PURSUANT TO C.R.S., 37-92-302, AS AMENDED, You are notified that the following pages comprise a resume of the applications and amended applications filed with the Water Clerk for Water Division 5 during the month of DECEMBER 1998.
1. 98CW226 (90CW130) EAGLE COUNTY - ROARING FORK RIVER. Gary Evans; P.O. Box 28007; El Jebel, CO 81628. Purchard Subdivision Well No. 1 (Permit # 041864F) - Application to Make Absolute a Conditional Water Right. Decreed: December 31, 1981, 81CW098. Location: NW1/4SE1/4 Sec. 27, T. 7 S., R. 88 W., 6th P.M. 1720 feet north of the south sec line and 2460 feet west of the east sec line. Appropriation: June 30, 1978. Amount: 0.055 cfs (25 gpm). Use: domestic and irrigation. The application contains a detailed outline of the work performed for completion of the appropriation and application of the water to beneficial use. (8 pages)
2. 98CW227 APPLICATION FOR SURFACE WATER RIGHTS & STORAGE RIGHTS OF: BUD STRONG FAMILY LLLP IN GARFIELD COUNTY, CO Applicant: Bud Strong Family LLLP c/o John E. Strong P.O. Box 264 Carbondale, CO 81623 970/963-1869 Robert B. Emerson #1123 c/o Robert B. Emerson P.C. Attorney for Applicant 86 S. 3rd St. Carbondale, CO 81623 970/963- 3700 CLAIM NOS. 1 & 2 SURFACE WATER RIGHTS Name of Structures: Strong Spring & Ppl Nos. 1 & 2 Legal desc. of ea pt of divrn: Strong Spring & Ppl Nos. 1 & 2 both located in Sec. 1 T. 7 S., R. 95 W. 6PM Strong Spring & Ppl No. 1 located 500 ft from E. sec line & 300 ft from No. sec. line of said Sec. 1. Strong Spring & Ppl No. 2 located 900 ft from E. sec line & 400 ft from N. sec line of said Sec. 1. Amount claimed for each Spring & Ppl is 0.50 cfs, cond. Source for each spring from separate unnamed trib., trib. to Colorado R. Dates of approp: Aug 14, 1998 How approp. initiated: field investigation w engr & intent to approp. Uses claimed for each spring: irr. of 20 acres in NE¼NE¼ of Sec. 1, t. 7 S., R. 95 W., SE¼SE¼ of Sec. 31, t. 6 S., r. 94 W.and NW¼NW¼ of Sec. 6, T. 7 S. R. 94 W. all 6 PM, livestock & storage in Strong Pond Nos. 1 -3. Owner of land on which water rights are located & used: Applicant CLAIM NOS. 3-5 STORAGE WATER RIGHTS Name of structures: Strong Pond Nos. 1-3. Legal descr. of each place of storage: center of Strong Pond No. 1 located in Sec. 36, T. 6 S., R. 95 W. 6PM, 450 ft form E. sec line & 500 ft form S. sec line of said Sec. 36. Center of Strong Pond No. 2 located in Sec. 6, T. 7 S., R. 94 W. 6PM, 300 ft from W. sec line & 150 ft from N. sec line of said Sec. 6. Center of Strong Pond No. 3 located in Sec. 1, T. 7 S., R. 95 W. 6PM, 900 ft from E. sec line & 200 ft from N. sec. line of said Sec. 1. Source for each pond is from seepage, return flows & runoff trib to unnamed tribs, trib to Colorado R. Strong Spring & Ppl Nos. 1 & 2 will also partially fill said ponds. Date of approp. for each pond: Aug 14, 1998. How approps. initiated: field investigation & intent to approp. Amount claimed: 2.0 AF each, cond. with right to fill & refill in priority. Uses claimed: Irr, stock & fish culture. Irr. in the same areas as irrigated with Strong Spring & Ppl Nos. 1 & 2. Surface area of high water line for each pond 0.25 acres. Max ht of each dam: 10 ft Length of each dam: 300 ft. Total capacity of each pond 2 AF Active capacity: 2 AF Dead storage: none Owner of land on which water rights located & used: Applicant. See Exhibit A attached map. (5 pages)
3. 98CW228 Garfield County - Big Draw Drainage, tributary to Colorado River. James R. & Judy H. Lemon; 6343 Cty Rd 301; Parachute, CO 81635; 970-625-2317; Application for Water Storage, Surface Water, Ground Water Rights and application for Augmentation Plan. First Claim: Storage right for Big Draw Res. The center point of res. is located 300 ft west of the E sec. line and 1350 ft south of the N sec. line of Sec. 6, Tp7S, R94W, 6th PM. Source is springs, seeps, return flow and spring time runoff. Date of appropriation is Aug 1, 1997 by intent to appropriate and a field investigation. Amount claimed is 5 af conditional for the use of storage, irrigation, domestic, stock, wildlife, evaporation losses, fire protection and augmentation purposes with the right to fill and refill in priority. Surface area at high water line is O.502 acres, max. dam height 15 feet, water depth not to exceed 10 feet, length of dam 125 feet, total storage 5 af, active storage 5 af, dead storage 0 af. Second Claim: Surface right for Big Draw Spring and Seep located 300 ft west of E sec. Line and 1500 feet south of N sec. line of Sec 6, Tp7S, R94W, 6th PM. Water source is spring and seeps with appropriation date of May 1, 1915 for livestock and wildlife and Aug 1, 1998 for all other uses. Appropriation was by the actual watering of livestock and wildlife and by intent to appropriate and field inspection. Uses claimed: domestic, storage, irrigation, livestock, wildlife watering, fire protection, evaporation losses and augmentation purposes. Amt. claimed: 0.044 cfs absolute for livestock and wildlife watering and conditional for all other uses. Third claim: Ground water right for Big Draw Wells 1-25 to be located within the boundary of the NE1/4 SE1/4, the SE1/4 NE1/4 of Sec 6 and Lot 4 of Sec 5 all in Tp7S, R94W, 6th PM with exact location determined prior to filing of well permits. Source is ground water within the CO River alluvial. Date of appropriation is Aug. 1, 1998 by intent to appropriate and field inspection. Amt. claimed is 0.033 cfs per well conditional. Uses: domestic in one house, livestock watering for two head and irrigation of not more than 1000 sq. ft. of land. Fourth Claim: Plan of Augmentation. The augmented structures are Big Draw Wells 1-25. Uses to augment are the evaporation losses of Big Draw Res., consumptive uses of 25 family dwellings, watering of 50 head of livestock, and irrigation of 0.573 acres. The domestic water supply for each family dwelling will be individual wells. The 5 af in Big Draw Res. is to be used for augmentation. All out of priority depletions will be stored in Big Draw Res. When the CO River system is on call and any of the above uses are out of priority the necessary amt. of water will be released from Big Draw Res. to satisfy the call. The above priorities could be out of priority in the months of July, Aug, Sept, and Oct. An average of 3.5 persons per household with an average use of 100 gal. per person per day and a 10% consumptive use factor utilizing septic tank and leach fields, and the irrigation consumptive use credit figure of 1.99 af were used to figure depletions. Livestock consume 10 gal. per day with 100% consumption. (5 pages)
4. 98CW229 APPLICATION FOR CHANGE OF WATER RIGHT OF THE TOWN OF FRISCO IN SUMMIT COUNTY. Name, address, and telephone number of applicant: Town of Frisco, c/o Clayton G. Brown, Town Manager, P. O. Box 4100, Frisco, CO 80443-4100, (970) 668-0836, c/o David L. Harrison, James R. Montgomery, Kelly J. Custer, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440. Decreed name of structures for which change is sought: Frisco Town Ditch and Frisco Well No. 5. Previous decrees: The Frisco Town Ditch was originally decreed March 2, 1910 in Case No. 1277, District Court, Summit County, for 7.934 cfs, absolute, with an appropriation date of June 23, 1904. 4.0 cfs of this right was first transferred to a new point of diversion on North Ten Mile Creek in Civil Action No. 1970, District Court, Summit County, and subsequently changed to its present point DECEMBER 1998 RESUME WATER DIVISION 5 Page 2
of diversion in Case No. 81CW035, District Court, Water Division No. 5, on December 15, 1981. The decreed point of diversion for the 4.0 cfs is located on the north bank of North Ten Mile Creek at a point in the SE1/4 NE1/4 of Section 33, Township 5 South, Range 78 West of the 6th P.M. in Summit County, whence the North Quarter Corner of Section 34 bears North 65°27' East 3609 feet distance. The remaining 3.934 cfs of the Frisco Town Ditch water right has been changed to new points of diversion at Frisco Well Nos. 1 through 7 in various water court cases. A portion of the Frisco Town Ditch water right was changed to a new point of diversion at Frisco Well No. 5 in Case No. 81CW115, District Court, Water Division No. 5, on December 6, 1981. The amount changed to the new point of diversion at Well No. 5 was 1.184 cfs. Well No. 5 is located in the NW1/4 SW1/4 of Section 26, Township 5 South, Range 78 West of the 6th P.M., at a point 1920 feet North of the South line and 120 feet East of the West line of said Section 26. Well Permit No. 29813-F was issued for this well. Both the Frisco Town Ditch and Frisco Well No. 5 were included as water rights to be augmented in Frisco's plan for augmentation and exchange, Case No. 87CW198, Water Division No. 5, decree entered February 6, 1995. Historical use: The Frisco Town Ditch water right, and Frisco Well No. 5, have historically been used for all municipal and domestic needs of the customers of the Town of Frisco water system. Well No. 5 is physically capable of diverting more water than provided under its current decrees and well permit. An application for a permit for increased supply will be filed with the State Engineer's Office. Proposed change: Applicant seeks to change an additional increment of the Frisco Town Ditch water right to an alternate point of diversion at Frisco Well No. 5. Specifically, applicant proposes to change 0.6 cfs of the 4.0 cfs currently divertable on North Ten Mile Creek to Well No. 5. The new total Frisco Town Ditch water right allowed to be diverted from Well No. 5 will be 1.784 cfs. Paragraph 19 of Frisco's augmentation plan decree, Case No. 87CW198, contemplates that Frisco may seek additional diversion capacity through its wells, particularly wells in the Meadow Creek drainage such as Well No. 5. That paragraph states that the addition of diversion capacity will not require a showing of actual historical use, so long as operations of the water rights are governed by the augmentation plan decree, and total diversions under the Frisco Town Ditch water right are limited to 7.934 cfs. The change sought herein will be operated in conformance with the augmentation plan decree, and total diversions under the Frisco Town Ditch will not exceed 7.934 cfs. Paragraph 20 of Frisco's augmentation plan decree states that so long as the plan for augmentation is operated in conformance with the requirements of the decree and with the conditions of agreements between Frisco and other water users, no injurious effect will occur. Applicant's operation of the change described herein will be operated in conformance with these requirements. The proposed change will not have an adverse effect on the instream flow rights of the Colorado Water Conservation Board. The Board and Frisco executed an agreement and stipulation dated October 25, 1988, which sets forth certain terms and conditions for the protection of instream flows. Paragraph 1.b) of that agreement states: To the extent that the flow on Tenmile Creek is less than or equal to 7.0 cfs, as measured at the USGS gage on Tenmile Creek located downstream of the confluence of North Tenmile Creek, Frisco agrees that it will rely on Frisco Well No. 5, tributary to Meadow Creek, as its primary point of diversion and will only divert from its other wells and diversion structures to the extent that Well No. 5 does not meet Frisco's water system demand. The Board also deleted a claim for an instream flow water right on Meadow Creek between I-70 and Dillon Reservoir, the segment in which Well No. 5 is located, in accordance with paragraph 2.b) of the agreement and stipulation. Therefore, the proposed change to divert an additional portion of the Frisco Town Ditch right at Well No. 5 is in accordance with Frisco's agreement with the Board to protect instream flows. Applicant is not seeking to change or increase the total amount diverted under the Frisco Town Ditch water right, the type of use, place of use, nor time of use.Name and address of owner of land on which structures are located: Town of Frisco;c/o Clayton G. Brown, Town Manager; P. O. Box 4100; Frisco, CO 80443-4100 WHEREFORE, applicant respectfully requests the Court to enter a decree granting the requested change of water right, and finding that the requested change will not injuriously affect any other water rights. (5 pages)
5. 98CW230 GARFIELD COUNTY - BEAVER CREEK, COLORADO RIVER. George Bauer; 0012 Sunrise Boulevard; Silt, CO 81652 970-876-5753. Log Mesa Spring - First Enlargement, Log Mesa Spring #2 and Log Mesa Pond - Application for Water Rights (Surface). Log Mesa Spring - First Enlargement - Location: NE1/4NW1/4 Sec., 25, T. 7 S., R. 94 W., 6th P.M. at a point 2000 feet from the west sec. line and 700 feet from the north sec. line. Appropriation: September 4, 1998. Amount: 0.11 cfs (50 gpm), conditional. Use: domestic, power and augmentation. Log Mesa Spring No. 2 - Location: SW1/4NW1/4 Sec. 24, T. 7 S., R. 94 W., 6th P.M. at a point 1560 feet from the north sec. line and 865 feet from the west sec. line. Appropriation: September 4, 1998. Amount: 0.088 cfs (40 gpm), conditional. Use: irrigation, domestic, augmentation and piscatorial. Log Mesa Pond - Location: SW1/4NW1/4 Sec. 24, T. 7 S., R. 94 W., 6th P.M. at a point 1500 feet from the north sec. line and 1320 feet from the west sec. line. Appropriation: September 4, 1998. Amount: 5.0 af, conditional. Use: irrigation, domestic, augmentation and piscatorial. (4 pages)
6. 98CW231 APPLICATION FOR WATER RIGHTS (SURFACE) AND FOR WATER STORAGE RIGHT OF: PATRICK JACKSON and COLUMBINE I. L. WEIR, Co-Trustees of the PATRICK JACKSON AND COLLIE WEIR TRUST DATED JULY 3, 1985, ROBERT T. BROWN and PEGGY ANN BROWN, In Garfield County. Names and addresses of Applicants: Patrick Jackson and Columbine I.L. Weir, Co-Trustees of the Patrick Jackson and Collie Weir Trust dated July 3, 1985; Robert T. Brown and Peggy Ann Brown, 350 Arch Street, Laguna Beach, CA 92615; Attorney for Applicants: Thomas W. Stuver, Esq., STUVER & GEORGE, P.C., 120 West Third Street, P. O. Box 907, Rifle, CO 81650, (970) 625-1887. Name of Surface Structure: Kings Crown Ditch; Name of Reservoir: Kings Crown Reservoir; Legal Descriptions: a. Point of Diversion of the Kings Crown Ditch: the headgate of the ditch is located within the right-of-way of Howard Avenue in the City of Rifle, Garfield County in the SE¼ SW¼, Section 4, Township 6 South, Range 93 West, 6th P.M., at a point 1300 feet from the South line and 1150 feet from the West line of Section 4. b. The location of the Kings Crown DECEMBER 1998 RESUME WATER DIVISION 5 Page 3
Reservoir is within the King's Crown Addition to the City of Rifle, Garfield County, Colorado and its outlet is in the SE¼ SW¼, Section 4, Township 6 South, Range 93 West of the 6th P.M. at a point 700 feet from the South line and 850 feet from the West line of said Section 4. The King's Crown Ditch is used to fill the King's Crown Reservoir, and the source of water for the King's Crown Ditch is from the waste, seepage and escapage waters from the irrigation of lands lying adjacent to and to the North of Applicants', within the NE¼ SW¼ and the E½ NW¼, Section 4, Township 6 South, Range 93 West of the 6th P.M. The date of initiation of appropriation is November 1, 1998. Appropriation was initiated by field investigation and intent to appropriate for uses claimed. The amount claimed for the King's Crown Addition Ditch is 1.2 cfs, conditional, to be utilized in filling the Reservoir. The capacity of the King's Crown Reservoir is 2.5 acre feet, all of which is active capacity. Use: The water appropriated shall be used for lawn and garden irrigation within the King's Crown Mobile Home Park located within the King's Crown Addition to the City of Rifle. Surface Area of High Water Line of the King's Crown Reservoir: 0.50 acres. Maximum Height of Dam in Feet: 3 feet. Length of Dam in Feet: 200 feet. Applicants intend to irrigate up to forty-one (41) acres of lawns and gardens located within the King's Crown Mobile Home Park in the King's Crown Addition to the City of Rifle, lying Northerly of 20th Street and Southerly of 24th Street in the City of Rifle, in the S½ SW¼, Section 4, Township 6 South, Range 93 West of the 6th P.M. The King's Crown Reservoir is located within the King's Crown Mobile Home Park owned by Applicants and the headgate for the King's Crown Ditch is located within the right-of-way of Howard Avenue in the City of Rifle, whose address is 202 Railroad Avenue, P.O. 1908, Rifle, Colorado 81650. (3 pages)
7. 98CW232 MESA COUNTY - BADGER WASH, WEST SALT CREEK, COLORADO RIVER. David Farney; Lazy 3X Ranch; 610 S. Road; Mack, CO 81525 970-858-9599. 3X Badger Wash Pump #1, #2, #3 and 610 Reservoir Pump and Pipeline - Application for Water Rights (Surface). Location: 3X Badger Wash Pump #1 - NW,SE,NW Sec. 7, T. 9 S., R. 103 W., 6th P.M. 1450 feet from the west line and 1500 feet from the north line of Sec. 7, 3X Badger Wash Pump #2 - SW,SE,NW Sec. 7, T. 9 S., R. 103 W., 6th P.M. 1300 feet from the sest line and 2300 feet from the north line of Sec. 7, 3X Badger Wash Pump #3 - NE,SW,SW Sec. 7, T. 9 S., R. 103 W., 6th P.M. 900 feet from the west line and 1050 feet from the south line of Sec. 7, 610 Reservoir Pump and Pipeline - SW,SW,SW Sec. 7, T. 9 S., R. 103 W., 6th P.M. 10 feet from the west line and 20 feet from the south line of Sec. 7. Appropriation: June 15, 1994. Amount: 1.00 cfs, conditional. Use: irrigation, livestock watering and wildlife watering, fill and refill ponds. (3 pages)
8. 98CW233 Garfield County - Cozza Gulch, Tributary to the Colorado River, Edie Goldman, _ John R. Schenk, Schenk, Kerst & deWinter, P.C., 302 Eighth Street, Suite 310, Glenwood Springs, Colorado, 81601; Application for Water Storage Rights. Names of Structures: Goldman Stock Ponds No. 1 -5. Legal Description of Places of Storage: All ponds are located in Section 3, Township 6 South, Range 92 West of the 6th P.M. in Garfield County, Colorado. The centers of said ponds are more particularly located as follows: Pond No. Distance from Distance from South Section Line West Section Line 1 2600 500 2 2550 450 3 2400 400 4 2350 325 5 2300 250 Source of Water: Said ponds are located on stream and receive water from run off, return flows, springs and seeps tributary to and located in Cozza Gulch, tributary to the Colorado River; Date of appropriation: March 10, 1995; Amount claimed: 0.056 AF each pond, conditional, with the right to fill and refill each pond when in priority; Use: Livestock watering. (3 pages)
9. 98CW234 MOFFAT COUNTY, WOLF CREEK, TRIBUTARY TO THE WHITE RIVER. THREE SPRINGS RANCH CORPORATION, c/o Frank G. Cooley, Attorney at Law, P. O. Box 98, Meeker, CO 81641. 970-878-5065. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE. THREE SPRINGS RANCH WATER SYSTEM II. Three Springs Ranch Water System II consists 28 structures as shown on the table. The name, legal description by quarter-quarter, Section, Township, range, distances from section lines, amount of water claimed, and date water was first applied to beneficial use are each shown on the table. Source of water: Springs, seeps and streams tributary to Wolf Creek, a tributary to the White River.Date of initiation, appropriation, and beneficial use: The structures were each initiated by actual construction and use for stock watering and irrigation. The date shown on the table for each structure is the date when water was first put to beneficial use. Use of water: Conditional to all structures for domestic, commercial and industrial. (6 pages)
No. Name of Structure Description Amount of Water Claimed Date 1/41/4 Se T./R. Feet from E Feet from c.f.s. A g.p. Approp. Applied c. - W Line N - S Line ft. m. 1 Ruppe Spring NWS 2 5N/101 1,198 West 2,440 0.02 3/7/1923 3/7/1923 W W South 2 Ruppe Pond NWS 2 5N/101 1,250 West 2,420 2.0 3/7/1923 3/7/1923 W W South DECEMBER 1998 RESUME WATER DIVISION 5 Page 4
2 Brimhall Spring SEN 3 5N/101 2,045 West 1,760 5.0 3/7/1923 3/7/1923 W W North Brimhall Pond SEN 3 5N/101 2,152 West 1,765 0.5 3/7/1923 3/7/1923 W W North 3 Tuffy’s Pond SEN 11 5N/101 2,480 West 2,090 0.7 5/13/196 5/13/196 W W North 8 8 4 Letha Pond NEN 11 5N/101 210 East 200 2.0 6/10/195 6/10/195 E W North 0 0 5 Upper Ruppe NWS 2 5N/101 1,252 West 1,898 0.9 7/7/1927 7/7/1927 Pond W W South 6 Fence Line SWN 1 5N/101 2,465 East 1,472 0.5 1/28/192 1/28/192 Pond E W North 8 8 7 Schoolhouse SEN 6 5N/100 1,558 West 1,507 0.7 1/1/1928 1/1/1928 Pond W W North 8 Five Points SENE 6 5N/100 103 East 1,988 0.5 1/1/1928 1/1/1928 Pond W North 9 East Bear Pond NWN 1 5N/101 401 West 942 0.7 1/1/1928 1/1/1928 W W North 10 Tuffy’s Corner NWN 2 5N/101 1,830 East 1,280 0.2 10/1/198 10/1/198 Pond E W North 9 9 Tuffy’s Corner NWN 2 5N/101 1,830 East 1,280 1.5 10/1/198 10/1/198 Spring E W North 9 9 11 Rock Bottom SWS 5 5N/100 1,200 West 1,123 2.6 1/1/1932 1/1/1932 Pond W W South 12 Lower Bear SEN 16 5N/100 1,690 West 1,800 4.9 1/1/1923 1/1/1923 Valley Pond W W North 13 Baker Cabin NWS 8 5N/100 500 West 1,430 0.2 1/1/1928 1/1/1928 Pond W W South 14 Adair Pond NES 8 5N/100 1,410 West 1,790 0.7 8/18/197 8/18/197 W W South 4 4 15 Lower Adair NES 8 5N/100 1,775 West 1,440 0.4 8/27/197 8/27/197 Pond W W South 4 4 Lower Adair NES 8 5N/100 1,775 West 1,440 3.0 8/27/197 8/27/197 Spring W W South 4 4 16 Middle Pond SWN 12 5N/101 2,600 East 2,430 5.2 6/1/1950 6/1/1950 E W North 17 Lower Middle NWS 12 5N/101 1,325 East 2,380 2.0 6/1/1950 6/1/1950 Pond E W South 18 Cecil Ruppe NEN 13 5N/101 1,290 East 80 5.2 6/1/1970 6/1/1970 Pond E W North 19 Lower Ruppe SENE 13 5N/101 10 East 1,510 4.3 6/18/194 6/18/194 Pond W North 6 6 20 Old Homestead NESE 13 5N/101 815 East 2,000 0.8 6/1/1950 6/1/1950 Pond W South 21 Shaw Pond SEN 9 5N/100 2,500 West 2,360 3.4 8/30/197 8/30/197 W W North 6 6 22 Milheim Spring SWS 6 5N/101 1,600 East 685 1.0 1/1/1928 1/1/1928 E W South 23 Milheim Pond SWN 18 5N/101 2,041 East 1,459 1.0 1/1/1928 1/1/1928 E W North 24 Dewpool Pond NEN 20 5N/100 2,000 West 980 0.3 6/1/1950 6/1/1950 W W North 25 Forgotten Pond NWN 12 5N/101 1,700 East 140 6.7 2/6/1981 2/6/1981 E W North 26 Brimhall #2 SWN 3 5N/101 1,150 West 1,880 1.0 6/2/1974 6/2/1974 DECEMBER 1998 RESUME WATER DIVISION 5 Page 5
Pond W W North 27 Branding Pond SENE 3 5N/101 557 East 2,292 5.1 6/9/1946 6/9/1946 W North 28 Fork Spring NES 25 5N/101 1,626 West 1,628 8.0 6/1/1949 6/1/1949 W W South
10. 98CW235 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: LOUIS V. SHIRLEN IN MESA COUNTY, CO Name, address & phone of Applicant: Louis V. Shirlen 395 - 33 ½ Rd Palisade, CO 81526 970/434-9023 c/o JAMES W. GIESE, P.C. Attorney for Applicant 244 N. 7th St. S. 203 PO Box 4151 Grand Junction, CO 81502 970/245-9227 CLAIM NO. 1 SURFACE WATER RIGHT Name of Structure: Shirlen Pump Legal descrip. of point of diversion: Shirlen Pump is located in Sec. 24, T. 1 S., R. 1 E. Ute PM., 1300 ft fr N. sec line & 1400 ft fr W. sec line of said Sec. 24. Amount claimed: 0.033 cfs, absolute & 0.25 cfs, conditional. Source is fr an unnamed trib., trib. to Colo. R. Dates of approp.: March 30, 1990 for absolute water right & March 30, 1993 for conditional water right. How approps. were initiated: For absolute right: diverted water & beneficial use by filling Shirlen Pond No. 1, stock watering & by irr. of 1/10 acre in NW1/4NE1/4NW1/4 of said Sec. 24. For conditional right: by intent to build Shirlen Pond No. 2 & irr. of 10 acres in NE1/4NW1/4 of said Sec. 24. Date water applied to beneficial use: For absolute right, March 30, 1990. Uses claimed: For each water right, irr., livestock, fire protect & storage in Shirlen Ponds. Name & address of owner of land on which water rights are located and will be used: Applicant. CLAIM NOS. 2 AND 3 STORAGE WATER RIGHTS Name of Structures: Shirlen Pond Nos. 1 & 2. Legal description of each place of storage: Center of Shirlen Pond No. 1 is located in Sec. 24, T. 1 S., R. 1 E. Ute PM., 1420 ft fr W. sec line & 300 ft fr N. sec line of said Sec. 24. Center of Shirlen Pond No. 2 is located in said Sec. 24, 1420 ft fr W. sec line & 400 ft fr N. sec line of said Sec. 24. Source for each pond is fr Shirlen Pump as described above. Date of approp.for each pond: Shirlen Pond No. 1 - March 30, 1990; Shirlen Pond No. 2 - March 30, 1993 How approps were initiated: Shirlen Pond No. 1 was built & water applied to beneficial uses requested. Shirlen Pond No. 2 was planned & construction started. Date water applied to beneficial use: Shirlen Pond No. 1 - March 30, 1990; Shirlen Pond No. 2 - N/A Amount claimed: Shirlen Pond No. 1, 0.04 AF, absolute; Shirlen Pond No. 2, 2.00 AF, conditional Uses claimed: For each pond, irr., livestock & fire protect Irr. has and will occur as described above. Surface area of high water line for each pond: Shirlen Pond No. 1, 0.007 Acre; Shirlen Pond No. 2, 0.33 Acre Max.ht of each dam: Shirlen Pond No. 1, 5 ft; Shirlen Pond No. 2, 10 ft Length of dams: Shirlen Pond No. 1, 10 ft, Shirlen Pond No. 2, 100 ft Total capacity for each pond: Shirlen Pond No. 1, 0 .04 AF; Shirlen Pond No. 2, 2 .0 AF All water stored is active capacity, no dead storage. Name & address of owner of land on which water rights are located & will be used: Applicant. (4 pages)
11. 98CW236 GRAND COUNTY - COLORADO RIVER. 1. Colorado River Water Conservation District acting by and through its Colorado River Water Projects Enterprise, c/o General Manager, P. O. Box 1120, Glenwood Springs, Colorado 81602, (970) 945-8522. (Please direct all pleadings and correspondence regarding this case to David C.Hallford and Jill C. Harris, Counsel for the Applicant, at the above address.) APPLICATION FOR WATER RIGHTS AND FOR CONFIRMATION OF APPROPRIATIVE RIGHT OF EXCHANGE. 2. APPLICATION FOR WATER RIGHTS. Tyler Tailwater Ditch and Pump. Legal Description of Points of Diversion: (a) At the tail of the Tyler Ditch, which otherwise drains to and enters Muddy Creek at the point described in Subsection (b) below. The tail of the Tyler Ditch is located in the NW¼ of the SW¼, Sec. 25, T.3N., R.81W., 6th P.M. at a point whence the NW corner of said Section 25 bears North 77° 39' West a distance of 249 feet; (b) As an alternate point, the Pump from Muddy Creek will be located in the NW¼ of the SW¼, Sec. 25, T.3N., R.81W., 6th P.M. at a point whence the NW corner of said Section 25 bears North 86° 01' West a distance of 537 feet. Source: Muddy Creek, tributary to the Colorado River. Date of Initiation of Appropriation: April 22, 1998. How appropriation was initiated: Public action of Applicant’s Board of Directors at its April 22, 1998 meeting and implementation by Applicant's staff in the field; Date water applied to beneficial use: May 1998. Amount Claimed: 5 cfs ABSOLUTE. Use: Irrigation, including wetlands habitat development and maintenance. Number of acres irrigated: 90; Legal description for location of acreage: SW¼, Sec. 25,T.3N., R.81W., 6th P.M.; N½ of NW¼, Sec. 36,T.3N., R.81W., 6th P.M. Names and Addresses of Owners of Land on Which Point of Diversion and Place of Use are Located: Applicant: Charles E. Davison, Jr., 17728 U. S. Highway 40, Kremmling, Colorado 80459; Grand County, P. O. Box 192, Hot Sulphur Springs, Colorado 80451. Schwab Ditch Enlargement. Legal Description of Point of Diversion: In the SE¼ of the SW¼, Sec. 31, T.1½N., R.80W., 6th P.M. at a point whence the NW corner of said Section 31 bears North 72° 14' West a distance of 2,162 feet. Source: Muddy Creek, a tributary of the Colorado River. Date of Initiation of Appropriation: November 17, 1998. How appropriation was initiated: Public action of Applicant's Board of Directors at its November 17, 1998 meeting and implementation by Applicant's staff in the field; Date water applied to beneficial use: May 1995. Amount Claimed: 7.5 cfs ABSOLUTE. Use: Irrigation, including wetlands habitat development and maintenance. Number of acres irrigated: 190; Legal description for location of acreage: SE¼ of SW¼, Sec. 31,T.1½N., R.80W., 6th P.M.; NE¼ of NW¼, SE¼ of NW¼, SE¼ of NE¼, NE¼ of SE¼, NW¼ of SE¼, Sec. 6, T.1N., R.80W., 6th P.M.; SW¼, NW¼ of SE¼, Sec. 5, T.1N., R.80W., 6th P.M. Names and Addresses of Owners of Land on Which Point of Diversion and Place of Use are Located: Applicant; Bureau of Land Management, 1116 Park Avenue, Kremmling, Colorado 80459 ("BLM"). Reno Gravity Pipeline. Legal Description of Point of Diversion: In the SW¼ of the NE¼, Sec. 25, T.2N., R.81W., 6th P.M. at a point whence the NW corner of DECEMBER 1998 RESUME WATER DIVISION 5 Page 6
said Section 25 bears North 41°43'29" East a distance of 3,816 feet. Source: Muddy Creek, tributary to the Colorado River. Date of Initiation of Appropriation: November 17, 1998. How appropriation was initiated: Public action of Applicant's Board of Directors at its November 17, 1998 meeting and implementation by Applicant's staff in the field; Date water applied to beneficial use: July 1995. Amount Claimed: 4 cfs ABSOLUTE. Use: Irrigation, including wetlands habitat development and maintenance: Number of acres irrigated: 190; Legal description for location of acreage: SE¼, Sec. 25, NE¼, Sec. 36, T.2N., R.81W., 6th P.M.; E½ of SE¼, Sec. 36, W½ of SW¼, Sec. 31,T.2N., R.80W., 6th P.M. Names and Addresses of Owners of Land on Which Point of Diversion and Place of Use are Located: Applicant; BLM; The Colorado Seminary, 2199 South University Blvd., Mary Reed Building, Denver, Colorado 80210. 3. APPROPRIATIVE RIGHT OF EXCHANGE. A. Water Rights to be Used for Exchange: Applicant will use water stored under its Wolford Mountain Reservoir Rights described below to divert water by exchange at the Tyler Tailwater Ditch and Pump diversions at times when or to the extent that the Ditch’s water right described in Section 2 above is out of priority. Applicant’s Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) has the following absolute and conditional rights: Case No. 87CW283: (a) Decree Date: November 20, 1989: (b) Court: District Court for Water Division No. 5; (c) Type of right: storage; (d) Legal description of place of storage: The dam is located in the SW¼ of the NE¼ of Section 25, T.2N., R. 81W. of the 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25; (e) Source: Muddy Creek and its tributaries; Amount: 59,993 acre feet Conditional; of this amount, 32,986 acre feet were made Absolute for piscatorial and recreational uses by the Decree entered in Case No. 95CW251, District Court for Water Division No. 5; (g) Appropriation: December 14, 1987; (h) Use: Will satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural and recreational uses. The Reservoir will also be used to meet the terms of a Lease Agreement executed March 3, 1987 between the Colorado River Water Conservation District and the City and County of Denver: (i) Diligence: The conditional rights which were not made absolute in Case No. 95CW251 were continued in full force and effect by the Decree in that Case. Case No. 95CW281: (a) Decreed Date: August 26, 1997; (b) Court: District Court for Water Division No. 5; (c) Type of right: storage; (d) Legal description of place of storage: 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 S53°24'56"E a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S75°28'29"E; (e) Source: Muddy Creek and its tributaries; (f) Amount: 6,000 acre feet Conditional; (g) Appropriation: January 16, 1995; (h) Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation 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 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. Undecreed Refill Right: (a) Decree Date: None; Application filed in this Court in Case No. 98CW237 contemporaneously with this application; (b) Type of right: storage; (c) Legal Description of place of storage: Same as for 95CW281; (d) Source: Muddy Creek and its tributaries; (e) Amount: 30,000 acre feet Conditional with 15,895 AF being Absolute for recreational and piscatorial and flood control; (f) Appropriation Date: November 17, 1998; (g) Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (11/29/89 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (8/26/97 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation 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; (h) Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. B. Point of Exchange Diversion: The Tyler Tailwater Ditch and Pump headgates described in Section 2 above. C. Source: Muddy Creek, tributary to the Colorado River. D. Affected Exchange Reach: Muddy Creek from the outlet of Wolford Mountain Reservoir located in the dam above (the downstream terminus) upstream to the points of diversion of the Tyler Tailwater Ditch and Pump stated above (the upstream terminus). E. Appropriation Date: April 22, 1998; How appropriation was initiated: As stated in Section 2 above regarding the Tyler Tailwater Ditch and Pump; Date water applied to beneficial use: July 1998. F. Amount: 5 cfs ABSOLUTE. G.Use: Irrigation, including wetlands habitat and development and maintenance. H. Names and Addresses of Owners of Land on Which Structures are Located: Applicant: BLM. DECEMBER 1998 RESUME WATER DIVISION 5 Page 7
4. REMARKS. The water rights and exchange described in this application are integrated components of Applicant's Wolford Mountain Reservoir Project, which is operated based upon the storage water rights described herein. (9 pages)
12. 98CW237 GRAND COUNTY - COLORADO RIVER. 1. Colorado River Water Conservation District acting by and through its Colorado River Water Projects Enterprise, c/o General Manager, P. O. Box 1120,Glenwood Springs, CO 81602, (970) 945- 8522. (Please direct all pleadings and correspondence regarding this case to David C. Hallford and Jill C. Harris, Counsel for the Applicant, at the above address.) APPLICATION FOR CONDITIONAL AND PARTIALLY ABSOLUTE WATER STORAGE RIGHT. 2. WOLFORD MOUNTAIN RESERVOIR. Legal Description: 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. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. Date of Appropriation: November 17, 1998. How Appropriation was Initiated: (1) Actions of Applicant's staff and related authorizations by Applicant's Board of Directors, acting as the governing body of Applicant's Colorado River Water Projects Enterprise, to develop operating criteria for Wolford Mountain Reservoir; (2) Intent of Applicant's Board to apply water to beneficial uses as described herein, as specifically documented by Applicant's Resolution adopted November 17, 1998; and (3) Actual storage and use of water in the partial exercise of the said operating criteria and intent. Date Water Applied to Beneficial Use: Commencing in April 1997. Amount Claimed: 30,000 AF CONDITIONAL, with 15,895 AF being ABSOLUTE for recreational and piscatorial uses and flood control. Uses: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation 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. Reservoir Physical Characteristics: Surface area of normal high water line: 1,550 acres; Maximum height of dam: 122 feet; Length of dam: 1,935 feet; Approximate total capacity of Reservoir: 66,000 acre feet. 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: Colorado River Water Conservation District (Applicant); Bureau of Land Management, 1116 Park Avenue, Kremmling, Colorado 80459. 3. REMARKS. The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described in Section 7 above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. (9 pages)
13. 98CW238 GARFIELD COUNTY - GROUNDWATER TRIBUTARY TO THE FRYING PAN RIVER, TRIBUTARY TO THE ROARING FORK RIVER. Peachblow Planned Unit Development Homeowners Association and Basalt Water Conservancy District, c/o Edward B. Olszewski, Esq., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Application for Alternate Point of Diversion. Decreed name of structures for which changes are sought: Peachblow Well No. 1; Basalt Conduit; and Ruedi Reservoir. From previous decree: The Peachblow Well No. 1 was decreed as an alternate point of diversion for the Basalt Conduit and Ruedi Reservoir on October 16, 1992 in Case No. 92CW005, Water Division No. 5. On June 20, 1958, in Civil Action No. 4613, the Garfield County District Court awarded to the Basalt Conduit Project No. 511, Priority No. 718, a conditional water right for 450 cfs, to be used for the generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial, and industrial purposes, with appropriation date of July 29, 1957. Ruedi Reservoir was originally decreed for 140,697.3 af in Civil Action No. 4613, Garfield County District Court on June 20, 1958, with an appropriation date of July 29, 1957, for hydroelectric power generation, irrigation, municipal, domestic, industrial, piscatorial, and stock watering uses. Subsequently in Case No. W-789-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir was reduced from 140,697.3 af to 101,369 af. Decreed point of diversion: Peachblow Well No. 1 is located in the SW1/4NE1/4 of Sec 9, T. 8 S., R. 85 W. of the 6th P.M. at a point 1,550 ft. from the N. sec. line and 1,700 ft. from the E. sec. line of said Sec. 9. The diversion for the Basalt Conduit is located on the left side of the Frying Pan River at the head of the outlet for Ruedi Reservoir at a point whence the W. corner of Sec. 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 79°0' W. 2017.1 ft. Ruedi Reservoir is an on-channel reservoir located in Sec. 18, T. 8 S., R. 84 W. of the 6th P.M. Applicant has a Water Allotment Contract with the Basalt Water Conservancy District for 4.1 af. of water annually from Ruedi Reservoir for domestic purposes. The Applicant anticipates that the depletions caused by the withdrawal of water from DECEMBER 1998 RESUME WATER DIVISION 5 Page 8
Peachblow Well No. 1 and the Peachblow Well No. 2, as described below, will be 4.1 af. and releases will be made at the request of the Division Engineer from Ruedi Reservoir in accordance with the following schedule by month/acre feet: January - December/0.3417 af. with a total for the year of 4.1 af. Proposed change: Applicant claims an alternate point of diversion at the Peachblow Well No. 2. Legal description: Peachblow Well No. 2 is located in the NW1/4NE1/4, of Sec. 9, T. 8 S., R. 85 W. of the 6th P.M. at a point 3,380 ft. from the W. Sec. line and 1,100 ft. from the N. Sec. line of said Sec. 9. Use: Ordinary household purposes inside for up to thirteen (13) single family dwellings. Amount: Up to 20 gpm. Source: Groundwater tributary to the Frying Pan River, tributary to the Roaring Fork River. Proposed plan of operation: Peachblow P.U.D. currently takes its supply of water from the Peachblow Well No. 1. The Peachblow Well No. 2 has been constructed as an additional alternate point of diversion for 20 gpm of the 450 cfs previously awarded conditionally to the Basalt Conduit. Applicant proposes to divert water from the Peachblow Well No. 2 for ordinary household uses for up to thirteen (13) single family dwellings. If the Peachblow Well No. 2 should fail, the Applicant will divert water from the Peachblow Well No. 1. Combined diversions from the Peachblow Well Nos. 1 and 2 will not exceed 20 gpm or 4.1 acre feet annually. Name of owner of land on which structure is located: Same as Applicant. (5 pages).
14. 98CW239 MESA COUNTY - EAST SALTCREEK, SALT CREEK, COLORADO RIVER. David N. Coombe; 1825 10 Road; Mack, CO 81525 970-434-2575. JD 1 Water System and JD 2 Water System - Application for Water Rights (Surface). Location: #1 - NE1/4SE1/4 Sec. 15, T. 9 S., R. 103 W., 6th P.M. 800 feet from east sec. line and 1400 feet from south sec. line, #2 - NE1/4SE1/4 Sec. 15, T. 9 S., R. 103 W., 6th P.M. 300 feet from east sec. line and 1800 feet from south sec. line. Appropriation: December 16, 1998. Amount: #1 - 0.50 cfs, conditional, #2 - 0.20 cfs, conditional. Use: stock and irrigation. (2 pages)
15. 98CW240 (92CW247) MESA COUNTY - LIMEKILN GULCH, COLORADO RIVER. Surf View Development Company; c/o Dave Fletcher; P.O. Box 921; Grand Junction, CO 81502 970-245-7598. Monument Village Irrigation System Pipeline, First Enlargement - Application to Make Absolute a Conditional Water Right. Decreed: January 5, 1979, W-3553-78. Location: NE1/4NW1/4 Sec. 23, T. 11 S., R. 101 W., 6th P.M. at a point whence the north quarter corner of said sec. 23 bears North 52°02'01" East 779.82 feet. Appropriation: April 26, 1978. Amount: 0.97 cfs. Use: irrigation. The application contains a detailed outline of the work performed for completion of the appropriation and application of the water to beneficial use. (2 pages)
16. 98CW241 Garfield County; Springs and Surface Water Diversion tributary to Main Elk Creek, Water District No. 39. Charles Shupe and Annette Wescott, 5320 County Road 243, New Castle, CO 81647. APPLICATION FOR SURFACE WATER RIGHTS. Name of structures: Mustang Spring, Locked Antlers Diversion and Cody Spring. Legal description: Mustang Spring - NE¼, SE¼ of unsurveyed Section 26, T. 4 S., R. 91 W., 6th P.M. at a point North 37° 35' East a distance of 16,420 feet from the SW corner of Section 3, T. 5 S., R. 91 W., 6th P.M. Locked Antlers Diversion - SE¼, SE¼ of unsurveyed Section 26, T. 4 S., R. 91 W., 6th P.M., at a point North 38° 05' East a distance of 14,950 feet from the SW corner of Section 3, T. 5 S., R. 91 W., 6th P.M. Cody Spring - SE¼, SE¼ of unsurveyed Section 26, T. 4 S., R. 91 W., 6th P.M., at a point North 37° 40' East a distance of 15,100 feet from the SW corner of Section 3, T. 5 S., R. 91 W., 6th P.M., Figure 1 in application. Source: tributary to Main Elk Creek, tributary to Elk Creek, tributary to the Colorado River. Date of initiation of appropriation: March 1, 1988. Date water applied to beneficial use: N/A. How appropriation was initiated: By formation of intent and field investigations. Amount claimed: Mustang Spring -0.01 c.f.s., conditional; Locked Antlers Diversion - 0.30 c.f.s., conditional; Cody Spring - 0.10 c.f.s., conditional. Use or proposed use: Mustang Spring - wildlife and stock water, Locked Antlers Diversion - irrigation, Cody Spring -stock water, wildlife and irrigation. Number of acres historically irrigated: 0 acres. Number of acres proposed to be irrigated: Locked Antlers Diversion and Cody Spring - 5 acres. Legal description of acreage: Portion of SE¼, SE¼ of unsurveyed Section 26, T. 4 S., R. 91 W., 6th P.M. Name and address of owner of land on which points of diversion and place of use is located: Mustang Spring - Point of diversion on USDA - US Forest Service land; Locked Antlers Diversion and Cody Spring - Applicant. Applicant's property is Lot 1 of the Dawson Subdivision Exemption No. 2 as recorded in Reception No. 420747 in the Garfield County Clerk and Recorders Office. Remarks: Mustang Spring - Applicant proposes to coalesce spring flow in a small collection pool for wildlife use at the spring source area, and take overflow in a small diameter black plastic pipe to Applicants' property for stock use. Locked Antlers Diversion will consist of a pump-up from Main Elk Creek to irrigate an approximate 5 acre pasture. Cody Spring will be used primarily as a supplemental irrigation supply to irrigate the same 5 acres to be irrigated by the Locked Antlers Diversion. (6 pages)
17. 98CW242 MESA COUNTY, MESA CREEK. Grand Junction Kiwanis Foundation, Inc., c/o Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. APPLICATION FOR UNDERGROUND WATER RIGHTS, CHANGE OF WATER RIGHTS, AND APPROVAL OF A PLAN FOR AUGMENTATION. First Claim for Relief (Underground Water Rights): Name of Structure: Camp Kiwanis Well. Well permit will be applied for. Legal Description: In the SE1/4 SW1/4 of Sec. 22, T.11 S., R.96 W., 6th P.M., approx. 3900' from the East Line and 525' from the South Line of said Sec. 22. Source and Depth: The well is drilled in alluvium and overburden adjacent to Mesa Creek. This well intercepts and withdraws groundwater tributary to Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River. Depth: 131'. Appropriation Date:August 15, 1998. Amount: 17 gpm (0.038 c.f.s.), conditional.Uses: Domestic, commercial and household uses, filling of and evaporation from swimming pool, fire protection, watering of livestock and domestic animals, and irrigation of lawns and gardens, all in connection with the operation of a camp known as Camp Kiwanis, located on land within the Grand Mesa National Forest. Second Claim for Relief (Plan for Augmentation and DECEMBER 1998 RESUME WATER DIVISION 5 Page 9
Change of Water Rights): Structures to be augmented: Camp Kiwanis Well. Water rights to be used for augmentation: Applicant has leased two shares of the capital stock of the Mesa Creek Reservoir and Canal Company (“Reservoir Company”). Water produced under these two leased shares will be used for augmentation. The Reservoir Company owns the following storage decrees, all of which were entered July 22, 1912, in C.A. No. 5812, Mesa County District Court: Mesa Creek Reservoir No. 1 a/k/a Sunset Reservoir, situated in the NW1/4 NW1/4, Section 35, and the NE1/4 NE1/4, Section 34, T.11 S., R.96 W., 6th P.M., in the amount of 246.96 af, appropriation date: August 20, 1893. Mesa Creek Reservoir No. 3 a/k/a Mesa Reservoir, situated in Section 35, T.11 S., R.96 W., 6th P.M., in the amount of 330 af, appropriation date: September 20, 1890. Mesa Creek Reservoir No. 4 a/k/a Water Dog Reservoir, located in the S1/2, Section 26, and the SW1/4 SW1/4, Section 25, T.11 S., R.96 W., 6th P.M., in the amount of 274.68 af, appropriation date: September 28, 1892. Mesa Creek Reservoir No. 4 Enlargement a/k/a Water Dog Reservoir Enlargement, located in the S1/2, Section 26, and the SW1/4 SW1/4, Section 25, T.11 S., R.96 W., 6th P.M., in the amount of 199.13 af, appropriation date: September 20, 1899. The source of Mesa and Sunset Reservoirs is Mesa Creek and its branches. The source of the Water Dog Reservoir and the Enlargement is the East branch of Mesa Creek, also from springs, rains, melting snows, and the drainage of water of the watershed in which said reservoir is situated, tributary to Mesa Creek. Mesa Creek is tributary to Plateau Creek, tributary to the Colorado River. All the reservoirs are adjudicated for irrigation uses. Also, the Colo. Wildlife Commission and Division of Wildlife own a 4 af dead pool storage right in Sunset Reservoir for fish culture purposes. Plan for Augmentation: Applicant operates Camp Kiwanis, which consists of various buildings, recreational facilities, and related features. Sewage facilities for the buildings consist of septic tanks and leach fields. Return flow from the septic systems will return to Mesa Creek. The water requirements for Camp Kiwanis will be supplied by the Camp Kiwanis Well. The water requirements for Camp Kiwanis (assuming a season from May 1 to October 31 of each year) are described as follows: Domestic, commercial, household use: Assuming 5000 camper- days, each camper using 45 to 85 gals./day, and 10% consumptive, the maximum consumptive use would be 42,500 gallons per year. Swimming pool: 18,000 gals. to fill the pool each year, and 18,576 gals. to replace evaporation losses (see table attached to Application). Livestock: 5 horses at 10 gals./horse/day, or 9,200 gallons per year. Nominal amounts of water may be used for lawn and garden watering and fire protection. The two shares of Reservoir Company stock leased by Applicant will, in a worst case scenario, yield 0.98 acre feet (aproximately 319,300 gallons) of water to augment depletions to Mesa Creek resulting from diversions from the Camp Kiwanis Well. During the irrigation season (May through October of each year), which corresponds with the summer season for the Camp, Applicant will replace out of priority depletions from the Camp Kiwanis Well by releases of water from the Reservoir Company reservoirs, to be charged against the shares leased by Applicant. The amounts and timing of such releases shall be determined by the Division Engineer, based upon the usage at camp and the assumptions set forth above. Proposed Changes: Applicant requests that the two shares of the capital stock of the Reservoir Company be changed to allow the following uses, in addition to the original irrigation uses: Domestic, commercial and household uses, filling of and evaporation from swimming pool, fire protection, watering of livestock and domestic animals, and irrigation of lawns and gardens, all by augmentation, replacement, and/or exchange. (11 pages)
18. 98CW243 Summit County; Cucumber Creek, North Cucumber Creek. Robin G. Theobald, c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Approval of Plan for Augmentation. Name of structures to be augmented: Yosuichi Reservoir and Brooks-Snider Pond. From previous decree (Yosuichi Reservoir): Date of original decree: 5/19/1993, in Case No. 91CW225, in the District Court in and for Water Division No. 5. The Yosuichi Reservoir is an irregularly shaped reservoir generally located in the Southwest 1/4 Southeast 1/4 of Section 25, Township 6 South, Range 78 West of the 6th P.M. The use of water is recreational, aesthetic, piscatorial, fish and wildlife propagation (absolute), and domestic, irrigation, commercial, industrial, augmentation and exchange (conditional). Appropriation date: May 30, 1984. Amount: 1.75 AF, together with the right to fill and refill in priority. Source: Cucumber Creek through the B & L Ditch (capacity 5.0 c.f.s.), the headgate of which is located as described in Case No. 86CW52, and North Cucumber Creek by direct flow. From previous decree (Brooks-Snider Pond): Date of original decree: October 15, 1996, in Case No. 92CW251, in the District Court in and for Water Division No. 5. The Brooks-Snider Pond is located in the Southeast 1/4 of the Northwest 1/4 of Section 36, Township 6 South, Range 78 West of the 6th P.M. Use: Recreation, aesthetic, piscatorial, and fish and wildlife propagation, together with the right to fill and refill in priority. Appropriation date: July 1, 1985. Amount: 0.5 AF, conditional, with the right to re-fill. Source: On-channel reservoir on Cucumber Creek. Previous decrees for water rights to be used for augmentation: 3.A. The water decreed by the District Court in and for Water Division No. 5, State of Colorado, in Case Nos. 80CW444, 81CW107, 81CW487 and 81CW488 (the "Consolidated Cases") and in Case No. 83CW51, as being historically attributable to the water rights more particularly described below (hereinafter collectively referred to as the "Augmentation Water"), as exchanged to, and stored in and subsequently released from Goose Pasture Tarn. Goose Pasture Tarn was decreed by the Summit County District Court on May 31, 1972, with an appropriation date of August 31, 1961, for 1396.4 acre feet. By decree of the Court in the Consolidated Cases, the Tarn was adjudicated as absolute for municipal, irrigation, domestic, commercial, industrial, snowmaking, fire fighting and sewage treatment purposes. Goose Pasture Tarn is located on the main stem of the Blue River in Sections 7, 8 and 18, T. 7 S., R. 77 W., 6th P.M., Summit County, Colorado. The storage, exchange and release of the Augmentation Water shall be subject to the terms and conditions of the decree in the Consolidated Cases (including without limitation the dedication of water to prevent injury to Denver), and the Town of Breckenridge's July 20, 1984 Green Mountain Reservoir water storage contract with the Bureau of Reclamation, as amended. Description of "Augmentation Water": Independent Blue Ditch. Water District 36, Priority No. 339, appropriation date May 1, 1935, for 8.8 c.f.s., adjudicated March 10, 1952, by decree of the Summit County District Court in Case No. 1805. The Independent Blue Ditch headgate is located in the Northeast 1/4 Northwest 1/4, Section 5, Township 4 South, Range 78 West of the 6th P.M., Summit County, Colorado. Plunger Ditch. Water District 36, DECEMBER 1998 RESUME WATER DIVISION 5 Page 10
Priority No. 149-1/2, appropriation date September 1, 1903, for 1.1 c.f.s., adjudicated March 2, 1910, by decree of the Summit County District Court, Civil Action No. 1277. The headgate of the Plunger Ditch is located in the Northwest 1/4 Southwest 1/4, Section 28, Township 3 South, Range 78 West of the 6th P.M., Summit County, Colorado. Plunger Ditch First Enlargement. Water District 36, Priority No. 244, appropriation date June 6, 1932, for 3.4 c.f.s., adjudicated October 26, 1937, by decree of the Summit County District Court in Case No. 1709. The headgate of the Plunger Ditch First Enlargement is located in the Northwest 1/4 Southwest 1/4, Section 28, Township 3 South, Range 78 West of the 6th P.M., Summit County, Colorado. Green Mountain Canal. Water District 36, Priority No. 160, appropriation date July 5, 1904, for 6.35 c.f.s., adjudicated March 2, 1910, by decree of the Summit County District Court in Case No. 1277. The headgate of the Green Mountain Canal is located in the Southeast 1/4 Northeast 1/4, Section 19, Township 3 South, Range 78 West of the 6th P.M., Summit County, Colorado. Blue River Irrigation Ditch. Water District 36, Priority No. 40, appropriation date October 1, 1885, for 1.55 c.f.s., adjudicated March 2, 1910, by decree of the Summit County District Court, in Case No. 1277. The headgate of the Blue River Irrigation Ditch is located in the Northeast 1/4 Northwest 1/4, Section 29, Township 3 South, Range 78 West of the 6th P.M., Summit County, Colorado. Benson Ditch. Water District 36, Priority No. 103, appropriation date July 14, 1896, for 2.47 c.f.s., adjudicated March 2, 1910 by decree of the Summit County District Court in Case No. 1277. The headgate is located on the North bank of Boulder Creek in the Northeast 1/4 Northeast 1/4, Section 5, Township 4 South, Range 78 West of the 6th P.M., Summit County, Colorado. 3.B. The 3000 acre feet of water per year produced from the Windy Gap Project and stored in Granby Reservoir pursuant to Paragraph 17 of the April 30, 1980 agreement between the Municipal Subdistrict of the Northern Colorado Water Conservancy District and among other parties, the Middle Park Water Conservancy District ("Middle Park"), as assigned in part by water allotment contract dated January 9, 1986, and quitclaim deed dated January 9, 1987, between Middle Park and the Town of Breckenridge. The Windy Gap Project diverts at a point on the North bank of the Colorado River whence the NW corner of Section 25, T. 2 N., R. 77 W., 6th P.M. bears 17°30' West a distance of 2380 feet. Granby Reservoir is located on the Colorado River upstream of its confluence with the Fraser River, in all or parts of Sections 25, 26, 27, 34, 35 and 36, T. 3 N., R. 76 W.; Sections 29, 30 and 32, T. 3 N., R. 75 W.; Sections 1, 2, 3, 10, 11, 12, 13 and 15, T. 2 N., R. 76 W.; and Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22 and 23, T. 2 N., R. 75 W., 6th P.M., Grand County, Colorado. The foregoing water is hereinafter referred to as the "Windy Gap water". By decree of the District Court in and for Water Division No. 5 in Case No. 87CW243, the Windy Gap water may be stored by exchange in Goose Pasture Tarn. Goose Pasture Tarn was decreed by the Summit County District Court on May 31, 1972, with an appropriation date of August 31, 1961, for 1396.4 acre feet. By decree of the District Court in and for Water Division No. 5, entered in Consolidated Case Nos. 80CW444, 81CW107, 81CW487 and 81CW488, the Tarn was adjudicated as absolute for municipal, irrigation, domestic, commercial, industrial, snowmaking, fire fighting and sewage treatment purposes. Goose Pasture Tarn is located on the main stem of the Blue River in Sections 7, 8 and 18, T. 7 S., R. 77 W., 6th P.M., Summit County, Colorado. The exchange to, storage in, and release of the Windy Gap water from Goose Pasture Tarn shall be subject to the terms of the decree in Case No. 87CW243, including without limitation the dedication of water to prevent injury to Denver. Statement of plan for augmentation, covering all applicable matters under C.R.S. §§37-92-103(9), -302(1)(2), and -305(8). The Applicant proposes to use 0.25 acre-feet of the 6.24 acre-feet of water obtained from the Town of Breckenridge from either of the sources as referenced in Paragraphs 3A. and 3.B., above, to augment for evaporative losses which may occur from the Yosuichi Reservoir and Brooks-Snider Pond. Applicant acknowledges that the source of water as referenced in Paragraphs 3.A and 3.B. to be made available to the Applicant in a given year is at the discretion of the Town of Breckenridge. Calculations of evaporation from the Yosuichi Reservoir and Brooks-Snider Pond and historical native vegetation evapotranspiration (Et) from the willows are summarized in the following table, and contained in the engineering report attached to the application as Exhibit A. Credit is being claimed for Et from naturally occurring vegetation, which existed prior to construction of the reservoirs. During the months May through September, the Et completely offsets the gross reservoir evaporation. During the remaining months no Et is available to offset the gross evaporation, however the effective precipitation provides some credit. Gross Historical Effective Net Month Evaporation Et Precipitation Augmentation (Inches) (Inches) (Inches) Requirement (Inches) January 0.4 - 1.1 0.0 February 1.1 - 1.0 0.1 March 2.1 - 1.3 0.8 April 3.2 - 1.2 2.0 May 4.4 6.9 1.3 0/0 June 5.4 8.1 1.3 0.0 July 5.6 9.2 2.2 0.0 August 4.6 8.3 2.0 0.0 September 3.9 6.6 1.2 0.0 October 2.6 - 1.0 1.6 November 1.4 - 1.1 0.3 December 0.5 - 1.2 0.0 Total 35.2 39.1 15.9 4.8 DECEMBER 1998 RESUME WATER DIVISION 5 Page 11
The surface area at the high water line of the Yosuichi Reservoir and Brooks-Snider Pond are 0.42 and 0.20 acres, respectively. Given a net augmentation requirement of 4.8 inches per year, the total augmentation requirement is 0.25 acre-feet (0.62 acres x 4.8 inches / 12 inches per foot). The Applicant will install and maintain such measuring gauges as may be required by the Division Engineer to facilitate administration of the plan for augmentation to ensure compliance therewith. Name and address of owner of land on which structures to be augmented are located: Applicant. (13 pages)
19. 98CW244 MESA COUNTY - COLORADO RIVER, Bray and Company c/o Nathan A. Keever, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506 (970) 241-5500; APPLICATION FOR SURFACE WATER RIGHT: Name of structure: Paradise Hills Pipeline No. 2; Location: Point of diversion is located at a point 405 feet north and 104 feet east of the SE corner of the NE¼ of Section 26, T1N, R1W, Ute Meridian; Source: Waste water, seepage, and overflow from a small pond serving the irrigation needs of Paradise Hills Subdivision Filing No. 7, tributary to an unnamed tributary of Leach Creek, tributary to the Colorado River; Date of initiation of appropriation: May 15, 1997; Amount: 0.25 c.f.s., conditional; Proposed use: Irrigation in a future stage of Paradise Hills development, either by direct flow or storage for subsequent use. (4 pages)
20. 98CW245 GUNNISON COUNTY - CRYSTAL RIVER, WATER DISTRICT 38; Larry and Dana Darien, c/o Nathan A. Keever, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; APPLICATION FOR UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION; Application for Underground Water Right: Names of Wells: Ute Meadows Well Nos. 1 through 5. Permit Information: Applicants will apply for the requisite well permits shortly after entry of a decree; Legal Descriptions: Ute Meadows Well No. 1: Located at a point in the SW¼SW¼SE¼ of Section 21, T11S, R88W, 6th P.M., which is 1800 feet west of the east section line and 100 feet north of the south section line of said Section 21; Ute Meadows Well No. 2: Located at a point in the SW¼SW¼SE¼ of Section 21, T11S, R88W, 6th P.M., which is 2000 feet west of the east section line and 200 feet north of the south section line of said Section 21; Ute Meadows Well No. 3: Located at a point in the SW¼SW¼SE¼ of Section 21, T11S, R88W, 6th P.M., which is 2300 feet west of the east section line and 300 feet north of the south section line of said Section 21; Ute Meadows Well No. 4: Located at a point in the NE¼SE¼SW¼ of Section 21, T11S, R88W, 6th P.M., which is 2800 feet west of the east section line and 750 feet north of the south section line of said Section 21; Ute Meadows Well No. 5: Located at a point in the NW¼SE¼SW¼ of Section 21, T11S, R88W, 6th P.M., which is 3500 feet west of the east section line and 1150 feet north of the south section line of said Section 21. Source: For all wells, groundwater tributary to the Crystal River, tributary to the Roaring Fork River, tributary to the Colorado River. Date of Appropriation: For all wells, December 31, 1998. Amount Claimed: For each well, 15 g.p.m. (0.033 c.f.s.), conditional; Proposed Use: For all wells, in-house domestic. Application for Approval of Plan for Augmentation: Name of Structure to be Augmented: Ute Meadows Well Nos. 1 through 5; Water Right(s) to be Used for Augmentation: Water stored in priority in the Darien Pond, a structure for which Applicants seek a 0.75 acre-feet storage water right (for augmentation and other uses) in a separate pending case, Case No. 98CW133; Consumptive Uses: Domestic (In-House) Use: One single family residence will be located on each of the five lots within the Ute Meadows Subdivision. Water demand for each residence is based on four year-round occupants each using seventy-five gallons per day for in house use. Monthly diversions from each well equals 0.03 acre-feet, with annual diversions totaling 0.336 acre-feet. Monthly diversions for the subdivision equal 0.14 acre feet, and aggregate annual diversions for the subdivision equals 1.68 acre feet. Each lot will have an individual septic sewer system, and consumptive use is assumed to be 10% of diversions. Statement of Plan for Augmentation: One of the described wells will be located on each of the five lots in the Ute Meadows subdivision, and will supply in-house domestic uses in one single family residence to be built on that lot. Water stored in priority in the Darien Pond (for which a decree is being sought in Case No. 98 CW 133) will be held for future release for augmentation purposes during periods when the Ute Meadows Well Nos. 1-5 are out of priority. Although there will typically only be a call on from July through October, this Plan for Augmentation is intended to provide a full year of augmentation if necessary. (7 pages)
21. 98CW246 GARFIELD COUNTY, ROARING FORK RIVER. Westbank Ranch Homeowners Association, Inc., c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Application for Finding of Reasonable Diligence. Name of structure: Westbank Ranch No. 1, Ltd., Well No. 3. Orig. Decree: October 11, 1978, No. W-3691. Subseq. Decrees: 82CW182, 86CW194, 92CW183. Loc.: in SW ¼ SE ¼ of Sec. 35, T. 6 S., R. 89 W. of the 6th P.M., at a point 1,017 feet N. of the S. sec. line, and 1,326 feet W. of the E. sec. line. Source: well trib. to Roaring Fork Riv. Approp. Date: April 11, 1976. Amount: 0.055 c.f.s. abs., 0.033 c.f.s. cond. Uses: domestic, commercial. Relief Requested: Applicant seeks a finding of reasonable diligence as to its 66% interest in the subject water right. A detailed summary of activity during the diligence period is included in the Application. (3 pages)
22. 98CW247 GARFIELD COUNTY, ROARING FORK RIVER. Westbank Mesa Homeowners Association, Inc., c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Application for Finding of Reasonable Diligence. Name of structure: Westbank Ranch No. 1, Ltd., Well No. 3. Orig. Decree: October 11, 1978, No. W-3691. Subseq. Decrees: 82CW182, 86CW194, 92CW183. Loc.: in SW ¼ SE ¼ of Sec. 35, T. 6 S., R. 89 W. of the 6th P.M., at a point 1,017 feet N. of the S. sec. line, and 1,326 feet W. of the E. sec. line. Source: well trib. to Roaring Fork Riv. Approp. Date: April 11, 1976. Amount: 0.055 c.f.s. abs., 0.033 c.f.s. cond. Uses: domestic, commercial. Relief Requested: Applicant seeks a finding of reasonable diligence as to DECEMBER 1998 RESUME WATER DIVISION 5 Page 12
its 34% interest in the subject water right. A detailed summary of activity during the diligence period is included in the Application. (3 pages)
23. 98CW248 WATER DIST. 45, GARFIELD COUNTY, COLORADO RIVER, Larry and Virginia Schmueser, c/o Caloia & Houpt, 1204 Grand Ave., Glenwood Springs, CO, FIRST AMENDED APPLICATION FOR WATER RIGHTS (SURFACE) 1st Claim: Pipe Spring, Loc.: SW1/4 SE 1/4 of Sec. 4, T7S, R90W, of the 6th P.M. at a point 975' N. of the S. sec. line and 2450' W. of the E. sec. Line. Source: A spring trib. to Belodi Creek, Garfield Creek and Colorado River. Approp. Date: 6/15/98. Amt: 0.022 c.f.s. (10 gpm), conditional. Uses: Piscatorial, recreational, and domestic uses. 2nd Claim: Bed Spring; Loc.: SW1/4 NE1/4 of Sec. 9, T7 S, R90W, of the 6th P.M. at a point 2500 feet S. of the N. sec. line and 2500 feet W. of the E. sec. line. Source: Spring trib. to Belodi Creek, Garfield Creek and Colorado River. Approp. Date: 6/15/98; Amt: 0.011 c.f.s. (5 gpm), conditional. Uses: Piscatorial, recreational, and domestic uses. 3rd Claim: Beaver Dam Spring; Loc.: NW1/4 NE1/4 of Sec. 16, T7 S, R90W, of the 6th P.M. at a point 1150 feet S. of the N. sec. line and 2450 feet W. of the E. sec. Line. Source: Spring trib. to Belodi Creek, Garfield Creek and Colorado River. Approp. Date: 6/15/98. Amt: 0.022 c.f.s. (10 gpm), conditional. Uses: Piscatorial, recreational, and domestic uses. 4th Claim: Homestead Spring; Loc: NE1/4 SE1/4 of Sec. 5, T7 S, R90W, of the 6th P.M. at a point 1400 feet N. of the S. sec. line and 1150 feet W. of the E. sec. Line. Source: Spring trib. to Belodi Creek, Garfield Creek, and Colorado River. Approp. Date: 6/15/98; Amt: 0.022 c.f.s. (10 gpm), conditional; Uses: Piscatorial, recreational, and domestic uses. 5th Claim: Beaver Dam Reservoir; Loc: NW1/4 NE1/4 of Sec. 16, T7 S, R90W, of the 6th P.M. at a point 200 feet S. of the N. sec. line and 2200 feet W. of the E. sec. line. Source: Spring trib. to Belodi Creek, Garfield Creek, and Colorado River. Approp. Date: 6/15/98. Amt.: 5 acre-feet, conditional. Uses: Piscatorial, recreational, augmentation, wildlife, irrigation, aesthetic and domestic uses. Filled by Beaver Dam Spring, described above in 1st Claim for Relief. Source: Spring trib. to Belodi Creek, Garfield Creek and Colorado River. Approp. Date: 6/15/98. Initiated by: Field inspection, preliminary design and formulation of intent to divert and apply water to beneficial use. All structures located on land of Applicant except Pipe Spring which is located on land of the BLM. (5 pgs.)
