IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO.

Transcription

1 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S , as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of August The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: CASE NO. 06CW146. Applicant: Christopher and Kyle Nash, 3008 Bruton Road, Plant City, FL Application for Surface Water Rights: Independent Spring Section 22 and 27, T50N, R4E, NMPM. Distance from Section Lines: 750 feet southeast of the section lines. North West from corner 1 to corner 4. Source: spring. Appropriation Date: 7/31/05. Amount Claimed:.033 cfs absolute for household use. GUNNISON COUNTY. CASE NO. 06CW148. Applicant: Michael Halikoytakis, nd Ave. S, Tampa, FL Attorneys for Applicant: James D. Brown of Brown, Schottelkotte & Tweedell, P.O. Box 43, Delta, CO (970) Application for Surface and Storage Water Rights: Structures: Halikoytakis Spring and Halikoytakis Pond. Legal Description: Halikoytakis Spring: SW NW NE of Section 32, Township 13 South, Range 94 West, 6 th P.M feet west of the East line of said Section 32 and 730 feet south of the North line of said section 32; Halikoytakis Pond: SW NW NE of Section 32, Township 13 South, Range 94 West, 6 th P.M. with the center of the dam located 2234 feet west of the East line of said Section 32 and 843 feet south of the North line of said section 32, all in Delta County, Colorado. Storage capacity of Halikoytakis Pond: Surface Area of high water line: 0.25 acre; Maximum height of dam: less than 10 feet; Length of dam: 50 feet; Total capacity of reservoir: 1.25 acre feet; Active capacity: 0.00 acre feet; Dead storage: 1.25 acre feet. Source: waters tributary to Cedar Run, a tributary of Surface Creek, tributary to the Gunnison River in Water District No. 40. Date of Appropriation: June 7, How Appropriation Was Initiated: Formation of intent to divert water for beneficial use and retention of a water consultant to provide services to develop an augmentation plan for the replacement of depletions. Date Water Applied to Beneficial Use: Water has not been diverted to beneficial use. Amount Claimed: Halikoytakis Spring: 0.25 c.f.s.; Halikoytakis Pond: 1.25 acre feet. User's Proposed Use: Applicant proposes divert water from Halikoytakis Spring for storage in Halikoytakis Pond for piscatorial, wildlife, and recreation uses upon Applicant s residential lot known as Lot 3, Stonegate at Deer Creek Villages, Filing 2A. Application for Approval of Plan for Augmentation: Name of Structure to be Augmented: Halikoytakis Pond. Previous Decree for Water Right to be Used for Augmentation: Applicant proposes to lease 1.00 acre foot of water annually from the Grand Mesa Water Conservancy District (hereinafter GMWCD) for replacement of evaporative depletions from Halikoytakis Pond. The water leased from Grand Mesa Water Conservancy District is stored in Upper Eggleston Lake and Arch Slough under a decree in Case No. 97 CW 131, District Court, Water Division No. 4, approving changes of point of storage and changes of sources of supply for the Grand Mesa Project decree originally entered January 31, 1964, in Case No. 4808, Delta County District Court; amended by decree entered December 13, 1972 in Case No. W-586, District Court, Water Division No. 4. The GMWCD exchange water is decreed for storage and diversion and use for irrigation, fishing, recreation, municipal, domestic, and stockwater, with releases to Ward Creek and Kiser Creek, tributaries to Surface Creek. Statement of Plan for Augmentation: Out-of-priority evaporative depletions from Halikoytakis Pond will be 0.90 acre feet per year. Transit losses for replacement of evaporative depletions are estimated to be 1% per mile for 10 stream miles. Total annual water demand is estimated to be 1.0 acre-foot. See Table of Evaporative Depletions attached to application. Out-of-priority depletions will be augmented from 1.0 acre foot of water stored in Upper Eggleston Lake and Arch Slough available to the Applicant under a 10-year lease 1

2 from GMWCD as more particularly described above. Name and address of owner of land. Michael Halikoytakis, nd Ave. S, Tampa, FL DELTA COUNTY. CASE NO. 06CW149. Applicant: Lamar and Jana Forsgren, 7801 Reeder Mesa Road, Whitewater, CO Application for Surface Water Rights: NE 1/4 NW 1/4 of Section 26, T2S, R2E, Ute PM, 487 feet from the north and 2111 feet from the west section lines. Source: Whitewater Creek. Appropriation Date: 6/7/1982. Amount Claimed:.05 cfs absolute for irrigation, livestock, wildlife and recreation. MESA COUNTY. CASE NO. 06CW150. Applicant: Alan C. Helmick, Siminoe Road, Whitewater, CO Application for Surface Water Rights: Helmick Diversion from Kannah Creek SE 1/4 SE 1/4 of Section 3, T2S, R2E, Ute PM, 304 feet from the south and 5 feet from the east section lines. Source: Kannah Creek. Amount Claimed:.5 cfs conditional for fish culture and irrigation of 20 acres. MESA COUNTY. CASE NO. 06CW151. Applicant: Gary Anderson, 618 Glacier Drive, Grand Junction, CO Application for Surface Water Rights: Mayo Wastewater Ditch SE 1/4 NW 1/4 of Section 25, T15S, R92W, 6th PM, 2600 feet from the north and 1300 feet from the west section lines. Source: Cottonwood Creek, tributary to the North Fork of the Gunnison. Appropriation Date: Amount Claimed:.35 cfs absolute for irrigation. DELTA COUNTY. CASE NO. 06CW152. Applicant: Antonio G. Daranyi and Barclay Smith Daranyi, PO Box 