division 5 water court- april 2016 resume 1. pursuant … · april 2016 resume water division 5...

DIVISION 5 WATER COURT- APRIL 2016 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 APRIL 2016. 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.

16CW5 (07CW1)GRAND COUNTY-TRAIL CREEK TRIBUTARY TO WILLOW CREEK TRIBUTARY TO THE

COLORADO RIVER. Gary & Susan Weyers; 4841 C.R. 41; Granby, CO 80446 (303)845-2049. Lonesome Dove Pond Exchange-

Revised Application to Make Absolute in Whole or in Part. The location of the downstream terminus is described as: The confluence

of Willow Creek and the Colorado River is located in the NW 1/4 of the SW1/4 of Sec. 21, T.2N., R.76W., 6th P.M. at a point 100

feet East of the West sec. line and 2,450 feet North of the South sec. line of said Section 21. The exchange extends up Willow Creek

to its confluence with Trail Creek and then up Trail Creek. The upstream terminus of the exchange is the Pond whose location is

described as: The centerline of the dam crest at the centerline of Trail Creek is located in the NW/14 NE1/4 of Sec. 25, T.3N., R.77W.,

6th P.M.at a point 2,000 feet West of the East sec. line and 100 feet South of the North sec. line of said Sec. 25. Appropriation:

7.25.06 Rate: 0.012 c.f.s., 1.75 a.f., conditional. Use: Augmentation source for Lonesome Dove Pond. An outline of work performed

during the diligence period is included in the application. (8 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 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.






16CW3027 GRAND COUNTY - COLORADO RIVER. The Town of Kremmling, Colorado, PO Box 538, Kremmling, CO 80459

(970) 724-3249. Stanley W. Cazier, Cazier and McGowan, P.O. Box 500, Granby, Colorado 80446, (970)887-3376.

APPLICATION FOR AN ABSOLUTE WATER RIGHT AND FOR FINDING OF REASONABLE DILIGENCE. Name of

structure: Town of Kremmling, Colorado River Ditch No. 1. Location :The point of diversion is located NE1/4NE1/4, Section 23,

Township 1 North, Range 81 West, 6th

P.M. at a point located approximately 569 feet South and 234 feet West of the West Witness

Corner for the Southeast corner of Section 14, Township 1 North, Range 81 West. Source: Colorado River. Date of Appropriation:

2/1/82. Decreed: 7/19/1982. Case: 82CW39. Amount: 3.0 cfs. and request .32 cfs for absolute water right. Use: All municipal uses,

including commercial, industrial and firefighting. The application contains a detailed outline of the work performed during the

diligence period. (16 pages)






81601.



CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2016. 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.

16CW3028 (Case Nos. 84CW304, 84CW305, 94CW234, 00CW224, 08CW107) SUMMIT COUNTY; ILLINOIS GULCH, BLUE

RIVER AND SODA CREEK. The GoldenView Subdivision Homeowner’s Association, Inc., c/o John M. Dingess, Eq. and Teri L.

Petitt, Esq., Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, Colorado, 80237-1829

(Telephone 303-779-0200), [email protected]; [email protected]; [email protected]. Application To Make Absolute

And For A Finding Of Reasonable Diligence. The Applicant is the successor in interest to Ruth O’Connor as Personal

Representative of the Estate of Leo N. O’Connor and to George Rolfes. 2. NAME OF STRUCTURE: GoldenView Wells No. 1-30

(aka Jerusalem Placer Well right). 3. DESCRIPTION OF CONDITIONAL WATER RIGHTS: a. GoldenView Wells No. 1-30: i.

Original Decree: November 8, 1988, Case No. 84CW304, District Court, Water Division 5, Colorado. ii. Decrees Finding

Reasonable Diligence: (1) March 9, 1995, Case No. 94CW234, District Court, Water Division 5, Colorado; (2) August 20, 2002, Case

No. 00CW224, District Court, Water Division 5, Colorado; (3) April 4, 2010, Case No. 08CW107, District Court, Water Division 5,

Colorado. iii. Location: The point of diversion of the Jerusalem Placer Well right was changed in Water Division 5, Case No.

92CW009 to allow for individual wells on each of thirty (30) lots in the Subdivision. The individual wells are or will be located

mailto:[email protected]



APRIL 2016 RESUME

WATER DIVISION 5 PAGE 2

within the GoldenView Subdivision which is located on the Jerusalem Placer (U.S. Mineral Survey No. 2567) and on an adjoining

parcel of approximately 2 acres in the Southwest ¼ of Section 4, and the Southeast ¼ Southeast ¼ of Section 5, Township 7 South,

Range 77 West of the 6th

P.M. A map attached hereto as Exhibit A depicts the present location of the wells currently in existence.

The legal description of each individual GoldenView well is provided in Exhibit B, attached hereto. iv. Source of water for

GoldenView Wells No. 1-30: Illinois Gulch alluvium and bedrock which is tributary to Illinois Gulch, tributary to the Blue River. v.

Appropriation Date: March 15, 1984. vi. Amount: 60.0 g.p.m. total, CONDITIONAL. Pursuant to paragraph 23 of the decree in

entered in 92CW009, the total annual water requirement for the GoldenView Subdivision is estimated to be approximately 13.95 acre

feet per year. vii. Uses: Domestic and fire protection. The uses augmented under the decrees entered in Case Nos. 84CW305 and

92CW009 are limited to in-house use. b. Appropriative Right of Exchange: The appropriative right of exchange allows the Applicant

to replace depletions caused by withdrawals from the GoldenView Wells No. 1-30 to Illinois Gulch and the Blue River with water

released to Soda Creek above Dillon Reservoir. i. Original Decree: September 7, 1988, Case No. 84CW305, District Court, Water

Division 5, Colorado. ii. Decrees Finding Reasonable Diligence: (1) March 9, 1995, Case No. 94CW234, District Court, Water

Division 5, Colorado; (2) August 20, 2002, Case No. 00CW224, District Court, Water Division 5, Colorado; (3) April 4, 2010, Case

No. 08CW107, District Court, Water Division 5, Colorado. iii. Legal Description of Exchange Reach: The reach of the appropriative

right of exchange is from the confluence of Soda Creek with Dillon Reservoir located in Section 21, Township 5 South, Range 77

West of the 6th

P.M., and from this point up the Blue River to its confluence with Illinois Gulch and up Illinois Gulch to the

GoldenView Subdivision located on the Jerusalem Placer (U.S. Mineral Survey No. 2567) and on an adjoining parcel of

approximately 2 acres in the Southwest ¼ of Section 4, and the Southeast ¼ Southeast ¼ of Section 5, Township 7 South, Range 77

West of the 6th

P.M. The uppermost point of depletion of the GoldenView Wells No. 1-30 is located at a point on Illinois Gulch

located 340 feet from the back right pin on Lot 10 GoldenView lying perpendicular to the Creek. iv. Source of Substitute Supply: A

portion of the consumptive use attributable to the historic use of the Vidler water rights as described in the decree entered in

84CW305, Water Division 5, Colorado. v. Appropriation Date: September 28, 1984. vi. Amount: The amount of the exchange

within the exchange reach is an annual demand of 0.7 acre feet of water, at a maximum total exchange rate of 60.0 g.p.m.,

CONDITIONAL. vii. Use: The use of the exchange water is to replace depletions, resulting from out-of-priority diversions, to Illinois

Gulch and the Blue River caused by the operation of the GoldenView Wells No. 1-30 for domestic and fire protection purposes. 4.

DETAILED OUTLINE OF WHAT WAS DONE TOWARD COMPLETION OF THE APPROPRIATION AND APPLICATION OF

WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES. a. Absolute Claim. i.

During the Applicant’s Water Year from November 1, 2014 to October 31, 2015, the Applicant’s members diverted a maximum of 2.0

g.p.m. at 17 points of diversion and placed this water to the decreed beneficial uses of domestic and fire protection. Accordingly, the

Applicant requests that a total of 34.0 g.p.m. of the GoldenView Wells No. 1-30 water right be made absolute for domestic and fire

protection uses. In the alternative if this amount is not made absolute, the Applicant requests that a diligence finding be made to

continue these amounts pursuant to the activities described below. In the event that an additional amount of water is diverted by the

GoldenView Wells No. 1-30 water right or exchanged by the appropriative right of exchange and used while this case is pending, the

Applicant will claim such additional amounts to also be made absolute. Accounting provided by the Applicant to the Division

Engineer on November 3, 2015 identifying the water diverted and used during the Applicant’s 2014-2015 Water Year is attached

hereto as Exhibit C. ii. As required pursuant to paragraph 8 of the decree entered by the Court in Water Division 5, Case No.

08CW107, the Applicant has secured legal title to the subject water rights and rights of exchange. Evidence of the transfer of

ownership of the subject water rights and rights of exchange to the Applicant is available for inspection upon request at the offices of

Hamre, Rodriguez, Ostrander & Dingess, P.C. b. Finding of Reasonable Diligence. The Applicant has been diligent in the continued

use and development of its conditional water rights and rights of exchange. During the subject diligence period, the Applicant and/or

its members have made the following additional efforts to complete the appropriations and apply the water to beneficial use: i. During

the subject diligence period the Applicant sought and obtained legal title via deeds and assignments from its predecessors in interest

for the water rights and exchange described herein and each agreement affecting these rights. ii. The Applicant paid its attorneys more

than $17,700 for legal work related to developing and placing these water rights to beneficial use, including over $13,300 for the

extensive work necessary to obtain and perfect legal title to the subject water rights from the Applicant’s predecessors in interest. iii.

