DIVISION 5 WATER COURT- NOVEMBER 2015 RESUME 1. … · division 5 water court- november 2015 resume...
Transcript of DIVISION 5 WATER COURT- NOVEMBER 2015 RESUME 1. … · division 5 water court- november 2015 resume...
DIVISION 5 WATER COURT- NOVEMBER 2015 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 NOVEMBER 2015. 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.
15CW13 MESA COUNTY-UNNAMED TRIBUTARY TO THE COLORADO RIVER. Marcia Dyer; 3338 C Rd., Palisade, CO
81526 (970) 216-8129. Impala Springs Pump and Impala Springs Pond- Application for Absolute Water Rights (Surface) and a
Conditional and Absolute Water Storage Right. Locations: Impala Springs Pump-SE¼NW¼ of Sec. 24, T.1S, R.1E. of the Ute P.M.
1,307 from the north sec. line and 2,301 ft. from the west sec. line. Impala Springs Pond-SE¼NW¼ of Sec. 24, T.1S, R.1E. of the Ute
P.M. 1, 295 from the north sec. line and 2,292 ft. from the west sec. line. Appropriation: Impala Springs Pump-Sept. 14, 2004; Impala
Springs Pond-Sept. 2004. Amounts and Uses: Impala Springs Pump-0.2 c.f.s., absolute for irrigation, wildlife, fire protection, fishery
and stock water; Impala Springs Pond-1.75 a.f., conditional and 0.07 a.f., absolute for wildlife, fishery, storage, fire protection,
irrigation and stock water. (28 pgs).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2016 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.
2. 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 NOVEMBER 2015. 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.
15CW3106 Board of County Commissioners for County of Grand, Colorado (“Grand County”), c/o County Manager, P.O. Box
264, Hot Sulphur Springs, CO 80451, [email protected], (970) 725-3347. Please direct communications regarding this case to:
David C. Taussig, Mitra M. Pemberton, Courtney J. Krause, WHITE & JANKOWSKI, LLP, Attorneys for Applicant, 511 Sixteenth
Street, #500, Denver, Colorado 80202, Tele: (303) 595-9441. APPLICATION FOR CHANGES OF CONDITIONAL WATER
RIGHTS AND AMENDMENT OF PLAN FOR AUGMENTATION, Grand County. 2. Overview of Application: Grand
County began operating the Granby Landfill in May 1976. The Granby Landfill is shown on the map attached as Exhibit 1. On behalf
of Grand County, the Middle Park Water Conservancy District (“Middle Park”) adjudicated conditional water rights for the Landfill
Well No. 1 for 15 gallons per minute and a plan for augmentation including an appropriative right of exchange (“Landfill Exchange”)
in a decree entered October 5, 2008 in Case No. 06CW217, Water Division 5 (“Original Decree”). Middle Park conveyed the Landfill
Well No. 1 and the Landfill Exchange (collectively “Landfill Water Rights”), along with the plan for augmentation to Grand County
by a deed recorded October 27, 2008. In Case No. 14CW3116, Water Division 5, the court made a finding of reasonable diligence and
continued the conditional water rights for the Landfill Water Rights, except that 5 gallons per minute (“gpm”) of the Landfill Well No.
1 was relinquished to the stream leaving 10 gpm, conditional, for this water right. The Granby Landfill has experienced subsidence
and accordingly was officially closed in June 2010, which in turn has prompted the need for changes of the Landfill Water Rights and
the augmentation plan associated with the Granby Landfill. Grand County seeks to change the type and place of use of the Landfill
Water Rights to conform to the anticipated uses due to closure of the landfill site. Based on future operations under the amended
augmentation plan, Grand County seeks changes in the rate and amount of the Landfill Water Rights under terms to prevent an
enlarged use and prevent injury to other water users. Finally, Grand County seeks amendments to the augmentation plan to simplify
the calculations of depletions and accounting procedures set forth in the Original Decree and instead provide for one-for-one
replacement of diversions. Grand County intends to use the Landfill Water Rights as a multi-purpose water supply for a variety of uses
throughout the County, and in doing so, replace each gallon diverted with a gallon of water under its Middle Park contract, up to a
maximum of 15 acre-feet per year. CHANGE OF CONDITIONAL WATER RIGHTS. 3. Decreed name of structures for which
change is sought: Landfill Well No. 1 and Landfill Exchange. 4. Description of Conditional Water Rights including information
from Previous Decrees: a. Landfill Well No. 1: i. Date of Original Decree: October 5, 2008, Case No. 06CW217, Water Division 5.
ii. Subsequent Decree: July 14, 2015, Case No. 14CW3116, Water Division 5. iii. Appropriation Date: January 23, 2006. iv. Uses:
Commercial uses, including vehicle cleaning, indoor drinking and sanitary, and commercial cleaning. v. Depth: 150 feet. vi. Source:
Ground water from unconsolidated sand and gravel and from bedrock formations, hydraulically connected to the Coyote Creek,
tributary to the Colorado River. vii. Amount: 15 gpm (0.033 cubic feet per second (“cfs”)), conditional, and the annual appropriation
for Landfill Well No. 1 was not to exceed 0.3 acre-feet. Case No. 14CW3116 reduced the decreed amount to 10 gpm, conditional. viii.
Point of Diversion: Located in NW1/4 SE1/4 of Section 23, T2N, R77W of the 6th P.M., 1,701 feet from the South line of said
Section 23 and 1,715 feet from the East line of said Section 23, Grand County, Colorado, as shown on the map attached as Exhibit 1.
ix. Historic Use: The water rights to be changed are conditional. Therefore, there are no records of actual diversion. b. Landfill
Exchange: i. Exchange Reach: The exchange reach of this exchange is shown on the map attached as Exhibit 2. 1. Upstream
Terminus: The point of diversion for the Landfill Well No. 1 is in the NW1/4 SE1/4 of Section 23, T2N, R77W of the 6th P.M., 1,701
feet from the South line of said Section 23 and 1,715 feet from the East line of said Section 23. 2. Downstream Terminus: Colorado
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WATER DIVISION 5 PAGE 2
River to a point where releases from Wolford Mountain Reservoir meet the Colorado River (confluence of the Muddy Creek with the
Colorado River). Releases from Wolford Mountain Reservoir meet the Colorado River in the NW1/4 NE1/4 of Section 19, T1N,
R80W, of the 6th P.M., at a point approximately 2,000 feet from the East line of said Section 19 and 200 feet from the North line of
said Section 19. ii. Date of Appropriation: January 23, 2006. iii. Exchange Rate: 0.1 acre-feet per year, or approximately 0.00014 cfs
(0.061 gpm). iv. Place of Use: The Landfill Property shown on Exhibit 1. v. Source of Exchange: As described in paragraph 5 of the
Original Decree, Grand County has a right for stored water in Granby Reservoir or Wolford Mountain Reservoir pursuant to a Water
Allotment Contract with Middle Park Water Conservancy District. 5. Proposed Changes: The Applicant proposes to change the
Landfill Well No. 1 and the Landfill Exchange as follows: a. Change of Type of Use: From “commercial uses, including vehicle
cleaning, indoor drinking and sanitary, and commercial cleaning” to all beneficial uses including but not limited to, domestic,
industrial, fire-fighting, stock watering, commercial, municipal, irrigation, augmentation, exchange and substitution, storage, and
replacement, dust suppression, water for bike trails, including pumping from the well to fill trucks for transportation to other locations
in the County. b. Alternate Place of Use: In addition to use at Granby Landfill, the water diverted pursuant to Landfill Water Rights
will be used throughout the County including filling trucks to transport the water to other locations where the water is needed. c.
