DIVISION 5 WATER COURT- JULY 2018 RESUME 1. PURSUANT … · Applicant: Crystal River County Estates...

DIVISION 5 WATER COURT- JULY 2018 RESUME

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES

COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER

CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2018.

18CW11 (CA 1277) SUMMIT COUNTY. CATARACT CREEK, A TRIBUTARY OF THE BLUE RIVER, TRIBUTARY TO

THE COLORADO RIVER. Knorr Lakeside Ranch, LLC c/o Helen Keim; 5234 C.R. 30; Silverthorne, CO 80498 (970)724-3500 and

Karen Foster; 4377 Espirit Dr., Ft. Collins, CO 80524 (970)214-9290. Application for Simple Change in Point of Diversion- Cataract

Creek No. 2 Ditch to Westlake Ditch. Cataract Creek No. 2 Ditch-UTM: E389916 N4412763 Z13 SW¼SW¼ of Sec. 19, T.2S, R.79W.

of the 6th P.M. 701 ft. from the south sec. line and 613 ft. from west sec. line. Amount: 2.0 c.f.s., absolute. Westlake Ditch – E389919

N4412670 Z13 SW¼SW¼ of Sec. 19, T.2S, R.79W. of the 6th P.M. 397 ft. from the south sec. line and 627 ft. from the west sec. line.

Amount: 16.07 c.f.s., absolute. Appropriation and use for both structures: June 1, 1889, irrigation. Applicant requests a simple change

in point of diversion pursuant to C.R.S. § 37-92-305(3.5) to change the decreed point of diversion for the water rights associated with

Cataract Creek No. 2 Ditch to the Westlake Ditch point of diversion. The lands to be irrigated, through the use of a lateral off of the

Westlake Ditch, are the same lands historically irrigated under Cataract Creek No. 2 Ditch and include pasture/meadows below the

Knorr house, the barnyard and corrals. There are no intervening water rights situated on Cataract Creek between the points of diversion

for the Cataract Creek No. 2 Ditch and the Westlake Ditch. Applicant proposes to install a measurement flume in the proposed lateral.

An outline of the history of the water rights decreed to the Westlake Ditch is included in the application. No change is proposed to the

existing water rights decreed for Westlake Ditch. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of

SEPTEMBER 2018 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application

should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must

also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the

Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th

Street, Suite 104 Glenwood Springs, CO 81601.



CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2018. The water right claimed by this application may

affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to

object and protest within the time provided by statute, or be forever barred.

18CW3097 PITKIN COUNTY, COLORADO, Application for a Simple Change in Surface Point of Diversion Pursuant to C.R.S. §

37-92-305(3.5) or, in the Alternative, for a Correction for an Established but Erroneously Described Point of Diversion Pursuant to

C.R.S. § 37-92-305(3.6). Applicant: Crystal River County Estates Water Company, c/o Kelcey C. Nichols, Wood Nichols, LLC, 201

Main St. Suite 301, Carbondale, CO 81623, (970) 963-3800 and Peter D. Nichols, Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl

Street, Boulder, Colorado 80302, 303-402-1600, [email protected]. Name of structure: Johnson Ditch. Type: Ditch/Spring. Date of

Original Decree: October 24, 1952. Case No.: 4033, District Court, Garfield County, Colorado. Legal description: The headgate is

located on the Northerly bank of Johnson Gulch, at a point whence the quarter corner between Sections 9 and 10, Township 9 South,

Range 88 West, 6th P.M., bears N 15° 30’ E 3795 feet. Decreed source of water: Johnson Gulch, a tributary of the Crystal River.

Appropriation date: June 12, 1910. Total amount decreed to structure: 3.3 c.f.s. absolute. Decreed uses: Irrigation, domestic and other

beneficial uses. Amount of water decreed: 3.3 c.f.s. absolute. Location of the new or corrected surface point of diversion: A point in

the SE1/4 NE1/4 of Section 16, Township 9 South, Range 88 West of the 6th P.M., at a point 1,535 feet from the north section line and

465 feet from the east section line of said Section 16 (UTM X = 308918.48, UTM Y = 4350534.82). Land Ownership: U.S. Forest

Service. The Application contains a detailed description of the proposed change in point of diversion. The change in diversion point

will not cause an enlargement of the historical use associated with the Johnson Ditch water right. Applicant seeks a decree changing

the point of diversion.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2018 to file with the Water Clerk a

verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted

in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s

attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing

Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.






18CW3098 GARFIELD COUNTY. Application for Finding of Reasonable Diligence. Applicant: Timothy G. Smith and Shannon

L. Lochnikar-Smith, 1225 County Road 226, Rifle, Colorado 81650. Attorney for Applicant: John T. Howe, Hoskin, Farina & Kampf,

Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. Prior Decree: Case No. 2011CW189,

July 8, 2012. Name of Structure: Whiskey Gulch Spring. Source: an unnamed tributary to Dry Rifle Creek, tributary to East Rifle

mailto:[email protected]

JULY 2018 RESUME

WATER DIVISION 5 PAGE 2

Creek, tributary to Rifle Creek, tributary to the Colorado River. Location: NE¼SE¼ of Section 3, Township 5 South, Range 92

West of the 6th P.M., 2,652 feet from the South section line and 1,385 feet from the East section line. Uses: irrigation (3 acres direct

irrigation and 6 acres supplemental irrigation), stock watering, wildlife use consistent with a pond and piscatorial purposes, all

conditional. Appropriation Date: September 15, 2009. Quantity: .200 c.f.s. Applicant requests a finding of reasonable diligence for the

conditional rights decreed to the Whiskey Gulch Spring. The application contains a detailed description of the work performed during

the diligence period.











18CW3099 (12CW14, 04CW171) McCullough Gulch Reserve Lot Owners’ Association, c/o Angela Abeler, 9249 South Broadway

Boulevard, Suite 200-164, Highlands Ranch, CO 80129, Phone Number: 303-339-0188, E-Mail: [email protected]. Attorneys:

Peggy E. Montaño and Michael A. Kopp of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone:

303-861-1963, E-mail: [email protected] and [email protected]. CONCERNING THE APPLICATION FOR WATER

RIGHTS OF McCULLOUGH RESERVE LOT OWNERS’ ASSOCIATION, IN THE BLUE RIVER OR ITS TRIBUTARIES,

IN SUMMIT, COUNTY, COLORADO. 1. Name, Address, Telephone Number, and E-mail of Applicant: See above. 2. Names,

Locations and Description of Conditional Water Rights: A. McCullough Gulch Reserve Well No. 5. i. Original Decree: Case No.

04CW171, Water Division No. 5 (February 22, 2006). ii. Diligence Decree(s): Case No. 12CW14, Water Division No. 5 (July 8, 2012).

iii. Legal description: McCullough Gulch Reserve Well No. 5 has not been completed. As decreed in Case No. 04CW171, the legal

description of the lot on which this well will be installed and used is depicted in Exhibit A attached to the Application and described as

follows: A tract of land located primarily in the NW1/4 SW1/4 of unsurveyed Section 30, T7S, R77W, Sixth P.M. in the Town of Blue

River, Summit County, Colorado, being a portion of the Dot Placer, USMS No. 13358, said tract being more particularly described as

follows: Beginning at a point on the 4-1 line of said Dot Placer, whence corner 1 bears N19°07’40”E 80.70 feet distant; thence

S64°08’08”E a distance of 1245.18 feet to a point on the Westerly right-of-way line of Colorado State Highway 9; thence S29°59’10”W

along said right-of-way line a distance of 526.03 feet; thence continuing along said Westerly right-of-way line 39.97 feet along the arc

of a curve to the right, having a central angle of 00°25’34” and a radius of 5374.21 feet; thence N70°55’53”W a distance of 1129.69

feet to a point on said 4-1 line of the Dot Placer; thence N19°07’40”E along said 4-1 line a distance of 703.00 feet the point of beginning,

containing 17.19 acres, more or less. This location can also be described as: Lot 5, McCullough Gulch Reserve, according to the Plat

filed June 28, 2005 under Reception No. 793405, County of Summit, State of Colorado. iv. Source: Groundwater tributary to the Blue

River, tributary to the Colorado River. v. Appropriation date. December 18, 2001. vi. Amount: 15 gpm instantaneous production, 0.33

acre-feet per year total production, and 0.04 acre-feet per year consumptive use (conditional). ii. Use: In-house domestic purposes only.

Domestic wastewater shall be processed in on-site septic/leach field systems. viii. Depth: McCullough Gulch Reserve Well No. 5 has

not been completed. B. McCullough Gulch Reserve Well No. 6. i. Original Decree: Case No. 04CW171, Water Division No. 5 (February

22, 2006). ii. Diligence Decree(s): Case No. 12CW14, Water Division No. 5 (July 8, 2012). iii. Legal description: McCullough Gulch

Reserve Well No. 6 has not been completed. As decreed in Case No. 04CW171, the legal description of the lot on which this well will

be installed and used is depicted in Exhibit B attached to the Application and described as follows: A tract of land being a portion of

the Dot Placer and a portion of the’97 Placer, both USMS 13358, located primarily in the NW1/4 SW1/4 of unsurveyed Section 30 ,

T7S, R77W, Sixth P.M., in the Town of Blue River, Summit County, Colorado, said tract being more particularly described as follows:

Beginning at Corner No. 1 of said Dot and ‘97 Placers, thence N17°55’35”E along the 1-4 line of said ‘97 Placer a distance of 162.30

feet; thence S72°18’56”E a distance of 1321.41 feet to a point on the Westerly right-of-way line of Colorado State Highway 9; thence

S29°59’10”W along said Westerly right-of-way line a distance of 430.00 feet; thence N64°08’08”W a distance of 1245.18 feet to a point

on the 4-1 line of said Dot Placer; thence N19°07’40”E along said 4-1 line a distance of 80.70 feet to the point of beginning, containing

9.81 acres, more or less. This location can also be described as: Lot 6, McCullough Gulch Reserve, according to the Plat filed June 28,

2005 under Reception No. 793405, County of Summit, State of Colorado. iv. Source: Groundwater tributary to the Blue River, tributary

to the Colorado River. v. Appropriation date. December 18, 2001. vi. Amount: 15 gpm instantaneous production, 0.33 acre-feet per

year total production, and 0.04 acre-feet per year consumptive use (conditional). vii. Use: In-house domestic purposes only. Domestic

wastewater shall be processed in on-site septic/leach field systems. viii. Depth: McCullough Gulch Reserve Well No. 6 has not been

completed. C. McCullough Gulch Reserve Well No. 7. i. Original Decree: Case No. 04CW171, Water Division No. 5 (February 22,

2006). ii. Diligence Decree(s): Case No. 12CW14, Water Division No. 5 (July 8, 2012). iii. Legal description: McCullough Gulch

mailto:[email protected]

JULY 2018 RESUME


Reserve Well No. 7 has not been completed. As decreed in Case No. 04CW171, the legal description of the lot on which this well will

be installed and used is depicted in Exhibit C attached to the Application and described as follows: A tract of land being a portion of

the ‘97 Placer, USMS 13358 located primarily in NW1/4 SW1/4 of unsurveyed Section 30, T7S, R77W, Sixth P.M., in the Town of

Blue River, Summit County, Colorado, said tract being more particularly described as follows: Beginning at a point on the 1-4 line of

said ‘97 Placer, whence corner 1 of said Placer bears S17°55’35”W 162.30 feet distant; thence N17°55’35”E along said 1-4 line a

distance of 53.52 feet to the Southwest corner of Lot 9 of the 97’ South Subdivision a platted subdivision in said Town of Blue River;

thence S72°04’25”E a distance of 401.65 feet to the SE corner of said Lot 9; thence N29°02’03”W a distance of 291.12 feet to the NE

corner of said Lot 9, also being a point on the right-of-way line of Aspen Meadow Circle a platted right-of-way; thence 157.08 feet

along said right-of-way line and along the arc of a curve to the left, having a central angle of 180°00’00”, a radius of 100.00 feet and a

chord which bears N21°00’00”E 100.00 feet distant; thence N21°00’00”E continuing along said right-of-way line a distance of 1.46

feet to the SW corner of Lot 8, said ‘97 South Subdivision; thence S72°04’25”E along the South line extended of said Lot 8, 97’ South

Subdivision a distance of 1188.09 feet to a point on the Westerly right-of-way line of Colorado State Highway 9; thence Southerly along

said right-of-way line 122.53 feet along the arc of a curve to the right, having a central angle of 12°13’50”, a radius of 574.01 feet and

a chord which bears S23°52’15”W 122.30 feet distance; thence S29°59’10”W continuing along said right-of-way line a distance of

231.36 feet; thence N72°18’56”W a distance of 1321.41 feet to the point of beginning, containing 8.83 acres, more or less. This location

can also be described as: Lot 7, McCullough Gulch Reserve, according to the Plat filed June 28, 2005 under Reception No. 793405,

County of Summit, State of Colorado. iv. Source: Groundwater tributary to the Blue River, tributary to the Colorado River. v.

Appropriation date. December 18, 2001. vi. Amount: 15 gpm instantaneous production, 0.33 acre-feet per year total production, and

0.04 acre-feet per year consumptive use (conditional) vii. Use: In-house domestic purposes only. Domestic wastewater shall be

processed in on-site septic/leach field systems. viii. Depth: McCullough Gulch Reserve Well No. 7 has not been completed. 3. Detailed

Description of Work Performed to Complete the Appropriation and Application of Water to a Beneficial Use: A. The water

rights that are the subject of this Application serve three lots in a seven-lot subdivision in Summit County, Colorado. During the

diligence period, Lots 5 and 7 were sold by McCullough Gulch Reserve, L.L.C. to their current owners. B. Also during the diligence

period, the owners of lots in the subdivision formed a Lot Owners’ Association (“LOA”), organized pursuant to Colorado law. The

owners of Lots 5, 6 and 7 then transferred ownership of the subject water rights to the LOA to centralize administration and maintenance

of the rights. C. During the diligence period, the owners of Lot 5 began constructing a residence on Lot 5. They also obtained a permit,

Permit No. 81294-F, to construct Well No. 5. They have expended approximately $600,000 to date on construction of the Lot 5

residence. Construction of the Lot 5 residence and Well No. 5 is expected to be complete by November 2018. D. During the diligence

period, the lot owners and LOA as their successor in interest have expended approximately $11,971 to maintain water leases with the

Vidler Water Company to provide augmentation water for the wells in this Application. E. During the diligence period, the LOA

expended approximately $6,320 in legal fees to transfer ownership of the water rights and obtain advice on compliance with

administrating and reporting requirements for the water rights. 4. Name(s) and address(es) of owner(s) or reputed owners of the

land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure

is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Lot 5:

Peter J. Stein and Pauline L. Stein, 200 Hollywood Drive, Coppell, Texas 75019; Lot 6: McCullough Gulch Reserve L.L.C., 50 Marland

Road, Colorado Springs, Colorado 80906, Lot 7: Stephen Wayne Grant, Jr., 747 Arlington Street, Houston, Texas 77007.

WHEREFORE, McCullough Gulch Reserve Lot Owners’ Association respectfully requests that the Court enter a finding of reasonable

diligence with respect to the conditional water rights referenced herein, and order that such rights continue in full force and effect for an

additional six-year diligence period or until such time as a determination is made that such water rights have been made absolute.

