 81641, Telephone: 970-878-5065.APPLICATION FOR FINDING OFREASONABLE DILIGENCE. Name of Structures: YELLOW JACKET CANAL and JOSEPHINE BASIN LATERALNO. 476., RIPPLE CREEK RESERVOIR NO. 476B, LOST PARK RESERVOIR NO. 476C, LOST PARK FEEDERCANALS NOS. 1 AND 2, NO. 476A. Legal description of each point of diversion: Yellow Jacket Canal and Josephine BasinLateral No. 476, is located at a point on the right bank of the North Fork of the White River, whence the Northeast Corner of Section30, T1N, R90W of the 6th P.M., bears N 62°30' E at a distance of 3,540 feet. Runs westerly 38 miles into the Josephine Basin Lateralat a point near the East Quarter Corner of Section 26, T1N, R92W of the 6th P.M. Ripple Creek Reservoir No. 476B, dam is locatedin an unsurveyed portion of Section 18, T1N, R88W and a portion of Section 3, T1N, R89W of the 6th P.M., the initial point of surveybeing located at a point on the right abutment of the dam, whence tract corner No. 1 of H.E. 141 in the Southwest Quarter Section of18, which is unsurveyed, in T1N, R88W of the 6th P.M., bears N 51°35' W at a distance of 180 feet. Lost Park Reservoir No. 476C,dam is located in the unsurveyed portion of Section 25, T2N, R90W of the 6th P.M. and the initial point of survey of said reservoir islocated at a point on the right abutment of the dam forming the same whence the North Quarter Corner of Section 3, T1N, R90W ofthe 6th P.M. at a distance of 2,820 feet. Lost Park Feeder Canal No. 1, No. 476A, located on the left bank of an unnamed tributaryof South Fork of Williams Fork River, whence the North Quarter Corner of Section 3, T1N, R90W of the 6th P.M., bears S 39°40' Wat a distance of 19,560 feet in a southwesterly direction to Lost Park Feeder Canal No. 2, a distance of approximately 11,945 feet.Lost Park Feeder Canal No. 2, No. 476A, located on the right bank of South Fork of Williams Fork River whence the North QuarterCorner of Section 3, T1N, R90W of the 6th P.M., bears South 10°40' W at a distance of 15,440 feet, running southeasterly to LostPark Feeder Canal No. 1, at distance of 11,660 feet. Source: Yellow Jacket Canal and Josephine Basin Lateral No. 476: NorthFork of White River, Ripple Creek and Lost Park Reservoirs and unnamed tributaries. Ripple Creek Reservoir No. 476B: NorthFork of the White River and unnamed tributaries. Lost Park Reservoir No. 476C: Lost Creek, a tributary to White River, South Forkof Williams Fork River, Lost Park Feeder Canals Nos. 1 and 2, and unnamed tributaries. Lost Park Feeder Canals Nos. 1 and 2,476A: Unnamed tributary of South Fork of Williams Fork River. Appropriation Date: All of Priority No. 652, all withappropriation date of November 9, 1953, and Priority Date of December 11, 1957, as awarded in Civil Action No. 1269 on November21, 1966. Amount claimed: Yellow Jacket Canal and Josephine Basin Lateral No. 476, with a capacity of 500 cubic feet of waterper second. Ripple Creek Reservoir No. 476B, with a capacity of 27,991.7 acre feet of water. Lost Park Reservoir No. 476C, with acapacity of 33,541.3 acre feet of water. Lost Park Feeder Canals Nos. 1 and 2, No. 476A, with capacities of 100 cubic feet of waterper second each, for a total of 200 cubic feet of water per second. Uses: Irrigation, domestic, municipal, stock water, industrial, floodcontrol, piscatorial, wildlife protection and preservation, firefighting, recreational and other beneficial uses. (12 pages)

24. 01CW303 (95CW145) ROUTT AND GRAND COUNTIES - ROCK CREEK RESERVOIR. Application For Finding ofReasonable Diligence. Applicant: Colorado River Water Conservation District, c/o David C. Hallford, Esq. Leavenworth & Karp,P.C., P. O. Drawer 2030,Glenwood Springs, CO 81602, (970) 945-2261; Jill C.H. McConaughy, Esq., P. O. Box 1120, GlenwoodSprings, CO 81602, (970) 945-8522. Name of Structure: Rock Creek Reservoir. Original Decree: 4/19/1985. Case Number, Court:83CW320, Water Div. 5. Location: The intersection of the axis of Rock Creek Dam with the centerline of the Rock Creek streamchannel is located in the SE 1/4 NE 1/4, Sec. 23, T. 1 N., R. 83 W., 6th P.M., at a point whence the NE Corner of Sec. 13 said T. andR. bears N. 34Ε16'46" E. 9,699 feet. Source: Rock Creek, tributary to the Colorado River. Appropriation Date: 10/5/1983. Amount:54,000 a.f., conditional. Use: The proposed use of the water is all beneficial uses, including but not limited to the following: domestic,commercial, municipal, irrigation, industrial, recreation, generation of hydroelectric energy, augmentation by replacement orexchange, and maintenance of storage reserves for use in drought periods. Claim for Diligence: A detailed outline of work completedand expenditures made during the diligence period is included in the application. Name/address of the Owner of Land Upon whichStructure is Located: U.S. Forest Service, Yampa Ranger District, Routt National Forest, P.O. Box 7, Yampa, CO 80483. (6 pages)

25. 01CW304 – SUMMIT COUNTY – CLINTON CREEK, TRIBUTARY TO TEN MILE CREEK AND TEN MILECREEK, TRIBUTARY TO THE BLUE RIVER. Copper Mountain, Inc., c/o Lori J.M. Satterfield, Esq., Balcomb & Green, P.C.,


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P.O. Drawer 790, Glenwood Springs, CO 81602. Application for Change of Water Right and Approval of Plan for Augmentation.Claim for Change of Water Right. Water right to be changed: Tenmile Creek Pipeline. Information from original Decree: Dateentered: 11/14/1991, Case No. 82CW435,Dist. Ct., Water Div. No. 5, Legal Description: As changed in Case No. 98CW308, locatedin the NE¼NW¼, Sec. 32, T. 6 S., R. 78 W. of the 6th P.M., at a point whence the NW Corner of said Sec. 32 bears N. 87degrees0’ W.a distance of 2,220 ft. Date of initiation of appropriation: 10/22/1981. Amt.: 3.2 cfs, conditional. Decreed use: Recharge of theWest and/or Guller and East Lake Wells; irrigation, recreation, aesthetics, snowmaking, fish and wildlife propagation. A diligenceDecree was entered in Case No. 97CW250 for the Tenmile Creek Pipeline to continue the water right in full force and effect.Proposed change: The Applicant has made certain operational changes to its water supply system which will allow for use of theTenmile Creek Pipeline diversions directly. Consequently, Applicant seeks a “change” of the Tenmile Creek Pipeline decree torecognize that the right may be used directly for its decreed purposes. Name and address of owner of land on which point of diversionand place of use are located: Applicant. Claim for Approval of Plan for Augmentation. Background: In Case No. 92CW298, WaterDiv. No. 5, this Ct. approved the change of the West Tenmile Ditch for irrigation of 26.5 acres of golf course within the CopperMountain Resort. As a result of expansion at Copper Mountain, the resort intends to dedicate a portion of this West Tenmile Ditchwater right to the Copper Mountain Consolidated Metropolitan District for irrigation of 24 acres of lawn and landscape within theDistrict's service area. The purpose of the subject augmentation plan filing is to augment the 24 acres of golf course irrigation thatwere historically irrigated by the water right to be dedicated to the District. The water right to be used for the irrigation of the 24 acresis the Tenmile Creek Pipeline, originally decreed in Case No. 82CW435, Water Div. No. 5. Water right to be augmented: TenmileCreek Pipeline (see description and information above). Water rights to be used for augmentation: Clinton Gulch Reservoir. Dateentered: 07/01/1975. Case No. W-2559. Dist. Ct., Water Div. No. 5. Legal description: The dam is located in the SW¼NW¼ ofSec. 25, T. 7 S., R. 79 W. of the 6th P.M. at a point whence the North Quarter Corner of said Sec. 25 bears N. 33degrees51’50” E.2,840.44 ft. Amt.: 4,250 AF. Appropriation: 06/25/1946. Decreed use: Industrial, domestic, irrigation, recreation, fish and wildlifepropagation. The water right is owned by the Clinton Ditch and Reservoir Company, of which Applicant is a shareholder. This waterright is utilized for purposes consistent with the original decree, the decree in Case No. 92CW65 and the Clinton Reservoir – FraserRiver Water Agreement. Clinton Gulch Reservoir Use Enlargement and Second Filling. Date entered: 05/25/1993. Case No.92CW065. Dist. Ct., Water Div. No. 5. Legal description: (see above). Amt.: 4,250 AF. Note: Decreed absolute in Case No.98CW57. Appropriation date: 03/01/1990. Decreed use: Domestic, municipal, irrigation, industrial, snowmaking, recreation, fishand wildlife propagation, and augmentation purposes, both on the western and eastern slopes of CO. Statement of operation of planfor augmentation: The consumptive use associated with the augmentation of the said 24 acres is 34.8 AF, based upon the said decreedconsumptive use calculation of 1.45 AF per acre (see Case No. 92CW292). The Applicant is entitled to 163.5 AF of water in ClintonReservoir that can be used for augmentation and other purposes. 34.8 AF may be utilized in the subject augmentation plan by releasesfrom Clinton Reservoir pursuant to the Clinton Agreement. Operation of the above-described augmentation plan will not result ininjury to any vested or decreed conditional water rights, because the plan for augmentation is sufficient to permit the continuation ofdiversions when curtailment would otherwise be required to meet a valid senior call for water. (6 pages)

