DIVISION 5 WATER COURT – JULY 2009 RESUME · division 5 water court – june 2009 resume ....
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DIVISION 5 WATER COURT – JUNE 2009 RESUME SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE-ORDER OF APRIL 23, 2009- CONCERNING THE FILING OF WHITE RIVER DRAINAGE BASIN WATER COURT APPLICATIONS ON AND AFTER AUGUST 5, 2009, PURSUANT TO C.R.S. § 37-92-201(1), COLORADO RULE OF CIVIL PROCEDURE 90, AND RULE 2 OF THE UNIFORM LOCAL RULES FOR ALL WATER COURT DIVISIONS Senate Bill 09-15, to be codified at C.R.S. § 37-92-201(1), with an effective date of August 5, 2009, places the White River Drainage Basin within the authorities of the water court and the division engineer for Water Division No. 6. Thus, on and after August 5, 2009, the proper filing venue for all White River Drainage Basin applications and subsequent documents is Water Division No. 6. Under the prior statutory provision, venue for White River Drainage Basin applications has been in Water Division No. 5. Revised Water Court Rule 2 of the Uniform Local Rules for All Water Court Divisions, with an effective date of July 1, 2009, requires counsel for applicants and opposers to file and serve applications and all subsequent documents through the approved judicial branch e-filing service provider. Rule 2 also provides that applicants and opposers without counsel shall file a single copy of the application and all subsequent documents in original paper format, and the water clerk shall scan and upload such paper-filed documents to the approved judicial branch e-filing system. On and after August 5, 2009, the Water Clerk for Water Division No. 6 shall accept for filing and publication all White River Drainage Basin applications, and subsequent documents in the case, filed in Water Division No. 6. On and after August 5, 2009, the Water Clerk for Water Division No. 5 shall not accept for filing and publication any White River Drainage Basin applications attempted to be filed in Water Division No. 5. The Water Clerk for Water Division No. 5 shall issue pre-cancellation notices pursuant to C.R.S. § 37-92-305(7) for all White River Drainage Basin applications filed prior to August 5, 2009 that are subject to future findings of reasonable diligence. The pre- cancellation notices shall direct applicants to file applications for findings of reasonable diligence in Water Division No. 6. The Water Clerk for Water Division No. 5 shall make available to the Water Court for Water Division No. 6 all prior cases that pertain to the diligence applications upon the issuance of the pre-cancellation notice. To help alert White River Drainage Basin applicants and their attorneys regarding these statutory and rule revisions, the water clerks for Water Divisions No. 5 and No. 6 shall publish this order in the May through August 2009 full resumes of applications for both divisions. Dated this Twenty-Third Day of April, 2009.___/s/ Mary J. Mullarkey Mary J. Mullarkey/Chief Justice 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW52 GRAND COUNTY- GLACIAL MORAINE TRIBUTARY TO RANCH CREEK. Cecil & Martha Williams; P.O. Box 627; Fraser, CO 80442 (970)726-5673. Williams Well No. 1-Application for Underground Water Right. Location: SE¼NE¼ of Sec. 5, T.1S, R.75W. of the 6 th P.M. 1,480 ft. from the north sec. line and 700 ft. from the east sec. line. Appropriation: Oct. 10, 1980. Amount: 10 gpm, absolute. Use: household use only. Disposal system is septic tank and leach field. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW53 GARFIELD COUNTY-COLORADO RIVER. David Lawson; 12091 C.R. 320; Rifle, CO 81650 (970)625-3915. Anderson Spring No. 1, No. 2 and No. 3 -Application for Water Rights (Surface). Anderson Spring No. 1 : NE¼NE¼ of Sec. 20, T.6S, R.93W. of the 6 th P.M. 47 ft. from the south sec. line and 5,498.35 ft. from west sec. line. Anderson Spring No. 2 : NE¼NE¼ of Sec. 20, T.6S, R.93W. of the 6 th P.M. 31.33 ft. from the south sec. line and 5,458.48 ft. from west sec. line. Anderson Spring No. 3 : NE¼NE¼ of Sec. 20, T.6S, R.93W. of the 6 th P.M. 03.28 ft. from the south sec. line and 4,950.46 ft. from west sec. line. Appropriation for all structures: Jan. 1, 2009. Amount: Anderson Spring No. 1- 0.05 cfs, absolute; Anderson Spring No. 2- 0.03 cfs, absolute and Anderson Spring No. 3- 0.02 cfs, absolute. Uses for all structures: irrigation, livestock water and fire protection. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as
Transcript of DIVISION 5 WATER COURT – JULY 2009 RESUME · division 5 water court – june 2009 resume ....
DIVISION 5 WATER COURT – JUNE 2009 RESUME SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE-ORDER OF APRIL 23, 2009-CONCERNING THE FILING OF WHITE RIVER DRAINAGE BASIN WATER COURT APPLICATIONS ON AND AFTER AUGUST 5, 2009, PURSUANT TO C.R.S. § 37-92-201(1), COLORADO RULE OF CIVIL PROCEDURE 90, AND RULE 2 OF THE UNIFORM LOCAL RULES FOR ALL WATER COURT DIVISIONS Senate Bill 09-15, to be codified at C.R.S. § 37-92-201(1), with an effective date of August 5, 2009, places the White River Drainage Basin within the authorities of the water court and the division engineer for Water Division No. 6. Thus, on and after August 5, 2009, the proper filing venue for all White River Drainage Basin applications and subsequent documents is Water Division No. 6. Under the prior statutory provision, venue for White River Drainage Basin applications has been in Water Division No. 5. Revised Water Court Rule 2 of the Uniform Local Rules for All Water Court Divisions, with an effective date of July 1, 2009, requires counsel for applicants and opposers to file and serve applications and all subsequent documents through the approved judicial branch e-filing service provider. Rule 2 also provides that applicants and opposers without counsel shall file a single copy of the application and all subsequent documents in original paper format, and the water clerk shall scan and upload such paper-filed documents to the approved judicial branch e-filing system. On and after August 5, 2009, the Water Clerk for Water Division No. 6 shall accept for filing and publication all White River Drainage Basin applications, and subsequent documents in the case, filed in Water Division No. 6. On and after August 5, 2009, the Water Clerk for Water Division No. 5 shall not accept for filing and publication any White River Drainage Basin applications attempted to be filed in Water Division No. 5. The Water Clerk for Water Division No. 5 shall issue pre-cancellation notices pursuant to C.R.S. § 37-92-305(7) for all White River Drainage Basin applications filed prior to August 5, 2009 that are subject to future findings of reasonable diligence. The pre-cancellation notices shall direct applicants to file applications for findings of reasonable diligence in Water Division No. 6. The Water Clerk for Water Division No. 5 shall make available to the Water Court for Water Division No. 6 all prior cases that pertain to the diligence applications upon the issuance of the pre-cancellation notice. To help alert White River Drainage Basin applicants and their attorneys regarding these statutory and rule revisions, the water clerks for Water Divisions No. 5 and No. 6 shall publish this order in the May through August 2009 full resumes of applications for both divisions. Dated this Twenty-Third Day of April, 2009.___/s/ Mary J. Mullarkey Mary J. Mullarkey/Chief Justice 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW52 GRAND COUNTY- GLACIAL MORAINE TRIBUTARY TO RANCH CREEK. Cecil & Martha Williams; P.O. Box 627; Fraser, CO 80442 (970)726-5673. Williams Well No. 1-Application for Underground Water Right. Location: SE¼NE¼ of Sec. 5, T.1S, R.75W. of the 6th P.M. 1,480 ft. from the north sec. line and 700 ft. from the east sec. line. Appropriation: Oct. 10, 1980. Amount: 10 gpm, absolute. Use: household use only. Disposal system is septic tank and leach field. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW53 GARFIELD COUNTY-COLORADO RIVER. David Lawson; 12091 C.R. 320; Rifle, CO 81650 (970)625-3915. Anderson Spring No. 1, No. 2 and No. 3 -Application for Water Rights (Surface). Anderson Spring No. 1: NE¼NE¼ of Sec. 20, T.6S, R.93W. of the 6th P.M. 47 ft. from the south sec. line and 5,498.35 ft. from west sec. line. Anderson Spring No. 2: NE¼NE¼ of Sec. 20, T.6S, R.93W. of the 6th P.M. 31.33 ft. from the south sec. line and 5,458.48 ft. from west sec. line. Anderson Spring No. 3: NE¼NE¼ of Sec. 20, T.6S, R.93W. of the 6th P.M. 03.28 ft. from the south sec. line and 4,950.46 ft. from west sec. line. Appropriation for all structures: Jan. 1, 2009. Amount: Anderson Spring No. 1- 0.05 cfs, absolute; Anderson Spring No. 2- 0.03 cfs, absolute and Anderson Spring No. 3- 0.02 cfs, absolute. Uses for all structures: irrigation, livestock water and fire protection. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as
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prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW54 SUMMIT COUNTY, BLUE RIVER. Application for Finding of Reasonable Diligence and to Make Conditional Water Rights Absolute. Martin V. Getz & Jeanne J. Getz, c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, LLP, 932 Cooper Ave, GWS, CO, 81601, (970) 945-8659. Structure: Getz Well No. 1; Original Decree: 02CW139, 6/9/2003, District Court, Water Division No. 5; Legal description: SE¼SW¼ Sec 6, T 6 S, R 77 W, 6th P.M., at a point which is approx. 465 ft N of S sec line & approx. 3,125 ft W of E sec line. Well is located within 100 ft of the Blue River; Source: Alluvial groundwater trib to Blue River; Depth: 60 ft; Appropriation date: 2/1/2002; Amount: 0.033 cfs (15 gpm), conditional; Uses: Domestic, irrigation, stockwatering & storage for subsequent use for augmentation; Structure: Getz Pond; Original Decree: 02CW139, 6/9/2003, District Court, Water Division No. 5; Legal Description: The center of the pond is located in the SE¼SW¼, Sec 6, T 6 S, R 77 W, 6th P.M., at a point approx. 140 ft N of S Sec line & approx. 3,030 ft W of E Sec line of Sec 6; Source: Alluvial groundwater trib to the Blue River pumped from Getz Well No. 1; Amount claimed: 1.25 af, conditional, with the right to fill & refill in priority. The max rate of fill is 0.033 c.f.s.; Appropriation Date: 2/1/2002; Uses: Augmentation, recreation & piscatorial purposes; Claim to make water rights absolute: Getz Well No. 1; Date of beneficial use: 6/1/2005; Amount: 0.033 cfs (15 gpm); Uses: Domestic, irrigation, & storage for augmentation; Getz Pond; Applied to beneficial use: 6/1/2005; Amount: 1.25 af; Uses: Augmentation, recreation & piscatorial purposes. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW55 Pitkin County, Colorado Source: Nickelson Creek, tributary to Capitol Creek, tributary to Snowmass Creek, tributary to the Roaring Fork River. Application of Nickelson Creek Ranch Co., LP, for Finding of Reasonable Diligence. Counsel: Sara Dunn, Balcomb & Green, PC, PO Drawer 790, Glenwood Springs, CO 81602 (970)945-6546. Name of structure: Nickelson Creek Ditch No. 1. Decreed 4/9/1985 in 84CW381, Garfield Cty Dist Ct, Div 5. Subsequent diligence: 89CW22, decreed 6/21/1989; 95CW71, decreed 11/15/1995. The original decree and subsequent findings of diligence were amended to correct the legal description on 2/11/1997 and 3/24/1997. Legal description: diversion located NE1/4 NE1/4 Sec. 36, T9S, R87W 6PM at point whence the NE corner of Sec. 36 bears N 39 deg. 30’ E 600 ft. Uses: dom. and hydro-electric power generation. Approp. date: 11/21/1984. Amt: 1.0 cfs, cond. A full description of Applicant’s diligence activities is contained within the application on file with the court. Applicant owns the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The Nickelson Ditch No. 1 is part of an integrated water supply for Applicant’s property. CRS37-92-301(4)(b). (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW56 CONCERNING THE APPLICATION FOR STORAGE RIGHTS OF DAYBREAK REALTY, LLC; IN GARFIELD COUNTY; Attorney: Mark N. Williams, P.C., 2754 Compass Drive, Suite 130; Grand Junction, CO 81506; (970) 242-2111; fax: (970) 242-8466; E-mail: [email protected]; Atty. Reg. #: 10753; Applicant: Daybreak Realty, LLC, 400 Panamint Road, Reno, NV 89521, [email protected], 408-391-7473; Name of Reservoir: Upper Pond; legal description of dam: Garfield County, NE¼ of the NW¼, Sect 30, T 7S; R 95W; 6th P.M.; 962 ft from N and 2040 ft from W; Source: Runoff as well as Number One Ditch water from Dry Creek tributary to Colorado River; Name of ditch to fill reservoir: Number One Ditch (ID 708); 3.86 cfs; Legal Description of the Point of Diversion: Garfield County, SE¼ of the SE¼, Sect 30, T 7S, R 95W, 6th P.M.; 330 ft from S and 330 ft from E; Date of
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appropriation: April 15, 2006; by engineering and design activities; Pond is not yet constructed; Amount claimed: 2.55 acre-ft conditional; If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 1.25 cfs; Use: Store and supply water to the Fire Pond; Surface area: 15,708 sq. ft.; height of dam: 9.5 ft.; Length of dam: 250 ft.; capacity of reservoir in acre-ft: 2.55; Active capacity: 2.55; Dead storage: 0; Name of Reservoir: Fire Pond; Legal description of dam: Garfield County, SE¼ of the SW¼ , Sect 19, T 7S, R 95W, 6th P.M.; 1073 ft from S and 1372 ft from W; Source: Runoff as well as flows in an unnamed tributary which is tributary to unnamed tributary which is tributary to the Colorado River as well as Number One Ditch water from Dry Creek which is tributary to the Colorado River as well as discharges from the Upper Pond described above; date of appropriation: April 15, 2006; by engineering and design activities; Pond is not yet constructed; amount claimed: 0.31 acre-ft Conditional; use: Storage of a least 0.15 acre-ft (50,000 gallons) for fire protection as well as for landscape in the park; surface area of high water line: 5,973 sq. ft; vertical height of dam: 9.5 ft; length of dam: 114 ft; capacity of reservoir in acre-ft: 0.31; active capacity: 0.31; dead storage: 0; Applicant is the owner of the land upon where new storage structures will be constructed and upon which water will be stored. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW57-GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDING OF DUE DILIGENCE, CONCERNING THE APPLICATION FOR WATER RIGHTS OF DOUGLAS CERISE RANCH COMPANY, 1234 Cty. Rd. 105, Carbondale, CO 81623, with a copy to Christina R. Sloan, 76 S. Main St., Ste. 1, Moab, UT 84532, 970.309.2995. Name of structures: Cerise Pond No. 1 (Pond), Douglas Cerise Well No. 1 (Well). Description of Water Right: Date of Original Decree: April 11, 1988, Case No. 86CW008, Water Div. No. 5, Colorado; Legal description: Location of headgate of outlet of Cerise Pond No. 1: Sec. 24, T 7 S, R 88 W of 6th P.M., 800 ft. from East Sec. line and 1,500 ft. from the North Sec. line of said Sec. 24. Location of the Douglas Cerise Well No.1: Sec. 24, T 7 S, R 88 W of 6th P.M., 100 ft. from the North Sec. line and 100 ft. from the East Sec. line of said Sec. 24. Source: All are tributary to Roaring Fork River, tributary to Colorado River. Appropriation Date, Amount and Use: Cerise Pond No. 1 (50% interest), October 1, 1985, 4.4 AF, of which 2.2 AF is the subject of application. Douglas Cerise Well No. 1, October 1, 1985, 25 gpm. Use: Municipal, commercial, livestock. Depth: N/A. The application contains a detailed description of work done toward completion of appropriation, including expenditures exceeding $11,485 in maintenance, planning, and legal fees. Names and address of owner of the land upon which any new diversion or storage structure will be constructed or upon which water will be stored: Applicant, at address listed above. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW58 PITKIN COUNTY, Application for Finding of Reasonable Diligence. Name, address and telephone number of Applicant: Paul Spencer, 5000 Bear Ridge Rd, Basalt, CO 81621, With a copy to: SHERRY A. CALOIA, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601, (970) 945-6067. Name of structure: Niki Springs No. 1, Date of original decree: June 2003, Case No. 01CW172, District Court, Water Div. 5. Location: SW ¼ SW ¼ Sec 36, T 8 S, R 87 W of the 6th P.M., at a point 1320 feet north of the south sec line and 1320 feet east of the west sec line of Sec 36. Source: groundwater trib to East Sopris Creek, trib to Sopris Creek, trib to the Roaring Fork River, trib to the Colorado River. Approp. date: July 24, 2001. Amount: 0.033 c.f.s. Decreed Uses: livestock watering, in place watering and enhancement of wildlife adjacent to Niki Pond, fire protection, filling of Niki Pond for all purposes described herein as well as the re-filling of the Niki Pond one time each year. Name of structure: Niki Pond. Original Decree: see info for Niki Springs No. 1. Location: SW ¼ SW ¼ Sec 36, T 8 S, R 87 W of the 6th P.M., with the dam at a point 1200 feet north of the south sec line and 900 feet east of the west sec line of Sec 36. Source: Niki Springs No. 1 described herein. Approp date: July 24, 2001. Amount: 2 acre-feet. Decreed Uses: livestock watering, in place watering and enhancement of wildlife adjacent to Niki Pond, fire protection. Additional info: This Pond has a right to re-fill one time each year. The Application contains a detailed outline of work done toward completion of the appropriation (4 pages).
