Pursuant to C.R.S., §37-92-302, As

PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JUNE 2002. CONCERNING THE TABULATION OF WATER RIGHTS Notice is hereby given that, pursuant to Section 37-92-401, C.R.S. (2001), the Division Engineer, with the approval of the State Engineer, has made such revisions as were determined to be necessary or advisable to the July 1, 2000 tabulation of all decreed water rights and conditional water rights in Water Division No.5. The 2002 tabulation also reflects judgments and decrees that the courts entered prior to January 1, 2002. The tabulation may not include certain water rights claimed in pending or recently concluded proceedings. The tabulation lists the current status of decreed water rights in order of seniority. The current status is represented by the net amounts of absolute and conditional water rights, along with alternate points of diversion and exchanges. These net amounts are determined by adding the total of original or supplemental water rights to transfers made to the structure, and subtracting transfers made from the structure and abandonments. Conditional rights made absolute are added into the net absolute amount, and subtracted from the net conditional amount. Net amounts are computed and reported by structure and priority date. The Division Engineer, the State Engineer, and their staffs may use this tabulation for administrative purposes. The relative listing of water rights in the tabulation shall not create any presumption of seniority, nor shall the listing of water rights in the tabulation create any presumption against abandonment. The tabulation shall not be construed to modify special provisions of court decrees adjudicating, changing, or otherwise affecting such water rights or to modify contractual arrangements governing the interrelationship of such water rights. This tabulation may include additional information regarding the water rights herein for purposes of identification and description, but this additional information is neither conclusive nor presumptive as to the truth and accuracy of the matters obtained therein. The tabulation may be inspected at the offices of the Division Engineer, the State Engineer, each Water Commissioner and the Water Clerk at any time during regular office hours. The State Engineer or Division Engineer will furnish a paper copy of the tabulation for a fee of ten dollars ($10) per division. SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST House Bill 02-1414 [section 37-92-308, C.R.S. (2002)] directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of substitute water supply plans. To receive this information by first-class mail or electronic mail, submit your name, mailing address (or e-mail address), daytime telephone number and water division(s) to: Substitute Water Supply Notification List Colorado Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Or by e-mail to: [email protected]. There is a $12 fee for this information per calendar year, per water division. The fee may be paid by Visa, MasterCard, check or money order payable to the Colorado Division of Water Resources. If paying by credit card, please include the credit card number and expiration date. To be notified of currently pending plans, the Division of Water Resources must receive your information and fee on or before Wednesday, July 31, 2002. Additional information regarding Substitute Water Supply Plans is in Office of the State Engineer Ground Water Policy 2002-2, which is available at http://water.state.co.us/pubs/policies.asp Questions may be directed to the Division of Water Resources at (303) 866-3581. 1. 02CW133 PITKIN COUNTY. SNOWMASS CREEK. Aspen Camp School for the Deaf, c/o Patrick, Miller & Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR HEXENNIAL FINDING OF REASONABLE DILIGENCE. Name of structure: ADC Well No. 2. Description of conditional water right: Date of original Decree: May 28, 1996. Legal description: A well situate in the SE¼ of the SE1/4 of Section 11, Township 9 South, Range 86 West of the 6th P.M., the proposed well being N 51°49’00” W 1108 feet from the southeast corner of said Section 11 (Pitkin County). Source: Alluvium of Snowmass Creek, a tributary to the Roaring Fork River. Appropriation date: November 18, 1994. Amount: 0.055 cfs (25 gpm), conditional. Use: Domestic, commercial school operations, irrigation, stockwatering and fire protection. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: The Aspen Camp School for the Deaf has spent approximately $2800 and received in-kind donations of over $5000 of work and equipment towards constructing their integrated water supply system, which is comprised of the ADC Pump and Pipeline, the ADC Ditch, the ADC Pond System and the ADC Well Nos. 1, 2 and 3. The ADC Pump and Pipeline has been constructed to its full decreed capacity, and has, to date, irrigated approximately 0.5 acres of landscaping around the main lodge and dormitory cabins since Summer 1997. The ADC Pump and Pipeline is also utilized for recreation, nature studies, and is an alternate source of delivery water to storage in the ADC Pond. The ADC Ditch has been constructed to its full decreed capacity. To date, this structure has also and has been utilized to irrigate 3 acres of grass, trees and landscaping since 1997, and delivers water into storage in the ADC Pond. The ADC Ditch is also used for piscatorial and recreational purposes. The ADC Pond has been constructed JUNE 2002 RESUME WATER DIVISION 5 PAGE 2 to 0.144 acre feet. The ADC Pond has been used since 1997 for the purposes of recreation (fishing), nature studies, piscatorial, augmentation and exchange, and wildlife watering. The ADC Well No. 2 has not yet been drilled, but is part of the integrated water supply system as decreed in Case No. 94CW371. If claim to make absolute, date, use and amount of water applied to beneficial use: N/A. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant. Previous Diligence Proceeding: None. (4 pages) 2. 02CW141 (W-819) MESA COUNTY-SHEEP CREEK, TRIBUTARY TO BUZZARD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO COLORADO RIVER. Merial Currier Vanderlaan; P.O. Box 27059; Denver, CO 80227 970-487-3368; 970-487-3418 or 303-738-9440. Currier Reservoir #2-Application for Change of Water Right. Location: 1600’ from East line and 3200’ from South line of Sec. 12, T.9S., R.93W., of the 6th P.M. Appropriation: September 15, 1961. Amount: 222.480 af. Use: irrigation and stock water. Detailed outline of proposed change is included in the application. (5 pages) 3. 02CW143 EAGLE COUNTY. FRAIZER CREEK. King Creek Ranch, c/o Patrick, Miller & Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. PROTEST TO REVISED ABANDONMENT LIST. Description of the Water Right. Name of Structure: Hadley Reservoir. Location and Legal Description: The initial point of survey of said reservoir is situated at a point whence the SE corner of Section 33, Township 1 North, of Range 83 West, of the 8th P.M., bears South 41° 15’ East 3010 feet. Court where decree entered: Water Court, Division 5. Date of Decree: June 24, 1921. Case No.: CA751. Source: Frazier Creek. Decreed Use(s): Irrigation. Appropriation Date: October 19, 1903. Decreed amount: 169.52 acre feet. Amount listed as having been abandoned: 169.52 acre feet. Former District Number and page Number where listed on Abandonment List: Water District 53; Page 1 of the December 31, 2001 Revised Abandonment List. State factual and legal basis for this protest: Protestant, King Creek Ranch, is the owner of the Hadley Reservoir and Reid Reservoir No. 3 water rights. There has historically been confusion over the location of the Hadley Reservoir, primarily because USGS topographic maps label a structure “Hadley Reservoir” (a/k/a Reid Reservoir No. 3) in Section 30 of Township 1 North, Range 83 West of the 7th P.M., whereas the decree for the Hadley Reservoir lists the reservoir in Section 33. Further, the Division Engineer’s Office has official diversion records for the Hadley Reservoir under the name of Hadley Reservoir and the identification number of 3968. The United States Forest Service inspected the Hadley Reservoir in July 1994 (please see attached letter – Exhibit A) and found that this reservoir was “….in good condition and requires little maintenance.” Protestant does not oppose abandonment of a reservoir structure located in Section 33 of Township 1 North, Range 83 West. However, Protestant does oppose any abandonment of the reservoir structure located in Section 30. The reservoir located in Section 30 (Reid Reservoir #3, a/k/a Hadley Reservoir) has been and continues to be used to its full capacity on the King Creek Ranch property and Protestant has no intent to abandon such reservoir. Additionally, to the extent diversion records have been historically credited to the structure in Section 33, Protestant requests that if the structure in Section 33 is abandoned, the diversion records under such structure be properly assigned to the structure in Section 30. Remarks: Protestant respectfully requests that the Hadley Reservoir be removed from the Division Engineer’s Abandonment List, or that records be clarified as to which reservoir structure is being abandoned.

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