26. 01CW305 – PITKIN, GARFIELD AND EAGLE COUNTIES – Frying Pan River, tributary to the Roaring ForkRiver, tributary to the Colorado River; Frying Pan River, tributary of Colorado River; Blue River, tributary of ColoradoRiver. Basalt Water Conservancy District (“BWCD”), c/o Lori J.M. Satterfield, Esq., Balcomb & Green, P.C., P.O. Drawer 790,Glenwood Springs, CO 81602. Application for Change of Water Right, Approval of Plan for Augmentation, Including Exchange,and Conditional Right of Exchange. Claim for Change of Water Right: Alternate Points of Diversion. Decreed Name of StructureFor Which Changes Are Sought: Basalt Conduit. Information from previous Decree: Date Entered: 6/20/58. Case No. C.A. 4613.Garfield Cty Dist. Ct. Decreed Point of Diversion: The decreed headgate and point of diversion is located on the left side of theFrying Pan River in the NE¼NW¼ of unsurveyed Sec. 18, T.8S., R.84W., 6th P.M. at the head of the outlet tube for Ruedi Reservoirwhence the SW corner of Sec. 7 of T.8S., R.84W. of the 6th P.M. bears N. 79degrees00' W., a distance of 2,017.1 ft. AppropriationDate: 7/29/57. Amt.: 450 cfs. Use: Generation of electricity, irrigation, domestic, municipal, stockwatering, piscatorial andindustrial. Proposed Change: Applicant seeks an alternate point of diversion of the Basalt Conduit in the amount of 3.986 cfs, whichis the cumulative total of the maximum rate of diversion at these described alternate points (all located in Garfield Cty., unlessspecified otherwise): Contract No. 3.3.5.75b, Eric Smith Well. Located in the NE¼SW¼, Sec. 31, T.7S., R.87W., 6th P.M., adistance of 1,600 ft. from the S. Sec. line and 4,700 ft. from the E. Sec. line. Amt.: 0.70 AF, 0.033 cfs. Contract No.: 3.3.5.76a,Steve Crowley Well. Located in the NE¼SW¼, Sec. 31, T.7S., R.87 W., 6th P.M., a distance of 1,590 ft. from the S. Sec. line and4,400 ft. from the E. Sec. line. Amt.: 0.70 AF, 0.033 cfs. Contract No.: 3.3.5.77b, Missey Well. Located in the NE¼SW¼, Sec. 31,T.7S., R.87W., of the 6th P.M., a distance of 1,580 ft. from the S. Sec. line and 4,100 ft. from the E. Sec. line. Amt.: 0.70 AF, 0.033cfs. Contract No.: 3.3.5.93a, Long Well. Located in the SW¼SW¼, Sec. 1, T.8S., R.86W., 6th P.M., a distance of 900 ft. from the S.Sec. line and 380 ft. from the W. Sec. line. Amt.: 1.90 AF, 0.100 cfs. Eagle Cty. Contract No.: 3.3.5.100a, Pedersen Well (1).Located in the NW¼SW¼, Sec. 21, T.7S, R87W, 6th P.M., at a point 1,500 ft. from the S. Sec. line and 300 ft. from the W. Sec. line.Amt.: 0.60 AF, 0.033 cfs. Contract No.: 3.3.5.101a, Pedersen Well ( 2). Located in the NW¼SW¼, Sec. 21, T.7S., R.87W., 6th P.M.,a distance of 1,400 ft. from the S. Sec. line and 100 ft. from the W. Sec. line. Amt.: 0.60 AF, 0.033 cfs. Contract No.: 3.3.5.109c,Heater Well. Located in the SE¼SE¼, Sec. 28, T.7S., R.87W., 6th P.M. at a point 1,275 ft. from the S. Sec. line and 750 ft. from theE. Sec. line. Amt.: 0.70 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.118a, Eirman Well: Located in the NW¼SE¼, Sec. 2, T.8S.,


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R.86W., 6th PM, a distance of 1,500 ft. from the S. Sec. line and 2,500 ft. from the E. Sec. line. Amt.: 0.70 AF, 0.033 cfs. Eagle Cty.Contract No.: 3.3.5.119b, McDonald Well: Located in the SW¼SE¼, Sec. 28, T.7S. R.87W., 6th P.M., a distance of 1,000 ft. fromthe S. Sec. line and 2,500 ft. from the E. Sec. line. Amt.: 1.20 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.120a, Isaac Well.Located in the SW¼SE¼, Sec. 28, T.7S., R.87W., 6th P.M., a distance of 870 ft. from the S. Sec. line and 2,240 ft. from the E. Sec.line. Amt.: 1.20 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.132a, Red Rock Ranch HOA Wells: A well situate in the NW¼NE¼of Sec. 10, T.8S., R.87W., 6th P.M., a distance of 1,648 ft. S. of N. Sec. line, 1,040 ft. W. of E. Sec. line. A well situate in the NE¼ ofSec. 10, T.8S., R.87W. of the 6th P.M., a distance of 1,900 ft. S. of N. Sec. line, 350 ft. W. of E. Sec. line. A well situate in the NE¼of Sec. 10, T.8S., R.87W., 6th P.M. a distance of 1,795 ft. S. of N. Sec. line, 605 ft. W. of E. Sec. line. Thomas Collins Well: situatein the SE¼NE¼ of Sec. 10, T.8S., R.87W., 6th P.M., a distance of 3,180 ft. from the S. Sec. line and 300 ft. from the E. Sec. line. Awell situate in the SW¼ of Sec. 11, T.8S., R.87W. of the 6th P.M., a distance of 2,280 ft. N. of S. Sec. line, 8 ft. E. of W. Sec. line.Howard Gunther Well. situate in the NW¼SW¼ of Sec. 11, T.8S., R.87W., 6th P.M., a distance of 1,905 ft. N. of S. Sec. line, 60 ft.E. of W. Sec. line. Zurcher Well: located in the SE¼NE¼, Sec. 10, T.8S., R.87W., 6th P.M., a distance of 1,803 ft. from the N. Sec.line and 734 ft. from the E. Sec. line. Amt.: 8.0 AF, 0.250 cfs. Eagle Cty. Contract No.: 3.3.5.187, Big Spring. Located in theNW¼SE¼, Sec. 8, T.8S., R.83W., 6th P.M. a distance of 2,181 ft. from S. Sec. line and 1,411 ft. from E. line of said Sec. Amt.: 6.00AF, 0.132 cfs. Pitkin Cty. Contract No.: 3.3.5.199, Aspen Village River Homes Well. Located in the NE¼SE¼, Sec. 6, T.9S.,R.85W., 6th P.M., a distance of 1,870 ft. from S. Sec. line and 220 ft. from the E. Sec. line. Amt.: 10.0 AF, 0.111 cfs. Pitkin Cty.Contract No.: 3.3.5.201b, Davis Well. Located in the SW¼NE¼, Sec. 26, T.8S., R.86W., 6th P.M., a distance of 3,462 ft. from S.Sec. line and 1,356 ft. from the E. Sec. line. Amt.: 1.0 AF, 0.033 cfs. Pitkin Cty. Contract No.: 3.3.5.205, Christeleit SubdivisionWell. Located in the NE¼NW¼, Sec. 30, T.6S., R.88W., 6th P.M. a distance of 4,300 ft. from the S. Sec. line and 3,100 from the E.Sec. line. Amt.: 4.20 AF, 0.230 cfs. Contract No.: 3.3.5.208, Pine Well. Located in the NW¼NW¼, Sec. 17, T.7S., R.88W., 6thP.M., 924 ft. from the N. Sec. line and 528 ft. from the W. Sec. line. Amt.: 2.50 AF, 0.134 cfs. Contract No.: 3.3.5.213, Ray CrowleyWell. Located in the SW¼SW¼, Sec. 7, T.8S., R.83W., 6th P.M., a distance of 670 ft. from the S. Sec. line and 750 ft. from the W.Sec. line. Amt.: 1.0 AF, 0.033 cfs. Pitkin Cty. Contract No.: 3.3.5.216b, Calle Perfecto/Kevin Weeda Well. Located in theSW¼SW¼, Sec. 9, T.9S., R.85W., 6th P.M. a distance of 150 ft. from the S. Sec. line and 1,310 ft. from the W. Sec. line. Amt.: 1.18AF, 0.045 cfs. Pitkin Cty. Contract No.: 3.3.5.227b, Riley Well. Located in the NW¼NW¼ of Sec. 27, T.7S., R.88W., 6th P.M., adistance of 768 ft. N. of the S. Sec. line and 235 ft. W. of the E. Sec. line. Amt.: 2.70 AF, 0.067 cfs. Contract No.: 3.3.5.230, BonesWell. Located in the SW¼SE¼, Sec. 33, T.7S., R.87W., 6th P.M., a distance of 1,040 ft. from the S. Sec. line and 1,400 ft. from theE. Sec. line. Amt.: .73 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.234, Ho Well. Located in NE¼NW¼, Sec. 16, T.9S., R.85W.,6th P.M. a distance of 175 ft. from the N. Sec. line and 1,960 ft. from the W. Sec. line. Amt.: 11.20 AF, 0.033 cfs. Pitkin Cty.Contract No.: 3.3.5.236, Cleveland Well. Located in the NW¼SE¼, Sec. 22, T.7S., R.87W., 6th P.M., a distance of 2,350 ft. from theS. Sec. line and 1,500 ft. from the E. Sec. line. Amt.: 1.70 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.244, McDonough Well.Located in the NE¼NW¼, Sec. 16, T.9S., R.85W., of the 6th P.M., a distance of 50 ft. from the North Sec. line and 1,700 ft. from theWest Sec. line. Amt.: 4.0 AF, 0.150 cfs. Pitkin Cty. Contract No.: 3.3.5.245a, Jelinek Well. Located in the NE¼NW¼, Sec. 16,T.9S., R. 85W., 6th P.M., a distance of 900 ft. from the N. Sec. line and 2,200 ft. from the W. Sec. line. Amt.: 1.50, 0.033 cfs. PitkinCty. Contract No.: 3.3.5.258, Pinion Grove HOA Well. Lot 2 Well - located in the NW¼ SW¼, Sec. 28, T.7S., R.87W., 6th P.M., adistance of 2,340 ft. from the S. Sec. line and 1,097 ft. from the W. Sec. line. Amt.: 11.30, 0.132 cfs. Eagle Cty. Contract No.:3.3.5.269. Levitt Wells: Levitt Well No.1: located in the NW¼SW¼, Sec. 28, T.7S., R.87W., 6th P.M., a distance of 1,352 ft. fromthe S. Sec. line and 1,081 ft. from the W. Sec. line. Levitt Well No. 2: located in the NE¼SW¼, Sec. 28, T.7S., R.87W., 6th P.M., adistance of 1,470 ft. from the S. Sec. line and 2,001 ft. from the W. Sec. line. Levitt Well No. 3: located in the NE¼SW¼, Sec. 28,T.7S., R.87W., 6th P.M., a distance of 1,470 ft. from the S. Sec. line and 1,900 ft. from the W. Sec. line. Amt.: 14.90 AF, 0.110 cfs.Contract No.: 3.3.5.273a, PePaw Well Lot 1 Well: located in the NE¼SW¼, Sec. 33, T.7S., R.87W., 6th P.M., a distance of 1,820 ft.from the S. Sec. line and 2,680 ft. from the E. Sec. line. Amt.: 1.00 AF, 0.033 cfs. Contract No.: 3.3.5.274a, Rieser Well. Lot 2 Well:located in the NE¼SW¼, Sec. 33, T.7S., R.87W., 6th P.M., a distance of 2,100 ft. from the S. Sec. line and 2,720 ft. from the E. Sec.line. Amt.: 1.0 AF, 0.033 cfs. Contract No.: 3.3.5.275, Arnold Well (Lot 3 Well). Located in the NE¼SW¼, Sec. 33, T.7S., R.87W.,6th P.M., a distance of 1,950 ft. from the S. Sec. line and 3,000 ft. from the E. Sec. line. Amt.: 1.0 AF, 0.033 cfs. Contract No.:3.3.5.276, Arnold Well (Lot 4 Well). Located in the NE¼SW¼, Sec. 33, T.7S., R.87W., 6th P.M., a distance of 2,380 ft. from the S.Sec. line and 3,100 ft. from the E. Sec. line. Amt.: 1.0 AF, 0.033 cfs. Contract No.: 3.3.5.280, Walker Well. Located NW¼NE¼,Sec. 29, T.6S., R.88W., 6th P.M., a distance of 600 ft. from the N. Sec. line and 2,300 ft. from the E. Sec. line. Amt.: .90 AF, 0.033cfs. Contract No.: 3.3.5.282a, Caddis Fly Partners, LLC. Pump and Pipeline located in the SE¼SE¼, Sec. 7, T.8S., R.86W., 6thP.M., 900 ft. from the S. Sec. line and 450 ft. from the E. Sec. line. Amt.: .90 AF, 0.220 cfs. Eagle Cty. Contract No.: 3.3.5.284a,TRM Corp of Colorado. Mid Valley Well No. 2 (051135-F): located in the SW¼SE¼, Sec. 28, T.7S., R.87W., 6th P.M., a distanceof 3,980 ft. from the N. Sec. line and 2,622 ft. from the E. Sec. line. Amt.: .80 AF, 0.033 cfs. Contract No.: 3.3.5.286a, Helliski Well(aka Glassier No. 1 Well). Located in the SE¼SE¼, Sec. 33, T.7S., R.87W., 6th P.M. at a point 800 ft. from the S. Sec. line and 1,225ft. from the E. Sec. line. Amt.: 1.0 AF, 0.006 cfs. Eagle Cty. Contract No.: 3.3.5.287, Gershman Well. Located in the SE¼SW¼,Sec. 7, T.8S., R.86W., 6th P.M. at a point 1,200 ft. from the S. line and 2,000 ft. from the W. line. Amt.: .70 AF, 0.033 cfs. EagleCty. Contract No.: 3.3.5.295, Lowell Well. Located in the SW¼NW¼, Sec. 26, T.6S., R.89W., 6th P.M., at a point 2,350 ft. from theN. line and 400 ft. from the W. line. Amt.: .90 AF, 0.066 cfs. Contract No.: 3.3.5.296a, Seibert Well. Located in the SE¼NE¼, Sec.27, T.7S., R.87W., 6th P.M., a distance of 1,950 ft. from the N. Sec. line and 1,450 ft. from the E. Sec. line. Amt.: 1.0 AF, 0.033 cfs.


