DISTRICT COURT, WATER DIVISION NO. 2, COLORADO --------------------------------------------------------------------------------------------------------- RESUME OF CASES FILED DURING DECEMBER 2000 --------------------------------------------------------------------------------------------------------- TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications, and certain amendments, filed during December 2000, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: --------------------------------------------------------------------------------------------------------- CASE NO. 97CW108 – HARRY R. WILLIS, BARBARA ANDREATTA, ELIZABETH KREUTZER, THE WILLIS FAMILY LIMITED PARTNERSHIP, c/o 1370 County Road 358, La Veta, CO 81055-9600 and TRAVIS R. CRAWFORD, 4775 Broadlake View, Colorado Springs, CO 80903 (Holly I. Holder and Carrie L. Ciliberto, Holly I. Holder, P.C., Attorneys for Co-Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership, 518 17th Street, Suite 1500, Denver, CO 80202; and James G. Felt and James W. Culichia, Felt, Monson & Culichia, LLC, Attorneys for Co- Applicant Crawford, 319 North Weber Street, Colorado Springs, CO 80903) Third Amended Application for Change of Water Right and Approval of Plan for Augmentation Huerfano County Come now, Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership, by and through their attorneys, Holly I. Holder, P.C., and hereby amend the application filed September 30, 1997, and amended on April 20, 1998 and June 16, 1998 as follows: 1. Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership hereby add Travis R. Crawford as Co-applicant in this matter. As such, Mr. Crawford will seek an Order of the Court withdrawing his Statement of Opposition filed in this case and in Case No. 97CW108(C). 2. Applicants also seek to add the following wells as structures to be augmented: Test Hole 1 Well, located in the E½ of Section 26, Township 28 South, Range 68 West of the 6th P.M. in Huerfano County, Colorado, being 1,183.05 feet west of the east section line and 935.42 feet north of the south section line, as well as any other wells Co-applicants may desire on land owned by Silver Mountain Preserve, Inc., a corporation of which Travis R. Crawford is the president, which land is more particularly described on Exhibit A attached to the Third Amended Application and available for inspection at the Office of the Clerk for Water Division No. 2. 3. All other matters remain the same as shown in the September 1997, April 1998 and June 1998 resumes for Water Division 2. WHEREFORE, Applicant prays that this Court enter a decree for the relief requested in this amended application and for such further relief as the Court deems proper in the premises. 1 (Third Amended Application for Change of Water Right and Approval of Plan for Augmentation, 10 pages) --------------------------------------------------------------------------------------------------------- CASE NO. 99CW178 – KURT H. WESTMAN, 10630 W. Perimeter Road, Suite 100, Ft. Wayne, IN 46809 (Brian M. Nazarenus, Friedlob Sanderson Paulson & Tourtillott, Attorneys for Applicant, 1400 Glenarm Place, Suite 300, Denver, CO 80202-5099) Amended Application for Conditional Appropriative Water Rights, Application for Change of Water Rights, and Amended Claim for Plan for Augmentation Fremont County Kurt H. Westman, acting by and through his attorneys, Friedlob Sanderson Paulson & Tourtillott, LLC, amends his application in the above-captioned case as follows: I. EXPLANATION OF AMENDMENTS In December 1998, Kurt Westman filed an amended application with the Division 2 Water Court for conditional water storage rights in case no. 98CW170. That application seeks to appropriate conditional water storage rights for two small reservoirs for recreation, fish propagation and piscatorial purposes. The application seeks to use water from Banita Creek, a tributary of Howard Creek, which is a tributary of the Arkansas River. A second application was filed by Kurt Westman in December of 1999, seeking approval of a plan for augmentation and conditional appropriative right of exchange in case no. 99CW178. The second application sought to adjudicate an exchange and plan for augmentation for the water rights that are the subject of 98CW170. Kurt Westman has subsequently purchased a senior water right on Howard Creek. This senior right will provide a more reliable water supply for Mr. Westman’s reservoirs. Accordingly, Mr. Westman amends his application in case no. 99CW178 to include a claim for a change of water rights and to enable the use of Mr. Westman’s recently acquired senior water rights as a source of substitute supply in case no. 99CW178. II. AMENDMENTS 1. FIRST CLAIM – Application for Change of Water Rights. 