DIVISION 5 WATER COURT- DECEMBER 2012 RESUME 1. … · division 5 water court- december 2012 resume 1. pursuant to c.r.s., §37-92-302, as amended, you are notified that the following

DIVISION 5 WATER COURT- DECEMBER 2012 RESUME

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES

COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER

CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2012. The water right claimed by this

application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected

rights must appear to object and protest within the time provided by statute, or be forever barred.

12CW167 GRAND COUNTY- WILLOW CREEK, A TRIBUTARY TO THE COLORADO RIVER. Rio Colorado LLC, 400

Travis Street, Suite 1510, Shreveport, LA 71101. Horn Ditch #1- APPLICATION FOR A SIMPLE CHANGE IN A SURFACE

POINT OF DIVERSION PURSUANT TO C.R.S.§37-92-305(3.5). Description of the Water Right to be Changed-The Horn Ditch #1

was originally decreed on January 14, 1957 in Case No. CA1175. Decreed Location: NE ¼NW ¼ Section 21, T2N, R76W of the 6th

PM at a point whence North quarter corner Section 21, T2N, R76W of the 6th

PM, bears North 17° 12’ East 1190 feet. Appropriation

Date: July 1, 1936. Amount: 6.24 c.f.s., absolute. 4.24 c.f.s. for irrigation of land and stockwatering and 6.24 for domestic is listed as

abandoned on the DE Revised Abandonment List dated 19Dec11.Uses: Irrigation, stockwatering, and domestic. Amount Subject to

Requested Change: 2 c.f.s. absolute, for irrigation and stockwatering. Description of the Change in Water Right-Applicant seeks to

change the diversion point for the Horn Ditch #1 to the following location SE ¼NW ¼ of Section 21, T2N, R76W of the 6th

P.M. at a

point 2409 feet from the West Section Line, 1535 feet from the North Section Line, and 282 feet from the North-South Center of

Section Line. The original decreed location of the subject water rights has become unstable due to recent flooding and gradual changes

in the path of the creek. Pursuant to C.R.S.§37-92-305(3.5), Applicant seeks a simple change in decreed point of diversion to relocate

to a more stable reach of Willow Creek downstream. There are no intervening surface water diversion points or instream flows within

the change reach. Other than the change in surface diversion point, no other changes are requested. The requested change moves the

point of diversion approximately 470 feet downstream from the original point of diversion and will not result in the diversion of

greater flow rate or amount than has been previously decreed. Name and address of the Owner of the Land on which the Subject

Absolute Water Right is Located-Tom and Kathleen O/Connor, 2372 Eudora Street, Denver, Colorado 80207-3213. Name and address

of the Owner of the Land onto which the Subject Absolute Water Right would be Moved-Applicant. WHEREFORE Applicant

requests that the Water Court issue a final decree that (i) approves the simple change of water right as described, and (ii) provides such

other relief as may be appropriate and consistent with this application. (7 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2013 to file with the Water Clerk a

verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be

granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the

applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,

CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO

81601.






12CW168(05CW194) MESA COUNTY- GROUNDWATER TRIBUTARY TO BUZZARD CREEK, TRIBUTARY TO

PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Larry R. Vandegrift; 17492 Kimball Creek Rd.; Collbran, CO

81624. (970)270-3871. Vandegrift Well & Vandegrift Pond-Application for Finding of Reasonable Diligence and to Make Absolute in

Whole or in Part. Decreed Locations: Vandegrift Well- NW¼SE¼ of Sec. 23, T.9S, R.95W. of the 6th

P.M. 2,400 ft. from the south

sec. line and 1,650 ft. from the east sec. line. Vandegrift Pond- NW¼SE¼ of Sec. 23, T.9S, R.95W. of the 6th

P.M. 2,500 ft. from the

south sec. line and 1,700 ft. from the east sec. line. Appropriation for both structures: Sept. 30, 2005. Amount: Vandegrift Well- 10.0

g.p.m., absolute/5.0 g.p.m., conditional. Vandegrift Pond-0.43 a.f., absolute. Uses: Vandegrift Well- Household use within a single-

family dwelling. Vandegrift Pond- piscatorial, augmentation and to fill and refill when in priority to offset out-of-priority evaporation

and out-of-priority depletions from well. An outline of work completed during the diligence period is included in the application. (10

pages)






81601.






DECEMBER 2012 RESUME

WATER DIVISION 5 PAGE 2

12CW169 GRAND COUNTY - COLORADO RIVER. Kennith Jordan and Judy Jordan, 6531 Oleander Way, Mohave Valley, AZ

86440 (928) 444-2250, c/o Stanley W. Cazier, Cazier, McGowan and Walker Box 500, Granby, CO 80446, (970) 887-3376. Name of

structure: Jordan Well No. 1 and Jordan Well No. 1 Exchange. Type of application: APPLICATION FOR FINDING OF

REASONABLE DILIGENCE FOR CONDITIONAL WATER RIGHT AND EXCHANGE: Location: Grand County,

NW1/4SE1/4, Section 23, Township 3N, Range 76 West, 6th

P.M., 1600 feet from South and 1550 feet from East section lines.

Source: Well is Tributary to Colorado River and Granby Reservoir, also Wolford Mountain Reservoir is on Muddy Creek, Tributary

to Colorado River. Use: In-house domestic use for two single family residences. Amount: .033 c.f.s. for well and 0.2 af per year for

exchange. Appropriation Date: April 11, 2005. Date of Original Decree: December 12, 2006. Case No: 05CW78. This application

contains a detailed outline of work performed. (12 pages)






81601.






12CW170 PITKIN COUNTY. TRIB. TO DRY WOODY CREEK, TRIB. TO ROARING FORK RIVER. Application for

Finding of Reasonable Diligence. Applicants: Aspen Valley Downs Homeowners Assoc., c/o Sara M. Dunn, Nicole S. Burton,

Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546; Aspen Valley Ranch, LLC, c/o David

Myler, The Myler Law Firm, 211 Midland Avenue, Suite 201, Basalt, CO 81621, (970) 927-0456 and Kristin Howse Moseley, Porzak

Browning & Bushong, LLP, 929 Pearl Street, Ste 300, Boulder, CO 80302, (303) 443-6800. Aspen Valley Downs is a subdivision

located on River Road, Woody Creek, in Pitkin County, CO. CLAIM FOR FINDING OF REASONABLE DILIGENCE. Structures:

Aspen Valley Downs Well No. 1: NW1/4SW1/4 Sec. 4, T. 9S. R. 85 W., 6th P.M., 1150 ft. from W. line, 1890 ft. from S. line.

Approp. Date: 12/27/1989, Amt: 50 gpm, cond., Use: irr., dom.; Aspen Valley Downs Well No. 2: SW1/4 SW1/4, Sec. 4, T. 9 S., R.

85 W., 6th P.M., 940 ft. from W. line, 1200 ft. from S. line. Approp. Date: 12/27/1989, Use: irr., dom.; Aspen Valley Downs Well

No. 3: SW1/4 SE1/4, Sec. 4, T. 9 S., R. 85 W., 6th P.M., 3010 ft. from W. line, 630 ft. from S. line. Approp. Date: 12/27/1989, Amt:

15 gpm abs.; 35 gpm, cond., Use: irr., dom.; Aspen Valley Downs Well No. 4: NW1/4 NE1/4, Sec. 9, T. 9 S., R. 85 W., 6th P.M.,

3170 ft. from W. line, 660 ft. from N. line. Approp. Date: 12/17/1989, Amt: 27 gpm, abs.; 23 gpm, cond., Use: irr., dom. Orig. Decree:

5/30/1991, Case No.: 89CW291, Water Div. 5. A complete list of diligence activities is on file with this court. Names and addresses of

owners or reputed owners of the land upon which the Aspen Valley Downs Wells 1-4 are located: Lot 1: Woody Creek Partners. Lot

2: K3 Partners. Lot 3: James Leo Edelstein Revocable Trust. Lot 4: Running Mare Holdings, LLC. Lot 5: Stephen F. Brint. Lot 6, 7, 8,

and 9 co-Applicant Aspen Valley Ranch, LLC. Lot 10: Chester & Carol Donnally. (10 pgs).






81601.






12CW171 IN SUMMIT COUNTY. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT of the Board of

County Commissioners of the County of Summit (“Summit County”), Town of Silverthorne (“Silverthorne”), Town of Dillon

(“Dillon”), c/o Charles B. White, Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980;

Peter J. Ampe, Esq., Hill & Robbins, P.C., 1441 Eighteenth Street, Suite 100, Denver, Colorado 80202-1256 (303) 296-8100; Steven

P. Jeffers, Esq., Madoline Wallace-Gross, Esq. Lyons Gaddis Kahn & Hall, PC, P.O. Box 978, Longmont, CO 80502-0978, (303)

776-9900. Name of reservoir: Old Dillon Reservoir, Fourth Enlargement. Introduction: The original water storage right for Old

Dillon Reservoir was decreed in C.A. 1806, Summit County District Court on March 10, 1952, by the Town of Dillon in the amount

of 46.14 acre-feet. Summit County obtained decrees from the District Court, Water Division No. 5, in the following cases confirming



conditional water storage rights for the enlargement and refill of Old Dillon Reservoir: (a) Old Dillon Reservoir First Enlargement, in

the amount of 150 acre-feet, conditional, as confirmed by decree in Case No. 93CW288, on February 10, 1997, and in Case No.

03CW36 on March 9, 2004, and Case No. 10CW102 on May 10, 2011. (b) Old Dillon Reservoir Second Enlargement, in the amount

of 60 acre-feet, conditional, as confirmed by decree in Case No. 07CW223 on December 29, 2011. (c) Old Dillon Reservoir Third

Enlargement, in the amount of 30 acre-feet, conditional, as confirmed by decree in Case No. 08CW201 on December 29, 2011. (d)

Old Dillon Reservoir, Refill, in the amount of 45 acre-feet, conditional, as confirmed by decree in Case No. 08CW201 on December

29, 2011. The Applicants have obtained all permits for the enlargement of Old Dillon Reservoir and are in the process of completing

construction. The enlargement project has progressed to the point that Applicants’ engineers have determined that the total storage

capacity of the Reservoir is approximately 303.41 acre feet, which includes an additional 17.27 acre feet of storage capacity beyond

the first-fill storage rights adjudicated to date. This application seeks to adjudicate a conditional fourth enlargement storage right

based on the actual capacity of Old Dillon Reservoir as enlarged. The Applicants are members of the Old Dillon Reservoir Water

Authority and parties to intergovernmental agreements regarding the ownership of Old Dillon Reservoir and water rights adjudicated

in connection with the Reservoir. The fourth enlargement water right that is the subject of this application is owned by the parties as

tenants in common in the following percentages: Summit County, 65.36%; Town of Dillon, 26.25%; and Town of Silverthorne,

8.39%. Legal description: The reservoir is located in the SW1/4 SE1/4 and SE1/4 SW1/4 of Section 13, T. 5 S., R. 78 W. of the 6th

P.M., in Summit County, Colorado. The approximate location of the SW end of Dam No. 1 is at a point whence the South quarter

corner of said Section 13 bears South 2730’ East a distance of 600 feet. The approximate location of the SW end of Dam No. 2 is at

a point whence the South quarter corner of said Section 13 bears South 6430’ West a distance of 250 feet. The point of diversion for

this water storage right is the Dillon Ditch, with a capacity of 10 c.f.s. The Dillon Ditch is located on the south bank of Salt Lick

Gulch at a point whence the SE corner of Section 14, T. 5 S., R. 78 W. 6th

P.M. bears south 8158’ East 1832 feet. The headgate is

located in the SW1/4 of the SE1/4 of Section 14, Township 5 South, Range 78 West of the 6th

P.M., at a point approximately 260 feet

from the South section line and 1,910 feet from the East section line of said Section 14. Source: Salt Lick Gulch (a/k/a Salt Lick

Creek), a tributary of the Blue River, and precipitation and runoff flowing into the reservoir. Appropriation: a. Date: October 15,

2010. b. How appropriation was initiated: By formation of the requisite intent to appropriate and completion of substantial steps in

furtherance of such intent, including, but not limited to, initiation of the construction of the enlargement of Old Dillon Reservoir to a

capacity of approximately 303.41 acre-feet. c. Date water applied to beneficial use: n/a. Amount: 17.27 acre-feet, conditional. Rate

of flow at which water will be diverted into the Reservoir through the Dillon Ditch: 10 c.f.s. Use: Municipal, domestic, commercial,

irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, and wildlife watering, with the right

of reuse, successive use, and disposition to extinction. a. Surface area of high water line: 15.01 acres. b. Maximum height of dam in

feet: North Dam: 37.5 feet. South Dam: 32.14 feet. c. Length of dam in feet: North Dam: 900 feet. South Dam: 1000 feet. Total

capacity of reservoir in acre-feet: 303.41 acre-feet, of which approximately 0.86 acre-feet will be dead storage. Name(s) and

addresses 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 of

the existing storage pool: Old Dillon Reservoir and the Dillon Ditch are located on land owned by the United States Forest Service,

Dillon Ranger District, P.O. Box 620, Silverthorne, CO 80498. WHEREFORE, Applicants respectfully request that the Court enter a

decree granting this application and awarding the conditional storage right described herein, and granting such other relief to

Applicants as the Court deems just and proper. (8 pages)






81601.






12CW172 EAGLE COUNTY, UTE CREEK, EAGLE RIVER, COLORADO RIVER. CJC Properties Limited Partnership,

Attention: Chris P. Jouflas, General Partner, 748 Golfmore Dr, Grand Junction, CO 81506, (970) 243-1477, [email protected];

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

6262; [email protected]. Application for Water Storage Right and Surface Water Rights. First Claim: Water Storage Right:

Name of Reservoir: Ute Creek Reservoir No. 1; Description: Located in the NE1/4 NW1/4, Sec. 12, T. 4 S., R. 83 W., 6th P. M. The

spillway of the dam for the reservoir is located at a point approx. 2,260 ft east of the west section line and 1,214 ft south of the north

section line of said Section 12. Sources: Ute Creek Reservoir No. 1 is an off-channel reservoir that will be filled from the following

sources, all of which are tributary to Ute Creek, tributary to the Eagle River, tributary to the Colorado River: Small springs and

mailto:[email protected]




natural runoff occurring above the reservoir, and runoff and return flows from the irrigation of lands above the reservoir; Dunington

Ditch, Ute Creek Reservoir Enlargement, described in the Second Claim; Ute Creek Reservoir Spring, described in the Third Claim;

Names of ditches used to fill Reservoir and Capacities: Dunington Ditch, Ute Creek Reservoir Enlargement: 0.5 c.f.s.; Ute Creek

Reservoir Spring: 0.033 c.f.s.; Legal description of each point of diversion: Dunington Ditch, Ute Creek Reservoir Enlargement: See

Paragraph 14 of Application; Ute Creek Reservoir Spring: See Paragraph 21 of Application; Appropriation Date: August 1, 2012;

Date applied to beneficial use: Not applicable; Amount: 2.0 acre feet, conditional, together with the right to fill and refill the reservoir

when water is available in priority; Use or proposed use: The water in the Ute Creek Reservoir No. 1 will be used for irrigation of

lawns, gardens and other landscaping within the Ute Creek PUD, as expanded. The water will also be used for commercial and

industrial purposes within the Ute Creek PUD, as expanded, including without limitation washing of vehicles and machinery, watering

of recycling and composting facilities, fire suppression, dust suppression and construction compacting. In addition, the water will be

for stock watering and wildlife watering. The water used for all of these purposes will be non-potable water. The Ute Creek PUD, as

expanded, is described in more detail in the Remarks, below. Dam and Reservoir Information: Surface area of high water line: 0.40

acres; Vertical Height: The maximum height of the dam at the spillway will be ten feet. There will be approximately two feet of

freeboard above the spillway elevation; Length: approximately 360 feet; Capacity: Total: 2.0 acre feet; Active: 2.0 acre feet; Dead: 0

acre feet; Names and addresses of landowner; Reservoir will be located on land owned Applicant. Remarks and Additional

Information: Ute Creek Reservoir No. 1 will be used to supply water to the expanded Ute Creek PUD property, located near Wolcott,

Colorado. The Ute Creek PUD was created in 1996 to address the need for industrial storage and staging in the Eagle-Vail Valley.

There is a substantial demand for such property in Eagle County. However, the large lot size of the lots in the PUD did not reflect

client usage and market demand. Accordingly, in 2006, the owner of the Ute Creek PUD property (a related entity to Applicant)

commenced the process with Eagle County to expand and reconfigure the PUD. The goals of the expansion include increasing the

number of lots, increasing security by providing for a caretaker and a gated entrance, implementing stricter PUD guidelines, and

establishing green industries. The total acreage of the PUD will be increased to approximately 116.4 acres as a result of the

expansion. The Ute Creek PUD, after completion of the anticipated reconfiguration and expansion, is shown on Exhibit B to the

Application. Second Claim: Surface Water Right; Structure: Dunington Ditch, Ute Creek Reservoir Enlargement; Legal Description:

The decreed point of diversion for the Dunington Ditch, as decreed in C.A. 787, Eagle County District Court, is described as follows:

located at a point in the County of Eagle, State of Colorado on the North bank of Ute Creek at a point whence the Northeast (NE)

corner of Section Twelve (12), in Township Four (4) South, Range Eighty-three (83) West of the Sixth (6th

) Principal Meridian, bears

North 65°54’ East 2766 feet. The actual point of diversion is located approximately 1,224 feet south of the north section line and

2,797 feet east of the west section line of said Section 12. Source: Ute Creek, tributary to the Eagle River, tributary to the Colorado

River; Appropriation Date: August 1, 2012; Date Water Applied to Beneficial Use: N/A; Amount: 0.5 c.f.s., conditional; Uses: The

Dunington Ditch, Ute Creek Reservoir Enlargement will be used to fill the Ute Creek Reservoir No. 1, described in the First Claim,

above, where the water will be used for the uses described above for the reservoir; Name and address of landowner: The point of

diversion will be located on land owned by Applicant; Third Claim: Surface Water Right; Structure: Ute Creek Reservoir Spring;

Legal Description: The point of diversion of the spring is located approximately 1,203 feet south of the north section line and 2,913

feet east of the west section line of Sec. 12, T. 4 S., R. 83 W., 6th P.M. Source: Spring tributary to Ute Creek, tributary to the Eagle

River, tributary to the Colorado River; Appropriation Date: August 1, 2012; Date Water Applied to Beneficial Use: N/A; Amount:

0.033 c.f.s., conditional; Uses: Ute Creek Reservoir Spring will be used to fill the Ute Creek Reservoir No. 1, described in the First

Claim, above, where the water will be used for the uses described in above for the reservoir; Name and address of landowner; The

point of diversion will be located on land owned by Applicant. (9 pages)






81601.






12CW173 MESA COUNTY, WEST SALT CREEK, TRIBUTARY TO SALT CREEK, TRIBUTARY TO THE COLORADO

RIVER, Thomas J. Nelson and Irene Nelson, 892 M 8/10 Road, Mack, CO 81525, 970-260-0445, [email protected], c/o of

their attorneys: Kirsten M. Kurath, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502, 970-242-6262.

Application For Storage Water Right And Surface Water Right. First Claim: Water Storage Right: Name of Structure: Nelson

Pond, Legal Description: The Nelson Pond is located in the SE ¼ NE ¼, Sec. 28, Tp. 9 S., R. 103 W., 6th

P.M., at a point

approximately 775 ft from the N Sec. line and 1132 ft from the E Sec. line. The location in UTM format is described as Zone 12S,




Northing 4346349, Easting 682333. A map illustrating the location of the Nelson Pond is attached as Figure 1. The Nelson Pond is an

off-channel pond. It is filled by the Nelson Pipeline, described in the Second Claim, below. The rate of filling the Nelson Pond

through the Nelson Pipeline is 0.5 c.f.s. Source: named drainage ditch, tributary to West Salt Creek, tributary to Salt Creek, tributary

to the Colorado River. Date of Appropriation: Oct 1, 2011. Appropriation was Initiated: By beginning the necessary groundwork from

the Applicants’ property to the point of diversion for the pipeline and pump installation, together with the formation of the intent to

appropriate water and other acts in furtherance of the appropriation. Date Water Applied to Beneficial Use: August 15, 2012. Amount

Claimed: 6.5 acre feet, absolute, together with the right to fill and refill the Nelson Pond when water is available in priority. The

Nelson Pond is filled at the rate of 0.5 c.f.s. Uses: asthetics, fire protection, drought protection, evaporation and irrigation. The water

stored in the Nelson Pond will be used to irrigate approximately 23 acres of the Applicants’ property shown in Figure 1. Reservoir

Information: Surface area of high water line: 1.3 acres. Maximum height of dam: 7.4 ft. Length of dam: 151 ft. Total capacity: 6.5 acre

ft, of which approx. 6.3 acre ft is active capacity and approx. .2 acre ft is dead storage. Name and address of landowners: Applicants.

Second Claim:Surface Water Right: Structure: Nelson Pipeline. Legal Description: The point of diversion for the Nelson Pipeline is

located in the SW ¼ NE ¼ of of Sec. 28, Tp. 9 S., R.103 W., 6th

P.M. at a point located approximately 10 ft from the N Sec. line and

526 ft from the West Sec. line. The location in UTM format is described as Zone 12S, Northing 4346581, Easting 682113. See Figure

1. Source: Unnamed drainaige ditch, tributary to West Salt Creek, tributary to Salt Creek, tributary to the Colorado River. Date of

Appropriation: Oct 1, 2011. Appropriation was Initiated: By beginning the necessary groundwork from the Applicants’ property to the

point of diversion for the pipeline and pump installation, together with the formation of the intent to appropriate water and other acts

in furtherance of the appropriation. Date Water Applied to Beneficial Use: August 15, 2012. Amount Claimed: 0.5 c.f.s., absolute.

Uses: The Nelson Pipeline has been used directly to irrigate 3 acres and to fill the Nelson Pond, described in the First Claim, above,

where the water was used for asthetics, fire protection, drought protection and evaporation purposes as described above. In the future,

Applicants intend to irrigate an additional 20 acres from the Nelson Pond. Name and address of landowner: Applicants have an

easement for the point of diversion for the Nelson Pipeline from East Salt Creek LLC, 1142 Main St., Grand Junction, CO 81501. (5

pages)






81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 12CW174 GARFIELD COUNTY, Colorado, Application for Finding of Reasonable Diligence; Applicant: John Kuersten, P.O. Box

1530, Rifle, Colorado 81650, Please direct all correspondence, motions and pleadings to the attorneys for the Applicant, Olszewski,

Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602. FIRST CLAIM FOR SURFACE WATER RIGHT, Name of

structure: Allen Pipeline and Ditch Spring, Kuersten Enlargement, Legal description: SE1/4 of the SE1/4, Section 36 Township 6

South, Range 95 W, 6th P.M. 60 feet from the South Section line, 200 feet from the East Section line, Garfield County, Colorado.

Source: Spring tributary of the Colorado River. Date of appropriation: March 9, 2012. How appropriation was initiated: physical

diversion of water and actual irrigation of land, formation of intent to irrigate additional lands and to fill Kuersten Reservoir No. 1.

Date water applied to beneficial use: March 9, 2012, for irrigation of 4.5 acres. Amount claimed: 0.5 cfs. Use or Proposed Use:

Irrigation. If irrigation, complete the following: Number of acres historically irrigated: 4.5; proposed to be irrigated: an additional 3.5

acres for a total of 8 acres. Legal description of acreage: A tract of land situated in the NE1/4SE1/4, Section 36, Township 6 South,

Range 95 West, 6th

P.M., and more fully described as follows: Beginning at a point in the center of County Road whence the East

quarter corner of said Section 36 bears N. 57° E., 1442.59 feet, thence S. 10°47’E., 289 feet; thence N.79°13’E., 145 feet; thence N.

10° 47’ W., 289 feet; thence S. 79°13 W., 145 feet to the point of beginning. County of Garfield, State of Colorado. If non-irrigation,

describe purpose fully: pond filling for Kuersten Reservoir No. 1. Name and address of owner or reputed owner of the land upon

which the spring is located. Bud Strong Family, LLLP, 1505 E. 12th

Street, Rifle, CO 81650. Remarks: Applicant claims 0.5 cfs

absolute for the irrigation of 4.5 acres, and conditional for the irrigation of 3.5 additional acres, not yet under irrigation, and for pond

filling. SECOND CLAIM FOR SURFACE WATER RIGHT, Name of structure: Kuersten Spring No. 1. Legal description: NE1/4

of the NE1/4, Section 1 Township 7 South, Range 95 W, 6th

P.M. 280 feet from the North Section line and 634 feet from the East

Section line, Garfield County, Colorado. Source: Spring tributary of the Colorado River. Date of appropriation: March 9, 2012. How

appropriation was initiated: physical diversion of water and irrigation of land, formation of intent to irrigate additional lands and to fill

Kuersten Reservoir No. 1. Date water applied to beneficial use: March 9, 2012, for irrigation of 4.5 acres. Amount claimed: 0.5 cfs.

Use or Proposed Use: Irrigation. If irrigation, complete the following: Number of acres historically irrigated: 4.5; proposed to be



irrigated: an additional 3.5 acres for a total of 8 acres. Legal description of acreage: A tract of land situated in the NE1/4SE1/4,

Section 36, Township 6 South, Range 95 West, 6th

P.M., and more fully described as follows: Beginning at a point in the center of

County Road whence the East quarter corner of said Section 36 bears N. 57° E., 1442.59 feet, thence S. 10°47’E., 289 feet; thence

N.79°13’E., 145 feet; thence N. 10° 47’ W., 289 feet; thence S. 79°13 W., 145 feet to the point of beginning. County of Garfield, State

of Colorado. If non-irrigation, describe purpose fully: pond filling for Kuersten Reservoir No. 1. Name and address of owner or

reputed owner of the land upon which the spring is located. Bud Strong Family, LLLP, 1505 E. 12th

Street, Rifle, CO 81650.

Remarks: Applicant claims 0.5 cfs absolute for the irrigation of 4.5 acres, and conditional for the irrigation of 3.5 additional acres, not

yet under irrigation, and for pond filling. THIRD CLAIM FOR CONDITIONAL WATER STORAGE RIGHT. Name of

Reservoir: Kuersten Reservoir No. 1. Legal description of location of dam centerline: NE1/4 of the SE1/4, Section 36 Township 6

South, Range 95 W, 6th

P.M., 1622 feet from the South section line and 1160 feet from the East section line, Garfield County,

Colorado. Source: Allen Pipeline and Ditch Spring, Kuersten Enlargement, and Kuersten Spring No. 1, as described above. If filled

from a ditch: Name of ditch/spring used to fill reservoir and capacity in cubic feet of water per second: Allen Pipeline and Ditch

Spring, Kuersten Enlargement and Kuersten Spring No. 1; 0.5 cfs. Legal description: As referenced above. Date of appropriation:

March 9, 2012. How appropriation was initiated: Formation of intent to construct a reservoir using the Allen Pipeline and Ditch

Spring, Kuersten Enlargement and Keursten Spring No. 1. Date water applied to beneficial use: N/A. Amount claimed: 1.0 acre foot.

If filled from a ditch, rate of diversion: 0.5 cfs. Use or Proposed Use: Operational storage for irrigation, irrigation, stockwatering,

wildlife, piscatorial. If irrigation, complete the following: Number of acres historically irrigated N/A; proposed to be irrigated:

Operational pond for 8 acres of irrigation described above. If non-irrigation, describe purpose fully: Stockwatering, wildlife,

piscatorial. Surface area of high water line: 10,000 square feet. Vertical height of dam in feet: less than ten (10) feet. Length of dam in

feet: less than 100 feet. Total capacity of reservoir in acre feet: 1.0. Active capacity: 1.0 acre foot. Dead storage: 0. Name and address

of owner of the land upon which the structure is located: Applicant. Wherefore, Applicant requests the Court approve his Application

for Surface Water Rights and Storage Water Right upon such terms and conditions as are just and proper. (8 pages, including 2 maps)






81601.






