DIVISION 5 WATER COURT-OCTOBER 2011 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 OCTOBER 2011. 11CW135 PITKIN COUNTY. ROARING FORK RIVER ALLUVIUM. Mountain Queen, Inc., c/o Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq. and Danielle M. Luber, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHT. FIRST CLAIM: FOR CHANGE OF WATER RIGHT. Decreed water right for which change is sought: Name of structure: Wilkinson Well, Well Permit No. 74951. Date of original decree: April 5, 2005. Case No.: 03CW231. Court: District Court, Water Division No. 5. Decreed description of the well: The decreed location is in the NE ¼ of the NE ¼ of Section 29, Township 10 South, Range 84 West of the 6th P.M. at a point approximately 3,505 feet South of the North section line and 2,065 feet West of the East section line of said Section 29. Source: Roaring Fork River alluvium. Appropriation date: July 10, 1974. Amount: 10 g.p.m. (0.022 c.f.s.), absolute. Use: Domestic and fire protection. Well Depth: Approximately 75 feet. Detailed description of proposed change. Change requested: Applicant requests a change in the location of the Wilkinson Well only to correct the decreed legal description described above. The legal description decreed in Case No. 03CW231 was incorrect. Location: The correct legal description is the SE ¼ of the NE ¼ of Section 29, Township 10 South, Range 84 West of the 6th P.M. at a point approximately 1,370 feet South of the North section line and 10 feet West of the East section line of said Section 29. Amount: 10 g.p.m. (0.022 c.f.s.), absolute. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW136 GARFIELD COUNTY. Cattle Creek, trib. to Roaring Fork River, trib. to Colorado River. Application for Finding of Reasonable Diligence. Applicant: Kathy Weiss Stephenson, c/o Balcomb & Green, P.C, P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. CLAIM FOR FINDING OF REASONABLE DILIGENCE. Structure: Weiss No. 1 Pond. Original decree: Case No. 96CW311, Dist. Ct., W.D. 5. Subsequent decree: Case No. 04CW185, Dist. Ct., W. D. 5. Location: SE1/4SE1/4, Sec. 14, T. 7 S., R. 88 W., 6 th P.M. N. 40 deg., 00’ W. a dist. of 1,600 ft. from the SE Corner of said Sec. 14. Approp.: 11/26/1996. Amt: 4.0 a.f., cond. Use: augmentation. Weiss Well No. 1. Located at a pt. whence the W. Qtr Corner of Sec. 14, T. 7 S., R. 88 W., 6th P.M. bears N. 73 deg., 38' 51" W. 4,140.81 ft. Described as being in the NW1/4, SE1/4, Sec. 14, T. 7 S., R. 88 W., 6 th P.M. at a pt 1,450 ft. from the S. Sec. line and 1,550 ft. from the E. Sec. line of said Sec. 14. Depth: 200 ft. Approp: 5/22/1978. Amt: 0.033 c.f.s. cond. Use: irr., dom., stockwatering for up to 10 head of livestock and comm. Park Ditch Weiss Enlargement. NW1/4, Sec. 7, T. 7 S., R. 87 W., 6th P.M. whence a red spruce 30" in diameter marked “B/T” bears N. 11 deg. W. 65 ft, the NE Corner of Sec. 13, T. 7 S., R. 87 W., bears S. 14 deg. W. 3140 ft. Approp.: 11/26/1996. Amt: 1.0 c.f.s. cond. Use: aug. by filling and release from Weiss Pond No. 1. Names and addresses of owners of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Diligence activities described in application. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW137 EAGLE COUNTY-SEVEN CASTLES CREEK, TRIBUTARY TO THE FRYINGPAN RIVER, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Rick L. Woolery; P.O. Box 131; Basalt, CO 81621. (970)927-4260. Buckshot Pipeline-Application for Water Rights (Surface). Location: NE¼SW¼ of Sec. 2, T.8S, R.86W. of the 6th P.M. 1,648 ft. from the south sec. line and 2,339 ft. from the west sec. line. Appropriation: June 1, 1981. Amount: 0.0267 c.f.s., absolute. Use: irrigation. Name and address of landowner upon which structure is located: Harry M. Kreidler Trust c/o First Bank, Laporte N.A. Trustee; P.O. Box 5036; Indianapolis, IN 46255. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 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 OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 2 applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW138 (04CW03). IN EAGLE COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF EAGLE RIVER WATER & SANITATION DISTRICT. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Glenwood Springs, Colorado 81601. 1. Name, address and telephone number of applicant: Eagle River Water and Sanitation District (the “District”), c/o General Manager, 846 Forest Road, Vail, CO 81657, (970) 595-0138. Direct all pleadings to: Glenn E. Porzak, Thomas W. Korver, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302 (303) 443-6800. 2. Name of structures: A. Gore Creek Intake for Booth Creek Treatment Plant. Type: Direct Flow. B. Plow Spring. Type: Direct Flow. C. Log Chute Pump Station. Type: Direct Flow. D. No. 245 Pumphouse and Pond. Type: Direct Flow. E. Main Gore Municipal Ditch and Pipeline. Type: Direct Flow. F. Hoyt Pipeline. Type: Direct Flow. G. Hoyt Reservoir. Type: Reservoir. H. E.C.D.C. Reservoir. Type: Reservoir. I. K.A.C. Reservoir. Type: Reservoir. 3. Description of water rights: A. Gore Creek Intake for Booth Creek Treatment Plant: (i) Original decree: July 29, 1974, Case No. W-2167, District Court, Water Division No. 5 (the “Water Court”). Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. W-2167-78 (August 12, 1980); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW107 (August 27, 1986); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: On the right bank of Gore Creek in the SE¼ of the SE¼ of Section 3, T.5S., R.80W. of the 6th P.M. at a point whence the Southeast corner of said Section 3 bears S. 2130' E. 970 feet. Alternate Points of Diversion: Wells R-2 and R-7 were decreed as alternate points of diversion in Case Nos. 83CW258 and 86CW72, respectively. Well R-2 is located in the SE¼ of the SW¼ of Section 3, T.5S., R.80W., 6th P.M. at a point approximately 900 feet from the South section line and 2,365 feet from the West section line of said Section 3. Well R-7 is located in the SE1/4 of the SE1/4 of Section 3, T.5S., R.80W., 6th P.M. at a point approximately 815 feet from the South section line and 575 feet from the East section line of said Section 3. The Metcalf Headgate and the Raw Water Booster Pump were decreed as alternate points of diversion in Case No. 94CW14. The Metcalf Headgate diverts from the Eagle River and is located in the SE 1/4 of the SW 1/4 of Section 7, T.5S., R.81W. of the 6th P.M. at a point from which the SE Corner of the SW 1/4 of said Section 7 bears South 5300'44" East a distance of 1446 feet. The Raw Water Booster Pump headgate diverts from the Eagle River and is located in the NW 1/4 of the NW 1/4 of Section 12, T.5S., R.82W. of the 6th P.M. at a point from which the SW Corner of the NW 1/4 of said Section 12 bears South 1801'34" West a distance of 1551.13 feet. Vail Mountain Snowmaking Pipeline Nos. 1, 2 and 3 were decreed as alternate points of diversion in Case No. 00CW48, and divert water in the vicinity of the confluence of the Eagle River and Gore Creek. Vail Mountain Snowmaking Pipeline No. 1 is located in the NW1/4NW1/4 Section 22, T.5S., R.81W., 6th P.M., at a point from whence the NW1/16th Corner of said Section 22 bears South 13593 East, a distance of 465.76 feet, more or less, which is 890 feet from north line and 1245 feet from west line. Vail Mountain Snowmaking Pipeline No. 2 is located in the NW1/4NW1/4 Section 22, T.5S., R.81W., 6th P.M., at a point from whence the NW1/16th Corner of said Section 22 bears South 91855 East, a distance of 420.57 feet, more or less, which is 915 feet from north line and 1290 feet from west line. Vail Mountain Snowmaking Pipeline No. 3 is located in the NW1/4NW1/4 Section 22, T.5S., R.81W., 6th P.M., at a point from whence the NW1/16th Corner of said Section 22 bears South 71745 East a distance of 476.23 feet, more or less, which is 860 feet from north line and 1290 feet from west line. The Donovan Park Diversion and the Ford Park Diversion were decreed as alternate points of diversion in Case No. 05CW104. The Donovan Park Diversion diverts from Gore Creek and is located in the NE 1/4 of the SW 1/4 of Section 12, T.5S., R.81W. of the 6th P.M., 2,150 feet from south line and 1,300 feet from the west line of said Section 12. The Ford Park Diversion diverts from Gore Creek and is located in the NE 1/4 of Section 8, T.5S., R.80W. of the 6th P.M., 1,350 feet from north line and 1,200 feet from east line of said Section 8. (iii) Source: Gore Creek, tributary to the Eagle River. (iv) Appropriation date: December 19, 1973. (v) Amount: 4.63 cfs absolute, 0.81 conditional. (vi) Decreed uses: Municipal purposes, including domestic, commercial, industrial, irrigation, recreation, artificial snowmaking, and fish and wildlife propagation. B. Plow Spring: (i) Original decree: July 29, 1974, Water Court Case No. W-2167. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. W-2167-78 (August 12, 1980); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW107 (August 27, 1986); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: On the South bank of Mill Creek in Section 16, T. 5 S., R. 80 W. of the 6th P.M., at a point whence the NW corner of Section 8 of said Township and Range bears N. 5038' W. 10,600 feet. (iii) Source: Mill Creek, tributary to Gore Creek and the Eagle River. (iv) Appropriation date: December 19, 1973. (v) Amount: 0.013 cfs absolute, 0.165 cfs conditional. (vi) Decreed uses: Same as those listed in paragraph 3(A)(vi) above. C. Log Chute Pump Station: (i) Original decree: April 4, 1974, Water Court Case No. W-2167. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. W-2167-78 (August 12, 1980); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW107 (August 27, 1986); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: On the South bank of Mill Creek in Section 16, T.5S., OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 3
