DIVISION 5 WATER COURT- JANUARY 2020 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW1 ROUTT COUNTY-UNNAMED SEEP OR SPRING TRIBRUTARY TO KING CREEK TRIBUTARY TO THE COLORADO RIVER. John D. Krueger Revocable Trust and Carol D. Krueger Revocable Trust; P.O. Box 630; Edwards, CO 81632. (970)471-1203. Krueger Spring-Application for Absolute Water Rights (Surface). Location: UTM: E341650.1 N4431034.5 Z13. NW¼NE¼ of Sec. 31, T.1N, R.84W. of the 6th P.M. 450 ft. from the south sec. line and 200 ft. from the west sec. line. Appropriation: June 20, 2017. Amount: 5.0 g.p.m., absolute. Uses: wildlife mitigation, domestic use, irrigation and agricultural. Legal description of irrigated acreage: 7 acres of irrigated land to include the northern most portion of the 40 acre parcel. The irrigated portion would include from the northern section line to 230 ft. south into the parcel across the length of the parcel east to west. Approximate width of parcel is 1,320 ft. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW2 GARFIELD COUNTY-CANYON CREEK TRIBUTARY TO THE COLORADO RIVER. Ross Jeffery; 3090 Grand View Ave.; Canon City, CO 81212. (719)242-2228. Ross Hydro Pipeline-Application for Conditional Water Rights (Surface). Location: UTM: E 13S 292462.68m N4388594.50M Z13. NW¼NW¼ of Sec. 18, T.5S, R.89W. of the 6th P.M. 550 ft. from north sec. line and 2,016 ft. from east sec. line. Appropriation: Nov. 27, 2012. Amount: 400 g.p.m. (1.0 c.f.s.), conditional. Uses: irrigation, domestic, hydro power. Legal description of irrigated acreage: 2 acres in the NE¼NE¼ of the Sec. 18, T.5S. R.89W. of the 6th P.M. Landowners of propery on which structure is located: Keyser Springs, LLC c/o Andrew Chaney; 151 N. Belle Terre St.; Wichita, KS 67230 and Ari Chaney; 1357 Ashford Ave., #3382; San Juan, Puerto Rico 00907. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3000 GRAND COUNTY. William C. Crane, Jr., Trust FBOI Elizabeth B. Griffin c/o Inverness Counsel, LLC Attn: Philip S. Lawrence, Trustee 845 Third Avenue, 8th Floor, New York, NY 10022; (212) 207-2122. Applicant is represented by Kent Whitmer, The Whitmer Law Firm, LLC, PO Box 38, Hot Sulphur Springs, CO 80451, (970) 725-3460. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure for Underground Water Rights: Crane Well No. 1. Source: Groundwater tributary to North Inlet, tributary to Grand Lake, tributary to the Colorado River. Well Location: Grand County, Colorado, NE1/4NW1/4, Section 4, Township 3 North, Range 75 West, 6th P.M. Distance from Section lines: 700 feet from North Section line and 1,616 feet from West Section line of said Section 4. Parcel A Cairns Ranch Outright Exemption, Reception No. 2003-003642, Grand County, Colorado. Street Address: 8 Tonahutu Dr., County Road 667, Grand Lake, CO 80447. Depth: 41 feet. Use: In-house domestic use for house, 19,600 square feet lawn and garden irrigation. Type of Structure: Well. Quantity: 15 gallons per minute (“g.p.m.”), conditional, annual diversion limited to 1.573 acre-feet, consumptive use 1.0 acre-feet. Appropriation Date: October 10, 2012. Decree: January 12, 2014, Case No. 13CW5, Water Court Division No. 5. Conditional Appropriative Right of Exchange: As part of its original decree, Applicant was also granted a conditional right of exchange in the amount of annual calculated depletions of 1.0 acre-feet, which represents a continuous flow rate of about 0.003 cubic feet per second (“c.f.s.”) with a maximum rate of exchange of 0.195 acre-foot per month. Exchange Reach: Upstream Terminus: Crane Well No. 1, which is located in Section 4, Township 3 North, Range 75 West of the 6th P.M., 700 feet from the North Section line and 1,616 feet from the West Section line (within 100 feet of North Inlet and alluvium). Downstream Terminus: Colorado River and Muddy Creek Confluence, which is located in Section 19, Township 1 North, Range 80 West of the 6th P.M., 81 feet from the North Section line and 1963 feet from the East Section line. Additional Information: The original decree at Case No. 13CW5 sets forth additional terms and conditions, including a plan for augmentation, that continue to be in effect for the water
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 2 rights of this application. The application and attached exhibits contain a detailed outline of the work performed during the diligence period (22 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3001 GARFIELD COUNTY. YARMONY CREEK, TRIB. TO THE COLORADO RIVER. Application to Correct Decreed Location of Water Rights. Applicant: Andrea J. Reiman, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application: Applicant requests to correct to the decreed location of the Bailey Mesa Ponds No. 1 & 2 (“Subject Water Rights”). Prior Decree Info.: The Subject Water Rights were orig. decreed in Case No. 03CW295, entered in District Court, Water Division 5 on 8/20/2007. A finding of reasonable diligence was entered on 1/24/2014 in Case No. 13CW3035, District Court, Water Division 5. Structure: Bailey Mesa Pond No. 1 Decreed legal description: NE1/4NE1/4 of Sec. 8, T. 2 S., R. 83 W. of the 6th P.M. at a pt. 825 ft. from the N. Line and 420 ft. from the E. Line of said Sec. 8. Source: Yarmony Creek, trib. to the Colorado River. Date of Approp.: 8/31/1997. Uses: Aesthetic, rec., fire prot. and pisc. Amt.: 1.68 a.f. absolute. If off-channel reservoir, rate of diversion for filling the reservoir: 1.0 c.f.s., via the Bailey Mesa Ditch First Enlargement. Surface area of high water line: 0.40 acre. The surface area considers 0.06 acre, which is attributable to appurtenant water features of the pond. Max. height of dam in ft.: 10 ft. Length of dam in ft.: 350 ft. Total capacity of reservoir in AF: 1.68 a.f. Active capacity: 1.68 a.f. Dead storage: 0.0 a.f. Corrected legal description: The outlet at the center of the dam is located in the NW1/4 NW1/4 of Sec. 9, T. 2 S., R. 83 W., 6th P. M., at a pt. 780 ft. from the N. Line and 140 ft. from the W. Line of said Sec. 9. See attached Exhibit A to Application. Structure: Bailey Mesa Pond No. 2. Decreed Legal Description: NE1/4 NE1/4 of Sec. 8, T. 2 S., R. 83 W., 6th P.M. at a pt. 625 ft. from the N. Line and 400 ft. from the E. Line of said Sec. 8. Source: Yarmony Creek, trib. to the Colorado River. The Bailey Mesa Pond No. 2 fills using the Bailey Mesa Ditch 1st Enlargement as decreed in Case No. 03CW295 at the rate of 1.0 c.f.s. Approp. Date: 10/31/2003. Amt: 6.0 AF, cond. Use: Aesthetic, rec. and pisc. Surface area of high water line: 0.80 acre. Max. height of dam: 10 ft. Length of dam: 450 ft. Capacity Active capacity: 6 AF Dead storage: 0.0 AF Corrected legal description: The outlet at the center of the dam is located in the NE1/4 NE1/4 of Sec. 8, T. 2 S., R. 83 W., 6th P.M. at a pt. 715 ft. from the N. Line and 180 ft. from the E. Line of said Sec. 8. See attached Exhibit A to Application. Name and address of owner of the land upon which the structure is located, or upon which water is or will be placed to beneficial use: Applicant. 5 pgs. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3002 GARFIELD COUNTY. YARMONY CREEK, TRIB. TO COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Absolute, in Part. Applicant: Andrea J. Reiman, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application: Applicant requests a finding of reasonable diligence in the development of the cond. water right for the Bailey Mesa Pond No. 2 (“Subject Water Right”) and to make it absolute, in part. Prior Decree Info.: The Subject Water Right was orig. decreed in Case No. 03CW295, entered in Dist. Court, Water Division 5 on 8/20/2007. A finding of reasonable diligence was entered on 1/24/2014 in Case No. 13CW3035, Dist. Court, Water Division 5. Structure: Bailey Mesa Pond No. 2. Decreed Location: NE1/4 NE1/4, Sec. 8, T. 2 S., R. 83 W., 6th P.M. at a pt. 625 ft. from the N. Line and 400 ft. from the E. Line of said Sec. 8. Applicant has applied to correct the legal description to the following location: NE1/4 NE1/4 of Sec. 8, T. 2 S., R. 83 W., 6th P.M. at a pt. 715 ft. from the N. Line and 180 ft. from the E. Line of said Sec. 8, Case No. 20CW3001. See attached engineering report attached to application as Exhibit A. Source: Yarmony Creek, trib. to the Colorado River. The Bailey Mesa Pond No. 2 fills using the Bailey Mesa Ditch 1st Enlargement as decreed in Case No. 03CW295 at the rate of 1.0 c.f.s. Approp. Date: 10/31/2003. Amt.: 6.0 AF, cond. Use: Aesthetic, rec. and pisc. Surface area of high water line: 0.80 acre. Max. height of dam: 10 ft. Length of dam: 450 ft. Capacity: Active capacity: 6 AF; Dead storage: 0.0 AF. Applicant has diligently pursued development of the Subject Water Right. Examples of work and expenditures to establish diligence are on file with this court. Summary of Absolute Claim: Applicant placed water from the Bailey Mesa Pond No. 2 to beneficial use and seeks confirmation that a portion of the cond. water right
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 3 be made absolute as follows: Date applied to beneficial use: 5/10/2007. Amt.: 0.374 AF. Uses: aesthetic, rec. and pisc. Amt. remaining cond.: 5.626 AF. Place of beneficial use: NE1/4 NE1/4, Sec. 8, T. 2 S., R. 83 W., 6th P.M. at a pt. 625 ft. from the N. Line and 400 ft. from the E. Line of said Sec. 8. Name and address of owner of the land upon which the structure is located, or upon which water is or will be placed to beneficial use: Applicant. 10 pages. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3003(2010CW298) Board of Commissioners for the COUNTY OF GRAND, State of Colorado, c/o Edward T. Moyer, Assistant County Manager, P.O. Box 264, Hot Sulphur Springs, CO, 80451, (970) 725-3100. Please direct communications related to this application to Grand County’s counsel David C. Taussig, C/o WHITE & JANKOWSKI LLC, 1333 W. 120th Ave., Suite 302, Westminster, Colorado, 80234, Tele: (303) 595-9441, Fax: (303) 825-5632, [email protected]. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO CONFIRM WATER RIGHTS AS ABSOLUTE IN GRAND COUNTY, COLORADO 2. Name of Structures: Hot Sulphur Springs Whitewater Park and Gore Canyon Whitewater Park. Collectively, the water rights described in paragraph 4 are referred to as the Subject Water Rights. The locations of the Subject Water Rights are shown on the map attached as Exhibit A. 3. Previous Decree. The Subject Water Rights were originally decreed on January 10, 2014 in Case No. 2010CW298, Water Division 5, Findings of Fact, Conclusions of Law, Judgment, and Decree of the Water Court (“Original Decree”) 4. Description of Subject Water Rights. The Subject Water Rights consist of conditional water rights for Recreational In- Channel Diversions (RICD) as described below: a. Decreed Water Right: Hot Sulphur Springs Whitewater Park. i. Location: The Hot Sulphur Springs Whitewater Park will be located in and on the Colorado River in Pioneer Park near the Town of Hot Sulphur Springs, Colorado in part of the S½ of the SE¼ of Section 3, T. 1 N., R. 78 W., 6th P.M., Grand County, Colorado. The Hot Sulphur Springs Whitewater Park is designed with two structures that will each control and divert the flow of the Colorado River to create a hydraulic feature. The upstream structure and associated whitewater feature are named the “Glory Hole” and the downstream structure and associated whitewater feature are named the “Hot Pocket.” A map showing the approximate upstream and downstream extent of the Hot Sulphur Springs Whitewater Park and the structure locations is attached as Exhibit B. (1) The Glory Hole structure will be located in and across the Colorado River in the SE¼ of Section 3, T. 1 N., R. 78 W., 6th P.M., Grand County, Colorado. The left abutment of the Glory Hole structure will be located in the SE¼ SE¼ of said Section 3, whence the SE corner of said Section 3 bears S 53° 39” E, 880 feet. (2) The Hot Pocket structure will be located in and across the Colorado River in the SE¼ of Section 3, T. 1 N., R. 78 W., 6th P.M., Grand County, Colorado. The left abutment of the Hot Pocket structure