963, Norwood, CO Application to Make Absolute: Virgin Spring SW 1/4 NW 1/4 of Section 15, T45N, R13W, NMPM, 1450 feet from the south and 100 feet from the east section lines. Source: tributary to Maverick Draw and San Miguel River. Appropriation Date: 1/4/2001. Amount Claimed:.1 cfs for fish culture, domestic, irrigation of 10 acres, stockwater, wildlife and fire protection. Application for Finding of Diligence: Caretaker Spring SE 1/4 SW 1/4 of Section 15, T45N, R13W, NMPM, 3200 feet from the south and 1700 feet from the east section lines. Source: tributary to Maverick Draw and San Miguel River. Appropriation Date: 1/4/2001. Amount Claimed:.1 cfs for fish culture, domestic, irrigation of 10 acres, stockwater, wildlife and fire protection. SAN MIGUEL COUNTY. CASE NO. 06CW153. Applicant: Mike and Nancy Hughes, PO Box 370, Paonia, CO Application for Finding of Diligence: Meagher Springs Pipeline No. 1 NE 1/4 NW 1/4 NE 1/4 of Section 29, T11S, R91W, 6th PM, 466 feet north of the south and 2614 feet west of the east section lines. Source: Gunnison River. Appropriation Date: 12/9/99. Amount Claimed: 4.6 gpm (0.01 cfs) for domestic and fire protection. DELTA COUNTY. CASE NO. 06CW154. Applicant: James Ruthven, 230 Chekwa Trail, Gunnison, CO Application for Surface Water Rights: Wellbrock Ditch SE 1/4 SE 1/4 of Section 14, T50N, R1W, NMPM, 1250 feet from the south and 987 feet from the east section lines. Source: unnamed tributary drainage ditch along county road to Ohio Creek. Appropriation Date: 5/1/1990. Amount Claimed: 2 cfs absolute for irrigation of hay meadow. GUNNISON COUNTY. CASE NO. 06CW155. Applicant: Richard and Lorie Mosteller, PO Box 965, Delta, CO Application for Finding of Diligence: P&L Ponds Section 22, T14S, R95W, 6th PM, 700 feet north of the south section line and 1450 feet east of the west section line. Source: Dough Spoon Creek. Appropriation Date: 6/2/1993. Amount Claimed:.25 cfs. Use: The main purpose is to improve the habitat for wildlife by the construction of a pond. Secondary use is for irrigation. DELTA COUNTY. CASE NO. 06CW156. Applicant: Walter and Judith Roberts, 7343 Caldus Avenue, Van Nuys, CA Application to Make Absolute: Joyful Spring SW 1/4 NE 1/4 SE 1/4 of Section 4, T46N, R10W, NMPM, 1850 feet from the south and 1000 feet from the west section lines. Source: 2

3 Uncompahgre River. Appropriation Date: 7/13/00. Amount Claimed: 1.5 to 2 gallons per minute for livestock water. OURAY COUNTY. CASE NO. 06CW157. Applicant: Joseph Cook, c/o Carl Cook, 3618 Ridge Drive, Grand Junction, CO Application for Surface Water Rights: Cook s Diversion or Pipeline SE 1/4 SW 1/4 of Section 7, T51N, R11W, NMPM, 250 feet from the south and 1000 feet from the west section lines. Source: Gunnison River, Buttermilk Creek. Appropriation Date: 6/16/03. Amount Claimed: 4 cfs conditional for irrigation. DELTA COUNTY. CASE NO. 06CW158. DELTA COUNTY - GUNNISON RIVER; David and Sheila Torkelson, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, Colorado 81506; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; 1. Name, address and telephone number of applicant: David and Sheila Torkelson, P. O. Box 837, Hotchkiss, CO 81419, (970) ; 2. Name of structures: Sunshine Springs Nos Description of conditional water right: A. Date of original decree: July 18, 2000, Case No.: 98CW191, B. Legal description: (i) Sunshine Spring No. 2 is located in the SW1/4SE1/4 of Section 9, Township 14 South, Range 92 West, 6 th P.M., at a point which is 1,830 feet west of the east section line and 1,316 feet north of the south section line of Section 9; ii. Sunshine Spring No. 3 is located in the NW1/4SW1/4SE1/4 of Section 9, Township 14 South, Range 92 West, 6 th P.M., at a point which is 1,942 feet west of the east section line and 934 feet north of the south section line of Section 9; iii. Sunshine Spring No. 4 is located in the NW1/4SW1/4SE1/4 of Section 9, Township 14 South, Range 92 West, 6 th P.M., at a point which is 2,054 feet west of the east section line and 549 feet north of the south section line of Section 9; C. Source: For all springs, a natural spring tributary to unnamed draw, tributary to North Fork Gunnison River. D. Amount and appropriation date: i. Sunshine Spring No. 2, 0.10 c.f.s., conditional appropriation date December 31, 1998; ii. Sunshine Spring No. 3, c.f.s., conditional, appropriation date December 31, 1998; iii. Sunshine Spring No. 4, c.f.s., conditional, appropriation date of December 31, 1998, all in Case No. 98 CW 191; 5. Use: For all springs, in-house domestic use, commercial use within holistic healing center, and firefighting; 4. Detailed outline of what has been done toward completion: Collection structures for the Sunshine Springs Nos. 2 through 4 have been constructed and a delivery system and cistern has been installed. Additionally, the infrastructure that will house the treatment facility for the springs has been constructed; 5. Request for finding of diligence: Applicant requests that the Court make a finding of diligence and continue the conditional water rights for the Sunshine Spring Nos. 2-4 in full force and effect. (4 pages). DELTA COUNTY. CASE NO. 06CW159. Applicant: Sperry Land Co LLC, c/o Joe Sperry, F Road, Delta, CO Application for Approval of Plan for Augmentation: Sperry Pond No 1 SW 1/4 SW 1/4 SW 1/4 of Section 1, T11S, R90W, 6th PM, 571 feet from south and 409 feet from the west section lines, amount claimed 1.60 acre feet