R.80W. of the 6th P.M., at a point whence the NW corner of Section 8 of said Township and Range bears N. 4915' W. 10,250 feet. (iii) Source: Mill Creek, tributary to Gore Creek and the Eagle River. (iv) Appropriation date: December 19, 1973. (v) Amount: 0.09 cfs conditional. (vi) Decreed uses: Same as those listed in paragraph 3(A)(vi) above. D. No. 245 Pumphouse and Pond: (i) Original decree: April 4, 1974, Water Court Case No. W-2167. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. W-2167-78 (August 12, 1980); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW107 (August 27, 1986); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: On the East bank of Mill Creek in Section 17, T.5S., R.80W. of the 6th P.M., at a point whence the NW corner of Section 8 of said Township and Range bears N. 3127' W. 6,350 feet. (iii) Source: Mill Creek, tributary to Gore Creek and the Eagle River. (iv) Appropriation date: December 19, 1973. (v) Amount: 1.78 cfs conditional. (vi) Decreed uses: Same as those listed in paragraph 3(A)(vi) above. E. Main Gore Municipal Ditch and Pipeline: (i) Original decree: May 31, 1972, Water Court Case No. CA1529. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. 2376 (April 25, 1975); W-78-2376 (October 8, 1979); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW139 (June 29, 1987); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: At a point on the right hand or Northerly bank of Main Gore Creek whence the NW corner of Section 18, T.5S., R.79W. of the 6th P.M. bears North 6124' West a distance of 1,863 feet. Alternate Points of Diversion: The Bighorn/Gore Valley Pumphouse was decreed as an alternate point of diversion in Case No. 82CW042, and is located on Gore Creek at a point in the NW¼ NW¼ of Section 18, T.5S., R.79W. of the 6th P.M. at a point 1,250 feet from the North section line and 1,100 feet from the West section line. Vail Valley Consolidated Water District Wells R-1 and R-7 were decreed alternate points of diversion in Case No. 79CW124 and 86CW072, respectively. Well R-1 is located in the SE¼ SE¼ of Section 3, T.5S., R.80W. of the 6th P.M. at a point approximately 1,095 feet from the South section line and 1,256 feet from the East section line. Well R-7 is described in paragraph 3(A)(ii) above. The Metcalf Headgate and the Raw Water Booster Pump were decreed as alternate points of diversion in Case No. 94CW14, and are described in paragraph 3(A)(ii) above. The following structures were decreed as alternate points of diversion in Case No. 79CW124: Booth Creek Water Treatment Plant Intake, Gore Creek Intake for Booth Creek Treatment Plant, Town of Vail Spring Taps, Gore Creek Water Treatment Plant Intake, Golden Peak Snowmaking, Tourist Trap Spring, Log Chute Pump Station, No. 245 Pumphouse and Pond, Plow Spring, and Vail Golf Course Ditch. The Booth Creek Water Treatment Plant Intake is located at a point whence the West quarter corner of Section 2, T.5S., R.80W. of the 6th P.M. bears South 54 West, approximately 400 feet. The Town of Vail Spring Taps is located within a 100-foot circle from the center of which the West quarter corner of Section 8, T.5S., R.80W. of the 6th P.M. bears North 50 West, approximately 364 feet. The Gore Creek Water Treatment Plant Intake is located at a point whence the Northwest corner of Section 9, T.5S., R.80W. of the 6th P.M. bears North 3 West, approximately 1100 feet. The Golden Peak Snowmaking is located on the East bank of Mill Creek whence the Northwest corner of Section 8, T.5S., R.80W. of the 6th P.M. bears North 3825’ West, 3500 feet. The Tourist Trap Spring is located at a point whence the Northwest corner of Section 8, T.5S., R.80W. of the 6th P.M. bears North 1912’ West, 8950 feet. The Vail Golf Course Ditch is located in the SW1/4 of Section 3, T.5S., R.80W., 6th P.M. at a point within 200 feet of a point 40 feet North from the South Section line and 670 feet East from the West Section line of said Section 3. The Gore Creek Intake for Booth Creek Treatment Plant, Plow Spring, Log Chute Pump Station, and No. 245 Pumphouse and Pond diversions are described in paragraphs 3(A)(ii), 3(b)(ii), 3(C)(ii), and 3(D)(ii) above. Vail Mountain Snowmaking Pipeline Nos. 1, 2 and 3 were decreed as alternate points of diversion in Case No. 00CW48, and are described in paragraph 3(A)(ii) above. (iii) Source: Gore Creek, tributary to the Eagle River. (iv) Appropriation date: April 4, 1963. (v) Amount: 3.1 cfs absolute, 6.9 cfs conditional. (vi) Decreed uses: All municipal uses such as domestic use, mechanical use, manufacturing use, fire protection, use for sewage treatment, street sprinkling, watering of parks, watering of lawns and grounds, the maintenance of adequate storage reserves, irrigation, replacement and the adjustment and regulation of the units of the District’s water supply system within themselves and with other users. F. Hoyt Pipeline: (i) Original decree: May 31, 1972, Case No. CA1529, District Court, Eagle County. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. 2376 (April 25, 1975); W-78-2376 (October 8, 1979); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW139 (June 29, 1987); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: At a point on the left or Westerly bank of Black Gore Creek whence the NW corner of Section 18, T.5S., R.79W., 6th P.M., bears North 2021' West, a distance of 3,311 feet. Alternate Points of Diversion: Well R-2 was decreed as an alternate point of diversion in Case No. 82CW281, and is described in paragraph 3(A)(ii) above. Vail Associates Gore Creek Snowmaking Point B was decreed as an alternate point of diversion in Case No. 82CW328, and is located at a point in Section 7, T.5S., R.80W., 6th P.M. commencing at the NW corner of said Section 7, thence South 118' East, a distance of 843 feet. The following structures were decreed as alternate points of diversion in Case Nos. 82CW328 and 79CW124: Black Gore Infiltration Gallery, Booth Creek Water Treatment Plant Intake, Gore Creek Intake for Booth Creek Treatment Plant, Well R-1, Town of Vail Spring Taps, Gore Creek Water Treatment Plant Intake, Golden Peak Snowmaking; Tourist Trap Spring, Log Chute Pump Station, No. 245 Pumphouse and Pond, Plow Spring and Vail Golf Course Ditch. Black Gore Infiltration Gallery is located at a point from whence the W1/4 corner of Section 18, T. 5 S., R. 79 W., 6th P.M. bears South 6127' West, 1,264 feet. The Booth Creek Water Treatment Plant Intake , Gore Creek Intake for Booth Creek Treatment Plant, Well R-1, Town of Vail Spring Taps, Gore Creek Water Treatment Plant Intake, Golden Peak Snowmaking; Tourist Trap Spring, Log Chute Pump Station, No. 245 Pumphouse and Pond, Plow Spring and Vail Golf Course Ditch diversions are described in paragraph 3(E)(ii) above. (iii) Source: Black Gore Creek, tributary to Gore Creek and the Eagle River. (iv) OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 4
Appropriation date: April 4, 1963. (v) Amount: 4.5 cfs absolute, 5.5 cfs conditional. (vi) Decreed uses: Those listed in paragraph 3(E)(vi) above, and snowmaking per the decree in Case No. 82CW328. G. Hoyt Reservoir: (i) Original decree: May 31, 1972, Case No. CA1529, District Court, Eagle County. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. 2376 (April 25, 1975); W-78-2376 (October 8, 1979); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW139 (June 29, 1987); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: At a point whence the Northeast corner of Section 13, T.5S., R.80W. of the 6th P.M., bears North 24 43' West, a distance of 13,011 feet. Alternate Points of Diversion: The following structures were decreed as alternate points of diversion in Case No. 79CW124: Booth Creek Water Treatment Plant Intake, Gore Creek Intake for Booth Creek Treatment Plant, Well R-1, Town of Vail Spring Taps, Gore Creek Water Treatment Plant Intake, Golden Peak Snowmaking; Tourist Trap Spring, Log Chute Pump Station, No. 245 Pumphouse and Pond, Plow Spring and Vail Golf Course Ditch, which are described in paragraph 3(E)(ii) above. (iii) Source: Black Gore Creek, tributary to Gore Creek and the Eagle River. (iv) Appropriation date: May 30, 1966. (v) Amount: 240.25 acre-feet conditional. (vi) Decreed uses: Same as those listed in paragraph 3(E) (vi) above. H. E.C.D.C. Reservoir: (i) Original decree: May 31, 1972, Case No. CA1529, District Court, Eagle County. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. 2376 (April 25, 1975); W-78-2376 (October 8, 1979); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW139 (June 29, 1987); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: At a point whence the Northeast corner of Section 13, T.5S., R.80W., of the 6th P.M. bears North 1745' West, 5,761 feet. Alternate Points of Diversion: The following structures were decreed as alternate points of diversion in Case No. 79CW124: Booth Creek Water Treatment Plant Intake, Gore Creek Intake for Booth Creek Treatment Plant, Well R-1, Town of Vail Spring Taps, Gore Creek Water Treatment Plant Intake, Golden Peak Snowmaking; Tourist Trap Spring, Log Chute Pump Station, No. 245 Pumphouse and Pond, Plow Spring and Vail Golf Course Ditch, which are described in paragraph 3(E)(ii) above. (iii) Source: Black Gore Creek, tributary to Gore Creek and the Eagle River. (iv) Appropriation date: May 30, 1966. (v) Amount: 112 acre-feet conditional. (vi) Decreed uses: Same as those listed in paragraph 3(E) (vi) above. I. K.A.C. Reservoir: (i) Original decree: October 5, 1978, Water Court Case No. W-3603. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW139 (June 29, 1987); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: In the SE¼ SE¼ of Section 12, T.5S., R.80W. of the 6th P.M. (iii) Source: Gore Creek. (iv) Appropriation date: September 2, 1977. (v) Amount: 2.8 acre-feet absolute, 72.2 acre-feet conditional. (vi) Decreed uses: Irrigation, domestic, municipal and industrial. The originally decreed points of diversion for the subject water rights are shown on Exhibit A hereto. 