will be located in the SE¼ SE¼ of said Section 3, whence the SE corner of said Section 3 bears S 61° 20” E, 1,426 feet. ii. Source: Colorado River. iii. Date of Appropriation: December 21, 2010. iv. Calling Rates of Flow: Pursuant to paragraph 15 of the Original Decree the calling rates of flow for the Hot Sulphur Springs Whitewater Park, expressed in cubic feet per second (“cfs”), are listed below and decreed as CONDITIONAL: Flow Schedule for Calling Rates of Flow for Hot Sulphur Springs Whitewater Park Water Rights Period Flow Rate Experience 85% of Flow Rate April 10 – May 20 250 cfs Blue 212.5 cfs May 21 – July 4 850 cfs Black (Hot Pocket) / Blue (Glory 722.5 cfs Hole) July 5 – Aug 2 250 cfs Blue 212.5 cfs v. Uses: All recreational uses in and on the Colorado River including without limitation, boating, rafting, kayaking, tubing, floating, canoeing, paddling, and all other non-motorized boating recreational uses, for both structures. b. Decreed Water Right: Gore Canyon Whitewater Park. i. Location: The Gore Canyon Whitewater Park will be located in and on the Colorado River below Big Gore Canyon in parts of the W½ of Section 7, T. 1 S., R. 81 W., 6th P.M. and the E½ of Section 12, T. 1 S., R. 82 W., 6th P.M., Grand County, Colorado. The Gore Canyon Whitewater Park is designed with two structures that will each control and divert the flow of the Colorado River to create hydraulic features. The upstream structure and associated whitewater feature are named “Inspiration Point” and the downstream structure and associated whitewater features are named the “Launch Counter.” A map showing the upstream and downstream extent of the Gore Canyon Whitewater Park is attached as Exhibit C. (1) The Inspiration Point structure will be located in the W½ of Section 7, T. 1 S., R. 81 W., 6th P.M., Grand County, Colorado. The right abutment of the Inspiration Point structure will be located in the NE¼ NW¼ of said Section 7, whence the NW corner of said Section 7 bears N 56° 11” W, 1,742 feet. (2) The Launch Counter structure will be located in the E½ of Section 12, T. 1 S., R. 82 W., 6th P.M., Grand County, Colorado. The left abutment of the Launch Counter structure will be located in the NE¼ SE¼ of said Section 12, whence the SE corner of said Section 12 bears S 15° 41” E, 1,948 feet. ii. Source: Colorado River. iii. Date of Appropriation: December 21, 2010. iv. Calling Rates of
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Flow: Pursuant to paragraph 28 of the Original Decree the calling rates of flow for the Gore Canyon Whitewater Park expressed in cfs are listed below and are decreed CONDITIONAL Flow Schedule for Calling Rates of Flow for Gore Canyon Whitewater Park Water Rights Period Flow Rate Experience 85% of Flow Rate April 5 – April 860 Blue 731 cfs 28 April 29 – July 1500 Black (Launch Counter) / 1275 cfs 22 Double Black (Inspiration Point) July 23 – Oct. 860 Blue 731 cfs 15 v. Uses: All recreational uses in and on the Colorado River including without limitation, boating, rafting, kayaking, tubing, floating, canoeing, paddling, and all other non-motorized boating recreational uses, for both structures 5. Detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. a. Activities Conducted During Diligence Period. During the Diligence Period (i.e. the period between January 10, 2014, the date the Original Decree was entered, and January 31, 2020, the date this application was filed), Grand County conducted the following diligence activities. i. Permitting Gore Canyon Whitewater Park. Because this park is located on BLM land, in 2014, Grand County submitted an application for a right of way, an Environmental Assessment was conducted, a 404 Permit was obtained, a 401 certification was issued by CDPHE, a Finding of No Significant Impact was issued, a Record of Decision was issued, and a Right of Way was granted. ii. Construction Gore Canyon Whitewater Park. Construction on the park commenced in November 2014, was completed April 15, 2015, and a ribbon cutting opening the park was held July 13, 2015, although recreational float-boating commenced in April 2015 after the park was completed. iii. Funding for Gore Canyon Whitewater Park. Grand County obtained grants, donations, and contributed its own funding, along with in-kind-services for building the park. iv. Post Construction Monitoring. Between 2015 and 2019, Grand County has submitted annual post-construction monitoring for the Gore Canyon Whitewater Park pursuant to federal permit requirements. v. Water Accounting. Pursuant to paragraph 62 of the Original Decree, Grand County has submitted annual water accounting to the Division Engineer for Water Division No. 5 for the Gore Canyon Whitewater Park. vi. Carve-Out Accounting. Pursuant to paragraph 45(c) of the Original Decree, Grand County has submitted annual carve-out accounting to the Division Engineer for Water Division No. 5 for the Subject Water Rights. vii. Tender of Final Design. Pursuant to paragraph 45(e) of the Original Decree, Grand County has submitted the final design for the Gore Canyon Whitewater Park. viii. Resolution. Pursuant to paragraph 45(i) of the Original Decree, Grand County adopted a resolution authorizing employees to make a call for the Subject Water Rights and provided a copy to the Division Engineer for Water Division No. 5. ix. Integrated System Activities. Pursuant to paragraph 58 of the Original Decree, Grand County has implemented provisions of the Colorado River Cooperative Agreement and the Windy Gap Firming Project Intergovernmental Agreement, including but not limited to the following water court cases in Water Division No. 5, or to protect the Subject Water Rights: Case No. 06CW255 (Denver Water); Case No. 10CW305 (Pitkin County); Case No. 11CW21 (Denver Water); 11CW152 (CWCB, Denver Water, and Grand County); Case No. 12CW176 (Climax); Case No. 13CW3037 (United States, et al.); Case No. 13CW3109 (Glenwood Springs); Case No. 13CW46 (Colorado River District, Grand County, and Middle Park); and Case No. 17CW3176 (Municipal Subdistrict and Colorado River District). x. Upper Colorado River Wild & Scenic Alternative Management Plan. Grand County has participated as a representative of “Local Government” in implementing the Upper Colorado River Wild & Scenic Stakeholders Group Alternative Management Plan. Monitoring for five years post construction was required by the U.S. Army Corps of Engineers Permit for the Gore Canyon Whitewater Park. Macroinvertebrate monitoring from this effort has been used by the Wild and Scenic stakeholders group. xi. Gore Canyon Festival. Since 2015, as part of the Gore Canyon Festival, a free-style rodeo, white-water boating and stand-up paddle board competition has been held at the Gore Canyon Whitewater Park. xii. HUP Calls. Representatives from Grand County participate in the weekly calls of the Historic Users Pool group to understand and respond to river conditions on the Colorado River. xiii. Legislative Efforts. Grand County participated in HB 16-1382 (did not pass) and HB-17-1190 (passed) limiting the applicability of the St Jude’s v. Roaring Fork Club decision in order to protect the Subject Water Rights. xiv. Resume Review. Grand County has reviewed the Division 5 resume of applications published each month to protect the Subject Water Rights and as part of it carve-out accounting. xv. Hot Sulphur Springs Whitewater Park. Grand County has met with officials from the Town of Hot Sulphur Springs concerning the construction of this park. xvi. Total Costs. Total costs expended on the Subject Water Rights exceeded $1,265,000 during the Diligence Period. xvii. Additional Evidence. The application contains a summary of diligence activities and costs. Grand County may present additional evidence regarding the activities and costs above or other diligence activities and costs on its integrated water system in support of its application in this case. 6. Amounts Claimed as Absolute. Grand County claims the following amounts of the Subject Water Rights as absolute: a. Gore Canyon Whitewater Park. The Gore Canyon Whitewater Park was completed in April 2015. In 2015, 2016, 2017, 2018, and 2019, the water right has been exercised in each of the periods, at the flow rates and the experiences and beneficially used for the decreed purposes. Accordingly Grand County seeks confirmation of these absolute amounts in full for the Gore Canyon Whitewater Park: Exercise of Gore Canyon Whitewater Park Water Right Period Flow Rate Experience April 5 – April 28 860 Blue
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April 29 – July 22 1500 Black July 23 – Oct. 15 860 Blue A table summarizing the exercise of the water right is attached as Exhibit D. 7. Remarks. a. Grand County has a specific plan and intent to complete the conditional appropriations of the Subject Water Rights and can and will complete them with diligence and in a reasonable time. b. Paragraph 45.f. of the Original Decree states: “For purposes of making the RICD Water Rights absolute, use of a higher calling flow rate at each Whitewater Park will suffice to also make the lower flow rate(s) absolute.” Confirmation of the absolute amounts for Gore Canyon Whitewater Park implements this provision. c. Paragraph 58 of the Original Decree states: “The RICD Water Rights are part of an integrated system of water rights together with anticipated sources of water from agreements with other water users, and future acquisitions and appropriations to support Grand County’s economy, ecology and recreation.” The activities conducted during the Diligence Period implements this provision. 8. Names and addresses of owners or reputed owners of land on which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be located, or upon which water is or will be stored. On information and belief and based upon the Grand County Assessor records, the names and addresses of owners of land upon which the Whitewater Parks will be located are: a. Gore Canyon Whitewater Park: Bureau of Land Management, Kremmling Field Office, 2103 E. Park Avenue, P.O. Box 68, Kremmling, Colorado 80459. b. Hot Sulphur Springs Whitewater Park: Town of Hot Sulphur Springs, 513 Aspen St, Box 116, Hot Sulphur Springs, Colorado 80451. WHEREFORE, Grand County respectfully requests that the Court find that Grand County has exercised reasonable diligence with respect to the Subject Water Rights, continue the Hot Sulphur Springs Whitewater Park in full force and effect for the period allowed by law and confirm the Gore Canyon Whitewater Park as fully absolute for the amounts listed above. (8 pages; 4 Exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3004 GARFIELD COUNTY. COLORADO RIVER ALLUVIUM, COLORADO RIVER AND ALKALI CREEK, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Steven Keinath, c/o Sara M. Dunn and Margaret Casey, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application: Applicant requests a finding of reasonable diligence in the development of the cond. water rights for the Keinath Well No. 1, Keinath Well No. 2, Keinath Ditch No. 1, Keinath Pump and Pipeline, Keinath Main House Pond, Keinath Pond No. 2 (“Subject Water Rights”) A map depicting the location of the structures is attached as Figure 1 to the Application. Prior Decree Info.: The Subject Water Rights were orig. decreed in Case No. 96CW300, entered in Dist. Court, Water Division 5 on 8/26/1997. Findings of reasonable diligence were entered on 11/9/2004 in Case No. 03CW179 and 1/24/2014 in Case No. 10CW281, Dist. Court, Water Division 5. Structure: Keinath Well No. 1, (Permit No. 49184F). Legal Desc.: NE1/4 NE1/4 of Sec. 5, T. 8 S., R. 96 W., 6th P.M. at a pt. 1,000 ft. from the N. Sec. Line and 1,000 ft. from the E. Sec. Line of Sec. 5. Source: Alluvium of the Colorado River. Depth: 72 ft. Approp. Date: 6/19/1996. Amt.: 15 g.p.m., cond. Annual diversions from the Keinath Well No. 1 are not to exceed 12.75 AF (combined with diversions from the Keinath Well No. 2). Use: Irr. of up to 2 acres of lawn and landscape located in the SW1/4 SW1/4, Sec. 4 and the SE1/4 SE1/4, Sec. 5 T. 8 S., R. 96 W., 6th P.M., dom. use in three residential dwellings and one accessory dwelling unit, stock water for up to 25 horses, and storage in the Keinath Pond No. 2 and the Keinath Main House Pond. Remarks: The Keinath Well No. 1 was previously made absolute for dom. use, irr., livestock watering and delivery of water into storage in the Amt. of 10 g.p.m. Structure: Keinath Well No. 2, (Permit No. 49183F). Legal Desc.: NW14 NE1/4 of Sec. 5, T. 8 S., R. 96 W. at a pt. 1,000 ft. from the N. Sec. Line and 1,650 ft. from the E. Sec. Line of Sec. 5. Source: Alluvium of the Colorado River. Depth: 95 ft. deep. Approp. Date: 6/19/1996. Amt.: 20 g.p.m., cond. Annual diversion from the Keinath Well No. 2 are not to exceed 12.75 AF (combined with diversions from the Keinath Well No. 1). Use: Irr. of up to 2 acres of lawn and landscape located in the SW1/4 SW1/4 of Sec. 4, and the SE1/4 SE1/4 of Sec. 5, T. 8 S., R. 96 W., 6th P.M., dom. use in three residential dwellings and one accessory dwelling unit, stock water for up to 25 horses, and storage in the Keinath Pond No. 2 and Keinath Main House Pond. Remarks: The Keinath Well No. 2 was previously made absolute from dom. use, irr. and livestock watering in the Amt. of 5 g.p.m. Structure: Keinath Ditch No. 1. Legal Desc.: The pt. of diversion as changed in Case No. 10CW281: the NW1/4 SW1/4, Sec. 9, T. 8 S., R. 96 W., 6th P.M., at a pt. 2,440 ft. from the S. Sec. Line and 40 ft. from the W. Sec. Line of Sec. 9. Source: Alkali Creek, a trib. of the Colorado River. Approp. Date: 6/19/1996. Use: Irr. of an approx. 