Four (4) new homes have been constructed within the Subdivision, while another is currently under construction. iv. Four (4)

additional wells have been permitted, drilled and constructed at an approximate cost of $74,344.00. v. Four (4) additional totalizing

flow meters have been installed on new and existing wells at an approximate cost of $2,400.00. The above activities are necessary

prerequisites to applying the subject water rights to the beneficial uses for which they were decreed, demonstrate the Applicant’s

diligence to fully develop and place such water rights to beneficial use, and entitle the Applicant to a continuation of these conditional

water rights. WHEREFORE, the Applicant respectfully requests a decree of this Court confirming that the Applicant has made 34.0

g.p.m. of the GoldenView Wells No. 1-30 water right ABSOLUTE, has exercised reasonable diligence in the development of all of

the remaining conditional water rights and rights of exchange, continuing all of the remaining conditional water rights and rights of

exchange, extending for an additional six-year period the necessity for filing additional diligence applications, and for such other and

further relief as the Court deems just and proper. (6 pages)




APRIL 2016 RESUME




81601.






16CW3029 MESA COUNTY - COLORADO RIVER; The City of Fruita; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn,

LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; Application To Make Conditional Water Right

Absolute and for Finding of Reasonable Diligence; City of Fruita, 325 E. Aspen; Fruita, CO 81521; (970) 858-3663; Name of

structure: Fruita Pump Station; Describe conditional water right: Date of Original Decree: May 18, 1978, Case No. W-3551; Legal

description: Section 20, Township 1 North, Range 2 West, Ute P.M., at a point 702 feet from the south section line and 2,102 feet

from the west section line (Easting 177510.26, Northing 4338649.02, NAD83 UTM Zone 13N). The alternate point for the Fruita

Pump Station decreed in Case No. 96CW93 is located in Section 18, Township 1 North, Range 2 West, Ute P.M., at a point 1,682 feet

from the south section line and 2,465 feet from the west section line (Easting 176091.99, Northing 4340604.77, NAD83 UTM Zone

13N); Source of water: Colorado River; Appropriation Date: May 15, 1977; Amount: Decreed conditionally for 25 cubic feet per

second (“c.f.s.”) in Case No. W-3551. In Case No. 96CW93 this court made 0.6 c.f.s. of that conditional water right absolute and

continued the remaining 24.4 c.f.s. conditionally; Use: Municipal and irrigation; Outline of what has been done toward completion or

for completion of the appropriation and application of water to a beneficial use: Applicant spent $9,410 on an irrigation feasibility

study in 2011 to apply more of the conditional water rights to beneficial use. Applicant has also increased its pumping rate to a

maximum of 350 gallons per minute, or 0.78 c.f.s., and has operated the Pump Station to divert at that rate for irrigation and municipal

uses; If claim to make absolute in whole or in part: Date water applied to beneficial use: July 1, 2008; Amount: 0.18 c.f.s. (in addition

to the 0.6 c.f.s. already made absolute); Use: Municipal and irrigation; Supporting evidence: Diversion records maintained by the City

of Fruita for the years 2004-2015 which demonstrate that the maximum pumping rate was increased to 0.78 c.f.s.; Description of place

where water is applied to beneficial use: Water diverted through the Fruita Pump Station has been placed to beneficial use for

municipal purposes within Fruita city limits and has been used for irrigation of the City’s tree farm located in the SW/4 NW/4 SE/4 of

Section 18, Township 1 North, Range 2 West, Ute P.M.; Request to make conditional right absolute and for finding of diligence:

Applicant respectfully requests that an additional 0.18 c.f.s. of the remaining 24.4 c.f.s. conditional water right be made absolute.

Applicant further requests that the court enter a finding of reasonable diligence with regard to the remaining 24.22 c.f.s. (or any other

remaining conditional amount decreed to the Fruita Pump Station). (4 pages)






81601.



CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2016. 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.

16CW3030 PITKIN, EAGLE, AND GARFIELD COUNTIES; COAL CREEK, CRYSTAL RIVER, ROARING FORK

RIVER, COLORADO RIVER. Salvatore A. Rubino, Coal Creek Ranch, 44 Southbridge Court, Carbondale, CO 81623; c/o Karl J.

Hanlon, Esq., Karp Neu Hanlon, P.C., 201 14th Street, Suite 200, P. O. Drawer 2030, Glenwood Springs, CO 81602. Application to

Make Conditional Water Rights Absolute. Date of original decree and subsequent diligence decrees, all subject rights: April 4,

2010, in Case No. 08CW24. No subsequent diligence decrees. First Claim: Make Storage Water Right Absolute. Rubino Pond.

Location: The embankment of the Rubino Pond, an off-channel reservoir, is located in the NW1/4 of the SW1/4 of Section 17,

Township 10 South, Range 83 West of the 6th

P.M., 1,540 feet north of the South section line and 1,200 feet east of the West section

line of said Section 17. Source: Coal Creek, tributary to the Crystal River, tributary to the Roaring Fork River, tributary to the

Colorado River, via the Redstone Ranch Ditch. Appropriation Date: March 7, 2005. Amount: 7.0 acre feet, conditional. Uses:

Aesthetics, fish and wildlife propagation, and fire protection. Owner of land on which structures are located: Applicant. Second

Claim: Make Appropriative Right of Exchange Absolute. Rubino Exchange. Location: Upper Terminus: Point of diversion for

the Redstone Ranch Ditch in the NW1/4 of the SE1/4 of Section 18, Township 10 South, Range 83 West of the 6th P.M at a point

2,350 feet north of the South section line and 2,050 feet west of the East section line of said Section 18. Lower Terminus: The

confluence of the Crystal River and Roaring Fork River generally located in Lot 25 (the SW1/4 of the NW1/4) of Section 28,

APRIL 2016 RESUME


Township 7 South, Range 88 West of the 6th P.M., at a point approximately 2,500 feet south of the North section line and 250 feet

east of the West section line of said Section 28. Appropriation Date: December 31, 2007. Amount: 0.02 c.f.s. Uses: Augmentation

of out-of-priority depletions by the Rubino Pond resulting from storage therein for aesthetics, fish and wildlife propagation, and fire

protection. Operation of Exchange: Water is exchanged from Ruedi Reservoir pursuant to the plan for augmentation approved for the

Rubino Pond in Case No. 08CW24, and under West Divide Water Conservancy District Contract No. 080529RS(a) pursuant to the

umbrella plan for augmentation approved for West Divide Water Conservancy District in Case No. 94CW344, Water Division No. 5.

Application to Beneficial Use: The Application contains a detailed outline of what has been done toward completion of the

appropriation and application to beneficial use of the Rubino Pond and Rubino Exchange. (14 pages).






81601.






16CW3031 (09CW31, 07CW297, 95CW97, 95CW184 & 88CW434), GARFIELD COUNTY, SNOWMASS CREEK. Skyler S.

DeBoer c/o Kevin L. Patrick & Christopher R. Stork, Patrick, Miller & Noto, P.C., 229 Midland Avenue, Basalt, CO 81621, (970)

920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE.

Name of structure: Big Sky Ditch. Type: Ditch. Description of conditional water right: Date of original Decree: June 21, 1989, relating

back to December 30, 1988. Case Nos.: 88CW434, location corrected in Case No. 95CW184; 95CW097; and 01CW297. Court:

Division 5 Water Court. Subsequent diligence decree: Case No. 09CW31; April 4, 2010. Legal description: The headgate is located in

Pitkin County, on the right bank of Snowmass Creek in SE ¼ of the NW ¼ of Section 2, Township 9 South, Range 86 West of the 6th

P.M., at a point approximately 2555 feet from the West section line and 1970 feet from North section line of said Section 2. See map.

Source: Snowmass Creek. Appropriation date: February 17, 1988. Amount: 3.0 c.f.s.; decreed for different uses as follows: 3.0 c.f.s.,

decreed absolute for delivery into storage. 0.033 c.f.s., decreed absolute for irrigation; 0.078 c.f.s., decreed conditional for irrigation

(total decreed for irrigation is 0.111 c.f.s). 3.0 c.f.s., decreed conditional for stock watering. Use: Only irrigation and stock watering

are remaining conditional uses; this water right is decreed absolute for delivering water into storage and for a portion of irrigation and

stock watering. A detailed description of the work to complete the appropriation, including expenditures is listed on Exhibit B. Claim

to make absolute: Date water was applied to beneficial use: September 1, 2015. Amount: 0.078 c.f.s. Use: Irrigation. Remaining

conditional: 3.0 c.f.s for stock watering. Applicant owns the land where the structure is located and upon which the water is

beneficially used. Remarks: The Big Sky Ditch is a component part of Applicant’s integrated water supply plan, as decreed in Case

No. 01CW297, Division 5 Water Court. This application conforms legal descriptions to those decreed in Case No. 95CW184, which

updated the locations from those previously decreed in Case No. 95CW097. (7 pgs).






81601.