4. Detailed outline of work done to complete the project and apply water to beneficial use: The District is a quasi- municipal entity that provides water service to customers in the Vail and Wolcott areas and sewer service to customers in Vail, Minturn, Eagle Vail, Avon, Beaver Creek, Arrowhead, Berry Creek, Edwards and Wolcott. The District and the Upper Eagle Regional Water Authority, which is managed by the staff of the District, comprise the second largest water and wastewater provider on the Western Slope. These two entities are required to meet the water demands of more than 65,000 residents in Eagle County and over 2.2 million annual recreational visitors to the Vail and Beaver Creek ski areas. The District is the successor to six separate quasi- municipal entities formed to serve the water needs of the Gore Creek Valley and who adjudicated the subject water rights. The subject water rights are necessary to meet the District’s demands for domestic, irrigation, recreation and other municipal uses within the District’s service area, as that area continues to expand. The District’s need for the subject water rights is especially critical during the winter ski season when peak demands necessitate providing water for the tourists, day skiers, second homeowners, and the workers who commute into Vail every day and use the water provided by the District. Moreover, the District’s water rights are used to provide water for snowmaking on the Vail Ski Area, where the District is obligated to meet the demand for up to 20,000 skiers on a peak day, and where the District provides over 600 acre-feet per year of snowmaking water. Snowmaking requires large flow rates in late fall and early winter as soon as temperatures are cold enough to make snow. The District needs to prudently plan for population increases and the increased water demands caused by skiers and visiting tourists. The subject water rights are critical components of the District’s future planning to meet those demands. The District estimates current and future service demands based upon single family equivalents (“SFEs”), which are calculated based on type of use and other considerations. The District’s most recent Master Plan Update estimates that approximately 2,900 new SFEs will be added to the District’s system in the near future. The Update also estimates average day demand will increase from 2.5 mgd to 3.3 mgd between 2006 and 2012, and peak day demand will increase from 5.6 mgd to 7.7 mgd. According to Eagle County’s 2005 Comprehensive Plan, the County population will increase from 49,600 in 2005 to 88,000 by 2030. As one of the main providers of water in from Vail to Wolcott in Eagle County, the District requires the subject water right in order to serve the projected population growth in Eagle County in general, and in the Gore Creek Valley in particular. The subject water rights also provide for upstream reservoir storage in the Gore Creek Valley, which is especially advantageous in the context of providing augmentation and replacement for diversions within the District’s service area. The upstream storage and direct flow water rights provide the District with the flexibility necessary to manage its water right portfolio in a manner that maximizes beneficial use. The subject storage rights also provide the District with the opportunity to maximize storage in smaller structures in order to release water at places where it is needed most. Significant development continues in the Vail Valley and the Eagle River Valley. The subject water rights remain important water rights in the District’s integrated water system in order to provide water service to the District’s customers. In short, the District needs the subject water rights to meet current and future SFE OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 5 requirements in the District’s current and future service area, which includes the Vail ski area. The District believes that it can and will complete the appropriation within a reasonable time, and intends to perfect the subject water right within a reasonable time for use by the District’s customers. With the foregoing as background, the District has engaged in numerous activities during the relevant period that demonstrate diligence toward the application of the water rights to the decreed beneficial uses. The subject water rights are part of District’s integrated water supply system. The District has incurred well over twenty million dollars in capital improvement expenditures to upgrade and expand the District’s water supply facilities, and to develop water rights that will assist in providing a dependable legal and physical supply of water for the District’s service area and the subject water rights specifically. All such expenditures are necessary steps in the development of the District’s integrated water supply system and the subject water rights. Some of the specific activities demonstrating the District’s diligence include: A. Litigation with the Denver Water Department in Case No. 02CW125 at a cost to the District of over $300,000 that resulted in the abandonment of water rights senior to, and in some cases upstream of, the subject water rights. The abandonment of these water rights increases the amount of water available in priority to the subject water rights. B. Negotiation and execution of the 2010 Consolidated Water Exchange Agreement with the City of Aurora and the City of Colorado Springs which entitles the District to the release of additional water stored in Homestake Reservoir. The Homestake Reservoir water can be used in part to augment by exchange out-of-priority diversions and storage from the subject water rights. C. The design, permitting and construction of the enlargement of Black Lakes at a cost of over $725,000, which storage facility is a component of the District’s integrated water system that is to include the subject water rights. Black Lakes is a source for replacement of depletions in the Gore Creek basin and, together with the subject water rights, may be used to satisfy conditions of stipulations with the Colorado Water Conservation Board. D. The design, construction, rehabilitation and maintenance of plants, water lines, pump stations, tanks, check valves and similar infrastructure within the District’s service area at a cost of over $23,750,000 between 2005 and 2010. The subject water rights will be utilized as part of the physical supply of the District’s integrated water system. Water diverted by the subject direct flow rights and stored in the subject ponds and reservoirs will be an important component of both the physical direct use and augmentation supply for use within the District’s integrated water supply facilities. E. The prosecution of diligence applications to maintain direct flow water rights and storage water rights within the Gore Creek basin in full force and effect. The water rights subject to these diligence applications are part of the District’s integrated system and may be augmented by the subject water rights or used to augment the subject water rights. F. Participation in a study of the water quality of Gore Creek and mechanisms to improve the quality of Gore Creek which may allow the District to more fully utilize its existing conditional water rights. G. Litigation in Case No. 05CW104 at a cost to the District of over $300,000 to decree the Donovan Park Diversion and the Ford Park Diversion as alternate points of diversion for the Gore Creek Intake for Booth Creek Treatment Plant water right. H. Installation of pumps and other facilities at a cost of over $550,000 allowing the District to divert raw water for the irrigation of Donovan Park and Ford Park as alternate points of diversion for the Gore Creek Intake for Booth Creek Treatment Plant water right. I. The District fully intends to develop and utilize the subject water rights for the full decreed amounts. All of the above activities are necessary prerequisites to applying the subject conditional water right to the beneficial uses for which it was decreed. A map depicting the District’s service area, which is the location of use of the subject water rights, is attached as Exhibit B hereto. 5. Ownership: The Gore Creek Intake for Booth Creek Treatment Plant and K.A.C. Reservoir are located on land owned by the Town of Vail, whose address as provided by Eagle County records is 75 S Frontage Road W, Vail, CO 81657. Plow Spring, Log Chute Pump Station, No. 245 Pumphouse and Pond, Main Gore Municipal Ditch and Pipeline, Hoyt Pipeline, Hoyt Reservoir, and E.C.D.C. Reservoir are located in the White River National Forest on land owned by the United States of America, whose address as provided by Eagle County records is PO Box 25127, Lakewood, CO 80225. The local office address for the USDA Forest Service White River National Forest is 900 Grand Ave., P.O. Box 948, Glenwood Springs CO 81602. WHEREFORE, the District seeks a finding that it has exercised reasonable diligence with respect to the water rights identified in paragraphs 2 and 3 above, and such other and further relief as this Court deems just and proper. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW139 ROUTT COUNTY; Application for Findings of Reasonable Diligence and/or to Make Water Rights Absolute. Applicant: Mike Luark, 8313 Colorado River Rd., Gypsum, Colorado 81637; please direct all correspondence and pleadings to: SHERRY A. CALOIA, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601, (970) 945-6067 (ph), (970) 945-6292 (fax), [email protected]; Name of Structure: House Pond; Location: in the SW ¼ SW ¼ Sec 9, T 1 S, R 85 W of the 6th P.M. approx. 870 from the West section line and 70 feet from the south section line. Source: The source of the water is springs, seeps and runoff tributary to Sunnyside Creek which is tributary to the Colorado River. Prior Decree: Case No. 04CW176, District Court in and for Water Division No. 5. Approp. OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 6
Date: 11/1/01. Amount: 10 acre-feet, conditional with right to refill and to continuously fill, conditional. Use: Piscatorial, aesthetic, recreational, and stockwater uses. If off-channel reservoirs, name and capacity of ditch or ditches used to fill reservoirs, and legal description of each point of diversion: Springs, seeps and runoff tributary to Sunnyside Creek at the rate of 1 c.f.s. Date water applied to beneficial use: 10/10/11. Dam length: 250 feet (actual as built 275 feet). Dam height: 10 feet – max. Total acre feet: 24 acre feet (actual as built 6 acre feet). Active storage: 14 acre feet (actual as built 6 acre feet). Dead storage: 0 acre feet. Surface area: 3 acres (actual as built 1.50 acres). The pond is on the property of the Applicant. Name of Structure: Trailer Pond. Location: in the NW ¼ SW ¼ Sec 9, T 1 S, R 85 W of the 6th P.M. approx. 