12CW175 IN SUMMIT COUNTY, COLORADO. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION

BY EXCHANGE, IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE SNAKE RIVER WATER

DISTRICT, DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th

Street, Suite 104, Glenwood Springs,

Colorado 81601. 1. Snake River Water District, c/o Administrator, P.O. Box 2595, Dillon, Colorado 80435. Copies of all pleadings to:

Glenn E. Porzak and William D. Wombacher, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, (303) 443-6800. 2. Description

of the Structures and Water Rights to be Augmented. The District is the owner of the following described water rights to be

augmented (collectively referred to herein as the “Augmented Water Rights”), depicted on the attached Exhibit 1: (a) Snake River

Water District Well No. 1, decreed by the District Court in and for Water Division No. 5 (the “Water Court”) in Case No. 82CW430

for domestic, municipal (including fire protection), commercial, irrigation and recreation uses, with an appropriation date of December

17, 1982. This well derives its source from the Snake River alluvium and is located in the NE1/4 NE1/4 of Section 24, Township 5

South, Range 77 West, 6th

P.M., 888 feet from the North section line and 48 feet from the East section line of said Section 24. (b) The

following described groundwater wells decreed by the Water Court in Case Nos. 82CW430, 88CW121, 94CW059 and 95CW99, for

750 gpm each, for domestic, municipal (including fire protection), commercial, irrigation and recreation uses, with appropriation dates

of July 28, 1981, the source of which is the Snake River alluvium: (1) Snake River Water District Supplemental Well No. 1A (Permit

No. 26446-F), located at a point in the NW1/4 NW1/4 of Section 24, Township 5 South, Range 77 West, 6th

P.M., 1,010 feet from the

North section line and 800 feet from the West section line of said Section 24; and (2) Snake River Water District Supplemental Well

No. 1B (permit #45878-F), located at a point in the NW1/4 NW1/4, of Section 24, Township 5 South, Range 77 West, 6th

P.M., 1,100

feet from the North section line and 940 feet from the West section line of said Section 24. (c) 0.49 cfs from the Myers Ditch (priority

number 324) originally decreed by the Summit County District Court in Civil Action No. 1805 with an appropriation date of May 12,

1919, and as subsequently decreed by the Water Court in Case Nos. W-1803 and W-1803-78 for year round domestic, municipal and

recreational purposes, as the location and amount of Owner’s Well No. 2 was changed in Case No. 95CW99, with points of diversion

at the following described wells in the following amounts: (1) 26.535 gpm from the Owner’s Well No. 1, located in the SW1/4 NE1/4

of Section 24, Township 5 South, Range 77 West, 6th P.M., 1750 feet from the North section line and 2250 feet from the East section



line of said Section 24; (2) 800 gpm from the Owner’s Wells No. 2 (Permit No. 45877-F), located in the NW1/4 NW1/4 of Section 19,

Township 5 South, Range 76 West, 6th

P.M., 1,100 feet from the North section line and 580 feet from the West section line of said

Section 19; (3) 56.535 gpm from the Owner’s Well No. 3 (Permit No. 27215-F), located in the NW1/4 NW1/4 of Section 19,


P.M., 1200 feet from the North section line and 250 feet from the West section line of said

Section 19; and (4) 71.535 gpm from the Owner’s Well No. 4 (Permit No. 46103-F), located in the SW1/4 NW1/4 of Section 19,

Township 5 south, Range 76 West, 6th

P.M., 1450 feet from the North section line and 600 feet from the West section line of said

Section 19. As all of the foregoing water rights were changed by the Water Court in Case No. 82CW430 wherein each of said water

rights may be used as an alternate point of diversion for any of the others, up to the limits set forth in said decree wherein the Snake

River Water District Well No. 1 and the Owner’s Well No. 3 may be diverted up to 250 gpm and 1000 gpm, respectively. (d) Owner’s

Well No. 4 First Enlargement, decreed by the Water Court in Case No. 84CW682 and changed in Case No. 95CW99 for 800 gpm

conditional, for domestic, municipal (including fire protection), commercial, irrigation and recreation uses, with an appropriation date

of December 17, 1982. The source of this well is the Snake River alluvium and its location is the same as the well described in

paragraph 2(c)(4) above. (e) Site #1 Well, decreed by the Water Court in Case No. W-1368 for 550 g.p.m. for domestic, municipal,

recreational, fire protection, and irrigation uses, with an appropriation date of June 1972. The source of this well is the Snake River

alluvium and its location is in the NW1/4 NW1/4 of Section 24, Township 5 South, Range 77 West of the 6th

P.M. at a point 940 feet

from the North section line and 535 feet from the West section line of said Section 24. Site #1 Well was also decreed by the Water

Court in Case No. W-1361 & W-1362 as an alternate point of diversion for the Mexican Creek Ditch and Tenderfoot Creek Ditch for

2.25 cfs for domestic, commercial, and municipal purposes. (f) Key Base Well, decreed by the Water Court in Case No. W-1369 for

35 g.p.m. for domestic, municipal, commercial, and recreational uses, with an appropriation date of October 1969. The source of this

well is the Snake River alluvium and its location is in the SE1/4 NE1/4 of Section 24, Township 5 South, Range 77 West of the 6th

P.M. at a point 1880 feet from the North section line and 930 feet from the East section line of said Section 24. Key Base Well was

also decreed by the Water Court in Case No. W-1361 & W-1362 as an alternate point of diversion for the Mexican Creek Ditch and

Tenderfoot Creek Ditch for 2.25 cfs for domestic, commercial, and municipal purposes. 3. Sources of Augmentation Water. To

augment the Augmented Water Rights described in paragraph 2 above, the District will utilize the following sources of augmentation

water (collectively the “Augmentation Water Rights”): (a) 150 acre feet of water per year from Dillon Reservoir which is located on

the Blue River in Sections 7, 8, 17, 18, 19, 20, 21, 30 and 31, all in Township 5 South, Range 77 West of the 6th

P.M., and in Sections

13, 23, 24, 25, 26, 35 and 36, all in Township 5 South, Range 78 West of the 6th

P.M., pursuant to the terms of the Colorado River

Cooperative Agreement with the City and County of Denver acting by and through its Board of Water Commissioners (“Denver

Water”). (b) 0.8 acre feet of water per year obtained from Summit County, acting by and through its Board of County Commissioners,

pursuant to Water Supply Contract from the following storage facilities: (1) Dillon Reservoir, located as described above, pursuant to

the Agreement between Summit County and Denver Water dated September 19, 1985; (2) Clinton Gulch Reservoir, the dam for which

is located at a point in the SW1/4 NW1/4 of Section 25, Township 7 South, Range 79 West, 6th

P.M., at a point whence the North

quarter corner of said Section 25 bears North 33°51ꞌ50" East 2840.44 feet, pursuant to the Clinton Reservoir – Fraser River Water

Agreement with Denver Water dated July 21, 1992, as amended, and the decrees of the Water Court in Case No. W-2559 and

92CW65. (3) Old Dillon Reservoir, located in the SW1/4 SE1/4 and SE1/4 SW1/4 of Section 13, Township 5 South, Range 78 West

of the 6th

P.M. in Summit County, Colorado, pursuant to the decrees of the Water Court in Case Nos. 93CW288, 07CW223,

07CW226, 08CW201 and 08CW203, and (4) Upper Blue Reservoir, the dam for which is located across the channel of the Blue River

whence the Northeast corner of Section 3, Township 8 South, Range 78 West of the 6th

P.M. bears North 66°30ꞌ East 3728 feet,

pursuant to the Memorandum of Agreement dated May 15, 2003, between the City of Colorado Springs and Summit County, and

Water Court Case No. 03CW320. (c) 1.5735 consumptive acre feet of water per year out of a total of 361 consumptive acre feet, and

0.104 cfs out of a total maximum diversion rate of 31.22 cfs, decreed by the Water Court in Case No. W-217 as being historically

attributable to and available for augmentation purposes from the following described water rights: (1) Rice Ditch (priority number 90),

decreed for 4.5 cfs with a May 3, 1893 appropriation date and a March 2, 1910 adjudication date. The originally decreed headgate of

the Rice Ditch is located on the left (south) bank of the Snake River in the NW1/4 SE1/4 of Section 22, Township 5 South, Range 77

West, 6th

P.M.; (2) Soda Creek Ditch (priority number 278), decreed for 2.72 cfs with a July 1, 1900 appropriation date and a March 2,

1952 adjudication date. The originally decreed headgate of the Soda Creek Ditch is located on the right (east) bank of Soda Creek at a

point whence the South quarter corner of Section 27, Township 5 South, Range 77 West, 6th

P.M. bears South 10°15ꞌ East a distance

of 940 feet; (3) Phillips Ditch (priority number 156), decreed for 4.00 cfs with a June 1, 1904 appropriation date and a March 2, 1910

adjudication date. The originally decreed headgate of the Phillips Ditch is located on the left (west) bank of Keystone Creek in the

SW1/4 SW1/4 of Section 14, Township 5 South, Range 77 west, 6th

P.M.; (4) Rice Ditch – Riley Enlargement (priority number 230),

decreed for 10.00 cfs with a July 5, 1914 appropriation date and an October 26, 1937 adjudication date. The originally decreed

headgate of the Riley Enlargement is located on the left (south) bank of the Snake River at a point whence the Southwest corner of


P.M. bears South 54°46ꞌ West a distance of 3845 feet; and (5) Rice Ditch – Rice

Enlargement (priority number 316), decreed for 10.00 cfs with a July 5, 1914 appropriation date and March 10, 1952 adjudication

date. The originally decreed headgate of the Rice Enlargement is the same as the Rice Ditch – Riley Enlargement; As said water

rights were changed by the Water Court in Case Nos. W-217 and W-2110. In Case Nos. W-217 and W-2110 the above described

water rights were awarded various alternate diversion points at the Vidler Tunnel Collection System located in the upper reaches of



Peru Creek above its confluence with the Snake River, and at ten Soda Creek alluvial wells located in Sections 21, 27 and 28,


P.M., Summit County, Colorado. 5. Description of Plan for Augmentation and Exchange. By

the present application, the District seeks the right to divert water out-of-priority on a year round basis from the Augmented Water

Rights, up to a maximum of 152.3735 consumptive acre feet per year, for use in connection with the service area of the Snake River

Water District, as said area may from time to time be expanded. The Snake River Water District is located in portions of Sections 13,

23 and 24, Township 5 South, Range 77 West and Sections 18 and 19, Township 5 South, Range 76 West, 6th

P.M., Summit County,

Colorado. (a) Augmentation Plan: To permit such otherwise out-of-priority diversions, the District will cause releases of or dedicate

to the Snake River the Augmentation Water Rights to replace out-of-priority depletions as calculated in accordance with paragraphs 6

and 7 below. Depletions resulting from the diversion and use of the Augmented Water Rights under this plan for augmentation shall

be in addition to the consumptive acre feet of water per year in the District augmentation plans decreed in Water Court Case Nos.

82CW430, 84CW346 and 84CW682 and the change decrees in Water Court Case Nos. W-1361 and W-1362. (b) Exchange Plan

Reach and Rate: The District seeks approval of a plan to augment by exchange out of priority diversions by the water rights and/or

structures described in paragraph 2 above. The downstream termini of the exchanges involving Dillon Reservoir, Clinton Gulch

Reservoir, Old Dillon Reservoir, and the Upper Blue Lakes Reservoir is Dillon Reservoir on the Blue River. The downstream termini

of the exchanges involving consumptive use credits generated in Water Court Case No. W-217 include those former diversion points

located on the Snake River, as identified in paragraph 3(c) above, in addition to the termini of Soda Creek and Keystone Creek and the

Snake River. The maximum rate of exchange is 1,700 gpm to the water rights and/or structures identified in paragraph 2 above. (c)

Priority Date: The District seeks a May 15, 2012 priority date in connection with the subject plan for exchange described above. (d)

In priority diversions: The District shall have the right to divert any of the water rights and structures described in paragraph 2

whenever they are in priority. The source of augmentation water described in paragraph 3 need only be utilized when the water rights

and structures described in paragraph 2 are out of priority, irrespective of the relative priorities of the water rights to be augmented by

exchange and the source of augmentation water. 6. Depletions. Depletions resulting from the diversion and use of water from the

Augmented Water Rights consist of the water actually consumed in the course of operating the District’s central water system for

municipal, domestic, commercial, irrigation, recreation and all other beneficial uses occurring under the system. This depletion will be

determined as the difference between raw water diversions from the Augmented Water Rights hereunder (all of which will be

metered) and return flows therefrom discharged to the Snake River after use, which for purposes of this plan shall be controlled by the

assumptions in paragraph 7 below. Return flows shall include discharges from the Summit County Phase D Wastewater Treatment

Plant and irrigation return flows from lawns, gardens, parklands and other irrigated areas. In addition, depletions shall consist of any

evaporation losses resulting from any ponds or other water storage facilities located within the District. 7. Depletion Assumptions. So

as to assure the replacement of all out-of-priority depletions covered by the subject plan for augmentation, the following assumptions

shall be employed: (a) As the District’s wastewater will be transported to and treated at the Summit County Phase D Wastewater

Treatment Plant at Summit Cove, 5% of the District’s domestic, municipal, commercial and recreation water use will be consumed.

(b) The average daily diversion of water for landscape irrigation within the District will equal 0.0058 cfs per irrigated acre from May 1

through October 15, and the consumptive use thereof will equal 0.0086 acre feet per day per irrigated acre. Given an average

irrigation season of 168 days per year, the District’s annual consumptive use of water for landscape irrigation will equal 1.45 acre feet

per irrigated acre. (c) Annual evaporation losses from any District ponds or storage facilities District will equal 2.25 acre feet per

surface acre. 8. Supplemental and Replacement Wells. In the event the District requires supplemental or replacement wells to provide

an adequate water supply for those being supplied by the District’s water system, the Court finds that such wells may be incorporated

in the plan for augmentation subject to the same terms and conditions provided for in this decree; provided, however, that the District

obtains the requisite replacement or supplemental well permit and a change of water right for any supplemental well. 9. Remarks. The

150 acre feet of Dillon Reservoir water set forth in paragraph 3(a) above is subject to the terms of the Colorado River Cooperative

Agreement with Denver Water. Under one of the terms of the Colorado River Cooperative Agreement, the District is required to

provide to Denver Water 1.4 acre feet of replacement water per acre foot of Dillon Reservoir water for 105 acre feet of the 150 acre

feet of Dillon Reservoir water set forth in paragraph 3(a) above. This replacement water will be furnished from Wolford Mountain

Reservoir, Green Mountain Reservoir, or another source acceptable to Denver Water. 10. Ownership. Attached as Exhibit 2 is a list of

the owners of the land at the decreed locations of the wells comprising the Augmented Water Rights, and the mailing addresses of

those landowners. Attached as Exhibit 3 is a list of the names and addresses of the owners of the reservoirs comprising the

Augmentation Water Rights. Wherefore, the District seeks entry of a decree that (a) approves the augmentation plan described above;

(b) finds that as a result of the subject plan for augmentation, there will be no injury to any owner of or persons entitled to use water

under a vested water right or decreed conditional water right; and (c) provides such other relief as may be appropriate and consistent

with this pleading. (11 pages)






81601.








12CW176 IN GRAND AND SUMMIT COUNTIES, COLORADO, APPLICATION FOR CHANGE OF WATER RIGHTS OF

CLIMAX MOLYBDENUM COMPANY. 1. Name, address and telephone number of Applicant: Climax Molybdenum Company

(“Climax”), ℅ Bryce Romig, Henderson Mine, P.O. Box 68, Empire, Colorado 80438, Telephone: (303) 569-3221. Please send all

pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Ryley Carlock & Applewhite, 1700 Lincoln

Street, Suite 3500, Denver, Colorado 80203; 303-863-7500. 2. Introduction. Climax owns certain water rights on Tenmile Creek, a

tributary of the Blue River, that were decreed for use at the Climax Mine by the Summit County District Court on October 26, 1937 in

Civil Action 1710 (“Climax CA 1710 Water Rights”). On October 12, 1955, the United States District Court for District of Colorado

in Consolidated Civil Action Nos. 2782, 5016 and 5017 (the “Blue River Decree”) adjudicated water rights to the United States for the

Colorado-Big Thompson Project, including a 1,726 cfs direct flow hydropower right for the Green Mountain Reservoir hydroelectric

station (the “GMR Hydropower Right”), and a 154,645 acre-feet storage right for Green Mountain Reservoir (the “GMR Storage

Right”). A dispute subsequently arose concerning the relative priority of the Climax CA 1710 Water Rights in relation to the GMR

Hydropower Right and the GMR Storage Right. Climax, the United States and the remaining parties to the Blue River Decree are

entering into a “Green Mountain Reservoir Administrative Protocol” (“Protocol”), which is intended to resolve multiple disputes

between those water users, including but not limited to the dispute about the relative priority of the Climax CA 1710 Water Rights in

relation to the GMR Hydropower Right and the GMR Storage Right. In consideration of the Protocol and in settlement of the

disputed issues of priority, Climax will contractually agree that the use of water diverted pursuant to the otherwise senior Climax CA

1710 Water Rights during a given water year will be for non-consumptive purposes until there is a determination by the Secretary of

Interior, or his designee, that the GMR Storage Right will be satisfied pursuant to the terms of the Protocol. If the Secretary

determines that the GMR Storage Right will not be satisfied, then Climax will provide contractual substitution water to Green

Mountain Reservoir, and will then consume the water that it diverted under its CA 1710 Water Rights pursuant to their otherwise

senior, within Water District No. 36, priorities. 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. 96CW3681 and 96CW3682, Water Division 5 (consolidated into Case No. 96CW3681), 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. 96CW3681. The substitution water that Climax will contractually provide to Green Mountain Reservoir as described above

will primarily be provided from a six-hundred acre-foot account in either Williams Fork Reservoir, pursuant to contract between

Denver and Climax, or the Henderson Mine’s East Branch Reservoir. The account will be filled with fully consumptive water owned

or controlled by Climax from the Skylark Ranch Water Rights, which were changed in Case No. 96CW3681, and which will be

further changed by this application to enable use for Green Mountain Reservoir substitution purposes, and for storage in Williams

Fork Reservoir, including all municipal uses by Denver. A map showing the general relationship of the area and structures

encompassed by the claims in this application is attached as Exhibit 1. The purpose of this application is to change the use of the

decreed water rights associated with the Skylark Ranch Water Rights, so that the consumptive use credits from the Skylark Ranch

Water Rights may be stored in Denver’s Williams Fork Reservoir or Henderson Mine’s East Branch Reservoir and subsequently used

for substitution and municipal purposes as described herein. 3. Decreed Water Rights for which Change is Sought. 3.1.

Description of the Skylark Ranch Water Rights.

TABLE 1

STRUCTURE

CIV ACT

#

(GRAND

CTY

DIST CT)

ADJUD

DATE

APPROP

DATE SOURCE AMOUNT

HISTORIC

USE

DECREED

POINT OF

DIVERSION

LOST CREEK WATER RIGHTS

Gervens No. 1

Ditch

183

8/03/1911

6/02/1902

Lost Creek

2.000 cfs

Irrigation

The north bank of Lost Creek at

a point whence the NW corner,

Sec 33, T1S, R78W, 6th PM,

bears N 43 W 2,820 ft

Gervens No. 2

183

8/03/1911

9/30/1904

Lost Creek

1.375 cfs

Irrigation

The left bank of Lost Creek at a

point whence the SW corner of




Ditch bears S 35 2' W 1,146 ft

Lost Creek

Ditch

183

8/03/1911

9/16/1908

Lost Creek

8.000 cfs

Irrigation

The west bank of Lost Creek at

a point whence the NW corner,


bears N 40 14' W 3,887 ft

Gervens No. 2

Ditch

259

3/18/1916

9/30/1904

Lost Creek

1.125 cfs

Irrigation

The left bank of Lost Creek at a

point whence the SW corner of


bears S 35 2' W 1,146 ft

STRUCTURE

CIV ACT

#

(GRAND

CTY

DIST CT)

ADJUD

DATE

APPROP

DATE SOURCE AMOUNT

HISTORIC

USE

DECREED

POINT OF

DIVERSION

MULE CREEK WATER RIGHTS

B.W. Field

Mule Creek

No. 1 Ditch

183

8/03/1911

5/31/1889

Mule

Creek

2.500 cfs

Irrigation

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

John Shore

Ditch

183

8/03/1911

10/01/1888

Mule

Creek

2.500 cfs

Irrigation

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

37 E 3,920 ft. Transferred to

the John Shore #1 headgate

John Shore #1

Ditch

183

8/03/1911

6/30/1890

Mule

Creek

2.000 cfs

Irrigation

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 25 E

2,200 ft.

Burtcher

Ditch

183

8/03/1911

12/31/1897

Mule

Creek

2.500 cfs

Irrigation

The west bank of Mule Creek

at a point whence the SW

corner, Sec 32, T1S, R78W, 6th

PM, bears N 65 W 1,950 ft.

B.W. Field

Mule Creek

No.2 Ditch

183

8/03/1911

7/15/1908

Mule

Creek

1.000 cfs

Irrigation

At a point whence the SW

corner, Sec 8, T2S, R78W, 6th

PM, bears S 13 34' E 1,469 ft.

Now diverted at the Burtcher

Ditch headgate described above

STRUCTUR

E

CIV ACT

#

(GRAND

CTY

DIST CT)

ADJUD

DATE

APPROP

DATE SOURCE AMOUNT

HISTORIC

USE

DECREED

POINT OF

DIVERSION

SKYLARK CREEK WATER RIGHTS



STRUCTUR

E

CIV ACT #

(GRAND

CTY

DIST CT)

ADJUD

DATE

APPROP

DATE

SOURCE

AMOUN

T

HISTORIC

USE

DECREED

POINT OF

DIVERSION

BATTLE CREEK WATER RIGHTS

Langholen

#4 Ditch

183

8/03/191

1

9/30/188

9

Battle

Creek

1.125 cfs

Irrigation

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 74 30' W 645 ft

Langholen

#3

Ditch

183

8/03/191

1

9/30/188

9

Battle

Creek

1.250 cfs

Irrigation

The north bank of Battle Creek


corner between Sec 26 and Sec

27, T1S, R79W, 6th PM, bears

S 74 40' W 2,217 ft

F.A. Field

Ditch

112

8/03/190

6

5/15/188

9

Skylark

Creek

3.250 cfs

Irrigation

The west bank of Skylark

Creek at a point whence the

SW corner, Sec 31, T1S,

R78W, 6th PM, bears S 16 30'

W 1,237.5 ft

Scholl Ditch

183

8/03/191

1

12/01/18

87

Skylark

Creek

1.500 cfs

Irrigation



quarter corner between Sec 19


PM, bears N 3 12' E 2,640 ft

Williams

Ditch

183

8/03/191

1

5/20/188

8

Skylark

Creek

3.000 cfs

Irrigation





PM, bears N 13 5' W 2,150 ft

Skylark

Reservoir

183

8/03/191

1

12/31/19

03

Skylark

Creek

12.23 acre-ft

Climax owns

½ of the

interest in

this water

right

Storage of

water for

irrigation

purposes

The headgate of the feeder

canal is located on Skylark




PM, bears N 40 W 1,070 ft

McCandliss

Ditch

356

7/12/191

9

7/26/191

7

Skylark

Creek

1.500 cfs

Irrigation

The east bank of Skylark


SW corner of Sec 31, T1S,

R78W, 6th PM, bears S 74 29'

W 93.4 ft

North

Skylark

Ditch

814

11/11/19

52

6/01/191

3

North Fork

of Skylark

Creek

3.000 cfs

Irrigation

The left bank of North Skylark


NE corner, Sec 1, T2S, R79W,

6th PM, bears N 54 25' E 3,053

ft

South

Skylark

Ditch

814

11/11/19

52

8/01/194

9

South Fork

of Skylark

Creek

1.500 cfs

Irrigation

The right or east bank of South

Skylark Creek at a point

whence the NE corner, Sec 1,

T2S, R79W, 6th PM, bears N

29 45' E 2,066 ft



Langholen

#2 Ditch

183

8/03/191

1

7/01/189

0

Battle

Creek

1.250 cfs

Irrigation

The south bank of Battle Creek




N 19 W 205 ft

Langholen

#1

Ditch

183

8/03/191

1

7/31/189

0

Battle

Creek

1.250 cfs

Irrigation

The north bank of Battle Creek




S 1 15' W 280 ft

Shore #1

Ditch

183

8/03/191

1

7/31/189

0

Battle

Creek

(The decree

erroneously

shows Mule

Creek)

2.000 cfs

Irrigation

The left bank of Battle Creek at

a point whence the E quarter

corner of Sec 27, T1S, R79W,

6th PM, bears N 78 (68 ?) 15' E

4,143 ft

Shore #2 &

#3

Ditch

183

8/03/191

1

4/20/190

8

Battle

Creek

2.000 cfs

(Combine

d

diversion

not to

exceed

2.000 cfs)

Irrigation

The right bank of north fork of

Battle Creek at a point whence

the E quarter corner of Sec 27,


70 30' E 2,213 ft

Buehler #1

Ditch

304

8/11/191

7

12/31/19

05

Battle

Creek

0.500 cfs

Irrigation

The north bank of the middle

fork of Battle Creek at a point

whence the E quarter corner of


bears N 48 12' E 3,093 ft

Buehler #2

Ditch

304

8/11/191

7

12/31/19

13

Battle

Creek

0.500 cfs

Irrigation

The east bank of the south

branch of the middle fork of




44 45' E 3,801 ft

Buehler #3

Ditch

304

8/11/191

7

12/31/19

13

Battle

Creek

0.500 cfs

Irrigation

The west bank of the south

branch of the middle fork of




35 27' E 4,850 ft

Buehler #4

Ditch

304

8/11/191

7

12/31/19

13

Battle

Creek

0.500 cfs

Irrigation

The south bank of the middle

fork of Battle Creek at a point

whence the E quarter corner of


bears N 46 50' E 5,051 ft

3.1.2. Previous Change Decree. June 2, 2003, in Case No. 96CW3681, the District Court in and for Water Division No. 5. 3.2. Total

Amounts Decreed to Skylark Ranch Water Rights. 3.2.1. See Table 1, above for originally decreed amounts. 3.2.2. Case No.

96CW3681. In Case No. 96CW3681, season of use and volumetric limitations were determined for the Skylark Ranch Water Rights.

The terms and conditions set forth in the decree entered in Case No. 96CW3681 will continue to apply to the uses of the Skylark

Ranch Water Rights described in paragraph 4, below. 3.3. Historic Use of the Skylark Ranch Water Rights. The Skylark Ranch

Water Rights were originally used to irrigate meadows and pastures of native grasses. In Case No. 96CW3681, the historic depletions

associated with the Skylark Ranch Water Rights were decreed for use as a source of substitute supply for the exchanges and plan for

augmentation decreed in Case No. 96CW3681. To the extent the Skylark Ranch Water Rights were not used as a substitute source of

supply under the exchanges or as a source of replacement water under the plan for augmentation, Climax continued to use the Skylark

Ranch Water Rights for livestock watering and to irrigate the historically irrigated lands. 3.4. Amount of Water that Applicant

Intends to Change. See Table 1, above for originally decreed amounts, subject to the terms and conditions set forth in paragraph 2.4 of

the decree entered in Case No. 96CW3681. 4. Detailed Description of Proposed Change: 4.1. Complete Statement of Change.



Climax seeks approval of a change for additional types of use of the Skylark Ranch Water Rights and additional places of storage, as

more fully described below. Because the decreed uses of the Skylark Ranch Water Rights were changed and adjudicated in Case No.

96CW3681, no analysis of historic consumptive use or return flows is required for approval of the changes in use requested herein.

4.1.1. Change in Type of Use. Climax seeks a change in type of use of the Skylark Ranch Water Rights in addition to the uses

decreed in Case No. 96CW3681. 4.1.1.1. Climax seeks to store the historic consumptive use credits associated with the Skylark

Ranch Water Rights, as determined by the Division No. 5 Water Court in Case No. 96CW3681, in Williams Fork Reservoir, pursuant

to a contract between Climax and Denver, or in Henderson Mill’s East Branch Reservoir, for the subsequent beneficial use for

substitution and replacement purposes by the Bureau of Reclamation for Green Mountain Reservoir in accordance with the Protocol.

4.1.1.2. Climax seeks to store the historic consumptive use credits associated with the Skylark Ranch Water Rights, as determined by

the Division No. 5 Water Court in Case No. 96CW3681, in Williams Fork Reservoir, pursuant to a contract between Climax and

Denver, for subsequent beneficial use by Denver for all municipal uses by Denver by substitution, replacement, or exchange. 4.1.1.3.

To the extent the Skylark Ranch Water Rights are in-priority, Climax also seeks the right to use the historic consumptive use credits

associated with the rights for substitution and replacement purposes for Green Mountain Reservoir or by Denver, without prior

storage. 4.1.2. Additional Places of Storage. Climax requests a decree confirming the right to store the historic consumptive use

credits for the Skylark Ranch Water Rights in the following structures: 4.1.2.1. Williams Fork Reservoir. Williams Fork Reservoir

Dam is located at a point whence the southeast corner of Section 23, Township 1 North, Range 79 West of the 6th P.M., bears south

24°53’ East a distance of 2,175 feet, Grand County, Colorado. 4.1.2.2. 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 of the 6th

P.M., bears South 38°01’56” East a distance of 7,825.77 feet. East Branch Reservoir is primarily filled by diversions by the

Henderson Mill Water System, described below: 4.1.2.2.1 Intake 1- Williams Fork Pipeline. The headgate of the Williams Fork

Pipeline is at the Williams Fork Pumping Station and consists of a diversion structure from the Williams Fork River located at a point

whence the SE Corner of Section 36, Township 2 South, Range 78 West of the 6th P.M., bears South 7°51’48” East a distance of

7,924.52 feet. The capacity of the pumping station and pipeline when completed will be 40 cubic feet per second. The initial

installation will pump water from the intake through a 24” steel pipeline out of the Williams Fork River a distance of 5,400 feet

against an adverse grade of 122 feet per thousand feet to the intersection of the Williams Fork Pipeline with the Ute Park Pipeline, at

which intersection the pipeline capacity is enlarged to carry water pumped through the Ute Park Pipeline, as well as water pumped

through the Williams Fork Pipeline, for a distance of about 2,700 feet on a grade of 8 feet per 1,000 feet, discharging into the East

Branch Reservoir. 4.1.2.2.2. Intake 2- Henderson Mill Potable Water Pipeline. The headgate is located at a point whence the SE

corner of Section 36, Township 2 South, Range 78 West of the 6th P.M., bears South 61°48’41” East, a distance of 9,407.35 fee t from

which point water flows by gravity initially through a 6 inch pipeline to the East Branch Pumping Station, a distance of 2,700 feet,

with a grade of 7 feet per 1,000 feet and a carrying capacity of .62 cubic feet per second; and from the East Branch Pumping Station

will be pumped into head tanks and then discharged by pipes to places of use. 4.1.2.2.3. Intake 3- Ute Creek Pipeline. The headgate

of Ute Creek Pipeline is located at a point whence the SE Corner of Section 36, Township 2 South, Range 78 West of the 6th P.M.,

bears South 61°54’25” East, a distance of 9,341.93 feet from which point 40 cubic feet per second of time will be diverted through the

Ute Creek Pipeline with a diameter of 30”, a grade of 7 feet per 1,000 feet and a length of 2,000 feet to Intake 4, at which point the

pipeline is enlarged to 36” to carry an additional 11 cubic feet of water per second on a grade of 7 feet per 1,000 feet, and a length of

700 feet to the point of discharge into the East Branch Reservoir. 4.1.2.2.4. Intake 4- Lower Ute Creek Intake. Intake 4 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 53°10’ East

7,854.93 feet. Intake 4 diverts 11 cubic feet of water per second of time from an unnamed tributary of Ute Creek into the enlarged Ute

Creek Pipeline, which from the intake has a diameter of 36”, a grade of 7 feet per 1,000 feet and a length of 700 feet and a carrying

capacity of 51 cubic feet per second, and discharges water into the East Branch Reservoir. 4.1.2.2.5. Intake 5- Lost Creek Intake.