conditional; Sperry Pond No 2 SW 1/4 NE 1/4 SE 1/4 of Section 11, T11S, R90W, 6th PM, 1736 feet from the south and 981 feet from the east section lines, amount claimed 1.35 acre feet conditional; Sperry Pond No 3 SE 1/4 NW 1/4 SE 1/4 of Section 11, T11S, R90W, 6th PM, 1625 feet from the south and 1451 feet from the east section lines, amount claimed 1.40 acre feet conditional. Source: Spring Creek of Muddy Creek of the North Fork of the Gunnison. Appropriation Date: 3/5/2005. Use: Augmentation, fire, fish and recreation. Statement of Augmentation Plan: Applicant intends to augment stock water use for Sperry Spring No. 4 and No. 5, the Homestead Ditch and the Black Sage Ditch, when these water rights are out of priority. Consumptive uses have been calculated for the entire call period. Transitive losses for water running in the Homestead and Black Sage Ditches as well as evaporation form Sperry Ponds No. 1, No. 2 and No. 3 have also been calculated. Total calculation of consumptive, transitive and evaporative use is acre feet. Consumptive use release will be from Sperry Ponds No. 1, No. 2 and No. 3. GUNNISON COUNTY. 3

4 CASE NO. 06CW160. Applicant: Dale Sauer, Miguel Road, Montrose, CO Application for Surface Water Rights: Sauer Spring No. 3 NE 1/4 SE 1/4 of Section 1, T46N, R6W, NMPM, 1756 feet from the south and 1300 feet from the east section lines. Source: Little Cimarron. Appropriation Date: Amount Claimed:.009 cfs absolute for domestic and irrigation of small garden and grass. GUNNISON COUNTY. CASE NO. 06CW161. Applicant: John Stroh, J Road, Hotchkiss, CO Application to Make Absolute: Crystal Springs Ranch Ditch SE 1/4 NE 1/4 of Section 2, T155S, R93W, 6th PM, 1320 feet from the north and 450 feet from the east section lines. Source: springs and seeps which feed the North Fork of the Gunnison River. Appropriation Date: 7/1/83. Amount Claimed: 2.0 cfs absolute and cfs conditional for fish culture. DELTA COUNTY. CASE NO. 06CW162. Applicant: Lance Loken, 775 Sierra Vista Way, Gunnison, CO Application for Underground Water Right: Loken Well NW 1/4 NW 1/4 of Section 13, T50N, R1W, NMPM, 370 feet from the north and 1214 feet from the west section lines. Source: Alluvium of Ohio Creek. Appropriation Date: 6/9/2005. Amount Claimed: cfs (5 gallons/minute) for household use and stock water. Application for Water Storage Right: Lokens Augmentation Pond NW 1/4 NW 1/4 of Section 13, T50N, R1W, NMPM, 370 feet from the north and 1214 feet from the west section lines. Appropriation Date: 6/9/2005. Amount Claimed: 1.06 acre feet conditional for augmentation, irrigation, piscatorial and fire protection. Plan of Augmentation for Loken Well Loken Pond will be used to replace out of priority depletions to senior downstream users between Loken Well and Blue Mesa Reservoir. Applicant will purchase one acre foot of augmentation water from the Upper Gunnison Water Conservancy District to augment the depletions to calling structures downstream of Blue Mesa Reservoir. Total depletions will be acre feet or 38,261 gallons. Loken Pond will store acre feet or 88,436 gallons of water after evaporation losses that can be released to the stream for augmenting depletions caused by Loken Well. Application for Change of Water Right: Hyzer Vidal Miller SW 1/4 NE 1/4 NW 1/4 of Section 12, T50N, R1W, NMPM, 358 feet from the north and 1493 feet from the west section lines. Source: Ohio Creek. Appropriation Date: 5/15/1882. Amount Claimed: 0.17 cfs. Historic Use: Irrigation. Proposed Change: Applicant requests that their 0.17 cfs of water be changed from irrigation to augmentation to be used to fill Loken Pond once each year. GUNNISON COUNTY. CASE NO. 06CW163. Applicant: Daniel and Patricia Creson, 693 County Road 251, Valley View, TX Application for Surface Water Rights: Spring 23, Blue Mesa Spring SE 1/4 NW 1/4 of Section 19, T47N, R3W, NMPM, 2080 feet from the north and 1512 feet from the west section lines. Source: Blue Mesa Spring. Appropriation Date: 9/12/05. Amount Claimed: cfs absolute for recreation only at this time, stockwater and domestic. GUNNISON COUNTY. CASE NO. 06CW164. DELTA COUNTY - Gunnison River; United Companies, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; 1. Name, Address, Telephone Number of Applicant: United Companies, 2273 River Road, P.O. Box 3609, Grand Junction, CO 81502, (970) ; 2. Name of Well: Tri-County Gravel Pit Well; Description of conditional water right: A. Date of original decree: July, 18, 2000, in Case No. 99 CW 216; B. Location of Well: The Tri-County Pit Well is located in the N1/2 of the NE1/4 of Section 29 and the SE1/4 of Section 20, Township 14 South, Range 92 West, 6 th P.M.; C. Source: Alluvium tributary to the North Fork of the Gunnison River; D. Amount and appropriation date: acre feet, conditional on October 3, 1999; E. Use: Commercial and industrial uses associated with a gravel mining operation; F. Maximum Depth: The Gravel Pit is approximately 30 to 40 feet deep and will expose approximately 33.4 acres of water to the surface; G. Detailed outline of what has been done toward completion: Applicant has mined 375,000 cubic yards of gravel from the Tri-County Pit and has expended approximately $575, in the planning and construction of the Pit; H. Request for finding of diligence:, 4