100 acres located in the SW1/4 of Sec. 4 and the SE1/4 of Sec. 5, T. 8 S., R. 96 W., 6th P.M., stock water, and filling and refilling of the Keinath Pond No. 2. Amt.: 3.0 c.f.s. Remarks: The Keinath Ditch No. 1 was made absolute in the Amt. of 3.0 c.f.s. for irr. of 36.8 acres in Case No. 10CW281. Total diversions for irr. of the 100 acres shall not exceed 3.0 cf.s. Structure: Keinath Pump and Pipeline, a surface water right. Legal Desc.: The pt. of diversion as changed in Case No. 10CW281: NE1/4 NE1/4 Sec. 5, T. 8 S., R. 96 W., 6th P.M., 770 ft. from the N. Sec. Line and 700 ft. from the E. Sec. Line of said Sec. 5. Source: Colorado River. Approp. Date: 6/19/1996. Use: Irr. of an approx. 100 acres located in the SW1/4 of Sec. 4 and SE1/4 of Sec. 5, T. 8 S., R. 96 W., 6th P.M. and filling and refilling the Keinath Pond No. 2 and Keinath Main House Pond. Amt.: 2.2 c.f.s. Remarks: The Keinath Pump and Pipeline was made absolute in the Amt.
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 6 of 2.2 c.f.s. for irr. of 38.6 acres and filling and refilling of the Keinath Main House Pond and the Keinath Pond No. 2 in Case No. 10CW281. Total diversions for irr. of the 100 acres shall not exceed 2.2 c.f.s. Structure: Keinath Main House Pond. Legal Desc.: The place of storage as changed in Case No. 10CW281: the center of the Keinath Main House Pond is in the SW1/4 SW1/4, Sec. 4, T. 8 S., R. 96 W., 6th P.M. at a pt. approx. 950 ft. from the S. Sec. Line and 510 ft. from the W. Sec. Line of said Sec. 4. Source: Colorado River Alluvium, Colorado River. The Keinath Main House Pond is an off-channel reservoir decreed to be filled by the Keinath Well Nos. 1 and 2 and the Keinath Pump and Pipeline diverting from the Colorado River and its alluvium. Amt.: 8.79 AF, cond. Uses: Irr., fire prot., stock water, and pisc. purposes. Irr. of approx. 100 acres on Applicant’s property located in the SW1/4 of Sec. 4 and the SE1/4 of Sec. 5, T. 8 S., R. 96 W., 6th P.M. Date of Approp.: 6/19/1996. Remarks: The Keinath Main House Pond was decreed absolute in the Amt. of 1.21 AF for fire prot., irr. of 1.8 acres, stock water and pisc. purpose in Case No. 10CW281. Structure: Keinath Pond No. 2, a water storage right. Legal Desc.: The location of the right abutment as changed in Case No. 10CW281 is located in the SW1/4 SE1/4, Sec. 5, T. 8 S., R. 96 W., 6th P.M. at a pt. approx. 530 ft. from the S. Sec. Line and 1,840 ft. from the E. Sec. Line of said Sec. 5. Source: Colorado River alluvium, Colorado River and Alkali Creek, trib. to the Colorado River. The Keinath Pond No. 2 is an off-channel reservoir decreed to be filled by the Keinath Well Nos. 1 and 2, and the Keinath Pump and Pipeline diverting from the Colorado River and its alluvium, and the Keinath Ditch No. 1, diverting from Alkali Creek. Amt.: 7.44 AF, cond. Uses: Fire prot., stock watering and pisc. purposes. Date of Approp.: 6/19/1996. Remarks: The Keinath Pond No. 2 was previously decreed absolute in the amount of 2.56 AF for fire prot., stock water and piscatorial uses. Name and address of owner of the land upon which the structure is located or upon which water is or will be placed to beneficial use: Applicant. Applicant has diligently pursued development of the Subject Water Rights. Examples of work and expenditures to establish diligence is on file with this court. 9 pgs. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3005 GRAND COUNTY, COLORADO. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. I. Name, Address and Telephone Number of Applicant. Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise, c/o Andrew A. Mueller, Secretary/General Manger, P. O. Box 1120, Glenwood Springs, Colorado 81602.Telephone: (970) 945-8522, Facsimile: (970) 945-8799. Please direct all pleadings and correspondence in this case to: Peter C. Fleming and Jason V. Turner. II. Introduction. This Application is filed pursuant to C.R.S. § 37-92-301(4) and § 37-92-601. The Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise (“River District”) is a political subdivision of the State of Colorado formed by the Colorado Legislature (See C.R.S. § 37-46-101, et seq.) in 1937 for the purpose of safeguarding that portion of the waters of the Colorado River apportioned to the state by interstate compact and of promoting the welfare of the inhabitants of the River District. Geographically, the River District encompasses an area of approximately 29,000 square miles, including all of twelve and parts of three western Colorado counties. Included in that area are the headwaters and tributaries of the Colorado River mainstem and its principal tributaries, the Gunnison, the White and the Yampa Rivers. The general powers of the River District, set forth in C.R.S. § 37-46-107, inter alia, direct the River District to make surveys and investigations to ascertain the best method of utilizing stream flows within the River District and to make appropriations “for the use and benefit of the ultimate appropriators . . . .” This statute further directs the River District “to perform all acts and things necessary or advisable to secure and ensure an adequate supply of water, present and future, for irrigation, mining, manufacturing, and domestic purposes within said districts [sic].” The conditional water right that is the subject of this Application was obtained in furtherance of these statutory directives. The Board of Directors of the River District has maintained its intent to develop the conditional water right that is subject of this Application. The water right involved in this Application was decreed on June 2, 2000 in Case No. 98CW237, and a findings of reasonable diligence were decreed on May 29, 2007 in Case No. 06CW146, Water Division No. 5 and on January 24, 2014 Case No. 13CW3008, Water Division No. 5. III. Description of conditional water right (as to each structure as depicted on the map attached hereto as Exhibit A) giving the following from the Referee’s Ruling and Judgment and Decree: A. Name of Structure: Wolford Mountain Reservoir (“Refill Right”). 1. Date of Original Decree, Case Number and Court: June 2, 2000, Case No. 98CW237, Water Division 5. 2. Legal Description: a. As Decreed: Location of Dam: The dam is located in the SW¼ of the NE¼ of Section 25, T.2N., R.81W. of the 6th P.M. The as- built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears South 53°24'56" East a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being South 75°28'29" East. b. PLSS: SW¼ of the NE¼ of Section 25, T.2N., R.81W. of the 6th P.M. at a point 1,940 feet south of the north section line and 2,760 feet east of the west section line. 3. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. 4. Appropriation Date: November 17, 1998. 5. Amount: Total amount 30,000 a.f., of which 12,856 a.f. has previously been decreed absolute for all decreed purposes, and 15,895 a.f. has previously been decreed absolute for recreation, piscatorial, and flood control purposes. 6. Uses: Certain of the beneficial uses previously adjudicated for
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Wolford Mountain Reservoir in Case No. 87CW283, Water Division 5 and Case No. 95CW281, Water Division 5. a. 87CW283: The reservoir is used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This includes, but is not limited to domestic, municipal, agricultural, and recreational uses. b. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with Applicant's Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right decreed herein will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. c. The Refill Right will not be used in conjunction with the portion of the Reservoir capacity (24,000 AF) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the portion of the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. IV. Integrated Project. Pursuant to C.R.S. 37-92-301(4)(b), “when a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” Where work on a component of a system is “necessary to the ultimate goal of putting the water to beneficial use,” it is considered part of the integrated system. Metropolitan Suburban Water Users Ass'n v. Colorado River Water Cons. Dist., 365 P.2d 273, 289 (Colo. 1961). The Refill Right is part of the larger Wolford Mountain Reservoir Project. The Wolford Mountain Reservoir water rights were appropriated for a variety of uses including, but not limited to, satisfaction of the Windy Gap Settlement, environmental mitigation, hydro-power, and irrigation of wetlands (Case Nos. 87CW283, 95CW251, 95CW281, 98CW236). The Refill Right will be used for the same purposes listed in the identified decrees and the beneficial use of the Refill Right depends on the proper functioning of other aspects of Wolford. Use of the Refill Right cannot be achieved independent of the other components of Wolford Mountain Reservoir. In Case Nos. 06CW146 and 13CW3008, Water Division No. 5, the Court found that the Wolford Mountain Reservoir Refill Right was a feature of the Wolford Mountain Reservoir Project and that work on other features of the Wolford Mountain Project will be considered in determining whether reasonable diligence has been shown for the for the Wolford Mountain Reservoir Refill Right. Case No. 06CW146 at ¶9.A; Case No. 13CW3008 at ¶21. V. Claim for finding of reasonable diligence. The River District seeks a finding of reasonable diligence for the conditional portions of the Wolford Mountain Reservoir Refill right, as decreed in Case No. 98CW237, Water Division 5. VI. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed including expenditures. During the Diligence Period, the River District conducted the activities identified below toward development of the conditional water right that is the subject of this Application. Unless otherwise noted, the expenditures listed herein do not include salaries of River District staff. The explanation of work accomplished is not all inclusive but is representative of the work accomplished. A. Declaration of Intent. The Board of Directors of the River District, by formal action on January 21, 2020 declared its continuing intent to develop the conditional water right that is the subject of this Application. B. Wolford Mountain Reservoir Operations. 