Change in Rate and Amount: From 0.061 gpm for the Landfill Exchange, 0.1 acre-feet per year for the Landfill Exchange, and 0.3
acre-feet per year for the Landfill Well No. 1 to 10 gpm for the Landfill Exchange and a maximum of 15 acre-feet per year combined
under the Landfill Water Rights. To prevent an enlarged use of the conditional water rights and prevent injury to other water users,
Applicant proposes that all 10 gpm up to 15 acre-feet per year of the Landfill Water Rights will be administered under an effective
appropriation date of November 2, 2015 with an adjudication date of December, 31 2015 which will also allow for ease in
administration and as a result of the amendments to the augmentation plan for a one-for-one replacement described below.
AMENDMENT TO PLAN FOR AUGMENTATION. 6. Names of Structures to Be Augmented: Landfill Well No. 1 and
Landfill Exchange, which are described in paragraph 4 above. The Landfill Well No. 1 has been issued well permit number is 68905-
F. 7. Summary of Amendments to Plan for Augmentation: When the Original Decree was obtained, the Granby Landfill was an
active facility and the anticipated augmented uses of the well associated with the landfill were for vehicle cleaning, indoor drinking
and sanitary use, emergency eye wash station, and commercial cleaning. The Original Decree contained detailed estimates of the
depletions associated with those uses. Because of the closure of the Granby Landfill those uses are obsolete. Instead, Grand County
seeks to simplify the calculations of depletions and accounting procedure set forth in the Original Decree. Instead of calculating the
depletions, Grand County seeks an amendment that will replace 100% of the diversions made under the Landfill Water Rights with
water it is entitled to from Granby Reservoir and Wolford Mountain described below in paragraph 8. 8. Water rights to be used for
augmentation, substitution, replacement, and exchange: a. Middle Park Water from Granby Reservoir: Grand County has the right
to use some of the water stored in Granby Reservoir pursuant to a water allotment contract for 15 acre-feet per year with Middle Park.
This water is a portion of the 3,000 acre-feet which the Municipal Subdistrict, Northern Colorado Water Conservancy District has
agreed to annually place in storage in Granby Reservoir, which is located on the Colorado River upstream from the confluence of the
Fraser and Colorado Rivers in Grand County, Colorado. Additional provisions of this agreement are outlined in the Agreement
Concerning the Windy Gap Project and the Azure Reservoir and Power Project, dated and signed April 30, 1980 and approved by
Water Court, Water Division No. 5, Civil Action 1768, by Interlocutory Decree dated October 27, 1980, and Supplement to
Agreement of April 30, 1980, dated March 29, 1985, and duly decreed in Case No. 85CW135, and further described in the Windy Gap
Firming Project Intergovernmental Agreement dated January 2, 2013. b. Middle Park Water from Wolford Mountain Reservoir: As an
alternate source of supply, Grand County may utilize a portion of the storage right located at Wolford Mountain Reservoir, as
adjudicated in Case No. 87CW283, decree entered November 20, 1989, District Court, Water Division No. 5. Middle Park Water
Conservancy District 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 Middle Park Water
Conservancy District, dated December 17, 1992. The legal description of the place of storage is: Wolford Mountain Reservoir, the
dam of which is located in the SW 1/4 NE 114 of Section 25, Township 2 North, Range 81 West of the 6th
P.M. c. Other Replacement
Supplies: Grand County may also lease or use other replacement supplies that are acceptable to the Division Engineer, including
temporary supplies pursuant to C.R.S.§ 37-92-305(8). 9. Historical Use of Replacement Supplies: The augmentation water which is
in storage as described in paragraph 8 is decreed for augmentation/exchange and is not being changed as part of this case. Applicant
does not have access to historical use records for this water. 10. Statement of Amended Plan for Augmentation: Under the amended
augmentation plan/exchange, Grand County will measure the amount of water diverted through the Landfill Well No. 1 with a
totalizing flow meter. For each gallon of water pumped, a gallon of water will be replaced to the Colorado River using the sources
described in paragraph 8 in amounts and at times as determined by the Division Engineer to prevent injury to senior downstream water
rights. This release will be coordinated with Middle Park and may be aggregated as determined by Middle Park and the Division
Engineer. The full rate of diversion of 10 gpm up to 15 acre-feet per year will be administered under an effective appropriation date of
November 2, 2015 and an adjudication date of December 31, 2015. 11. Name and address of owners of land on which structures
are or will be located: Grand County, owns the land upon which the Landfill Well No. 1 is located. The changes and amendments do
not propose to modify any existing diversion or storage structures. (7 pages, 2 exhibits)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2016 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
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 3
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.
3. 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 NOVEMBER 2015. 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.
15CW3107 GUNNISON COUNTY. CRYSTAL RIVER, TRIB. TO THE ROARING FORK RIVER, TRIB. TO THE
COLORADO RIVER. Application for Surface Water Right, Water Storage Right and Approval of Plan for Aug. Including Approp.