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Eagle Cty. Contract No.: 3.3.5.297, Moore/Englund Wells. Tract A Well: located in the SW¼NW¼, Sec. 32, T.7S., R.87W., 6thP.M., a distance of 2,350 ft. from the N. Sec. line and 1,315 ft. from the W. Sec. line. Tract B Well: located in the SE¼NW¼, Sec.32, T.7S., R.87W., 6th P.M., a distance of 2,320 ft. from the N. Sec. line and 1,680 ft. from the W. Sec. line. Amt.: 2.0 AF, 0.067 cfs.Contract No.: 3.3.5.305, Ulrych Well. Located in the SE¼NW¼, Sec. 32, T.7S., R.87W., 6th P.M., a distance of 1,400 ft. from the N.Sec. line and 2,600 ft. from the W. Sec. line. Amt.: .60, 0.033 cfs. Contract No.: 3.3.5.307, Terliamis/Shaw Well. Located on ParcelB, NW¼SE¼, Sec. 1, T.7S., R.89W., 6th P.M., a distance of 2,400 ft. from the S. Sec. line and 1,700 ft. from the E. Sec. line. Amt.:.50, 0.033 cfs. Contract No.: 3.3.5.309, Carlson/Sterett Well. Metal Shed Well: located in the NW¼NW¼, Sec. 32, T.7S., R.87W.,6th P.M., a distance of 1,305 ft. from the N. Sec. line and 1,195 ft. from the W. Sec. line. Amt.: 2.90 AF, 0.066 cfs. Contract No.:3.3.5.310a, Hamalak Well. Bradley Well: located on Lot 10, Winward Ranch Subdivision, in the SE¼NW¼, Sec. 6, T.8S., R.84W.,6th P.M., a distance of 2,082 ft. from the N. Sec. line and 2,400 ft. from the W. Sec. line. Amt.: 1.0 AF, 0.033 cfs. Eagle Cty.Contract No.: 3.3.5.312, Cozy Point, L.P./Eastbank, LLC Well. Located in the NW¼SE¼, Sec. 35, T.6S., R.89W., 6th P.M., adistance of 1,700 ft. from the S. Sec. line and 1,950 ft. from the E. Sec. line. Amt.: .40 AF, 0.033 cfs. Contract No.: 3.3.5.314, MooreWell. Located in the SE¼NW¼, Sec. 32, T.7S., R.87W., 6th P.M., a distance of 1,895 ft. from the N. Sec. line and 1,350 ft. from theW. Sec. line. Amt.: 1.0 AF, 0.134 cfs. Contract No.: 3.3.5.315, Murray Well. Located on Lot 1B, Goose Creek Subdivision in theSE¼NE¼, Sec. 34, T.7S., R.88W., 6th P.M., a distance of 3,250 ft. from the S. Sec. line and 450 ft. from the E. Sec. line. Amt.: .90AF, 0.033 cfs. Contract No.: 3.3.5.316, Inverso Well. Located in the SW¼NW¼, Sec. 26, T.6S., R.89W., 6th P.M., a distance of1,978 ft. from the N. Sec. line 534 ft. from the W. Sec. line. Amt.: .80 AF, 0.066 cfs. Contract No.: 3.3.5.317, Crandall Well (Lot 4AWell). Located on Arlian Ranch in the SE¼SE¼, Sec. 33, T.7S., R.87W., 6th P.M., a distance of 500 ft. from the S. Sec. line and 700ft. from the E. Sec. line. Amt.: 1.0 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.318a, White/Marble Well (Lot 4B Well). Locatedon Arlian Ranch in the SE¼SE¼, Sec. 33, T.7S., R.87W., 6th P.M., a distance of 320 ft. from the S. Sec. line and 700 ft. from the E.Sec. line. Amt.: 1.0 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.319, Rominger Well. Located in the NW¼NW¼, Sec. 11, T.8S.,R.88W., 6th P.M., a distance of 700 ft. from the N. Sec. line and 900 ft. from the W. Sec. line. Amt.: 1.80 AF, 0.049 cfs. ContractNo.: 3.3.5.320a, Waterman Well. Located in the SE¼SW¼, Sec. 17, T.8S., R.86W., 6th PM. A distance of 600 ft. from the S. Sec.line and 1500 ft. from the W. Sec. line. Amt.: 7.0 AF, 0.066 cfs. Pitkin Cty. Contract No.: 3.3.5.323, Jewkes Well. A well located inthe NE¼ SW¼, Sec. 1, T.8S., R.86W., 6th P.M., a distance of 1,250 ft. from the S. Sec. line and 1,400 ft. from the W. Sec. line. Lot11, Seven Castles Subdivision. Amt.: 0.70 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.324, St. Finnbar Wells. Well #1 Lot 1 -located in the SE¼NW¼, Sec. 31, T.7S., R.87W., 6th P.M., a distance of 2,595 ft. from the N. Sec. line and 2,320 ft. from the W. Sec.line. Well #1, Lot 2 - located in the SE¼NW¼, Sec. 31, T.7S., R87W, 6th P.M. , 2,455 ft. from the N. Sec. line and 1,930 ft. from theW. Sec. line. Well #1, Lot 3 - located in the SE¼NW¼, Sec. 31, T.7S., R.87W., 6th P.M., a distance of 2,405 ft. from the N. Sec. lineand 1.715 ft. from the W. Sec. line. Well #1, Lot 4 - located in the SE¼NW¼, Sec. 31, T.7S., R.87W., 6th, P.M., a distance of 2,605ft. from the N. Sec. line and 1,385 ft. from the W. Sec. line. Well #1, Lot 5 - located in SW¼NW¼, Sec. 31, T.7S., R.87W., 6th P.M.,a distance of 2,200 ft. from the N. Sec. line and 1,055 ft. from the W. Sec. line. Well #1, Lot 6 - located in the SW¼NW¼, Sec. 31,T.7S., R.87W., 6th P.M., a distance of 2,460 ft. from the N. Sec. line and 615 ft. from the W. Sec. line. Well # 1, Lot 7 - located in theNW¼SW¼, Sec. 31, T.7S., R.87W., 6th P.M., a distance of 2,715 ft. from the N. Sec. line and 865 ft. from the W. Sec. line. Well #1,Lot 8 - located in the NW¼SW¼, Sec. 31, T.7S., R.87W., 6th, P.M., a distance of 2,985 ft. from the N. Sec. line and 1,050 ft. fromthe W. Sec. line. Well #1, Lot 9 - located in the NW¼SW¼, Sec. 31, T.7S., R.87W., 6th P.M., a distance of 3,260 ft. from the N. Sec.line and 1,310 ft. from the W. Sec. line. Well #1, Lot 10 - located in the NE¼SW¼, Sec. 31, T.7S., R.87W., 6th P.M., a distance of3,330 ft. from the N. Sec. line and 1,530 ft. from the W. Sec. line. Well #1, Lot 11 - located in the NE¼SW¼, Sec. 31, T.7S., R.87W.,6th P.M., a distance of 3,450 ft. from the N. Sec. line and 1,835 ft. from the W. Sec. line. Well #1, Lot 12 - located in the NE¼SW¼,Sec. 31, T.7S., R.87W., 6th P.M., a distance of 3,160 ft. from the N. Sec. line and 1,850 ft. from the W. Sec. line. Well #1, Lot 13 -located in the NE¼SW¼, Sec. 31, T.7S., R.87W., 6th P.M., a distance of 3,190 ft. from the N. Sec. line and 2,140 ft. from the W. Sec.line. Amt.: 16.20 AF, 0.430 cfs (0.033 cfs each well). Contract No.: 3.3.5.325, Brook Well. Located on Lot 11, Aspen OaksSubdivision, in the NE¼SW¼, Sec. 3, T.10S., R.85W., 6th P.M. A distance of 2670 ft. from the N. Sec. line and 1650 ft. from the W.Sec. line. Amt.: 1.0 AF, 0.033 cfs. Pitkin Cty. Contract No.: 3.3.5.326, Thunder River Lodge Well. Located in the SE¼SE¼, Sec.28, T.7S., R.88W., 6th P.M., a distance of 800 ft. from the S. Sec. line and 1,100 ft. from the E. Sec. line. Amt.: 5.90 AF, 0.134 cfs.Contract No.: 3.3.5.327, Pitkin Cty. Well. Located in the SE¼SE¼, Sec. 6, T.9S., R.85W., 6th P.M., a distance of 306 ft. from the S.Sec. line and 361 ft. from the E. Sec. line. Amt.: 2.0 AF, 0.033 cfs. Pitkin Cty. Contract No.: 3.3.5.329, Philip Well. Located in theNE¼NE¼, Sec. 35, T.7S., R.88W., 6th P.M., a distance of 750 ft. from the N. Sec. line and 220 ft. from the W. Sec. line. Amt.: .80AF, 0.033 cfs. Contract No.: 3.3.5.336, Coffman Well. SW¼NW¼, Sec. 10, T.8S., R.86W., 6th P.M., a distance of 1,520 ft. from theN. Sec. line and 1,120 ft. from the S. Sec. line. Amt.: 3.20 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.340a, Willsky/GrossmanWell. Located on Lot 2, Adams Subdivision, SW¼, Sec. 2, T.8S., R.86W., 6th P.M., a distance of 1,300 ft. from the S. Sec. lineand 1,800 ft. from the W. Sec. line. Amt.: .70 AF, 0.033 cfs. Eagle Cty. Contract No.: 3.3.5.345, Kirkham Well. Located in theSW¼SW¼, Sec. 36, T.6S., R.89W., 6th P.M., a distance of 216 ft. from the S. Sec. line and 612 ft. from the W. Sec. line. Amt.: 1.30AF, 0.033 cfs. Applicant also seeks an alternate point of diversion of the Basalt Conduit in the amount of 0.22 cfs (99 gpm) to servethe H Lazy F Mobile Home Park (Contract No. 3.3.5.07) at any one or combination of the Heuschkel Well Nos. 1, 1A, 2 and at theSeigle Well No. 1. Heuschkel Well Nos. 1 and 2 were previously decreed as alternate points of diversion for the Basalt Conduit inCase No. 87CW155 in the amount of 0.22 cfs. The actual points of diversion of the Heuschkel Well Nos. 1 and 2 are not within 200ft. of the points decreed in 87CW155. Applicant seeks to correct the legal description of the Heuschkel Well Nos. 1 and 2 and to add