5 Applicant requests that the court make a finding of diligence and continue the conditional water right for the Tri-County Gravel Pit in full force and effect. (3 pages) DELTA COUNTY. CASE NO. 06CW165. DELTA COUNTY - Gunnison River; Colorado Creative Education, Inc., c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506; APPLICATION FOR GROUNDWATER RIGHT AND REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION; 1. Name, Mailing Address and Telephone Number of Applicants: Colorado Creative Education, Inc., c/o David Torkelson, P.O. Box 837, Hotchkiss, CO 81419, (970) ; 2. Name of well: CCE Well No. 1; 3. Legal description: NW/4 NE/4 NW/4 of Section 6, Township 14 South, Range 91 West, 6 th P.M., at a point which is180 feet from the North section line and 1801 feet from the West section line; 4. A. Source: groundwater tributary to the North Fork of the Gunnison River; B. Depth: 20 feet; 5. A. Date of appropriation: April 8, 1996; B. How appropriation was initiated: By developing intent to appropriate, by development of plan to place water to beneficial use; 6. Amount claimed: 15 gallons per minute, conditional, not to exceed 24.2 acre-feet annually; 7. Proposed use: A. If irrigation: n/a; B. If non-irrigation: Water from the CCE Well No.1 will be used for in-house domestic purposes in no more than 40 single family homes on land located within a 1.25 mile radius of the Well; 9. Name of structures to be augmented: CCE Well No. 1; 10. Previous decree for water rights to be used for augmentation: A. East Beckwith Reservoir No. 1: i. Date of original decree: May 28, 1937, Case No. 2563, Delta County Dist. Court; ii. Legal description of place of storage right: Located in Section 3, Township 14 South, Range 88 West, 6 th P.M., at a point whence the Southeast Corner of Section 34, Township 13 South, Range 88 West, 6 th P.M., bears N ' E feet distant; iii. Source: Anthracite Creek, tributary to the North Fork of the Gunnison River; iv. Appropriation date: September 1, 1934; v. Amount: acre-feet, absolute and acre-feet, conditional. The acre-feet decreed conditionally and acrefeet of the acre-feet decreed absolute were abandoned in Case Nos. 89CW121 and 92CW57, respectively. On May 24, 2006, an additional 39.0 acre-feet was decreed conditionally for augmentation, industrial, and commercial uses in Case No. 05CW187; vi. Decreed use: Irrigation; B. Blue Mesa Reservoir: Additional augmentation needs will be met by water released from Blue Mesa Reservoir under a water service contract to be obtained by the Applicant. Blue Mesa Reservoir (Wayne N. Aspinall unit of the Colorado River Storage Project) was decreed 939,204 acre-feet in C.A. Nos and 6981, Gunnison County District Court, with a November 11, 1957 appropriation date. An additional 124,253 acre-feet, with the same appropriation date, was transferred to the reservoir in C.A. No , making the total amount decreed to Blue Mesa Reservoir 1,063,457 acre-feet; 11. Statement of plan for augmentation: Water from the CCE Well will be used to fill a cistern which will, in turn, supply up to 40 taps for lots located within a 1.25 mile radius of the Well. The CCE Well is located adjacent to the North Fork of the Gunnison River and impacts from the Well will impact the River instantaneously. Depletions will not exceed 2.42 acre-feet, annually. Under this Plan for Augmentation, out-of-priority irrigation season depletions will be covered by releases from the East Beckwith Reservoir, through a contract with the North Fork Water Conservancy District. Water to be released under that contract will be stored under the decree in Case No. 05CW187. Out-of-priority depletions during the irrigation season (May 1 - October 31) will not exceed 1.21 acrefeet, annually. Transit losses from the East Beckwith Reservoir to the point of depletion will equal 10% of releases. Applicant will obtain a water supply contract for 1.4 acre-feet from the North Fork Water Conservancy District and will provide a copy of that contract to the Division Engineer before the augmentation plan requested in this case becomes operational. Out-of-priority depletions during the non-irrigation season (November 1 - April 30) will not exceed 1.21 acre-feet, annually. Transit losses for water delivered from Blue Mesa Reservoir are estimated to equal acre-feet for the same period. Applicant will obtain a water supply contract for releases in the amount of 1.3 acre-feet from Blue Mesa Reservoir and will provide a copy of that contract to the Division Engineer before the augmentation plan requested in this case becomes operational. (5 pages) DELTA COUNTY. CASE NO. 06CW166. COLORADO WATER CONSERVATION BOARD, IN COTTONWOOD CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE LOWER GUNNISON, IN 5

6 MONTROSE AND DELTA COUNTIES, COLORADO. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5 th Floor, Denver, CO 80203, Name of natural stream: Cottonwood Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headgate of Hawkins Ditch at latitude N and longitude W as the upstream terminus and extending to Roubideau Creek at latitude N and longitude W as the downstream terminus, being a distance of approximately miles. This segment can be located on the Roubideau, Camel Back and Cottonwood Basin U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = UTM North UTM East , SW¼ NE¼ S18 T49N R13W PM, 2360 feet, West of East Section Line, 2327 feet, South of North Section Line, Lower Terminus = UTM North: N UTM East: E, NW¼ SW¼ S34 T50N R13W PM, 1268 feet, East of West Section Line, 1638 feet, North of South Section Line. 4. a. Date of initiation of appropriation: January 25, b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR Amount of water claimed (ABSOLUTE): Instream flow of 3.6 cfs (Apr. 1 June 15). 