24. 98CW249 (91-CW-033) Cordillera Valley Club Investors Limited Partnership, a Colorado limited partnership (c/o Harvey W. Curtis, Esq., 1441 Eighteenth Street, Suite 200, Denver, Colorado 80202-1256, Telephone: (303) 292-1144) APPLICATION FOR FINDING OF REASONABLE DILIGENCE, CONCERNING THE APPLICATION FOR WATER RIGHTS OF CORDILLERA VALLEY CLUB INVESTORS LIMITED PARTNERSHIP, a Colorado limited partnership and the successor-in-interest to Faith Partners, IN THE EAGLE RIVER OR ITS TRIBUTARIES, IN EAGLE COUNTY. 2. NAMES OF STRUCTURES: Groff Ditch - Cottonwood Enlargement, Cottonwood Pump and Pipeline, Golf Course Pond No. 1, Golf Course Pond No. 2, Golf Course Pond No. 3, Golf Course Pond No. 4, and Golf Course Pond No. 5. 3. DESCRIBE CONDITIONAL WATER RIGHTS (AS TO EACH STRUCTURE), GIVING THE FOLLOWING FROM THE JUDGMENT AND DECREE: 3.a. DATE OF ORIGINAL DECREE: December 8, 1992, Case No. 91-CW-033, District Court, Water Division No. 1, State of Colorado. 3.b. NAME OF STRUCTURE: Groff Ditch - Cottonwood Enlargement. 3.b.(1) DECREED LOCATION: The headgate is located at a point on the east bank of Spring Creek in the NE¼ NE¼ of Section 36, T. 4 S., R. 83 W. of the 6th P.M. whence the E¼ corner of said Section 36 bears S. 3º 30¢ E. 2,145 feet. 3.b.(2) SOURCE OF WATER: Spring Creek, a tributary of the Eagle River. 3.b.(3) DECREED APPROPRIATION DATE: July 13, 1990. 3.b.(4) DECREED AMOUNT OF WATER: 1.0 cfs, conditional. 3.b.(5) DECREED USES OF WATER: Irrigation, recreation and piscatorial uses. 3.c. NAME OF STRUCTURE: Cottonwood Pump and Pipeline. 3.c.(1) DECREED LOCATION: The headgate is located at a point on the north bank of the Eagle River in the SW¼ SW¼ of Section 31, T. 4 S., R. 82 W. of the 6th P.M. whence the SW corner of said Section 31 bears S. 5º W. 500 feet. 3.c.(2) SOURCE OF WATER: The source is the Eagle River. 3.c.(3) DECREED APPROPRIATION DATE: July 13, 1990. 3.c.(4) DECREED AMOUNT OF WATER: 2.0 cfs, conditional. 3.c.(5) DECREED USES OF WATER: Irrigation, recreation and piscatorial uses. 3.d. NAMES OF STRUCTURES: Golf Course Ponds. 3.d.(1) DECREED LOCATIONS AND AMOUNTS OF WATER: 3.d.(1)(a) Golf Course Pond No. 1, decreed 6.0 acre feet, conditional, is located in the NW¼ SW¼ of Section 31, T. 4 S., R. 82 W. of the 6th P.M., whence the SW corner of said Section 31 bears S. 14º 45¢ W. 1,600 feet. 3.d.(1)(b) Golf Course Pond No. 2, decreed 2.0 acre feet, conditional, is located in the SE¼ NW¼ of Section 31, T. 4 S., R. 82 W. of the 6th P.M., whence the W¼ corner of said Section 31 bears S. 77º 45¢ W. 2,270 feet. 3.d.(1)(c) Golf Course Pond No. 3, decreed 6.0 acre feet, conditional, is located in the NW¼ SE¼ of Section 31, T. 4 S., R. 82 W. of the 6th P.M., whence the S¼ corner of said Section 31 bears S. 29º 30¢ W. 2,060 feet. 3.d.(1)(d) Golf Course Pond No. 4, decreed 20.0 acre feet, conditional, is located in the SW¼ SE¼ of Section 31, T. 4 S., R. 82 W. of the 6th P.M., whence the S¼ corner of said Section 31 bears S. 57º 15¢ W. 1,520 feet. 3.d.(1)(e) Golf Course Pond No. 5, decreed 4.0 acre feet, conditional, is located in the SW¼ SW¼ of Section 32, T. 4 S., R. 82 W. of the 6th P.M., whence the SW corner of said Section 32 bears S. 48º W. 1,300 feet. 3.d.(2) SOURCES OF WATER: The sources of the Golf Course Ponds Nos. 1 through 5, inclusive, are: Spring Creek via the Groff Ditch - Cottonwood Enlargement (1 cfs); Burnison Creek via the Root Ditch (1.6 cfs) decreed in Eagle County District Court, Civil Action No. 687; Deadhorse Gulch via the Root Ditch - Reynolds Enlargement (1 cfs) decreed in Case No. 82CW341; and the Eagle River via the Cottonwood Pump and Pipeline (2 cfs). 3.d.(3) DECREED APPROPRIATION DATE: July 13, 1990. 3.d.(4) DECREED USES OF WATER: Irrigation, recreation and piscatorial uses. 3.d.(5) The maximum height of the embankment for each reservoir is less than 10 feet. 4. PROVIDE A DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES: Moneys have been expended for engineering, legal advice and litigation, and for planning, design, and construction of an irrigation system, landscape irrigation, a wet well, a pump station, booster DECEMBER 1998 RESUME WATER DIVISION 5 Page 13
pumps, a pump station building, pipes, catch basins, and the Golf Course Ponds. Applicant has also bored beneath U.S. Interstate 70 for the construction of the Cottonwood Pump and Pipeline. An eighteen hole championship golf course has been constructed based on these water rights. Total expenditures on these efforts and associated work during the diligence period exceed $1.8 million. (4 pages)
25. 98CW250 APPLICATION FOR WATER RIGHT AND APPROVAL OF RELATED PLAN FOR AUGMENTATION OF SLEEPING LION RANCH, LLC IN ROUTT COUNTY 1. Name, address and telephone number of applicant. Sleeping Lion Ranch, LLC, One South Dahlia Street, Denver, Colorado 80222, (303) 399-3502. 2. Background. Applicant owns the Otto Gumprecht Well No. 1, Permit No. 4625-F (the “Well”) which was decreed by the District Court in and for Water Division No. 5 in Case No. W-495 on November 22, 1972, for 1.78 cfs absolute for domestic use and the irrigation of 80 acres, with an appropriation date of August 26, 1963. The existing decreed uses of the Well are entitled to releases from Green Mountain Reservoir’s historic users pool pursuant to the operating policy for Green Mountain Reservoir. Applicant has constructed a center pivot sprinkler utilizing the Well that will irrigate a total of 115 acres, which is 35 acres more than currently decreed and protected by the historic users pool. Applicant desires through this application to obtain a supplemental and first enlargement water right for the water right decreed to the Well for the irrigation of the additional 35 acres and to obtain approval of a plan for augmentation to replace any out of priority depletions associated with the irrigation of the additional 35 acres. A map depicting the location of the Well and both the historic and proposed irrigated acreage is attached hereto as Exhibit A. 3. Name and Location of Well. Otto Gumprecht Well No. 1, First Enlargement. The Well is located in the SW1/4 NE1/4 of Section 9, T. 1 N., R. 84 W. of the 6th P.M. at a point whence the Northwest Corner of the SW1/4 NE1/4 of said Section 9 bears North 55 degrees 58 minutes West a distance of 567.7 feet. 4. Source and Depth. The Well is 80 feet deep and is tributary to an unnamed creek tributary to Toponas Creek, a tributary of Egeria Creek, a tributary of Rock Creek, a tributary of the Colorado River. 5. Amount Claimed. 1 cfs for the irrigation of an additional 35 acres. This 1 cfs is a part of and not in addition to the 1.78 cfs already decreed to the well, and is sought to be decreed as a new water right in order to permit the use of the existing Well for the irrigation of an additional 35 acres. Total diversions under the Well’s existing decree and this supplemental water right would not exceed 1.78 cfs. Applicant claims an appropriation date of July 2, 1998, the date the additional acreage was first irrigated with the new center pivot sprinkler. 6. Plan for Augmentation. Applicant has applied for a contract with the U.S. Department of the Interior, Bureau of Reclamation for the right to obtain the annual release of 40 acre feet of water from Green Mountain Reservoir. Green Mountain Reservoir is located on the Blue River in Sections 11, 12, 13, 14, 15 and 24, T. 2 S., R. 80 W., and Sections 18, 19, 20, 21, 28, 29 and 34, T. 2 S., R. 79 W. of the 6th P.M. in Summit County. Green Mountain Reservoir was decreed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017 for 154,645 acre-feet with an appropriation date of August 1, 1935. In order to replace out of priority depletions resulting from the use of the Otto Gumprecht Well No. 1 First Enlargement for the irrigation of the additional 35 acres, Applicant will provide water under its Green Mountain Reservoir contract at such times and in such amounts as determined by the Court to be necessary to prevent injury to other water users. Applicant’s engineers estimate that the consumptive use for these 35 acres will be 1.37 acre feet per acre. Given that the Well depletions under the first enlargement are expected to be in priority during at least May and June each year, Applicant believes that no more than 40 acre feet of augmentation water will be required. 7. Owners of land on which structures are located. Applicant owns the land on which the Well is located. Green Mountain Reservoir is owned by the United States. (4 pages)
26. 98CW251 RIO BLANCO COUNTY, DRY FORK OF PICEANCE CREEK, A TRIBUTARY OF THE WHITE RIVER. Marathon Oil Company, c/o Frank G. Cooley, Attorney at Law, P. O. Box 98, Meeker, CO 81641. 970-878-5065. APPLICATION FOR WATER RIGHTS. Dry Fork was originally called Thurman Creek. It is so listed in the early water decrees. MARATHON DRY FORK WATER SYSTEM The Marathon Dry Fork Water System consists of the following structures: DRY FORK NO. 1. Description: T1N, R97W, 6th P.M., Sec 36: SE1/4SW1/4, N 33° 35' 39"W, 898.99 feet from the South 1/4 Corner of said Section 36 (found 1969 BLM cap). The new structure will be built to divert water to both sides of Dry Fork. Source of water: The Dry Fork of Piceance Creek, a tributary of the White River. Date of initiation, appropriation and beneficial use: November 9, 1998. How appropriation was initiated: By field survey and staking. Amount claimed and use: Absolute: Irrigation, stock water, wildlife and fire-fighting. 3.0 c.f.s. Conditional: Industrial, municipal and domestic. 4.5 c.f.s. Number of acres historically irrigated: 55.30 acres. Number of acres proposed to be irrigated: 65.30 acres. Legal Description of acreage: Portions of the S1/2S1/2 of Sec 35 and S1/2SW1/4 Sec 36. DRY FORK DITCH NO. 2. Description: T1N, R97W, 6th P.M. Sec 35: SE1/4SE1/4. N 56°35'55" W, 564.12 feet from the SE Corner of said Sec 35 (found 1977 BLM Brass cap). Source of water: The Dry Fork of Piceance Creek, a tributary of the White River. Date of initiation, appropriation, and beneficial use: November 9, 1998. How appropriation was initiated: By field survey and staking. Amount claimed and use: Absolute: Irrigation, stock water, wildlife and fire-fighting. 4.2 c.f.s. Conditional: Industrial, municipal and domestic. 6.0 c.f.s. Number of acres historically irrigated: 32.7 acres Number of acres proposed to be irrigated 50.0 acres. Legal Description of acreage: S1/2S1/2 of Sec 35 and E1/2W1/2 of Sec 35. Owner of land: Marathon Oil Company. (5 pages)
27. 98CW252 RIO BLANCO COUNTY, WHITE RIVER, STAKE SPRINGS DRAW, CORRAL GULCH, TRIBUTARIES OF YELLOW CREEK, AND YELLOW CREEK, TRIBUTARY OF THE WHITE RIVER. Marathon Oil Company, c/o Frank G. Cooley, Attorney at Law, P. O. Box 98, Meeker, CO 81641. 970-878-5065. APPLICATION FOR WATER RIGHTS. MARATHON STAKE SPRINGS WATER SYSTEM: (1.) STAKE SPRINGS SW Description: T2S, R99W, 6th P.M. Sec 14: SW1/4NW1/4. S 4° DECEMBER 1998 RESUME WATER DIVISION 5 Page 14
20' E, 2,515 feet from the Northwest Corner of said Sec 14. Source of water: Springs tributary to Stake Springs Draw, tributary of Yellow Creek, tributary of the White River. Date of initiation of appropriation and beneficial use: November 9, 1998. How appropriation was initiated: By field survey of the springs and staking. Amount claimed and use: Absolute: Stock water, wildlife and firefighting. 1.5 c.f.s. Conditional: Irrigation, industrial, municipal and domestic. 1.5 c.f.s. Number of acres historically irrigated: None. Number of acres proposed to be irrigated: 200 acres. STAKE SPRINGS NE Description: T2S, R99W, 6th P.M Sec 14: SW1/4NW1/4, S 14° 30' E, 2,445 feet from the Northwest Corner of said Sec 14. Source of water: Stake Springs, a tributary of the White River. Date of initiation of appropriation, and beneficial use: November 9, 1998. How appropriation was initiated: By field survey and staking. Amount claimed and use: Absolute: Irrigation, stock water, wildlife and fire-fighting. 1.5 c.f.s. Conditional: Industrial, municipal and domestic. 1.5 c.f.s. Number of acres historically irrigated: None. Number of acres proposed to be irrigated: 200 acres. MARATHON YELLOW CREEK WATER SYSTEM, Marathon Yellow Creek Ditches / Corral Gulch No. 1 All Ditches located in T. 1 S, R. 98 W of the 6th P.M. All ditches are in Yellow Creek except Corral Gulch No. 1 which is in Corral Gulch. Yellow No. 6 also derives water from Stake Springs Draw. All ditches are planned to divert to each side of the creek. Structure Description of Distance Lands to be Water Headgate from Line Irrigated Claimed
Yellow Ck NE1/4SW1/4 Sec 29 2,000' E of W 45 acres in 2.1 No. 4 Line NE1/4SW1/4, c.f.s. 1,328' N of S NW1/4SE1/4, Line SW1/4NE1/4 of Sec 29 Sec 29 Yellow Ck 1,650' W of E 25 acres in 1.15 No. 5 SW1/4NE1/4 Sec 29 Line N1/2NE1/4 of Sec c.f.s. 1,578' S of N 29, E1/2SE Sec 20 Line of Sec 29 Yellow Ck NE1/4SE1/4 Sec 20 310' W of E Line 15 acres in .7 c.f.s. No. 6 1,954' N of S NESE Sec 20, Line NWSW 21, E1/2NW Sec 21, NWNE Sec 21 Yellow Ck NW1/4NE1/4 Sec 21 2,500' W of E 73 acres in 3.36 No. 7 Line NWNE Sec 21, c.f.s 550' S of N Line S1/2SE1/4 Sec 16, NESE, SENE Sec 16 Yellow Ck SW1/4NW1/4 Sec 15 125' E of W Line 94 acres in 4.32 No. 8 2,150' S of N W1/2NW1/4, c.f.s. Line NE1/4NW1/4 Sec 15, SE1/4SW1/4 Sec 10, NE1/4SE1/4 Sec 10 Corral SW1/4NE1/4 Sec 35 2,404' W of E 68 acres in 3.13 Gulch Line S1/2NE1/4, c.f.s. No. 1 2,535' S of N NE1/4NE1/4 Sec Line 35, NWNW Sec 36
Source: The source of each ditch is Yellow Creek, except that Yellow Creek No. 6 also takes water from Stake Springs Draw. Corral Gulch No. 1 takes water from Corral Gulch. Date of initiation of appropriation: October 29, 1998. How appropriation was initiated: By field reconnaissance, investigation, staking, and demonstration of the intent to divert and appropriate. Date water applied to beneficial use: Not yet applied except for stockwater and wildlife. Uses: Irrigation, livestock, wild game watering, fire protection, domestic, and industrial. Conditional. Owner of Land: Marathon Oil Company (7 pages)
28. 98CW253 GARFIELD COUNTY, RAMSEY GULCH, COLORADO RIVER. William G. and Maureen L. Jewell, c/o Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO. Application for Approval of Plan for Augmentation. Name of structure to be augmented: Horse Head Spring (application for underground water right pending in Case No. 97CW178). Location: NW¼ SE¼ of Sec. 22,. T6S, R93W, 6th P.M., 2,059 ft. from S. sec. line and 2,499.2 ft. from E. sec. line. Source: spring trib. to Ramsey Gulch, trib. to Colo. River. Amt: 1.5 g.p.m. Uses: domestic and livestock watering. Approp. date: 10/1/83. Augmentation: Ruedi Reservoir. Decreed: 6/20/58, DECEMBER 1998 RESUME WATER DIVISION 5 Page 15
Case Nos. C.A. 4613 and W-789-76, Eagle County. Dist. Ct. Location: NW¼ NE¼ of Sec. 18, T8S, R84W, 6th P.M., Eagle County., CO. Source: Frying Pan River, trib. to Roaring Fork River. Amt.: 140,697.3 AF (Case No. C.A. 4613), 101,396 AF (Case No. W-515). Approp. date: 7/29/57. Uses: gen. of elec. energy, domestic, municipal, industrial, irrigation and stock watering. Releases from Ruedi Reservoir will augment out-of-priority depletions for one single family home (350 g.p.d.), domestic lawn irrigation of up to 1,000 ft.² (2 AF/acre), and stock watering (up to 5 head at 15 g.p.d.). Wastewater treatment is by individual septic tank with an estimated depletion rate of 15% of in-house potable water diverted; irrigation use is 80% consumptive; stock watering is 100% consumptive. Annual depletions up to 0.18 AF/year (0.059 AF in-house, 0.037 AF irrigation, 0.084 AF stockwatering). (4 pages)
29. 98CW254 PITKIN, EAGLE AND GARFIELD COUNTIES, ROARING FORK RIVER AND ITS TRIBUTARIES, WATER DISTRICT NO. 38. Application for Change of Water Rights and Approval of Plan for Augmentation, Including Exchange. Aspen Springs Ranch, Inc., c/o Anne J. Castle, Christopher L. Thorne, HOLLAND & HART LLP, P.O. Box 8749, 555 17th Street, Suite 3200, Denver, CO 80201-8749, 303-295-8000, and the Basalt Water Conservancy District, c/o Dan Kerst, Schenk, Kerst & deWinter, LLP, 302 Eighth Street, Suite 310, Glenwood Springs, CO 81601, 970-945-2447. 1. Name, address and telephone number of applicants: Aspen Springs Ranch, Inc., c/o Mr. Patrick Sessions, 415 East Hyman Ave., Suite 101, Aspen, CO 81611, Telephone: 970-544-3738; Basalt Water Conservancy District, c/o Dan Kerst, Schenk, Kerst & deWinter, LLP, 302 Eighth Street, Suite 310, Glenwood Springs, CO 81601, Telephone: 970-945-2447. 2. Names of structures to be augmented: a. Hopkins Spring No. 1: Located in the SW¼NW¼ of Section 22, T6S, R88W of the 6th P.M. at a point whence the Southwest Corner of said Section 22 bears S15°24’W 3,055.92 feet. b. Hopkins Spring No. 2: Located in the NE¼SW¼ of Section 22, T6S, R88W of the 6th P.M. at a point whence the Southwest Corner of said Section 22 bears S49°36’W 3,159.58 feet. c. Spring Valley Well No. 1: Located in the SW¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point whence the Northeast Corner of said Section 29 bears N45°00’E 2,800 feet. d. Spring Valley Ranch Well No. 2: Located in the SW¼NE¼ of Section 29, T6S, R88W of the 6th P. M. at a point whence the Northeast Corner of said Section 29 bears N51°30’E 2,050 feet. e. Spring Valley Ranch Well No. 3: Located in the SE¼NW¼ of Section 29, T6S, R88W of the 6th P.M. at a point whence the NW Corner of Section 29 bears N54°01’16”W 3005.98 feet. f. SVH Well No. 5: Located in the SW¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point 1,600 feet South of the North line and 1,500 feet West of the East line of said Section 29. g. SVH Well No. 6: Located in the SW¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point 2,200 feet South of the North line and 2,400 feet West of the East line of said Section 29. h. SVH Well No. 7: Located in the NE¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point 800 feet South of the North line and 1,200 feet West of the East line of said Section 29. i. SVH Well No. 8: Located in the NW¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 800 feet South of the North line and 700 feet East of the West line of said Section 27. j. SVH Well No. 9: Located in the NW¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,100 feet South of the North line and 1,050 feet East of the West line of said Section 27. k. SVH Well No. 10: Located in the SE¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,600 feet South of the North line and 1,550 feet East of the West line of said Section 27. l. ASR Well No. 11: Located in the SW¼NE¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,865 feet South of the North line and 1,815 feet East of the West line of said Section 27. m. ASR Well No. 12: Located in the SW¼SW¼ of Section 26, T6S, R88W of the 6th P.M. at a point 1,085 feet North of the South line and 375 feet East of the West line of said Section 26. n. ASR Well No. 13: Located in the NE¼SE¼ of Section 21, T6S, R88W of the 6th P.M. at a point 2,105 feet North of the South line and 500 feet West of the East line of said Section 21. o. ASR Well No. 14: Located in the SW¼SW¼ of Section 22, T6S, R88W of the 6th P.M. at a point 985 feet North of the South line and 760 feet East of the West line of said Section 22. p. ASR Well No. 15: Located in the SE¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,300 feet South of the North line and 2,500 feet East of the West line of said Section 27. q. ASR Well No. 16: Located in the NE¼NE¼ of Section 21, T6S, R88W of the 6th P.M. at a point 1,100 feet South of the North line and 1,200 feet West of the East line of said Section 21. r. ASR Ditch No. 1: Located in the NW¼SW¼ of Section 21, T6S, R88W of the 6th P.M. at a point 1,280 feet North of the South line and 780 feet East of the West line of said Section 21. s. Effluent treated to tertiary standards at the wastewater treatment facility operated by the Spring Valley Sanitation District in the NW¼ of Section 9, T7S, R88W of the 6th P.M. 3. Water rights to be used for augmentation: As described in more detail below, and to the extent not covered by the augmentation plan previously approved by this Court in the decree dated December 10, 1992 in Case No. 87CW155, out-of-priority depletions resulting from Aspen Springs’ diversions from the structures identified in paragraph 2 will be offset with the water rights allotted to Aspen Springs in a contract dated November 9, 1998 (the “1998 Allotment Contract”) with the Basalt District. Water stored in Hopkins Reservoir may also be released to provide augmentation of diversions from the structures identified in paragraph 2. Pursuant to the 1998 Allotment Contract, Aspen Springs is entitled to receive and apply to beneficial use for augmentation purposes 6.0 cubic feet of water per second (“cfs”) from the Basalt District’s direct flow rights, and 240 acre feet per year (“af”) of storage water owned or controlled by the Basalt District. Water rights of the Basalt District allotted pursuant to the 1998 Allotment Contract include those decreed to the Basalt Conduit, Landis Canal, Stockman’s Ditch Extension, and the Basalt District’s contractual rights to receive storage water from Ruedi and Green Mountain Reservoirs. Previous decrees for these water rights and Hopkins Reservoir include the following: a. Basalt Conduit 1. Date decree entered: June 20, 1958. 2. Civil Action No. 4613, Garfield County District Court. 3. Legal Description of Point of Diversion: the headgate and point of diversion for the Basalt Conduit is located on the left side of the Frying Pan River at the head of the outlet tube for Ruedi Reservoir whence the Southwest Corner of Section 7, T8S, R84W of the 6th P.M. bears N79°00’W, a distance of 2,017.1 feet. 4. Source: Frying Pan River, tributary to the Colorado River. 5. Amount: 450 cfs. 6. Appropriation date: July 29, 1957. 7. Decreed Uses: Generation of electricity, irrigation, domestic, municipal, stockwatering, piscatorial and industrial. b. Landis Canal 1. Date decree entered: June 20, 1958. 2. Civil Action No. 4613, Garfield County District Court. 3. Legal Description of Point of Diversion: The initial headgate and point of diversion of the Landis Canal is located at the terminus of the Basalt Conduit in the NW¼ of Section 7, T8S, R86W of the 6th P.M. 4. Source: Water conveyed through and by means of the Basalt Conduit; and the waters of DECEMBER 1998 RESUME WATER DIVISION 5 Page 16
Coulter Creek, Cattle Creek, and all named and unnamed tributaries of the Roaring Fork River between the original point of diversion and the terminus of Landis Canal. 5. Amount: 130 cfs. 6. Appropriation date: July 29, 1957. 7. Decreed Uses: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. c. Stockman’s Ditch Extension 1. Date decree entered: June 20, 1958. 2. Civil Action No. 4613, Garfield County District Court. 3. Legal Description of Point of Diversion: The headgate is located on and forms a part of the penstock and power generating facilities of the Basalt Power Plant, which, in turn, is located in the SW¼ of Sec. 7, T8S, R86W of the 6th P.M. 4. Source: Water transmitted thereto through and by means of the Basalt Conduit; and the waters of Sopris Creek and of all named and unnamed tributaries of the Roaring Fork River between the original point of diversion of the Stockmen’s Ditch Extension and its terminus. 5. Amount: 30 cfs. 6. Appropriation date: July 29, 1957. 7. Decreed Uses: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. d. Ruedi Reservoir 1. Date decree entered: June 20, 1958. 2. Civil Action No. 4613, Garfield County District Court. 3. Legal Description of Place of Storage: Ruedi Reservoir is located in parts of Secs. 7, 8, 9, 11, 14, 15, 16, 17 and 18, T. 8 S., R. 84 W. Of the 6th P.M. in Pitkin and Eagle Counties. The dam thereof is located in the NW¼ of Sec. 18, T. 8 S., R. 84 W., 6th P.M., its exact location being described as follows: 4. The initial point of survey of said dam is on the right abutment thereof at a point whence the SW corner of Sec. 7, 8 S., R. 84 W., 6th P.M. bears N. 68°58’ at a distance of 1126 feet. 5. Source: Frying Pan River. 6. Amount: 102,369 af (pursuant to decree in Case No. W-789-76). 7. Appropriation date: July 29, 1957. 8. Decreed Uses: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. Pursuant to the terms of its water service contract with the United States Bureau of Reclamation dated May 13, 1982, the Basalt District is entitled to the release of up to 500 af annually from Ruedi Reservoir. The Basalt District has pending a request for an additional 3,000 af of storage water from Ruedi Reservoir. e. Green Mountain Reservoir 1. Date decree entered: October 12, 1955. 2. Civil Action Nos. 2782, 5016, and 5017 (consolidated cases), United States District Court for the District of Colorado. 3. Legal Description of Place of Storage: Green Mountain Reservoir is generally located in parts of Sections 11, 12, 13, 14, 15 and 24 of T2S, R80 W of the 6th P.M., and Sections 17, 18, 19, 20, 21, 24, 28, 29 and 33 of T2S, R79 W of the 6th P.M. 4. Source: Colorado River and its tributaries. 5. Amount: 154,654 af. Pursuant to the terms of its water service contract with the United States Bureau of Reclamation dated November 9, 1998, the Basalt District is entitled to the release of up to 1,000 af annually from Green Mountain Reservoir. f. Hopkins Reservoir 1. Date decree entered: April 30, 1910. 2. Civil Action No. 1419, Garfield County District Court. 3. Legal description: near the headgate of the Hopkins Ditch, the initial point of which is located at a point whence the ¼ corner common to Sections 21 and 22, T6S, R88W of the 6th P.M. bears South 25°03” West 4801.7 feet. 4. Source: Landis Creek, tributary to the Roaring Fork River. 5. Amount: 5,208,305 cubic feet. 6. Appropriation date: May 18, 1909. 7. Decreed Uses: irrigation. 4. Historical use: The water and contractual rights supporting the 1998 Allotment Contract with the Basalt District have been used by the Basalt District to fulfill its water supply obligations to allotment contractees in conjunction with the beneficial use of water on property located within the District’s boundaries. Water from Hopkins Reservoir has been used in conjunction with other water rights owned by Aspen Springs for the irrigation of up to 300 acres of land located on property known as Spring Valley Ranch. 5. Statement of Plan for Augmentation: a. General Description of Water Supply and Plan for Augmentation. Aspen Springs is the owner, or contract purchaser, of property in Garfield County known as Spring Valley Ranch, which comprises approximately 5,906 acres, located in Sections 14-16, 20-23, 26-29, and 32-34, T6S, R88W of the 6th P.M., in Garfield County, Colorado (the “Spring Valley Ranch Property”). Garfield County has previously approved a Planned Unit Development (“PUD”) application for the Spring Valley Ranch Property. Aspen Springs is seeking amendment of the approved PUD for a re-designed development to include substantially fewer residential units than previously approved. Water requirements for in-house domestic use associated with the re-designed development will not exceed 750 equivalent residential units (“EQRs”), with each EQR assumed to require 350 gallons per day of in-house water use. Current plans for the development include single family residential units, time share cabins, affordable housing units, a 36 hole golf course, and limited commercial development. The Spring Valley Ranch development will be served by two water supply systems. The domestic, or municipal, central water supply system will provide potable water for in-house domestic and commercial use, and a limited amount of irrigation for lawns and gardens. The golf course property, open space areas, and some lawns and gardens associated with residences or facilities adjacent to the golf course will be irrigated by a separate water supply system. The water for the domestic water supply will be provided from several or all of the wells, springs, and the ditch described in paragraphs 2.0. through 2.r. above. The same sources may also be used in the irrigation water supply system. The irrigation requirements of the development may also be provided through use of senior ditch rights owned by Aspen Springs on Landis Creek, ASR Reservoir Nos. 1 - 3, and by treated effluent as described in paragraph 2.s. above. Wastewater treatment service for all or portions of the Spring Valley Ranch development and surrounding areas will be provided by the existing Spring Valley Sanitation District (the “Sanitation District”). The primary wastewater treatment system will include central collection and tertiary treatment at the Sanitation District’s planned new plant to be constructed near Colorado Mountain College. Treated effluent from the plant will be piped to a storage pond on, or in the vicinity of, the Spring Valley Ranch Property and used for irrigation of golf course and open space property. In addition to the 240 af of water provided for in the 1998 Allotment Contract, Aspen Springs is entitled to receive 180 af of storage water owned or controlled by the Basalt District to augment the use of 6.0 cfs of water from the Basalt District’s direct flow rights pursuant to a December 1984 allotment contract with the Basalt District (the “1984 Allotment Contract”). To implement the 1984 Allotment Contract, a decree dated October 7, 1985 was obtained from this Court in Case No. 84CW212 approving the nine wells in the Spring Valley aquifer and two springs identified in paragraphs 2.a. – 2.k. above as alternate points of diversion for 6.0 cfs of the Basalt Conduit water right. Additionally, this Court’s decree dated December 10, 1992 in Case No. 87CW155 approved a plan for augmentation, including exchange, to augment out-of-priority depletions by the Basalt Conduit at the above described alternate points of diversion through releases of storage water from Ruedi Reservoir (hereinafter referred to the “Existing Augmentation Plan”). The plan for augmentation described herein will be DECEMBER 1998 RESUME WATER DIVISION 5 Page 17
supplemental to the Existing Augmentation Plan and the 1984 Allotment Contract, and will be implemented at any time that the amount of augmentation water provided by the Existing Augmentation Plan is insufficient. Aspen Springs intends to utilize senior decreed ditch rights on Landis Creek owned by Applicant for golf course and open space irrigation. The augmentation plan described herein will be implemented only when such ditch rights are insufficient to supply the irrigation requirements and the Existing Augmentation Plan does not fully cover the out-of-priority depletions associated with irrigation diversions. b. Specific Water Uses To Be Augmented Pursuant To This Plan. The water requirements for the in-house domestic and commercial uses of water supplied through the Spring Valley Ranch water supply systems will be augmented through the Existing Augmentation Plan. Irrigation associated with residential lots and commercial areas, open space and golf course irrigation, and pond and water feature evaporation will also be augmented through the Existing Augmentation Plan to the extent possible. To the extent that such irrigation and evaporation requires augmentation in addition to that available through the Existing Augmentation Plan and the 1984 Allotment Contract, such augmentation will be provided through the plan described herein. Residential, commercial, golf course, and open space irrigation on the Spring Valley Ranch Property will cover a maximum of 500 acres. Irrigation requirements are estimated at 2.08 af per acre in an average year. The Spring Valley Ranch development is planned to include approximately 25 acres of pond surface. Evaporation from these ponds has been estimated at 2.79 af per acre. c. Estimated Consumptive Use. In estimating the consumptive use of water diverted for the Spring Valley Ranch development to be augmented pursuant to the plan described herein, the irrigation efficiency for the lawn, open space, and golf course irrigation is assumed to be 80%, or 1.66 acre feet per acre. The evaporation losses associated with the ponds on the development as described above are 100% consumptive. Based on these assumptions, total depletions associated with irrigation and evaporation within the Spring Valley Ranch development are estimated at 817 af annually. A significant portion of this 817 af of annual consumptive use will occur at times when there is no call on the Roaring Fork River system. Aspen Springs’ rights in various senior ditch rights on Landis Creek will supply a portion of the irrigation requirements and reduce any augmentation requirement. In addition, some portion of the augmentation requirement will be supplied through the Existing Augmentation Plan and the 1984 Allotment Contract. Any remaining augmentation requirement will be supplied through the plan described herein. This remaining augmentation requirement is estimated at a maximum of 240 af annually, the amount provided in the 1998 Allotment Contract. d. Augmentation Exchange. To the extent that augmentation water is provided from Green Mountain Reservoir pursuant to the 1998 Allotment Contract, Applicants claim an appropriative right of exchange with a priority of December 14, 1998, the date of completion of field work and the final development of an integrated, master water resources plan for the Spring Valley Ranch development. The upper terminus of the exchange is the location of the structures to be augmented as described in paragraph 2 above. The lower terminus of the exchange is the confluence of the Roaring Fork and the Colorado River. e. Accounting. This augmentation plan, including exchange will be administered pursuant to a system approved by the Division Engineer for Water Division No. 5. The accounting system will calculate and record at least monthly: (1) all diversions from the structures identified in paragraph 2 of this Application and identification of the amounts taken in priority and out-of-priority; (2) provision of augmentation water from the Existing Augmentation Plan and identification of the amounts thereof; (3) provision of augmentation water from the sources identified in paragraph 3 of this Application and identification of the particular sources and amounts thereof; and (4) the number of acres under irrigation from the irrigation system. Depletions to the Roaring Fork River resulting from pumping the wells identified in paragraphs 2.c. - 2.q. above may be delayed from the time of diversion. A delayed effect accounting procedure, acceptable to the Division Engineer, will be developed and, to the extent necessary, out-of-priority depletions will be offset with the water rights identified in paragraph 3 above. 6. Change of Water Rights. Applicants request approval of a change in the type of use of the water rights described in paragraph 3 above to include augmentation purposes. 7. Name and address of owners of land on which points of diversion and places of use are located: a. Points of diversion: (1) Aspen Springs; and (2) Spring Valley Holding USA, Ltd., 177 Main Street, New London, NH 03257; b. Places of Use: (1) Aspen Springs; and (2) Spring Valley Holding USA, Ltd., 177 Main Street, New London, NH 03257. WHEREFORE, Applicants pray for an Order of this Court: a. Granting the application herein and awarding a decree and judgment approving the change of water rights requested and the proposed plan for augmentation, including exchange; b. Specifically determining that the requested change of water rights and plan for augmentation, including exchange, as limited by the terms and conditions proposed, will not injuriously affect the owners of or persons entitled to use water under a vested water right or decreed conditional water right; c. Allowing diversions from the structures identified in paragraph 2 above during times of calls by senior appropriators in the Roaring Fork River and Colorado River stream systems, so long as net depletions during such times are fully compensated for by compliance with the provisions of the proposed augmentation plan; d. Specifically determining that sufficient replacement water is available from the sources described herein and that said water may be used as required to compensate the Roaring Fork River, the Colorado River, and their tributaries for out-of-priority depletions; and e. Approving the exchange requested as part of the augmentation plan with an appropriation date of December 14, 1998. (12 pages)
30. 98CW255 (84CW212) PITKIN, EAGLE AND GARFIELD COUNTIES, ROARING FORK RIVER AND ITS TRIBUTARIES, WATER DISTRICT NO. 38. Application for Amendment of Decree. Basalt Water Conservancy District, c/o Dan Kerst, Schenk, Kerst & deWinter, LLP, 302 Eighth Street, Suite 310, Glenwood Springs, CO 81601, 970-945-2447. 1. Name, address and telephone number of applicant: Basalt Water Conservancy District, c/o Dan Kerst, Schenk, Kerst & deWinter, LLP, 302 Eighth Street, Suite 310, Glenwood Springs, CO 81601, 970-945-2447. 2. Applicant is the owner of the Basalt Conduit water right. The Basalt Conduit was originally decreed for 450 c.f.s., conditional, to be used for the generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial, and industrial uses, with appropriation date of July 29, 1957, Project No. 511, Priority No. 718. The decree for the Basalt Conduit was entered on June 20, 1958 in Civil Action No. 4613, Garfield County District Court. 3. In Case No. 84CW212, Applicant’s DECEMBER 1998 RESUME WATER DIVISION 5 Page 18
request was approved for eleven alternate points of diversion for up to 6.0 c.f.s. from the Basalt Conduit. These eleven points of diversion (two springs and nine wells) are all located in Sections 22, 27, and 29, Township 6 South, Range 88 West of the 6th P.M. 4. Requested Amendment to Original Decree. Add the following wells as alternate points of diversion for the same 6.0 c.f.s. previously awarded to the Basalt Conduit for which alternate points of diversion were established in the Original Decree: a) ASR Well No. 11: Located in the SW¼NE¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,865 feet South of the North line and 1,815 feet East of the West line of said Section 27. b) ASR Well No. 12: Located in the SW¼SW¼ of Section 26, T6S, R88W of the 6th P.M. at a point 1,085 feet North of the South line and 375 feet East of the West line of said Section 26. c) ASR Well No. 13: Located in the NE¼SE¼ of Section 21, T6S, R88W of the 6th P.M. at a point 2,105 feet North of the South line and 500 feet West of the East line of said Section 21. d) ASR Well No. 14: Located in the SW¼SW¼ of Section 22, T6S, R88W of the 6th P.M. at a point 985 feet North of the South line and 760 feet East of the West line of said Section 22. e) ASR Well No. 15: Located in the SE¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,300 feet South of the North line and 2,500 feet East of the West line of said Section 27. f) ASR Well No. 16: Located in the NE¼NE¼ of Section 21, T6S, R88W of the 6th P.M. at a point 1,100 feet South of the North line and 1,200 feet West of the East line of said Section 21. 5. The maximum of 6.0 c.f.s. of the Basalt Conduit allowed by the Original Decree to be diverted at the alternate points of diversion will not be exceeded. None of the wells requested to be added as alternate points of diversion are closer to any existing water rights of other water users than the alternate points designated in the Original Decree. WHEREFORE, Applicant prays for an Order of this Court: a) Granting the application herein and approving the proposed amendment to the decree dated October 7, 1985 in Case No. 84CW212; and b) Adding the points of diversion specified in paragraph 4 above as alternate points of diversion for 6.0 c.f.s. of the Basalt Conduit water right. (4 pages)
31. 98CW256 GARFIELD COUNTY, ROARING FORK RIVER AND ITS TRIBUTARIES, WATER DISTRICT NO. 38. Application for Underground and Surface Water Rights. Aspen Springs Ranch, Inc., c/o Anne J. Castle, Christopher L. Thorne, HOLLAND & HART LLP, P.O. Box 8749, 555 17th Street, Suite 3200, Denver, CO 80201-8749, 303-295-8000. A. Underground Water Rights. 1. Name, address and telephone number of applicant: Aspen Springs Ranch, Inc., c/o Mr. Patrick Sessions, 415 East Hyman Ave., Suite 101, Aspen, CO 81611. 2. Name of wells and permit, registration, or denial numbers: a. Spring Valley Well No. 1 (Well Permit No. 28959-F*). b. Spring Valley Ranch Well No. 2 (Well Permit No. 28960-F*). c. Spring Valley Ranch Well No. 3 (Well Permit No. 28961-F*). d. SVH Well No. 5 (Well Permit No. 28962-F*). e. SVH Well No. 6 (Well Permit No. 28963-F*). f. SVH Well No. 7 (Well Permit No. 28964-F*). g. SVH Well No. 8 (Well Permit No. 28965-F*). h. SVH Well No. 9 (Well Permit No. 28966-F*). i. SVH Well No. 10 (Well Permit No. 28967-F*). j. ASR Well No. 11. k. ASR Well No. 12. l. ASR Well No. 13. m. ASR Well No. 14. n. ASR Well No. 15. o. ASR Well No. 16. * Expired; however, application for renewed permit pending. The decree in 87CW155 requires the State Engineer to approve well permit applications for the wells identified in a.-i. above. 3. Legal description of wells: a. Spring Valley Well No. 1 is located in the SW¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point whence the Northeast Corner of said Section 29 bears N45°00’E 2,800 feet. b. Spring Valley Ranch Well No. 2 is located in the SW¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point whence the Northeast Corner of said Section 29 bears N51°30’E 2,050 feet. c. Spring Valley Ranch Well No. 3 is located in the SE¼NW¼ of Section 29, T6S, R88W of the 6th P.M. at a point whence the NW Corner of Section 29 bears N54°01’16”W 3005.98 feet. d. SVH Well No. 5 is located in the SW¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point 1,600 feet South of the North line and 1,500 feet West of the East line of said Section 29. e. SVH Well No. 6 is located in the SW¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point 2,200 feet South of the North line and 2,400 feet West of the East line of said Section 29. f. SVH Well No. 7 is located in the NE¼NE¼ of Section 29, T6S, R88W of the 6th P.M. at a point 800 feet South of the North line and 1,200 feet West of the East line of said Section 29. g. SVH Well No. 8 is located in the NW¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 800 feet South of the North line and 700 feet East of the West line of said Section 27. h. SVH Well No. 9 is located in the NW¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,100 feet South of the North line and 1,050 feet East of the West line of said Section 27. i. SVH Well No. 10 is located in the SE¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,600 feet South of the North line and 1,550 feet East of the West line of said Section 27. j. ASR Well No. 11 is located in the SW¼NE¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,865 feet South of the North line and 1,815 feet East of the West line of said Section 27. k. ASR Well No. 12 is located in the SW¼SW¼ of Section 26, T6S, R88W of the 6th P.M. at a point 1,085 feet North of the South line and 375 feet East of the West line of said Section 26. l. ASR Well No. 13 is located in the NE¼SE¼ of Section 21, T6S, R88W of the 6th P.M. at a point 2,105 feet North of the South line and 500 feet West of the East line of said Section 21. m. ASR Well No. 14 is located in the SW¼SW¼ of Section 22, T6S, R88W of the 6th P.M. at a point 985 feet North of the South line and 760 feet East of the West line of said Section 22. n. ASR Well No. 15 is located in the SE¼NW¼ of Section 27, T6S, R88W of the 6th P.M. at a point 1,300 feet South of the North line and 2,500 feet East of the West line of said Section 27. o. ASR Well No. 16 is located in the NE¼NE¼ of Section 21, T6S, R88W of the 6th P.M. at a point 1,100 feet South of the North line and 1,200 feet West of the East line of said Section 21. 4. For all wells: a. Source: Spring Valley aquifer, tributary to the Roaring Fork River, for Spring Valley Well No. 1 and Spring Valley Ranch Well Nos. 2 and 3. Basalt and Maroon formations, tributary to Spring Valley aquifer, tributary to the Roaring Fork River, for SVH Well Nos. 5 - 10 and ASR Well Nos. 11 - 16. b. Depth: Spring Valley Well No. 1: 185 feet; Spring Valley Ranch Well No. 2: 300 feet; Spring Valley Ranch Well No. 3: 300 feet; SVH Well Nos. 5-10: 350 feet; ASR Well No. 11: 250 feet; ASR Well No. 12: 470 feet; ASR Well Nos. 13-16: 400 feet. 5. Appropriation information: a. Date of initiation of appropriation: June 29, 1984 as to Spring Valley Well Nos. 1, 2, and 3, and SVR Well Nos. 5-10. December 14, 1998 as to ASR Well Nos. 11-16. b. How appropriation was initiated: By the filing of an application requesting designation of Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2 and 3, and SVH Well Nos. 5-10 as alternate points of diversion for the Basalt Conduit in Case No. 84CW212, Water Division No. 5. By the completion of field work and final development of an integrated, master water resources plan for DECEMBER 1998 RESUME WATER DIVISION 5 Page 19 development of Applicant’s Spring Valley Ranch property as to ASR Well Nos. 11-16. 6. Amount claimed: Spring Valley Well No. 1: 300 gpm conditional; Spring Valley Ranch Well No. 2: 300 gpm conditional; Spring Valley Ranch Well No. 3: 300 gpm conditional; SVH Well Nos. 5-10: 100 gpm conditional; ASR Well Nos. 11, 12: 100 gpm conditional; ASR Well Nos. 13-15: 150 gpm conditional; ASR Well No. 16: 100 gpm conditional. 7. Use or proposed use: Uses for municipal, domestic, livestock, commercial, recreation, aesthetic, fish and wildlife, irrigation of lawns and gardens, shrubs, trees, and golf course and open space property, fire protection, and any other beneficial purposes associated with the Spring Valley Ranch water supply systems. 8. Name and address of owner of land on which points of diversion and places of use are located: a. Points of diversion: Applicant. b. Places of Use: (1) Applicant; and (2) Spring Valley Holding USA, Ltd., 177 Main Street, New London, NH 03257. 9. Remarks: The wells described above are intended to provide water to the Spring Valley Ranch central water supply system, and a supplemental water supply system for irrigation of lawns and gardens, shrubs, trees, and golf course and open space property. The components of the water supply systems will divert water under the priorities established in this proceeding unless there is a shortage of water in the downstream Roaring Fork and Colorado River systems and there is a valid call on Applicant’s junior water rights. If the water rights established herein are unable to divert under their own priorities, the augmentation plan described in Case No. 87CW155, Water Division No. 5, and the augmentation plan proposed in the application submitted by Applicant and the Basalt Water Conservancy District contemporaneously herewith, will be implemented to offset any out-of-priority depletions. B. Surface Water Rights. 1. Name, address and telephone number of applicant: Aspen Springs Ranch, Inc., c/o Mr. Patrick Sessions, 415 East Hyman Ave., Suite 101, Aspen, CO 81611. 2. Name of structure: ASR Ditch No. 1. 3. Legal description of point of diversion: The headgate for ASR Ditch No. 1 is located in the NW¼SW¼ of Section 21, T6S, R88W of the 6th P.M. at a point 1,280 feet North of the South line and 780 feet East of the West line of said Section 21. 4. Source: Landis Creek, tributary to the Roaring Fork River. 5. Appropriation information: a. Date of initiation of appropriation: December 14, 1998. b. How appropriation was initiated: By the completion of field work and final development of an integrated, master water resources plan for development of Applicant’s Spring Valley Ranch property. 6. Amount claimed: 1 cfs conditional. 7. Use or proposed use: Uses for municipal, domestic, livestock, commercial, recreation, aesthetic, fish and wildlife, irrigation of lawns and gardens, shrubs, trees, and golf course and open space property, fire protection, and any other beneficial purposes associated with the Spring Valley Ranch water supply systems. 8. Name and address of owner of land on which point of diversion and places of use are located: a. Point of diversion: Applicant. b. Places of Use: (1) Applicant; and (2) Spring Valley Holding USA, Ltd., 177 Main Street, New London, NH 03257. 9. Remarks: The ditch described above is intended to be one source of water for the Spring Valley Ranch central water supply system and a supplemental water supply system for irrigation of lawns and gardens, shrubs, trees and golf course and open space property. The components of the water supply systems will divert water under the priorities established in this proceeding unless there is a shortage of water in the downstream Roaring Fork and Colorado River systems and there is a valid call on Applicant’s junior water rights. If the water rights established herein are unable to divert under their own priorities, the augmentation plan described in Case No. 87CW155, Water Division No. 5, and the augmentation plan proposed in the application submitted by Applicant and the Basalt Water Conservancy District contemporaneously herewith, will be implemented to offset any out-of-priority depletions. WHEREFORE, Applicant requests that this Court enter a judgment and decree as follows: A. Granting the application and awarding the conditional underground and surface water rights claimed herein; B. Specifically determining that the underground and surface water rights claimed herein, along with the water storage rights, augmentation plan, and rights of exchange for which application has been filed contemporaneously herewith, are part of integrated water supply systems to serve the Spring Valley Ranch property, and related development at that location, and that diligence with respect to one component of the integrated water supply systems constitutes diligence with respect to the entirety of the systems; and C. Specifically determining that Applicant has the right successively to use and reuse to extinction the water diverted into storage pursuant to the water right which is the subject of this application, including use and claiming of credit for return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106. (8 pages)
32. 98CW257 GARFIELD COUNTY, ROARING FORK RIVER AND ITS TRIBUTARIES, WATER DISTRICT NO. 38. Application for Water Storage Rights. Aspen Springs Ranch, Inc., c/o Anne J. Castle, Christopher L. Thorne, HOLLAND & HART LLP, P.O. Box 8749, 555 17th Street, Suite 3200, Denver, CO 80201-8749, 303-295-8000. 1. Name, Address, and Telephone Number of Applicant: Aspen Springs Ranch, Inc., c/o Mr. Patrick Sessions, 415 East Hyman Ave., Suite 101, Aspen, CO 81611, Telephone No. 970-544-3738. 2. Name of Reservoirs: ASR Reservoir Nos. 1, 2, and 3. 3. Legal Description: A. ASR Reservoir No. 1: The dam outlet is located in the NW¼SW¼ Section 21, Township 6 South, Range 88 West of the 6th P.M., approximately 1280 feet North of the South Section Line and 780 feet East of the West Section Line. ASR Reservoir No. 1 is an on-channel reservoir. B. ASR Reservoir No. 2: The dam outlet is located in the SE¼SW¼ Section 27, Township 6 South, Range 88 West of the 6th P.M., approximately 400 feet North of the South Section Line and 1800 feet East of the West Section Line. ASR Reservoir No. 2 is an off-channel reservoir. C. ASR Reservoir No. 3: The dam outlet is located in the SW¼SW¼ Section 22, Township 6 South, Range 88 West of the 6th P.M., approximately 500 feet North of the South Section Line and 700 feet East of the West Section Line. ASR Reservoir No. 3 is an off-channel reservoir. 4. Source: A. ASR Reservoir No. 1: Landis Creek, tributary to the Roaring Fork River. B. ASR Reservoir Nos. 2 and 3: a ditch diverting from Landis Creek at the consolidated alternate point of diversion approved by this Court in Case No. 81CW193 for the Kendall and Stricklett Ditch, Landis Ditch No. 1, Landis Ditch No. 2, O.K. Ditch, Forker and Gibson Ditch, and Frank Chapman Ditch, tributary to the Roaring Fork River. 5. Appropriation: A. Date of appropriation: December 14, 1998. B. How appropriation was initiated: By Applicant’s formation of the intent to appropriate the conditional water storage rights described above, and by the completion of field work and final development of an integrated, master water resources plan for development of Applicant’s Spring Valley Ranch property. C. Date water applied to beneficial use: Not applicable. 6. Amount Claimed, Surface Area, and Capacity: A. ASR Reservoir No. 1: 1. 15 acre feet, conditional; 2. Surface Area of High Water Line: 3 acres; 3. Maximum height of dam: 25 feet; 4. Length of dam: 200 feet; 5. Active Capacity: 15 acre feet; 6. Dead Storage: 0 acre feet. B. ASR Reservoir No. 2: 1. 30 acre feet, conditional; 2. Surface Area of High Water Line: 10 acres; 3. DECEMBER 1998 RESUME WATER DIVISION 5 Page 20
Maximum height of dam: 30 feet; 4. Length of dam: 500 feet; 5. Active Capacity: 30 acre feet; 6. Dead Storage: 0 acre feet; 7. Rate of Diversion: 3 cfs of water diverted at the consolidated alternate point of diversion approved by this Court in Case No. 81CW193 for the Kendall and Stricklett Ditch, Landis Ditch No. 1, Landis Ditch No. 2, O.K. Ditch, Forker and Gibson Ditch, and Frank Chapman Ditch. C. ASR Reservoir No. 3: 1. 20 acre feet, conditional; 2. Surface Area of High Water Line: 12 acres; 3. Maximum height of dam: 20 feet; 4. Length of dam: 400 feet; 5. Active Capacity: 20 acre feet; 6. Dead Storage: 0 acre feet; 7. Rate of Diversion: 3 cfs of water diverted at the consolidated alternate point of diversion approved by this Court in Case No. 81CW193 for the Kendall and Stricklett Ditch, Landis Ditch No. 1, Landis Ditch No. 2, O.K. Ditch, Forker and Gibson Ditch, and Frank Chapman Ditch. 7. Proposed Use: Commercial, municipal, stock watering, recreational, fire protection, domestic, irrigation, aesthetic, fish and wildlife, augmentation, and any other beneficial purpose. Such water will be diverted for immediate application to said uses, both on and off Applicant’s property, for storage and subsequent application to such uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. Applicant claims the right to reuse and successively use such water to extinction and to dispose of the water at Applicant’s discretion. 8. Name and Address of Owner of Land on which Structure for the Water Right is Located (Land Where Dam is Located and Land Within High Water Line): Aspen Springs Ranch, Inc., c/o Mr. Patrick Sessions, 415 East Hyman Ave., Suite 101, Aspen, CO 81611. 9. Remarks: ASR Reservoir Nos. 1, 2, and 3 are part of integrated water supply system with the surface water rights, underground water rights, augmentation plan, and rights of exchange that have been claimed by the Applicant by applications contemporaneously filed with this Court and with the augmentation plan previously decreed in Case No. 87CW155, Water Division No. 5. The above-described water rights will be used in conjunction with and are necessary to serve the demands of development at the Spring Valley Ranch property. WHEREFORE, Applicant requests that this Court enter a judgment and decree as follows: A. Granting the application and awarding the conditional water storage rights for ASR Reservoir Nos. 1, 2, and 3 claimed herein; B. Specifically determining that the ASR Reservoir Nos. 1, 2, and 3 water storage rights requested herein, along with the surface water rights, underground water rights, augmentation plan, and rights of exchange for which application has been filed contemporaneously herewith, are part of integrated water supply systems to serve the Spring Valley Ranch property, and related development at that location, and that diligence with respect to one component of the integrated water supply systems constitutes diligence with respect to the entirety of the systems; and C. Specifically determining that Applicant has the right successively to use and reuse to extinction the water diverted into storage pursuant to the water right which is the subject of this application, including use and claiming of credit for return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106. (5 pages)
33. 98CW258 GARFIELD, EAGLE, AND PITKIN COUNTIES - GROUNDWATER TRIBUTARY TO CATTLE CREEK, TRIBUTARY TO ROARING FORK RIVER, TRIBUTARY TO COLORADO RIVER; FRYING PAN RIVER, TRIBUTARY TO ROARING FORK RIVER. Daniel J. Hogan and Ann V. Hogan, c/o Lori Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Application for Change of Water Right and Plan for Augmentation. CLAIM FOR CHANGE OF WATER RIGHT: Basalt Conduit. Information from previous Decree: Date entered - June 20, 1958, Case No. W-4613, Garfield County Dist. Ct. Decreed point of diversion and headgate: the left side of the Frying Pan River in the NE¼ of the NW¼ of unsurveyed Sec. 18, T. 8 S., R. 84 W. of the 6th P.M. at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8 S., R. 84 W. of the 6th P.M. bears N. 79°00' W., a distance of 2,017.1 ft. Appropriation date: July 29, 1957. Amount: 450 cfs. Use: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. Proposed change: Applicant seeks an alternate point of diversion of the Basalt Conduit in the amount of 0.033 cfs (15 gpm) at the Hogan Well No. 1, more particularly described as follows: Location is Sec. 18, T. 7 S., R. 87 W., 6th P.M., a distance of 900 ft. from the N. section line, and 1,900 ft. from the E. section line, in Garfield County. Depth: 300 ft. Source: groundwater tributary to Cattle Creek. Amount: 15 gpm. Basalt Water Conservancy District (“BWCD”) owns the Basalt Conduit water right. Applicants have a water supply contract with BWCD. Name and address of owner of land upon which point of diversion and place of use are located: Applicant. The proposed well will serve an individual residential site, and the proposed pumping rate will not exceed 15 gpm; the well is therefore exempt from any hearing requirement, see e.g., C.R.S. § 37-90-137(2)(b)(III)(1998). CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION. Water right to be augmented: Hogan Well No. 1. Water rights to be used for augmentation: Park Ditch and Consolidated Reservoir. The Applicants are the owners of an option to perpetually lease 0.3 AF of historic consumptive use decreed in Case No. 79CW097, Water Division No. 5 (hereinafter sometimes referred to as “CLDC water”). The 0.3AF is derived from water rights decreed to the Park Ditch and Reservoir Company. The Park Ditch and Reservoir Company diverts water from Cattle Creek under the following water rights: PARK DITCH WATER RIGHTS Ditch Decreed Amount Priority No. Adjudication Date Appropriation Date C.A. Park Ditch 9.0 221A 6/26/1913 9/12/1904 1627 Park Ditch 4.1 232 6/9/1916 7/1/1912 1821 Park Ditch 1.8 221A 4/16/1917 9/12/1904 1627 Park Ditch 2.0 232 9/5/1918 7/1/1912 1973 The decreed location of all these water rights is NW/SW/SE, Sec. 7, T. 7 S., R. 87 W. Direct flow diversions under the shares in the Park Ditch and Reservoir Company are supplemented by releases from Consolidated Reservoir. This reservoir operates under the following decreed priorities: CONSOLIDATED RESERVOIR WATER RIGHTS Structure Decreed Priority No. Adjudication Appropriatio C.A. Amount Date n Date Con. Res. 595.0 AF 8B 2/15/1921 9/8/1898 2144 DECEMBER 1998 RESUME WATER DIVISION 5 Page 21
CONSOLIDATED RESERVOIR WATER RIGHTS Con. Res. 285.6 AF 678 6/20/1958 9/1/1948 4613 Con. Res. 401.0 AF 654 11/5/1971 9/1/1948 5884 The decreed location of these priorities is NE/NE Sec. 19, T. 6 S., R. 87 W. Historic use: The historic use associated with Applicants’ 0.3 AF of historic consumptive use was adjudicated and determined in Case No. 79CW097 in the Dist. Ct. in and for Water Div. No. 5. Ruedi Reservoir. By contract dated July 13, 1998, up to 0.2 AF of water has been secured by the Applicant from the BWCD’s water allotment contract with the Bureau of Reclamation for Ruedi Reservoir water. Ruedi Reservoir is an on-channel reservoir located in the NW¼NE¼ of Sec. 18, T. 8 S., R. 84 W. of the 6th P.M, in Eagle and Pitkin Counties. Ruedi Reservoir was originally decreed for 140,697.3 AF in Civil Action No. 4613, Garfield County Dist. Ct. on June 20, 1958, with an appropriation date of July 29, 1957, for hydro-electric power generation, irrigation, municipal, domestic, industrial, piscatorial and stock watering uses. Subsequently, in Case No. W-789-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir was reduced from 140,697.3 AF to 102,369 AF. Statement of plan for augmentation: Water will be diverted from the Hogan Well No. 1, as an alternate point of diversion for the Basalt Conduit, on a year-round basis for domestic use for two single-family dwellings on a single residential site. During the months of May through October, inclusive (“the irrigation season”), water will also be diverted under these rights for irrigation of up to 5,000 ft2 of lawn and landscape irrigation. Water will also be diverted for watering of four head of stock. This plan is based upon the assumption that each single-family home is estimated to require an average of 350 gallons/day (“GPD”), based upon 3.5 persons using 100 GPD each. Depletions are estimated to be 15% of diversion; wastewater treatment will be by a septic tank/leach field system. Livestock water demand is estimated to be 11 GPD per head, or 44 GPD total for four horses, and is considered to be 100% consumptive. The irrigation demand is 2.33 AF per acre, based upon the Blaney-Criddle methodology, assuming an 80% irrigation efficiency. Irrigation depletions are assumed to be 1.87 AF per acre. The projected diversion requirements for these augmented uses are 1.150 AF annually, with a projected annual consumptive use of 0.298 AF. Exhibit A, filed with the Ct., is a table summarizing the contemplated monthly diversion and depletion amounts. The Hogan Well No. 1 meets the criteria of well group D of the BWCD delayed depletion categories, as decreed in Case No. 87CW155, Water Div. No. 5. Exhibit B, filed with the Ct., depicts the monthly depletion and delayed return flow factors for well group D. A projected augmentation schedule taking delayed depletions into account is Exhibit C, filed with the Ct. The projected augmentation requirement from the CLDC water is 0.146 AF annually, and the projected requirement for releases from Ruedi Reservoir is 0.025 AF annually. Consistent with prior BWCD decrees, Applicants have anticipated that a call against the Basalt Conduit during the non-irrigation season would occur only in the month of April. The above-described augmentation plan is sufficient to allow uninterrupted diversions from the well, and prevent injury to other vested and decreed conditional water rights. (9 pages)
34. 98CW259 COUNTY OF RIO BLANCO, APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. 1. Name and address of applicant: Exxon Company, USA, a division of Exxon Corporation ("Exxon"), P.O. Box 4358, Houston, TX 77210-4358; c/o Glenn E. Porzak, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302; 2. Description of water rights to be adjudicated and augmented directly or by exchange:(a) The following described water rights each claimed for domestic, industrial, mining, commercial, irrigation and dust suppression uses, with an appropriation date of November 17, 1998, which is the date the staking of these water rights was initiated in the field: (1) Exxon Upper Piceance Creek Diversion, claimed for 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 NE1/4 of Section 1, T. 4 S., R. 95 W., 1050 feet from the N. section line and 2250 feet from E. section line of said Section 1. (2) Exxon Piceance Creek Diversion, claimed for 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SE1/4 of Section 9, T. 2 S., R. 97 W., 2200 feet from S. section line and 1150 feet from E. section line of said Section 9. (3) Exxon Lower Piceance Creek Diversion, claimed for 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NE1/4 of Section 15, T. 1 S., R. 97 W., 2500 feet from N. section line and 2200 feet from E. section line of said Section 15. (4) Exxon Fourteenmile Creek Diversion, claimed for 1.0 cfs conditional, the source of which is Fourteen Mile Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NW1/4 of Section 9, T. 3 S., R. 94 W., 1960 feet from N. section line and 880 feet from W. section line of said Section 9. (5) Exxon Thirteen Mile Creek Diversion, claimed for 1.0 cfs conditional, the source of which is Thirteen Mile Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 SW1/4 of Section 33, T. 2 S., R. 94 W., 280 feet from S. section line and 480 feet from W. section line of said Section 33. (6) Exxon Willow Creek Diversion, claimed for 2.0 cfs conditional, the source of which is Willow Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SE1/4 of Section 4, T. 4 S., R. 97 W., 1800 feet from S. section line and 1900 feet from E. section line of said Section 4. (7) Exxon Upper Collins Gulch Diversion, claimed for 1.0 cfs conditional, the source of which is Collins Gulch Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SW1/4 of Section 9, T. 2 S., R. 96 W., 2300 feet from S. section line and 650 feet from W. section line of said Section 9. (8) Exxon Lower Collins Gulch Diversion, claimed for 1.0 cfs conditional, the source of which is Collins Gulch Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NE1/4 NW1/4 of Section 21, T. 2 S., R. 96 W., 1200 feet from N. section line and 1850 feet from W. section line of said Section 21. (9) Exxon Hunter Creek Diversion, claimed for 2.0 cfs conditional, the source of which is Hunter Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SW1/4 of Section 31, T. 3 S., R. 97 W., 2200 feet from S. section line and 900 feet from W. section line of said Section 31. (10) DECEMBER 1998 RESUME WATER DIVISION 5 Page 22