PAGE 17

the Heuschkel Well No. 1A and the Seigle Well No. 1 as alternate points of 0.22 cfs of the Basalt Conduit. (Cumulative diversionsunder all four wells will not exceed the 0.22 cfs.) The said change of the Basalt Conduit and the plan for augmentation claimed hereinfor the H Lazy F Mobile Home Park, when decreed, will replace and supersede those provisions of the Case No. 87CW155 Decreerelating to the mobile home park. Heuschkel Well No. 1: located in the SE¼SE¼, Sec. 1, T.7S., R.89W., 6th P.M., at a point 1,265 ft.from the E. line and 615 ft. from the S. line of said Sec. 1. Heuschkel Well No. 1A: located in the SE¼SE¼, Sec. 1, T.7S., R.89W.,6th P.M. at a point 880 ft. from the S. Sec. line of said Sec. 1. Heuschkel Well No. 2: located in the SE¼SE¼, Sec. 1, T.7S., R.89W.,6th P.M. at a point 1,240 ft. from the E. Sec. line and 475 ft. from the S. Sec. line of said Sec. 1. Seigle Well No. 1: located in theSE¼SE¼, Sec. 1, T.7S., R.89W., 6th P.M., at a point 520 ft. from the E. Sec. line and 775 ft. from the S. Sec. line of said Sec. 1.Amt.: 0.22 cfs, 37.6 AF, cumulative for all four wells. Name and address of owner of land upon which points of diversion and placeof use of all the subject wells are located: contractees under the above-described contracts with BWCD. Two of the above-describedcommercial/domestic wells may be located within 600 ft. of other wells. The two wells are the Inverso Well (BWCD Contract No.3.3.5.316; existing well permit no. 86080) and the Terliamis/Shaw Well (BWCD Contract Nos. 3.3.5.58 and 3.3.5.307; existing wellpermit no. 33633-F). In accordance with C.R.S. §37-90-137(2)(b)(I)(B), the District has notified the record owners of wells that maybe located within 600 ft. of these two wells. Service was made more than 10 days before the filing of this application at the addresseson record with the State Division of Water Resources. The proof of the certified mailing has been filed with the Ct. All of the above-described domestic wells are located more than 600 ft. from any other well, and/or are exempt from the 600-ft. spacing limitationpursuant to C.R.S. §37-90-137(2)(b)(iii). A map depicting the locations of all the above-described wells is Exhibit A to theApplication, on file with the Ct. Based upon its files and billing records, the District believes that the contractees for the above-described contracts are the owners or reputed owners of the above-described structures and the properties to be served by the subjectwater rights. Pursuant to C.R.S. § 37-92-302(3)(c)(I), the said contractees, as described in the list submitted as Exhibit B to theApplication, on file with the Ct., will be notified of this Application. Claim for Approval of Plan of Augmentation, IncludingAbsolute Right of Exchange. Structures to be augmented: The wells described hereinabove, and the following Antonides Well, RFCWell No. 4, and RFC Well No. 5. Contract No. 3.3.5.107a and Contract No. 3.3.5.334, Antonides Well (a/k/a Mid Valley Well No.2). Located in the NW¼SE¼, Sec. 28, T. 7 S., R.87W., 6th P.M., at a point whence the N. quarter corner of said Sec. 28 bears N.00degrees41'30" W. 3984.75 ft. Amt.: 3.40 AF, 0.033 cfs. Eagle Cty. This well was already adjudicated a water right in the amountof 0.33 cfs in Case No. W-1159. Diversions will not exceed the 0.33 cfs already decreed. The purpose of the subject augmentationplan is to augment the uses of Contract Nos. 3.3.5.107a and 3.3.5.334. Contract No. 3.3.5.321b. RFC Well No. 4: located in theNE¼NW¼, Sec. 20, T.8S., R.86W. of the 6th P.M., a distance of 169 ft. from the N. Sec. line and 2,706 ft. from the E. Sec. line. RFCWell No. 5: located in the NE¼NW¼, Sec. 20, T.8S., R.86W. of the 6th P.M., a distance of 779 ft. from the N. Sec. line and 1,644 ft.from the E. Sec. line. Amt.: 0.60 AF, 0.067 cfs. Pitkin Cty. In Case No. 95CW357, the Ct. decreed water rights to these wells in theamount of 0.22 cfs (100 gpm) for each well. The wells were augmented in accordance with an augmentation plan decreed in Case No.96CW55. The subject augmentation plan will cover additional uses and depletions from the wells to serve the Chaffin/Light cabins atthe Roaring Fork Club. Diversions at the two wells will not exceed the diversion rate decreed in Case No. 95CW357. Water Rights tobe Used for Augmentation: Ruedi Reservoir, Green Mountain Reservoir, Troy & Edith Ditch, Robinson Ditch. Information fromprevious decree for Ruedi Reservoir: An on-channel reservoir located in Secs. 7, 8, 9, 11, and 14 through18, T.8S., R.84W. of the 6thP.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: 6/20/58. Appropriation Date: 7/29/57.Case No.: C.A. 4613. Garfield Cty. Dist. Ct. Decreed Amt.: 102,369 AF (Originally decreed for 140,697.3 AF; reduced to 102,369AF in Case No. W-789-76). Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stockwatering. By decree of the Water Ct. in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF,conditional. In Water Ct. Case No. 95CW95, 44,509 AF was made absolute. Information from previous decree for Green MountainReservoir: Located approximately 16 miles SE of the Town of Kremmling in Summit Cty., CO, and more particularly in all or partsof Secs. 11, 12, 13, 14, 15, and 24 of T.2S., R.80W., and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T.2S., R.79W. of the 6th P.M.Adjudication Date: 10/12/55. Appropriation Date: 8/1/35. Case No.: 2782, 5016, and 5017. United States District Court, Districtof CO. Decreed Amt.: 154,645 AF. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the Sec. entitled "Manner ofOperation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Information from previous decrees for Troy Ditchand Edith Ditch rights:

AMOUNT SOLD,TRANSFERRED OR RESERVED

AMOUNTREMAINING

(10)

STRUCTU

RE

PRIORITY

COURT

CASENO.