Applicant does not intend to abandon any of the water rights decreed in Case Nos. 04CW171 and 12CW14 and requests in this

Application a finding of diligence for all water rights decreed in Case Nos. 04CW171 and 12CW14. (7 pages)











18CW3100 GRAND COUNTY-COLORADO RIVER OR ITS TRIBUTARIES. Name and address of applicant: Craig Dethmers

and Jennifer Dethmers, 2515 S. Josephine Street, Denver, CO 80210, 970-672-8664, c/o Kent H. Whitmer of The Whitmer Law Firm,

LLC, PO Box 38, Hot Sulphur Springs, CO 80451, 970-725-3460. APPLICATION FOR FINDING OF REASONABLE DILIGENCE

FOR AUGMENTATION PLAN INCLUDING EXCHANGE AND FINDING OF REASONABLE DILIGENCE FOR

JULY 2018 RESUME


UNDERGROUND WATER RIGHT. Name of Structure: Dethmers Well Nos. 1 and 2. Location: Dethmers Well No. 1: SE1/4SE1/4

Section 22, Township 3 North, Range 76 West, 6th P.M. Distance from Section Lines: 330 feet from South Section line and 990 feet

from East Section line. Dethmers Well No. 2: SE1/4SE1/4 Section 22, Township 3 North, Range 76 West, 6 th P.M. Distance from

Section lines: 166 feet from South Section line and 853 feet from East Section line. Source: Groundwater tributary to Soda Creek,

tributary to Granby Reservoir, tributary to Colorado River. Date of Appropriation: January 12, 2011. Amount: 15 gallons per minute,

conditional, each well, annual diversion limited to .784 acre foot. Use: In-house use only limited to 2 single family residences. Type of

Structure: Wells. Decree: July 22, 2012, 11CW52. PLAN FOR AUGMENTATION INCLUDING EXCHANGES: Name and location

of structures to be augmented: Dethmers Well Nos. 1 and 2. Depth: Dethmers Well No. 1: 235 feet, No. 2: Unknown. Amount of water

claimed: 15 gpm each well. Use: In-house. Water rights which will be used as a source of exchange water: The Middle Park Water

Conservancy District has approved a Water Allotment Contract to provide Applicant the right to an annual entitlement of 0.2 af of water

from the Windy Gap Project, Granby Reservoir, decreed CA 1768 and 85 CW135. Applicants may also use a portion of Wolford

Mountain Reservoir storage right adjudicated in Case No. 87CW283. Additional Information: The application contains detailed

information regarding the augmentation plan including exchange involving Granby Reservoir and Wolford Mountain Reservoir. Date

of appropriation for exchange: January 12, 2011. (27 pages)











18CW3101 SUMMIT COUNTY. TEN MILE CREEK, TRIBUTARY OF BLUE RIVER. Application for Finding of Reasonable

Diligence and to Make Absolute, in Part. Applicant: Powdr - Copper Mountain LLC, c/o Scott Grosscup, Balcomb & Green, P.C., P.O.

Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Tenmile Creek Pipeline, First Enl. Info. from previous decrees:

Orig. Decree: Case No. 98CW308, 7/26/1999 Dist. Court, Water Div. 5, Colorado. Subsequent decree awarding diligence: Case No.

05CW132, 12/29/2005, Case No. 11CW179, 7/8/2012, Dist. Court, Water Division No. 5. Legal Desc: The pipeline is located in the

NE1/4, NW1/4, Sec. 32, T. 6 S., R. 78 W., 6th P.M., at a pt. whence the NW corner of said Sec. 32 bears N. 870' W. a dist. of 2,220 ft.

That pt. also can be described as located in the NE1/4, NW1/4, Sec. 32, T. 6 S., R. 78 W., 6 th P.M. at a pt. 2,196.3 ft. from the W. Sec.

Line and 139.4 ft. from the N. Sec. Line. Source: Ten Mile Creek, trib. of Blue River. Date of Approp.: 9/30/1998. Amt:6.1 cfs, cond.

A total of 7.5 cfs; 1.4 cfs is absolute, as decreed in Case No. 98CW308. Use: Snowmaking. A complete list of diligence activities and

expenditures is on file with this court. Claim to Make Absolute in Part. Applicant requests to make an additional 1.18 cfs absolute as

follows: Date water applied to beneficial use: 10/15/2013. Amt: 1.18 c.f.s. Use: Snowmaking. Place of Use: Copper Mountain. Summary

diversion records maintained by Applicant are attached as Exhibit B to app. Applicant provides monthly accounting to the Division

Engineer. Name of owner of the land upon which structures are located and where water has been applied to beneficial use: Tenmile

Creek Pipeline: United States of America, White River National Forest, Water Rights Department, 900 Grand Ave., Glenwood Springs,

Colorado 81601. 7 pgs.











18CW3102 (12CW2) (05CW98) (98CW82) (90CW277). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO,

109 8th Street, Suite 104, Glenwood Springs, CO 81601. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF

THE TOWN OF BRECKENRIDGE, IN THE BLUE RIVER AND ITS TRIBUTARIES IN SUMMIT COUNTY,

COLORADO.APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, and telephone number of

Applicant: Town of Breckenridge (the “Town”), c/o Town Manager, PO Box 168, Breckenridge, CO 80424, (970) 453-2251, Direct all

JULY 2018 RESUME


pleadings to: Glenn E. Porzak (#2793), Cassidy L. Woodard (#48824), Porzak Browning & Bushong LLP, 2120 13 th Street, Boulder

CO 80302. 2. Name of Structure: Barton Creek Diversion. 3. Description of conditional water right: (a) Original Decree: May 5,

1992, Case No. 90CW277, by the District Court in and for Water Division No. 5, State of Colorado (the “Water Court”), (b) Prior

Diligence Decrees: Previous decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos.

98CW82 on June 8, 1999, 05CW98 on January 30, 2006, and 12CW2 on July 22, 2012. (c) Decreed Location: The Barton Creek

Diversion is located in the NE¼ SW¼ of Section 26, Township 6 South, Range 78 West of the 6th P.M., Summit County, Colorado, at

a point in the South Barton Creek alluvium whence the SE corner of Section 35, Township 6 South, Range 78 West bears South 21°

East 8,250 feet. This point is 2,360 feet from the South section line and 2,150 feet from the West section line of said Section 26, as

shown on Exhibit A hereto. Without changing the decreed location, the UTM Coordinates are UTM Coordinates NAD 83, Zone 13,

Northing: 4372732, Easting: 407120. See Exhibit A. (d) Source: South Barton Creek, tributary to the Blue River, tributary to the

Colorado River. (e) Appropriation date: July 10, 1990. (f) Amount: 0.85 cfs (380 gpm), conditional. (g) Uses: Domestic, storage,

municipal, and commercial uses, including the irrigation of approximately 2 acres of lawn and garden. 4. Detailed outline of work done

to complete the project and apply water to beneficial use: The Town provides water service to customers in the upper Blue River Valley.

The subject water right is necessary to meet the Town’s demands for domestic, irrigation, recreation and other municipal uses within its

service area, as that area continues to expand. The Town’s needs for water, including the subject water right, is especially critical during

the winter ski season when peak demands necessitate providing water for the tourists, day skiers, second homeowners and the workers

who commute into the Town. As determined by the Water Court in Case No. 05CW98 and confirmed in Case No. 12CW2, the subject

water right is part of the Town’s integrated water supply system. Therefore, work completed on any part of the Town’s water supply

system shall be considered evidence of diligence toward the perfection of the subject water right. Evidence of the Town’s diligence

activities during the diligence period includes, but is not limited to, the following: A. The Barton Creek Diversion point is located near

the Town’s Peak 7 Water Treatment Plant. Since January 2013, the Town has spent approximately $230,000 to maintain the Peak 7

Water Treatment Plant in operating condition to ensure it is available in case of emergency. The expenses incurred thus far include

utilities, building maintenance, and preventative maintenances. B. In 2017, the Town engaged a structural engineer to conduct a repair

design for the Barton Creek Diversion’s concrete intake structure. Repairs will be performed in Fall of 2018. C. Since January 2013, the

Town has spent approximately $7.4 million on the development and construction of a second water treatment plant. In April 2018, the

Town commenced the construction of its new North Water Treatment Plant, which is essential to the Town’s ability to provide enough

water for future growth at full build-out. The expenses incurred thus far include costs for designing, engineering, surveying,

environmental testing, permitting, excavating, and constructing this treatment plant, together with associated legal fees. The Town also

adjudicated a water right and plan for augmentation for this treatment plant detailed in Paragraph 4(f) below. The North Water Treatment

Plant is expected to become fully operational in 2020. D. Since January 2013, the Town spent approximately $1.6 million on

improvements and construction on Goose Pasture Tarn, which is the Town’s primary source of storage water. Expenses incurred include

costs for engineering, construction, consulting, and pest remediation. E. The Town spent approximately $23,000 on its Water

Distribution Model to determine the use of water in connection with the Town’s current and future growth. F. The Town applied for

and received decrees for a number of water rights, including a finding of diligence and storage of 2,500 acre-feet of water from the

Goose Pasture Reservoir 1st Enlargement in McCain Reservoir (Case Nos. 13CW45 and 13CW47 decreed on September 11, 2014); a

conditional water right, a change of water right, and approval of a plan for augmentation and exchange for the Breckenridge Pipeline

and the Breckenridge Pipeline Enlargement, which cost approximately $222,000 in adjudicating the case (Case No. 13CW3094 decreed

on June 9, 2015); a diligence finding for the Blue River Well No. 3, First Enlargement (Case No. 15CW3048 decreed on January 24,

2016); an alternate point of diversion for the Swan River Water System on Gold Run Gulch to irrigate the Town’s golf course (Case

No. 15CW3121 decreed on June 5, 2016); a diligence finding and making of conditional water absolute for the Miners Creek Ditch

(Case No. 17CW3000 decreed on June 18, 2017); a diligence finding for its Breckenridge Pipeline, Swan River Water System, and

Swan River Reservoir Nos. 1, 2, and 4 (Case No. 17CW3180 decreed on May 26, 2018); and a pending application to make conditional

rights absolute for the Town’s Whitewater Park (Case No. 18CW3077). G. The Town has regularly monitored the filings of other water

users. It has filed statements of opposition to and has incurred legal and engineering costs in connection with, numerous cases to protect

its water rights. All of the foregoing work and expenditures are necessary prerequisites to applying the subject conditional water right

to the beneficial use for which it is decreed. 5. Ownership: The Barton Creek Diversion structure is located in the White River National

Forest on land owned by the United States of America, whose address as provided by Summit County records is c/o District Ranger,

PO Box 620, Silverthorne, CO 80498-0620. The local address for the USDA Forest Service White River National Forest provided by

the Forest Service is Dillon Ranger District, 680 Blue River Parkway, Silverthorne, CO 80498. WHEREFORE, the Town seeks a

finding that it has exercised reasonable diligence with respect to the Barton Creek Diversion identified in paragraphs 2-3 above, and

such other and further relief as this Court deems just and proper. (5 pages)






JULY 2018 RESUME







18CW3103 (14CW3047, 09CW97, 97CW305), DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 - 8th

Street, Suite 104, Glenwood Springs, CO 81601. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF VIDLER

WATER COMPANY, INC. IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. 1. Name, address and telephone number of applicant: Vidler Water

Company, Inc. (“Vidler”), 3480 GS Richards Blvd., Suite 101, Carson City, NV 89703, (775) 885-5000. Direct all pleadings to: Glenn

E. Porzak, Kevin J. Kinnear, Porzak Browning & Bushong LLP, 2120 13 th Street, Boulder, Colorado 80302, (303) 443-6800. 2. Name

of structures: A series of groundwater wells or infiltration galleries that divert groundwater tributary to the Blue River and its tributaries,

as follows: (A) Upper Blue River Wells: (i) Blue River from its headwaters in the vicinity of Lat. 39°21'30" North, Long. 106°03'30"

West downstream to the confluence with Dillon Reservoir in the SE/4 of Section 31, T. 5 S., R. 77 W., 6th P.M. (ii) Spruce Creek from

the headwaters at a natural lake at Lat. 39°53'53" North, Long. 106°24'53" West downstream to the confluence with the Blue River at

Lat. 39°26'32" North, Long. 106°02'13" West. (iii) Monte Cristo Creek from its headwaters in the vicinity of Lat. 39°23'00" North,

Long. 106°08'00" West downstream to its confluence with the Blue River at Lat. 39°23'13" North, Long. 106°03'08" West. (B) Swan

River Wells: (i) South Fork Swan River from its headwaters in the vicinity of Lat. 39°27'35" North, Long. 105°54'51" West downstream

to the confluence with the Middle Fork Swan River at Lat. 39°29'48" North, Long. 105°56'42" West. (ii) Middle Fork Swan River from

the headwaters in the NW/4 NW/4 of Section 23, T. 6 S., R. 76 W., 6th P.M. downstream to the confluence with the North Fork Swan

River at Lat. 39°30'46" North, Long. 105°56'48" West. (iii) North Fork Swan River from the headwaters in the vicinity of Lat. 39°33'00"

North, Long. 105°53'32" West downstream to the confluence with the Middle Fork Swan River at Lat. 39°30'46" North, Long.

105°56'48" West. (iv) Swan River from the confluence with Middle and North Forks Swan River at Lat. 39°30'46" North, Long.

105°56'48" West downstream to the confluence with the Blue River at Lat. 39°32'17" North, Long. 106°02'15" West. (C) Lower Blue

River Wells: from the outlet of Dillon Reservoir in the SE/4 NE/4 of Section 13, T. 5 S., R. 78 W., 6th P.M. to the inlet of Green

Mountain Reservoir in the SE/4 NW/4 of Section 34, T. 2 S., R. 79 W., 6th P.M. 3. Description of conditional exchange: (A) Decree:

Judgment and Decree, Case No. 97CW305 entered on August 18, 2003, by the District Court in and for Water Division No. 5 (“Water

Court”). Findings of reasonable diligence and to make absolute portions of the subject exchange were made in Case No. 09CW97 and

14CW3047 (B) Source: Groundwater and surface water tributary to the Blue River and its tributaries. (C) Priority Date. October 25,

1988. (D) Amount: A total of 123.647 consumptive acre-feet per year, at a rate of exchange of up to 1.0 cfs (449 gpm), conditional. (E)

Exchange reaches: (i) Upper termini: the headwaters of the Blue and Swan Rivers and their tributaries, as described in paragraph 2

above are the upper termini of the conditional exchange. The portion of the exchange being made absolute has the following upper

termini: a. Swan River: a point on the Swan River adjacent to a well permitted as no. 63566, located in the SW¼ SE¼ of SEction 24,

T 6 S, R 77 W of the 6th P.M. a distance of 500’ from the south section line and 2,400’ from the east section line. b. Upper Blue River:

a point on the upper Blue River adjacent to a well permitted as no. 67340, located in the NW¼ NE¼ of Section 12, T 8 S, R 78 W of

the 6th P.M. a distance of 1,200’ from the north section line and 1,790’ from the east section line. (ii) Downstream termini: the original

headgate locations of the Valaer Ditch and the Columbus Ditch, as follows: a. Valaer Ditch headgate: a point in the SW¼ NE¼ NE¼

of Section 13, T 5 S, R 78 W of the 6th P.M., at a point located by UTM coordinates as northing (UTM y) 4386263 and easting (UTM

x) 408446.3 pursuant to the Division Engineer’s published structure summary report. b. Columbus Ditch headgate: a point in the SW¼

NW¼ SW¼ of Section 8, T 4 S, R 78 W of the 6th P.M., at a point located by UTM coordinates as northing (UTM y) 4396813 and

easting (UTM x) 400721 pursuant to the Division Engineer’s published structure summary report. A map indicating the area covered by

the subject plan for augmentation and exchange, and throughout which the subject wells are located, is attached hereto as Exhibit A. (F)

Uses: Domestic, commercial and irrigation. 4. Water Rights Made Absolute. By the present application, Vidler seeks confirmation that

it has made a total of 4.639 consumptive acre-feet at a rate of 0.0064 cfs 2.88 gpm) of the subject exchange absolute by virtue of the

fact that well meters were installed and operated or confirmed by “Affidavit of LeAnn Brandt”, attached hereto as Exhibit B, for 46

wells and placed to beneficial use. Only 37 of those wells are located above Dillon Reservoir and part of the claimed exchange. The list

of 37 wells by permit, including the exchange reach in which each is located and the amount of exchange associated with each well and

each exchange reach, is attached as Exhibit C. The wells located below Dillon Reservoir, which are associated with an additional 1.164

consumptive acre-feet that are augmented directly and not by exchange as attached as Exhibit D. The dates on which portions of the

subject exchange were made absolute include the date of filing the application in Case No. 09CW97 through the date of the inclusion

of the most recent wells permitted no. 81440-F (Swan River) on 10/19/2017 and no. 81312-F (upper Blue River) on 9/6/2017. There

have been no calls on the upper Blue River and/or Swan River during this diligence period to prevent the operation of the subject plan

for augmentation and exchange, and/or the operation of the exchange is permitted pursuant to the Summit County Agreement. 5.