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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW59 - CLIMAX MOLYBDENUM COMPANY, c/o Mr. Bryce Romig, Henderson Mine, Empire, Colorado 80438; telephone: (303) 271-0107 (Brian M. Nazarenus, Esq., Olivia D. Lucas, Esq., Ryley Carlock & Applewhite, 1999 Broadway, Suite 1800, Denver, Colorado 80202, Telephone: (303) 863-7500)Application For A Finding Of Reasonable Diligence GRAND COUNTY 2. Remarks: Climax is the owner of the Henderson Mine and Mill. The Henderson Mine is generally located beneath the Continental Divide in Clear Creek and Grand Counties. The Henderson Mill is located in the Williams Fork River basin in Grand County. Molybdenum ore is mined at the Henderson Mine and conveyed to the Henderson Mill via a 14.6 mile long conveyance mechanism, 9.6 miles of which are located underground. At the Henderson Mill, the ore is milled, processed, and refined; water is an integral component of these processes. Climax owns a number of rights in the Williams Fork River basin, including water rights on Lost Creek, Mule Creek, Skylark Creek, and Battle Creek (collectively, the “Skylark Ranch Water Rights”). In Consolidated Case Nos. 1996CW3681 and 1996CW3682, Water Division 5 (consolidated into Case No. 1996CW3681), the Skylark Ranch Water Rights were changed from agricultural use to, among other uses, use as sources of substitute supply for a number of exchanges decreed in Case No. 1996CW3681 (the “Skylark Exchanges”). The instant application seeks a finding of reasonable diligence for the Skylark Exchanges decreed in Case No. 1996CW3861. 3. Description of Conditional Rights of Exchange: Five different exchanges were decreed in Case No. 1996CW3681. This section provides the legal description of the end points of those exchanges and then describes each exchange. 3.1 Description of End Points and Substitute Supplies Involved in the Exchanges 3.1.1 Lower End Points of Exchange Reaches. 3.1.1.1 Confluence of Skylark Creek with Williams Fork River. The Confluence of Skylark Creek with the Williams Fork River is located in the Southwest ¼ of the Northwest ¼ of Section 17, Township 1 South, Range 78 West of the 6th P.M., Grand County, Colorado. 3.1.1.2 Williams Fork Reservoir. Williams Fork Reservoir dam is located in the North ½ of the Southeast ¼ of Section 23, Township 1 North, Range 79 West of the 6th P.M., Grand County, Colorado. 3.1.1.3 East Branch Flood Bypass Pipeline. The East Branch Flood Bypass Pipeline is located at a point whence the Southeast corner of Section 36, Township 2 South, Range 78 West of the 6th P.M., bears South 14̊40' East a distance of 13,460 feet. 3.1.2 Upper End Points of Exchange Reaches. 3.1.2.1 The Henderson Mill Water System. The Henderson Mill Water System is an integrated water system comprised of the following intakes. Exchanged water may be diverted into these intake points singularly or in combination: 3.1.2.1.1 Intake 1 - Williams Fork Pipeline. The Williams Fork Pump Station is located on the Williams Fork River in the Northeast ¼ of the Southeast ¼ of Section 25, Township 2 South, Range 78 West, 6th P.M., Grand County, Colorado. From the pump station, water may be diverted (a) directly to the Henderson Mill system for use in industrial processes or (b) to the East Branch Reservoir, Lost Creek Reservoir, Ute Creek Reservoir and/or the Henderson Mill Tailings Pond for storage. 3.1.2.1.2 Intake 2 - Henderson Mill Potable Water Pipeline. The Henderson Mill Potable Water Pipeline is located at a point whence the Southeast Corner of Section 36, Township 2 South, Range 78 West of the 6th P.M., bears South 61̊48'41" East a distance of 9,407.35 feet. 3.1.2.1.3 Intake 3 - Ute Creek Pipeline. The headgate of the Ute Creek Pipeline is located at a point whence the Southeast Corner of Section 36, Township 2 South, Range 78 West of the 6th P.M., bears South 61̊54'25" East a distance of 9,341.93 feet. 3.1.2.1.4 Intake 4 - Lower Ute Creek Intake. The Lower Ute Creek Intake is located at a point whence the Southeast Corner of Section 36, Township 2 South, Range 78 West of the 6th P.M., bears South 53̊10" East a distance of 7,854.93 feet. 3.1.2.1.5 Intake 5 - Lost Creek Intake. The point of diversion of the Lost Creek Intake is at the Lost Creek Pump Station, to be located at a point whence the Northeast Corner of Section 32, Township 1 South, Range 78 West of the 6th P.M., bears North 4̊10' East a distance of 8,700 feet, at the outlet works of the Lost Creek Dam. 3.1.2.1.6 Intake 6 - Lost Creek Reservoir. Lost Creek Reservoir presently consists of a partially constructed dam (outlet works only). The right abutment of the dam axis is to be located at a point whence the Northeast corner of Section 32, Township 1 South, Range 78 West of the 6th P.M., bears North 1̊10' East a distance of 9,420 feet. 3.1.2.1.7 Intake 7 - East Branch Reservoir. The right abutment of the dam axis of East Branch Reservoir is located at a point whence the Southeast Corner of Section 36, Township 2 South, Range 78 West, 6th P.M., bears South 38̊01'56" East a distance of 7,825.77 feet. 3.1.2.1.8 Intake 8 - Ute Creek Reservoir. The right abutment of the dam axis of Ute Creek Reservoir is located at a point whence the Southeast Corner of Section 36, Township 2 South, Range 78 West, 6th P.M., bears South 61̊58'37" East a distance of 9,278.92 feet. 3.1.2.2 The Henderson Tunnel Pipeline. The Henderson Tunnel Pipeline will begin at or near the West Portal of the Henderson Haulage Tunnel, located in the Northwest ¼ of the Northwest ¼ of Section 16, Township 3 South, Range 77 West, 6th P.M., Grand County, Colorado. Water delivered to the Henderson Tunnel Pipeline will be conveyed by the pipeline through the Henderson Haulage Tunnel and pumped through mine shafts in the Henderson Mine to Woods Creek, a tributary of Clear Creek, for delivery to the City of Golden pursuant to the April 4, 1978 agreement between Climax’s parent company at the time, AMAX, and the City of Golden. There are three proposed intakes for the Henderson Tunnel
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Pipeline: 3.1.2.2.1 Intake 1 - Darling Creek Intake. The Darling Creek Intake is located in the West ½ of the Southwest ¼ of Section 9, Township 3 South, Range 77 West of the 6th P.M. 3.1.2.2.2 Intake 2 - Williams Fork Intake. The Williams Fork Intake is located in the Northwest ¼ of the Northwest ¼ of Section 16, Township 3 South, Range 77 West of the 6th P.M. 3.1.2.2.3. Intake 3 - South Fork Intake. The South Fork Intake is located in the Southeast ¼ of the Southeast ¼ of Section 8, Township 3 South, Range 77 West of the 6th P.M. 3.1.3 Sources of Substitute Supply. The Skylark Exchanges utilize the Skylark Ranch Water Rights, as changed in Case No. 96CW3681 for use as sources of substitution, augmentation, and exchange. The Skylark Ranch Water Rights are as described in Table 1, below.
TABLE 1
STRUCTURE
CIV ACT # (GRAND CTY DIST CT)
ADJUD DATE
APPROP DATE
SOURCE
AMOUNT
DECREED POINT OF DIVERSION
LOST CREEK WATER RIGHTS Gervens No. 1 Ditch
183
8/03/11
6/02/1902
Lost Creek
2.000 cfs
The north bank of Lost Creek at a point whence the NW corner, Sec 33, T1S, R78W, 6th PM, bears N 43̊ W 2,820 ft
Gervens No. 2 Ditch
183
8/03/11
9/30/1904
Lost Creek
1.375 cfs
The left bank of Lost Creek at a point whence the SW corner of Sec 33, T1S, R78W, 6th PM, bears S 35̊2' W 1,146 ft
Lost Creek Ditch
183
8/03/11
9/16/1908
Lost Creek
8.000 cfs
The west bank of Lost Creek at a point whence the NW corner, Sec 17, T2S, R78W, 6th PM, bears N 40̊14' W 3,887 ft
Gervens No. 2 Ditch
259
3/18/16
9/30/1904
Lost Creek
1.125 cfs
The left bank of Lost Creek at a point whence the SW corner of Sec 33, T1S, R78W, 6th PM, bears S 35̊2' W 1,146 ft
MULE CREEK WATER RIGHTS B.W. Field Mule Creek No. 1 Ditch
183
8/03/11
5/31/1889
Mule Creek
2.500 cfs
The west bank of the W fork of Mule Creek at a point whence the NW corner, Sec 8, T2S, R78W, 6th PM, bears N 12 ̊ 50' E 2,770 ft
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John Shore Ditch
183
8/03/11
10/01/1888
Mule Creek
2.500 cfs
The north bank of Mule Creek at a point whence the NW corner of the NE 1/4 of Sec 32, T1S, R78W, 6th PM, bears S 37̊ E 3,920 ft. Transferred to the John Shore #1 headgate
John Shore #1 Ditch
183
8/03/11
6/30/1890
Mule Creek
2.000 cfs
The north bank of Mule Creek at a point whence the SE corner of the NE 1/4 of Sec 32, T1S, R78W, 6th PM, bears S 25̊ E 2,200 ft.