Exxon Upper Fawn Creek Diversion, claimed for 1.0 cfs conditional, the source of which is Fawn Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NE1/4 of Section 22, T. 3 S., R. 98 W., 1500 feet from N. section line and 1550 feet from E. section line of said Section 22. (11) Exxon Lower Fawn Creek Diversion, claimed for 2.0 cfs conditional, the source of which is Fawn Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SW1/4 of Section 30, T. 2 S., R. 97 W., 250 feet from S. section line and 2600 feet from W. section line of said Section 30. (12) Exxon Upper Black Sulphur Creek Diversion, claimed for 1.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NW1/4 of Section 5, T. 3 S., R. 98 W., 1800 feet from N. section line and 1600 feet from W. section line of said Section 5. (13) Exxon Middle Black Sulphur Creek Diversion, claimed for 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NE1/4 of Section 27, T. 2 S., R. 98 W., 1700 feet from N. section line and 600 feet from E. section line of said Section 27. (14) Exxon Black Sulphur - Fawn Creek Diversion, claimed for 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 SW1/4 of Section 20, T. 2 S., R. 97 W., 1100 feet from S. section line and 1250 feet from W. section line of said Section 20. (15) Exxon Black Sulphur - Piceance Creek Diversion, claimed for 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 NW1/4 of Section 21, T. 2 S., R. 97 W., 100 feet from N. section line and 900 feet from W. section line of said Section 21. (16) Exxon Middle Fork Stewart Creek Diversion, claimed for 3.0 cfs conditional, the source of which is Stewart Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NE1/4 of Section 4, T. 4 S., R. 96 W., 1600 feet from N. section line and 1100 feet from E. section line of said Section 4. (17) Exxon East Fork Stewart Creek Diversion, claimed for 3.0 cfs conditional, the source of which is Stewart Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SW1/4 of Section 35, T. 3 S., R. 96 W., 1650 feet from the S. section line and 1150 feet from the W. section line of said Section 35. (18) Exxon Upper Dry Fork Diversion, claimed for 1.0 cfs conditional, the source of which is Dry Fork, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SW1/4 of Section 4, T. 2 S., R. 95 W., 1300 feet from the S. section line and 1350 from the W. section line of said Section 4. (19) Exxon Lower Dry Fork Diversion, claimed for 3.0 cfs conditional, the source of which is Dry Fork, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SW1/4 of Section 31, T. 1 N., R. 96 W., 1150 feet from the S. section line and 2300 from the W. section line of said Section 31. (20) Exxon Yellow Creek Diversion, claimed for 3.0 cfs conditional, the source of which is Yellow Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NW1/4 of Section 11, T. 1 S., R. 98 W., 1640 feet from the N. section line and 880 feet from the W. section line of said Section 11. (21) Exxon Duck Creek Diversion, claimed for 1.0 cfs conditional, the source of which is Duck Creek, a tributary of Yellow Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NW1/4 of Section 12, T. 1 S., R. 99 W., 1920 feet from the N. section line and 1480 feet from the W. section line of said Section 12. (22) Exxon Corral Creek Diversion, claimed for 1.0 cfs conditional, the source of which is Corral Creek, a tributary of Yellow Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NW1/4 of Section 35, T. 1 S., R. 99 W., 2600 feet from the N. section line and 2560 feet from the W. section line of said Section 35. (23) Exxon Ryan Gulch Diversion, claimed for 1.0 cfs conditional, the source of which is Ryan Gulch, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 NE1/4 of Section 25, T. 2 S., R. 99 W., 300 feet from the N. section line and 2400 feet from the E. section line of said Section 25. (b) The following described water storage rights each claimed for domestic, industrial, mining, commercial, irrigation and dust suppression uses, with an appropriation date of December 14, 1998, which is the date these storage rights were appropriated by intent and planning in conjunction with staking of diversion sites: (1) Exxon Love Ranch Reservoir, claimed for 30 af conditional, the source of which is Piceance Creek by means of the German Consolidated Ditch described herein. The reservoir outlet is located in the SE1/4 NW1/4 of Section 9, T. 2 S., R. 97 W., 2600 feet from the N. section line and 1400 feet from the W. section line of said Section 9. (2) Exxon Boies/Black Sulphur Reservoir, claimed for 50 af conditional, the source of which is Black Sulphur Creek by means of the Boies Ditch described herein. The reservoir outlet is located in the NW1/4 SE1/4 of Section 20, T. 2 S., R. 97 W., 2550 feet from the S. section line and 1900 feet from the E. section line of said Section 20. (3) Exxon B&M Reservoir, claimed for 50 af conditional, the source of which is Piceance Creek by means of the Belot & Moffat Ditch described herein. The reservoir outlet is located in the NE1/4 SW1/4 of Section 26, T. 2 S., R. 97 W., 2300 feet from the S. section line and 2450 feet from the W. section line of said Section 26. (4) Exxon Hunter Creek Reservoir, claimed for 30 af conditional, the source of which is Hunter Creek by means of the Gilmor Ditch described herein. The reservoir outlet is located in the NW1/4 SE1/4 of Section 30, T. 3 S., R. 97 W., 1900 feet from the S. section line and 2200 feet from the E. section line of said Section 30. (5) Exxon Willow Creek Reservoir, claimed for 30 af conditional, the source of which is Willow Creek by means of the Taylor Ditch described herein. The reservoir outlet is located in the NE1/4 NW1/4 of Section 34, T. 3 S., R. 97 W., 100 feet from the N. section line and 1800 feet from the W. section line of said Section 34. (6) Exxon Yellow Creek Reservoir, claimed for 30 af conditional, the source of which is Yellow Creek by means of the Yellow Creek Diversion described herein. The reservoir outlet is located in the NE1/4 NW1/4 of Section 11, T. 1 S., R. 98 W., 400 feet from the N. section line and 1400 feet from the W. section line of said Section 11. (7) Exxon Dry Creek Reservoir, claimed for 20 af conditional, the source of which is Dry Fork Creek by means of the Upper Dry Fork Diversion described herein. The reservoir outlet is located in the SW1/4 SW1/4 of Section 4, T. 2 S., R. 95 W., 600 feet from the S. section line and 100 feet from the W. section line of said Section 4. 3. Description of the sources of augmentation water, and water rights to be changed, stored and/or used by exchange: (a) Ryan Gulch Reservoir. This water right was decreed by the Rio Blanco County District Court in Civil Action No. 1269 for 22,635.2 acre-feet for industrial, municipal, domestic, recreational and manufacturing purposes, DECEMBER 1998 RESUME WATER DIVISION 5 Page 23 including water for the mining, retorting and production of shale oil from oil shale, with a December 15, 1963 appropriation date. The source of this water right is Piceance Creek and the Reservoir is located in Sections 21, 28, 29, 32 and 33, T. 1 S., R. 97 W. of the 6th P.M. and in Sections 4 and 5, T. 2 S., R. 97 W. of the 6th P.M. (b) White River Pumping Pipeline. This water right was decreed by the Rio Blanco County District Court in Civil Action No. 1269 for 100 cfs for industrial, domestic, municipal, recreational, manufacturing and other beneficial uses, with a December 15, 1963 appropriation date. The source of this water right is the White River, and the headgate of the pipeline is a pumping plant located at a point on the left bank of the White River whence corner No. 3 of Tract 40, Section 2, T. 1 N., R. 97 W. of the 6th P.M. bears South 10° 42' West a distance of 1507.2 feet and whence the South Quarter Corner of Section 2, T. 1 S., R. 97 W. of the 6th P.M. bears 01° 51' West a distance of 37,459.5 feet. (c) Love Ranch Water Rights. The water rights described in the attached Exhibit A have been historically used from April through October to irrigate 250 acres located in portions of Sections 9 and 16, T. 2 S., R. 97 W., 6th P.M., resulting in a consumption of 365 acre feet per year. (d) Boies/N&L Ditches. The water rights described in the attached Exhibit B have been historically used from May through October to irrigate 71 acres located in portions of Sections 20, 31 and 36, T. 2 S., R. 97 and 98 W., 6th P.M., and Sections 20, 21, 27, 33 and 34, T. 3 S., R. 98 W., 6th P.M., resulting in a consumption of 115 acre feet per year. (e) B&M Ditch. The water rights described in the attached Exhibit C have been historically used from April through October to irrigate 120 acres located in portions of Sections 22, 25, 26 and 27, T. 2 S., R. 97 W., 6th P.M., resulting in a consumption of 196 acre feet per year. (f)Hunter Creek Ditches. The water rights described in the attached Exhibit D have been historically used from April through October to irrigate 105 acres located in portions of Sections 19, 20, 30 and 31, T. 3 S., R. 97 W., 6th P.M., Section 36, T. 3 S., R. 98 W., 6th P.M., and Sections 14, 15, 16, 21 and 22, T. 4 S., R. 98 W., 6th P.M., resulting in a consumption of 166 acre feet per year. (g) Willow Creek Ditches. The water rights described in the attached Exhibit E have been historically used from April through October to irrigate 90 acres located in portions of Sections 27 and 34, T. 3 S., R. 97 W., 6th P.M. and Sections 4 and 32, T. 4 S., R. 97 W., 6th P.M., resulting in a consumption of 146 acre feet per year. 4. Description of the proposed changes of water rights: (a) Exxon seeks to change the uses of the water rights more particularly described in paragraphs 3(c) through 3(g) above to include domestic, industrial, mining, commercial, irrigation, dust suppression, augmentation, replacement and exchange uses by direct diversion or storage as provided for herein.(b) Exxon seeks to obtain the determination of the historic consumptive use amounts of the water rights described in paragraphs 3(c) through 3(g) above. (c) Exxon seeks the cumulative right to alternately divert 988 consumptive acre feet of the water rights described in paragraphs 3(c) through 3(g) above at the points of diversion of the direct flow and storage rights more particularly described in paragraphs 2(a) and 2(b) above. (d) Exxon seeks the right to alternately store 240 acre feet of the water right described in paragraph 3(a) in the water storage rights described in paragraph 2(b) above. (e) Exxon seeks the right to alternately divert the water right described at paragraph 3(b) above at the points of diversion of the direct flow and storage rights described in paragraph 2(a) and 2(b) above. 5. Description of the plan for augmentation and exchange: Exxon seeks the right to divert water out of priority on a year round basis from the water rights described in paragraph 2 above for all decreed uses in the Piceance Creek/Yellow Creek drainage basins. To permit the requested out of priority diversions hereunder, Exxon proposes to cause the release of or otherwise commit to the Piceance Creek/Yellow Creek drainage basins an equivalent amount of water from the water rights described in paragraph 3. (a) Depletions Assumptions. Except for the continued irrigation use of Exxon’s water rights described in paragraph 3(c) through (g) above, in determining the amount of depletions resulting from Exxon’s use of water pursuant to this plan for augmentation and exchange, it is assumed that all diversions will be 100% consumed for purposes of this augmentation and exchange plan. (b) Measurement Devices. So as to assure the operation of the augmentation and exchange plan, Exxon will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation and exchange water equals the amount of out of priority depletions resulting from Exxon’s water use. (c) Exchange Plan and Reaches. Exxon seeks the right to divert by exchange as more particularly described in paragraphs 4(c), 4(d) and 4(e). The downstream terminus of all the exchanges is the White River Pumping Pipeline described in paragraph 3(b). The upstream termini of the exchanges are as follows: Exchange Creek Diversion Name Application Description Piceance Creek Exxon Upper Piceance Creek Diversion ¶ 2.(a)(1) Fourteen Mile Creek Exxon Fourteen Mile Creek Diversion ¶ 2.(a)(4) Thirteen Mile Creek Exxon Thirteen Mile Creek Diversion ¶ 2.(a)(5) Willow Creek Exxon Willow Creek Diversion ¶ 2.(a)(6) Collins Gulch Exxon Upper Collins Gulch Diversion ¶ 2.(a)(7) Hunter Creek Exxon Hunter Creek Diversion ¶ 2.(a)(9) Fawn Creek Exxon Upper Fawn Creek Diversion ¶ 2.(a)(10) Black Sulphur Creek Exxon Upper Black Sulphur Creek Diversion ¶ 2.(a)(12) Middle Fork Stewart Creek Exxon Middle Fork Stewart Creek Diversion ¶ 2.(a)(16) East Fork Stewart Creek Exxon East Fork Stewart Creek Diversion ¶ 2.(a)(17) Dry Fork Exxon Upper Dry Fork Diversion ¶ 2.(a)(18) Yellow Creek Exxon Yellow Creek Diversion ¶ 2.(a)(20) Duck Creek Exxon Duck Creek Diversion ¶ 2.(a)(21) Corral Creek Exxon Corral Creek Diversion ¶ 2.(a)(22) DECEMBER 1998 RESUME WATER DIVISION 5 Page 24
Ryan Gulch Exxon Ryan Gulch Diversion ¶ 2(a)(23)
Exxon seeks a November 17, 1998 priority date in connection with the subject plan for exchange.
WHEREFORE, Exxon requests that this Court enter a decree which: (i) Grants water rights for the direct flow diversions and water storage rights more particularly described in paragraph 2;(ii) Approves Exxon’s change of water rights described in paragraph 4; (iii) Approves Exxon’s plan for augmentation and exchange described in paragraph 5, including all assumptions in connection therewith; and (iv) Finds that as a result of Exxon’s change of water rights and augmentation and exchange plan there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. (11 pages) Exhibit A Love Home Ranch Water Rights Adjud. Approp. District Headgate Location Ditch Source Date Date Priority CFS T-R-Section McKee B. Sulphur 10/22/1890 5/10/1884 12A 1.50 2S-97W-SENE20 McKee B. Sulphur 05/26/1942 05/01/1917 467 Z 13 3.00 2S-97W-SENE20 MH&M Piceance10/22/1890 04/18/1887 68 4.67 2S-97W-NENE21 German Cons.D. Piceance10/22/1890 03/25/1889 109 1.60 2S-97W-NENE21 German Cons.D.S.1E Piceance05/26/1942 05/01/1917 467Z11 8.50 2S-97W-NENE21 Dixon Piceance05/26/1942 05/01/1917 467Z12 1.27 2S-97W-NENE21 Love Spring/B.Sulphur 08/25/1924 05/01/1911 225 0.20 2S-97W-SESW16 Milo Spring/B.Sulphur 08/25/1924 05/01/1911 226 0.30 2S-97W-SESW16
Exhibit B Boies/N&L Ditches Water Rights
Adjud. Approp. District Headgate Location Ditch Source Date Date Priority CFS T-R-Section Boies B. Sulphur 10/22/1890 10/16/1886 105C 2.00 2S-97W-SWSW20 N&L Fawn 08/17/1925 05/01/1901 272 1.00 2S-98W- NESE36
Exhibit C B&M Ditches Water Rights
Adjud. Approp. District Headgate Location Ditch Source Date Date Priority CFS T-R-Section B&M Piceance 10/22/1890 05/25/1887 77 3.67 2S-97W-SWSW25 B&M 1E Piceance 05/26/1942 05/01/1917 467Z7 4.00 2S-97W-SWSW25
Exhibit D Hunter Creek Water Rights
Adjud. Approp. District Headgate Location Ditch Source Date Date Priority CFS T-R-Section Sawyer Hunter 10/22/1890 05/01/1886 37 2.00 3S-97W-NWSW20 ? Hunter Hunter 10/22/1890 05/15/1888 101 1.00 3S-97W-SENE30 Gilmor Hunter 10/22/1890 05/10/1886 40 1.50 3S-97W-NWSW31
Exhibit E Willow Creek Water Rights
Adjud. Approp. District Headgate Location Ditch Source Date Date Priority CFS T-R-Section Willow Cr. No. 2 East Willow 10/22/1890 09/29/1884 15 1.20 4S-97W-SWSE4 Sec. 33? Willow Cr. No. 3 East Willow 10/22/1890 09/29/1884 16 1.20 4S-97W-SWSE4 Sec. 33? Taylor Willow 10/22/1890 05/09/1888 98 2.00 3S-97W-SWNW34 Ebler Willow 10/22/1890 05/20/1888 102 1.00 3S-97W-NENW34 DECEMBER 1998 RESUME WATER DIVISION 5 Page 25
35. 98CW260 COUNTIES OF EAGLE AND GRAND, APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. 1. Name and address of applicant: CJC Properties, Ltd., 748 Golfmore Drive, Grand Junction, CO 81506. Direct all pleadings to: Glenn E. Porzak, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Description of the structure to be adjudicated and augmented: (a) Ute Creek PUD/Eagle River Diversion, claimed for 3 cfs conditional for domestic, irrigation and commercial uses, the source of which is the Eagle River, the points of diversion being located in the NW1/4 SW1/4 of Section 14, T. 4 S., R. 83 W. , 6th P.M., 650 feet from the W. section line and 1700 feet from the S. section line of said Section 14, and alternately in the NW1/4 SE1/4 of Section 15, T. 4 S., R. 83 W., 6th P.M., 2300 feet from the E. section line and 1900 feet from the S. section line of said Section 15. The date of appropriation is December 17, 1998. (b) Ute Creek Ditch, claimed for 2 cfs conditional for domestic, irrigation and commercial uses, the source of which is Ute Creek, a tributary of the Eagle River, the point of diversion being located in the SE1/4 SE1/4 of Section 1, T. 4 S., R. 83 W., 6th P.M., 200 feet North of the SE Corner of said Section 1. The date of appropriation is December 17, 1998. (c) Ute Creek Reservoir, claimed for 150 acre feet conditional, for domestic, irrigation, commercial and augmentation uses, the source of which is the Eagle River by means of the Ute Creek PUD/Eagle River Diversion described above, Ute Creek by means of the Ute Creek Ditch described above, and Cache Creek, a tributary of Alkali Creek, a tributary of the Eagle River, by means of the Cache Creek Ditch. The headgate of the Cache Creek Ditch is located at a point on the South bank of Cache Creek whence the SW corner of Section 6, T. 4 S., R. 82 W., 6th P.M. bears S. 45°30' W. 3070 feet. The reservoir outlet is located in the NE1/4 NE1/4 of Section 12, T. 4 S., R. 83 W., 6th P.M., 100 feet from the North Section line and 1300 feet from the East Section line of said Section 12. The date of appropriation is December 17, 1998. (d) CJC Reservoir, decreed by the District Court in and for Water Division No. 5 (the "Water Court") in Case No. 97CW237, for 130 acre feet conditional for domestic, irrigation, commercial, industrial, recreation, augmentation, replacement and other uses, the source of which is Cash Creek, tributary to Muddy Creek, tributary to Alkali Creek, tributary to the Eagle River, with an appropriation date of May 1, 1997. The reservoir is to be located in either the NE1/4 NW1/4 or the NE1/4 NE1/4 of Section 1, T. 4 S., R. 83 W., 6th P.M. 3. The sources of augmentation water used directly or by exchange: The Applicant will make application with the Colorado River Water Conservation District ("River District") for the following sources of augmentation water: (a) Pursuant to the River District’s Class A stock in the Eagle Park Reservoir Company, the annual release and/or diversion of up to 15 acre feet from Eagle Park Reservoir and the Arkansas Well more particularly described as follows: (1) Eagle Park Reservoir, decreed by the Water Court in Case Nos. 92CW340 and 93CW301, for a combined total capacity of 27,600 acre feet, with an appropriation date of March 16, 1991, for 5300 acre feet, and May 18, 1993, for 22,300 acre feet, together with the right to divert at the rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant to the application of the Water Court pending in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. The north abutment of the dam crest is located approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. In addition to the tributary area upstream of the reservoir, the specific points of diversion into storage for Eagle Park Reservoir are as follows: (A) The East Fork Interceptor Ditch, which has a capacity of 48 cfs and diverts from unnamed tributaries of the East Fork of the Eagle River at the following points, all of which are located in Eagle County, Colorado: (i) 900 feet south of the north section line and 1100 feet west of the east section line of Section 5, T. 8 S., R. 79 W., 6th P.M. (ii) 1250 feet south of the north section line and 700 feet east of the west section line of Section 4, T. 8 S., R. 79 W., 6th P.M. (iii) 1200 feet north of the south section line and 800 feet east of the west section line of Section 33, T. 7 S., R. 79 W., 6th P.M. (iv) Runoff, surface flow, and seepage from the area above the East Fork Interceptor Ditch as it runs between the above-described points of diversion and Eagle Park Reservoir. (B) The Chalk Mountain Interceptor Ditch, which has a capacity of 12 cfs and diverts runoff and seepage as it runs a distance of approximately 3.4 miles from Fremont Pass, located in the W/2 of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterly along State Highway 91 and the South side of Robinson Tailing Pond, thence westerly to the south of Chalk Mountain Reservoir and Robinson Reservoir, thence northwesterly to Eagle Park Reservoir. The Chalk Mountain Interceptor Ditch diverts water from the headwaters of Tenmile Creek in Summit County and from the headwaters of the East Fork of the Eagle River in Eagle County. (C) The East Interceptor Ditch, which has a capacity of 20 cfs and runs northeasterly from a point whence the northeast corner of Section 2, T. 8 S., R. 79 W., 6th P.M. bears North 77°20' East a distance of 850 feet at the north fork of McNulty Creek, thence along the east side of Robinson and Tenmile Tailing Ponds into Supply Canal No. 1 described below. The East Interceptor Ditch diverts water from the north fork of McNulty Creek and surface flow, seepage, and runoff from watersheds above it that are tributary to Tenmile Creek. (D) The Supply Canal No. 1, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (i) On the west bank of Humbug Creek at a point whence the southwest corner of Section 18, T. 7 S., R. 78 W. bears South 71°35' West a distance of 3250 feet. (ii) On the south bank of Mayflower Creek at a point whence the northeast corner of Section 24, T. 7 S., R. 79 W., 6th P.M. bears North 16°55' East a distance of 2250 feet. (iii) Runoff, surface flow, and seepage from the area above the Supply Canal No. 1 as it runs between the above-described points of diversion and the Climax Mill. (E) The Supply Canal No. 2, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (i) On the west bank of Searle Creek at a point whence U.S.L.M. Kokomo bears South 45°58' East 3740 feet (located in the NW1/4 of the SE1/4 of Section 13, T. 7 S., R. 79 W., 6th P.M.). (ii) On the south bank of Kokomo Creek at a point whence U.S.L.M. Kokomo bears North 39°36' east 2635 feet (located in the SE1/4 of Section 22, T. 7 S., R. 79 W., 6th P.M.). (iii) Runoff, surface flow, and seepage from the area above the Supply DECEMBER 1998 RESUME WATER DIVISION 5 Page 26
Canal No. 2 as it runs between the above-described points of diversion and the Climax Mill. (F) The East Fork Pumping Plant, which has a capacity of 6 cfs and diverts from the East Fork of the Eagle River at a point in the SE1/4 NE1/4 of Section 32, T. 7 S., R. 79 W., 6th P.M. at a point whence the NE corner of said Section 32 bears N. 31°53' E. a distance of 2414 feet. As Eagle Park Reservoir is augmented by exchange by decree of the Water Court in Case No. 95CW348. (2) Arkansas Well, being the first 455 acre feet per year of historic transbasin diversions from an undivided 1/7th interest in and to that certain water right known as the Stevens and Leiter Ditch, originally decreed by the Chaffee County District Court for 38 cfs with a priority date of September 1, 1873, as changed by the Chaffee County District Court, in Civil Action No. 5276, to a new point of diversion which is a well located in the E1/2 SE1/4 SE1/4 of Section 10, T. 8 S., R. 79 W. of the 6th P.M., whence the SE corner of Section 10 bears South 17°37' East, a distance of 364.8 feet, on the East Fork of the Arkansas River in Lake County, Colorado, as said change was confirmed by the District Court in and for Water Division No. 2, in Case No. 91CW028, providing that said water could be diverted at the rate of 1.086 cfs, with an annual volumetric limit of 786 acre feet, to the Colorado River Basin for use and disposition there, without any return flows to the Arkansas River Basin, together with the right to use, reuse and successively use said water to extinction. (b) As an alternate to the 15 acre feet of water from Eagle Park Reservoir and Arkansas Well water described in paragraph 3(a) above, the Applicant may obtain the annual release of up to 10 acre feet from Homestake Reservoir by virtue of the River District’s Class B stock in the Eagle Park Reservoir Company. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by the Eagle County District Court in Civil Action No. 1193 for 83,338.98 acre feet conditional, 43,504.7 acre feet of which is now absolute. This reservoir is located on Homestake Creek with a dam being located whence the NW Corner of Section 31, T. 7 S., R. 80 W., 6th P.M. bears N. 58°30.6' E. 24,659 feet from the East dam abutment and N. 62°25.8' E. 25,746 feet from the West dam abutment. The sources of supply of said reservoir are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. In addition, Aurora and Colorado Springs may provide to the River District water released from those surface and ground water storage rights sought by Aurora and Colorado Springs in Case Nos. 88CW449 and 95CW272, in the District Court for Colorado, Water Division No. 5. (c) 155 acre feet of water from Wolford Mountain Reservoir (a/k/a Gunsight Pass Reservoir) decreed by the Water Court as follows: (1) Case No. 87CW283: Date: November 20, 1989. Legal description of point of diversion or place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251. Appropriation Date: December 14, 1987. Decreed Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. (2) Case No. 95CW281: Date: August 26, 1997. Legal description of point of diversion or place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the 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 S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy Creek and its tributaries. Amount: 6,000 acre feet conditional. Appropriation Date: January 16, 1995. Decreed Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation 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 the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. (3) Case No. 98CW237: Date: Application filed December 22, 1998. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W. 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 S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75°28'29" E. Source: Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 acre feet being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses previosuly adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgement and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). (d) CJC Reservoir, described in paragraph 2(d) above. No decree will be entered in this case until Applicant has executed a contract with the Colorado River Water Conservation District for the augmentation sources described in paragraphs 3(a)-3(c) above. 4. Plan for Augmentation and Exchange. Applicant seeks the right to divert water out of priority on a year round basis from the water rights described in paragraph 2 for a residential and golf course development to be located on 1300 acres in Sections 1, 2, 11 and 12, T. 4 S., R. 83 W., 6th P.M. (a) Depletion Assumptions. The following water requirements and depletion assumptions will be used in determining the amount of depletions resulting from the use of water in connection with the Applicant’s proposed development: (i) In-house domestic and commercial diversions from the water rights described in paragraph 2 above will be metered. As in-house wastewater will be treated by a central treatment plant, 5% of in- house domestic and commercial diversions will be consumed. Current projections are for a total of 300 acre feet of in-house diversions in connection with the proposed development, of which a maximum of 15 acre feet will be consumed. (ii) 1.6 acre feet of water will be annually consumed for each acre of irrigated turf grass and landscape in connection with the residential development, and 1.5 acre feet of water will be annually consumed for each acre irrigated in connection with the golf course (with pro rata adjustments for partial acres). The golf course (100 acres) and residential lawns (35 acres) associated with the development will total approximately 135 acres. However, as DECEMBER 1998 RESUME WATER DIVISION 5 Page 27
the water rights described in paragraph 2 will be only a supplemental supply for the golf course, approximately 131 acre feet of water diverted out of priority under said water rights will be consumed in connection with the irrigation of said golf course (75 af) and residential lawns (56 af). (iii) Evaporation losses from the Ute Creek Reservoir described in paragraph 2(c) will be 2.37 acre feet per surface acre. The Reservoir is estimated to have 10 surface acres, evaporation losses from this reservoir is estimated at 23.7 acre feet per year. In order to allow for the mix of water uses within the proposed developments to change over time, Applicant seeks the right to change the mix of water uses permitted under this plan from those currently projected as long as the total out-of-priority depletions of the described development based on the depletion assumptions set forth above do not exceed 170 acre feet annually. (b) Augmentation Water. To permit the requested out of priority diversions in connection with the proposed development, Applicant proposes to cause the release of or otherwise commit to the Eagle River/Colorado River drainage basins water from Eagle River Reservoir and the Arkansas Well (described in paragraph 3(a)) or Homestake Reservoir (described in paragraph 3(b)) to replace out of priority in-house domestic and commercial depletions as calculated in accordance with paragraph 4(a)(i) above, and Wolford Mountain Reservoir (described in paragraph 3(c)) to replace out of priority irrigation depletions resulting from the proposed development as calculated in accordance with paragraph 4(a)(ii) above. (c) Measurement and Accounting. So as to assure the operation of the subject augmentation and exchange plan, the Applicant will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation water equals the amount of consumptive use resulting from the out of priority diversions augmented herein. (d) Exchange Plan Reaches. The Applicant seeks a December 17, 1998 priority date in connection with the subject plan for exchange. The downstream terminus of the exchange is the confluence of the Eagle and Colorado Rivers . The upstream termini of said exchange are the water rights described in paragraphs 2(a) - 2(d) above. The maximum rate of said exchange is 3 cfs. WHEREFORE, the Applicant requests that this Court enter a decree which: (i) Adjudicates the water rights described in paragraph 2 above; (ii) Approves the Applicant’s plan for augmentation and exchange described in paragraph 4; and (iii) Finds that as a result of the Applicant’s augmentation and exchange plan there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. (9 pages)
36. 98CW261 GARFIELD COUNTY-THREE MILE CREEK, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. G. Thomas Morton, Raymond A. and Margaret D. Morgan, Catherine I. Lucas, c/o Scott Balcomb, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Hughes Garden Ditch, Second Enlargement, Hughes Garden Ditch, Third Enlargement-Application for Surface Water Rights. FIRST CLAIM FOR SURFACE WATER RIGHT. Structure: Hughes Garden Ditch, Second Enlargement. Legal description of point of diversion: The headgate is located on the south bank of Three Mile Creek in Garfield County, Colorado at a point whence the corner to Sections 21, 22, 27 and 28, T. 6 S., R. 89 W. of the 6th P.M. bears North 41º 20' East 1531.8 feet. Appropriation: June 1, 1936, initiated and completed by diverting the water and placing it to beneficial use for irrigation of lawns and gardens. Date water applied to beneficial use: June 1, 1936. Amount: 0.3 cfs, absolute. Use: lawn and garden irrigation associated with three domestic residences. Number of acres historically irrigated: Five. Number of acres proposed to be irrigated: Five. Legal description of acreage: approximately 5 acres located in the W ½ NW 1/4 Section 27, T. 6 S., R. 89 W. of the 6th P.M. Name and address of owners of land on which points of diversion and places of use are located: Applicants. SECOND CLAIM FOR SURFACE WATER RIGHT. Structure: Hughes Garden Ditch, Third Enlargement. Legal description of point of diversion: see above. Appropriation: December 29, 1998, initiated by filing an application for a surface water right and formation of intent to appropriate. Amount 0.18 cfs, conditional. Use: lawn and garden irrigation associated with three domestic residences. Number of acres proposed to be irrigated: Three. Legal description of acreage: approximately 3 acres located in the W ½ NW 1/4 Section 27, T. 6 S., R. 89 W. of the 6th P.M. Name and address of owners of land on which points of diversion and places of use are located: Applicants. (4 Pages).
37. 98CW262 GARFIELD COUNTY - FUHER CREEK, CATTLE, CREEK, ROARING FORK RIVER. Barbara Hurwitz; Little Creek Ranch; 8240 County Road 115; Glenwood Springs, CO 81601 970-945-8973. Little Creek Ranch Pond #1 and Little Creek Ranch Pond #2 - Application for Water Storage Right. Location: Pond #1 - to center line of dam 1450 feet north of the south sec. line and 1455 feet west of the east sec. line of Sec. 35, T. 6 S., R. 88 W., 6th P.M., Pond #2 - to center line of dam at outlet 970 feet north of the south sec. line and 1620 feet west of the east sec. line of Sec. 35, T. 6 S., R. 88 W., 6th P.M. Appropriation: December 31, 1935. Amount: Pond #1-0.35 a.f., absolute and 3.0 a.f., conditional, Pond #2 - 5.9 a.f., absolute and 10.0 a.f., conditional. Use: irrigation, domestic, livestock fire protection, fisheries, recreation, wilflife, augmentation and all other beneficial uses. (3 pages)
38. 98CW263 Eagle County; DeLia Well, DeLia Pond; tributary to the Eagle River; Water District No. 37. Richard DeLia, c/o Thomas L. Adkison, Hill, Edwards, Edwards & Adkison, L.L.C., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963- 3900. FIRST CLAIM: APPLICATION FOR UNDERGROUND WATER RIGHT. Structure: DeLia Well. Legal description: SW1/4NE1/4 Section 22, Township 4 South, Range 84 West of the 6th P.M., at a point 2600 feet from the North section line and 2500 feet from the East section line of said Section 22. Source: Groundwater tributary to the Eagle River, tributary to the Colorado River. Date of appropriation: March 5, 1998. Date water applied to beneficial use: N/A. How initiated: By the formation of intent to appropriate underground water and the development of a water use site plan for the property. Amount claimed: 0.11 c.f.s. (50 g.p.m.), conditional. Use: irrigation, stock watering, fire protection, aesthetic, recreation and wildlife habitat. Number of acres being irrigated: 0 acres. Number of acres proposed to be irrigated: Supplemental irrigation of 20 acres of agricultural land owned by applicant and generally located in the NE1/4 and SE1/4 of Section 22, Township 4 South, Range 84 West of the 6th P.M. (Lot 8, Highlands Meadows Estates at Castle DECEMBER 1998 RESUME WATER DIVISION 5 Page 28
Peak Ranch, Eagle County, Colorado). SECOND CLAIM: APPLICATION FOR WATER STORAGE RIGHT. Structure: DeLia Pond. Legal description: NW1/4SE1/4 of Section 22, Township 4 South, Ranch 84 West of the 6th P.M., at a point 2,700 feet from the North section line and 2,600 feet from the East section line of said Section 22. If off-channel reservoir, name and capacity of ditch used to fill reservoir and legal description of point of diversion: To be filled by natural runoff tributary to the pond and by the DeLia Well, as applied for in the First Claim, above. Source: Surface and ground water tributary to the Eagle River, tributary to the Colorado River. Date of appropriation: March 5, 1998. How initiated: By location of the pond site and formation of the intent to divert water. Date water applied to beneficial use: N/A. Amount claimed: 10 acre feet, conditional. If off-channel reservoir, rate in c.f.s. for filling the reservoir: 0.11 c.f.s., conditional, from the DeLia Well. Use: Irrigation, stock watering, aesthetic, recreation, fire protection and wildlife habitat. Acres historically irrigated: 0 acres. Acres proposed to be irrigated: 20 acres. Legal description of acreage to be irrigated: Supplemental irrigation of 20 acres of agricultural land owned by applicant and generally located in the NE1/4 and SE1/4 of Section 22, Township 4 South, Range 84 West of the 6th P.M. (Lot 8, Highlands Meadows Estates at Castle Peak Ranch, Eagle County, Colorado). Surface area of high water line: 1.0 acres. Maximum height of dam in feet: 10 feet. Length of dam in feet: 250 feet. Total capacity of reservoir in acre- feet: 10 acre-feet. Active capacity: 10 acre-feet. Dead storage: 0 acre-feet. Owner of land on which structure located: Applicant. THIRD CLAIM: APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. Structures: DeLia Well and DeLia Pond. Previous decree for augmentation water: Green Mountain Reservoir. Date entered: October 5, 1955. Case Number: Consolidated Case Nos. 2782, 5016 and 5017. Court: Federal District Court for the District of Colorado. Legal description of place of storage: Sections 11-15 and 24, Township 2 South, Range 80 West and Sections 17-21, 28, 29, 33 and 34, Township 2 South, Range 79 West of the 6th P.M. Source: Blue River. Amount: 154,645 acre-feet, together with a refill right of 6,316 acre-feet. Appropriation date: August 1, 1935. Decreed Use: Green Mountain Reservoir, as decreed for the purposes set forth in Senate Document No. 80, 75th Congress, 1st Session, dated June 15, 1937. Previous decree for augmentation water: Eagle Park Reservoir. Applicant is applying to the Colorado River Water Conservation District (“River District”) for a long-term water service contract for the release of water from Eagle Park Reservoir. The water delivered to or for the benefit of the River District’s contractors as “Eagle River Supplies” will be based on the following water rights. (A) Eagle Park Reservoir. The River District’s 2,000 shares of Class A, Series 2 stock in the Eagle Park Reservoir Company entitle the River District to the annual release and/or diversion of up to 200 acre feet from Eagle Park Reservoir and the Arkansas Well more particularly described as follows: (1) Eagle Park Reservoir, decreed by the Water Court in Case Nos. 92CW340 and 93CW301, for a combined total capacity of 27,600 acre feet, with an appropriation date of March 16, 1991, for 5,300 acre feet, and May 18, 1993, for 22,300 acre feet, together with the right to divert at the rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant to the application of the Water Court pending in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. The north abutment of the dam crest is located approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. In addition to the tributary area upstream of the reservoir, the specific points of diversion into storage for Eagle Park Reservoir are as described in Case Nos. 92CW340 and 93CW301 as follows: East Fork Interceptor Ditch, Chalk Mountain Interceptor Ditch, East Interceptor Ditch, Supply Canal No. 1, Supply Canal No. 2. Another specific point of diversion into Eagle Park Reservoir is the East Fork Pumping Plant, as described in 97CW288. Eagle Park Reservoir is also augmented by exchange by decree of the Water Court in Case No. 95CW348. (2) Arkansas Well, being the first 455 acre feet per year of historic transbasin diversions from an undivided 1/7th interest in and to that certain water right known as the Stevens and Leiter Ditch, originally decreed by the Chaffee County District Court for 38 cfs with a priority date of September 1, 1873, as changed by the Chaffee County District Court, in Civil Action No. 5276, to a new point of diversion which is a well located in the E ½ SE 1/4 SE 1/4 of Section 10, T. 8 S., R. 79 W. of the 6th P.M., whence the SE corner of Section 10 bears South 17º37' East, a distance of 364.8 feet, on the East Fork of the Arkansas River in Lake County, Colorado, as said change was confirmed by the District Court in and for Water Division No. 2, in Case No. 91CW028, providing that said water could be diverted at the rate of 1.086 cfs, with an annual volumetric limit of 786 acre feet, to the Colorado River Basin for use and disposition there, without any return flows to the Arkansas River Basin, together with the right to use, reuse and successively use said water to extinction. (B) Exchange Supply. Pursuant to a Memorandum of Understanding dated effective as of April 21, 1998 (the “MOU”) among the City of Aurora, the City of Colorado Springs, the River District, Climax Molybdenum Company, Vail Associates, Inc., the Upper Eagle Regional Water Authority, and the Eagle River Water & Sanitation District; and the Water Exchange Agreement dated June 17, 1998 among Aurora, Colorado Springs, and the Eagle Park Reservoir Company, Aurora and Colorado Springs agreed to make up to 500 acre feet of water available for West Slope use from facilities owned and operated by Aurora and Colorado Springs in exchange for up to 800 acre feet of replacement water from the West Slope participants. The River District’s 100 shares of Class B stock in the Eagle Park Reservoir Company entitle the River District to up to 100 acre feet per year of consumptive beneficial use water to be derived from fully consumable water annually diverted by and/or stored in the following structures owned and controlled by Aurora and Colorado Springs: (1) Homestake Project. The following structures were decreed by the Eagle County District Court in Civil Action No. 1193 (collectively “Homestake Reservoir”): French Creek Intake, Fancy Creek Intake, Missouri Creek Intake, Sopris Creek Intake, East Fork Conduit, Homestake Tunnel, Homestake Reservoir, also known as Elliott-Weers Reservoir. (2) Camp Hale Project. Aurora and Colorado Springs may provide to the River District water released from those surface and ground water storage rights sought by Aurora and Colorado Springs in Case Nos. 88CW449 and 95CW272, District Court for Colorado Water Division No. 5. Statement of plan for augmentation: Applicant is the owner DECEMBER 1998 RESUME WATER DIVISION 5 Page 29
of 35+ acres of land generally located in the NE1/4 and SE1/4 of Section 22, Township 4 South, Range 84 West of the 6th P.M. The proposed water uses are for supplemental irrigation of 20 acres of hay and pasture, watering of up to 10 head of livestock and maintenance of one pond for aesthetic, recreational, fire protection and wildlife habitat purposes. Approximately 70% of the annual irrigation demand will be met by the existing water rights which are appurtenant to the land, based on historic water availability. No augmentation is necessary for use of these water rights. Supplemental irrigation water will be provided by diversions from the DeLia Well. Irrigation will be done by a side roll or big gun system with an irrigation efficiency of 70 percent. Another well on the property is currently in existence and permitted as an exempt well under Permit No. 199092. The Applicant will continue to use the exempt well for the purposes allowed under the permit after this plan for augmentation is approved. All in-house water for the single-family residence and the caretaker or guest house will be provided by the exempt well. Total depletions from irrigation, pond evaporation (100% consumptive), and stock watering (100% consumptive) are calculated to be 16.34 acre-feet annually. The Applicant is in the process of applying to the United States Bureau of Reclamation and to the Colorado River Water Conservation District for long-term water service contracts for the release of water from Green Mountain Reservoir and Eagle Park Reservoir in the total amount of 17.3 acre-feet. The water released pursuant to those contracts will replace out-of priority depletions through the DeLia Well, affecting senior water rights, including minimum stream flow rights owned by the Colorado Water Conservation Board, on the Colorado River and the Eagle River below Eagle Park Reservoir. The releases shall include 5% to compensate for transit loss. Annual stream depletions of 16.44 acre-feet are expected to occur equally over the year at a rate of 6.94% per month, requiring minimum augmentation water releases of 1.44 acre-feet per month under this plan. (23 pages)
39. 98CW264 EAGLE COUNTY, LAKE CREEK AND COLORADO RIVER,; John B. Dorn, c/o Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Spgs, CO. Application For Water Rights And For Approval Of Plan For Augmentation, Including Exchange. 1st Claim: Dorn Wells No. 1 2 and 3. Legal Desc. Well No. 1: SW1/4 SE1/4, 1,260 feet from South sec. line, and 2610 feet from East section line. Legal Desc. of Well No. 2: NW1/4 SE1/4, 1640 feet from South sec. line, and 2400 feet from East sec. line. Legal Desc. of Well No. 3: NW1/4 SE1/4, being 2150 feet from South sec. line, and 2250 feet from East sec. line. Wells are all in Sec. 19, T5S, R82W, 6th P.M. Source: Groundwater trib. to Lake Creek and Colorado River, Depth: 200 feet. Approp.: 2/28/98. Initiated by: Field inspection, lot purchase, legal analysis, formulation of intent to divert and apply water to beneficial use. Amt.: 0.055 c.f.s. (25 g.p.m.), cond., each well. Use: Domestic, stockwater (6 head), irrigation of 1.0 acres in NW1/4 SE1/4, Sec. 19, T5S, R82W, 6th P.M.. Applicant intends to contract with the CRWCD for the Eagle River Marketing program for the Eagle River Drainage using Eagle Park Reservoir: Cases 92CW340, 93CW301, and 95CW348, Water Div. No. 5, CO. The N. abutment of the dam is in Sec. 28, T7S, R79W, 6th P.M., Eagle County. Source: Eagle River and its tributaries; and/or Arkansas Well, 455 A.F. per year of historic transbasin diver. from 1/7th interest of Stevens and Leiter Ditch, decreed in Chaffee County Dist. Ct. for 38 c.f.s. with a priority date of 9/1/1873, as changed by Chaffee County Dist. Ct., in C.A. No. 5276, to a well located in the E1/2 SE1/4 SE1/4, Sec. 10, T8S, R79W, 6th P.M., whence the SE corner of Sec. 10 bears S. 17°37’ E., a distance of 364.8 ft, on the E. Fork of the Arkansas River in Lake County, CO, confirmed in Case No. 91CW028, Water Div. 2, without return flows to the Arkansas River Basin, with the right to use, reuse and successively use said water to extinction; and/or Camp Hale Project. Aurora and Colorado Springs may provide to the CRWCD water released from those surface and ground water storage rights sought by Aurora and Colorado Springs in Cases Nos. 88CW449 and 95CW272, Water Div. 5; and/or Exchange Supply, pursuant to an MOU dated 7/21/98, by and between Aurora, Colorado Springs, CRWCD, Climax Molybdenum Co., Vail Assoc., Upper Eagle Regional Water Assoc. and Eagle River Water & San. Dist. and the Water Exchange Agreement dated 6/`7/98, between Aurora, Colorado Springs and Eagle Park Reservoir Co., on file with the CRWCD denoted as the Homestake Project, decreed to Homestake Reservoir in Case No. 1193, Eagle County Dist. Ct. Dam, intakes and East Fork Conduit, located in Sec. 31, T7S, R90W, 6th P.M. Tunnel located in Sec. 10, T9S, R81W, 6th P.M. Sources: Homestake Creek, French Creek, Sopris Creek, Fancy Creek, Missouri Creek, tributary to Eagle River; and/or Wolford Mountain Reservoir: Date entered: 11/20/89. Case No.: 87CW283, 95CW281 and 98CW237, Water Div. No. 5, Colorado. The Dam is in the SW1/4 NE1/4 Sec. 25, T2N, R81W, 6th P.M. Source: Muddy Creek and its trib.; and/or Ruedi Reservoir decreed in Garfield Cnty. Dist. Ct. in C.A. No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses, appropriation 7/29/57. Ruedi Reservoir is in Secs. 7, 8, 9, 11 and 14-18, T8S, R84W, 6th P.M., in Eagle and Pitkin Counties, source, Fryingpan River. The Wells will be used to serve 2 residences, swimming pool and pool house, stockwater and irrigation. The homes and pool home will use a septic tank/leach field system. Monthly diversions and depletions from the use of the Wells are described in Table 1, attached to this Application. In-house use is 350 g.p.d. per residence, 66 g.p.d. for the pool house (5 mo.); pool is 400 g.p.d. (May to September). Stockwater use is 15 g.p.d. per head, 100% consumptive. Irrigation use assumes 2.09 A.F. with an irrigation efficiency of 80%. Total annual diversions will be no more than 3 A.F and 1.87 A.F. of C.U. Depletions are estimated to be 15% of the amount diverted for domestic and pool use, 80% of the amount diverted for irrigation, the remainder returning directly to the Colorado River. These depletions will be replaced on a monthly basis with water released from the above sources in amounts equal to the amount of monthly depletion set forth in Table 1 attached. Appropriative right of exchange from the point of depletion (the Wells) to the point of replacement (the Eagle River at the confluence with Lake Creek), with an approp. date of 2/28/98, at a rate of 25 g.p.m., 3 A.F. An engineering report from Resource Engineering is attached. (6 pages)
40. 98CW265 PITKIN COUNTY, DRY CREEK and EAST SOPRIS CREEK, ROARING FORK RIVER. Don R. and Paige T. Holloway, c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Application to Make Absolute Certain Conditional Water Rights and for Finding of Reasonable Diligence. Structures: Dry Creek Ditch DECEMBER 1998 RESUME WATER DIVISION 5 Page 30
No. 2, Dry Creek Pond No. 1, and Shaffer Pond Well. Decreed: Dec. 30, 1992, Case No. 92CW039. Locations: the point of diversion for Dry Creek Ditch No. 2 is on Dry Creek in the SE¼ SW¼ of Sec. 24, T. 8 S., R. 87 W. of the 6th P.M. at a point 500 ft. from the S. Sec. line and 2,700 ft. from the E. Sec. line of said Sec. 24; Dry Creek Pond No. 1 is in the SE¼ SW¼ of Sec. 24, T. 8 S., R. 87 W. of the 6th P.M. at a point 400 ft. from the S. Sec. line and 2,900 feet from the E. Sec. line of said Sec. 24; Shaffer Pond Well is located in the SW¼ SE¼ of Sec. 24, T. 8 S., R. 87 W. of the 6th P.M. at a point 600 ft. from the S. Sec. line and 2,320 ft. from the E. Sec. line of said Sec. 24. Source: Dry Creek and East Sopris Creek. Approp. Dates: Feb. 14, 1992 (Dry Creek Ditch No. 2 and Dry Creek Pond No. 1); June 1, 1986 (Shaffer Pond Well). Amts: 0.50 c.f.s. cond. (Dry Creek Ditch No. 2); 0.30 AF cond. (Dry Creek Pond No. 1); 0.17 AF (Shaffer Pond Well). Uses: recreation, aesthetic and augmentation (Dry Creek Ditch No. 2 and Dry Creek Pond No. 1); aesthetic and piscatorial (Shaffer Pond Well). Relief Requested: Applicant seeks to make Dry Creek Ditch No. 2 absolute for recreation and aesthetic purposes at the full decreed rate (0.50 c.f.s.) and Shaffer Pond Well absolute for all decreed purposes in the full decreed amount (0.17 AF). Applicant also seeks a finding of reasonable diligence as to Dry Creek Pond No. 1 and the augmentation use for Dry Creek Ditch No. 2. In the alternative, Applicant seeks a finding of reasonable diligence as to all three subject water rights. An outline of activity during the diligence period is included in the Application. (5 pages)
41. 98CW266 RIO BLANCO COUNTY - WHITE RIVER. Phillip Jensen, c/o Scott Balcomb, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602 (970) 945-6546. Jensen Pump and Pipeline - Application for Change of Water Right. Decreed: August 10, 1978, Case No: W-3658. Decreed point of diversion: Located on the South bank of the White River at a point located S. 60°20' W., 1,606.5 feet from the Northeast Corner of Section 32, T. 1 N., R. 94 W. of the 6th P.M. (see Figure 1). Appropriation: September 20, 1977. Amount: 5.0 cfs, conditional. Use: Conditional water right for domestic, irrigation, municipal, industrial, commercial and fire protection purposes. Proposed change: The Applicant requests the change of use from direct flow to direct flow for present uses plus direct flow to store diversions in two reservoir sites (Figure 1). Reservoir legals are as follows: Jensen Hogback Reservoir No. 1: Located in the East half of the Southeast Quarter of Section 8, Township 1 South, Range 94 West of the 6th P.M., Rio Blanco County, Colorado. Surface Owner: Jensen Ranch, Meeker, Colorado. Size: 548 AF. Jensen Hogback Reservoir No. 2: Located in the East half of the Southeast Quarter of Section 17, Township 1 South, Range 94 West of the 6th P.M., Rio Blanco County, Colorado. Surface Owner: Jensen Ranch, Meeker, Colorado. Size (Est.): 165 Acre Feet. (3 pages)
42. 98CW267 RIO BLANCO COUNTY, PICEANCE CREEK, Shell Frontier Oil & Gas Inc., c/o William A. Wood, Senior Counsel, P.O. Box 576, Houston, TX 77001, (281) 544-2626, c/o its attorneys: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262; Application for Surface Water Rights and Water Storage Rights; First Claim for Relief (Surface Water Rights): Structures: Oldland Ditch No. 1, Jones Reservoir Enlargement; Oldland Ditch No. 2, Jessup Reservoir Enlargement; Jessup Reservoir Ditch; Legal: Oldland Ditch No. 1, Jones Reservoir Enlargement: The North bank of Piceance Creek at a point whence the 1/4 corner on the S side of Sec. 12, T 3 S, R 96 W, 6th P.M. bears S 65°40'E 2571 ft; & whence the NE corner of Sec. 2, T 3 S, R 96 W, 6th P.M. bears N2°54' East 9,418 ft; Oldland Ditch No. 2, Jessup Reservoir Enlargement: The north bank of Piceance Creek at a point whence the NE corner of Sec. 2, T 3 S, R 96 W, 6th P.M. bears N17°28' East, 6,729 ft; Jessup Reservoir Ditch: The headgate is located on the N bank of Piceance Creek at a point S29°36'53" E 3,668 ft from the NW Corner of Sec. 3, T 3 S, R 96 W, 6th P.M; Source: Piceance Creek, tributary to the White River; Appropriation: Oldland Ditch No. 1, Jones Reservoir Enlargement: December 31, 1950; Oldland Ditch No. 2, Jessup Reservoir Enlargement; Jessup Reservoir Ditch: December 31, 1978; Amounts Claimed: Oldland Ditch No. 1, Jones Reservoir Enlargement: 6.9 c.f.s., absolute; Oldland Ditch No. 2, Jessup Reservoir Enlargement: 9.47 c.f.s., absolute; Jessup Reservoir Ditch: 12 c.f.s., absolute; Uses: Irrigation, stockwatering, wildlife, piscatorial; water from Oldland Ditch No. 1, Jones Reservoir Enlargement, may be used directly for such uses, and it may also be stored in the Jones Reservoir and/or the Jessup Reservoir, described in the Second Claim for Relief, for use and subsequent release for any of such purposes; water from Oldland Ditch No. 2, Jessup Reservoir Enlargement, and Jessup Reservoir Ditch may be used directly for such uses, and it may also be stored in the Jessup Reservoir, described in the Second Claim for Relief, for use and subsequent release for any of such purposes. Second Claim for Relief (Storage Rights); Structures: Jones Reservoir & Jessup Reservoir; Legal: Jones Reservoir: Located in the NW1/4 NE1/4, Sec 11, T 3 S, R 96 W, 6th P.M.; inlet of the reservoir is located at a point S 78°00'00" E 3,150 ft from the NW Corner of said Sec 11; Jessup Reservoir: Located in the SW1/4 NW1/4, Sec 3, and the SE1/4 NE1/4 of Sec 4, both in T 3 S, R 96 W, 6th P.M.; inlet of the reservoir is located at a point S24°36'17" E 2,422 ft from the NW Corner of said Sec 3; Source: The reservoirs are filled by the ditches described in the First Claim for Relief, above, which ditches divert from Piceance Creek, tributary to the White River; Appropriation: Jones Reservoir: December 31, 1950; Jessup Reservoir: December 31, 1978; Amount: Jones Reservoir: 21.5 acre feet, absolute; Jessup Reservoir: 76.5 acre feet, absolute; together with the right to fill and refill each reservoir when water is available in priority; Use: Irrigation, stockwatering, piscatorial, and wildlife purposes; Dam and Reservoir Information: Surface area of high water line: Jones Reservoir - approximate surface area 4.3 acres; Jessup Reservoir approximate surface area 15.3 acres; Maximum Dam Height: Less than ten feet in height; Dam Length: Jones Reservoir - approximately 650 feet; Jessup Reservoir - approximately 1,400 feet; Total Pond Capacity: Jones Reservoir - 21.5 acre feet, all of which is active capacity. Jessup Reservoir - 76.5 acre feet, all of which is active capacity. (7 pages)
43. 98CW268 Garfield County, Colorado River DECEMBER 1998 RESUME WATER DIVISION 5 Page 31
1. Name, address and phone number of applicant: United States of America, Department of the Interior, Bureau of Land Manage- ment, Glenwood Springs Resource Area, P.O. Box 1009, Glenwood Springs, CO 81602. (970) 947-2800. 2. Attorney’s name, address, and phone number: John R. Kunz, Special Asst. U.S. Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 339). 3. Name of structure or plan: Medoox Spring Enlargement. 4. Type of application: Surface water right. 5. Drainage basin: Unnamed tributaries to Cattle Creek/Roaring Fork River/Colorado River. 6. Location: NE1/4 SE1/4 (Lot 9), Section 8, T7S R88W, 6th P.M. 7. Type of use: Wildlife. 8. Type of structure: Enlargement of existing spring. 9. Quantity: 0.0150 cfs, absolute. The appropriation date is October 21, 1976. 10. Additional information: The instant claim is in addition to the 0.002 cfs decreed to the United States for livestock and domestic uses in Case No. 90CW111. The instant application claims additional water for wildlife use, which use cannot be supported by the water awarded in the previous decree. (3 pages)
44. 98CW269 Garfield County, Colorado River 1. Name, address and phone number of applicant: United States of America, Department of the Interior, Bureau of Land Manage- ment, Glenwood Springs Resource Area, P.O. Box 1009, Glenwood Springs, CO 81602. (970) 947-2800. 2. Attorney’s name, address, and phone number: John R. Kunz, Special Asst. U.S. Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 339). 3. Name of structure or plan: Escalante Spring Enlargement and Dead Dog Spring. 4. Type of application: Surface water rights. 5. Drainage basin: Unnamed tributaries to Dry Creek/Colorado River. 6. Location: Escalante Spring Enlargement: NE1/4 SE1/4, Section 27, T6S R93W, 6th P.M. Dead Dog Spring: SE/4 NE/4, Section 27, T6S R93W, 6th P.M. 7. Type of use: livestock and wildlife. 8. Type of structure: Enlargement of existing natural spring and natural spring. 9. Quantity: Escalante Spring Enlargement: 0.0114 cfs, absolute. Dead Dog Spring: 0.0022 cfs, absolute. The appropriation date for both sources is October 21, 1976. 10. Additional information: The claim for the enlargement of the Escalante Spring is in addition to the 0.002 cfs decreed to the United States for livestock and wildlife uses in Case No. 84CW337 J. Since the date of this decree, the United States has determined that 0.002 cfs is insufficient to support the claimed uses. (4 pages)
45. 98CW270 IN EAGLE, GARFIELD, GRAND, PITKIN AND SUMMIT COUNTIES; APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE OF CITY OF AURORA, CITY OF COLORADO SPRINGS, COLORADO RIVER WATER CONSERVATION DISTRICT, EAGLE PARK RESERVOIR COMPANY, EAGLE RIVER WATER & SANITATION DISTRICT, UPPER EAGLE REGIONAL WATER AUTHORITY, AND VAIL ASSOCIATES, INC., c/o John M. Dingess, Duncan, Ostrander & Dingess, P.C., 7800 East Union Avenue, Suite 550, Denver, CO 80237; David C. Hallford, Colorado River Water Conservation District, P.O. Box 1120, Glenwood Springs, CO 81602; Mark T. Pifher, Anderson, Dude, Pifher & Lebel, P.O. Box 240,Colorado Springs, CO 80901-0240; Glenn E. Porzak, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 1. Names and addresses of applicants: City of Aurora ("Aurora"), 1470 S. Havana, Aurora, CO 80012; City of Colorado Springs ("Colorado Springs"), 30 South Nevada Avenue, Colorado Springs, CO 80903; Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise ("River District"); P.O. Box 1120, Glenwood Springs, CO 81602; Eagle Park Reservoir Company ("Reservoir Company"); 846 Forest Road, Vail, CO 81657; Eagle River Water & Sanitation District ("Water & Sanitation District"), Upper Eagle Regional Water Authority ("Authority"), c/o Manager, 846 Forest Road,Vail, CO 81657; Vail Associates, Inc. ("Vail"), c/o Paul Testwuide, P.O. Box 7, Vail, CO 81658. 2. Preliminary Statement. This application is initiated pursuant to a Memorandum of Understanding dated effective as of April 21, 1998 (the "MOU"), among Aurora, Colorado Springs, the River District, Climax Molybdenum Company, Vail, the Authority, and the Water & Sanitation District, and the Water Exchange Agreement dated June 17, 1998, among Aurora, Colorado Springs, and the Reservoir Company. In the MOU and the Water Exchange Agreement, the parties agreed to file an application for approval of a plan for augmentation and exchange which would make up to 500 acre feet of water available for West Slope use from facilities owned and operated by Aurora and Colorado Springs, in exchange for up to 800 acre feet of replacement water from the West Slope participants. The MOU and the Water Exchange Agreement represent an extension of a Water Exchange Agreement dated February 13, 1995, among Aurora, the Authority, Vail, and the predecessor to the Water & Sanitation District. The MOU and the Water Exchange Agreement represent a cooperative effort among the West Slope and East Slope participants, and is designed to meet identified water needs in a manner which respects a number of competing values and interests, including water supply and environmental concerns. 3. Description of the structures and amounts to be augmented: (a) Water & Sanitation District: Up to 125 consumptive acre feet of water per year (less transport losses from the replacement source) of out of priority depletions resulting from DECEMBER 1998 RESUME WATER DIVISION 5 Page 32