930 from the West section line and 1510 feet from the south section line. Source: The source of the water is from springs, seeps and runoff tributary to Sunnyside Creek which is tributary to the Colorado River. Prior Decree: Case No. 04CW176, District Court in and for Water Division No. 5. Approp. Date: 11/1/01. Amount: 10 acre- feet, conditional with right to refill and to continuously fill, conditional. Use: Piscatorial, aesthetic, recreational, and stockwater uses. If off-channel reservoirs, name and capacity of ditch or ditches used to fill reservoirs, and legal description of each point of diversion: springs, seeps and runoff tributary to Sunnyside Creek at the rate of 1 c.f.s. Date water applied to beneficial use: 10/10/11. Dam length: 250 feet (actual 200 feet). Dam height:10 feet – max. Total acre feet: 6 acre feet (actual 5.5 acre foot). Active storage: 6 acre feet (actual as built 5.5 acre feet). Dead storage: 0 acre feet. Surface area: 0.50 acres (actual as built 0.75 acres). The Pond is located on the property of Applicant. The Application includes a detailed outline of what has been done to put water to beneficial use and/or diligently pursue the same. (6 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW140 - Aspen Kiwi Properties, LLC, c/o Anne Marie McPhee, Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., 533 E. Hopkins Avenue, 3rd Floor, Aspen, CO 81611, [email protected], (970) 920-1700. APPLICATION FOR CHANGE OF WATER RIGHTS. Decreed water right for which change is sought: Rondelay Well H. Date of original and subsequent decrees: 4/18/1987, 12/13/1988, 10/11/1994. Case Nos: 81CW492, 88CW070 and 94CW047. Court: Water Div. 5. Legal description of structure: The well is located in the NE ¼ SE ¼ of Sec. 22, T. 9 S., R. 85 W. of the 6th P.M. at a point 1450 ft. N. of the S. line and 630 ft. W. of the E. line of Sec. 22 in Pitkin County, Colorado. Source: Roaring Fork River, trib. to Colorado River. Approp. Date: 4/15/1981. Amount: 0.033 cfs, abs. Use: An exempt, domestic well as specified in C.R.S. §37-92-602(1)(b). Detailed description of proposed change: Applicant seeks to change the originally decreed point of diversion for the Rondelay Well H to correspond to its actual location. The currently decreed point of diversion for the Rondelay Well H is located approximately 910 ft. to the east of the Well’s actual location. Applicant seeks to change the decreed point of diversion to the following: The well is located in the SW ¼ SW ¼ of S. 23, T. 9 S., R. 85 W. of the 6th P.M at a point 974 ft. N. of the S. line and 151 E. of the W. line of said S. 23 (Pitkin County, Colorado). There are no intervening water rights between the original decreed point of diversion and the proposed changed point of diversion. Applicant also seeks clarification of the Rondelay Well H’s decreed status as an exempt domestic well, pursuant to C.R.S. § 37-92- 602(1)(b), which statute allows domestic uses in not over three single-family dwellings, fire protection, livestock watering and irrigation of not over one acre of home gardens and lawns. Name and address of owner of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed or upon which water is or will be stored: Applicant. (3 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW141 MESA COUNTY, COTTONWOOD CREEK, PLATEAU CREEK, COLORADO RIVER. Brad A. & Diane K. Baldwin, 740 West Wilshire Ct, Grand Junction, CO 81506, 970-245-8583, [email protected] with a copy to Kirsten M. Kurath, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502, 970-242-6262, kmkurath@wth- law.com, Application For Water Storage Right And Surface Water Right. First Claim for Relief (Water Storage Right); Name: OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 7
Baldwin Pond; Legal: Located in the SE1/4NW1/4, Sec. 28, T., 10 S., R. 95 W, 6th P.M. at a point approx.. 2,119 ft S of the N section line and 2,211 ft E of the W section line of said section. Source: Cottonwood Creek, tributary to Plateau Creek, tributary to the Colorado River; Off-channel reservoir: Baldwin Pond is an off-channel reservoir filled by diversions from Cottonwood Creek at the Mormon Mesa Ditch (Structure ID 799) headgate under the Baldwin Pond Diversion right (described in the Second Claim for Relief.); Mormon Mesa Ditch point of diversion was originally decreed as being located on the right bank of Cottonwood Creek at a point in Sec. 33, T.10.S.,R.95 W., 6th P.M. whence an aspen tree 6 inches in diameter bears south 48deg east 34 feet. (CA073, District Court, Mesa County.); In Case No. 09CW138, District Court, Water Division No. 5, the location of the Mormon Mesa Ditch point of diversion was purportedly changed to its actual location and was described as being located in the SW1/4NW1/4 of Sec. 3, T. 11 N., R. 95 W., 6th PM 3,252 feet from the South Section line and 3,969 feet from the East Section line of Sec. 3, T. 11 N., R. 95 W., 6th PM; However, for reasons unknown to the Applicants, the description decreed in Case No. 09CW138 is also incorrect. The Division of Water Resource’s Aquamap service, and comparison to a USGS topographical map, show that the Mormon Mesa Ditch point of diversion is actually located in the NW1/4 NW1/4, Sec. 3 T., 11 S., R. 95 W, 6th P.M. at a point approx.. 1,162 ft S of the N section line and 1,175 ft E of the W section line of said section as is shown in Exhibit 2; decreed capacity of the Mormon Mesa Ditch is 36 c.f.s. A letter from the Mormon Mesa Ditch Company granting the Applicants permission to use the Mormon Mesa Ditch to convey water to the pond is attached to the Application; from the Mormon Mesa Ditch, the water is turned into the Mormon Mesa Ditch Lateral (capacity approx.. 6.0 c.f.s.) and from there turned into a small inlet ditch (capacity 0.5 c.f.s.) to the pond; Appropriation: October 19, 2010; How Appropriation Was Initiated: Design and construction of pond together with the formation of the intent to appropriate water as described herein and other acts in furtherance of the appropriation; Date Water Applied to Beneficial Use: June 3, 2011 when the Baldwin Pond was filled and there were no calls on Cottonwood Creek. See Division of Water Resources Call Chronology for Cottonwood Creek, Exhibit 5; Amount: 1.62 acre-feet, with a rate of filling of 0.5 c.f.s., together with the right to fill and refill the pond when water is available in priority. This amount is claimed absolute for the uses of recreation, aesthetics, fire protection and wildlife watering and conditional for the uses of irrigation and piscatorial; Uses: Recreational, aesthetics, fire protection and wildlife watering, absolute; irrigation, and piscatorial, conditional. Water stored in Baldwin Pond will be used to irrigate a combination of grasses, trees, and shrubs on the 5.7 acres located in the SE1/4NW1/4 and SW1/4NE1/4 of Section 28, Township 10 South, Range 95 West, 6th P.M. as is shown on Exhibit 1; Dam and Reservoir Information: Surface area of high water line: 0.25 acres; Maximum height of dam: No dam; pond excavated below existing grade; Length of dam: No dam; pond excavated below existing grade; Total capacity: 1.62 acre-feet, all of which is dead storage. A capacity tableor Baldwin Pond is attached to the Application; Name and Address of Owners: Applicants. Second Claim for Relief (Surface Water Right): Structure: Baldwin Pond Diversion; Legal: Diversions for the Baldwin Pond Diversion will be made at the existing headgate for the Mormon Mesa Ditch (Structure ID 799.), Mormon MesaDitch point of diversion was originally decreed as being located on the right bank of Cottonwood Creek at a point in Sec. 33, T.10.S.,R.95 W., 6th P.M. whence an aspen tree 6 inches in diameter bears south 48deg east 34 feet. (CA073, District Court, Mesa County.); In Case No. 09CW138, District Court, Water Division No. 5, the location of the Mormon Mesa Ditch point of diversion was purportedly changed to its actual location and was described as being located in the SW1/4NW1/4 of Sec. 3, T. 11 N., R. 95 W., 6th PM 3,252 feet from the South Section line and 3,969 feet from the East Section line of Sec. 3, T. 11 N., R. 95 W., 6th PM.; However, for reasons unknown to the Applicants, the description decreed in Case No. 09CW138 is also incorrect. The Division of Water Resource’s Aquamap service and comparison to a USGS topographical map, the Mormon Mesa Ditch point of diversion is actually located in the NW1/4 NW1/4 of Section 3 Township 11 South, Range 95 West, of the 6th P.M. at a point approximately 1,162 feet south of the North section line and 1,175 feet east of the West section line of said section as is shown in Exhibit 2. A letter from the Mormon Mesa Ditch Company granting the Applicants permission to use the Mormon Mesa Ditch to convey water to the pond is attached to the Application; Source: Cottonwood Creek, tributary to Plateau Creek, tributary to the Colorado River.; Appropriation: Date: October 19, 2010, How Initiated: Design and construction of pond together with the formation of the intent to appropriate water as described in the application and other acts in furtherance of the appropriation; Applied to Beneficial Use: June 3, 2011 when the Baldwin Pond was filled and there were no calls on Cottonwood Creek; Amount: 0.5 c.f.s. This amount is claimed absolute for the uses of recreation, aesthetics, fire protection and wildlife watering and conditional for the uses of irrigation and piscatorial; Uses: To fill and refill Baldwin Pond for the subsequent uses of recreation, aesthetics, fire protection and wildlife watering, conditional, and irrigation, piscatorial, absolute. The water will be used to irrigate a combination of grasses, trees, and shrubs on the 5.7 acres located in the SE1/4NW1/4 and SW1/4NE1/4 of Section 28, Township 10 South, Range 95 West, 6th P.M.; Name and Address of Owners: The existing headgate for the Mormon Mesa Ditch (Structure ID 799) which is used to make diversions for the Baldwin Pond Diversion is located on land owned by the U.S. Forest Service, 2777 Crossroads Blvd., Grand Junction, CO, 81506. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 8
8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW142 (01CW15, 93CW103). IN EAGLE COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR AND TO MAKE ABSOLUTE WATER RIGHTS OF UPPER EAGLE REGIONAL WATER AUTHORITY. In the Eagle River and its tributaries, DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO. Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. 1. Name, address and telephone number of applicant: Upper Eagle Regional Water Authority, c/o Manager, 846 Forest Road, Vail, Colorado 81657, (970) 476-7480. Direct all pleadings to: Glenn E. Porzak, Kevin J. Kinnear, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443- 6800. Name of structures: Arrowhead Metropolitan District and Smith Creek Metropolitan District: Reservoirs: Arrowhead Dam. Berry Creek Metropolitan District: Wells: June Creek Ranch Well #1; June Creek Ranch Well #2; June Creek Ranch Well #3; June Creek Ranch Well #4; June Creek Ranch Well #5; June Creek Ranch Well #6. Eagle-Vail Metropolitan District: Direct Flow: Eagle- Vail Municipal Water System. Edwards Metropolitan District: Wells: Edwards Water District Well #2; Edwards Water District Well #3; South Forty Well. Direct Flow: Edwards Village Municipal Pipeline; Williams Ditch; Creamery Ditch, Homestead Enlargement. Reservoirs: Williams Reservoir; Edwards Village Pond No. 1; Edwards Village Pond No. 2; Edwards Village Pond No. 3; Edwards Village Pond No. 4; Edwards Village Pond No. 5; Homestead Reservoir. Town of Avon Direct Flow: H.A. Nottingham & Sons, Inc. Water Treatment & Storage Project; Avon Metropolitan Municipal Water System; Avon Metropolitan Municipal Water System First Enlargement. The foregoing water rights have been perpetually leased to the Authority, and the Authority is responsible for maintaining diligence on these water rights. 3. Description of water rights: A. Structure Name, Adjudication and Appropriation Dates, Amount, and Previous Cases: Arrowhead Metropolitan District and Smith Creek Metropolitan District
Structure Adjudication Appropriation Conditional Original Diligence Date Date Amount Case No. Case Nos.