Right of Exchange. Applicants: Michael Dalton and Suzanne Dalton, Mary McMahon, c/o Balcomb & Green, PC, PO Drawer 790,
Glenwood Springs, CO 81602; 970-945-6546. Summary: This Application requests confirmation of a cond. water storage right to fill
from the Crystal River and springs and seeps located on Applicants’ property. Applicants also request a plan for aug. and Approp.
right of exchange to replace out-of-priority evap. depletions from the pond during times of a call on the Colorado River. In the event
of a local call on the Crystal River, the claimed water rights will be administered in priority or water will be allowed to flow through
the pond and back to a pt. at or above the pt. of diversion together with an Amt. to cover any evap. depletions. A map showing the
location of the structures is attached to Application as Figure 1. Applicants request confirmation of a cond. water storage right for the
Gordon Pond as described as follows: Reservoir: Gordon Pond. Location: SE¼ SW¼ of Sec. 21, T. 11 S., R. 88 W., 6 P.M. 909 ft.
from the S. Sec. line and 1,771 ft. from the W. Sec. line. The Gordon Pond is filled from a surface diversion and from surface runoff,
surface springs and seeps. Ditch: Gordon Pump and Pipeline with a capacity of 0.5 cfs. Pt. of Diversion: SE¼ SW¼ of Sec. 21, T. 11
S., R. 88 W., 6 P.M. 1,082 ft. from the S. Sec. line and 1,905 ft. from the W. Sec. line. Date of Approp.: 8/17/2015. How initiated:
Field inspection, survey and formulation of intent to apply water to beneficial use. Amt. claimed: 6.5 AF, with right to fill and refill in
priority; The rate of diversion to fill the Gordon Pond is 0.5 cfs.; Surface area: 0.54 acre. Ht. of dam: less than ten ft., the pond will be
partially excavated. Use: Aesthetics, rec., pisc. and fire prot. Remarks: The Gordon Pond will be constructed with a low level outlet to
allow for releases to be made consistent with the plan for aug. described below. In addition, the pond will be constructed in a manner
that it will not intercept groundwater. Applicants request Approval of Plan for Aug. consistent with the engineering letter report
attached as Exhibit A to Application and described as follows. Structures to be Augmented: Gordon Pond described above. Water
Rights to be used for Aug.: Applicant has applied for a water supply contract with the Colorado River Water Cons. Dist. for delivery
of up to 1.1 AF of aug. supplies using the following water rights: Wolford Mountain Reservoir and Ruedi Reservoir. These water
rights are described in greater detail in the Application or are available at www.coloradoriverdistrict.org/district-buisness/water
marketing. Statement of Plan for Aug.: This plan for aug. replaces the out-of-priority evap. depletions from the Gordon Pond
described above. The plan considers calls from water rights on the Colorado River and the Crystal River that are senior to the water
rights claimed herein. Depletions. The Gordon Pond and assoc. water features have a surface area of 0.540 acres. Applicants’
engineers calculated the gross annual evap. from the Gordon Pond using NOAA Technical Report NWS 33, Evap. for the Contiguous
48 United States using the isopleths of annual shallow lake evap. for the State of Colorado. Gross annual evap. was distributed on a
monthly basis according to the General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the State
Engineer Pursuant to SB-120 & SB93-260. For purposes of this plan, evap. is assumed to occur only when the average daily
temperature is greater than 32 degrees Fahrenheit. Gross evap. is calculated at 37.0 inches and is not adjusted for effective
precipitation. Total annual evap. is estimated at 1.456 AF as follows:
March April May June July Aug. Sept. Oct. Nov. Total
0.029 0.150 0.208 0.258 0.266 0.216 0.183 0.125 0.020 1.456
*All numbers in AF/month. Colorado River Call. Out-of-priority evap. depletions from the subject water rights will be replaced
using Applicant’s Colorado River Water Cons. Dist. water allotment contract. This will allow the Gordon Pond to stay full during
times of a call and to receive freshening flows from the Crystal River. Anticipated releases using Applicant’s BWCD Water
Allotment Contract are as follows:
March April May June July Aug. Sept. Oct. Nov. Total
(1) 0 7 7 14 31 31 30 31 7 158
(2) 0 0.038 0.052 0.132 0.293 0.238 0.201 0.137 0.005 1.098
*All numbers in AF/month. (1) Assumed dry year call on the Colorado River based on hist. call data. (2)Storage release in AF/month
based on total depletions multiplied by the number of days of call then divided by the number of days in the month multiplied by 1.1
for 10 percent transit loss. Local Call. In the event of a local call on the Crystal River Creek, Applicant will either cease diversions by
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WATER DIVISION 5 PAGE 4
the Gordon Pump and Pipeline or continue diversions and flow the diverted water through the pond together with releases from the
Gordon Pond to a pt. at or above the Gordon Pump and Pipeline commensurate with the evap. depletions from the Gordon Pond.
When this right is not in priority due to such a call, evap. from the Gordon Pond will cause the water level to drop. Anticipated
releases from storage in the Gordon Pond during times when the Crystal River is under administration and diversions are being made
into the Gordon Pond are as follows:
March April May June July Aug. Sept. Oct. Nov. Total
(1) 0 30 31 30 31 31 30 31 30 244
(2) 0 0.15 0.21 0.26 0.27 0.22 0.18 0.12 0.02 1.43
*All numbers in AF/month. (1) Assumed dry year call on the Crystal River based on hist. call data. (2) Storage release in AF/month
based on total depletions multiplied by the number of days of call then divided by the number of days in the month. Evap. depletions
and reservoir releases from the Gordon Pond will cause the reservoir level to drop as shown in the following table measured in ft.
March April May June July Aug. Sept. Oct. Nov. Total
0 0.28 0.39 0.48 0.49 0.40 0.34 0.23 0.04 2.64
Applicants request approval of an Approp. Right of Exchange: Name of Exchange: Gordon Exchange. Upstream Terminus: Pt. of
Depletion on Crystal River from Gordon Pond, County: Gunnison SE¼ SW¼, Sec. 21, T. 11 S., R. 88 W., 6 P.M. 648 ft. from the S.
Sec. line and 2,550 ft. from the W. Sec. line. Downstream Terminus: Varies depending upon source of aug. supply: For releases from
Wolford Mountain Reservoir, the confluence of the Colorado River and the Roaring Fork River. For releases from Ruedi Reservoir,
the confluence of the Roaring Fork River and Fryingpan River. Amt.: 0.013 cfs, cond. Date of Approp.: 8/17/2015. How initiated:
Field inspection, survey and formulation of intent to apply water to beneficial use. Name and address of the owner upon which any
new structure will be located: Applicants. (23 pgs).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2016 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.
4. 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 NOVEMBER 2015. 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.
15CW3108 GARFIELD COUNTY, COLORADO RIVER, Town of Silt, Colorado, c/o Town Administrator, P.O. Box 70, Silt, CO
81625; Michael J. Sawyer, Esq., and Patrick L. Barker, Esq., Karp Neu Hanlon, P.C., 201 14th Street, Suite 200,Glenwood Springs,
CO 81601. Application to Make Conditional Water Rights Absolute, and Absolute in Part, and Application for Finding of
Reasonable Diligence. First Claim: Make Surface Water Right Absolute. Silt Pipeline. Date of original decree: 3/28/1940, in
CA 3322, Garfield County District Court. Subsequent diligence decrees: W-120, W-120-74, W-120-78, 82CW130, 86CW143,
90CW121, 96CW145, 03CW048, 06CW204, and 14CW3104, Division 5. Location: Alternate Point - Case No. 85CW195: A point in
the SE¼NE¼ of Sec. 10, Twp. 6 S, R 92 W, 6th
P.M. at a point whence the NE corner of said Sec. 10 bears N. 17º54’32’’ W. 2,471.20
ft. Alternate point - Case No. 05CW19: A point in the S½NE¼ of Sec. 9, Twp. 6 S, R 92 W, 6th
P.M., whence the NE corner of said
Sec. 9 bears N. 35º41’37’’ E. a distance of 2,620.27 feet and the SE corner of said Sec. 9 bears S. 26º21’28’’ E. a distance of 3,583.70
feet. Also described as 3,211 feet from the South section line and 1,529 feet from the East section line of said Sec. 9. Alternate point
- Case No. 13CW52: The Silt Municipal Well Field generally located in Sec. 9, Twp. 6 S, R. 92 W, 6th
P.M., comprising of 8.054 ac.