1. The River District spent approximately $5,270,950 on operations at Wolford Mountain Reservoir. These operational expenses include facilities maintenance and repair, utilities expenses, operation of the potable water system, weed control, water quality analysis, USGS water quality monitoring, USGS stream flow gauging, operation and maintenance expenses associated with the recreation area, road maintenance at the reservoir, surveying and mapping of the reservoir, mitigation area operation and maintenance and modeling in support of the River District’s Water Marketing Program. These activities contribute to the development of the Wolford Mountain Reservoir Refill Right and demonstrate the River District’s continuing intent to develop and maximize all components of Wolford Mountain Reservoir of which the Refill Right is an integrated and necessary component for the River District’s maximum use of the reservoir. 2. The River District negotiated and entered into approximately twenty-eight water marketing contracts pursuant to its Water Marketing Program for Colorado River Supplies which include Wolford Mountain Reservoir as a source of supply. The Wolford Mountain Reservoir Refill Right is integral to the continued maximization of the River District’s Water Marketing Program. C. Endangered Species. Federal environmental legislation and related regulations on water development activities often make successful acquisition of needed federal permits one of the most predominant concerns regarding a water development project. A significant concern regarding the development of projects in Colorado Water Division No. 5 is the status of four native fish species which have been listed as “endangered” by the Fish and Wildlife Service pursuant to the federal Endangered Species Act. Because water depletions in the Colorado River basin are alleged to jeopardize the continued existence of those fish species, it is necessary for the River District and others who may need federal permit authorizations for their water projects to successfully address the alleged jeopardy of those species. The River District extensively participated and partially funded a multi- phase study to identify a source of the 10,825 acre feet of water necessary to satisfy the obligation of water users’ within the State of Colorado to the recovery of the endangered fish. Due to these efforts the River District has obtained a contract with Bureau of reclamation for 5,412.5 acre feet of water in Ruedi Reservoir to satisfy the West Slope’s obligation. During the diligence period the River District has maintained and administered that contract for the benefit of the endangered fish. These efforts are necessary and appropriate in order for the River District and other water users within its boundaries to secure permitting approvals for the construction and operation of water projects, including the projects that are the subject of this Application. D. Legislation. The River District annually participates actively in legislative processes regarding water-related matters before both the United States Congress and the Colorado General Assembly. The River District has monitored and lobbied concerning the activities of various committees of the United States Congress concerning environmental legislation, particularly the Endangered Species Act, Clean Water Act, and the National Environmental Policy Act (“NEPA”) as such environmental acts relate to the construction of projects and utilization of water within Western Colorado. The River District also monitors and lobbies in the Colorado General Assembly on matters related to water rights and water project development. E. Salinity. The River District continues to participate and fund efforts to reduce the salinity of the
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Colorado River, as well as the operation of the Colorado River mainstem reservoirs, to ensure to the River District, as well as to the State of Colorado, an adequate supply of water from the Colorado River as provided by the Colorado River Compacts. F. USGS Gauging. The River District participates in the funding of the United States Geological Survey (“USGS”) hydrology and water quality gauging stations throughout the District in order to better assess the availability of water for development pursuant to its various projects. G. Wild and Scenic Alternative Management Plan. The River District expended significant staff time and financial resources in developing a stakeholder driven alternative management plan to federal wild and scenic designation for the Colorado River mainstem. A federal wild and scenic designation may have impacted the development of the conditional water rights at issue in this Application. H. Weather Modification. Throughout the diligence period, the River District has been participating in, and is now administering, the Central Colorado Mountains River Basin Weather Modification Program. The program is designed to increase snow fall, and thus improve water supplies, over the central Colorado mountains including areas in the vicinity of the projects that are the subject of this Application. I. Water Court Activities. The River District filed many applications and prosecuted water court proceedings concerning absolute and conditional water rights owned by the River District in Water Division 5. In addition, the River District filed numerous Statements of Opposition to protect its water marketing supply from Wolford Mountain Reservoir. VI. Names and Addresses of Owners of Lands on which Structure for the Water Right is Located: The lands on which the dam for Wolford Mountain Reservoir and the lands within the Reservoir's high water line are owned by the following: A. Colorado River Water Conservation District (Applicant). B. Bureau of Land Management, Kremmling Field Office, P.O. Box 68, Kremmling, CO 80459. WHEREFORE, the River District respectfully requests that the Court: (1) find that the River District has exercised reasonable diligence in the development of any remaining conditional portion of the Refill Right; (2) rule that the remaining conditional amount of the Refill Right be continued in full force and effect; (3) set a date for a subsequent application for a finding of reasonable diligence; and (4) re-affirm that the Refill Right is a feature of an integrated system of water rights, and that work done on one feature of the project shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3006 (10CW43, 10CW44, 01CW177, 95CW06, 87CW246, 83CW78, CA 2371) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN SUMMIT COUNTY, COLORADO 1. Applicant: Board of County Commissioners of the County of Summit (“Summit County”) c/o Scott Vargo, County Manager, Post Office Box 68, Breckenridge, Colorado 80424, copies of all pleadings to: Charles B. White, No. 9241 Thomas W. Korver, No. 36924, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, Phone: (303) 825-1980 2. Description of Conditional Vidler Tunnel Water Rights: A. Name of Structure: Vidler Tunnel Unit, diversion points G-ZZ (the “Vidler Water Rights”). B. Prior Decrees: The Vidler Water Rights were originally decreed in CA 2371, by the District Court in and for the County of Summit, Water Division 5, on March 19, 1979, with a date of appropriation of July 28, 1959. Diligence has been maintained for the conditional water rights now owned by Summit County by the following decrees of the District Court for Water Division No. 5, Case No. 83CW78, dated January, 1986; Case No. 87CW246, dated January 9, 1989; Case No. 95CW06, dated July 13, 1995; and Case No. 01CW177, dated February 23, 2004; and Case No. 10CW44, dated January 15, 2014. C. Change of Water Rights: By decree in Case No. 10CW43, Water Division No. 5, entered on January 15, 2014, the Vidler Water Rights were changed as follows: (i) Additional uses: The Vidler Water Rights will be used for the additional purposes of commercial, irrigation, snowmaking, augmentation, replacement, exchange, recreation in Peru Creek Reservoir (as described in paragraph 3 below), piscatorial use in Peru Creek Reservoir and in stream reaches decreed for present or future CWCB instream flow water rights on Peru Creek, the Snake River, and the Blue River downstream of the Reservoir as described in paragraph 31(e) of the decree in Case No. 10CW43, wildlife watering, maintenance and enhancement of water quality in Peru Creek and the Snake River downstream of the Reservoir and in Dillon Reservoir as described in paragraph 31(d) of the decree in Case No. 10CW43, remediation and restoration of riparian and wetland areas, with the right of reuse, successive use, and disposition to extinction. (ii) Change in manner of use: The Vidler Water Rights may be stored in the proposed Peru Creek Reservoir, as described in paragraph 3 below, and will not be applied to direct-flow use. (iii) Change of location of use: The place of use of the Vidler Water Rights is changed to locations within the boundaries of Summit County. A map of Summit County is attached to the application as Exhibit B and is available for inspection at the office of the Division 5 Water Court or via Colorado Courts E-filing. D. Legal Description: The conditional portion of the Vidler Water Rights now owned by Summit County were originally decreed as nineteen (19) separate points of diversion (Points G – ZZ), located in the upper reaches of the Peru Creek drainage basin. The diversion point locations, sources, and amounts as originally decreed are as follows: Headgate Point of Diversion Source Amount (c.f.s.) (Tie From Headgate to Legal Government Corners)
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G S 320W, 915’ to M.C. Gulch G 1.00 2-19781A – GP4 H S 305’E, 769’ to M.C. Gulch H 0.40 2-19781A – GP4 J S 5151’E, 506’ to M.C. Gulch J 0.60 2-19781A – GP4 K N 8846’W, 2731’ to NW Gulch K 1.00 Cor. S20, T5S, R75W L S 5905’W, 1031’ to SW Gulch L 3.00 Cor. S17, T5S, R75W M S 2001’E, 3459’ to SE Ruby Gulch 10.20 Cor. S18, T5S, R75W N S 2343’E, 4138’ to SE Gulch N 5.20 Cor. S18, T5S, R75W P N 3010’W, 3193’ to NW Gulch P 4.80 Cor. S7, T5S, R75W Q N 3409’W, 1932’ to NW Gulch Q 7.40 Cor. S7, T5S, R75W R S 4617’E, 270’ to SE Gulch R 5.80 Cor. S1, T5S, R76W S N 7057’E, 766’ to NE Chihuahua Gulch 4.60 Cor. S12, T5S, R76W T N 3806’E, 1840’ to NE Gulch T 2.20 Cor. S12, T5S, R76W U N 2748’E, 5525’ to NE Gulch U 5.20 Cor. S12, T5S, R76W V N 8855’W, 3447’ to NW Gulch V 0.60 Cor. S16, T5S, R75W W N 7704’W, 3600’ to NW Gulch W 0.90 Cor. S16, T5S, R75W X S 6420’W, 3862’ to M.C. Gulch X 1.50 2-19781A – GP4 Y S 8209’W, 3373’ to M.C. Gulch Y 1.40 2-19781A – GP4 Z N 6636’W, 3770’ to M.C. Gulch Z 6.30 2-19781A – GP4 ZZ N 5819’W, 3359’ to M.C. Gulch ZZ 2.10 D-19781A – GP4 The following chart provides a description of the diversion point locations in PLSS format, which are also depicted on the map attached to the application as Exhibit A, and is available for inspection at the office of the Division 5 Water Court or via Colorado Courts E- filing. PLSS Locations for Vidler Tunnel Collection Points
Headgate Township Range Section Distance N/S Distance E/W Q40 Q160 P.M. G T5S R75W 16 1887 S 217 W NW SW 6th H T5S R75W 16 1651 S 101 W NW SW 6th J T5S R75W 17 1144 S 345 E SE SE 6th K T5S R75W 20 50 N 2522 W NW NE 6th L T5S R75W 17 760 S 776 W SW SW 6th M T5S R75W 18 2088 N 1289 E SE NE 6th N T5S R75W 18 1582 N 1772 E SW NE 6th P T5S R75W 7 1990 S 1527 W NE SW 6th Q T5S R75W 7 1704 N 1116 W SW NW 6th R T5S R76W 1 380 S 486 E SE SE 6th S T5S R76W 12 432 N 1272 E NE NE 6th