Detailed outline of work done to complete project and apply water to beneficial use: During the requisite diligence period, Vidler has

undertaken the following specific activities that demonstrate diligence with regard to the subject conditional exchange: (A) During

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the subject diligence period, Vidler engaged in marketing and sales activities, including without limitation producing and distributing

marketing materials, traveling to Summit County, Colorado to confirm meter readings and or verify residences, selling the amounts of

water indicated on the attached Exhibit B. (B) Vidler personnel have processed applications from well owners for participation in the

subject plan for augmentation and exchange, consisting of 180 hours of time spent on such applications at a total cost of more than

$20,000.00. (C) Vidler has spent money on postage and express delivery costs associated with managing the subject plan for

augmentation and exchange in the amount of $4,325.00. (D) Vidler has spent in excess of $58,100.00 in legal, engineering, and

miscellaneous project fees and expenses associated with the subject plan for augmentation and exchange, including participating as an

opposer in water court cases to protect the subject water rights. 6. Comments: By virtue of the Water Court decree in Case No. 09CW97,

a total of 4.864 consumptive acre-feet at a rate of 0.0067 cfs of the conditional exchange was made absolute in Reaches 5 through 8,

and the remainder was continued in full force and effect as a conditional exchange. By virtue of the Water Court decree in Case No.

14CW3047, and additional 5.505 consumptive acre-feet at a rate of 0.0079 cfs (3.55 gpm) of the subject exchange was made absolute.

As a result, a total amount of 10.369 consumptive acre-feet at a cumulative rate of 0.0146 cfs has previously been made absolute. 7.

Owners of land: The United States of America, Department of Agriculture, U.S. Forest Service, 680 Blue River Parkway, Silverthorne,

CO 80498 is the owner of the land constituting the upper termini of the conditional exchange in the headwaters of the Blue River and

the Swan River, and is the owner of the land upon which the Columbus Ditch headgate is located. Denver Water, 1600 W. 12th Ave.,

Denver, CO 80204 is the owner of the land upon which the Valaer Ditch headgate is located. WHEREFORE, Vidler requests entry of a

decree determining that the water rights described in paragraph 4 above have been made absolute, and that Vidler has demonstrated

reasonable diligence with respect to the remainder of the subject condition exchange that is not made absolute in this case. In the event

that the Court determines that the water rights described in paragraph 4 have not been made absolute, Vidler requests a finding of

reasonable diligence be entered for the entirety of the remaining conditional water rights. (6 Pages + Exhibits A through D)











18CW3104 GARFIELD COUNTY, ROARING FORK RIVER. Application for Finding of Reasonable Diligence. Pinyon Peaks

Homeowners Association c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, LLP, 932 Cooper Ave, Glenwood Springs, 970-945-

8659. Structure: CLDC Well No. 6. Original decree entered 10/15/80 in 79CW96; subsequent decrees entered in 84CW259, 88CW282,

94CW363, 01CW290 and 11CW169. Location: The decreed location of this well is in the SW¼NE¼, Sec 14, T 7 S, R 88 W 6th PM at

a point whence the NW corner of said Sec 14 bears N 67°39’04” W 3,814.65 ft. This point may also be described as being in the

SW¼NE¼, Sec 14, T 7 S, R 88 W 6th PM at a point 1,450 ft from N sec line and 2,120 ft from E sec line of said Sec 14. Source:

Underground water trib to Cattle Creek, trib to Roaring Fork River. Appropriation date: 04/20/79. Amount: 0.044 cfs, conditional. Uses:

Domestic, irrigation, piscatorial, fish and wildlife propagation. Depth: Approx 350 ft. The Application on file with the court includes a

list of activities demonstrating diligence. Owners of land: Mark & Nadia Vonderhaar, 100 Cains Lane, Carbondale, CO 81623. (4 pages)











18CW3105 GARFIELD COUNTY. GROUNDWATER TRIB. TO CRYSTAL SPRINGS CREEK, TRIB. TO THE ROARING

FORK RIVER, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Wooden Deer

Homeowners Association, c/o Balcomb & Green, P.C., Christopher Geiger and Erika Gibson, P.O. Drawer 790, Glenwood Springs, CO

81602; 970-945-6546. Structures: Wooden Deer Wells No. 2 through 6: Decree Information: Original Decree: Case No. 91CW189,

Dist. Court, Water Division No. 5, 10/18/1992. Subsequent Decrees Awarding Diligence: Case Nos. 11CW168, 98CW182 and

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05CW065, Dist. Court, Water Division No. 5. Legal Descriptions: A map depicting the locations of the Subject Water Rights is attached

as Exhibit A. Wooden Deer Well No. 2: SW1/4, SW1/4, Sec. 24, T. 7 S., R. 88 W., 6th P.M., at a pt. 770 ft. from the S. line and 4,750

ft. from the E. line of said Sec. 24. Wooden Deer Well No. 3: SW1/4, SW1/4, Sec. 24, T. 7 S., R. 88 W., 6th P.M., at a pt. 380 ft. from

the S. line and 4,200 ft. from the E. line of Sec. 24. Wooden Deer Well No. 4: SW1/4, SW1/4, Sec. 24, T. 7 S., R. 88 W., 6th P.M., at a

pt. 100 ft. from the S. line and 4,800 ft. from the E. line of Sec. 24. Wooden Deer Well No. 5: NW1/4, NW1/4, Sec. 25, T. 7 S., R. 88

W., 6th P.M., at a pt. 4,810 ft. from the S. line and 4,600 ft. from the E. line of Sec. 25. Wooden Deer Well No. 6: NW1/4, NW1/4, Sec.

25, T. 7 S., R. 88 W., 6th P.M., at a pt. 5,050 ft. from the S. line and 4,050 ft. from the E. line of Sec. 25. Source: Groundwater trib. to

Crystal Springs Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Approp. Date: 9/19/1991, for each well. Amt: 50

g.p.m., cond., for each well. The combined max. pumping rates of the Wooden Deer Wells No. 1 through 6 does not exceed 100 g.p.m.

The combined average annual amt. of ground water to be appropriated from Wooden Deer Wells No. 1 through 6 shall not exceed

15.434 AF (See 98CW182 paragraph 5(F).) Uses: Dom. and irr. As clarified in Case No. 05CW65, the Subject Water Rights are limited

to fire prot., ordinary household purposes inside 22 single-family dwellings and attached caretaker units, and irr. of not more than 44,000

sq. ft. of lawns and gardens located in the SW1/4 SW1/4, Sec. 24, and NW1/4, Sec. 25, in T. 7 S., R. 88 W., 6th P.M (the “Property”).

Depth: 350 ft. for each well. Remarks: Wooden Deer Well No. 1 was decreed absolute in Case No. 98CW182 for 50 g.p.m. and operates

under Division of Water Resources Well Permit No. 49172-F. Applicant operates the Subject Water Rights and Wooden Deer Well No.

1 pursuant to the plan for aug. decreed in Case No. 91CW189. Applicant intends to subdivide the Property into twenty-two (22) parcels.

Each parcel will have a single-family residence with an attached caretaker unit. Name of owner of the land on which any new diversion

or storage structure, or modification to any existing diversion or storage structure is or will be constructed, including any modification

to the existing storage pool: Applicant. Integrated System: In Case No. 98CW182, the Court found the Subject Water Rights are

components of an integrated water supply to service Applicant's Property. C.R.S. § 37-92-301(4)(b). A complete list of diligence

activities and expenditures is on file with this court. (5 pages 5; 1 exhibit.)











18CW3106 (11CW186, 02CW235) EAGLE COUNTY – RED CREEK, GYPSUM CREEK, TRIBUTARY TO EAGLE AND

COLORADO RIVERS. The Town of Gypsum, c/o Kevin L. Patrick, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229

Midland Ave., Basalt, CO 81621, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim:

Eye Lake-LEDE Reservoir Exchange. Second Claim: Wolcott-LEDE Reservoir Exchange. Third Claim: Eye Lake Supply Ditch-

LEDE Reservoir Exchange. Information applicable to all claims: Date of original decree: December 14, 2005, Case No. 02CW235,

District Court, Water Division 5. Legal: Upper Terminus for All Claims: LEDE Reservoir. The center of the dam is located 128 feet

south of the north line, and 2,110 feet east of the west line of Section 9, Township 7 South, Range 84 West, 6th P.M. The inlet of the

LEDE reservoir is located 1,530 feet south of the north line, and 2,475 feet east of the west line of Section 9, Township 7 South, Range

84 West, 6th P.M. Note: These legal descriptions for unsurveyed Section 9 are based on section lines projected from the monumented

Southwest Corner of Section 1 Range 84 West Township 7 South of the 6th P.M. Lower Terminus for Claims 1 and 3: Confluence of

Red Creek and Gypsum Creek, located 2,580 feet south of the north section line and 4,113 feet east of the west section line, Section 32,

Township 6 South, Range 84 West, 6th P.M. Lower Terminus for Claim 2: Confluence of Gypsum Creek and Eagle River located 1,354

feet south of the north section line, and 1,119 feet east of the west section line, Section 5, Township 5 South, Range 85 West, 6th P.M.

Place of use: Town of Gypsum’s water service area. As may be changed over time pursuant to Town’s annexation and service policies.

Source for Claims 1 and 2: Gypsum Creek, tributary to Eagle and Colorado Rivers. Source for Claim 3: Gypsum Creek and its tributaries,

tributary to the Eagle and Colorado Rivers. Appropriation date: September 4, 2002. Amount: 20.0 c.f.s., conditional, volumetric limit

of 600 acre-feet. Use: Exchange of water into LEDE Reservoir for municipal, industrial, commercial, domestic, piscatorial, recreational,

augmentation and exchange. Remarks: The decree in Case No. 02CW235 confirms Gypsum’s right to divert and store its Eye Lake and

Wolcott Reservoir water rights at the LEDE Reservoir as an alternate place of storage, and to divert its Eye Lake Supply Ditch water

right at a point on an unnamed tributary to an unnamed tributary within the Gypsum Creek drainage which delivers water into LEDE

Reservoir. The decree requires that the diversions at the alternate places of storage are to be administered as appropriative rights of

exchange. The First through Third Claims are components of an integrated water supply project decreed in Case No. 02CW235. The

land upon which the Eye Lake Supply Ditch, Eye Lake, and L.E.D.E. Reservoir are located is owned by the United States Forest Service,

900 Grand Ave. Glenwood Springs, CO 81601. Applicant holds a Special Use Permit issued by the U.S. Forest Service. Map of water

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rights is on file with the court as Exhibit A. A detailed outline of work done toward completion of appropriation of the conditional water

rights is on file with the court as Exhibit B.











18CW3107 (05CW287) GRAND COUNTY – ELK CREEK, TRIBUTARY TO FRASER & COLORADO RIVERS. Cornerstone

Winter Park Holdings, LLC, c/o Kevin L. Patrick, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229 Midland

Ave., Basalt, CO 81621, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: CWP-FM

Reservoir Original decree: July 8, 2012, Case No. 05CW287, District Court, Water Division 5. Legal: NW¼ NW¼ of Section 29,

Township 1 S., Range 75 W. of the 6th P.M., approximately 1,050 feet from the North section line and 170 feet from the West section

line. Source: Elk Creek, tributary to Fraser & Colorado Rivers, via deliveries from CWP-FM Pump and Pipeline. Appropriation date:

July 27, 2005. Amount: 25.0 acre-feet conditional with right to fill and refill; fill rate of 1.0 c.f.s. Use: Irrigation, piscatorial, aesthetic,

recreation, augmentation. Surface area: 2.0 acres; Max dam height: under 10 ft; Dam length: 550 ft; capacity: 25.0 acre-feet (all active).

Second Claim: CWP-FM Pump and Pipeline. Original decree: July 8, 2012, Case No. 05CW287, District Court, Water Division 5.

Legal: NW¼ NW¼ of Section 29, Township 1 S., Range 75 W. of the 6th P.M., approximately 1,185 feet from the North section line

and 35 feet from the West section line. Source: Elk Creek, tributary to Fraser & Colorado Rivers, via deliveries from CWP-FM Pump

and Pipeline. Appropriation date: July 27, 2005. Amount: 1.0 c.f.s. conditional. Use: Fill and refill CWP-FM Reservoir. Applicant owns

the land where the structures are located and where water is or will be put to beneficial use. Maps of water rights are on file with the

court as Exhibit A and B. A detailed outline of work done toward completion of appropriation of the conditional water rights is on file

with the court as Exhibit C.











18CW3108 GARFIELD COUNTY, COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Absolute.

Silt Water Conservancy District, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-

945-8659. Silt Pump Canal, First Enlargement: Original decree entered on 11/05/92 in 92CW14; subsequent decrees entered in

98CW212, 01CW47, 05CW155 & 12CW13. Location: The intake or headgate of said canal is located in Garfield County, Colorado, at

a point on the northerly bank of the Colorado River, whence the section corner common to Sections 2, 3, 10 and 11, T 6 S, R 92 W of

the 6th PM bears N 69°55’ W 7,455 ft. The alternate point of diversion approved in 01CW47 is located at a point which bears S 00°47’54”

E, 2,679.96 ft from N ¼ corner of Sec 12, T 6 S, R 92 W of the 6th PM. The line from the N ¼ corner to the NE corner of said Sec 12 is

considered to bear N 89°45’00” E and is the bearing basis of this structure location in Garfield County, Colorado. Source: Co lorado

River. Appropriation date: 02/13/92. Amount: 10 cfs, conditional. Uses: Industrial, irrigation, municipal & domestic. Date water applied

to beneficial use: 05/14/16. Amount: 0.11 cfs (50 gpm). Use: Municipal. Owners of land: United States Bureau of Reclamation, 2764

Compass Drive, Suite 106, Grand Junction, CO 81506; Brent Peterson and Sandra Hannigan, P.O. Box 965, New Castle, CO 81647-

0965. (5 pages)






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18CW3109 (11CW44, 03CW313, 95CW264) PITKIN COUNTY – SALVATION & WACO DITCHES, TRIBUTARY TO

ROARING FORK & WOODY CREEK. AVR AH, LLC, c/o Kevin L. Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto,

P.C., 229 Midland Ave., Basalt, CO 81621, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE

AND/OR TO MAKE ABSOLUTE. First Claim: AVR Pond No. 11. Original decree: Case No. 95CW264, District Court, Water

Division 5. Legal descriptions per 15CW3052: Homestead 5 Water Feature: SW ¼, SW ¼, Section 4, Township 9 S, Range 85 W, 6 th

P.M., 830 ft. from South Section line, 474 ft. from West section line. Homestead 7 Pond System: SW ¼, SW ¼, Section 4, Township 9

S, Range 85 W, 6th P.M., 1,100 ft. from South Section line, 703 ft. from West section line. Homestead 9 Water Feature: SW ¼, NW ¼,

Section 4, Township 9 S, Range 85 W, 6th P.M., 2,753 ft. from North Section line, 290 ft. from West section line. Source: Applicant’s

ownership in Salvation Ditch and Waco Ditch as described in the Application. Appropriation date: August 17, 1995. Amount: 2.0 acre-

feet conditional. Use: Operational storage for irrigation, aesthetic, recreation, fire protection. Absolute claim: Date applied to beneficial

use: July 10, 2018. Amount: 1.79 acre-feet for all uses. Place of use: Homesteads 5, 7 and 9, Aspen Valley Ranch. Second Claim: AVR

Pond No. 12. Original decree: Case No. 95CW264, District Court, Water Division 5. Legal descriptions per 15CW3052: Homestead 5

Water Feature, Homestead 7 Pond System, Homestead 9 Water Feature (as described in First Claim), and AVR Lower Irrigation Control

Structure: NW ¼, NE ¼, Section 8, Township 9 S, Range 8 W, 6th P.M., 195 ft. from North section line, 1,874 ft. from East section line.