Source: Colorado River. Appropriation date: 2/1/1939. Amount: Remaining conditional 0.0695 c.f.s., out of 1.50 c.f.s. total. Uses:
Domestic purposes including fire protection, sprinkling of lawns, general domestic uses, street sprinkling and other uses ordinarily
utilized by towns and cities for their domestic water supply. Place of use: Applicant’s present and future water service area. Second
Claim: Make Surface Water Right Absolute, In Part, and Finding of Reasonable Diligence. Silt Pipeline, First Enlargement.
Date of original decree: 10/18/2002, in Case No. 01CW321, Division 5. Subsequent diligence decrees: 11/15/2009, in Case No.
08CW134, Division 5. Location: Location decreed in Case No. 01CW321: A point in the SE¼ of the NE¼ of Sec. 10, Twp. 6 S, R 92
W, 6th
P.M., at a point from which the NE corner of said Sec. 10 bears N. 17º54’32’’ E. 2,471.20 ft. Alternate point -Case No.
05CW19: A point in the S½NE¼ of Sec. 9, Twp. 6 S, R 92 West, 6th
P.M., whence the NE corner of said Sec. 9 bears N. 35º41’37’’ E.
a distance of 2,620.27 ft. and the SE corner of said Sec. 9 bears S. 26º21’28’’ E. a distance of 3,583.70 ft. Also described as being
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 5
located 3,211 feet from the South section line and 1,529 feet from the East section line of said Sec. 9. Alternate point - Case No.
13CW52: The Silt Municipal Well Field generally located in Sec. 9, Twp. 6 S, R 92 W, of the 6th
P.M., comprising of 8.054 ac.
Source: Colorado River. Appropriation date: 9/20/2001. Amount: 0.73 c.f.s., out of 8.5 c.f.s. total, balance to remain conditional.
Uses: All municipal uses, including without limitation, domestic, industrial, manufacturing, commercial, recreation, sanitation and
sewage treatment, street cleaning, fire protection, power generation, irrigation of parks, lawns and gardens, maintaining adequate
storage reserves, and regulation and adjustment of the features of the Applicant’s water system within themselves and with other water
users. Place of use: Applicant’s present and future water service area. Evidence of reasonable diligence: The Application contains
evidence of what has been done toward the development and application to beneficial use of the subject water rights. Name and
address of owner of land on which structure is located: Applicant, as to all approved points of diversion. (11 pp. with exhibits).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2016 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.
5. 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 NOVEMBER 2015. 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.
15CW3109 (05CW75) IN EAGLE COUNTY, COLORADO. APPLICATION FOR A FINDING OF REASONABLE
DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN PART. CONCERNING THE APPLICATION FOR WATER
RIGHTS OF VAIL ASSOCIATES, INC. AND G. JOUFLAS RANCHES, LLC. DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO, Garfield County Courthouse, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and
address of Co-Applicants: (a) Vail Associates, Inc. (“Vail”) c/o Bill Kennedy, P.O. Box 7, Vail, CO 81658 Direct all pleadings to:
Glenn E. Porzak, William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302 (b) G. Jouflas
Ranches, LLC (“Jouflas”) 2560 I ½ Road, Grand Junction, CO 81505 Direct all pleadings to: William H. Caile, Holland & Hart LLP,
P.O. Box 8749, Denver, CO 80201. 2. Names of structures and descriptions of conditional water rights: The conditional water rights
identified below were originally decreed on April 26, 1997, in Case No. 97CW298 in the District Court in and for Water Division No.
5. The map attached as Exhibit A shows the location of the structures described below. (a) Vail-Jouflas Eagle River Diversion,
claimed by Vail and Jouflas for 5.0 cfs conditional, for domestic, municipal, irrigation, recreation, and commercial uses, with an
appropriation date of July 11, 1997, the source of which is the Eagle River, the headgate of which is located in the NW1/4 SE1/4 of
Section 15, T. 4 S., R. 83 W. of the 6th P.M. at a point whence the SE corner of said Section 15 bears South 4727'32" East a distance
of 2301.7 feet; also known as a point located approximately 1,500 feet from the South line and 1,700 feet from the East line of Section
15. (b) The following described groundwater wells (the “Vail Wells”), claimed by Vail for in-house/in-building domestic and
commercial uses in connection with the golf courses developed by Vail, with an appropriation date of July 11, 1997, the source of
which is groundwater tributary to the Eagle River. (i) Vail Back 9 Well for 5 gpm conditional, located in the NE1/4 of Section 28, T. 4
S., R. 83 W. of the 6th P.M., whence the Northeast corner of said Section 28 bears North 2434'40" East a distance of 832 feet. (ii)
Vail Clubhouse Well, for 25 gpm conditional, located in the SW1/4 of Section 22, T. 4 S., R. 83 W. of the 6th P.M., whence the West
1/4 corner of said Section 22 bears North 4349'38" West a distance of 916 feet. (iii) Vail Maintenance Well, for 10 gpm conditional,
located in the NW1/4 of Section 22, T. 4 S., R. 83 W. of the 6th P.M., whence the North 1/4 corner of said Section 22 bears North
2936'15" East a distance of 1143 feet. (iv) Vail Front 9 Well, for 5 gpm conditional, located in the NE1/4 of Section 22, T. 4 S., R. 83
W. of the 6th P.M., whence the East 1/4 corner of said Section 22 bears South 7549'34" East a distance of 2404 feet. The Vail Wells
are limited to a cumulative maximum diversion rate of 45 gpm and a cumulative maximum volumetric limit of 3 acre feet per year.
The Vail Wells will not be used for any irrigation or livestock purposes, and will not be used to fill any ponds or other water feature.