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T T5S R76W 12 1506 N 1612 E SW NE 6th U T5S R76W 13 280 N 2250 W NE NW 6th V T5S R75W 9 78 S 1933 E SW SE 6th W T5S R75W 16 813 N 1936 E NW NE 6th X T5S R75W 16 2485 S 1982 E NW SE 6th Y T5S R75W 16 1220 S 1953 E SW SE 6th Z T5S R75W 21 592 N 2078 E NW NE 6th ZZ T5S R75W 21 1217 N 2789 E NE NW 6th E. Source: Various named and unnamed tributaries of Peru Creek, tributary to the Blue River. F. Appropriation date: July 28, 1959. G. Amount: A total of 14.6 c.f.s., conditional, limited to the amounts listed in the foregoing subparagraph 2.D. The combined total storage in Peru Creek Reservoir, directly or by exchange, may not exceed 14.6 c.f.s. H. Use: Domestic, agricultural, industrial and municipal uses, and the additional uses decreed in Case No. 10CW43, as described in the foregoing subparagraph 2.C. I. Terms and Conditions: Applicant’s exercise of the changed Vidler Water Rights shall be subject to the additional terms and conditions described in paragraph 11 of the decree in Case No. 10CW43. 3. Description of Conditional Peru Creek Reservoir Water Right: A. Name of Structure: Peru Creek Reservoir (“Peru Creek Reservoir”). B. Date of Decree: The original decree for Peru Creek Reservoir was entered on January 15, 2014 in Case No. 10CW43, Water Division No. 5. C. Legal Description: The center of the crest of the dam will be located in the SE ¼ of the NE ¼ of Section 20, T5S, R75W, of the 6th P.M., 1,290 ft from the North Section line, and 885 ft from the East Section line. D. Source: Peru Creek, tributary to the Snake River, a tributary of the Blue River, a tributary of the Colorado River. The Reservoir will be located on-channel and created by the construction of a dam. E. Appropriation date: February 23, 2010. F. Amount: 2,050 acre-feet, conditional, together with a right to one or more successive refills in the cumulative total amount of 2,050 acre-feet, conditional. No more than 4,100 acre-feet may be stored under this priority in any one year. G. Use: Municipal, domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, wildlife watering, maintenance and enhancement of water quality, remediation and restoration of riparian and wetland areas, with the right of reuse, successive use, and disposition to extinction. The place of use shall be limited to Summit County. 4. Description of Conditional Right of Exchange: A. Name and Description of Exchange: Vidler-Peru Creek Reservoir Exchange (the “Exchange”). Pursuant to C.R.S. § 37-80-120, the amount of water that is physically and legally available for diversion at Vidler Tunnel Unit diversion points K through U, as described in paragraph 2 above, is not diverted and is allowed to flow into Peru Creek to supply downstream appropriators, and an equivalent amount of water is diverted and stored in Peru Creek Reservoir, which will be located upstream of the points at which the water available for diversion at points K through U would flow into Peru Creek. B. Date of Original Decree: The original decree for the Exchange was issued on January 15, 2014 in Case No. 10CW43, Water Division No. 5. C. Date of Subsequent Decrees: n/a. D. Location of Structures and Exchange Reach: (i) Upstream terminus: The upstream terminus of the Exchange is the dam for Peru Creek Reservoir, as described in paragraph 3 above. (ii) Downstream termini: The downstream termini of the Exchange are the locations where the water that is physically and legally available for diversion at Vidler Tunnel Unit diversion points K through U flows into Peru Creek, of which the most downstream point is the confluence of Peru Creek and Chihuahua Creek located in the NW 1/4 of the SE 1/4 of Section 24, T5S, R76W, of the 6th P.M., 2370 ft from the South Section line, and 1805 ft from the East Section line. (iii) Peru Creek Reservoir: As described in paragraph 3, above. (iv) Vidler Tunnel Unit diversion points K through U: As described in paragraph 2, above. E. Source: Various named and unnamed tributaries of Peru Creek, tributary to the Blue River. F. Appropriation Date: February 23, 2010. G. Water Rights Used for Substitution and Replacement: The Vidler Water Rights, diversion points K through U, as described in paragraph 2 above, will replace an equivalent amount of water diverted and stored in Peru Creek Reservoir. H. Decreed Uses: Municipal, domestic, agricultural, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, wildlife watering, maintenance and enhancement of water quality, remediation and restoration of riparian and wetland areas, with the right of reuse, successive use, and disposition to extinction. The place of use shall be limited to Summit County. The Vidler water rights will also be used for the additional purposes of recreation in Peru Creek Reservoir, piscatorial use in Peru Creek Reservoir and in stream reaches decreed for present or future CWCB instream flow water rights on Peru Creek, the Snake River, and the Blue River downstream of the Reservoir as described in paragraph 31(e) of the decree in Case No. 10CW43, and maintenance and enhancement of water quality in Peru Creek and the Snake River downstream of the Reservoir and in Dillon Reservoir as described in paragraph 31 (d) of the decree in Case No. 10CW43. I. Terms and Conditions: Applicant’s operation of the Exchange shall be subject to the following additional terms and conditions: (i) Live stream. The Exchange may be operated only when there is a live surface stream within the entire applicable exchange reach; provided, however, that the exchange decreed herein can call out any diversions junior to such exchange to maintain a live stream. (ii) Amount of exchange/transmission losses. The amount of water diverted by exchange by Applicant shall be equal to the amount of water bypassed for replacement, less a reasonable deduction for stream loss, if any there be, to be determined by the State Engineer pursuant to C.R.S. § 37-83-104. (iii) Water quality. The replacement water shall be of a quality and continuity to meet the requirements of use to which the senior appropriation involved in the exchange has normally been put. (iv) Notice. Notice must be given to the Division Engineer prior to operation of the exchange. 5. Evidence of reasonable diligence: The Vidler Water Rights, Peru Creek Reservoir, and the Exchange are part of an integrated system for supplying the water demands of Summit County. The application contains a summary of specific projects and work undertaken during the diligence period (from January, 2014 to January, 2020) and is available for inspection at the office of the Division 5 Water Court of via Colorado Courts E-filing. The list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. 6.
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Terms and Conditions: The Vidler Water Rights, Peru Creek Reservoir, and the Exchange are subject to the terms and conditions listed in paragraphs 31 through 39 of the decree in Case No. 10CW43. 7. Can and will. The Vidler Water Rights, Peru Creek Reservoir, and the Exchange can and will be diverted, stored, or otherwise captured, possessed, and controlled, and will be beneficially used, with diligence in a reasonable time. C.R.S. § 37-92-305(9)(b). 8. Names, and addresses of owners 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: A. Applicant. B. Public Service Co. of Colorado, 1225 17th Street, Room 1000, Denver, CO 80202. C. United States Forest Service, c/o District Ranger, P.O. Box 620, Silverthorne, CO 80498. WHEREFORE, Summit County respectfully requests that this Court enter Findings of Fact, Conclusions of Law, and a Judgment and Decree: (1) finding that Summit County has been reasonably diligent in the development of the Vidler Water Rights, Peru Creek Reservoir, and the Exchange as described in the preceding paragraphs; (2) continuing the Vidler Water Rights, Peru Creek Reservoir, and the Exchange in full force and effect; and (3) granting such other relief as may be appropriate. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3007 PITKIN COUNTY. ROARING FORK RIVER. G & R Aspen, LLC, c/o Corona Water Law, Craig Corona, Esq., 1018 Lauren Lane, Basalt, CO 81621, (970) 948-6523. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. FIRST CLAIM: Structure: Huerta Ditch No. 3. Original decree, 12/30/93; 90CW220, Division 5. Subsequent decrees: 13CW3019, 1/24/14; 06CW207, 5/29/07; 99CW289, 9/5/00. Legal description: A point situated on an unnamed tributary to the Roaring Fork River in the Southeast one- quarter of the Southwest one-quarter (SE ¼ SW ¼) of Section 17, Township 10 South, Range 84 West of the 6th Principal Meridian, County of Pitkin, State of Colorado, whence the South one-quarter corner of said Section 17, a U.S. B.L.M. brass cap bears South 31 degrees, 21 minutes, 03 seconds East, 416.36 feet; with said bearing being relative to a bearing of North 01 degrees, 27 minutes, 30 seconds West between B.L.M. brass caps on the East line of said SE ¼ SW ¼ (Pitkin County). Source: Unnamed tributary of the Roaring Fork River. Appropriation date: 1980. Amount. 0.5 c.f.s., conditional. Use: Delivery of water into storage within the Huerta Pond. Place of use: 43051 Highway 82, Aspen, CO. An outline of work completed is on file with the Court. SECOND CLAIM: Structure: Huerta Pond. Original decree: 12/30/93; 90CW220, Division 5. Subsequent decrees: same as above. Legal description: A point situated in the Southeast one-quarter of the Southwest one-quarter (SE ¼ SW ¼) of Section 17, Township 10 South, Range 84 West of the 6th Principal Meridian, County of Pitkin, State of Colorado, whence the South one-quarter corner of said Section 17, a U.S. B.L.M. brass cap bears South 57 degrees, 42 minutes, 19 seconds East, 482.59 feet; with said bearing being relative to a bearing of North 01 degrees, 27 minutes, 30 seconds West between B.L.M. brass caps on the East line of said SE ¼ SW ¼ (Pitkin County). Source: unnamed tributary of the Roaring Fork River. Appropriation date: 1980. Amount. 0.25 acre-feet, conditional. Use: Aesthetic and piscatorial. Place of use: 43051 Highway 82, Aspen, CO. An outline of work completed is on file with the Court. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3008 GRAND COUNTY, Application for Findings of Reasonable Diligence. Applicant: Gary K. Loser; please direct all correspondence to Applicant’s attorneys: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601, (970)947-1936, [email protected]. Applicant requests findings of reasonable diligence with regard to the following water right: Crooked Creek No. 1 Ditch (CC No. 1), First Enlargement. Description of conditional water right: Date of original decree: January 17, 1996. Case number: 95CW054. Court: District Court, Water Division No. 5. Subsequent Diligence Findings: Case No. 07CW181; 14CW3049. Location: At a point 1350 feet from the North Section line and 2400 feet from the West Section line of Section 22, Township 1 South, Range 76 West, 6th P.M., Grand County. Source: CROOKED CREEK, TRIBUTARY TO FRASER RIVER, TRIBUTARY TO COLORADO RIVER. Appropriation date: January 31, 1995. Amount: 1.0 c.f.s., conditional. Uses: Irrigation and fire protection. Owner of land upon which point of diversion is located: Applicant. The Application