The point of diversion of the Lost Creek Intake is at the Lost Creek Pumping Station located at a point whence A.P. 8 of Bureau of

Land Management Exchange Survey No. 375 in the Arapahoe National Forest in unsurveyed Township 2 South, Range 78 and 79

West of the 6th P.M., located in Section 8, Township 2 South, Range 78 West of the 6th P.M., bears North 87°58’0” West, a distance

of 3,278 feet, at the outlet works of the Lost Creek Dam from which 20 cubic feet per second of water is pumped to the intake of the

Mill Water Return Pumping Station at the Ute Park Tailing Pond initially through a 24” pipeline a distance of 17,500 feet at an

adverse grade of 17 feet per 1,000 feet, and discharges into the East Branch Reservoir. 4.2. No Correction of Well Location. 4.3. No

Change in Points of Diversion. 5. Name(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. Pursuant to C.R.S. § 37-92-302(2)(b),

Applicant shall supplement this Application with evidence that the Applicant has, within ten (10) days of filing this Application, given

notice of the Application by registered or certified mail, return receipt requested, to the following owners of land upon which water is

or will be stored: 5.1. Williams Fork Reservoir is owned and operated by the City and County of Denver, acting by and through its

Board of Water Commissioners, 1600 West 12th

Avenue, Denver, Colorado 80254. 5.2. Green Mountain Reservoir is owned by and

located on the lands owned by the United States of America. The project is operated by the Bureau of Reclamation, Eastern Colorado

Area Office, 11056 W. County Rd 18E, Loveland, CO 80537-9711. 5.3. East Branch Reservoir is owned by and located on lands



owned by the Applicant. WHEREFORE, Applicants requests that the Court enter a decree granting the change of water rights and for

such other relief which it deems proper. (12 pages)






81601.






12CW177 GARFIELD COUNTY. APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR

AUGMENTATION. 1. Name and Address of Applicant. Exxon Mobil Corporation ("ExxonMobil"), 16825 Northchase Drive,

Greenspoint 2 Building Room 224, Houston, TX 77060. Copies of all pleadings to: Glenn E. Porzak, Kristin H. Moseley, and Karen

L. Henderson, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. (303) 443-6800. 2.

Overview. ExxonMobil seeks the right to augment out-of-priority diversions from the Main Elk-Wheeler Gulch Pipeline and

Mahaffey Pumping Plant and Pipeline at their decreed alternate point of diversion on the Colorado River (i.e., the Dow Pumping Plant

and Pipeline). The source of augmentation water is ExxonMobil's existing 6,000 acre-feet contract for release of Ruedi Reservoir

water. In addition, ExxonMobil seeks to utilize the diversions from these water rights as imported water in the Piceance Creek and

Yellow Creek basins in Rio Blanco County, Colorado for all decreed and augmentation uses. 3. Description of Water Rights to be

Changed and Augmented. (a) Main Elk-Wheeler Gulch Pipeline. 40 cubic feet per second ("c.f.s.") conditionally decreed by the

Garfield County District Court in Civil Action No. 4914 on November 10, 1966, for industrial, domestic, municipal, and irrigation

purposes with a June 19, 1963 appropriation date. The source of supply is Main Elk Creek, which is a tributary of the Colorado River.

This water right is decreed for use on land in both the Colorado River basin and in the Piceance Creek basin pursuant to District Court

in and for Water Division No. 5 ("Water Court") Case No. 84CW56. The original point of diversion is on the East side of Main Elk

Creek at a point whence the Southwest Corner of Section 14, Township 5 South, Range 91 West of the 6th

P.M. bears South 68 06’

East 616 feet. By decree of the Water Court in Case No. 00CW258, this water right can alternately divert at the point of diversion for

the Dow Pumping Plant and Pipeline, as decreed in Water Court Case No. 82CW369, which is located at a point in Lot 9, Section 6,


P.M., Garfield County, Colorado from which point the South quarter corner of said Section 6

bears South 69° 19’ West 1,327 feet. For ease of reference, but without changing the decreed location, this alternate point of diversion

can be also be described as being located in the SW¼ of the SE¼ of Section 6, Township 7 South, Range 95 W of the 6th P.M., at a

point 1,380 feet West of the East section line and 564 feet North of the South section line of said Section 6, based on BLM PLSS

mapping. See Exhibit A. (b) Mahaffey Pumping Plant and Pipeline. 60 c.f.s. conditionally decreed by the Water Court in Case No.

82CW349 on April 27, 1983, for industrial, domestic, municipal, and irrigation purposes with a June 9, 1982 appropriation date. The

water will be 100% consumptively used pursuant to the decree in Water Court Case No. 82CW349. The source of supply is the

Colorado River and its tributaries and releases from Main Elk Reservoir. The original point of diversion is located on the north bank

of the Colorado River in the SW¼ of the SE¼ of Section 33, Township 6 South, Range 95 West of the 6th

P.M., at a point whence the

Southwest Corner of said Section 33 bears South 85 48’ West 3,140 feet. By decree of the Water Court in Case No. 00CW258, this

water right can alternately divert at the point of diversion for the Dow Pumping Plant and Pipeline, as decreed in Water Court Case

No. 82CW369, which is located at a point in Lot 9, Section 6, Township 7 South, Range 95 West, 6th

P.M., Garfield County, Colorado

from which point the South quarter corner of said Section 6 bears South 69° 19’ West 1,327 feet. For ease of reference, but without

changing the decreed location, this alternate point of diversion can also be described as being located in the SW¼ of the SE¼ of

Section 6, Township 7 South, Range 95 W of the 6th P.M., at a point 1,380 feet West of the East section line and 564 feet North of the

South section line of said Section 6, based on BLM PLSS mapping. See Exhibit A. 4. Description of the Change of Water Rights.

ExxonMobil seeks the following changes of water rights: (a) Change in Place of Use of Water Rights. ExxonMobil seeks the right to

import and use the Main Elk-Wheeler Gulch Pipeline and the Mahaffey Pumping Plant and Pipeline water rights in the Piceance Creek

and Yellow Creek basins in Rio Blanco County, Colorado when being diverted at their decreed alternate point of diversion on the

Colorado River. Specifically, the imported water will be used on lands within the Piceance Creek and Yellow Creek basins in which

ExxonMobil, its subsidiaries and/or affiliates own an interest (including lease, mineral, and fee interests) and any federal lease

interest(s) within the Piceance Creek and/or Yellow Creek basins, including those federal lease interests and lands that may be

obtained in the future. These new places of use are in addition to the existing decreed places of use in the Colorado River basin and in

the Piceance Creek basin. As the existing decreed uses are 100% consumptive, there will be no expansion of use by the requested

change in place of use. ExxonMobil anticipates that its use of water imported into the Piceance and Yellow Creek basins will likewise

be 100% consumptive. However, to the extent that less than 100% of the water is consumed, ExxonMobil reserves all rights pursuant



to the imported water statute promulgated at C.R.S. §37-82-106, including the right to make a succession of uses of such water by

exchange or otherwise make reuse or successive use of the imported (a.k.a. foreign) water to extinction. While no exchange utilizing

the imported water within the Piceance Creek and Yellow Creek basins is sought by this application, nothing herein precludes the

direct use of the imported water or other such uses that do not require a subsequent water court decree. (b) Confirmation and/or

Change of Type of Use. ExxonMobil requests confirmation of and/or the right to use the water rights decreed to the Main Elk-

Wheeler Gulch Pipeline and the Mahaffey Pumping Plant and Pipeline for augmentation purposes in addition to the previously

decreed uses. 5. Description of the Plan for Augmentation. ExxonMobil seeks to adjudicate a plan to augment the out-of-priority

diversions from the Main Elk-Wheeler Gulch Pipeline and Mahaffey Pumping Plant and Pipeline when being diverted at their decreed

alternate point of diversion on the Colorado River. The source of augmentation water is ExxonMobil's existing 6,000 acre-feet

contract for release of Ruedi Reservoir water. Ruedi Reservoir was decreed by the Garfield County District Court in Civil Action No.

4613 on June 20, 1958, for domestic, municipal, irrigation, industrial, generation of electrical energy, stockwatering, and piscatorial

uses, with an appropriation date of July 29, 1957. By subsequent order of the Water Court entered in Water Court Case No. W-789-

76, the decreed amount of Ruedi Reservoir water has been fixed at 102,369 acre-feet. Ruedi Reservoir is located in Sections 7, 8, 9,

11 and 14 thru 18, Township 8 South, Range 84 West, 6th

P.M., in Eagle and Pitkin Counties, and derives its water supply from the

Fryingpan River, which is tributary to the Roaring Fork River, tributary to the Colorado River. By Water Service Agreement dated

May 13, 1982, between ExxonMobil and the United States Bureau of Reclamation, ExxonMobil has the right to call for the release of

up to 6,000 acre-feet annually from Ruedi Reservoir. Pursuant to the water right decrees and the Operating Principles of the

Fryingpan-Arkansas Project (House Document 130), the Colorado River Water Conservation District exercised its discretionary

authority on July 21, 2009, and approved ExxonMobil’s use of water released from Ruedi Reservoir, as described above, to augment

depletions of water from and tributary to the Colorado River for beneficial uses made by ExxonMobil in Water Division No. 6. (a)

Operation of the Plan for Augmentation. ExxonMobil will augment the out-of-priority diversions from the Main Elk-Wheeler Gulch

Pipeline and Mahaffey Pumping Plant and Pipeline when being diverted at the Colorado River alternate point of diversion by calling

for the release of up to 6,000 acre-feet of ExxonMobil’s Ruedi Reservoir contract water. These releases from Ruedi Reservoir are

intended to satisfy a call on the mainstem of the Colorado River that is downstream of and senior to the Main Elk-Wheeler Gulch

Pipeline and Mahaffey Pumping Plant and Pipeline water rights in time, place, and amount. (b) Depletion Assumption. In

determining the amount of out-of-priority depletions resulting from ExxonMobil’s diversions described herein and pursuant to this

plan for augmentation, it shall be assumed that all diversions will be 100% consumed. 6. Measurement and Accounting. (a)

ExxonMobil will install and maintain such measuring devices and implement such accounting procedures as may be required by the

Division Engineer for Water Division Nos. 5 and 6. (b) All diversion, storage, and release information shall be measured and recorded

on a daily basis and reported on monthly accounting forms approved by the Division Engineers for Water Division Nos. 5 and 6.

There shall be daily operation of the augmentation plan when needed. (c) For purposes of determining the amount of water from the

Main Elk-Wheeler Gulch Pipeline and Mahaffey Pumping Plant and Pipeline that is imported into the Piceance Creek and Yellow

Creek basins, a measurement device approved by the Division Engineer for Water Division No. 5 shall be maintained at the point of

diversion in the Colorado River basin. Although no transit losses are anticipated within the pipeline, additional measuring devices

shall also be placed at all points of discharge in the Piceance Creek and Yellow Creek basins to verify the amount of imported water.

The amount of imported water shall be the lesser of these two measurements. Reasonable transit losses will be assessed as determined

by the Division Engineer for Water Division No. 6 for delivery of the imported water between the point(s) of discharge and the

place(s) of use within the Piceance Creek and Yellow Creek basins. (d) In the event that water diverted from the Main Elk-Wheeler

Gulch Pipeline and Mahaffey Pumping Plant and Pipeline is imported into the Piceance Creek and Yellow Creek basins via truck

rather than through a pipeline, such water shall be measured at the point of filling of the truck in the Colorado River basin and at the

point of discharge in the Piceance Creek and Yellow Creek basins to account for any additional losses of water during transit. (e)

ExxonMobil’s monthly accounting forms shall also document the amount, as recorded daily, of imported water released into the

Piceance Creek and Yellow Creek basins and associated transit losses. In the event ExxonMobil intends to make reuse or a succession

of uses of the imported water, then ExxonMobil will provide accounting sufficient to distinguish the volume of the imported water

from the volume of the streams into which the imported water is introduced, as required by C.R.S. § 37-82-106. (f) All accounting

records required by this Decree shall be filed with the State and the Division Engineers for Water Division Nos. 5 and 6 on an annual

basis by November 15th

of each year. The Division Engineers for Water Division Nos. 5 and 6 may also request more frequent

reporting if it is deemed necessary for administration of this Decree. Accounting records shall also be made available to any objector

upon request after reasonable notice. 7. Terms and Conditions. (a) Pursuant to C.R.S. §37-92-305(8), the State Engineer shall curtail

all out-of-priority diversions, the depletions from which are not so replaced to prevent injury to vested water rights. (b) Transit

Losses. All deliveries of the Ruedi Reservoir augmentation water to the alternate Colorado River point of diversion shall be subject to

the transit losses decreed by the Water Court in Case No. 82CW369. (c) Use of Alternate Points of Diversion. Pursuant to Water

Court Case No. 00CW258, ExxonMobil's rate of diversion at the alternate point of diversion for the Main Elk-Wheeler Gulch Pipeline

and Mahaffey Pumping Plant and Pipeline will not exceed the amount of water physically and legally available in priority for

diversion at the decreed original points of diversion for Main Elk-Wheeler Gulch Pipeline and Mahaffey Pumping Plant and Pipeline

water rights. ExxonMobil will install and maintain such measuring devices as are reasonably necessary to enable administration of

such condition. (d) Cumulative Use of Augmentation Water. The cumulative use of Ruedi Reservoir water shall not exceed 6,000



acre-feet as utilized in this application and Water Court Case Nos. 82CW369, 08CW199, and 11CW184. 8. Names and addresses of

owners of land upon which structures are or will be located, upon which water is or will be stored, or upon which water is or will be

placed to beneficial use: (a) ExxonMobil or its subsidiaries or affiliates is the owner of the land on which the Main Elk-Wheeler

Gulch Pipeline and Mahaffey Pumping Plant and Pipeline are alternately diverted on the Colorado River at the Dow Pumping Plant

and Pipeline. (b) Ruedi Reservoir is owned by the United States Bureau of Reclamation whose address is the Eastern Colorado

Office, Attn: Area Manager, 11056 West County Road 18E, Loveland, CO 80537. (8 pages including exhibit)






81601.






12CW178 SUMMIT COUNTY-GROUNDWATER TRIBUTARY TO FRENCH CREEK, TRIBUTARY TO THE BLUE

RIVER, TRIBUTARY TO THE COLORADO RIVER. Matthew G. Casey; 40 Hillside Dr.; Lakewood, CO 80215 (303)233-1482.

Prospect Gulch Spring-Application for Absolute Underground Water Right. Location: SE¼NE¼ of Sec. 32, T.6S, R.77W. of the 6th

P.M. 1,700 ft. from the north sec. line and 1,800 ft. from the east sec. line. Appropriation: Aug. 8, 1998. Amount: 0.033 c.f.s.,

absolute. Use: domestic use to supply drinking water for two residential dwelling units. (5 pages)






81601.






12CW179 PITKIN COUNTY. SOPRIS CREEK. Triple M Ranch Holdings, LLC, c/o Patrick, Miller, Kropf & Noto, P.C., Paul L.

Noto, Esq. and Laura C. Makar, Esq., 229 Midland Avenue, Basalt, CO 81621 (970) 920-1028. APPLICATION FOR ALTERNATE

POINT OF DIVERSION, SURFACE WATER RIGHT, AND STORAGE WATER RIGHT. FIRST CLAIM for Alternate Point of

Diversion. Decreed water right for which alternate point of diversion is sought: Name of structure: Davis Ditch. Date entered: Civil

Action No. 1985, May 15, 1918, District Court, Garfield County. Subsequent Decrees: Civil Action No. 4033, October 24, 1952,

District Court, Garfield County; and Case No. 81CW366, July 23, 1982, District Court, Water Division No. 5. Decreed point of

diversion: The decreed location of the headgate is on the East bank of East Sopris Creek, at a point about three-fourths of one mile

above the junction of the East and West forks of Sopris Creek, in the SW ¼ of the SE ¼ of Section 24, Township 8 S., Range 87 W. of

the 6th

P.M. (Civil Action Nos. 1985 and 4033). In Case No. 81CW366, the Court decreed an alternate point of diversion for 0.10 c.f.s.

at a point whence Angle Point No. 4 of Tract 69, Section 13, Township 8 S., Range 87 W. of the 6th

P.M. bears S. 75º07’25” E. 672.85

feet. Source: Sopris Creek, tributary to the Roaring Fork River and the Colorado River. Appropriation dates and amounts: Priority No.

221A-1: April 1, 1904, 1.4 c.f.s. Priority No. 570: September 5, 1947, 1.3 c.f.s. Decreed uses: Irrigation and domestic. Amount of

water that Applicant intends to divert at alternate point: 0.25 c.f.s. Detailed description of proposed alternate point of diversion.

Applicant requests an alternate of point of diversion for its 0.25 c.f.s. interest in the water rights described above. This water right has

historically been used to irrigate real property located generally in Section 13, Township 8 South, Range 87 West of the 6th

P.M. The

Colorado Decision Support System structure summary and diversion records are on file with the Court. Legal descriptions: Legal

description of original decreed location: See above. Legal description of alternate point of diversion: Pitkin County, SE1/4 SW1/4


P.M. at a point 931 feet from the South section line and 2,192 feet from the West

section line. Applicant owns the property upon which the structure will be located and upon which water is and will be placed to

beneficial use. SECOND CLAIM for Surface Water Right. Name of structure: Davis Ditch, Triple M Enlargement. Type: Ditch. Legal

description of point of diversion: Pitkin County, SE1/4 SW1/4 Section 13, Township 8 South, Range 87 West, 6th

P.M. at a point 931

feet from the South section line and 2,192 feet from the West section line. Source: Sopris Creek, tributary to the Roaring Fork River



and the Colorado River. Date of appropriation: September 28, 2012. How appropriation was initiated: Field inspection, survey,

formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 0.5 c.f.s.,

conditional. Uses: Irrigation, livestock watering, fire protection and to fill and refill the Triple M Pond for subsequent irrigation, fire

protection, piscatorial, recreation and aesthetic purposes. Irrigation use: Number of acres historically irrigated: None. Total number of

acres proposed to be irrigated: 9.2 acres total under both the Davis Ditch and the Davis Ditch Triple M Enlargement water rights.

Legal description of acreage: Located generally in Section 13, Township 8 S., Range 87 W. of the 6th

P.M. Non-irrigation uses: Fire

protection and water will be stored in the Triple M Pond, the location of which is described below. THIRD CLAIM for Storage Water

Right. Name of Reservoir: Triple M Pond. Legal description of reservoir dam: Pitkin County; SE1/4 SW1/4 Section 13, Township 8

South, Range 87 West, 6th

P.M. at a point 978 feet from the South section line and 2,508 feet from the West section line. A map of the

location of the point of diversion is on file with the Court. Name and capacity of ditch used to fill off-channel reservoir, and legal

description of point of diversion: Davis Ditch, Triple M Enlargement, with a capacity of 0.5 c.f.s.. The point of diversion is described

above. Source: Sopris Creek, tributary to the Roaring Fork River and the Colorado River. Date of appropriation: September 28, 2012.

How appropriation was initiated: Field inspection, survey, formulation of intent and to apply water to beneficial use. Date water

applied to beneficial use: N/A. Amount claimed: 2.0 acre-feet, conditional with the right to fill and refill when water is physically and

legally available. Uses: Fire protection, livestock watering, piscatorial, recreation, aesthetic and as an irrigation control structure for

Applicant’s Davis Ditch water rights. Irrigation use: Number of acres historically irrigated: None. Total number of acres proposed to

be irrigated: 9.2 acres total under both the Davis Ditch and the Davis Ditch Triple M Enlargement water rights. Legal description of

acreage: Located generally in Section 13, Township 8 S., Range 87 W. of the 6th

P.M. Surface area of high water line: 0.40 acre.

Maximum height of dam: Less than 10.0 feet. Length of dam: Approximately 300 feet. Total capacity of reservoir: Active capacity:

2.0 acre-feet. Dead storage: 0.0 acre-feet. Applicant owns the property upon which any structure will be located, upon which water

will be stored, or upon which water is and will be placed to beneficial use. (14 pgs.)






81601.






12CW180 PITKIN COUNTY. SOPRIS CREEK. Triple M Ranch Holdings, LLC, c/o Patrick, Miller, Kropf & Noto, P.C., Paul L.

Noto, Esq. and Laura C. Makar, Esq. 229 Midland Avenue, Basalt, CO 81621 (970) 920-1028. APPLICATION FOR PLAN FOR

AUGMENTATION AND EXCHANGE. FIRST CLAIM for Plan for Augmentation. Name of structures to be augmented: Davis

Ditch, Triple M Enlargement and Triple M Pond. Davis Ditch, Triple M Enlargement: Previous decree: N/A; Application pending.

Legal description: Pitkin County, SE1/4 SW1/4 Section 13, Township 8 South, Range 87 West, 6th

P.M. at a point 931 feet from the

South section line and 2,192 feet from the West section line. A map of the location of the point of diversion is on file with the Court.

Source: Sopris Creek, tributary to the Roaring Fork River and the Colorado River. Date of Appropriation: September 28, 2012.

Amount claimed: 0.5 c.f.s., conditional, with the right to fill and re-fill the Triple M Pond when water is physically and legally

available. Uses: Irrigation, livestock watering, fire protection and to fill and refill the Triple M Pond for subsequent irrigation, fire

protection, piscatorial, recreation and aesthetic purposes. Irrigation use: Number of acres historically irrigated: None. Total number of

acres proposed to be irrigated: 9.0 acres total under both the Davis Ditch and the Davis Ditch, Triple M Enlargement water rights.

Legal description of acreage: Located generally in Section 13, Township 8 S., Range 87 W. of the 6th

P.M. Triple M Pond: Previous

decree: N/A, Application pending. Legal description of reservoir dam: Pitkin County, SE1/4 SW1/4 Section 13, Township 8 South,

Range 87 West, 6th

P.M. at a point 978 feet from the South section line and 2,508 feet from the West section line. A map of the

location of the point of diversion is on file with the Court. Source: Sopris Creek, tributary to the Roaring Fork River and the Colorado

River. Date of Appropriation: September 28, 2012. Amount claimed: 2.0 acre-feet, conditional with the right to fill and refill when

water is physically and legally available. Surface area of high water line: 0.40 acre. Uses: Fire protection, livestock watering,

piscatorial, recreation, aesthetic, and as an irrigation control structure for Applicant’s Davis Ditch water rights. Water rights to be used

for augmentation: Basalt Water Conservancy District Allotment Contract: Applicant has applied for a Basalt Water Conservancy

District Allotment Contract for 4.1 acre-feet. Upon issuance of the contract, the following water rights will be made available to

Applicant for augmentation: Green Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal description: Located

approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of

Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township

2 South, Range 79 West of the 6th P.M. Adjudication Date: October 12, 1955. nAppropriation Date: August 1, 1935. Case Nos.:



2782, 5016, and 5017, United States District Court, District of Colorado; and Case No. 88CW022, District Court, Water Division No.

5. Decreed Amount: 154,645 acre feet and a refill right in the amount of 3,856 acre feet absolute and 150,789 acre feet, conditional.

Decreed Uses: In accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and

Auxiliary Facilities” in Senate Document 80. Ruedi Reservoir: Source: Frying Pan River, tributary of Colorado River. Legal

description: An on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th

P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: June 20, 1958. Appropriation Date: July 29,

1957. Case No.: C.A. 4613, Garfield County District Court. Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3

acre feet; reduced to 102,369 acre feet in Case No. W-789-76). Decreed Uses: Generation of electric energy, domestic, municipal,

industrial, irrigation, piscatorial, and stock watering. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was

decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet of the refill

right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre feet of the refill right was made absolute, for a

total of 69,766 acre feet absolute in the refill right. Information from previous decrees for Troy Ditch and Edith Ditch rights:

STRUC

TURE

PRIORI

TY

COU

RT

CASE

NO.

ADJ

DATE

APP

DATE

DECREE

D

AMOUN

T

(C.F.S.)

USE

(4)

AMOUNT SOLD, TRANSFERRED

OR RESERVED

AMOUNT

REMAINING (10)

(5) (6) (7) (8) (9) C.F.S. AF

Troy

Ditch (1)

370 3082 08/25/19

36

05/01/19

06

5.10 I 0.000 0.000 0.09

5

0.06

4

0.035 4.906 N/A

Troy

Ditch

1st Enlg

427 3082 08/25/19

36

05/01/19

28

10.80 I 0.000 0.000 0.20

0

0.13

4

0.073 10.39

3

N/A

Troy

Ditch

2nd

Enlg

669 4613 06/20/19

58

06/01/19

42

6.20 I 0.000 0.000 0.11

5

0.07

7

0.042 5.966 N/A

Edith

Ditch

353 3082 08/25/19

36

05/01/19

04

2.72 I 0.110 0.132

0

0.05

0

0.00

0

0.018 2.410 N/A

Edith

Ditch

1st Enlg

673 4613 06/20/19

58

07/01/19

46

3.23 I 0.000 0.000 0.06

0

0.00

0

0.022 3.148 N/A



Troy

Ditch

Water

System

aka

Lower

Headgat

e

(2) W-

2281

15.50(3)

I,D,

M

C,P

0.110 0.132

0

0.52

0

0.27

5

0.190 14.27

3

412.8

9

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River.

(2) Alternate point for all priorities of Troy and Edith Ditches.

(3) Combined amount limited to 15.5 c.f.s. and 453 AF of consumptive use, 300 AF of which can be stored.

(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.

(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.

(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).

(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 c.f.s. and 10.60 c.f.s. was included in Case No. 82CW357 for Ruedi

South Shores augmentation plan.

(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).

(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.

(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.

In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these

ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet

of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or

decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-

passing water at the headgate on the Frying Pan River. Information from previous decrees for Robinson Ditch rights:

STRUCTURE DECREED

AMOUNT/

c.f.s.

AMOUNT

OWNED BY

BWCD

(c.f.s.)(1)

ADJ. DATE APP. DATE PRIORITY CASE

NO. (2)

ROBINSON

DITCH

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

ROBINSON

DITCH

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

ROBINSON

DITCH

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

ROBINSON

DITCH

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

ROBINSON

DITCH

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

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal

24.16% of the total shares and are associated with 9.73 c.f.s. of the 40.26 c.f.s. decreed to the Robinson Ditch.

(2) District Court in and for Garfield County

Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River

one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. Historic Use: Irrigation of approximately

137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed

that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of

use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use

pursuant to an approved substitute supply plan or decree of Court. Statement of plan for augmentation: Background: Applicant

intends to irrigate up to 9.2 acres on its land. 7.37 acres were historically irrigated under the Davis Ditch, Priorities 221A-1 and 570.

An additional 1.83 acres will be irrigated under the Davis Ditch, Triple M Enlargement occurring above the historic Davis Ditch

structure and will be augmented hereunder. Irrigation water will be delivered by the Davis Ditch at the alternate point of diversion



applied for concurrently herewith and by the Davis Ditch, Triple M Enlargement described above. Out of priority depletions from the

irrigation, livestock watering and pond evaporative losses will be replaced with water from a Basalt Water Conservancy District

Allotment Contract released to augment the Roaring Fork and Colorado Rivers. Pond Evaporation: Monthly evaporation for the Triple

M Pond was calculated using the State Engineer’s Office guidelines and criteria. The average annual total evaporation for

approximately 0.40 surface acre is estimated to equal 1.37 acre-feet annually. Irrigation Depletions: The Davis Ditch and the Davis

Ditch, Triple M Enlargement will irrigate up to 9.2 acres on Applicant’s property. 1.83 acres of new irrigation under the Davis Ditch,

Triple M Enlargement are augmented under this plan. Applicant will use its Davis Ditch and Davis Ditch, Triple M Enlargement water

rights in priority to irrigate the historically irrigated acreage on its property. The consumptive use rate for irrigation in this area was

estimated using the modified Blaney-Criddle methodology approved by the State Engineer. This analysis calculates approximately

1.985 acre feet per acre per year. Lagged return flows were considered and do not change the net irrigation depletion calculation.