(c) Vail Golf Course Lake, claimed by Vail for 40 acre feet conditional, for recreation, irrigation and storage uses, the source of which
is the Eagle River, with an appropriation date of July 11, 1997. The center point of the dam is located in the SE1/4 NE1/4 of Section
22, T. 4 S., R. 83 W. of the 6th P.M., at a point 1250 feet from the East section line and 2550 feet from the North section line of said
Section 22. 3. Detailed outline of work done by Vail to complete project and apply water to beneficial use: During the period from
November 12, 2009 until the present date, Vail has engaged in the following activities: (a) Vail spent more than $132,000 on
maintenance, repairs, and upgrades associated with diversion, operation, and beneficial use of the subject water rights. (b) Vail
diverted the Vail-Jouflas Eagle River Diversion at a rate of up to 2.57 cfs and placed that water to use for all decreed beneficial uses.
(c) The subject water rights are part of an integrated water supply for Vail’s Red Sky Ranch development. (d) Vail 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. (e) Vail continues to rely upon and develop the subject water rights and has
no intent to abandon them. 4. Detailed outline of work done by Jouflas to complete project and apply water to beneficial use: During
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 6
the period from November 12, 2009 until the present date, Jouflas has engaged in the following activities: (a) Jouflas engaged in
substantial negotiation with potential purchasers of property and development rights owned by Jouflas, including Jouflas’ interest the
subject Vail-Jouflas Eagle River Diversion water right. (b) Jouflas obtained a water allotment contract from the Colorado River Water
Conservation District for 12.0 acre feet of Eagle River water for augmentation use, including possible augmentation of Jouflas’
interest in the Vail-Jouflas Eagle River Diversion. (c) Jouflas filed and prosecuted water court applications, including claims to make
conditional water rights absolute, comprising elements of Jouflas’ integrated water supply in Case Nos. 10CW98, 10CW103,
10CW180, and 12CW103, Water Division 5. Jouflas has continued to evaluate and develop its water supply plans. The Vail-Jouflas
Eagle River Diversion water right is a significant component of these plans and Jouflas has no intent to abandon its interest. (d)
Jouflas 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. (e) Total expenditures by Jouflas on the above-
referenced activities during the diligence period are conservatively estimated to be in excess of $75,000. 5. Claim to make absolute:
On July 16, 2006, the Vail-Jouflas Eagle River Diversion was diverted by Vail at a rate of 2.57 cfs and used for all beneficial uses in
connection with the Red Sky Ranch development. Records showing the peak diversion rate for the Vail-Jouflas Eagle River Diversion
from 2006 – 2015 are attached hereto as Exhibit B. (9 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2016 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.
6. 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 NOVEMBER 2015. 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.
15CW3110 PITKIN COUNTY, CASTLE CREEK, ROARING FORK RIVER. Red Mountain Willoughby Associates, LLC,
RMWW Holdings, LLC, RMWW Holdings 25 Year QPRT, and RMWW Holdings 30 Year QPRT, c/o Mark E. Hamilton, Esq. and
Kylie J. Crandall, Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, (970) 925-3476,
[email protected], [email protected]. Application for Water Storage Rights, Change of Water Rights and for
Approval of Plan for Augmentation, Including Exchange. FIRST CLAIM (Water Storage Rights): A. Willoughby Pond No. 1 and
Willoughby Pond No. 1 First Enlargement. Legal Desc.: the centerline of the dam at the outlet is located in the NW 1/4 NW 1/4 of
Sec. 7, T. 10 S., R. 84 W., 6th P.M., at a point 1020 ft. from the N. sec. line and 700 ft. from the W. sec. line of said Sec. 7, Pitkin
County, Colorado. Source: Duroux Ditch, which diverts from Hunter Creek, tributary to the Roaring Fork River, tributary to the
Colorado River; springs and irrigation return flows collected in the Duroux Ditch; and local runoff, springs, seepage and irrigation
return flows tributary to the RMWA Pond and the RMWA Pond First Enlargement. If filled from a ditch: (1) Name and capacity of
ditch: Duroux Ditch, 5.5 c.f.s. total capacity; (2) Legal description of the Duroux Ditch: the headgate is located at a point whence the
N. 1/4 of Sec. 7, T.10 S., R. 84 W. of the 6th P. M. bears N. 75°12’ W. 1158.2 ft., from which point the supply of water is carried by
the Hunter Creek Flume and Pipe Line to an overflow designated as Headgate No.2, located at a point whence the N. 1/4 of Sec. 7, T.
10 S., R. 84 W. of the 6th P. M. bears N. 5°53’ W. 867.0 ft, and from said point the supply of water is carried by a natural water
course to Headgate No.3, the point of beginning of the said Duroux Ditch, located at a point whence the N. 1/4 of Sec. 7, T. 10 S., R.
84 W. of the 6th P. M. bears N. 0°52’ E. 1098.2 feet. Approp. information: (1) Approp. dates: 07/08/1951 (Willoughby Pond No. 1);
08/26/2015 (Willoughby Pond No. 1 First Enlargement); (2) Approp. initiated by: construction and use of the original pond, field
investigation, design and construction of pond enlargement, formation of intent to appropriate water rights, and the filing of this
application; (3) Date of application of water to beneficial use: 07/08/1951 (Willoughby Pond No. 1); 8/26/2015 (Willoughby Pond
No. 1 First Enlargement). Amounts and uses claimed: (1) Willoughby Pond No. 1: 0.95 a.f., abs., with right to fill and refill, for
piscatorial, fire protection, aesthetic and recreation; (2) Willoughby Pond No. 1 First Enlargement: 2.05 a.f., abs., with right to fill and
refill, for piscatorial, fire protection, aesthetic, and recreation; 3.0 a.f., cond, for augmentation. If filled from a ditch, rate of diversion:
up to 1.5 cfs. Pond information: Surface area: 0.50 acres (0.37 acres for original RMWA Pond): Max. height of dam: <10 ft.; Length
of dam: 100 ft. Total capacity: 3.0 a.f.; Land ownership: Willoughby Pond No. 1 and Willoughby Pond No. 1 First Enlargement are
located upon Applicants’ property. B. Willoughby Pond No. 2 & Willoughby Pond No. 2 First Enlargement. Legal desc.: the
centerline of the dam is located in the NW 1/4 of the NW 1/4, Sec. 7, T. 10 S., R. 84 W., 6 P.M., at a point 1025 ft from the N. sec.
line and 520 ft from the W. sec. line of said Sec. 7, Pitkin County, Colorado. Source: Duroux Ditch, which diverts from Hunter Creek,
tributary to the Roaring Fork River, tributary to the Colorado River; springs and irrigation return flows collected in the Duroux Ditch;
and local runoff, springs, seepage and irrigation return flows tributary to the Willoughby Pond No. 2 and the Willoughby Pond No. 2
First Enlargement. If filled from a ditch: see above information for Duroux Ditchin sub-section A. Approp. information: (1) Approp.