Burtcher Ditch
183
8/03/11
12/31/1897
Mule Creek
2.500 cfs
The west bank of Mule Creek at a point whence the SW corner, Sec 32, T1S, R78W, 6th PM, bears N 65̊ W 1,950 ft
B.W. Field Mule Creek No. 2 Ditch
183
8/03/11
7/15/1908
Mule Creek
1.000 cfs
At a point whence the SW corner, Sec 8, T2S, R78W, 6th PM, bears S 13̊34' E 1,469 ft. Now diverted at the Burtcher Ditch headgate described above
SKYLARK CREEK WATER RIGHTS F.A. Field Ditch
112
8/03/06
5/15/1889
Skylark Creek
3.250 cfs
The west bank of Skylark Creek at a point whence the SW corner, Sec 31, T1S, R78W, 6th PM, bears S 16̊30' W 1,237.5 ft
Scholl Ditch
183
8/03/11
12/01/1887
Skylark Creek
1.500 cfs
The west bank of Skylark Creek at a point whence the quarter corner between Sec 19 and Sec 30, T1S, R78W, 6th PM, bears N 3̊12' E 2,640 ft
Williams Ditch
183
8/03/11
5/20/1888
Skylark Creek
3.000 cfs
The west bank of Skylark Creek at a point whence the quarter corner between Sec 30 and Sec 31, T1S, R78W, 6th PM, bears N 13̊5' W 2,150 ft
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Skylark Reservoir
183
8/03/11
12/31/1903
Skylark Creek
12.23 acre-ft Climax owns ½ of the interest in this water right
The headgate of the feeder canal is located on Skylark Creek at a point whence the quarter corner between Sec 30 and Sec 31, T1S, R78W, 6th PM, bears N 40 ̊ W 1,070 ft
McCandliss Ditch
356
7/12/19
7/26/1917
Skylark Creek
1.500 cfs
The east bank of Skylark Creek at a point whence the SW corner of Sec 31, T1S, R78W, 6th PM, bears S 74̊29' W 93.4 ft
North Skylark Ditch
814
11/11/52
6/01/1913
North Fork of Skylark Creek
3.000 cfs
The left bank of North Skylark Creek at a point whence the NE corner, Sec 1, T2S, R79W, 6th PM, bears N 54̊25' E 3,053 ft
South Skylark Ditch
814
11/11/52
8/01/1949
South Fork of Skylark Creek
1.500 cfs
The right or east bank of South Skylark Creek at a point whence the NE corner, Sec 1, T2S, R79W, 6th PM, bears N 29̊45' E 2,066 ft
BATTLE CREEK WATER RIGHTS Langholen #4 Ditch
183
8/03/11
9/30/1889
Battle Creek
1.125 cfs
The west bank of Battle Creek at a point whence the quarter corner between Sec 24 (Sec 25) and Sec 26, T1S, R79W, 6th PM, bears S 74̊30' W 645 ft
Langholen #3 Ditch
183
8/03/11
9/30/1889
Battle Creek
1.250 cfs
The north bank of Battle Creek at a point whence the quarter corner between Sec 26 and Sec 27, T1S, R79W, 6th PM, bears S 74̊40' W 2,217 ft
Langholen #2 Ditch
183
8/03/11
7/01/1890
Battle Creek
1.250 cfs
The south bank of Battle Creek at a point whence the quarter corner between Sec 26 and Sec 27, T1S, R79W, 6th PM, bears N 19̊ W 205 ft
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Langholen #1 Ditch
183
8/03/11
7/31/1890
Battle Creek
1.250 cfs
The north bank of Battle Creek at a point whence the quarter corner between Sec 26 and Sec 27, T1S, R79W, 6th PM, bears S 1̊15' W 280 ft
Shore #1 Ditch
183
8/03/11
7/31/1890
Battle Creek (The decree erroneously shows Mule Creek)
2.000 cfs
The left bank of Battle Creek at a point whence the E quarter corner of Sec 27, T1S, R79W, 6th PM, bears N 78̊ (68̊?) 15' E 4,143 ft
Shore #2 & #3 Ditch
183
8/03/11
4/20/1908
Battle Creek
2.000 cfs (Combined diversion not to exceed 2.000 cfs)
The right bank of north fork of Battle Creek at a point whence the E quarter corner of Sec 27, T1S, R79W, 6th PM, bears N 70̊30' E 2,213 ft
Buehler #1 Ditch
304
8/11/17
12/31/1905
Battle Creek
0.500 cfs
The north bank of the middle fork of Battle Creek at a point whence the E quarter corner of Sec 27, T1S, R79W, 6th PM, bears N 48̊12' E 3,093 ft
Buehler #2 Ditch
304
8/11/17
12/31/1913
Battle Creek
0.500 cfs
The east bank of the south branch of the middle fork of Battle Creek at a point whence the E quarter corner of Sec 27, T1S, R79W, 6th PM, bears N 44̊45' E 3,801 ft
Buehler #3 Ditch
304
8/11/17
12/31/1913
Battle Creek
0.500 cfs
The west bank of the south branch of the middle fork of Battle Creek at a point whence the E quarter corner of Sec 27, T1S, R79W, 6th PM, bears N 35̊27' E 4,850 ft
Buehler #4 Ditch
304
8/11/17
12/31/1913
Battle Creek
0.500 cfs
The south bank of the middle fork of Battle Creek at a point whence the E quarter corner of Sec 27, T1S, R79W, 6th PM, bears N 46̊50' E 5,051 ft
The Terms and Conditions outlined in Paragraph 2.4 of the decree entered in Case No. 96CW3861 continue to apply to the use of the Skylark Ranch Water Rights in the subject exchanges. 3.2 Description of Exchanges 3.2.1 Skylark Creek to Henderson Mill Exchange 3.2.1.1 Exchange Reach. The Skylark Creek-Henderson Mill Exchange will run from the Confluence of Skylark Creek and the Williams Fork River to the Henderson Mill Water System intake points. Under the exchange, historic depletion credits
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attributable to the Lost Creek, Mule Creek, and Skylark Creek Water Rights will be delivered to the Williams Fork River. Simultaneous with such deliveries, an equal amount of water that would otherwise be out-of-priority shall be diverted by exchange at one or more of the Henderson Mill Water System intakes. 3.2.1.2 Amount of Exchange. The amount of the exchange shall not exceed 9.0 cfs. 3.2.1.3 Sources of Substitute Supply. The sources of substitute supply for the Skylark Creek-Henderson Mill Exchange will be the historic depletion credit attributable to the Lost Creek, Mule Creek and Skylark Creek Water Rights. 3.2.1.4 Use of Exchanged Water. Water that is exchanged by the Skylark Creek-Henderson Mill Exchange may be used either directly or after storage for all beneficial purposes, including, without limitation: industrial, domestic, fire suppression, reclamation, wetlands mitigation, and augmentation use associated with the Henderson Mill. The water diverted under this exchange may be used, reused, successively used, and disposed of to extinction; including successive use as a source of substitute supply for the East Branch Flood Bypass Pipeline to Henderson Tunnel Pipeline Exchange described below. 3.2.1.5 Appropriation Date. September 20, 1994 3.2.2 Williams Fork Reservoir to Henderson Mill Exchange 3.2.2.1 Exchange Reach. The Williams Fork Reservoir-Henderson Mill Exchange will run from the Williams Fork Reservoir Dam to the Henderson Mill Water System intake points. Under the exchange, historic depletion credits attributable to the Battle Creek Water Rights will be delivered to the Williams Fork River. Simultaneous with such deliveries, an equal amount of water that would otherwise be out-of-priority shall be diverted by exchange at one or more of the Henderson Mill Water System intakes. 3.2.2.2 Amount of Exchange. The amount of the exchange shall not exceed 1.5 cfs. 3.2.2.3 Sources of Substitute Supply. The sources of substitute supply for the Williams Fork Reservoir-Henderson Mill Exchange will be the historic depletion credits attributable to the Battle Creek Water Rights. 3.2.2.4 Use of Exchanged Water. Water that is exchanged by the Williams Fork Reservoir-Henderson Mill Exchange may be used either directly or after storage for all beneficial purposes, including, without limitation: industrial, domestic, fire suppression, reclamation, wetlands mitigation, and augmentation use associated with the Henderson Mill. The water diverted under this exchange may be used, reused, successively used, and disposed of to extinction; including successive use as a source of substitute supply for the East Branch Flood Bypass Pipeline to Henderson Tunnel Pipeline Exchange described below. 3.2.2.5 Appropriation Date. September 20, 1994. 3.2.3 Skylark Creek to Henderson Tunnel Pipeline Exchange 3.2.3.1 Exchange Reach. The Skylark Creek-Henderson Tunnel Exchange will run from the Confluence of Skylark Creek and the Williams Fork River to one or more of the Henderson Tunnel Pipeline intakes. Under the exchange, historic depletion credits attributable to the Lost Creek, Mule Creek, and Skylark Creek Water Rights will be delivered to the Williams Fork River. Simultaneous with such deliveries, an equal amount of water that would otherwise be out-of-priority shall be diverted by exchange at one or more of the Henderson Tunnel Pipeline intakes. 3.2.3.2 Amount of Exchange. The amount of the exchange shall not exceed 9.0 cfs. 3.2.3.3 Sources of Substitute Supply. The sources of substitute supply for the Skylark Creek-Henderson Tunnel Pipeline Exchange will be historic depletion credits attributable to the Lost Creek, Mule Creek and Skylark Creek Water Rights. 3.2.3.4 Use of Exchanged Water. Water that is exchanged by the Skylark Creek-Henderson Tunnel Pipeline Exchange may be used for all purposes in the Henderson Mine, including, without limitation: industrial, domestic, fire suppression, and augmentation use. Exchanged water may also be delivered via the Henderson Tunnel Pipeline to the Clear Creek drainage for delivery to the City of Golden for municipal purposes. After such initial uses, the water diverted pursuant to this exchange may be reused, successively used, and disposed of to extinction. 3.2.3.5 Appropriation Date. September 20, 1994 3.2.4 Williams Fork Reservoir to Henderson Tunnel Pipeline Exchange 3.2.4.1 Exchange Reach. The Williams Fork Reservoir-Henderson Tunnel Exchange will run from the Williams Fork Reservoir Dam to one or more of the Henderson Tunnel Pipeline intakes. Under the exchange, historic depletion credits attributable to the Battle Creek Water Rights will be delivered to the Williams Fork River. Simultaneous with such deliveries, an equal amount of water that would otherwise be out-of- priority shall be diverted by exchange at one or more of the Henderson Tunnel Pipeline intakes. 3.2.4.2 Amount of Exchange. The amount of the exchange shall not exceed 1.5 cfs. 3.2.4.3 Sources of Substitute Supply. The sources of substitute supply for the Williams Fork Reservoir-Henderson Tunnel Pipeline Exchange will be the historic depletion credits attributable to the Battle Creek Water Rights. 3.2.4.4 Use of Exchanged Water. Water that is exchanged by the Williams Fork Reservoir-Henderson Tunnel Pipeline Exchange may be used for all purposes in the Henderson Mine, including, without limitation: industrial, domestic, fire suppression, and augmentation use. Exchanged water may also be delivered via the Henderson Tunnel Pipeline to the Clear Creek drainage for delivery to the City of Golden for municipal purposes. After such initial uses, the water diverted pursuant to this exchange may be reused, successively used, and disposed of to extinction. 3.2.4.5 Appropriation Date. September 20, 1994 3.2.5 East Branch Flood Bypass Pipeline to Henderson Tunnel Pipeline Exchange 3.2.5.1 Exchange Reach. The East Branch Flood Bypass Pipeline- Henderson Tunnel Exchange will run from the East Branch Flood Bypass Pipeline to one or more of the Henderson Tunnel Pipeline intakes. Under the exchange, historic depletion credits attributable to the Skylark Ranch Water Rights which were stored in East Branch Reservoir, Ute Creek Reservoir, Lost Creek Reservoir, and/or the Henderson Mill Tailings Pond will be delivered to the Williams Fork River through the East Branch Flood Bypass Pipeline. Simultaneous with such deliveries, an equal amount of water that would otherwise be out-of-priority shall be diverted by exchange at one or more of the Henderson Tunnel Pipeline intakes. 3.2.5.2 Amount of Exchange. The amount of the exchange shall not exceed 20.0 cfs. 3.2.5.3 Sources of Substitute Supply. The sources of substitute supply for the East Branch Flood Bypass Pipeline-Henderson Tunnel Pipeline Exchange will be the stored historic depletion credits attributable to the Skylark Ranch Water Rights. 3.2.5.4 Use of Exchanged Water. Water that is exchanged by the East Branch Flood Bypass Pipeline-Henderson Tunnel Pipeline Exchange may be used for all purposes in the Henderson Mine, including, without limitation: industrial, domestic, fire suppression, and augmentation use. Exchanged water may also be delivered via the Henderson Tunnel Pipeline to the Clear Creek drainage for
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delivery to the City of Golden for municipal purposes. After such initial uses, the water diverted pursuant to this exchange may be reused, successively used, and disposed of to extinction. 3.2.5.5 Appropriation Date. September 20, 1994 3.3 Terms and Conditions on Exchanges. The terms and conditions placed upon the exchanges in the decree in Case No. 96CW3681 continue to be effective. 4. Evidence of Reasonable Diligence. 4.1 Engineering. During the diligence period, Climax spent over $60,000.00 in engineering fees related to the Henderson Mill Water rights portfolio, including water rights subject to this application. This engineering work included a cost estimate for the delivery system from Williams Fork River to Clear Creek, which would be used to convey the Skylark Ranch Water Rights, and performing a new valuation of the Henderson water rights, including the Skylark Ranch Water Rights. This engineering work also included evaluating the Skylark Ranch Water Rights and exchanges for use as part of the Henderson mine and mill’s reclamation and closure planning. 4.2 Ditch Activities. During the diligence period, Climax pursued and obtained federal entitlement to easements under the 1996 Ditch Bill on the ditches associated with the Skylark Ranch Water Rights. During the diligence period Climax has also performed maintenance work on the ditches associated with the Skylark Ranch Water Rights according to the federal permits obtained, including performing weed and wildlife control. Climax also performed structural repair work on Lost Creek Ditch during the diligence period. 4.3 Legal. 4.3.1 During the diligence period, Climax has spent over $17,000.00 in attorney fees towards re-negotiation of the Miniat, Pickering and Darland leases involving the Skylark Ranch Water Rights, to reflect the terms of the decree entered in Case No. 96CW3681. 4.3.2 A portion of the conditional right decreed to the Ute Park Storage Right, a part of the Henderson Mill Water System, was made absolute in Case No. 06CW10. Although the portion of water made absolute in that decree is not specifically a source of substitute supply in the exchanges decreed in Case No. 96CW3681, the part made absolute solidified the overall portfolio of the Henderson Mill Water Rights. 4.4 Contemplated Use of Exchange. 4.4.1 In May 2006, Climax sent a notification letter to the Division Engineer for Water Division 5 regarding the use of a portion of the Skylark Ranch Water Rights at the mill, to be delivered via the Skylark Creek/Henderson Mill exchange. The May 2006 letter requested use of water at the Mill via the Skylark Exchanges from two sources: Mule Creek water rights and the water rights associated with the Darland lease, which Climax was contemplating terminating at that time. Climax requested use of that water at the Mill under the terms of the 1996CW3681 decree because it looked like Williams Fork Reservoir would not fill, and more senior rights would be needed at the Mill. Ultimately, Williams Fork Reservoir did fill, allowing Climax’s junior Ute Park Storage right to be in priority and obviating the need to use the more senior Skylark Ranch rights. 