16CW3032 GARFIELD AND MESA COUNTIES, COLORADO AND ROARING FORK RIVERS. Application for Absolute

Water Rights (Surface); Applicant: Board of County Commissioners of Garfield County; Please address all correspondence to

Applicant’s attorneys: Kelly Cave, Assistant County Attorney, Office of Garfield County Attorney, 108 8th

Street, Suite 219,

Glenwood Springs, CO 81601, (970) 945-9150, [email protected]; Legal description for each point of diversion for each

claim: First Claim: Canyon Creek Pump Diversion (pump): UTM Coordinates Easting 289734.7473, Northing 4383393.5203, Zone

13, Source of UTMs: Trimble GPS, Accuracy of location displayed on GPS device: accurate within one (1) foot, See attached map,

located in Section 36, Township 5 South, Range 90 West of the 6th

P.M.; Second Claim: Carbondale Highway 133 Pump Diversion

(pump): UTM Coordinates Easting 308697.4672, Northing 4365169.9472, Zone 13, Source of UTMs: Trimble GPS, Accuracy of


APRIL 2016 RESUME


location displayed on GPS device: accurate within one (1) foot, See attached map, located in Section 26, Township 7 South, Range 88

West of the 6th

P.M.; Third Claim: County Road 154 (Ironbridge) Pump Diversion (pump): UTM Coordinates Easting 303341.3625,

Northing 4372490.0987, Zone 13, Source of UTMs: Trimble GPS, Accuracy of location displayed on GPS device: accurate within one

(1) foot, See attached map, located in Section 36, Township 6 South, Range 89 West of the 6th

P.M.; Fourth Claim: County Road 300

(West Parachute) Pump Diversion (pump): UTM Coordinates Easting 749525.4054, Northing 4364487.3774, Zone 12, Source of

UTMs: Trimble GPS, Accuracy of location displayed on GPS device: accurate within one (1) foot, See attached map, located in

Section 34, Township 7 South, Range 96 West of the 6th

P.M.; Fifth Claim: County Road 100 (Catherine Store) Pump Diversion

(pump): UTM Coordinates Easting 314547.6496, Northing 4363362.8285, Zone 13, Source of UTMs: Trimble GPS, Accuracy of

location displayed on GPS device: accurate within one (1) foot, See attached map, located in Section 31, Township 7 South, Range 87

West of the 6th

P.M.; Sixth Claim: County Road 315 (Mamm Creek-Last Chance Ditch) Pump Diversion (pump): UTM Coordinates

Easting 272527, Northing 4379888, Zone 13, Source of UTMs: Colorado Division of Water Resources website, Accuracy of location

displayed on GPS device: unknown, See attached map, located in Section 18, Township 6 South, Range 92 West of the 6th

P.M.;

Seventh Claim: DeBeque Pump Diversion (pump): UTM Coordinates Easting 740239.9504, Northing 4357048.0509, Zone 12, Source

of UTMs: Trimble GPS, Accuracy of location displayed on GPS device: accurate within one (1) foot, See attached map, located in

Section 27, Township 8 South, Range 97 West of the 6th

P.M.; Eighth Claim: New Castle Pump Diversion (pump): UTM Coordinates

Easting 282994.1382, Northing 4383028.8832, Zone 13, Source of UTMs: Trimble GPS, Accuracy of location displayed on GPS

device: accurate within one (1) foot, See attached map, located in Section 31, Township 5 South, Range 90 West of the 6th

P.M.; Ninth

Claim: Battlement Mesa/Parachute Pump Diversion (pump): UTM Coordinates Easting 754049.4106, Northing 4369964.0858, Zone

12, Source of UTMs: Trimble GPS, Accuracy of location displayed on GPS device: accurate within one (1) foot, See attached map,


P.M.; Tenth Claim: Rifle Rest Area Pump Diversion (pump): UTM

Coordinates Easting 261139.3551, Northing 4378818.5287, Zone 13, Source of UTMs: Trimble GPS, Accuracy of location displayed

on GPS device: accurate within one (1) foot, See attached map, located in Section 16, Township 6 South, Range 93 West of the 6th

P.M.; Eleventh Claim: Silt Pump Diversion (pump): UTM Coordinates Easting 272664.5630, Northing 4380204.9545, Zone 13,

Source of UTMs: Trimble GPS, Accuracy of location displayed on GPS device: Accurate within one (1) foot, See attached map,


P.M.; Source for each claim: Colorado River: First Claim, Fourth

Claim, Sixth Claim, Seventh Claim, Eighth Claim, Ninth Claim, Tenth Claim and Eleventh Claim; Roaring Fork River: Second Claim,

Third Claim and Fifth Claim; Date of appropriation for all claims: December 31, 2014; Amount claimed for each claim: 1.1 cfs (500

gm) absolute; Use for each claim: Industrial uses including, without limitation, dust suppression, culvert cleaning, street sweeping and

cleaning, road construction and compaction, road repair and utility location, hydroseeding, revegetation and road reclamation in

connection with road construction and repair. The water is used by Garfield County’s Road and Bridge Department for the purposes

described above throughout the geographic boundaries of Garfield County. (22 pages)






81601.






16CW3033 GUNNISON COUNTY, RAPID CREEK, CRYSTAL, ROARING FORK & COLORADO RIVERS. Application

for Water Storage Right, Underground Water Rights and Approval of Plan for Augmentation. Larry Darien, c/o Jeff Houpt & Ryan

Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. All structures: Appropriation date:

05/15/12. Darien Pond, First Enlargement: Location: In the NW¼SE¼ of Sec 20, T 11 S, R 88 W, 6th

PM, at a point approx 2,100 ft

from S sec line and 1,800 ft from E sec line. Source: Rapid Creek, trib to Crystal River, trib to Roaring Fork & Colo Rivers. Ditch

used to fill: Prospect Ditch, the max capacity of which is 1.0 cfs, as decreed in 98CW133. Point of diversion: In the NW¼SE¼ Sec 20,

T 11 S, R 88 W, 6th

PM, at a point which is 2,000 ft S of N Sec Line and 1,825 ft W of E Sec Line. Date of beneficial use: 06/30/12.

Amount: 0.25 af, absolute. Rate of diversion: 1.0 cfs. Use: Augmentation. Surface area: 0.187 acre. Height: Less than 10 ft. Length:

Approx 100 ft. Total & active capacity: 1.0 af. MA Well No. 1 First Enlargement: Location: In the SE¼NE¼ of Sec 20, T 11 S, R 88

W, 6th

PM, at a point approx 2,300 ft from N sec line and 1,165 ft from E sec line. Source: Groundwater trib to Crystal River, trib to

Roaring Fork & Colo Rivers. Amount: 0.033 cfs, conditional. Use: Domestic use inside one auxiliary dwelling unit to be located on

Lot 1 of the Miracle Acres Subdivision. Depth: Approx 50 ft. MA Well No. 3 First Enlargement: Location: In the SE¼NE¼ of Sec 20,

T 11 S, R 88 W, 6th

PM, at a point approx 2,545 ft from N sec line and 295 ft from E sec line. Source: Groundwater trib to Crystal

River, trib to Roaring Fork & Colo Rivers. Amount: 0.033 cfs, conditional. Use: Domestic use inside one single-family dwelling.

Depth: Approx 47 ft. Remarks: This well currently operates pursuant to Well Permit No. 238076. MA Well No. 4 First Enlargement:

APRIL 2016 RESUME


Location: In the NE¼SE¼ of Sec 20, T 11 S, R 88 W, 6th

PM, at a point approx 2,500 ft from S sec line and 1,150 ft from E sec line.

Source: Groundwater trib to the Crystal River, trib to Roaring Fork & Colo Rivers. Amount: 0.033 cfs, conditional. Use: Domestic use

inside two auxiliary dwelling units. Depth: Approx 150 ft. Remarks: In 06CW244, this Court confirmed conditional water rights for

MA Well Nos. 1, 3 and 4 in the amount of 15 gpm each for domestic use and approved a plan for augmentation under which those

rights operate. Applicant now intends to supply additional domestic uses from these wells. These enlargement rights will operate

pursuant to the plan for augmentation described as follows. Structures to be augmented: MA Well No. 1 First Enlargement, MA Well

No. 3 First Enlargement, and MA Well No. 4 First Enlargement. Water right to be used for augmentation: Darien Pond First

Enlargement. Total maximum demand is estimated to be 1.064 acre feet annually. Wastewater treatment will occur by ISDS. Total

maximum depletions to the Crystal River are expected to be 0.109 acre feet annually. A total of 0.25 acre feet of water is available in

storage to replace these depletions. All out-of-priority depletions will be replaced with water released into the Crystal River from

Darien Pond as directed by the Division Engineer. Owner of land on which all structures are located: Applicant. (9 pages)






81601.