dates: 07/08/1951 (Willoughby Pond No. 2); 08/26/2015 (Willoughby Pond No. 2 First Enlargement). (2) Approp. initiated by:
construction and use of the original pond, field investigation, design and construction of pond enlargement, formation of intent to
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 7
appropriate water rights, and the filing of this application. (3) Date of application of water to beneficial use: 07/08/1951 (Willoughby
Pond No. 2); 08/26/2015 (Willoughby Pond No. 2 First Enlargement). Amounts and uses claimed: (1) Willoughby Pond No. 2: 1.25
a.f., abs., with right to fill and refill, for piscatorial, fire protection, aesthetic and recreation; (2) Willoughby Pond No. 2 First
Enlargement: 0.25 a.f., abs., with right to fill and refill, for piscatorial, fire protection, aesthetic, and recreation; 1.5 a.f., cond., for
augmentation. If filled from a ditch, rate of diversion. up to 1.5 c.f.s. Pond information: Surface area of high water line: 0.42 acre
total, including 0.32 acre original pond, 0.04 acre recirculating water feature, and 0.06 acre pond enlargement; Max. height of dam:
<10 ft.; Length of dam. 70 ft.; Total capacity; 1.5 a.f.; Land Ownership: Willoughby Pond No. 2 & Willoughby Pond No. 2 First
Enlargement are located upon Applicants’ property. SECOND CLAIM (Change of Water Right): Name of structure. Duroux
Ditch Date of original and all relevant subsequent decrees. CA 4033, 10/24/1952; CA 4613, 06/20/1958; Garfield County District
Court. Legal desc.: see above sub-section A; Source. Hunter Creek. Approp. date. 06/10/1886; Total decreed amount and uses. 5.0
c.f.s. for irrigation and other beneficial uses, 0.5 cfs for piscatorial and other beneficial uses. Amount of water that Applicant intends to
change: up to 1.5 c.f.s. (Applicants’ pro rata share of diversions). Description of proposed change. Applicants own 2200 shares (22%)
of the Duroux Ditch. Applicants seek to change the use of their pro rata interest in the Duroux Ditch water rights to allow alternative
use of up to 1.5 c.f.s. diverted through the ditch to store water in the Willoughby Pond No. 1 (including the Willoughby Pond No. 1
First Enlargement) and the Willoughby Pond No. 2 Pond (including the Willoughby Pond No. 2 First Enlargement) (hereinafter the
“Ponds”) for the uses described above, and for replacement of evaporative depletions from the surface area of these Ponds. Applicants
propose to dry-up approximately 0.74 acres of property. The consumptive use credits attributable to this decrease in irrigation will be
stored in the Ponds to replace evaporative depletions and/or released pursuant to the augmentation plan described below.At all times,
Applicants’ pro rata shares of Duroux Ditch diversions will continue to delivered to Applicants’ properties through the existing
Duroux ditch system. Applicants’ consulting engineer has determined that the permanent dry up of 0.74 acre of historically irrigated
land results in a net consumptive use credit of 0.92 acre feet of water per year (1.24 acre feet per acre), based on a ,odified Blaney-
Criddle analysis adjusted for altitude. Accordingly, the change of water right will result in 2.48 acre-feet of consumptive use credits
from May through September. THIRD CLAIM (Plan for Augmentation): Water rights to be augmented (all described above):
Willoughby Pond No. 1, Willoughby Pond No. 1 First Enlargement, Willoughby Pond No. 2, and Willoughby Pond No. 2 First
Enlargement. Water rights to be used for augmentation: Duroux Ditch; Willoughby Pond No. 1 (including Willoughby Pond No. 1
First Enlargement) and Willoughby Pond No. 2 (including Willoughby Pond No. 2 First Enlargement); Basalt Water Conservancy
District (“BWCD”) water rights, to be supplied pursuant to a water allotment contract between BWCD and Applicant, including the
following: (1) Green Mountain Reservoir. Source: Blue River, tributary of Colorado River. Legal description: located approximately
16 miles SE of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14,
15, and 24 of T. 2 S., R. 80 W., and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. Adjudication Date:
October 12, 1955. Approp. date: 08/01/1935. Case Nos.: 2782, 5016, and 5017, Court: United States District Court, District of
Colorado and Case No. 88CW022, District Court, Water Division No. 5. Decreed Amount: 154,645 acre feet and a refill right in the
amount of 3,856 acre feet absolute and 150,789 acre feet, conditional. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of
the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. (2) Ruedi Reservoir:
Source: Frying Pan River, tributary of Colorado River. Legal description: an on-channel reservoir located in Secs. 7, 8, 9, 11, and 14
through 18, T. 8 S., R. 84 W. of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date:
June 20, 1958. Approp. date: 07/29/1957. Case No.: C.A. 4613, Garfield County District Court. Decreed Amount: 102,369 acre feet
(Originally decreed for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76). Decreed Uses: generation of electric
energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. Refill: By decree of the Water Court in Case No.
81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No.
95CW95, 44,509 acre feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre feet of
the refill right was made absolute, for a total of 69,766 acre feet absolute in the refill right. (3) Troy Ditch and Edith Ditch:
S
T
R
U
C
-
T
U
R
E
PRIOR
-ITY
COU
RT
CASE
NO.
ADJ
DAT
E
APP
DATE
DECREE
D
AMT
(CFS)
USE
(4)
AMOUNT SOLD, TRANSFERRED
OR RESERVED
AMOUNT
REMAINING (10)
(5) (6) (7) (8) (9) CFS AF
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 8
T
r
o
y
D
i
t
c
h
(
1
)
370 3082 8/25/1
936
5/01/19
06
5.10 I 0.000 0.000 0.09
5
0.06
4
0.03
5
4.906 N/A
T
r
o
y
D
i
t
c
h
1
s
t
E
n
l
g
427 3082 8/25/1
936
5/01/19
28
10.80 I 0.000 0.000 0.20
0
0.13
4
0.07
3
10.39
3
N/A
T
r
o
y
D
i
t
c
h
2
n
d
E
n
l
g
669 4613 6/20/1
958
6/01/19
42
6.20 I 0.000 0.000 0.11
5
0.07
7
0.04
2
5.966 N/A
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 9
E
d
i
t
h
D
i
t
c
h
353 3082 8/25/1
936
5/01/19
04
2.72 I 0.110 0.132
0
0.05
0
0.00
0
0.01
8
2.410 N/A
E
d
i
t
h
D
i
t
c
h
1
s
t
E
n
l
g
673 4613 6/20/1
958
7/01/19
46
3.23 I 0.000 0.000 0.06
0
0.00
0
0.02
2
3.148 N/A
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 10
T
r
o
y
D
i
t
c
h
W
a
t
e
r
S
y
s
t
e
m
a
k
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H
e
a
d
g
a
t
e
(2) W-
2281
15.50(3)
I,D,
M
C,P
0.110 0.132
0
0.52
0
0.27
5
0.19
0
14.27
3
412.89
(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River.