ADJDATE

APPDATE

DECREED

AMOUNT(CFS)

USE

(4) (5) (6) (7) (8) (9) CFS AF

TroyDitch

370 3082 08/25/1936

05/01/1906

5.10 I 0.000

0.000

0.095

0.064

0.035

4.906 N/A

TroyDitch

427 3082 08/25/1936

05/01/1928

10.80 I 0.000

0.000

0.200

0.134

0.073

10.393 N/A


PAGE 18

TroyDitch

669 4613 06/20/1958

06/01/1942

6.20 I 0.000

0.000

0.115

0.077

0.042

5.966 N/A

EdithDitch

353 3082 08/25/1936

05/01/1904

2.72 I 0.110

0.1320

0.050

0.000

0.018

2.410 N/A

EdithDitch1st

673 4613 06/20/1958

07/01/1946

3.23 I 0.000

0.000

0.060

0.000

0.022

3.148 N/A

LowerHeadgate

(2) W-2281

15.50(3) I,D,MC,P

0.110

0.1320

0.520

0.275

0.190

14.273 412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River.(2) Alternate point for all priorities of Troy and Edith Ditches.(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South

Shores augmentation plan.(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.In Case No. W-2281, Div. 5, the Ct. decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that300 AF could be stored in an unnamed reservoir. Applicant owns 412.89 AF of the 453 AF, and makes the water rights available tocontract allottees for use pursuant to an approved substitute supply plan or decree of Ct. This Ct. changed the use of the 412.89 AF toinclude augmentation and exchange in Case Nos. 98CW26 and 98CW89 (Consolidated). The Troy and Edith augmentation water canbe delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgate on the Frying Pan River.Information from previous decrees for Robinson Ditch rights:

Structure DecreedAmt. cfs

Amt. Ownedby BWCD(cfs)(1)

Adj. Date App. Date PriorityCaseNo. (2)

Robinson Ditch5.00 1.21 05/11/1889 06/15/1882 38 132

Robinson Ditch2.50 0.60 05/11/1889 04/15/1886 140 132

Robinson Ditch2.00 0.48 05/11/1889 11/15/1886 167 132

Robinson Ditch10.70 2.59 12/29/1903 04/25/1899 212C 1061

Robinson Ditch20.06 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% ofthe total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.(2) District Court in and for Garfield Cty.The point of diversion, as decreed, is located on the N. bank of the Roaring Fork River one-half mile below the mouth of Sopris Creekin Sec. 11, T.8S., R.87W., 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interestin the Robinson Ditch water rights. In Case No. 93CW319, the Ct. decreed that 360AF of annual consumptive-use credits areassociated with said irrigation. In that case, the Ct. also decreed a change of use of BWCD’s Robinson Ditch rights to includeaugmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan ordecree of Ct. Statement of Plan for Augmentation: All of the subject wells and springs points are within Area A of the District orareas which would be designated Area A by definition. In Area A no intervening calling water rights are present between the wells tobe augmented and the mainstem of the Frying Pan and Roaring Fork Rivers, and the wells can therefore be augmented year-round byconsumptive-use credits under the Troy and Edith Ditch and the Robinson Ditch (for irrigation season replacement), and releases fromRuedi Reservoir and/or Green Mountain Reservoir (for non-irrigation season replacement). Sixty-three (63) contracts associated with85 wells and one spring are included in this augmentation plan; of these contracts, 53 are classified as domestic contracts (whichinclude, as applicable, domestic, lawn and garden irrigation and livestock watering), and 10 are classified as commercial contracts.


PAGE 19

Except for the wells described in paragraphs II.1.A and B. of the application, the wells to be augmented will divert as alternate pointsof diversions of the Basalt Conduit priority. Only when the Basalt Conduit is out of priority will augmentation be required. Fourteenof the subject wells are located in the Missouri Heights area and are considered tributary to Blue Creek for purposes of thisaugmentation plan. In Case No. 93CW319, this Ct. approved the use of the District's Robinson Ditch rights for augmentation of BlueCreek, and quantified the excess Robinson Ditch consumptive-use credits remaining available for augmentation under the District'saugmentation program. Robinson Ditch credits will be used to augment the fourteen Missouri Heights wells during the irrigationseason. During the non-irrigation season, out-of-priority depletions from the Missouri Heights wells will be augmented by releasesfrom Ruedi Reservoir and/or Green Mountain Reservoir. A summary of the combined monthly diversions and stream depletions forthe Missouri Heights wells is Exhibit C to the Application, on file with the Ct.. The projected annual total diversions from these wellsis 36.22 AF, and the projected annual total depletion associated with these wells is 18.38 AF. Nine commercial wells and onecommercial spring are included in this plan for augmentation. During the irrigation season, the out-of-priority depletions associatedwith these wells and spring will also be augmented by Robinson Ditch consumptive-use credits, which are senior to the Cameo Call.During the non-irrigation season, the out-of-priority depletions associated with these wells and spring will be augmented by releasesfrom Ruedi Reservoir and/or Green Mountain Reservoir. A summary of the combined monthly diversions and stream depletions forthese commercial contracts is Exhibit D to the Application, on file with the Ct. The projected annual total diversions is 27.57 AF, andthe projected annual depletion is 12.24 AF. All of the other 37 wells will be augmented during the irrigation season by the Troy andEdith Ditch consumptive-use credits and by releases from Ruedi Reservoir and/or Green Mountain Reservoir during the non-irrigationseason. This category of wells also includes the above-described wells to serve the H Lazy F Mobile Home Park. Ninety-sixresidential units within the mobile home park are covered under this augmentation plan. The projected diversion requirement for themobile home park is 37.63 AF per year, and the projected depletion is 1.98 AF per year. When decreed, the subject augmentation planwill supersede the augmentation plan decreed for the H Lazy F Mobile Home Park in Case No. 87CW155. The other contracts to beaugmented by the combination of Troy and Edith Ditch credits and reservoir releases are described in Exhibit E to the Application, onfile with the Ct.; the total projected annual diversion requirement for these contracts is 92.35 AF, and the total projected annualdepletion is 47.77 AF. In preparing the subject augmentation plan, the District used engineering assumptions consistent with theDistrict's prior augmentation decrees in Case Nos. 87CW155, 93CW319, and 98CW29 and 98CW89 (Consolidated). A summary ofthe assumptions used in the water requirements calculations is set forth in Exhibit F to the Application, on file with the Ct. In CaseNo. 87CW155, the Ct. established 7 categories of wells within the District's augmentation program, each category having differentgroundwater parameters. See Exhibit G to the Application, on file with the Ct. The District completed a Glover analysis anddetermined the delayed stream depletion impacts for each category. A monthly distribution of the delayed depletions, expressed as aratio to total annual depletions, was developed for Case No. 87CW155, and is Exhibit H to the Application, on file with the Ct.Applicant placed the wells included in the subject application into 5 of the wells categories established in Case No. 87CW155, basedon the known information for each well and the various category criteria. Using the respective Glover analysis for each category,Applicant then applied the delayed impact distribution to the monthly depletions for the wells to determine a monthly stream depletiontable by well category. Stream depletions from some wells are expected to be delayed significantly, but the depletions are expected toreach a steady state. Other wells are completed in alluvial formations close to the Frying Pan or Roaring Fork Rivers and will havelittle or no delayed impact. Previous studies completed by the District in support of its augmentation plans in Case Nos. 87CW155and 93CW319 resulted in a finding that during future dry years (reoccurrence of 1 year in 50 years), the Basalt Conduit water rightwill be out of priority from mid June through mid October. A call could also be in effect in April. No calls are expected to be placedupon the Basalt Conduit (including at the alternate points of diversion applied for herein) during the remainder of the year. Asummary of the combined monthly stream depletions for all wells, including delayed stream depletions, and the projectedaugmentation schedule are set forth in Exhibit I to the Application, on file with the Ct. Using water use data compiled by the contractallottees, BWCD will account for the diversions and depletions under the subject augmentation plan to the Division of WaterResources, as required to administer the District's augmentation program. The substituted water will be of a quality and quantity so asto meet with requirements for which the water of senior appropriators has normally been used. Applicant seeks the adjudication of anabsolute right to divert by exchange as more particularly described hereinabove. There are two exchange reaches: The downstreamterminus of the exchange is the confluence of the Frying Pan River and Roaring Fork River; the upstream terminus is the location ofthe following wells:

Contract No. CFS Diversion (AF) Depletion (AF) Name

199 0.111 9.63 5.96 Aspen RiverVillageHomes

201b 0.033 0.97 0.51 Davis

216a 0.045 1.12 0.51 Calla Perfecto

234 0.033 11.13 8.55 Ho

244 0.158 3.98 2.82 McDonough


PAGE 20

245a 0.033 1.48 0.98 Jelinek

320a 0.066 6.95 4.40 Waterman

321b 0.033 0.59 0.34(2) Chafin/Light

325 0.033 1.85 1.85 Pitkin Co.

327 0.033 0.96 0.50 Brook

Total 0.537 38.66 26.42The downstream terminus of the exchange is the confluence of the Roaring Fork River and the Colorado River; the upstream terminusof the exchange is the locations of the above-described wells. The exchange amount is as set forth above. Claim for Approval ofConditional Right of Exchange. Water rights to be exercised by exchange: The Basalt Conduit right described above, and theaugmentation water rights described above. Description of the exchange reaches: There are two exchange reaches: (1) Thedownstream terminus of the exchange is the confluence of the Frying Pan River and Roaring Fork River; the upstream terminus of theexchange is the confluence of Maroon Creek and the Roaring Fork River. (2) The downstream terminus of the exchange is theconfluence of the Roaring Fork River and the Colorado River; the upstream terminus of the exchange is the confluence of MaroonCreek and the Roaring Fork River. Exchange amt.: 7.5 cfs, conditional, based upon the District’s projected future needs to servecontractees in the exchange reach. Date of initiation of appropriation: 7/2/2001; however, downstream of the said exchange reach, thewater rights exercised by exchange will continue to be administered under their original decreed priority (e.g., the Basalt Project rightswill be administered under the C.A. 4613 adjudication date downstream of the confluence of the Roaring Fork River and the FryingPan River). How appropriation was initiated: by field investigation, engineering evaluation of exchange potential in the subject reach,and formation of intent to appropriate, as evidenced by a resolution of the Board of Directors of BWCD on 7/2/2001. All waterservice provided by BWCD under the exchange of the water rights described herein shall be limited to the amount of water availablein priority at the original point of diversion, and BWCD, or those entitled to use the BWCD’s decrees, may not call on any greateramount at any new alternate point of diversion. BWCD shall request the State Engineer to estimate any conveyance losses betweenthe original point and any alternate point, and such estimate shall be deducted from this amount in each case. BWCD, or those entitledto use its decrees, may call on any additional sources of supply that may be available at an alternate point of diversion exercised underthe subject exchange, but not available at the original decreed point of diversion, only as against water rights which are junior to thedate of this exchange. A decree approving the subject application will not result in injury to any vested or decreed conditional waterrights. Wherefore, Applicant prays for a decree which: Finds that Applicant's augmentation plan and the use of the Basalt Conduitunder the subject water allotment contracts constitute use in the same general location, for the same purposes and in the same generalquantities as was originally contemplated in the decree for the Basalt Project in C.A. 4613; Finds that implementation of the plan foraugmentation, including exchange, and alternate points of diversion described herein will not injure any vested or decreed conditionalwater rights, and thus may be approved by the Ct.; Grants and approves the alternate points of diversion for the Basalt Conduit hereindescribed; Grants and approves the plan for augmentation, including absolute exchange, herein contemplated; and Grants andapproves the conditional right of exchange herein described. (28 pages)