16CW3034 EAGLE COUNTY, MORRISON FORMATION, TRIBUTARY TO THE EAGLE RIVER. Application for Finding

of Reasonable Diligence. Applicant: Bear Gulch Homeowners’ Association, Inc., c/o Balcomb & Green, P.C., PO Drawer 790,

Glenwood Springs, CO 81602; 970-945-6546. The Bear Gulch Well Nos 2–5 and Palmer Well Nos 1–4 were originally decreed in

Case No. 94CW83 and are located within the Bear Gulch Subdivision. Applicant, is authorized to file this diligence application on

behalf of its members, who own lots in the Subdivision. Bear Gulch is the owner of water rights that were decreed to augment the

subject wells, as decreed in Case No. 94CW83, 01CW128 and 09CW4, and is obligated to administer the aug. plan and to account for

the diversions and depletions made under the aug. plan. Decree Entered: 12/9/2002; Case No. 01CW128 (94CW083), Court: District

Court, Water Division No. 5, Subsequent diligence: Cases No. 01CW128 and 09CW4, Water Division No. 5. Bear Gulch Well Nos. 2

through 5 and Palmer Well Nos. 1 through 4. Legal Descriptions: Bear Gulch Well No. 2: NE1/4NW1/4 Sec. 35, T. 4 S., R. 83 W.,

6th P.M. at a pt. 4,420 ft. from the S. line and 2,650 ft. from the E. line of said Sec. 35. Bear Gulch Well No. 3: NW1/4NE1/4, Sec.

35, T. 4 S., R. 83 W., 6th P.M. at a pt. 4,750 ft. from the S. line and 2,200 ft. from the E. line of said Sec. 35. Bear Gulch Well No. 4:

NW1/4NE1/4, Sec. 35, T. 4 S., R. 83 W., 6th P.M. at a pt. 4,780 ft. from the S. line and 2,600 ft. from the E. line of said Sec. 35. Bear

Gulch Well No. 5: NW1/4NE1/4, Sec. 35, T. 4 S., R. 83 W., 6th P.M. at a pt. 5,100 ft. from the S. line and 2,100 ft. from the E. line

of said Sec. 35. Palmer Well No. 1: SW1/4SE1/4, Sec. 26, T. 4 S., R. 83 W., 6th P.M. at a pt. 1,160 ft. from the S. line and 1,600 ft.

from the E. line of said Sec. 26. Palmer Well No. 2: SW1/4SE1/4, Sec. 26, T. 4 S., R. 83 W., 6th P.M. at a pt. 550 ft. from the S. line

and 1,920 ft. from the E. line of said Sec. 26. Palmer Well No. 3: SW1/4SE1/4, Sec. 26, T. 4 S., R. 83 W., 6th P.M. at a pt. 440 ft.

from the S. line and 2,380 ft. from the E. line of said Sec. 26. Palmer Well No. 4: SW1/4SE1/4, Sec. 26, T. 4 S., R. 83 W., 6th P.M.

at a pt. 180 ft. from the S. line and 2,050 ft. from the E. line of said Sec. 26. Date of Approp.: 4/13/1994. Depth: All approx. 500 ft.

Amt.: 15 g.p.m. (0.033 c.f.s.) for each well. Use: Dom., including 2,500 sq. ft. of lawn and landscape irr. for each well. A complete

list of diligence activities and expenditures is on file with the court. Names and addresses of owners or reputed owners of the land

upon which any new diversion structure is or will be constructed. Francisco Rodriquez-Rey Algeria, Conde de Lost Gaitanes, 28109

Alcobendes, Madrid Spain; Bellyache RW, LLC, 768 Valderrama Ct., Castle Rock, CO 80108; Eric Berg, POB 1514 Aspen, CO

81612; James Bolen, 2320 N. Orange Ave., Orlando, FL 32804; Charles Gately, 621 Sheridan Rd., Glencoe, IL 60022; William

Hibbs, 50 S. 6th St., Ste. 1500, Minneapolis, MN 55402; Morgan Reed Group, LLC, 5151 Collins Ave., Spt. 1727, Miami Beach, FL

33140; Mark Pak, 10 Bellamy Place, Stockebridge, GA 30281. (7 pgs).






81601.




APRIL 2016 RESUME




16CW3035 (09CW140) IN EAGLE COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF EAGLE RIVER WATER & SANITATION

DISTRICT. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, Garfield County Courthouse 109 8th

Street,

Glenwood Springs, CO 81601. 1. Name, address and telephone number of applicant: Eagle River Water and Sanitation District (the

“District”) c/o General Manager, 846 Forest Road, Vail, CO 81657 (970) 595-0138. Direct all pleadings to: Kristin H. Moseley,

William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th

Street, Boulder, CO 80302 (303) 443-6800. 2. Name of

structure: Red Sandstone Reservoir. 3. Description of conditional water right: A. Date of Original Decree: Decree of the District Court

in and for Water Division No. 5 (the “Water Court”) in Case No. W-3667 dated July 17, 1979. Subsequent decrees confirming the

exercise of reasonable diligence were entered by the Water Court in Case Nos. 83CW21 (Aug. 15, 1985), 87CW19 (May 26, 1987),

91CW10 (June 10, 1991), 97CW10 (May 29, 1997), 03CW87 (Sept. 30, 2003), and 09CW140 (April 4, 2010). B. Decreed Location:

The westerly end of the dam is located in Section 1, T.5 S., R.81W. of the 6th P.M., at a point whence the southeast corner of said

Section 1 bears south 13˚25'30" east 1810.2 feet. This location is alternatively described as the NE1/4 of the SE1/4 of Section 1, T.5

S., R.81 W. of the 6th P.M., at a point 440 feet from the east section line and 1,780 feet from the south section line of said Section 1

(as shown on Exhibit A hereto). C. Source: Red Sandstone Creek, tributary to Gore Creek, tributary to the Eagle River. D.

Appropriation Date: October 15, 1977. E. Amount: 160 acre-feet, conditional. F. Uses: Municipal, domestic, irrigation, mechanical,

manufacturing, generation of power, power generally, fire protection, sewage treatment, street sprinkling, watering of parks, lawns

and grounds, maintenance of municipal reserves, replacement, adjustment and regulation of the units of the Gore Valley Water

Authority Committee. 4. Detailed outline of work done to complete the project and apply water to beneficial use: During the diligence

period, the District has engaged in numerous activities that demonstrate diligence toward the application of the water right to the

decreed beneficial uses. The subject water right is part of District’s integrated water supply system. All such expenditures are

necessary steps in the development of the District’s integrated water supply system and the subject water right. Some of the specific

activities demonstrating the District’s diligence include: A. Engineering investigations and site visits to evaluate permitting

requirements for construction of the Red Sandstone Reservoir, mitigation requirements and opportunities, and an investigation of

alternative options was also conducted as is required under the National Environmental Policy Act associated with the construction of

the Red Sandstone Reservoir. B. The District has continued to pursue development of a joint project or projects as contemplated by

the 1998 MOU (“ERMOU”) with the Homestake Partners (the City of Colorado Springs and the City of Aurora), Vail Associates,

Upper Eagle River Regional Water Authority, Climax Molybdenum Company and the Colorado River Water Conservation District.

Ongoing engineering and other work associated with the development of the ERMOU project is directly related to development of the

water rights at issue and has included the following: (1) The District has participated in an initial screening study of proposed

ERMOU project alternatives and ongoing feasibility-level evaluations of preferred ERMOU project alternatives. (2) The District has

also coordinated with the National Forest Foundation and U.S. Forest Service to identify potential projects that mutually benefit

ERMOU objectives and wetland restoration through the Camp Hale area. (3) The District has collaborated with over 40 stakeholders

over a year-long planning effort to develop consensus recommendations for restoration and management associated with the Camp

Hale Eagle River Headwaters Restoration Project. This effort culminated in an August 21, 2014 Master Plan intended to convey to the

U.S. Forest Service desired conditions and recommendations that will help achieve ecological restoration and continuance of other

valued uses in the Camp Hale area. C. The District was actively involved in the Colorado River Basin Roundtable proceedings and

participated in the collaborative Colorado Water Plan process. D. The District continues to rely upon the subject water right and has

no intention to abandon same. All of the above activities are necessary prerequisites to applying the subject conditional water right to

the beneficial uses for which it was decreed. A map depicting the District’s service area, which is the location of use of the subject

water right, is attached as Exhibit B hereto. (7 pages)






81601.






16CW3036 Valley at Winter Park Water District, c/o Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Lakewood, CO

80215, (303) 986-1551, through counsel Evan D. Ela, Esq. and Joseph W. Norris, Esq., Collins Cockrel & Cole, P.C., 390 Union

Boulevard, Suite 400, Denver, CO 80228, (303) 986-1551, APPLICATION FOR AMENDED PLAN FOR AUGMENTATION,

CONDITIONAL WATER STORAGE RIGHT, CHANGE OF WATER RIGHTS, AND IN THE ALTERNATIVE,

APRIL 2016 RESUME


APPROPRIATIVE RIGHT OF EXCHANGE in GRAND COUNTY. 2. Purpose of Application. Applicant seeks to amend its plan

for augmentation originally decreed in Case No. 80CW67 (consolidated with Case Nos. 80CW456 and 84CW175), and amended by

Case No. 95CW354, both by the District Court, Water Division 5, State of Colorado (collectively the “Aug Plan”) to remove certain

sources of augmentation supply based on a decrease in projected water demand. Since the Aug Plan was decreed by the Court, the

Applicant has reassessed its projected water demand and determined that overall water requirements will be lower than the water

requirements on which the Aug Plan was based. In addition, the Applicant requests a decree granting a new conditional water storage

right for the existing Valley at Winter Park Pond (“Valley Pond”) located within the property to be served by the Aug Plan, approving

the Valley Pond as an alternate point of diversion for the Rich Ditch and Pearl Ditch, inclusion of the Valley Pond in the amended

Aug Plan, and granting an appropriative right of exchange, if needed, to facilitate operation of the Valley Pond. The Applicant

therefore requests that the Water Court amend the Aug Plan to: (a) reduce the decreed augmentation requirements of the Aug Plan

based upon the reduced water requirements of the proposed development; (b) release certain augmentation supplies from the Aug Plan

and allow for the maximum utilization of supplies so released; and (c) include the Valley Pond as an augmented structure in the Aug

Plan. FIRST CLAIM FOR RELIEF – CONDITIONAL WATER STORAGE RIGHT. 3. Name of Water Right and Structure. Valley

at Winter Park Pond. 4. Legal Description. In the NE1/4 SE1/4 of Section 9, Township 1 South, Range 76 West of the 6th P.M., the

center of the dam being located at a point further described as follows: Easting: 423,916.6 meters, Northing: 4,425,077.4 meters,

UTM Zone 13 North. 5. Source. Local inflows into the off-channel pond tributary to Skunk Creek, tributary to Pole Creek, and

tributary to the Fraser River, and irrigation return flow from landscape irrigation. 6. Date of Initiation of Appropriation. July 23, 2012.