Livestock Watering Depletions: The Davis Ditch, Triple M Enlargement and the Triple M Pond will water up to 10 head of livestock

located on Applicant’s property. The expected depletions due to livestock watering are 0.123 acre-feet annually. Dry Year Operations:

For a dry year scenario, augmentation releases shall be made by contract. Applicant owns the property upon which any structure will

be located, upon which water will be stored, or upon which water is and will be placed to beneficial use. SECOND CLAIM for

Appropriative Right of Exchange. Name of structure: Triple M Exchange. Location: Lower Termini: For the exchange of Green

Mountain Reservoir water: The confluence of the Roaring Fork River and the Colorado River located in the SE¼ of the NW¼ of

Section 9, Township 6 South, Range 89 West of the 6th

P.M., at a point approximately 2,200 feet from the north section line and 2,350

feet from the west section line. For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the

Roaring Fork River and the Frying Pan River located in the SW¼, SE¼, Sec 7, Township 8 South, Range 86 West, 6th

P.M., 647 feet

from the south section line and 1475 feet from the east section line. For the exchange of Robinson Ditch water: The point of diversion

for the Robinson Ditch on the Roaring Fork River, located in the NW¼, SE¼, Sec. 11, Township 8 South, Range 87 West, 6 P.M.,

2307 feet from the south section line and 2309 feet from the east section line. Upper Terminus: Davis Ditch, Triple M Enlargement, as

described in paragraph 2.A. Sources: As above. Date of appropriation: September 28, 2012. How appropriation was initiated: By field

inspection, survey, formulation of intent to appropriate the exchange. Date water applied to beneficial use: N/A. Rate: 0.5 c.f.s.,

conditional, based on diversion rate. Volume: 4.1 acre-feet, conditional. Plan of operation: The plan for augmentation claimed herein

includes an appropriative right of exchange of the augmentation water released pursuant to a Basalt Water Conservancy District

allotment contract applied for by Applicant, extending from the lower termini described above to the upper terminus described in

above. Applicant will operate the exchange when it is in priority. (20 pgs.)






81601.






12CW181 MESA COUNTY, COLORADO RIVER. APPLICANT: UNITED STATES OF AMERICA. APPLICATION FOR

SURFACE WATER RIGHTS. 1. Name, address, telephone number of applicant: United States of America, Department of the

Interior, Bureau of Land Management, Grand Junction Field Office, c/o Kristen C. Guerriero, Special Assistant United States

Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO

80215. Telephone (303) 231-5353, extension 552. 2. Name of structures: Companion Springs, Zane’s Spring 3. Legal description of

each point of diversion: Companion Springs - Located on public lands in the NW/4 NE/4, Section 29, T6S R101W, Sixth P.M.,

approximately 200 feet south of the north section line and 2,450 feet west of the east section line. 698800mE, 4376084mN, NAD 83,

Zone 12. Zane’s Spring - Located on public lands in the SW/4 NW/4, Section 11, T11S R104W, Sixth P.M., approximately 1750 feet

south of the north section line and 1275 feet east of the west section line. 673975mE, 4331582mN, NAD 83, Zone 12, in an

unsurveyed area. (Note: Legal description is an estimate and developed by protraction from the nearest surveyed point.) 4. Source:

Companion Springs: Unnamed tributary to East Salt Creek/Salt Creek/Colorado River Zane’s Spring: Unnamed tributary to

Knowles Canyon/Colorado River 5. A. Date of appropriation: 12/31/2012 B. How appropriation was initiated: BLM personnel

inventoried the quality and quantity of water available for livestock and wildlife management purposes and provided public notice of

the appropriation via a water court application. C. Date water applied to beneficial use:12/31/2012 6. Amount claimed: Companion

Springs: 0.0011 cfs, absolute Zane’s Spring: 0.0011 cfs, absolute 7. Uses: Companion Springs: wildlife and livestock Zane’s Spring:

wildlife and recreation. The springs provide water for bear, elk, deer, desert bighorn sheep, small mammals, and birds. The springs

also provide forage and cover for wildlife use. Companion Springs provides water for a herd of up to 320 cattle on the East Salt Creek



16602 Grazing Allotment. Zane’s Spring provides water for hikers and hunters using Knowles Canyon. 8. Name and address of

owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land

Management, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. (6 pgs.)






81601.






12CW182 GARFIELD COUNTY. COLORADO RIVER. Applicant: United States of America. APPLICATION FOR SURFACE

WATER RIGHTS. 1. Name, address, telephone number of applicant: United States of America, Department of the Interior, Bureau

of Land Management, Grand Junction Field Office, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the

Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-

5353, extension 552. 2. Name of structures: Left Fork Carr Creek Spring; Bear Gulch Spring #2; Henderson Ridge Spring 3.Legal

description of each point of diversion: All GPS readings are in NAD 83, Zone 12 South. Left Fork Carr Creek Spring: Located on

public lands in the SE/4 SW/4 (Lot 7), Section 1, T6S R100W, Sixth P.M., approximately 1315 feet from the south section line and

2100 feet from the west section line (irregular section). 714381mE 4381779mN Bear Gulch Spring #2: Located on public lands in the

SW/4 SW/4, Section 1, T6S R100W, Sixth P.M., approximately 250 feet from the south section line and 380 feet from the west

section line. 713867mE 4381339mN Henderson Ridge Spring: Located on public lands in the SW/4 SE/4, Section 2, T6S R100W,

Sixth P.M., approximately 1020 feet from the south section line and 2620 feet from the east section line (irregular section).

712947mE 4381653mN 4. Source: Unnamed tributaries to Left Fork Carr Creek/Carr Creek/Roan Creek/Colorado River 5. A. Date

of appropriation: 012/31/2012 B. How appropriation was initiated: BLM personnel inventoried the quality and quantity of water

available for livestock and wildlife management purposes and provided public notice of the appropriation via a water court

application. C. Date water applied to beneficial use: 12/31/2012 6. Amount claimed: Left Fork Carr Creek Spring: 0.0132 cfs,

absolute Bear Gulch Spring #2: 0.0132 cfs, absolute Henderson Ridge Spring: 0.033 cfs, absolute 7. Uses: Livestock and wildlife.

The springs provide water for a herd of up to 37 cattle in the Bear Gulch Grazing Allotment. In addition, the springs provide water

for bear, elk, deer, mountain lions, coyotes, other small mammals, and birds. 8. Name and address of owner of land on which point

of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Grand Junction

Field Office, 2815 H Road, Grand Junction, CO 81506. (5 pages)






81601.






12CW183 GARFIELD COUNTY. Applicant: United States of America. APPLICATION FOR SURFACE WATER RIGHTS. 1.

Name, address, telephone number of applicant: United States of America, Department of the Interior, Bureau of Land

Management, Grand Junction Field Office, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor,

Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353,

extension 552. 2. Name of structures: BLM Spring 185-18 3. Legal description of each point of diversion: Located on public lands

in the NE/4 SE/4, Section 10, T5S R98W, Sixth P.M., approximately 1525 feet north of the south section line and 150 feet west of the

east section line. 725938mE, 4389466mN, NAD 83, Zone 12. 4. Source: Unnamed tributary to Sheep Gulch/Clear

Creek/Roan Creek/Colorado River 5.A. Date of appropriation: 12/31/2012 B. How appropriation was initiated: BLM

authorized use of the BLM personnel inventoried the quality and quantity of water available for livestock and wildlife management

purposes and provided public notice of the appropriation via a water court application. C. Date water applied to beneficial use:



12/31/2012 6. Amount claimed: 0.0088 cfs, absolute 7. Uses: livestock and wildlife. The spring provides water, forage, and cover

for elk, deer, mountain lion, small mammals, birds, and wild horses. The spring also provides water for a herd of up to 550 cattle on

the Slash EV Grazing Allotment. 8. Name and address of owner of land on which point of diversion and place of use is located:

United States Department of the Interior, Bureau of Land Management, White River Field Office, 220 East Market Street, Meeker,

CO 81641. (5 pages)






81601.






12CW184 PITKIN AND EAGLE COUNTIES. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE 1. Name

and Address of Applicant: Wildcat Reservoir Company (“Wildcat”), c/o William R. Hegberg, P.O. Box 274, Snowmass, Colorado

81654. Direct all pleadings to: Glenn E. Porzak and Kristin Howse Moseley, Porzak Browning & Bushong LLP, 929 Pearl Street,

Suite 300, Boulder, Colorado 80302. 2. Overview: Wildcat seeks approval of a plan for augmentation and appropriative right of

exchange to offset out-of-priority evaporative depletions from Wildcat Reservoir by making releases from Ruedi Reservoir.

3.Description of Water Right to be Augmented: Wildcat seeks to augment directly or by exchange the following water right: a.

Structure and Decree: Wildcat Reservoir, decreed by the Water Court in and for Water Division No. 5 ("Water Court") in Case No.

W-21 on May 27, 1991, with a September 28, 1968 appropriation date, and Wildcat Reservoir Second Filing decreed by the Water

Court in Case No. 91CW234 on May 12, 1993, with a June 1, 1976 appropriation date. b. Location: The left abutment of the dam for

Wildcat Reservoir is located on the west bank of Wildcat Creek at a point whence the SW corner of Section 30, T. 9 S., R. 85 W. of

the 6th P.M. bears S. 53 degrees, 31' E., 6,800 feet. For ease of reference, but without changing the decreed location, this alternate

point of diversion can be also be described as being located in the SW1/4 NW1/4 of Section 25, Township 9 South, Range 86 West, of

the 6th

P.M. at a point 1,591 feet from the North section line and 129 feet from the West section line. A map depicting the location of

Wildcat Reservoir is attached hereto as Exhibit A. c. Source: The source is East Snowmass Creek and Wildcat Creek, tributary to

Snowmass Creek, tributary to the Roaring Fork River. d. Amount and uses: 1,140 a.f. for municipal, irrigation and recreational uses.

4. Water right to be Used as the Source of Augmentation Water. Up to 140 acre feet of 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 Pitkin Counties, and derives its water supply

from the Fryingpan River. Wildcat is seeking the contract right to delivery of up to 140 acre-feet of Ruedi Reservoir water from the

U.S. Bureau of Reclamation, all or a portion of which will be utilized in this application. Any remaining amount of the 140 acre-feet

Ruedi Reservoir contract water will be utilized in a separate application or applications. 5. Description of the Plan for Augmentation

and Appropriative Right of Exchange: By this application, Wildcat seeks to augment, either directly or by exchange, out-of-priority

evaporative depletions from Wildcat Reservoir, described in paragraph 3 above. a. Augmentation Plan. To permit the requested out-

of-priority evaporative depletions, Wildcat proposes to cause the release of or otherwise commit to the Roaring Fork and Colorado

Rivers from the Ruedi Reservoir contract water described in paragraph 4 above. The replacement water will be provided upstream of

the location of the calling water right. The precise timing and amount of releases from Ruedi Reservoir shall be subject to

administration by the Division Engineer and/or the Water Commissioner. b. Depletion Assumption. It is assumed that all evaporative

depletions from Wildcat Reservoir are 100% consumptive. As denoted on the table attached hereto as Exhibit B, gross evaporative

loses from Wildcat Reservoir have been estimated to be 3.43 feet per surface acre and total anticipated out-of-priority dry-year

evaporative losses are anticipated to total 87.22 a.f. over the 55.03 total surface acres. c. Exchange Plan Reach and Rate. When an

exchange is necessary to augment its out-of-priority depletions, Wildcat seeks the right to operate the following appropriative right of

exchange: Wildcat seeks approval of a plan to augment by exchange out-of-priority evaporative depletions from Wildcat Reservoir

pursuant to its contractual right to the delivery of Ruedi Reservoir water described in paragraph 4 above. The downstream terminus of

the exchange is the confluence of the Fryingpan and Roaring Fork Rivers located in the SW1/4 of the SE1/4 of section 7, T8S, R86W,

in the 6th P.M. at a point 1440 feet from the east section line, and 750 feet from the south section line. The upstream termini of the

exchange is the inlet of Wildcat Reservoir located at NE1/4 NW1/4 of Section 36, Township 9 South, Range 86 West, of the 6th

P.M.

at a point 23 feet from the North section line and 2,096 feet from the West section line. The maximum rate of exchange is 1.25 c.f.s.

The exchange or any portion thereof described herein shall only operate in priority. d. Priority Date. A December 31, 2012 priority



date is sought in connection with the subject plan for exchange, which is the date of filing of this application. 6. Measurement

Devices. So as to ensure the operation of the augmentation and exchange plan, Wildcat 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. 7. Names and addresses of owners of land upon which structures are or will be located, upon which

water is or will be stored, or upon which water is or will be placed to beneficial use: (a) Wildcat Reservoir is located on land owned

by Wildcat Ranch Association, whose address is P.O. Box 274, Snowmass, Colorado 81654. (b) Ruedi Reservoir is owned by the

United States Bureau of Reclamation, whose address is the Eastern Colorado Office, Attn: Area Manager, 11056 West County Road

18E, Loveland, CO 80537. (7 pages including exhibits)






81601.






12CW185 PITKIN AND GARFIELD COUNTY, CRYSTAL RIVER. The Town of Carbondale, c/o Mark E. Hamilton, Esq. and

Kylie J. Crandall, Esq., Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, (970) 925-3476,

[email protected]; [email protected]. Application for Change of Water Rights. Decreed name of structure for

which change is sought: Ella Ditch. Prior decree information: 06/17/1913; Case Nos.: C.A. 1008 and C.A. 3082, Garfield County Dist. Ct.

Decreed location: on the east bank of the Crystal River at a point in the NW1/4 SW1/4 of Sec. 22, T. 3 S., R. 88 W. 6th P.M., Pitkin

County, CO; also described with UTM Coordinates (NAD 83) as: Northing (UTMy): 4356811; Easting (UTMx): 309728; PLSS

description: NE 1/4 SW 1/4 of Sec. 22, T. 8 S., R. 88 W. of the 6th P.M., at a point 1995 feet N. of the S. Sec. Line and 2500 feet E. of the

W. Sec. Line. Source: Crystal River, trib. to Roaring Fork River Approp. dates: 06/22/1885 (Priority No. 127A); 06/22/1926 (Priority No.

423). Decreed Amounts: 9.1 c.f.s., absolute (Priority No. 127A--Applicant claims 1.82 c.f.s. of this priority); 3.45 c.f.s., absolute (Priority

No. 423—Applicant claims 0.69 c.f.s. of this priority). Historic use: irrigation. Proposed change: Applicant seeks to establish an alternate

point of diversion for its Ella Ditch water rights at a point downstream on the Crystal River at the location of the Carbondale Ditch.

The point of diversion for the Carbondale Ditch is described as follows: (1) as decreed in C.A. Nos. 0132 and 3082: a point on the east

bank of the Crystal River about two miles above the mouth thereof, whence the large stone pier of the abandoned railroad bridge

across the Crystal River bears N. 71°51’ W. 181.2 feet, Garfield County, CO; (2) UTM Coordinates (NAD 83): Northing (UTMy):

4360715; Easting (UTMx): 310343; (3) PLSS location: SE1/4 NE1/4 of Sec. 10, T. 8 S., R. 88 W. of the 6th P.M., at a point 2075 feet

S. of the N. Sec. line and 990 feet W. of the E. Sec. Line. Remarks: Pursuant to the change of water rights requested herein, the Town

seeks approval of the diversion and use of its Ella Ditch water rights when in priority (total of 2.51 c.f.s. consisting of 1.82 c.f.s. of

Priority No. 127A and 0.69 c.f.s. of Priority No. 423) through the Carbondale Ditch for purposes of irrigating the same acreage (up to

28.1 acres) that has been irrigated historically by the Town’s Ella Ditch water rights. The historically irrigated lands are now occupied

by the new Roaring Fork High School and the Town’s North Face Park and associated playing fields. Maps and diversion records are

attached to the Application. Name and address of owners of land upon which structures are located: The point of diversion for the Ella

Ditch is located upon lands owned by Mary N. Harutun QPR Trust, 589 Thomas Road, Carbondale, CO 81623. The point of diversion for

the Carbondale Ditch is located upon lands owned by Four Bar Ranch Co., LTD, P.O. Box 686, Carbondale, CO 81623. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2013 to file with the Water Clerk a





81601.










12CW186 PITKIN COUNTY. SNOWMASS CREEK. James R. Donnelley, as Successor Trustee of the Gaylord Donnelley T/U/A

dated June 28, 1941 for the benefit of Laura Donnelley, c/o Patrick, Miller, Kropf & Noto, P.C., 229 Midland Avenue, Basalt, CO

81621 (970) 920-1028.APPLICATION FOR ABSOLUTE WATER RIGHT AND FOR APPROVAL OF PLAN FOR

AUGMENTATION INCLUDING EXCHANGE. FIRST CLAIM: FOR ABSOLUTE WATER RIGHT. Name of structure: Donnelley

Well Pond System, comprised of a main pond and a sedimentation pond. Legal description: The outlet structure of main pond is

located in the SE ¼ of the SE ¼ of Section 34, Township 8 South, Range 86 West of the 6th

P.M., at a point approximately 1,222 feet

north of the South Section line and 861 feet west of the East Section line of said Section 34 (Pitkin County). The embankment of the

sedimentation pond is located within a 200 foot radius of this location. Maps of the pond system are shown on maps on file with the

Court. Sources: The Donnelley Ditch, a 12-inch diameter headgate that diverts water from Snowmass Creek, tributary to the Roaring

Fork and Colorado Rivers, and collects local springs and seeps, tributary to Snowmass Creek. The pond system also likely intercepts

groundwater, tributary to Snowmass Creek. If filled from a ditch or ditches: Name of ditch used to fill pond and capacity in c.f.s.: The

Donnelley Ditch, 1.0 c.f.s. The ditch diverts water from Snowmass Creek into the sedimentation pond prior to discharging into the

main pond. The ditch serves only as a fill structure for the pond system and does not divert water for other direct beneficial uses. Legal

description of point of diversion: The headgate is located in the SE ¼ of the SE ¼ of Section 34, Township 8 South, Range 86 West of

the 6th

P.M., at a point approximately 1,064 feet north of the South Section line and 595 feet west of the East Section line of said

Section 34 (Pitkin County). A map is on file with the Court. Amount claimed: 0.87 acre-foot, absolute, with the right to fill and re-fill

when water is physically and legally available. Uses: Aesthetic, piscatorial, and augmentation. Surface area of high water line: 0.19

acre (0.12 acre for the main pond and 0.07 acre for the sedimentation pond). Maximum height of dam in feet: Less than 10 feet for the

main pond and the sedimentation pond. Length of dam: Approximately 120 feet for the main pond and approximately 160 feet for the

sedimentation pond. Total capacity of pond in acre feet: 0.87 acre-foot (0.7 acre-foot for the main pond and 0.17 acre-foot for the

sedimentation pond). Active capacity: 0.42 acre-foot (0.42 acre-foot for the main pond and 0.0 acre-foot for the sedimentation pond).

Dead storage: 0.45 acre-foot (0.28 acre-foot for the main pond and 0.17 acre-foot for the sedimentation pond). Date of appropriation:

October 15, 1975. How appropriation was initiated: Storage and application of water to beneficial use. Date water applied to beneficial

use: October 15, 1975. Name and address of owner of the land upon which any new diversion or storage structure, or modification to

any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any

modification to the existing storage pool: Applicant. SECOND CLAIM: FOR APPROVAL OF PLAN FOR AUGMENTATION.

Name of structure to be augmented: Donnelley Well Pond System as described in the First Claim above. Water rights to be used for

augmentation: Donnelley Well Pond System, as described in the First Claim above. A Basalt Water Conservancy District (“BWCD”)

Allotment Contract for up to 0.5 acre-foot from the following water rights for augmentation purposes: Green Mountain Reservoir.

Source: Blue River, tributary to the Colorado River. Legal description: NE ¼ of the SE ¼ of Section 15, Township 2 South, Range 80

West of the 6th

P.M., 2312 feet from the south section line and 992 feet from the east section line (Summit County). UTM coordinates:

Northing 4414928, Easting 386227.9, Zone 13. Note: The distances from section lines and UTM coordinates were obtained from the

Division of Water Resources’ CDSS database and/or Aquamap program. Adjudication date: October 12, 1955. Appropriation date:

August 1, 1935. Case Nos.: C.A. 2782, 5016, and 5017, U.S. District Court, District of Colorado; and Case No. 88CW022, District

Court, Water Division No. 5. Decreed amount: 154,645 acre-feet, and a refill right in the amount of 3,856 acre-feet absolute and

150,789 acre-feet, conditional. Decreed uses: In accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of

Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Ruedi Reservoir: Source: Frying Pan River, tributary

to the Colorado River. Legal description: NW ¼ of the NW ¼ of Section 18, Township 8 South, Range 84 West of the 6th

P.M., 324

feet from the north section line and 984 feet from the west section line (Eagle and Pitkin Counties). UTM coordinates: Northing

4358646, Easting 343227.7, Zone 13. Note: The distances from section lines and UTM coordinates were obtained from the Division

of Water Resources’ CDSS database and/or Aquamap program. Adjudication date: June 20, 1958. Appropriation date: July 29, 1957 .

Case No.: C.A. 4613, Garfield County District Court. Decreed amount: 102,369 acre-feet (originally decreed for 140,697.3 acre-feet;

reduced to 102,369 acre-feet in Case No. W-789-76). Decreed uses: Generation of electric energy, domestic, municipal, industrial,

irrigation, piscatorial, and stock watering. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a

refill right in the amount of 101,280 acre-feet, conditional. In Water Court Case No. 95CW95, 44,509 acre-feet of the refill right was

made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre-feet of the refill right was made absolute, for a total of

69,766 acre-feet absolute in the refill right. Troy Ditch and Edith Ditch water rights:

STRUCT

URE

PRIORI

TY

COU

RT

CASE

NO.

ADJ

DATE

APP

DATE

DECREE

D

AMOUN

T

(CFS)

USE

(4)


OR RESERVED

AMOUNT

REMAINING (10)

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

Troy

Ditch (1)

370 3082 08/25/19

36

05/01/19

06

5.10 I 0.000 0.000 0.09

5

0.06

4

0.035 4.906 N/A

Troy

Ditch 1st

Enlg

427 3082 08/25/19

36

05/01/19

28

10.80 I 0.000 0.000 0.20

0

0.13

4

0.073 10.39

3

N/A



Troy

Ditch 2nd

Enlg

669 4613 06/20/19

58

06/01/19

42

6.20 I 0.000 0.000 0.11

5

0.07

7

0.042 5.966 N/A

Edith

Ditch

353 3082 08/25/19

36

05/01/19

04

2.72 I 0.110 0.132

0

0.05

0

0.00

0

0.018 2.410 N/A

Edith

Ditch 1st

Enlg

673 4613 06/20/19

58

07/01/19

46

3.23 I 0.000 0.000 0.06

0

0.00

0

0.022 3.148 N/A

Troy

Ditch

Water

System

aka Lower

Headgate

(2) W-

2281

15.50(3)

I,D,

M

C,P

0.110 0.132

0

0.52

0

0.27

5

0.190 14.27

3

412.8

9



(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.




(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South

Shores augmentation plan.




In Case No. W-2281, Division 5, the Court decreed that 453 acre-feet of annual consumptive-use credits were available to these

ditches, and that 300 acre-feet could be stored in an unnamed reservoir. BWCD owns 412.89 acre-feet of the 453 acre-feet, and makes

the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and

Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on

the Frying Pan River. Legal descriptions: Troy Ditch: NW ¼ of the NE ¼ of Section 14, Township 8 South, Range 84 West of the 6th

P.M., 285 feet from the south section line and 967 feet from the east section line (Pitkin County). UTM coordinates: Northing

4356860, Easting 350640, Zone 13. Note: Distances from section lines and UTM coordinates were obtained from the Division of

Water Resources’ CDSS database and/or Aquamap program. When AquaMap converts the UTM coordinates, the quarter quarter

coordinates are SE ¼ of the SE ¼. Edith Ditch: SW ¼ of the SW ¼ of Section 12, Township 8 South, Range 84 West of the 6th

P.M.,

326 feet from the south section line and 981 feet from the west section line (Eagle County). UTM coordinates: Northing 4358454,

Easting 351278.1, Zone 13. Note: Distances from section lines and UTM coordinates were obtained from the Division of Water

Resources’ CDSS database and/or Aquamap program. Robinson Ditch water rights:

STRU

CTURE

DEC

REED

AM

OUNT/

(cfs)

AMOUNT

OWNED BY

BWCD

(cfs)(1)

ADJ. DATE APP. DATE PRI

ORITY

CASE

NO. (2)

ROBIN

SON

DITCH

5.00 1.21 05/1

1/1889

06/1

5/1882

38

132

ROBIN

SON

DITCH

2.50 0.60 05/1

1/1889

04/1

5/1886

140

132

ROBIN

SON

DITCH

2.00 0.48 05/1

1/1889

11/1

5/1886

167

132

ROBIN

SON

DITCH

10.70 2.59 12/2

9/1903

04/2

5/1899

212

C

1061



ROBIN

SON

DITCH

20.06 4.85 08/2

5/1936

04/2

5/1900

326

3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of

the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.

(2) District Court in and for Garfield County.

Legal descriptions: NW ¼ of the SE ¼ of Section 11, Township 8 South, Range 87 West, of the 6th

P.M., 2307 feet from the south

section line and 2309 feet from the east section line (Eagle County). Historic Use: Irrigation of approximately 137.2 acres of hay and

pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre-feet of

annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s

Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an

approved substitute supply plan or decree of Court. Statement of Plan for Augmentation: Background: Applicant owns the property

shown on the maps on file with the Court. On this property sits the Donnelley Well Pond System. The pond system is filled and re-

filled by the Donnelley Ditch, a 12-inch diameter headgate that diverts water out of Snowmass Creek, and likely collects local springs

and seeps that are tributary to Snowmass Creek. The pond system also likely intercepts groundwater tributary to Snowmass Creek.

Evaporation: The total open surface area of the Donnelley Well Pond System, including the surface area of Donnelley Ditch, is 0.19

acre. The annual gross evaporation from the pond system occurs at a rate of 45 inches per one surface acre per year. The average

annual evaporation from the pond system is 0.646 acre-foot. Monthly evaporation was calculated using the State Engineer’s Office

guidelines and criteria as provided on Table 1 on file with the Court. Although the pond system likely intercepts groundwater, the

evaporation depletions from the pond system do not cause any delayed effects on the stream due to the pond system’s close proximity

to Snowmass Creek and because the groundwater elevation is several feet below the high water elevation. Downstream calls: The

primary source of a water right call on Snowmass Creek and the Roaring Fork River is the “Cameo Call” made by several downstream

agricultural rights on the Colorado River near Grand Junction. These rights have historically placed a call on the Upper Colorado

River during average and dry years for one week in April, one week in May, two weeks in June, all of July through October, and one

week in November. Pursuant to this plan for augmentation, Applicant shall secure a BWCD Allotment Contract in the amount of up to

0.5 acre-foot to augment by exchange any mainstem call including the Cameo Call. Whenever a valid call is made by a senior water

right with a point of diversion below the confluence of the Roaring Fork and Fryingpan Rivers, all out-of-priority evaporation

depletions from the Donnelley Well Pond System shall be augmented by exchange by releases from the various BWCD water rights

described in paragraph 14.B above. An augmentation schedule is outlined in Table 2. Applicant’s Third Claim below is for an

appropriative right of exchange for the reaches between the point of depletion on Snowmass Creek and the downstream points of

replacement on the Roaring Fork and/or Colorado Rivers. Colorado Water Conservation Board (“CWCB’s”) local call: The CWCB

holds instream flow water rights in Snowmass Creek from its confluence with Capital Creek to the Roaring Fork River, and in the

Roaring Fork River above its confluence with the Fryingpan River. However, the Donnelley Well Pond System was a present use in

existence before the CWCB appropriations. Therefore, pursuant to C.R.S. § 37-92-102(3)(b), Applicant is not proposing to replace

evaporation depletions from the pond system to satisfy a CWCB call. Other local calls: Historically, senior agricultural water rights on

Snowmass Creek and on the Roaring Fork River above its confluence with the Fryingpan River have not placed calls. However, if a

valid call occurs, Applicant shall cease all diversions into the Donnelley Well Pond System from the Donnelley Ditch. Additionally,

all out-of-priority evaporation depletions from the pond system shall be replaced by releases of water from the main pond that is

surcharged above the groundwater table due to in-priority diversions from the Donnelley Ditch. The releases shall be accomplished

via an outlet structure directly into Snowmass Creek, and shall be made in a volume equal to the actual evaporation depletion to the

extent that the depletion is caused by uncontrolled inflow as estimated in Table 2. Table 2 outlines an augmentation schedule for any

local call occurring between April and mid-November. The water that was diverted in priority into the pond system from the

Donnelley Ditch shall then draw down by evaporation and percolation into the groundwater table. Applicant shall install a staff gauge

into, and create a detailed stage capacity curve for, the pond system to fully implement this plan. Onsite storage releases from the

Donnelley Well Pond System shall occur only in the event of local calls other than calls by the CWCB. THIRD CLAIM: FOR

CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE. Name of structure: Donnelley Exchange. Location: Downstream

Termini: The points of replacement on the Roaring Fork and/or Colorado Rivers of the BWCD’s water rights listed above and

described with particularity as follows: For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and

Colorado Rivers, located in the SE ¼ of the NW ¼ of Section 9, Township 6 South, Range 89 West of the 6th

P.M., at a point

approximately 2,200 feet south of the North Section line and 2,350 feet east of the West Section line of said Section 9; For the

exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork and Frying Pan Rivers located

in the SW ¼ of the SE ¼ of Section 7, Township 8 South, Range 86 West of the 6th

P.M., at a point 647 feet north of the South Section

line and 1,475 feet west of the East Section line of said Section 7; and For the exchange of Robinson Ditch water: The point of

diversion for the Robinson Ditch on the Roaring Fork River, located in the NW ¼ of the SE ¼ of Section 11, Township 8 South,

Range 87 West of the 6 P.M., at a point 2,307 feet north of the South Section line and 2,309 feet west of the East Section line of said

Section 11. A map of the BWCD’s augmentation supplies is on file with the Court. Upstream Terminus: The Donnelley Ditch,

described above. Sources: The sources are described above. Date of appropriation: September 1, 2012. Appropriation was initiated by



field inspection, survey, formulation of intent to appropriate the exchange, and water court application. Date water applied to

beneficial use: N/A. Rate: 0.006 c.f.s., conditional. Volume: Up to 0.5 acre-feet, conditional. Plan of operation: The plan for

augmentation described in the Second Claim above includes an appropriative right of exchange of the augmentation water released

pursuant to Applicant’s BWCD allotment contract, extending from the lower termini described above to the upper terminus described

above. Applicant shall operate the exchange only when it is in priority. (15 pgs.)