4.4.2 In May 2007, Climax sent a notification letter to the Division Engineer for Water Division 5 regarding the use of the Skylark Ranch Water Rights at the Mill via the Skylark Creek/Henderson Mill exchange, requesting that the water rights associated with the Darland lease be returned to agricultural use, but continuing the industrial use of the Mule Creek water rights at the Mill. The Mule Creek water rights have therefore been taken out of agricultural use, as contemplated in the 1996CW3681 decree. However, use of the senior Mule Creek water rights has not been accounted for at the Mill because in-priority junior rights have been sufficient. WHEREFORE, Climax Molybdenum Company requests that the Court enter a decree finding that reasonable diligence was performed during the diligence period in development of the conditional water rights which are the subject of this application and that the conditional rights of exchange should continue. (13 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW60 (02CW252) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE CONCERNING THE APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE FOR WATER RIGHTS OF GENE AND CYNTHIA TREXLER IN GARFIELD COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address and telephone number of applicants: Gene and Cindy Trexler, 20814 9th Avenue West, Cudjoe Key, FL 33042. All pleadings should be directed to: Michael F. Browning, Thomas W. Korver, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Name of structures: Waterstone Wells 1 and 2; Waterstone Pond; Warner Ditch, Waterstone Enlargement; Waterstone Well Exchange. 3. Description of conditional water rights: A. Waterstone Wells 1 and 2. (i) Original Decree: June 16, 2003, entered by the District Court in and for Water Division No. 5 (“Water Court”), State of Colorado, in Case No. 02CW252. (ii) Decreed Locations: The decreed location of Waterstone Well 1 is in the SE1/4 NW1/4 of Section 24, Township 5 South, Range 90 West of the 6th P.M. more specifically 1673 feet from the North Section line and 1826 feet from the West Section line of said Section. The decreed location of Waterstone Well 2 is in the SE1/4 NW1/4 of Section 24, Township 5 South, Range 90 West of the 6th P.M. more specifically 1870 feet from the North Section line and 1635 feet from the West Section line of said Section. Actual Locations: The actual location of Waterstone Well 1 is in the SE1/4 NW1/4 of Section 24, Township 5 South, Range 90 West of the 6th P.M. more specifically 1573 feet
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from the North Section line and 1826 feet from the West Section line of said Section, and is within 200 feet of the decreed location. Waterstone Well 2 is located where decreed. (iii) Source: Groundwater tributary to Canyon Creek. (iv) Appropriation Date: February 25, 1999. (v) Amount per well: 50 gpm total for both wells. Annual Appropriation: 0.6 acre-feet each for wells 1 and 2 or 1.2 acre-feet for either Well No. 1 or 2. (vi) Decreed uses: Domestic, irrigation, and stockwater. B.Waterstone Pond. (i) Original Decree: June 16, 2003, entered by the Water Court in Case No. 02CW252. (ii) Location: The Waterstone pond is located in the SE1/4 NW1/4 of Section 24, Township 5 South, Range 90 West of the 6th P.M. more specifically 2170 feet from the North Section line and 2120 feet from the West section line of said section. (iii) Source: East Canyon Creek, tributary to Canyon Creek, tributary to the Colorado River. (iv) Appropriation Date: February, 1999. (v) Amount: 2.0 acre-feet, with the right to fill, continuously flow through and refill in priority. (vi) Decreed uses: Livestock watering, irrigation, piscatorial, aesthetic, recreational, and fire protection. C. Warner Ditch, Waterstone Enlargement. (i) Original Decree: June 16, 2003, entered by the Water Court in Case No. 02CW252. (ii) Location: A point on East Canyon Creek located in Section 24, Township 5 South, Range 90 West of the 6th P.M. approximately 540 feet from the East Section line and 570 feet from the North section line. (iii) Source: East Canyon Creek, tributary to Canyon Creek, tributary to the Colorado River. (iv) Appropriation Date: February 25, 1999. (v) Amount: 0.67 cfs. (vi) Decreed uses: Irrigation, livestock watering, recreational, aesthetic, and to fill Waterstone Pond. 4. Description of Conditional Exchange. A. Original Decree: June 16, 2003, entered by the Water Court in Case No. 02CW252. B. Location: The upstream terminus of the exchange is the location of Waterstone Wells 1 and 2, described in paragraph 3.A. above. The downstream terminus of the exchange is the confluence of Canon Creek and the Colorado River, located in the NW1/4 of Section 36, Township 5 South, Range 90 West of the 6th P.M. C. Appropriation Date: September 30, 2002. D. Description of Water Rights to be Used by Exchange: The following described water rights are to be used by exchange: (i) Green Mountain Reservoir. (a) Source: Blue River, tributary of Colorado River. (b) Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. (c) Adjudication Date: October 12, 1955. (d) Appropriation Date: August 1, 1935. (e) Case No.: 2782, 5016, and 5017. Court: United States District Court, District of Colorado. (f) Decreed Amount: 154,645 acre feet. (g) Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. (ii) Ruedi Reservoir. (a) Source: Frying Pan River, tributary of Colorado River. (b) Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. (c) Adjudication Date: June 20, 1958. (d) Appropriation Date: July 29, 1957. (e) Case No. C.A. 4613. (f) Court: Garfield County District Court. (g) Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76). (h) Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. (i) By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet was made absolute. E. Description of Exchange: Applicants have an appropriative right of exchange of water in the amount of the monthly/annual depletions occurring from the use of the Waterstone Wells Nos. 1 and 2 in the amount of 50 gpm from the confluence of Canyon Creek with the Colorado River up to the Waterstone Wells Nos. 1 and 2. 5. Detailed outline of work done to apply water to beneficial use. During the diligence period, the Applicants have engaged in the following specific activities that demonstrate diligence toward the application of water to the decreed beneficial use: A. Applicants have continued to maintain the wells, pond and ditches to enable them to use the subject conditional water rights. B. Applicants have diverted and beneficially used a portion of the conditional water rights decreed in Case No. 02CW252. Specifically, Applicants have made portions of the Waterstone Wells 1 and 2, the Waterstone Pond, the Warner Ditch, Waterstone Enlargement and Applicants’ conditional exchange absolute as described in paragraph 6 below. C. Applicants have retained a water resources engineer to provide advice and consultation regarding the development of the remaining undiverted portion of the subject conditional water rights. D. Applicants have expended approximately $195,000 in connection with the development and protection of the subject water rights and the structures for the diversion and storage of the subject water rights. E. Applicants have expended funds and efforts in connection with Applicants’ contract with the West Divide Water Conservancy District for the subject exchange plan. F. Applicants have continually monitored the filings for water rights and water related activities of other users, and have filed statements of opposition to applications that may injure Applicants’ water rights. G. Applicants fully intend to develop and utilize the subject conditional water rights to the full decreed amounts. 6. Claim to Make Conditional Water Rights Absolute: A. Waterstone Wells 1 and 2: The Waterstone Wells 1 and 2 are fully operational. Waterstone Well No. 1 was applied to domestic and irrigation use on June 16, 2009 in the amount of 6.9 gpm. Waterstone Well No. 2 was applied to domestic and irrigation use on June 17, 2009 in the amount of 6.5 gpm. Accordingly, Applicants request that Waterstone Wells 1 and 2 be made absolute for domestic and irrigation use in the amounts of 6.9 gpm and 6.5 gpm respectively. Both wells will remain conditional for stockwater use for the amounts listed in paragraph 3(A)(v) above, and for domestic and irrigation uses in the amounts not sought to be made absolute herein. B. Waterstone Pond: The Waterstone Pond is fully operational and 0.856 acre-feet of water has been stored in said pond on various dates for irrigation, piscatorial, aesthetic, recreational, and fire protection uses since September, 2004. Accordingly, Applicants request that the Waterstone Pond be made absolute for said uses in the amount of 0.856 acre-feet. Waterstone Pond will remain conditional for stockwater use in the amount of 2.0 acre-feet, and for irrigation, piscatorial, aesthetic, recreational, and fire protection uses in the amount of 1.144 acre-feet. C. Warner Ditch, Waterstone Enlargement: The Warner Ditch, Waterstone Enlargement is fully
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operational and 0.16 cfs of said water right was diverted for the uses of irrigation, recreational, aesthetic, and to fill Waterstone Pond on October 6, 2006. Accordingly, Applicants request that the Warner Ditch, Waterstone Enlargement water right made absolute for said uses in the amount of 0.16 cfs. The Warner Ditch, Waterstone Enlargement will remain conditional for stockwater use in the amount of 0.67 cfs, and for irrigation, recreational, aesthetic, and to fill Waterstone Pond in the amount of 0.51 cfs. D. Applicants have operated the conditional exchange described in paragraph 4 above since 2004. Accordingly, Applicants request that said conditional exchange be made absolute. WHEREFORE, Applicants request (1) that the conditional water rights described in paragraph 3 above be made absolute in the amounts and for the beneficial uses described in paragraph 6A.-C. above; (2) that the conditional exchange described in paragraph 4 above be made absolute; (3) that a decree be entered finding that Applicants have exercised reasonable diligence in the development of any conditional water rights or conditional uses not made absolute in these proceedings; and (4) for such other and further relief as this Court deems just and proper. (8 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW61 EAGLE COUNTY. BLUE CREEK. Crawford Properties, LLC, c/o Patrick, Miller & Kropf, P.C., Kevin L. Patrick, Esq. and Craig V. Corona, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Crawford Dam No, 3. Type: Reservoir. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: Date of Original Decree: November 23, 1981. Case No.: 81CW90. Court: District Court, Water Division No, 5. Decreed legal description: The westerly end of the dam is located in the SW ¼ of Sec. 26, T. 7 S., R 87 W. of the 6th P.M. at a point whence the SW corner of said Sec. 26 bears S. 15°55’12” W. 2470 feet. Source: Blue Creek, tributary to the Roaring Fork River. Appropriation Date: February 1, 1981. Amount: 24 acre-feet. Use: 7.88 acre-feet previously made absolute for piscatorial, recreation, irrigation & street sprinkling, absolute. 16.12 acre-feet conditional for piscatorial, recreation, irrigation & street sprinkling. 24 acre-feet, conditional, for municipal, domestic, mechanical, manufacturing, power, fire protection & sewage treatment, conditional. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant has spent over $40,000 and 4,100 hours working on this water right and the other components of their integrated water supply system, including: flood irrigation, spraying of thistle and other noxious weeds, working on spillways and pond walls, cleaning ponds and removing silt, installing overflow pipe, rebuilding ditches, tending of fish, and designing a pressurized sprinkler system. Applicant also purchased a scraper to perform some of the above work. Applicant has also been conducting studies on obtaining a steady flow from the pond for possible future power generation. Applicant has also been investigating the possibility of transferring the remaining conditional amounts and uses beyond the capacity of the Crawford Dam No. 3 to the Crawford Dam No. 1. Applicant also hired Patrick, Miller & Kropf, P.C. to negotiate a Memorandum of Understanding between it and the Basalt Water Conservancy District for a scope of work/cost benefits analysis of the possibility of the Applicant and the District reaching an agreement regarding the District’s possible future use of these water rights for municipal use. Patrick, Miller & Kropf, P.C. has also monitored water rights applications, which could impact the subject water rights. If claim to make absolute: NA. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. Remarks: Below is a table of the history of this water right.
Case No. Amount Decreed Uses Decreed 81CW90 5.0 af, absolute. Piscatorial & recreation. 19.0 af conditional. Piscatorial & recreation. 24.0 af, conditional. Municipal, domestic, irrigation, mechanical, manufacturing,
power generation, power generally, fire protection, sewage treatment, street sprinkling, & watering of parks.
19.0 af, absolute. Piscatorial & recreation. 85CW321 24. af, conditional. Municipal, domestic, irrigation, mechanical, manufacturing,
power generation, power generally, fire protection, sewage treatment, street sprinkling, & watering of parks.
The next diligence application requested that all remaining amounts and uses be decreed absolute. The DEO’s office determined that the capacity of the reservoir is 7.88 acre feet and this decree “vacated” the 19 acre-feet decreed absolute for piscatorial & recreation.
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2.88 af, absolute. Piscatorial & recreation. This makes the total decreed absolute for these uses 7.88 acre feet.
7.88 af, absolute. Irrigation. 5.5 af, absolute. Street Sprinkling. 16.12 af, conditional. Piscatorial, recreation, & irrigation.
89CW207
18.5 af, conditional. Municipal, domestic, mechanical, manufacturing, power generation, power generally, fire protection, sewage treatment, street sprinkling, & watering of parks.
16.12 af, conditional. Piscatorial, recreation, & irrigation. 95CW240 18.5 af, conditional. Municipal, domestic, mechanical, manufacturing, power
generation, power generally, fire protection, sewage treatment, street sprinkling, & watering of parks.
5.0 af, absolute. Piscatorial & recreation. This makes the total amount decreed to these uses 12.88 af; however, the capacity is still only 7.88 af.