(a) How Appropriation was Initiated: Applicant’s negotiations with Tabernash Meadows Water and Sanitation District for securing

storage capacity, conveyance of water rights, and identifying Applicant’s intent to amend its Augmentation Plan to more accurately

reflect its currently projected water demands. (b) Date Water Applied to Beneficial Use of Water: Not applicable. 7. Amount

Claimed. 5.0 acre-feet, CONDITIONAL, with the right to fill and refill when in-priority. 8. Uses. All beneficial uses necessary,

desirable, or incidental to the operation of Applicant’s water supply system including, without limitation, municipal, wildlife, fire

protection, recreation, drought protection, irrigation, evaporation and other incidental losses, replacement and augmentation purposes,

and storage for subsequent use for the above-described purposes. Irrigation use will occur within the Applicant’s service area as it

presently exists, or may exist in the future. The Applicant’s current service are is located in Section 9, Township 1 South, Range 76

West of the 6th P.M., shown in the attached Figure 1. 9. Surface Area of High Water Line. 0.6 acres. 10. Total Capacity of Reservoir.

5.0 acre-feet (5.0 acre-feet active capacity, 0.0 acre-feet dead storage). SECOND CLAIM FOR RELIEF – CHANGE OF WATER

RIGHTS TO ADD ALTERNATE POINT OF DIVERSION. 11. Name of Water Rights and Structures. Rich Ditch and Pearl Ditch.

12. Description of the water rights to be changed. (a) Rich Ditch. (i) Decreed Location. Headgate located on the West bank of

Crooked Creek at a point whence the Northeast corner of Section 4, Township 1 South, Range 76 West of the 6th P.M. bears N15°E,

2600 feet. (ii) Date of Appropriation. May 5, 1892. (iii) Decreed Amount. 20.25 acre-feet decreed as the historic annual consumptive

use in Case No. 80CW67. (iv) Decreed Uses. The uses described in the Aug Plan decrees. (v) Amount Applicant Intends to Change.

14.99 acre-feet of the 20.05 acre-feet previously quantified and changed in Case No. 80CW67. (b) Pearl Ditch. (i) Decreed Location.

Headgate located on the North bank of Pole Creek at a point whence the Southeast corner of Section 10, Township 1 South, Range 76

West of the 6th P.M., bears N35º15'W, 1311 feet. (ii) Date of Appropriation. May 5, 1892. (iii) Decreed Amount. 30.58 acre-feet

decreed as the historic annual consumptive use in Case No. 80CW67. (iv) Decreed Uses. The uses described in the Aug Plan decrees.

(v) Amount Applicant Intends to Change. 8.22 acre-feet of the 30.58 acre-feet previously quantified and changed in Case No.

80CW67. 13. Proposed Change. Applicant seeks approval to add the Valley Pond described in paragraph 4 above as an alternate point

of diversion and storage for the historical consumptive use credits of the Rich Ditch and Pearl Ditch water rights to which the

Applicant is entitled. Other than the alternate point of diversion and place of storage described herein, the Applicant does not seek any

further change of the subject Rich or Pearl Ditch rights. Diversions at the new alternate point will be limited to the amount physically

and legally available to the Applicant at the original point of diversion and will be subject to the terms and conditions contained in the

decrees entered in Case Nos. 80CW67 and 95CW354. The Pearl Ditch headgate was previously designated as an alternate point of

diversion for Applicant’s interests in the historical consumptive use credits associated with the Rich Ditch and Pearl Ditch, and the

Pole Creek Meadows Reservoir was designated a place of storage for the same interests, in Case No. 80CW67. Applicant’s interests

in the Rich Ditch and Pearl Ditch were previously quantified and changed and therefore, pursuant to C.R.S. § 37-92-305(3)(e), “the

water judge shall not reconsider or requantify the historical consumptive use” in this matter. A map depicting the locations of the

Pearl Ditch and Rich Ditch headgates is attached hereto as Figure 2. ALTERNATIVE THIRD CLAIM FOR RELIEF –

APPROPRIATIVE RIGHT OF EXCHANGE. 14. Alternative Claim for Appropriative Right of Exchange. If, and to the extent, the

Court denies the Applicant’s requested addition of the alternate point of diversion and place of storage for the Rich Ditch and Pearl

Ditch, the Applicant seeks to adjudicate a new appropriative right of exchange as described below. 15. Name of Exchange. Valley at

Winter Park Exchange. (a) Name and legal description of structure at which water will be diverted by exchange (exchange-to

location). Valley Pond, located as described in paragraph 4 herein. (b) Name and legal description of structure at which water released

for exchange (exchange-from location). Headgate of the Pearl Ditch, located as described in paragraph 12(b)(i) herein. (c) Description

of exchange. Historical consumptive use credits to which the Applicant is entitled will be diverted, measured and released at the

headgate of the Pearl Ditch, conveyed down Pole Creek to its confluence with Skunk Creek, thence exchanged up Skunk Creek to its

confluence with an unnamed drainage, thence up the unnamed drainage to the Valley Pond for replacement of depletions or storage.

(d) Date of Initiation of Appropriation. April 29, 2016. (i) How Appropriation was Initiated: By the filing of this Application. (ii) Date

APRIL 2016 RESUME


Water Applied to Beneficial Use of Water: Not applicable. (e) Amount Claimed. 1.0 cfs, CONDITIONAL. (f) Uses. All beneficial

uses necessary, desirable, or incidental to the operation of Applicant’s water supply system including, without limitation, municipal,

wildlife, fire protection, recreation, drought protection, irrigation, evaporation and other incidental losses, replacement and

augmentation purposes, and storage for subsequent use for the above-described purposes. Irrigation use will occur within the

Applicant’s service area as it presently exists, or may exist in the future. The Applicant’s current service area is located in Section 9,

Township 1 South, Range 76 West of the 6th P.M., shown in the attached Figure 1. FOURTH CLAIM FOR RELIEF –

AMENDMENT OF PLAN FOR AUGMENTATION. 16. Description of the Applicant’s Existing Amended Augmentation Plan. (a)

Prior Decrees. (i) On June 27, 1994, a decree was entered in Case No. 80CW67, which was consolidated by the water court with Case

Nos. 80CW456 and 84CW175, approving a plan for augmentation (“Original Plan”). The Original Plan allowed for the development

of 173.3 acres located in Section 9, Township 1 South, Range 76 West into residential units and a golf course. Sewage treatment was

to be provided by a central wastewater treatment and the Original Plan approved the operation of two wells, the Ski Gate and PCA

wells, as the water supply source for development. Augmentation replacement water was to be supplied by historical consumptive use

credits associated with the Rich and Pearl ditch water rights, which rights were quantified and changed in the same case. (ii) On

August 28, 1998, a decree was entered in Case No. 95CW354 amending the Original Plan (“Amended Plan”). This Amended Plan

allowed for the development of additional acreage (up to a maximum of 208.3 acres) located in the East 1/2 of Section 9, Township 1

South, Range 76 West of the 6th P.M., with water demands created by 48 residential units, a club house, a golf course maintenance

facility, and a small (9-hole) golf course. The Ski Gate Well was deleted as an augmented structure, Nontributary Well No. 1 was

added as an augmentation source, and the method of sewage treatment was changed from a central system to individual non-

evaporative septic/leach field systems. The formation of a special district was anticipated for future administration of the Amended

Plan. (iii) VWPWD, a special district properly formed under C.R.S. 32-1-101, et seq., was officially organized by entry of the

Findings, Order, and Decree of the District Court for Grand County, Colorado in Case No. 99CV66, entered October 14, 1999. As

contemplated by Paragraph 5.e. of the Amended Plan, VWPWD acquired the rights to the Aug Plan and underlying water rights by the

certain Special Warranty Deed – Correction, dated February 13, 2001, and recorded in the real property records for Grand County,

Colorado at reception no. 2001-002146. VWPWD now operates its water system pursuant to the Amended Plan. (b) Structures

Augmented by the Amended Plan. (i) PCA Well. The PCA Well was originally decreed in Case No. 80CW67, as consolidated with

Case Nos. 80CW456 and 84CW175, as a source of water supply for the proposed development under the Original Plan. The

Amended Plan reduced the total annual withdrawal from the PCA Well to 63.71 acre-feet per year to accommodate the then-reduced

demand of the Aug Plan, but maintained the original 300 gpm flowrate. A later decree issued in Case No. 01CW217, entered August

28, 2003, approved the use of a unified system of up to seven additional wells under the PCA Well priority and water right with the

same cumulative annual withdrawal limitations. In accordance with the 01CW217 Decree, a supplemental well permitted as PCA

Well T-3, Well Permit No. 57847-F, was constructed and is currently in use by the Applicant. Pumping from the PCA Well will

continue to be the primary source of supply for the Applicant’s municipal demands and pumping therefrom causes lagged stream

depletions that will continue to be met by the Applicant as decreed in Case No. 80CW67. (c) Decreed Augmentation Sources under

the Amended Plan. (i) Return Flows. Return flows after use, or reuse, or by direct discharge of water from the PCA Well water right.