6. Remarks: This appropriation is made pursuant to the provisions of (3) and (4) and (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. MONTROSE AND DELTA COUNTIES. CASE NO. 06CW167. COLORADO WATER CONSERVATION BOARD, IN EAST FORK SPRING CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE UNCOMPAHGRE, IN OURAY, COLORADO. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5 th Floor, Denver, CO 80203, Name of natural stream: East Fork Spring Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters of the East Fork Spring Creek at latitude N and longitude W as the upstream terminus and extending to Spring Creek at latitude N and longitude W as the downstream terminus, being a distance of approximately 8.75 miles. This segment can be located on the Hotchkiss Reservoir, Horsefly Peak, Government Springs and Pryor Creek U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = SE¼ SW¼ Sctn13, T46N, R11W, NMPM, UTM North: UTM East: , 2500 feet, West of the East Section Line, 549 feet, North of the South Section Line, Lower Terminus = SW¼ NW¼ Sctn17, T47N, R10W, NMPM, UTM North: UTM East: , 925 feet, East of the West Section Line, 1954 feet, South of the North Section Line, 4. a Date of initiation of appropriation: January 25, b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR Amount of water claimed (ABSOLUTE): Instream flow of 1.8 cfs (Apr. 1 Oct 31) and 1.6 cfs (Nov. 1 - Mar. 31). 6. Remarks: This appropriation is made pursuant to the provisions of (3) and (4) and (3), 6

7 (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. OURAY COUNTY. CASE NO. 06CW168. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. COLORADO WATER CONSERVATION BOARD, IN MESA CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE LOWER DOLORES, IN MONTROSE COUNTY, COLORADO. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5 th Floor, Denver, CO 80203, Name of natural stream: Mesa Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the North and South Fork at latitude N and longitude W as the upstream terminus and extending to the Dolores River at latitude N and longitude W as the downstream terminus, being a distance of approximately 1.97 miles. This segment can be located on the Red Canyon U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = SE¼ NE¼ Sctn2, T48N, R18W, UTM North: UTM East: , 625 feet, West of the East Section Line, 2500 feet, South of the North Section Line, Lower Terminus = SW¼ SE¼ Sctn3, T48N, R18W, UTM North: UTM East: , 1813 feet, West of the East Section Line, 182 feet, North of the South Section Line. 4. a. Date of initiation of appropriation: January 25, b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR Amount of water claimed (ABSOLUTE): Instream flow of 3.7 cfs (Apr. 1 May 31). 6. Remarks: This appropriation is made pursuant to the provisions of (3) and (4) and (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. MONTROSE COUNTY. CASE NO. 06CW169. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. COLORADO WATER CONSERVATION BOARD, IN MIDDLE FORK SPRING CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE UNCOMPAHGRE, IN OURAY, COLORADO. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado (303) c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5 th Floor, Denver, CO 80203, Name of natural stream: Middle Fork Spring Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters of the Middle Fork Spring Creek at latitude N and longitude W as the upstream terminus and extending to Spring Creek at latitude N and longitude W as the downstream terminus, being a distance of approximately 6.04 miles. This segment can be located on the Pryor Creek U.S.G.S. quadrangle. b. For administrative purposes only: Upper Terminus = NE¼ SE¼ Sctn33, T47N, R11W, NMPM, UTM North: UTM East: , 190 feet, West of the East Section Line, 2471 feet, North of the South Section Line, Lower Terminus = UTM North: UTM East: , NE¼ SE¼ Sctn18, T47N, R10W, NMPM, 13 feet, West of the 7

8 East Section Line, 2471 feet, North of the South Section Line. 4. a.date of initiation of appropriation: January 25, b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR Amount of water claimed (ABSOLUTE): Instream flow of 3.5 cfs (Apr. 1 Oct 31) and 1.5 cfs (Nov. 1 - Mar. 31). 6. Remarks: This appropriation is made pursuant to the provisions of (3) and (4) and (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. OURAY COUNTY. CASE NO. 06CW170. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. COLORADO WATER CONSERVATION BOARD, IN NORTH FORK MESA CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE LOWER DOLORES, IN MONTROSE COUNTY, COLORADO. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5 th Floor, Denver, CO 80203, Name of natural stream: North Fork Mesa Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from Cedar Tree Ditch at latitude N and longitude W as the upstream terminus and extending to the South Fork Mesa Creek at latitude N and longitude W as the downstream terminus, being a distance of approximately 3.90 miles. This segment can be located on the Red Canyon U.S.G.S. quadrangle. b. For administrative purposes only: Upper Terminus = NE¼ SE¼ Sctn19, T49N, R17W, UTM North: UTM East: , 53 feet West of the East Section Line, 2230 feet North of the South Section Line, Lower Terminus = SE¼ NE¼ Sctn2, T48N, R18W, UTM North: UTM East: , 625 feet West of the East Section Line, 2500 feet South of the North Section Line. 4. a. Date of initiation of appropriation: January 25, b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR Amount of water claimed (ABSOLUTE): Instream flow of 2.1 cfs (Apr. 1 May 31). 