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Pursuant to C.R.S., §37-92-302, As

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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AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2005. 1. 05CW118 WILL NOT BE PUBLISHED IN THIS RESUME. 2. 05CW119 APPLICATION FOR AMENDMENT TO PLAN FOR AUGMENTATION concerning the Application for Water Rights of TYL Ranch, LLC. In Summit County, Colorado. District Court, Water Division No. 5, State of Colorado, Garfield County Courthouse, 109 – 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of Applicant: TYL Ranch, LLC, P.O. Box 1847, Silverthorne, CO 80498. Copies of all pleadings to: Glenn E. Porzak, P. Fritz Holleman, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800.2. Introduction Applicant was decreed new storage rights, changes of existing rights, and a plan for augmentation in Case No. 00CW303, District Court, Water Division No. 5. The purpose of the application in Case No. 00CW303 was to accommodate new and changed water uses on the TYL Ranch (the “Ranch”). The Ranch consists of approximately 450 acres of deeded ground in Sections 24, 25 and 26, T. 4 S., R. 78 W. of the 6th P.M., Summit County, Colorado. This application is submitted to add an additional, alternative source of augmentation water to the augmentation plan adjudicated in Case No. 00CW303. The sources of augmentation water identified and decreed in Case No. 00CW303 are sufficient, and will continue to be relied on by Applicant, but the addition of the alternative source of augmentation water described below will allow greater flexibility and more efficient water management on the Ranch. Applicant proposes that this amended augmentation plan be subject to the same terms and conditions set forth in the decree in Case No. 00CW303. The augmented structures identified in Case No. 00CW303 are described in paragraph 3 below. The augmentation sources identified in Case No. 00CW303 are described in paragraph 4 below. The additional, alternative source of augmentation water claimed in this application is described in paragraph 5. 3. Augmented Structures: A. South Pond. This right was decreed in Case No. 00CW303 for 4 acre-feet absolute, for recreational, piscatorial, wildlife, stock watering, storage, and augmentation purposes. The appropriation date is July 1, 1999. The source for this pond is Bushee Creek, via the Winegard Ditches to Winegard Pond Nos. 1, 2 and 3, and then through a culvert to the South Pond. The center of the pond is located in the SW 1/4 NE 1/4 of Section 26, T. 4 S., R. 78 W., at a point approximately 2670 feet from the North line and 1650 feet from the East line of said Section 26. This pond has a surface area of .65 acres. B. Pump Pond. This right was decreed in Case No. 00CW303 for 1 acre foot absolute, for irrigation, storage, and augmentation purposes. The appropriation date is July 1, 2000. The source for this pond is Bushee Creek, via the Sondregger No. 2 Ditch. The center of the pond is located in the SE 1/4 NE 1/4 of Section 26, T. 4 S., R. 78 W., at a point approximately 1980 feet from the North line and 390 feet from the East line of said Section 26. This pond has a surface area of .12 acres. C. House Ponds 1, 2 and 3. These rights were decreed in Case No. 00CW303 for 2.00 acre-feet absolute, for recreational, piscatorial, wildlife, aesthetic, stock watering, irrigation, storage, and augmentation purposes. The appropriation date is July 1, 1999. The source for this series of ponds is the North Fork and/or the South Fork of Bushee Creek, via water diverted at the alternate points of diversion for the Sondregger No. 5 Ditch. The ponds are located in the NW 1/4 SE 1/4 of Section 24, T. 4 S., R. 78 W. These small ponds have a combined surface area of 0.25 acres. D. Changed Ditch Rights. The decree in 00CW303 also added points of diversion, new places of use and new purposes of use to the following ditch rights located on the Ranch: a. Sondregger Ditch, b. Sondregger Ditch No. 2, c. Sondregger Ditch No. 4, d. Sondregger Ditch No. 5, e. Winegard Ditch No. 1, f. Winegard Ditch No. 2. 4. Augmentation Sources Decreed in Case No. 00CW303: The decree in Case No. 00CW303 dedicated 9.58 acre feet of historic consumptive use credit associated with the Sondregger No. 2 Ditch, and 1.20 acre feet of historic consumptive use credit associated with the Sondregger No. 5 Ditch, to cover out of priority depletions from the augmented structures. 