1.1 DECREED NAME AND DESCRIPTION OF WATER RIGHTS FOR WHICH CHANGE IS SOUGHT. The water right sought to be changed is an undivided 0.2 cfs interest out of 1.0 c.f.s. in Howard Creek Priority No. 1 (a.k.a. the Gomer Ditch, Arkansas Priority No. 86), being Ditch No. 95 in the decree of the District Court in and for the County of Fremont, State of Colorado, in the matter of priorities of water rights in Water District No. 12. The appropriation date of the water right is April 1, 1872, and the right was decreed by the Fremont County District Court on February 3, 1894. The water right was historically used for irrigation purposes and the source of the water right is Howard Creek, a tributary of the Arkansas River. The point of diversion of the water right is generally located in the Northeast ¼ of Section 3, Township 48 North, Range 10 East, N.M.P.M. 1.2 ENGINEERING ANALYSIS OF HISTORIC CONSUMPTIVE USE Martin and Wood Water Consultants, Inc., have analyzed the historic consumptive use 2 attributable to the Howard Creek Priority No. 1. Based on diversion records, interviews with the owner of the Howard Creek Priority No. 1, and aerial photography dating back to 1938, Martin and Wood have concluded that the historic consumptive use of the 0.2 cfs purchased by Kurt Westman totaled 8.62 acre feet annually. 1.3 PROPOSED CHANGE The Applicant is the owner of the Trail Ridge Ranch in Fremont County, Colorado. In order to enhance the fishing opportunities on the Ranch, the Applicant is preparing to construct two in- stream ponds on Banita Creek as it passes through the Ranch. Banita Creek is a tributary of Howard Creek, a tributary of the Arkansas River. For purposes of this application, the ponds will be known as “Trail Ridge Pond No. 1” and “Trail Ridge Pond No. 2”. 1.3.1 Trail Ridge Pond No. 1. Trail Ridge Pond No. 1 will have a storage capacity of 0.87 acre-feet and is located at a point where the west abutment of the centerline of the dam is a distance of 670.6 feet from the 1/64 corner of the Northeast ¼ of the Southwest ¼, Section 12, Township 48 North, Range 9 East, N.M.P.M. on a bearing of North 43° 11’15” East. 1.3.2 Trail Ridge Pond No. 2. Trail Ridge Pond No. 2 will have a storage capacity of 0.85 acre-feet and is located at a point where the west abutment of the centerline of the dam is a distance of 232.4 feet from the intersection of the center-lines of the Southwest ¼ and the Southeast ¼ of the Northeast ¼ of Section 12, Township 48 North, Range 9 East, N.M.P.M.. on a bearing of South 81°47’04” West. 1.3.3 Mains Ditch. The point of diversion for the Mains Ditch is located on the west side of Howard Creek in the Northeast ¼ of the Northwest ¼ of Section 13, Township 48 North, Range 9 East, N.M.P.M. The Applicant seeks to change the place and type of use of 0.2 c.f.s. of the Howard Creek Priority No. 1 from the Gomer Ditch to the Trail Ridge Ponds No. 1 and No. 2 for recreation, fish propagation, and piscatorial purposes. In addition to directly storing Banita Creek Water in the ponds under the changed water rights, the Mains Ditch, which diverts water from Howard Creek and delivers it to Banita Creek, may be used to divert water from Howard Creek under the changed water rights in order to fill Trail Ridge Ponds No. 1 and No. 2. Applicant seeks the right to use the consumptive use credit attributable to the changed right as a source of substitute supply for its pending application for an appropriative right of exchange, and for the plan for augmentation described in Section 2 below. Applicant seeks the right to sell or lease excess consumptive use credits beyond those necessary to offset or augment depletions attributable to Trail Ridge Ponds Nos. 1 and 2, subject to filing an application and receiving Water Court approval of the new use. 1.4 PROPOSED TERMS AND CONDITIONS FOR THE CHANGE OF HOWARD CREEK PRIORITY NO. 1 WATER RIGHTS. Water under the Applicant’s 0.2 cfs of Howard Creek Priority No. 1 shall be used to fill and maintain the storage levels of the Trail Ridge Ponds Nos. 1 and 2 under the following conditions: 1.4.1 Diversions. Diversions under the 0.2 cfs of the changed Howard Creek Priority No. 1 shall be operated in priority. 1.4.2 Colorado Water Conservation Board. Diversions shall be made only at times when the flow of Howard Creek exceeds the decreed minimum stream flow water rights of the Colorado Water Conservation Board decreed in case no. 3 80CW073. 1.4.3 Monthly Diversion Rates and Volumes.