6. Remarks: This appropriation is made pursuant to the provisions of (3) and (4) and (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. MONTROSE COUNTY CASE NO. 06CW171. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. COLORADO WATER CONSERVATION BOARD, COLORADO WATER CONSERVATION BOARD, IN SOUTH FORK MESA CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE LOWER DOLORES, IN MONTROSE COUNTY, COLORADO. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5 th Floor, Denver, CO 80203, Name of natural stream: South Fork Mesa Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream 8

9 channel from East Mesa Creek at latitude N and longitude W as the upstream terminus and extending to North Fork Mesa Creek at latitude N and longitude W as the downstream terminus, being a distance of approximately 1.66 miles. This segment can be located on the Red Canyon U.S.G.S. quadrangle. b. For administrative purposes only: Upper Terminus = UTM North: UTM East: , SE¼ NW¼ Sctn6, T48N, R17W, 1482 feet West of the East Section Line, 4000 feet South of the North Section Line, Lower Terminus = UTM North: UTM East: , SE¼ NE¼ Sctn2, T48N, R18W, 625 feet West of the East Section Line, 2500 feet South of the North Section Line. 4. a. Date of initiation of appropriation: January 25, b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR Amount of water claimed (ABSOLUTE): Instream flow of 1.4 cfs (Apr. 1 May 31). 6. Remarks: This appropriation is made pursuant to the provisions of (3) and (4) and (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. MONTROSE COUNTY. CASE NO. 06CW172. DELTA COUNTY - North Fork of the Gunnison River; Rick Deane, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, Colorado, 81506; APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE; 1. Name, address and telephone number of applicant: Rick Deane, 3129 Maroon Creek Road, Aspen, CO 81611, (970) ; 2. Name of structures: Granite Spring; 3. Description of conditional water right: A. Date of original decree: August 11, 2000, Case No.: 99CW144; B. Legal description: NE1/4SE1/4NE1/4 of Section 27, T14S, R92W of the 6 th P.M. at a point 450 feet west of the east section line and 1450 feet south of the north section line; C. Source: Spring tributary to Cottonwood Creek tributary to the North Fork of the Gunnison River; D. Amount and appropriation date: 4 g.p.m.,.01 c.f.s., conditional for domestic purposes. (Decreed absolute for irrigation and stock watering, in Case No. 99 CW 144); E. Use: Domestic (already absolute for irrigation and stock watering); 4. Detailed outline of what has been done toward completion: The Granite Spring has been developed was placed to beneficial use for domestic purposes on August 20, 2006; 5. If claim to make absolute: A. Date applied to beneficial use: August 20, 2006; 6. Request to make absolute: Applicant requests that the conditional water right for Granite Spring for domestic use be made absolute for 4 g.p.m. (.01 c.f.s.); 7. Request for finding of diligence: In the event that the Court denies Applicant s request to make the water right in the Granite Springs absolute, Applicant requests that the Court make a finding of diligence and continue the Granite Spring water in full force and effect; 9. Name of Structures: Waterfowl Lake Enlargement; 10. Description of conditional water right: A. Date of original decree: August 11, 2000, Case No.: 99CW144; B. Legal description: SW1/4NW1/4SE1/4 of Section 27, T14S, R92W of the 6 th P.M. at a point 2100 feet west of the east section line and 1600 feet north of the south section line; C. Source: Waterfowl Lake Spring and other springs, seeps, and natural run-off above the lake, tributary to Cottonwood Creek, tributary to the North Fork of the Gunnison River; D. Appropriation dates: 10 acre feet were decreed absolute for this structure in Case No. 99 CW 144, with 10 acre feet remaining conditional. By this Application, Applicant seeks to make that remaining conditional 10 acre feet absolute; Appropriation amount: The 10 acre feet decreed conditionally in Case No. 99 CW 144 was placed to beneficial use on June 15, 2004; E. Use: Wildlife, piscatorial, stock watering, recreation and irrigation; 11. Detailed outline of what has been done toward completion: The capacity of the Waterfowl Lake Enlargement has been increased to a total of 20 acre feet; 12. If claim to make absolute: A. Date applied to beneficial use: June 4, 2004; 13. Request to make 9