municipal and snowmaking diversions at the following structures at a combined rate not to exceed 15 cfs: (1) Metcalf Headgate, located on the Eagle River in the SE/4 SW/4 of Section 7, T. 5 S., R. 81 W., 6th P.M. at a point from which the Southeast Corner of the SW/4 of said Section 7 bears South 53°00'40" East a distance of 1446 feet. (2) Raw Water Booster Pump Headgate, located on the Eagle River in the NW/4 NW/4 of Section 12, T. 5 S., R. 82 W., 6th P.M. at a point from which the Southwest Corner of the NW/4 of said Section 12 bears South 18°01'34" West a distance of 1551.13 feet. (3) Bighorn Gore Valley Pumphouse, located on Gore Creek in the NW/4 NW/4 of Section 18, T. 5 S., R. 79 W., 6th P.M. at a point 1,250 feet from the north section line and 1,100 feet from the west section line. (4) Well R1, located in the Gore Creek alluvium in the SE/4 SE/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 1,095 feet from the south section line and 1,256 feet from the east section line. (5) Well R2, located in the Gore Creek alluvium in the SE/4 SW/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 900 feet from the south section line and 2,365 feet from the west section line. (6) Well R4, located in the Gore Creek alluvium in the NE/4 NW/4 of Section 9, T. 5 S., R. 80 W., 6th P.M. within a 100 foot radius from a point on the right bank of Gore Creek whence the NW corner of Section 9 bears N. 73° W. a distance of 2,080 feet. (7) Well R6, located in the Gore Creek alluvium in the SE/4 SW/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. within a 100 foot radius from a point on the right bank of Gore Creek whence the SW corner of said Section 3 bears S. 69°10' W. 2,530 feet.(8) Well R7, located in the Gore Creek alluvium in the SE/4 SE/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 815 feet from the south section line and 575 feet from the east section line.(9) Vail Village West Well No. 6, located in the Gore Creek alluvium in the NW/4 SW/4 of Section 12, T. 5 S., R. 81 W., 6th P.M. at a point 1,645 feet from the south section line and 750 feet from the west section line. (10) Vail Village West Well No. 7, located in the Gore Creek alluvium in the NE/4 SW/4 of Section 12, T. 5 S., R. 81 W., 6th P.M. at a point 3,036 feet from the north section line and 1,436 feet from the west section line. (11) Vail Village West Well No. 8 located in the Gore Creek alluvium in the NE/4 SW/4 of Section 12, T. 5 S. , R. 81 W. 6th P.M. at a point 3,044 feet from the north section line and 1,760 feet from the west section line. (12) Vail Associates Gore Creek Snowmaking Diversion Point B, located on Gore Creek in the NW/4 NW/4 of Section 7, T. 5 S., R. 80 W., 6th P.M. at a point whence the NW corner of Section 7 bears N. 1°18' W. 843 feet. The structures in paragraphs 3(a)(1) and 3(a)(2) are alternate points of diversion for water rights owned by the Water & Sanitation District as set forth in the decree of the District Court in and for Water Division No. 5 (the "Water Court") in Case No. 94CW14. The structures in paragraphs 3(a)(3) through (12) are located in the Gore Creek alluvium and will use the released water by exchange. The water diverted from the foregoing structures will be accounted for in accordance with the terms and conditions set forth in the decree of the Water Court in Case No. 82CW328. (b) Authority: Up to 125 consumptive acre feet of water per year (less transport losses from the replacement sources) of out of priority depletions resulting from municipal diversions at the following structures at a combined rate not to exceed 25 cfs: (1) The Metcalf Headgate identified in paragraph 3(a)(1). (2) The Raw Water Booster Pump Headgate identified in paragraph 3(a)(2). The above structures are used by the Authority pursuant to the decrees of the Water Court in Case Nos. 85CW608 through 85CW613. (3) UERWA Point A, located on Lake Creek in the SE/4 NE/4 of Section 6, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE corner of said Section 6 bears N. 14°30' E., a distance of 1,750 feet. This diversion was decreed in Water Court Case No. 93CW291 and will supply water to a new water treatment plant to be built in Edwards. (4) Edwards Water District Well No. 2, located in the Eagle River alluvium in the SE/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. at a point 750 feet from the south section line and 2,100 feet from the West section line. (5) June Creek Ranch Well No. 2, located in the Eagle River alluvium in the NW/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. whence the NW corner of said Section 4 bears N. 7°8'0" W. 3,092.28 feet. (6) June Creek Ranch Well No. 6, located in the Eagle River alluvium in the NW/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. whence the NW corner of said Section 4 bears N. 9°29'46" W. 3,692.17 feet. Out of priority depletions caused by use of the structures identified in paragraphs 3(b)(1) through (3) will be accounted for in accordance with the decrees of the Water Court in Case Nos. 80CW397 (Arrowhead), W-3664 and 84CW225 (Avon), W-2746 (Beaver Creek), W-3999 (Berry Creek), W-3289 (Eagle-Vail), and 81CW161 and 81CW195 (Edwards). Out of priority depletions caused by use of the structures identified in paragraph 3(b)(4) will be accounted for in accordance with the decrees of the Water Court in Consolidated Case Nos. 81CW161 and 81CW195 (Edwards). Out of priority depletions caused by the use of the structures identified in paragraphs 3(b)(5) and (6) will be accounted for in accordance with the decree of the Water Court in Case No. W- 3999 (Berry Creek). (c) Vail: Up to 150 consumptive acre feet of water per year (less transport losses from the replacements sources) of out of priority depletions resulting from domestic and snowmaking diversions at the following structures at a combined rate not to exceed 25 cfs: (1) Beaver Creek Snowmaking Pipeline, located on the Eagle River in the SE/4 NW/4 of Section 12, T. 5 S., R. 82 W., 6th P.M., at a point whence the Center Quarter Corner of said Section 12 bears South 66°22' East, a distance of 336 feet. (2) Vail Mountain Snowmaking Pipeline located in the SW/4 of Section 23, T. 5 S., R. 81 W., 6th P.M., whence the Southwest Corner of said Section 23 bears South 59°38' West, a distance of 230 feet. By decree of the Water Court in Case No. 94CW279, the decreed uses were confirmed as snowmaking and domestic uses, and the following three additional alternate points of diversion were granted in the vicinity of the confluence of the Eagle River and Gore Creek. (i) Vail Mountain Snowmaking Pipeline No. 1, located in the NW/4 NW/4 of Section 22, T. 5 S., R. 81 W., 6th P.M., at a point from whence the NW/16th Corner of said Section 22 bears South 13°59'3" East, a distance of 465.76 feet, more or less. (ii) Vail Mountain Snowmaking Pipeline No. 2, located in the NW/4 NW/4 of Section 22, T. 5 S., R. 81 W., 6th P.M., at a point from whence the NW/16th Corner of said Section 22 bears South 9°18'55" East, a distance of 420.57 feet, more or less. (iii) Vail Mountain Snowmaking Pipeline No. 3, located in the NW/4 NW/4 of Section 22, T. 5 S., R. 81 W., 6th P.M., at a point from whence the NW/16th Corner of said Section 22 bears South 7°17'45" East, a distance of 476.23 feet, more or less. The diversions by the Beaver Creek Snowmaking Pipeline will be used directly for snowmaking or will be stored in Beaver Creek Snowmaking Reservoir No. 1 for subsequent snowmaking at the Beaver Creek and Arrowhead Ski Areas. The water will be accounted as set forth in the decree in Water Court Case No. 94CW303. The diversion by the Vail Mountain Snowmaking Pipeline and its alternate points will be used for snowmaking at the Vail Ski Area and the water will be DECEMBER 1998 RESUME WATER DIVISION 5 Page 33
accounted as set forth in the decrees in Water Court Case Nos. 89CW296 and 94CW279. (d) The River District will supply water for up to 100 acre feet per year of consumptive beneficial use pursuant to the Water Marketing Policy dated July 22, 1998, including without limitation municipal and industrial uses, which depletions will accrue to the Eagle River/Colorado River system from the confluence of the Eagle River and Squaw Creek downstream to the confluence of the Eagle River and the Colorado River. The River District and/or its contract users will secure administrative approvals and/or prosecute independent Water Court applications needed for approval of the augmentation of the specific structures by which the River District’s 100 acre feet per year of consumptive use will be implemented. (e) 800 acre feet of fully consumable water annually diverted by and/or stored in the following structures owned by Aurora and Colorado Springs or in which they have a perfected interest: (1) The following structures decreed by the Eagle County District Court in Civil Action No. 1193 (collectively "Homestake Reservoir"): Structure Amount: (i) French Creek Intake. S. 82°18.3' E. 20988 ft. to NW corner Sect. 31, 60.1 cfs, T. 7 S., R. 80 W. (ii) Fancy Creek Intake. N. 85°10.5' E. 25280 ft. to NW corner Sect. 31, 38.6 cfs, T. 7 S., R. 80 W.(iii) Missouri Creek Intake. N. 77°12.4' E. 28800 ft. to NW corner Sect. 31, 39.8 cfs, T. 7 S., R. 80 W. (iv) Sopris Creek Intake. N. 74°7.6' E. 29848 ft. to NW corner Sect. 31, 41.3 cfs, T. 7 S., R. 80 W. (v) East Fork Conduit. The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant to its appropriation of 70.8 cubic feet per second of time absolute and 189.2 cubic feet per second of time conditional therefrom and conveys these waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir, said East Fork Conduit having a capacity of 260 cubic feet per second of time and total length of approximately 3093 feet. The point of diversion of said conduit is on East Fork Homestake Creek at a point whence the Northwest corner of Section 31, T. 7 S., R. 80 W. bears N. 55°40.5' E., 22,917 feet. (vi) Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into the Arkansas River Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Section 10, T. 9 S., R. 81 W., 6th P.M. bears S. 15°27'08" E. 26,173.03 feet appropriates a maximum amount of 10 cubic feet per second of time conditional of water seeping and percolating into Homestake tunnel from former Water District No. 37 areas and 300 cubic feet per second of time absolute from Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion; said tunnel has a length of 27,400 feet and a capacity of 700 cubic feet per second of time. The tunnel will convey out of former Water District No. 37 up to 700 cubic feet per second of time of waters appropriated by the tunnel from the Middle Fork of Homestake Creek, together with water appropriated by the tunnel from the Homestake Creek and East Fork Conduits and Homestake Reservoir, to an outlet at a point from where the Northwest corner of Section 10, T. 9 S., R. 81 W., 6th P.M. bears N. 6°40'52" E., a distance of 2,173.54 feet. (vii) Homestake Reservoir. Homestake Reservoir, also known as Elliott-Weers Reservoir, has capacity of 83,338.98 acre feet conditional, is located on Homestake Creek with a dam whence Homestake Peak bears S. 73°26' E. 10,477 feet from the easterly end thereof and S. 74°57' E. 13,347 feet from the westerly end thereof, said dam having a maximum height of 411.5 feet and a length of 3,380 feet. The sources of supply of said reservoir are Homestake Conduit (the sources of this conduit as hereinabove set forth), East Fork Conduit (the source of this conduit as hereinabove set forth), the Middle Fork of Homestake Creek and Homestake Creek, and said reservoir has appropriated for storage 83,338.98 acre feet annually from said sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. Existing Homestake Reservoir has a storage capacity of 43,504.7 acre feet absolute and is located on Homestake Creek with a dam whence the NW Corner of Section 31 T. 7 S., R. 80 W., 6th P.M. bears N. 58°30.6' E. 24,659 feet from the East dam abutment and N. 62°25.8' E. 25,746 feet from the West dam abutment, said dam has a maximum height of 265.0 feet and a length of 1996 feet. The sources of supply of said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the Middle Fork of Homestake Creek and Homestake Creek. Existing Homestake Reservoir has appropriated 43,504.7 acre feet annually from said sources and also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. (2) The following rights as decreed by the Garfield County District Court (collectively, the "Independence Pass Transmountain Diversion System"): (i) Lost Man Diversion Dam and Lost Man Diversion Canal. The initial point of survey of the dam is located at a point whence the southwest corner of Section 6, T. 11 S., R. 82 W., 6th P.M. bears S. 58° 42' E. 6,473.2 feet. The headgate of the Lost Man Diversion Canal is at a point on the east bank of Lost Man Creek from whence the southwest corner of Section 6, T. 11 S., R. 82 W., 6th P.M. bears S. 58°18' E. 6,871.2 feet. (ii) Roaring Fork Diversion Dam, Tunnel No. 2, and Lincoln Gulch Connection Canal. The initial point of survey of the dam is located at a point whence the southwest corner of Section 6, T. 11 S., R. 82 W., 6th P.M. bears S. 80°9' E. 6,946.3 feet. The headgate or point of intake of Tunnel No. 2 is located at a point on the south bank of the Roaring Fork River from which the southwest corner of Section 6, T. 11 S., R. 82 W., 6th P.M. bears S. 80°38' E. 6,921.6 feet. The tunnel discharges water diverted from the Roaring Fork River into the Lincoln Gulch Connection Canal, which commences at a point at the south end of Tunnel No. 2 whence the southwest corner of Section 6, T. 11 S., R. 82 W., 6th P.M. bears N. 50°42' E. 12, 539.2 feet. (iii) New York Collection Canal. Headgate No. 1 is located at a point on the east bank of the West Fork Gulch, a tributary of Lincoln Creek, which is a tributary of the Roaring Fork River, whence the southwest corner of Section 6, T. 11 S., R. 82 W., 6th P.M. bears N. 58°6' E. 24,724.6 feet. Headgate No. 2 is located at a point on New York Gulch whence the southwest corner of Section 6, T. 11 S., R. 82 W. of the 6th P.M. bears N. 57°24' E. 23,997.4 feet. Headgate No. 3 is located at a point on Tabor Gulch whence the southwest corner of Section 6, T. 11 S., R. 82 W., 6th P.M. bears N. 51°32' E. 16,923.1 feet. (iv) Lincoln Gulch Diversion Dam and Tunnel No. 1. The initial point of survey of said dam is located at a point whence the northwest corner of Section 6, T. 11 S., R. 82 W., 6th P.M. bears N. 17°33' E. 14,380.9 feet. 4. The sources of augmentation water stored and/or used by exchange: (a) 500 acre feet of fully consumable water from Homestake Reservoir, and/or water released from those surface and ground water storage rights sought by Aurora and Colorado Springs in Water Court Case Nos. 88CW449 and 95CW272. (b) 800 acre feet of fully consumable water obtained by contracts from any of the following reservoirs: (1) Green Mountain Reservoir, decreed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, for 154,645 acre feet, with an appropriation date of August 1, 1935. The Reservoir is located on the Blue River in Sections 11, 12, DECEMBER 1998 RESUME WATER DIVISION 5 Page 34
13, 14, 15 and 24, T. 2 S., R. 80 W., and Sections 18, 19, 20, 21, 28, 29 and 34, T. 2 S., R. 79 W., 6th P.M., Summit County, Colorado. (2) Ruedi Reservoir, decreed in the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of the Water Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 acre feet. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the Fryingpan River. (3) Wolford Mountain Reservoir (a/k/a Gunsight Pass Reservoir) decreed by the Water Court as follows: (i) Case No. 87CW283: Date: November 20, 1989. Legal description of point of diversion or place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251. Appropriation Date: December 14, 1987. Decreed Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. (ii) Case No. 95CW281: Date: August 26, 1997. Legal description of point of diversion or place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as- built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the 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 S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E.Source: Muddy Creek and its tributaries. Amount: 6,000 acre feet conditional. Appropriation Date: January 16, 1995. Decreed Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation 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 the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. 5. Description of plan for augmentation and exchange. (a) By this application, approval is sought for the following: (1) The Water & Sanitation District seeks to augment out of priority depletions resulting from diversions at the structures described in paragraph 3(a), up to a maximum of 125 consumptive acre feet per year. To augment such out of priority depletions, the Water & Sanitation District will cause the annual release of up to 125 acre feet from Homestake Reservoir and/or the other rights described in paragraph 4(a). (2) The Authority seeks to augment out of priority depletions resulting from diversions at the structures described in paragraph 3(b), up to a maximum of 125 consumptive acre feet per year. To augment such out of priority depletions, the Authority will cause the annual release of up to 125 acre feet from Homestake Reservoir and/or the other rights described in paragraph 4(a). (3) Vail seeks to augment out of priority depletions resulting from diversions at the structures described in paragrapPorzak Browning & Johnson LLP h 3(c), up to a maximum of 150 consumptive acre feet per year. To augment such out of priority depletions, Vail will cause the annual release of up to 150 acre feet from Homestake Reservoir and/or the other rights described in paragraph 4(a). (4) The River District seeks to augment out of priority depletions resulting from diversions at structures as described in paragraph 3(d), up to a maximum of 100 consumptive acre feet per year for the uses described in paragraph 3(d). To augment such out of priority depletions, the River District will cause the annual release of up to 100 acre feet from Homestake Reservoir, and/or the other rights described in paragraph 4(a). The River District and/or its contract users will secure administrative approvals and/or prosecute independent Water Court application needed for approval of the augmentation of the specific structures by which the River District’s 100 acre feet per year of consumptive use will be implemented. (5) Aurora and Colorado Springs seek to augment out of priority diversions to and storage in Homestake Reservoir and the Independence Pass Transmountain Diversion System described in paragraph 3(e), up to 800 acre feet per year, or such additional amount as is determined by the parties to the Water Exchange Agreement to be necessary to ensure that during any ten year rolling average period the cumulative amount of water released to the Reservoir Company equals the amount of water exchanged to Aurora and Colorado Springs. To augment such out of priority storage, Aurora and Colorado Springs will cause the annual release of a corresponding amount of water from the reservoirs described in paragraphs 4(b)(1), (2) and (3). (b) The downstream terminus of the exchange set forth in paragraphs 3(a) and 5(a)(1) above is the confluence of Gore Creek and the Eagle River. The upstream terminus of said exchange is the Bighorn Gore Valley. Pumphouse described in paragraph 3(a)(3) above. The maximum rate of said exchange is 15 cfs. The downstream terminus of the exchange set forth in paragraph 5(a)(5) above is the confluence of the Roaring Fork and Colorado Rivers. The upstream terminus of said exchange are Homestake Reservoir and the Independence Pass Transmountain Diversion System. The maximum rate of said exchange is 400 cfs. (c) So as to assure the operation of the subject augmentation and exchange plan, applicants will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation water equals the amount of consumptive use resulting from the out of priority diversions augmented herein, and that the amount of exchange water equals the amount of water diverted or stored out of priority in Homestake Reservoir and/or the Independence Pass Transmountain Diversion System. (d) Applicants seek a February 13, 1995 priority date in connection with the subject plan for exchange. WHEREFORE, applicants request that this Court enter a decree which: (i) Approves applicants’ plan for augmentation and exchange described in paragraph 5; and (ii) Finds that as a result of applicants’ augmentation and exchange plan there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. (14 pages)
46. 98CW271 APPLICATION FOR UNDERGROUND WATER RIGHT, SURFACE WATER RIGHT AND CHANGE OF WATER RIGHT OF:TROTTER FAMILY LLP IN EAGLE COUNTY, CO Name, address & phone of applicants: Trotter Family DECEMBER 1998 RESUME WATER DIVISION 5 Page 35
LLP Laurance W. Trotter & Elizabeth A. Trotter, General Partners 11157 Gypsum Creek Rd Gypsum, Colorado 81637 970/926-3579 c/o Billie Burchfield Attorney for Applicants 802 Grand Avenue, Suite 305 Glenwood Springs, CO 81601 970/285-7990 CLAIM NO. 1 UNDERGROUND WATER RIGHT Name of well: Trotter Well Legal description of location of the well: Said well is located in Sec. 25, T. 6 S., R. 85 W. 6th PM., at a point 2605 ft fr N. sec line & 135 ft fr W. sec line of said Sec 25. Source is trib. to West Crk, trib. to Gypsum Crk, trib. to Eagle R. Date of approp.: June 17, 1998. How approp. was initiated:By field investigation w engineer & intent to appropriate. Well permit applied for. Amount Claimed: 0.033 cfs,conditional use: Irr 1 acre, dom in 3 dwellings, livestock & fire prot. Applicants request that underground water right be declared exempt domestic well pursuant to C.R.S. 37-92-602(3)(b)(II)(A) and that it be awarded its original priority date of 17th day of June, 1998, in accordance with C.R.S. 37-92-602(4). Name and address of owner of land on which well is located: Applicant.CLAIM NO. 2 CHANGE OF WATER RIGHT Descrip. of water right for which change is requested: On June 4, 1907, in CA No. 446, Eagle County District Court awarded 1.8 cfs, absolute, Pri No. 215 to Y & V Ditch No. 4 for irr w approp.date of May 15, 1894. Also, on June 7, 1915, said Court awarded additional amounts of 0.56 & 2.0 cfs, absolute, Pri Nos. 215 EX & 215 A EX to said Y & V Ditch No. 4 for irr w approp. dates of December 31, 1914. Change requested: Said water rights previously decreed to the Y & V Ditch No. 4 have been historically used to irrigate 56 acres in a single field in the NE¼ SW¼ of Sec 25, T. 6 S., R. 85 W. 6th PM.. Applicants have installed a sprinkler system which now irrigates only 40 acres. They request that Trotter Diversion be established as an alternate point for said water rights previously decreed to Y & V Ditch No. 4 that 11 acres in NW¼NW¼ of said Sec 25 be irr w said water rights in addition to 40 acres under sprinkler system. See attached map of the subject 40 and 10 acre parcels.CLAIM NO. 4 SURFACE WATER RIGHT Name of structure: Trotter Diversion Legal description of point of diversion: Trotter Diversion is located in Sec 25, T. 6 S., R. 85 W. 6th PM., at a point 2605 ft fr N. sec line &133 ft fr W. sec line of said Sec 25. Source is fr West Crk, trib. toGypsum Crk, trib. to Eagle R. Date of initiation of approp: 1992 for hydro electric power & fire; June 17, 1998 for irr. How approp was initiated: By construction of diversion structure & pipeline & gen power. For irr by field investigation w engineer & intent to appropriate. Date water applied to beneficial use:1992 for hydro electric power generation. Amount claimed: 2.2 c.f.s., absolute for power gen & fire. 0.50 c.f.s., conditional for irr of 11 acres Use: power gen, fire prot & irr of 11 acres. Name & address of owner of land on which divern & place of use are located: Applicant (5 pages)
47. 98CW272 APPLICATION FOR CHANGE OF WATER RIGHT OR IN THE ALTERNATIVE A NEW SURFACE WATER RIGHT OF:ROGER E. BRICKMAN FAMILY TRUST - BRICKMAN SPECIAL TRUST IN EAGLE COUNTY, CO Name, address & phone of Applicant: Roger E. Brickman Family Trust - Brickman Special Trust c/o James Brickman, P.O. Box 7600 Dallas, TX 75209 c/o Billie G. Burchfield Attorney for Applicant 802 Grand Ave., S. 305 Glenwood Springs, CO 81601 CLAIM NO.1 CHANGE OF WATER RIGHT Descrip. of water right to be changed: Applicant claims a ½ interest in Smith and Pallister Ditch No. 251, Pri. No. 340 which was awarded 1.6 cfs, absolute on March 17, 1919, in C.A. No. 706 for irr. purposes with approp. date of July 10, 1901. headgate of said ditch was decreed in C. A. No. 706 as being at a point on W. bank of said West Lake Crk, whence NW Corner of Sec 19, T. 5, S., R. 82 W. 6th PM. bears N. 14° 30' E. 6560 ft. In Water Court Case No. 82CW77, headgate of Smith/Pallister Ditch was described as being located at a point on W. bank of West Lake Crk whence SW Corner of Sec 31, T. 5 S., R. 82 W. 6th PM bears S. 20°50' W. 9,450 ft. source for said ditch is trib. to West Lake Crk, trib. to Lake Crk, trib. to Eagle R. Change of water right requested: Applicant requests that 0.80 cfs. of 1.6 cfs of Pri. No. 340 previously awarded absolute to Smith and Pallister Ditch in CA No. 706 be changed to Brickman Pump located in Sec. 19, T. 5 S., R. 82 W. 6th PM, at a point 1330 ft fr E. sec line & 1400 ft fr S. sec line of said Sec 19. Source will be fr West Lake Crk, trib. to Lake Creek, trib. to Eagle R. Said water right has historically been deeded for utilization only in NE¼SE¼ of said Sec. 19, which Applicant owns. CLAIM NO. 2 SURFACE WATER RIGHT If change of water right described above is disallowed, Applicant requests that following water right be awarded: Name of structure: Brickman Pump Legal descrip.of point of diversion: Said pump is located in Sec.19, T. 5 S., R. 82 W. 6th PM, at a point 1330 ft fr E. sec. line & 1400 ft fr S. sec line of said Sec. 19. Source is fr West Lake Crk, trib. to Lake Crk, trib. to Eagle R. Date of approp: August 24, 1998 How approp was initiated: By field investigation w engineer & intent to appropriate. Amount claimed: 0.80 cfs, conditional. Use: Irr of NE¼SE¼ of said Sec.19. Name & address of owner of land on which point of diversion and place of use are located:Applicant (3 pages)
48. 98CW273 CONCERNING APPLICATION FOR WATER RIGHTS OF: STRAWBERRY CREEK LAND & CATTLE, LLC IN MOFFAT COUNTY, CO Name, address & phone number of Applicant:Strawberry Creek Land & Cattle, LLC c/o Ralph Townsend 7548 Storm Mountain Littleton, CO 80127 303/751-5322 Extn.1355 c/o Billie Burchfield Attorney for Applicant 802 Grand Ave., S. 305 Glenwood Springs, CO 81601 970/945-8818 CLAIM NO. 1 UNDERGROUND WATER RIGHT Name of Structure: Strawberry L&C Well Legal descrip. of location of well: point of diversion of said well is located in Sec10, T.3 N., R.95 W. 6th PM, at a point 1150 ft fr S. sec line & 3600 ft fr E. sec line of said Sec 10. Source is trib. to East Fork of Strawberry Crk, trib. to Strawberry Crk, trib. to White R. Depth of well is 5 ft. Date of approp. is 1936. How approp. was initiated: By digging well & piping water to houses. Date water applied to beneficial use: Prior to 1936 Amount claimed: 0.033 cfs, absolute Proposed use: Irr. one acre Dom. 3 dwellings Livestock & fire prot. Applicant requests that underground water right be declared an exempt domestic well pursuant to C.R.S. 37-92-602(3)(b)(II)(A) and that it be awarded its original priority date of 12/31/36, in accordance with C.R.S. 37-92-602(4). Applicant has late registered said well. Name & address of owner of land on which well is located & used: Applicant CLAIM NOS. 2 - 6 STORAGE WATER RIGHTS DECEMBER 1998 RESUME WATER DIVISION 5 Page 36
Name of Structures: Strawberry L&C Pond Nos. 1, 2, 3, 4 and 5. Legal description of each point of storage: center of Pond No. 1 is located in Sec 10, T. 3 N., R.95 W. 6th PM, at a point 1900 ft fr E sec line & 3700 ft fr S. sec line of said Sec 10. center of Pond No. 2 is located in same said Sec 10, at a point 1250 ft fr E. sec line & 2350 ft fr S. sec line of said Sec 10. center of Pond No. 3 is located in same said Sec 10, at a point 3700 ft fr E. sec line & 1200 ft fr S. sec line of said Sec 10. center of Pond No. 4 is located in Sec 15, T. 3 N., R. 95 W. 6th PM, at a point 800 ft fr N. sec line & 100 ft fr W. sec line of said Sec 15. center of Pond No. 5 is located in same said Sec 15, at a point 1700 ft fr S. sec line & 2300 ft fr E. sec line of said Sec 15. source for each pond is trib. to East Fork of Strawberry Crk, trib. to Strawberry Crk, trib. to White R. Date of approp. for each pond: Pond No. 1, July 1, 1986; Pond No. 2, July 1, 1986; Pond No. 3, July 1, 1941; Pond No. 4, July 1, 1955; Pond No. 5, November 3, 1998 How appropriation was initiated: Pond No. 1 - 4, Dug pond & used water Pond No. 5, Field investigation with engineer & Intent to appropriate Date water applied to beneficial use: Pond Nos. 1 - 4, See appropriation dates; Pond No. 5 - N/A Amount claimed: Pond No. 1 - 0.07 AF, absolute; Pond No. 2 - 0.07 AF, absolute; Pond No. 3 - 5.0 AF, absolute, Pond No. 4 - 11.5 AF, absolute Pond No. 5 - 16.5 AF, conditional; with right to fill & refill each structure in priority. Uses claimed: For all ponds, irr., livestock, fish & fire prot. Irr. will occur on land along East Fork of Strawberry Crk in said sec 10 & 15. Pond No. Surface Area Max Height Length of Dam Capacity Dead Storage Acres Feet Feet AF AF 1 0.009 5 25 0.07 0.01 2 0.009 5 25 0.07 0.01 3 0.920 10 200 5.00 0.00 4 1.720 15 250 11.50 0.50 5 1.435 15 300 16.50 0.00 Name and address of land on which water rights are located and will be used: Applicant.CLAIM NOS. 7 - 10 SURFACE WATER RIGHTS Name of Structures: Strawberry L&C Ditch Nos. 1, 2, 3 and 4 Legal description of points of diversion: Ditch No. 1 is located in Sec 10, T. 3 N., R. 95 W. 6th PM, at a point 1350 ft fr E. sec line & 2400 ft fr S. sec line of said Sec 10. Ditch No. 2 is located in same said Sec 10, at a point 3800 ft fr E. sec line & 1200 ft fr S. sec line of said Sec 10. Ditch No. 3 is located in Sec 15, T. 3 N., R. 95 W. 6th PM, at a point 200 ft fr W. sec line & 750 ft fr N. sec line of said Sec 15. Ditch No. 4 is located in same said Sec 15, at a point 2200 ft fr W. sec line & 2500 ft fr S. sec line of said Sec 15. Amount of water claimed conditionally for each ditch: Ditch No. 1 - 0.25 c.f.s.; Ditch No. 2 - 0.75 c.f.s.; Ditch No. 3 - 1.00 c.f.s.; & Ditch No. 4 - 0.25 c.f.s.. source for each ditch is trib. to East Fork of Strawberry Crk, trib. to Strawberry Crk, trib. to White R. Dates of approp. for each water right: June 14, 1998. How appropriation was initiated: Field investigation w engineer & intent to appropriate. Uses claimed: For each ditch, irr. of 105 acres along East Fork of Strawberry Crk in said Secs 10 & 15. Name & address of owner of land on which water rights are located & will be used: Applicant. See attached map which is incorporated into this application by this reference to it. (6 pages)
49. 98CW274 EAGLE COUNTY, APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS, RIGHTS OF EXCHANGE AND APPROVAL OF A PLAN FOR AUGMENTATION. 1. Name, Address and Telephone Number of Applicant.Vail Associates, Inc., P.O. Box 7, Vail, CO 81658, c/o Glenn E. Porzak, Steven J. Bushong, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Introduction. Mitigation wetlands and recreational ponds were constructed for Arrowhead at Vail (“Arrowhead”) with diversions principally from McCoy Creek. The Greens of Arrowhead at Vail (“Greens of Arrowhead”) constructed a ditch and pipeline from McCoy Creek which provides water to a series of small interconnected ponds and which is used to irrigate putting greens and certain common areas. Bachelor Gulch Village (“Bachelor Gulch”) constructed mitigation wetlands on Bachelor Gulch and intends to construct fishing ponds on an unnamed tributary of Bachelor Gulch. This application seeks: (i) a conditional water right for the Bachelor Gulch fishing ponds and absolute water rights for the remainder of the aforementioned mitigation wetlands, ponds and irrigation; (ii) a change in water right to allow one of Applicant’s Eagle River water rights to be diverted at certain of the new structures; (iii) approval of an augmentation plan to replace any out-of-priority depletions associated with the wetlands, ponds, and irrigated lands that are the subject of this application; and (iv) certain appropriative rights of exchange. I. Application for Water Rights. 3. Name of Structures. A. Bachelor Gulch Wetlands. B. Arrowhead Wetlands. C. Arrowhead Ponds. D. Greens of Arrowhead Pipeline, Ditch and Ponds. E. Bachelor Gulch Fishing Ponds. 4.Legal Description of Structures. A. Bachelor Gulch Wetlands. The Bachelor Gulch Wetlands comprise a total surface area of 41,065 square feet (0.94 acre) located in the SE 1/4 of Section 11, T. 5 S., R. 82 W., of the 6th P.M., and being a portion of Tract EE, Bachelor Gulch Village, Filing No. 2, as generally depicted in the map attached hereto as Exhibit A. B. Arrowhead Wetlands. The Arrowhead Wetlands include three wetland areas consisting of (i) 47,076 square feet (1.08 acre) of interconnected surface wetlands, six to twelve inches deep which receive water from McCoy Creek; (ii) 14,534 square feet (0.33 acre) of surface wetlands wetted by flood diversions from the Eagle River during approximately a two to four week period and by seepage; and (iii) 12,744 square feet (0.29 acre) of wetlands fed by an underground perforated pipe which diverts from McCoy Creek. The Arrowhead Wetlands are located in the S1/2 of Section 3, T. 5 S., R. 82 W. of the 6th P.M. within Tract B, Arrowhead at Vail, Filing No. 18, a resubdivision of Arrowhead at Vail, Filing No. 9 and Tract B, Arrowhead at Vail, Filing No. 26, Eagle County, as generally depicted in the map attached hereto as Exhibit A. C. Arrowhead Ponds. The Arrowhead Ponds are four interconnected ponds totaling 0.72 surface acres located in the S1/2 of Section 3, T. 5 S., R. 82 W. of the 6th P.M. within Tract B, Arrowhead at Vail, Filing No. 18, a resubdivision of Arrowhead at Vail, Filing No. 9 and Tract B, Arrowhead at Vail, Filing No. 26, Eagle County, as generally depicted in the map attached hereto as Exhibit A. D. Greens of DECEMBER 1998 RESUME WATER DIVISION 5 Page 37
Arrowhead Pipeline, Ditch and Ponds. The Greens of Arrowhead Pipeline diverts water from McCoy Creek to the Greens of Arrowhead Ditch and Ponds. The Greens of Arrowhead Ponds consist of seven ponds interconnected by the Greens of Arrowhead Ditch. A pump is used to circulate the water through the Ditch and Ponds, including a waterfalls feature located on the Ditch. Water is pumped from the Ponds to irrigate approximately 3.8 acres, including putting greens, grass adjacent to the putting greens and certain common areas along roadways. The Greens of Arrowhead Pipeline, Ditch and Ponds and the putting greens are located in the NW1/4 of Section 10, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, in Tract A of the Greens of Arrowhead at Vail. Also irrigated are certain common areas adjoining Arrowhead Drive, all within Arrowhead at Vail, and in the NW 1/4 of Section 10, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, and as generally depicted in the map attached hereto as Exhibit A. E. Bachelor Gulch Fishing Ponds. Bachelor Gulch intends to enlarge two existing stormwater management ponds into two fishing ponds which will be located on an unnamed tributary to Bachelor Gulch in Tract B, Bachelor Gulch Village, Filing No. 2, in the SW1/4 of the SE 1/4 of Section 11, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, Colorado, as generally depicted in the map attached as Exhibit A. 5. Source. A. Bachelor Gulch Wetlands. Bachelor Gulch, tributary to the Eagle River, tributary to the Colorado River. B. Arrowhead Wetlands. Principally diversions from McCoy Creek, tributary to the Eagle River, tributary to the Colorado River. One of the wetland areas is also fed by diversions directly from the Eagle River during high stream flows and by seepage from adjoining irrigated wetlands. C. Arrowhead Ponds. McCoy Creek, tributary to the Eagle River, tributary to the Colorado River. E. Greens of Arrowhead Pipeline, Ditch and Ponds. McCoy Creek, tributary to the Eagle River, tributary to the Colorado River. F. Bachelor Gulch Fishing Ponds. Unnamed tributary of Bachelor Gulch, tributary to the Eagle River, tributary to the Colorado River. 6. Legal Description of Diversion Structures. A. Bachelor Gulch Wetlands. The Bachelor Gulch Wetlands are filled and/or wetted by diversions from Bachelor Gulch at the following points: i. Diversion Point 1: A 8" diameter pipe located in Tract EE Bachelor Gulch Village Filing No. 2 in the NE1/4 of the SE1/4 of Section 11, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, Colorado, from which the E1/4 corner of Section 11 bears N. 36°35'41" E., 351.44 feet. ii. Diversion Point 2: A 8" diameter pipe located in Tract EE Bachelor Gulch Village Filing No. 2 in the NE1/4 of the SE1/4 of Section 11, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, Colorado, from which the E1/4 corner of Section 11 bears N. 43°13'19" E., 327.06 feet. iii. Diversion Point 3: A 8" diameter pipe located in Tract EE Bachelor Gulch Village Filing No. 2 in the NE1/4 of the SE1/4 of Section 11, T. 5 S., R. 82 W., of the 6th P.M., Eagle County, Colorado, from which the E1/4 corner of Section 11 bears N. 56°41'48"E., 761.23 feet. iv. Diversion Point 4: A 4" diameter perforated pipe located in Tract EE Bachelor Gulch Village Filing No. 2 in the SW1/4 of the SE1/4 of Section 11, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, Colorado, from which the westernmost corner of Tract EE bears S. 80°07'40"W., 435.01 feet, and also from which the center 1/4 of Section 11 bears N. 20°04'43" W., 1781.20 feet. Outflows from the Bachelor Gulch Wetlands return to Bachelor Gulch within approximately 250 - 500 feet of the diversion points. B. Arrowhead Wetlands. The Arrowhead Wetlands are filled and/or wetted by the following structures: i. Diversion Point 1: A 12" diameter pipe located on the W. bank of McCoy Creek in Tract B, Arrowhead at Vail, Filing No. 18, in the S1/2 of the SW1/4 of Section 3, T. 5 S., R. 82 W. of the 6th P.M. from which the NW corner of Tract B bears N. 51°24'43" W., 240.79 feet. ii. Diversion Point 2: A 12" diameter pipe located on the E. bank of McCoy Creek in Tract B, Arrowhead at Vail, Filing No. 18, in the S1/2 of the SW1/4 of Section 3, T. 5 S., R. 82 W. of the 6th P.M. from which the NW corner of Tract B bears N. 56°06'07" W., 247.33 feet. iii. Diversion Point 3: A 24" diameter pipe located at flood level on the S. bank of the Eagle River in Tract B, Arrowhead at Vail, Filing No. 18, in the S1/2 of the SW1/4 of Section 3, T. 5 S., R. 82 W. of the 6th P.M. from which the NW corner of Tract B bears S. 72°07'49" W., 499.07 feet. iv. Arrowhead Ponds Outfall: A point of water outfall located in Tract B. Arrowhead at Vail, Filing No. 18 in the S. ½ of the SW1/4 of Section 3, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, Colorado, from which the NW corner of Tract B bears S. 88° 35' 57" W., 659.12 feet. C. Arrowhead Ponds. The Arrowhead Ponds are filled by diversions from a 12" diameter pipe located in Tract A, Arrowhead at Vail, filing No. 12 in the NE1/4 of the NW1/4 of Section 10, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, Colorado, from which the NE corner of Tract A bears N. 53°17'31" E., 246.12 feet. The outfall for the Arrowhead Ponds is described above at paragraph 6(B)(iv). D. Greens of Arrowhead Pipeline, Ditch and Ponds. The Greens of Arrowhead Ditch and Ponds are filled by diversions from the Greens of Arrowhead Pipeline. The Greens of Arrowhead Pipeline diverts from McCoy Creek just below the discharge point of the Terrell and Ford Ditch at a point located in the NW1/4 of Section 10, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, from which the SW corner of Lot 2, Arrowhead at Vail, Filing No. 12 (as recorded in Book 383, Page 987 of the Eagle County records) bears S. 78° 27'16" W., 408.61 feet. Diversions are piped underground and resurface near the Greens of Arrowhead Ditch and Ponds, as described above in paragraph 4(D). E. Bachelor Gulch Fishing Ponds. The Bachelor Gulch Fishing Ponds will be located on-channel, on an unnamed tributary of Bachelor Gulch. 7. Appropriation. A. Bachelor Gulch Wetlands. i. Date of Initiation of Appropriation: September 1, 1994. ii. How Appropriation Was Initiated: Formation of requisite intent coupled with actions manifesting such an intent sufficient to put third parties on notice, including initiation of construction of wetlands. iii. Date Water First Applied to Beneficial Use: November 1, 1994. B. Arrowhead Wetlands. i. Date of Initiation of Appropriation: September 1, 1996. ii. How Appropriation Was Initiated: Formation of requisite intent coupled with actions manifesting such an intent sufficient to put third parties on notice, including construction of wetlands. iii. Date Water First Applied to Beneficial Use: November 1, 1996. C. Arrowhead Ponds. i. Date of Initiation of Appropriation: August 1, 1997. ii. How Appropriation Was Initiated: Formation of requisite intent coupled with actions manifesting such an intent sufficient to put third parties on notice, including construction of Ponds. iii. Date Water First Applied to Beneficial Use: August 1, 1998. D. Greens of Arrowhead Pipeline, Ditch and Ponds. i. Date of Initiation of Appropriation: July 1, 1990. ii. How Appropriation Was Initiated: Formation of requisite intent coupled with actions manifesting such an intent sufficient to put third parties on notice, including construction of diversion structure and putting greens. iii. Date Water First Applied to Beneficial Use: August 31, 1990. E. Bachelor Gulch Fishing Ponds. i. Date of Initiation of Appropriation: December 30, 1998, the date this application was filed with the Water Court. ii. How Appropriation Was Initiated: DECEMBER 1998 RESUME WATER DIVISION 5 Page 38
Formation of requisite intent coupled with actions manifesting such intent sufficient to put third parties on notice, including the filing of this Water Court application. iii. Date Water First Applied to Beneficial Use: Not applicable. 8. Amount Claimed. A. Bachelor Gulch Wetlands: A combined total of 0.95 acre-feet storage in the wetlands, absolute, with the absolute right to divert up to 0.1 cfs at each diversion point identified above at paragraph 6(A) to fill continuously the wetlands, maintain water levels and/or wet the soil. B. Arrowhead Wetlands: A combined total of 1.71 acre-feet storage in the wetlands, absolute, with the absolute right to divert up to 0.1 cfs at each diversion point identified above at paragraphs 6(B)(i) and (ii) to fill continuously the wetlands, maintain water levels and/or wet the soil; the absolute right to divert up to 1 cfs at the diversion point identified above at paragraph 6(B)(iii) for the purpose of filling and maintaining water levels of the Arrowhead Wetland area specifically referenced at paragraph 4(B)(ii); and the right to use such water as may be introduced to the Arrowhead Wetlands from the Arrowhead Ponds Outfall described at paragraph 6(B)(iv). C. Arrowhead Ponds: A combined total of 2.4 acre feet storage in the Ponds, absolute, with the absolute right to divert up to 1 cfs at the diversion point identified at paragraph 6(D) to maintain continuously freshening flows and/or to fill and maintain the water level of the Ponds. D. Greens of Arrowhead Pipeline, Ditch and Ponds: A combined total of 0.7 acre-feet storage in the Greens of Arrowhead Ponds, absolute, and the absolute right to divert up to 0.9 cfs at the Greens of Arrowhead Pipeline, as identified at paragraph 6(E), to maintain continuously and/or to fill the water level of said Ponds, to provide water for the Ditch and its waterfalls, and for irrigation of approximately 3.8 acres of putting greens and common areas. E. Bachelor Gulch Fishing Ponds. A combined total of 1.6 acre-feet storage, conditional, with the right to maintain continuously freshening flows and/or to fill and maintain the water level of the Ponds. 9. Beneficial Use. A. Bachelor Gulch Wetlands: Wetland irrigation and maintenance, wildlife, aesthetic and replacement of associated evaporation and seepage losses. B. Arrowhead Wetlands: Wetland irrigation and maintenance, wildlife, aesthetic and replacement of associated evaporation and seepage losses. C. Arrowhead Ponds: Wildlife, fisheries, aesthetic, recreation, and replacement of associated evaporation and seepage losses. D. Greens of Arrowhead Pipeline, Ditch and Ponds: Irrigation, recreation, aesthetic, and replacement of associated evaporation and seepage losses. E. Bachelor Gulch Fishing Ponds. Wildlife, fisheries, aesthetic, recreation, and replacement of associated evaporation and seepage losses. 10. Owner of Land. The Bachelor Gulch Wetlands, Arrowhead Wetlands, Arrowhead Ponds and Bachelor Gulch Fishing Ponds are each located on land owned by Vail/Arrowhead, Inc. The Greens of Arrowhead Pipeline, Ditch and Ponds and land irrigated by this structure are located on land owned by the Greens of Arrowhead at Vail Homeowners Association. Some portion of the diversion structure for the Arrowhead Ponds and for the Greens of Arrowhead Pipeline may be located on or under land owned by the Country Club of the Rockies. II. Application for Change of Water Rights. 11. Name of Structures to be Changed. Arrowhead Eagle River Ditch and Pipeline. 12. Relevant Prior Decrees. Arrowhead Eagle River Ditch and Pipeline. In Case No. 79CW360, the Arrowhead Eagle River Ditch and Pipeline was conditionally decreed 5.0 cfs for irrigation, municipal, recreation and fire protection from the Eagle River, with an adjudication date of December 28, 1979, and an appropriation date of May 15, 1980. The decreed location of this structure is a point whence the E. Quarter Corner of Section 11, T. 5 S., R. 82 W. of the 6th P.M. bears S. 21°25' E. 1,450 feet. By subsequent decree entered in Case No. 89CW201, Water Division No. 5, an alternate point of diversion was decreed for the Arrowhead Eagle River Ditch and Pipeline on the left bank of the Eagle River lying in Section 3, T. 5 S., R. 82 W., of the 6th P.M., Eagle County, Colorado, whence a brass cap monument marking the SE Corner of said Section 3 bears S. 79°04' E. 3,120 feet, more or less. 13. Proposed Changes. Applicant seeks to make the Greens of Arrowhead Pipeline, the diversion structure for the Arrowhead Ponds, and Diversion Point 1 and 2 for the Arrowhead Wetlands, alternate points of diversion and re-diversion for the Arrowhead Eagle River Ditch and Pipeline. The purpose of this change of water rights is to allow diversions from the Eagle River at the originally decreed point of diversion for the Arrowhead Eagle River Ditch and Pipeline water right, transport of that water into McCoy Creek, and re-diversion and use by the Greens of Arrowhead Pipeline, Ditch and Ponds, the Arrowhead Ponds and the Arrowhead Wetlands. Applicant also seeks confirmation or, to the extent necessary, a change in use, so that the Arrowhead Eagle River Ditch and Pipeline water right may be used by the Greens of Arrowhead Pipeline, Ditch and Pond, the Arrowhead Ponds, and the Arrowhead Wetlands, as the uses for those structures are more particularly described above at paragraph 9. III. Application for Approval of Augmentation Plan. 14. Augmented Structures. A. Bachelor Gulch Wetlands. B. Arrowhead Wetlands. C. Arrowhead Ponds. D. Greens of Arrowhead Pipeline, Ditch and Ponds. E. Bachelor Gulch Fishing Ponds. F. Arrowhead Eagle River Ditch and Pipeline. 15. Water Rights to be Used for Augmentation. A. S.B.A.H. Ditch (aka SB&AH Ditch). Applicant owns a 9/16th interest in the following water rights decreed to the S.B.A.H. Ditch: Priority No. 314, decreed on September 8, 1913, in Civil Action No. 602, by the Eagle County District Court for 6.0 cfs absolute for irrigation purposes with an appropriation date of June 15, 1905; the S.B.A.H. Ditch, First Enlargement, Priority No. 315 and decreed in Civil Action No. 602 for 5.0 cfs absolute for irrigation purposes with an appropriation date of October 17, 1911; and the S.B.A.H. Ditch, Second Enlargement, Priority No. 446, 5.32 cfs absolute, with an appropriation date of October 17, 1920, decreed on October 3, 1936, in Civil Action No. 963, by the Eagle County District Court. The decreed point of diversion of the S.B.A.H. Ditch is at a point on the left bank of Beaver Creek, whence the E. Quarter Corner Section 24, T. 5 S., R. 82 W. of the 6th P.M., bears N. 29°22' E. 7612.7 feet. In Case No. 85CW571, Water Division No. 5, the Water Court entered a Judgment and Decree dated May 10, 1988, which quantified the historic use associated with Applicants’ 9/16 interest in the S.B.A.H. Ditch water rights as 110 acre- feet consumptive use in an average year and 67 acre-feet consumptive use in a dry year. 16. Estimated Consumptive Use Associated with Augmented Structures. The Augmented Structures will result in a net consumption of approximately 13.32 acre-feet annually, which will be accounted for under the augmentation plan, as set forth below: A. Bachelor Gulch Wetlands. The Bachelor Gulch wetlands have a combined surface area of 0.95 acres and are expected to consume by irrigation and evaporation, approximately 2.03 acre-feet of water per year. As these mitigation wetlands were designed to compensate the loss of pre-existing wetlands of approximately 1/2 the size (i.e. a 2:1 ratio for mitigation), the annual consumptive use for which the Applicant is responsible is 1.02 acre-feet. B. Arrowhead Wetlands. These DECEMBER 1998 RESUME WATER DIVISION 5 Page 39
wetlands have a combined surface area of 1.71 acres and are expected to consume, by irrigation and evaporation, approximately 3.92 acre- feet of water per year. These mitigation wetlands were designed to compensate for the loss of 0.3 acres of pre-existing wetlands which would have consumed 0.85 acre-feet of water per year. Therefore, the maximum annual consumptive use associated with the Arrowhead Wetlands for which the Applicant is responsible is 3.07 acre-feet. C. Arrowhead Ponds. The Arrowhead Ponds have a combined surface area of 0.72 acres and are expected to consume a total of 1.48 acre-feet by evaporation per year. D. Greens of Arrowhead Pipeline, Ditch and Ponds. The Greens of Arrowhead Ponds have a combined surface area of 0.27 acres and are expected to consume approximately 0.54 acre-feet by evaporation per year. In addition, the Ponds will be used to irrigate approximately 3.8 acres which is expected to consume an additional 6.88 acre-feet per year. E. Bachelor Gulch Fishing Ponds. These Ponds are expected to have a combined surface area of 0.16 acres and are expected to consume approximately 0.33 acre-feet by evaporation per year. If these Ponds contain a larger surface area when built, the increase in evaporation loss shall be covered by this augmentation plan. 17. Statement of Augmentation Plan. Applicant intends to replace out-of-priority depletions associated with the Augmented Structures by dedicating historic consumptive use credits associated with the S.B.A.H. Ditch water rights during the irrigation season. The S.B.A.H. Ditch historically diverted water on Beaver Creek, the consumptive use of which would have occurred to the Eagle River upstream from the confluence of McCoy Creek and Bachelor’s Gulch, and upstream from the Eagle River diversion points contemplated herein. The Arrowhead Ponds, Greens of Arrowhead Pipeline, Ditch and Ponds and Arrowhead Wetlands will divert native McCoy Creek water when legally and physically available and when not so available, these structures will utilize Eagle River water brought to McCoy Creek under the Arrowhead Eagle River Ditch and Pipeline water right. In either case, the augmentation source is upstream of any water right affected by any resulting out-of-priority depletions. When depletions by the Bachelor Gulch Fishing Ponds and Wetlands are out of priority, said depletions will also be replaced to the Eagle River upstream of the confluence of Bachelor Gulch and the Eagle River using historic consumptive use credits associated with the S.B.A.H. Ditch. IV. Application for Appropriative Right of Exchange. 18. Plan for Exchange. Applicant seeks the right to substitute and exchange its rights under the S.B.A.H. Ditch (described at paragraph 15 above) to the Bachelor Gulch Wetlands and Bachelor Gulch Fishing Ponds. 19. Exchange Reach. The exchange reach would be from the decreed S.B.A.H. headgate on Beaver Creek (as described at paragraph 15(A)), down to the Eagle River, and then up Bachelor Gulch to the Bachelor Gulch Wetlands diversion points 1-4 (described at paragraph 6(A)), and then further up Bachelor Gulch and its unnamed tributary to the Bachelor Gulch Fishing Ponds (described at paragraph 4(E)). 20. Maximum Rate of Exchange. Up to 0.1 cfs for each of the diversion points for the Bachelor Gulch Wetlands (identified at paragraph 6(A) above) and up to 0.25 cfs for the Bachelor Gulch Fishing Ponds. 21. Uses. Applicant intends to use the substituted and exchanged water for the uses described at paragraph 9(A) for the Bachelor Gulch Wetlands and described at paragraph 9(E) for the Bachelor Gulch Fishing Ponds. 22. Appropriation Date for Exchange. A. Date of Initiation of Appropriation: December 30, 1998, the date this application was filed with the Water Court. B. How Appropriation Was Initiated: Formation of requisite intent coupled with actions manifesting such intent sufficient to put third parties on notice, including the filing of this Water Court application. WHEREFORE, Applicant requests this Court to enter a decree which: A. Approves the absolute water rights and grants the conditional water rights sought in Section I above; B. Approves the requested change of water rights described in Section II above; C.Approves the augmentation plan described in Section III above; D. Grants the appropriative rights of exchange sought in Section IV, above; E. Grants Applicant such other relief as the Court deems just and proper. (Exhibit A attached to application.) (13 pages)
50. 98CW275 PITKIN COUNTY, WOODY CREEK, TRIBUTARY TO ROARING FORK RIVER, APPLICATION FOR WATER RIGHTS, Flying Elk Ranch, Inc., c/o Patrick & Stowell, P.C., 730 East Durant St., Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST CLAIM (Storage Right). Name of Reservoir: Flying Elk Pond No. 1. Legal description of reservoir dam: NE¼ SE¼, Section 23, Township 9 South, Range 85 West, 6th P.M. at a point 2,440 feet from the South line and 600 feet from the East line of said Section 23. Source: Woody Creek, tributary to the Roaring Fork River. Date of Appropriation: June 12, 1998. Date water applied to beneficial use: N/A. How appropriation was initiated: By location of pond on Ranch layout plan, field investigations, land use planning and formulation of intent to appropriate water to the beneficial purposes claimed. Amount claimed: 5.0 acre feet conditional, with the right to fill and refill whenever water is physically and legally available. Fill rate: 0.50 c.f.s. conditional. Uses or proposed uses: piscatorial, recreation, and aesthetic. Maximum height of dam: 5 feet. Length of dam: 300 feet. Total capacity of reservoir: 5.00 acre feet. Active capacity of reservoir: 2.00 acre feet. Dead Storage: 3.00 acre-feet. Name and capacity of ditch(es) leading to reservoir: Collins Creek Ditch Extension. The name and address of the owner of the land upon which the point of diversion is located is: Applicant; the name and address of the owner of land upon which the place of use of the water is or will be is: Applicant. Remarks: This water right is a component part of an integrated water supply plan as applied for even date therewith. SECOND CLAIM (Storage Right). Flying Elk Pond No. 2. Legal description of reservoir dam: NE¼ SE¼, Section 23, Township 9 South, Range 85 West, 6th P.M. at a point 1,950 feet from the South line and 500 feet from the East line of said Section 23. Source: Woody Creek, tributary to the Roaring Fork River. Date of Appropriation: June 12, 1998. Date water applied to beneficial use: N/A. How appropriation was initiated: By location of pond on Ranch layout plan, field investigations, land use planning and formulation of intent to appropriate water to the beneficial purposes claimed. Amount claimed: 6.0 acre feet conditional, with the right to fill and refill whenever water is physically and legally available. Fill rate: 0.50 c.f.s. conditional. Uses or proposed uses: piscatorial, recreation, and aesthetic. Maximum height of dam: 5 feet. Length of dam: 100 feet. Total capacity of reservoir: 6.00 acre feet. Active capacity of reservoir: 2.00 acre feet. Dead Storage: 4.00 acre-feet. Name and capacity of ditch(es) leading to reservoir: Paradise Ditch. The name and address of the owner of the land upon which the point of diversion is located is: Applicant; the name and address of the owner of land upon which the place of use of the water is or will be is: Applicant. Remarks: This water right is a DECEMBER 1998 RESUME WATER DIVISION 5 Page 40
component part of an integrated water supply plan as applied for even date therewith. THIRD CLAIM (Storage Right). Name of Reservoir: Flying Elk Pond No. 3. Legal description of reservoir dam: NW¼ SE¼, Section 23, Township 9 South, Range 85 West, 6th P.M. at a point 1,400 feet from the South line and 1,800 feet from the East line of said Section 23. Woody Creek, tributary to the Roaring Fork River. Date of Appropriation: June 12, 1998. Date water applied to beneficial use: N/A. How appropriation was initiated: By location of pond on Ranch layout plan, field investigations, land use planning, and formulation of intent to appropriate water to the beneficial purposes claimed. Amount claimed: 1.80 acre feet conditional, with the right to fill and refill whenever water is physically and legally available. Fill rate: 0.50 c.f.s. conditional. Uses or proposed uses: piscatorial, recreation, and aesthetic. Maximum height of dam: 2 feet. Length of dam: 300 feet. Total capacity of reservoir: 1.80 acre feet. Active capacity of reservoir: 0.00 acre feet. Dead Storage: 1.80 acre-feet. Name and capacity of ditch(es) leading to reservoir: Paradise Ditch. The name and address of the owner of the land upon which the point of diversion is located is: Applicant; the name and address of the owner of land upon which the place of use of the water is or will be is: Applicant. Remarks: This water right is a component part of an integrated water supply plan as applied for even date therewith. FOURTH CLAIM (Storage Right). Name of Reservoir: Flying Elk Pond No. 4. Legal description of reservoir dam: NW¼ SE¼, Section 23, Township 9 South, Range 85 West, 6th P.M. at a point 2,200 feet from the South line and 1,900 feet from the East line of said Section 23. Source: Woody Creek, tributary to the Roaring Fork River. Date of Appropriation: June 12, 1998. Date water applied to beneficial use: N/A. How appropriation was initiated: By location of pond on Ranch layout plan, field investigations, land use planning, and formulation of intent to appropriate water to the beneficial purposes claimed. Amount claimed: 2.40 acre feet conditional, with the right to fill and refill whenever water is physically and legally available. Uses or proposed uses: piscatorial, recreation, and aesthetic. Maximum height of dam: 10 feet. Length of dam: 500 feet. Total capacity of reservoir: 2.40 acre feet. Active capacity of reservoir: 2.40 acre feet. Dead Storage: 0.00 acre- feet Name and capacity of ditch(es) leading to reservoir: Flying Elk Ditch and Pipeline. The name and address of the owner of the land upon which the point of diversion is located is: Applicant; the name and address of the owner of land upon which the place of use of the water is or will be is: Applicant. Remarks: This water right is a component part of an integrated water supply plan as applied for even date therewith. FIFTH CLAIM (Direct Flow Right). Name of structure: Flying Elk Ditch and Pipeline. Legal description of point of diversion: The point of diversion is on Woody Creek in the NW 1/4 SE 1/4, Section 23, Township 9 South, Range 85 West, 6th P.M., at a point 2,050 feet from the South Section line and 1.550 feet from the East Section Line of said Section 23. Source: Woody Creek. Date of Appropriation: June 12, 1998. Date water applied to beneficial use: N/A. How appropriation was initiated: By location of ditch headgate on Ranch layout plan, field investigations, land use planning and formulation of intent to appropriate water to the beneficial uses claimed. Amount claimed: 0.50 cfs, conditional. Uses or proposed uses: placement of water in storage for subsequent uses of piscatorial, recreation and aesthetic use. The name and address of the owner of the land upon which the point of diversion is located is: Applicant; the name and address of the owners of land upon which the place of use of the water is or will be is: Applicant. Remarks: This water right is a component part of an integrated water supply plan as applied for even date herewith. (7 pages)
51. 98CW276 PITKIN COUNTY - ROARING FORK RIVER, APPLICATION FOR STORAGE WATER RIGHT. Robert Harper and Donna Harper, c/o Patrick & Stowell, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST CLAIM. APPLICATION FOR STORAGE WATER RIGHT. Name of Reservoir: Harper Pond. Legal description of reservoir dam: The Harper Pond is divided into two segments by the Harpers’ driveway, which are hydraulically connected by a 42-inch CMP culvert. The axis of the dam at the driveway crossing is located in Pitkin County, at the NE¼ SW¼ of Section 25, Township 8 South, Range 86 West of the 6th P.M. at a point approximately 1,800 feet east of the west section line and 2,000 feet north of the south section line of said Section 25, from whence the dam runs in a northwesterly direction for 220 feet, and in a southeasterly direction for 200 feet. Source: Roaring Fork River by deliveries from the Lazy Brooks Pipeline decreed in Case No. 92CW322. Date of Appropriation: December 31, 1990. Date water applied to beneficial use: December 31, 1990. How appropriation was initiated: Field inspection, formation of intent to apply water to beneficial use, filling of pond. Amount claimed: 0.51 acre feet, conditional. Uses or proposed uses: Irrigation, aesthetics, fish propagation, fire protection, and recreational uses. Maximum height of dam: Approximately 5 feet. Length of dam: 420 feet. Total capacity of reservoir: 0.51 acre-feet. Active capacity of reservoir: 0.51 acre-feet. Dead storage: Zero (0) acre-feet. Name and capacity of ditch leading to reservoir: Lazy Brooks Pipeline, for 1.0 cfs, previously decreed in Case No. 92CW322. The name and address of the owner of the land upon which the point of diversion is located is: Applicants; the name and address of the owner of land upon which the place of use of the water is or will be is: Applicants. Remarks: The Harper Pond is part of an integrated water supply project whose component parts were previously decreed in Case Nos. 92CW322 and 92CW323. Historically, the pond has been filled by the Last Chance Ditch; this application seeks to modify that practice to allow it to be filled directly from the Roaring Fork River through the Lazy Brooks Pipeline. (3 pages)
52. 98CW277 - UNABLE TO PUBLISH
53. 98CW278 GARFIELD COUNTY - C&M DITCH. George Shifrin, c/o Edward B. Olszewski, Esq., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Application for Change of Water Right and to Amend Plan for Augmentation. Claim for Change of Water Right. Decreed name of structure for which change is sought: Cerise Pond No. 1. From previous decree: Date entered: April 11, 1988. Case No. 86CW008. Court: District Court, Water Division No. 5. Decreed point of diversion: The headgate of the outlet DECEMBER 1998 RESUME WATER DIVISION 5 Page 41
of said pond is located in Sec. 24, T. 7 S., R. 88 W., 6th P.M., 800 ft. from the E. Sec. line and 1,500 ft. from the N. Sec. line of Sec. 24. Date of appropriation: October 1, 1985. Amount: 4.44 acre feet, conditional. Historic use: The Cerise Pond No. 1 is a conditional water right which has not yet been put to beneficial use. Proposed change: Applicant acquired one-half of the water rights and plan for augmentation decreed in 86CW008 as part of a recent land purchase. Applicant obtained title to the Douglas Cerise Well No. 2, 2.22 acre feet of storage in the Cerise Pond No. 1, 4.55 af. of consumptive use credit and 2.50 cfs of the C&M Ditch irrigation water rights. Applicant has constructed a pond on his property at a location more than 200 feet from the decreed location for the Cerise Pond No. 1. Applicant seeks to move his one-half (½) interest in the Cerise Pond No. 1 to his property. The pond is 0.30 acre in surface area with a storage capacity of 2.22 af. (½ of the decreed size and capacity). The new location is in the NW1/4NE1/4, Sec. 24, T. 7 S., R. 88 W., 6th P.M. at a point 200 ft. from the N. line and 1,450 from the E. line of said Sec. 24. Applicant requests a change in the point of storage for 2.22 af. of the Cerise Pond No. 1 from its decreed location to the above location. Claim for Amendment to Plan for Augmentation. Applicant acquired a one-half interest in the plan for augmentation decreed in Case No. 86CW008. Applicant seeks to amend the plan for augmentation decreed in 86CW008 to the extent of his interest. The amendment to plan for augmentation addresses a change in the mix of uses for the Cerise Well No. 2 and the augmentation of those uses. The Douglas Cerise Well No. 2 has been completed and is within 200 ft. of the decreed location. The Douglas Cerise Well No. 2 will serve an equestrian center with up to eighty (80) horses, five (5) employees and an average of ten (10) visitors per day. The water requirements for the above uses are shown on Table 1, attached. Total consumptive use is 1.12 af. which is less than the 4.55 af. available to Applicant under Case No. 86CW008, Water Division No. 5. The dry up of historically irrigated lands which is a requirement of the augmentation plan in 86CW008, will consist of 2.9 acres associated with the development of a barn (220 feet x 137 feet), two (2) arenas (100 feet x 200 feet each) a pond (130 feet x 100 feet) and 3,000 feet of 15 foot wide access roads. The dry up has been completed. The net consumptive use credit made available by the dry up associated with the proposed development is 4.55 af. As per Case No. 86CW008, irrigation season depletions will be augmented by the dry up referenced above. Non-irrigation season depletions will be augmented by releases from the Applicant’s share of the Cerise Pond No. 1 (at its new location) by use of one or more recharge shafts as required by 86CW008. The excess consumptive use credits are reserved for the uses described in Case No. 86CW008. (4 pages).