Source: Applicant’s ownership in Salvation Ditch and Waco Ditch as described in the Application. Appropriation date: August 17, 1995.

Amount: 2.0 acre-feet conditional. Use: Operational storage for irrigation, aesthetic, recreation, fire protection. Absolute claim: Date

applied to beneficial use: July 10, 2018. Amount: 1.792 acre-feet for all uses. Place of use: Homesteads 5, 7 and 9, Aspen Valley Ranch.

Third Claim: AVR Pond No. 13. Original decree: Case No. 95CW264, District Court, Water Division 5. Legal descriptions per

15CW3052: AVR Lower Irrigation Control Structure (as described in Second Claim). Source: Applicant’s ownership in Salvation Ditch

and Waco Ditch as described in the Application. Appropriation date: August 17, 1995. Amount: 0.30 acre-feet conditional. Use:

Operational storage for irrigation, aesthetic, recreation, fire protection. Absolute claim: Date applied to beneficial use: October 24, 2017.

Amount: 0.30 acre-feet for all uses. Place of use: Aspen Valley Ranch. Fourth Claim: AVR Pond No. 14. Original decree: Case No.

95CW264, District Court, Water Division 5. Legal descriptions per 15CW3052: AVR Lower Irrigation Control Structure (as described

in Second Claim). Source: Applicant’s ownership in Salvation Ditch and Waco Ditch as described in the Application. Appropriation

date: August 17, 1995. Amount: 1.0 acre-feet conditional. Use: Operational storage for irrigation, aesthetic, recreation, fire protection.

Absolute claim: Date applied to beneficial use: October 24, 2017. Amount: 1.0 acre-feet for all uses. Place of use: Aspen Valley Ranch.

Remarks: Water rights are component parts of an integrated water supply plan decreed in Case Nos. 95CW264, 15CW3052, and

15CW3053. Applicant owns the land where the structures are located and where water is or will be put to beneficial use. Maps of water

rights are on file with the court as Exhibit A, , C and F. Map of place of use is on file with the court as Exhibit D. A detailed outline of

work done toward completion of appropriation of the conditional water rights is on file with the court as Exhibit E.











18CW3110 PITKIN COUNTY – BRUSH CREEK, TRIBUTARY TO ROARING FORK. Molly Matheson Brooks c/o Kevin L.

Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621, (970) 920-1030.

APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT. First Claim: MMB Enlargement of Brush Creek Ditch. Legal:

The point of diversion for the Brush Creek Ditch is located in the NE ¼ of the NW ¼ of Section 21, Township 9 South, Range 85 West

of the 6th P.M. at a point approximately 445 feet from the north section line and 2665 feet from the west section line of section 21.

Supplemental: median of Highway 82, at a point approximately 108 feet north of the intersection of Highway 82 and Smith Way/Juniper

Hill Road and 38 feet west of the northbound lane of Highway 82. Source: Brush Creek, tributary to Roaring Fork. Appropriation date:

May 28, 2018, by field monumentation, site inspection and formulation of intent to appropriate and beneficially use water claimed.

Amount: 0.2 c.f.s. conditional. Use: Irrigation of 1.0 acre and power generation. Headgate of Brush Creek Ditch is located on land

JULY 2018 RESUME


owned by the Colorado Department of Transportation, 2829 W. Howard Pl., Denver, CO 80204. Maps of water right and place of use

are on file with the court as Exhibit A and B.











18CW3111 PITKIN COUNTY. ROARING FORK RIVER. White Star Ranches Homeowners’ Association. c/o Rhonda J. Bazil,

P.C., Rhonda J. Bazil, Esq., 420 E. Main Street, Suite 240, Aspen, CO 81611, (970) 925-7171. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE. Name of structures: W/J Pond Nos. 1 - 6. Description of conditional water rights: Date, Case No. and

court of original decree: October 21, 2005, 01CW151, District Court, Water Division No. 5. List all subsequent diligence decrees:

07CW157, May 24, 2009; 11CW146, July 22, 2012. Change decree: 07CW155, May 24, 2009, District Court, Water Division No. 5.

This change decree provided the court with the actual as built locations, capacities and surface areas of the ponds. Legal description of

structures: W/J Pond No. 1: The dam outlet is situated in the NE ¼, SW ¼, Section 22, Township 9 South, Range 85 West of the 6th

P.M., more particularly described as follows: The outlet point is the center line of the ditch channel located 3,330 feet south of the north

section line and 1,630 feet east of the west section line. W/J Pond No. 2: The dam outlet is situated in the SW ¼, NW ¼, Section 22,

Township 9 South, Range 85 West of the 6th P.M., more particularly described as follows: The outlet point is the center line of the ditch

channel located 2,480 feet south of the north section line and 1,280 feet east of the west section line. W/J Pond No. 3: The dam outlet is

situated in the NW ¼, SW ¼, Section 22, Township 9 South, Range 85 West of the 6 th P.M., more particularly described as follows:

The outlet point is located 2,700 feet south of the north section line and 1,170 feet east of the west section line. W/J Pond No. 4: The

dam outlet is situated in the SW ¼, NW ¼, Section 22, Township 9 South, Range 85 West of the 6 th P.M., more particularly described

as follows: The outlet point is located 2,560 feet south of the north section line and 1,020 feet east of the west section line. W/J Pond

No. 5: The dam outlet is situated in the SW ¼, NW ¼, Section 22, Township 9 South, Range 85 West of the 6 th P.M., more particularly

described as follows: The outlet point is located 2,340 feet south of the north section line and 890 feet east of the west section line. W/J

Pond No. 6: The dam outlet is situated in the SW ¼, NW ¼, Section 22, Township 9 South, Range 85 West of the 6 th P.M., more

particularly described as follows: The outlet point is the center line of the ditch channel located 2,250 feet south of the north section line

and 1,120 feet east of the west section line. Source: Jaffe Well Nos. 1 - 6, which are supplied by groundwater tributary to the Roaring

Fork River, tributary to the Colorado River. Appropriation date: February 16, 2001. Amount remaining conditional: W/J Pond No. 1:

1.836 acre-feet. W/J Pond No. 2: 0.239 acre-feet. W/J Pond No. 3: 0.135 acre-feet. W/J Pond No. 4: 0.265 acre-feet. W/J Pond No. 5:

0.029 acre-feet. W/J Pond No. 6: 0.347 acre-feet. Uses remaining conditional: 1.175 acres of irrigation, piscatorial, and stock watering

purposes. A list of the diligence activities is on file with the Court. Name and address of owner of land upon which any new diversion

or storage structure, or modification to any existing diversion or storage structure is or will be located: W/J Pond No. 1: Taylor Capital

Ventures LP, P.O. Box 189, Taylor, MS 38673. W/J Pond No. 2: 101 Byers Court LLC, 7 Lagomar Road, Palm Beach, FL 33480. W/J

Pond No. 3: W/J Lot 3 LLC, 75 Bus Barn Lane, Aspen, CO 81611. W/J Pond No. 4: Lot 4 White Star LLC, P.O. Box 7699, Aspen, CO

81612. W/J Pond No. 5: RAM Aspen LLC, 101 Seminole Ave., Palm Beach, FL. 33480. W/J Pond No. 6: Taylor Capital Ventures LP,

P.O. Box 189, Taylor MS 38673 and 101 Byers Court LLC, 7 Lagomar Road, Palm Beach, FL 33480.











18CW3112 (06CW95), SUMMIT, GRAND & EAGLE COUNTIES, COLORADO. WEST LAKE CREEK, TRIBUTARY TO

THE EAGLE RIVER, TRIBUTARY TO THE COLORADO RIVER. Application for Findings of Reasonable Diligence and to

Make Water Rights Absolute. Applicants: Cattleman’s Club Homeowners’ Association, Inc., c/o Edward B. Olszewski, Esq., Olszewski,

JULY 2018 RESUME


Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. Structure: Cattleman’s Pond No. 1 (Reservoir).

Original Decree (all structures): 07/28/2012, 06CW95. Location: The center of the pond is located in the SE ¼ of the NE ¼ of Section

13, T.5S., R.83W. of the 6th P.M. at a point 180 feet from the east section line and 2,020 feet from the north section line. Source: To fill

reservoir: Moses Ditch, Cattleman’s Enlargement. West Lake Creek, tributary to the Eagle River, tributary to the Colorado River.

Approp. Date: 01/13/2006 by development of siting plan for pond. Applied to beneficial use: 05/25/007. Amount: 7.4 acre-feet, absolute

for recreation and piscatorial and conditional for irrigation and augmentation. Uses: Recreation, piscatorial, irrigation and augmentation.

Rate of Diversion for Filling the Reservoir: 1.0 c.f.s. from the Moses Ditch, Cattleman’s Enlargement. Total no. of acres to be irrigated:

0.92 acre. Legal Description of acres to be irrigated: 5,000 s.f. of lawns and gardens on 8 residential lots, for a total of 40,000 s.f. The

exact location of the irrigation is not known at this time but lies within the Cattleman’s Ranch development located within the SE ¼ of

the NE ¼ of Section 13, T/5S., R83W., and the NW ¼ of NW ¼, the SW ¼ of the NW ¼, the NW ¼ of SW ¼, and the SW ¼ of the

SW ¼ of Section 18, T.5S., R82W. of the 6th P.M. Surface Area: 0.93 acre. Max. Dam Height: 10 feet. Dam Length: 200 feet. Total

capacity of reservoir: 7.4 a.f.. Active capacity: 7.4 a.f. Dead storage: 0 a.f. Claim to Make Absolute: Date water applied to beneficial

use: On or before 05/31/2014. Amount: 4.0 a.f. Use: Irrigation within the Cattleman’s Club development via the Cattleman’s Club

irrigation water delivery system. Structure: Moses Ditch, Cattleman’s Enlargement (Ditch). Location: The headgate of the Moses Ditch

is located on the west bank of West Lake Creek within the NE ¼ of the NW ¼ of Section 19, T.5S., R.82W. of the 6 th P.M. at a point

1,750 feet from the west section line and 440 feet from the north section line. Source: West Lake Creek, tributary to the Eagle River,

tributary to the Colorado River. Approp. Date: 01/13/2006 by development of siting plan for pond and irrigation system. Applied to

beneficial use: 05/25/2007. Amount: 1.0 c.f.s., absolute for pond filling for Cattleman’s Pond No. 1, conditional for irrigation. Uses:

Pond filling, irrigation. Total no. of acres to be irrigated: 0.92 acre. Legal Description of acres to be irrigated: The irrigation will be

5,000 s.f. of lawns and gardens on 8 residential lots, for a total of 40,000 s.f. The exact location of the irrigation is not known at this

time but lies within the Cattleman’s Ranch development located within the SE ¼ of the NE ¼ of Section 13, T/5S., R83W., and the NW

¼ of NW ¼, the SW ¼ of the NW ¼, the NW ¼ of SW ¼, and the SW ¼ of the SW ¼ of Section 18, T.5S., R82W. of the 6 th P.M.

Claim to make absolute: Date water applied to beneficial use: 05/31/2014. Amount: 1.0 c.f.s. Use: Irrigation within the Cattleman’s

Club development via the Cattleman’s Club irrigation water delivery system (water right is already decreed absolute for pond filling).

Structure: Cattleman’s Exchanges. Location: Legal Description of the exchange is from the confluence of the Colorado and Eagle Rivers

to the points of diversion for the Cattleman’s Pond No. 1 and Moses Ditch, Cattleman’s Enlargement (to be exercised with Wolford

Mountain Reservoir releases): Upper termini: a) Cattleman’s Pond No. 1, described above, b) Moses Ditch, Cattleman’s Enlargement,

described above. Lower terminus: located at the confluence of the Eagle and Colorado Rivers located in the SW 1/4 of the NE 1/4 of

Section 5, T. 5 S., R 86 W., of the 6th P.M. at a point 2,100 feet from the east section line, and 2,880 feet from the south section line.

Location: Legal Description of the exchange is from the confluence of the Colorado and Roaring Fork Rivers to the points of diversion

for the Cattleman’s Pond No. 1 and Moses Ditch, Cattleman’s Enlargement (to be exercised with Ruedi Reservoir releases): Upper

termini: a) Cattleman’s Pond No. 1, described above, b) Moses Ditch, Cattleman’s Enlargement, described above. Lower terminus:

located at the confluence of the Roaring Fork and Colorado Rivers located in the SE 1/4 of the NW 1/4 of Section 9, T. 6 S., R 89 W.,

of the 6th P.M. at a point 2,940 feet from the east section line, and 3,150 feet from the south section line. Rate of Exchange: 1.0 c.f.s.,

conditional, limited to 0.4 acre feet per year. Approp. Date: 05/30/2006 by formation of intent to adjudicate the exchange as claimed

herein. Date water applied to beneficial use: N/A. Landowner Notification: All structures are located on lands owned by Applicants. A

detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as

conditionally decree, including expenditures, during the previous diligence period is outlined in the Application. Applicants pray for a

decree of this Court, finding the Applicants’ have exercised reasonable diligence toward the development of the aforementioned water

rights and any such other and further relief as the Court may deem appropriate. (9 pages, incl. 1 map)











18CW3113 (97CW213, 04CW25, 12CW10) EAGLE COUNTY – SMITH CREEK, TRIBUTARY TO FRYINGPAN RIVER,

ROARING FORK RIVER, COLORADO RIVER. Challenge Aspen, a Colorado Non-Profit Corporation, c/o Kevin L. Patrick, Esq.

and John M, Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621, (970) 920-1030. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE. First Claim: Landmark Pond No. 1. Legal: NE ¼ of the NE ¼, Section 5, Township 8

South, Range 84 West, of the 6th P.M. at a distance of 820 feet from the north section line and 880 feet from the east section line. Second

JULY 2018 RESUME


Claim: Landmark Pond No. 2. Legal: NE ¼ of the NE ¼, Section 5, Township 8 South, Range 84 West, of the 6 th P.M. at a distance of

1100 feet from the north section line and 600 feet from the east section line. Third Claim: Landmark Pond No. 3. Legal: NE ¼ of the

NE ¼, Section 5, Township 8 South, Range 84 West, of the 6th P.M. at a distance of 480 feet from the north section line and 500 feet

from the east section line. Fourth Claim: Landmark Pond No. 4. Legal: SE ¼ of the NE ¼, Section 5, Township 8 South, Range 84

West, of the 6th P.M. at a distance of 1540 feet from the north section line and 660 feet from the east section line. Fifth Claim: Landmark

Pond No. 5. Legal: SE ¼ of the NE ¼, Section 5, Township 8 South, Range 84 West, of the 6 th P.M. at a distance of 1400 feet from the

north section line and 350 feet from the east section line. Amounts and uses remaining conditional: 3.25 acre-feet for wildlife watering,

fire protection, and wetlands creation, fill and refill in priority; 4.0 acre-feet for livestock watering and piscatorial, fill and refill in

priority. Sixth Claim: Landmark Pond No. 6. Legal: SE ¼ of the NE ¼, Section 5, Township 8 South, Range 84 West, of the 6th P.M. at

a distance of 1680 feet from the north section line and 570 feet from the east section line. Amount and uses remaining conditional: 3.50

acre-feet for wildlife watering, fire protection, and wetlands creation, fill and refill in priority; 4.0 acre-feet for livestock watering and

piscatorial, fill and refill in priority. Seventh Claim: Landmark Pond No. 7. Legal: SE ¼ of the NE ¼, Section 5, Township 8 South,

Range 84 West, of the 6th P.M. at a distance of 2490 feet from the north section line and 80 feet from the east section line. Eighth Claim:

Landmark Pond No. 8. Legal: SW ¼ of the NW ¼, Section 4, Township 8 South, Range 84 West, of the 6 th P.M. at a distance of 2250

feet from the north section line and 400 feet from the west section line. Information for First through Eighth Claim: Date of original

decree: February 20, 1998. Case No. 97CW213, District Court, Water Division 5. Source: Smith Creek, tributary to Frying Pan River,

Roaring Fork River, Colorado River. Appropriation date: September 20, 1997. Amount: 4.0 acre-feet conditional. Uses: Livestock and

wildlife watering, fire protection, piscatorial, wetlands creation, fill and refill in priority. Total capacity: 4.0 acre-feet; Active: 4.0 acre-

feet; Dead: 4.0 acre-feet; Max dam height: 15 ft; Dam length: 150 ft; surface area: 0.50 acres. Map of water rights is on file with the

court as Exhibit A. A detailed outline of work done toward completion of appropriation of the conditional water rights is on file with

the court as Exhibit B. Applicant owns the land on which water rights are located and where water rights are or will be put to beneficial

use.