10 absolute: Applicant requests that the conditional water right for Waterfowl Lake Enlargement be made absolute for 10 acre-feet, for a total of 20 acre-feet; 14. Request for finding of diligence: In the event that the Court denies Applicant s request to make the water right in the Waterfowl Lake Enlargement absolute, Applicant requests that the Court make a finding of diligence and continue the Waterfowl Lake Enlargement water in full force and effect; 16. Name of Reservoir: Waterfowl Lake No. 2; 17. Description of conditional water right: A. Date of original decree: August 11, 2000, Case No.: 99CW144; B. Legal description: SW1/4NW1/4SE1/4 of Section 27, T14S, R92W of the 6 th P.M. at a point 2500 feet west of the east section line and 1400 feet north of the south section line; C. Source: Wastewater from Waterfowl Lake, and from seeps, springs and natural run-off occurring above the Waterfowl Lake No. 2, tributary to Cottonwood Creek, tributary to the North Fork of the Gunnison River; D. Amount and appropriation date: The Waterfowl Lake No. 2 was decreed conditionally for 5 acre feet in Case No. 99 CW 144; E. Use: Wildlife, piscatorial, stock watering, and recreation, all through the refilling of Waterfowl Lake; 18. Detailed outline of what has been done toward completion: Waterfowl Lake No. 2 was constructed and placed to beneficial use on August 20, 2006; 19. If claim to make absolute: A. Date applied to beneficial use: August 20, 2006; 20. Request to make absolute: Applicant requests that the conditional water right for Waterfowl Lake No. 2 be made absolute for five acre-feet; 21. Request for finding of diligence: In the event that the Court denies Applicant s request to make the water right in the Waterfowl Lake No. 2 absolute, Applicant requests that the Court make a finding of diligence and continue the Waterfowl Lake No. 2 water in full force and effect; 23. Name of Reservoir: Bullfrog Pond; 24. Description of conditional water right: A. Date of original decree: August 11, 2000, Case No.: 99CW144; B. Legal description: NE1/4NE1/4NW1/4 of Section 27, T14S, R92W of the 6 th P.M. at a point 2200 feet east of the west section line and 200 feet south of the north section line; C. Source: Wastewater from the Stewart Ditch and springs and seeps, tributary to the North Fork of the Gunnison River; D. Appropriation date: May 1, 1999, for 1.00 acre-feet, conditional; ( 0.75 acre-feet was decreed absolute in Case No. 99 CW 144); Amount appropriated: 1.00 acre-foot, for a total of 1.75 acre-feet; E. Use: Stock watering, wildlife, irrigation, piscatorial and recreational purposes; 25. Detailed outline of what has been done toward completion: The Bullfrog Pond was expanded by an additional 1.00 acre-foot (1.75 acre-feet total capacity) and placed to beneficial use on August 28, 2006; 26. If claim to make absolute: A. Date applied to beneficial use: August 20, 2006; 27. Request to make absolute: Applicant requests that the conditional water right for the Bullfrog Pond be made absolute for 1.00 acre-foot, for a total of 1.75 acre-feet. The dam is now 130 feet wide and has a maximum height of 5 feet; 28. Request for finding of diligence: In the event that the Court denies Applicant s request to make the storage right in the Bullfrog Pond absolute, Applicant requests that the Court make a finding of diligence and continue the Bullfrog Pond water in full force and effect. (6 pages) DELTA COUNTY. CASE NO. 06CW173. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. COLORADO WATER CONSERVATION BOARD IN WEST FORK SPRING CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE UNCOMPAHGRE, IN OURAY, COLORADO 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5 th Floor, Denver, CO 80203, Name of natural stream: West Fork Spring Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters of the West Fork Spring Creek at latitude N and longitude W as the upstream terminus and extending to Spring Creek at latitude N and longitude W as the downstream terminus, being a distance of approximately 5.39 miles. This segment can be located on the Pryor Creek U.S.G.S. quadrangle. b. For administrative purposes only: Upper Terminus = UTM North: UTM East: , NE ¼ NE ¼ Sctn33, T47N, R11W NMPM, 502 feet West of the East Section Line, 1044 feet South of the North Section Line, Lower Terminus = UTM North: UTM East: , NE¼ SE¼ Sctn18, T47N, R10W, NMPM, 2526 feet East of the West Section 10

11 Line, 278 feet North of the South Section Line. 4. a. Date of initiation of appropriation: January 25, b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR Amount of water claimed (ABSOLUTE): Instream flow of 1.4 cfs (Apr. 1 Oct 31) and 0.8 cfs (Nov. 1 - Mar. 31). 6. Remarks: This appropriation is made pursuant to the provisions of (3) and (4) and (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. OURAY COUNTY. CASE NO. 06CW174. Gunnison County, Little Cimarron River, Water District 62 Applicant: R & G Butte Rock Ranch, LLC, c/o Mathis & Associates, P.C., Box 1487, Montrose, CO 81402, Attorney: Mathis & Associates, P.C., P.O. Box 1487, Montrose, CO 81401, (970) Type of application: Combined Application for conditional Surface Water Rights and conditional Storage Water Rights I. Surface Water Rights Name of structure: R & G Ditch Nos. 1, 2, and 3. Location: the decreed point of diversion of the R & G Ditch Nos. 1, 2 and 3 are: The point of diversion for R & G Ditch No.1 is located within the NE 1/4 SE 1/4 SE 1/4 of Section 36, Township 48 North, Range 6 West, NMPM, at a point approximately 675 feet north of the south section line, and 5 feet west of the east section line. Please see map filed as with the Water Court in the above action The point of diversion for R & G Ditch No. 2 is at the outlet of R & G Pond No. 1, located at a point within the SE 1/4 SE 1/4 of Section 36, 600 feet north of the south section line and 590 feet west of the east section line, T 48 N, R 6 W, NMPM The point of diversion for R & G Ditch No. 3 is on the natural drainage channel in which R & G Pond Nos. 1, 2 and 4 are located, approximately 3900 feet west of the