Arrowhead Dam Dec. 31, 1979 Dec. 28, 1979 73 af of the 500 79CW360 88CW175 af conditional 93CW103 originally 01CW15 decreed thereto; 43 a.f. of the 73 a.f. was made absolute for irrigation only in 94CW104 Berry Creek Metropolitan District
Structure Adjudication Appropriation Conditional Original Diligence Date Date Amount Case No. Case Nos.
June Creek Ranch Dec. 31, 1978 Dec. 1, 1978 0.1114 cfs W-3999 88CW268 Well #1 93CW103 01CW15
June Creek Ranch Dec. 31, 1978 Dec. 1, 1978 0.2227 cfs W-3999 88CW268 Well #3 93CW103 01CW15
June Creek Ranch Dec. 31, 1978 Dec. 1, 1978 0.2227 cfs W-3999 88CW268 Well #4 93CW103 01CW15
June Creek Ranch Dec. 31, 1978 Dec. 1, 1978 0.2227 cfs W-3999 88CW268 Well #5 93CW103 01CW15
June Creek Ranch Dec. 31, 1978 Dec. 1, 1978 0.379 cfs of the W-3999 88CW268 Well #6 total 1.114 cfs 93CW103 01CW15 OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 9
Eagle-Vail Metropolitan District
Structure Adjudication Appropriation Conditional Original Diligence Date Date Amount Case No. Case Nos.
Eagle-Vail Dec. 31, 1976 Aug. 20, 1972 2.332 cfs W-3289 88CW375 Municipal Water 93CW103 System 01CW15 Edwards Metropolitan District
Structure Adjudication Appropriation Conditional Original Diligence Date Date Amount Case No. Case Nos.
Edwards Water Dec. 31, 1981 June 11, 1981 0.13 cfs of the 81CW161 88CW176 District Well #2 total of 0.44 cfs 93CW103 01CW15
Edwards Water Dec. 31, 1981 June 11, 1981 0.44 cfs 81CW161 88CW176 District Well #3 93CW103 01CW15
Edwards Village Dec. 31, 1981 Feb. 10, 1981 0.686 cfs of the 80CW550 & 88CW176 Municipal Pipeline total of 0.88 cfs 81CW61 93CW103 01CW15
Williams Dec. 31, 1976 June 15, 1976 8.0 af W-3135 88CW176 Reservoir 93CW103 01CW15
Edwards Village Dec. 31, 1981 Feb. 10, 1981 2.4 af 80CW550 & 88CW176 Pond No. 1 81CW61 93CW103 01CW15
Edwards Village Dec. 31, 1981 Feb. 10, 1981 1.7 af 80CW550 & 88CW176 Pond No. 2 81CW61 93CW103 01CW15
Edwards Village Dec. 31, 1981 Feb. 10, 1981 0.7 af 80CW550 & 88CW176 Pond No. 3 81CW61 93CW103 01CW15
Edwards Village Dec. 31, 1981 Feb. 10, 1981 0.7 af 80CW550 & 88CW176 Pond No. 4 81CW61 93CW103 01CW15
Edwards Village Dec. 31, 1981 Feb. 10, 1981 0.5 af 80CW550 & 88CW176 Pond No. 5 81CW61 93CW103 01CW15
Homestead Dec. 31, 1981 Dec. 31, 1979 20.0 af 81CW266 88CW176 Reservoir 93CW103 01CW15
Williams Ditch Dec. 31, 1976 Apr. 15, 1968 0.5 cfs W-3134 89CW69 93CW103 01CW15
Creamery Ditch, Dec. 31, 1981 Dec. 31, 1979 5.0 cfs 81CW265 89CW215 Homestead 93CW103 Enlargement 01CW15 OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 10
Town of Avon
Structure Adjudication Appropriation Conditional Original Diligence Date Date Amount Case No. Case Nos.
H.A. Nottingham Dec. 31, 1971 Apr. 17, 1971 3.0 cfs W-327 92CW76 & Sons, Inc. Water 93CW103 Treatment & 01CW15 Storage Project
Avon Metropolitan Dec. 31, 1977 Aug. 31, 1974 1.0 cfs W-3666 90CW186 Municipal Water 93CW103 System 01CW15
Avon Metropolitan Dec. 31, 1984 Mar. 4, 1980 5.0 cfs 84CW225 84CW225 Municipal Water 93CW103 System First 01CW15 Enlargement B. Legal Description: The decreed points and alternate points of diversion are: Arrowhead Metropolitan District and Smith Creek Metropolitan District: Arrowhead Dam. The east abutment of the dam is located on McCoy Creek at a point whence the NW Corner of Section 10, T. 5 S., R. 82 W. of the 6th P.M. bears N. 4052' W. 3438 feet. In Case No. 86CW002, alternate points of storage were decreed to the Arrowhead Dam at the following: 3rd Green Pond: located at a point whence the NE corner of Sec 9, T. 5 S., R. 82 W. of the 6th P.M. bears N 37 06’ 09.1” E. 855.44 feet; 4th Green Pond: located at a point whence the NE corner of Sec 9, T. 5 S., R. 82 W. of the 6th P.M. bears N 11 17’ 14.5” E. 1,018.36 feet; 5th Green Pond: located at a point whence the NE corner of Sec 9, T. 5 S., R. 82 W. of the 6th P.M. bears N 65 15’ 12.3” E. 1,329.21 feet; 8th Green Pond: located at a point whence the NE corner of Sec 10, T. 5 S., R. 82 W. of the 6th P.M. bears N 82 46’ 19.2” E. 3,464.41 feet; 17th Green Pond: located at a point whence the NE corner of Sec 10, T. 5 S., R. 82 W. of the 6th P.M. bears N 80 41’ 31.1” E. 3,045.54 feet; The Smith Creek Metropolitan District owns 14 af of the Arrowhead Dam and the Arrowhead Metropolitan District owns 59 af of the Arrowhead Dam. The Smith Creek Metropolitan District receives water service from the Authority by contract. Berry Creek Metropolitan District: June Creek Ranch Well #1. Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 2455'55" W. 2040.12 feet. June Creek Ranch Well #2. Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 0708'00" W. 3092.28 feet. June Creek Ranch Well #3. Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 2004'18" W. 2629.43 feet. June Creek Ranch Well #4. Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 0032'17" W. 2530.24 feet. June Creek Ranch Well #5. Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 2428'27" E. 4719.01 feet. June Creek Ranch Well #6. Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 0929'46" W. 3692.17 feet. By decree in Case No. 85CW613, the Metcalf Headgate and the Raw Water Booster Pump headgate were decreed as alternate points of diversion for June Creek Ranch Well Nos. 1-6. The Metcalf Headgate is located at a point from which the SE corner of the SW1/4, Sec. 7, T. 5 S., R. 81 W. of the 6th P.M. bears S 53 00’ 40" E. 1446 feet. The Raw Water Booster Pump headgate is located at a point from which the SW corner of the NW1/4 of Sec. 12, T. 5 S., R. 82 W. of the 6th P.M. bears S. 18 01' 34" W. 1551.13 feet. By virtue of the decree in Case No. 84CW233, each of the June Creek Ranch Wells is decreed as an alternate point of diversion for the entire amount decreed to all of the June Creek Ranch Wells. Eagle-Vail Metropolitan District. Eagle-Vail Municipal Water System. The headgate is located on Stone Creek whence the NW Corner of Section 17, T. 5 S., R. 81 W. of the 6th P.M. bears N. 3858'22" W. 3996.53 feet. An alternate headgate is located on the West bank of the Eagle River, whence the SE corner of Section 16, T. 5 S., R. 81 W. of the 6th P.M. bears N. 570' E. 585 feet. By decree in Case No. 85CW611, the Metcalf Headgate and the Raw Water Booster Pump headgate, described above, were decreed as additional alternate points of diversion. Edwards Metropolitan District. Edwards Water District Well No. 2. A point in the SE Quarter of the SW Quarter, Section 4, T. 5 S., R. 82 W. of the 6th P.M., 750 feet North of the South Section line and 2100 feet East of the West Section line. Edwards Water District Well No. 3. A point in the NE Quarter of the SE Quarter, Section 5, T. 5 S., R. 82 W. of the 6th P.M., 2600 feet North of the South Section line and 1300 feet West of the East Section line. Edwards Village Municipal Diversion Pipeline. At a point whence the NE Corner of Section 6, T. 5 S., R. 82 W. of the 6th P.M. bears N. 1348' E. a distance of 2400 feet. Williams Reservoir. The NE Corner of the dam embankment is located at a point whence the SW Corner of Section 4, T. 5 S., R. 82 W. of the 6th P.M. bears S. 0500' E. a distance of 1450 feet. Edwards Village Pond No. 1. The East abutment of this dam is to be located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 4744' E. a distance of 3470 feet. Edwards Village Pond No. 2. The East abutment of this dam is to be located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 517' E. a distance of 3160 feet. Edwards Village Pond No. 3. The East abutment of this dam is to be located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 5356' E. a distance of 3730 feet. Edwards Village Pond No. 4. The East abutment of this dam is to be located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 11 bears S. 516' E. a distance of 3850 feet. Edwards Village Pond No. 5. The East abutment of this dam is to be located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 4931' E. a distance of 3960 feet. Homestead Reservoir. The East abutment of the dam is located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 7506' E. 1860 feet. Williams Ditch. The point of diversion is located on the left bank of the Eagle River at a point whence the SW Corner of Section 4, T. 5 S., R. 82 W. of the 6th P.M. bears S. 1600' W. 1550 feet. Creamery Ditch, Homestead Enlargement. The point of diversion is located on the right bank of the East Lake Creek at a point whence the SW Corner of Section 8, T. 5 S., R. 82 W. of the 6th P.M. bears N. 3006' E. 3576 feet. By decree in Case No. 85CW610, the Metcalf Headgate and the Raw Water Booster Pump headgate, described above, were decreed as alternate points of diversion for the Edwards Village Well Nos. 1-6, the Edwards Water District Well Nos. 2 and 3, the Peterson Spring, the South Forty Well, and the Edwards Municipal Diversion Pipeline. Town of Avon H.A. Nottingham & Sons, Inc. Water Treatment & Storage Project. The point of diversion is located on Beaver Creek at a point which bears S. 0150' E. 3970 feet from the center of Section 12, T. 5 S., R. 82 W. of the 6th P.M. Avon Metropolitan Water System and First Enlargement. The decreed point of diversion of the Avon Metropolitan Water System and the Avon Metropolitan Water System First Enlargement water rights is Benchmark Lake (aka Nottingham Lake), with the point of beginning of the survey of the high water line being located in the NW1/4 NW1/4 of Section 12, T. 5 S., R. 82 W. of the 6th P.M. at a point whence the NW corner of said Section 12 bears N. 4433'46" W. 45.77 feet. Alternate points of diversion for the Avon Metropolitan Municipal Water System and Avon Metropolitan Municipal Water System First Enlargement include: (a) UERWA Well