18CW3114 PITKIN COUNTY. SALVATION DITCH, WHICH DIVERTS FROM THE ROARING FORK RIVER, TRIB. TO

THE COLORADO RIVER AND GROUNDWATER TRIB. TO DRY WOODY CREEK, TRIB TO ROARING FORK RIVER,

TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence and to Confirm Absolute. Applicant:

Aspen Valley Downs Homeowners Association, c/o David Hallford, Sara Dunn, and Erika Gibson Balcomb & Green, P.C., P.O. Drawer

790, Glenwood Springs, CO 81602; 970-945-6546. The Subject Water Rights are decreed for use in the Aspen Valley Downs

Subdivision (the “Subdivision”) as depicted on the map, attached as Exhibit A. The following information is decreed for all Subject

Water Rights. Orig. Decree: Case No. 95CW264, 12/26/1997 in Dist. Court, Water Division 5. Subsequent Diligence Decrees: Case

No. 03CW313, 3/28/2005 and Case No. 11CW44, 6/22/2012, both in Dist. Court, Water Division 5. Sources: AVR Ponds: All ponds

described herein are off-channel reservoirs that will be filled at a rate of 1.0 c.f.s. (for all ponds combined) from the Salvation Ditch,

which diverts from the Roaring Fork River, trib. to the Colorado River. The Salvation Ditch is located on the N. bank of the Roaring

Fork River from whence the E1/4 Corner of Sec. 7, T. 10 S., R. 84 W., 6th P.M. bears N. 2 deg. 48’ W. 5,633.4 ft. The ponds shall not

have as a decreed source of supply natural inflow from other sources, including, but not limited to, Dry Woody Creek drainage or irr.

return flows which originate from the Waco or Salvation Ditches. AVR Well No. 5: groundwater trib. to Dry Woody Creek, trib. to the

Roaring Fork River. Approp. Dates: AVR Ponds: 8/17/1995. AVR Well No. 5: 12/27/1989. Structure: AVR Pond 1, a water storage right.

Legal Description: NW1/4 NE1/4, Sec. 9, T. 9 S., R. 85 W., 6th P.M., a dist. of 680 ft. from the N. line and 1,980 ft. from the E. line of

Sec. 9. Amt.: 2.0 AF, cond. Dam Ht.: 8 ft. Dam Length: 200 ft. Surface Area: 0.50 acre. Capacity: 2.0 AF, of which 1.5 AF will be active

storage with 0.5 AF of dead storage. Uses: Operational storage for irr. systems, aesthetic, rec. and fire prot. Up to 9.18 acres may be irr.

on Lot 1 of the Subdivision. Structure: AVR Pond 5, a water storage right. Legal Description: SE1/4, SW1/4, Sec. 4, T. 9 S., R. 85 W.,

6th P.M., a dist. of 970 ft. from the S. line and 2,450 ft. from the W. line of Sec. 4. Amt.: 1.0 AF, cond. Dam Ht.: 6 ft. Dam Length: 180

ft. Surface Area: 0.25 acres. Capacity: 1.0 AF, all of which will be active storage. Uses: Operational storage for irr. systems, aesthetic,

rec. and fire prot. Up to 2.34 acres may be irr. on Lot 5 of the Subdivision. Structure: AVR Pond 6, a water storage right. Legal

Description: SE1/4, SW1/4, Sec. 4, T. 9 S., R. 85 W., 6th P.M., a dist. of 1,250 ft. from the S. line and 1,500 ft. from the W. line of Sec. 4.

Amt.: 0.3 AF, cond. Dam Ht.: 4 ft. Dam Length: 100 ft. Surface Area: 0.10 acre. Capacity: 0.3 AF, all of which will be active storage.

JULY 2018 RESUME


Uses: Operational storage for irr. systems, aesthetic, rec. and fire prot. Up to 1.1 acres may be irr. on Lot 6 of the Subdivision. Structure:

AVR Pond 7, a water storage right. Legal Description: NE1/4, SW1/4, Sec. 4, T. 9 S., R. 85 W., 6th P.M., a dist. of 1,600 ft. from the S.

line and 1,500 ft. from the W. line of Sec. 4. Amt.: 0.3 AF, cond. Dam Ht.: 4 ft. Dam Length: 130 ft. Surface Area: 0.10 acre. Capacity:

0.3 AF, all of which will be active storage. Use: Operational storage for irr. systems, aesthetic, rec. and fire prot. Up to 1.2 acres may

be irr. on Lot 7 of the Subdivision. Structure: AVR Pond 8, a water storage right. Legal Description: NW1/4, SW1/4, Sec. 4, T. 9 S., R.

85 W., 6th P.M., a dist. of 1,980 ft. from the S. line and 850 ft. from the W. line of Sec. 4. Amt.: 0.3 AF, cond. Dam Ht.: 4 ft. Dam Length:

100 ft. Surface Area: 0.1 acre. Capacity: 0.3 AF, all of which will be active storage. Use: Operational storage for irr. systems, aesthetic,

rec., and fire prot. Up to 1.13 acres may be irr. on Lot 8 of the Subdivision. Structure: AVR Pond 9, a water storage right. Legal

Description: NW1/4, SW1/4, Sec. 4, T. 9 S., R. 85 W., 6th P.M., a dist. of 2,120 ft. from the S. line and 600 ft. from the W. line of Sec.

4. Amt.: 1.0 AF, cond. Dam Ht.: 5 ft. Dam Length: 180 ft. Surface Area: 0.25 acre. Capacity: 1.0 AF, all of which will be active

storage. Use: Operational storage for irr. systems, aesthetic, rec. and fire prot. Up to 2.88 acres may be irr. on Lot 9 of the Subdivision.

Structure: AVR Pond 10, a water storage right. Legal Description: SE1/4, SW1/4, Sec. 4, T. 9 S., R. 85 W., 6th P.M., a dist. of 850 ft.

from the S. line and 1,775 ft. from the W. line of Sec. 4. Amt.: 1.0 AF, of which 0.58 AF is absolute (see Case No. 11CW44) and 0.42 AF

remains cond. Dam Ht.: 5 ft. Dam Length: 200 ft. Surface Area: 0.25 acre. Capacity: 1.0 AF, all of which will be active storage. Use:

Operational storage for irr. systems, aesthetic, rec. and fire prot. Up to 11.41 acres may be irr. on Lot 10 of the Subdivision. Structure:

Aspen Valley Ranch Well No. 5, an underground water right. Legal Description: SW1/4, SE1/4, Sec. 4, T. 9 S., R. 85 W., 6th P.M., a

dist. of 350 ft. from the S. line and 3,550 ft. from the W. line of Sec. 4. Amt.: 50 g.p.m., of which 30 g.p.m. is absolute (see Case No.

03CW313) and 20 g.p.m. remain cond. Depth of Well: 440 ft. Permit No.: 56445-F. Source: groundwater trib. to Dry Woody Creek, trib.

to the Roaring Fork River. Approp. Date: 12/27/1989. Use: Dom. use for 20 houses and irr. of up to 1.56 acres total, in conjunction with

Aspen Valley Ranch Well Nos. 1 through 4. Names and addresses of owners or reputed owners of the land upon which any new diversion

or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or

will be stored, including any modification to the existing storage pool. A. Applicant seeks a finding of diligence on, with no modifications

to, the following previously decreed structures: AVR Ponds 1, 5, 6, 7, 8, and 9 and Aspen Valley Ranch Well No. 5. Therefore, pursuant

to C.R.S. § 37-92-302(2)(b)(II), notice of the Application is not required for the owners of land on which these structures are located. Applicant has modified AVR Pond 10 by placing it to beneficial use. The pond is located both on 725 Aspen Valley Downs Rd., APN

264304301006, and on undeveloped property within Aspen Valley Ranch Subdivision. According to the Pitkin County Assessor’s

records the owners are: Chester & Carol Donnally, 3417 St. Johns Dr., Dallas, TX 75205-2905; and AVR AH LLC, 514 E. Hyman

Ave., Aspen, CO 81611. Integrated Water System: In Case No. 03CW313, the Court recognized the Subject Water Rights as components

of an integrated water supply for Applicant’s property. C.R.S. § 37-92-301(4)(b). A complete list of diligence activities and

expenditures is on file with this court. Claim to Confirm Absolute: Applicant seeks confirmation it has made the AVR Pond 10 absolute

in its entirety. AVR Pond 10 is a series of three interconnected ponds. Date Applied to Beneficial Use: 5/14/2018. On this date, according

to Division of Water Resource historical call records, Applicant filled the AVR Pond 10 for storage and beneficial use. Amt. Applied to

Beneficial Use: 0.42 AF Amt. Remaining Cond.: 0 AF Use: Operational storage for irr. systems, aesthetic, rec. and fire prot. Place of

Beneficial Use: Lot 10 of the Subdivision, as depicted on Exhibit A. (12 pgs, 1 exhibit.)











18CW3115 PITKIN COUNTY. GROUNDWATER TRIB. TO WOODY CREEK, TRIB. TO THE ROARING FORK RIVER

AND CLAVEL DITCH, FIRST ENLARGEMENT WHICH DIVERTS FROM LITTLE WOODY CREEK, TRIB. TO

WOODY CREEK, TRIB. TO ROARING FORK RIVER, TRIB. TO THE COLORADO RIVER. Application for Finding of

Reasonable Diligence and to Confirm Cond. Water Rights Absolute. Applicant: Aspen Community School, c/o Christopher Geiger

and Erika Gibson, Balcomb and Green P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Aspen

Community School Well No. 2. Orig. Decree: Case No. 97CW222, 2/20/1998 in Dist. Court, Water Div. 5. Subsequent Diligence

Decrees: Case No. 04CW030 and 11CW197, Dist. Court, Water Div. 5. Legal Desc.: SW1/4 SE1/4, Sec. 10, T. 9 S., R. 85 W., 6th P.M.

at a pt. 2,855 ft. from the W. Sec. line and 239 ft. from the S. Sec. line. Source: Groundwater trib. to Woody Creek, trib. to the Roaring

Fork River. Date of Approp.: 1/15/1997. Amt.: 25 g.p.m. cond. Depth: 240 ft. Uses: Dom., fire prot., and irr. of up to 0.46 acres of lawns

and gardens in the NW1/4, Sec. 15 and SW1/4 of Sec. 10, T. 9 S., R. 85 W., 6th P.M. Remarks: The well is permitted under Well Permit

No. 049604-F. Structure: Aspen Community School Pond. Orig. Decree: Case No. 97CW222, 2/20/1998, Dist. Court, Water Div. 5.

JULY 2018 RESUME


Subsequent Diligence Decrees: Case No. 04CW30 and 11CW197, Dist. Court, Water Div. 5. Legal Desc.: A pond with an embankment

located in the NW1/4, Sec. 15, T. 9 S., R. 85 W., 6th P.M., whence the N1/4 corner of Sec. 15 bears N. 77 deg. 08'59" E. 474.06 ft. The

pond can be plotted approximately 104 ft. S. of the N. Sec. line and 2,269 ft. E. of the W. Sec. line. Source: The Pond is an off-channel

reservoir filled using the Clavel Ditch, First Enlargement (1.0 c.f.s.), which diverts from Little Woody Creek, trib. to Woody Creek,

trib. to Roaring Fork River, trib. to the Colorado River, and is located in the NE1/4, NE1/4, Sec. 10, T. 9 S., R. 85 W., 6th P.M. at a pt.

whence the NE corner of said Sec. bears N. 16 deg. 45’ E., a dist. of 760 ft. Amt.: 3.0 AF, cond. Surface Area of High Water Line: 0.5

acres. Max. Ht. of Dam: 10 ft. Length of Dam: 250 ft. Date of Approp.: 4/28/1997. Uses: Dom., fire prot., rec., aug. and irr. of 0.46

acres of lawns and gardens in the NW1/4, Sec. 15 and SW1/4, Sec. 10, T. 9 S., R. 85 W., 6th P.M. Remarks: The Subject Water Rights

are benefitted by a plan for aug. decreed in Case No. 97CW222, Dist. Court, Water Div. 5. The plan for aug. relies, in part, upon releases

from the Aspen Community School Pond. Integrated System: In Case No. 04CW020, the Court confirmed the above-described water

rights are components of an integrated water supply for Applicant’s property. C.R.S. § 37-92-301(4)(b). A complete list of diligence

activities and expenditures is on file with this court. Land Ownership for § 37-92-302(2)(b)(II): Applicant. Claim to Confirm Cond.

Water Rt. Absolute: Structure Name: Aspen Community School Well No. 2. Date of Beneficial Use: 4/1/2018. Applicant was operating

the well during regular school operations on this date. Amt. and Use Claimed as Absolute: 25 g.p.m., for all decreed uses. Uses and

Place of Beneficial Use: Dom., fire prot., and irr. of up to 0.46 acres of lawns and gardens in the NW1/4, Sec. 15 and SW1/4, Sec. 10,

T. 9 S., R. 85 W., 6th P.M. (6 pgs; 3 exhibits.)











18CW3116 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 EIGHTH STREET, SUITE 104,

GLENWOOD SPRINGS, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE UPPER EAGLE

REGIONAL WATER AUTHORITY IN EAGLE COUNTY, COLORADO, APPLICATION FOR APPROVAL OF PLAN FOR

AUGMENTATION 1. Name and address of applicant: Upper Eagle Regional Water Authority (“Authority”) c/o Manager, 846 Forest

Road, Vail, Colorado 81657. Copies of all pleadings to: Glenn E. Porzak, Kristin H. Moseley, Porzak Browning & Bushong LLP, 2120

13th Street, Boulder, Colorado 80302, 303-443-6800 2. Description of water rights to be augmented: The Authority seeks to augment up

to 300 consumptive acre feet of water per year (less transport losses from the replacement sources) of out of priority depletions resulting

from municipal diversions (to include municipal, domestic, irrigation, commercial, industrial, recreational and all other water uses

furnished by the Authority) at the following structures in the following amounts: (a) The following structures used by the Authority

pursuant to the decrees of the District Court in and for Water Division No. 5 (the “Water Court”) in Case Nos. 85CW608 through

85CW613, and in subsequent decrees including in Case No. 00CW83, for 6 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 1,446 feet, which is 870 feet from the south section line and 1,485 feet from the west section line of

said Section 7. (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 1,551.13

feet, which is 1,165 feet from the north section line and 480 feet from the west section line of said Section 12. (b) Edwards Water

Facility, being a point located in the NW/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M., on the northerly bank of the Eagle River at

a point whence the SW corner of said Section 4 bears S. 25°8'58" W., 1,539.12 feet which is 1,393 feet from the south section line and

654 feet from the west section line of said Section 4. This structure was decreed as an alternate point of diversion for water rights owned

by the Authority in Case No. 00CW83 and is decreed as a point of diversion for 0.4 cfs in Case No. 02CW403. (c) Edwards Water

District Well No. 2, the source of which is the Eagle River alluvium, located 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 for 0.440 cfs in accordance with the decrees in