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 12 includes a detailed description of the work performed during the diligence period and the application of the water rights to beneficial use. (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3009 PITKIN COUNTY – WOODY CREEK, TRIBUTARY TO ROARING FORK RIVER. MM ROSEMARY CIRCLE, LLC c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Rd., Ste. 2104A., Aspen, CO 81611 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Flying Elk Pond Nos. 1- 4. Original Decree: July 10, 2000, Case No. 98CW275, Division 5 Water Court. Legal Descriptions: Flying Elk Pond No. 1: The NE ¼, SE ¼ of Section 23, Township 9 S., Range 85 W. of the 6th P.M., at a point 2,440 feet from the South Section line and 600 feet from the East Section line. Flying Elk Pond No. 2: The NE ¼, SE ¼ of Section 23, Township 9 S., Range 85 W. of the 6th P.M., at a point 1,950 feet from the South Section line and 500 feet from the East Section line. In Case No. 03CW323, the Division 5 Water Court changed the location of portions of this water right as follows: “Sanders Pond” (0.12 acre-foot absolute): The NE ¼, SE ¼ of Section 23, Township 9 S., Range 85 W. of the 6th P.M., at a point 2,020.63 feet from the South Section line and 1,037.70 feet from the East Section line. “Round Barn Pond” (0.087 acre-foot conditional): The SW ¼, SE ¼ of Section 24, Township 9 S., Range 85 W. of the 6th P.M., at a point 1,077.64 feet from the South Section line and 2,224.53 feet from the East Section line. “Preserve Pond” (0.068 acre- foot absolute): The SE ¼, SW ¼ of Section 24, Township 9 S., Range 85 W. of the 6th P.M., at a point 918.23 feet from the South Section line and 2,536.87 feet from the West Section line. “Upper Meadow Pond” (1.725 acre-feet conditional): The SE ¼, SE ¼ of Section 24, Township 9 S., Range 85 W. of the 6th P.M., at a point 1,121.73 feet from the South Section line and 929.31 feet from the East Section line. Flying Elk Pond No. 3: The NW ¼, SE ¼ of Section 23, Township 9 So., Range 85 W. of the 6th P.M., at a point 1,400 feet from the South Section line and 1,800 feet from the East Section line. Flying Elk Pond No. 4: The NW ¼, SE ¼ of Section 23, Township 9 S., Range 85 W. of the 6th P.M., at a point 2,200 feet from the South Section line and 1,900 feet from the East Section line. In Case No. 03CW323, the Court changed the location of a portion of this water right as follows: “Upper Meadow Pond” (1.875 acre-feet conditional): The SE ¼, SE ¼ of Section 24, Township 9 S., Range 85 W. of the 6th P.M., at a point 1,121.73 feet from the South Section line and 929.31 feet from the East Section line. Source: Woody Creek, tributary to the Roaring Fork and Colorado Rivers. Ditches used to fill: Collins Creek Ditch Extension; Paradise Ditch; Flying Elk Ditch and Pipeline. Rate: 0.5 c.f.s. Date of Appropriation: June 12, 1998. Conditional Amounts: Flying Elk Pond No. 1: 3.59 acre-feet. Flying Elk Pond No. 2: 5.812 acre-feet. Flying Elk Pond No. 3: 1.80 acre-feet. Flying Elk Pond No. 4: 2.40 acre-feet (all with the right to fill and re-fill). Uses: Piscatorial, recreational, and aesthetic. Description of work done towards completion of appropriation, including expenditures, is included in the Application. Second Claim: Flying Elk Ditch and Pipeline. Original Decree: July 10, 2000, Case No. 98CW275, Division 5 Water Court. Legal Description: The NW ¼, SE ¼ of Section 23, Township 9 S., Range 85 W. of the 6th P.M., at a point approximately 2,050 feet from the South Section line and 1,550 feet from the East Section line. Source: Woody Creek, tributary to the Roaring Fork and Colorado Rivers. Date of Appropriation: June 12, 1998. Amount: 0.5 c.f.s. conditional. Uses: Divert water into storage for subsequent piscatorial, recreational, and aesthetic purposes. Description of work done towards completion of appropriation, including expenditures, is included in the Application. Applicant owns the land where all water rights are located and are or will be put to beneficial use. A map of all water rights is on file with the court as Exhibit A. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3010 PITKIN COUNTY – SOPRIS CREEK, TRIBUTARY TO ROARING FORK RIVER. THE LUCAS A. LIZOTTE TRUST DATED MAY 16, 2007; THE KARA LYN LIZOTTE TRUST DATED MAY 16, 2007. c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Rd., Ste. 2104A., Aspen, CO 81611 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Midland Enlargement. Original Decree: January 24, 2014, Case No. 11CW56, Division 5 Water Court. Legal Description: NE ¼, SW ¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M., at a
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 13 point 1,339 feet from the South Section line and 2,127 feet from the West Section line. Source: Sopris Creek, tributary to the Roaring Fork and Colorado Rivers. Date of Appropriation: April 30, 2011. Amount: 1.0 c.f.s., conditional. Uses: Direct flow for irrigation, domestic, and fire protection purposes, and to fill and refill the Midland Pond System for subsequent irrigation, fire protection, piscatorial, aesthetic, and augmentation purposes. Irrigation use: Maximum area of 0.8 acre in the northern section of property described as E ½, SW ¼ and the W ½, SE¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M. Domestic use: One single-family residence and one accessory dwelling unit. Second Claim: Midland Pond System. Original Decree: January 24, 2014, Case No. 11CW56, Division 5 Water Court. Legal Description: Lower terminus of pond system: NE ¼, SW ¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M., at a point 1,865 feet from the South Section line and 2,272 feet from the West section line. Upper terminus of pond system: SW ¼, SE ¼, of Section 13, Township 8 S., Range 87 W. of the 6th P.M., at a point 1,194 feet from the South Section line and 2,548 feet from the East Section line. Source: Sopris Creek, tributary to the Roaring Fork and Colorado Rivers. Water right used to fill pond system: Midland Enlargement, total capacity of 1.0 c.f.s., at a fill rate of up to 1.0 c.f.s. Date of Appropriation: April 30, 2011. Amount: 8.5 acre-feet, conditional, with right to fill and refill. Uses: Irrigation, fire protection, piscatorial, recreation, aesthetic, and augmentation. Irrigation use: Maximum area of 0.8 acre in the northern section of property described as E ½, SW ¼ and the W ½, SE¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M. Surface area of highwater line: 1.0 acre total. Total capacity of pond: 8.5 acre-feet. Applicant owns the land where water rights are located and are or will be put to beneficial use. Map of water rights and place of use is on file with the court as Exhibit A. Map of property is on file with the court as Figure 1. Description of work done towards completion of appropriation, including expenditures, is included on file with the court as Exhibit B. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, 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 JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3011 PITKIN COUNTY – SOPRIS CREEK, TRIBUTARY TO ROARING FORK RIVER. THE LUCAS A. LIZOTTE TRUST DATED MAY 16, 2007; THE KARA LYN LIZOTTE TRUST DATED MAY 16, 2007. c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Rd., Ste. 2104A., Aspen, CO 81611 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Midland Exchange. Original Decree: January 24, 2014, Case No. 11CW57, Division 5 Water Court. Legal Description: Lower termini: Exchange of Green Mountain Reservoir water: SE ¼, NW ¼ of Section 9, Township 6 S., Range 89 W. of the 6th P.M., at a point 2,200 feet from the North Section line and 2,350 feet from the West Section line. Exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: SW ¼, SE ¼ of Section 7, Township 8 S., Range 86 W. of the 6th P.M., at a point 647 feet from the South Section line and 1,475 feet from the East Section line. Exchange of Robinson Ditch water: NW ¼, SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6 P.M., at a point 2,307 feet from the South Section line and 2,309 feet from the East Section line. Upper terminus: Davis Ditch Midland Diversion and Midland Enlargement, as decreed in Case No. 11CW56, NE ¼, SW ¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M., at a point 1,339 feet from the South Section line and 2,127 feet from the West Section line. Source: 3.8 acre-feet of BWCD water marketing supplies under Water Allotment Contract No. 595 as follows: Green Mountain Reservoir: NE ¼, SE ¼ of Section 15, Township 2 S., Range 80 W. of the 6th P.M., at a point 2,312 feet from the South Section line and 992 feet from the East Section line. Ruedi Reservoir: NW ¼, NW ¼ of Section 18, Township 8 S., Range 84 W. of the 6th P.M., at a point 324 feet from the North Section line and 984 feet from the West section line. Troy Ditch: NW ¼, NE ¼ of Section 14, Township 8 S., Range 84 W. of the 6th P.M., at a point 285 feet from the South Section line and 967 feet from the East Section line. Edith Ditch: SW ¼, SW ¼ of Section 12, Township 8 S., Range 84 W. of the 6th P.M., at a point 326 feet from the South Section line and 981 feet from the West Section line. Robinson Ditch: NW ¼, SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6th P.M., at a point 2,307 feet from the South Section line and 2,309 feet from the East Section line. Date of Appropriation: April 30, 2011. Rate: 0.07 c.f.s. conditional. Volume: 13.3 acre-feet conditional. Map of water rights and place of use is on file with the court as Exhibit A. Description of work done towards completion of appropriation, including expenditures, is included on file with the court as Exhibit B. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JANUARY 2020. The water right claimed by this application
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 14 may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3012 GARFIELD COUNTY. Applicants: Sunlight Water Company, c/o Julie J. Huffman, Attorney, 415 Palmer Street, Delta, CO 81416, 970-874-9777. APPLICATION FOR FINIDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART: Name of Structure: Flannery Ditch, Four Mile Creek Extension. Legal Description of Point of Diversion: Easting 297084.7, Northing 4369522.5, Zone 13S. Date of Appropriation: June 16, 1989. Amount: 0.5 c.f.s. (0.14 c.f.s. Absolute). Use: Livestock, fire protection, and irrigation. Source of Water: SURFACE WATER TRIBUTARY TO THREE MILE CREEK, WHICH IS TRIBUTARY TO THE ROARING FORK RIVER, WHICH IS TRIBUTARY TO THE COLORADO RIVER. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3013 EAGLE COUNTY – EAGLE RIVER ALLUVIUM, TRIBUTARY TO EAGLE RIVER AND COLORADO RIVER. STEVEN J. PITTEL AND GREGORY A. CARETTO c/o Kevin L. Patrick, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE. First Claim: Cabin Well (permit no. 51587-F). Original Decree: July 6, 1993, Case No. 91CW191, Division 5 Water Court. Legal Description: NE¼ NE¼ of Section 16, Township 7 South, Range 80 West of the 6th P.M. at a point 630 feet from the East section line and 430 feet from the North section line. Source: Eagle River alluvium, tributary to Eagle River and Colorado River. Appropriation Date: November 16, 1990. Amount: 50 gpm total; 15 gpm absolute; 35 gpm conditional. Uses: Domestic, commercial, irrigation, and fire protection. Depth: 41 ft. Second Claim: Nova Well No. 1 (permit no. 50975-F). Original Decree: July 6, 1993, Case No. 91CW191, Division 5 Water Court. Legal Description: NE¼ NE¼ of Section 16, Township 7 South, Range 80 West of the 6th P.M. at a point 620 feet from the East section line and 530 feet from the North section line. Source: Eagle River alluvium, tributary to Eagle River and Colorado River. Appropriation Date: November 16, 1990. Amount: 50 gpm total; 15 gpm absolute; 35 gpm conditional. Uses: Domestic, commercial, irrigation, and fire protection. Depth: 51 ft. Third Claim: Nova Well No. 2 (permit no. 63727-F). Original Decree: July 6, 1993, Case No. 91CW191, Division 5 Water Court. Legal Description: NE¼ NE¼ of Section 16, Township 7 South, Range 80 West of the 6th P.M. at a point 660 feet from the East section line and 670 feet from the North section line. Source: Eagle River alluvium, tributary to Eagle River and Colorado River. Appropriation Date: November 16, 1990. Amount: 50 gpm total; 15 gpm absolute; 35 gpm conditional. Uses: Domestic, commercial, irrigation, and fire protection. Depth: 70 ft. Fourth Claim: Storage Well (permit no. 50977- F). Original Decree: July 6, 1993, Case No. 91CW191, Division 5 Water Court. Legal Description: SW¼ SE¼ of Section 9, Township 7 South, Range 80 West of the 6th P.M. at a point 1480 feet from the East section line and 320 feet from the South section line. Source: Eagle River alluvium, tributary to Eagle River and Colorado River. Appropriation Date: November 16, 1990. Amount: 50 gpm total; 15 gpm absolute; 35 gpm conditional. Uses: Domestic, commercial, irrigation, and fire protection. Depth: 57 ft. Irrigated area for all claims: 1.15 acres in the S ½, SE ¼ of Section 9 and the NE ¼, NE ¼ of Section 16, Township 7 South, Range 80 West of the 6th P.M. General place of use for all claims: 007088 Highway 24; 80+ acres in Sections 9 & 16, Township 7 South, Range 84 West of the 6th P.M. in Eagle County. Applicant owns the land where all water rights are located and are or will be put to beneficial use. Map of all water rights is on file with the Court as Exhibit A. Map of place of use is on file with the Court as Exhibit B. Description of work done towards completion of appropriation, including expenditures, is on file with the Court as Exhibit C. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3014 MESA COUNTY - COLORADO RIVER; A&G Partnership, LLP; c/o John R. Pierce and Bruce C. Walters, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND FOR ALTERNATE POINT OF DIVERSION; Name, address, and telephone number of Applicant: A&G Partnership, LLP; 710 South 15th Street; Grand Junction, CO 81501; (970) 242-8134; Request for finding of diligence: Name of structure: Fletcher Diversion; Description of conditional right: Original decree: Case No. W-2633; July 31, 1975,