27. 01CW306 - EAGLE and GRAND Counties - Muddy Creek and its tributaries; alluvium tributary to the Eagle River,tributary to the Colorado River. Wolcott Market, Ltd., c/o Lori J.M. Satterfield, Esq., Balcomb & Green, P.C., P.O. Drawer 790,Glenwood Springs, CO 81602, 970/945-6546. Application for Ground Water Right and Approval for Plan for Augmentation,Including Exchange. Claim for Ground Water Right. Wolcott Market Well. Legal description: located in the NE¼SW¼ of Sec. 15,T. 4 S., R. 83 W. of the 6th P.M., at a point 1,600 ft. from the S. line and 2,400 ft. from the W. line of said Sec. 15. Depth: 100 ft. orless. Date of initiation of appropriation: 1935. How appropriation was initiated: by completion of well, diversion of water andapplication to beneficial use. Date water applied to beneficial use: 1935. Amt. claimed: 30 gpm, absolute; 3.17 AF annually. Use orproposed use: If irrigation: Number of acres historically irrigated: 3,000 sq. ft. of lawn and landscape located in unincorporatedWolcott, CO. Located within the NE¼ SW¼ of Sec. 15, T. 4 S., R. 83 W. of the 6th P.M. A location map is Exhibit A to theApplication, which is on file with the Ct. If non-irrigation, describe purpose fully: commercial and domestic for an existing inn,cottages, market and grill/restaurant. Name of owner of land on which point of diversion and place of use are located: Applicant.The Wolcott Market Well is located within 600 ft. of one existing well, and the owner of that well has executed a statement to waiveany objection to the issuance of a well permit for the Wolcott Market Well. Claim for Approval of Plan for Augmentation, IncludingExchange. Name of structure to be augmented directly or by exchange: Wolcott Market Well. Water rights to be used foraugmentation: Applicant will apply for a water supply contract with the Colorado River Water Project Enterprise of the ColoradoRiver Water Conservation District (“River District”). Applicant will contract for an amount sufficient to augment all of the out-of-priority depletions associated with diversions from the well, and the contract amount will include an assumed 10% transit lossassociated with the augmentation releases, as is consistent with former decrees of this Ct. Applicant projects that the total out-of-priority depletions to be augmented will be approximately 0.7 AF. Releases will be made from a combination of the River District’sEagle River water rights and Wolford Mountain Reservoir, the descriptions for which follow: Wolford Mountain Reservoir (f/k/a


PAGE 21

Gunsight Pass Reservoir) which has the following water rights: Case No. 87CW283; Dist. Ct., Water Div. No. 5: Decree Date:11/20/89. The dam is located in the SW1/4 NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with theright abutment will occur at a point which bears W. 54degrees54'20" E. a distance of 3,716.46 ft. from the NW Corner of said Sec. 25.Amt.: 59,993 AF conditional; of this amount, 32,986 AF were made absolute for piscatorial and recreational uses by decree entered inWater Ct. Case No. 95CW251. Appropriation Date: 12/14/87. Use: All beneficial uses, including but not limited to domestic,municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with theMunicipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants ofthe River District for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed 3/3/87between the River District and the City and County of Denver. Case No. 95CW281; Dist. Ct., Water Div. No. 5: Decree Date:8/26/97. The dam is located in the SW1/4 NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis(Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), occurs at a point which bears S. 53degrees24'56" E. a distance of3,395.51 ft. from the NW Corner of said Sec. 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75degrees28'29" E. Amt.: 6,000 AF conditional. Appropriation Date: 1/16/95. Use: All beneficial uses by and for the benefit of the inhabitantsof the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational;such uses will include environmental mitigation, including environmental mitigation requirements associated with the WolfordMountain Project; such uses will be made directly or by substitution, augmentation, or exchange. Case No. 98CW237; Dist. Ct.,Water Div. No. 5: Decree Date: 7/6/2000. Legal Description: Same as for 95CW281. Amt.: 30,000 AF conditional with 15,895 AFbeing absolute for recreational and piscatorial and flood control. Appropriation Date: 11/17/98. Use: Certain of the beneficial usespreviously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, Dist. Ct. for Colorado Water Div. No. 5 (11/20/89Judgment and Decree), and Case No. 95CW281, Dist. Ct. for CO Water Div. No. 5 (8/26/97 Judgment and Decree). 87CW283: Thereservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the NorthernColorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, andrecreational uses. All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited todomestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation,including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be madedirectly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to providesupply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, otheroperational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right willnot be used in conjunction with the Reservoir capacity (24,000 AF) which is allocated for the supply of water to the Denver Board ofWater Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocatedfor Colorado River endangered fish releases. Description of plan for augmentation, including exchange: Wolcott Market Well servesan existing inn, three cottages, and a market and grill/restaurant. The well also irrigates 3,000 sq. ft. of lawn and landscape aroundthese facilities. Total diversions for these uses are calculated to be approximately 3.167 AF annually, with an annual consumption ofapproximately 0.567 AF per year. Each domestic and commercial unit is served by an individual sewage disposal system, and theaverage consumptive use depletion of diversions for inside use is 15%. The projected domestic and commercial diversionrequirements are 3.025 AF, and the total annual consumptive use for these uses is therefore 0.454 AF annually. The waterrequirements for irrigation are based on the Blaney-Criddle analysis. The net annual consumptive use is 1.65 AF per acre. Diversionrequirements are based on an 80% irrigation efficiency using sprinkler application. The projected irrigation diversions are 0.142 AFannually, with a projected consumptive use of 0.114 AF annually. A table of the projected diversion requirements and consumptiveuse are set forth as Exhibit B to the Application, on file with the Ct. Augmentation releases are required only when the WolcottMarket Well is out of priority. The anticipated augmentation schedule is set forth in Exhibit C to the Application, on file with the Ct.Applicant also seeks a right of exchange to exchange releases from Wolford Mountain Reservoir up to the Wolcott Market Well. Theexchange reach is from the confluence of the Colorado and Eagle Rivers up the Eagle River to the diversion point for the WolcottMarket Well. The maximum rate of exchange is 30 gpm, and the water exchanged from Wolford Mountain Reservoir to the well shallbe used as described above, and to augment said uses. The date of initiation of appropriation of the exchange is 11/30/2001, the datethis Application was filed. The exchange appropriation was initiated by formation of requisite intent, coupled with actionsmanifesting such intent sufficient to put third parties on notice, including the filing of the Water Ct. application. However, the date ofinitiation of the appropriation of the exchange does not in any manner impair Applicant’s right to divert the Wolcott Market Wellunder the 1935 priority claimed herein. The exchange using Wolford Mountain Reservoir releases will be exercised to address callsoccurring below the confluence of the Eagle and Colorado Rivers. Intervening calls on the Eagle River will be met by releases fromthe Eagle River sources available to the River District. (8 pages)

28. 01CW307 - GRAND COUNTY. Applicants: SilverCreek Water and Sanitation District, c/o Timothy J. Beaton, Richard J.Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782; and SolVista,Inc. (successor to Plaza Resources Company and Silver Creek Holding Company, Inc.), c/o Lori J.M. Satterfield, Balcomb & Green,P.C., P. O. Drawer 790, Glenwood Springs, CO 81602. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TOMAKE CONDITIONAL WATER RIGHT ABSOLUTE. Name of structure: Val Moritz Well Nos. 1 through 4. Description ofconditional water right for which a finding of reasonable diligence is sought: Original decree for Val Moritz Well Nos. 1 through 4:


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August 24, 1973, Case No. W-1748, District Court, Water Division No. 5. Location of structures: Val Moritz Well No. 1: Locatedin the SE¼NW¼ of Section 6, Township 1 North, Range 76 West, of the 6th P.M., at a point 1400 feet south of the north line and 2500feet east of the west line of said Section 6. Val Moritz Well No. 2: Located in the SW¼NE¼ of Section 6, Township 1 North, Range76 West of the 6th P.M., at a point 1400 feet south of the north line and 1900 feet west of the east line of said Section 6. Val MoritzWell No. 3: Located in the SE¼NE¼ of Section 6, Township 1 North, Range 76 West, of the 6th P.M., at a point 1500 feet south ofthe north line and 1000 feet west of the east line of said Section 6. Val Moritz Well No. 4: Located in the SE¼NE¼ of Section 6,Township 1 North, Range 76 West, of the 6th P.M., at a point 1500 feet south of the north line and 300 feet west of the east line of saidSection 6. Source: Alluvium of Ten Mile Creek and the Fraser River, tributary to the Colorado River. Appropriation date:December 28, 1972. Amount: 1.1 cfs (for each well). Uses: Municipal (including domestic, commercial and incidental irrigation),irrigation, recreation, artificial snowmaking and all other beneficial purposes. Depth: 75 feet (for each well). Subsequent diligenceand absolute decrees: Since entry of the original decree on August 24, 1973 in Case No. W-1748 in District Court, Water DivisionNo. 5, diligence decrees for the conditional water rights decreed to Val Moritz Well Nos. 1 through 4 have been applied for andentered in accordance with Colorado law. Each such diligence decree has found that 1.65 cfs was the original amount decreed to ValMoritz Well Nos. 1 through 4 water rights. The decree in Case No. W-1748, however, only awarded a water right in the amount of1.1 cfs for each of Val Moritz Well Nos. 1 through 4. In a decree entered on April 30, 1985 in Case No. 84CW454 in District Court,Water Division No. 5, the water rights decreed to Val Moritz Well Nos. 3 and 4 were each made absolute in the amount of 1.09 cfs.According to that decree, the remaining conditional amounts of 0.56 cfs decreed to Val Moritz Well Nos. 3 and 4 were continued infull force and effect along with the conditional amounts of 1.65 cfs for the water rights decreed to Val Moritz Well Nos. 1 and 2. Thelast two diligence decrees seeking to continue in full force and effect the remaining conditional portions of the water rights decreed toVal Moritz Well Nos. 1 through 4, Case Nos. 88CW419 and 95CW102, were entered on May 15, 1989 and November 21, 1995,respectively, both in the District Court, Water Division No. 5. The decrees entered in Case Nos. 88CW419 and 95CW102 both foundthat there had been reasonable diligence with respect to the 0.56 cfs remaining conditional portion of the water rights decreed to ValMoritz Well Nos. 3 and 4 and with respect to the full 1.65 cfs conditional water rights decreed to Val Moritz Well Nos. 1 and 2.However, based on the original decree entered in Case No. W-1748, 0.01 cfs presently remains conditional with respect to the waterrights decreed to Val Moritz Well Nos. 3 and 4, and 1.1 cfs remains conditional with respect to the water rights decreed to Val MoritzWell Nos. 1 and 2 and these amounts are sought to be continued in full force and effect and/or made absolute in this application.Outline of work and expenditures during the diligence period toward completion of the appropriation and application of water tobeneficial use: Val Moritz Well Nos. 1 through 4 are part of an integrated water system serving the SolVista Resort Development inGrand County. The water system currently serves approximately 170 single-family homes, a 342-room hotel, including restaurant, barand an athletic club, a 21,000 square-foot convention center, a 48-room hotel, approximately 325 condominiums and a ski area baselodge and maintenance/snowmaking building by means of a pipeline and central distribution system. During the diligence period,approximately 125 single-family homes, 115 condominiums and six commercial properties were constructed within the SilverCreekWater and Sanitation District’s boundaries and are currently served by the SilverCreek Water and Sanitation District’s water andsewer system. In August, 1996, an additional .01 cfs of water was diverted through Val Moritz Well No. 3 and, thus, in August, 1996,water was diverted through Val Moritz Well No. 3 at a rate of 1.1 cfs and was applied to beneficial use within the SolVista ResortDevelopment and within developments served by the SilverCreek Water and Sanitation District’s water system. At the current levelof development, Val Moritz Well Nos. 3 and 4 supply the resort’s water requirements. Val Moritz Well Nos. 1 and 2 have beendrilled, cased and screened. Presently, they remain capped. During the diligence period, there have been considerable expendituresfor the maintenance, operation and development of the SilverCreek Water and Sanitation District’s water system, including thestructures and water rights for Val Moritz Well Nos. 1 through 4. Total expenditures on operation and maintenance of the SilverCreekwater system and Val Moritz Well Nos. 1 through 4 from 1996 through 2001 have been approximately $426,314. BetweenNovember, 1995 and the present, the SilverCreek Water and Sanitation District has incurred expenses for water engineering work andwater attorney fees in the amount of approximately $37,147.09. During the diligence period, SolVista, Inc. has spent in excess of$19.5 million to operate the ski area, and has spent in excess of $5 million in capital expenditures relating to the ski area. SolVista,Inc. obtained the Grand County and U.S. Army Corps of Engineers approval for the golf course at the resort; to date, the constructionexpenses are approximately $7.2 million. SolVista, Inc. has obtained Grand County’s approval for construction of an alternate placeof storage for the Lake Val Moritz water right. SolVista, Inc. has spent more than $8.4 million in real estate development, and anadditional $3.5 million for a land exchange. SolVista, Inc. filed the application in Case No. 97CW290, which represents a componentof its integrated water supply plan. It has also participated in a joint filing with the SilverCreek Water and Sanitation District in CaseNo. 98CW97. SolVista, Inc. has incurred substantial engineering and legal fees relating to its water supply development, includingthe development of a comprehensive and updated water operations plan. Another development within the SilverCreek Water andSanitation District (Grand Elk) has expended in excess of $1.3 million in public water and sewer system capital improvements duringthe diligence period. During the diligence period, applicants have also filed an application for finding of reasonable diligence towardthe completion of the appropriation of their right of exchange involving the Val Moritz Wells in Case No. 00CW071. Applicants haveactively monitored the water rights filings of others, and have filed statements of opposition during the diligence period to protect thewater rights decreed to Val Moritz Well Nos. 1 through 4. In all respects, applicants have diligently pursued the completion of theconditional water rights decreed to Val Moritz Well Nos. 1 through 4. If claim to make absolute - water applied to beneficial use:Name of structure: Val Moritz Well No. 3. Date of beneficial use: Beginning August, 1996. Amount: .01 cfs. Uses: Municipal