(2) Alternate point for all priorities of Troy and Edith Ditches.
(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.
(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.
(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.
(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).
(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South
Shores augmentation plan.
(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).
(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.
(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.
In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these
ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet
of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or
decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-
passing water at the headgate on the Frying Pan River. (4) Robinson Ditch:
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 11
STRUCTU
RE
DECREE
D
AMT.
(cfs)
AMT. OWNED
BY BWCD (cfs)(1)
ADJ.
DATE
APP.
DATE
PRIORITY
NO.
CASE
NO. (2)
ROBINSON
DITCH
5.00 1.21 05/11/1889 06/15/1882 38 132
ROBINSON
DITCH
2.50 0.60 05/11/1889 04/15/1886 140 132
ROBINSON
DITCH
2.00 0.48 05/11/1889 11/15/1886 167 132
ROBINSON
DITCH
10.70 2.59 12/29/1903 04/25/1899 212C 1061
ROBINSON
DITCH
20.06 4.85 08/25/1936 04/25/1900 326 3082
The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total
shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. Legal Description of Point of Diversion: The
point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in
Section 11, T. 8 S., R. 87 West, 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s
interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use
credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to
include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan
or decree of Court. Statement of plan for augmentation: Applicants own two adjacent properties near the City of Aspen, Colorado (99
Willoughby Way and 107 Willoughby Way) upon which the Ponds are located. Applicants intend to replace any out-of-priority
depletions from the loss of delayed return flows from the dry-up of historically irrigated land and evaporation from the surface of
these Ponds. The maximum surface area of the Ponds will be 0.92 acres, with assumed maximum annual evaporation of 2.57 a.f. per
year. Lagged return flows outside the historic irrigation season that will be replaceable with pond releases are estimated to be 1.56
acre-feet. Therefore, total annual depletions pursuant to this plan are estimated to be no more than 4.13 acre-feet. A. Downstream
irrigation calls: The Roaring Fork River and the Colorado River are all subject to periodic water rights calls from downstream
irrigation water rights after spring runoff each year. Historically, the Cameo call has been placed for one week in April, one week in
May, two weeks in June, all of July through October, and one week in November. The proposed plan for augmentation herein will
provide water to replace all out-of-priority pond evaporation and delayed return flow obligations to satisfy any downstream call on the
Roaring Fork River below the confluence with the Fryingpan River or the Colorado River from the BWCD sources listed above and
from Duroux Ditch consumptive use credits from dry up of 0.74 acre of land described in the Second Claim above. Applicants’ Fourth
Claim, below, includes requests to conform conditional appropriative rights of exchange for the reaches between the point of depletion
on the Roaring Fork River and the downstream points of replacement on the Roaring Fork and/or Colorado Rivers, as applicable. B.
Local calls. The Colorado Water Conservation Board (CWCB) holds instream flow water rights on the Roaring Fork River above the
Fryingpan River confluence, one in the amount of 32.0 c.f.s. from Difficult Creek to Maroon Creek, and another in the amounts of
30.0 c.f.s from Oct. 1 through Mar. 31 and 55.0 c.f.s. from Apr. 1 through Sep. 30 from Maroon Creek to the Fryingpan River. The
Duroux Ditch consumptive use credits described in the Second Claim above will be utilized to the extent available to offset out-of-
priority evaporative depletion from May through September. The balance of evaporative depletions and delayed return flow obligation
will be replaceable by releases from the Ponds whenever the CWCB rights are calling (provided that 0.58 acres of total pond surface
area existed prior to the CWCB’s appropriation of instream flow water rights on the Roaring Fork River and is therefore exempted
from such a call pursuant to C.R.S. § 37-92-102(3)(b)). In the event that augmentation sources are not available during any period of
local priority water rights administration, evaporation shall not be replaced and storage levels shall be lowered commensurate with net
evaporation. FOURTH CLAIM (Appropriative Rights of Exchange): A. Name of exchange: Willoughby Exchange No. 1 (Roaring
Fork). Upstream Terminus: a point on the Roaring Fork River located in the SE¼ of the NE¼ of Sec. 12, T. 10 S., R. 85 W. of the 6th
P.M., approx. 1800 ft from the N. Sec. line and 170 ft from the E. Sec. line. Downstream Terminus: the confluence of the Roaring
Fork and Fryingpan Rivers, generally located in the SW1/4 SE1/4 of Sec. 7, T. 8 S., R. 86 W. of the 6th P.M., at a point approximately
750 ft. from the S. sec. line and 1440 ft. from the E. sec. line. Approp. date: 11/30/2015. Max. rate of exchange: 0.01 c.f.s., up to 4.13
acre-feet, cond. Uses: piscatorial, fire protection, recreation and augmentation. Remarks: releases from the BWCD’s Roaring Fork
River replacement sources pursuant to the augmentation plan described above will enter the Roaring Fork River at the confluence of
the Fryingpan and Roaring Fork Rivers. This exchange will therefore operate from this confluence up the Roaring Fork River to the
locations of the structures described in Applicants’ First Claim. B. Name of exchange: Willoughby Exchange No. 2 (Roaring
Fork/Colorado). Upstream Terminus: a point on the Roaring Fork River located in the SE¼ of the NE¼ of Sec. 12, T. 10 S., R. 85 W.
of the 6th
P.M., approx. 1800 ft. from the N. section line and 170 ft. from the E. Sec. line. Downstream Terminus: the confluence of the
Roaring Fork and Colorado Rivers, generally located in the SE 1/4 NW1/4 of Sec. 9, T. 6 S., R. 89 W. of the 6th P.M., at a pt. approx.
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 12
2200 ft. from the N. sec. line and 2350 ft. from the W. sec. line. Approp. date: 11/30/2015. Max. rate of exchange: 0.01 c.f.s., up to
4.13 acre-feet, cond. Uses: piscatorial, fire protection, aesthetic, recreation and augmentation. Remarks: releases from the BWCD’s
Colorado River replacement sources pursuant to the augmentation plan described above in Applicants’ Fourth Claim will be delivered
to at the confluence of the Colorado and Roaring Fork Rivers. This exchange will therefore operate from this confluence up the
Roaring Fork River to the locations of the structures described in Applicants’ First Claim. ADDITIONAL INFORMATION: (1)
Pitkin County RICD: Pursuant to Section 24.F of the Final Decree in Case No. 10CW305, the Pitkin County RICD water right shall be
subordinated in priority to water rights that (a) have points of diversion upstream of the RICD; (b) are not senior to the Pitkin County
RICD water right; and (c) are decreed between January 1, 2011 and the fifteenth anniversary of entry of a decree in 10CW305 or the
date upon which a cumulative 3000 acre-feet subordination is achieved. Applicants therefore request confirmation that the water rights
that it seeks to confirm in this proceeding qualify for this subordination. For purposes of applying the subordination provision in
10CW305, Applicants’ claimed RICD Season depletion volume is approx. 6.74 acre-feet (consisting of 2.24 acre-feet of total pond
evaporation plus total pond storage volume of 4.5 acre-feet). (2) Applicants also seek a determination that all of the above-described
water rights are part of an integrated water system for purposes of application of C.R.S. § 37-92-301(4)(b). (13 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2016 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.