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 15
Water Division 5; Subsequent decrees awarding findings of diligence: Case Nos. 13CW3013, 06CW130, 99CW236, 93CW86, 87CW112, 83CW46, and 79CW4, all in Water Division 5; Legal description: The decreed point of diversion for the Fletcher Diversion is at a point N. 00°56’56” W. 278.85 feet and N. 53°56’56” W. 600 feet from the East Quarter Corner of Section 29, T. 1 N., R. 2 W., Ute Meridian; Source: Colorado River; Appropriation date: June 1, 1973; Amount: 6.0 c.f.s. conditional; Use: Industrial, residential, commercial, recreation, fire protection, watering of animals, and lawn, shrub, and garden irrigation, either directly or through storage as decreed in Case No. W-2633; Outline of work toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The Fletcher Diversion is a critical component of Applicant’s plans to subdivide the property and will provide water for the uses listed above in support of that project. During the diligence period, Applicant determined that its development plans would require an additional point of diversion, which Applicant has requested below (“Fletcher AP #1”). Additionally, Applicant secured a license agreement with the City of Fruita, giving Applicant the right to use the City’s 8” pipeline to deliver irrigation water from the Fletcher AP #1 to Applicant’s development. Applicant intends to incorporate the Pipeline and the Fletcher AP #1 into its water delivery system – a system that includes the original Fletcher Diversion. During the diligence period, Applicant also constructed a road to improve access along the Pipeline and to the Fletcher AP #1. Because the Fletcher AP #1 is located on a small inholding owned by the Bureau of Land Management (“BLM”), Applicant has engaged with BLM in this matter and submitted an application to secure a permit for a right-of-way. That right-of-way, once granted, will allow Applicant to connect the Pipeline to the Fletcher AP #1. Applicant requests that the Court confirm the Fletcher Diversion and Fletcher AP #1 are individual components of an integrated water supply system pursuant to C.R.S. § 37-92-301(4)(b) so that diligence shown for one of the rights shall constitute evidence of diligence for the other; Application for alternate point of diversion: Fletcher Diversion, AP #1; Decreed water right for which change is sought: Fletcher Diversion; Date of original decree: The Fletcher Diversion was first decreed on July 31, 1975, in Case No. W-2633; Legal description of alternate point of diversion: The Fletcher Diversion, AP #1 is located in the SE/4 SW/4 of Section 20, Township 1 North, Range 2 West, Ute P.M at a point 113 feet from the south section line and 2,107 feet from the west section line. UTM Zone 12 North, NAD83, 696,125 mE, 2,107 mN; Source: Colorado River; Appropriation date: June 1, 1973; Amount decreed to structure: 6.0 c.f.s., conditional; Decreed use: Industrial, residential, commercial, recreation, fire protection, watering of animals, and lawn, shrub, and garden irrigation, either directly or through storage as decreed in Case No. W- 2633; Amount of water that Applicant intends to change: 6.0 c.f.s. for all decreed uses, either directly or through storage as decreed in Case No. W-2633; Detailed description of proposed change: Applicant seeks to change the water right decreed to the Fletcher Diversion to allow the Fletcher AP #1 to be used as an alternate point of diversion for that water right. Because the water right decreed to the Fletcher Diversion remains conditional, Applicant requests to change the full amount of the contemplated draft associated with the uses authorized in the original decree in Case No. W-2633, including a pump station, pipeline, and storage structure, and to make use of the 6.0 c.f.s. for all decreed uses on 452 acres on Applicant’s property. To avoid an expansion of use, Applicant will limit diversions from the Fletcher Diversion and the Fletcher AP #1 to a combined maximum of 6.0 c.f.s. WHEREFORE, Applicant respectfully requests the Court enter a decree which approves a finding of reasonable diligence with regard to the conditional water right decreed to the Fletcher Diversion for 6.0 c.f.s. as described above; approves and decrees an alternate point of diversion for the conditional water right associated with the Fletcher Diversion, as described above; determines that the Fletcher Diversion and Fletcher AP #1 are part of an integrated water supply system to serve Applicant’s property and that diligence with respect to one component of the integrated system shall constitute diligence with respect to the other components; and grants to Applicant such other and additional relief as the Court deems just and proper. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3015 PITKIN COUNTY. SNOWMASS CREEK, TRIB. TO ROARING FORK RIVER, TRIB. TO COLORADO RIVER. Applicant: Steven B. Knudson, 4643 S. Ulster St., Ste. 1400, Denver, CO 80237. Please direct all pleadings and correspondence to Applicant’s counsel, William H. Caile, Esq., and Kylie J. Crandall, Esq., Holland & Hart LLP, 555 17th Street, Suite 3200, Denver CO 80202, telephone: (303) 295-8403, email: [email protected]. APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. 2. Overview of Application. Applicant owns property with the address 3768 Snowmass Creek Road, Snowmass, Colorado, 81654. There is one existing pond on the property, and Applicant proposes to construct two additional ponds. The existing and proposed ponds are fed by water from the Walter Ditch. Applicant intends to use the ponds for piscatorial, wildlife, stock watering, aesthetic, recreational, and fire protection purposes. As well, the ponds will serve as forebay structures for irrigation use of Applicant’s senior water rights in the Walter Ditch. This Application seeks conditional water storage rights for the three ponds and a junior surface water right in the Walter Ditch to deliver water to the ponds. As well, this Application seeks approval of a plan for augmentation including exchange to replace out-of-priority depletions associated with surface evaporation from the ponds. CLAIM FOR WATER STORAGE RIGHTS. 3. Name of Reservoirs: Wapiti Ranch Pond Nos. 1, 2 and 3
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 16
(collectively, “Wapiti Ranch Ponds”). 4. Description of Water Rights: A. Wapiti Ranch Pond No. 1. i. Legal description of dam centerline: UTM Zone 13, NAD83 coordinates 4350817.1 Northing and 331109.9 Easting measured by GPS device. Such location is also identified as NE 1/4 of NE 1/4 of Section 11, Township 9 South, Range 86 West of the 6th P.M, at a distance 600 feet from the North section line and 1,030 feet from the East section line. A map depicting the location of the Wapiti Ranch Ponds is attached hereto at Exhibit 1. ii. Source: Walter Ditch Wapiti Ranch Enlargement, see paragraph 7 below. iii. Appropriation date: January 31, 2020. iv. How appropriation was initiated: By formation of necessary intent and overt acts sufficient to put other parties on notice, including but not limited to the filing of the application herein. v. Date water applied to beneficial use: N/A. vi. Amount claimed: 1.2 acre feet, CONDITIONAL. vii. Use: Piscatorial, wildlife, stock watering, aesthetic, recreational, fire protection. viii. Surface area at high water line: 0.3 acres. ix. Approximate vertical height of dam: 6 feet. x. Length of dam: 250 feet. xi. Total capacity of reservoir: 1.2 acre feet. xii. Active storage: 1.2 acre feet. xiii. Dead storage: 0 acre feet. B. Wapiti Ranch Pond No. 2. i. Legal description of dam centerline: UTM Zone 13, NAD83 coordinates 4350791.9 Northing and 331131.7 Easting, measured using a GPS device. Such location is also identified as NE 1/4 of NE 1/4 of Section 11, Township 9 South, Range 86 West of the 6th P.M, at a distance 685 feet from the North section line and 965 feet from the east section line. i. Source: Walter Ditch Wapiti Ranch Enlargement, see paragraph 7 below. ii. Appropriation date: January 31, 2020. iii. How appropriation was initiated: By formation of necessary intent and overt acts sufficient to put other parties on notice, including but not limited to the filing of the application herein. iv. Date water applied to beneficial use: N/A. v. Amount claimed: 0.4 acre feet, CONDITIONAL. vi. Use: Piscatorial, wildlife, stock watering, aesthetic, recreational, fire protection. vii. Surface area at high water line: 0.1 acres. viii. Approximate vertical height of dam: 6 feet. ix. Length of dam: 110 feet. x. Total capacity of reservoir: 0.4 acre feet. xi. Active storage: 0.4 acre feet. ii. Dead storage: 0 acre feet. C. Wapiti Ranch Pond No. 3. i. Legal description of dam centerline: UTM Zone 13, NAD83 coordinates 4350612.0 Northing and 331451.9 Easting, measured using a GPS device. Such location is also identified as NW 1/4 of NW 1/4 of Section 12, Township 9 South, Range 86 West of the 6th P.M., at distance 1,260 feet from the North section line and 90 feet from the West section line. ii. Source: Walter Ditch Wapiti Ranch Enlargement, see paragraph 7 below. iii. Appropriation date: January 31, 2020. iv. How appropriation was initiated: By formation of necessary intent and overt acts sufficient to put other parties on notice, including but not limited to the filing of the application herein. v. Date water applied to beneficial use: N/A. vi. Amount claimed: 2.75 acre feet, CONDITIONAL. vii. Use: Piscatorial, wildlife, stock watering, aesthetic, recreational, fire protection. viii. Surface area at high water line: 0.4 acres. ix. Approximate vertical height of dam: 9 feet. x. Length of dam: 250 feet. xi. Total capacity of reservoir: 2.75 acre feet. xii. Active storage: 2.75 acre feet. iii. Dead storage: 0 acre feet. 5. Name and Address of Owner of Land Where Structures are Located: Applicant (see above). CLAIM FOR SURFACE WATER RIGHT. 6. Name of Structure: Walter Ditch Wapiti Ranch Enlargement. 7. Description of Water Right: A. Legal description of point of diversion: The decreed legal description for the point of diversion of the Walter Ditch is in the NE 1/4 of the NE 1/4 of Section 14, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 900 feet from the East section line and 50 feet from the North section line. A more accurate location of the point of diversion for the Walter Ditch is UTM Zone 13, NAD83 coordinates 4350613.9 Northing and 331446.1 Easting, measured using a GPS device. A map depicting the location of the point of diversion of the Walter Ditch is on file with the Court as Exhibit 1. B. Source: Snowmass Creek, tributary to Roaring Fork River. C. Appropriation date: January 31, 2020. D. How appropriation was initiated: By formation of necessary intent and overt acts sufficient to put other parties on notice, including but not limited to the filing of the application herein. E. Date water applied to beneficial use: N/A. F. Amount claimed: 1.0 cfs, CONDITIONAL. G. Use: Piscatorial, wildlife, stock watering, aesthetic, recreational, fire protection. 8. Name and Address of Owners of Land Upon Which Structures are Located: A. Applicant (see above). B. Aspen Camp School for the Deaf, 4862 Snowmass Creek Road, Snowmass, CO 81654. REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. 9. Structures to be Augmented: Wapiti Ranch Ponds (see paragraph 4, above) and Walter Ditch Wapiti Ranch Enlargement (see paragraph 7, above). 10. Water Rights to Be Used for Augmentation: Basalt Water Conservancy District (“BWCD”) water rights, to be supplied pursuant to a water allotment contract between BWCD and Applicant. A. Green Mountain Reservoir: i. Source: Blue River, tributary of Colorado River. ii. Legal description: Located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. iii. Adjudication Date: October 12, 1955. iv. Appropriation Date: August 1, 1935. v. Case Nos.: 2782, 5016, and 5017, United States District Court, District of Colorado; and Case No. 88CW022, District Court, Water Division No. 5. vi. Decreed Amount: 154,645 acre-feet and a refill right in the amount of 3,856 acre-feet absolute and 150,789 acre-feet, conditional. vii. Decreed Uses: In accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. B. Ruedi Reservoir: i. Source: Frying Pan River, tributary of Colorado River. ii. Legal description: An on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. iii. Adjudication Date: June 20, 1958. iv. Appropriation Date: July 29, 1957. v. Case No.: C.A. 4613, Garfield County District Court. vi. Decreed Amount: 102,369 acre-feet (Originally decreed for 140,697.3 acre-feet; reduced to 102,369 acre-feet in Case No. W-789-76). vii. Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. viii. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre-feet, conditional. In Water Court Case No. 95CW95, 44,509 acre-feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre-feet of the refill right was made absolute, for a total of 69,766 acre-feet absolute in the refill right. C. Information from previous decrees for Troy Ditch and Edith Ditch rights: Structure Priorit Adj. Date App. Date Use Amount Sold, Transferred or Reserved Amount y Remaining (10)