Water Court Case Nos. 81CW161, 81CW195 and 85CW610. (d) June Creek Ranch Well No. 2, the source of which is the Eagle River

alluvium, located 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, which is 2,240 feet from the south section line and 510 feet from the west section line, for 1.11 cfs in accordance with

the decrees in Water Court Case Nos. W-3999, 82CW228, 84CW200, 84CW233, 88CW268 and 85CW613. (e) June Creek Ranch Well

No. 4 (aka, Berry Creek Well No. 3) (as changed in Water Court Case No. 84CW233), the source of which is the Eagle River alluvium,

tied to the NW Corner, Section 4, T. 5 S., R. 82 W., of the 6th P.M., N. 00°32'17" W. 2,530.24 feet, which can also be located in the

SW/4 NW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M., at a point 2,530 feet from the north section line and 125 feet from the west section

JULY 2018 RESUME


line, for 100 gpm in accordance with the decrees in Water Court Case Nos. W-3999, 82CW228, 84CW200, 84CW233, 88CW268 and

85CW613. (f) June Creek Ranch Well No. 6, the source of which is the Eagle River alluvium, located 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, which is 1,680 feet from the

south section line and 760 feet from the west section line, for 0.891 cfs in accordance with the decrees in Water Court Case Nos. W-

3999, 82CW228, 84CW200, 84CW233, 88CW268 and 85CW613. (g) Well R1, the source of which is the Gore Creek alluvium, located

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, for 2 cfs in accordance with the decrees in Water Court Case Nos. 94CW22 and 93CW316. (h) Well R2, the source of

which is the Gore Creek alluvium, located 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, for 2.5 cfs in accordance with the decrees in Water Court Case Nos. 94CW22 and

93CW316. (i) Well R3, the source of which is the Gore Creek alluvium, located within a 100 foot radius from a point on the right bank

of Gore Creek whence the NE corner of Section 8, T. 5 S., R. 80 W., 6th P.M. bears N. 50°30' E. 2,680 feet, which is 1,730 feet from the

north section line and 2,050 feet from the east section line, decreed in Water Court Case Nos. 82CW328 for 2 cfs. (j) Well R4, the

source of which is the Gore Creek alluvium, located 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, which is 575

feet from the north section line and 2,000 feet from the west section line, for 2.0 cfs in accordance with the decrees in Water Court Case

Nos. 94CW22 and 93CW316. (k) Well R5, the source of which is the Gore Creek alluvium, located within a 100 foot radius from a

point on the right bank of Gore Creek whence the NW corner of Section 10, T. 5 S., R. 80 W., 6th P.M., bears N. 77°30' W. 800 feet,

which is 130 feet from the north section line and 780 feet from the west section line, decreed in Water Court Case No. 82CW328 for

2 cfs. (l) Well R6, the source of which is the Gore Creek alluvium, located in the SE/4 SW/4 of Section 3, T. 5 S., R. 80 W., 6 th 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, which is 980 feet from the south section line and 2,370 feet from the west section line, decreed in Water Court Case No. 82CW328

for 2 cfs. (m)Well R7, the source of which is the Gore Creek alluvium, located 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, for 5.35 cfs in accordance with the decrees in

Water Court Case Nos. 94CW22 and 93CW316. (n) Bighorn/Gore Valley Pumphouse, the source of which is Gore Creek, located 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 decreed in Water Court Case No. 82CW328 for 4 cfs. (o) Vail Village West Well No. 7, the source of which is the Gore

Creek alluvium, located 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 decreed in Water Court Case No. 82CW328 for 0.556 cfs. (p) Vail Village West Well No. 8, the

source of which is the Gore Creek alluvium, located in the NE/4 SW/4 of Section 12, T. 5 S., R. 81 W., 6 th P.M., at a point 3,044 feet

from the north section line and 1,760 feet from the west section line decreed in Water Court Case No. 82CW328 for 0.267 cfs.

3.Description of source of augmentation water. The Authority has the contract right to 300 acre feet of water per year from Black Lake

and Black Lake No. 2. (a) Black Lake is decreed for 352 acre feet absolute, the source of which is Black Gore Creek with an adjudication

date of December 29, 1978, with an appropriation date of December 20, 1978, in Water Court Case Nos. W-4003, 86CW144, 96CW265,

05CW257 and 10CW200. The west end of the dam forming Black Lake is located at a point approximately 17,420 feet S. 59°35' E. of

the NE corner of Section 1, T. 6 S., R. 80 W. of the 6th P.M. (b) Black Lake No. 2 is decreed for 73 acre feet absolute, the source of

which is Black Gore Creek with an adjudication date of November 12, 1982, with an appropriation date of December 20, 1978, in Water

Court Case Nos. W-4003, 96CW265, 03CW249 and 05CW257. The west end of the dam forming Black Lake No. 2 is located at a

point approximately 15,160 feet S. 66°35' E. of the NE corner of Section 1, T. 6 S., R. 80 W. of the 6th P.M. 4. Description of the plan

for augmentation: By this application, the Authority seeks the right to divert out of priority the water rights and/or structures described

in paragraph 2 above on a year round basis for use throughout the Authority’s service area, as that service area may expand from time

to time, including without limitation the Minturn service area and Battle Mountain development. The current service area is indicated

on the attached Figure 1 and the structures are depicted on the attached Figure 2. (a)Augmentation plan. To permit the requested out of

priority diversions, the Authority proposes to utilize water released from Black Lakes. Given the proximity of the subject wells to the

Eagle River or Gore Creek, and the fact that the source of augmentation water is upstream of the water rights and/or structures described

in paragraph 2, there is no augmentation by exchange. Out of priority depletions caused by the use of the structures described in

paragraph 2 above will be accounted for in accordance with the attached Exhibit A, which is the stipulated method for determining

depletions throughout the Authority, or such other methods as may be determined by the Court. In the Minturn service area and Battle

Mountain development, the in-house domestic and commercial depletions shall be 5% and the irrigation depletions shall be 80%. (b) In

priority diversions: The Authority shall have the right to divert any of the water rights and structures described in paragraph 2 whenever

they are in priority. The source of augmentation water described in paragraph 3 need only be utilized when the water rights and structures

described in paragraph 2 are out of priority, irrespective of the relative priorities of the water rights to be augmented and the source of

augmentation water. 5. Terms and Conditions: (a) So as to ensure proper operation of the subject plan for augmentation and exchange,

the Authority will install and maintain such measuring devices and implement such accounting procedures as may be required by the

State or Division Engineers to administer the terms of any decree entered in this case. (b) Pursuant to C.R.S. § 37-92-305(8), the State

Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water

rights. 6. Remarks: The structures described in paragraph 2(a)-(f) are located on land owned or controlled by easement by the Authority,

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and the structures described in paragraphs 2(g), (h), and (j) - (p), and the facilities described in paragraph 3 are located on land owned

or controlled by easement or permit by the Eagle River Water & Sanitation District whose address is 846 Forest Road, Vail, Colorado

81657. Well R3 described in paragraph 2(i) is located on land owned by the Town of Vail whose address is 75 S. Frontage Road, Vail,

Colorado 81657. WHEREFORE, the Authority requests that this Court enter a decree which: 1. Approves the plan for augmentation in

paragraph 4 above; and 2. Finds that as a result of the subject plan for augmentation, there will be no injury to any owner of or persons

entitled to use water under a vested water right or decreed conditional water right. (Application 15 Pages total)











18CW3117 GRAND COUNTY. DEBERARD DRAW, TRIB. TO THE FRASER RIVER, DIFFUSE-SURFACE RUNOFF, THE

FRASER RIVER THROUGH VAL MORITZ MUN. SYSTEM. Application for Finding of Reasonable Diligence and to Make

Absolute, in Part. Applicant requests: 1) a finding of reasonable diligence in the development of the Lake Val Moritz cond. water right;

and, 2) that Applicant has made portions of the Lake Val Moritz water right absolute at the decreed alt. places of storage as desc. in the

app.; and, 3) that any portion of the Lake Val Moritz water right not confirmed as absolute in this matter is continued as a cond. water

right for an additional six years after entry of any decree issued in this case. Granby Realty Holdings, LLC, c/o Christopher L. Geiger,

Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Structure/Water Right: Lake Val Moritz.

Orig. decree: Case No. W-2119, 5/29/1974, Dist. Court, Water Division No. 5. Legal Desc.: The E. abutment of the dam at its

intersection with the center line of the axis of the dam is located whence the NW Corner of Sec. 16, T. 1 N., R. 86 W., 6th P.M. bears N.

52 degrees 30’ W., 2670 ft. This location may also be described as follows: The E. abutment of the dam at its intersection with the center

line of the axis of the dam is located in the SE1/4, NW1/4, Sec. 16, T. 1 N., R. 67 W., 6th P.M. at a distance of 1440 ft. from N. Sec. line

and 2060 ft. from the W. Sec. line in Grand County, Colorado. In Case No. 97CW290, the court confirmed alt. places of storage as

follows. Lake Val Moritz Alt. No. 1., located in the E1/2 SW1/4, Sec. 9, T. 1 N., R. 76 W., 6th P.M. The right (E.) abutment of the dam

at its centerline is located at a pt. 1,310 ft. from the S. line and 2,380 ft. from the W. line of said Sec. 9. Amt. changed for storage at this

location: 74 AF, cond. Surface area of high water line: 246,000 sq. ft. (5.65 acres at 8,150 ft. elevation). Max. ht. of dam: 29 ft. Length

of dam: 490 ft. Total capacity of reservoir: 74 AF. Active capacity: 74 AF. Dead storage: 0 AF. Lake Val Moritz Alt. No. 9, located in

the SW1/4, Sec. 9, T. 1 N., R. 76 W., 6th P.M. The right (E.) abutment of the dam at its centerline is located at a pt. approximately 980

ft. from the S. line and 1,540 ft. from the W. line of said Sec. 9. Amt. changed for storage at this location: 320 AF, cond. Surface area

of high water line: 13.7 acres (at 8,141 ft. elevation). Max. ht. of dam: 40 ft. Length of dam: 1,155 ft. Total capacity of reservoir: 320

AF. Active capacity: 320 AF. Dead storage: 0 AF. Lake Val Moritz Alt. No. 10, located in the N1/2 SW1/4 SE1/4, Sec. 4, T. 1 N., R.

76 W., 6th P.M. The center of the spillway at the highwater line is located at a pt. approx. 860 ft. from the S. line and 2,310 ft. from the

E. line of said Sec. 4. Amt. changed for storage at this location: 20 AF, cond. Surface area of high water line: 2 acres. This an excavated

structure; a dam was not constructed. Total capacity of reservoir: 20 AF. Active capacity: 20 AF. Dead storage: 0 AF. Lake Val Moritz

Alt. No. 11, located in the NE1/4 NW1/4, Sec. 21, T. 1 N., R. 76 W., 6th P.M. The right (E.) abutment of the dam at its centerline is

located at a pt. 540 ft. from the N. line and 1880 ft. from the W. line of said Sec. 21. Amt. changed for storage at this location: 93.5 AF,

cond. Surface area of high water line: 208,000 sq. ft.; (4.78 acres at 8,513 ft. elevation). Max. ht. of dam: 48 ft. Length of dam: 400 ft.

Total capacity of reservoir: 93.5 AF. Active capacity: 93.5 AF. Dead storage: 0 AF. Lake Val Moritz Alt. No. 12, located in the SW1/4

NE1/4, Sec. 16, T. 1 N., R. 76 W., 6th P.M. The right (E.) abutment of the dam at its centerline is located at a pt. 2,590 ft. from the N.

line and 2,190 ft. from the E. line of said Sec. 16. Amt. changed for storage at this location: 30 AF, cond. Surface area of high water

line: 77,100 sq. ft. (1.77 acres at 8,382 ft. elevation). Max. ht. of dam: 35 ft. Length of dam: 390 ft. Total capacity of reservoir: 30 AF.

Active capacity: 30 AF. Dead storage: 0 AF. Source: DeBerard Draw, trib. to the Fraser River, diffuse-surface runoff, the Fraser River

through Val Moritz Mun. System. In Case No. 97CW290, Dist. Court, Water Division No. 5, the Court confirmed that its Decree in

Case No. W-1881 defined the Val Moritz Mun. System to include the Val Moritz Well Nos. 1 through 4 (decreed in Case No. W-1748,

8/24/1973, Dist. Court, Water Division No. 5), and subsequent wells to be constructed as required and allowed under the W-1881

Decree, e.g.- the SilverCreek Mun. Well Nos. 5 through 10 (decreed in Case No. 97CW290) and that water may be diverted under the

Lake Val Moritz priority via surface diversions from the Fraser River through: 1) the SilverCreek Pump and Pipeline No. 1 at any of its

pts. decreed in said case; 2) the DeBerard Ditch; 3) the SilverCreek Pump and Pipeline No. 3 decreed in said case; and, 4) the SilverCreek

Mun. Well Nos. 5 through 10 decreed in said case, for storage at any of the decreed storage locations. Approp. Date: 6/19/1973. Amt.:

520 AF, cond. Uses: Mun. (including comm., ind., dom. and irr. incidental thereto), irr., snowmaking, fish and wildlife propagation,

JULY 2018 RESUME


and all other beneficial uses. In addition, the water stored in Lake Val Moritz will be used for the exchange of water to the Fraser River

to compensate for stream depletions caused by Val Moritz well pursuant to its Plan for aug. in Case No. W-1881. In Case No. 97CW290,

the Court confirmed that the Lake Val Moritz priority may be used for creation and maintenance of wetlands, and found that release of

water from Lake Val Moritz for exchange of water to the Fraser River to compensate for stream depletions is “effectively an aug. use

as that term is now understood.” In Case No. W-2119, Water Court, Water Division No. 5, this water right was decreed as part of an

integrated system of water rights including a plan of aug. first decreed in W-1881, other storage rights, surface rights, and groundwater

rights, all of which are intended to serve Granby Realty Holdings, LLC’s residential and comm. Granby Ranch development (which

includes a ski area and golf course), and also an adjacent metropolitan service area in and near the Town of Granby that was originally

part of the overall project contemplated at the entry of the decrees in Case Nos. W-2119 and W-1881. A complete list of diligence

activities and expenditures is on file with this court. Owners of land on which structures are or will be located, upon which water is or

will be stored, or upon which water is or will be placed to beneficial use: Applicant. Applicant has no intention of abandoning any

portion of the subject water right. Maps showing the location of the orig. and decreed alt. places of storage and place of use are attached

to the app. Claim to Make Absolute, in Part: Applicant has placed the subject water right to beneficial use, in part, at the following alt.

locations of storage confirmed in Case No. 97CW290 in the Amts. and for the uses described below. Date of Beneficial Use: 11/30/2014.

Applicant reserves the right to provide evidence that it placed the water right to beneficial use in priority on other dates as well. A

topographic capacity survey of each alt. place of storage described below is attached to the app. A cond. storage right “shall be made

absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at

the decreed storage structure.” Colo. Rev. Stat. 37-92-301(4)(e). Alt. Places of Storage Where Water Made Absolute, and Amts.: Lake

Val Moritz Alt. No. 1: Amt.: 24.91 AF, absolute for all decreed uses. 49.09 AF remains cond. Lake Val Moritz Alt. No. 9: Amt.: 33.44

AF absolute for all decreed uses. 286.56 AF remains cond. Lake Val Moritz Alt. No. 10: Amt.: 5.17 AF absolute for all decreed uses.

14.83 AF remains cond.











18CW3118 GARFIELD COUNTY. BABBISH GULCH, TRIB. TO FOUR MILE CREEK, TRIB. TO THE ROARING FORK

RIVER, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence and to make Absolute, in Part.