54. 98CW279 RIO BLANCO COUNTY - LITTLE BEAVER CREEK, WHITE RIVER. Berthelson Ranches Limited; c/o J. Wiley Berthelson; 316 RBC 40; Meeker, CO 81641 970-878-5291. Berlim #1, #2, #3 and #4 - Application for Water Rights (Surface). Location: #1 - from the southwest 1/4 corner of the NW1/4 East 2300 feet and South 25 feet Sec. 31, T. 1 N., R. 92 W., 6th P.M., #2 - from the SW1/4 corner of the NW1/4 East 1700 feet and 500 feet South, Sec. 31, T. 1 N., R. 92 W., 6th P.M., #3 - from the SW1/4 corner of the NW1/4 East 1900 and 1800 South, Sec. 31, T. 1 N., R. 92 W., 6th P.M., #4 - from the SW1/4 corner of the NW1/4 East 3650 feet, Sec. 31, T. 1 N., R. 92 W., 6th P.M. Appropriation: 1967. Amount: 0.033 cfs (15 gpm), absolute. Use: livestock and domestic. (3 pages)
55. 98CW280 EAGLE COUNTY, LAKE CREEK, EAGLE RIVER, COLORADO RIVER, David and Nancy Nystrom c/o Jefferson V. Houpt, Esq., Caloia & Houpt, P.C., 1204 Grand Avenue, Glenwood Springs, CO 81601, (970) 945-6067. Application for Underground Water Rights, for Water Storage Right, for Change of Water Right, and for Approval of Plan for Augmentation. 1ST CLAIM: Underground Water Rights. Names: Nystrom Well Nos. 1, 2 and 3. Locations: all in Sec. 18, T5 S, R82W of the 6th P.M. Well No. 1 is in the SE¼ NW¼, 2,500 ft. from the N. Sec. line and 1,400 ft. from the W. Sec. line; Well No. 2 is in the NW¼ SW¼, 2,670 ft. from the N. Sec. line and 1,190 ft. from the W. Sec. line; Well No. 3 is in the NW¼ SW¼, 3,020 ft. from the N. Sec. line and 1,270 ft. from the W. Sec. line. Amt: 15 g.g.m. (each well). Source: groundwater trib. to Lake Creek, trib. to Eagle Riv., trib. to Colo. Riv. (all). Approp. dates: 9/30/98 (all). Uses: domestic, fire protection and irrigation (all). Out-of-priority exercise of the wells for domestic and fire protection purposes will be augmented under the plan for augmentation described in the 4th Claim. Irrigation water produced by the wells will be diverted under Applicants’ interest in the Lui Hopper Ditch pursuant to the 2nd Claim. 2ND CLAIM: Water Storage Right. Name: Nystrom Pond No. 1. Location: NE¼ NW¼ of Sec. 18, T5S, R82W of the 6th P.M., 2,550 feet from the N. Sec. line and 1,440 feet from the W. Sec. line. Source: West Lake Creek, trib. to Lake Creek, Eagle Riv., and Colo. Riv. (water to be diverted from West Lake Creek through the Lui Hopper Ditch, described below. Max. rate of fill: 0.11 c.f.s.). Amt: 0.50 acre-feet, cond., with the right to fill and refill in priority. Approp Date: 9/30/98. Uses: irrigation, recreation, aesthetic, fish and wildlife propagation, and augmentation. 3RD CLAIM: Change of Water Right. Name: Lui Hopper Ditch. Decreed: 10/3/36, Case No. 963, Eagle County Dist. Ct. Location: the p.o.d. is on the west bank of West Lake Creek at a point near the center of the SE¼ Sec. 18, T5S, R82W of the 6th P.M. Source: West Lake Creek. Approp date: 6/1/1888. Amt: 4.84 c.f.s. Historical use: Applicants own 0.11 c.f.s. of the Lui Hopper Ditch, Priority 373, historically used to irrigate approximately 4.0 acres. Proposed changes: Applicants request approval of Nystrom Well Nos. 1, 2 and 3 as alternate points of diversion for Applicants’ interest in the Lui Hopper Ditch for irrigation purposes only. The timing, amount and location of irrigation will not change, except to the extent that land is permanently removed from irrigation for augmentation purposes. Applicants also request approval of a change of use for 0.57 acre feet of the consumptive use associated with Applicants’ interest in the Lui Hopper Ditch to allow its use for augmentation. Applicants will permanently discontinue irrigation of 0.34 acres of historically irrigated land for this purpose. 4TH CLAIM: Approval of Plan for Augmentation. Structures to be augmented: Nystrom Well Nos. 1, 2 and 3 and Nystrom Pond No. 1. Water rights to be used for augmentation: Nystrom Pond No. 1 and consumptive use attributable to historical diversions from the Lui Hopper Ditch for the irrigation of 0.34 acres. 6.68 acre-feet of water was consumptively used on Applicants’ lands. Applicants will permanently discontinue irrigation of 0.34 acres under the Lui Hopper Ditch and DECEMBER 1998 RESUME WATER DIVISION 5 Page 42
dedicate the historical consumptive use associated therewith to augmentation of evaporative losses from Nystrom Pond No. 1. Summary of augmentation plan: Applicants own approx. 11.46 acres adjacent to West Lake Creek (“Subject Property”). Applicants intend to divide the property into a total of three parcels, with one single-family residence on each parcel. Nystrom Well Nos. 1, 2 and 3 will each be located on a separate lot and will serve one single-family residence with water for in-house domestic purposes, fire protection, and irrigation. Total annual depletions resulting from the domestic and irrigation use of the three wells will be 0.328 acre feet. Depletions to Lake Creek resulting from the exercise of Nystrom Well Nos. 1, 2 and 3 for domestic and fire protection purposes will be replaced with water stored in priority in Nystrom Pond No. 1 and released at the direction of the Division Engineer. These depletions will occur at a constant rate throughout the year. Any water produced by Nystrom Well Nos. 1, 2 and 3 for irrigation will be diverted under the Lui Hopper Ditch, Priority No. 373 water right, as changed pursuant to the 3rd Claim, above. Such use shall be limited to the historical irrigation season. Applicants’ total diversions for irrigation from the Nystrom Wells and the Lui Hopper ditch headgate under Priority No. 373 will not exceed 0.10 c.f.s. Anticipated evaporative losses from Nystrom Pond No. 1 are set forth in the Application. To replace these evaporative losses at times when the water right described in the 2nd Claim, above, is out-of-priority, Applicants will permanently remove from irrigation 0.34 acres under the Lui Hopper Ditch, Priority 373. Water which otherwise would have been diverted and applied to the irrigation of said 0.34 acres will be delivered into Nystrom Pond No. 1. The permanent removal from irrigation of 0.34 acres under the Lui Hopper Ditch will make 0.57 acre feet available for augmentation of the evaporative losses from Nystrom Pond No. 1. (10 pages)
56. 98CW281 ROUTT COUNTY, ELK CREEK. Mervyn Lapin c/o Sherry A. Caloia, Esq., Caloia & Houpt, 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Application for Water Rights (Surface). Names: Lapin Spring No. 1 and Lapin Spring No. 2. Locations: Lapin Spring No. 1: Sec. 21, T. 1 S., R. 84 W. of the 6th P.M. at a point 2,100 ft. W. of the E. Sec. Line and 600 ft. N. of the S. Sec. Line of said Sec. 21. Lapin Spring No. 2: Sec. 21, T. 1. S., R. 84 W. of the 6th P.M. at a point 600 ft. W. of the E. Sec. Line and 1,400 ft. N. of the S. Sec. Line of said Sec. 21. Source: springs trib. to Elk Creek. Appropriation Date: July 1, 1998. Amts: Lapin Spring No. 1: 50 g.p.m. (0.111 c.f.s.), cond. Lapin Spring No. 2: 10 g.p.m. (0.022 c.f.s.), cond. Uses (both springs): irrigation and to fill Wohler Reservoir. Land to be irrigated: 20 acres in S ½ S ½ SE ¼ of Sec. 21, T. 1 S., R. 84 W. of the 6th P.M. Applicant also requests that Lapin Spring No. 1 and Lapin Spring No. 2 be decreed as additional sources of supply for Wohler Reservoir and for all uses decreed for Wohler Reservoir (Civil Action No. 560, Routt County District Court; Case No. W-389, District Court, Water Division No. 5; and Case No. 91 CW 092, District Court, Water Division No. 5). (3 pages)
57. 98CW282 ROUTT COUNTY, ANTELOPE CREEK. Mervyn Lapin c/o Sherry A. Caloia, Esq., Caloia & Houpt, 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Application for Water Storage Right. Name: Buck Pond, Lapin First Enlargement. Location: NE ¼ of the NW ¼ of Sec. 22, T. 1 S., R. 84 W. of the 6th P.M. at a point whence the NW corner of said Sec. 22 bears N. 69º21’ W a distance of 2,428 ft. and 2,282 ft. from the W. Sec. Line and 906 ft. from the N. Sec. Line. Source: Spring trib. to Antelope Creek. Appropriation Date: May 15, 1992. Amt: 16.8 acre-feet, cond., with right to refill in priority. Use: irrigation of 10 acres in the N ½ N ½ Sec. 22 and the SE ¼ SW ¼ and SW ¼ SE ¼ Sec. 15, T. 1 S., R. 84 W. of the 6th P.M. Remarks: Pursuant to a decree dated February 18, 1992 in Case No. 91CW092, Applicant owns a water right for Buck Pond in the amount of 16.8 acre-feet for piscatorial purposes. An aug. plan was approved in Case No. 91CW092 for out-of-priority evaporation losses from Buck Pond. Applicant is seeking a new water right in order to be able to use water stored in Buck Pond for irrigation purposes. (3 pages)
58. 98CW283 GARFIELD COUNTY - THOMAS CREEK AND CRYSTAL RIVER ALLUVIUM. Hal Harvey, c/o Scott Balcomb, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602 (970) 945-6546. FDRW Well #1, FDRW Well #2, FDRW Well #3, East Mesa Ditch FDRW Enlargement and FDRW Ditch, FDRW Pond. Application for Underground Water Right, Surface Water Right, Storage Water Right and Approval of Plan for Augmentation. CLAIM FOR UNDERGROUND WATER RIGHT. Location: FDRW Well #1 is located in the NE1/4NE1/4 of Section 22, Township 8 South, Range 88 West of the 6th P.M. at a point 600 feet south of the north section line and 300 feet west of the east section line of said Section 22. FDRW Well #2 is located in the NW1/4NW1/4 of Section 23, Township 8 South, Range 88 West of the 6th P.M. at a point 1000 feet south of the north section line and 400 feet east of the west section line of said Section 23. FDRW Well #3 is located in the NW1/4NW1/4 of Section 23, Township 8 South, Range 88 West of the 6th P.M. at a point 700 feet south of the north section line and 600 feet east of the west section line of said Section 23. Depth: 150 feet. Appropriation: 11/16/1998. Appropriation was initiated by formulation of intent by the Applicant and field investigation by the Applicant and Wright Water Engineers, Inc. Amount: 0.033 cfs, conditional each well. Use: Domestic, irrigation, livestock and fire protection. If irrigation, complete the following: Number of acres historically irrigated: 0. Total number of acres proposed to be irrigated: 0.34. Description of the land irrigated: Portions of NE1/4NE1/4 of Section 22 and NW1/4NW1/4 of Section 23, Township 8 South, Range 88 West of the 6th P.M. If non-irrigation, describe purpose fully: Domestic water for three single family residences, 6 horses, and fire protection. CLAIM FOR SURFACE WATER RIGHT. East Mesa Ditch FDRW Enlargement and FDRW Ditch. Description: Located in the NE1/4SE1/4 of Section 9, Township 9 South, Range 88 West of the 6th P.M. at a point 3000 feet south of the north section line and 800 feet west of the east section line of said Section 9. FDRW Ditch: Located in the NE1/4NE1/4 of Section 22, Township 8 South, Range 88 West of the 6th P.M. at a point 800 feet south of the north section line and 450 feet west of the east section line of said Section 22. Appropriation: 11/16/1998. Appropriation was initiated by formulation of intent by the Applicant, and field investigation by the applicant and Wright Water Engineers, Inc. Amount: East Mesa Ditch FDRW Enl: 1 cfs, conditional. FDRW Ditch: 1 cfs, conditional. Use: East DECEMBER 1998 RESUME WATER DIVISION 5 Page 43
Mesa Ditch FDRW Enl.: Augmentation, fill FDRW Pond, domestic. FDRW Ditch: Augmentation, fill FDRW Pond, domestic, Irrigation and fire protection. If irrigation: Number of acres historically irrigated: 0; proposed to be irrigated: 2. Description of acreage: Portions of NE1/4NE1/4 of Section 22, and NW1/4NW1/4 of Section 23, Township 8 South, Range 88 West of the 6th P.M. If non-irrigation: describe purpose fully: Both ditches will be used to fill the FDRW Pond for augmentation, domestic and fire protection. CLAIM FOR STORAGE WATER RIGHT. Name of reservoir: FDRW Pond. Location of reservoir: The center of the dam is located in the NE1/4NE1/4 of Section 22, Township 8 South, Range 88 West of the 6th P.M. at a point 450 feet south of the north section line and 800 feet west of the east section line of said Section 22. If off channel reservoir, name source to fill reservoir: FDRW Ditch and East Mesa Ditch FDRW Enlargement. Appropriation: 11/16/98. Appropriation was initiated by formulation of intent by the Applicant, and field investigation by the Applicant and Wright Water Engineers, Inc. Amount: In acre feet: 5 AF, conditional. Rate of diversion for filling the reservoir: 1 cfs. Uses: Augmentation, domestic, irrigation, aesthetics and fire protection. Surface area: 0.5 acre. Maximum height of dam in feet: Less than 10 feet high. Length of dam in feet: 200 feet long. Total capacity of reservoir in acre feet: 5. Active capacity: 5 af. Dead storage: 0. CLAIM FOR PLAN FOR AUGMENTATION. Structures to be augmented: East Mesa Ditch FDRW Enlargement , FDRW Pond, FDRW Well #1, FDRW Well #2, and FDRW Well #3. Other water rights diverted from these structures? Yes, East Mesa Ditch. Previous decree for water rights to be used for augmentation: East Mesa Ditch. Date entered: 12/12/1902. Case No.: CA-990. Court: District Court, Pitkin County. Type of water right: Irrigation. Legal description of point(s) of diversion or place of storage: Located on the East bank of Crystal River, at a point whence the quarter corner between Sections 9 and 10, Township 9 South, Range 88 West bears North 61°12' East 527.84 feet. Amount: 31.8 cfs. Appropriation: August 10, 1894. Decreed uses: Irrigation. Historic use: The driveways and houses will be located on historically irrigated land. Approximately 0.39 acres will be dried up on historically irrigated land under the East Mesa Ditch. The dry up land will be permanent due to construction of the Lot 3 driveway, barn and houses. These credits are to be transferred to the wells and to the FDRW Pond to augment out-of-priority depletions by the wells and pond. Statement of plan for augmentation: Out of priority depletions due to diversions by FDRW Well Nos. 1, 2, and 3 will be replaced by consumptive use credits obtained by dry up of 0.39 acres irrigated by the East Mesa Ditch and by releases for FDRW Pond, all according to the augmentation operation analysis prepared by Wright Water Engineers in its report dated 12/29/98, a copy of which is on file in the office of the Water Clerk. (7 pages)
59. 98CW284 EAGLE COUNTY - GROUNDWATER TRIBUTARY TO BEAVER CREEK, TRIBUTARY TO THE EAGLE RIVER. Jere and Peggy Thompson, c/o Edward B. Olszewski, Esq., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Application for Underground Water Right, Storage Water Right, and Approval of Plan for Augmentation. Claim for Underground Water Right. Name of well: Thompson Well No. 1. Legal description of well: The Thompson Well No. 1 is located in the SE1/4 of the SW1/4, Sec. 24, T. 5 S., R. 82 W. of the 6th P.M. at a point 2,521 ft. E. of the W. Sec. line and 851 ft. N. of the S. Sec. line. Depth: 150 ft. Date of appropriation: December 30, 1998. How appropriation was initiated: Location of well, formation of intent to place water to beneficial use and filing of Water Court Application. Date water applied to beneficial use: N/A. Amount claimed: 0.0334 cfs, conditional. Proposed use: If irrigation, complete the following: (1) Number of acres historically irrigated: N/A. (2) Total number of acres proposed to be irrigated: 0.5 acre. (3) Legal description of the land irrigated: Land located in the SE1/4 of the SW1/4 of Sec. 24, T. 5 S., R. 82 W. of the 6th P.M. If non irrigation, describe purpose fully: Irrigation, domestic and pond filling. Claim For Storage Water Right. Name of reservoir: Thompson Pond. Legal description: Location of reservoir: Located in the SE1/4 of the SW1/4 of Sec. 24, T. 5 S., R. 82 W. of the 6th P.M. at a point 2,468 ft. E. of the W. Sec. line and 805 ft. N. of the S. Sec. line. If off channel reservoir, name source to fill reservoir: The Thompson Pond will be filled by the Thompson Well No. 1. Date of appropriation: December 30, 1998. How appropriation was initiated: Location of pond, formation of intent to place water to beneficial use and filing of Water Court Application. Date water applied to beneficial use: N/A. Amount claimed: In acre feet: 0.221 acre foot (72,000 gallons), conditional. Rate of diversion for filling the reservoir: 15 gpm, conditional. Uses: Aesthetic and augmentation. Surface area: 2,500 sq. ft. (0.0574 acres). Maximum height of dam in feet: 6 ft. Length of dam in feet: 20 ft. Total capacity of reservoir in acre feet: 0.221 af. (72,000 gallons). Active capacity: 0.221 af. Dead storage: 0. Claim for Plan for Augmentation. Names of structures to be augmented: Thompson Well No. 1 and Thompson Pond. Are there other water rights diverted from these structures? No. Previous decree for water rights to be used for augmentation: Thompson Pond as described above. Wolford Mountain Reservoir. Date entered: November 20, 1989. Case Nos.: 87CW283, 95CW251. Court: District Court, Water Division No. 5, Colorado. Type of water right: Storage. Legal description: The dam is located in the SW1/4 of the NE1/4, Sec. 25, T. 2 N., R. 81 W. of the 6th P.M. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. Amount: 59,993 af. Appropriation date: December 14, 1987. Decreed uses: All uses including but not limited to domestic, municipal, agricultural, and recreational uses. Historic use: 32,986 af. of the Wolford Mountain Reservoir have been used for recreational and piscatorial purposes. Eagle Park Reservoir. Decreed by the Water Court in Case Nos. 92CW340 and 93CW301, for a combined total capacity of 27,600 acre feet, with an appropriation date of March 16, 1991, for 5,300 af., and May 18, 1993, for 22,300 af., together with the right to divert at the rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant to the application of the Water Court pending in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. The north abutment of the dam crest is located approximately 160 ft. north of the south sec. line and 650 ft. east of the west sec. line of Sec. 28, T. 7 S., R. 79 W. of the 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. Statement of plan for augmentation: This plan for augmentation augments actual depletions from the DECEMBER 1998 RESUME WATER DIVISION 5 Page 44
Thompson Well No. 1 and the Thompson Pond. Diversions and consumptive use depletions are summarized in the attached table. The amount of augmentation water required was conservatively estimated using year round use of the well and full time occupancy of Applicant’s home. Total depletions to the Eagle River total 1.15 af. per year as summarized in the attached table. This conservatively includes in house uses averaging 450 gallons per day. Outside irrigation demands are estimated based on a maximum irrigated area of 0.5 acre with a unit demand of 1.51 af. per acre. Pond filling and evaporation were calculated to total 0.32 acre foot per year. The Thompson Well No. 1 and the Thompson Pond will divert and be filled using their own junior water rights while in priority. Out-of-priority consumptive use depletions from the Thompson Well No. 1 and Thompson Pond will be augmented either by (1) releases from the Thompson Pond; (2) releases from Wolford Mountain Reservoir under contract with the Colorado River Water Conservation District; and/or (3) releases from Eagle Park Reservoir under a contract with the Colorado River Water Conservation District. Applicant expressly acknowledges that the Wolford Mountain Reservoir and Eagle Park Reservoir projects and their water rights are owned and operated by the Colorado River Water Conservation District and that any use of Wolford Mountain Reservoir or Eagle Park Reservoir water shall be contingent upon the existence of a contract between the Applicant and the Colorado River Water Conservation District. Applicant’s well is located within 100 ft. of Beaver Creek. Therefore, there will be no delayed impacts to Beaver Creek. Name and address of owners of land on which structures are located: Same as Applicant. (6 pages).
60. 98CW285 EAGLE COUNTY, COLORADO, APPLICATION TO AMEND AUGMENTATION PLAN OF CENTEX EAGLE GYPSUM COMPANY, LLC, 1. Name, address and telephone number of applicant: Centex Eagle Gypsum Company, LLC, P.O. Box 980, Eagle, Colorado 81637, (970) 524-9700. Direct all pleadings to: Michael F. Browning, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, (303) 443-6800. 2. Background: By decree dated July 13, 1990, entered in Case No. 89CW132, as amended by decree dated April 29, 1992, entered in Case No. 91CW109, the District Court in and for Water Division 5 approved an augmentation plan in connection with Applicant’s wallboard manufacturing facility located in Gypsum, Colorado (the “Aug Plan”). By this application, Applicant seeks to add additional sources of augmentation water to the Aug Plan. 3. Description of additional augmentation water: Applicant is the process of contracting with the Colorado River Water Conservation District for 20 acre feet of fully consumable water annually (the “District Water”) derived from one or more of the following sources (a final decree herein will not be issued until such contract is executed): A. Eagle Park Reservoir. Eagle Park Reservoir was decreed by the Water Court in Case Nos. 92CW340 and 93CW301, for a combined total capacity of 27,600 acre feet, with an appropriation date of March 16, 1991, for 5300 acre feet, and May 18, 1993, for 22,300 acre feet, together with the right to divert at the rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant to the application of the Water Court pending in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. The north abutment of the dam crest is located approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. In addition to the tributary area upstream of the reservoir, the specific points of diversion into storage for Eagle Park Reservoir are as follows: (1) The East Fork Interceptor Ditch, which has a capacity of 48 cfs and diverts from unnamed tributaries of the East Fork of the Eagle River at the following points, all of which are located in Eagle County, Colorado: (i) 900 feet south of the north section line and 1100 feet west of the east section line of Section 5, T. 8 S., R. 79 W., 6th P.M. (ii) 1250 feet south of the north section line and 700 feet east of the west section line of Section 4, T. 8 S., R. 79 W., 6th P.M. (iii) 1200 feet north of the south section line and 800 feet east of the west section line of Section 33, T. 7 S., R. 79 W., 6th P.M. (iv) Runoff, surface flow, and seepage from the area above the East Fork Interceptor Ditch as it runs between the above-described points of diversion and Eagle Park Reservoir. (2) The Chalk Mountain Interceptor Ditch, which has a capacity of 12 cfs and diverts runoff and seepage as it runs a distance of approximately 3.4 miles from Fremont Pass, located in the W/2 of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterly along State Highway 91 and the South side of Robinson Tailing Pond, thence westerly to the south of Chalk Mountain Reservoir and Robinson Reservoir, thence northwesterly to Eagle Park Reservoir. The Chalk Mountain Interceptor Ditch diverts water from the headwaters of Tenmile Creek in Summit County and from the headwaters of the East Fork of the Eagle River in Eagle County. (3) The East Interceptor Ditch, which has a capacity of 20 cfs and runs northeasterly from a point whence the northeast corner of Section 2, T. 8 S., R. 79 W., 6th P.M. bears North 77°20' East a distance of 850 feet at the north fork of McNulty Creek, thence along the east side of Robinson and Tenmile Tailing Ponds into Supply Canal No. 1 described below. The East Interceptor Ditch diverts water from the north fork of McNulty Creek and surface flow, seepage, and runoff from watersheds above it that are tributary to Tenmile Creek. (4) The Supply Canal No. 1, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (i) On the west bank of Humbug Creek at a point whence the southwest corner of Section 18, T. 7 S., R. 78 W. bears South 71°35' West a distance of 3250 feet. (ii) On the south bank of Mayflower Creek at a point whence the northeast corner of Section 24, T. 7 S., R. 79 W., 6th P.M. bears North 16°55' East a distance of 2250 feet. (iii) Runoff, surface flow, and seepage from the area above the Supply Canal No. 1 as it runs between the above-described points of diversion and the Climax Mill. (5) The Supply Canal No. 2, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (i) On the west bank of Searle Creek at a point whence U.S.L.M. Kokomo bears South 45°58' East 3740 feet (located in the NW1/4 of the SE1/4 of Section 13, T. 7 S., R. 79 W., 6th P.M.). (ii) On the south bank of Kokomo Creek at a point whence U.S.L.M. Kokomo bears North 39°36' east 2635 feet (located in the SE1/4 of Section 22, T. 7 S., R. 79 W., 6th P.M.). (iii) Runoff, surface DECEMBER 1998 RESUME WATER DIVISION 5 Page 45
flow, and seepage from the area above the Supply Canal No. 2 as it runs between the above-described points of diversion and the Climax Mill. (6) The East Fork Pumping Plant, which has a capacity of 6 cfs and diverts from the East Fork of the Eagle River at a point in the SE1/4 NE1/4 of Section 32, T. 7 S., R. 79 W., 6th P.M. at a point whence the NE corner of said Section 32 bears N. 31°53' E. a distance of 2414 feet, as Eagle Park Reservoir is augmented by exchange by decree of the Water Court in Case No. 95CW348. B. Arkansas Well. The first 455 acre feet per year of historic transbasin diversions from an undivided 1/7th interest in and to that certain water right known as the Stevens and Leiter Ditch, originally decreed by the Chaffee County District Court for 38 cfs with a priority date of September 1, 1873, as changed by the Chaffee County District Court, in Civil Action No. 5276, to a new point of diversion which is a well located in the E1/2 SE1/4 SE1/4 of Section 10, T. 8 S., R. 79 W. of the 6th P.M., whence the SE corner of Section 10 bears South 17°37' East, a distance of 364.8 feet, on the East Fork of the Arkansas River in Lake County, Colorado, as said change was confirmed by the District Court in and for Water Division No. 2, in Case No. 91CW028, providing that said water could be diverted at the rate of 1.086 cfs, with an annual volumetric limit of 786 acre feet, to the Colorado River Basin for use and disposition there, without any return flows to the Arkansas River Basin, together with the right to use, reuse and successively use said water to extinction. C. Homestake Reservoir. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by the Eagle County District Court in Civil Action No. 1193 for 83,338.98 acre feet conditional, 43,504.7 acre feet of which is now absolute. This reservoir is located on Homestake Creek with a dam being located whence the NW Corner of Section 31, T. 7 S., R. 80 W., 6th P.M. bears N. 58°30.6' E. 24,659 feet from the East dam abutment and N. 62°25.8' E. 25,746 feet from the West dam abutment. The sources of supply of said reservoir are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. 4. Requested Amendment. Applicant seeks to add the District Water to the sources of augmentation water available under the Aug Plan. It is anticipated that the District Water would primarily be utilized to replace depletions under the Aug Plan at such time as the Colorado Water Conservation Board’s instream flow right on the Eagle River would not otherwise be protected from injury by operation of the existing Aug Plan. Specifically, at such times as the instream flow right on the Eagle River would otherwise curtail diversions at the Applicant’s following described wells decreed by the District Court in and for Water Division No. 5 in Case No. 91CW109 on April 29, 1992, Applicant would cause sufficient amounts of the District Water to be released to the Eagle River to offset the resulting depletions: Eagle Gypsum Well No 1 located in the NW1/4 NE1/4 of Section 5, T. 5 S., R. 85 W. of the 6th P.M. at a point whence the witness corner to the NW Corner of said Section 5 bears N. 70°05' W. a distance of 3034 feet. Said location is also 935 feet from the North line of said Section 5 and 2450 feet from the East line of said Section 5. Eagle Gypsum Well No. 2 located in the NW1/4 NE1/4 of Section 5, T. 5 S., R. 85 W. of the 6th P.M. at a point 990 feet from the North line of said Section 5 and 2250 feet from the East line of said Section 5. Eagle Gypsum Well No. 3 located in the NW1/4 NE1/4 of Section 5, T. 5 S., R. 85 W. of the 6th P.M. at a point whence the witness corner to the NW Corner of said Section 5 bears N. 72°02' W. a distance of 3204 feet. Said location is also 890 feet from the North line of said Section 5 and 2255 feet from the East line of said Section 5. (6 pages) COPY - MICHAEL BROWNING
61. 98CW286 Pitkin County; Roaring Fork River. Robert Oxenberg, Maureen McCluskey, c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Change of Water Right and Application for Amendment to Plan for Augmentation. First Claim. Application for Change of Water Right. Decreed name of structure for which change is sought: McCluskey Well No. 1. From previous decree: Date entered: 3/18/1987 in Case No. 86CW109 in the District Court, Water Division No. 5. The McCluskey Well is located in the SW 1/4 SW 1/4 of Sec. 28, T. 10 S., R. 84 W., 6th PM, 1165 feet from the S. section line and 1140 feet from the W. section line. Source: Roaring Fork Alluvium. Appropriation date: 8/18/1978. Amount: 15 gpm absolute. Use: Domestic purposes for 4 single-family dwelling units, including fire protection and up to 8000 SF of lawn and garden irrigation. Proposed change: The Applicants propose to add an alternate point of diversion for the McCluskey Well No. 1 at the following location: McCluskey Well No. 1-A: A point in Sec. 28, T. 10 S., R. 84 W., 6th PM, beginning at the BLM brass cap monument inscribed S28 C N S SW I/256 1978, being firmly set and properly marked: thence S. 00°27'01" W. a distance of 37.97 feet. An application for a well permit for the alternate point of diversion of the McCluskey Well No. 1 will be filed with the Colo. Division of Water Resources. Applicant acknowledges that the alternate point of diversion as applied for in this application and the McCluskey Well No. 1 may be within 600 from each other and request that permit issuance not be postponed or denied because of any concerns by the Division Engineer or others that the proposed well locations will materially affect these water rights. The Applicants waive any objections based upon the 600 foot spacing rule. Remarks: The decreed point of diversion of the McCluskey Well No. 1 and the alternate point of diversion as applied for in this application are located on Applicants' property in Pitkin County, Colorado. The combined pumping rate of the McCluskey Well No. 1 and the proposed alternate point of diversion will not exceed 15 gpm. The wells are intended and will continue to provide a domestic water supply for this property pursuant to the plan for augmentation decreed in Case No. 86CW109, as proposed to be amended herein. Name and address of owner of land on which wells are located: Applicants. Second Claim. Application for Amendment to Plan for Augmentation. On 3/18/1987, the District Court, Water Division No. 5, State of Colorado, entered a Decree in Case No. 86CW109 which decreed an underground water right and plan for augmentation to provide a legal water supply on the Applicants' property comprising of approximately 1.5 acres of land adjacent to the Roaring Fork River just below its confluence with Difficult Creek, and generally located in the SW 1/4 SW 1/4 of Sec. 28, T. 10 S., R. 84 W., 6th PM. In 1987, Applicants purchased 1.0 AF of historic consumptive use associated with the J.H. Smith Ditch Nos. 1 and 2 water rights. In Case No. 86CW109, Applicants committed to the stream 0.52 AF per year of the 1.0 AF of historic consumptive use for the implementation and operation of the plan for augmentation decreed in that case. The decree in Case No. 86CW109 further adjudicated and recognized that the remaining 0.48 AF of historic consumptive use credit owned by the Applicants not committed to the plan for DECEMBER 1998 RESUME WATER DIVISION 5 Page 46
augmentation be reserved for future use by the Applicants. The Applicants subsequently acquired additional property adjoining their present parcel and propose to amend the plan for augmentation by committing the additional 0.48 AF of adjudicated historic consumptive use to the plan to allow for additional lawn irrigation on Applicants' property. Additional lawn irrigation will total 13,240 SF with an annual diversion requirement of 0.64 AF (2.12 AF/acre/year) and consumptive use of 0.48 AF per year (1.59 AF consumptive use/acre/year) (75 % irrigation efficiency). Applicants propose to commit to the stream 0.48 AF of historic consumptive use of 0.06 cfs associated with the J.H. Smith Ditch No. 1 and 0.11 cfs associated with the J.H. Smith Ditch No. 2 which historically irrigated 0.32 acres. Applicants further propose to amend the plan for augmentation by the inclusion of McCluskey Well No. 1-A within the plan and allow for out-of-priority diversions from both the McCluskey Well No. 1 and McCluskey Well No. 1-A pursuant to the plan. Name and address of owner of land on which structures are located: The location of the J.H. Smith Ditch Nos. 1 and 2 is shown on the map attached to the application on property owned by Diane H. Smith Trust (c/o Kevin L. Patrick, Esq., 730 East Durant Street, Suite 200, Aspen, CO 81611). (6 pages)
62. 98CW287 (92-CW-087); Garfield County; Grizzly Creek Reservoir and Four Mile Pipeline. City of Glenwood Springs, c/o Mark J. Wagner, Esq., Hill & Robbins, P.C., 1441 Eighteenth Street, Suite 100, Denver, CO 80202-1256. Application for Finding of Reasonable Diligence. Date, Case No., and Court of Original Decree: (1) Grizzly Creek Reservoir: September 13, 1967; Civil Action No.: 1416; Court: District Court in and for Eagle County, Colorado. (2) Four Mile Pipeline: November 5, 1971; Civil Action No.: 5884; Court: District Court in and for Garfield County, Colorado. Location: (1) Grizzly Creek Reservoir is situated in a portion of Section 12, Township 4 South, Range 89 West, 6th P.M., and Section 7, Township 4 South, Range 88 West, 6th P.M. The point of intersection of the centerline of the proposed dam axis with the left abutment at high water line is located at a point whence the northeast corner of Section 12, Township 4 South, Range 89 West, 6th P.M., bears north 00°25' west, at a distance of 1,435.5 feet. (2) Four Mile Pipeline, Headgate No. 1, is located on the easterly bank of Four Mile Creek at a point whence the northwest corner of Section 10, Township 7 South, Range 89 West, 6th P.M. bears north 09°35' west, at a distance of 1,537.473 feet. Headgate No. 2 is located at the outlet of the Alpha Spring at a point whence the south quarter corner of Section 34, Township 6 South, Range 89 West, 6th P.M. bears south 03°54' east, a distance of 2,842.322 feet. Source: (1) The source of water for Grizzly Creek Reservoir is Grizzly Creek, a tributary to the Colorado River. (2) The source of water for the Four Mile Pipeline is Four Mile Creek, a tributary to the Roaring Fork River, a tributary to the Colorado River. Appropriation Date: (1) Grizzly Creek Reservoir has an appropriation date of July 9, 1960, and is decreed as Structure No. 391, Priority No. 486 for an amount of 3,879.8 acre-feet of water. (2) Four Mile Pipeline has an appropriation date of November 2, 1967, and is decreed as Structure No. 632, Priority No. 863 for an amount of 2.91 cubic feet of water per second. Use: (1) Grizzly Creek Reservoir is decreed for storage for municipal purposes. (2) Four Mile Pipeline is decreed for irrigation, domestic, municipal, and other beneficial purposes. The application provides a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. (4 pages)
63. 98CW288 RIO BLANCO COUNTY, WHITE RIVER, TRIBUTARY LITTLE BEAVER CREEK. Buffalo Stop, a Limited Partnership, Tony Meath, General Partner, c/o Frank G. Cooley, Attorney at Law, P. O. Box 98, Meeker, CO 81641. 970-878-5065. APPLICATION FOR WATER RIGHTS. The Little Beaver Water System Ponds. Legal description: T1N, R92 W., 6th P.M. Sec 30: Lots 4 and 27; Sec 31: Lots 3. 4 and 13, and parts of Lots 2 and 14. T1N, R93W, 6th P.M. Sec 25: SE1/4; Sec 36: Lots 1, 2, 3, and 4; NE1/4SE1/4. T1S, R93W, 6th P.M. Sec 1: Lots 1, 2; SW1/4NE1/4. T1S, R92W, 6th P.M. Sec 6: Lot 4. Source: Tributaries, seeps and surface flows to Little Beaver Creek, a Tributary to the White River. Date of initiation of appropriation:November 13, 1998. How appropriation was initiated: By building ponds with a bulldozer. Date water applied to beneficial use: Not yet completed. Uses: Stockwater, wildlife, domestic and aesthetic.
THE LITTLE BEAVER WATER SYSTEM PONDS
NAME OF DESCRIPTION AMOUNT OF WATER APPROP. STRUCTURE CLAIMED DATE
Feet From Feet From T/R West of East North of ACRE DEAD SURFA 1/41/4 SEC. 6TH Line - Feet South Line - FEET STORA CE P.M. from East of Feet from ACTIV GE AREA West Line South of E ACRE ACRE North Line FT. FT. Aspen No. 1 NWSE 25 1N/93W 2,384 W of E 1,516 N of S 0.2 0.1 0.1 11/13/9 8 Aspen No. 2 NWSE 25 1N/93W 2,317 W of E 1,355 N of S 0.2 0.1 0.1 11/13/9 8 Aspen No. 3 NWSE 25 1N/93W 2,216 W of E 1,496 N of S 0.2 0.1 0.1 11/13/9 8 DECEMBER 1998 RESUME WATER DIVISION 5 Page 47
Aspen No. 4 NWSE 25 1N/93W 2,620 W of E 1,628 N of S 0.2 0.1 0.1 11/13/9 8 Aspen No. 5 NWSE 25 1N/93W 1,913 W of E 1,719 N of S 0.2 0.1 0.1 11/13/9 8 Aspen No. 6 NWSE 25 1N/93W 1,808 W of E 1,846 N of S 0.2 0.1 0.1 11/13/9 8 Juniper No. 1 SWSE 25 1N/93W 1,856 W of E 996 N of S 0.2 0.1 0.1 11/13/9 8 Juniper No. 2 SWSE 25 1N/93W 1,686 W of E 1,134 N of S 0.2 0.1 0.1 11/13/9 8 Juniper No. 3 SWSE 25 1N/93W 1,652 W of E 1,206 N of S 0.2 0.1 0.1 11/13/9 8 Blue Spruce SESE 25 1N/93W 887 W of E 1,048 N of S 0.2 0.1 0.1 11/13/9 No. 1 8 Blue Spruce SESE 25 1N/93W 959 W of E 603 N of S 0.2 0.1 0.1 11/13/9 No. 2 8 Blue Spruce SESE 25 1N/93W 783 W of E 620 N of S 0.2 0.1 0.1 11/13/9 No. 3 8 Blue Spruce SESE 25 1N/93W 617 W of E 478 N of S 0.2 0.1 0.1 11/13/9 No. 4 8 Lodgepole SESE 25 1N/93W 188 W of E 426 N of S 0.2 0.1 0.1 11/13/9 No. 1 8 Lodgepole SWSW 30 1N/92W 0' W of E 494 N of S 0.2 0.1 0.1 11/13/9 No. 2 8 Lodgepole SWSW 30 1N/92W 298 E of W 383 N of S 0.2 0.1 0.1 11/13/9 No. 3 8 Cedar No. 1 NWNW 31 1N/92W 1,370 E of W 49 S of N 0.2 0.1 0.1 11/13/9 Lot 4 8 Cedar No. 2 NWNW 31 1N/92W 60 E of W 1,042 S of N 0.2 0.1 0.1 11/13/9 Lot 4 8 Cottonwood SWNW 31 1N/92W 387 E of W 1,419 S of N 0.2 0.1 0.1 11/13/9 No. 1 8 Cottonwood SWNW 31 1N/92W 427 E of W 1,755 S of N 0.2 0.1 0.1 11/13/9 No. 2 8 Cottonwood SWNW 31 1N/92W 538 E of W 1,982 S of N 0.2 0.1 0.1 11/13/9 No. 3 8 Cottonwood SWNW 31 1N/92W 704 E of W 2,093 S of N 0.2 0.1 0.1 11/13/9 No. 4 8 Engleman SWSW 25 1N/93W 587 W of E 1,920 N of S 0.2 0.1 0.1 11/13/9 No. 1 8 Engleman SWSW 25 1N/93W 663 W of E 1,441 N of S 0.2 0.1 0.1 11/13/9 No. 2 8 Engleman SWSW 25 1N/93W 448 W of E 1,267 N of S 0.2 0.1 0.1 11/13/9 No. 3 8 EACH POND HAS A HEIGHT OF APPROXIMATELY 6 TO 8 FEET; THE LENGTH OF EACH DAM IS APPROXIMATLEY 40 TO 60 FEET. Meath Ditch Legal description: T1N, R92W, 6th P.M. Sec 31: 1,348 from West Line, 2,256 from North Line. Source: An unnamed tributary of Little Beaver Creek. Date of initiation of appropriation: November 13, 1998. How appropriation was initiated: By staking the point of diversion and commencing the ditch by bulldozer. Date water applied to beneficial use: Not yet applied. Amount claimed: 0.25 c.f.s. Uses: (See Below). Frontier Ditch Legal description: T1N, R92W, 6th P.M. Sec 31: 1,013 from West Line and Witness Stone, 2,252 from South Line (Baseline). Source: A small unnamed tributary of Little Beaver Creek arising from the Frontier Piggy Back. Date of initiation of appropriation: November 13, 1998. How appropriation was initiated: By staking the point of diversion and commencing the ditch by bulldozer. Date water applied to beneficial use: Not yet applied. Amount claimed: 0.10 c.f.s. Uses: (See Below). Constant Spring Legal description: T1N, R93W, 6th P.M. Section 36: 1,322 feet West of East Line, 1,815 feet North of South Line. Source: An old spring on the north-facing slope of the Frontier formation. Date of initiation of appropriation: From the beginning, Ice Age. How appropriation DECEMBER 1998 RESUME WATER DIVISION 5 Page 48 was initiated: By discovering the spring. Date water applied to beneficial use: From the beginning. Amount claimed: 0.05 c.f.s. Uses for Constant Spring, Meath Ditch and Frontier Ditch: (1) Non-irrigation Uses: Domestic, Livestock, wildlife, fire protection, piscatorial, aesthetic, and if water is produced in sufficient quantities, for filling and refilling of ponds, as well as irrigation. (2) If irrigation uses. Number of acres historically irrigated: None (3) Acres to be irrigated: 5,000 square feet, if water supplies permit, for each dwelling. All structures, without exception, are on lands of the Applicant. (7 pages)
64. 98CW289 PITKIN COUNTY, ALLUVIUM OF CASTLE CREEK, APPLICATION FOR UNDERGROUND WATER RIGHTS. WTS Cabin Partners, Ltd., c/o Patrick & Stowell, P.C.,730 East Durant St., Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST CLAIM. Name of structure: WTS Well No. 1. Legal description of point of diversion: NE ¼ SE ¼, Section 20, Township 11 South, Range 84 East of 6th P.M. 1880 feet from South Section Line and 275 feet from West Section Line in Pitkin County. Source: Alluvium of Castle Creek. Date of Appropriation: December 31, 1987. Date water applied to beneficial use: December 31, 1987. How appropriation was initiated: Drilling of well, connecting it to a single family residence and using the well for domestic uses. Amount claimed: 0.033 cfs (15 gpm), absolute. Uses or proposed uses: Domestic including irrigation and livestock. Legal description and acreage of land to be irrigated: Commutatively with the WTS Well No. 2 up to 9,200 square feet of lawn and garden irrigation within the legal description set forth as an exhibit to the Application. Well Permit No.: The Applicant has undertaken an examination of the records of the Division and Colorado State Engineer’s Office and has been unable to locate a well permit for this well which has been connected to a home and supplied residential water since at least December 31, 1987. The Applicant therefore will secure a well permit subject to the terms of a plan for augmentation filed even date herewith in accordance with C.R.S., §§ 37-90-137 and 37-92-302(2). The name and address of the owner of the land upon which the point of diversion is located is: Applicant; the name and address of the owner of the land upon which the place of use of the water is or will be is: Applicant. Remarks: This well is involved in a plan for augmentation filed even date herewith. SECOND CLAIM. Name of structure: WTS Well No. 2. Legal description of point of diversion: 2140 feet from South Section Line, 210 feet West Section line, Section 20, Township 11 South, Range 84 West of the 6th P.M. in Pitkin County. Source: Alluvium of Castle Creek. Date of Appropriation: December 21, 1998. Date water applied to beneficial use: n/a. How appropriation was initiated: Selection of well site and formulation of drilling of well, connecting it to a single family residence, intent to use the well for the beneficial uses claimed. Amount claimed: 0.033 cfs (15 gpm), conditional. Uses or proposed uses: Domestic including irrigation, and livestock. Legal description and acreage of land to be irrigated: Cumulatively with the WTS Well No. 1 up to 9,200 square feet of lawn and garden irrigation within the legal description set forth as Exhibit “A” to the Application. Well Permit No.: The Applicant has applied for a well permit and will supplement this application. The name and address of the owner of the land upon which the point of diversion is located is: Applicant; the name and address of the owner of the land upon which the place of use of the water is or will be is: Applicant. Remarks: This well is involved in a plan for augmentation filed even date herewith. To the extent WTS Well No. 1 is not utilized exclusively for service of the auxiliary dwelling unit and barn described more fully in the plan for augmentation filed even date herewith, this well is intended to supply those uses. (5 pages)
65. 98CW290 PITKIN COUNTY,CASTLE CREEK ALLUVIUM, APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. WTS Cabin Partners, Ltd., c/o Patrick & Stowell, P.C., 730 East Durant Street, Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structures to be augmented: WTS Well No. 1, and WTS Well No. 2 as applied for even date herewith. Description of water rights to be used for augmentation: A portion of the excess consumptive use credit decreed in Case No. 95CW330 attributable to 0.06 cfs of the Devaney Creek Ditch (former Water District No. 38), Priority No. 758, originally decreed for 6.25 cfs in C.A. No. 5884, Garfield County District Court on November 5, 1971, with an appropriation date of July 1, 1953. Statement of Plan for Augmentation pursuant to C.R.S. §§37-92-103(9), 302(1), and 305(8): In Case No. 95CW330, the Court found that 2.5 acre feet of consumptive use water had historically been credited to the portion of the water right described in paragraph 3, above. In Case No. 95CW330, 2.174 cfs of the 2.5 afcu was committed for augmentation purposes, the remaining 0.326 afcu was deemed in excess of the Applicant’s needs in Case No. 95CW330. Subsequent to the filing of Case No. 95CW330, Applicant learned that there either is no permit for the existing and historical well located on the property owned by Applicant or that no record of a well permit can be found. Accordingly, Applicant seeks to commit the balance of the available consumptive use credit to the augmentation of the WTS Well. The WTS Well No. 1 has been, and will continue to be, used for one single-family residence at an assumed 3.5 persons, using 85 gallons per capita daily delivery. The property uses a non- evapotranspirative septic system which returns approximately 90% of diversions to the alluvium of Castle Creek. Additionally, Applicant may elect to construct 1) An accessary dwelling/caretaker unit (“ADU”) with an assumed population of 2.0 persons using 85 gpcd/delivery and a non-evapotransporative wastewater treatment system; and/or 2) a barn for up to four head of livestock using 12 gpd/head delivery (fully consumptive). The ADU/barn may be supplied water either by the WTS Well No. 1 or the WTS Well No. 2. If either (or both) of the ADU and/or barn are developed, such will reduce the allowable irrigated acreage to that set forth in Table I in the Application. Irrigation of up to 8,250 square feet of drip and sprinkler irrigation will be augmented hereunder. Due to the very high elevation and limited growing season, the irrigation season is assumed to commence May 15 and terminate September 30. The Applicant may elect to secure approval for (and to construct) an employee/caretaker unit (“accessory unit”) and/or barn on the property. In the event the accessory unit is constructed, it will be presumed to have a year round occupancy of 2 persons utilizing 85 gpcd; wastewater from that use will similarly use non- evapotransporative wastewater disposal. If a barn is constructed it will allow for up to four head of livestock utilizing 12 gpcd per head; all livestock usage is considered fully consumptive.To the extent the accessory unit and/or the barn is constructed, it will have the effect of DECEMBER 1998 RESUME WATER DIVISION 5 Page 49
reducing the amount of irrigated lawn under this plan, as set forth in the Application. Prior to constructing either the accessory unit or the barn, notification will be made to the Division Engineer so that this plan may be administered. The WTS Well No. 1 is within the alluvium of Castle Creek less than 100 linear feet from the ordinary high water line of Castle Creek. The property is located on a bench made from alluvial material about 40 feet above the Creek. Additionally, the WTS Well No. 2 has been located at a point where it will also be drilled into the Castle Creek alluvium and will be within 100 linear feet of the ordinary high waterline of the Creek. As such there are no assumed delayed pumping effects to Castle Creek with diversions and depletions coinciding. In Case No. 95CW330, the Devaney Creek Ditch water was either used by direct bypass or the excess consumptive use was stored in the PP, Ltd. and Nos. 2, 3, 5 & 6 and SCM Pond No. 1. By this decree, Applicant shall store all consumptive use water decreed in 95CW330 over the demands expressed in Case No. 95CW330 and this plan for augmentation within the PP, Ltd. Pond Nos. 2, 3, 5 & 6 for release under this plan for augmentation. All pond evaporation in said Ponds was fully augmented in Case No. 95CW330. Applicant will develop an accounting plan satisfactory to the Division Engineer to account for all required releases hereunder. (6 pages)
66. 98CW291 PITKIN COUNTY, WOODY CREEK. APPLICATION FOR STORAGE WATER RIGHTS, APPROVAL OF PLAN FOR AUGMENTATION AND CHANGE OF WATER RIGHTS. The St. Clair Company, LLC, c/o Patrick & Stowell, P.C., 730 East Durant St., Suite 200 Aspen, CO 81611, (970) 920-1028. Part I. Application for Storage Water Rights. First Claim: Name of Reservoir: The Ranch at Woody Creek Pond No. 1. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 1 will be located on Lot 1 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 300 feet South and 1020 feet East of the 9th Section Line and at a midpoint elevation point of 7,406 feet above sea level. Source: Woody Creek (via delivery from Waco Ditch) and intercepted surface water runoff. Date of Appropriation: December 1, 1998. Date water applied to beneficial use: N/A. How appropriation was initiated: Drafting of the Ranch at Woody Creek Conceptual Site Plan, site selection, field investigations and formulation of intent to appropriate water to the beneficial purposes claimed. Amount claimed: 3.28 acre feet conditional, with the right to fill and refill whenever water is physically and legally available. Uses or proposed uses: fire protection, aesthetic, and piscatorial. Maximum height of dam: N/A (excavated). Length of dam: N/A (excavated). Total capacity of reservoir: 3.28 acre feet, and 0.5 surface acres. When water decreed for irrigation purposes is delivered into the pond, that water may be used for irrigation purposes by the pond being utilized as an irrigation control structure. Second Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 2. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 2 will be located on Lot 2 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point of 735 feet South and 1300 feet East of the 9th Section Line and at a midpoint elevation point of 7,376 feet above sea level. Source: Woody Creek (via delivery from Waco Ditch) and intercepted surface water runoff. Third Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 3. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 3 will be located on Lot 3 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 1,560 feet South and 1,620 feet East of the 9th Section line and at a midpoint elevation point of 7,380 feet above sea level. Source: Woody Creek (via deliveries from Waco Ditch) and intercepted surface water runoff. Fourth Claim. Name of reservoir: The Ranch at Woody Creek Pond No. 4. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 4 will be located on Lot 4 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 2,170 feet South and 1,870 feet East of the 9th Section Line and at a midpoint elevation point of 7,378 feet above sea level. Source: Woody Creek (via deliveries from Waco Ditch) and intercepted surface water runoff. Fifth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 5 Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 5 will be located on Lot 5 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 1,620 feet South and 2,620 feet East of the 9th Section Line and at a midpoint elevation point of 7,405 feet above sea level. Source: Woody Creek (via deliveries from the Waco Ditch) and intercepted surface water runoff. Sixth Claim: Name of Reservoir: The Ranch at Woody Creek Pond No. 6. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 6 will be located on Lot 6 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 1,210 feet South and 3,450 feet East of the 9th Section Line and at a midpoint elevation point of 7,347 feet above sea level. Source: Woody Creek (via deliveries from Waco Ditch) and intercepted surface water runoff. Seventh Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 7. Legal description of reservoir dam; The Ranch at Woody Creek Pond No. 7 will be located on Lot 7 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 1,700 feet North and 3,985 feet East of the 9th Section Line and at a midpoint elevation point of 7,334 feet above sea level. Source: Woody Creek (via deliveries from Waco Ditch) and intercepted surface water runoff. Eighth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 8. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 8 will be located on Lot 8 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 1,370 feet North and 1,590 feet East of the 9th Section Line and at a midpoint elevation point of 7,560 feet above sea level. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Ninth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 9. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 9 will be located on Lot 9 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 770 feet North and 1,080 feet East of the 9th Section Line and at a midpoint elevation point of 7,605 feet above sea level. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Tenth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 10. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 10 will be located on Lot 10 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 1,060 DECEMBER 1998 RESUME WATER DIVISION 5 Page 50
feet North and 65 feet East of the 9th Section Line and at a midpoint elevation of 7,625 feet above sea level. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Eleventh Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 11. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 11 will be located on Lot 11 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 3,550 feet South and 80 feet East of the 9th Section Line and at a midpoint elevation point of 7,635 feet above sea level. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Twelfth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 12. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 12 will be lcoated on Lot 12 of the Ranch at Woody Creek in Section 10, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 3,175 feet South and 270 feet West of the 10th Section Line and at a midpoint elevation point of 7,615 feet above sea level. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Thirteenth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 13. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 13 will be located on Lot 13 of the Ranch at Woody Creek in Section 10, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 2,450 feet South and 1,050 feet West of the 10th Section Line and at a midpoint elevation point of 7,624 feet above sea level. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Fourteenth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 14. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 14 will be located on Lot 14 of the Ranch at Woody Creek in Section 10, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 1,710 feet South and 480 feet West of the 10th Section Line and at a midpoint elevation point of 7,576 feet above sea level. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Fifteenth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 15. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 15 will be located on Lot 15 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 300 feet South and 175 feet East of the 9th Section Line and at a midpoint elevation point of 7,490 feet above sea level. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Sixteenth Claim: Name of reservoir: The Ranch at Woody Creek Pond No. 16. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 16 will be located on Lot 16 of the Ranch at Woody Creek in Section 9, T. 9 South, Range 85 West, 6th Principal Meridian, at a point 950 feet South and 2,625 East of the 9th Section Line and at a midpoint elevation point of 7,376 feet above sea level. Source: Woody Creek (via deliveries from Waco Ditch) and intercepted surface water runoff. Part II. Plan for Augmentation and Change of Water Rights. Name of structures to be augmented: The Ranch at Woody Creek Pond Nos. 1 - 16. Description of water rights to be used for augmentation: Waco Ditch - water rights diverting from Woody Creek: All water rights in the Salvation Ditch were originally appropriated by the Salvation Ditch Company, a non-profit mutual ditch company that filed its Articles of Incorporation with the Colorado Secretary of State on November 28, 1959 at Book 587, and Page 103. The Salvation Ditch Company has issued share certificates to its shareholders, which entitle the shareholders to use the co-mingled Salvation Ditch water rights in proportion to their share ownership interest. Out of the 12,000 shares issued by the Salvation Ditch Company, the Applicant is the owner of 1,370 shares. In other words, of the 58.0 cfs of direct flow rights adjudicated to the Salvation Ditch, the Applicant’s shares represent approximately 11.4% of all priorities. Of this percentage amount, only 5% of the 11.4 % (or 68 shares) representing 0.33 cfs of the rights decreed to the Salvation Ditch described above, which is owned through share ownership and controlled by the Applicant) is involved in this plan for augmentation and change proceeding. Statement of Plan for Augmentation pursuant to C.R.S. 37-92-103(9), 302(1), and 305(8): Applicant is the owner and developer of The Ranch at Woody Creek generally located within the property set forth as Exhibit “A” to the Application. The subject property is located just north of the town of Woody Creek, Colorado. The development will consist of 16 residential lots of approximately 35 acres each. It is anticipated that each of the sixteen lots within the Ranch at Woody Creek will have a separate pond that will be used as irrigation structures to be filled by the Waco and Salvation Ditches. The proposed locations for these ponds are as set forth in Part I hereof. The portion of property from the Ranch at Woody Creek which is the subject of this application includes approximately 595 acres, of which approximately 375.1 acres have historically been and are now under irrigation. Although operation of the Ranch at Woody Creek Ponds will increase consumptive use due to evaporative loss from the Ponds, historic use credits will also accumulate from the areas to be removed from historic irrigation from the construction of roadways, building footprints, patios, sidewalks, pond footprints and garage areas. Tables III and IV indicate how the historic use credits were derived by detailing the areas to be removed from historic irrigation from the Lower and Upper Benches. Estimated evaporative losses and offsetting consumptive use credits for the Ranch at Woody Creek Ponds are provided for the Lower Bench in Table V and the Upper Bench in Table VI of the Application. As is detailed in Tables V and VI, annual depletions are calculated to be 6.164 acre feet per year from the Lower Bench (Waco Ditch) and 8.217 acre feet per year from the Upper Bench (Salvation Ditch) for a total of 14.381 acre feet. However, historic use credits derived from areas removed from irrigation total 12.496 acre feet per year for the Lower Bench and 13.560 acre feet per year for the Upper Bench, for a total of 26.056 acre feet annually. Therefore, there shall be an average net credit of 11.675 acre feet annually, when evaporative losses from the ponds are compared to historic use credits from land which will no longer be irrigated. This net credit will be available for the irrigation of a corresponding amount of land that has previously not been irrigated (replacement acreage) as follows: 4.47 additional acres (served by this 6.332 af excess consumptive use) under the Waco Ditch and 3.67 additional acres (served by the 5.343 af excess consumptive use) under the Salvation Ditch. Applicant proposes to account and report to the Division Engineer on an annual basis the acreage removed from irrigation the ponds built, and the replacement irrigation, if any. CHANGE OF WATER RIGHT: Applicant requests the Court approve the change in the use of the water rights described as being involved in this plan for augmentation (5% of the amounts described in Table I, Column 3 and 68 shares or 0.57% of each water right decreed to the Salvation Ditch) to irrigation and augmentation. (20 pages) DECEMBER 1998 RESUME WATER DIVISION 5 Page 51