A, aka Well A 25024F: NW1/4 NE1/4 Section 11, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE Corner of Section 11 bears N. 74 E. 1720 feet. (b) UERWA Well B, aka Well B 38161: NW1/4 NE1/4 Section 11, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE Corner of Sec. 11 bears N. 67 E. 2680 feet. (c) UERWA Well C, aka Well C 10712-F: SE1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the NW Corner of Sec. 12 bears N. 4430' W. 3360 feet. (d) UERWA Well D, aka Well D 34290: SE1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the NW Corner of Sec. 12 bears N. 51 W. 3320 feet. (e) UERWA Well E: NW1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the NW Corner of Sec. 12 bears N. 2530' W. 1280 feet. (f) UERWA Well F: NE1/4 NW1/4 Section 11, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE Corner of Sec. 11 bears N. 7730' E. 3040 feet. (g) UERWA Well G: NE1/4 NW1/4 Section 11, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE Corner of Sec. 11 bears N. 77 E. 3440 feet. (h)b UERWA Well H: NE1/4 NW1/4 Section 11, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE Corner of Sec. 11 bears N. 7530' E. 2880 feet. (i) UERWA Well I: SW1/4 NE1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the center of Sec. 12 bears S. 34 W. 520 feet. (j) Froemming Spring: SE1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the center of Sec. 12 bears S. 4523' E. 1139.46 feet. (k) UERWA Spring, aka Surface Diversion: NW1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the NW Corner of Sec. 12 bears N. 2530' W. 1280 feet. By decree entered in Case No. 85CW612, the Avon Metropolitan Water System and Avon Metropolitan Water System First Enlargement water rights can be alternately diverted at the Metcalf Headgate and Raw Water Booster Pump headgate, described above. By virtue of the decree entered in Case No. 00CW83, the Edwards Drinking Water Facility was decreed as an alternate point of diversion for June Creek Ranch Wells #1 - #6; Eagle-Vail Municipal Water System; Edwards Water District Well #2 & #3; South Forty Well; Edwards Village Municipal Pipeline; Williams Ditch; Avon Metropolitan Municipal Water System; and Avon Metropolitan Municipal Water System First Enlargement. The Edwards Drinking Water Facility is located in the NW1/4 SW1/4 of Section 4, T. 5 S., R. 82 W., 6th P.M., on the northerly bank of the Eagle River at a point 1,393 feet from the south section line and 654 feet from the west section line. C. Uses: Irrigation, municipal, domestic, fire protection, recreation, aesthetic, commercial, industrial, fish and wildlife propagation, storage, livestock watering, piscatorial, mechanical, manufacturing, sewage treatment, street sprinkling, water of parks, lawns and grounds, generation of power, power generally and other beneficial uses. 4. Detailed outline of work done to complete the project and apply water to beneficial use: The Authority and its members operate an integrated water system, i.e., a single, unified municipal water system in which work done on any component of the system advances the whole. The Authority and its members have incurred expenditures of over $16,964,904 during the diligence period to operate, protect, maintain, upgrade, and expand its water facilities, and to obtain water rights to augment the subject conditional water rights. During this diligence period, the Authority has constructed several water diversion structures, including the Berry Creek Well 3, a.k.a. June Creek Ranch Well No. 4 and test wells for the UERWA Diversion Point A, and it has completed additional engineering studies for UERWA Diversion Point A. With respect to the subject water rights specifically, the Authority constructed June Creek Ranch Well No. 4, and it repaired June Creek Ranch Well Nos. 2 and 6. The Authority also defended its water rights at significant cost and expenditure of time in Case No. 08CW145, a declaratory judgment action initiated by the State and Division Engineers and Colorado Water Conservation Board to interpret the scope of the decree in Case No. 00CW83, in which several of the subject water rights were at issue. In addition, the subject water rights, either directly or as an alternate point of diversion, have been the subject of numerous Water Court cases adjudicated by the Authority during the diligence period, including: Case No. 02CW403 (supplemental plan for augmentation using 33.08 consumptive acre-feet of senior irrigation rights and 26 acre feet of Eagle Park Reservoir water to augment out of priority depletions); Case No. 03CW78 (supplemental plan for augmentation using 10.8 a.f. of Wolford Mountain Reservoir water to augment out of priority depletions); Case Nos. 04CW236, 05CW23, 05CW236, 06CW199, 06CW248, 07CW83, 09CW17, 10CW182, and 10CW233 (diligence and/or making absolute other water rights that form a part of the Authority’s integrated municipal system); Case No. 09CW160 (changing 223.346 consumptive acre feet of senior irrigation rights to be used directly for irrigation as diverted through the Authority’s various points of OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 12 diversion, or as an additional source of augmentation water to augment out of priority depletions associated with certain water rights that are the subject of this case, among others); Case No. 09CW192 (supplemental plan for augmentation using 500 a.f. of Wolford Mountain Reservoir water to augment out of priority depletions associated with various water rights, including some of the water rights that are the subject of this case); Case No. 11CW92 (supplemental plan for augmentation using 200 a.f. of Wolford Mountain Reservoir water, 125 a.f. of Homestake Reservoir water, and 20 a.f. of Eagle Park Reservoir water to augment out of priority depletions associated with various water rights, including some of the water rights that are the subject of this case). The Authority also has protected the subject water right by filing numerous statements of opposition. The Authority has spent considerable time and money during the diligence period on legal and engineering fees associated with all of the foregoing Water Court proceedings. All of the above activities are necessary prerequisites to applying the subject conditional water rights to the beneficial uses for which they are decreed. A map depicting the Authority’s service area, which is the location of use of the subject water rights, is attached as Exhibit A hereto. 5. Claim for Making Absolute Certain Water Rights: a. Edwards Village Municipal Pipeline: On July 20, 2008, the Authority diverted 0.742 cfs under this water right at its alternate points of diversion, the Metcalf Headgate and Raw Water Booster Pump. This water was treated at the Avon Water Plant and delivered to the Authority’s service area for all decreed uses. Because 0.194 of this water right was previously made absolute, an additional 0.548 cfs should be made absolute, so that a total of 0.742 cfs of the 0.88 cfs should be decreed as absolute. b. June Creek Ranch Wells: On June 20, 2007, the Authority diverted a total of 2.684 cfs and delivered said water for all decreed uses to the Berry Creek Metropolitan District. Diversions occurred at four structures: the June Creek Ranch Well Nos. 2 and 6, the Metcalf Headgate, and the Edwards Drinking Water Facility. As described in paragraph 3(B) above, each of the June Creek Ranch Wells, the Metcalf Headgate, and the Edwards Drinking Water Facility are alternate points of diversion for the entire amount decreed to the June Creek Ranch Wells. Previously, 1.849 cfs of the June Creek Ranch Well water rights were made absolute (the entire 1.114 cfs of the June Creek Ranch Well No. 2 water right and 0.735 cfs out of a total of 1.114 cfs of the June Creek Ranch Well No. 6 water right). The remaining 0.835 cfs of the 2.684 cfs diverted on June 20, 2007 was allocated to the conditional June Creek Ranch Well water rights as follows: 0.379 cfs to the June Creek Ranch Well No. 6, making the entire June Creek Ranch Well No. 6 water right absolute; 0.1114 cfs to the June Creek Ranch Well No. 1, making this water right absolute in its entirety; 0.2227 cfs to the June Creek Ranch Well No. 3, making this water right absolute in its entirety; and 0.1219 cfs to the June Creek Ranch Well No. 4, making absolute 0.1219 cfs out of the 0.2227 cfs decreed to this water right. As a result of the foregoing, all of the June Creek Ranch Well water rights should be decreed as absolute, except for 0.1008 cfs of the June Creek Ranch Well No. 4 water right, and the entire 0.2227 cfs decreed to June Creek Ranch Well No. 5, which should remain conditional. c. Williams Ditch: On June 17 through August 10, 2008, the Authority diverted the entire 0.5 cfs of the Williams Ditch water right by virtue of combined diversions at its alternate points of diversion, the Edwards Drinking Water Facility, the Metcalf Headgate, and the Raw Water Booster Pump. As a result, the entire 0.5 cfs Williams Ditch water right should be made absolute. 6. Ownership: The owners of the land upon which the diversion structures associated with the subject water rights are located are included on the attached Exhibit B. WHEREFORE, the Upper Eagle Regional Water Authority seeks a finding that it has made absolute the water rights described in paragraph 5 above, and a finding that it has exercised reasonable diligence with respect to the water rights identified in paragraphs 2 and 3 above and any water rights described in paragraph 5 above that are not made absolute, and such other and further relief as this Court deems just and proper. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW143 APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE, Concerning the Application for Water Rights of: COLORADO WATER CONSERVATION BOARD, IN LITTLE GREEN CREEK, A NATURAL STREAM, IN THE COLORADO HEADWATERS WATERSHED, IN GRAND & ROUTT COUNTIES, COLORADO. 1. Name of Applicant: Colorado Water Conservation Board, Address of Applicant: 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. C/O Scott Steinbrecher, Assistant Attorney General, 1525 Sherman Street, Denver, CO 80203, (303) 866-5017. 2. Name of natural stream: Little Green Creek tributary to Muddy Creek tributary to the Colorado River. 3. Location: The natural stream channel from the headwaters extending to the confluence with Muddy Creek, being a distance of approximately 4.39 miles. This segment can be located on the Lake Agnes and Walton Peak U.S.G.S. quadrangles. a.Upper Terminus = Headwaters in the Vicinity of: PLSS: SW SE Section 15, Township 4 North, Range 83 West of the 6th PM, 2300’ West of the East Section Line, 5’ North of the South Section Line,UTM: Northing: 4463743.43 Easting: 357383.14 (NAD 1983 Zone 13 North), Lat/Long: latitude 40° 18’ 43.35”N and longitude 106° 40’ 42.24”W. b. Lower Terminus = Confluence with Muddy Creek at:PLSS: SE NW Section 17, Township 4 North, Range 82 West of the 6th PM, 1571’ East of the West Section Line, 2144’ South of OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 13 the North Section Line, UTM: Northing: 4463596.60 Easting: 363389.97 (NAD 1983 Zone 13 North) Lat/Long: latitude 40° 18’ 42.21”N and longitude 106° 36’ 27.73”W. The Public Land Survey System (PLSS) location in this decree was derived using 2005 PLSS data from the U.S. Bureau of Land Management’s Geographic Coordinate Database. Termini locations derived using CWCB’s GIS system. 4. Date of initiation of appropriation: Appropriation and beneficial use occurred on January 25, 2011 by the action of the CWCB under the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. 5. Amount of water claimed: Instream flow of 1.25 cfs (April 1 – July 31), 0.5 cfs (August 1 – October 31), and 0.3 cfs (November 1 – March 31), absolute. 6. Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 18, 2011, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. 7. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW144 APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE, Concerning the Application for Water Rights of: COLORADO WATER CONSERVATION BOARD, IN UNNAMED TRIBUTARY TO MUDDY CREEK, A NATURAL STREAM, IN THE COLORADO HEADWATERS WATERSHED, IN GRAND & ROUTT COUNTIES, COLORADO. 1. Name of Applicant: Colorado Water Conservation Board, Address of Applicant: 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. C/O Scott Steinbrecher, Assistant Attorney General, 1525 Sherman Street, Denver, CO 80203, (303) 866-5017. 2. Name of natural stream: Unnamed tributary to Muddy Creek tributary to the Colorado River. 3. Location: The natural stream channel from the headwaters extending to the confluence with Muddy Creek, being a distance of approximately 1.88 miles. This segment can be located on the Lake Agnes and Walton Peak U.S.G.S. quadrangles. a. Upper Terminus = Headwaters in the Vicinity of PLSS: SW SW Section 12, Township 4 North, Range 83 West of the 6th PM, 924’ East of the West Section Line, 488’ North of the South Section Line, UTM: Northing: 4465463.59 Easting: 360014.95 (NAD 1983 Zone 13 North) Lat/Long: latitude 40° 19’ 40.72”N and longitude 106° 38’ 52.14”W. b. Lower Terminus = Confluence with Muddy Creek at PLSS: NE NE Section 7, Township 4 North, Range 82 West of the 6th PM, 948’ East of the West Section Line, 511’ South of the North Section Line, UTM: Northing: 4465716.61 Easting: 362657.98 (NAD 1983 Zone 13 North) Lat/Long: latitude 40° 18’ 42.21”N and longitude 106° 36’ 27.73”W. The Public Land Survey System (PLSS) location in this decree was derived using 2005 PLSS data from the U.S. Bureau of Land Management’s Geographic Coordinate Database. Termini locations derived using CWCB’s GIS system. 4. Date of initiation of appropriation: Appropriation and beneficial use occurred on January 25, 2011 by the action of the CWCB under the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. 5. Amount of water claimed: Instream flow of 1.25 cfs (April 15 – June 30), 0.4 cfs (July 1 –August 15), 0.2 cfs (August 16 – October 31), 0.3 cfs (November 1 – March 31) and 0.4 cfs (April 1 – April 14), absolute. 6. Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 18, 2011, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. 7. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 14
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW145 PITKIN COUNTY. ALLUVIUM OF ROARING FORK RIVER. W/J Metropolitan District, c/o Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq. and Laura C. Makar, Esq., 730 E. Durant Ave, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART. Name of structure: Jaffee Well No. 6. Type: Well. Well permit no.: 64276-F. Describe conditional water right: Date of original decree: October 24, 2005. Case No.: 01CW151. Court: District Court, Water Division No. 5. Legal description: Jaffee Well No. 6 is located in the NE ¼, SE ¼, Section 21, Township 9 South, Range 85 West, 6th P.M., Pitkin County, at a point 2,620 feet from the south section line and 720 feet from the east section line. Source: Alluvium of the Roaring Fork River. Appropriation date: February 16, 2001. Amount: 200 g.p.m., conditional. The annual amount of water to be withdrawn from Jaffee Well No. 6 is 15.689 acre-feet. Depth: 48 feet. Use: Irrigation of up to 2.1 acres of lawns and gardens, water storage, recreation, aesthetic, swimming pool, greenhouse and fire protection. A detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures was included in the Application. Claim to make absolute: Date water applied to beneficial use, amount and uses to be made absolute: Date: July 30, 2007. Amount: 124 g.p.m. Uses: Irrigation of up to 2.1 acres of lawns and gardens, water storage, recreation, aesthetic, swimming pool, greenhouse and fire protection. Description of place of use where water is applied to beneficial use: Within the boundaries of the W/J Metropolitan District in Sections 21 and 22, Township 9 South, Range 85 West of the 6th P.M. 2.1 acres are irrigated under Jaffee Well No. 6. Claim for finding of reasonable diligence: Amount and uses to remain conditional: Amount: 76 g.p.m. Uses: Irrigation of up to 2.1 acres of lawns and gardens, water storage, recreation, aesthetic, swimming pool, greenhouse and fire protection. Applicant requests that in the event the Court does not confirm Applicant’s claim to make absolute, the Court in the alternative confirm a finding of reasonable diligence for any amounts and uses remaining conditionally decreed to the Jaffee Well No. 6. The name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing or diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: Pitkin County, 530 E. Main Street #302, Aspen, CO 81611. The water will be applied to beneficial use within the boundaries of the W/J Metropolitan District. The Applicant has an easement for the well location granted by Pitkin County. Remarks or any other pertinent information: Jaffee Well No. 6 is connected with Jaffee Well Nos. 1-5 in an integrated water supply system serving applicant’s property. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW146 PITKIN COUNTY. Applicant: White Star Ranches Homeowners’ Association, c/o Rhonda J. Bazil, Rhonda J. Bazil, P.C., 230 E. Hopkins Ave., Aspen, CO 81611 (970) 925-7171. Drainage basin: Roaring Fork, tributary to the Colorado River. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE. Structure: W/J Pond Nos. 1 through 6. Location: W/J Pond No. 1: The dam outlet is situate in the NE1/4, SW1/4 Section 22 Township 9 South, Range 85 West of the 6th P.M. 3330 feet south of the north section line and 1630 feet east of the west section line. W/J Pond No. 2: The dam outlet is situate in the SW1/4, NW1/4 Section 22 Township 9 South, Range 85 West of the 6th P.M. 2480 feet south of the north section line and 1280 feet east of the west section line. W/J Pond No. 3: The dam outlet is situate in the NW1/4, SW1/4 Section 22 Township 9 South, Range 85 West of the 6th P.M. 2700 feet south of the north section line and 1170 feet east of the west section line. W/J Pond No. 4: The dam outlet is situate in the SW1/4, NW1/4 Section 22 Township 9 South, Range 85 West of the 6th P.M. 2560 feet south of the north section line and 1020 feet east of the west section line. W/J Pond No. 5: The dam outlet is situate in the SW1/4, NW1/4 Section 22 Township 9 South, Range 85 West of the 6th P.M. 2340 feet south of the north section line and 890 feet east of the west section line. W/J Pond No. 6: The dam outlet is situate in the SW1/4, NW1/4 Section 22 Township 9 South, Range 85 West of the 6th P.M. 2250 feet south of the north section line and 1120 feet east of the west section line. Type of use: irrigation, piscatorial and stock OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 15 watering purposes. Type of structure: storage. Quantity: 2.86 a.f. Appropriation date: February 16, 2001. If claim to make absolute: Name of structure: W/J Pond No. 6. Amount: 0.009 acre-feet. Uses: irrigation of 0.125 acres of lawn and garden irrigation. The application contains a detailed description of the activities performed during the diligence period. (21 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 07CW211 (01CW153) FIRST AMENDMENT TO APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND FOR CHANGE OF WATER RIGHT. IN SUMMIT COUNTY, COLORADO. Applicant: Board of County Commissioners of Summit County (“Summit County”) c/o Charles B. White, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, Phone: (303) 825-1980. Summit County submits this first amendment to the application for finding of reasonable diligence and for change of water right that was filed in this matter on November 30, 2007. 