02CW14
2.38 af, absolute. Street sprinkling. Since the third quarter of 2007, the nation has been in a declared recession of a magnitude not experienced for at least 70 years. The current economic conditions are outside of the control of the Applicant and are impeding Applicants continuous and purposeful intention and acts to develop the conditional water right(s). Municipal Subdistrict, Northern Colorado Water Conservancy District v. Chevron, 986 P. 2d 918 (Colo. 1999). These economic conditions are to be considered by the Court when it considers the facts and circumstances of diligence activities during the diligence period. Dallas Creek Water Co. v. Huey, 933 P. 2d 27 (Colo. 1997). (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW62 District Court, Water Division 5, State Of Colorado, Garfield Co. Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Troublesome Creek, A Natural Stream, In The Watershed Of The Colorado River Headwaters, In Grand County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Devin Odell*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203. Registration Number: 34762. *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board. 1313 Sherman Street, Suite 721, Denver, CO 80203. (303) 866-3441. Name of natural stream: Troublesome Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Rabbit Ears Creek at latitude 40° 15’ 45.57”N and longitude 106° 19’ 6.93”W as the upstream terminus and extending to the Pickering Ditch headgate at latitude 40° 13’ 37.14“N and longitude 106° 18’ 49.59”W as the downstream terminus, being a distance of approximately 3.0 miles. This segment can be located on the Hyannis Peak U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = SW SE S35 T4N R80W 6th PM 2450’ West of the East Section Line, 665’ North of the South Section Line. UTM North: 4457744.3 UTM East: 387876.1. Lower Terminus = SW NE S14 T3N R80W 6th PM 1700’ West of the East Section Line, 1525’ South of the North Section Line. UTM North: 4453778.3 UTM East: 388227.1. Date of initiation of appropriation: January 27, 2009. Date water applied to beneficial use: Water was first applied to beneficial use on or before January 27, 2009. The appropriation was completed on January 27, 2009 by the action of the Colorado Water Conservation Board under the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2008). How appropriation was initiated: At its regular meeting on January 27, 2009, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 9.3 cfs (April 1 – October 31) and 5.9 cfs (November 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2008). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 19, 2009, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-
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92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. Submitted this 30th day of June, 2009. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW63 District Court, Water Division 5, State Of Colorado, Garfield Co. Courthouse, 109 8th Street, Suite 104, Glenwood Springs, Co 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Troublesome Creek, A Natural Stream, In The Watershed Of The Colorado River Headwaters, In Grand County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Devin Odell*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, Registration Number: 34762. *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: Troublesome Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Glomerate Creek at latitude 40° 17’ 9.11”N and longitude 106° 17’ 50.76”W as the upstream terminus and extending to the confluence with Rabbit Ears Creek at latitude 40° 15’ 45.93“N and longitude 106° 19’ 6.45”W as the downstream terminus, being a distance of approximately 2.2 miles. This segment can be located on the Hyannis Peak U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = SW NE S25 T4N R80W 6th PM 1675’ West of the East Section Line, 1365’ South of the North Section Line. UTM North: 4460293.5 UTM East: 389713.2. Lower Terminus = SW SE S35 T4N R80W 6th PM 2410’ West of the East Section Line, 695’ North of the South Section Line. UTM North: 4457755.2 UTM East: 387887. Date of initiation of appropriation: January 27, 2009. Date water applied to beneficial use: Water was first applied to beneficial use on or before January 27, 2009. The appropriation was completed on January 27, 2009 by the action of the Colorado Water Conservation Board under the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2008). How appropriation was initiated: At its regular meeting on January 27, 2009, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 5.1 cfs (April 1 – October 31) and 2.8 cfs (November 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2008). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 19, 2009, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. Submitted this 30th day of June, 2009. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW64 District Court, Water Division 5, State Of Colorado, Garfield Co. Courthouse, 109 8th Street, Suite 104, Glenwood Springs, Co 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Buzzard Creek, A Natural
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Stream, In The Watershed Of The Colorado Headwaters-Plateau, In Mesa County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Jennifer Mele*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, Registration Number: 30720. *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203. (303) 866-3441. Name of natural stream: Buzzard Creek, tributary to Plateau Creek tributary to the Colorado River Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Willow Creek at latitude 39° 11’ 40.59”N and longitude 107° 37’ 23.52”W as the upstream terminus and extending to the confluence with Owens Creek at latitude 39° 14’ 7.1“N and longitude 107° 37’ 57.46”W as the downstream terminus, being a distance of approximately 3.4 miles. This segment can be located on the Porter Mountain and Spruce Mountain U.S.G.S. quadrangles. For administrative purposes only: Upper Terminus = NW NW S13 T10S R92W 6th PM 416’ East of the West Section Line, 1250’ South of the North Section Line UTM North: 4341651.4 UTM East: 273459.8. Lower Terminus = NW NE S35 T9S R92W 6th PM 2247’ West of the East Section Line, 468’ South of the North Section Line, UTM North: 4346192.4 UTM East: 272776.9. Date of initiation of appropriation: January 27, 2009. Date water applied to beneficial use: Water was first applied to beneficial use on or before January 27, 2009. The appropriation was completed on January 27, 2009 by the action of the Colorado Water Conservation Board under the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2008). How appropriation was initiated: At its regular meeting on January 27, 2009, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed ABSOLUTE): Instream flow of 4.25 cfs (April 1 – August 31) and 1.5 cfs (September 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2008). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 19, 2009, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. Submitted this 30th day of June, 2009. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW65 District Court, Water Division 5, State Of Colorado, Garfield Co. Courthouse, 109 8th Street, Suite 104, Glenwood Springs, Co 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Corral Creek, A Natural Stream, In The Watershed Of The Colorado River Headwaters, (Increase). In Grand County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Jennifer Mele*, Assistant Attorney General 1525 Sherman Street, 5th Floor, Denver, CO 80203. Registration Number: 30720. *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: Corral Creek, tributary to the Colorado River. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Smith Creek at latitude 40° 5’ 56.66”N and longitude 106° 11’ 7.64”W as the upstream terminus and extending to the Home Ditch #1 headgate at latitude 40° 3’ 55.03“N and longitude 106° 11’ 33.42”W as the downstream terminus, being a distance of approximately 2.7 miles. This segment can be located on the Parshall U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = NE NE S36 T2N R79W 6th PM, 1190’ West of the East Section Line, 935’ South of the North Section Line, UTM North: 4439426.8 UTM East: 398955.1. Lower Terminus = E SW S12 T1N R78W 6th PM, 2100’ East of the West Section Line, 2600’ North of the South Section Line, UTM North: 4435684.8 UTM East: 398294.4. Date of initiation of appropriation: January 27, 2009. Date water applied to beneficial use: Water was first applied to beneficial use on or before January 27, 2009. The appropriation was completed on January 27, 2009 by the action of the Colorado Water Conservation Board under the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2008). How appropriation was initiated: At its regular meeting on January 27, 2009, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural
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Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 2.75 cfs (April 1 – October 31) and 0.9 cfs (November 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2008). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 19, 2009, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. The Colorado Water Conservation Board has an existing instream flow water right on Corral Creek from the headwaters to the confluence with the Colorado River, in the amount of 1.5 cfs (1/1-12/31), decreed in case 5-86CW214 with an appropriation date 3/14/1986. The flow rates sought herein are in addition to the amount of the existing instream flow water right. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. Submitted this 30th day of June, 2009. (5 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW66 GUNNISON COUNTY; CRYSTAL RIVER. David and Linda Adams, c/o Michael J. Sawyer, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application to Make Conditional Water Rights Absolute or in the Alternative Application for Finding of Reasonable Diligence. Name of structure: Chair Mountain Pond. Date of original decree: May 15, 1989, in Case No. 88CW478, in the District Court in and for Water Div. 5. Subsequent decrees awarding findings of diligence: Case No. 93CW058, entered on April 18, 1995, and Case No. 01CW103, entered on June 2, 2003. Location: The Chair Mountain Pond is located in Section 7, Township 11 South, Range 88 West of the 6th P.M., at a point whence the Southwest corner of said Section 7 bears South 29deg15' West a distance of 2,800 feet, in Gunnison County, Colorado. Source: The Chair Mountain Pump and Pipeline diverting from the Crystal River. Appropriation date: 12/2/1988. Amount: 0.71 acre-feet, absolute; 0.79 acre-feet, conditional. The Chair Mountain Pond was originally decreed for 1.5 acre-feet, conditional, in Case No. 88CW478. On April 18, 1995, in Case No. 93CW58, a decree was entered in which .71 acre-feet of the original 1.5 acre-feet was made absolute and unconditional for domestic, irrigation, recreation, stock watering purposes, storage and subsequent application to beneficial use, fish propagation, and aesthetic, together with the right to utilize releases from said pond for augmentation pursuant to the augmentation plan decreed in Case No. 88CW478. Use: Domestic, irrigation, recreation, stock watering purposes, storage and subsequent application to beneficial use, fish propagation, and aesthetic, together with the right to utilize releases from said pond for augmentation pursuant to the augmentation plan decreed in Case No. 88CW478. Claim to make absolute: Amount: 0.79 acre-feet. Date water first applied to beneficial use: June 15, 2008. Amount of water applied to beneficial use: 0.79 acre-feet. Use: Domestic, irrigation, recreation, stock watering purposes, storage and subsequent application to beneficial use, fish propagation, and aesthetic, together with the right to utilize releases from said pond for augmentation pursuant to the augmentation plan decreed in Case No. 88CW478. Description of place of use where water is applied to beneficial use: Chair Mountain Ranch, 0178 County Road 3, Marble, CO 81623. In the alternative, claim for diligence: Applicant requests a finding of diligence for 0.79 acre-feet, conditional, for the Chair Mountain Ranch for Domestic, irrigation, recreation, stock watering purposes, storage and subsequent application to beneficial use, fish propagation, and aesthetic, together with the right to utilize releases from said pond for augmentation pursuant to the augmentation plan decreed in Case No. 88CW478. The Application provides a detailed outline of what has been done towards the development of the conditional water right, including expenditures. The Chair Mountain Pond is located on Property owned by Applicant. (6 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
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16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW67 - John A. Buck II Trust, c/o John Buck, The John Buck Company, One North Wacker Drive, Suite 2400, Chicago, IL 60606. Please send copy to Anne Marie McPhee, Oates, Knezevich, Gardenswartz & Kelly, P.C., 533 E. Hopkins Avenue, 3rd Floor, Aspen, CO 81611, [email protected]; (970) 920-1700. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE, IN PART. First Claim (Gibson Pump & Pipeline): Name of structure: Gibson Pump & Pipeline, Description of Conditional Water Right Date of Original Decree: 6/9/2003, Case No. 01CW236, Court: Water Div. 5, Legal description: The headgate of said structure is located within the NE¼ of the NW¼ of Sec. 16, T. 9 S., Range 85 W. of the 6th P.M. at a point 2000 ft. E. of the W. Sec. line and 500 ft. S of the N Sec. line of said Sec. 16 (Pitkin County, Colorado). Source of water: Roaring Fork River, tributary to Colorado River. Appropriation Date: 6/1/2001. Amount: 0.22 CFS (100 GPM), cond.. Use: Irr. and delivery of water into storage for irr., recreation and piscatorial purposes. If claim to make absolute. Date water applied to beneficial use: 5/8/2009. Amt.: 0.033 cfs (15 gpm). A copy of Applicant’s diversion records is attached as Exhibit A. Use: Irrigation of 0.65 acre. Description of place of use where water is applied to beneficial use: approximately 0.65 acre in the E1/2 of the NW¼ of Sec. 16, T. 9 S., Range 85 W. of the 6th PM, as shown in more detail on the attached Exhibit B. Second Claim (Gibson Pond): Name of structure: Gibson Pond. Description of Conditional Water Right: Date of Original Decree: 6/9/2003. Case No. 01CW236. Court: Water Div. 5. Legal description: The pond is located within the NE¼ of the NW¼ of Sec. 16, T. 9 S., Range 85 W. of the 6th P.M. at a point 2100 ft. E. of the W. Sec. line and 400 ft. S. of the N. Sec. line of said Sec.16 (Pitkin County, Colorado). Source of water: Roaring Fork River, via deliveries from the Gibson Pump & Pipeline. Appropriation Date: 6/1/2001. Amt.: 2.5 a.f., cond., with the right to fill and refill when water is legally and physically available. Use: Irr., recreation and pisc. purposes. If claim to make absolute: N/A Third Claim (Appropriative Right Of Exchange): Name of structure: Appropriative Right of Exchange. Description of Conditional Water Right. Date of Original Decree: 6/9/2003. Case No. 01CW236. Court: Water Division 5. Legal description: Appropriative right of exchange within upstream terminus of the exchange reach at the Gibson Pump & Pipeline and the downstream termini of the exchange at the confluence of the Roaring Fork River and the Colorado River. Appropriation Date: 6/1/2001. Amt.: 0.22 cfs (100 gpm), cond. If claim to make absolute: 0.033 cfs (15 gpm), with the remaining amount of 0.187 cfs to be continued as a conditional water right. Diligence Activities: The Application contains a detailed outline of work performed toward completion of the appropriation, including the following: During the intervening diligence period, Applicant purchased the property and subject water rights from the estate of the original owners of the water rights and retained both water engineering and landscaping firms to assist in reviewing and revising the irrigation and landscaping plans for the property. As a result of these studies, Applicant is filing concurrently with this application a separate application to change the point of diversion and the decreed amount of the Gibson Pump & Pipeline, the decreed location of the Gibson Pond, and to amend the plan for augmentation, including conditional right of exchange, decreed in Case 01CW326. Applicant has installed the diversion facilities for the Gibson Pump & Pipeline and has diverted water at a maximum rate of 0.033 cfs (15 gpm) pursuant to its decreed exchange. Applicant consequently requests that 0.033 cfs (15 gpm) of the Gibson Pump & Pipeline and the appropriative right of exchange for the irrigation of 5,000 sq. ft. be made absolute with the remaining 0.187 cfs (85 gpm) continued as conditional water rights. Applicant intends to fully develop and place to beneficial use the remaining amount conditionally decreed to the Gibson Pump & Pipeline, Gibson Pond and the conditional right of exchange decreed in Case 01CW326 and requests a finding of reasonable diligence for those conditional water rights. Names and address of owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. (6 Pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW68 (00CW303). IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING THAT WATER RIGHTS ARE ALREADY DECREED ABSOLUTE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF MURPHY’S MEADOW, LLLP (Successor in interest to TYL Ranch). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address of applicant: Murphy’s Meadow, LLLP (“Applicant”), Kris Nelson, P.O. Box 1847, Silverthorne, CO 80498, c/o Fritz Holleman, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, 303-443-6800. 2. Name of structures. South Pond, Pump Pond, House Ponds 1, 2 and 3. 3. Description of Applicant and the water rights decreed in Case Nos. 00CW303. In Case No. 00CW303, the Water Court decreed new storage rights,