67. 98CW292 GRAND COUNTY, APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROPRIATIVE RIGHTS OF EXCHANGE, Sylvan Land & Water, L.L.C., c/o Mike Miniat, 1330 County Road 315, Parshall, Colorado 80468 (Lee H. Johnson, Elizabeth Pollock, Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203-4539, (303) 861- 9000). Application for water rights of Sylvan Land & Water, L.L.C. 2. Decreed name of structures for which change is sought: A. Sylvan Ditch B. Sylvan Reservoir 3. From previous decree: A. Sylvan Ditch 1. Decreed Amounts Amount Approp. Date District Case c.f.s Date Entered Court No. ______76.81 11/3/1907 8/3/1911 Grand 183 (absolute) County
2. Decreed Point of Diversion: West Bank of the Little Muddy Creek at a point whence the Southeast Corner of Section 11, Township 1 South, Range 78 West bears south 27°33" East 859 feet. 3. Source: Little Muddy Creek (Little Muddy River). 4. Historical Use: Irrigation. B. Sylvan Reservoir 1. Decreed Amounts Amount Approp. Date District Case a.f. Date Entered Court No. ______2267.50 11/3/1907 8/3/1911 Grand 183 (conditional) County 1133.75 11/3/1907 8/31/1979 Div. 5 W-676 (absolute) 2. Decreed Location: Located in the S1/2 of Section 4 and in the N1/2 of Section 9, Township 1 South, Range 78 West. 3. Source: Little Muddy Creek (Little Muddy River). 4. Historical Use: Irrigation 4. Proposed Change: A. By this application, Sylvan Land & Water, L.L.C. (“SLW”) seeks to change the use of the water rights identified above in paragraphs 3(A) and 3(B) (the "Subject Water Rights") to include augmentation, replacement and exchange in addition to the previously decreed use of irrigation. SLW seeks to use the Subject Water Rights as a source of augmentation, replacement and exchange so as to maintain irrigation on certain historically irrigated lands located in the Skylark Creek, Battle Creek and Mule Creek basins, tributary to the Williams Fork River (the “Historically Irrigated Lands”). Certain senior water rights historically utilized on the Historically Irrigated Lands are the subject of a pending application by Climax Molybdenum Company in Case No. 96CW368 seeking to remove said senior water rights from future irrigation of the Historically Irrigated Lands. This application does not involve any of the water rights that are the subject of Case No. 96CW368. Rather, by this application, SLW intends to obtain a decree for an appropriative right of substitution and exchange that will help maintain a reliable water supply for continued irrigation of the Historically Irrigated Lands in the future. B. In order to prevent injury, SLW will replace return flows generated by the historical use of the Subject Water Rights (the “required return obligation”). To the extent possible, SLW will obtain a credit against any required return obligation to the extent that the new uses by exchange on the Historically Irrigated Lands generate return flows that satisfy the required return obligation for the Subject Water Rights. Water derived from the exercise of the Subject Water Rights upon which any required return obligation has been satisfied will thereafter be fully consumable by SLW, and may be used, reused, and successively used to extinction for any and all of the requested beneficial uses and any other lawful use and disposition of such water. 5. Appropriative Rights of Exchange: This application also seeks to adjudicate the following appropriative rights of exchange pursuant to § 37-80-120, § 37-83-104 and § 37-92-302(1)(a), C.R.S. A. Sylvan Ditch Exchange: 1. In substitution for releases of water attributable to SLW's interest in the Subject Water Rights at the original point of diversion of the Sylvan Ditch or to unnamed tributaries to the Williams Fork River located as described in paragraph 5(B)(2) below, water shall be diverted from the Williams Fork River and/or its tributaries including Skylark Creek, Battle Creek, and Mule Creek by exchange at the following structures: a. Skylark Creek: i. The headgate of the F.A. Field Ditch located on the west bank of Skylark Creek at a point whence the SW corner, Sec. 31, T1S, R78W, 6th PM, bears S 16°30' W 1,237.5 ft. ii. The headgate of the McCandliss Feeder Ditch located on the east bank of Skylark Creek at a point whence the SW corner of Sec. 31, T1S, R78W, 6th PM bears S 74°29' W 93.4 ft. iii. The headgate of the North Skylark Ditch located on the left bank of North Skylark Creek at a point whence the NE corner, Sec. 1, T2S, R79W, 6th PM, bears N 54°25' E 3,053 ft. iv. The headgate of the South Skylark Ditch located on the right or east bank of South Skylark Creek at a point whence the NE corner, Sec. 1, T2S, R79W, 6th PM, bears N 29°45' E 2,066 ft. v. McCandliss Reservoir and Outlet Ditch located in Section 6, Township 2 South, Range 78 West of the 6th P.M. b. Battle Creek: i. The headgate of the Langholen #1 Ditch located on the North bank of Battle Creek at a point whence the quarter corner between Sec. 26 and Sec. 27, T1S,
1. 62.5 c.f.s. once Sylvan Reservoir is filled. DECEMBER 1998 RESUME WATER DIVISION 5 Page 52
R79W, 6th PM, bears S 1°15' W 280 ft. ii. The headgate of the Langholen #2 Ditch located on the south bank of Battle Creek at a point whence the quarter corner between Sec. 26 and Sec. 27, T1S, R79W, 6th PM, bears N 19° W 205 ft. iii. The headgate of the Langholen #3 Ditch located on the north bank of Battle Creek at a point whence the quarter corner between Sec. 26 and Sec. 27, T1S, R79W, 6th PM, bears S 74°40' W 2,217 ft. iv. The headgate of the Langholen #4 Ditch located on the west bank of Battle Creek at a point whence the quarter corner between Sec. 25 and Sec. 26, T1S, R79W, 6th PM, bears S 74°30' W 645 ft. v. The headgate of the Shore #1 Ditch located on the left bank of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 78°15' E 4,143 ft. vi. The headgate of the Shore #2 and #3 Ditch located on the right bank of north fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 70°30' E 2,213 ft. vii. The headgate of the Buehler #1 Ditch located on the north bank of the middle fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 48°12' E 3,093 ft. viii. The headgate of the Buehler #2 Ditch located on the east bank of the south branch of the middle fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 44°45' E 3,801 ft. ix. The headgate of the Buehler #3 Ditch located on the west bank of the south branch of the middle fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 35°27' E 4,850 ft. x. The headgate of the Buehler #4 Ditch located on the south bank of the middle fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 46°50' E 5,051 ft. xi. Miniat Reservoir No. 1 located in the N½N½ of Section 34, T1S, R79W, 6th PM. c. Mule Creek: i. The headgate of the B.W. Field Mule Creek No. 1 Ditch located on the west bank of the west fork of Mule Creek at a point whence the NW corner, Sec. 8, T2S, R78W, 6th PM, bears N 12°50' E 2,770 ft. ii. The headgate of the John Shore #1 Ditch located on the north bank of Mule Creek at a point whence the SE corner of the NE1/4 of Sec. 32, T1S, R78W, 6th PM, bears S 25° E 2,200 ft. iii. The headgate of the Burtcher Ditch located on the west bank of Mule Creek at a point whence the SW corner, Sec. 32, T1S, R78W, 6th PM, bears N 65° W 1,950 ft. 2. The point of substitution of water will be on Little Muddy Creek at the headgate of the Sylvan Ditch located as described in paragraph 3(A)(2), above, or on the Williams Fork River at points as described in paragraph 5(B)(2). The reach of the stream system over which this exchange will operate includes Little Muddy Creek from the current point of diversion downstream to the confluence of Little Muddy Creek and the Colorado River, then downstream on the Colorado River to its confluence with the Williams Fork River, thence upstream on the Williams Fork River and its tributaries to headwaters of Skylark Creek, Battle Creek, and Mule Creek, all tributaries of the Williams Fork River, including, but not limited to the points of diversion identified in paragraph 5(A)(1) above. 3. Amount Claimed: 76.8 c.f.s., conditional. 4. Appropriation Date: October 16, 1998. 5. Use of exchange water: All beneficial uses, including, but not limited to, irrigation, augmentation, replacement, exchange, domestic, recreation, fish and wildlife, piscatorial and storage for any such beneficial uses . B. Sylvan Reservoir Exchange: 1. In substitution for releases of water stored in Sylvan Reservoir attributable to SLW's interest in the Subject Water Rights to either Little Muddy Creek or the Williams Fork River, water shall be diverted from the Williams Fork River and/or its tributaries by exchange at the following structures: a. Skylark Creek: i.The headgate of the F.A. Field Ditch located as described in paragraph 5(A)(1)(a)(i), above. ii. The headgate of the McCandliss Feeder Ditch located as described in paragraph 5(A)(1)(a)(ii), above. iii. The headgate of the North Skylark Ditch located as described in paragraph 5(A)(1)(a)(iii), above. iv. The headgate of the South Skylark Ditch located as described in paragraph 5(A)(1)(a)(iv), above. v. Candliss Reservoir and Outlet Ditch located as described in paragraph 5(A)(1)(a)(v), above. b. Battle Creek: i. The headgate of the Langholen #1 Ditch located as described in paragraph 5(A)(1)(b)(i), above. ii. The headgate of the Langholen #2 Ditch located as described in paragraph 5(A)(1)(b)(ii), above. iii. The headgate of the Langholen #3 Ditch located as described in paragraph 5(A)(1)(b)(iii), above. iv. The headgate of the Langholen #4 Ditch located as described in paragraph 5(A)(1)(b)(iv), above. v. The headgate of the Shore #1 Ditch located as described in paragraph 5(A)(1)(b)(v), above. vi. The headgate of the Shore #2 and #3 Ditch located as described in paragraph 5(A)(1)(b)(vi), above. vii. The headgate of the Buehler #1 Ditch located as described in paragraph 5(A)(1)(b)(vii), above. viii. The headgate of the Buehler #2 Ditch located as described in paragraph 5(A)(1)(b)(viii), above. ix. The headgate of the Buehler #3 Ditch located as described in paragraph 5(A)(1)(b)(ix), above. x. The headgate of the Buehler #4 Ditch located as described in paragraph 5(A)(1)(b)(x), above. xi. Miniat Reservoir No. 1 located as described in paragraph 5(A)(1)(b)(xi), above. c. Mule Creek: i. The headgate of the B.W. Field Mule Creek No. 1 Ditch located as described in paragraph 5(A)(1)(c)(i), above. ii. The headgate of the John Shore #1 Ditch located as described in paragraph 5(A)(1)(c)(ii), above. iii. The headgate of the Burtcher Ditch located as described in paragraph 5(A)(1)(c)(iii), above. 2. Point of substitution to the Williams Fork River will be from the Sylvan Carriage Ditch through one or more unnamed tributaries discharging into the Williams Fork River in the river reach between Section 17, Township 1 South, Range 78 West, 6th P.M. and extending downstream to Section 1, Township 1 South, Range 79 West, 6th P.M. 3. Amount Claimed: 50 c.f.s., conditional. 4. Appropriation Date: October 16, 1998. 5. Use of exchanged water: All beneficial uses including but not limited to irrigation, augmentation, replacement, exchange, domestic, recreation, fish and wildlife, piscatorial and storage for any such beneficial uses . 6. Remarks: A. All water delivered to SLW upon which any required return obligations have been paid will be fully consumable and may be used, reused, and successively used to extinction for any and all beneficial purposes identified above, and any other lawful use and disposition of such water. B. Upon information and belief, the names and addresses of owners of land on which structures are located are as follows: Williams Peak Ranch Company, c/o Mr. Mike Miniat, 1330 County Road 315, Parshall, Colorado 80468; Sylvan Land & Water, L.L.C., c/o Mr. Mike Miniat, 1330 County Road 315, Parshall, Colorado 80468; John Tudor Jones, Grand County, Colorado; Bureau of Land Management; United States Forest Service; United States of America. Accordingly, Sylvan Land & Water, L.L.C. seeks a decree of this Court: (1) Granting a change of water right for the Subject Water Rights requested in this application; (2) Confirming the appropriative rights of exchange as requested in this application. (13 pages) DECEMBER 1998 RESUME WATER DIVISION 5 Page 53
68. 98CW293 GRAND COUNTY, APPLICATION FOR CONDITIONAL DIRECT FLOW AND STORAGE WATER RIGHTS, Sylvan Land & Water, L.L.C., c/o Mike Miniat, 1330 County Road 315, Parshall, Colorado 80468 (Lee H. Johnson, Elizabeth Pollock, Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203-4539, (303) 861-9000). Application for Water Rights of Sylvan Land & Water, L.L.C. 2. Name of Water Rights: A. Skylark Creek Direct Flow Water Right: B. Skylark Creek Storage Flow Water Right: C. Battle Creek Direct Flow Water Right: D. Battle Creek Storage Water Right: E. Mule Creek Direct Flow Water Right: 3. Legal Description of Points of Diversion: A. Skylark Creek Direct Flow Water Right: 1. The headgate of the F.A. Field Ditch located on the west bank of Skylark Creek at a point whence the SW corner, Sec. 31, T1S, R78W, 6th PM, bears S 16°30' W 1,237.5 ft. 2. The headgate of the McCandliss Feeder Ditch located on the east bank of Skylark Creek at a point whence the SW corner of Sec. 31, T1S, R78W, 6th PM bears S 74°29' W 93.4 ft. 3. The headgate of the North Skylark Ditch located on the left bank of North Skylark Creek at a point whence the NE corner, Sec. 1, T2S, R79W, 6th PM, bears N 54°25' E 3,053 ft. 4. The headgate of the South Skylark Ditch located on the right or east bank of South Skylark Creek at a point whence the NE corner, Sec. 1, T2S, R79W, 6th PM, bears N 29°45' E 2,066 ft. B. Skylark Creek Storage Water Right: 1. McCandliss Reservoir and Outlet Ditch located in Section 6, Township 2 South, Range 78 West of the 6th P.M. C. Battle Creek Direct Flow Water Right: 1. The headgate of the Langholen #1 Ditch located on the north bank of Battle Creek at a point whence the quarter corner between Sec. 26 and Sec. 27, T1S, R79W, 6th PM, bears S 1°15' W 280 ft. 2. The headgate of the Langholen #2 Ditch located on the south bank of Battle Creek at a point whence the quarter corner between Sec. 26 and Sec. 27, T1S, R79W, 6th PM, bears N 19° W 205 ft. 3. The headgate of the Langholen #3 Ditch located on the north bank of Battle Creek at a point whence the quarter corner between Sec. 26 and Sec. 27, T1S, R79W, 6th PM, bears S 74°40' W 2,217 ft. 4. The headgate of the Langholen #4 Ditch located on the west bank of Battle Creek at a point whence the quarter corner between Sec. 25 and Sec. 26, T1S, R79W, 6th PM, bears S 74°30' W 645 ft. 5. The headgate of the Shore #1 Ditch located on the left bank of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 78°15' E 4,143 ft. 6. The headgate of the Shore #2 and #3 Ditch located on the right bank of north fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 70°30' E 2,213 ft. 7. The headgate of the Buehler #1 Ditch located on the north bank of the middle fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 48°12' E 3,093 ft. 8. The headgate of the Buehler #2 Ditch located on the east bank of the south branch of the middle fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 44°45' E 3,801 ft. 9. The headgate of the Buehler #3 Ditch located on the west bank of the south branch of the middle fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 35°27' E 4,850 ft. 10. The headgate of the Buehler #4 Ditch located on the south bank of the middle fork of Battle Creek at a point whence the E quarter corner of Sec. 27, T1S, R79W, 6th PM, bears N 46°50' E 5,051 ft. D. Battle Creek Storage Water Right: 1. Miniat Reservoir No. 1 located in the N½N½ of Section 34, T1S, R79W, 6th PM. E. Mule Creek Direct Flow Water Right: 1. The headgate of the B.W. Field Mule Creek No. 1 Ditch located on the west bank of the west fork of Mule Creek at a point whence the NW corner, Sec. 8, T2S, R78W, 6th PM, bears N 12°50' E 2,770 ft. 2. The headgate of the John Shore #1 Ditch located on the north bank of Mule Creek at a point whence the SE corner of the NE1/4 of Sec. 32, T1S, R78W, 6th PM, bears S 25° E 2,200 ft. 3. The headgate of the Burtcher Ditch located on the west bank of Mule Creek at a point whence the SW corner, Sec. 32, T1S, R78W, 6th PM, bears N 65° W 1,950 ft. 4. Source of Water: Skylark Creek, Battle Creek, and Mule Creek all tributary to the Williams Fork River. 5. A. Date of Appropriation: October 16, 1998. B. How Appropriation was Initiated: By the formation of the intent to appropriate water and the performance of overt acts sufficient to manifest the requisite intent as of the date identified above. 6. Amount Claimed: A. Skylark Creek Direct Flow Water Right: 10 c.f.s., conditional B. Skylark Creek Storage Water Right: 25 acre feet storage, conditional C. Battle Creek Direct Flow Water Right: 11 c.f.s., conditional D. Battle Creek Storage Water Right: 5 acre feet storage, conditional E. Mule Creek Direct Flow Water Right: 11 c.f.s., conditional 7. Use or Proposed Use: All beneficial uses including, but not limited to, irrigation, domestic, recreation, fish and wildlife, augmentation, replacement and exchange and storage for the purposes identified herein. To the extent used for irrigation, Applicant intends to use the conditional water rights to irrigate lands formerly serviced by the ditches identified above. 8. Name and Address of Owner of Land on which points of diversion and place of use are located: Williams Peak Ranch Company, c/o Mike Miniat, 1330 County Road 315, Parshall, Colorado, United States of America 9. Remarks: A. The appropriations contemplated herein are intended to replace senior irrigation water rights that are the subject of a pending change of water rights application by Climax Molybdenum Company in Case No 96CW368 seeking to remove the water rights from the historically irrigated lands. The water rights appropriated herein will be used to provide a junior source of water to the formerly irrigated lands. B. The water diverted pursuant to the Subject Water Rights will be fully consumable and may be used, reused and successively used to extinction for the beneficial uses identified herein. C. The Subject Water Rights may be diverted at any combination of the points of diversion identified in paragraph 3, above, so long as the total diversions do not exceed the appropriated amount for the particular water right. (6 pages)
69. 98CW294 PITKIN COUNTY, PARADISE DITCH - DIVERTING FROM WOOD CREEK, APPLICATION FOR APPROVAL PLAN FOR AUGMENTATION AND CHANGES OF WATER RIGHTS. Flying Elk Ranch, Inc., c/o Patrick & Stowell, P.C., 730 East Durant St., Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST CLAIM (Plan for Augmentation). Name of structures to be augmented: Flying Elk Pond Nos. 1 - 4. Flying Elk Ditch & Pipeline. Description of water rights to be used for DECEMBER 1998 RESUME WATER DIVISION 5 Page 54
augmentation: Paradise Ditch – water rights diverting from Woody Creek: See Table attached to Application. Of the amount owned, the only amounts sought to be changed herein and which are involved and subjected to this plan for augmentation is an undivided 7.13% of the “Amount Owned” column, corresponding to the amount of water used to historically irrigate the land removed from irrigation under this plan for augmentation. Statement of Plan for Augmentation pursuant to C.R.S. 37-92-103(9), 302(1), and 305(8): Applicant is the owner and developer of the Flying Elk Ranch, Inc., generally located within the property set forth as Exhibit “A” attached hereto. The subject property, formally known as the Stanley Natal Ranch, is located east of the town of Woody Creek, Colorado. The development will consist of four residential lots or tracts in excess of 35 acres each. It is anticipated that each of the 4 lots within the Ranch at Woody Creek will have a separate pond that will be used as irrigation control and aesthetic structure to be filled by the Paradise and/or Collins Creek Extension Ditches. The proposed locations for these ponds are as follows: Flying Elk Pond No. 1. The Flying Elk Pond No. 1 will be located in the NE¼ SE¼ of Section 23, Township 9 South, Range 85 West, 6th P.M. at a point 2,440 feet from the South line and 600 feet from the East line of said Section 23. Flying Elk Pond No. 2. The Flying Elk Pond No. 2 will be located in the NE¼ SE¼ of Section 23, Township 9 South, Range 85 West, 6th P.M. at a point 1,950 feet from the South line and 500 feet from the East line of said Section 23. Flying Elk Pond No. 3. The Flying Elk Pond No. 3 will be located in the NW¼ SE¼ of Section 23, Township 9 South, Range 85 West, 6th P.M. at a point 1,400 feet from the South line and 1,800 feet from the East line of said Section 23. Flying Elk Pond No. 4. The Flying Elk Pond No. 4 will be located in the NW¼ SE¼ of Section 23, Township 9 South, Range 85 West, 6th P.M. at a point 2,200 feet from the South line and 1,900 feet from the East line of said Section 23. The Flying Elk Ranch consists of approximately 233 acres, of which approximately 58.2 acres are now under irrigation. Although operation of the Simon Ponds will increase consumptive use due to evaporative loss from the Ponds, historic use credits will also accumulate from the areas to be removed from historic irrigation from the construction of roadways, building footprints, patios, sidewalks, pond footprints and garage areas. Estimated evaporative losses and offsetting consumptive use credits for the Flying Elk Ponds are provided in Table 1 of the Application. SECOND CLAIM (Change of Water Right). Applicant requests that the Court approve the change in the use of the water rights described as being involved in this plan for augmentation (footnotes to Paragraph 3 A & B) for augmentation of the Flying Elk Pond Nos. 1-4. An Application for Storage Water Rights for the Flying Elk Pond Nos. 1-4 was applied for even date herewith. THIRD CLAIM (Change of Water Right). Applicant seeks to change the location of the point of diversion and place of use for the following water rights diverting from Woody Creek: 0.126 cfs of the 0.28 cfs decreed for irrigation uses to the Natal Ditch Priority No. 398 on 8/25/1936 in Case No. 3082, with an appropriation date of 6/01/1915; and 0.284 cfs of the 0.63 cfs decreed for irrigation uses to the Natal Ditch Priority No. 4031 on 8/25/1936 in Case No. 3082, with an appropriation date of 6/01/1916. Applicant seeks to change the point of diversion and place of use for the above-described 0.41 cfs: The Natal FE Ditch is located in the NW 1/4 SW 1/4, Section 24, Township 9 South, Range 85 West, 6th P.M., at a point 1,950 feet from the South line and 950 feet from the West line of said Section 24. The effect of this change claim is to confirm historic practice. No additional, or different, acreage will be irrigated. (7 pages)
70. 98CW295 PITKIN COUNTY, ROARING FORK RIVER, APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. Robert and Donna Harper, c/o Patrick & Stowell, P.C., 730 East Durant Street, Suite 200, Aspen, CO 81611,(970) 920-1028. Name of structures to be augmented: Lazy Brooks Pipeline, decreed in Case No. 92CW322 and Harper Pond, applied even date herewith in Case No. 98CW___, located in the NE1/4 SW1/4, Section 25, Township 8 South, Range 86 West, 6th P.M. Description of water rights to be used for augmentation: Applicants already hold an Allotment Contract from the Basalt Water Conservancy District, which was decreed in the plan for augmentation decreed in Case No. 92CW323 for the Lazy Brooks Pond on the lower parcel of applicants’ property. Consistent with that plan, applicants have applied with the Basalt Water Conservancy District for an additional 0.321 acre-feet of water in storage in Ruedi Reservoir for the benefit of the Basalt Water Conservancy District. Ruedi Reservoir, a component of the Fryingpan-Arkansas Project was originally decreed in C.A. No. 4613, Garfield County District Court, on June 20, 1958, with a date of appropriation of July 29, 1957; subsequently in Case No. W-789-76 the decreed storage capacity for this Reservoir was reduced to 102,369 af. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project, originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389) as amended by the Act of October 27, 1974 (88 Stat. 1486) and the Act of November 3, 1978 (92 Stat. 2492), in substantial accordance with House Doc. No. 187 83rd Cong., 1st Sess., as modified by House Doc. 353, 86th Cong., 2nd Sess., and is subject to the Operating Principles for the Fryingpan-Arkansas project as set forth in House Doc 130, 87th Cong., 1st Sess. The federal reservoir is operated by the U.S. Bureau of Reclamation which has contracted for an allotment of water to the Basalt Water Conservancy District. Statement of Plan for Augmentation pursuant to C.R.S. §§ 37-92-103(9), 302(1), and 305(8): Applicant is the owner of Lot 2, LuLu Subdivision, of Pitkin County, (Tracts 69, 70 and 72, Section 25, Township 8 South, Range 86 West of the 6th P.M.) through which the Roaring Fork traverses just upstream from the confluence of the Roaring Fork and Fryingpan Rivers. This application is designed to provide a year round legal water supply for the seasonal augmentation of an aesthetic pond and water amenity, which will include uses for irrigation, aesthetics, fish propagation and recreation. Accordingly, by this Application, the Applicant seeks to augment out-of-priority evaporation from the Harper Pond. Consistent with the Decree in Case No. 92CW323, the Lazy Brooks Pipeline will fill the Harper Pond and provide flow through requirements for the Harper Pond. Irrigation use will only be made during periods when the Lazy Brooks Pipeline is in priority under its own water right. The Harper Pond is approximately 0.17 acres in surface area and the annual evaporation has been computed at 0.305 acre-feet as shown in Table I below. Water will be pumped from the Roaring Fork River to and through the Lazy Brooks Pond as necessary to maintain its fill with all stream depletions being accounted for and augmented hereunder. At times when the Lazy Brooks Pipeline is out of priority, water will be released from Ruedi Reservoir to match the DECEMBER 1998 RESUME WATER DIVISION 5 Page 55 out of priority depletion set forth in the above Table 1 of the Application. The exchange represented hereunder is 0.001 cfs for the stream segment below the Lazy Brooks Pipeline point of diversion and the confluence of the Frying Pan and Roaring Fork Rivers (amounts exchanged by virtue of Case No. 92CW323 and this case). The date of appropriation for said exchange is October 1, 1998. (4 pages)
71. 98CW296 BLUE RIVER SUMMIT COUNTY Application for Change of Water Rights and Plan for Augmentation Frederick A. Fendel,III, Petrock & Fendel, P.C., 1630 Welton Street, Suite 200, Denver, Colorado 80202 (303) 534-0702, Attorney for Applicant. 1.Applicants: Farmer’s Korner, Inc. P.O. Box 1005 Frisco, Colorado 80443 (970) 453-9572 Richard and Sheila Henrickson 14774 Highway 9 Breckenridge, CO 80424 (970) 453-1732 2.Existing Plan for Augmentation: Farmer’s Korner obtained approval in Case No. 93CW241(A) of an augmentation plan authorizing use of three wells for a central water supply for in-house use only in Highland Meadows, a 32-home residential subdivision. 3.Summary of Changes and Additional Uses: By this application, applicants seek to use water from the three wells for additional uses, including irrigation and other outdoor use in Highland Meadows, and commercial uses, including irrigation, in a 6-lot subdivision known as Alpensee 3. Applicants will also augment domestic use, including irrigation, from an existing well serving the Henrickson residence. Storage of augmentation water will be in the Henrickson Pond. The Henrickson Pond will be an alternate place of storage for augmentation water to meet certain requirements imposed in 93CW241(A). 4.Highland Meadows and Alpensee 3 are subdivisions owned by Farmers Korner located in E1/2, Sec. 1, T6S, R77W, 6th P.M., Summit County. The Henrickson property is a 14 acre pre-1972 parcel located in Sec. 7, T6S, R77W, 6th P.M., Summit County described in detail in Exhibit A. AUGMENTATION PLAN/AMENDMENT TO EXISTING AUGMENTATION PLAN 5.Structures to be Augmented: 5.1Farmer’s Korners wells 1 through 3, located in the SE¼SW¼, Sec.31, T5S, R77W, 6th P.M. Summit County. These are the wells subject to 93CW241(A).5.2 Henrickson Well, Permit No. 155958, located in the SW¼NE¼, Sec. 7, T6S,R77W, 6th P.M., Summit County, 1725 feet from the north section line, 1900 feet from the east section line. 6.Uses and Estimated Consumptive Use: 6.1Farmers Korners Wells:In addition to the currently authorized in-house residential use in Highland Meadows: 6.1.1 Areas disturbed during construction will be revegetated with native or xeriscape plants. Temporary irrigation for establishment of revegetation will be required. Temporary irrigation will include common subdivision elements such as road cuts and utilities, plus areas on each lot disturbed in construction of individual homes. Augmentation water will be dedicated to this plan for temporary irrigation. Upon completion of revegetation, augmentation water not needed for permanent uses will be withdrawn from this plan and made available for other uses without further notice. 6.1.2 Permanent irrigation of 1000 sq. ft. of landscaping and gardens per home and other domestic outdoor uses. 6.1.3 Commercial use, including revegetation and permanent irrigation of up to 0.6 acre in Alpensee 3. 6.2 Henrickson Well: Domestic use, including stockwatering and irrigation of up to 3 acres on the Henrickson property. 6.3 Estimated Consumptive Use: approximately 6 af/yr. This estimate may be revised up or down as plans develop further or the analysis is refined, without additional notice. 7.Amounts: 7.1 Farmers Korners Wells: 100 gpm each. 7.2 Henrickson Well:15gpm. 8.Return Flow/Wastewater Treatment:8.1 Wastewater from Alpensee 3 will be treated by the Breckenridge Sanitation District. 8.2 Wastewater from the Henrickson residence is treated by a septic tank/leach field system. 9.Source of Augmentation Water: Farmers Korner owns a portion of 40 a.f. of consumptive use water decreed in Case No. W-3442 from the Blue Danube Ditch No. 2, Priority date, June 20, 1919, originally adjudicated January 9, 1930, Summit County District Court. 9.1 Point of diversion: The Blue Danube Ditch No. 2 diverts from the left bank of the Blue River at a point whence the Southeast corner of Sec. 6, T5S, R77W, 6th P.M. bears 31° 10' West, 2350 feet. 9.2 Source:Blue River and its tributaries.9.3Uses:Domestic, municipal, industrial, commercial, recreational purposes including fishery and wildlife, manufacturing, mechanical, fire protection, and the maintenance of adequate system storage reserves. 10.Storage: Augmentation water will be stored, if necessary, in the Henrickson Pond, described as follows: 10.1 Location: NW¼NE¼, Sec. 7, T6S,R77W, 6th P.M. The center of the pond is approximately 700 feet from the north section line and 2450 feet from the east section line.10.2 Points of Diversion: Headgate of the Blue Danube Ditch No. 2, and the pond itself.10.3 Capacity:Current capacity is approximately 0.21 a.f. Applicants may enlarge the pond to an undetermined extent. 10.4 Source:Blue River and its tributaries, seepage and runoff from adjacent land, and springs located in the NW¼NE¼, Sec. 7, T6S, R77W, 6th P.M. Water from the Blue Danube Ditch No. 2 will be stored either by pumping into the pond or by exchange. 11.Amendment to CWCB Condition: In 93CW241(A), Farmers Korner stipulated with the Colorado Water Conservation Board to release water from the Farmers Korner wells to the Blue River at certain times to prevent injury to the CWCB’s instream flow right. Farmers Korner proposes to amend its plan in 93CW241(A) by adding Blue Danube Ditch No. 2 water stored in the Henrickson Pond as an alternate source of augmentation water to meet this requirement. CHANGE OF WATER RIGHTS 12.Right to be changed: Blue Danube Ditch No. 2 as described in paragraph 9. 13.Change (to extent not already covered by W-3442): Storage in the Henrickson Pond, described in paragraph 10 for augmentation uses including use in the augmentation plan described above, subject to applicable conditions from W-3442. 14.Owners of Land on which structures are located: All structures are on land owned by Applicants. DECEMBER 1998 RESUME WATER DIVISION 5 Page 56
15.Attachments: The following additional information is filed herewith and is available from the Water Clerk or from Applicants: 15.1 Description of Henrickson property. 15.2 Vicinity Map WHEREFORE, Applicants request a decree approving the above augmentation plan and amendment to augmentation plan and change of water rights and for such other and further relief as may be appropriate or desirable. (7 pages)
72. 98CW297 Summit County; Carwood Ditch. Brownell M. Bailey, c/o Mark J. Wagner, Esq., Hill & Robbins, P.C., 1441 Eighteenth Street, Suite 100, Denver, CO 80202. Application for Change of Water Right and Exchange. From Previous Decrees: Carwood Ditch Water Right - District Priority No. 78 - Decreed: March 2, 1910, in Civil Action No. 1277 in former Water District 36. Decreed Point of Diversion: A point on the west side of Miners Creek, a/k/a Jug Creek, in the SE/4SW/4 of Section 35, Township 5 South, Range 78 West, 6th P.M., Summit County, Colorado. See map attached as Exhibit A. Source: Miners Creek, a/k/a Jug Creek, a tributary of the Blue River. Appropriation Date and Amount: April 23, 1891, for 2.0 c.f.s. Historic Use: Irrigation. The Applicant will rely on the Water Commissioner’s diversion records for 1966 through 1972. Carwood Ditch Water Right - District Priority No. 71 - Decreed: October 26, 1937, in Civil Action No. 1709 in former Water District 36. Decreed Point of Diversion: On the west side of Miners Creek, a/k/a Jug Creek, at a point where the south quarter corner of Section 35, Township 5 South, Range 78 West, 6th P.M. bears north 76°46' west a distance of 1,456 feet. See map attached as Exhibit A. Source: Miners Creek, a/k/a Jug Creek, a tributary of the Blue River. Appropriation Date and Amount: April 25, 1891, for 1.0 c.f.s. Historic Use: Domestic. The Applicant will rely on the Water Commissioner’s diversion records for 1966 through 1973. Carwood Ditch Water Right - District Priority No. 225 - Decreed: October 26, 1937, in Civil Action No. 1709 in former Water District 36. Decreed Point of Diversion: See paragraph 3.B.(2), above. Source: Miners Creek, a/k/a Jug Creek, a tributary of the Blue River. Appropriation Date and Amount: December 31, 1911, for 5.0 c.f.s. Historic Use: Irrigation. The Applicant will rely on the Water Commissioner’s diversion records for 1966 through 1973. Proposed Change: Applicant owns an undivided 75% interest in the water rights described in paragraph 3., above. Applicant proposes to add alternate points of diversion, storage, places of use, and types of use of said water rights. Alternate Points of Diversion: (1) Target Pump: Located at a point whence the southeast corner of Section 8, Township 7 South, Range 77 West, 6th P.M. bears north 24° west a distance of 5,280 feet, more or less. (2) Wells Constructed or To Be Constructed Within the Spruce Valley Ranch Subdivision: The Spruce Valley Ranch Subdivision is located in Sections 7, 8, 17, and 18, Township 7 South, Range 77 West, 6th P.M. Alternate Points of Storage: The Applicant seeks the right to store all or a portion of the subject water rights of water in one or more storage vessels to be constructed within the boundaries of the Spruce Valley Ranch Subdivision located in Sections 7, 8, 17, and 18, Township 7 South, Range 77 West, 6th P.M. Change in Place of Use: The Applicant seeks the right to change the place of use of the subject water rights to the Spruce Valley Ranch Subdivision located in Sections 7, 8, 17, and 18, Township 7 South, Range 77 West, 6th P.M. Change in Type of Use: Applicant requests that a decree be entered confirming its right to use the said water rights for irrigation, domestic, and municipal uses, including but not limited to, storage and subsequent application to beneficial use, augmentation, and replacement of depletions, domestic, industrial, commercial, irrigation, recreation, and fish and wildlife uses. Appropriative Right of Exchange: Applicant claims an appropriative right of exchange to exchange up to 21 acre-feet from its historic point of diversion and place of use on Bills Ranch to the Spruce Valley Ranch Subdivision. The reach of the exchange is from Dillon Reservoir up the Blue River to its confluence with Indiana Creek and then up Indiana Creek to the target pump and/or wells located on the Spruce Valley Ranch Subdivision. The rate of exchange claimed is 5 c.f.s. with an annual volumetric limitation of 21 acre-feet. The claimed date of appropriation is April 17, 1998. Ownership: The property on which the proposed points of diversion, storage, and use will be located is within the Spruce Valley Ranch Subdivision, which is managed by the Spruce Valley Ranch Foundation. The address of the Spruce Valley Ranch Foundation is as follows: Spruce Valley Ranch Foundation, P. O. Box 715, Breckenridge, Colorado 80424. (4 pages)
73. 98CW298 Grand Lake Metropolitan Recreation District, P.O. Box 590, 1415 County Road 48, Grand Lake, Colorado, 80447. (Counsel, Scotty P. Krob, Esq., 8400 E. Prentice Ave., Penthouse, Englewood, CO 80111; Telephone: 303-694-0099), Application for Approval of Alternate Points of Diversion, in Grand County, Colorado. Decreed names of water rights and structures involved: Cairns No. 3 water right, involving Cairns No. 3 Ditch and Harbison Ditch; From previous decrees: Original adjudication: Date entered: August 11, 1906; Case No. N/A; Court: District Court, Grand County; Decreed point of diversion: On the west bank of the North Inlet to Grand Lake, at a point whence the Northeast Corner of Section 5, T3N, R75W bears East 33 degrees 15 minutes North, 2973 feet, Grand County, Colorado.; Source: North Inlet to Grand Lake, tributary to the Colorado River.; Appropriation date: September 1, 1885; Amount: 0.625 c.f.s.; Historic use: Prior to the entry of the change decrees discussed below, the Cairns No. 3 water right was historically used to irrigate approximately 15 acres of hay meadows located in portions of the SE4NE4 and NE4SE4 of Section 6, T3N, R75W, 6th P.M., Grand County. First previous change decree for Cairns No. 3 water right: Date entered: August 2, 1990; Case No.: 88CW402; Court: District Court, Water Division No. 5; Decree changed the point of diversion to: The headgate of the Harbison Ditch located on Tonahutu Creek at a point in Section 32, T4N, R75W, 6th P.M., from whence the East Quarter Corner of Section 31, T4N, R75W bears South 31 degrees 50 minutes West, 2491.5 feet, Grand County.; Source: Tonahutu Creek, tributary to the North Inlet to Grand Lake, tributary to the Colorado River; Amount diverted under the Cairns No. 3 water right was limited to: 13.3 acre-feet per year at a maximum rate of diversion of 0.625 c.f.s. Second previous change decree for Cairns No. 3 water right: Date entered: September 18, 1997; Case No. 96CW365; Court: District Court, Water Division No. 5; Decree approved an alternate point of diversion located: On the east bank of the Colorado River at a point from which the SW4 of the SE4, NE4 of Sect. 2, T3N, R76W bears S 5 degrees 43 minutes West a distance of approximately 650 feet. Proposed change: Applicant seeks approval of the locations described below, as alternate points of diversion for the Cairns No. 3 water right, in addition to the Harbison Ditch and the location on the Colorado River described above. It is DECEMBER 1998 RESUME WATER DIVISION 5 Page 57
anticipated that diversions at the alternate points will be through tributary wells. Location of alternate points of diversion: Pumping Plant Ball Fields: NE4 of the SE4 of Section 26, T3N, R76W of the 6th P.M.; Old Grand Lake Dump Site Ball Fields; SE4 of the NW4 of Section 12, T3N, R76W of the 6th P.M.; Change in type of use: At the alternate points of diversion, the Cairns No. 3 water right will continue to be used for irrigation and related recreation uses. However, in addition to use in connection with the Applicant's public golf course from the presently decreed diversion points at the Harbison Ditch and the diversion point on the Colorado River, at the proposed alternate points of diversion the Cairns No. 3 water right will be used to irrigate fields to be constructed by the Applicant and used for recreation purposes, including but not limited to baseball, softball, soccer, football, flag football and volleyball, as well as related support purposes, including but not limited to drinking water, public restrooms, and concessions.; Change in place of use: The Applicant will continue to use the Cairns No. 3 water right in connection with its public golf course which is located in portions of the NE4NE4 of Section 2, T3N, R76W, 6th P.M., and portions of the NW4NW4, S2NW4, and NW4SW4 Section 1, T3N, R76W, 6th P.M., Grand County. The Applicant will also use the Cairns No. 3 water right for recreation fields and related support purposes located at: i. Pumping Plant Ball Fields: SE4 of the SE4 of Section 26, T3N, R76W of the 6th P.M.; ii. Old Grand Lake Dump site Ball Fields: SE4 of the NW4 of Section 12, T3N, R76W of the 6th P.M.; The total irrigated acreage of the recreational fields at both of the proposed alternate points of diversion is not anticipated to exceed 10 acres in size. No change in the amount previously adjudicated is proposed. The combined diversions through all decreed points of diversion for the Cairns No. 3 water right, if this Application is approved, will continue to be limited to no more than 13.3 acre-feet per year at a maximum rate of diversion of 0.625 c.f.s. Applicant proposes to drill tributary wells at or near the locations described above, and utilize them as alternate points of diversion for the Cairns No. 3 water right. The well drilled at the Plumping Plant Ball Field location will be tributary to Lake Granby, tributary to the Colorado River. The well drilled at the Old Grand Lake Dump Site location will be tributary to Shadow Mountain Lake and tributary to the Colorado River. The Applicant intends to use the water diverted at the alternate points of diversion as described above in connection with recreation fields it intends to construct. Applicant does not seek to increase the quantity diverted or its consumptive use of the water, as previously decreed, and does not believe the addition of the requested alternate points of diversion will cause injury to other water rights. Names and addresses of owners of land on which structures are located: Pumping Plant Ball Fields Alternate Point of Diversion: United States of America, Department of Agriculture, Forest Service, Arapaho National Forest, Hot Sulphur Ranger District, P.O. Box 10, Granby, Colorado 80446 Old Grand Lake Dump Site Ball Fields Alternate Point of Diversion: Town of Grand Lake, Post Office Box 6, Grand Lake, Colorado 80446 Grand Lake Metropolitan Recreation District, 1415 County Road 48, Post Office Box 590, Grand Lake, Colorado 80447 (7 pages)
74. 98CW299 Town of Grand Lake, Colorado, P.O. Box 6, Grand Lake, Colorado 80447 (Counsel, Scotty P. Krob, Esq., 8400 E. Prentice Ave., Penthouse, Englewood, CO 80111; Telephone: 303-684-0099), Application for Conditional Water Right and Alternate Point of Diversion, in Grand County, Colorado. CLAIM FOR CONDITIONAL WATER RIGHT Name of structure: Grand Lake Well No. 2; Legal Description: SE4NW4, Sec. 5, T3N, R75W, 6th P.M., at a point 2,300 feet East of the West line and 1,650 feet South of the North line of said Section 5, Town of Grand Lake, County of Grand, State of Colorado; Source: The Tonahutu River, a tributary of the Colorado River; Appropriation: Date of Appropriation: July 13, 1998; How appropriation was initiated: By adoption of Resolution No. 4-1998 by the Grand Lake Town Board of Trustees; Amount claimed: 3.0 c.f.s., Conditional; Use: All municipal uses, including domestic, commercial, industrial, mechanical, manufacturing, power production, fire protection, sewage treatment, street sprinkling, watering parks, lawns, gardens, golf courses and other open spaces, watering of domestic animals, fish and wildlife maintenance and preservation, aesthetic purposes, lake evaporation, dust suppression, sand and gravel mining, recreation, augmentation, replacement, substitution, exchange, adjustment and regulation of the Town of Grand Lake water system and its component parts within the system, use, reuse, successive use and disposition to extinction, and any other beneficial purposes associated with the Town of Grand Lake water system as it now exists or as it may be modified or expanded in the future. Names and addresses of owners of land on which structures for the water rights are located: It is anticipated that the well will be drilled on the Town's right of way. Accordingly, no other property owners are involved. CLAIM FOR ALTERNATE POINT OF DIVERSION FOR GRAND LAKE PIPELINE WATER RIGHT Decreed names of structures involved: Grand Lake Pipeline and Grand Lake Well No. 2.; From previous decrees: Original adjudication: Date entered: October 28, 1955, nunc pro tunc November 7, 1952; Case No. 814, General Adjudication for Water District No. 51.; Court: District Court, Grand Count; Decreed point of diversion: Located on the right bank of Tonahutu Creek at a point whence the South Quarter Corner of Section 32, T4N, R75W of the 6th P.M. bears S. 54 degrees 34 minutes E. 562 feet.; Source: Tonahutu Creek, tributary to Grand Lake, tributary to the Colorado River; Appropriation date: March 15, 1945; Amount: 6.75 c.f.s., conditional; Historic use: Municipal, Irrigation and domestic; Case No. 814, General Adjudication for Water District No. 51.; By decree dated October 1, 1968, 6.0 c.f.s. of the 6.75 c.f.s. conditional water right was made absolute for municipal and domestic purposes.; Case No. 79-CW-287, District Court Water Division No. 5; By decree dated October 27, 1980 the Grand Lake Well was decreed as an alternate point of diversion for the Grand Lake Pipeline water right. The decreed location of the Grand Lake well is: Located in Section 5, T3N, R75W, 6th P.M., at a point 1,830 feet East of the West line and 1,550 feet South of the North line of said Section 5. Proposed change: Applicant proposes to drill a well at the location described below, and utilize it as an alternate point to divert the water previously diverted at the Grand Lake Pipeline and the Grand Lake Well. The Applicant intends to use the water diverted at the alternate point of diversion in the same manner as it has been used historically, for municipal purposes. Applicant does not seek to increase the quantity diverted or its consumptive use of the water, as previously decreed, and does not believe the addition of the requested alternate point of diversion will DECEMBER 1998 RESUME WATER DIVISION 5 Page 58
cause injury to other water rights.; Location of alternate point of diversion (Grand Lake Well No. 2): SE4NW4, Sec. 5, T3N, R75W, 6th P.M., at a point 2,300 feet East of the West line and 1,650 feet South of the North line of said Section 5, Town of Grand Lake, County of Grand, State of Colorado; No change in type or place of use is proposed. CLAIM FOR ALTERNATE POINT OF DIVERSION FOR CAIRNS PIPELINE NO. 1 WATER RIGHT Decreed names of structures involved: Cairns Pipeline No. 1, Grand Lake Well No. 2; From previous decrees: Original adjudication: Date entered: July 21, 1911; Case No: NA; Court: District Court, Grand County; Decreed point of diversion: Located at a point on the right bank of the Little North Inlet to Grand Lake at a point whence the N Quarter Corner of Section 5, T3N, R75W, 6th P.M. bears S. 55 degrees 40 minutes E. 662 feet. Source: North Inlet to Grand Lake, a/k/a Tonahutu Creek, tributary to the Colorado River; Appropriation date: November 26, 1907; Amount: 4.06 c.f.s., conditional; Historic use: Irrigation, power, and domestic purposes; Case No. 183, District Court, Grand County, Colorado; By decree dated June 1, 1954 1.06 c.f.s. of the 4.406 c.f.s. conditional water right was made absolute, with remaining 3.0 c.f.s. continued as a conditional right.; Case No. 87-CW-196; By decree dated July 25, 1988 an additional 1.94 c.f.s. of the conditional water right was made absolute, for a total of 3.0 c.f.s., absolute. The remaining conditional portions of the right were abandoned.; Historic use: Municipal and domestic purposes; Proposed change: Applicant proposes to drill a well at the location described below, and utilize it as an alternate point to divert the water previously diverted at the Cairns Pipeline No 1. diversion structure. The Applicant intends to use the water diverted at the alternate point of diversion in the same manner as it has been used historically, for municipal purposes. Applicant does not seek to increase the quantity diverted or its consumptive use of the water, as previously decreed, and does not believe the addition of the requested alternate point of diversion will cause injury to other water rights.; Location of alternate point of diversion (Grand Lake Well No. 2): SE4NW4, Sec. 5, T3N, R75W, 6th P.M.. at a point 2,300 feet East of the West line and 1,650 feet South of the North line of said Section 5, Town of Grand Lake, County of Grand, State of Colorado.; No change in type or place of use is proposed. (8 pages)
75. 98CW300 GARFIELD COUNTY-RED CANYON CREEK, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Wayne Rudd c/o Lori Satterfield, Balcomb & Green, P.C. P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Lookout Mountain Ranch Pond Nos. 1-8, Red Ditch Pump and Pipeline, First Enlargement-Application for Water Storage Rights and Surface Water Rights. CLAIMS FOR WATER STORAGE-RIGHTS. The structures are listed by structure, legal description, amount claimed (AF) conditional, active storage (AF), dead storage (AF), surface area (ACRES), dam length (FT), pond depth (FT) as follows: Lookout Mountain Ranch Pond No. 1, center of dam located in the NW 1/4 of the NE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1675 feet from the East Section line and 290 feet from the North Section line; 17.8; 17.8; 0.0; 4.45; 584; 10. Lookout Mountain Ranch Pond No. 2, center of dam located in the SE 1/4 of the NW 1/4 of Section 24, T. 6 S., R. 89 W. of the 6th P.M. at a point 2300 feet from the West Section line and 1800 feet from the North Section line; 6.7; 6.7; 0.0; 1.68; 337; 10. Lookout Mountain Ranch Pond No. 3, center of dam located in the NE 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 585 feet from the East Section line and 2450 feet from the South Section line; 6.1; 6.1; 0.0; 1.52; 331; 10. Lookout Mountain Ranch Pond No. 4, center of dam located in the NE 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1010 feet from the East Section line and 2400 feet from the South Section line; 7.0; 7.0; 0.0; 1.74; 341; 10. Lookout Mountain Ranch Pond No. 5, center of dam located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1525 feet from the East Section line and 2380 feet from the South Section line; 9.0; 9.0; 0.0; 2.26; 279; 10. Lookout Mountain Ranch Pond No. 6, center of dam located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1970 feet from the East Section line and 2364 feet from the South Section line; 6.9; 6.9; 0.0; 1.73; 344; 10. Lookout Mountain Ranch Pond No. 7, center of dam located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 2280 feet from the East Section line and 2290 feet from the South Section line; 4.8; 4.8; 0.0; 1.2; 270; 10. Lookout Mountain Ranch Pond No. 8, center of dam located in the NE 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 980 feet from the East Section line and 1890 feet from the South Section line; 4.3; 4.3; 0.0; 1.08; 245; 10. Name, capacity and legal description of point of diversion of ditch to fill off-channel reservoirs: Red Ditch Pump and Pipeline, First Enlargement, 3.0 cfs, conditional, (see below for point of diversion). Appropriation: June 6, 1997. Initiated by field inspection and formation of intent to appropriate. Use: irrigation, domestic, augmentation, storage, piscatorial and aesthetic. Total number and legal description of acres proposed to be irrigated: See below. If non-irrigation, describe purpose fully: domestic, augmentation, storage, aesthetic, piscatorial. Name and address of owner of land on which structures for the water rights are located: Applicant. CLAIM FOR SURFACE WATER RIGHT. Structure: Red Ditch Pump and Pipeline, First Enlargement. Legal description of point of diversion: NE 1/4 of the SE1/4 of Section 24, T. 6 S., R. 88 W. of the 6th P.M. at a point 800 feet from the East Section line and 2500 feet from the South Section line. Appropriation: June 6, 1997, initiated by field inspection and formation of intent to appropriate. Amount: 3.0 cfs, conditional. Use: domestic, augmentation, storage, irrigation, fill and re-fill Lookout Mountain Ranch Pond Nos. 1-8. Total number and legal description of acres proposed to be irrigated: 255 acres located on parts of lands located in the N1/2 SW1/4, S1/2 SE1/4, S1/2 SW1/4 of Section 14, T. 6 S., R. 89 W. of the 6th P.M.; SE1/4, NE1/4, NE1/4 NW1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M.; NW1/4 SW1/4, W1/2 NE1/4, NW1/4, of Section 24, T. 6 S., R. 89 W. of the 6th P.M. If non-irrigation, describe purpose fully: domestic, augmentation, storage, aesthetic, piscatorial. (6 Pages)
76. 98CW301 GARFIELD COUNTY-THE FRYING PAN RIVER, AND THE CATTLE CREEK ALLUVIUM, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Wayne Rudd, c/o Lori Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. Basalt Conduit, Alabaster Well No. 1, Alabaster Well No. 2-Application for a Change of Water Right and Plan for Augmentation. CLAIM FOR CHANGE OF WATER RIGHT. Structure: Basalt Conduit. Decree entered: June DECEMBER 1998 RESUME WATER DIVISION 5 Page 59
20, 1958, Case No. W-4613, District Court, Garfield County, Colorado. Decreed point of diversion: in Pitkin County on the left side of the Frying Pan River in the NE1/4 of the NW1/4 of unsurveyed Section 18, T. 8 S., R. 84 W. of the 6th P.M. at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8 S., R. 84 W. of the 6th P.M. bears N. 79°00' W., a distance of 2, 017.1 feet. Appropriation: July 29, 1957. Amount: 450 cfs. Use: Generation of electricity, irrigation, domestic, municipal, stock water, piscatorial and industrial. Proposed change: Applicant seeks an alternate point of diversion of the Basalt Conduit in the amount of 150 gpm at either one or a combination of the following structures: Alabaster Well No. 1. Location: SE 1/4 of the SE 1/4 of Section 7, T. 7 S., R. 88 W. of the 6th P.M. at a point 765 feet from the East Section line and 125 feet from the South Section line in, Garfield County. Depth: 29 feet. Alabaster Well No. 2. Location: NE 1/4 of the NE 1/4 of Section 18, T. 7 S., R 88 W. of the 6th P.M. at a point 800 feet from the East Section line and 410 feet from the North Section line, in Garfield County. Depth: 29 feet. Basalt Water Conservancy District (“BWCD”) owns the Basalt Conduit water right. Applicant will apply for a water supply contract with BWCD. Name and address of owner of land upon which point of diversion and place of use are located: Applicant. CLAIM FOR PLAN FOR AUGMENTATION. Structures to be augmented: Alabaster Well Nos. 1 and 2. Water rights to be used for augmentation: Ruedi Reservoir. Applicant intends to apply for a contract with BWCD to secure up to 24.703 acre feet of water from the District’s water allotment contract with the Bureau of Reclamation for Ruedi Reservoir water. Ruedi Reservoir is an on-channel reservoir located in the NW 1/4 of the NE1/4 of Section 18, T. 8 S., R. 84 W. of the 6th P.M., in Eagle and Pitkin Counties. Ruedi Reservoir was originally decreed for 140,697.3 acre feet in Civil Action No. 4613, Garfield County District Court on June 20, 1958, with an appropriation date of July 29, 1957, for hydro-electric power generation, irrigation, municipal, domestic, industrial, piscatorial and stock water uses. Subsequently, in Case No. W-798-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir was reduced from 140,697.3 acre feet to 102,369 acre feet. Statement of Plan for Augmentation: Water will be diverted from the Alabaster Well Nos. 1 and 2 as alternate points of diversion for the Basalt Conduit, on a year-round basis, for domestic use and lawn and garden irrigation associated with employee housing units (30 equivalent residential units (EQR)) and a commercial development (37.4 EQR) on approximately 70 acres located in the NE1/4 of Section 18 and the SE 1/4 of Section 7, T. 7. S., R. 88 W. of the 6th P.M., Garfield County. Each employee housing unit is estimated to require an average of 300 gallons per day (“GPD”), based upon 3 persons using 100 GPD each. Depletions associated with domestic in-house use are estimated to be 15%; waste water treatment will be by septic tank/leach field system. The contemplated in- house demand for the employee housing units (30 EQR) is estimated to be 10.080 acre feet annually, resulting in annual depletions of 1.512 acre feet. Commercial in-house demand for 37.4 EQR is estimated to be 12.566 acre feet annually, and is considered to be 15% consumptive, resulting in annual depletions of 1.885 acre feet. The total irrigated area for the commercial and residential units (67.4 EQR) is estimated to be 33,700 square feet. Irrigation demand is 2.13 acre feet per acre, assuming an 80% irrigation efficiency. Irrigation depletions are contemplated to be 1.646 acre feet per year. The projected total diversion requirement for these augmented uses is 24.703 acre feet annually, with a projected annual consumptive use of 5.295 acre feet (which includes a 5% transit loss for the augmentation releases). Applicant will provide a delayed impacts analysis consistent with the BWCD Decree in Case No. 87CW155. Consistent with prior BWCD decrees, Applicant has anticipated that the Basalt Conduit is in priority during the months of December through March and May. Augmentation is required only when the Basalt Conduit is out of priority. Applicant may change the mix of uses contemplated to be augmented herein, so long as the total depletions to be replaced do not exceed the depletions contemplated herein. The Applicant’s anticipated water service contract with BWCD will be sufficient to allow uninterrupted diversions from the wells, and prevent injury to other vested and decreed conditional water rights. (6 Pages).
77. 98CW302 GARFIELD COUNTY-SPRINGS AND SEEPS TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Wayne Rudd, c/o Lori Satterfield, Balcomb & Green, P.C. P.O. Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. McCarthy Spring, Rudd Spring and Pipeline, Rudd Pond No. 1, Rudd Pond No. 2-Application for Surface Water Rights and Water Storage Rights. CLAIM FOR SURFACE WATER RIGHTS. Structure: McCarthy Spring. Legal description of point of diversion: NE 1/4 of the SE 1/4 of Section 32, T. 7 S., R. 87 W. of the 6th P.M. at a point 1150 feet from the East Section line and 2054 feet from the South Section line. Appropriation: January 29, 1991, initiated by location of spring, formation of intent to place water to beneficial use. Date water applied to beneficial use: June 1, 1993. Amount: 0.16 cfs (72 gpm), absolute. Use: Piscatorial, aesthetic, filling and maintaining Rudd Pond Nos. 1 and 2. Second Claim: Rudd Spring and Pipeline. Legal description of point of diversion: NE 1/4 of the SE 1/4 of Section 32, T. 7 S., R. 87 W. of the 6th P.M. at a point 1750 feet from the South Section line and 1156 feet from the East Section line. Appropriation: January 29, 1991, initiated by location of spring, formation of intent to place water to beneficial use. Date water applied to beneficial use: June 1, 1993. Amount: 0.45 cfs (200 gpm), absolute. Use: piscatorial, aesthetic, filling and maintaining Rudd Pond Nos. 1 and 2. CLAIM FOR WATER STORAGE RIGHTS. Third Claim: Rudd Pond No. 1. Legal description: NE 1/4 of the SE 1/4 of Section 32, T. 7 S., R. 87 W. of the 6th P.M. at a point 2093 feet from the South Section line and 1200 feet from the East Section line. Appropriation: January 29, 1991, initiated by location of pond, formation of intent to place water to beneficial use. Date water applied to beneficial use: June 1, 1993. Amount 0.21 AF, absolute. Active Storage: 0 AF. Dead Storage: 0.21 AF. Surface Area: 0.09 acre. Use: piscatorial, recreational and aesthetic. Fourth Claim: Rudd Pond No. 2. Located in the NE 1/4 of the SE 1/4 of Section 32, T. 7 S., R. 87 W. of the 6th P.M. at a point 2161 feet from the South Section line and 1295 feet from the East Section line. Appropriation: January 29, 1991, initiated by location of pond, formation of intent to place water to beneficial use. Date water applied to beneficial use: June 1, 1993. Amount 0.25 AF, absolute. Active Storage: 0 AF. Dead Storage: 0.25 AF. Surface Area: 0.11 acre. Use: Piscatorial, recreational and aesthetic. (7 pages).