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Court Decreed (4) (5) (6) (7) (8) (9) C.F.S. AF Case Amount No. (c.f.s.) Troy 370 3082 08/25/193 05/01/190 5.10 I 0.000 0.000 0.09 0.06 0.035 4.906 N/A Ditch (1) 6 6 5 4 Troy 427 3082 08/25/193 05/01/192 10.80 I 0.000 0.000 0.20 0.13 0.073 10.39 N/A Ditch 1st 6 8 0 4 3 Enlg Troy 669 4613 06/20/195 06/01/194 6.20 I 0.000 0.000 0.11 0.07 0.042 5.966 N/A Ditch 2nd 8 2 5 7 Enlg Edith 353 3082 08/25/193 05/01/190 2.72 I 0.110 0.132 0.05 0.00 0.018 2.410 N/A Ditch 6 4 0 0 0 Edith 673 4613 06/20/195 07/01/194 3.23 I 0.000 0.000 0.06 0.00 0.022 3.148 N/A Ditch 1st 8 6 0 0 Enlg Troy (2) W- 15.50(3) I,D, 0.110 0.132 0.52 0.27 0.190 14.27 412.8 Ditch 2281 M 0 0 5 3 9 Water C,P System aka Lower Headgate (1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 c.f.s. and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 c.f.s. and 10.60 c.f.s. was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre-feet of annual consumptive-use credits were available to these ditches, and that 300 acre-feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre-feet of the 453 acre-feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgate on the Frying Pan River. D. Information from previous decrees for Robinson Ditch rights: i. Structure Decree Amount Adj. Date App. Date Case d Owned Priorit No. (2) Amoun by y t (cfs) BWCD (c.f.s.)(1) ROBINSON 1.21 05/11/188 06/15/188 38 1 DITCH 5.00 9 2 32 ROBINSON 0.60 05/11/188 04/15/188 140 1 DITCH 2.50 9 6 32 ROBINSON 0.48 05/11/188 11/15/188 167 1 DITCH 2.00 9 6 32 ROBINSON 2.59 12/29/190 04/25/189 212C 1 DITCH 10.70 3 9 061 ROBINSON 4.85 08/25/193 04/25/190 326 3 DITCH 20.06 6 0 082 (1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 c.f.s. of the 40.26 c.f.s. decreed to the Robinson Ditch. (2) District Court in and for Garfield County.
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 18 ii. Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. iii. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre-feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. 11. Statement of Plan for Augmentation: A. The Wapiti Ranch Ponds will be filled and refilled in priority with water diverted from Snowmass Creek through the Walter Ditch. The net evaporative loss from the Wapiti Ranch Ponds is estimated to be approximately 2.7 acre feet annually. B. When there is a valid senior call on the Roaring Fork River or Colorado River, downstream of the confluence of the Roaring Fork River and Fryingpan River, but no corresponding call above the confluence, Applicant proposes to replace out-of-priority depletions caused by surface evaporation from the Wapiti Ranch Ponds using BWCD water rights described above pursuant to a water allotment contract between Applicant and BWCD. C. When there is a valid senior call on Snowmass Creek, downstream of the Walter Ditch headgate, or downstream on the Roaring Fork River above the confluence with the Fryingpan River, Applicant proposes to lower water levels in the Wapiti Ranch Ponds commensurate with depletions caused by surface evaporation from the ponds to ensure that there is no out-of-priority storage. D. Applicant will install and maintain such measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation water provided is sufficient to replace out-of-priority depletions pursuant to the plan approved herein. Releases of augmentation water will be measured and recorded in a manner acceptable to the Division Engineer. 12. Appropriative Right of Exchange: Applicant claims a conditional appropriative right of exchange to augment depletions associated with the Wapiti Ranch Ponds and Walter Ditch Wapiti Ranch Enlargement by exchange from the downstream location where the BWCD water rights are delivered. A. Exchange reach: i. Upstream points: Walter Ditch headgate, as described in paragraph 7.A above. ii. Downstream point: The confluence of the Roaring Fork River and the Colorado River. iii. A map depicting the approximate extent of the exchange reach is on file with the Court as Exhibit 2. B. Appropriation: i. Appropriation date: January 31, 2020. ii. How appropriation was initiated: By formation of necessary intent and overt acts sufficient to put other parties on notice, including but not limited to the filing of the application herein. C. Rate of exchange: 0.008 cfs, CONDITIONAL. D. Use: Augmentation in the plan for augmentation described herein. 13. Name and Address of Owners of Land Upon Which Structures are Located: A. Applicant (see above). B. Aspen Camp School for the Deaf, 4862 Snowmass Creek Road, Snowmass, CO 81654. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3016 GRAND COUNTY, NORTH FORK OF THE COLORADO AND COLORADO RIVERS, Edward and Callae Rounds, 279 S. Euclid Avenue, Pasadena, CA 91101, c/o Michael J. Sawyer, KARP NEU HANLON, P.C., 201 14th Street, Suite 200, P. O. Drawer 2030, Glenwood Springs, CO 81602, (970) 945-2261. FIRST AMENDED APPLICATION FOR CHANGE OF WATER RIGHT AND FOR FINDING OF REASONABLE DILIGENCE. First Claim: Application for Change of Water Right Mountain Meadows Well No. 1. Original Decree: December 21, 1987, in Case No. 87CW184, in the District Court in and for Water Division No. 5. Subsequent Decrees Case Nos. 93CW249, 00CW52, 07CW35, and 13CW3090. Legal description: The Mountain Meadows Well No. 1 is decreed to be located in the Northeast ¼ of the Northeast ¼ of Section 14, Township 3 North, Range 76 West of the 6th P.M., at a point whence the Northeast Corner of said Section 14 bears North 68º12’ East a distance of 1,077 feet. Source: Groundwater tributary to the North Fork of the Colorado River, tributary to the Colorado River. Appropriation date: June 9, 1987. Amount: 15 g.p.m. (or 0.033 c.f.s.), conditional. Uses: In house domestic use. Request for Change of Decreed Location of Water Right: Applicant requests a change of decreed location for the Mountain Meadows Well No. 1 Water right to a new location. Description of change of location: 200 ft South of the North section line, 600 ft West of the East section line, Section 14, Township 3 North, Range 76 West of the 6th P.M., Tract 1, North Fork Acres Subdivision Exemption Recorded in the Grand County Records at Reception No. 268202, the current decreed location is more than 200 feet from the proposed location on Tract 1. Describe reason for change of location: Move the decreed location of Mountain Meadows Well No. 1 on to Tract 1 where it will be drilled. The current decreed location is more than 200 feet from the proposed location on Tract 1. Second Claim: Application for Change of Water Right Mountain Meadows Well No. 2. Date of original decree: December 21, 1987, in Case No. 87CW184 in the District Court in and for Water Division No. 5., Subsequent decrees awarding findings of diligence: Subsequent Decrees: Case Nos. 93CW256, and 00CW204. Legal description: Mountain Meadows Well No. 2 is located in the Northeast 1/4 of the Northeast 1/4 of Section 14, Township 3 North, Range 76 West of the 6th P.M. at a point whence the Northeast corner of said Section bears North 75°58' East a distance of 618 feet. Source: Groundwater Tributary to the North Fork of the Colorado River. Appropriation date: June 9, 1987. Amount: 8 g.p.m. (0.018 c.f.s.). Uses: Ordinary household purposes inside one single family dwelling and not used for any outside purpose. Depth: 44 feet. Request for Change of Decreed Location of Water Right: Applicant requests a change of decreed location for the Mountain Meadows Well No. 2 Water right.
JANUARY 2020 RESUME WATER DIVISION 5 PAGE 19
630 ft South of North section line, 705 ft West of the East section line, Section 14, Township 3 North, Range 76 West of the 6th P.M., Tract 2, North Fork Acres Subdivision Exemption Recorded in the Grand County Records at Reception No. 268202. Describe reason for change of location: the current decreed location is more than 200 feet from the actual location of the well. Third Claim: Application for Finding of Reasonable Diligence Mountain Meadows Well No. 1. Original Decree: December 21, 1987, in Case No. 87CW184, in the District Court in and for Water Division No. 5. Subsequent Decrees: Case Nos. 93CW249, 00CW52, 07CW35 and 13CW3090. Legal description: The Mountain Meadows Well No. 1 is located in the Northeast ¼ of the Northeast ¼ of Section 14, Township 3 North, Range 76 West of the 6th P.M., at a point whence the Northeast Corner of said Section 14 bears North 68º12’ East a distance of 1,077 feet, as changed pursuant to the Second Claim for Relief herein. Source: Groundwater tributary to the North Fork of the Colorado River, tributary to the Colorado River. Appropriation Date: June 9, 1987. Amount: 15 g.p.m. (or 0.033 c.f.s.), conditional. Uses: In house domestic use. Claim for diligence: Applicant requests a finding of diligence for 15 g.p.m. (or 0.033 c.f.s.), conditional, for the Mountain Meadows Well No. 1 for in house domestic use. Landowner: Applicant. Diligence activities: The Application contains a detailed outline of what has been done by Applicant during the diligence period toward or for completion of the appropriation and application of the conditional water rights to beneficial use as decreed, including expenditures. (8 pp. with exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.
20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JANUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW11(93CW46, 99CW181, 06CW3, 12CW145) PITKIN COUNTY-WARREN CREEK TRIBUTARY TO THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. James F. Hunting; 44125 Hwy. 82: Aspen, CO 81611. (970)925- 6260. Kuhne Pond Ditch and Kuhne Pond-Amended Application for Finding of Reasonable Diligence and to Make Absolute in Whole or in Part. The application was amended to include claims to make portions of the Kuhne Pond Ditch and Kuhne Pond absolute, as described below. Locations: Kuhne Pond Ditch- NW¼SE¼SE¼ of Sec. 20, T.10S, R.84W. of the 6th P.M. at a point approximately 1,300 ft. north of the south sec. line and 720 ft. west of the east sec. line. Kuhne Pond-NW¼SE¼SE¼ of Sec. 20, T.10S, R.84W. of the 6th P.M. at a point approximately 1,220 ft. north of the south sec. line and 850 ft. west of the east sec. line. Appropriation date for both structures: Feb. 25, 1987. Amounts Claimed as Absolute: Kuhne Pond Ditch:0.25 c.f.s. absolute for irrigation uses on June 1, 2012 YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.