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changes of existing rights, and a plan for augmentation for the TYL Ranch. Murphy’s Meadow, LLLP is the successor in interest of the TYL Ranch as to all of the water rights and the plan for augmentation decreed in Case No. 00CW303. The land served by the water rights decreed in Case No. 00CW303 consists of approximately 450 acres of deeded ground in Sections 24, 25 and 26, T. 4 S., R. 78 W. of the 6th P.M., Summit County, Colorado (the “Ranch”). The new water storage rights adjudicated as absolute in Case No. 00CW303, as well as the water rights changed in that case, are as follows: A. South Pond. This right was decreed in Case No. 00CW303 for 4 acre-feet absolute, for recreational, piscatorial, wildlife, stock watering, storage, and augmentation purposes. The appropriation date is July 1, 1999. The source for this pond is Bushee Creek, via the Winegard Ditches to Winegard Pond Nos. 1, 2 and 3, and then through a culvert to the South Pond. The center of the pond is located in the SW 1/4 NE 1/4 of Section 26, T. 4 S., R. 78 W., at a point approximately 2670 feet from the North line and 1650 feet from the East line of said Section 26. This pond has a surface area of 0.65 acres. B. Pump Pond. This right was decreed in Case No. 00CW303 for 1 acre foot absolute, for irrigation, storage, and augmentation purposes. The appropriation date is July 1, 2000. The source for this pond is Bushee Creek, via the Sondregger No. 2 Ditch. The center of the pond is located in the SE 1/4 NE 1/4 of Section 26, T. 4 S., R. 78 W., at a point approximately 1980 feet from the North line and 390 feet from the East line of said Section 26. This pond has a surface area of 0.12 acres. C. House Ponds 1, 2 and 3. These rights were decreed in Case No. 00CW303 for 2.00 acre-feet absolute, for recreational, piscatorial, wildlife, aesthetic, stock watering, irrigation, storage, and augmentation purposes. The appropriation date is July 1, 1999. The source for this series of ponds is the North Fork and/or the South Fork of Bushee Creek, via water diverted at the alternate points of diversion for the Sondregger No. 5 Ditch. The ponds are located in the NW 1/4 SE 1/4 of Section 24, T. 4 S., R. 78 W. These small ponds have a combined surface area of 0.25 acres. D. Changed Ditch Rights. The decree in 00CW303 also added points of diversion, new places of use and new purposes of use to the following ditch rights located on the Ranch: a. Sondregger Ditch, b. Sondregger Ditch No. 2, c. Sondregger Ditch No. 4, d. Sondregger Ditch No. 5, e. Winegard Ditch No. 1, f. Winegard Ditch No. 2. 4. Description of amendment decreed in Case No. 05CW119. In Case No. 05CW119, the Water Court adjudicated Applicant’s Valaer Ditch water as an additional and alternative augmentation source to cover the depletions identified in the plan for augmentation decreed for the Ranch in Case No. 00CW303. 5. Request for confirmation that water rights are already decreed absolute. Paragraph 15 of the decree in Case No. 00CW303 is titled “Diligence” and directs that the “conditional water rights decreed herein are continued in full force and effect until June, 2009.” There are, however, no conditional elements to the water rights decreed in Case No. 00CW303. The new water rights decreed in that case were decreed absolute. Applicant requests a finding that there are no conditional elements to any of the water rights decreed in Case No. 00CW303, and that no further findings of diligence or requests to make absolute are required with respect to the water rights that are the subject of that case. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW69 - John A. Buck II Trust, c/o John Buck, The John Buck Company, One North Wacker Drive, Suite 2400, Chicago, IL 60606. Please send copy to Anne Marie McPhee, Oates, Knezevich, Gardenswartz & Kelly, P.C., 533 E. Hopkins Avenue, 3rd Floor, Aspen, CO 81611; (970) 920-1700. APPLICATION FOR CHANGE OF WATER RIGHTS AND TO AMEND PLAN FOR AUGMENTATION. Decreed water right for which change is sought: Gibson Pump & Pipeline. Date of original and all relevant subsequent decrees: 6/9/2003. Case No: 01 CW 236. Court: Water Div. Legal description of structure: The headgate of said structure is located within the NE¼ of the NW¼ of Sec. 16, T. 9 S., Range 85 W. of the 6th P.M. at a point 2000 ft. E. of the W. Sec. line and 500 ft. S. of the N. Sec. line of said Sec. 16 (Pitkin County, Colorado). Decreed source of water: Roaring Fork River, tributary to Colorado River. Appropriation Date: 6/1/2001 Total amount decreed to structure: 0.22 cfs, cond. Decreed use or uses: Irr. Detailed description of proposed change: Applicant seeks to change the originally decreed point of diversion for the Gibson Pump & Pipeline and to enlarge the area of irrigation from 5,000 sq. ft. to 0.65 acre. A map showing the proposed area of irrigation is attached as Exhibit A. The currently decreed point of diversion for the Gibson Pump and Pipeline contained an apparent error as it was located approximately 700 ft. downstream of Applicant’s property. Applicant seeks to change the decreed point of diversion to the following: The headgate of said structure is located within the NE¼ of the NW¼ of Sec. 16, T. 9 S., Range 85 W. of the 6th P.M. at a point 1260 ft. south of the N. Sec. line and 1990 ft. E. of the W. Sec. line of said Sec. 16 (Pitkin County, Colorado). There are no intervening water rights between the original decreed point of diversion and the proposed changed point of diversion. The decreed and proposed points of diversion are shown in the attached Exhibit A. Decreed water right for which change is sought: Gibson Pond. Date of original and all relevant subsequent decrees: 6/9/2003. Case No: 01CW236 Court: Water Div. 5. Legal description of structure: The pond is located within the NE¼ of the NW¼ of Sec. 16, T. 9 S., Range 85 W. of the 6th P.M. at a point 2100 ft. E. of the W. Sec. line and 400 ft. S. of the N. Sec. line of said Sec. 16 (Pitkin County, Colorado). Decreed source of water: Roaring Fork River, via
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deliveries from the Gibson Pump & Pipeline. Appropriation Date: 6/1/2001. Total amount decreed to structure: 2.5 acre ft., cond., with the right to fill and refill when water is legally and physically available. Decreed use or uses: Irr., recreation and pisc. purposes. Detailed description of proposed change: Applicant seeks to change the originally decreed point of storage for the Gibson Pond to correct an error in the original decree for the water right, which located the pond approximately 900 ft. downstream of Applicant’s property. Applicant wishes to change the decreed point of storage to the following: The pond is located within the NE¼ of the NW¼ of Sec. 16, T. 9 S., Range 85 W. of the 6th P.M. at a point 2100 ft. E. of the W. Sec. line and 1300 ft. S. of the N. Sec. line of said Sec. 16 (Pitkin County, Colorado). The decreed and proposed points of storage are shown in the attached Exhibit A. Decreed water right for which change is sought: Plan for augmentation, including appropriative right of exchange. Name of structure: Gibson Pump & Pipeline. Date of original and all relevant subsequent decrees: 6/9/2003. Case No: 01CW236. Court: Water Div. 5. Detailed description of proposed change: Applicant seeks to change the terms of the originally decreed plan for augmentation, including appropriative right of exchange, to allow for an enlarged area of irrigation and to correct errors in the assumptions for consumptive use used in the originally decreed plan for augmentation. As decreed, the plan for augmentation contemplated 5,000 sq. ft. of bluegrass irrigation from the Gibson Pump & Pipeline with out of priority diversions replaced with Basalt Water Conservancy District contract water. Applicant wishes to increase the area of irrigation to 0.65 acres and contemplates irrigation of a mixture of pasture grass, bluegrass, trees, shrubs and flowerbeds. Consequently, additional augmentation water will be required. Based on the enlarged area of irrigation and corrected consumptive use rate, the annual irrigation demand would be 1.49 acre-ft. A table of the water diversion and depletions requirements is attached and incorporated herein as Table 1. The original decree for the plan for augmentation used a consumptive use rate of 1.58 acre-ft. per acre. This consumptive use analysis was erroneous as the Modified Blaney Criddle Method with the Pochop Altitude Adjustment for the property’s location and type of irrigation sets the consumptive use rate as 1.84 acre-ft. per acre. See Table 2, attached and incorporated herein. The additional out of priority irrigation depletions will be replaced with BWCD water. Applicant has applied for an amendment to its existing BWCD Contract No. 405(a), which currently provides for 0.8 acre-feet of storage releases, to provide the additional replacement water. Under the amended contract, an additional 1.2 acre-ft. of storage releases will be used to offset potential out-of-priority depletions. A BWCD contract for a total of 2.0 acre ft. of storage releases will replace all out of priority depletions, while also allowing for a ten percent transit loss. A Dry Year Operational Analysis, showing the anticipated depletions and storage releases, is attached and incorporated herein as Table 3. In the event of a minimum streamflow call on the Roaring Fork River above the Frying Pan River confluence, Applicant will cease diversions from the Gibson Pump & Pipeline. Name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW70 GARFIELD COUNTY; ROARING FORK RIVER. Four Mile Ranch Homeowners Association c/o Loyal E. Leavenworth, Esq. and Michael J. Sawyer, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence and Application to Make Conditional Water Rights Absolute. First Claim: Application to Make Conditional Water Right Absolute and for Finding of Reasonable Diligence. Name of structure: Four Mile Ranch Company Well No. 1. Date of original decree: October 29, 1982, in Case No. 79CW207, District Court, Water Div. 5. Location: Tie from point of diversion to South Quarter Corner, Section 27, T. 6 S., R. 89 W., 6th P.M., N. 82deg31' W., 1,304 feet. In Case No. 04CW67, the legal description was changed as follows: Four Mile Ranch Company Ranch Well No. 1 is located in the NE1/4 NW1/4 of Section 34, Township 6 South, Range 89 West of the 6th P.M., 433 feet from the North section line and 2,209 feet from the West section line. Source: Groundwater tributary to an unnamed tributary to the Roaring Fork River. Appropriation date: 11/26/1979. Amount: 0.275 c.f.s., (125 g.p.m.), conditional. Use: Irrigation, municipal, domestic, fire protection and recreation. In Case No. 04CW67, pond filling uses for the Four Mile Ranch Company Well No. 1 was added for filling the Four Mile Ranch Pond Nos. 1 - 6. Municipal and recreation uses for the Four Mile Ranch Company Well No. 1 were abandoned in Case No. 04CW67. A copy of the well permit, well construction report, and pump installation and test report are attached as Exhibit A. (All Exhibits referenced in this resume are on file with the Water Court.) Diligence on the Four Mile Ranch Company Well No. 1 was previously granted in Case Nos. 90CW30, 95CW358 and 02CW167, Water Div. 5. Claim to make absolute: Date water first applied to beneficial use: 10/19/1999. Amount of water applied to beneficial use: 0.06 c.f.s. (26 g.p.m.) Depth of well: 110 feet. Use: Irrigation, domestic, fire protection and pond filling of the Four Mile Ranch Pond Nos. 1 - 6. Description of place of use where water is applied to beneficial use: Four Mile Ranch Subdivision, Garfield County, Colorado. Location of well and place of irrigation: The location of the
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Four Mile Ranch Company Well No. 1 is depicted on Exhibit B. The location of irrigation use for the Four Mile Ranch Company Well No. 1 is the Four Mile Ranch Subdivision depicted on Exhibit C. Claim for diligence: Applicant requests a finding of diligence for.215 c.f.s. (99 g.p.m.), conditional, for the Four Mile Ranch Company Well No. 1 for irrigation, domestic, fire protection and pond filling of the Four Mile Ranch Pond Nos. 1 - 6. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit D. Second Claim: Application to Make Conditional Water Right Absolute and for Finding of Reasonable Diligence. Name of structure: Four Mile Ranch Company Well No. 2. Date of original decree: October 29, 1982, in Case No. 79CW207, District Court in and for Water Div. 5. Location: Tie from point of diversion to South Quarter Corner, Section 27, T. 6 S., R. 89 W., 6th P.M., S. 88deg41' W., 1,304 feet. In Case No. 04CW67, the legal description was changed as follows: Four Mile Ranch Company Ranch Well No. 2 is located in the NE1/4 NW1/4 of Section 34, Township 6 South, Range 89 West of the 6th P.M., 380 feet from the North section line and 2,100 feet from the West section line. Source: Groundwater tributary to an unnamed tributary to the Roaring Fork River. Appropriation date: 11/26/1979. Amount: 0.275 c.f.s., (125 g.p.m.), conditional. Use: Irrigation, municipal, domestic, fire protection and recreation. In Case No. 04CW67, pond filling uses for the Four Mile Ranch Company Well No. 2 was added for filling the Four Mile Ranch Pond Nos. 1 - 6. Municipal and recreation uses for the Four Mile Ranch Company Well No. 2 were abandoned. A copy of the well permit, well construction report, and pump installation and test report are attached as Exhibit E. Diligence on the Four Mile Ranch Company Well No. 2 was previously granted in Case Nos. 90CW30, 95CW358 and 02CW167, Water Div. 5. Claim to make absolute: Date water first applied to beneficial use: 11/9/2004. Amount of water applied to beneficial use: 0.1114 c.f.s. (50 g.p.m.) Depth of well: 140 feet. Use: Irrigation, domestic, fire protection and pond filling of the Four Mile Ranch Pond Nos. 1 - 6. Description of place of use where water is applied to beneficial use: Four Mile Ranch Subdivision, Garfield County, Colorado. Location of well and place of irrigation: The location of the Four Mile Ranch Company Well No. 2 is depicted on Exhibit B. The location of irrigation use for the Four Mile Ranch Company Well No. 2 is the Four Mile Ranch Subdivision depicted on Exhibit C. Claim for diligence: Applicant requests a finding of diligence for 0.1636 c.f.s. (75 g.p.m.), conditional, for the Four Mile Ranch Company Well No. 2 for irrigation, domestic, fire protection and pond filling of the Four Mile Ranch Pond Nos. 1 - 6. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit D. Third Claim: Application for Finding of Reasonable Diligence. Name of structure: Four Mile Ranch Company Well No. 3. Date of original decree: October 29, 1982, in Case No. 79CW207, District Court in and for Water Div. 5. Location: Tie from point of diversion to South Quarter Corner, Section 27, T. 6 S., R. 89 W., 6th P.M., S. 80deg07' W., 1,304 feet. In Case No. 04CW67, the legal description was changed as follows: Four Mile Ranch Company Ranch Well No. 3 is located in the SE1/4 SW1/4 of Section 27, Township 6 South, Range 89 West of the 6th P.M., 925 feet from the South section line and 2,380 feet from the West section line. Source: Groundwater tributary to an unnamed tributary to the Roaring Fork River. Appropriation date: 11/26/1979. Amount: 0.275 c.f.s., (125 g.p.m.), conditional. Use: Irrigation, municipal, domestic, fire protection and recreation. In Case No. 04CW67, pond filling uses for the Four Mile Ranch Company Well No. 3 was added for filling the Four Mile Ranch Pond Nos. 1 - 6. Municipal and recreation uses for the Four Mile Ranch Company Well No. 3 were abandoned. Diligence on the Four Mile Ranch Company Well No. 3 was previously granted in Case Nos. 90CW30, 95CW358 and 02CW167, Water Div. 5. Claim for diligence: Applicant requests a finding of diligence for 0.275 c.f.s. (125 g.p.m.), conditional, for the Four Mile Ranch Company Well No. 3 for irrigation, domestic, fire protection and pond filling of the Four Mile Ranch Pond Nos. 1 - 6. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit D. Fourth Claim: Application for Finding of Reasonable Diligence. Name of structure: Four Mile Ranch Company Well No. 4. Date of original decree: October 29, 1982, in Case No. 79CW207, District Court in and for Water Div. 5. Location: Tie from point of diversion to South Quarter Corner, Section 27, T. 6 S., R. 89 W., 6th P.M., S. 24deg20' E., 1,383 feet. Source: Groundwater tributary to an unnamed tributary to the Roaring Fork River. Appropriation date: 11/26/1979. Amount: 0.165 c.f.s., (75 g.p.m.), conditional. Use: Irrigation, municipal, domestic, fire protection and recreation. Diligence on the Four Mile Ranch Company Well No. 4 was previously granted in Case Nos. 90CW30, 95CW358 and 02CW167, Water Div. 5. Claim for diligence: Applicant requests a finding of diligence for 0.165 c.f.s. (75 g.p.m.), conditional, for the Four Mile Ranch Company Well No. 4 for irrigation, municipal domestic, fire protection and recreation. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit D. Fifth Claim: Application to Make Conditional Water Rights Absolute and for Finding of Reasonable Diligence. Name of structure: Four Mile Ranch Company Reservoir. Date of original decree: October 29, 1982, in Case No. 79CW207, District Court in and for Water Division No. 5. Location: The east abutment is located at a point whence the Southeast Corner of Section 27, Township 6 South, Range 89 West of the 6th P.M. bears South 67deg53' East 3,320 feet. Source: Diversion either from the Four Mile Ranch Company Well Nos. 1 through 4 or from the flows of Four Mile Creek. Appropriation date: 11/26/1979. Amount: 10 AF, conditional. Use: Irrigation, municipal, domestic, fire protection and recreation, either directly or by exchange. In Case No. 04CW067, municipal use for the Four Mile Ranch Company Reservoir was abandoned. In Case No. 04CW067, 5.99 AF of the 10.0 AF decreed to the Four Mile Ranch Reservoir was changed to be stored in the Four Mile Ranch Pond Nos. 1- 6, depicted on Exhibit F and described as follows: Surface Area, Depth and Storage:
Four Mile Ranch Pond No.