1. The Application in this case seeks a change of the following conditional water rights: A. Decrees: The Blumenhein Well Nos. 1 and 2 were originally adjudicated by the decree entered on March 17, 1973 in Case No. W-1204, District Court, Water Division No. 5. B. Locations: i. The decreed location of Blumenhein Well No. 1 is in the SE1/4 SW1/4 of Section 35, Township 5 South, Range 78 West of the 6th P.M. at a point 2,000 feet east of the west line and 1,000 feet north of the south line of said Section 35. ii. The decreed location of Blumenhein Well No. 2 is in the NW1/4 SE1/4 of Section 35, Township 5 South, Range 78 West of the 6th P.M., at a point 3,000 feet east of the west line and 1,500 feet north of the south line of said Section 35. C. Source: Groundwater tributary to the Blue River. D. Appropriation date: June 26, 1972. E. Amount: 0.50 c.f.s. each, conditional. Use: Domestic, mechanical, municipal, industrial, and irrigation. 2. Paragraphs 7 and 8 of the Application are amended in their entirety as follows: 7. Proposed change: Summit County requests approval of a change of the points of diversion for the conditional water rights decreed for the Blumenhein Well Nos. 1 and 2 to the locations of existing and future wells in the Bill’s Ranch Well Field, as described below. a. Location: The Bill’s Ranch Well Field consists of all lots within the Bills Ranch subdivisions, as described in the following plat(s) recorded in the real property records of Summit County, Colorado: Reception Doc Number Recorded Type Pages Grantee Legal 195060 8/16/1979 PLT 1 Bills Ranch Resub Lt 1 BILLS RANCH RESUB L 1 SUB BILLS RANCH LTS 397665 12/21/1990 PLT 1 12 & 13 BILLS RANCH SUB, Lots 12-13 BILLS RANCH LT 400978 3/14/1991 PLT 1 132 BILLS RANCH SUB, Lot 132 BILLS RANCH BLK 485449 1/30/1995 PLT 2 4 BILLS RANCH SUB, Block 4 BILLS RANCH BLK 489524 4/17/1995 PLT 2 5 BILLS RANCH SUB, Block 5 BILLS RANCH 507944 1/23/1996 PLT 1 TRACTS 143-145 UNDEFINED BILLS RANCH LT 63 BILLS RANCH SUB; LOTS 537719 4/25/1997 PLT 1 75 76 77 78 79 83 63,75,76,77,78,79,83 BILLS RANCH BILLS RANCH RESUB LOTS 173 & RESUB LTS 173 & 174 561054 3/17/1998 PLT 1 174 BILLS RANCH BLK BILLS RANCH SUB, Block 6; LOTS 596979 6/1/1999 PLT 1 6 LTS 104,105,106A 104,105,106A BILLS RANCH LTS 600173 7/12/1999 PLT 1 169-171 BILLS RANCH SUB, Lots 169-171 BILLS RANCH BLK BILLS RANCH SUB, Block 6, Lots 601432 7/27/1999 PLT 1 6 LT 106-B 106-B BILLS RANCH BLK BILLS RANCH SUB, Block 7, Lots 605240 9/14/1999 PLT 1 7, LT 126-131 126-131 OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 16
BILLS RANCH 712076 3/3/2003 PLT 2 BLOCK 8 BILLS RANCH SUB, Block 8 BILLS RANCH LOT 824297 6/19/2006 PLT 1 64-66 BILLS RANCH SUB, Lots 64-66 BILLS RANCH LTS 61/62 LT BILLS RANCH SUB, Lot 61/62; LOT 837279 11/2/2006 PLT 1 ADJUSTMENT ADJUSTMENT BILLS RANCH RESUB LTS 104R BILLS RANCH RESUB LOTS 869747 10/3/2007 PLT 1 106BR 106CR 104R,106BR,106CR BILLS RANCH REPLAT OF TRACTS BILLS RANCH SUB; REPLAT OF 890484 6/18/2008 PLT 1 61R & 62R TRACTS 61R & 62R BILLS RANCH BLOCK 1 SEC 35 T5S BILLS RANCH SUB, Block 1; SEC 35 911610 4/22/2009 PLT 1 R78W 6TH PM T5S R78W 6TH PM BILLS RANCH LT 944584 8/12/2010 PLT 1 125 BLK 5 BILLS RANCH SUB, Block 5, Lot 125 BILLS RANCH BILLS RANCH SUB, Block 9; BILLS 958905 2/4/2011 PLT 3 WEST BLK 9 RANCH WEST The Well Field is generally located in the S1/2 of Section 35, Township 5 South, Range 78 West of the 6th P.M., and more particularly described as being located within portions of the SE ¼ of the SW ¼, Section 35 and the SW ¼, SE ¼, NE ¼ and NW ¼ of the SE 1/4, Section 35, and encompasses an area of approximately 96 acres, as depicted on Exhibit B, attached to the application and incorporated herein by this reference (and is available for inspection at the office of the Water Court or via LexisNexis CourtLink). The specific locations of such existing and additional wells shall be subsequently identified in accordance with the requirements of State Engineer’s Policy Memorandum 99-1, and new or amended well permits will be obtained to allow the wells to operate under the change of water rights requested herein. b. Source and depth: Groundwater tributary to Miners Creek and the Blue River. The wells to be included within the Well Field range in depths from approximately 30 feet to 350 feet. c. The wells located in the Well Field will be operated as alternate points of diversion for the Blumenhein Well Nos. 1 and 2, and will also be included as augmented structures in Summit County’s augmentation plan decreed in Case No. 95CW122, Water Division No. 5, on May 10, 2004, upon application of the owner of the land on which the well is beneficially used. d. The change of water right requested herein will not injure any other water rights, as diversions of the water rights decreed for the Blumenhein Well Nos. 1 and 2 at wells in the Well Field will not exceed the original contemplated draft of the conditional water rights sought to be changed. 8. 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: Not applicable. Summit County will not construct any wells or other diversion structures to implement a decree entered in this case. Well owners within the Well Field may elect to apply to the County for a contract that will allow them to operate their new or existing wells under this decree, the augmentation plan decree in Case No. 95CW122, and the County’s augmentation policy. The Blumenhein Well Nos. 1 and 2 will not be constructed. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW02 IN GARFIELD COUNTY, COLORADO. AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF M.R. LOOKOUT, LLC; J.D. LOOKOUT, LLC; FLYING FINGER LLC; AND CAROLINE APTS. CO. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Glenwood Springs, Colorado 81601. 1. Name and Address of Applicants: M.R. Lookout, LLC; J.D. Lookout, LLC; Flying Finger LLC; and Caroline Apts. Co. c/o Mr. Robert Danial, 5151 Collins Avenue, Suite 1727, Miami Beach, FL 33140. Direct all pleadings to: Kristin H. Moseley, William D. Wombacher, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. a. Background: Through this amendment, Applicants seek to correct the location of Lookout Mountain Ranch Pond No. 8 and Red Ditch Pump and Pipeline, First Enlargement. 2. Description of Water Rights to be Changed a. Lookout Mountain OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 17
Ranch Pond No. 8 i. Original Decree: Lookout Mountain Ranch Pond No. 8 was decreed by the District Court in and for Water Division No. 5 in Case No. 98CW300, dated May 19, 2004. ii. Decreed Location: The center of the dam for Pond No. 8 is located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 980 feet from the East Section line and 1890 feet from the South Section line. iii. Source: Red Canyon Creek, tributary to the Roaring Fork River, tributary to the Colorado River via diversions under the Red Ditch Pump and Pipeline First Enlargement. iv. Appropriation Date: December 31, 1998. v. Amount: 4.3 acre-feet, conditional. vi. Decreed Uses: irrigation, domestic, augmentation, storage, piscatorial and aesthetic. b. Red Ditch Pump and Pipeline, First Enlargement i. Original Decree: The Red Ditch Pump and Pipeline, First Enlargement was decreed by the District Court in and for Water Division No. 5 in Case No. 98CW300, dated May 19, 2004. ii. Decreed Location of Point of Diversion: NE 1/4 of the SE 1/4 of Section 24, T. 6 S., R. 87 W. of the 6th P.M. at a point 800 feet from the East Section line and 2500 feet from the South Section line. iii. Source: Red Canyon Creek, tributary to the Roaring Fork River and tributary to the Colorado River. iv. Appropriation Date: December 31, 1998. v. Amount: 3.0 c.f.s., conditional. vi. Decreed Uses: Domestic, augmentation, storage, irrigation, and fill and refill of the Lookout Mountain Ranch Pond Nos. 1-8. 4. Change in Legal Description of Water Rights: a. Lookout Mountain Ranch Pond No. 8: By this amended application, Applicants seek to correct the legal description of Lookout Mountain Ranch Pond No. 8 as follows: The center of the dam for Lookout Mountain Ranch Pond No. 8 is located in the SW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1,775 feet from the East Section line and 1,249 feet from the South Section line. b. Red Ditch Pump and Pipeline, First Enlargement: By this amended application, Applicants seek to correct the legal description of the Red Ditch Pump and Pipeline, First Enlargement as follows: The Red Ditch Pump and Pipeline, First Enlargement is located in the SE 1/4 of the NE 1/4 of Section 24, T. 6 S., R. 89 W. of the 6th P.M. at a point 1,103 feet from the East Section line and 2,677 feet from the South Section line. c. The attached map, Exhibit A, displays the locations of the aforementioned structures. 5. Ownership: Applicants own the land upon which the corrected location of Lookout Mountain Ranch Pond No. 8 is located. The Red Ditch Pump and Pipeline, First Enlargement is located on land owned by Wayne Rudd, 0132 Park Avenue, Basalt, CO 81621. WHEREFORE, Applicants request that the court enter a final decree that (i) approves the change of water rights as described in paragraph 4 above, and (ii) provides such other relief as may be appropriate and consistent with this application. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.