(ii) Historical Consumptive Use Credits. (1) Pearl Ditch: Originally decreed in Civil Action No. 112 in the District Court of Grand

County, entered August 11, 1906, and quantified and changed for augmentation and other purposes in Case No. 80CW67. These

credits are available for release at the original point of diversion or after storage in Pole Creek Meadows Reservoir No. 1. (2) Rich

Ditch: Originally decreed in Civil Action No. 183 in the District Court of Grand County, entered August 3, 1911, and quantified and

changed for augmentation and other purposes in Case No. 80CW67. These credits are available for release at the original point of

diversion or after storage in Pole Creek Meadows Reservoir No. 1. (iii) Nontributary Well No. 1. Originally decreed in Case No.

81CW105 in the District Court, State of Colorado, Water Division 5, entered November 1, 1983. 17. Request for Amendment of the

Aug Plan. (a) Addition of Augmented Structure. (i) Valley Pond, located as described in paragraph 4 herein, to the extent needed to

offset out-of-priority storage or evaporative loss. (b) Addition of Replacement Source. (i) Water Released from storage in the Valley

Pond, located as described in paragraph 4 herein. (c) Reduction of Projected Demands. The annual demand associated with all water

use in the District’s service area at buildout is now projected to be 19.88 acre-feet/year, a significant reduction from the 63.71 acre-

feet/year projected by the Amended Plan. The new projected demands are described in further detail as follows: (i) Residential In-

house Use: Approximately 16 acre-feet/year, based upon a demand of approximately one-third of an acre-foot per household per year

for 48 total households, with 10% consumed by in-house use and treatment of returns by Individual Sewage Disposal Systems (ISDS)

and 90% returned to the stream system. (ii) Residential Irrigation: Approximately 0.95 acre-feet/year, based upon the estimated

demand for an average of 1,000 square feet of outside irrigation per household for 48 households, with 85% consumed and 15%

returned to the stream system. (iii) Community Landscape Irrigation: Approximately 2.0 acre-feet/year, based on a projected

maximum allowed demand for annual landscape irrigation necessary to establish new plantings of native vegetation on community

property located within the District, with 100% consumption. (iv) Evaporation from Storage: Approximately 1.07 acre-feet/year,

based on a worst-case year-round out-of-priority evaporative loss from Applicant’s Valley Pond. (d) Out-of-Priority Depletions to be

Augmented. Only a portion of the augmentation supplies identified in the Original Plan and Amended Plan are now needed under the

proposed amendment sought in this matter. The primary source of supply for meeting the Applicant’s demands will continue to be the

PCA Well; however, the Applicant may also supply water for community landscape irrigation and replacing out-of-priority

evaporation from water stored in the Valley Pond which will result in real-time depletions rather than lagged depletions. Lagged PCA

APRIL 2016 RESUME


Well stream depletions required to be augmented at the maximum 100-year depletion rate (0.225) decreed in Case No. 80CW67 for

the projected maximum residential demands described in Paragraph 17.(c)(i)-(ii) above will be approximately 3.81 acre-feet/year.

Maximum out-of-priority stream depletions required to be augmented from demands at the Valley Pond described in Paragraph

17.(c)(iii)-(iv) above will be approximately 3.07 ace-feet/year. The total annual augmentation demand for the District’s projected

service area at buildout is therefore 6.88 acre-feet/year. (e) Release of Water Rights from the Aug Plan. Paragraph 11 of the Original

Plan decree dedicated Applicant’s interests in the changed Pearl Ditch and Rich Ditch water rights for use as augmentation supplies in

the Aug Plan. Due to reduction of demand and out-of-priority depletions, and addition of the augmentation sources described above,

the Applicant seeks judicial approval to release from the Aug Plan portions of the Rich and Pearl Ditch water rights that no longer

require dedication under the proposed amendment. The Applicant anticipates that all (30.58 acre-feet) of the previously quantified

and dedicated 30.58 acre-feet per year of historical consumptive use credits in the Rich Ditch and 13.17 acre-feet of the previously

quantified and dedicated 20.05 acre-feet of historical consumptive use credits in the Pearl Ditch can be released from the Aug Plan. If

this claim is granted, 6.88 acre-feet of consumptive use credits in the Pearl Ditch will remain dedicated for replacement of depletions

in Applicant’s Aug Plan. The requested releases are based on reasonable factual and engineering assumptions as of the date of this

Application, but might be increased or decreased during the pendency of this adjudication without republication or amendment of this

Application. The requested releases will allow for maximum utilization of the subject water rights for other purposes. See Fellhauer

v. People, 447 P.2d 986, 994 (Colo. 1968). 18. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any

new or existing 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, C.R.S. § 37-92-302(2)(b). The Valley

at Winter Park Pond is located on land owned by Valley at Winter Park Homeowners Association, Box 308, Tabernash, CO 80478-

0308; the Pole Creek Meadows Reservoir No. 1 is located on land owned by Pole Creek Valley Owners’ Association, PO Box 1758,

Winter Park, CO 80482-1758. (12 pages)






81601.






16CW3022 (08CW111, 88CW449) EAGLE, LAKE, AND PITKIN COUNTIES. Amended Application for a Finding of

Reasonable Diligence. Applicant: Homestake Partners, comprising: The City of Colorado Springs, acting by and through its Enterprise

Colorado Springs Utilities, c/o Brett W. Gracely, 121 South Tejon Street, Colorado Springs, CO 80903; Phone: (719) 668-4052;

Email: [email protected] and: The City of Aurora, acting by and through its Utilities Enterprise, Utilities Department, 15151 E.

Alameda Parkway, Suite 3600, Aurora, CO 80012; Phone: (303) 695-7370; Email: [email protected]. Pleadings should be

served on the attorneys for the Applicant: William A. Paddock, Karl D. Ohlsen, Johanna Hamburger, Carlson, Hammond & Paddock,

L.L.C., 1900 Grant St., Suite 1200, Denver, CO 80203; Phone: (303) 861-9000; Fax: (303) 861-9026; Michael Gustafson, City

Attorney’s Office-Utilities Division, 30 S. Tejon St., Suite 501, P. O. Box 1575, Mail Code 510, Colorado Springs, CO 80901-1575;

Phone: (719) 385-6422, Fax: (719) 385-5535; and John M. Dingess, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite

Street, Suite 500, Denver, CO 80237-1829; Phone: (303) 779-0200, Fax: (303) 779-3662. 1. The Applicant filed its Application for a

Finding of Diligence on February 29, 2016. The Application seeks a finding of diligence on the following structures: Resolution Creek

Reservoir, Lower East Fork Reservoir, Eagle Park Reservoir, Eagle Park Wetland Irrigation System, Eagle Park Aquifer Well Field,

and Homestake Project structures, including: Homestake Conduit, East Fork Conduit, Homestake Tunnel, Homestake Reservoir, and

Eagle Arkansas Ditch. A decree for these structures was originally entered in Case No. 88CW449 by the District Court for Water

Division No. 5. A finding of diligence was subsequently entered in Case No. 08CW111. 2. A subsequent Decree for the Homestake

Project was entered in Case No. 95CW272-A in the District Court for Water Division No. 5, on March 16, 2011. The legal

descriptions of certain remaining conditional water rights of the Homestake Project were changed, and alternate points of diversion

added, by the Decree entered in this case. 3. Two changes have been made to the proposed Amended Application. 4. First, in the

Application, the Applicant stated in the last sentence of Paragraph 5(B), in regards to Case No. 03CW320, that “The federal District

Court entered a final decree in November 2012.” This statement is not factually accurate. The District Court for Water Division No. 5

was the court that entered a final decree in November 2012 in Case No. 03CW320. 5. The Applicant seeks to amend the last sentence

of Paragraph 5(B) to state the following: “The District Court for Water Division No. 5 entered a final decree in November 2012.” The

Applicant has attached hereto an Amended Application incorporating this change. A map of the structures at issue is also attached,

though this map has not changed since the original filing. 6. Second, the proposed Amended Application modifies Paragraph 3.F.3.a

by listing alternate and changed points of diversion for the Exchange From Locations listed in Paragraph 3.F.5.a., as decreed in Case

APRIL 2016 RESUME


No. 95CW272, and by providing background on Case No. 95CW272. The Application as originally filed included only the original

points of diversion, not the alternate and changed points of diversion. The changes to Paragraph 3.F.3.a are set forth below. 3.