point of diversion of R & G Ditch No. 1, at the point within the SE 1/4 SW 1/4, Section 36 which is 995 feet north of the south section line and 1460 feet east of the west section line. Drainage basin: Little Cimarron River, a tributary of the Big Cimarron River, tributary to the Gunnison River Quantity: Applicant seeks approval for the diversion of a maximum peak flow of 15 c.f.s. of tail water, waste water and natural runoff, all of which originates on land lying upgrade and to the east of the point of diversion of R & G Ditch No. 1. Appropriation date of July 1, Type of use: Irrigation, storage for irrigation, piscatorial, recreational, wetlands and wildlife and stock water. Type of structures: Open ditches constructed to accommodate a carrying capacity of 15 c.f.s. II. Storage Water Rights Name of structures: R & G Pond Nos. 1, 2 3 and 4. Location: The center of the dam for R & G Pond No. 1 will be located within the SE 1/4 SE 1/4 SE 1/4 of Section 36, approximately 650 feet north of the south section line and 630 feet west of the east section line, T 48 N, R 6 W, NMPM. The center of the dam for R & G Pond No. 2 will be located within the SE 1/4 SE 1/4 SE 1/4 of Section 36, approximately 655 feet north of the south section line and 890 feet west of the east section line, T 48 N, R 6 W, NMPM. 11

12 The R & G Pond #3 is located on a natural saddle, and will therefore have two dams, a north dam and a south dam. The center of the north dam/dam A will be located within the SW 1/4 SE 1/4 of Section 36, approximately 215 feet north of the south section line and 2030 feet west of the east section line, T 48 N, R 6 W, NMPM. The center of the south dam/dam B will be located within the NW 1/4 NE 1/4 of Section 1, approximately 50 feet south of the north section line and 1930 feet west of the east section line, T 47 N, R 6 W, NMPM. The center of the dam for R & G Pond No. 4 will be located within the SW 1/4 SE 1/4 of Section 36, approximately 800 feet north of the south section line and 2500 feet west of the east section line, T 48 N, R 6 W, NMPM. Drainage basin: Little Cimarron River, a tributary of the Big Cimarron River, tributary to the Gunnison River Quantity: R & G Pond Nos. 1, 2 3 and 4 will have the following maximum capacities of 15 acre feet, 15 acre feet, 15 acre feet and 8 acre feet, respectively. Appropriation date of July 1, Type of use: Irrigation, storage for irrigation, piscatorial, recreational, wetlands and wildlife and stock water uses. Type of structures: Small ponds with outlet structure in dam, and with a dam height of not to exceed 10 feet. Additional information: See application for further details and for map of the structures proposed by the Applicant. GUNNISON COUNTY. CASE NO. 06CW175. Applicant: James Lucarelli, PO Box 2281, Telluride, CO Application for Finding of Diligence: Lucky Pond is located in the NW 1/4 NE 1/4 of Section 30, T43N, R9W, NMPM, North 16º50 East 9780 feet from the northeast coring of Section 1, T42N, R10W, NMPM. Lucky Spring is located in the NW 1/4 NE 1/4, unsurveyed Section 30, T43N, R9W, NMPM, North 18º 15 East 9870 feet from the northeast corner of Section 1, T42N, R10W, NMPM. Source: Deep Creek, a tributary to San Miguel River. Appropriation and Use: Applicant was granted.08 cfs from Lucky Spring, absolute for stockwater and wildlife and conditional for filling the pond, and a conditional water right for the storage of 3.0 acre feet of water in the Lucky Pond for stockwater, fish culture, recreation, wildlife and fire protection. SAN MIGUEL COUNTY. CASE NO. 06CW176. Uncompahgre River, Ouray County, Colorado; Brent Berkey and Marilyn Berkey, c/o Nathan A. Keever, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506; APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE: 1. Name, address and telephone number of Applicants: Brent and Marilyn Berkey 1000 County Road 3 Ridgway, CO (970) A. Berkey Pond (pit-well)1.name of Structure: Berkey Pond (pit-well) 2.Original Decree: The Berkey Pond (pit-well) was decreed August 11, 2000 in Case No. 99 CW 205, Water Division No. 4, for 1.63 acre feet, conditional for stock watering and wildlife, with an appropriation date of March 1, Location: Berkey Pond (pit-well) is located 1500 feet east of the west section line and 18 feet north of the south section line in the SE1/4SW1/4 of Section 22, T45N, R8W of the N.M.P.M. 4.Source: Ground water tributary to the Uncompahgre River 5.Depth: The pond was excavated to a depth of 5 feet with an exposed surface area of 0.65 acres. 6. Outline of Actions Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Since the Decree was entered, Applicants have completed construction of the structure and placed the water to beneficial use for its decreed purposes: wildlife and stock watering.7.water applied to beneficial use: Date: September 1, 2000 Amount: 1.63 acre feet Use: wildlife and stock watering Place of use for irrigation: decreed location. A. Berkey Spring No Name of structure: Berkey Spring No. 1; 2. Original Decree: Berkey Spring No. 1 was decreed August 11, 2000 in Case No. 99 CW 205, Water Division No. 4, for 0.25 c.f.s. conditional, for stock watering, irrigation and fire suppression with an appropriation date of October 31, Location: Berkey Spring No. 1 is located 1500 feet east of the west section line and 18 feet north of the south section line in the SW1/4SE1/4SW1/4 of Section 22, T45N, R8W of the N.M.P.M. 4. Source: Spring 12