81601.






12CW187 ROUTT COUNTY-EGERIA CREEK, TRIBUTARY TO ROCK CREEK, TRIBUTARY TO THE COLORADO

RIVER. Application for Water Storage Rights; Applicant: Egeria Park, LLC, c/o Carl Luppens, 1 South Dahlia St., Denver, Co

80246, Phone: (303) 394-1400, Email: [email protected]; Please direct all correspondence, motions and pleadings to the

attorneys for the Applicant: William A. Paddock, Mason H. Brown, Carlson, Hammond & Paddock, LLC., 1900 Grant St. #1200,

Denver, CO 80203. Name of Reservoir: Sterner Reservoir; Legal description of location of dam. Sterner Reservoir is an existing

dam located in the SW ¼ SW ¼ of Section 28, the SE ¼ SE ¼ of Section 29, and the NE ¼ NE ¼ of Section 32, all in T1N, R85W of

the 6th

P.M., and is shown on the map attached to this application. The location of Sterner Reservoir as decreed on February 7, 1956,

in Civil Action No. 1123, Eagle County District Court is “the initial point of survey of the high water line of said reservoir is located

at a point whence the South quarter corner of Section 28, Township 1 North, Range 85 West of the 6th

Principal Meridian bears North

89° 49' East 2,300 feet.” Source: Inflow from drainage basin up gradient of Sterner Reservoir (2.5 ± square miles) and water in

Egeria Creek carried through the Reservoir Feeder Ditch. If filled from a ditch: A. Name of ditch used to fill reservoir and capacity:

Reservoir Feeder Ditch, decreed diversion rate of 4.1 c.f.s., which is in addition to the natural inflow to the reservoir from within its

drainage basin. B. Legal description of point of diversion: The point of diversion for the Reservoir Feeder Ditch, as decreed on

February 7, 1956, in Civil Action 1123, Eagle County District Court, is “located at a point on the Southerly bank of Egeria Creek

whence the Northwest corner of Section 30, Township 1 North, Range 85 West of the 6th

Principal Meridian bears North 81° 38' West,

3,790.9 feet.” FIRST CLAIM – SECOND FILLING OF STERNER RESERVOIR: Date of appropriation: October 1, 1995;

How appropriation was initiated: By closing the outlet of Sterner Reservoir and storing inflows; Date water applied to beneficial use:

October 1, 1995 Amount claimed: Conditional 522.1 (acre-feet) Absolute: 10 (acre-feet). To the extent that any portion of this

conditional water right is made absolute prior to the time a decree is entered on this application, then the Applicant requests a decree

for an absolute water right be entered in the amounts made absolute. If filled from a ditch, rate of diversion in c.f.s. for filling the

reservoir: Conditional: 2.1 c.f.s. Absolute 2.0 c.f.s. Use or Proposed Use: Recreation, piscatorial, fish and wildlife habitat, livestock

water, and irrigation. Irrigation Use: number of acres proposed to be irrigated - approximately 100. The lands to be irrigated are

located in the SW ¼ SE ¼ and SE ¼ SW ¼ of Section 28, and the NW ¼ NE ¼ and the NE ¼ NW ¼ of Section 33, all in T1N, R85W

of the 6th

P.M. The location of the irrigated acreage is shown on an excerpt from the Trapper USGS quadrangle map attach to this

application. If non-irrigation, describe purpose fully. Recreation, piscatorial, fish and wildlife habitat, livestock water. All uses

except livestock water will occur in the reservoir. Livestock watering will occur in the reservoir and in the SE ¼ of Section 29, the

South ½ of the SW¼ and SW ¼ SE ¼ of Section 28, the NE ¼ of Section 32, the North ½ of the NW ¼ and the NW ¼ of the NE ¼ of

Section 33, all in T1N, R85W of the 6th

P.M. The lands owned by the Applicant and on which the use will occur are shown on the

map attached to this application. Surface area of high water line: 54± acres. Vertical height of dam in feet measured vertically from

the elevation of the lowest point of the natural surface of the ground where that point occurs along the longitudinal centerline of the

dam up to the crest of the emergency spillway of the dam: 23± feet. Length of dam crest: about 306± feet. Total capacity of reservoir:

about 532.1 acre-feet as determined pursuant to the June 24, 1971 decree in this Court’s Case No. W-136. Active capacity: 522.1±;

Dead storage: approximately 10± acre-feet. SECOND CLAIM - STERNER RESERVOIR ENLARGEMENT: Date of

appropriation: December 20, 2012; How appropriation was initiated: by formation of intent to appropriate and taking overt actions in

furtherance of the appropriation including, but not limited to, the filing of this application; Date water applied to beneficial use: a

conditional water right is claimed, but to the extent the Applicant has exercised this water right prior to the time a decree is entered,

then the Applicant will seek an absolute water right in that amount of the water applied to beneficial use. Amount claimed: The

Applicant seeks a conditional water storage right for sufficient water to provide a total capacity of Sterner Reservoir of 1,763.3 acre-

feet after the enlargement. The reservoir has decreed absolute water rights totaling 532.1 acre-feet as determined in the June 24, 1971

decree in this Court’s Case No. W-136. Based upon that quantity, the Applicant seeks a conditional water storage right of not less




than 1,231.2 acre-feet conditional. If filled from a ditch, rate of diversion in c.f.s. for filling the reservoir: the greater of the actual

capacity of the Reservoir Feeder Ditch, previously estimated at 7 c.f.s., or its decreed capacity of 4.1 c.f.s., conditional. Use or

Proposed Use: Recreation, piscatorial, fish and wildlife habitat, livestock water, irrigation. The proposed irrigation use is the same as

that described above for the Second Filling of Sterner Reservoir. The non-irrigation uses are the same as that described above for the

Second Filling of Sterner Reservoir. Surface area of high water line: 98 acres. Vertical height of dam in feet measured vertically from

the elevation of the lowest point of the natural surface of the ground where that point occurs along the longitudinal centerline of the

dam up to the crest of the emergency spillway of the dam: 42 feet. Length of dam in feet: about 900 feet. Total capacity of reservoir:

1,763.3 acre-feet. Active capacity: 1,753.3 acre-feet; Dead storage: approximately 10 acre-feet. Name and address of owner of the

land upon which any new or existing 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 Applicant,

Egeria Park LLC, 1 South Dahlia Street, Denver, CO 80246. Remarks or any other pertinent information: The Applicant is the owner

of the land on which Sterner Reservoir is located and on which the proposed enlargement will be located. The Applicant does not own

the original water right for Sterner Reservoir. Thus, the Applicant further requests that any water that is stored under the second

filling water storage right claimed herein, and which remains in Sterner Reservoir at the end of the water year, not be accounted for as

water carried over in storage under the original water storage right for Sterner Reservoir. (6 pgs.)






81601.






12CW188 C Lazy U Ranch Holdings, LLC, c/o Triton Investment Company, 7901 E. Belleview Ave. #120, Englewood, Colorado

80111. Richard A. Johnson, Esq., David F. Bower, Esq., Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado

80304. Application For Underground Water Rights, Surface Water Rights, Spring Rights, Water Storage Rights, Change Of Water

Rights And Approval Of A Plan For Augmentation, In GRAND COUNTY, COLORADO. Applicant, C Lazy U Ranch Holdings,

LLC, by and through its undersigned counsel, respectfully submits this Application for Underground Water Rights, Surface Water

Rights, Spring Rights, Water Storage Rights, Change of Water Rights and Approval of a Plan for Augmentation: Overview.

Applicant owns the C Lazy U Ranch, a guest ranch and resort located north of Granby, Colorado. This application seeks water rights

and a plan for augmentation for the main ranch portion of the C Lazy U Ranch (the “Main Ranch”). The Main Ranch includes the

ranch headquarters, as well as guest rooms and cabins, a restaurant, staff housing, a spa, and a barn with livestock. There are also a

number of amenities associated with the Main Ranch, including a children’s fishing pond. The water rights claimed in this case will

provide the physical water supply for the Main Ranch and its amenities. The water rights will also be used to provide a physical water

supply to two privately-owned lots adjacent to the Main Ranch, commonly known as Murray Lots 1 and 2. Applicant will augment

depletions from all of these various water rights with a combination of Middle Park Water Conservancy District contract water, on-site

storage, and historical consumptive use credits from irrigation water rights that are being changed in this case. A map of the Main

Ranch and the various structures that are the subject of this application is attached hereto as Exhibit A. CLAIM FOR NEW WATER

RIGHTS. Name and Description of Underground Water Rights. Name of Structure. C Lazy U Well No. 1. Name of Water Right. C

Lazy U Well No. 1 First Enlargement. Location. SW1/4 SE1/4 of Section 2, Township 2 North, Range 77 West of the 6th P.M., at a

point whence the northwest corner of Section 2 bears North 27°46′ West a distance of 5,451.00 feet. Source. Ground water tributary

to Willow Creek, tributary to the Colorado River. Amount Claimed. 60 gpm, conditional. Appropriation Date. Date of application.

Uses or Proposed Uses. Stock watering and fire protection. Depth of Well. 67 feet. Remarks. The C Lazy U Well No. 1 was

originally decreed in Case No. W-1347 for domestic, fish culture, irrigation and commercial purposes. This enlargement only seeks to

add stock watering and fire protection as decreed uses for the structure. Name of Structure. C Lazy U Well No. 3. Name of Water

Right. C Lazy U Well No. 3. Location. SE1/4 SW1/4 of Section 2, Township 2 North, Range 77 West of the 6th P.M., 1,061 feet

from the south section line and 2,499 feet from the west section line of said Section 2. Source. Ground water tributary to Willow

Creek, tributary to the Colorado River. Amount Claimed. 60 gpm, conditional. Appropriation Date. Date of application. Uses or

Proposed Uses. Commercial, domestic, fire protection, irrigation and stock watering. Depth of Well. ~100 feet. Remarks. Applicant

proposes to irrigate approximately 4 acres with the C Lazy U Well No. 3. A map showing the general area where the irrigated acreage

will be located is attached hereto as Exhibit B. Name of Structure. C Lazy U Well No. 4. Name of Water Right. C Lazy U Well No.

4. Location. SW1/4 SE1/4 of Section 2, Township 2 North, Range 77 West of the 6th P.M., 1,122 feet from the south section line and

2,428 feet from the east section line of said Section 2. Source. Ground water tributary to Willow Creek, tributary to the Colorado



River. Amount Claimed. 60 gpm, conditional. Appropriation Date. Date of application. Uses or Proposed Uses. Commercial,

domestic, fire protection, irrigation and stock watering. Depth of Well. ~100 feet. Remarks. Applicant proposes to irrigate

approximately 4 acres with the C Lazy U Well No. 4. A map showing the general area where the irrigated acreage will be located is

attached hereto as Exhibit B. Name of Structure. C Lazy U Supplemental Well No. 1. Name of Water Right. C Lazy U

Supplemental Well No. 1 (Main Ranch). Location. SW1/4 SE1/4 of Section 2, Township 2 North, Range 77 West of the 6th P.M.,

562 feet from the south section line and 1,528 feet from the east section line of said Section 2. Source. Ground water tributary to

Willow Creek, tributary to the Colorado River. Amount Claimed. 35 gpm, conditional. Appropriation Date. Date of application.

Uses or Proposed Uses. Commercial, domestic, fire protection, irrigation and stock watering. Depth of Well. 15 feet. Remarks.

Applicant proposes to irrigate approximately 4 acres with the C Lazy U Supplemental Well No. 1 (Main Ranch). A map showing the

general area where the irrigated acreage will be located is attached hereto as Exhibit B. The C Lazy U Supplemental Well No. 1

(Main Ranch) water right is claimed by Applicant and out-of-priority depletions from the well will be augmented under the Main

Ranch plan for augmentation requested in this case. In a contemporaneous Water Court filing, C Lazy U Ranch Development, LLC

and the Aspen Springs Owners Association, Inc. are claiming a new water right for this same well structure (named C Lazy U

Supplemental Well No. 1 (Aspen Springs)) which will be augmented out of priority under the plan for augmentation approved in Case

No. 08CW185, and amended in that matter. Applicant will own an undivided 50% interest in the well structure and appurtenances and

C Lazy U Ranch Development, LLC and the Aspen Springs Owners Association, Inc. will own an undivided 50% interest in the well

structure and appurtenances. Name of Structure. C Lazy U Kids Fish Pond. Name of Water Right. C Lazy U Kids Fish Pond.

Location. SE1/4 SW1/4 of Section 2, Township 2 North, Range 77 West of the 6th P.M., approximately 800 feet from the south

section line and 2,600 feet from the west section line of said Section 2. Source. Ground water tributary to Willow Creek, tributary to

the Colorado River. Amount Claimed. 5.62 gpm, absolute. Appropriation Date. September 1953. Uses or Proposed Uses.

Aesthetic, recreation and piscatorial. Remarks. The C Lazy U Kids Fish Pond is an unlined excavated structure that intercepts ground

water tributary to Willow Creek. The surface area of the C Lazy U Kids Fish Pond is approximately 1.65 acres, and includes the

surface area exposed when diverting freshening flows through the C Lazy U Kids Fish Pond Ditch. Applicant will replace out-of-

priority evaporative losses from the C Lazy U Kids Fish Pond under the plan for augmentation requested below. Applicant will also

divert water into the C Lazy U Kids Fish Pond from the C Lazy U Kids Fish Pond Ditch claimed below and augment evaporative

losses from the filling structure when operated out-of-priority. Name and Description of Surface Water Rights. Name of Structure. C

Lazy U Kids Fish Pond Ditch. Name of Water Right. C Lazy U Kids Fish Pond Ditch. Location of Diversion Point. SE1/4 SW1/4

of Section 2, Township 2 North, Range 77 West of the 6th P.M., 1,214 feet from the south section line and 2,013 feet from the west

section line of said Section 2. Source. Willow Creek, tributary to the Colorado River. Amount Claimed. 10 cfs, absolute (for

aesthetic, recreation, fire protection and piscatorial uses); 150 gpm, conditional (for irrigation and stock watering). Appropriation

Date. September 1953 for aesthetic, recreation, fire protection and piscatorial uses. Date of application for irrigation and stock

watering. Uses or Proposed Uses. Aesthetic, recreation, fire protection, piscatorial, irrigation and stock watering. Remarks.

Applicant proposes to irrigate approximately 4 acres with the C Lazy U Kids Fish Pond Ditch. A map showing the general area where

the irrigated acreage will be located is attached hereto as Exhibit B. The C Lazy U Kids Fish Pond Ditch may be diverted out-of-

priority to provide freshening flows to the C Lazy U Kids Fish Pond. When diverted out-of-priority, diversions will flow-through the

C Lazy U Kids Fish Pond and be returned immediately to Willow Creek. Any out-of-priority evaporative depletions from the ditch

will be augmented under the plan for augmentation requested below. Name of Structure. C Lazy U Stock Diversion. Name of Water

Right. C Lazy U Stock Diversion. Location of Diversion Point. SW1/4 SE1/4 of Section 2, Township 2 North, Range 77 West of the

6th P.M., 450 feet from the south section line and 1,673 feet from the east section line of said Section 2. Source. Willow Creek,

tributary to the Colorado River. Amount Claimed. 50 gpm, conditional. Appropriation Date. Date of application. Uses or Proposed

Uses. Stock watering. Name and Description of Spring Rights. Name of Structure. C Lazy U Spring No. 2. Name of Water Right.

C Lazy U Spring No. 2 First Enlargement. Location. SW1/4 SW1/4 of Section 11, Township 2 North, Range 77 West of the 6th

P.M., at a point where the southwest corner of Section 11 bears South 75°27′ West a distance of 887.0 feet. Source. Spring or

seepage tributary to the Colorado River. Amount Claimed. 9 gpm, conditional. Appropriation Date. Date of application. Uses or

Proposed Uses. Commercial and domestic. Remarks. The C Lazy U Spring No. 2 was originally decreed in Case No. W-9 for

irrigation and stock watering purposes. This enlargement only seeks to add commercial and domestic as decreed uses for the

structure. Name of Structure. C Lazy U Spring No. 3 and Pipeline. Name of Water Right. C Lazy U Spring No. 3 and Pipeline First

Enlargement. Location. NE1/4 NW1/4 of Section 11, Township 2 North, Range 77 West of the 6th P.M., at a point whence the north

1/4 corner of Section 11 bears North 37°23′ East a distance of 550.8 feet. Source. Spring or seepage tributary to Willow Creek,

tributary to the Colorado River. Amount Claimed. 11 gpm, conditional (for irrigation and stock watering); 20 gpm, conditional (for

commercial and domestic uses). Appropriation Date. Date of application. Uses or Proposed Uses. Commercial, domestic, irrigation

and stock watering. Remarks. The C Lazy U Spring No. 3 and Pipeline was originally decreed in Case No. W-10 for irrigation and

stock watering purposes. This enlargement seeks to increase the decreed irrigation and stock watering uses by 11 gpm and to add a 20

gpm commercial and domestic right to the structure. Name of Structure. C Lazy U Spring No. 4. Name of Water Right. C Lazy U

Spring No. 4 Second Enlargement. Location. SW1/4 NE1/4 of Section 11, Township 2 North, Range 77 West of the 6th P.M., 1,720

feet south from the north line and 1,780 feet west from the east line of said Section 11. Source. Spring or seepage tributary to Willow

Creek, tributary to the Colorado River. Amount Claimed. 15 gpm, conditional. Appropriation Date. Date of application. Uses or



Proposed Uses. Commercial. Remarks. The C Lazy U Spring No. 4 was originally decreed in Case No. 01CW141 for domestic,

irrigation and stock watering purposes and the first enlargement was decreed in Case No. 08CW187 for domestic, irrigation and fire

protection purposes. This enlargement only seeks to add commercial as a decreed use for the structure. Name and Description of

Water Storage Right. Name of Structure. C Lazy U Fish Pond No. 2. Name of Water Right. C Lazy U Fish Pond No. 2 Second

Enlargement. Location of Dam Centerline. SE1/4 NE1/4 of Section 3, Township 2 North, Range 77 West of the 6th P.M., 2,050 feet

from the north section line and 614 feet from the east section line of said Section 3. Sources. Willow Creek, tributary to the Colorado

River. Runoff, springs and seepage tributary to Willow Creek, tributary to the Colorado River. Name and Location of Filling

Structures. C Lazy U Fish Pond No. 2 Diversion No. 1: NW1/4 NW1/4 of Section 2, Township 2 North, Range 77 West of the 6th

P.M., 1,184 feet from the north section line and 1,010 feet from the west section line of said Section 2. C Lazy U Fish Pond No. 2

Diversion No. 2: SW1/4 NW1/4 of Section 2, Township 2 North, Range 77 West of the 6th P.M., 1,801 feet from the north section

line and 1,220 feet from the west section line of said Section 2. Rate of Fill. 10 cfs. Amount Claimed. 15.77 acre-feet, conditional,

with the right to fill and refill. Appropriation Date. Date of application. Uses or Proposed Uses. Augmentation, replacement and

exchange and fire protection. Surface Area of High Water Line. ~1.85 acres. Total Capacity of Reservoir. 15.77 acre-feet.

Remarks. The C Lazy U Fish Pond No. 2 was originally decreed in Case No. W-11 for irrigation, recreation, fish culture, stock

watering and domestic purposes and the first enlargement was decreed in Case No. 08CW187 augmentation, replacement and

exchange, fire protection, fish culture, recreation and stock watering purposes. This enlargement seeks to add direct diversions from

Willow Creek as a source for filling the structure. The C Lazy U Fish Pond No. 2 may also store historical consumptive use credits

from the changed Adams Ditch, Willow Ditch and Trail Creek Ditch water rights, as claimed in this case. CLAIM TO CHANGE

WATER RIGHTS Change of Water Right – Adams Ditch. Name of Structure. Adams Ditch. Original and all Relevant Subsequent

Decrees. The Adams Ditch was decreed on August 11, 1917 in Civil Action 304, in the District Court of Grand County, Colorado.

An enlargement for the Adams Ditch was decreed on November 7, 1952 in Civil Action 814, in the District Court of Grand County,

Colorado. A change in the location of the point of diversion for the water right was decreed on April 15, 1981, in Case No. 80CW413,

Water Division 5. Decreed Legal Description of Structure. The Adams Ditch headgate is located on the east bank of Adams Creek

whence the C-S-NW 1/64 Corner of Section 34, Township 3 North, Range 77 West of the 6th P.M. (a brass cap set by U.S.B.L.M. by

an independent resurvey done in 1979) bears North 19°12ʹ West 1,341.61 feet. Decreed Source of Water. Bell or Adams Creek,

tributary to Willow Creek, tributary to the Colorado River. Appropriation Dates and Total Amounts Decreed to Structure. The

Adams Ditch was awarded 0.375 cfs under Priority No. 317 by virtue of original construction and 2.0 cfs under Priority No. 477 by

virtue of the enlargement. Decreed Use. Irrigation. Amount of Water that Applicants Intend to Change. Applicant seeks to change

all 2.375 cfs decreed to the Adam Ditch and Adams Ditch Enlargement water rights. As part of this change, Applicant will (i) replace

the historical irrigation return flows associated with the changed water right only to calling water rights senior to the date of this

application; (ii) appropriate such return flows not required to prevent injury to senior water rights; and (iii) use such return flows for

all purposes stated in paragraph 7(b) below. The appropriation date for the retained return flows is the date of this application.

Detailed Description of Proposed Change. Complete Statement of Change. Applicant seeks to quantify the historical consumptive use

of and change all 2.375 cfs decreed to the Adams Ditch water rights. The historical consumptive use credits from the changed water

rights will be used at or in connection with operations at the Main Ranch. Historical Place and Amount of Use. A map showing the

general location of the historically irrigated area is attached hereto as Exhibit C. A table of the historical river headgate diversions at

the Adams Ditch, provided by the 1974 Annual Diversion Report and CDSS, is attached hereto as Exhibit D. Change of Uses.

Applicant seeks to quantify and change the subject water rights to be used for augmentation, replacement and exchange purposes at or

in connection with operations at the Main Ranch. The historical consumptive use credits from the changed water rights may either be

charged directly against out-of-priority depletions or may be stored for later release. Change of Water Right – Willow Ditch. Name of

Structure. Willow Ditch. Original and all Relevant Subsequent Decrees. The Willow Ditch was decreed on August 11, 1917 in Civil

Action 304, in the District Court of Grand County, Colorado. A change of the Willow Ditch water right was decreed on December 28,

1999, in Case No. 99CW73, Water Division 5. Decreed Legal Description of Structure. The Willow Ditch headgate is located

approximately at a point which bears North 26°02ʹ26ʺ West 775.95 feet from the southeast corner of Section 34, Township 3 Nor th,

Range 77 West of the 6th P.M. Decreed Source of Water. Willow Creek, tributary to the Colorado River. Appropriation Dates and

Total Amounts Decreed to Structure. The Willow Ditch was awarded 1.375 cfs under Priority No. 316 by virtue of original

construction. Of this 1.375 cfs, 0.041 cfs was quantified and changed to supply water to the Murray/Breider Pond in Case No.

99CW73, Water Division 5. Decreed Use. Irrigation. Amount of Water that Applicants Intend to Change. Applicant seeks to change

the portion of the Willow Ditch water right associated with approximately 1.7 acres of irrigation under the ditch. As part of this

change, Applicant will (i) replace the historical irrigation return flows associated with the changed water right only to calling water

rights senior to the date of this application; (ii) appropriate such return flows not required to prevent injury to senior water rights; and

(iii) use such return flows for all purposes stated in paragraph 8(b) below. The appropriation date for the retained return flows is the

date of this application. Detailed Description of Proposed Change. Complete Statement of Change. Applicant seeks to quantify the

historical consumptive use of and change the portion of the Willow Ditch water right associated with approximately 1.7 acres of

historically irrigated acreage under the ditch. The historical consumptive use credits from the changed water right will be used at or in

connection with operations at the Main Ranch. Applicant also seeks to change the description of the decreed location of the water

right to the actual location of the headgate as determined by a recent survey. Historical Place and Amount of Use. A map showing



the general location of the historically irrigated area is attached hereto as Exhibit C. A table of the historical river headgate diversions

at the Willow Ditch, provided by the 1974 Annual Diversion Report and CDSS, is attached hereto as Exhibit E. Change of Uses.

Applicant seeks to change the relevant portion of the water right to be used for augmentation, replacement and exchange purposes at

or in connection with operations at the Main Ranch. The historical consumptive use credits from the changed water right may either

be charged directly against out-of-priority depletions or may be stored for later release. Change of Decreed Legal Description for

Structure. Applicant seeks to change the decreed location of the Willow Ditch headgate to be described as follows: “The Willow

Ditch headgate is located on the west bank of Willow Creek in the SE1/4 SE1/4 of Section 34, Township 3 North, Range 77 West of

the 6th P.M., 722 feet from the south line and 356 feet from the east line of said Section 34.” Change of Water Right – Trail Creek

Ditch. Name of Structure. Trail Creek Ditch. Original and all Relevant Subsequent Decrees. The Trail Creek Ditch was decreed on

August 11, 1906 in Civil Action 112, in the District Court of Grand County, Colorado. An enlargement for the Trail Creek Ditch was

decreed on November 5, 1937 in Civil Action 657, in the District Court of Grand County, Colorado. Decreed Legal Description of

Structure. The Trail Creek Ditch headgate is located on the west bank of Trail Creek whence the NE corner of Section 35, Township

3 North, Range 77 West of the 6th P.M. bears North 63°30ʹ East 1,044 feet. Decreed Source of Water. Trail Creek, tributary to

Willow Creek, tributary to the Colorado River. Appropriation Dates and Total Amounts Decreed to Structure. The Trail Creek Ditch

was awarded 5.7 cfs under Priority No. 36 by virtue of original construction and 4.0 cfs under Priority No. 421 by virtue of the

enlargement. Decreed Use. Irrigation. Amount of Water that Applicants Intend to Change. Applicant owns 4/5 of the right decreed

under Priority No. 36 and all of the right decreed under Priority No. 421. Applicant seeks to change the portion of the Trail Creek

Ditch water rights associated with up to 19.8 acres of historically irrigated acreage under the ditch. As part of this change, Applicant

will (i) replace the historical irrigation return flows associated with the changed water right only to calling water rights senior to the

date of this application; (ii) appropriate such return flows not required to prevent injury to senior water rights; and (iii) use such return

flows for all purposes stated in paragraph 9(b) below. The appropriation date for the retained return flows is the date of this

application. Detailed Description of Proposed Change. Complete Statement of Change. Applicant seeks to quantify the historical

consumptive use of and change the portion of the Trail Creek Ditch water rights associated with up to 19.8 acres of historically

irrigated acreage under the ditch. The historical consumptive use credits from the changed water rights will be used at or in

connection with operations at the Main Ranch. Applicant also seeks to change the description of the decreed location of the water

right to the actual location of the headgate as determined by a recent survey. Historical Place and Amount of Use. A map showing

the general location of the historically irrigated area is attached hereto as Exhibit C. A table of the historical river headgate diversions

at the Trail Creek Ditch, provided by the 1974 Annual Diversion Report and CDSS, is attached hereto as Exhibit F. Change of Uses.

Applicant seeks to change the relevant portion of the water rights to be used for augmentation, replacement and exchange purposes at

or in connection with its operations at the Main Ranch. The historical consumptive use credits from the changed water rights may

either be charged directly against out-of-priority depletions or may be stored for later release. Change of Decreed Legal Description

for Structure. Applicant seeks to change the decreed location of the Trail Creek Ditch headgate to be described as follows: “The Trail

Creek Ditch headgate is located on the east bank of Trail Creek in the NE1/4 NE1/4 of Section 35, Township 3 North, Range 77 West

of the 6th P.M., 217 feet from the north line and 960 feet from the east line of said Section 35.” REQUESTED PLAN FOR

AUGMENTATION Statement of Plan for Augmentation. Name of Structures to be Augmented. C Lazy U Well No. 1, originally

decreed in Case No. W-1347. An enlargement for this structure is claimed in paragraph 3(a) above. C Lazy U Well No. 3, as claimed

in paragraph 3(b) above. C Lazy U Well No. 4, as claimed in paragraph 3(c) above. C Lazy U Supplemental Well No. 1 (Main

Ranch), as claimed in paragraph 3(d) above. C Lazy U Kids Fish Pond, as claimed in paragraph 3(e) above. C Lazy U Kids Fish

Pond Ditch, as claimed in paragraph 4(a) above. C Lazy U Stock Diversion, as claimed in paragraph 4(b) above. C Lazy U Spring

No. 2, as originally decreed in Case No. W-0009. An enlargement for this structure is claimed in paragraph 5(a) above. C Lazy U

Spring No. 3 and Pipeline, as originally decreed in Case No. W-0010. An enlargement for this structure is claimed in paragraph 5(b)

above. C Lazy U Spring No. 4, as originally decreed in Case No. 01CW141. An enlargement for this structure is claimed in

paragraph 5(c) above. Water Rights to be Used for Augmentation. Middle Park Water Conservancy District Contract Water.