Surface Area (Square Feet)
Surface Area (Acres)
Average Depth (Feet)
Dead Storage (Acre Feet)
Active Storage (Acre Feet)
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1 13,438 0.308 3 0.67 0
2 9,271 0.213 5 0.05 1.03
3 11,913 0.273 3 0.92 0
4 10,779 0.247 3 1.11 0
5 10,264 0.236 3 0.77 0
6 17,886 0.411 3 1.44 0
Total 73,551 1.688 4.96 1.03 Legal Descriptions: *All distances reference Section 27, T6S, R89W, County of Garfield, State of Colorado North South centerline established between the found N 1/4 corner of Section 27 and the found S 1/4 corner of Section 27.
Pond # Distance from North/South CL of Section 27 (FT)
Distance from South Line Section 27 (FT)
1 659' (W) 1,721' (N)
2 564' (W) 1,125' (N)
3 621' (W) 991' (N)
4 679' (W) 651' (N)
5 756' (W) 478' (N)
*All distances reference Section 34, T6S, R89W, County of Garfield, State of Colorado North South centerline established between the found N 1/4 corner of Section 34 and the S 1/4 corner of Section 34. Pond #
Distance from North/South CL of Section 34 (FT)
Distance from South Line Section 34 (FT)
6 584' (W) 21' (N) Claim for diligence: Applicant requests a finding of diligence for 4.01 acre-feet, conditional, for the Four Mile Ranch Reservoir for irrigation, domestic, fire protection and recreation uses. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit D. Claim to make absolute for the Four Mile Ranch Reservoir as changed to the Four Mile Ranch Pond Nos. 1 through 6: Date water first applied to beneficial use: June 30, 2005. Amount of water applied to beneficial use: 5.99 AF. Use: Irrigation, domestic, fire protection and recreation. Description of place of use where water is applied to beneficial use: Four Mile Ranch Subdivision, Garfield County, Colorado, as depicted on Exhibit C. The structures referenced in this Application are located on Property owned by Applicant and the following parties: Four Mile Ranch Well No. 1: Jeffrey and Toni Hecksel, 424 Red Cliff Circle, Glenwood Springs, CO 81601. Four Mile Ranch Well No. 2: Jeffrey and Toni Hecksel, 424 Red Cliff Circle, Glenwood Sprngs, CO 81601. Four Mile Ranch Well No. 3: Jason and Sonya Turner, 50 Red Cliff Circle, Glenwood Springs, CO 81601. Four Mile Ranch Well No. 4: Michael B. Dollahan, 962 Sun King Drive, Glenwood Springs, CO 81601. Four Mile Ranch Pond No. 1: Ronald and Bonnie Radtke, 2199 Cardinal Court, Gurnee, IL 60032, Richard Allan Moore and Jane McKee, P. O. Box 676286, Rancho Santa Fe, CA 92067 and Jose and Amelia Sanchez, P.O. Box 209, Silt, CO 81652. Four Mile Ranch Pond No. 2: Kenneth and Phyllis Groff, 39 N. Warrington Road, Des Plaines, IL 60016, Richard Allan Moore and Jane McKee, P.O. Box 676286, Rancho Santa Fe, CA 92067 and Jason and Sonya Turner, 50 Red Cliff Circle, Glenwood Springs, CO 81601. Four Mile Ranch Pond No. 3: Jason and Sonya Turner, 50 Red Cliff Circle, Glenwood Springs, CO 81601 and Hagemann Builders, Inc., P.O. Box 1692, Glenwood Springs, CO 81601. Four Mile Ranch Pond No. 4: Natasha and Clark Cole, 0170 Fairway Lane, Glenwood Springs, CO 81601 and Sean and Shauna De Moraes, 498 Red Cliff, Glenwood Springs, CO 81601. Four Mile Ranch Pond No. 5: Sean and Shauna De Moraes, 498 Red Cliff, Glenwood Springs, CO 81601 and Olie Pirzadeh, 4982 Sentinel Drive No. 502, Bethesda, MD 20816. Four Mile Ranch Pond No. 6: Janice Over and Gary and Lori Harada, 10 Brittany Drive, Oakwood Hills, IL 60013, Catherine and Frank Podest, 0070 Deer Park Court, Glenwood Springs, CO 81601 and Jeffrey and Toni Hecksel, 424 Red Cliff Circle, Glenwood Springs, CO 81601. (22 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the
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applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 09CW71 GARFIELD COUNTY, Application for Findings of Reasonable Diligence. Name, address, and telephone number of Applicant:Mark and Katherine Cesark, 2130 County Road 102, Carbondale, CO 81623, 970-704-1830.c/o Sherry A. Caloia, Sherry A. Caloia, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Name of well: MKC Well No. 1 Location: SW¼ NW¼ of Sec 28, T 7 S, R 87 W of the 6th P.M., at a point 1370 feet from North and 1200 feet from the West Section line, more or less, in Garfield County, Colorado. Source: groundwater trib to Roaring Fork, trib to Colorado River. Depth: approx 200 feet. Appropriation date: August 25, 2000. Amount: 15 g.p.m. (0.033 c.f.s.), cond. Uses: domestic, livestock and irrigation. Name and address of owner of land upon which well and places of use are located: Applicant. The Application contains a detailed outline of work done during the diligence period toward the development of the subject water right. (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 04CW202 IN PITKIN AND EAGLE COUNTIES, Colorado. First Amended Application for Approval of a Plan for Augmentation and Exchange. Concerning the Application for Water Rights of the Wildcat Ranch Association and the Snowmass Water and Sanitation District. In Pitkin and Eagle Counties Colorado. District Court, Water Division No. 5, State of Colorado, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of Co-Applicants: Wildcat Ranch Association (“Wildcat”), c/o William R. Hegberg, P.O. Box 274, Snowmass, Colorado 81654. Snowmass Water and Sanitation District (“Snowmass”), Attn: Kit Hamby, District Manager, P.O. Box 5700, Snowmass Village, CO 81615, (970) 923-2056. The parties will be collectively referred to as “Co-Applicants.” Direct all pleadings to: Glenn E. Porzak, Kristin Howse Moseley, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. Peter D. Nichols, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, (303) 861-1963. Mark Hamilton, Holland & Hart LLP, 600 East Main, Suite 104, Aspen, Colorado 81611, (970) 925-3476.2. Description of water right to be augmented by exchange: A. By Water Agreement dated May 20, 1994, among the Co-Applicants, the Town of Snowmass Village, and the Aspen Skiing Company, Wildcat has the contractual right to the delivery of up to 150 acre-feet per year from the following described water right: (1) Original Decree: Christensen Ditch No. 1, aka Christiansen Ditch No. 1, decreed by the District Court in and for Garfield County, Civil Action No. 4033, on October 24, 1952. Original Decreed Location: On the East Bank of Snowmass Creek whence the North quarter corner of Section 9, Township 10 South, Range 86 West of the Sixth P.M. bears North 42 degrees 11' East 8,430.1 feet. Source: Snowmass Creek, tributary to the Roaring Fork River. Amount: 15.26 cfs conditional. Appropriation Date: October 3, 1950. Original Decreed Use: irrigation. (2) Change in Point of Diversion, Use, and Time of Use: By decree of the District Court in and for Water Division No. 5 (“Water Court”) in Case No. W-101, 7.5 cfs of the 15.26 cfs was changed to year-round municipal, recreation, irrigation, and industrial uses, up to a total of 450 consumptive acre-feet. By decree of the Water Court entered in Case No. 02CW322, 6 cfs of said 7.5 cfs was made absolute and the remaining 1.5 cfs was continued as conditional. In Water Court Case No. 94CW348, the remaining 7.76 cfs was abandoned. (3) Change in Point of Diversion: By decree of the Water Court in Case No. 93CW43, the original point of diversion was changed to include two additional points of diversion: the Wildcat Ranch Diversion, at or within 500 feet of a point on the East Bank of Snowmass Creek whence the Northeast corner of Section 3, Township 10 South, Range 86 West of the Sixth P.M. bears South 34 degrees 08' East 4225 feet; and the Snowmass Creek Pipeline, at a point on the East Bank of Snowmass Creek whence the Southeast corner of Section 3, Township 10 South, Range 86 West of the Sixth P.M. bears South 57 degrees 34' East 3417 feet. B. Snowmass owns the Christensen Ditch No. 1, aka Christiansen Ditch No. 1, water right described in paragraphs 2(A)(1)(2) and (3) above subject to Wildcat’s contractual right to the delivery of up to 150 acre-feet of water per year from such right as described in paragraph 2(A) above. 3. Description of the water right to be used as the source of augmentation water by exchange: (A)By Wildcat: Ruedi Reservoir, decreed in the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of the Water Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 acre-feet. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, Township 8 South, Range 84 West, of the Sixth P.M., in Eagle and
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Pitkin Counties, and derives its water supply from the Fryingpan River. Wildcat has Contract No. 009D6C0061 issued by the U.S. Bureau of Reclamation entitling it to the release of 100 acre-feet annually from Ruedi Reservoir for municipal, industrial, and augmentation uses. Wildcat is also seeking the contract right to delivery of an additional 50 acre-feet of Ruedi Reservoir water from the U.S. Bureau of Reclamation. (B) By Snowmass: The so-called Colorado River Supply of the Colorado River Water Conservation District's (“River District”) Colorado River Water Projects Enterprise’s (“Enterprise”) portion and share of the yield of Wolford Mountain Reservoir, located on Muddy Creek, a tributary of the Colorado River, for which storage water right decrees were obtained by the River District in Cases No. 87CW283, 95CW281, and 98CW237, District Court for Colorado Water Division No. 5, and for which additional storage water right decrees may be obtained in the future by the River District, and the Enterprise’s yield from Ruedi Reservoir, located on the Fryingpan River, a tributary of the Roaring Fork River/Colorado River system, decreed as described in paragraph (A) above, pursuant to existing and anticipated future contracts between the Enterprise and the U.S. Bureau of Reclamation. The River District has Contract Nos. 009D6C0118, 009D6C0111, 039F6C0011, and 079D6C0106 issued by the U.S. Bureau of Reclamation entitling it to the release of 6,730 acre-feet annually from Ruedi Reservoir for municipal and industrial uses. Snowmass will contract with the River District for up to 100 acre-feet annually for augmentation uses. 4. Description of the plan for augmentation and exchange: (A) By Co-Applicant Wildcat: By this application, Wildcat seeks the right to divert out of priority Wildcat’s contractual right to the delivery of up to 150 acre-feet per year from the water right described in paragraph 2(A) above for irrigation uses. (1) Augmentation Plan. To permit the requested out-of-priority irrigation diversions, Wildcat proposes to cause the release of or otherwise commit to the Roaring Fork and Colorado Rivers up to 150 acre-feet of water from the Ruedi Reservoir contract water described in paragraph 3(A) above. (2) Depletion Assumptions. To determine the amount of depletions resulting from the out-of-priority irrigation diversions augmented pursuant to this plan, it shall be assumed that, for each acre of irrigated land, water will be consumed at an irrigation efficiency of 75%. (3) Exchange Plan Reach and Rate. Wildcat seeks approval of a plan to augment by exchange out-of-priority irrigation diversions of Wildcat’s contractual right to the delivery of up to 150 acre-feet per year from the water right described in paragraph 2(A) above. The downstream terminus of the exchange is the confluence of the Fryingpan and Roaring Fork Rivers. The upstream termini of the exchange are the decreed points of diversion of the Christensen Ditch No. 1 described in paragraph 2 above. The maximum rate of exchange is 4 cfs. (4) Priority Date. A July 3, 2000 priority date is sought in connection with the first 100 acre-feet of the subject plan for exchange which is the date of Wildcat’s original contract for Ruedi Reservoir water. Wildcat seeks a May 29, 2009 priority date with regard to the last 50 acre-feet of the subject plan for exchange which is the date of filing of this amended application. (B) By Co-Applicant Snowmass: By this application, Snowmass seeks the right to divert out of priority Snowmass’ water right described in paragraph 2 above, up to a maximum of 100 consumptive acre-feet per year. (1) Augmentation Plan. To permit the requested out-of-priority diversions, Snowmass proposes to cause the release of or otherwise commit to the Roaring Fork and Colorado Rivers up to 100 acre-feet of water from one or more contracts with the Colorado River District, as described in paragraph 3(B) above. (2) Exchange Plan Reach and Rate. Snowmass seeks approval of a plan to augment by exchange out-of-priority diversions of Snowmass’ water right described in paragraph 2(B) above. The downstream terminus of the exchange is the confluence of the Colorado and Roaring Fork Rivers. The upstream termini of the exchange are the decreed points of diversion of the Christensen Ditch No. 1 described in paragraph 2 above. The maximum rate of exchange is 4 cfs. (3) Depletion Assumptions. To determine the amount of depletions resulting from the out-of-priority irrigation diversions augmented pursuant to this plan, it shall be assumed that in-house use is 5% efficient, and irrigation efficiency is 80%. (4) Priority Date. A June 17, 2009 priority date is sought in connection with the subject plan for exchange, which is the date Snowmass’s Board authorized this Application. 5. Measurement Devices. So as to ensure the operation of the augmentation and exchange plan, the Co-Applicants will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation and exchange water equals or exceeds the amount of out-of-priority depletions resulting from the use of water under the claimed plan for augmentation and exchange. 6. Operation of Exchange. The exchange or any portion thereof described herein shall only operate in priority, and shall only operate at times and to the extent that all existing decreed instream flows located within the pertinent exchange stream reaches are being satisfied. WHEREFORE, Co-Applicants request that this Court enter a decree that: 1. Approves the plan for augmentation and exchange described in paragraph 4; and 2. Finds that as a result of the plan for augmentation and exchange, there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. (10 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009.