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(including domestic, commercial and incidental irrigation), irrigation, recreation, artificial snowmaking and all other beneficialpurposes. Description of place of use where water is applied to beneficial use: SolVista Resort Development and developmentsserved by the SilverCreek Water and Sanitation District’s water system. Name and address of owner of land on which structures arelocated: SilverCreek Water and Sanitation District, P. O. Box 4014, Silver Creek, Colorado 80446; SolVista, Inc. (successor to PlazaResources Company and Silver Creek Holding Company, Inc.), c/o Lori J.M. Satterfield, Esq., Balcomb & Green, P.C., P. O. Drawer790, Glenwood Springs, Colorado 81602. WHEREFORE, applicants respectfully request that the Water Court enter a decreedetermining that: (1) applicants have exercised reasonable diligence toward the completion of the appropriation of the water rightdecreed to Val Moritz Well No. 3 and have made absolute an additional .01 cfs of the 1.09 cfs water right decreed absolute to ValMoritz Well No. 3 so that the full 1.1 cfs water right decreed to Val Moritz Well No. 3 is made absolute; and (2) applicants haveexercised reasonable diligence toward the completion of the appropriation of the remaining conditional portions of the water rightsdecreed to Val Moritz Well Nos. 1, 2 and 4 and continuing these remaining conditional water rights in full force and effect for sixyears from the month in which the decree is entered in this case. (8 pages)

29. 99CW250(82CW286) EAGLE COUNTY – SPRING TRIBUTARY TO CASTLE CREEK, TRIBUTARY TO THEEAGLE RIVER. Vernon F. & Nola M. Brock; 2500 Rule Rd., P.O. Box 110; Eagle, CO 81631 970-328-6492; Katherine S. Jones;2600 Rule Rd., 231 Gore Creek Drive; Vail, CO 81657 970-476-5626; Vivian Mannerud; 2505 Rule Rd., P.O. Box 2129; Eagle, CO81631 970-328-0387. Rule Ranch Spring #2 & Rule Ranch Spring #3-Amended Application for Finding of Diligence. Rule RanchSpring #2- Location: Spring is located in the SE1/4NE1/4 of Sec. 16, T. 4S., R. 84W. of the 6th P.M. at a point, whence the SE cornerof said Sec. 16 bears S. 12°40’E. 3,560 ft. Appropriation: November 19, 1884. Amount: 0.066 cfs., conditional. Use: domestic,livestock water and irrigation. Rule Ranch Spring #3 – Spring is located in the NE1/4NE1/4 of Sec. 16, T. 4S., R. 84W. of the 6th P.M.at a point whence the SE corner of said Sec. 16 bears S. 00°41’E. 4, 130 ft. Appropriation: November 19, 1884. Amount: 0.066 cfs.,conditional. Use: domestic, livestock water and irrigation. An outline of activities completed during the diligence period is included inthe application. Name and Address of Owner of Land on Which Structures are Located: State Board of Land Commissioners, 1313Sherman St., Ste. 620, Denver, CO 80203. (4 pages)

30. 00CW112 AMENDED APPLICATION. GRAND COUNTY. POLE CREEK MEADOWS. COMES NOW Applicant,by and through its attorneys, Holder & Ciliberto, P.C., and hereby amends the application filed June 29, 2000 as follows: 1. InParagraph 3(a) of the Application, the Subject Property’s Range was incorrectly stated to be “Range 67.” The correct Range is“Range 76.” 2. Applicant wishes to add to the Subject Property the following: “a portion of the W½ W½ of Section 2, lying South ofHighway 40, Township 1 South, Range 76 West, 6th P.M. All other matters remain the same as shown in the June 2000 resume forWater Division 5. WHEREFOR, Applicant prays that this Court enter a decree for the relief requested in this amended application andfor such further relief as the Court deems proper in the premises. (4 pages)

31. 00CW209 AMENDED APPLICATION OF JAMES L. ROSE IN GARFIELD COUNTY, COLORADO, c/o Billie G.Burchfield, Attorney for Applicant, P. O. Box 475, Parachute, CO 81635, (970) 285-7990; Structure - Parker Reservoir No. 16;Source - West Mamm Crk, trib. to Mamm Crk, trib. to Colo. River; the application is amended to correct the location of saidreservoir from a point 2350 ft so. of the north sec. line and 1200 ft west of the east sec. line of Sec. 22 to a point that is 1800 ft northof the so. sec. line and 1100 ft east of the west sec. line of Sec. 22, T 7 So., R. 93 West of the 6th P.M. and the remainder of theapplication is unchanged. (3 pages)

32. 00CW294 – GRAND COUNTY – Troublesome Formation, Fraser River. Amended Application for UndergroundWater Rights. Applicant: Rendezvous Colorado, LLC, c/o Patrick, Miller & Kropf, P.C., 730 E. Durant Ave., Suite 200, Aspen, CO81611, (970) 920-1028. FIRST CLAIM - Name of structure: Rendezvous Well Field No. 1. The Applicant proposes to develop up to13 wells cumulatively to be located within the Rendezvous Well Fields 1-3, applied for herein, as shown on the map attached asExhibit “A”, on file with the Court. The well field will facilitate the development of a groundwater supply to meet the demands of theRendezvous development in Fraser, Colorado. The well field is within the boundary of the Regis Maryvale Well Field referenced inCase No. 98CW041 and will include thirteen (13) of the sixteen (16) large capacity wells augmented under the Decree in Case No.98CW041. The cumulative maximum diversion from all wells applied for in this application, and, including all wells decreed in CaseNo. 99CW313, shall not to exceed 892.4 acre-feet. The Regis Maryvale Well Field was not decreed with a priority in Case No.98CW041, and this Application seeks to decree priority dates as described herein. So long as Applicant complies with the terms andconditions of this decree, the Applicant asserts that the well field concept will not require the necessity to amend the decree each timea new well location is determined. Legal description of point(s) of diversion: The legal description for Rendezvous Well Field No. 1is on file with the Court as Exhibit “B” and is shown on the map labeled Exhibit “A”, on file with the Court. Source: TroublesomeFormation, tributary to the Fraser River. Appropriation. Date of Appropriation for all wells within the well field: April 6, 1999(Decree date in Case No. 98CW41.) Date water applied to beneficial use: N/A. How appropriation was initiated: Adjudication of Planfor Augmentation in Case No. 98CW41, construction of monitoring holes, monumentation, survey, test hole pumping, formulation ofintent to apply water to beneficial use. Amount claimed: The cumulative amount of water to be withdrawn from all three of the wellfields, applied for herein, including amounts withdrawn under the application in Case No. 99CW313, will not exceed 892.4 acre-feet,


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1600 gpm or 3.57cfs, conditional. The amount tentatively claimed for each well within the well field is up to 0.56 cfs (250 gpm, 400acre-feet per year), conditional. Uses or proposed uses: Domestic, irrigation, commercial, municipal, fire protection purposes, andstorage in Maryvale detention reservoirs. Legal description and acreage of land to be irrigated: Up to 17.0 acres will be irrigatedgenerally within the Rendezvous Colorado, LLC development, located within sections 20, 21, 28, 29 and 30 of T1S, R75W of the 6th