Applicant proposes to cause the annual release of up to 5.0 acre-feet/year of water from the following source pursuant to Applicant’s

contract with the Middle Park Water Conservancy District (“Middle Park”): A portion of the 3,000 acre-feet produced by the Windy

Gap Project and stored in Granby Reservoir pursuant to paragraph 17 of the Agreement concerning the Windy Gap Project and the

Azure Reservoir and Power Project dated April 30, 1980, and the Supplement dated March 29, 1985, to the extent that water is

available under Applicant’s agreement with the Middle Park Water Conservancy District. The Windy Gap Project diverts at a point

on the North bank of the Colorado River whence the NW corner of Section 25, T. 2 N., R. 77 W. of the 6th P.M. bears S. 17° 30′ W. a

distance of 2,380 feet. Granby Reservoir is located on the Colorado River upstream of its confluence with the Fraser River in all or

parts of Sections 25, 26, 27, 34, 35, and 36 T. 3 N., R. 76 W.; Sections 29, 30, and 32, T. 3 N., R. 75 W.; Sections 1, 2, 3, 10, 11, 12,

13, and 15, T. 2 N., R. 76 W.; and Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22, and 23, T. 2 N., R. 75 W., of the 6th P.M. Grand

County, Colorado. C Lazy U Fish Pond No. 2 Second Enlargement, as claimed in paragraph 6 above. Adams Ditch Historical

Consumptive Use Credits. Applicant proposes to use historical consumptive use credits from the Adams Ditch water rights, changed

in this case as requested in paragraph 7 above. Willow Ditch Historical Consumptive Use Credits. Applicant proposes to use

historical consumptive use credits from the Willow Ditch water right, changed in this case as requested in paragraph 8 above. Trail

Creek Ditch Historical Consumptive Use Credits. Applicant proposes to use historical consumptive use credits from the Trail Creek



Ditch water rights, changed in this case as requested in paragraph 9 above. Additional or Alternative Sources. Applicant reserves the

right, pursuant to C.R.S. § 37-92-305(8), to use additional or alternative sources of water for replacement under this plan for

augmentation or an approved substitute water supply plan, on a temporary or permanent basis, including water leased or owned by

Applicant, subject to approval by the Water Court and/or the State Engineer’s Office. Applicant further reserves the right to use

additional or alternative sources of water for replacement under this plan for augmentation pursuant to an interruptible water supply

agreement approved pursuant to C.R.S. § 37-92-309. Detailed Description of Plan for Augmentation. Applicant shall replace all out-

of-priority depletions resulting from the augmented structures described above with Middle Park contract water, from the historical

consumptive use credits from the Adams Ditch, Willow Ditch and Trail Creek Ditch water rights changed in this matter (either

directly or from storage) and/or from water stored in priority under the C Lazy U Fish Pond No. 2 Second Enlargement water right

applied for in this case. Applicant also reserves the right to use additional or alternative sources of replacement water in this plan for

augmentation pursuant to C.R.S. §§ 37-92-308 and 309. Total current demands are estimated to be 28.84 acre-feet/year and total

depletions are estimated to be 12.88 acre-feet/year. A detailed description of Applicant’s demands and depletions under this plan for

augmentation are set forth below. For the purpose of evaluating the amount of replacement water needed to operate the plan for

augmentation, 100% of the depletions from the Main Ranch’s water system are assumed to be out-of-priority. Applicant expressly

reserves the right to increase or decrease the total demands and depletions, as well as the change the mix of uses described herein, so

long as the total depletions under the approved plan for augmentation do not exceed available augmentation and replacement water.

In any case, total future demands shall not exceed 60 acre-feet/year and future depletions shall not exceed 25 acre-feet/year under any

plan for augmentation approved by the Water Court. Projected Demands. The total water demand at the Main Ranch is currently

anticipated to be approximately 28.84 acre-feet/year. Total indoor demands for the Main Ranch headquarters, including the guest

rooms, cabins, restaurant, staff housing, office, spa, and sanitary outposts, is estimated to be 14.797 acre-feet/year. Outdoor demands,

including for patio washing, pool and hot tub maintenance, potted plant irrigation and stock watering, is estimated to be 4.638 acre-

feet/year. Lawn and garden irrigation demand is estimated to be 3.788 acre-feet/year for approximately 2.46 acres of irrigated area.

Evaporative depletions from the C Lazy U Kids Fish Pond, and the C Lazy U Kids Fish Pond Ditch when diverted out-of-priority to

provide freshening flows, will only occur during the summer months and are estimated to total 4.260 acre-feet/year. An additional

1.354 acre-feet/year of demand is estimated from domestic, stock watering and irrigation uses on two privately-owned lots located

adjacent to the Main Ranch, the Murray Lots 1 and 2, which will operate using the same water rights and plan for augmentation as the

Main Ranch. Consumptive Use. Total consumptive use from the Main Ranch and Murray Lots 1 and 2 using the depletion factors set

forth below is expected to be approximately 12.88 acre-feet/year. Indoor uses, including the guest rooms, cabins, restaurant, staff

housing, office, spa and Murray Lots, are expected to be 10% consumptive. The sanitary outpost uses are 100% consumptive.

Outdoor uses, including patio washing, pool and hot tub filter back flushing, replacing hot tub and pool evaporation, potted plant

irrigation and stock watering, are also estimated to be 100% consumptive. Other pool and hot tub maintenance demands are non-

consumptive. Lawn and garden irrigation is 80% consumptive. Evaporative depletions from the C Lazy U Kids Fish Pond and the C

Lazy U Kids Fish Pond Ditch are 100% consumptive. Conditional Right of Exchange. As part of this plan for augmentation,

Applicant claims a conditional right of exchange in order to replace out-of-priority depletions from the augmented structures at the

confluence of the Colorado River and Willow Creek with Middle Park contract water from the Windy Gap Project. Applicant’s

appropriative right of exchange consists of the following components: Downstream Terminus: The confluence of Willow Creek with

the Colorado River, located in the SE1/4 NW1/4, Section 21, Township 2 North, Range 76 West of the 6th P.M., 2,060 feet from the

north section line and 1,390 feet from the west section line. Upstream Terminus: The headgate of the C Lazy U Kids Fish Pond

Ditch, located in the SE1/4 SW1/4 of Section 2, Township 2 North, Range 77 West of the 6th P.M., 1,214 feet from the south section

line and 2,013 feet from the west section line of said Section 2. Exchange rate: Up to 0.036 cfs, or 0.714 acre-feet/day. Date of

appropriation: Date of application. Remarks. Applicant will operate the requested exchange only at such times when deliveries of

the replacement water at the relevant downstream exchange terminus will satisfy the downstream calling water right. Name and

Address of Landowner Upon which any New or Modified Diversion Structure is Located. All of the structures except C Lazy U

Spring No. 4, C Lazy U Fish Pond No. 2 Diversion No. 1 and C Lazy U Fish Pond No. 2 Diversion No. 2 are located on land owned

by Applicant. C Lazy U Spring No. 4 is located on land owned by C Lazy U Ranch Development, LLC, c/o Triton Investment

Company, 7901 E. Belleview Ave. #120, Englewood, Colorado 80111. C Lazy U Fish Pond No. 2 Diversion No. 1 is located on land

owned by Jacqueline and Fred Wacker, 611 E. Westminster Rd., Lake Forest, Illinois 60045. C Lazy U Fish Pond No. 2 Diversion

No. 2 is located on land owned by WL Family Trust, c/o Bill Lyons, 7901 E. Belleview Ave, Suite 250, Englewood, Colorado 80111.

(17 pages)






81601.








12CW189 EAGLE COUNTY. COLORADO RIVER. Application for Cond. Surface Water Rights, Change of Cond. Exchange,

and Approval of Amendment to Plan for Aug.. Applicants: Doris J. Allen-Kirchner Revocable Trust and the John P. Kirchner

Revocable Trust c/o Christopher Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546.

Summary: This Application seeks to add a supplemental physical source of supply for the Kirchner Main Pond and Kirchner House

Pond (both as decreed in Case Number 09CW95) from the Colorado River, and to augment out-of-priority depletions from diversions

by the new source consistent with the Plan for Aug. approved in Case Number 09CW95 including through exchange. Structure:

Kirchner Pump and Pipeline: Located in the SW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. at a pt. 1,222 ft. from the S. Sec. line

and 2,076 ft. from the E. Sec. line. Date of Approp.: 7/1/2012. How approp. was initiated: Formation of intent to appropriate and

engagement of engineering consultant to site and design the diversion and delivery structures. Amt.: 0.15 cfs, Cond. Uses: Irr. and

livestock watering through direct application or through storage in Kirchner Main Pond and Kirchner House Pond; aesthetic, rec.,

dom., pisc., and fire prot. through storage in Kirchner Main Pond and Kirchner House Pond. The Kirchner Pump and Pipeline is a

supplemental supply to the Kirchner Ditch, as decreed for these uses in Case Number 09CW95. Acres proposed to be irrigated: 2 acres

total, in combination with all irr. rights decreed in Case Number 09CW95 within NW1/4, SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M.

Amendment to Plan for Aug. Request to incorporate the Kirchner Pump and Pipeline as an augmented structure within the Plan for

Aug. decreed in Case No. 09CW95, and confirmation that replacement of evaporative depletions from the ponds to support their pisc.

uses is or can be included within the plan for Aug.. All other aspects of the Plan for Aug. decreed in Case No. 09CW95 will remain

the same, including the volume and timing of diversions and depletions. Structures to be Augmented: Kirchner Ditch, Kirchner Main

Pond, Kirchner House Pond, Kirchner Well, and Kirchner Pump and Pipeline. The Kirchner Ditch, Kirchner Main Pond, Kirchner

House Pond, and Kirchner Well are described in the Decree entered in Case Number 09CW95. Water Rights to be Used for Aug.:

Water available pursuant to Water Supply Contract CW09005 from the CRWCD, in the amt. of 4.8 AF of annual Aug. water releases,

or such lesser or greater amt. as required by the Court, from the sources described below to augment out-of-priority depletions. The

contract amt. includes an amt. equivalent to a ten percent (10%) transit loss associated with delivery of the Aug. releases. CRWCD’s

Wolford Mountain Reservoir, which has the following decreed water storage rights: (1) Case No. 87CW283: Decree Date:

11/20/1989. The dam is located in the SW1/4, NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. The inter Sec. of the dam axis with the

right abutment will occur at a pt. which bears S. 54 deg. 54'20" E. a dist. of 3,716.46 ft. from the NW Corner of said Sec. 25. Source:

Muddy Creek and its trib. Amt.: 59,993 AF, Cond.; of this amt., 32,986 AF were made absolute for pisc. and rec. uses by decree

entered into in Water Court Case No. 95CW251, and the full amt. was made absolute for all purposes by decree entered in Water

Court Case No. 02CW107. Approp. Date: 12/14/1987. Use: All beneficial uses, including but not limited to dom., mun., ag. and rec.

uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal SubDist. of the NCWCD; use to

meet the water requirements of the inhabitants of the CWRCD for all uses, including uses in the Middle Park area; and use to meet the

terms of a lease agreement executed 3/3/1987 between the CRWCD and the City and County of Denver. (2) Case No. 95CW281:

Decree Date: 8/26/1997. The dam is located in the SW1/4, NE1/4, Sec. 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the

dam axis (Sta. D19+35.61) with the W. Access Rd. (Sta. WR50+55.05), as shown on the CRWCD, Wolford Mountain Project,

Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a pt. which bears S. 53 deg. 24'56" E. a dist.

of 3,395.51 ft. from the NW Corner of said Sec. 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75 deg. 28'

29" E. Amt.: 6,000 AF Cond.. Approp. Date: 1/16/1995. Use: All beneficial uses by and for the benefit of the inhabitants of the

CRWCD, including but not limited to dom., municipal, industrial, irr., agricultural, pisc. and recreational; such uses will include

environmental mitigation, including environmental mitigation requirements assoc. with the Wolford Mountain Project; such uses will

be made directly or by substitution, Aug., or exchange. None of the water stored in the exercise of the right will be delivered directly

or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. (3) Case No. 98CW237: Decree Date:

7/6/2000. Legal Desc. of place of storage: Same as for 95CW281. Amt.: 30,000 AF Cond. with 15,895 AF being absolute for rec. and

pisc. and flood control. Approp. Date: 11/17/1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain

Reservoir in Case No. 87CW283, Dist. Court for Colorado Water Division No. 5 (11/20/1989 Judgment and Decree), and Case No.

95CW281, Dist. Court for Colorado Water Division No. 5 (8/26/1997 Judgment and Decree). 87CW283: The reservoir will be used

to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdist. of the NCWCD. This will involve all uses,

including but not limited to dom., mun., ag., and rec. uses. The reservoir will also be used to meet the water requirements of the

inhabitants of the CRWCD for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit

of the inhabitants of the CRWCD, including but not limited to dom., mun., ind., irr., ag., pisc. and rec.; such uses will include

environmental mitigation, including environmental mitigation requirements assoc. with the Wolford Mountain Reservoir Project; such

uses will be made directly or by substitution, Aug., or exchange. Remarks: The Refill Right described herein will be exercised to

provide supply for the Western Slope uses of water from Wolford Mountain Reservoir desc. above, including flood control, other

operational purposes, and environmental mitigation and enhancement for the benefit of uses within the CRWCD. The Refill Right



will not be used in conjunction with the Reservoir capacity (24,000 AF) which is allocated for the supply of water to the Denver Board

of Water Commissioners under Applicant’s contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is

allocated for Colorado River endangered fish releases. Ruedi Reservoir: CRWCD holds Contracts No. 009D6C0111, 009D6C0118,

039F6C0011, and 078D6C0106 from the United States Bureau of Reclamation for 6,730 AF of annual supply from Ruedi Reservoir

and may obtain additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain

Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. (1) 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 pt. whence the SW corner of Sec. 7, T. 8 S., R. 84 W., 6th P.M. bears N. 82 deg. 10'W. a dist. of 1,285 ft. (2)

Source: Fryingpan River. (3) Previous storage decrees: (a) Civil Action No. 4613: Decree Date: 6/20/1958. Court: Garfield County

Dist. Court. Amt.: 140,697.3 AF, reduced to 102,369 AF 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: 7/29/1957. Use: Dom., mun., irr., ind., generation of electrical energy, stock

watering and pisc.. (b) Case No. 81CW34: Decree Date: 4/8/1985. Court: Dist. Court, Water Div. No. 5. Amt.: 101,280 AF (refill); of

this amt., 44,509 AF were made absolute in Case No. 95CW95 and 25,257 acre ft. were made absolute in Case No. 01CW269, for a

total of 69,766 AF absolute. Approp. Date: 1/22/1981. Use: Irr, dom., mun., generation of electrical energy, stock watering, ind.,

pisc., rec. and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for rec. in times of

drought. Statement of Plan for Aug. This amended plan for Aug. replaces out-of-priority depletions from the dom., irr., aesthetic, rec.,

pisc. and livestock uses from the Kirchner Ditch, Kirchner House Pond, Kirchner Main Pond, Kirchner Well, and Kirchner Pump and

Pipeline on Applicants’ Property depicted on Figure 1 to app. and to replace evap. from the ponds in order to maintain them full for

their decreed purposes. The amended plan for Aug. described herein provides for replacement of all depletions for all demands

addressed in the orig. plan approved in Case No. 09CW95, and it is the Applicants’ intent that this amended plan supercede the orig.

plan for Aug. when approved. Irr. Demands. Irr. of 2.0 acres of lawn and landscaping depicted on Figure 2 to app. will be augmented

when out-of-priority to allow Applicants’ to continue irr. between June 15 and October 15. Evapotranspiration calculations performed

by Applicants’ engineer were based on a Modified Blaney-Criddle Method according to the Pochop Method. This analysis indicates a

net irr. requirement of 2.102 ft. per acre. As such, the total annual evapotranspiration demand for this 2.0 acres is 4.2 AF. Assuming

an irr. application efficiency of 80 percent, annual irr. diversions from Kirchner Ditch or Kirchner Pump and Pipeline, which may be

stored in the Kirchner Main Pond and Kirchner House Pond for later application, will be 5.3 AF. Evaporative Demands. Surface evap.

from the Kirchner Main and House ponds will be augmented when out-of-priority to allow these reservoirs to be kept full and

refreshed for their decreed uses. Total surface area of the ponds is estimated to be 0.45 acres. Gross annual surface evap. from the two

ponds was calculated using NOAA Technical Report NWS 33, Evap. for the Contiguous 48 United States, using the isopleths of

annual shallow lake evap. for the State of Colorado. The gross annual evap. was distributed on a monthly basis according to the

General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the State Engineer Pursuant to Sb-120 &

Sb93-260. After completing this surface evap. analysis, Applicants’ engineers concluded that the annual gross evap. is 40.00 inches

per acre of open water surface. Credit for effective precipitation was not taken, per the State Engineer’s Policy No. 2004-3. Over the

estimated 0.45 surface acres assoc. with the ponds, the total annual evap. is est. to be 1.352 AF if the ponds are kept full year-round.

Livestock Demands. Diversions for livestock watering will be assumed entirely consumptive and augmented year-round. Up to 60

gallons per day, which is 0.67 AF of consumptive use per year, may be diverted and consumed for livestock under this plan (the

equivalent of four horses, each est. to consume up to 15 gallons per day). Dom. Demands: Dom. use from two single-family

dwellings on the Property will be augmented when out of priority to allow dom. use year-round. The two single family dwellings will

have water demands equal to two Equivalent Residential Units (“EQR”). Each EQR contemplates 3.5 persons, each utilizing 100 gpd.

The in-house diversion demand of two EQRs will therefore be 700 gpd, which is 0.784 AF annually. The individual septic disposal

system of each dwelling will be fifteen percent (15%) consumptive. Therefore, two EQRs are estimated to consume 0.118 AF per year

(0.059 AF per year per EQR). Need for Aug.: The primary water right calls that are expected to affect the water rights augmented

under this plan are on the Colorado River near Cameo, and the Shoshone call, which collectively have hist. placed calls on the Upper

Colorado River for most of the year. Replacement Releases: During periods when the augmented water rights would otherwise be

subject to admin. curtailment to satisfy a senior call, water will be released from storage or otherwise provided under a CRWCD

contract in an amt. sufficient to offset the out-of-priority consumption from irr., dom., and livestock uses, and any evap. depletions

assoc. with all the decreed beneficial uses of the augmented structures. Applicants have obtained a contract with the CRWCD for 4.8

AF. The supply available to Applicants under the CRCWD’s portfolio of water rights is adequate to replace out-of-priority depletions

to all water rights that might place an admin. call on the augmented water rights. Water will be made available from the CRWCD

portfolio of water rights described above in amt. sufficient to replace the irr., dom., livestock, and evap. depletions associated with the

decreed beneficial uses of the augmented structures. Replacements: This plan for Aug. is sufficient to permit the continuation of

diversions when curtailment would otherwise be required to meet a valid senior call for water on the Colorado River. There are no

intervening water rights between the pt. of diversion for the Kirchner Ditch and the confluence of the unnamed trib. and the Colorado

River that are not owned by Applicants. When the Kirchner Ditch, Kirchner House Pond, Kirchner Main Pond, Kirchner Well, and

Kirchner Pump and Pipeline are out-of-priority and subject to curtailment under a valid admin. call on the Colorado River mainstem,

water will be released from either Wolford Mountain Reservoir or Ruedi Reservoir to replace the out-of-priority depletions. Non-

injury. Operation of the plan for Aug. as described above and subject to the proposed terms and conditions will not cause injury to the



vested or decreed Cond. water rights of others. Accounting Table. Table 3 attached to application shows the estimated cumulative

monthly diversion rates, assoc. calculated depletions, and correlating replacement requirements for all of the augmented uses.

Incorporation of Plan for Aug. in Case No. 09CW95. All other terms and conditions restricting the plan for Aug. approved in

Case No. 09CW95 will be adopted and included in the final ruling in this matter. Change of Cond. Approp. Right of Exchange:

Kirchner Exchange, as decreed in Case Number 09CW95, Water Court, Division 5. Pursuant to the Plan for Aug. decreed in Case No.

09CW95, replacement water is delivered for the augmented structures described in Case No. 09CW95 by exchange from Wolford

Mountain Reservoir or Ruedi Reservoir. When water from Wolford Mountain Reservoir is released to satisfy a downstream senior

admin. call, the exchange reach to the Kirchner Ditch is the following: Upstream Terminus: The pt. of diversion for the Kirchner

Ditch: NW1/4, SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M., at a pt. 1,745 ft. from the S. Sec. line and 2,049 ft. from the E. Sec. line of

said Sec. 1. Downstream Terminus: At the confluence of the unnamed trib. to the Colorado River and the Colorado River: SW1/4,

SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M., at a pt. 1,290 ft. from the S. Sec. line and 1,998 ft. from the E. Sec. line. When water from

Ruedi Reservoir is release to satisfy a downstream senior admin. call, the exchange reach to the Kirchner Ditch is the following:

Upstream Terminus: The pt. of diversion for the Kirchner Ditch: NW1/4, SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M., at a pt. 1,745 ft.

from the S. Sec. line and 2,049 ft. from the E. Sec. line of said Sec. 1. Downstream Terminus: At the confluence of the Colorado River

and the Roaring Fork River: SE1/4, NW1/4, Sec. 9, T. 6 S., R. 89 W., 6th P.M., at a pt. 2,102 ft. from the N. Sec. line and 2,312 ft.

from the W. Sec. line of said Sec. 9. Date of Approp.: 8/25/2009. Amt. claimed: 0.15 cfs, Cond. Amt. of water Applicants intend to

change: 0.15 cfs, Cond. Detailed description of proposed change: This application seeks to change the Kirchner Exchange by adding

an alt. upstream terminus on the Colorado River at the pt. of diversion for the Kirchner Pump and Pipeline when the replacement

source is Ruedi Reservoir. This alt. upstream terminus will operate when replacement water is released from Ruedi Reservoir to

satisfy an admin. call by a senior right downstream of the confluence of the Roaring Fork and Colorado rivers in order to replace out-

of-priority depletions from diversions by the Kirchner Pump and Pipeline in accordance with the amended plan for Aug. requested in

this application. All other aspects of the Kirchner Exchange remain the same. Proposed Alt. Upstream Terminus: The pt. of diversion

of the Kirchner Pump and Pipeline: SW1/4, SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. at a pt. 1,222 ft. from the S. Sec. line and 2,076

ft. from the E. Sec. line. The Kirchner Exchange as changed herein may be administered as a 2012 water right with an approp. date of

7/1/2012 as against any decreed water rights, including approp. rights of exchange, operating in the extended exchange reach between

the confluence of the unnamed trib. to the Colorado River and the Colorado River described at paragraph 7.b.ii and the alt. upstream

terminus described at paragraph 8.b. To the extent the requested change is not approved as pled, Applicants request approval of a new

2012 exchange from Ruedi Reservoir to the pt. of diversion for the Kirchner Pump and Pipeline in the amt. and for the purposes

described herein. 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: The Kirchner Ditch, Kirchner House Pond, Kirchner Main Pond, and

Kirchner Well are located on Applicants’ property. The Kirchner Pump and Pipeline is located on property owned by the United

States Bureau of Land Management, Colorado River Valley Field Office, 2300 River Frontage Rd., Silt, Colorado 81652 (15 pgs.)






81601.






12CW190 C Lazy U Ranch Development, LLC, c/o Triton Investment Company, 7901 E. Belleview Ave. #120, Englewood,

Colorado 80111, and Aspen Springs Owners Association, Inc., c/o Homestead Management Corporation, 1401 W. 122nd Ave. #101,

Westminster, Colorado 80234. Richard A. Johnson, Esq., David F. Bower, Esq., Johnson & Repucci LLP, 2521 Broadway, Suite A,

Boulder, Colorado 80304. Application for Underground Water Right, Change of Water Rights and To Amend Approved Plan for

Augmentation, IN GRAND COUNTY, COLORADO. Applicants, C Lazy U Ranch Development, LLC and Aspen Springs Owners

Association, Inc., by and through their undersigned counsel, respectfully submit this Application for Underground Water Right,

Change of Water Rights and to Amend an Approved Plan for Augmentation: Overview. C Lazy U Ranch Development, LLC owns

land in Grand County, part of which it is developing into ten (10) residential parcels known as Aspen Springs (the “Project”) . The

Project is located north of Granby, Colorado in the Willow Creek drainage. The Project consists of ten (10) 35-acre parcels, each with

a single residence of between 2,500 and 10,000 square feet and 2,500 square feet of outside irrigation. Each parcel owner will be

permitted to keep up to four (4) horses in the summer months only. Each parcel may also contain a guest house, as well as other

accessory structures, outbuildings and garages. Water rights and a plan for augmentation for the Project were originally decreed by



the Water Court in Case No. 08CW185, Water Division 5. By this application, Applicants claim an additional water right, the C Lazy

U Supplemental Well No. 1 (Aspen Springs), to be used to supplement the already decreed sources of water supply for the Project.

Applicants also seek to change the water rights originally decreed to supply the Project in order to clarify what the rights may be used

for, and to amend the plan for augmentation approved in Case No. 08CW185 to include the C Lazy U Supplemental Well No. 1 as an

augmented structure. A map of the Project and the various structures that are the subject of this application is attached hereto as

Exhibit A. CLAIM FOR NEW WATER RIGHTS Name and Description of Underground Water Right. Name of Structure. C Lazy

U Supplemental Well No. 1. Name of Water Right. C Lazy U Supplemental Well No. 1 (Aspen Springs). Location. SW1/4 SE1/4 of

Section 2, Township 2 North, Range 77 West of the 6th P.M., 562 feet from the south section line and 1,528 feet from the east section

line of said Section 2. Source. Ground water tributary to Willow Creek, tributary to the Colorado River. Amount Claimed. 35

gpm, conditional; no more than 20 acre-feet/year. Appropriation Date. Date of application. Uses or Proposed Uses. Domestic,

irrigation, stock watering and fire protection. The irrigation uses are limited to approximately 2,500 square feet of lawn and garden

areas in the vicinity of each of the ten (10) parcels. The domestic use is to serve the single residence of between 2,500 and 10,000

square feet to be built on each of the ten (10) parcels, along with any associated guest house, accessory structure, outbuilding or

garage built on the ten (10) parcels. The stock watering use is limited to four (4) horses for each of the ten (10) parcels for the summer

months only (May through September). The fire protection use is for the protection of the Project. Depth of Well. 15 feet. Remarks.

The C Lazy U Supplemental Well No. 1 (Aspen Springs) water right is claimed by Applicants and out-of-priority depletions from the

well will be augmented under the amended plan for augmentation requested in this case. In a contemporaneous Water Court filing, C

Lazy U Ranch Holdings, LLC is claiming a new water right for this same well structure (named C Lazy U Supplemental Well No. 1

(Main Ranch)) which will be augmented out of priority under the plan for augmentation requested in that matter. Applicants will own

an undivided 50% interest in the well structure and appurtenances and C Lazy U Ranch Holdings, LLC will own an undivided 50%

interest in the well structure and appurtenances. CLAIM TO CHANGE WATER RIGHTS Original and all Relevant Subsequent

Decrees. The water rights to be changed were all decreed on November 14, 2010, in Case No. 08CW185, Water Division 5. Name

and Description of Water Rights to be Changed. Conditional Underground Water Rights. Names and legal description of structures:

Aspen Springs Well No. 1: NE1/4NE1/4 of Section 11, Township 2 North, Range 77 West of the 6th P.M., 1,162 feet from the North

section line and 1,097 feet from the East section line. Aspen Springs Well No. 2: NW1/4SW1/4 of Section 12, Township 2 North,

Range 77 West of the 6th P.M., 1,843 feet from the South section line and 412 feet from the West section line. Aspen Springs Well

No. 3: NE1/4SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 1,860 feet from the South section line and

1,736 feet from the West section line. Aspen Springs Well No. 4: SE1/4SW1/4 of Section 12, Township 2 North, Range 77 West of

the 6th P.M., 1,130 feet from the South section line and 2,699 feet from the East section line. Aspen Springs Well No. 5: SE1/4SW1/4

of Section 12, Township 2 North, Range 77 West of the 6th P.M., 250 feet from the South section line and 2,723 feet from the West

section line. Source: Groundwater tributary to Willow Creek, which is tributary to the Colorado River. Amount claimed: 40 gpm,

conditional, each. The underground, spring and spring enlargement water rights decreed in Case No. 08CW185 are subject to a

cumulative limitation on total diversions of 20 a.f./yr. Date of appropriation: November 18, 2008. Decreed proposed uses: Domestic,

irrigation, stock watering and fire protection. The irrigation uses are limited to approximately 2,500 square feet of lawn and garden

areas in the vicinity of each of the ten (10) parcels. The domestic use is limited to serve the single residence of between 2,500 and

10,000 square feet to be built on each of the ten (10) parcels. The stock watering use is limited to four (4) horses for each of the ten

(10) parcels for the summer months only (May through September). The fire protection use is for the protection of the Project.