Applicant: Sunlight, Inc., c/o David Hallford, Scott Grosscup, and Erika Gibson, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood

Springs, CO 81602; 970-945-6546. Summary of Application: Applicant requests a finding of reasonable diligence for the cond. portions

of the Sunlight Feeder Ditch, Babbish Gulch Reservoir, and the Sunlight Wells No. 1 through 12. Applicant also requests confirmation

that it has made absolute, in part, the Babbish Gulch Reservoir Pond No. 1 under the Babbish Gulch Reservoir priority. A map showing

the locations of the water rights desc. below is attached as Exhibit A. Structure: Sunlight Feeder Ditch. Orig. decree: Case No. 85CW331,

4/23/1986, Dist. Court, Water Div. 5. Subsequent Decrees: Cases No. 96CW201 and 96CW202 (consol.), 96CW244, 04CW131, and

11CW111. Legal Description: The pt. of diversion is located in the NE1/4 SE1/4, Sec. 36, T. 7 S., R. 90 W., 6th P.M. at a pt. whence

the E. 1/4 Corner of said Sec. 36 bears N. 20 deg. 45 min. 0 sec. E. 925 ft.; also desc. in Case No. 11CW111 as being 315 ft. from the

E. Sec. line and 1,755 ft. from the S. Sec. line of said Sec. 36. The Sunlight Feeder Ditch priority may also be stored at the alt. locations,

described below. Source: Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Approp. Date: 9/25/1985. Amt.:

1.5 c.f.s., cond. Uses: Storage for snowmaking (see Case No. 85CW331), direct flow for snowmaking at the Sunlight Alt. Pt. No. 1 (see

Case No. 96CW244) and direct flow for snowmaking or filling Babbish Gulch Reservoir or the Babbish Gulch Reservoir, Four Mile

Snowmaking Pond Alt. for snowmaking uses (see Case No. 02CW368). Sunlight Alt. Pt. No. 1: The Ct. decreed this alt. pt. of diversion

in Case No. 96CW244. Legal Descrip.: SW1/4 NW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. at a pt. whence the SW corner of Sec. 33

bears S. 15 deg. 0 min., W. 2,900 ft.; also desc. in Case No. 11CW111 as being 4,720 ft. from the E. Sec. line and 2,815 ft. from the S.

Sec. line of said Sec. 33. Amount and Use: 1.5 c.f.s., of which 0.8 c.f.s. is absolute for direct flow for snowmaking and 0.7 c.f.s. remains

cond. (11CW111). Sunlight Feeder Ditch, Four Mile Creek Alt. Diversion Pt.: The Ct. decreed this alt. pt. of diversion, in Case No.

02CW368. Legal Descrip.: SW1/4 NE1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M. at a pt. 2,550 ft. from the E. Sec. line and 2,100 ft. from

the N. Sec. line of Sec. 32. Amount and Use: 1.5 c.f.s., of which 0.49 c.f.s. is absolute to fill Babbish Gulch Reservoir Snowmaking

Pond Alt. and subsequent release for snowmaking in the SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., and 1.01 c.f.s. remains cond.

(11CW111). Remarks: Diversions at the Sunlight Feeder Ditch and its decreed alt. pts. of diversion shall not exceed 1.5 c.f.s. or such

portion thereof that is in priority, and the vol. of water applied to snowmaking shall not exceed 35 AF per year nor shall snowmaking

JULY 2018 RESUME


water be applied to an area in excess of 70 acres (see paragraph 17.A. of Case No. 02CW368). Structure: Babbish Gulch Reservoir.

Orig. Decree: Cases No. 80CW546 and 81CW413 (consol.), 7/17/1990 in Dist. Court, Water Div. 5. Subsequent Decrees: Cases No.

85CW331, 93CW196, 96CW201 and 96CW202 (consol.), 02CW368, 04CW131, and 11CW111 all in Dist. Court, Water Div. 5. Legal

Description: SE1/4 SW1/4 Sec. 32, T. 7 S., R. 89 W., 6th P.M., also desc. in Case No. 11CW111 as being 3,385 ft. from the E. Sec.

line and 580 ft. from the S. Sec. line of said Sec. 32. The reservoir priority may also be stored at changed and alt. locations, as desc.

below. Approp. Date: 6/29/1981. Amt.: 52 AF, cond., of which 10 AF, cond., is changed to the Babbish Gulch Reservoir Pond No. 1,

and 4.33 AF is absolute at the Babbish Gulch Reservoir, Four Mile Snowmaking Pond Alt. location, as desc. below. Uses: Irr.,

snowmaking, mun., dom., fire prot., rec., aesthetics, replacement and exchange, and all other beneficial uses. Source: this on-channel

storage facility is located on Babbish Gulch, which is trib. to Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado

River. The reservoir can also be filled using the Sunlight Feeder Ditch (see Case No. 85CW331), and the Sunlight Feeder Ditch, Four

Mile Creek Alt. Diversion Pt. (see Case No. 02CW368). Decreed Changed and Alt. Places of Storage: Babbish Gulch Reservoir Pond

No. 1: The Court decreed this changed place of storage of the reservoir priority in Case No. 93CW196. Legal Description: NW1/4, Sec.

32, T. 7 S., R. 89 W., 6th P.M., beginning at a pt. whence the NW corner of said Sec. 32 bears N. 43 deg., 30 min. and 00 sec. W., 3,050

ft. to the midpt. of the centerline of the dam; also desc. in Case No. 11CW111 as being 3,170 ft. from the E. Sec. line and 3,015 ft. from

the S. Sec. line of said Sec. 32. Amt.: 10 AF, cond. Source: Off-channel pond fed by a feeder ditch that diverts from Babbish Gulch

from a headgate located in the NE1/4 SW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M., beginning at a pt. whence the NW corner of said Sec.

32 bears N. 39 deg., 00 min. and 00 sec. W. a distance of 3,410 ft.; also desc. in Case No. 11CW111 as being 3,120 ft. from the E. Sec.

line and 2,590 ft. from the S. Sec. line of said Sec. 32. Babbish Gulch Reservoir, Four Mile Snowmaking Pond Alt.: The Court decreed

this alt. place of storage in Case No. 02CW368. Legal Description: As corrected in Case No. 11CW111, the dam is situated in the SW1/4

NE1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M., 2,382 ft. distant from the E. Sec. line and 3,416 ft. distant from the S. Sec. line of said Sec.

32; also desc. in Case No. 11CW111 as UTM Zone 13, Northing 4364207 meters and Easting 297468.2 meters. Amt.: Up to 5 AF, of

which 4.33 AF was confirmed absolute in Case No. 11CW111 with 0.7 AF remaining cond. Source: Four Mile Creek at the Sunlight

Feeder Ditch Four Mile Creek Alt. Diversion, which diverts from Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado

River. Babbish Gulch Reservoir, Snowboard Park Reservoir Alt.: The Court decreed this alt. place of storage in Case No. 02W368.

Legal Description: SW1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., more particularly desc. as beginning at the mid-pt. of the

centerline of said dam whence the W. 1/4 corner of said Sec. 33 bears N. 24 deg., 08 min., 51 sec. W., a distance of 2,167.55 ft.; also

desc. in Case No. 11CW111 as being 4,445 ft. from the E. Sec. line and 655 ft. from the S. Sec. line of said Sec. 33. Amt.: Up to 5.22

AF, cond. Source: Sunlight Alt. Pt. No. 1, which diverts from Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado

River. Structures: Sunlight Wells No. 1 through 12. Orig. Decree: Case Nos. 80CW546 and 81CW413 (consol.), 7/17/1990, Dist. Court,

Water Div. 5. Subsequent Decrees: Cases No. 96CW201 and 96CW202 (consol.), and 04CW131, 07CW58, and 11CW111. Legal

descriptions: Sunlight Well No. 1: Located in the NW1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., at a pt. from whence the NE

corner of said Sec. 33 bears N. 54 deg. 22 min. 30 sec. E. 5,043.90 ft.; also desc. as being 3,995 ft. from the E. Sec. line and 2,175 ft.

from the S. Sec. line of said Sec. 33. Sunlight Well No. 2: Located in the NE1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at

a pt. whence the NE corner of said Sec. 33 bears N. 51 deg. 37 min. 30 sec. E. 5,001.30 ft.; also desc. as being 3,800 ft. from the E. Sec.

line and 2,015 ft. from the S. Sec. line of said Sec. 33. Sunlight Well No. 3: Located in the NE1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W.,

6th P.M. at a pt. whence the NE corner of Sec. 33 bears N. 46 deg., 09 min., 30 sec. E. 4,727.60 ft.; also desc. as being 3,295 ft. from

the E. Sec. line and 1,845 ft. from the S. Sec. line of said Sec. 33. Sunlight Well No. 4: A pt. in the NW1/4 SE1/4, Sec. 33, T. 7 S., R.

89 W., 6th P.M. located 1,890 ft. N. of the S. Sec. line of said Sec. 33 and 2,930 ft. E. of the W. Sec. line of said Sec. 33. Sunlight Well

No. 5: A pt. in the NW1/4 SE1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. located 2,110 ft. N. of the S. Sec. line of said Sec. 33 and 2,930

ft. E. of the W. Sec. line of said Sec. 33. Sunlight Well No. 6: A pt. in the NE1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. located

1,850 ft. N. of the S. Sec. line of said Sec. 33 and 2,550 ft. E. of the W. Sec. line of said Sec. 33. Sunlight Well No. 7: A pt. in the

NE1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. located 2,280 ft. N. of the S. Sec. line of said Sec. 33 and 2,520 ft. E. of the W. Sec.

line of said Sec. 33. Sunlight Well No. 8: A pt. in the NE1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. located 2,600 ft. N. of the S.

Sec. line of said Sec. 33 and 1,860 ft. E. of the W. Sec. line of said Sec. 33. Sunlight Well No. 9: A pt. in the NE1/4 SW1/4, Sec. 33, T.

7 S., R. 89 W., 6th P.M. located 2,160 ft. N. of the S. Sec. line of said Sec. 33 and 1,810 ft. E. of the W. Sec. line of said Sec. 33. Sunlight

Well No. 10: A pt. in the NW1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. located 2,560 ft. N. of the S. Sec. line of said Sec. 33 and

80 ft. E. of the W. Sec. line of said Sec. 33. Sunlight Well No. 11: A pt. in the SW1/4 NE1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M.

located 3,280 ft. N. of the S. Sec. line of said Sec. 32 and 2,740 ft. E. of the W. Sec. line of said Sec. 32. Sunlight Well No. 12: A pt. in

the NE1/4 SW1/4, Sec. 32, T. 7 S., R. 89 W. of the 6th P.M. located 2,590 ft. N. of the S. Sec. line of said Sec. 32 and 2,410 ft. E. of the

W. Sec. line of said Sec. 32. Alt. Pt. of Diversion. The Sunlight Wells No. 1 through 12 may also divert at the Sunlight Alt. Pt. No. 1,

desc. above, pursuant to the decree entered in Case No. 96CW244. Source: Groundwater trib. to Four Mile Creek, trib. to the Roaring

Fork River, trib. to the Colorado River, and Four Mile Creek when diverting at the Sunlight Alt. Pt. No. 1, desc. herein. Amts., Uses and

Approp. Dates: Sunlight Well No. 1: 45 gpm (0.10 c.f.s.; 72.4 AF/year) of which: 45 gpm, is cond. for mun. use, limited to dom., irr.,

comm., fire prot., rec. and snowmaking purposes, as clarified in Case No. 04CW131, with an approp. date of 12/31/1980; 10 gpm (0.22

c.f.s.; 16.1 AF/year) is absolute for dom. use, with an approp. date of 8/3/1966 (see Cases No. 80CW546 and 81CW413 (consol.)); and

45 gpm is absolute for comm., rec. and snowmaking use, with an approp. date of 12/31/1980 (see Cases No. 96CW201 and 96CW202

JULY 2018 RESUME


(consol.)). Sunlight Well No. 2: 11 gpm (0.024 c.f.s.; 17.7 AF/year), of which: 11 gpm is cond. for mun. use, limited to dom., irr.,

comm., fire prot., rec. and snowmaking purposes, as clarified in Case No. 04CW131, with an approp. date of 12/31/1980; 10 gpm (0.22

c.f.s.; 16.1 AF/year), is absolute for dom. use, with an approp. date of 5/18/1967 (see Cases No. 80CW546 and 81CW413 (consol.)); 11

gpm is absolute for comm., rec. and snowmaking use, with an approp. date of 12/31/1980 (see Cases No. 96CW201 and 96CW202

(consol.)). Sunlight Well No. 3: 2.5 gpm (0.0056 c.f.s.; 4 AF/year), of which: 2.5 gpm, is cond. for mun. use, limited to dom., irr.,

comm., fire prot., rec. and snowmaking purposes, as clarified in Case No. 04CW131, with an approp. date of 12/31/1980; 2.5 gpm is

absolute for dom. use, with approp. date of 8/6/1966 (see Cases No. 80CW546 and 81CW413 (consol.)); and 2.5 gpm is absolute for

comm. and rec. use, with an approp. date of 12/31/1980 (see Cases No. 96CW201 and 96CW202 (consol.)). Sunlight Wells No. 4

through 12: 20 gpm each, cond., for irr., mun., dom., comm., fire prot., rec., aesthetic, snowmaking (as clarified in Case No. 96CW244

paragraph 16) and all other beneficial uses, limited to 32.2 AF/year, with an approp. date of 6/29/1981. As decreed in Case No.

04CW131, water from the Sunlight Wells No. 4 through 12 will be used to irrigate no more than 3.3 acres of land located in the NW1/4

SW/1/4 and NE1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. Depth of Wells: Sunlight Well No. 1: 78 ft. Sunlight Well No. 2: 186

ft. Sunlight Well No. 3: 98 ft. Sunlight Wells No. 4 through 12: 200 ft. Remarks: Diversions of any one or combination of one Sunlight

Wells No. 1 through 12 at the Sunlight Alt. Pt. No. 1 are limited to a call date upstream of 9/27/1996. Names and addresses of owners

or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage

structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool:

Sunlight Wells No. 1, 2, 3, 6, 7, 8, 9, 10, and 12, Babbish Gulch Reservoir Pond No. 1, Babbish Gulch Reservoir Four Mile Snowmaking

Pond Alt., Babbish Gulch Reservoir Snowboard Park Reservoir Alt., and the Sunlight Alt. Pt. No. 1: Applicant. Sunlight Wells No. 4

and 5: Larry Todd Lorentson, P.O. Box 932, Kokomo, IN, 46903-0932. Sunlight Well No. 11, Sunlight Feeder Ditch Four Mile Creek

Alternate Diversion Point, Babbish Gulch Reservoir Four Mile Snowmaking Pond Alternate: Malcom Ross and Theresa Marie Terry,

1510 Forest Service 200 Road, Glenwood Springs, CO 81601. Sunlight Feeder Ditch: ECAAE LLC, 1592 Greystone Drive, Carbondale,

CO 81623. Babbish Gulch Reservoir: United States Forest Service, White River National Forest, 900 Grand Ave., Glenwood Springs,

CO 81601. Integrated System: In Cases No. 96CW201 and 96CW202 (consol.), this Court found the Subject Water Rights are part of

an integrated water supply for Applicant’s property. A complete list of diligence activities and expenditures is on file with this court.

Claim to Make Absolute: Applicant stored water for decreed uses under the Babbish Gulch Reservoir right at the Babbish Gulch

Reservoir Pond No. 1 as follows: Date Applied to Beneficial Use: 5/14/2018. On this date, according to Div. of Water Resource hist.

call records, Applicant completed the storage of water in priority by diverting water through a feeder ditch (described above) for storage

in the Babbish Gulch Reservoir Pond No. 1. Amt.: 6.57 AF, absolute, 3.43 AF to remain cond. Active Storage: 6.57 AF Dead Storage:

0 AF Surface Area at High Water Line: 0.68 acres. Length of Dam in Ft.: 740 ft. Max. Ht. of Dam in Ft.: 9.9 ft. Use: Snowmaking.

As-Built Locations: Babbish Gulch Reservoir Pond No. 1 was built in the SE1/4 NW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M. UTM

Zone 13 NAD 83, Easting 297235 meters, Northing 4364076 meters. The pond is 190 ft. from the decreed location. Source: The feeder

ditch for the pond diverts from the NE1/4 SW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M. UTM Zone 13 NAD 83, Easting 297179 meters,

Northing 436400 meters. The headgate is 291 ft. from the decreed location. Remarks: A stage-capacity table and as-built survey of the

pond are available for review. 12 pgs., 2 exh.