7. 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 NOVEMBER 2015. 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.
06CW19 AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING APPLICATION
FOR WATER RIGHTS OF: McCULLOUGH GULCH RESERVE, L.L.C., COLDWATER CREEK, L.L.C., AUTUMN
CREEK, L.L.C. AND JOANNE B. MAY IN THE BLUE RIVER OR ITS TRIBUTARIES IN SUMMIT COUNTY,
COLORADO. 1. Name, address, telephone numbers of applicants: McCullough Gulch Reserve, L.L.C. (“MGR, LLC”) 50 Marland
Road Colorado Springs, Colorado 80906, 719-633-949; Coldwater Creek, L.L.C., 1740 Coyote Pt. Dr., Colorado Springs, CO 80904,
Autumn Creek, L.L.C., 9249 S. Broadway, Ste. 200-164, Highlands Ranch, Colorado 80129, Joanne B. May, 850 Rosastone Trail,
Houston, Texas 77024. Direct pleadings to: Peggy E. Montaño ([email protected]), James S. Witwer
([email protected]), and Michael A. Kopp ([email protected]), Trout, Raley, Montaño, Witwer & Freeman, P.C., Attorneys
for MGR, LLC, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Phone Number: 303-861-1963; David C. Hallford
([email protected]), Balcomb & Green, P.C., Attorneys for Coldwater Creek, L.L.C., Autumn Creek, L.L.C. and May,
818 Colorado Avenue, Glenwood Springs, Colorado 81601, Phone Number: 970-945-6546. 2. Summary of Application: The subject
of this application is a conditional right of substitution and exchange, with a decreed rate of flow of 0.134 cfs, decreed as part of a plan
to augment four wells with a combined annual production of 1.1 acre-feet and combined annual depletions of 0.11 acre-feet, as
described in more detail in paragraph 3. This amended application seeks a finding of reasonable diligence for the right pursuant to
C.R.S. §§ 37-92-302(1)(a) and 37-92-304(10) and Colorado Rules of Civil Procedure 57(a), 57(e), and 60(a). 3. Description of
Conditional Water Rights: Applicants’ conditional right of substitution and exchange was decreed as part of the augmentation plan
approved February 22, 2000 in Case No. 96CW60 to replace out-of-priority depletions from four wells on property now known as
Lots 1, 2, 3 and 4, McCullough Gulch Reserve Subdivision, Town of Blue River, Summit County, Colorado. (Division of Water
Resources records have indexed this plan under the heading “Timberline Valley Wells Augmentation Plan”) The 96CW60 decree
limits the wells’ combined annual production to 1.1 acre-feet, and their combined annual depletions to 0.11 acre-feet. The
McCullough Gulch Reserve conditional right of substitution and exchange decreed therein is more particularly described as follows:
A. Location: The downstream terminus of the exchange reach (the “exchange from” point) is Dillon Reservoir, located in Sections 7,
8, 17, 18, 19, 20, 21, 30 and 31, all in Township 5 South, Range 77 West, of the 6th P.M. and in Sections 13, 23, 24, 25, 26, 35 and 36,
all in Township 5 South, Range 78 West of the 6th P.M. The upstream termini of the exchange reach (the “exchange to” points) are
four wells located or to be located on Lots 1, 2, 3, and 4, McCullough Gulch Reserve Subdivision, Town of Blue River, located in
Sections 30 and 31, Township 7 South, Range 77 West and Sections 25 and 36 of Township 7 South, Range 78 West of the 6th P.M.
The exchange reach is depicted on Exhibit A attached to the application. The locations of two of the upstream termini of the exchange
reach were changed to their current location by decree of this Court dated July 6, 2005 in Case No. 02CW131. B. Sources to Be Used
for Augmentation and Exchange: Perpetual water lease from Vidler Tunnel Water Company and a so-called Paragraph 6(b)
Agreement with the City and County of Denver, acting by and through its Board of Water Commissioners, attached to the application
as Exhibit B. Applicants are the assignees of rights under these agreements. C. Appropriation Date: December 13, 1995. D. Amount:
0.134 cfs. The annual volumetric limit of the exchange is 0.11 acre-feet from all four wells combined. E. Uses: Domestic in-house
NOVEMBER 2015 RESUME
WATER DIVISION 5 PAGE 13
use. 4. Outline of Work Done Toward Completion of Project and Application of Water to Beneficial Use: During the subject
diligence period, from February 2000 to February 2006, the date of the original application in 2006CW19, Applicant MGR, LLC
engaged in planning, zoning, platting, developing, improving, and installing infrastructure for the real property where the wells which
are the source of the exchange are used. Work performed to develop the subject conditional water right included: A. Earthwork,
including clearing, grubbing, tree removal, tearing out old concrete foundations, silt fence, rip/rap, wetlands fill, wetlands reclamation,
subgrade preparation, installation of culvert, boulder retaining walls, top soil, hydro-seed mulch and fertilizer. B. Installation of
utilities, including underground electrical power and transformers. C. Maintenance of the Vidler Water Company augmentation water
lease. D. Subdivision expenses, including Town of Blue River fees and Summit County transferable development rights certificates.
E. Professional planning, engineering, design, environmental, geotechnical, surveying, project oversight, and legal services. F.
Interest on construction loan. G. Pursuing and obtaining approval of a change of location for two of the upstream termini of the
exchange reach in Case No. 02CW131. Expenditures by MGR, LLC during this diligence period in connection with the above
activities exceeded $425,000. Applicants Coldwater Creek L.L.C., Autumn Creek L.L.C., and May are successors in interest to three
lots in the subdivision and corresponding interests in the conditional right of substitution and exchange that is the subject of this
amended application. 5. Name and address of owner of land upon which any new diversion structure or modification to any existing
diversion structure is or will be constructed: Applicants. WHEREFORE, Applicants pray that this Court enter a supplemental decree
confirming that Applicants have exercised reasonable diligence in the development of the McCullough Gulch Reserve conditional
right of substitution and exchange as a part of the McCullough Gulch Reserve Plan for Augmentation water rights, continuing such
right in full force and effect, and granting such other and further relief as the Court deems proper.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2016 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.