Conditional Spring Rights. Names and legal descriptions of near-surface structures: AS Spring No. 1: NW1/4SW1/4 of Section 12,

Township 2 North, Range 77 West of the 6th P.M., 1,838 feet from the South section line and 330 feet from the West section line. AS

Upper Spring: NW1/4SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 1,476 feet from the South section line

and 51 feet from the West section line. Duck Pond Spring No. 1: SE1/4SW1/4 of Section 12, Township 2 North, Range 77 West of

the 6th P.M., 250 feet from the South section line and 2,701 feet from the West section line. Duck Pond Spring No. 2: SE1/4SW1/4

of Section 12, Township 2 North, Range 77 West of the 6th P.M., 250 feet from the South section line and 2,669 feet from the East

section line. Source: Spring water and seepage tributary to Willow Creek, which is tributary to the Colorado River. Amount claimed:

20 gpm, conditional, each. The underground, spring and spring enlargement water rights decreed in Case No. 08CW185 are subject to

a cumulative limitation on total diversions of 20 a.f./yr. Date of appropriation: November 18, 2008. Decreed proposed uses:

Domestic, irrigation, stock watering and fire protection. The irrigation uses are limited to approximately 2,500 square feet of lawn and

garden areas in the vicinity of each of the ten (10) parcels. The domestic use is limited to serve the single residence of between 2,500

and 10,000 square feet to be built on each of the ten (10) parcels. The stock watering use is limited to four (4) horses for each of the

ten (10) parcels for the summer months only (May through September). The fire protection use is for the protection of the Project.

Conditional Spring Enlargement Right. Name and legal description of structure: Springdale Pipeline Diversion First Enlargement:

SE1/4NW1/4SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 1,470 feet from the South section line and 815

feet from the West section line. Source: Spring flows tributary to Willow Creek, which is tributary to the Colorado River. Amount

claimed: 1.0 cfs, conditional. The underground, spring and spring enlargement water rights decreed in Case No. 08CW185 are

subject to a cumulative limitation on total diversions of 20 a.f./yr. Date of appropriation: November 18, 2008. Decreed proposed

uses: Domestic, irrigation, stock watering and fire protection. The irrigation uses are limited to approximately 2,500 square feet of

lawn and garden areas in the vicinity of each of the ten (10) parcels. The domestic use is limited to serve the single residence of



between 2,500 and 10,000 square feet to be built on each of the ten (10) parcels. The stock watering use is limited to four (4) horses

for each of the ten (10) parcels for the summer months only (May through September). The fire protection use is for the protection of

the Project. Detailed Description of Proposed Change. Applicants seek to change the decreed description of proposed domestic uses

for all of the underground, spring and spring enlargement water rights described in this Section II, so that the proposed uses will state

as follows: “Domestic, irrigation, stock watering and fire protection. The irrigation uses are limited to approximately 2,500 square

feet of lawn and garden areas in the vicinity of each of the ten (10) parcels. The domestic use is to serve the single residence of

between 2,500 and 10,000 square feet to be built on each of the ten (10) parcels, along with any associated guest house, accessory

structure, outbuilding or garage built on the ten (10) parcels. The stock watering use is limited to four (4) horses for each of the ten

(10) parcels for the summer months only (May through September). The fire protection use is for the protection of the Project.” This

change is intended to make clear that the subject water rights can be used to provide domestic water service to any accessory building

constructed with the single-family residences to be constructed on the ten (10) home sites, as contemplated by Applicants in the

original case. No change is sought in the decreed legal description, place of use, amount, cumulative diversion limit, or proposed uses

for the water rights. AMENDMENT TO PLAN FOR AUGMENTATION Previously Approved Plan for Augmentation for which

Amendment is Sought. The plan for augmentation to be amended by the application was originally approved on November 14, 2010,

in Case No. 08CW185, Water Division 5. Description of Amendment to Plan for Augmentation. Applicants seek to add the C Lazy

U Supplemental Well No. 1 (Aspen Springs) as an augmented structure under the plan for augmentation approved in Case No.

08CW185. The C Lazy U Supplemental Well No. 1 will be plumbed into the community water system as an additional source of

physical water supply to supplement diversions from the other wells and springs decreed in Case No. 08CW185. Applicants will

continue to use the same augmentation and replacement sources to augment out-of-priority depletions from the Project. Anticipated

demands and depletions under the plan for augmentation also remain the same, and Applicants will continue to be subject to all of the

terms and conditions originally decreed by the Water Court in Case No. 08CW185. Conditional Right of Exchange. A conditional

right of exchange was decreed in Case No. 08CW185 for Applicants’ augmentation obligations that are satisfied at the confluence of

the Colorado River and Willow Creek with Middle Park contract water from the Windy Gap Project (the “Willow Creek Exchange”).

Because the C Lazy U Supplemental Well No. 1 is above the Willow Creek Exchange’s upstream terminus, Applicants’ also claim an

extension of the Willow Creek Exchange in this case in order to replace out-of-priority depletions from the C Lazy U Supplemental

Well No. 1 with Middle Park contract water (the “Willow Creek Exchange Extension”). The Willow Creek Exchange Extension shall

consist of the following components: Downstream Terminus: The confluence of Willow Creek with the Colorado River in the SE1/4

NW1/4, Section 21, Township 2 North, Range 76 West of the 6th P.M., 2,060 feet from the north section line and 1,390 feet from the

west section line. Upstream Terminus: A point of depletion on Willow Creek located within the SW1/4 SE1/4, Section 2, Township

2 North, Range 77 West of the 6th P.M., 456 feet from the south section line and 1,634 feet from the east section line. Exchange rate:

Up to 0.00530 cfs, or 0.0104 acre-feet per day. Date of appropriation: Date of application. Remarks. Applicants will operate the

requested exchange only at such times when deliveries of the replacement water at the relevant downstream exchange termini will

satisfy the downstream calling water right. Name and Address of Landowner Upon which any New or Modified Diversion Structure

is Located. The C Lazy U Supplemental Well No. 1 is located on land owned by C Lazy U Ranch Holdings, LLC, c/o Triton

Investment Company, 7901 E. Belleview Ave. #120, Englewood, Colorado 80111. (7 pages)






81601.






12CW191 GARFIELD COUNTY, CANYON CREEK. Inyanga Ranch, LLC c/o Stuart M. Ross, P.O. Box 8020, Garden City, NY

11530, (843) 513-7833, [email protected] c/o Mark E. Hamilton, Esq. and Kylie J. Crandall, Esq. HOLLAND & HART LLP, 600 E.

Main St., Suite 104, Aspen, CO 81611-1991, (970) 925-3476, [email protected]; [email protected].

Application for Water Rights, Changes of Water Rights and Approval of Plan for Augmentation, Including Exchange. FIRST

CLAIM FOR RELIEF (Surface Water Right) Inyanga Hydropower Pipeline. This headgate (a/k/a the Rock-N-Pines West

Headgate and the West Inyanga Headgate No. 1 APOD) is located in the SW1/4 NW1/4, Sec. 12, T. 5 S., Range 90 West, 6th P.M., at

a point 2,345 feet from the N. sec. line and 1,160 feet from the W. sec. line of said Sec. 12, Garfield County, CO. Source: Canyon

Creek. Approp. date: Dec. 31, 2012. Initiated by formation of requisite intent to appropriate coupled with actions manifesting such an

intent sufficient to put third parties on notice, including but not limited to the filing of this water rights application. Amounts: 10 c.f.s.,

conditional. Uses: hydroelectric power generation. Remarks: this water right is sought for the purpose of allowing the Applicant to



generate power with water diverted at the West Inyanga Headgate No. 1, described below. SECOND CLAIM FOR RELIEF (Water

Storage Rights). Rock-n-Pines Pond No. 1. The centerline of the dam is located in the SW1/4 NW1/4, Sec. 13, T. 5 S., R. 90 W., 6th

P.M., at a point 3,540 feet from the S. sec. line and 685 feet from the W. sec. line of said Sec. 13, Garfield County, CO. See figure

attached to application for locations of Rock-N-Pines Pond Nos. 1-8. Source of Rock-n-Pines Pond Nos. 1-8: Rock-n-Pines No. 2

Ditch Enlargement (03CW130), local spring flow, runoff and irrigation tailwater tributary to Canyon Creek, tributary to the Colorado

River. Name and Capacity of Ditches Used to Fill the Rock-n-Pines Pond Nos 1-8: Rock-N-Pines No. 2 Ditch First Enlargement.

Capacity: 2.0 c.f.s. Approp. Info. for Rock-N-Pines Pond Nos. 1-8: Approp. Date: March 12, 2003. Initiated by formation of requisite

intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited

to field survey of pond location and formation of intent to construct pond. Amount: 9.56 acre-feet, conditional, with the right to fill

and refill in priority for the purposes claimed herein. All active storage. Uses: piscatorial, recreational, aesthetic, fire protection and

dust control. Surface area of high water line: 1.54 acres. Height: less than 10 feet. Length: 580 feet. Rock-n-Pines Pond No. 2. The

centerline of the dam is located in the SW1/4 NW1/4, Sec. 13, T. 5 S., R. 90 West, 6th P.M., at a point 3,440 feet from the S. sec. line

and 670 feet from the W. sec. line of said Sec. 13, Garfield County, CO. Source: see above. Name and Capacity of Ditches Used to

Fill the Pond: see above. Approp. Info: see above. Amount: 0.32 acre-feet, conditional, with the right to fill and refill in priority for the

purposes claimed herein. All active storage. Uses: piscatorial, recreational, aesthetic, fire protection and dust control. Surface area of

high water line: 0.10 acres. Height: less than 10 feet. Length: 140 feet. Rock-n-Pines Pond No. 3. The centerline of the dam is located

in the SW1/4 NW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 3,120 feet from the S. sec. line and 460 feet from the W. sec. line

of said Sec. 13, Garfield County, CO. Source: see above. Name and Capacity of Ditches Used to Fill the Pond: see above. Approp.

Info: see above. Amount: 4.40 acre-feet, conditional, with the right to fill and refill in priority for the purposes claimed herein. All

active storage. Uses: piscatorial, recreational, aesthetic, fire protection and dust control. Surface area of high water line: 0.77 acres.

Height: less than 10 feet. Length: 420 feet. Rock-n-Pines Pond No. 4. The centerline of the dam is located in the SW1/4 NW1/4, Sec.

13, T. 5 S., Range 90 W., 6th P.M., at a point 2,675 feet from the S. sec. line and 80 feet from the W. sec. line of said Sec. 13, Garfield

County, CO. Source: see above. Name and Capacity of Ditches Used to Fill the Pond: see above. Approp. Info: see above. Amount:

3.54 acre-feet, conditional, with the right to fill and refill in priority for the purposes claimed herein. All active storage. Uses:

piscatorial, recreational, aesthetic, fire protection and dust control. Surface area of high water line: 0.87 acres. Height: less than 10

feet. Length: 450 feet. Rock-n-Pines Pond No. 5. The centerline of the dam is located in the NW1/4 SW1/4, Sec. 13, T. 5 S., R. 90

W., 6th P.M., at a point 2,390 feet from the S. sec. line and 165 feet from the W. sec. line of said Sec. 13, Garfield County, CO.

Source: see above. Name and Capacity of Ditches Used to Fill the Pond: see above. Approp. Info: see above. Amount: 2.88 acre-feet,

conditional, with the right to fill and refill in priority for the purposes claimed herein. All active storage. Uses: piscatorial,

recreational, aesthetic, fire protection and dust control. Surface area of high water line: 0.52 acres. Height: less than 10 feet. Length:

210 feet. Rock-n-Pines Pond No. 6. The centerline of the dam is located in the NW1/4 SW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at

a point 2,400 feet from the S. sec. line and 20 feet from the W. sec. line of said Sec. 13, Garfield County, Colorado. Source: see above.

Name and Capacity of Ditches Used to Fill the Pond: see above. Approp. Info: see above. Amount: 1.03 acre-feet, conditional, with

the right to fill and refill in priority for the purposes claimed herein. All active storage. Uses: piscatorial, recreational, aesthetic, fire

protection and dust control. Surface area of high water line: 0.32 acres. Height: less than 10 feet. Length: 310 feet. Rock-n-Pines

Pond No. 7. The centerline of the dam is located in the NW1/4 SW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 2,230 feet from

the S. sec. line and 190 feet from the W. sec. line of said Sec. 13, Garfield County, CO. Source: see above. Name and Capacity of

Ditches Used to Fill the Pond: see above. Approp. Info: see above. Amount: 4.93 acre-feet, conditional, with the right to fill and refill

in priority for the purposes claimed herein. All active storage. Uses: piscatorial, recreational, aesthetic, fire protection and dust control.

Surface area of high water line: 0.90 acres. Height: less than 10 feet. Length: 410 feet. Rock-n-Pines Pond No. 8. The centerline of

the dam is located in the NW1/4 SW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 2,025 feet from the S. sec. line and 320 feet

from the W. sec. line of said Sec. 13, Garfield County, CO. Source: see above. Name and Capacity of Ditches Used to Fill the Pond:

see above. Approp. Info: see above. Amount: 2.50 acre-feet, conditional, with the right to fill and refill in priority for the purposes

claimed herein. All active storage. Uses: piscatorial, recreational, aesthetic, fire protection and dust control. Surface area of high water

line: 0.54 acres. Height: less than 10 feet. Length: 320 feet. THIRD CLAIM FOR RELIEF (Changes of Water Rights). Decreed

water rights for which changes are sought: Baxter No. 1 Ditch and Baxter No. 1 Ditch First Enlargement. Original decreed location: on the

W. bank of Canyon Creek in the SE 1/4 NW 1/4 of Sec. 12., T. 5 S., R. 90 W., 6th P.M., Garfield County, CO. Current decreed location

(per decree in W-237): at location of Rock-N-Pines West Headgate located on the W. bank of Canyon Creek at a point whence the SW

corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°01’56” W. 8502.61 feet. PLSS location: at a point 2.345 feet from the N.

sec. line and 1,160 feet from the W. sec. line of said Sec. 12. Approp. dates: 05/01/1886 (orig); 06/01/1910 (first enlargement). Adjud.

dates: 06/07/1906 (orig); 11/10/1966 (first enlargement). Case No.: C.A. 1168 (orig); C.A. 4914 (first enlargement) Source: Canyon Creek.

Decreed use: irrigation. Decreed amounts: 2.0 c.f.s. (orig.); 6.4 c.f.s. (first enlargement). Historical use: irrigation. Baxter No. 2 Ditch and

Baxter No. 2 Ditch First Enlargement. Original decreed location: on the E. bank of Canyon Creek in the NE 1/4 SW 1/4 of Sec. 12., T. 5 S.,

R. 90 W., Garfield County, CO. Current decreed location (per decree in W-233): at location of Rock-N-Pines East Headgate located on the

E. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°09’34” W. 8505.96

feet. PLSS location: at a point approximately 2,345 ft. from the N. sec. line and 1180 ft from the W. sec. line of said Sec. 12. Approp.

dates: 04/30/1883 (orig.); 06/01/1910 (first enlargement). Adjud. dates: 06/07/1906 (orig.); 11/10/1966 (first enlargement). Case Nos.: C.A.



1168 (orig.); C.A. 4914 (first enlargement). Source: Canyon Creek. Decreed use: irrigation. Decreed amount: 1.60 c.f.s. Historical use:

irrigation. Baxter No. 3 Ditch. Original Decreed location: on the W. bank of Canyon Creek in the SE 1/4 SW 1/4 of Sec. 12., T. 5 S., R. 90

W., Garfield County, CO. Current decreed location (per decree in W-244): at location of Rock-N-Pines West Headgate located on the W.

bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°01’56” W. 8502.61 feet.

PLSS location: at a point 2,345 feet from the N. sec. line and 1,160 feet from the W. sec. line of said Sec. 12. Approp. date:06/30/1886.

Adjud. date: 06/07/1906. Case No.: C.A. 1168. Source: Canyon Creek. Decreed use: irrigation. Decreed amount: 1.60 c.f.s. Historical use:

irrigation. Baxter No. 4 Ditch. Original Decreed location: on the W. bank of Canyon Creek whence the corner between Secs. 12 and 13, T.

5 S., R. 90 W., Garfield County, CO, bears S. 15° 14’ E. 5028 feet. Current decreed location (per decree in W-241): at location of Rock-N-

Pines West Headgate located on the W. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th

P.M. bears S. 09°01’56” W. 8502.61 feet. PLSS location: at a point 2,345 feet from the N. sec. line and 1,160 feet from the W. sec. line

of said Sec. 12. Approp. date: 06/30/1886. Adjud. date: 06/07/1906. Case No.: C.A. 1168. Source: Canyon Creek. Decreed use: irrigation.

Decreed amount: 2.0 c.f.s. Historical use: irrigation. Baxter No. 5 Ditch and Baxter No. 5 Ditch First Enlargement: Original Decreed

location: on the E. bank of Canyon Creek at a point whence the corner between Secs. 12 and 13, T. 5 S., R. 90 W., Garfield County, CO

bears S. 18° 10’ E. 3229.2 feet. Current decreed location (per decree in W-240): at location of Rock-N-Pines East Headgate located on the

E. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°09’34” W. 8505.96

feet. PLSS location: at a point approximately 2,345 ft. from the N. sec. line and 1,180 ft from the W. sec. line of said Sec. 12. Approp.

dates: 05/01/1903 (orig.); 06/01/1910 (first enlargement). Adjud. dates: 06/07/1906 (orig.); 11/10/1966 (first enlargement). Case Nos.: C.A.

1168 (orig.); C.A. 4914 (first enlargement). Source: Canyon Creek. Decreed use: irrigation. Decreed amounts:3.8 c.f.s. (orig.); 3.0 c.f.s.

(first enlargement). Historical use: irrigation. Rock-N-Pines No. 1 Ditch. Original Decreed location: on the W. bank of Canyon Creek at a

point whence the SW corner of Sec. 13, T. 13 S., R. 90 W., 6th P.M., bears S. 6°58’ W. 11,866.5 feet, Garfield County, CO. Current

decreed location (per decree in W-242): at location of Rock-N-Pines West Headgate located on the W. bank of Canyon Creek at a point

whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°01’56” W. 8502.61 feet. PLSS location: at a point 2,345

feet from the N. sec. line and 1,160 feet from the W. sec. line of said Sec. 12. Approp. date: 11/11/1958. Adjud. date: 11/10/1966. Case

No.: C.A. 4914. Source: Canyon Creek. Decreed use: irrigation. Decreed amount: 2.0 c.f.s. Historical use: irrigation. Rock-N-Pines No. 2

Ditch and Rock-N-Pines No. 2 Ditch Enlargement. Location: C.A. 4914: On easterly bank of an unnamed tributary of Canyon Creek,

whence the SW corner of Sec. 13, T. 5 S., R., 90 W. of the 6th P.M., bears S. 6°42’ W. 2719 feet, Garfield County, CO. 03CW130

(enlargement): The headgate is located on an unnamed tributary to Canyon Creek, trib. to the Colo. Riv., in the SW 1/4 NW 1/4 of Sec. 13,

T. 5 S., R. 90 W., 6th P.M., at a point whence the SW corner of Sec. 13 bears S. 6°42’ W. 3950 feet, Garfield County, CO. PLSS: at a point

approx. 3825 feet from the S. sec. line and 600 feet from the W. sec. line of said Sec. 13. Approp. dates: 06/01/1910 (orig.); 03/12/2003

(enlargement). Adjud. dates: 11/10/1966 (orig.); 12/31/2003 (enlargement). Case Nos.: C.A. 4914 (orig); 03CW130 (enlargement). Source:

unnamed trib. to Canyon Creek. Decreed uses: irrigation (orig.); replacement of evaporative depletions from Rock-N-Pines Pond Nos. 1-9,

aesthetic, recreational, and storage in Rock-N-Pines Pond Nos. 1-9 for aesthetic, recreational, pisctorial and augmentation purposes.

Decreed amounts: 2.0 c.f.s. (orig.); 2.0 c.f.s. (enlargement). Historical use: irrigation and pond filling for above-described purpose.

Description of Proposed Changes of Water Rights: To the extent that the PLSS location of any of these structures differs from its decreed

location, Applicant seeks to amend the decreed locations of each such structure to conform with its actual location. Approximately 183

acres have been historically irrigated on the Inyanga Ranch. For purposes of creating a new irrigation system, Applicant seeks approval of

use of all of the irrigation water rights described above in paragraphs 10.A through 10.F, inclusive, at one or any combination of the

following alternate points of diversion on Canyon Creek for purposes of irrigating the lands shown on figure attached to application (also

consisting of approx. 183 acres): West Inyanga Headgate No. 1 APOD: This headgate (a/k/a the Rock-N-Pines West Headgate) is

located in the SW1/4 NW1/4, Sec. 12, T. 5 S., Range 90 West, 6th P.M., at a point 2,345 feet from the N. sec. line and 1,160 feet from

the W. sec. line of said Sec. 12, Garfield County, CO. West Inyanga Headgate No. 2 APOD: This headgate is located in the NW1/4

SW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 1,700 feet from the S. sec. line and 210 feet from the W. section line of said

Sec. 13, Garfield County, CO. East Inyanga Headgate No. 2 APOD: This headgate is located in the NW1/4 SW1/4, Sec. 13, T. 5 S., R.

90 W., 6th P.M., at a point 1,700 feet from the S. sec. line and 230 feet from the W. sec. line of said Sec. 13, Garfield County, CO.

Applicant seeks approval of a non-consumptive use enlargement to allow up to 10 c.f.s. of water diverted during the irrigation season

pursuant to the water rights described above in paragraphs 10.A through 10.F, inclusive, at the location of the West Inyanga Headgate

No. 1 APOD for hydroelectric power generation prior to application of such water for irrigation use. FOURTH CLAIM FOR

RELIEF (Approval of Plan for Augmentation). Names of structures to be augmented: All water storage rights listed above in

Second Claim. Rock-N-Pines Pond No. 9. Prior decree information: Case No. 03CW130. Adjud. date: 08/24/2006 Approp. date:

March 12, 2003. Decreed location: In the NW 1/4 SW 1/4 of Sec. 13, T. 5 S., R. 90 W., 6th P.M., Garfield County, CO, at a point

1900 feet from the S. line and 250 feet from the W. line of said Sec. 13. Decreed amount: 2.4 acre-feet. Decreed uses: aesthetic,

recreational, piscatorial, and augmentation. Water Rights to be Used for Augmentation: Applicant intends to enter into a water supply

contract with the Colorado River Water Conservation District (“CRWCD”) for 16.8 acre-feet of replacement water from any one or a

combination of the following sources: Wolford Mountain Reservoir. The River District owns and operates Wolford Mountain

Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights. Case No. 87CW283:Decree Date: Nov. 20, 1989.

Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The

intersection of the dam axis with the right abutment will occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 feet from



the NW Corner of said Section 25. Source: Muddy Creek and its tributaries. Amount: 59,993 af cond; of this amount, 32,986 af were

made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was

made absolute for all purposes by decree entered in Water Court Case No. 02CW107. Approp. Date: Dec. 14, 1987. Use: All

beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the

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

District; use to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area;

and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver.

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 Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access

Road (Sta. WR50+55.05), as shown on the CRWCD, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional

Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said

Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy Creek and its

tributaries. Amount: 6,000 af cond. Approp. Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants

of the CRWCD, 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, augmentation, or exchange. None of the water stored in the exercise of the

right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. Case No.

98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its

tributaries. Amount: 30,000 af cond. with 15,895 af 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 Case No.

87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281,

District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to

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

Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses.

The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the

Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the CRWCD, 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 Reservoir Project; such uses will be made

directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply

for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational

purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used

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

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

Colorado River endangered fish releases. Ruedi Reservoir. The River District holds Contracts No. 009D6C0111, 009D6C0118, and

039F6C0011 from the United States Bureau of Reclamation for 1,730 acre feet of annual supply from Ruedi Reservoir and may obtain

additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in

appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Legal description of place of storage: Ruedi

Reservoir is located in Sections 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 Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a

distance of 1,285 feet. Source: Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree Date: June 20, 1958. Court:

Garfield County District Court. Amount: 140,697.3 af, reduced to 102,369 af pursuant to order of the Water Court in Case No. W-

789-76. The full amount 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. Case No. 81CW34: Decree Date: April 8, 1985.

Court: District Court, Water Div. No. 5. Amount: 101,280 af (refill); of this amount, 44,509 af were made absolute in Case No.

95CW95 and 25,257 af were made absolute in Case No. 01CW269, for a total of 69,766 af absolute. 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. Statement of

Plan for Augmentation. The total potential surface area of the Rock-n-Pines Pond Nos. 1-9, inclusive, is 6.6 acres, including the

surface area of associated ditches, channels and ponded spring areas. The annual evaporation rate from these ponds is calculated at

3.18 acre-feet per acre. The total annual evaporation from 6.6 acres is therefore 20.99 acre-feet. Dust control is estimated to require

8000 gallons per day every other day from mid-April through October for a total of 2.44 acre-feet per year. For purposes of this plan

for augmentation, evaporation and dust control are both assumed to be 100% depletive. The projected maximum annual evaporation

from the combined surface area of these ponds, plus the amount of water from these structures that may be consumptively used for

dust control purposes, is 23.43acre-feet per year. As set forth on the attached Table 1, a substantial amount of this consumptive use

occurs during the summer irrigation season when there is potential for a downstream water rights call on the Colorado River (the

Cameo call). The proposed plan for augmentation will allow Applicant to replace evaporation from Pond Nos. 1-9, and depletions

related to dust suppression, whenever there is a downstream call on the Colorado River, but no call on Canyon Creek. During such



periods, water will be released from either Wolford Reservoir or Ruedi Reservoir pursuant to the 16.8 acre-foot water supply contract

described above as needed to replace out-of-priority depletions to the Colorado River system below Canyon Creek. However, during

any periods when Canyon Creek is under administration due to a local call, Applicant will continue to either make releases to Canyon

Creek from Pond No. 9 to replace evaporation from the surface of Pond Nos. 1-8 pursuant to the plan for augmentation approved in

Case No. 03CW130, or discontinue any additional storage in all nine ponds and cease use of water for dust control, as required to

avoid injury to vested water rights downstream on Canyon Creek. FIFTH CLAIM FOR RELIEF (Appropriative Right of

Exchange). Inyanga Canyon Creek Exchange No. 1. Downstream terminus: confluence of Canyon Creek and the Colorado River,

located in the NW ¼, NW ¼, Sec. 36, T. 5 S., R. 90 W. of the 6th

P.M., Garfield County, CO, at a point approx. 2000 ft. from the S.

sec. line and1050ft. from the W. sec. line. Upstream terminus: Rock-n-Pines Ditch No. 2, described above. Max. Rate of Exchange:

0.07 c.f.s., conditional (maximum of 16.8 acre-feet annually). Approp. date: Dec. 31, 2012. Initiated by field surveys, engineering

studies, formation of the necessary intent, and performance of overt acts necessary to put interested parties on notice, including

without limitation the filing of this application. Remarks: this exchange will operate in conjunction with the plan for augmentation

described above in Applicant’s Fourth Claim. All structures described in this application are located on land owned by the Applicant.

Figures, maps, tables and applicable div records are attached to the application. (24 pages).






81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 12CW192 PITKIN COUNTY. SNOWMASS CREEK. Deerfield Investments, Ltd., c/o Patrick, Miller, Kropf & Noto, P.C., Scott

C. Miller, Esq. and Danielle L. Van Arsdale, Esq., 229 Midland Avenue, Basalt, CO 81621 (970) 920-1028. APPLICATON FOR

ABSOLUTE WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. FIRST

CLAIM: FOR ABSOLUTE WATER RIGHT. Name of structure: Deerfield Well Pond System, comprised of a main pond and a

sedimentation pond. Legal description: The outlet structure of main pond is located in the NW ¼ of the NW ¼ of Section 2, Township

9 South, Range 86 West of the 6th

P.M., at a point approximately 62 feet south of the North Section line and 350 feet east of the West

Section line of said Section 2 (Pitkin County). The sedimentation pond overflow is located the NW ¼ of the NW ¼ of Section 2,

Township 9 South, Range 86 West of the 6th

P.M., at a point approximately 304 feet south of the North Section line and 449 feet east

of the West Section line of said Section 2 (Pitkin County). Maps of the pond system are on file with the Court. Sources: The Deerfield

Ditch as described below. The pond system also likely collects local springs and seeps, tributary to Snowmass Creek, tributary to the

Roaring Fork and Colorado Rivers, and likely intercepts groundwater, tributary to Snowmass Creek. If filled from a ditch or ditches:

Name of ditch used to fill pond and capacity in c.f.s.: The Deerfield Ditch, 1.4 c.f.s. The ditch diverts water from Snowmass Creek

into the sedimentation pond prior to discharging into the main pond. The ditch serves only as a fill structure for the pond system and

does not divert water for other direct beneficial uses. Legal description of point of diversion: The headgate is located in the NW ¼ of

the NW ¼ of Section 2, Township 9 South, Range 86 West of the 6th

P.M., at a point approximately 419 feet south of the North

Section line and 594 feet east of the West Section line of said Section 2 (Pitkin County). A map is on file with the Court. Amount

claimed: 4.35 acre-feet, absolute, with the right to fill and re-fill when water is physically and legally available. Uses: Irrigation,

aesthetic, piscatorial, and augmentation. Area historically irrigated: 1.52 acres. Area proposed to be irrigated: 1.52 acres. Legal

description of the land irrigated: The real property located generally in the NW ¼ of the NW ¼ of Section 2, Township 9 South,

Range 86 West of the 6th

P.M. (Pitkin County, and shown with specificity in the map labeled as Figure 4 on file with the Court).