78. 98CW303 GRAND COUNTY, APPLICATION FOR WATER RIGHTS, Kemp-Breeze State Wildlife Area; C/O STEVEN O. SIMS,Assistant Attorney General,Natural Resources Section, Attorneys for DOW, 1525 Sherman Street, 5th Floor,Denver, Colorado 80203, Telephone: (303) 866-5042, FAX: (303) 866-3558. FIRST CLAIM - WATER STORAGE RIGHTS: 1. The name and address of the Applicants are: Colorado Division of Wildlife and the Wildlife Commission, 6060 Broadway, Denver, Colorado 80216-1000. Telephone (303) 297-1192. 2. DECEMBER 1998 RESUME WATER DIVISION 5 Page 60
The name of the reservoir involved: Corral Creek Wetland #1 (Upper Dam); Corral Creek Wetland #2 (Lower Dam). 3. Legal description of reservoirs: The mid-point of the Corral Creek Wetland #1 (Upper Dam) is located at a point 1330 feet from the East section line and 1700 feet from the South section line in NE¼¼ of Section 11, T1N, R79W, 6th PM, in Grand County on the Kemp Breeze State Wildlife Area. The mid-point of the Corral Creek Wetland #2 (Lower Dam) is located at a point 500 feet from the West section line and 2300 feet from the South section line, in the NW¼SW¼ of Section 12, T1N, R79W, 6th PM, in Grand County on the Kemp Breeze State Wildlife Area. 4. The source of the water is: Corral Creek, tributary to Corral Creek, tributary to the Colorado River. 5. Information about the appropriation: A.)Date of initiation of appropriation: September 14, 1994. B.) Date water applied to beneficial use: April 28, 1998. C.) How appropriation was initiated: By field inspection, survey and formation of intent to apply water to beneficial use. 6. Amount claimed: Corral Creek Wetland #1 (Upper Dam) 26.8 acre feet, absolute, fill and refill. Corral Creek Wetland #2 (Lower Dam) 15.6 acre feet, absolute, fill and refill. A) If off-channel reservoir, rate of diversion in cfs for filling the reservoir: Applicant uses the Home Ditch #1 to fill the off-channel reservoirs, Corral Creek Wetland #1 (Upper Dam) and Corral Creek Wetland #2 (Lower Dam). According to CRDSS data, the Home Ditch #1, has the capacity to carry 10 c.f.s. The Home Ditch #1 is decreed for 2.5 c.f.s. Applicant has appropriated an additional 7.5 c.f.s. First Enlargement of the Home Ditch #1 for wildlife habitat and wildlife watering uses. (see second claim below, for more information). Applicant has used 0.25 c.f.s. of that capacity to fill the Corral Creek Wetland #1 (Upper Dam) and Corral Creek Wetland #2 (Lower Dam). Applicant can and will divert the remaining 7.25 c.f.s. to fill the Corral Creek Wetland #1 (Upper Dam) and Corral Creek Wetland #2 (Lower Dam) in the future. 7. Use of the water: Wildlife habitat and wildlife watering. See remarks below. 8.Surface area of high water line: Corral Creek Wetland #1, (Upper Dam): 12.9 acres. Corral Creek Wetland #2, (Lower Dam): 6.5 acres. A. Maximum height of dam in feet: Corral Creek Wetland #1, (Upper Dam): Seven (7) feet. Corral Creek Wetland #2, (Lower Dam): Nine (9) feet. B. Length of Dam in feet: Corral Creek Wetland #1, (Upper Dam): 1200 feet. Corral Creek Wetland #2, (Lower Dam): 1277 feet. 9. Total capacity of reservoir in acre feet: A. Active capacity: Corral Creek Wetland #1 (Upper Dam): 26.8 acre feet, absolute. Corral Creek Wetland #2 (Lower Dam): 15.6 acre feet, absolute. B. Dead storage: Corral Creek Wetland #1 (Upper Dam): Zero. Corral Creek Wetland #2, (Lower Dam): Zero.10. Name and address of owner of land on which structures for the water right is located: Colorado Division of Wildlife and the Wildlife Commission, 6060 Broadway, Denver, Colorado 80216-1000. (303) 297-1192. 11. Remarks or other pertinent information: The Kemp Breeze State Wildlife Area (SWA) is located in Middle Park, west of Parshall, CO and east of Kremmling, CO on the north side of the Colorado River. Middle Park and other mountain parks in Colorado are used intensively by migrating waterfowl and also supports breeding ducks and geese. The Kemp Breeze SWA, Corral Creek Wetlands #1 and #2 are low level levees with water control structures, which provide early season shallow water habitats for waterfowl and other migratory birds. Water is diverted into Corral Creek Wetland #1 and Corral Creek Wetland #2 through the Home Ditch #1. The wetland impoundments are seasonally flooded to maximize food and cover availability. The Corral Creek wetlands at Kemp Breeze State Wildlife Area (SWA) are utilized as feeding and pairing habitat for waterfowl early in the spring. Likewise, these wetlands provide habitat in the fall when wetlands at higher elevations around Middle Park become ice covered. Residual vegetative cover in and around the developed wetlands will provide nesting areas for waterfowl, including, mallards, cinnamon teal and green-winged teal. SECOND CLAIM - APPLICATION FOR WATER RIGHTS (SURFACE) , 12. The name and address of the Applicants are: Colorado Division of Wildlife and the Wildlife Commission, 6060 Broadway, Denver, Colorado 80216-1000. (303) 297-1192. 13. Name of Structure: Home Ditch #1 First Enlargement. 14. Legal Description of each point of diversion: The Home Ditch #1, First Enlargement is diverted at the headgate of Home Ditch #1. The Home Ditch #1 headgate is located in the SE¼SE¼NW¼ of Section 12, T1N, R79W, 6th PM, at a point approximately 2500 feet from the North section line and 3000 feet from the East section line. 15. Source: Corral Creek, tributary to the Colorado River. 16. Information about the appropriation: A.)Date of initiation of appropriation: September 14, 1994. B.) Date water applied to beneficial use: April 28, 1998. C.) How appropriation was initiated: By field inspection, survey and formation of intent to apply water to beneficial use. 17. Amount claimed: .25 c.f.s. ABSOLUTE, 7.25 c.f.s. CONDITIONAL 18. Use: To divert water to storage in an off-channel reservoirs known as Corral Creek Wetland #1 (Upper Dam) and Corral Creek Wetland #2 (Lower Dam). As set forth in the first claim above, the water stored in Corral Creek Wetland #1 (Upper Dam) and Corral Creek Wetland #2 (Lower Dam) is used for wildlife habitat and wildlife watering. (7 pages)
79. 98CW304 APPLICATION FOR WATER RIGHTS (SURFACE), GARFIELD COUNTY, C/O STEVEN O. SIMS, Assistant Attorney General, Natural Resources Section, Attorneys for DOW, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Telephone: (303) 866-5042. FAX: (303) 866-3558. 1. Name, address, telephone number(s) (residence and business) of applicant(s): Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216-1000, Telephone No. (303) 297-1192. 2. Name of structures: A. Ward, Dow & Taylor Ditch, 1st Enlargement. B. Murray and Yule Ditch, 4th Enlargement. C. Cooley No. 1 Ditch, 1st Enlargement. D. Cooley No. 2 Ditch, 1st Enlargement. E. Cooley No. 3 Ditch, 1st Enlargement. 3. Legal description of each point of diversion: The location coordinates provided are based on a Global Positioning Satellite (“GPS”) survey using Colorado State Plane - Central Zone (NAD27-CONUS): A. Ward, Dow and Taylor Ditch, 1st Enlargement is diverted at the headgate of the Ward, Dow and Taylor Ditch. That headgate is located on the west bank of the East Fork of Garfield Creek (a.k.a. Garfield Creek) in the SE¼NE¼NE¼ of Section 25, T6S, R91W, 6thPM, Garfield County, at a point 930 ft south of the north line and 70 ft west of the east line of said Section 25. Headgate located at Easting - 1,437,681 feet; Northing - 614,790 feet. B. Murray and Yule Ditch 4th Enlargement is diverted at the headgate of the Murray and Yule Ditch. That headgate is located on the east bank of the West Fork of Garfield Creek (a.k.a. Baldy Creek) in the NW¼NW¼NE¼ of Section 36, T6S, R91W, 6thPM, Garfield County, at a point 325 ft south of the north line and 2610 ft west of the east line of said Section 36. Headgate located at Easting - 1,434,990 feet; Northing - 610,182 feet. C. Cooley No. 1 Ditch, 1st Enlargement is diverted at the headgate of the Cooley No. 1 Ditch. That headgate is located on the southwest bank of West Garfield Creek (a.k.a. Baldy Creek) in the NW¼ NE¼SW¼, Section 25, T6S, R91W, 6th PM, Garfield County, at a point 2,810 ft south of the north line and 1,430 ft east of the west line of said Section 25. Headgate located at Easting - 1,433,872 feet; Northing - 612,961 feet. D. Cooley No. 2 Ditch, 1st Enlargement DECEMBER 1998 RESUME WATER DIVISION 5 Page 61
is diverted at the headgate of the Cooley No. 2 Ditch. That headgate is located on the southwest bank of West Garfield Creek (a.k.a. Baldy Creek) in the NW¼SW¼NW¼ of Section 25, T6S, R91W, 6th PM, Garfield County, at a point 1,370 ft south of the north line and 320 ft east of the west line of said Section 25. Headgate located at Easting - 1,432,778 feet; Northing - 614,418 feet. E. Cooley No. 3 Ditch, 1st Enlargement is diverted at the headgate of the Cooley No. 3 Ditch. That headgate is located on the southwest bank of West Garfield Creek (a.k.a. Baldy Creek) in the NW¼NE¼NE¼ of Section 26, T6S, R91W, 6th PM, Garfield County, at a point 350 ft south of the north line and 750 ft west of the east line of said Section 26. Headgate located at Easting 1,431,703 feet; Northing - 615,448 feet. 4. Source: A. Ward, Dow & Taylor Ditch, 1st Enlargement - Garfield Creek. B. Murray and Yule Ditch, 4th Enlargement - Baldy Creek. C. Cooley No. 1 Ditch, 1st Enlargement - Baldy Creek. D. Cooley No. 2 Ditch, 1st Enlargement - Baldy Creek. E. Cooley No. 3 Ditch, 1st Enlargement - Baldy Creek. 5. Information about the appropriation: A. Date of initiation of appropriation on all five ditches: September 30, 1998. B. How appropriation was initiated on all five ditches: By field inspection, survey and formation of intent to apply water to beneficial use. C. Applicant can complete these appropriations with diligence. D. Applicant can and will divert the amount of water claimed by these appropriations. 6. Amount claimed: A. Ward, Dow & Taylor Ditch, 1st Enlargement - 0.9 c.f.s., conditional. B. Murray and Yule Ditch, 4th Enlargement - 4 c.f.s., conditional. C. Cooley No. 1 Ditch, 1st Enlargement - 0.33 c.f.s., conditional. D. Cooley No. 2 Ditch, 1st Enlargement - 0.30 c.f.s., conditional. E. Cooley No. 3 Ditch, 1st Enlargement - 0.15 c.f.s., conditional. 7. Use or proposed use: irrigation. 8. Number of acres to be irrigated: A. Ward, Dow & Taylor Ditch, 1st Enlargement - 43.2 acres. B. Murray and Yule Ditch, 4th Enlargement - 200.7 acres. C. Cooley No. 1 Ditch, 1st Enlargement - 16.7 acres. D. Cooley No. 2 Ditch, 1st Enlargement - 15.2 acres. E. Cooley No. 3 Ditch, 1st Enlargement - 7.5 acres. 9. Legal description of Irrigated Acreage: A. Ward Dow and Taylor Ditch 1st Enlargement will irrigate 13.8 acres that are located in the SE¼Ne¼SE¼ and the NW¼SE¼SE¼ of Section 23, 23.4 acres that are located in the Ne¼SW¼ of Section 23 and 6 acres that are located in the NE¼NE¼SE¼ of Section 22, all in T6S, R91W, 6th PM, in Garfield County. B. The Murray Yule Ditch 4th Enlargement will irrigate 10.7 acres that are located in the E½NE¼SW¼ of Section 25, 36.6 acres that are located in the N½N½SE¼ of Section 25, 56.4 acres that are located in the SE¼NW¼ and N½NE¼SW¼ of Section 25, 29.8 acres in the NE¼NW¼ of Section 25 and 67.2 acres located in the S½SW¼ of Section 24, all in T6S, R91W, 6th PM, in Garfield County. C. The Cooley No. 1 Ditch 1st Enlargement will irrigate 16.7 acres located in the S½SW¼ NW¼ of Section 25 and in the NE¼SE¼¼ of Section 26, all in T6S, R91W, 6th PM, in Garfield County. D. The Cooley No. 2 Ditch 1st Enlargement will irrigate 15.2 acres located in the S½NE¼NE¼ of Section 26 all in Section 26, T6S, R91W, 6th PM, in Garfield County. E. The Cooley No. 3 Ditch 1st Enlargement will irrigate 7.5 acres located in the NW¼NE¼NE¼ and the NE¼NW¼NW¼ of Section 26, all in T6S, R91W, 6th PM, in Garfield County. 10. Name and address of owner of land on which points of diversion and place of use is located - Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216-1000. Telephone No. (303) 297-1192; Gene Wright, 6284 County Road 314, New Castle, CO 81647. 11. Remarks: The Colorado Division of Wildlife acquired the Garfield Creek State Wildlife Area in 1981. That acquisition included the transfer of ownership of the land and certain water rights decreed and historically used on the land, with the Grantor reserving the right to use certain of those water rights and ditch priorities. Since the time of the acquisition, the Division has continued to irrigate the lands with the water rights conveyed by the Grantor and the water rights reserved by the Grantor. In recent discussions with the Grantor it was discovered that if the Grantor were to exercise his right to transfer the reserved water rights off the property, there would not be sufficient water available to continue to irrigate the property. Therefore, the Division is seeking to obtain a decree for the amounts stated above. All acreage claimed in this application are lands belonging to the Division of Wildlife. There are irrigated lands belonging to other parties under the Ward, Dow and Taylor Ditch and the Murray Yule ditch but that acreage is not reflected in this application. (7 pages)
80. 98CW305 GRAND COUNTY - MUDDY CREEK, COLORADO RIVER. Colorado Water Conservation Board; c/o Edward Kowalski, Esq.; 1525 Sherman St., 5th Floor; Denver, CO 80203 303-866-5065. Muddy Creek - Application for Water Rights to Protect the Natural Environment to a Reasonable Degree. Location: the natural stream channel from the outlet of Wolford Mountain Reservoir in the SWNE Sec. 25, T. 2 N., R. 81 W., 6th P.M. as the upstream terminus and extending to the headgate of Deberard Ditch in the NESE Sec. 7, T. 1 N., R. 80 W., 6th P.M. as the downstream terminus, being a distance of approximately 9 miles. This segment can be located on the Kremmling U.S.G.S. quadrangle. Appropriation: July 13, 1998. Amount: Absolute: Instream flow of 105 cfs (May 15 - June 30); 70 cfs (July 1 - July 14); 20 cfs (July 15 - April 30); 70 cfs (May 1 - May 14). This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3),(4), and (10), C.R.S. (1998). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. The Board has made the determination that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. This determination was made subsequent to requesting and considering recommendations from the U.S. Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division of Parks and Outdoor Recreation, among other things, and was presented upon Final Notice to the Board at its regular meeting on November 23, 1998. (5 pages)
81. 98CW306 Routt County; Colorado River. Jim Redman, c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Change of Water Right and Application for Approval of Plan for Augmentation. First Claim. Application for Change of Water Right. Decreed name of structure for which change is sought: Elk Spring and Pipeline. Date of original decree: 10/7/1979 in Case No. W- 4015 in the District Court, Water Division No. 5. The spring is located in the SW 1/4 NW 1/4 of Sec. 23, T. 1 S., R. 84 W., 6th PM, at a point 1,866 feet S. and 6 feet E. of the NW Corner of Sec. 23. The diversion is located 217 feet due East of Elk Spring. Use: Domestic, livestock water, fire protection and piscatorial. The water will be used as a source to fill a series of reservoirs. Appropriation date: 8/12/1978. Amount: 0.36 cfs, conditional. On 5/31/1983 in Case No. 82CW204 the Elk Spring and Pipeline in the amount of 0.36 cfs was made absolute and unconditional for DECEMBER 1998 RESUME WATER DIVISION 5 Page 62 domestic, livestock water, fire protection and piscatorial purposes. The Applicant owns 1/2 of this water right. Source: A spring tributary to an unnamed tributary of the Colorado River. Proposed change: The Applicant proposes to add irrigation for 10 acres of lawns and gardens, absolute, as a use for the Applicant's share of the Elk Spring and Pipeline with an appropriation date of 7/21/1994. Second Claim. Application for Approval of Plan for Augmentation. Name of structures to be augmented: Mourning Dove Spring and Pipeline and Elk Spring and Pipeline. From previous decree (Mourning Dove Spring and Pipeline). Date of original decree: 1/4/1985 in Case No. 82CW165 in the District Court, Water Division No. 5. The spring is located in the NW 1/4 SW 1/4 of Sec. 23, T. 1 S., R. 84 W., 6th PM at a point 582 feet S. and 250 feet E. of the W. Quarter Corner of Sec. 23. Use: Domestic, livestock water, fire protection, irrigation and piscatorial. Appropriation date: 7/18/1982. 0.3 cfs, conditional. On 2/27/1989 in Case No. 88CW362, 0.045 cfs of the 0.3 cfs was made absolute and unconditional for livestock water, fire protection, irrigation and piscatorial purposes. On 10/3/1995 in Case No. 95CW31, the remaining conditional portion in the amount of 0.255 cfs was made absolute and unconditional for livestock water, fire protection, irrigation and piscatorial purposes. Source: A spring tributary to an unnamed tributary of the Colorado River. From previous decree (Elk Spring and Pipeline). Date of original decree: 10/7/1979 in Case No. W-4015 in the District Court, Water Division No. 5. Location: The spring is located in the SW 1/4 NW 1/4 of Sec. 23, T. 1 S., R. 84 W., 6th PM, at a point 1,866 feet S. and 6 feet E. of the NW Corner of Sec. 23. The diversion is located 217 feet due East of Elk Spring. Use: Domestic, livestock water, fire protection and piscatorial. The water will be used as a source to fill a series of reservoirs. Appropriation date: 8/12/1978. Amount: 0.36 cfs, conditional. On 5/31/1983 in Case No. 82CW204 the Elk Spring and Pipeline in the amount of 0.36 cfs was made absolute and unconditional for domestic, livestock water, fire protection and piscatorial purposes. The Applicant owns 1/2 of this water right. Source: A spring tributary to an unnamed tributary of the Colorado River. Previous decree for water rights to be used for augmentation: Date entered: 10/5/1955. Case number: Consolidated Case Nos. 2782, 5016 and 5017. Court: Federal District Court for the District of Colorado. Legal description of place of storage: Sections 11-15, 24, Township 2 South, Range 80 West and Sections 17-21, 28, 29, 33 and 34, Township 2 South, Range 79 West of the 6th P.M. Source: Blue River. Amount: 154,645 AF, together with a refill right of 6,316 AF. Appropriation: 8/1/1935. Decreed use: Green Mountain Reservoir as decreed for the purposes set forth in Senate Document No. 80, 75th Congress, 1st Session, dated June 15, 1937. Statement of plan for augmentation, covering all applicable matters under C.R.S. §37-92-103(9), - 302(1)(2) and -305(8). The Applicant owns property in Sec. 23, T. 1 S., R. 84 W., 6th PM in Routt County, Colorado. The Applicant proposes to supply water: to three single-family homes, plus guest quarters; to irrigate 10 acres of lawns and gardens; to fill and refill three ponds; and for stockwater for up to 20 horses. The source of water supply for these purposes are the Mourning Dove Spring and Pipeline and Elk Spring and Pipeline. According to the Applicant's consulting engineer, the water rights to be augmented will divert under their own priority during May and June and potentially be out of priority due to the demands of senior appropriators during July through April. The total annual consumptive use requirement is 16.483 AF, less the May and June consumption (assumed to be in priority) of 5.336 AF, which results in an augmentation requirement of 11.147 AF. Transit loses are estimated at 5% for an additional 0.557 AF. Thus, the total augmentation requirement is 11.7 AF. The Applicant will apply to the U.S. Bureau of Reclamation for a long-term water service contract for the release of water from Green Mountain Reservoir in the amount of 12 AF. Applicant recognizes that he must enter into a contract for the use of water before such water may be used as proposed in this application. Said water will be released from Green Mountain Reservoir pursuant to said contract to replace out-of-priority depletions under the Mourning Dove Spring and Pipeline and Elk Spring and Pipeline Pump due to valid calls by senior water rights.
AUGMENTATION SCHEDULE
Month Water Demand Consumptive Use In- Irr. Stock Pond Total In- Irr. Stock Pond Total Augmen- House water Evap House water Evap tation Req. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) JAN 0.117 0.000 0.021 0.000 0.138 0.018 0.000 0.021 0.000 0.039 0.040 FEB 0.105 0.000 0.019 0.000 0.124 0.016 0.000 0.019 0.000 0.035 0.036 MAR 0.117 0.000 0.021 0.000 0.138 0.018 0.000 0.021 0.000 0.039 0.040 APR 0.113 0.000 0.020 0.070 0.203 0.017 0.000 0.020 0.070 0.107 0.112 MAY 0.117 1.886 0.021 0.140 2.164 0.018 1.320 0.021 0.140 1.499 0.000 JUNE 0.113 5.000 0.020 0.300 5.433 0.017 3.500 0.020 0.300 3.837 0.000 JULY 0.117 5.690 0.021 0.370 6.198 0.018 3.983 0.021 0.370 4.392 4.611 AUG 0.117 4.583 0.021 0.360 5.081 0.018 3.208 0.021 0.360 3.607 3.787 SEPT 0.113 3.036 0.020 0.260 3.429 0.017 2.125 0.020 0.260 2.422 2.543 OCT 0.117 0.321 0.021 0.130 0.589 0.018 0.225 0.021 0.130 0.394 0.413 NOV 0.113 0.000 0.020 0.040 0.173 0.017 0.000 0.020 0.040 0.077 0.081 DEC 0.117 0.000 0.021 0.000 0.138 0.018 0.000 0.021 0.000 0.039 0.040 Annual 1.376 20.516 0.246 1.670 23.808 0.206 14.361 0.246 1.670 16.483 11.705
(1) In-house uses for 3.5 EQR @ 350 GPD per EQR (2) Irrigation of 10 acres at 70% efficiency (Col. 7 divided by .70) DECEMBER 1998 RESUME WATER DIVISION 5 Page 63
(3) Stockwater for 20 head of livestock at 11 GPD per head (4) Pond evaporation for 3 existing ponds (5) 1+2+3+4 (6) 15% of Col. 1 (7) Consumptive use for irrigation of 10 acres according to Blaney-Criddle Method (POCHOP) (8) 20 head at 11 GPD (9) Pond evaporation for 3 existing ponds (10) 6+7+8+9 (11) Includes five percent transit loss
A copy of the engineering report prepared by Resource Engineering is attached to the application as Exhibit A. The Applicant shall install such measuring devices as are necessary to allow for the administration of this plan for augmentation and to assure compliance herewith. (11 pages)
82. 98CW307 RIO BLANCO COUNTY - WEST MARVINE CREEK, HOUSE CREEK, HAMMOND CREEK, AND MARVINE CREEK, TRIBUTARY TO WHITE RIVER. Diamond M, LLC, c/o Scott Balcomb and Lori Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Application for Surface Water Rights, Storage Water Rights, and Plan for Augmentation. CLAIM FOR SURFACE WATER RIGHTS: Diamond M Spring Nos. 1 and 2. Diamond M Spring No. 1 is located in the NE¼NW¼ of Sec. 27, T. 1 N., R. 90 W. of the 6th P.M., 4100 ft. from the S. line, and 2700 ft. from the E. line of said Sec. 27. Diamond M Spring No. 2 is located in the NE¼NW¼ of Sec. 27, T. 1 N., R. 90 W. of the 6th P.M., 4150 ft. from the S. line, and 2750 ft. from the E. line of said Sec. 27. Source: springs tributary to Marvine Creek. Date of appropriation: June 1, 1950. Appropriation was initiated by diversion of water and application to beneficial use. Amount: 0.25 cfs, absolute, for each spring. Use: to fill and refill the Diamond M Rearing Ponds continuously for fish culture, piscatorial, recreation and commercial purposes. Robert E. Barbour Pipeline 1998 Right. Description: the pipeline has three intakes: the principal intake is in a spring from whence the SE corner of Sec. 26, T. 1 N., R. 90 W. of the 6th P.M. bears S. 57°23' E. 2,338.7 ft.; Intake No. 2 is at a point whence said section corner bears S. 58°24' E. 2,434.3 ft.; Intake No. 3 is at a point whence said section corner bears S. 62°24' E. 1,937.9 ft. Source: springs tributary to Marvine Creek. Date of appropriation: Feb. 25, 1998. Appropriation was initiated by field investigation, purchase of property and formation of intent to appropriate. Amount: 0.029 cfs (13 gpm), conditional (combined diversion from all intakes). Use: domestic. West Marvine Ditch Enlargement, Barbour South Side Ditch Enlargement (for diversion at Headgate No. 1 and/or Headgate No. 2). Descriptions: W. Marvine Ditch Enl. is located in the NW¼ NW¼ of Sec. 36, T. 1 N., R. 90 W. of the 6th P.M., 1100 ft. from the N. line and 1300 ft. from the W. line of said Sec. 36, the source being W. Marvine Creek and House Creek; Barbour S. Side Ditch Enl. HG1 is located in the SW¼SW¼ of Sec. 25, T. 1 N., R. 90 W. of the 6th P.M., 1000 ft. from the S. line and 600 ft. from the W. line of said Sec. 25, the source being Marvine Creek; Barbour S. Side Ditch Enl. HG2 is located in the NW¼SE¼ of Sec. 27, T. 1 N., R. 90 W. of the 6th P.M., 2400 ft. from the S. line and 1700 ft. from the E. line of said Sec. 27, the source being the confluence of the ditch with Hammond Creek (a/k/a Johnson Creek). Date of appropriation: Feb. 25, 1998. Appropriation initiated by field investigation, purchase of property and formation of intent to appropriate. Amount: W. Marvine Ditch Enl. - 5.0 cfs, conditional; Barbour S. Side Ditch Enl. - 15 cfs, conditional, combined diversion at HG Nos. 1 and 2. Proposed use: W. Marvine Ditch Enl.: piscatorial, recreation, sediment control and to fill and refill continuously W. Marvine Pond Nos. 1 through 3 (see below); Barbour S. Side Ditch Enl. (HG No. 1): piscatorial, recreation, sediment control and to fill and refill continuously the Barbour Pond (decreed in Case No. C.A. 999, Rio Blanco Dist. Ct.), Barbour Pond 1st Enl. (decreed in Case No. 98CW76, Water Div. No. 5), Ball Lake Res. (decreed in Case No. C.A. 999), Ball Lake Res. 1st Enl. (decreed in Case No. 98CW76), Ball Lake Res. 2nd Enl. (see below), and Lodge Pond Nos. 1 and 2 (see below); Barbour S. Side Ditch Enl. (HG No. 2): piscatorial, recreation, sediment control and to fill and refill continuously Ball Lake Res., Ball Lake Res. 1st Enl., and Ball Lake Res. 2nd Enl. The W. Marvine Ditch diverts upon and crosses a portion of U.S. Forest Service property. The W. Marvine Ditch was constructed in 1911. Applicant will not increase the burden of the existing ditch easement on the USFS property to accommodate the W. Marvine Ditch Enl. All new construction will occur only on Applicant’s property. CLAIM FOR WATER STORAGE RIGHTS: Names of Reservoirs - Lodge Pond Nos. 1 and 2, W. Marvine Pond Nos. 1 through 3, Ball Lake Res. 2nd Enl., Diamond M Rearing Ponds. Description of center line of dams: LOCATION(1)
STRUCTURE Quarter Section Section Ft. from N./S. line Ft. from E./W. line Lodge Pond #1 NE SW 26 2050 S 2450 W Lodge Pond #2 NE SW 26 2200 S 2300 W W. Marvine Pond #1 SW SW 25 450 S 600 W W. Marvine Pond #2 SW SW 25 700 S 500 W W. Marvine Pond #3 SW SW 25 900 S 200 W Ball Lake Res. 2nd Enl. SW NE 27 1900 N 3000 W Diamond M Rearing Pond NE NW 27 4150 S 2800 E (1) All locations are in Township 1 North, Range 90 West of the 6th P.M. How filled: Lodge Pond Nos. 1 and 2 - Barbour S. Side Ditch Enl. (HG No. 1); W. Marvine Pond Nos. 1 through 3 - W. Marvine DECEMBER 1998 RESUME WATER DIVISION 5 Page 64
Ditch Enl.; Ball Lake Res. 2nd Enl. - Barbour S. Side Ditch Enl. (HG Nos. 1 and 2); Diamond M Rearing Pond - Diamond M Spring Nos. 1 and 2. Date of appropriation for all ponds: Feb. 25, 1998. Appropriation was initiated by field investigation, purchase of property and formation of intent to appropriate. Structure Amt./ Surface Dam Characteristics Active Dead Volume Area Capacity Storage (AF) (acres) (AF) (AF) Max. Height (ft.) Length (ft.) Lodge Ponds #1 0.3 0.1 5 140 0 0.3 Lodge Pond #2 0.4 0.13 5 150 0 0.4 W. Marvine Pond #1 2 0.25 5 200 0 2 W. Marvine Pond #2 2 0.25 5 200 0 2 W. Marvine Pond #3 6 0.75 5 200 0 6 Ball Lake Res. 2nd Enl. 10 1 44 1600 10 0 Diamond M Rearing Ponds 0.75 0.25 3 150 0.75 0 Uses: sediment control, piscatorial, recreation, wetlands, and augmentation. Except as described above, the subject surface water rights and storage water rights are located upon and used within Applicant’s property. Their locations are depicted on Exhibit A, filed with the Ct. PLAN FOR AUGMENTATION: Name of structures to be augmented: Diamond M Spring Nos. 1 and 2, Lodge Pond Nos. 1 and 2, W. Marvine Pond Nos. 1 through 3, Barbour Pond First Enl., Ball Lake Res. First Enl., Ball Lake Res. 2nd Enl., Diamond M Rearing Pond, W. Marvine Ditch Enl., Barbour S. Side Ditch Enl., Robert E. Barbour Pipeline, Robert E. Barbour Pipeline 1998 Right. Information from previous decrees for Ball Lake Res. First Enl. and Barbour Pond First Enl.: Case No., Water Div. No. 5 - 98CW076; Adj. Date - 12/31/98; App. Date - 5/1/78; Use -- absolute - fish culture, piscatorial, and recreation purposes, conditional - domestic, commercial, irrigation, and augmentation; Decreed Amount -- Ball Lake Res. First Enl. - 57 AF; Barbour Pond First Enl. - 7.2 AF. Description of Barbour Pond First Enl.: the dam is located in the SW¼NW¼, Sec. 26, T. 1 N., R. 90 W. of the 6th P.M., at a point 2,500 ft. from the N. line and 250 ft. from the W. line of said Sec. 26. Information from previous decrees for Robert E. Barbour Pipeline (listed in order of Priority No., Adj. Date, App. Date, Decreed Amount, and Use): 27, 9/8/1947, 6/1/1944, 0.025 cfs (absolute), domestic and irrigation; 540, 11/26/1958 (C.A. 999), 6/1/1944, 0.025 cfs (absolute), domestic and irrigation. Water rights to be used for augmentation: historic irrigation consumptive-use credits associated with any one or combination of the following water rights: Water Right Priority No. Adj. Date App. Date Decreed Use Amt. (abs.) Lodge Creek Ditch (1) 263 8/20/1923 9/11/1916 1.0 cfs Irrigation Barbour S. Side Ditch 550 11/26/1958 9/20/1947 11.25 cfs Irrigation(2) (C.A. 999) W. Marvine Ditch 186 9/8/1911 5/9/1911 2.0 cfs Irrigation(3) (1) The Lodge Creek Ditch was changed for diversion at the Barbour N. Side Ditch in C.A. 980 on June 15, 1954. (2) The full amount of this decree may be diverted at HG Nos. 1 or 2. (3) The ditch was originally decreed for 3.8 cfs (2.8 cfs for irrigation and 1.0 cfs for fish propagation and domestic). 1.8 cfs was transferred to the Barbour S. Side Ditch on 6/15/1954 in C.A. 980. The headgate and point of diversion for the Lodge Creek Ditch/Barbour N. Side Ditch is located at a point on the N. bank of Marvine Creek, whence the SW corner of Sec. 25, T. 1 N., R. 90 W. of the 6th P.M. bears S. 13°15' E., a distance of 1,835.7 ft. Statement of plan for augmentation: The purpose of this augmentation plan is to augment the domestic use at the Marvine Ranch and a high quality fishery through the Marvine Ranch. Domestic supply. The domestic supply is provided by the Robert E. Barbour Pipeline rights described herein (Priority Nos. 27, 540, and the 1998 Right, collectively referred to as “Robert E. Barbour Pipeline”). Domestic service will be provided to a lodge, cabins, bunk houses, an equestrian facility, and residential dwellings. The units will probably not be fully occupied year round. However, for purposes of this augmentation plan, Applicant has assumed 100% occupancy. The projected total diversion requirement for the in-house uses is 4.648 AF annually. Waste water will be treated through a septic tank/leach field system, resulting in 15% consumption of diversions. The projected depletions associated with the in-house diversions is therefore 0.697 AF annually. Exhibit B, filed with the Ct., depicts the projected domestic diversions and depletions by equivalent residential unit (EQR). Fishery. The fishery will consist of the subject ponds and streams on the property coursing through existing ditches and new laterals from the ditches. The streams will utilize water diverted under senior decreed water rights, as well as the new 1998 water rights applied for herein. Most of the water diverted will follow the course of existing ditches, creeks, and return flow channels. The fishery streams historically conveyed irrigation water and natural flows from House Creek, Hammond Creek, Upper Pasture Gulch, and W. Marvine and Marvine Creeks. The proposed use of the 1998 water rights is essentially a flow-through system with little or no new net depletion to the stream system. Applicant intends to augment the evaporative losses from the proposed new ponds, enlargements of existing ponds (Barbour Pond First Enl., and Ball Lake Res. First and Second Enls.), and the new stream segments. The ponds will be kept full year-round. The total surface area for the augmented ponds is 7.78 acres. The new stream segments have a total surface area of approximately 0.51 acre. The net annual evaporation has been calculated at 1.81 AF per surface acre, based upon the NOAA technical report NWS 33, the Water Surface Evaporation Map, and the NOAA climatic data for the Marvine Ranch weather station. The total evaporative losses are estimated at 15.0 AF for 8.29 acres of new surface area. Replacement. During the DECEMBER 1998 RESUME WATER DIVISION 5 Page 65
irrigation season, Applicant proposes to augment the out-of-priority domestic depletions and evaporative losses by the application of historic irrigation credits under the W. Marvine Ditch, Barbour S. Side Ditch, and Lodge Creek Ditch, as necessary. The historic consumptive use of water to irrigate pasture grass on the ranch is estimated at 1.13 AF per acre, using the modified Blaney-Criddle method, and information from the Marvine Ranch NOAA weather station. Some of the new ponds, new stream segments, roads, barn, and arena have been constructed on historically irrigated land, and this construction has resulted in dry up of approximately 2.70 historically irrigated acres under the W. Marvine Ditch and Barbour S. Side Ditch. An additional 11.2 acres of dry up can be made available under the Lodge Creek Ditch. The irrigation credits which are not needed for augmentation may be used for continued irrigation within the Marvine Ranch. During the non-irrigation season, there are no calls on Marvine Creek or downstream on the North Fork White River and the White River, and thus augmentation is not required during the non-irrigation season. The subject augmentation plan will operate to replace the subject out-of-priority depletions and prevent injury to other senior vested and decreed conditional water rights. (13 pages)
83. 98CW308 SUMMIT COUNTY - TEN MILE CREEK, TRIBUTARY OF BLUE RIVER. Copper Mountain, Inc., c/o Lori Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Application for Surface Water Right and Change of Water Right. CLAIM FOR SURFACE WATER RIGHT: Tenmile Creek Pipeline, First Enlargement. Source: Ten Mile Creek. Description: the headgate is located in the NE¼NW¼, Sec. 32, T. 6 S., R. 78 W. of the 6th P.M., at a point whence the NW corner of said Sec. 32 bears N. 87°0' W. a distance of 2,220 ft. Date of initiation of appropriation: Sept. 30, 1998. Appropriation was initiated by formation of intent to appropriate, construction of pump and pipeline system, diversion and application of water to beneficial use (with respect to absolute right). Amount: a total of 7.5 cfs, of which 6.1 cfs is conditional, and 1.4 cfs is absolute. Use or proposed use: snowmaking. Name and address of owner of land on which point of diversion and place of use are located: United States Forest Service. Applicant has a special use permit for the Tenmile Creek Pipeline. APPLICATION FOR CHANGE OF WATER RIGHT: Tenmile Creek Pipeline. Information from previous decree: Date entered - 11/14/91, Case No. 82CW435, Dist. Ct., Water Div. No. 5. Decreed point of diversion: located in the SE¼SW¼, Sec. 29, T. 6 S., R. 78 W. of the 6th P.M., at a point whence the W¼ corner of said Sec. 29 bears N. 47°20'W. a distance of 3,560 ft. Source: Ten Mile Creek. Appropriation date: 10/22/81. Amount: 3.2 cfs, conditional. Decreed use: recharge into West and/or Guller and East Lake Wells, irrigation, recreation, aesthetics, snowmaking, fish and wildlife propagation. Historic use: Snowmaking. Proposed change: Applicant requests a change in point of diversion for the Tenmile Creek Pipeline to the location described hereinabove. Applicant completed construction of the Tenmile Creek Pipeline diversion facility in September 1998. The as-built location is more than 200 ft. from the original decreed location, and the purpose of the requested change of water right is to conform the decreed location to the actual location. No other water rights will be injured as a result of a decree granting this change; no other water rights are located between the original and changed points. The Applicant filed a diligence application in Case No. 97CW250, Water Div. No. 5, for the Tenmile Creek Pipeline, among other water rights. Since that Application was filed, the Applicant has completed the pumping and pipeline system for the Tenmile Creek Pipeline, and has diverted water for snowmaking. Peak snowmaking diversions to date are 4.6 cfs. Applicant has allocated the first 3.2 cfs of these diversions to the Tenmile Creek Pipeline right decreed in Case No. 82CW435, and the remaining 1.4 cfs to the absolute component of the First Enlargement right requested herein. (4 pages)
84. 98CW309 RIO BLANCO AND GARFIELD COUNTIES - EAST FLAG CREEK AND FLAG CREEK, TRIBUTARY TO WHITE RIVER. James Ritchie, c/o Lori Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Application for Surface Water Rights and Storage Water Rights. CLAIM FOR WATER STORAGE RIGHTS: JB Pond No. 1. Source: The pond is off channel and is filled by diversions from Flag Creek, by the Howey Ditch Pond Enlargement (see below) in the amount of 2.0 cfs. Description: the spillway of the dam is located in the SE¼NE¼ of Sec. 3, T. 2 S., R. 94 W., of the 6th P.M. at a point N. 29°44'48" W. 1,483 ft. from the E¼ corner of said Sec. 3, Rio Blanco County. Appropriation initiated by field investigation, formation of intent to appropriate, and construction of pond. Amount: 25AF, conditional, active storage; 0.0 AF, dead storage. Surface area: maximum of 2.5 acres. Ground Hog Pond No. 1. Source: The pond is off channel and is filled by diversions from Flag Creek by the Yonch Ditch Pond Enlargement for 2.0 cfs (see below), and Howey Ditch Pond Enlargement for 2.0 cfs (see below). Description: the spillway of the dam is located in the NE¼SE¼ of Sec. 3, T. 2 S., R. 94 W., of the 6th P.M. at a point N. 17°31'41" W. 1,593 ft. from the SE corner of said Sec. 3, Rio Blanco County. Amount: 30 AF, conditional, active storage; 0.0 AF dead storage. Surface area: maximum of 3.0 acres. Ground Hog Pond No. 2. Source: The pond is off channel and is filled by the Yonch Ditch Pond Enlargement for 2.0 cfs (see below). Description: the spillway of the dam is located in the NE¼SE¼ of Sec. 3, T. 2 S., R. 94 W., of the 6th P.M. at a point S. 33°49'40" W. 912 ft. from the E¼ corner of said Sec. 3, Rio Blanco County. Amount: 20 AF, conditional, active storage; 0.0 AF, dead storage. Surface area: maximum of 2.0 acres. Sammy Pond. Source: The pond is off channel and is filled by diversions from Flag Creek, by the Howey Ditch Pond Enlargement (see below) in the amount of 2.0 cfs. Description: the spillway of the dam is located in the NE¼NE¼ of Sec. 3, T. 2 S., R. 94 W., of the 6th P.M. at a point N. 9°7'25" W. 1,522 ft. from the E¼ corner of said Sec. 3, Rio Blanco County. Amount: 25 AF, conditional, active storage; 0.0 AF, dead storage. Surface area: maximum of 2.5 acres. Badger Pond. Source: the pond is off channel and is filled by the Yonch Ditch Pond Enlargement for 2.0 cfs (see below). Description: the spillway of the dam is located in the NE¼NE¼ of Sec. 10, T. 2 S., R. 94 W., of the 6th P.M. at a point S. 85°25'28" W. 1,091 ft. from the NE corner of said Sec. 10, Rio Blanco County. Amount: 30 AF, conditional, active storage; 0.0 AF, dead storage. Surface area: maximum of 3.0 acres. Sled Dog Pond. Source: the pond is on-channel on an unnamed creek in Sec. 11, a tributary of Flag Creek. Description: the inlet is in the NW¼NE¼ of Sec. 11, T. 2 S., R. 94 W., of the 6th P.M. at a point S. 15°33'01" E. 188 ft. from the N¼ corner of said Sec. 11, Rio Blanco County. Amount: 15 AF, conditional, active storage; 0.0 AF, dead storage. Surface area: maximum of 1.5 acres. Use: storage, livestock, wildlife, and piscatorial. Cougar Pond. Source: the pond is off channel and is filled by diversions from East Flag Creek or Flag Creek, by Hoback and Redpath Ditch Pond Enlargement for 2.5 cfs (see below). Description: the spillway of the dam is in the DECEMBER 1998 RESUME WATER DIVISION 5 Page 66
SW¼NE¼ of Sec. 26, T. 2 S., R. 94 W., of the 6th P.M. at a point S. 44°29'28" W. 3,179 ft. from the NE corner of said Sec. 26, Rio Blanco County. Amount: 12 AF, conditional, active storage; 0.0 AF, dead storage. Surface area: maximum of 1.2 acres. Deer Pond. Source: the pond is off channel and is filled by the Hoback and Redpath Ditch Pond Enlargement for 2.5 cfs (see below). Description: the spillway of the dam is located in the SW¼NE¼ of Sec. 26, T. 2 S., R. 94 W., of the 6th P.M. at a point S. 3°49'48" E. 2,541 ft. from the N¼ corner of said Sec. 26, Rio Blanco County. Amount: 23 AF, conditional, active storage; 0.0 AF, dead storage. Surface area: 2.3 acres. Elk Pond. Source: the pond is off-channel and is filled by the Hoback and Redpath Ditch Pond Enlargement (see below). Description: the spillway of the dam is located in the SW¼NE¼ of Sec. 26, T. 2 S., R. 94 W., of the 6th P.M. at a point S. 37°22'35" W., 3,010 ft. from the NE corner of said Sec. 26, Rio Blanco County. Amount: 30 AF, conditional, active storage; 0.0 AF dead storage. Surface area: maximum of 3.0 acres. Bear Pond. Source: the pond is off-channel and is filled by diversions from Flag Creek by the Bear Pond Ditch (see below) in the amount of 1.0 cfs. Description: the spillway of the dam is located in the NW¼SW¼ of Sec. 25, T. 2 S., R. 94 W., of the 6th P.M. at a point S. 20°52'47" E. 3,712 ft. from the NWcorner of said Sec. 25, Rio Blanco County. Amount: 10 AF, conditional, active storage; 0.0 AF, dead storage. Surface area: maximum of 1.0 acres. Appropriation date for all ponds hereinabove: Sept. 30, 1998. Appropriation for all ponds was initiated by field investigation and formation of intent to appropriate (unless otherwise specified). Use (unless specified otherwise): storage, irrigation, livestock, wildlife, and piscatorial. Irrigation releases from the subject ponds may be used as follows: Under the Howey Ditch and Yonch Ditch: portions of the W½W½ of Sec. 2, E½E½ of Sec. 3, NE¼NE¼ of Sec. 10, and NW¼NW¼ of Sec. 11, T. 2 S., R. 94 W., comprising approximately 125 acres. Under the Hoback and Redpath Ditch: portions of the S½SW¼ of Sec. 23; E½NW¼, SW¼NE¼, and N½SE¼ of Sec. 26; T. 2 S., R. 94 W., of the 6th P.M., comprising approximately 90 acres. CLAIM FOR SURFACE WATER RIGHTS: Howey Ditch, Pond Enlargement. Description: As described in the Decree in C.A. 133, Garfield County District Court, the headgate is located on the west bank of Flag Creek, about nine miles above the mouth. More accurately described as being in the NW¼NW¼ of Sec. 11, T. 2 S., R. 94 W. of the 6th P.M., 600 ft. from the N. section line and 1,150 ft. from the W. section line, Rio Blanco County. Source: Flag Creek. Appropriation initiated: Sept. 30, 1998, by field investigation and formation of intent to appropriate. Amount: 2.0 cfs, conditional. Proposed use: to fill and refill JB Pond No. 1, Ground Hog Pond No. 1, and Sammy Pond. The Howey Ditch also benefits from transbasin diversions from the West Miller Reservoir system from Miller Creek and its tributaries in Garfield County. The West Miller Reservoir system was decreed in C.A. 418, District Court in and for Garfield County, on Aug. 17, 1925, and is described as follows: Description: West Miller Reservoir: situated on the E½NE¼ of Sec. 17, T. 3 S., R. 93 W., of the 6th P.M., Garfield County; the height of the dam of said reservoir is 10 ft.; reservoir, at high water line, has an area of 620,970 ft.2, and the total capacity of said reservoir, at high water line, is 3,391.569 ft. of water, for irrigation purposes. West Miller Reservoir Intake or Feeder Ditch: situated on a point on the left bank of a branch of the west fork of Miller Creek on the SW¼NW¼ of Sec. 16, T. 3 S., R. 93 W., of the 6th P.M., and that a plat and statement of said feeder ditch, reservoir and outlet ditch appears as Document No. 20349 of the records of the County Clerk and Recorder of Rio Blanco County, Colorado, to which reference is made for more detailed information as to the said ditches and reservoir. The feeder ditch and outlet ditch is decreed for 2.5 cfs, absolute. West Miller Reservoir Outlet Ditch: The outlet ditch carries releases from the reservoir and intercepts the waters of another tributary of West Miller Creek called Bull Creek, and certain spring and seep waters arising above the outlet ditch and below the Collins Ditch, all of which waters have been decreed as an auxillary supply to the West Miller Reservoir system. Waters from the West Miller Reservoir system are conveyed to a point on the divide between Miller Creek and Flag Creek and are then permitted to run down a natural gulch to Flag Creek, and are carried in Flag Creek to the headgates of the Howey Ditch and the Yonch Ditch, for the irrigation of Applicant’s property. Decreed appropriation: Aug. 1, 1911. Yonch Ditch, Pond Enlargement. Description: as described in the Decree in C.A. 133, the headgate is located on the west bank of Flag Creek, about ten and one-half miles above the mouth. More accurately described as being in the NW¼NW¼ of Sec. 14, T. 2 S., R. 94 W. of the 6th P.M., 500 ft. from the N. section line and 1,100 ft. from the W. section line, Rio Blanco County. Source: Flag Creek. The Yonch Ditch also benefits from diversions from the West Miller Reservoir system. Appropriation initiated: Sept. 30, 1998, by field investigation and formation of intent to appropriate. Amount: 2.0 cfs, conditional. Proposed use: to fill and refill Ground Hog Pond Nos. 1 and 2, and Badger Pond. Hoback and Redpath Ditch Pond Enlargement. Description: as described in the Decree entered Sept. 6, 1910 in former Water District 43 (Rio Blanco District Court), the headgate is located on the south bank of East Flag Creek, whence the NE corner of NW¼SE¼ of Sec. 26, T. 2 S., R. 94 W., bears S. 62°20' W., 190 ft. Note: the decree describes East Flag Creek, whereas the USGS map shows the drainage to be Flag Creek, Rio Blanco County. Also described as being in the NE¼SE¼ of Sec. 26, T. 2 S., R. 94 W., 2,450 ft. from the S. section line, and 1,250 ft. from the E. section line. Appropriation initiated: Sept. 30, 1998, by field investigation and formation of intent to appropriate. Amount: 2.5 cfs, conditional. Proposed use: to fill and refill the Cougar Pond, Elk Pond and Deer Pond. Bear Pond Ditch. Description: in the NE¼SW¼ of Sec. 25, T. 2 S., R. 94 W. of the 6th P.M. 1,450 ft. from the W. line and 2,300 ft. from the S. line, in Rio Blanco County. Source: Flag Creek. Appropriation initiated: Sept. 30, 1998, by field investigation and formation of intent to appropriate. Amount: 1.0 cfs, conditional. Proposed use: to fill and refill Bear Pond. The surface water rights and storage water rights applied for herein are located upon and will be used within lands owned by Applicant. Maps depicting the locations of the subject water rights are shown in Exhibit A, filed with the Court. (13 pages)
85. 98CW310 GARFIELD, PITKIN, AND EAGLE COUNTIES - FRYING PAN RIVER, AND CRYSTAL RIVER, TRIBUTARY TO ROARING FORK RIVER, TRIBUTARY TO COLORADO RIVER. Coryell Ranch Company, LLC, c/o Scott Balcomb and Lori Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Application for Surface Water Rights, Water Storage Rights, Change of Water Rights, and Approval of Plan for Augmentation and Exchange. CLAIM FOR SURFACE WATER RIGHTS: Southard and Cavanaugh Ditch Coryell Ranch Enlargement. As decreed in Case No. W-2910, the headgate is situated in lot 6 of Sec. 33, T. 7 S., R. 88 W. of the 6th P.M., located at a point whence the NW corner of said Sec. 33 bears N. 52°27'17" W. a distance of 3,214.47 ft., and the diversion point is situate in Lot 6 of said Sec. 33 located at a point whence the NW corner of said Sec. 33 bears N. 51°31'22" W. a distance of 3,299.29 ft., Garfield County. DECEMBER 1998 RESUME WATER DIVISION 5 Page 67
Source: Crystal River. Date of initiation of appropriation: Nov. 20, 1998. Appropriation initiated by field investigation and formation of intent to appropriate and proceed with the project. Amount: 10 cfs, conditional. Proposed use: To fill and refill the Coryell Ranch Lakes, plus replace seepage and evaporation losses outside the historic irrigation season, and provide occasional soil moisture recharge. Kaiser and Sievers Ditch Coryell Ranch Enlargement. Description: As decreed in Case No. W-2910, the headgate is situated in Lot Fourteen of Sec. 33, T. 7 S., R. 88 W. of the 6th P.M., located at a point whence the NW corner of said Sec. 33 bears N. 31°58'47" W. a distance of 4,203.87 ft. and diversion point is situated in Lot 14 of Sec. 33, T. 7 S., R. 88 W. of the 6th P.M. located at a point whence the NW corner of said Sec. 33 bears N. 30°56'40" W. a distance of 4,595.91 ft., Garfield County. Source: Crystal River. Date of initiation of appropriation: Nov. 20, 1998. Appropriation initiated by field investigation and formation of intent to appropriate and proceed with the project. Amount: 10 cfs, conditional. Proposed use: To fill and refill the Coryell Ranch Lakes, plus replace seepage and evaporation losses outside the historic irrigation season, and provide occasional soil moisture recharge. CLAIM FOR WATER STORAGE RIGHT: Coryell Ranch Lake Nos. 1 through 3. All lakes are located in Sec. 29, T. 7 S., R. 88 W., 6th P.M. in Garfield County Lake No. Volume Area ¼¼ in Sec. 29 Distance from N. line Distance from E. (AF) (Acres) of Sec. 29 Line of Sec. 29 1 20 3.5 NW,SE 3244 1929 2 20 3.5 NW,SE 2799 2500 3 20 3.0 SW,NE 1714 1714 Note: capacity of Southard and Cavanaugh Ditch: 25 cfs All storage is active. The as-built locations of the lakes may be somewhat different from or reconfigured from the above-descriptions. However, the total volumes and surface area will be within the limits described herein. All the lakes will be constructed within Applicant’s property. Source: the source of water to fill the lakes is the Crystal River, through the Southard and Cavanaugh Ditch Coryell Ranch Enlargement and Kaiser and Sievers Ditch Coryell Ranch Enlargement, and the following interests in the Southard and Cavanaugh Ditch and Kaiser and Sievers Ditch: Structure Priority Decreed Amount Adj. Date App. Date Decreed Case No. No. Amount Owned by Use (Garfield Applicant County Dist. Ct.) Southard & 106 1.5 cfs 1.10 cfs 5/11/1889 3/23/1885 Irrigation C.A. 132 Cavanaugh Ditch Southard & 170 1.2 cfs 0.88 cfs 5/11/1889 4/4/1887 Irrigation C.A. 132 Cavanaugh Ditch 1st Enl. Southard & 206 1.0 cfs 0.73 cfs 2/9/1892 4/1/1889 Irrigation C.A. 420 Cavanaugh Ditch 2nd Enl. Southard & 298 3.7 cfs 2.71 cfs 8/25/1936 4/15/1890 Irrigation C.A. 3082 Cavanaugh Ditch 3rd Enl. Kaiser & 136 4.0 cfs 0.70 cfs 5/11/1889 11/2/1885 Irrigation C.A. 132 Sievers Ditch Kaiser & 166 3.6 cfs 0.63 cfs 5/11/1889 10/12/1886 Irrigation C.A. 132 Sievers Ditch 1st Enl. Kaiser & 217AA 2.0 cfs 0.35 cfs 8/26/1910 4/15/1902 Irrigation C.A. 1432 Sievers Ditch 2nd Enl. & Extension Note: capacity of Southard and Cavanaugh Ditch: 25 cfs. Note: Capacity of Kaiser and Sievers Ditch: 22.4 cfs. Date of appropriation: Nov. 20, 1998. Appropriation initiated by field investigation and formation of intent to appropriate and proceed with the project. Date water applied to beneficial use: Water has not yet been applied to beneficial use. The Applicant seeks conditional water rights for the lakes. Use: The lakes will be used within the Coryell Ranch P.U.D. for multiple uses including, but not limited to: irrigation, recreation, aesthetic, fire protection, water quality enhancement and piscatorial. Maximum height of dams: less than 10 ft. Length of dams: The lakes will generally be constructed below grade and will not have the traditional embankment dams. The active capacity of the lakes will be controlled by the outlet features for each lake. CLAIM FOR CHANGE OF WATER RIGHT: Decreed name of structures for which changes are sought: Southard and Cavanaugh Ditch (see above), Kaiser & Sievers Ditch (see above), and Avalanche Canal and Syphon. Information from previous decree for Avalanche Canal and DECEMBER 1998 RESUME WATER DIVISION 5 Page 68
Syphon: Source: Crystal River. Adj. Date: June 20, 1958. App. Date: Apr. 22, 1957. Case No.: C.A. 4613, Garfield County Dist. Ct. Amount: 830 cfs. Legal descriptions of water rights to be changed: Southard and Cavanaugh Ditch (see above), Kaiser and Sievers Ditch (see above), and Avalanche Canal and Syphon: HG No. 1 being the initial point of diversion of said Avalanche Canal and Syphon is located on the right bank of the Crystal River at a point whence the witness corner of the SW corner of Sec. 9, T. 10 S., R. 88 W. of the 6th P.M. bears N. 3°9' W. 546 ft. Said point is located 4,730 ft. from the N. Sec. line and 50 ft. from the W. Sec. line of said Sec. 9 and is located in the SW¼SW¼ of said Sec. in Pitkin County, Colorado. HG No. 2 being the second point of diversion of said Avalanche Canal and Syphon is located on the right bank of Avalanche Creek at a point whence the W¼ Corner of Sec. 28, T. 9 S., R. 88 W. of the 5th P.M. bears N. 67°15' W. a distance of 4,538.1 ft. Said point is located 4,570 ft. from the N. Sec. line and 4,200 ft. from the W. Sec. line of said Sec. 28 and is located in the SE¼SE¼ of said Sec. in Pitkin County, Colorado. Decreed uses of rights to be changed: Southard and Cavanaugh - irrigation; Kaiser and Sievers Ditch - irrigation; Avalanche Canal and Syphon - generation of electric energy, domestic, municipal, and industrial purposes including but not limited to the production of oil from shale, irrigation purposes, and stock watering purposes. Proposed changes: (A.) Avalanche Canal and Syphon: (1)Applicant requests alternate points of diversion for a total of 3.75 cfs of the Avalanche Canal and Syphon right at any one or combination of the Coryell Ranch Wells and/or the Coryell Ranch Roaring Fork River Diversion, which are located as follows: All wells are located in Sec. 29, T. 7 S., R. 88 W., 6th P.M. in Garfield County; Well No. 1 is in the, NE¼NE¼, at a point 1268.54 ft. from the N. line, and 1021.95 ft. from the E. line of said Sec. 29; Well No. 2 is in the SW¼NE¼, at a point 1849 ft. from the N. line, and 2064.12 ft. from the E. line of said Sec. 29; Well No. 3 is in the SE¼NE¼, at a point 2086.54 ft. from the N. line, and 86.95 ft. from the E. line of said Sec. 29; Well No. 4 is in the SE¼NE¼, at a point 1808.54 ft. from the N. line, and 301.95 ft. from the E. line of said Sec. 29; Well No. 5 is in the SE¼NE¼, at a point 1508.54 ft. from the N. line, and 486.95 ft. from the E. line of said Sec. 29; Well No. 6 is in the NE¼NE¼, at a point 1218.54 ft. from the N. line, and 666.95 ft. from the E. line of said Sec. 29; Well No. 7 is in the NE¼NE¼, at a point 928.54 ft. from the N. line, and 966.95 ft. from the E. line of said Sec. 29; Well No. 8 is in the NW¼NE¼, at a point 774 ft. from the N. line, and 1284.12 ft. from the E. line of said Sec. 29; Well No. 9 is in the SW¼NE¼, at a point 1469 ft. from the N. line, and 1284.12 ft. from the E. line of said Sec. 29; Well No. 10 is in the SW¼NE¼, at a point 1609 ft. from the N. line, and 1604.12 ft. from the E. line of said Sec. 29; Well No. 11 is in the SW¼NE¼, at a point 1739 ft. from the N. line, and 1839.12 ft. from the E. line of said Sec. 29; Well No. 12 is in the NW¼NE¼, at a point 879 ft. from the N. line, and 1619.12 ft. from the E. line of said Sec. 29; Well No. 13 is in the SE¼NE¼, at a point 1733.54 ft. from the N. line, and 831.95 ft. from the E. line of said Sec. 29; Well No. 14 is in the SE¼NE¼, at a point 1873.54 ft. from the N. line, and 971.95 ft. from the E. line of said Sec. 29; Well No. 15 is in the NE¼SE¼, at a point 2883.54 ft from the N. line, and 661.95 ft. from the E. line of said Sec. 29. The Coryell Ranch Roaring Fork River Diversion is located on the West bank of the Roaring Fork River in the NE¼NE¼, Sec. 29, T. 7 S., R. 88 W., 6th P.M., at a point whence the NE corner of said Sec. 29 bears N. 53°18' E., a distance of 1,357.4 ft. (2) Applicant seeks to use the said 3.75 cfs of the Avalanche Canal and Syphon within the Roaring Fork Water and Sanitation District, formerly Aspen Glen Water and Sanitation District. However, depletions from the subject wells or Coryell Ranch Roaring Fork River Diversion to serve areas other than the Coryell Ranch will be covered by other augmentation plans. The Coryell Ranch is located generally within the NE¼ of Sec. 29, T. 7 S., R. 88 W., 6th P.M. (Garfield County). (B.) Southard and Cavanaugh Ditch and Kaiser and Sievers Ditch: (1) Applicant requests alternate points of diversion of these rights at the Coryell Ranch Wells and the Coryell Ranch Roaring Fork River Diversion (described above) for irrigation use through the potable system for the Coryell Ranch. (2) In addition, Applicant requests a change of the Southard and Cavanaugh Ditch and Kaiser and Sievers Ditch rights from direct application for irrigation to storage and subsequent application to beneficial use in and through the Coryell Ranch Lakes. (3) Applicant requests a change of use of these rights to add augmentation use to the historic irrigation use. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE: Name of structures to be augmented: (A.) Avalanche Canal and Syphon diverting at the alternate points of diversion denominated the Coryell Ranch Well Nos. 1 through 15 and the Coryell Ranch Roaring Fork River Diversion. (B.) Coryell Ranch Lake Nos. 1 through 3. (C.) Southard and Cavanaugh Ditch Coryell Ranch Enlargement. Other water rights are diverted from this structure. (D.) Kaiser and Sievers Ditch Coryell Ranch Enlargement. Other water rights are diverted from this structure. Previous decrees for water rights to be used for augmentation: (A.) Southard and Cavanaugh Ditch (see above). (B.) Kaiser and Sievers Ditch (see above). (C.) Ruedi Reservoir: Previous Decree: Case No. 4613 entered Jun. 20, 1958, in Garfield County District Ct. Location: Ruedi Reservoir is located in parts of Sec. 7,8,9,11,14,15,16,17 and 18, T. 8 S, R. 84 W. of the 6th P.M. in Pitkin and Eagle Counties. The dam thereof is located in the NW ¼ of Sec. 18, T. 8 S., R. 84 W., 6th P.M., its exact location being described as follows: The initial point of survey of said dam is on the right abutment thereof at a point whence the SW corner of Sec. 7, T. 8 S., R. 84 W. 6th P.M. bears N. 68°58' at a distance of 426 ft. Appropriation Date: Jul. 29, 1957. Decreed Amount: 102,369 AF. Source: Frying Pan River. Decreed Use: The generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. Statement of plan for augmentation: Applicant contemplates a residential development of approximately 70 units, three lakes (applied for herein), and irrigation of lawn, garden and open space under the Kaiser and Sievers Ditch and Southard and Cavanaugh Ditch. Domestic/municipal. Water service is contemplated to be from any one or combination of the Coryell Ranch Well Nos. 1 through 15 and/or the Coryell Ranch Roaring Fork River Diversion. Municipal diversions will be under the Avalanche Canal and Syphon by contract through the West Divide Water Conservancy District. The development is located in the Conservancy District’s service area. All out-of-priority depletions of in- house domestic/municipal use will be augmented by releases from Ruedi Reservoir or other supply source available to the Conservancy District under the direction of the Div. Engineer in the course of administering the Conservancy District’s water supply program. Wastewater treatment will be by a central treatment plant. The estimated annual reservoir releases, assuming year-round augmentation, for the domestic/municipal uses are 1.7 AF annually. However, augmentation is required only when the Avalanche Canal and Syphon water DECEMBER 1998 RESUME WATER DIVISION 5 Page 69
right is out of priority. The Coryell Ranch Wells have not been constructed. Tentative locations are adjacent to the Roaring Fork River, and most of the locations are within 100 ft. of the river. Some well locations are more than 100 ft. from the river, and for those wells a delayed impacts analysis (if required) will be conducted after the wells are constructed and tested. Lake evaporation. The net annual lake evaporation from 10 surface acres of the Coryell Ranch Lake Nos. 1 through 3 is estimated at 28 AF per year. The lakes are all located on land historically irrigated by the Southard and Cavanaugh Ditch and Kaiser and Sievers Ditch. Applicant contemplates that during the historic irrigation season, the net evaporation from the lakes will be approximately 23 AF, and, therefore, approximately 23 AF of consumptive-use credits available under the Southard and Cavanaugh Ditch and Kaiser and Sievers Ditch rights will be dedicated to the lakes. If after the lakes are constructed Applicant finds that the actual surface area differs from the planned surface acreage, then irrigation consumptive-use credits will be allocated to the actual lake acreage at the rate of 2.29 AF per surface acre. During the non-irrigation season, out-of-priority depletions from the lake evaporation will be replaced by releases from Ruedi Reservoir under a contract with West Divide Water Conservancy District. The maximum contemplated Ruedi release requirements during the non-irrigation season for this purpose are approximately 5.2 AF, assuming a 5% transit loss; however, augmentation is required only when the lake rights, the Southard and Cavanaugh Ditch Coryell Ranch Enlargement, and Kaiser and Sievers Ditch Coryell Ranch Enlargement are out of priority. Irrigation. Historically, 150 acres have been irrigated within the Coryell Ranch property by the Kaiser and Sievers Ditch, and Southard and Cavanaugh Ditch. The extent of the irrigation and the resulting 274.5 AF of consumptive-use credits (based upon a factor of 1.83 AF per acre) were decreed in Case No. W-2206, and confirmed in Case No. 95CW180, Water Div. No. 5. No augmentation will be required for any irrigation within the Coryell Ranch development. The Coryell Ranch Well Nos. 1 through 15 and/or the Coryell Ranch Roaring Fork River Diversion will be alternate points of diversion for the Kaiser and Sievers Ditch and Southard and Cavanaugh Ditch water rights. Irrigation will continue under those rights, subject to the 150 acreage limit (as decreed in W-2206), and subject to the dedication of Southard and Cavanaugh Ditch and Kaiser and Sievers Ditch credits for replacement of evaporative losses from the Coryell Ranch Lake Nos. 1 through 3, as above-described. Operation of the subject plan for augmentation and exchange will allow for the diversion and use of the subject augmented rights without injury to other senior vested and decreed conditional water rights. To ensure the proper operation of the augmentation and exchange plans, Applicant will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation and exchange water equals or exceeds the amount of out-of- priority depletions resulting from the Applicant’s development. If any supplemental or replacement wells are required or desired for any of the Coryell Ranch Well Nos. 1 through 15, Applicant requests that such wells be automatically incorporated into this plan for augmentation, provided that they are subject to all of the terms and conditions set forth herein. (12 pages)