P.M., all in Grand County, including portions of 946 acres, which are described in the attached Exhibit “C”, on file with the Court.Well Permit No.: Wells will be constructed under well permits authorized by the State Engineer pursuant to the Decree in Case No.98CW041. Pursuant to C.R.S., 37-92-302(2), and 37-90-137, Applicant has provided notice to all owners of record of all wells withinsix hundred (600) feet of the proposed well field ten (10) days prior to the filing of this Application. The name and address of theowner of the land upon which the points of diversion are located is: Rendezvous Colorado, LLC, P.O. Box 149, Winter Park, CO80482; the name and address of the owner of the land upon which the place of use of the water is or will be is: Rendezvous Colorado,LLC, P.O. Box 149, Winter Park, CO 80482. SECOND CLAIM - Name of structure: Rendezvous Well Field No. 2. The Applicantproposes to develop up to 13 wells cumulatively to be located within the Rendezvous Well Fields 1-3, applied for herein, as shown onthe map attached as Exhibit “A”, on file with the Court. The well field will facilitate the development of a groundwater supply tomeet the demands of the Rendezvous development in Fraser, Colorado. The well field is within the boundary of the Regis MaryvaleWell Field referenced in Case No. 98CW041 and will include thirteen (13) of the sixteen (16) large capacity wells augmented underthe Decree in Case No. 98CW041. The cumulative maximum diversion from all wells applied for in this application, and, includingall wells decreed in Case No. 99CW313, shall not to exceed 892.4 acre-feet. The Regis Maryvale Well Field was not decreed with apriority in Case No. 98CW041, and this Application seeks to decree priority dates as described herein. So long as Applicant complieswith the terms and conditions of this decree, the Applicant asserts that the well field concept will not require the necessity to amendthe decree each time a new well location is determined. Legal description of point(s) of diversion: The legal description forRendezvous Well Field No. 2 is attached as Exhibit “D”, on file with the Court, and is shown on the map labeled Exhibit “A”, on filewith the Court. Source: Troublesome Formation, tributary to the Fraser River. Appropriation. Date of Appropriation: April 6, 1999(Decree date in Case No. 98CW41.) Date water applied to beneficial use: N/A. How appropriation was initiated: Construction ofmonitoring holes, monumentation, survey, pump testing, formulation of intent to apply water to beneficial use. Amount claimed: Thecumulative amount of water to be withdrawn from all three of the well fields, applied for herein, including amounts withdrawn underthe application in Case No. 99CW313, will not exceed 892.4 acre-feet, 1600 gpm or 3.57 cfs, conditional. The amount tentativelyclaimed for each well within the well field is up to 0.56 cfs (250 gpm, 400 acre-feet per year), conditional. Uses or proposed uses:Domestic, irrigation, commercial, municipal, fire protection purposes, and storage in Maryvale detention reservoirs. Legal descriptionand acreage of land to be irrigated: Up to 17.0 acres will be irrigated generally within the Rendezvous Colorado, LLC development,located within sections 20, 21, 28, 29 and 30 of T1S, R75W of the 6th P.M., all in Grand County, including portions of 946 acres,which are described in the attached Exhibit “C”, on file with the Court. Well Permit No.: Wells will be constructed under well permitsauthorized by the State Engineer pursuant to the Decree in Case No. 98CW041. Pursuant to C.R.S., 37-92-302(2), and 37-90-137,Applicant has provided notice to all owners of record of all wells within six hundred (600) feet of the proposed well field ten (10) daysprior to the filing of this Application. The name and address of the owner of the land upon which the points of diversion are located is:Rendezvous Colorado, LLC, P.O. Box 149, Winter Park, CO 80482; the name and address of the owner of the land upon which theplace of use of the water is or will be is: Rendezvous Colorado, LLC, P.O. Box 149, Winter Park, CO 80482. THIRD CLAIM -Name of structure: Rendezvous Well Field No. 3. The Applicant proposes to develop up to 13 wells cumulatively to be located withinthe Rendezvous Well Fields 1-3, applied for herein, as shown on the map attached as Exhibit “A”, on file with the Court. The wellfield will facilitate the development of a groundwater supply to meet the demands of the proposed Maryvale/Rendezvous property inFraser, Colorado. The well field is within the boundary of the Regis Maryvale Well Field referenced in Case No. 98CW041 and willinclude thirteen (13) of the sixteen (16) large capacity wells augmented under the Decree in Case No. 98CW041. The cumulativemaximum diversion from all wells applied for in this application, and, including all wells decreed in Case No. 99CW313, shall not toexceed 892.4 acre-feet. The Regis Maryvale Well Field was not decreed with a priority in Case No. 98CW041, and this Applicationseeks to decree priority dates as described herein. So long as Applicant complies with the terms and conditions of this decree, theApplicant asserts that the well field concept will not require the necessity to amend the decree each time a new well location isdetermined. Legal description of point(s) of diversion: The legal description for Rendezvous Well Field No. 3 is attached as Exhibit“E”, on file with the Court, and is shown on the map labeled Exhibit “A”, on file with the Court. Source: Troublesome Formation,tributary to the Fraser River. Appropriation. Date of Appropriation: Date water applied to beneficial use: N/A. How appropriation wasinitiated: Adjudication of Plan for Augmentation in Case No. 98CW41, survey and mapping of well filed, and formulation of intent toapply water to beneficial use. Amount claimed: The cumulative amount of water to be withdrawn from all three of the well fields,applied for herein, including amounts withdrawn under the application in Case No. 99CW313, will not exceed 892.4 acre-feet, 1600gpm or 3.57 cfs, conditional. The amount tentatively claimed for each well within the well field is up to 0.56 cfs (250 gpm, 400 acre-feet per year), conditional. Uses or proposed uses: Domestic, irrigation, commercial, municipal, fire protection purposes, and storagein Maryvale detention reservoirs. Legal description and acreage of land to be irrigated: Up to 17.0 acres will be irrigated generallywithin the Rendezvous Colorado, LLC development, located within sections 20, 21, 28, 29 and 30 of T1S, R75W of the 6th P.M., all inGrand County, including portions of 946 acres, which are described in the attached Exhibit “C”, on file with the Court. Well PermitNo.: Wells will be constructed under well permits authorized by the State Engineer pursuant to the Decree in Case No. 98CW041.Pursuant to C.R.S., 37-92-302(2), and 37-90-137, Applicant has provided notice to all owners of record of all wells within six hundred


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(600) feet of the proposed well field ten (10) days prior to the filing of this Application. The name and address of the owner of theland upon which the point of diversion is located is: Rendezvous Colorado, LLC, P.O. Box 149, Winter Park, CO 80482; the nameand address of the owner of the land upon which the place of use of the water is or will be is: Rendezvous Colorado, LLC, P.O. Box149, Winter Park, CO 80482. Remarks applicable to all three well fields: Each of the above described well fields are within theboundaries of the Regis Maryvale Well Field, which was augmented by the decreed plan for augmentation in Case No. 98CW041.Out of priority depletions from all wells in these well fields shall be augmented as provided for in the decree in Case No. 98CW041,and Applicant will obtain well permits prior to construction of and/or operation of the wells applied for in this case. The municipaluses requested in this Application shall not be used except by any Colorado Special Districts formed by Applicant and/or pursuant toApplicant’s agreement with the Town of Fraser. The Applicant will develop all wells in the above referenced well fields in accordancewith the State Engineer’s Policy respecting well fields, Policy Memorandum 99-1. Consideration of this Application shall not beconstrued in any way to re-open or re-consider any findings or conclusions made by the Court in Case No. 98CW41. (28 pages) 33. 01CW35 GARFIELD COUNTY, Elizabeth Armstrong and Michelle Alford, 621 W. Francis, #B, Aspen, CO 81611 (970)920-3927. Shane J. Harvey, Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611 (970-925-3476). APPLICATION FORWATER RIGHTS; Name of Structure and Point of Diversion: Zoolittle Ditch, beginning at the NW corner of Sec. 25, T5S, R90W ofthe 6th P.M., thence S 00° 10’ 59” E 975.34 feet, thence N 88° 51’ 39” E 1300 feet to the west bank of Canyon Creek. Source:Canyon Creek, tributary to the Colorado River. Initiation of appropriation: October 6, 2000, by field investigation, review ofirrigation needs, and formulation of intent to appropriate sufficient waters to irrigate Applicants’ property. Amount claimed: 0.1 c.f.s.,conditional. Use or proposed use: irrigation. Proposed to be irrigated: 1.5 acres of lawn and garden. Legal description of acreage:1.5 acres of a portion of land situated in the NE ¼ NW ¼, NW ¼ NW ¼, and the SW ¼ NW ¼ of Sec. 25, T.5S., R.90W. of the 6th

P.M. Owner: Applicant (address above). (5 pages)

34. 01CW126 RIO BLANCO COUNTY – WHITE RIVER. Terry Smalec; 873 County Road 101; Rangely, CO 81648 970-675-2355. Smalec Pump Site – Amended Application for Water Rights(Surface). Location: Smalec Pump site bears S61°07’12”E2399.63’ from West ¼ corner of Sec. 31, T. 2N., R101W., 6th P.M. Pump is 1570.88’ from south section and 2141.60’ from Westsection line. Pump is located in the NE1/4SW1/4 of Sec. 31, T.2N., R.101W., 6th P.M.. Appropriation: March 2, 2000. Amount: 0.2cfs, absolute. Use: irrigation, watering of livestock. (2 pages)

35. 01CW255(95CW144)EAGLE COUNTY – ALLUVIUM FORMATION TRIBUTARY TO SALT CREEK,TRIBUTARY TO BRUSH CREEK, TRIBUTARY TO EAGLE RIVER. William G. Wright & Bethe A. Halbrook-Wright; P.O.Box 841; Eagle, CO 81631 970-328-7163. Overend Well and Overend Pond – Amended Application for Finding of Diligence.Overend Well – Location: The Overend Well is located at a point whence the NE corner of Sec. 25, T. 5S., R. 84W., of the 6th P.M.bears N86°26’57” East a distance of 1,832.3 ft. Overend Pond – Location: The Overend Pond is located at a point whence the NEcorner of Sec. 25, T. 5S., R. 84W., of the 6th P.M. bears N87°15’14” East of distance of 1839.9 ft. Appropriation: April 17, 1995.Amount: 15.0 gpm., conditional. Use: Domestic uses for 3 single family dwellings and irrigation of 1 acre of lawn and garden. Adetailed outline of work completed during the diligence period is included in this application. (2 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2002 to file with the Water Clerk inquadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted orwhy it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon theapplicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, asprescribed by Rule 5, CRCP. (Filing Fee: $45.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104Glenwood Springs, CO 81601.

pursuant to c.r.s., §37-92-302, as amended, you are … · 2010-01-07 · pursuant to c.r.s.,...

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