Surface area of high water line: 0.53 acre. Maximum height of dam in feet: Less than 10 feet. Length of dam: Approximately 180

feet. Total capacity of pond in acre feet: 4.35 acre-feet. Active capacity: 2.52 acre-feet. Dead storage: 1.83 acre-feet. Date of

appropriation: October 15 1971. How appropriation was initiated: Storage and application of water to beneficial use. Date water

applied to beneficial use: October 15 1971. Name and address of owner of the land upon which any new diversion or storage structure,

or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored,

including any modification to the existing storage pool: Applicant. SECOND CLAIM: FOR APPROVAL OF PLAN FOR

AUGMENTATION. Name of structure to be augmented: Deerfield Well Pond System, as described in the First Claim above. Water

rights to be used for augmentation: Deerfield Well Pond System, as described in the First Claim above. A Basalt Water Conservancy

District (“BWCD”) Allotment Contract for up to 3.8 acre-feet from the following water rights for augmentation purposes: Green

Mountain Reservoir. Source: Blue River, tributary to the Colorado River. Legal description: NE ¼ of the SE ¼ of Section 15,

Township 2 South, Range 80 West of the 6th

P.M., 2312 feet from the south section line and 992 feet from the east section line



(Summit County). UTM coordinates: Northing 4414928, Easting 386227.9, Zone 13. Note: The distances from section lines and UTM

coordinates were obtained from the Division of Water Resources’ CDSS database and/or Aquamap program. Adjudication date:

October 12, 1955. Appropriation date: August 1, 1935. Case Nos.: C.A. 2782, 5016, and 5017, U.S. District Court, District of

Colorado; and Case No. 88CW022, District Court, Water Division No. 5. Decreed amount: 154,645 acre-feet, and a refill right in the

amount of 3,856 acre-feet absolute and 150,789 acre-feet, conditional. Decreed uses: In accordance with paragraph 5(a), (b), and (c) of

the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Ruedi Reservoir:

Source: Frying Pan River, tributary to the Colorado River. Legal description: NW ¼ of the NW ¼ of Section 18, Township 8 South,

Range 84 West of the 6th

P.M., 324 feet from the north section line and 984 feet from the west section line (Eagle and Pitkin

Counties). UTM coordinates: Northing 4358646, Easting 343227.7, Zone 13. Note: The distances from section lines and UTM

coordinates were obtained from the Division of Water Resources’ CDSS database and/or Aquamap program. Adjudication date: June

20, 1958. Appropriation date: July 29, 1957. Case No.: C.A. 4613, Garfield County District Court. Decreed amount: 102,369 acre-

feet (originally decreed for 140,697.3 acre-feet; reduced to 102,369 acre-feet in Case No. W-789-76). Decreed uses: Generation of

electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. Refill: By decree of the Water Court in

Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre-feet, conditional. In Water Court Case

No. 95CW95, 44,509 acre-feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre-

feet of the refill right was made absolute, for a total of 69,766 acre-feet absolute in the refill right. Troy Ditch and Edith Ditch water

rights:

STRUC

TURE

PRIORI

TY

COU

RT

CASE

NO.

ADJ

DATE

APP

DATE

DECREE

D

AMOUN

T

(CFS)

USE

(4)


OR RESERVED

AMOUNT

REMAINING (10)

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

Troy

Ditch (1)

370 3082 08/25/19

36

05/01/19

06

5.10 I 0.000 0.000 0.09

5

0.06

4

0.035 4.906 N/A

Troy

Ditch

1st Enlg

427 3082 08/25/19

36

05/01/19

28

10.80 I 0.000 0.000 0.20

0

0.13

4

0.073 10.39

3

N/A

Troy

Ditch

2nd

Enlg

669 4613 06/20/19

58

06/01/19

42

6.20 I 0.000 0.000 0.11

5

0.07

7

0.042 5.966 N/A

Edith

Ditch

353 3082 08/25/19

36

05/01/19

04

2.72 I 0.110 0.132

0

0.05

0

0.00

0

0.018 2.410 N/A

Edith

Ditch

1st Enlg

673 4613 06/20/19

58

07/01/19

46

3.23 I 0.000 0.000 0.06

0

0.00

0

0.022 3.148 N/A

Troy

Ditch

Water

System

aka

Lower

Headgat

e

(2) W-

2281

15.50(3)

I,D,

M

C,P

0.110 0.132

0

0.52

0

0.27

5

0.190 14.27

3

412.8

9























P.M.,




STRUCTURE DECREED

AMOUNT/

(cfs)

AMOUNT

OWNED BY

BWCD

(cfs)(1)

ADJ. DATE APP. DATE PRIORITY CASE NO. (2)

ROBINSON

DITCH

5.00 1.21 05/1

1/1889

06/1

5/1882

38 132

ROBINSON

DITCH

2.50 0.60 05/1

1/1889

04/1

5/1886

140 132

ROBINSON

DITCH

2.00 0.48 05/1

1/1889

11/1

5/1886

167 132

ROBINSON

DITCH

10.70 2.59 12/2

9/1903

04/2

5/1899

212

C

1061

ROBINSON

DITCH

20.06 4.85 08/2

5/1936

04/2

5/1900

326 3082











shown on the maps labeled Figures 1 and 2. On this property sits the Deerfield Well Pond System. The pond system is filled and re-

filled by the Deerfield Ditch, a 24-inch diameter headgate that diverts water out of Snowmass Creek, and likely local springs and

seeps that are tributary to Snowmass Creek. The pond system also likely intercepts groundwater tributary to Snowmass Creek (see

above in this regard). The total diversions and depletions from the pond system and ditch are shown on Table 1 on file with the

Court. Evaporation: The total open surface area of the Deerfield Well Pond System, including the surface area of Deerfield Ditch, is

0.53 acre. The annual gross evaporation from the pond system occurs at a rate of 45 inches per one surface acre per year. The average

annual evaporation from the pond system is 1.802 acre-feet. Monthly evaporation was calculated using the State Engineer’s Office

guidelines and criteria as provided on Table 2. Although the pond system likely intercepts groundwater, the evaporation depletions

from the pond system do not cause any delayed effects on the stream due to the pond system’s close proximity to Snowmass Creek

and because the groundwater elevation is several feet below the high water elevation. Irrigation Depletions: The Deerfield Well Pond

System will irrigate up to 1.52 acres on Applicant’s property. The consumptive use rate for irrigation in this area was estimated to be

approximately 1.912 feet per acre per year, as shown in Table 3. For the full 1.52 acres irrigated, this equals 2.91 acre-feet of

irrigation depletions, as shown in Table 1. Lagged return flows are considered in Tables 4 and 5, and do not change the net irrigation

depletion calculation. Downstream calls: The primary source of a water right call on Snowmass Creek and the Roaring Fork River is

the “Cameo Call” made by several downstream agricultural rights on the Colorado River near Grand Junction. These rights have

historically placed a call on the Upper Colorado River during average and dry years for one week in April, one week in May, two

weeks in June, all of July through October, and one week in November. Pursuant to this plan for augmentation, Applicant shall secure

a BWCD Allotment Contract in the amount of up to 3.8 acre-feet to augment by exchange any mainstem call including the Cameo

Call. Whenever a valid call is made by a senior water right with a point of diversion below the confluence of the Roaring Fork and

Fryingpan Rivers, all out-of-priority evaporation and irrigation depletions from the Deerfield Well Pond System, shall be augmented

by exchange by releases from the various BWCD water rights described in paragraph 14.B above. A dry-year augmentation schedule

is outlined in Table 6. Applicant’s Third Claim below is for an appropriative right of exchange for the reaches between the point of

depletion on Snowmass Creek and the downstream points of replacement on the Roaring Fork and/or Colorado Rivers. Colorado



Water Conservation Board (“CWCB’s”) local call: The CWCB holds instream flow water rights in Snowmass Creek from its

confluence with Capital Creek to the Roaring Fork River, and in the Roaring Fork River above its confluence with the Fryingpan

River. However, the Deerfield Well Pond System was a present use in existence before the CWCB appropriations. Therefore, pursuant

to C.R.S. § 37-92-102(3)(b), Applicant is not proposing to replace evaporation or irrigation depletions from the pond system to satisfy

a CWCB call. Other local calls: Historically, senior agricultural water rights on Snowmass Creek and on the Roaring Fork River

above its confluence with the Fryingpan River have not placed calls. However, if a valid call occurs, Applicant shall cease all

diversions into the Deerfield Well Pond System from the Deerfield Ditch and shall cease all irrigation out of the pond system.

Additionally, all out-of-priority evaporation depletions from the pond system and ditch shall be replaced by releases of water from the

main pond that is surcharged above the groundwater table due to in-priority diversions from the Deerfield Ditch. The releases shall be

accomplished via an outlet structure directly into Snowmass Creek, and shall be made in a volume equal to the actual evaporation

depletion to the extent that the depletion is caused by uncontrolled inflow as estimated in Table 6. Table 6 outlines an augmentation

schedule for any local call occurring between April and mid-November. The water that was diverted in priority into the pond system

from the Deerfield Ditch shall then draw down by evaporation and percolation into the groundwater table. Applicant shall install a

staff gauge into, and create a detailed stage capacity curve for, the pond system to fully implement this plan. Onsite storage releases

from the Deerfield Well Pond System shall occur only in the event of local calls other than calls by the CWCB. THIRD CLAIM: FOR

CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE. Name of structure: Deerfield Exchange. Location: Downstream

Termini: The points of replacement on the Roaring Fork and/or Colorado Rivers of the BWCD’s water rights listed above and

described with particularity as follows: For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and

Colorado Rivers, located in the SE ¼ of the NW ¼ of Section 9, Township 6 South, Range 89 West of the 6th

P.M., at a point

approximately 2,200 feet south of the North Section line and 2,350 feet east of the West Section line of said Section 9; For the

exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork and Frying Pan Rivers located in

the SW ¼ of the SE ¼ of Section 7, Township 8 South, Range 86 West of the 6th

P.M., at a point 647 feet north of the South Section

line and 1,475 feet west of the East Section line of said Section 7; and For the exchange of Robinson Ditch water: The point of

diversion for the Robinson Ditch on the Roaring Fork River, located in the NW ¼ of the SE ¼ of Section 11, Township 8 South,

Range 87 West of the 6 P.M., at a point 2,307 feet north of the South Section line and 2,309 feet west of the East Section line of said

Section 11. A map of the BWCD’s augmentation supplies is labeled Figure 3. Upstream Terminus: The Deerfield Ditch, described

above. Sources: The sources are described above. Date of appropriation: September 1, 2012. Appropriation was initiated by field

inspection, survey, formulation of intent to appropriate the exchange, and water court application. Date water applied to beneficial use:

N/A. Rate: 0.06 c.f.s., conditional. Volume: Up to 3.8 acre-feet, conditional. Plan of operation: The plan for augmentation described in

the Second Claim above includes an appropriative right of exchange of the augmentation water released pursuant to Applicant’s

BWCD allotment contract, extending from the lower termini described above to the upper terminus described above. Applicant shall

operate the exchange only when it is in priority. (12 pgs.)






81601.






12CW193 PITKIN COUNTY. SNOWMASS CREEK. Thomas P. Danis and Lucy L. Danis, c/o Patrick, Miller, Kropf & Noto,

P.C., 229 Midland Avenue, Basalt, CO 81621 (970) 920-1028. APPLICATION FOR ABSOLUTE WATER RIGHTS AND FOR

APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. FIRST CLAIM: FOR ABSOLUTE WATER RIGHT.

Name of structures: Danis Well Pond System, comprised of a main pond and two small water feature ponds. Legal description: The

upper terminus of the well pond system is located in the SW ¼ of the SE ¼ of Section 34, Township 8 South, Range 86 West of the 6th

P.M., at a point approximately 1,235 feet north of the South Section line and 1,728 feet west of the East Section line of said Section

34. The lower terminus is located in the NW ¼ of the SE ¼ of Section 34, Township 8 South, Range 86 West of the 6th

P.M., at a point

approximately 1,501 feet north of the South Section line and 1,641 feet west of the East Section line of said Section 34 (Pitkin

County). Maps of the pond system are on file with the Court. Sources: The pond system is fed by unnamed tributaries to Snowmass

Creek, the Roaring Fork River and the Colorado River that deliver tailwater and wastewater return flow from uses on upstream

properties. It also collects water from local springs and seeps and likely intercepts groundwater, all tributary to Snowmass Creek.

Amount claimed: 12.0 acre-feet, absolute. Uses: Aesthetic, piscatorial, and augmentation. Surface area of high water line: 1.18 acres.

Maximum height of dam in feet: Less than 10 feet. Length of dam: Approximately 500 feet. Total capacity of pond in acre feet: 12.0



acre-feet, all active capacity. Date of appropriation: October 15, 1975. How appropriation was initiated: Storage and application of

water to beneficial use. Date water applied to beneficial use: October 15, 1975. Name and address of owner of the land upon which

any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon

which water is or will be stored, including any modification to the existing storage pool: Applicant. SECOND CLAIM: FOR

ABSOLUTE WATER RIGHT. Name of structures: Danis Entry Well Pond. Legal description: The centerline of the embankment is

located in the SW ¼ of the SE ¼ of Section 34, Township 8 South, Range 86 West of the 6th

P.M., at a point approximately 276 feet

north of the South Section line and 1,843 feet west of the East Section line of said Section 34 (Pitkin County). Maps of the pond are

on file with the Court. Sources: The pond system is fed by unnamed tributaries to Snowmass Creek, the Roaring Fork River and the

Colorado River that deliver tailwater and wastewater return flow from uses on upstream properties. It also collects water from local

springs and seeps and likely intercepts groundwater, all tributary to Snowmass Creek. Amount claimed: 0.8 acre-foot, absolute. Uses:

Aesthetic and augmentation. Surface area of high water line: 0.15 acre. Maximum height of dam in feet: Less than 10 feet. Length of

dam: Approximately 100 feet. Total capacity of pond in acre feet: 0.8 acre-feet, all active capacity. Date of appropriation: September

1, 1970. How appropriation was initiated: Storage and application of water to beneficial use. The pond was created by beavers to the

best of Applicant’s knowledge. Date water applied to beneficial use: September 1, 1970. Name and address of owner of the land upon

which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or

upon which water is or will be stored, including any modification to the existing storage pool: Applicant. THIRD CLAIM: FOR

APPROVAL OF PLAN FOR AUGMENTATION. Name of structures to be augmented: Danis Well Pond System, as described in the

First Claim above, and Danis Entry Well Pond, as described in the Second Claim above. Water rights to be used for augmentation:

Danis Well Pond System, as described in the First Claim above, and Danis Entry Well Pond, as described in the Second Claim above.

A Basalt Water Conservancy District (“BWCD”) Allotment Contract for up to 3.3 acre-feet from the following water rights for

augmentation purposes: Green Mountain Reservoir. Source: Blue River, tributary to the Colorado River. Legal description: NE ¼ of

the SE ¼ of Section 15, Township 2 South, Range 80 West of the 6th

P.M., 2312 feet from the south section line and 992 feet from the

east section line (Summit County). UTM coordinates: Northing 4414928, Easting 386227.9, Zone 13. Note: The distances from

section lines and UTM coordinates were obtained from the Division of Water Resources’ CDSS database and/or Aquamap program.

Adjudication date: October 12, 1955. Appropriation date: August 1, 1935. Case Nos.: C.A. 2782, 5016, and 5017, U.S. District Court,

District of Colorado; and Case No. 88CW022, District Court, Water Division No. 5. Decreed amount: 154,645 acre-feet, and a refill

right in the amount of 3,856 acre-feet absolute and 150,789 acre-feet, conditional. Decreed uses: In accordance with paragraph 5(a),

(b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Ruedi

Reservoir: Source: Frying Pan River, tributary to the Colorado River. Legal description: NW ¼ of the NW ¼ of Section 18, Township

8 South, Range 84 West of the 6th

P.M., 324 feet from the north section line and 984 feet from the west section line (Eagle and Pitkin

Counties). UTM coordinates: Northing 4358646, Easting 343227.7, Zone 13. Note: The distances from section lines and UTM

coordinates were obtained from the Division of Water Resources’ CDSS database and/or Aquamap program. Adjudication date: June

20, 1958. Appropriation date: July 29, 1957. Case No.: C.A. 4613, Garfield County District Court. Decreed amount: 102,369 acre-

feet (originally decreed for 140,697.3 acre-feet; reduced to 102,369 acre-feet in Case No. W-789-76). Decreed uses: Generation of

electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. Refill: By decree of the Water Court in

Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre-feet, conditional. In Water Court Case

No. 95CW95, 44,509 acre-feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre-

feet of the refill right was made absolute, for a total of 69,766 acre-feet absolute in the refill right. Troy Ditch and Edith Ditch water

rights:

STRUC

TURE

PRIORI

TY

COU

RT

CASE

NO.

ADJ

DATE

APP

DATE

DECREE

D

AMOUN

T

(CFS)

USE

(4)


OR RESERVED

AMOUNT

REMAINING (10)

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

Troy

Ditch (1)

370 3082 08/25/19

36

05/01/19

06

5.10 I 0.000 0.000 0.09

5

0.06

4

0.035 4.906 N/A

Troy

Ditch

1st Enlg

427 3082 08/25/19

36

05/01/19

28

10.80 I 0.000 0.000 0.20

0

0.13

4

0.073 10.39

3

N/A

Troy

Ditch

2nd

Enlg

669 4613 06/20/19

58

06/01/19

42

6.20 I 0.000 0.000 0.11

5

0.07

7

0.042 5.966 N/A

Edith

Ditch

353 3082 08/25/19

36

05/01/19

04

2.72 I 0.110 0.132

0

0.05

0

0.00

0

0.018 2.410 N/A



Edith

Ditch

1st Enlg

673 4613 06/20/19

58

07/01/19

46

3.23 I 0.000 0.000 0.06

0

0.00

0

0.022 3.148 N/A

Troy

Ditch

Water

System

aka

Lower

Headgat

e

(2) W-

2281

15.50(3)

I,D,

M

C,P

0.110 0.132

0

0.52

0

0.27

5

0.190 14.27

3

412.8

9





















P.M.,




STRUCTURE DECREED

AMOUNT/

(cfs)

AMOUNT

OWNED BY

BWCD

(cfs)(1)

ADJ. DATE APP. DATE PRIORITY CASE

NO. (2)

ROBINSON

DITCH

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

132

ROBINSON

DITCH

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

132

ROBINSON

DITCH

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

132

ROBINSON

DITCH

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

C

1061

ROBINSON

DITCH

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

3082













shown on the maps on file with the Court. On this property sits the Danis Well Pond System and the Danis Entry Well Pond. The

ponds are fed by unnamed tributaries to Snowmass Creek that deliver tailwater and wastewater return flow from uses on upstream

properties. They also likely collect water from local springs and seeps and likely intercept groundwater, all tributary to Snowmass

Creek. Evaporation: The total open surface area of the Danis Well Pond System plus the Danis Entry Well Pond is 1.33 acres. The

annual gross evaporation from the pond system occurs at a rate of 45 inches per one surface acre per year. The average annual

evaporation from the pond system is 4.522 acre-feet. Monthly evaporation was calculated using the State Engineer’s Office guidelines

and criteria as shown in Table 1 on file with the Court. Although the Danis Well Pond System and Danis Entry Well Pond likely

intercept groundwater, the evaporation depletions do not cause any delayed effects on the stream due to the continued surface inflows

and because the groundwater elevation is several feet below the high water elevation. Downstream calls: The primary source of a

water right call on Snowmass Creek and the Roaring Fork River is the “Cameo Call” made by several downstream agricultural rights

on the Colorado River near Grand Junction. These rights have historically placed a call on the Upper Colorado River during average

and dry years for one week in April, one week in May, two weeks in June, all of July through October, and one week in November.

Pursuant to this plan for augmentation, Applicant shall secure a BWCD Allotment Contract in the amount of up to 3.3 acre-feet to

augment by exchange any mainstem call including the Cameo Call. Whenever a valid call is made by a senior water right with a point

of diversion below the confluence of the Roaring Fork and Fryingpan Rivers, all out-of-priority evaporation depletions from the Danis

Well Pond System and Danis Entry Well Pond shall be augmented by exchange by releases from the various BWCD water rights

described in paragraph 23.B above. An augmentation schedule is outlined in Table 2. Applicant’s Fourth Claim below is for an

appropriative right of exchange for the reaches between the point of depletion on Snowmass Creek and the downstream points of

replacement on the Roaring Fork and/or Colorado Rivers. Colorado Water Conservation Board (“CWCB’s”) local call: The CWCB

holds instream flow water rights in Snowmass Creek from its confluence with Capital Creek to the Roaring Fork River, and in the

Roaring Fork River above its confluence with the Fryingpan River. However, the Danis Well Pond System and Danis Entry Well

Pond were present uses in existence before the CWCB appropriations. Therefore, pursuant to C.R.S. § 37-92-102(3)(b), Applicant is

not proposing to replace evaporation depletions from the ponds to satisfy a CWCB call. Other local calls: Historically, senior

agricultural water rights on Snowmass Creek and on the Roaring Fork River above its confluence with the Fryingpan River have not

placed calls. However, if a valid call occurs, all out-of-priority evaporation depletions from Danis Well Pond System and Danis Entry

Well Pond shall be replaced by releases of water from the main pond of the Danis Well Pond System and from the Danis Entry Well

Pond that surcharged above the groundwater table due to in-priority diversions from the sources listed above. The releases shall be

accomplished via outlet structures in both ponds that empty into Capital Creek and/or Snowmass Creek and shall be made in a volume

equal to the actual evaporation depletions to the extent that the depletions are caused by uncontrolled inflow as estimated in Table 2.

Table 2 outlines an augmentation schedule for any local call occurring between April and mid-November. The water that was diverted

in priority into the ponds shall then draw down by evaporation and percolation into the groundwater table. Additionally, Applicant can

curtail water from flowing from the main pond of the Danis Well Pond System into the lined water feature ponds. Applicant shall

install a staff gauge into, and create a detailed stage capacity curve for, both the Danis Well Pond System and Danis Entry Well Pond

to fully implement this plan. Onsite storage releases from the Danis Well Pond System and Danis Entry Well Pond shall occur only in

the event of local calls other than calls by the CWCB. FOURTH CLAIM: FOR CONDITIONAL APPROPRIATIVE RIGHT OF

EXCHANGE. Name of structure: Danis Exchange. Location: Downstream Termini: The points of replacement on the Roaring Fork

and/or Colorado Rivers of the BWCD’s water rights listed in paragraph 23.B above and described with particularity as follows: For

the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and Colorado Rivers, located in the SE ¼ of

the NW ¼ of Section 9, Township 6 South, Range 89 West of the 6th

P.M., at a point approximately 2,200 feet south of the North

Section line and 2,350 feet east of the West Section line of said Section 9; For the exchange of Ruedi Reservoir and/or Troy and Edith

Ditch water: The confluence of the Roaring Fork and Frying Pan Rivers located in the SW ¼ of the SE ¼ of Section 7, Township 8

South, Range 86 West of the 6th

P.M., at a point 647 feet north of the South Section line and 1,475 feet west of the East Section line of

said Section 7; and For the exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the Roaring Fork

River, located in the NW ¼ of the SE ¼ of Section 11, Township 8 South, Range 87 West of the 6 P.M., at a point 2,307 feet north of

the South Section line and 2,309 feet west of the East Section line of said Section 11. A map of the BWCD’s augmentation supplies is

on file with the Court. Upstream Terminus: The upper terminus is the inlet of the Danis Entry Well Pond, located in the SW ¼ of the

SW ¼ of Section 34, Township 8 South, Range 86 West of the 6 P.M., at a point 82 feet north of the South Section line and 1,738 feet

west of the East Section line of said Section 34. Sources: The sources are described above. Date of appropriation: September 1, 2012.

Appropriation was initiated by field inspection, survey, formulation of intent to appropriate the exchange, and water court application.

Date water applied to beneficial use: N/A. Rate: 0.005 c.f.s., conditional. Volume: Up to 3.3 acre-feet, conditional. Plan of operation:

The plan for augmentation described in the Third Claim above includes an appropriative right of exchange of the augmentation water

released pursuant to Applicant’s BWCD allotment contract, extending from the lower termini described above to the upper terminus

described above. Applicant shall operate the exchange only when it is in priority. (17 pgs.)








81601.






12CW52 EAGLE COUNTY-GROUNDWATER TRIBUTARY TO THE COLORADO RIVER. Rancho Del Rio, LLC c/o

Jeffrey M. Gibson, 4199 Trough Rd., Bond, CO 80423. (970)653-4355. Rancho Well No. 2 (Permit No. 76816-F)-Amended

Application to add a Conditional Ground Water Right to the previously filed Application for Approval of a Plan for Augmentation.

Location: NE¼NW¼ of S7, T2S, R82W of the 6th

PM 1,090 ft. from the north sec. line and 2,985 ft. from the east sec. line. Source:

groundwater tributary to the Colorado River. Appropriation: July 1, 2008. Amount: 35.0 g.p.m., conditional (2.0 a.f., conditional).

Uses: commercial to support a resort and irrigation. The structure will also be augmented pursuant to the plan for augmentation

applied for in this case. (8 pgs.)






81601.






12CW163 APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING CONDITIONAL WATER RIGHTS,

1. Name, Address and Telephone Number of Applicant: Antero Resources Piceance LLC, formerly Antero Resources Piceance

Corporation (“Applicant”) Attn: John Giannaula, 1625 17th

Street, Suite 300, Denver, CO 80202, [email protected],

(303)-357-7325. 2. Names and Types of Structures: Riverview Ranch Wells No. 1-6. 3. Description of Conditional Water Rights: A.

Date of Original Decree: May 31, 2000, Case No. 99CW176, Court: District Court, Water Division 5, Colorado. B. Subsequent

decrees awarding findings of diligence: Date of Decree: November 5, 2006, Case No. 06CW80, Court: District Court, Water Division

5, Colorado. C. Legal Description: Said wells are located in Section 12, Township 6 South, Range 92 West of the 6th

P.M. in

Garfield County, Colorado, more particularly described as follows:

Feet from South

Section Line Feet From East

Section Line

Depth (feet)

Riverview Well No. 1 1600 2800 103’






D. Source: Underground water tributary to the Colorado River. E. Appropriation Date: May 25, 1999, Amount: 15 gpm (0.033

cfs) conditional for each well, not to exceed 0.816 AF/yr. F. Use: For each well, domestic in-house use for 2 single family

dwellings, watering of two head of livestock and the watering of 100 square ft. of home lawns and gardens. G. Augmentation Plan:

Pursuant to the augmentation plan approved in case No. 99CW176, Riverview Ranch Wells Nos. 1-6 are augmented through a

Colorado River Water Conservation District Contract for 1 AF/year. The current contract, No. CW00004, is for an initial 40-year

term, with the right to renew for an additional 35-year term. The wells are constructed in the alluvium of the Colorado River with no

delayed impacts. H. Name and Address of Land Where Water Will be Applied to Beneficial Use: Riverview Ranch Subdivision, Lots

1-6, Garfield County, CO. 4. Outline of Work Performed and Actions Taken Toward Completion of the Appropriation and

Application of the Water to a Beneficial Use as Conditionally Decreed. A. Description of the Riverview Ranch Subdivision. The

Riverview Ranch Subdivision is a housing development in Garfield County Colorado, which consists of six lots adjacent to the

Colorado River. Two single family homes will be constructed on each of the six lots, for a total of 12 residences. Wells 1-6 provide

water services for each lot. B. Work Performed and Actions Taken Toward Completion of Appropriation. 1) Additional wells

permits were issued for Riverview Ranch Well Nos. 1-6 on December 17, 2008. These well permits allowed for an increase in the




amount of irrigable acreage on Lots 1-6. A water contract was obtained or the West Divide Water Conservancy District, Contract

#050616RR(a), to allow for an increase in the amount of irrigated acreage. This contract provides 16.17 acre feet of augmentation

water for 335,400 square feet of additional irrigated area on the six lots combined. 2) Lots 1-6 were listed for sale with Aspen

Sotheby's International Realty from July 11, 2008 to January 11, 2009, and with Colorado West Brokers from July 27, 2009 to

December 27, 2009. 3) Lots 1-6 were purchased by Applicant from Robert M. Regulski and Rifle Ski Corporation on September 23,

2011. 4) A request for assignment of Water Supply Contract CW00004 (supplying augmentation water for wells 1-6) to Applicant

was submitted to the Colorado River Water Conservation District on September 23, 2011. 5) An application for assignment of

ownership related to Water Allotment Contract # 050616RR(b) (supplying augmentation water for wells 1-6) was submitted to the

West Divide Water Conservancy District on September 23, 2011. 6) An application for change in Ownership/Address of Wells was

filed with the State Engineer’s Office on September 28, 2011 designating Applicant as the owner of Wells 1-6. 7) Applicant is in the

process of selling most of its Piceance Basin oil and gas and related assets to Ursa Resources Group II. The sale is expected to

formally close in December 2012, but is to be effective as of October 1, 2012. Lots 1-6, and the associated water rights for Wells 1-6,

have been reserved by Applicant and excluded from that transaction due to Applicant’s interest in the development of the Riverview

Ranch Subdivision on the property. (6 pgs.)






81601.

Documents

DIVISION 5 WATER COURT- DECEMBER 2012 RESUME 1. … · division 5 water court- december 2012 resume 1. pursuant to c.r.s., §37-92-302, as amended, you are notified that the following