86. 98CW311 GRAND COUNTY, TEN MILE CREEK AND FRASER RIVER. Silver Creek Meadows, LLC, c/o Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Application for Water Rights and for Approval of Plan for Augmentation, Including Exchange. 1st Claim: App. For Surface Water Rights: Names: Indian Meadows Golf Diversion No. 1 (“No. 1”) and Indian Meadows Golf Diversion No. 2 (“No. 2”). Locations: No. 1 is 1200 ft. S. of the N. Line, and 2400 ft, E. of the W. Line of Sec. 6, T1N, R76W, 6th P.M. No. 2 is 1300 ft. N. of the S. Line, and 1500 ft. W. of the E. Line of Sec. 6, T1N, R76W, 6th P.M. Sources: No. 1: Fraser Riv., trib. to Colo. Riv.; No. 2: Ten Mile Creek, trib. to Fraser Riv., trib. to Colo. River. Approp. Dates (No. 1 and No. 2): 7/31/98. Amts (No. 1 and No. 2): each 10 c.f.s., cond. Uses (No. 1 and No. 2): irrigation, aesthetic, wildlife propagation, recreation, and storage for subsequent application to these uses and augmentation. Land to be irrigated by No.1 and No.2: 110 acres in Grand County, CO, Sec. 1, T1N, R76 ½W of the 6th P.M., and Sections 6 and 7, T1N, R76W, 6th P.M. In addition to providing irrigation water for the golf course and open space within the Indian Meadows subdivision, these water rights will be exercised for aesthetic and recreational purposes associated with the golf course, wildlife propagation, and to fill and refill Indian Meadows Ponds A-F, which ponds will serve as operational ponds for the irrigation system, water features for the golf course and to store water for augmentation. 2nd. Claim: App. For Water Storage Rights: Names: Indian Meadows Ponds A, B, C, D, E and F. Locations: Pond A is in Sec. 1, T1N, R76½W, 6th P.M., at a point 1950 ft. N. and 610 ft. W. of the SW corner of Sec. 6. Pond B is in Sec. 6, T1N, R76W, 6th P.M., at a point 525 ft. N. and 1300 ft. E. of the SW corner of said Sec. 6. Pond C is in Sec. 6, T1N, R76W, at a point 300 ft. N. and 1950 ft. E. of the SW corner of said Sec. 6. Pond D is in Sec. 7, T1N, R76W, at a point 1150 ft. S. and 800 ft. E. of the SW corner of Sec. 6. Pond E is in Sec. 7, T1N, R76W, at a point 1980 ft. S. and 2480 ft. E. of the SW corner of Sec. 6. Pond F is in Sec. 7, T1N, R76W, at a point 2340 ft. S. and 3075 ft. E of the SW corner of Sec. 6. Amts (all cond.): Pond A: 20 acre-feet (“AF”); Pond B: 2 AF; Pond C: 2 AF; Pond D: 7 AF; Pond E: 7 AF; Pond F: 2 AF. Sources: all 6 ponds will be filled by Indian Meadows Golf Diversion Nos. 1 and 2 (described above in 1st Claim). Approp. date (all 6 ponds): 7/31/90. Uses (all 6 ponds): irrigation, aesthetic, recreational, wildlife propagation and augmentation. Lands to be irrigated: see 1st claim. Water stored in these Ponds will be used as part of the golf course and open space irrigation system for Indian Meadows and for aesthetic, recreational, wildlife propagation and augmentation purposes. 3rd Claim: Plan for Augmentation: Structures to be augmented: (the following four wells were decreed on 8/24/73, in Case No. W-1748, Dist. Ct., Water Div. No. 5) Val Moritz Well No. 1: SE¼ NW¼ Sec. 6, T1N, R76W, 6th P.M., 1,400 ft. S. of the N. Line and 2,500 ft. E. of the W. Line of said Sec. 6; Val Moritz Well No. 2 : SW¼ NE¼ Sec. 6, T1N, R76W, 6th P.M., 1,400 ft. S. of the N. Line and 1,900 feet W. of the E. Line of said Sec. 6; Val Moritz Well No. 3: SE¼ NE¼ Sec. 6, T1N, R76W, 6th P.M., 1,500 ft. S. of the N. Line and 1,000 ft. W. of the East Line of said Sec. 6; Val Moritz Well No. 4: SE¼ NE¼ Sec. 6, T1N, R76W, 6th P.M., 1,500 ft. S. of the N. Line and 300 ft. W. of the E. Line of said Sec. 6; Val Moritz Well Nos. 1 through 4, inclusive, derive their source of supply from groundwater trib. to the Fraser Riv. and are all located on lands owned by Silver Creek Holding Company, Inc.; Indian Meadows Golf Diversion Nos. 1 & 2 and Indian Meadows Ponds A-F (described above in 1st and 2nd Claims). Water rights to be used for DECEMBER 1998 RESUME WATER DIVISION 5 Page 70
augmentation: Wolford Mountain Reservoir: Decreed: 11/20/89, Case No. 87CW283, Dist. Ct., Water Div. 5; Location: Sec. 25, T2N, R81W, 6th P.M.; Source: Muddy Creek and its tributaries. Wolford Mountain Reservoir is owned by the Colorado Water Conservation District (“CRWCD”). Green Mountain Reservoir: Decreed: 10/12/55, Consol. Case Nos. 2783, 5016, 5017, Fed. Dist. Ct., Dist. of Colo.; Location: Secs. 11 to 15 and 24, T6S, R80W, 6th P.M. and Secs. 17-21, 28, 29, 33 and 34, T2S, R79W, 6th P.M.; Source: Blue Riv., trib. to Colo. Riv. Green Mountain Reservoir is owned by the U.S.A., Dept. of Reclamation. Indian Meadows Ponds A-F (described above in 2nd Claim). Summary of plan: Applicant intends to develop the property (“Indian Meadows”) for up to 650 EQR of residential and commercial use, as well as a golf course and common area. For the purposes of this plan, an EQR is assumed to serve 3.5 people who each require 100 gallons per day. Each EQR is also assumed to have 2,000 square feet of associated irrigated land. Indian Meadows will be served by two separate water systems. A potable water system will supply domestic, commercial and limited irrigation water to the community, and a separate raw water irrigation system will supply water for irrigation of the golf course and common open space. Potable water, including limited residential and commercial irrigation, will be supplied by Silver Creek Water & Sanitation District (the “District”) under existing water rights decreed in Case No. W-1881, Water Div. No. 5. Out-of-priority depletions resulting from in-house residential and commercial use within Indian Meadows will be replaced pursuant to the decree entered in Case No. W-1881. However, the limited irrigation associated with such use is expected to cause additional out-of-priority depletions not contemplated by the augmentation plan in Case No. W-1881. Therefore, the augmentation plan described herein will, among other things, replace 33 AF of out-of-priority depletions to the Fraser and Colo. Rivers resulting from the exercise of water rights through the wells described above, previously decreed to the District in Case No. W- 1748. This will provide a reliable supply of treated water for the irrigation of a total of 30 acres within Indian Meadows. Said depletions will be replaced by water released and delivered to the Colo. River under one or combination of the following scenarios: (a) Pursuant to a contract with the United States Bureau of Reclamation for 50 AF of water stored in Green Mountain Reservoir, water will be released at the direction of the Division Engineer into the Blue River and delivered to the Colo. River. This water will be exchanged from the confluence of the Blue and Colo. Rivers to the District’s wells under the exchange described below in the 4th Claim; (b) Pursuant to a contract with the CRWCD for 50 AF of water stored in Wolford Mountain Reservoir, water will be released at the direction of the Division Engineer into Muddy Creek and delivered to the Colo. River. This water will be exchanged from the confluence of Muddy Creek and the Colo. River to the wells under the exchange described below in the 4th Claim. In the event that the exchange of either Green Mountain Reservoir or Wolford Mountain Reservoir water is out-of-priority, augmentation water will be released from Indian Meadows Ponds A-F in amounts necessary to replace out-of-priority depletions caused by the delivery of water from the District’s wells for irrigation within Indian Meadows. Anticipated annual depletions due to use of water from the District’s wells described in Case No. W-1748 for limited irrigation within Indian Meadows are 32.85 AF. The Indian Meadows development will include a 100 acre golf course, and 10 acres of irrigated community open space. Water will be supplied for golf course and open space irrigation through a separate, raw water irrigation system (“Indian Meadows Raw Water Irrigation System”) consisting of Indian Meadows Golf Diversion Nos. 1 and 2, Indian Meadows Ponds A through F, and a series of ditches which will interconnect the ponds and diversion structures. These structures will also serve as aesthetic and golf course water features. Water stored in Ponds A-F may also serve as a source of augmentation water when other sources are out-of- priority. Total annual pond evaporation for the project is estimated to be 32.6 AF. Anticipated annual depletions from the Indian Meadows Raw Water Irrigation System are 120.45 AF. Water will be diverted into the Indian Meadows Raw Water Irrigation System under the water rights described in above in the 1st and 2nd Claims when in priority. Water can also be delivered into the System by the Town of Granby, pursuant to an agreement between Applicant and the Town. In the event that water is not available to the Indian Meadows Raw Water Irrigation System because both the water rights claimed herein and the Town's water rights are out-of-priority, Applicant will divert into the Indian Meadows Raw Water Irrigation System water released from Green Mountain Reservoir and/or Wolford Mountain Reservoir pursuant to the claimed exchanges. 4th claim: Four Conditional Rights of Exchange: (1) Conditional Appropriative Right of Exchange (Blue River-Val Moritz Wells): Downstream terminus: confluence of Blue and Colo. Rivers; Upstream terminus: Val Moritz Well Nos. 1 through 4; Rate of Exchange: 1.0 c.f.s. cond., max. of 33 AF/year; Approp. date: 7/1/98. (2) Conditional Appropriative Right of Exchange (Muddy Creek-Val Moritz Wells): Downstream terminus: confluence of Muddy Creek and Colo. River; Upstream terminus: Val Moritz Well Nos. 1 through 4; Rate of Exchange: 1.0 c.f.s. cond., max. of 33 AF/year; Approp. date: 7/1/98. (3) Conditional Appropriative Right of Exchange (Blue River-IMGD): Downstream terminus: confluence of Blue and Colo. Rivers; Upstream terminus: Indian Meadows Golf Diversion Nos. 1 and 2 (1st Claim, above); Rate of Exchange: 3.0 c.f.s.; Approp. Date: 7/1/98. (4) Conditional Appropriative Right of Exchange (Muddy Creek-IMGD): Downstream terminus: confluence of Muddy Creek and Colo. Riv.; Upstream terminus: Val Moritz Well Nos. 1 through 4; Rate of Exchange: 3.0 c.f.s.; Approp. Date: 7/1/98. (11 pages)
87. 98CW312 Garfield County; Spring Valley acquifer; Roaring Fork River. Los Amigos Ranch Partnership, c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Underground Water Rights, Application for Change of Water Rights and Application for Approval of Plan for Augmentation. First Claim. Application for Underground Water Rights. Name of well: Los Amigos Ranch Mesa Wellfield. Legal description: One or more wells will be completed in the Spring Valley aquifer on the Los Amigos Ranch Mesa. The Los Amigos Ranch Mesa Wellfield will be generally located in the E 1/2 of the SE 1/4 of Sec. 32, T.7 S., R. 88 W., 6th P.M. Source: Groundwater tributary to the Spring Valley aquifer, tributary to the Roaring Fork River. Date of appropriation: December 8, 1998. Date water applied to beneficial use: N/A. How appropriation was initiated: field survey, preparation of engineering report, application for a Basalt Water Conservancy District water allotment contract and formulation of intent to appropriate. Amount: The total pumping capacity for the Los Amigos Ranch Mesa Wellfield will be 0.67 c.f.s. (300 g.p.m.), conditional, individually or in DECEMBER 1998 RESUME WATER DIVISION 5 Page 71
combination. Proposed use: If irrigation: Number of acres historically irrigated: 0 acres. Total number of acres proposed to be irrigated: 19.28 acres. Legal description of the land irrigated: Section 25, Township 6 South, Range 89 West, and Sections 30, 31 and 32, Township 6 South, Range 88 West of the 6th P.M. Area of lawns and gardens to be irrigated: 19.28 acres. If non-irrigation, describe purpose fully: In-house uses for 140 dwelling units, lawn, garden and landscape irrigation (6,000 square feet per home for a total of 19.28 acres), commercial uses for 5,000 square feet of office/retail space and a 40 seat restaurant/clubhouse, and stockwatering purposes for up to 100 head of horses, effluent reuse for irrigation and other beneficial uses. Second Claim. Application for Change of Water Right. The Applicant seeks this Court's approval for certain alternate points of diversion for the Landis Canal water right, which is more fully described as follows: From previous decree: Date entered: June 2 1958, in Case No. W-4613 in the District Court in and for Garfield County. Decreed point of diversion: The decreed headgate and point of diversion is located on the left side of the Frying Pan River in the Northeast 1/4 of the Northwest 1/4 of unsurveyed Section 18, Township 8 South, Range 84 West of the 6th P.M., at the head of the outlet tube for the Ruedi Reservoir whence the Southwest corner of Section 7, Township 8 South, Range 84 West of the 6th P.M. bears N. 79°00' West a distance of 2,017.1 feet. Source: Basalt Conduit, Frying Pan River, Coulter Creek and Cattle Creek, and all named and unnamed tributaries of the Roaring Fork River between the original point of diversion and the terminus of the Basalt Conduit in the NW 1/4 of Sec. 7, T.8 S., R.6 W. of the 6th P.M. Appropriation date: July 29, 1957. Amount: 170 c.f.s. Use: Generation of electricity, irrigation, domestic, municipal, stockwatering, piscatorial and industrial. Proposed change: The Landis Canal to be changed herein is 0.67 c.f.s. (300 g.p.m.), which is the cumulative total of diversions at the Los Amigos Ranch Mesa Wellfield. The Applicant requests that the Los Amigos Ranch Mesa Wellfield be made an alternate point of diversion for the Landis Canal water right for the amount indicated. Third Claim. Application for Approval of Plan for Augmentation. Name of structures to be augmented: Los Amigos Ranch Mesa Wellfield, set forth above. Los Amigos Ranch Well No. 5 decreed in Case No. W-2156 (Water Division No. 5). Los Amigos Ranch Well No. 6 decreed in Case No. W-3873 (Water Division No. 5). Previous decree for water right to be used for augmentation: 42.8 acre feet of water secured from the Basalt Water Conservancy District's water allotment contract with the Bureau of Reclamation for Ruedi Reservoir water and/or Green Mountain Reservoir. Ruedi Reservoir is an on-channel reservoir located in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 8 South, Range 84 West of the 6th P.M. Ruedi Reservoir was originally decreed for 140,697.3 acre feet in Civil Action No. 4613, Garfield County District Court on June 20, 1958, with an appropriation date of July 29, 1957, for hydro-electric power generation, irrigation, municipal, domestic, industrial, piscatorial and stock watering uses. Subsequently, in Case No. W-789-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir was reduced from 140,697.3 acre feet to 101,369 acre feet. Green Mountain Reservoir was decreed on October 5, 1955, in Consolidated Case Nos. 2782, 5016 and 5017 in the Federal District Court for the District of Colorado, and is located in Sections 11-15, 24, Township 2 South, Range 80 West and Sections 17-21, 28, 29, 33 and 34, Township 2 South, Range 79 West of the 6th P.M. Source: Blue River. Amount: 154,645 acre-feet, together with a refill right of 6,316 acre-feet. Appropriation date: August 1, 1935. Decreed use: As set forth in Senate Document No. 80, 75th Congress, 1st Session, dated June 15, 1937. Statement of plan for augmentation, covering all applicable matters under C.R.S. §§37-92-103(9), -302(1)(2), and -305(8). The applicant is proposing Los Amigos Ranch Mesa development 670 acres as a residential development to consist of 140 single-family dwelling and an equestrian center with clubhouse and small equestrian related shop, generally located in Section 25, Township 6 South, Range 89 West and in Sections 30, 31 and 32, Township 6 South, Range 88 West of the 6th P.M. Water will be supplied from the Los Amigos Ranch Mesa Wellfield and Los Amigos Well Nos. 5 and 6. The water requirements and potential stream depletions associated with diversions from the Los Amigos Ranch Mesa Wellfield and Los Amigos Well No. 5 and No. 6 are shown on Exhibit A attached to the application. Transit losses between the outlet of the Ruedi Reservoir and the point of depletion are estimated to be five percent of the potential annual augmentation requirement. Depletions from the Los Amigos Ranch Mesa Wellfield will be in priority during portions of the year. The Applicant plans to provide augmentation water out of Ruedi Reservoir to cover for any out-of-priority depletions due to the diversions into the Los Amigos Ranch Mesa Wellfield to adequately protect downstream vested water rights. Releases will be made from the Ruedi Reservoir or Green Mountain Reservoir pursuant to the contract by the Applicant with the Basalt Water Conservancy District, in amounts equal to the out-of-priority stream depletions associated with each Applicants' diversions under the Los Amigos Ranch Mesa Wellfield as directed by the Division Engineer. The Applicant shall install such measuring devices as are necessary to allow for the administration of this plan for augmentation and to assure compliance herewith. Name and address of owner of land on which structures are located: Los Amigos Ranch Mesa Wellfield: Applicant. Ruedi and Green Mountain Reservoirs: United States Bureau of Reclamation, Great Plains Region, P. O. Box 36900, Billings, MT 59107. (7 pages)
88. 98CW313 Rio Blanco County; Stake Springs Draw Creek, Yellow Creek, White River. Torrance Hughes, c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Amended Application for Water Storage Right and Surface Water Right. First Claim. Application for Water Storage Right. Name of reservoir: Osprey Pond. The Northern corner of Osprey Pond is located in the SW 1/4 NW 1/4 of Sec. 22, T. 2 S., R. 99 W., 6th PM at a point 910 feet from the W. Sec. line and 1510 feet from the N. Sec. line. If off- channel reservoir, name and capacity of ditch(es) to fill reservoir, and legal description of each point of diversion: i.) Hughes Ditch 1st Enlargement. ii.) 4 cfs. iii.) The point of diversion for Hughes Ditch is located in the SE 1/4 of Sec. 21, T. 2 S., R. 99 W., 6th PM at a point whence the N. Quarter Corner of Sec. 22, said Township and Range, bears N. 52°07' E. 6357.10 feet. Source: Stake Springs Draw Creek tributary of Yellow Creek a tributary of the White River. Date of appropriation: 12/31/1998. How appropriation was initiated: Field inspection and formation of intent to appropriate. Date water applied to beneficial use: n/a. Amount claimed: 120 AF, conditional. If off- channel reservoir, rate of diversion in cfs for filling the reservoir: 4 cfs, conditional. Use: If irrigation: N/A. If non-irrigation, describe purpose fully: Domestic, storage, augmentation, industrial, commercial, recreational and piscatorial, together with the right to fill and refill DECEMBER 1998 RESUME WATER DIVISION 5 Page 72
in priority. Surface area of high water line: 8.9 acre feet. Maximum height of dam: 25 feet. Length of dam: 1200 feet. Total capacity of reservoir: 120 AF. Active capacity: 120 AF. Dead storage: 0.0 AF. Name and address of land on which structure for the water right is located: Applicant. Second Claim. Application for Surface Water Right. Name of structure: Hughes Ditch 1st Enlargement. The point of diversion is located in the SE 1/4 of Sec. 21, T. 2 S., R. 99 W., 6th PM at a point whence the N. Quarter Corner of Sec. 22, said Township and Range, bears N. 52°07' E. 6357.10 feet. Source: Stake Springs Draw Creek tributary of Yellow Creek a tributary of the White River. Date of initiation of appropriation: 12/31/1998. Date water applied to beneficial use: n/a. How appropriation was initiated: Field inspection and formulation of intent to appropriate. Amount claimed: 4 cfs, conditional. Use: If irrigation: N/A. If non-irrigation, describe purpose fully: Domestic, storage, augmentation, industrial, commercial, recreational and piscatorial. Name and address of owner of land on which points of diversion and place of use is located: Applicant. (6 pages)
89. 98CW314 Summit County; Blue River. Otto X. Bruhn and Lillian A. Bruhn, c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Amended Application for Underground Water Rights and for Approval of Plan for Augmentation, Including Exchange. First Claim. Application for Underground Water Right. Name of well: Charlie Well, located in the NE 1/4 SW 1/4 of Sec. 1, T. 8 S., R. 78 W., 6th PM, at a point 2045 feet from the W. section line and 2500 feet from the S. section line. Source: Groundwater tributary to the Blue River. Depth: 200 feet (estimate). Date of appropriation: 12/31/1998. How appropriation was initiated: By survey and formulation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount claimed: 25 gpm, conditional. Proposed use: If irrigation: Number of acres historically irrigated: 0. Total number of acres proposed to be irrigated: 5,600 SF of lawns and gardens. Legal description of land to be irrigated: All of the land within Aspen Springs Subdivision Filing No. 1, County of Summit, State of Colorado, generally located in Sec. 1, T. 8 S., R. 78 W., 6th PM. If non-irrigation, describe purpose fully: Domestic use for up to 4 single-family houses and the irrigation of 1,400 SQ of lawn and gardens per house, with each house and its lawn and gardens as alternate uses for the others. Name and address of owner of land on which well is located: Applicant. Second Claim. Application for Underground Water Right. Name of well: Chenille Well, located in the SE 1/4 NW 1/4 of Sec. 1, T. 8 S., R. 78 W., 6th PM, at a point 1670 feet from the W. Section line and 2245 feet from the N. section line. Source: Groundwater tributary to the Blue River. Depth: 200 feet (estimate). Date of appropriation: 12/31/1998. How appropriation was initiated: By survey and formulation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount claimed: 25 gpm, conditional. Proposed use: If irrigation: Number of acres historically irrigated: 0. Total number of acres proposed to be irrigated: 5,600 SF of lawns and gardens. Legal description of land to be irrigated: All of the land within Aspen Springs Subdivision Filing No. 1, County of Summit, State of Colorado, generally located in Sec. 1, T. 8 S., R. 78 W., 6th PM. If non-irrigation, describe purpose fully: Domestic use for up to 4 single-family houses and the irrigation of 1,400 SF of lawn and gardens per house, with each house and its lawn and gardens as alternate uses for the others. Name and address of owner of land on which well is located: Applicant. Third Claim. Application for Approval of Plan for Augmentation. Names of structures to be augmented: Charlie Well and Chenille Well, as applied for herein. Previous decree for water right to be used for augmentation: The Applicant is contracting with Vidler Tunnel Water Company to purchase: (I) A quantity of the 361 consumptive AF and of the maximum diversion rate of 31.22 c.f.s. decreed by the District Court in and for Water Division No. 5 (the Water Court) in Case No. W-217, as being historically attributable to the following described water rights: (a) Rice Ditch, decreed for 4.50 c.f.s., with a May 3, 1893 appropriation date and a March 2, 1910 adjudication date. The originally decreed headgate of the Rice Ditch is located on the left (south) bank of the Snake River in the Northwest 1/4 of the Southeast 1/4 of Section 22, Township 5 South, Range 77 West of the 6th P.M. (b) Soda Creek Ditch, decreed for 2.72 c.f.s., with a July 1, 1900 appropriation date and a March 10, 1952 adjudication date. The originally decreed headgate of the Soda Creek Ditch is located on the right (east) bank of the Soda Creek at a point whence the South quarter corner of Section 27, Township 5 South, Range 77 West, 6th P.M., bears South 10°15' East a distance of 940 feet. (c) Phillips Ditch, decreed for 4.00 c.f.s. with a June 1, 1904 appropriation date and a March 2, 1910 adjudication date. The originally decreed headgate of the Phillips Ditch is located on the left (west) bank of the Keystone Creek in the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 5 South, Range 77 West of the 6th P.M. (d) rice Ditch - Riley Enlargement, decreed for 10.00 c.f.s., with a July 5, 1914 appropriation date and an October 26, 1937 adjudication date. The originally decreed headgate of the Riley Enlargement is the same as the Rice Ditch - Riley Enlargement, as said water rights were changed by the Water Court in Case No. W-217 and W-2110. (II) together with a quantity (in AF per year) of the 100 AF per year of augmentation water to be released to the Blue River from Dillon Reservoir (the Dillon Storage Water) pursuant to paragraph 6(b) of the Agreement dated September 18, 1985, between the City and County of Denver acting by and through its Board of Water Commissioners and the Board of County Commissioners of Summit County, Colorado (the County). The foregoing Dillon Storage Water was acquired by Vidler Tunnel Water Company pursuant to a Special Warranty Deed from the County dated December 18, 1986 and recorded at Reception No. 329629 of the records of Summit County, Colorado. The quantity to be purchased shall be that amount necessary to offset depletions associated with well diversions. Statement of plan for augmentation, covering all applicable matters under C.R.S. §37-92-103(9), 302(1)(2), and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. The Applicant is the owner of all land within the Aspen Springs Subdivision Filing No. 1, County of Summit, State of Colorado, Section 1, Township 8 South, Range 78 West of the 6th P.M., except for Lot 1 and Lot 16. The Applicant intends to supply water to 4 single-family homes. Each of the 4 houses for which water service would be provided will have 1,400 SF of outside lawn and garden irrigation. The domestic and irrigation needs of each house and its lawns and gardens will be served by the Charlie Well and the Chenille Well, as alternate points of diversion, which will be augmented with water to be contracted from the Vidler Water Company, as more fully described above. Each single-family house will have an assumed demand of 3.5 people per unit at 100 gallons per capita per day (in-house only). The applicant anticipates that wastewater DECEMBER 1998 RESUME WATER DIVISION 5 Page 73
treatment and disposal will be by septic tank/leachfield systems with an estimated consumptive use of 15% of the in-house diversions. Outside irrigation will use sprinklers with an estimated irrigation efficiency of 80%. The irrigation requirement is estimated to be 0.230 acre-feet per acre irrigated with a consumptive use of 0.184 acre-feet per year. The total annual diversions from both wells will be 1.798 acre-feet with 0.419 acre-feet of depletions. Table I, below, presents both the domestic and irrigation water requirements for four houses:
Month Required Consumpti Required Consumpti In-House ve Outside ve Water In-House Irrigation Outside Supply Water Use Water Irrigation (acre-feet) (acre-feet) Demand Water Use (acre-feet) (acre-feet) January 0.133 0.020 0 0 February 0.120 0.018 0 0 March 0.133 0.020 0 0 April 0.129 0.019 0 0 May 0.133 0.020 0.034 0.027 June 0.129 0.019 0.067 0.054 July 0.133 0.020 0.061 0.049 August 0.133 0.020 0.036 0.029 September 0.129 0.019 0.031 0.025 October 0.133 0.020 0 0 November 0.129 0.019 0 0 December 0.133 0.020 0 0 Annual 1.568 0.235 0.230 0.184
A copy of the Applicant's engineer analysis of the water requirements and assumption is attached as Exhibit A to the application. In order to replace depletions which occur from use of water on the property and to satisfy the requirements of the Denver Water Department pursuant to the Agreement between Summit County and the Denver Water Department dated September 18, 1985, the Applicant will contract to purchase water from the Vidler Tunnel Water Company and accompanying water from storage in Dillon Reservoir as necessary to offset the foregoing depletions. Pursuant to C.R.S. §37-80-120(2) and (4), the Applicant also request the Court to confirm the practice of substitution and exchange whereby the Applicant proposes to replace depletions to the Blue River at the location and in the amount described above with water released under the water rights discussed above. The date of appropriation claimed for such exchange is December 31, 1998. In the event the Applicant requires supplemental or replacement wells to provide an adequate water supply for the subject lots, the Applicant requests that such wells will be included in this plan for augmentation provided the use of such wells is consistent with the plan. Adequate water accounting and such other information as may be required by the Court or as may be reasonably requested by the Division Engineer for Water Division No. 5 or his agents will be provided in order to properly administer this plan. The plan for augmentation provided for herein will not injuriously affect the owners or users of vested or decreed conditional water rights. The Applicant will submit well permit applications to the State Engineer's Office for the wells as applied for in this application. The well permits or denials of well permits will be filed with the Court before entry of decree. Name and address of land on which structures are located: Applicant. (11 pages)
90. 98CW315 Rio Blanco County; Yellow Creek, White River. AmerAlia, Inc., c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Amended Application for Underground Water Rights, Application for Surface Water Rights, Application for Water Storage Rights and Application for Approval of Plan for Augmentation. First Claim. Application for Underground Water Right. Name of well: AmerAlia Eagle Well Field. The northern corner and point of beginning of the Eagle Well Field is located in the NW 1/4 NE 1/4 of Sec. 29, T. 1 S., R. 98 W., 6th PM at a point 1345 feet from the E. Sec. line and 455 feet from the N. Sec. line, thence S 00°00"00" W a distance of 504 feet, thence S 23°22'55" W a distance of 437.4 feet, thence N 90°00"00" W a distance of 217.9 feet, thence N 23°22'55" E a distance of 986.5 feet back to the point of beginning. Source: Yellow Creek Alluvium, tributary to White River. Depth: 100 feet (estimated). Date of appropriation: 11/14/1996. Date water applied to beneficial use: N/A. How appropriation was initiated: Property lease, preparation of engineering report, field inspection, and formation of intent to appropriate water. Amount claimed: 1.0 cfs (449 gpm), conditional, cumulative total of the well field from one or more wells. Use: Industrial, Commercial, Domestic, Irrigation, Augmentation and Storage. Name and address of owner of land on which well is located: U.S. Bureau of Land Management, Depart. of the Interior, White River Resource Area, 73544 Highway 64, P.O. Box 928, Meeker, CO 80215. Remarks: For the general location of the AmerAlia Eagle Well Field, see AmerAlia, Inc. Water Application Location Map attached to the application as Exhibit A. Second Claim. Application for Underground Water Right. Name of well: AmerAlia Raven Well Field. The northwesterly corner and point of beginning of the Raven Well Field is located in the SW 1/4 NW 1/4 of Sec. 21, T. 1 S., R. 98 W., 6th PM at a point 450 feet from the W. Sec. line and 2245 feet from the N. Sec. line, thence N 59°16'22" E a distance of 955.4 feet, thence S 0°00'00" W a distance of 232.7 feet, thence S DECEMBER 1998 RESUME WATER DIVISION 5 Page 74
59°16'22" W a distance of 768.4 feet, thence S 21°24'43" W a distance of 297.1 feet, thence N 90°00'00" W a distance of 216.8 feet, thence N 21°28'51" E a distance of 443.36 feet back to the point of beginning. Source: Yellow Creek Alluvium, tributary to White River. Depth: 100 Feet (estimated). Date of appropriation: 11/14/1996. Date water applied to beneficial use: N/A. How appropriation was initiated: Property lease, preparation of engineering report, field inspection, and formation of intent to appropriate water. Amount claimed: 1.0 cfs (449 gpm), conditional, cumulative total of the well field, from one or more wells. Use: Industrial, Commercial, Domestic, Irrigation, Augmentation, and Storage. Name and address of owner of land on which well is located: U.S. Bureau of Land Management, Depart. of the Interior, White River Resource Area, 73544 Highway 64, P.O. Box 928, Meeker, CO 80215. Remarks: For the general location of the AmerAlia Raven Well Field, see AmerAlia, Inc. Water Application Location Map attached to the application as Exhibit A. Third Claim. Application for Surface Water Right. Name of the surface diversion: Eagle Pump and Pipeline. The Eagle Pump and Pipeline is located in the NW 1/4 NE 1/4 of Sec. 29, T. 1 S., R. 98 W., 6th PM at a point 1640 feet from the E. Sec. line and 1345 feet from the N. Sec. line. Source: Yellow Creek, tributary to White River. Date of appropriation: 11/14/1996. Date water applied to beneficial use: N/A. How appropriation was initiated: Property lease, preparation of engineering report, field inspection, and formation of intent to appropriate water. Amount claimed: 4.0 cfs, conditional. Use: Industrial, Commercial, Domestic, Irrigation, Augmentation, and Storage. Name and address of owner of land on which the diversion is located: U.S. Bureau of Land Management, Depart. of the Interior, White River Resource Area, 73544 Highway 64, P.O. Box 928, Meeker, CO 80215. Remarks: For the general location of the Eagle Pump and Pipeline, see AmerAlia, Inc. Water Application Location Map attached to the application as Exhibit A. Fourth Claim. Application for Surface Water Right. Name of the surface diversion: Raven Pump and Pipeline. Raven Pump and Pipeline is located in the SW 1/4 NW 1/4 of Section 21, Township 1 South, Range 98 West of the 6th P.M. at a point 830 feet from the West Section line and 2135 feet from the North Section line. Source: Yellow Creek, tributary to White River. Date of appropriation: 11/14/1996. Date water applied to beneficial use: N/A. How appropriation was initiated: Property lease, preparation of engineering report, and field inspection. Amount claimed: 4.0 cfs, conditional. Use: Industrial, Commercial, Domestic, Irrigation, Augmentation, and Storage. Name and address of owner of land on which the diversion is located: U.S. Bureau of Land Management, Depart. of the Interior, White River Resource Area, 73544 Highway 64, P.O. Box 928, Meeker, Colorado 80215. Remarks: For the general location of the Raven Pump and Pipeline, see AmerAlia, Inc. Water Application Location Map attached to the application as Exhibit A. Fifth Claim. Application for Surface Water Right. Name of the surface diversion: 84 Ranch Pump and Pipeline. 84 Ranch Pump and Pipeline is located in the NE 1/4 of the SW 1/4 of Section 29, Township 1 South, Range 98 West of the 6th P.M. at a point 2147 feet from the West Section line and 2092 feet from the South Section line. Source: Yellow Creek, tributary to White River. Date of Appropriation: November 14, 1996. Date water applied to beneficial use: N/A. How appropriation was initiated: Property lease, preparation of engineering report, field inspection and formation of intent to appropriate water. Amount claimed: 4.0 cfs, conditional. Use: Industrial, Commercial, Domestic, Irrigation, Augmentation, and Storage. Name and address of owner of land on which the diversion is located: Frontier Resources, Inc., 2500 South Raritan Street, Englewood, Colorado 80110. Remarks: For the general location of the 84 Ranch Pump and Pipeline, see AmerAlia, Inc. Water Application Location Map attached to the application as Exhibit A. Sixth Claim. Application for Water Storage Right. Applicant claims storage water rights, described more particularly in the table as follows: Name of Legal Description Amount Active Dead Surface Dam Pond Structure Claimed Storage Storage Area Length Depth (AF) (AF) (AF) (ACRE) (FT) (FT) Bobcat The East corner of Bobcat Pond 80 cond. 80 0.0 5.3 0 15 Pond is located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. at a point 500 feet from the West Section line and 360 feet from the South Section line. Lynx The East corner of Lynx Pond is 80 cond. 80 0.0 5.3 0 15 Pond located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. at a point 810 feet from the West Section line and 775 feet from the South Section line. Lion The East corner of Lion Pond is 80 cond. 80 0.0 5.3 0 15 Pond located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. at a point 1090 feet from the West Section line and 1190 feet from the South Section line. Bobwhite The left dam abutment for 300 cond. 300 0.0 9.8 497 75 DECEMBER 1998 RESUME WATER DIVISION 5 Page 75
Name of Legal Description Amount Active Dead Surface Dam Pond Structure Claimed Storage Storage Area Length Depth (AF) (AF) (AF) (ACRE) (FT) (FT) Reservoir . Bobwhite Reservoir is located in the NW 1/4 of the SE 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. at a point 1530 feet from the East Section line and 2300 feet from the South Section line. Grouse The left dam abutment for 300 cond. 300 0.0 35.9 811 20 Reservoir . Grouse Reservoir is located in the SW 1/4 of the NW 1/4 of Section 21, Township 1 South, Range 98 West of the 6th P.M. at a point 510 feet from the West Section line and 2010 feet from the North Section line. Magpie The left dam abutment for 300 cond. 300 0.0 14.0 944 45 Reservoir Magpie Reservoir is located in the SW 1/4 of the NW 1/4 of Section 29, Township 1 South, Range 98 West of the 6th P.M. at a point 780 feet from the West Section line and 2470 feet from the North Section line. Lark The left dam abutment for Lark 240 cond. 240 0.0 15 1065 29 Bunting Bunting Reservoir is located in Reservoir . the NE 1/4 of the NE 1/4 of Section 19, Township 1 South, Range 98 West of the 6th P.M. at a point 760 feet from the East Section line and 600 feet from the North Section line. Robin The left dam abutment for Robin 300 cond. 300 0.0 17.5 473 45 Reservoir . Reservoir is located in the SE 1/4 of the NW 1/4 of Section 30, Township 1 South, Range 98 West of the 6th P.M. at a point 1900 feet from the West Section line and 2390 feet from the North Section line. TOTAL 1680 108.1 If off-channel reservoir, name and capacity of ditch(es) to fill reservoir, and legal description of each point of diversion: The reservoirs will be filled by the Eagle and Raven Well fields when in priority. The reservoirs will also be filled by surface diversions from Yellow Creek from the 84 Ranch Pump and Pipeline, the Eagle Pump and Pipeline, and the Raven Pump and Pipeline. These structures are more fully described in the First through Fifth Claims for Relief. Date of appropriation: November 14, 1996. How appropriation was initiated: Field Inspection, preparation of engineering report, and formation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount claimed: A total of 1680 AF, conditional. See table, above, for quantity for each reservoir. Active capacity: A total of 1680 AF. See table above, for quantity for each reservoir. Dead storage: 0.0 AF. If off-channel reservoir, rate of diversion in c.f.s. for filling the reservoir: 4 c.f.s., Cumulative Flow conditional. Use: Industrial, Commercial, Domestic, Irrigation, Storage, and Augmentation. Name and address of owner of land on which structure for the water right is located: U.S. Bureau of Land Management, Depart. of the Interior, White River Resource Area, 73544 Highway 64, P.O. Box 928, Meeker, Colorado 80215. Frontier Exploration, Inc., 2500 South Raritan Street, Englewood, Colorado 80110 (as to Grouse Reservoir). Remarks: For the general location of the ponds and reservoirs identified in the table, above, see AmerAlia, Inc. Water Application Location Map attached to the application as Exhibit A. Seventh Claim. Application for Approval of Plan for Augmentation. Name of structures to be augmented: Eagle Well Field, Raven Well Field, Eagle Pump and Pipeline, Raven Pump and Pipeline, 84 Ranch Pump and Pipeline, as more fully described in the First, Second, Third, Fourth, and Fifth Claims, DECEMBER 1998 RESUME WATER DIVISION 5 Page 76
above. Water rights to be used for augmentation: A. The reservoirs and ponds identified in the Sixth Claim for Relief. B. Osprey Reservoir, as identified in that certain application filed on December 31, 1998 by Torrance Hughes for 120 acre-feet. The Northern corner of Osprey Pond is located in the SW 1/4 of the NW 1/4 of Section 22, Township 2 South, Range 99 West of the 6th P.M. at a point 910 feet from the West Section line and 1510 feet from the North Section line. Statement of plan for augmentation, covering all applicable matters under C.R.S. §§37-92-103(9), -302(1)(2), and -305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. The Applicant is the holder of a lease from the United States Bureau of Land Management upon which it intends to undertake a proposed nahcolite mining operation. The physical source of water for the mining operation shall be the water rights set forth in the First through Fifth Claims for Relief, outlined above. When the junior direct flow and underground water rights set forth in the First through Fifth Claims for Relief are out of priority, the Applicant proposes to either divert water directly from the storage reservoirs and ponds set forth in the Sixth Claim for Relief, or continue diversions of the direct flow and underground water rights by releasing from storage a quantity of water equal to the amount of water then being diverted through such structures. Because the underground water rights are located near Yellow Creek within one hundred (100) feet of the stream, there will be no delayed impact, and the underground rights may be administered as a surface diversion. The AmerAlia water requirements are set forth in the following table:
Durat Acr Acr gpm ion in gpd e e Hours Feet Feet /Da y /Ye ar Start Up (construction water) 12 0.3 20 134 96480 0 Phase 1 (50 tons per year) 24 0.2 105 65 93600 9 Phase 2 (75 tons per year) 24 0.3 121 75 10800 3
0 Phase 3 (150 tons per year) 24 0.5 202 125 18000 5
0 The plan for augmentation provided for herein will not adversely affect the owners or users of vested or decreed conditional water rights. Applicant shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer each year summarizing diversions and replacements under this plan. Name and address of owner of land on which structure is located: Lion Pond, Lynx Pond, Bobcat Pond, Bobwhite Reservoir, Magpie Reservoir, Robin Reservoir, and Grouse Reservoir, Lark Bunting Reservoir: U.S. Bureau of Land Management, Department of the Interior, White River Resource Area, 73544 Highway 64, P.O. Box 928, Meeker, Colorado 80215. Grouse Reservoir: Frontier Exploration, Inc., 2500 S. Raritan Street, Englewood, Colorado 80110. Osprey Reservoir: Torrence Hughes, P.O. Box 1578, Meeker, CO 81641. (14 pages)
91. 98CW316 Rio Blanco; Green River Formation of the White River. AmerAlia, Inc., c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Amended Application for Underground Water Rights and Application for Approval of Plan for Augmentation. First Claim. Application for Underground Water Right. Name of well: AmerAlia Badger Well Field. The Badger Well Field is located in the SW 1/4 of the NW 1/4, SE 1/4 of the NW 1/4 and the SW 1/4 of the NE 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. Source: Green River Formation. Depth: 1200 feet (estimate). Date of appropriation: November 14, 1996. Date water applied to beneficial use: N/A. How appropriation was initiated: Property lease preparation of engineering report, field inspection, and formation of intent to appropriate water. Amount claimed: 1.0 cfs (449 g.p.m.), conditional, cumulative total of the well field from one (1) or more wells. Use: Industrial, Commercial, Domestic, Irrigation, Storage and Augmentation. Name and address of owner of land on which well is located: U.S. Bureau of Land Management, Department of the Interior, White River Resource Area, 73544 Highway 64, P.O. Box 928, Meeker, Colorado 80215. Remarks: See location map attached to the application as Exhibit A. Second Claim. Application for Approval of Plan for Augmentation Including Exchange. Name of structures to be augmented: Badger Well Field, as more fully described in the First Claim above. Water rights to be used for augmentation: A. Name of Legal Description Amount Active Dead Surface Dam Pond Structure Claimed Storage Storage Area Length Depth (AF) (AF) (AF) (ACRE) (FT) (FT) Bobcat The East corner of Bobcat Pond 80 cond. 80 0.0 5.3 0 15 Pond is located in the SW 1/4 of the SW 1/4 of Section 20, Township DECEMBER 1998 RESUME WATER DIVISION 5 Page 77
Name of Legal Description Amount Active Dead Surface Dam Pond Structure Claimed Storage Storage Area Length Depth (AF) (AF) (AF) (ACRE) (FT) (FT) 1 South, Range 98 West of the 6th P.M. at a point 500 feet from the West Section line and 360 feet from the South Section line. Lynx The East corner of Lynx Pond is 80 cond. 80 0.0 5.3 0 15 Pond located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. at a point 810 feet from the West Section line and 775 feet from the South Section line. Lion The East corner of Lion Pond is 80 cond. 80 0.0 5.3 0 15 Pond located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. at a point 1090 feet from the West Section line and 1190 feet from the South Section line. Bobwhite The left dam abutment for 300 cond. 300 0.0 9.8 497 75 Reservoir . Bobwhite Reservoir is located in the NW 1/4 of the SE 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. at a point 1530 feet from the East Section line and 2300 feet from the South Section line. Grouse The left dam abutment for 300 cond. 300 0.0 35.9 811 20 Reservoir . Grouse Reservoir is located in the SW 1/4 of the NW 1/4 of Section 21, Township 1 South, Range 98 West of the 6th P.M. at a point 510 feet from the West Section line and 2010 feet from the North Section line. Magpie The left dam abutment for 300 cond. 300 0.0 14.0 944 45 Reservoir Magpie Reservoir is located in the SW 1/4 of the NW 1/4 of Section 29, Township 1 South, Range 98 West of the 6th P.M. at a point 780 feet from the West Section line and 2470 feet from the North Section line. Lark The left dam abutment for Lark 240 cond. 240 0.0 15 1065 29 Bunting Bunting Reservoir is located in Reservoir . the NE 1/4 of the NE 1/4 of Section 19, Township 1 South, Range 98 West of the 6th P.M. at a point 760 feet from the East Section line and 600 feet from the North Section line. Robin The left dam abutment for Robin 300 cond. 300 0.0 17.5 473 45 Reservoir . Reservoir is located in the SE 1/4 of the NW 1/4 of Section 30, Township 1 South, Range 98 DECEMBER 1998 RESUME WATER DIVISION 5 Page 78
Name of Legal Description Amount Active Dead Surface Dam Pond Structure Claimed Storage Storage Area Length Depth (AF) (AF) (AF) (ACRE) (FT) (FT) West of the 6th P.M. at a point 1900 feet from the West Section line and 2390 feet from the North Section line. TOTAL 1680 108.1 Osprey Reservoir, as identified in that certain application filed on December 31, 1998 by Torrance Hughes for 120 acre-feet. The Northern corner of Osprey Pond is located in the SW 1/4 of the NW 1/4 of Section 22, Township 2 South, Range 99 West of the 6th P.M. at a point 910 feet from the West Section line and 1510 feet from the North Section line. Statement of plan for augmentation, covering all applicable matters under C.R.S. §§37-92-103(9), -302(1)(2), and -305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. The Applicant is the holder of a lease from the United States Bureau of Land Management in the Yellow Creek Basin upon which it intends to undertake a proposed nahcolite mining operation. Simultaneous with the filing of this Application, the Applicant has filed an Application for Underground Water Rights, Surface Water Rights, Water Storage Rights and Approval of a Plan for Augmentation relying upon direct flow diversions and diversions through underground wells within one hundred (100) feet of Yellow Creek. The Applicant proposes to supplement the water supply applied for in that case by the AmerAlia Badger Well Field water rights applied for in this case, augmented as more fully set forth below. The AmerAlia Badger Well Field will be utilized to provide a supplemental source of supply for the reservoirs referred to above, as well as a direct source of water for the Applicant’s nahcolite mining operation. The AmerAlia water requirements are set forth in the following table: Durat Acr Acr gpm ion in gpd e e Hours Feet Feet /Day /Year Start Up (construction water) 12 0.3 20 134 96480 0 Phase 1 (50 tons per year) 24 0.2 105 65 93600 9 Phase 2 (75 tons per year) 24 0.3 121 76 108000 3 Phase 3 (150 tons per year) 24 0.5 202 125 180000 5 The Applicant shall replace depletions associated with diversions from the AmerAlia Badger well field by causing releases, in a quantity and at times required by the Division Engineer, from the reservoirs set forth above. The plan for augmentation provided for herein will not adversely affect the owners or users of vested or decreed conditional water rights. Applicant shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer each year summarizing diversions and replacements under this plan. Name and address of owner of land on which structures are located: Lion Pond, Lynx Pond, Bobcat Pond, Bobwhite Reservoir, Magpie Reservoir, Robin Reservoir, and Grouse Reservoir, Lark Bunting Reservoir: United States of America Bureau of Land Management, Department of the Interior, White River Resource Area, 73544 Highway 64, P.O. Box 928, Meeker, Colorado 80215. Grouse Reservoir: Frontier Exploration, Inc., 2500 S. Raritan Street, Englewood, Colorado 80110. Osprey Reservoir: Torrence Hughes, P.O. Box 1578, Meeker, CO 81641. (9 pages)
92. 98CW317 GUNNISON COUNTY-GROUND WATER TRIBUTARY TO THE CRYSTAL RIVER TRIBUTARY TO THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Michael G. Yellico, Wendy L. Hoffman, c/o Dendy Heisel, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Yellico Well No. 1-Application for Ground Water Rights. CLAIM FOR GROUND WATER RIGHT. Legal description of point of diversion: SW1/4 NW1/4 Section 25, T. 11 S., R. 88 W. of the 6th P.M., at a point 1,570 feet from the North Section line and 10 feet from the West Section line of said Section 25. Depth not yet known, well has not been drilled. Appropriation: December 20, 1996, initiated by field inspection, formation of intent to appropriate, application for a well permit. Amount: 0.033 cfs (15 gpm), conditional. Use: Domestic. If non-irrigation, describe purpose fully: In house domestic use. Name and address of owner of land on which point of diversion and place of use is located: Applicants. Purpose of application is to adjudicate exempt well, valid Permit No. 210003. (4 Pages).
93. 98CW004 Garfield County; Hawk Ridge Well No. 1, tributary to the Roaring Fork River; Water District No. 38. AMENDED APPLICATION: FOR FINDING OF REASONABLE DILIGENCE AND FOR CHANGE IN THE POINT OF DIVERSION OF A WATER RIGHT. Hawkridge Homeowner’s Association, Inc., a Colorado nonprofit corporation, c/o Thomas L. Adkison, Hill, DECEMBER 1998 RESUME WATER DIVISION 5 Page 79
Edwards, Edwards & Adkison, L.L.C., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963-3900. FIRST CLAIM: APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Hawk Ridge Well No. 1. From previous Decree: Date of original Decree: July 2, 1981; Case Number: 80 CW 552; Court: District Court, Division 5. Location: Per Decree, well is located in Section 13, T. 7 S., R. 88 W. of the 6th P.M. at a point 1700 West of the East line and 1570 feet North of the South line of Section 13, T. 7 S., R. 88 W. of the 6th P.M. Applicant requests a correction of this decreed location in its second claim, below. Source: The source of the water is a well located in the Missouri Heights Sandstone Aquifer. Appropriation Date: November 30, 1980. Amount: 0.066 cfs, conditional. Use: Domestic; irrigation and fire protection. Depth: 285 feet. What has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant spent approximately $15,269.80 in December of 1997, installing a pump, controls, electrical and water lines to connect this well to the Hawkridge water system. SECOND CLAIM: APPLICATION FOR CHANGE IN POINT OF DIVERSION. Name of structure: Hawk Ridge Well No. 1. From previous Decree: Per First Claim above. Proposed change: Applicant seeks to correct the decreed point of diversion of the Hawk Ridge Well No. 1 to match its actual location. No change in the amount, place or type of use is requested. The well has been in place at its present location since 1981. The actual location is approximately 700' North of the decreed point of diversion. Water at both points of diversion is tributary to the Crystal Springs drainage and the Roaring Fork River. The correct well location is in Section 13, T. 7 S., R. 88 W. of the 6th P.M. at a point 1570 from the east section line and 2280 feet from the south section line. The incorrect location has been included in the following decrees: 80 CW 552 Conditional underground water right and summer augmentation plan, 82 CW 45 Modification of summer augmentation plan, 82 CW 96 Winter augmentation plan, 85 CW 213 Diligence, 89 CW 107 Diligence, 90 CW 102 Amendment of augmentation plan, 95 CW 241 Diligence and to make part absolute. Applicant seeks to correct the location of the Hawk Ridge Well No. 1 water right now, and for purposes of all previous decrees. Applicant has concurrently submitted an Application for Well Location Amendment and Amended Statement of Beneficial Use to the Colorado State Engineer’s Office. The application contains a map and an outline of the work done to put the water right to beneficial use (5 pages plus exhibits).
94. 98CW011 MESA COUNTY - EAST SALT CREEK. Linda Deaton & Gilbert Angelotti; 140 Sunset Drive; Fruita, CO 81521 970-858-4201. Deaton Diversion 1 & 2 - Amended application for Water Rights (Surface). Location: N1/2SW1/4NW1/4 Sec. 22, T. 9 S., R. 103 W., 6th P.M. Appropriation: February 4, 1998. Amount: 0.75, conditional. Use: irrigation, two ponds, garden, landscape tree and shrub operation, wildlife habitat development and fire protection. Pond #1 is a 0.5 acre pond that is being developed in cooperation with the National Conservation Resource Service. This pond to be filled and refilled - uses: water storage and development of water fowl habitat. Pond #2 is approximately 0.5 acre and will be used in much the same way - it will be deeper and store more water which applicant feels can be accessed in case of fire. (6 pages)
95. 98CW133 GUNNISON COUNTY - CRYSTAL RIVER; Larry and Dana Darien, c/o Nathan A. Keever, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; First Amended Application for Underground Water Right, Storage Water Right, Surface Water Right and Approval of Plan for Augmentation; Applicants amend their original application to change the description of the storage water right requested for the Darien Pond, to change the name and description of the filling ditch for that structure, and to add storage to offset pond evaporation as part of the plan for augmentation. The information relevant to the changed portions of the application is as follows: Application for Storage Water Right: Name of Reservoir: Darien Pond; Location: NW¼SE¼ of Section 20, T11S, R88W, 6th P.M., at a point which is 2,100 feet north of the south section line and 1,800 feet west of the east section line of said Section 20; Source: Rapid Creek, tributary to the Crystal River, tributary to the Roaring Fork River, tributary to the Colorado River; Date of Appropriation: December 15, 1998; Amount: 0.75 acre-feet, absolute, with the right to fill and refill in priority; Use: augmentation; Application for Surface Water Right: Name of Ditch: Prospect Ditch - Darien Enlargement; Location: NW¼SE¼ of Section 20, T11S, R88W, 6th P.M., at a point which is 2,000 feet south of the north section line and 1,825 feet west of the east section line of said Section 20; Source. Rapid Creek, tributary to the Crystal River, tributary to the Roaring Fork River, tributary to the Colorado River; Date of Appropriation: December 15, 1998; Amount: 1.0 c.f.s., absolute; Use: augmentation through filling of the Darien Pond for that use. Application for Approval of Plan for Augmentation: Name of Structure to be Augmented: Darien Well; Water Right(s) to be Used for Augmentation: Water stored in priority in the Darien Pond; Consumptive Uses: Commercial (In-House) Use: The Inn will have 7 guest bedrooms with a maximum occupancy of 14 guests per day, and an operators’ unit to be occupied year-round by two people. Projected water demand for the guests is 50 gallons per guest per day, and projected demand for the operators is 75 gallons per person per day. Total annual demand for the Inn equals 0.95 acre-feet (rounded to 1.0 acre-feet for the purposes of this plan for augmentation). Wastewater treatment will be provided by a non-evaporative septic sewer system. Net consumptive use of water at the Inn will be 10% of diversions. Maximum annual consumptive use: 0.10 acre-feet. Storage to Offset Pond Evaporation: Applicant will periodically store water in the Darien Pond as necessary to offset evaporative losses from the pond surface. The maximum annual evaporative depletion from the 0.14 surface acre pond equals 0.35 a.f. Statement of Plan for Augmentation: The Inn will include 7 guest bedrooms (two people per guest bedroom), as well as an operators’ unit to be occupied by two people. Water will be supplied to the Inn from the Darien Well described above. Water stored in priority in the Darien Pond will be held for future release for augmentation purposes during periods when the Darien Well is out of priority. In addition, in order to maintain a full augmentation supply, Applicants will periodically store water in the Darien Pond as necessary to offset evaporative losses from the pond surface, and may do so during periods of call. This plan for augmentation will also replace out of priority storage resulting from that practice. (12 pages) DECEMBER 1998 RESUME WATER DIVISION 5 Page 80
96. 98CW139 RIO BLANCO COUNTY, WHITE RIVER, TRIBUTARY THIRTEEN MILE CREEK. RED NAPE TERCEL LLC, Steve A. Robison, Manager, c/o Frank G. Cooley, Attorney at Law, P. O. Box 98, Meeker, CO 81641, 970-878-5065. SECOND AMENDED APPLICATION FOR WATER RIGHTS. All structures in Section 32, T2S, R94W, 6th P.M., Fourteen Mile Ranch, Lot 4. ROBISON DITCHES consisting of the following structures. Legal description: Twelvemile Little Ditch, 2,350 feet East of West Line, 1,751 feet North of South Line, NE1/4SW1/4; Source, Twelvemile Creek; Amount claimed: .21 c.f.s.; Thirteen Mile Little Ditch: 2,501 feet East of West Line, 1,490 North of South Line, NE1/4SW1/4; Source Thirteen Mile Creek; Amount claimed: .32 c.f.s.; Twelve Thirteen Little Ditch: 2,350 feet East of West Line, 1,498 feet North of South Line, NE1/4SW1/4, Source: Thirteen Mile Creek; Amount Claimed: .58 c.f.s. Uses for the three ditches: Domestic, livestock, wildlife, firefighting, irrigation and industrial. Date of initiation of Appropriation: December 6, 1998. ROBISON WATER SYSTEM, consisting of the following structures. Legal description: Robison Pond: 1,907 feet from East Line, 1,623 feet from South Line, NW1/4SE1/4; Amount claimed: 0.1 acre foot, surface. Uses: Stockwater, wildlife, Absolute. Other uses, conditional. Robison Pipeline: 1,907 feet from East Line, 1,623 feet from South Line, NW1/4SE1/4; Amount claimed: 100 g.p.m. Uses: Domestic, conditional. T. J. Pond 2,573 feet from East Line, 1,439 feet from South Line, NW1/4SE1/4; Amount Claimed: 0.5 acre foot, surface, 2.5 acre feet storage. Uses: Stockwater, wildlife, fishing, Absolute. Other uses, conditional. Water Supply Well: 2,260 feet from West Line, 580 feet from South Line, SE1/4SW1/4; Amount Claimed: .033 c.f.s. All uses: conditional. Water Supply Pond: 2,260 feet from West Line, 580 feet from South Line, SE1/4SW1/4; Amount Claimed: 0.5 acre foot surface. All uses, conditional. Water Supply Plant and Pipeline (Storage): 2,260 feet from West Line, 580 feet from South Line, SE1/4SW1/4. Amount Claimed: 2.5 acre feet. All uses, conditional. Hillside Pond 1,026 feet from West Line, 1,877 feet from South Line, NW1/4SW1/4; Amount Claimed: 0.1 acre foot, surface; 0.3 acre foot, storage. Uses: Stockwater and wildlife, Absolute. Other uses, conditional. Nichole Pond 1,274 feet from West Line, 1,269 feet from South Line, SW1/4SW1/4. Amount claimed: 0.3 acre foot, surface; 1.0 acre foot, storage. Uses: Stockwater and wildlife, Absolute. Other uses, conditional. (Thirteen Mile Seep Area 1,670 feet from West Line, 656 feet from South Line, SE1/4SW1/4. Amount Claimed: .0005 c.f.s. All uses, conditional. Source: The source of water for all structures is Thirteen Mile Creek and its tributaries, including Twelvemile Creek, tributary to Piceance Creek, tributary of the White River. Appropriation: August 12, 1998, for all structures, except that T. J. Pond has exisited since the ice age, and Hillside Pond and Nichole Pond have existed since June 1, 1953. Beneficial use: Robison Pond has been in use since the ice age. Hillside Pond and Nichole Pond have been in use since June, 1953. All other uses and structures have not yet been constructed or utilized. All structures on land of Applicant. (7 pages)
97. 98CW183 Eagle County; West Lake Creek, Lake Creek and the Eagle and Colorado Rivers. Pilgrim Downs Homeowners Association, c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. First Amended Application for Change of Water Right and Application for Amendment to Plan for Augmentation. All portions of the original Application not amended herein shall remain as set forth in said Application. Paragraph 6 of the First Claim and Paragraph 3 of the Second Claim are amended as follows: Remarks: The proposed point of diversion is located on Lot 8B of the BBK Subdivision, according to the plat thereof recorded in Book 558 at Page 364 in the Office of the Clerk and Recorder of Eagle County, Colorado. Dennis and Gail Mathisen, the owners of Lot 16, Filing 8 of the Pilgrim Downs Subdivision have obtained an easement recorded as Reception No. 671335 in the Office of the Clerk and Recorder of Eagle County, from Howard and Shirley Katzman, the owners of Lot 8B of the BBK Subdivision, to locate Well No. V on Lot 8B of the BBK Subdivision. The well was intended and will continue to provide a domestic water supply for Lot 16 pursuant to the plan for augmentation decreed in Case No. 87CW152. (3 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 1999 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only 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: $45.00) PEGGY JORDAN, Water Clerk, Water Division 5; 109 8th Street, Suite 104; Glenwood Springs, CO 81601.