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06CW278 PITKIN COUNTY, Coal Creek, tributary to Crystal River. John L. Morris, c/o Scott A. Grosscup, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. SECOND AMENDMENT TO APPLICATION. This application seeks approval of conditional surface water rights and conditional water storage rights located on Applicant’s property as claimed in the Application. The Application was filed on December 29, 2006 and Amended on July 31, 2007 to correct the legal descriptions for several of the water rights. Applicant seeks approval of a plan for aug. to replace out-of-priority depletions. Structures: Applicant proposes to augment the cond. water storage rights initially claimed in the Application as Amended and depicted on Exhibit A attached to the Application. Coal Creek Pond No. 1, located in the SW¼ of the SW¼ of Sec. 11, T. 10 S., R. 89 W. of the 6th P.M.; 1,060 feet from the S. section line and 590 feet from the W. section line of said Section 11. Coal Creek Pond No. 2, located in the SW¼ of the SW¼ of Sec. 11, T. 10 S., R. 89 West of the 6th P.M.; 990 feet from the S. section line and 250 feet from the W. section line of said Sec. 11. Lamphouse Pond, located in the NW¼ of the NW¼ of Sec. 15, T. 10 S., R. 89 West of the 6th P.M.; 180 ft. from the N. section line and 850 ft. from the W. section line of said Sec. 15. Dutch Creek Pond. No. 1, located in the NE¼ of the NW¼ of Sec. 15, T. 10 S., R. 89 W. of the 6th P.M.; 630 ft. from the N. section line and 1,500 ft. from the W. section line of said Sec. 15. Dutch Creek Pond No. 2, located in the NW¼ of the NE¼ of Sec. 15, T. 10 S., R. 89 W. of the 6th P.M.; 700 ft. from the N. section line and 2,200 ft. from the E. section line of said Sec. 15. Dutch Creek Pond No. 3, located in the NE¼ of the NE¼ of Sec. 15, T. 10 S., R. 89 W. of the 6th P.M.; 150 ft. from the N. section line and 20 ft. from the E. section line of said Sec. 15. Coal Creek Overlook Pond, located in the SE¼ of the SE¼ of Sec. 10, T. 10 S., R. 89 W. of the 6th P.M.; 300 ft. from the S. section line and 430 ft. from the E. section line of said Sec. 10. Applicant will replace out-of-priority depletions using a combination of: (A) water obtained through a contract with the West Divide Water Conservancy District (WDWCD); and (B) storage releases from the Coal Creek Aug. Pond: Contract Water. Applicant will apply for an allot. contract from WDWCD, in amt. of up to 15 a.f. to augment out-of-priority evaporative depletions. Water will also be released from one or more of the reservoirs, for which WDWCD has agreements providing for such releases. Wolford Mountain Reservoir. (1) Wolford Mountain Res. has the following water rights decreed by the Dist. Ct., W.D. 5: (i) Case No. 87CW283: Decree date: November 20, 1989, Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M., Source: Muddy Creek and its tributaries, Amt.: 59,993 a.f. cond.; made absolute in Cases No. 95CW251and 02CW107, Approp. Date: December 14, 1987, Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses; use to meet the water requirements of the inhabitants of the River District for all uses. (ii) Case No. 95CW281: Decree Date: August 26, 1997, Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M., Source: Muddy Creek and its tributaries, Amt.: 6,000 a.f., cond., Approp. Date: January 16, 1995, Use: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, aug., or exchange. (ii) Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries. Amt.: 30,000 a.f, cond. with 15,895 a.f. being absolute for recreational and piscatorial and flood control. Approp. Date: November 17, 1998.Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283 and Case No. 95CW281, Dist. Ct., W.D. 5. (2) Ruedi Reservoir.(i) Legal description of place of storage: Ruedi Reservoir is located in Sec. 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties.The dam axis intersects the right abutment at a point whence the SW corner of Sec. 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82E10'W. a dist. of 1,285 ft. (ii) Source: Fryingpan River. (iii) Previous storage decrees: C.A. No. 4613: Decree Date: June 20, 1958. Court: Garfield Co. Dist. Ct. Amt.: 140,697.3 a.f., reduced to 102,369 a.f. pursuant to order of the Water Court in Case No. W-789-76. The full amt. was made absolute in Case No. 88CW85. Approp. Date: July 29, 1957. Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. (b) Case No. 81CW34: Decree Date: April 8, 1985. Court: Dist. Ct. W.D. 5. Amt.: 101,280 a.f. (refill); 69,766 a.f. made absolute in Cases No. 95CW95 and 01CW269. Approp. Date: Jan. 22, 1981. Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. (3) Green Mountain Reservoir: Legal Description: Green Mountain Reservoir is an on-channel reservoir located in all or parts of Sec. 11, 12, 13, 14, 15 and 24, T. 2S, R. 80 W. and Sec. 17, 18, 19, 20, 21, 28, 29, 33, and 34, T. 2 S. R. 80 W. of the 6th P.M. The Reservoir is located in Summit Co. Source: Blue River and all trib. of the Blue River upstream from the dam and Elliot Creek by means of its diversion canal, all of which are within the Colorado River Basin. Approp. Date: August 1, 1935. Adjud. Date: October 12, 1955, Case No. 2782, 5016 and 5017, U.S. Dist. Ct., Dist. of Colorado. Amt: 154,645 a.f. Uses: Storage to supply water for use as replacement water for senior downstream diversion rights, hydroelectric power generation, irrigation, municipal/domestic, and industrial uses. B. Creek Augmentation Pond: Located in the SE¼ of the SE¼ of Sec. 10, T. 10 S., R. 89 W. of the 6th P.M.; 1,220 ft. from the S. section line and 500 ft. from the E. section line of said Sec. 10. Its source is Coal Creek and fills using the Upper Coal Creek Diversion, with an approp. date of: December 6, 2004. Amt. and uses: 15 AF, cond., to be filled and refilled in-priority for: aug., fire fighting, piscatorial, aesthetic, wildlife watering and recreational uses. Plan of Augmentation: This plan for augmentation considers calls originating in the Coal Creek basin, Crystal River and Colorado River and replaces evaporative losses from the ponds described above from releases made from the Coal Creek Augmentation Pond. A. The total water surface area of the ponds to be aug. is 12.0 acres. Evaporative losses from the ponds described above are estimated to total 31 a.f. Evaporative losses from the Coal Creek Augmentation Pond will not be aug. B. This plan for aug. considers the historical call
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period for Coal Creek, the Crystal River, and Colorado River. Historically, none of the senior rights on Coal Creek have placed a call as there have been sufficient water to meet the demands of those senior diverters. In the event a call is placed in the future on Coal Creek or the Crystal River, water stored in the Coal Creek Augmentation Pond will be released to replace out of priority depletions from the water storage rights described above. When a call is placed on the Colorado River, and where senior water rights on the Crystal River and Coal Creek are otherwise satisfied, Applicant will cause contract releases from WDWCD’s sources to be made to satisfy such a call. The following table describes the anticipated amount, based upon the contemplated development in acre feet, probable call location, and the anticipated timing of depletions and replacements covered by this plan for augmentation as more fully described below:
Month Evaporation in AF Call Location WDWCD Release (AF)
Coal Creek Augmentation
Pond Release (AF)
End of Month Pond Volume
January 0.00 Crystal 0.0 0.0 3.28
February 0.00 Crystal 0.0 0.0 3.28
March 0.00 Crystal 0.0 0.0 3.28
April 3.33 Colorado 3.33 0.0 2.86
May 4.63 None 0.0 0.0 15.00
June 5.74 None 0.0 0.0 15.00
July 5.92 Colorado 6.66 0.0 15.00
August 4.81 Crystal 0.0 4.81 9.59
September 4.07 Crystal 0.0 4.07 5.01
October 2.78 Colorado 1.39 1.39 3.28
November 0.00 Crystal 0.0 0.0 3.28
December 0.00 Crystal 0.0 0.0 3.28
Total 11.38 10.27
Except as amended herein, the Application as filed on July 31, 2007 remains unchanged. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 07CW242 RIO BLANCO COUNTY - PICEANCE CREEK, TRIBUTARY TO THE WHITE RIVER, AND THE WHITE RIVER. 1. Name, address and telephone number of Applicant: Puckett Land Company (“Puckett”) Attn: Matthew A. Wurtzbacher, President, 5460 S. Quebec Street, #250, Greenwood Village, CO 80111-1917 (303) 763-1000. Send copies of pleadings to Peter D. Nichols and Douglas M. Sinor, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203 303-861-1963. FIRST AMENDMENT TO APPLICATION. 2. Purpose of amendment: The original application filed in this case requested confirmation of conditional water rights associated with diversion points identified as PLC-1, PLC-2, and PLC-3. The purpose of this amendment is to add the Pat Reigan Ditch headgate as an alternate point of diversion for the PLC-3 conditional water right described in the original application. The amount claimed at the alternate point of diversion is 8.24 cfs, conditional. No other changes to the original application or to the water rights claimed for PLC-1 and PLC-2 diversions are requested. 3. Name of structure: PLC-3. A. Legal description of the point of diversion: In the NW 1/4 SE 1/4 of Section 2, T1S, R97W, 6th P. M., at a point on the West bank of Piceance Creek, 1750 feet West of the East Section Line and 1930 feet North of the South Section Line of said Section 2
JUNE 2009 RESUME WATER DIVISION 5
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in Rio Blanco County, as shown on Exhibit A. B. Source: Piceance Creek tributary to the White River. C. Appropriation: i. Date of initiation of appropriation: December 28, 2007. ii. How appropriation was initiated: By formation of intent to appropriate together with overt acts manifesting a first step toward appropriation, including but not limited to adoption of a corporate resolution, field investigation, and posting of public notice of appropriation signs at or near the proposed diversion points. D. Amount Claimed: 8.24 cfs, conditional. E. Use: Industrial and commercial, including but not limited to energy exploration and development, mining, irrigation, domestic and stock watering within the Piceance Creek and White River basins. F. Number of acres irrigated: 60 acres as shown on Exhibit B. i. Legal description of acreage: Pasture in Rio Blanco County West and East of Piceance Creek in Sections 2 and 11, T1S, R97W, 6th P. M. G. Name and address of owner of land upon which any structure is located: Applicant. 4. Alternate point of diversion: A. Name of structure: Pat Reigan Ditch. B. Legal description of headgate location. The decreed location of the Pat Reigan Ditch headgate is the east side of Piceance Creek about eleven miles from its mouth. Applicant’s engineers estimate that the headgate is located in the NW ¼ of the SE ¼ of Section 2, T 1 S, R 97 W, of the 6th PM, 1490 feet north of the south line and 1950 feet west of the east line of Section 2, as shown on Exhibit C; UTM Zone 12-S, N 735031 m. E 4430375 m. C. Source: Piceance Creek, tributary to the White River. D. Date of initiation of appropriation and how appropriation was initiated: same as described for PLC-3 in paragraph 3.C above. E. Amount claimed: 8.24 cfs, conditional. F. Uses: same as described for PLC-3 in paragraph 3.E above. 5. Name and address of owner of the land upon which any new diversion structure or modification to diversion structure is or will be constructed: Applicant. (4 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2009. 08CW05 MESA COUNTY. UNNAMED TRIBUTARY TO THE COLORADO RIVER. Applicants: Robert G. Wilson,1550 10 ½ Road, Mack, Colorado 81525, (970) 858-8610; Gregory K. Hoskin, 411 Rio Vista Road, Grand Junction, Colorado 81503, (970) 242-8603; G. Allen Reid 1172 O Road, Loma, Colorado 81524, (970) 858-8210. Attorney for Applicants: Andrew H. Teske, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. Name of structure: Roots Diversion No. 1. Type of application: Application to Make Absolute. Source: An unnamed tributary to the Colorado River. Original Decree: 95 CW 028, Water Division No. 5, August 28, 1995. Location: SE¼ SW¼ NW¼ Section 20 Township 2N Range 3W of the Ute Principal Meridian at a point lying 3280 ft. from the South and 4280 ft. from the East section lines. Type of Use: filling of Roots Reservoir. Appropriation Date: February 17, 1995. Quantity: 4 c.f.s. Name and address of owners of land on which structure is located: Robert G. Wilson,1550 10 ½ Road, Mack, Colorado 81525; Gregory K. Hoskin, 411 Rio Vista Road, Grand Junction, Colorado 81503; G. Allen Reid, 1172 O Road, Loma, Colorado 81524. (2 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