18CW3120 440-808, LLC, P.O. Box 86, Golden, CO 80402-0086, (Frederick A. Fendel, III and Bradford R. Benning, Petrock Fendel

Poznanovic, P.C., 700 17th St., #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHT, PLAN FOR

AUGMENTATION, AND APPROPRIATIVE RIGHTS OF EXCHANGE, GRAND COUNTY. Water Right for Groundwater: 2.1.

Name: 440-808 LLC Well No. 1; 2.2. Well Permit No.: 175304; 2.3. Location: SW1/4 NE1/4 of Section 21, T1S, R75W of the 6 th

P.M., Grand County, Colorado, lying 2,398 feet from the North Section Line and 1,324 feet from the East Section Line. The Well is

located on Lot 16 of the Frosty Acres Subdivision. The GPS location in UTM format is as follows: Map Datum: NAD83; UTM: Zone

13; Easting 433378, Northing 4421981.6. The Well is located within the boundaries of Applicant’s property, which is described as Lot

16 of the Frosty Acres Subdivision as amended by the Amended Final Plat for Urban Filing Third Amendment of Frosty Acres a.k.a.

440 Jack Frost Dr. (County Rd. 808), Fraser, CO 80442 (“Property”). The 440-808 LLC Well No. 1 and the Property are shown on the

attached map marked as Exhibit 1; 2.4. Uses: Domestic use in a single-family house, outdoor hot tub, landscape irrigation, fire protection,

and commercial use in an attached caretaker/commercial rental unit; 2.5. Rate of Diversion: 15 g.p.m., 10 g.p.m. absolute, 5 g.p.m

JULY 2018 RESUME


conditional; 2.6. Depth of Well: 250 feet; 2.7. Annual Amount of Diversion: Approximately 0.826 acre-feet per year; 2.8. Appropriation

Dates: July 31, 1968 for domestic uses (single family house, up to 200 square feet of irrigation, and fire protection); May 19, 1993 for

attached indoor caretaker/commercial rental unit and outdoor hot tub; and July 31, 2018 for irrigation in excess of 200 square feet; 2.9.

Source: Groundwater tributary to Ranch Creek, tributary to the Fraser River and Colorado River; Plan for Augmentation. 3.1.

Augmented Structure: 440-808 LLC Well No. 1 described in ¶2 of Application; 3.2. Diversions, Depletions and Return Flows:

Depletions from the use of 440-808 LLC Well No. 1 total a maximum of approximately 0.099 a.f./yr. based on total diversions of

approximately 0.826 a.f./yr. In-door use is estimated to be 0.807 a.f./yr. based on 12 people at 100 percent year-round occupancy.

Return flows from in-door use will be through an existing onsite septic leach field with return flows calculated at 90 percent of in-door

diversions. Hot tub use is estimated to be 0.010 a.f./yr. based on an 800 gallon hot tub filled 4 times annually with no return flows

(assumed 100 percent consumptive). Irrigation demand is estimated to be 0.0092 a.f./yr. based on an estimated area of 1,000 sq. ft. of

drip irrigation with return flows at 5 percent of diversions or a calculated depletion of 0.0087 a.f./year; 3.3. Source of replacement water:

3.3.1. Middle Park Water Conservancy District Allotment Contract Water. Applicant has been approved for a Water Allotment Contract

with the Middle Park Water Conservancy District (“MPWCD”) for 0.1 acre-feet per year (the “MPWCD Contract”). This MPWCD

Contract water is more specifically described as follows: 3.3.1.1. Windy Gap Water Rights Stored in Granby Reservoir. The MPWCD

Contract represents a portion of the 3,000 acre feet produced from the Municipal Subdistrict, Northern Colorado Water Conservancy

District available under the Windy Gap water rights, which water rights the Municipal Subdistrict has agreed to dedicate and set aside

annually in Granby Reservoir. Granby Reservoir is located upstream of the confluence of the Fraser and Colorado Rivers, on the

Colorado River, Grand County, Colorado and its outlet is located in NE1/4 SE1/4, Section 11, T2N, R76W, 6th P.M., approximately

2,588 feet from South section line and 391 feet from East section line. The Windy Gap water rights were decreed in C.A. 1768, Grand

County District Court, and W-4001, 80CW108, District Court, Water Division 5. Subsequent decrees include Case Nos. 88CW169,

88CW170, 88CW171, 89CW298, 84CW110, 84CW111, 84CW112, 95CW033, 01CW203, and 08CW92. MPWCD’s right to the

Windy Gap water from Granby Reservoir is based on the following agreements: (1) the Agreement Concerning the Windy Gap Project

and the Azure Reservoir and Power Project, dated April 30, 1980, as approved by the District Court, Water Division 5, by Interlocutory

Decree dated October 27, 1980 in Case No. 1768; (2) Supplement to Agreement of April 30, 1980, approved by the District Court,

Water Division 5, in Case No. 85CW135; (3) 2012 Windy Gap Firming Project Intergovernmental Agreement, as approved by the

District Court, Water Division 5 in Case No. 17CW3176; and (4) November 30, 2012 Windy Gap Firming Project Intergovernmental

Agreement. 3.3.1.2. Wolford Mountain Reservoir: As an alternate source of supply under its MPWCD Contract, Applicant may utilize

water stored in Wolford Mountain Reservoir, located in the SW1/4 NE1/4 of Section 25, T2N, R81W of the 6th P.M. in Grand County

Colorado. The water is a portion of the storage right located at Wolford Mountain Reservoir, as adjudicated in Case No. 97CW283,

decree entered November 20, 1989, District Court, Water Division 5. MPWCD has an interest in 3,000 acre-feet of this Wolford

Mountain water by virtue of an agreement between the Colorado River Water Conservation District, the Board of County Commissioners

of Grand County, and the MPWCD, dated December 17, 1992. Wolford Mountain Reservoir is located on Muddy Creek. The Wolford

Mountain Reservoir dam is located in SW1/4 NE1/4 of Section 25, Township 2 North, Range 81 West of the 6th P.M. 3.3.1.3.

Additional Existing or Future Sources of Augmentation and Replacement Supply to Either Ranch Creek, the Fraser River, and Colorado

River – Supplies of Augmentation Water of Limited Duration, Additional, or Alternative Sources. Applicant claims the ability to use

additional and alternative future water supplies for augmentation under this plan should any such supplies become available on a

permanent or limited basis. Applicant may add additional sources of augmentation without amending this Application; 3.4.

Augmentation Plan Operations. Augmentation water will be released from Granby Reservoir and/or Wolford Mountain Reservoir to

replace up to 0.1 a.f. of out-of-priority depletions to the Colorado River system caused by Applicant’s diversions at the locations

described in ¶¶3.3.1.1, 3.3.1.2, and 3.3.1.3 of the Application respectively, in accordance with Applicant’s MPWCD Contract, or as

otherwise allowed based on additional or alternative augmentation supplies Applicant may acquire pursuant to ¶3.3.1.3. Appropriative

Rights of Exchange. As part of the Augmentation Plan, Applicant seeks conditional exchange rights to the 440-808 LLC Well No. 1

from the points of replacement – exchange from points described herein. 4.1. Exchange Rate: 0.00015 c.f.s., conditional, limited to 0.1

a.f./yr. 4.2. Exchange Priority Date: July 31, 2018, the date of filing this Application; 4.3. 440-808 LLC Exchange No. 1: 4.3.1. Upstream

Exchange Point – Exchange to Points: 440-808 LLC Well No. 1; 4.3.2. Downstream Exchange from Points: Confluence of the Colorado

and Fraser Rivers, located in the SW1/4 SW1/4 of Section 25, T2N, R77W, 6th P.M. Grand County, Colorado; 4.3.3. Exchange Reach:

Water released from the outlet of Granby Reservoir will flow down the Colorado River to its confluence with the Fraser River, then be

exchanged upstream to the confluence of the Fraser River with Ranch Creek, then upstream on Ranch Creek to approximately the

intersection of Ranch Creek and the East Section Line of Section 21 in the NE1/4 NE1/4 of Section 21, T1N, R75W of the 6 th P.M.,

Grand County, Colorado, to the location of depletions from pumping the 440-808 LLC Well No. 1. 4.4. 440-808 LLC Exchange No. 2:

4.4.1. Upstream Exchange Point – Exchange to Points: 440-808 LLC Well No. 1; 4.4.2. Downstream Exchange from Points: Confluence

of Muddy Creek and the Colorado River, located in the NW1/4 NE1/4 of Section 19, T1N, R80W, 6th P.M. Grand County, Colorado;

4.4.3. Exchange Reach: Water released from the outlet of the Wolford Mountain Reservoir will flow down Muddy Creek to its

confluence with the Colorado River, then be exchanged upstream on the Colorado River to its confluence with the Fraser River, then

upstream to the confluence of the Fraser River with Ranch Creek, then up stream on Ranch Creek to approximately the intersection of

Ranch Creek and the East Section Line of Section 21 in the NE1/4 NE1/4 of Section 21, T1N, R75W of the 6th P.M., Grand County,

JULY 2018 RESUME


Colorado, the location of depletions from pumping the 440-808 LLC Well No. 1; 5. Owners of land on which structures are located:

The 440-808 LLC Well No. 1 is located on the Property owned by Applicant - 404-808, LLC. Granby Reservoir is owned by the United

States of America, Bureau of Reclamation, Eastern Colorado Area Office, 11056 W County Road 18 E, Loveland, CO 80537. Wolford

Mountain Reservoir is owned by the Colorado River Water Conservation District, 27219 Us Highway 40, Kremmling, CO 80459; 6.

CWCB Term and Condition. The Colorado Conservation Board (CWCB) has instream flow rights (ISF) decreed on Ranch Creek in

Case Nos. 90CW306, 90CW306A, and 90CW305 (“Ranch Creek ISF”) and on the Fraser River in Case Nos. 90CW308 and 90CW308B

(“Fraser River ISF”) that are above the confluence of the Fraser and Colorado Rivers, one of Applicant’s augmentation water delivery

locations. The CWCB has ISF in Case Nos. 80CW446, 80CW447, and 80CW448 on the Colorado River (“Colorado River ISF) above

the confluence of Muddy Creek and the Colorado River, an alternate augmentation delivery location. Applicant proposes the following

term and condition if it resolves concerns by the CWCB. When Applicant’s augmentation delivery location is below any ISF described

above that is calling for water when flows drop below the minimum flow decreed for such ISF, Applicant will curtail all outside irrigation

use from the 440-808 LLC Well No. 1 until the ISF minimum flow is satisfied; 7. Other: All numbers are approximate and Applicant

reserves the right without amendment of this Application to revise its diversion and consumptive use numbers higher or lower to increase

or decrease return flows or consumptive use, subject to the limits of the available 0.1 a.f. of augmentation water under the MPWCD

Contract or such other augmentation supplies that Applicant may acquire in the future; WHEREFORE, Applicant requests that the Court

enter a decree granting the water right, exchange rights, and augmentation plan and other relief sought herein and such further relief as

the Court deems proper.











18CW3019 MESA COUNTY. SOURCE: BUZZARD CREEK, TRIB. TO PLATEAU CREEK, TRIB. TO THE COLORADO

RIVER. Amended Application for Change of Water Right and Surface Water Right. Applicant: Laramie Energy, LLC c/o Sara M.

Dunn, Esq., Erika Gibson Mull, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546.

Structure: PE Pump Station. Date of Original and All Relevant Subsequent Decrees: Case No. 14CW3174, Dist. Ct., Water Div. 5,

entered on Nov. 1, 2015. Case No. 16CW3163, Dist. Ct., Water Div. 5, entered on Dec. 28, 2017. Legal Description of Pt. of Diversion:

NW1/4 SW1/4 of Sec. 14, T. 9 S., R. 93 W. of the 6th P.M., at a pt. 2054 ft from the S. line and 978 ft from the W. line of Sec. 14. UTM:

Zone 13; 263347 Easting, 4350875 Northing. An alternate pt. of diversion was decreed at the Groundhog Gulch Diversion Point in

Case No. 16CW3163 in the NE1/4 NE1/4 of Sec. 20, T. 9 S., R. 93 W. of the 6 th P.M., at a pt. 732 ft from the N. line and 1313 ft from

the W. line of said Sec. 20. UTM: Zone 13; 263347 Easting, 4350875 Northing. Source: Buzzard Creek. Approp. Date: Aug. 14, 2003.

Amount Decreed to Structure: 3.3 c.f.s. (2.53 c.f.s. is absolute and 0.77 c.f.s. is conditional). Uses: Industrial use assoc. with nat. gas

and mineral extraction activities including: dust suppression, const. and operation of facilities supporting nat. gas production, gas well

drilling and gas well completions (hydraulic fracturing), reclamation, revegetation, fire prot., filling and refilling the Groundhog Gulch

Reservoir for subsequent uses decreed in Case No. 14CW3174. Place of Use: The Water Court found in Case No. 14CW3174 that

Applicant may put the water to beneficial use on lands located in Garfield, Rio Blanco or Mesa Counties on which Applicant is

conducting nat. gas and mineral extraction activities or other industrial uses, or for which Applicant has contracted to provide water for

such purposes. Description of Proposed Change: Applicant requests approval of an alternate pt. of diversion for the PE Pump Station

at the Gipp Pump Station. Description of Pt. of Diversion: NE1/4 NE1/4 of Sec. 24, T. 9 S., R. 94 W. of the 6th P.M. at a pt. 442 ft from

the N. Sect. line and 1221 ft from the E. Sec. line of Sec. 24, Mesa County, CO. Source: Buzzard Creek. Amt. to be changed: 3.3 c.f.s.,

the combined diversions at the PE Pump Station at its original pt. of diversion and the alternate pts. of diversion including the Groundhog

Gulch Diversion Point decreed in Case No. 16CW3163 and the Gipp Pump Station claimed herein shall not exceed the 3.3 c.f.s. decreed

in Case No. 14CW3174. Applicant is not requesting a change in type of use or place of use. Claim for Surface Water Right: Structure:

Gipp Pump Station. Description of Pt. of Diversion: NE1/4 NE1/4 of Sec. 24, T. 9 S., R. 94 W., of the 6 th P.M. at a pt. 442 ft. from the

N. Sec. line and 1221 ft. from the E. Sec. line of said Sec. 24, Mesa County, CO. Source: Buzzard Creek. Approp. Date: March 12,

2018. Amount: 0.98 c.f.s., absolute and 1.02 c.f.s., conditional. Uses: industrial use assoc. with nat. gas and mineral extraction activities

including: dust suppression, constr. and operation of facilities supporting nat. gas production, gas well drilling and gas well completions

(hydraulic fracturing), reclamation, revegetation, and fire prot. Place of Use: Consistent with prior decrees for Laramie Energy’s

integrated water supply, specifically Case No. 14CW3174, Applicant requests to put the water to beneficial use on lands located in

Garfield, Rio Blanco or Mesa Counties on which Applicant is conducting natural gas and mineral extraction activities or other industrial

JULY 2018 RESUME


use, or for which Applicant has contracted to provide water for such purposes. A map depicting the place of use for the PE Pump Station

water right as decreed in Case No. 14CW3174 is on file with the Water Court. Remarks: Applicant requests approval of junior surface

water right at the Gipp Pump Station to be used when water is not legally or physically available at the PE Pump Station’s original pt.

of diversion, pursuant to the change described above, and water is legally and physically available at the Gipp Pump Station under the

junior surface diversion claimed herein. Name and address of owner of the land upon which any new or existing diversion or storage

structure, or modification of any existing diversion or structure is or will be constructed or upon which water is or will be stored,

including any medication to the existing storage pool: The George H. and JoAnn Gipp Living Trust, 66320 Highway 330 East, Collbran,

CO 81624. (7 pgs. 5 exh.)






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