Describe conditional water rights: F. 1988 Homestake Exchange: 1. Original Decree: Case No. 88CW449, District Court Water

Division No. 5. a. In Case No. 95CW272-A, District Court Water Division No. 5, a Decree was entered on March 16, 2011, for

conditional water rights, for changes of water rights, and for approval of a plan for augmentation, including exchange. The legal

descriptions of certain conditional water rights of the Homestake Project were changed, and alternate points of diversion added, by the

Decree entered in this case. 2. Date of Original Decree: August 20, 2002. 3. Location and Legal Description: a. Exchange From

Points: Homestake Project, including: 1. Homestake Conduit. The Homestake Conduit receives and delivers appropriated water to

Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir from the following sources:

Stream or

Other Source

of Supply Point of Diversion

Amount Cubic

Feet Per

Second of Time

Unnamed Creek

Alternate Point:

Changed Points:

S 86° 25’E 35,177 ft. to NW cor 6-7S-80W

S 86° 4.7’E, 35,286 ft. to NW cor 6-7S-80W

Blodgett Reservoir, Homestake Creek Intake, Turkey Creek

Intake, or Cross Creek Intake for the Eagle-Cross Pump and

Pipeline, Fall Creek Intake for the Eagle-Cross Pump and

Pipeline, Peterson Creek Intake for the Eagle-Cross Pump and

Pipeline, or Eagle River Intake for the Eagle-Cross Pump and

Pipeline

60 C*

West Cross Creek

Alternate Point:

Changed Points:

N 81° 58’E 36,256 ft. to NW cor 6-7S-80W

N 79° 52.5’E 38,572 ft. to NW cor 6-7S-80W






Pipeline

200 C*

Cross Creek

Alternate Point:

Changed Points:

N 81° 26’E 35,064 ft. to NW cor 6-7S-80W

N 75° 59.9’E 36,569 ft. to NW cor 6-7S-80W






Pipeline

300 C*

East Cross Creek

Alternate Point:

Changed Points:

S 74° 11’E 26,649 ft. to NW cor 6-7S-80W

S 74° 52.9’E 25,882 ft. to NW cor 6-7S-80W






Pipeline

130 C*

Fall Creek

Alternate Point:

Changed Points:

S 82° 55’E 12,812 ft. to NW cor 6-7S-80W

N 83° 01.8’E 14,320 ft. to NW cor 6-7S-80W






Pipeline

260 C*

Peterson Creek

Alternate Point:

New Alternate

Points:

S 64° 05’E 6,822 ft. to NW cor 6-7S-80W

S 76° 2.9’E 6,474 ft. to NW cor 6-7S-80W





50 C*

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Pipeline

Unnamed Creek

Alternate Point:

Changed Points:

S 76° 45’E 10,572 ft. to SW cor 18-7S-80W

S 73° 26.5’E 10,896 ft. to SW cor 18-7S-80W






Pipeline

50 C*

Whitney Creek

Alternate Point:

Changed Points:

N 81° 42’E 13,489 ft. to SW cor 18-7S-80W

N 83° 27.8’E 13,879 ft. to SW cor 18-7S-80W






Pipeline

80 C*

French Creek

New Alternate

Points:

S 82° 18.3’E 20,988 ft. to NW cor 31-7S-80W






Pipeline

60.1 A*

119.9 C*

Fancy Creek

New Alternate

Points:

N 85° 10.5’E 25,280 ft. to NW cor 31-7S-80W






Pipeline

38.6 A*

91.4 C*

Missouri

New Alternate

Points:

N 77° 12.4’E 28,800 ft. to NW cor 31-7S-80W






Pipeline

39.8 A*

80.2 C*

Sopris Creek

New Alternate

Points:

N 74° 7.6’E 29,848 ft. to NW cor 31-7S-80W






Pipeline

41.3 A*

118.7 C*

Small unnamed streams, springs, seeps, sheet flows and ground waters

along Homestake Conduit

Changed Points: Blodgett Reservoir, Homestake Creek Intake, Turkey Creek Intake,

or Cross Creek Intake for the Eagle-Cross Pump and Pipeline, Fall Creek Intake for the

Eagle-Cross Pump and Pipeline, Peterson Creek Intake for the Eagle-Cross Pump and

Pipeline, or Eagle River Intake for the Eagle-Cross Pump and Pipeline

120 C*

__________

Total . . . . . . . . . . . . . 179.8 A*

1,660.2 C*

* A = ABSOLUTE * C = CONDITIONAL Said amounts from any and all sources are limited by the capacity of the Homestake

Conduit from its lowest diversion to Homestake Reservoir to 1,530 cubic feet per second of time. The changed and alternate points of

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diversion identified in the above table are located as follows as decreed in Case No. 95CW272-A: Blodgett Reservoir: NE1/4 of the

NE1/4 of Section 6, T7S, R80W of the 6th

P.M. at a point on Homestake Creek approximately 1,050 feet South of the North section

line and 800 feet West of the East section line. Homestake Creek Intake: NE1/4 of the SE1/4 of Section 31, T6S, R80W of the 6th

P.M.

at a point on Homestake Creek approximately 1,900 feet North of the South section line and 75 feet West of the East section line.

Turkey Creek Intake: SW1/4 of the NW1/4 of Section 20, T6S, R80W of the 6th

P.M. at a point on Turkey Creek approximately 1,500

feet South of the North section line and 880 feet East of the West section line. Cross Creek Intake for the Eagle-Cross Pump and

Pipeline: SE1/4 of the SW1/4 of Section 36, T5S, R81W of the 6th

P.M. at a point on Cross Creek approximately 2,000 feet East of the

West section line and 1,250 feet North of the South section line. Fall Creek Intake for the Eagle-Cross Pump and Pipeline: SW1/4 of

the NW1/4 of Section 13, T6S, R81W of the 6th

P.M. at a point on Fall Creek approximately 4,300 feet East of the West section line

and 2,400 feet South of the North section line. Peterson Creek Intake for the Eagle-Cross Pump and Pipeline: NW1/4 of the NE1/4 of

Section 24, T6S, R81W of the 6th

P.M. at a point on Peterson Creek approximately 1,400 feet West of the East section line and 1,100

feet South of the North section line. Eagle River Intake for the Eagle-Cross Pump and Pipeline: SE1/4 of the SW1/4 of Section 19,

T6S, R80W of the 6th

P.M. at a point on the Eagle River approximately 1,100 feet North of the South section line and 1,750 feet East

of the West section line. 2. East Fork Conduit. The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant

to its appropriation of 70.8 cubic feet per second of time ABSOLUTE and 189.2 cubic feet per second of time CONDITIONAL

therefrom and conveys these waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir, said

East Fork Conduit having a capacity of 260 cubic feet per second of time and a total length of approximately 3093 feet. The point of

diversion of said conduit is on East Fork Homestake Creek at a point whence the Northwest Corner of Section 31, T7S, R80W bears

North 55° 40.5' East, 22,917 feet. In addition to the originally decreed points of diversion, the East Fork Conduit may divert at the

following alternate points of diversion as decreed in Case No. 95CW272-A: Blodgett Reservoir; the Homestake Creek Intake; the

Turkey Creek Intake; or Cross Creek intake, Fall Creek intake, Peterson Creek intake, or Eagle River intake for the Eagle-Cross Pump

and Pipeline, as described in Paragraph 3.F.3.a.1 above. 3. Homestake Tunnel. Homestake Tunnel under the Continental Divide for

the conveyance of water into the Arkansas River Basin with its intake located at a point under Homestake Reservoir whence the

Northwest corner of Section 10, T9S, R81W of the 6th P.M. bears South 15° 27’08” East 26,173.03 feet appropriates a maximum

amount of 10 cubic feet per second of time CONDITIONAL of water seeping and percolating into Homestake Tunnel from former

Water District No. 37 areas and 300 cubic feet per second of time ABSOLUTE from Middle Fork of Homestake Creek, at its said

Northerly portal, its point of diversion; said tunnel has a length of 27,400 feet and a capacity of 700 cubic feet per second of time. The

tunnel will convey out of former Water District No. 37 up to 700 cubic feet per second of time of waters appropriated by the tunnel

from the Middle Fork of Homestake Creek, together with water appropriated by the tunnel from the Homestake Creek and East Fork

Conduits and Homestake Reservoir, to an outlet at a point from where the Northwest corner of Section 10, T9S, R81W of the 6th P.M.

bears North 6°40'52" East, a distance of 2,173.54 feet. 4. Homestake Reservoir. Homestake Reservoir, also known as Elliott-Weers

Reservoir, has a capacity of 83,338.98 acre feet CONDITIONAL, is located on Homestake Creek with a dam whence Homestake

Peak bears South 73° 26' East 10,477 feet from the easterly end thereof and South 74° 57' East 13,347 feet from the westerly end

thereof, said dam having a maximum height of 411.5 feet and a length of 3,380 feet. The sources of supply of said reservoir are

Homestake Conduit (the sources of this conduit are set forth above), East Fork Conduit (the source of this conduit is set forth above),

the Middle Fork of Homestake Creek and Homestake Creek and said reservoir has appropriated for storage 83,338.98 acre feet

annually from said sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake

Tunnel. Existing Homestake Reservoir has a storage capacity of 43,504.7 acre feet ABSOLUTE and is located on Homestake Creek

with a dam whence the NW Corner of Section 31, T7S, R80W of the 6th P.M. bears North 58° 30.6' East 24,659 feet from the East

dam abutment and North 62° 25.8' East 25,746 feet from the West dam abutment; said dam has a maximum height of 265.0 feet and a

length of 1,996 feet. The sources of supply of said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the

Middle Fork of Homestake Creek and Homestake Creek. Existing Homestake Reservoir has appropriated 43,504.7 acre feet annually

from said sources and also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. Pursuant to the

decree entered in Case No. 95CW272-A, the Applicant may divert and store 9,316 acre-feet annually in either the Homestake

Reservoir or in Blodgett Reservoir. 5. Eagle-Arkansas Ditch. The Eagle-Arkansas Ditch receives and delivers into the Tennessee Pass

Tunnel for conveyance under the Continental Divide and out of former Water District No. 37 into the Arkansas River Basin the water

appropriated from the following sources:

Stream or

Other Source

of Supply

Point of Diversion

Amount Cubic

Feet Per

Second of Time

(Bearing and distance to land Corners of the Sections, Ranges and

Townships Indicated, all refer to 6th P.M.)