5. Additional Augmentation Water: Applicant has now acquired 2.36 acre feet of historic consumptive use credit associated with the Valaer Ditch, Water District No. 36, Priority No. 351, decreed for a total of 25 cfs with an appropriation date of February 2, 1941, and an adjudication date of March 10, 1952, as changed by the District Court in and for Water Division No. 5 in Case No. 79CW145. The source for this water right is the Blue River, upstream from the Ranch. 6. Description of the plan for augmentation: The plan for augmentation decreed in Case No. 00CW303 recognized that Applicant had a net annual surplus of augmentation credit from the Sondregger No. 2 Ditch and the Sondregger No. 5 Ditch water rights mentioned above, but required Applicant to make storage releases from the South Pond, and/or Winegard Pond 3 and/or Winegard Pond 4 in any month when the available augmentation credits are insufficient to replace the monthly out of priority diversions from the augmented structures. By the amendment to the augmentation plan in this application, the Valaer Ditch water described in paragraph 5 above will be used as it is available as an alternative augmentation source to cover any monthly shortfall. In this manner, Applicant will attempt to minimize any storage releases from the mentioned ponds that might otherwise be required. 7. Terms and conditions: This amended augmentation plan will be subject to the terms and conditions decreed in Case No. 00CW303. The accounting form developed to implement the augmentation plan decreed in Case No. 00CW303 will continue to be used, with the addition of changes to indicate when the Valaer Ditch augmentation water is used in lieu of storage releases from the mentioned ponds on the Ranch. WHEREFORE, Applicant requests that this Court enter a decree that: A. Approves the amended plan for augmentation described in paragraph 6 above; B. Finds that as a result of the subject plan for augmentation, there will be no injury to any owner of or persons entitled to use water under a vested or decreed conditional water right. (5 pages) 3. 05CW120 GRAND COUNTY, Steve and Suzanne Johnson, c/o Holland & Hart, 600 E. Main Street,#104, Aspen, Colorado 81611 (970) 925-3476. Shane J. Harvey, Arthur B. Ferguson, Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611, (970) 925- 3476. Ski Ranch Estates Well #1; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; Date of Original Decree: November 18, 1986; Case No.: 85CW164; Location of Diversion: The location of the Ski Ranch Estates Well #1 is located in the N 1/2 of the SE 1/4 of the NW 1/4 and the E1/2 of the SW 1/4 of the NW 1/4 of Section 24, Township 1 South, Range 76 West of the 6th P.M. on Lot 1, Ski Ranch Estates Subdivision, as set forth on the final plat thereof recorded in the Grand County real property records; Source: Water tributary of the Fraser River; Appropriation Date: June 19, 1985; Amount: 0.31 c.f.s. conditional for the JULY 2005 RESUME WATER DIVISION 5 PAGE 2 subject single well; Use: domestic in-house use and fire protection. Outline of what has been done over the past six years toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, is set forth in the Application. (4 pages) 4. 05CW121 (99CW26) MESA COUNTY-REED WASH TRIBUTARY TO THE COLORADO RIVER. Thyrill Johnson; 1342 14 Road; Loma, CO 81524 (970)270-1193. Johnson Ditch-Application to Make Absolute. Location: NW¼SW¼ of Sec. 35, T.2N, R.3W. of the 6th P.M. 2,630 ft. from the north sec. line and 30 ft. from the west sec. line. Appropriation: April 1, 1993. Amount: 0.25 cfs, absolute. Use: irrigation and stock water. Application contains details of work completed during the diligence period. (2 pages) 5. 05CW122 WILL NOT BE PUBLISHED IN THIS RESUME. 6. 05CW123 (C.A. 1263) GARFIELD COUNTY-ALKALI CREEK. Robert & Rosemary Patterson; 228 C.R. 343; Silt, CO 81652 (970) 876-2653. J.S. Porter Ditch-Application for Change of Water Right and To Make Absolute. Decreed Point of Diversion: NW¼ of Sec. 36, T.7S, R92W. of the 6th P.M. bears N38°32’West 1,892.2 ft. Appropriation: Jan. 22, 1907. Amount: .800 cfs, absolute. Historic Use: Water decreed to the J.S. Porter Ditch was historically diverted at the decreed location and used for irrigation of land in the NW¼SW¼ and W½NW¼ of Sec. 25 and the SE¼NE¼ and NW¼SE¼ of Sec. 26, all in T.7S, R.92W. of the 6th P.M. Proposed Change of Point of Diversion: The original ditch proved difficult to maintain and at some point a much shorter ditch was constructed upstream of the decreed location.
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