Cataract Creek

New Alternate Points:

S 54° 46’35”W 3,147.15 ft. to E/4 cor Sec 24-7S-80W

Blodgett Reservoir, Homestake Creek Intake, Turkey Creek Intake,

or Cross Creek Intake for the Eagle-Cross Pump and Pipeline, Fall

Creek Intake for the Eagle-Cross Pump and Pipeline, Peterson

Creek Intake for the Eagle-Cross Pump and Pipeline, or Eagle

90 C*

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River Intake for the Eagle-Cross Pump and Pipeline

Sheep Gulch


S 61° 59’03”W 262.66 ft. to NW cor Sec 29-7S-79W






20 C*

East Fork Eagle River


N 27° 54’39”E 1,328.12 ft. to E/4 cor Sec 32-7S-79W






230 C*

Jones Gulch


N 29° 19’38”E 826.82 ft. to E/4 cor Sec 26-7S-80W






90 C*

Fiddler Creek


N 83° 20’47”W 1,360.22 ft. to NW cor Sec 2-8S-80W






30 C*

Taylor Gulch

New Alternate

Points:

S 9° 55’55”W 6,128.68 ft. to SW cor Sec 11-8S-80W






20 C*

Piney Creek


S 52° 18’04”W 2,193.82 ft. to SW cor Sec 11-8S-80W






20 C*

Small unnamed streams, springs, seeps, sheet flows and ground water along Eagle-Arkansas

Ditch, one of which is located at a point on an unnamed tributary of the East Fork of the

Eagle River whence the S¼ cor of S¼ cor of Sec 29-7S-79W of the 6th P.M. bears S60°

9'47"W, a distance of 1,551.06 ft.

30 C*

________

Total . . . . . . . . . . . .

530 C*

* A = ABSOLUTE * C = CONDITIONAL The location of the alternate points of diversion as decreed in Case No. 95CW272-A are

described in Paragraph 3.F.3.a.1 above. The original Decree for the Homestake Project was entered in Civil Action No. 1193, Eagle

County District Court, on June 8, 1962; these rights have been made absolute in part, and the remaining conditional components have

been the subject of subsequent diligence findings entered on September 17, 2007, in Case No. 06CW225, and most recently on

February 9, 2014, in Case No. 13CW3045, which also made certain conditional components absolute. The legal descriptions of certain

of the remaining conditional water rights of the Homestake Project were corrected, and alternate points of diversion added, by the

Decrees entered by the District Court in and for Water Division No. 5 in Cases No. 85CW151, 85CW582 and 85CW583 on August

10, 1988, and in Case No. 06CW225 on September 17, 2007. As stated above, a Decree that involved changes of water rights for the

Homestake Project was entered in Case No. 95CW272-A in the District Court for Water Division No. 5, on March 16, 2011. The legal

descriptions of certain remaining conditional water rights of the Homestake Project were changed, and alternate points of diversion

added, by the Decree entered in this case. b. Exchange To Points: 1. Resolution Creek Reservoir, described in paragraph 3.A.2 above.

2. Lower East Fork Reservoir, described in paragraph 3.B.2 above. 3. Eagle Park Reservoir, described in paragraph 3.C.2 above. 4.

Eagle Park Wetland Irrigation System, described in paragraph 3.D.2 above. 5. Eagle Park Aquifer Well Field, described in paragraph

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3.E.2 above. 4. Source/Reaches of Stream affected: The Eagle River and each of its tributaries between the points of diversion or

storage described in paragraph 3.F.3.a. above as sources of exchange and the structures for diversion or storage by exchange as

described in paragraph 3.F.3.b. above. 5. Priority Date: December 19, 1988. 6. Amount: a. The component parts of the Homestake

Project were awarded conditional priorities in the amounts set forth in paragraph 3.F.2.a. above, and overall amounts and ditch or

reservoir numbers and priority numbers as follows:

Number

of

Ditch

Name of

Ditch or Reservoir

Original

Construction or

Enlargement

Priority

No.

Water

Allowed

358 ½ A Homestake Conduit Original 536 ½ A 179.8 c.f.s. A*

1660.2 c.f.s. C*

358 ½ B East Fork Conduit Original 536 ½ B 70.8 c.f.s. A*

189.2 c.f.s. C*

358 ½ C Homestake Tunnel Original 536 ½ C 300 c.f.s. A*

358 ½ D Homestake Reservoir Original 536 ½ D 43,504.7AF A*

83,338.98AF C*

358 ½ E Eagle-Arkansas Ditch Original 536 ½ E 530 c.f.s. C*

* A = ABSOLUTE * C = CONDITIONAL b. The Exchange allows diversion or storage by exchange at any combination of the

structures described in paragraph 3.F.3.b. above of such amounts as would be available in priority for diversion or storage at decreed

points of diversion or storage for the Homestake Project’s conditional water rights as more fully described in paragraph 3.F.3.a. above.

c. Also, Applicant is allowed to exchange for diversion or storage at the structures described in paragraph 3.F.3.b. above, any amount

required to be bypassed to maintain minimum flow levels within the stream or to meet conditions imposed by any federal, state or

local permitting agency. The bypass flow amounts now quantified are as follows:

Diversion point Bypass amount

West Cross Creek 5 c.f.s.

Cross Creek 4 c.f.s.

East Cross Creek 3 c.f.s.

Fall Creek 3 c.f.s.

French Creek 1.67 c.f.s.

Fancy Creek 1 c.f.s.

Missouri Creek 3 c.f.s.

Sopris Creek 2 c.f.s.

East Fork Homestake Creek 2.67 c.f.s.

Middle Fork Homestake Creek 6 c.f.s.

Homestake Creek at Gold Park 24 c.f.s.

The water which is not diverted or stored or is released at the points of diversion or storage described in paragraph 3.F.3.a. for the

Homestake Project, including the bypasses described herein, shall be used to satisfy downstream rights in the Eagle or Colorado River

basins in exchange for water being stored or diverted at the structures described in paragraph 3.F.3.b. above. All water diverted or

stored by exchange may be used for such uses and at such places as described in paragraphs 3.A.7, 3.B.7, 3.C.7, 3.D.6, and 3.E.7 and

is subject to use, reuse and successive use to extinction for all beneficial uses as described therein including reuse and successive use

to extinction of all return flows therefrom. d. Applicant shall operate the exchanges described above at an instantaneous flow rate not

to exceed the decreed rates of flow or volumetric limits for all sources of exchange described herein. 7. Use: The uses decreed for the

Exchange To structures as set forth in paragraphs 3.A.7, 3.B.7, 3.D.7, and 3.E.7 above. 8. Depth (if well): N/A. 5. Provide a detailed

outline of what has been done toward completion or for completion of the appropriation and application of water to a

beneficial use as conditionally decreed, including expenditures: B. In December 2003, the City of Colorado Springs filed Case No.

03CW320 in the District Court in and for Water Division No. 5, and a related adjudication filing in the United States District Court for

the District of Colorado (“Federal District Court”), pursuant to that court’s continuing jurisdiction in Consolidated Cases No. 2782,

5016 and 5017 (the so-called “Blue River Decree”). These filings were made to adjudicate its plan and method of substitution

operations for its Blue River Water Rights as described in the 2003 Memorandum of Agreement Regarding Colorado Springs

Substitution Operations with the Colorado River Water Conservation District, the City and County of Denver, the Northern Colorado

Water Conservancy District, the County of Summit, Vail Summit Resorts, Inc., and the Town of Breckenridge, and a related

Memorandum of Agreement with the County of Summit, Vail Summit Resorts, Inc. and the Town of Breckenridge (collectively the

2003 MOA). Upon dismissal of the federal District Court action, Colorado Springs continued to pursue adjudication of Case No.

03CW320 by entering into stipulations with various opposers during the diligence period and submitting proposed decrees in

November 2011 and September 2012. The District Court for Water Division No. 5 entered a final decree in November 2012.




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81601.

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