DIVISION 5 WATER COURT- JUNE 2018 RESUME

Transcription

1 DIVISION 5 WATER COURT- JUNE 2018 RESUME 1. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE CW3091 GRAND COUNTY-COLORADO RIVER OR ITS TRIBUTARIES. Name and address of applicant: Grandwood Investments, LLC, a Colorado limited liability company, 1999 S. Lake Road, Lakewood, Colorado, 80227, c/o Kent H. Whitmer of The Whitmer Law Firm, LLC, PO Box 38, Hot Sulphur Springs, CO 80451, APPLICATION FOR CHANGE OF WATER RIGHT. Name of Structure: Grandwood Investments Well No. 1. Original Decree: November 17, 2011; Case No. 09CW11; Court: Water Division No. 5. Decree Location: Grand County, Colorado. The well is located in the NW1/4 of the SE1/4, Section 35, Township 4 North, Range 76 West of the 6 th P.M. 1,800 feet from the South section line and 2,000 feet from East section line. Tract 3, Elaine Busse subdivision exemption, 194 County Road 4954, Grand Lake, CO Source: Ground water from unconsolidated sand and gravel and bedrock formations connected to Colorado River. Date of Appropriation: December 19, Amount: 6 gpm, annual depletions of 0.12 acre foot, annual diversion limited to 0.63 acre feet. Use: Domestic use and livestock watering. Owner of land upon which well is located: Mark Jolstad. Description of proposed change in location for Grandwood Investment Well No. 1: Applicant constructed Grandwood Investment Well No. 1 and applied for and received Well Permit Nos and F. The Division Engineer s Summary of Consultation in Case No. 17CW3208 noted that the actual location for Grandwood Investment Well No. 1 is more than 200 feet from the originally decreed location described above. The legal description of the actual location of the Grandwood Investment Well No. 1 to which the decreed location should be changed is: NW1/4 of the SE1/4, Section 35, Township 4 North, Range 76 West of the 6 th P.M. 2,052 feet from South section line and 2,418 feet from East section line. Tract 3, Elaine Busse subdivision exemption, 194 County Road 4954, Grand Lake, CO Grand County, Colorado. A map depicting the actual location of Grandwood Investment Well No. 1, and the original decreed location, is attached to the Application. No expansion of the decreed use is proposed or will occur. (26 pages) 2. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE The water right claimed by this 18CW3092 (2010CW110/2010CW120, 2001CW223, 92CW296), EAGLE COUNTY, EAGLE RIVER OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: RED CANYON CREEK. Red Canyon Estates Homeowners Association, Inc. (the Association ), c/o Jodi Teague, 54 Wildcat, Edwards, Colorado 81632, Telephone: (970) ; Dustin R. Womble, st, Lubbock, Texas 79407, Telephone: (806) ; c/o David L. Kueter, Esq., Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, Colorado 80112, Telephone: (303) , dkueter@curtislaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. 2. Names of structures: 2.a. Red Canyon Estates Pond No b. Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump. 3. Date of original decree: March 28, 1997, Case No. 92CW296, District Court, Water Division No. 5, State of Colorado. 4. Subsequent decree(s) awarding findings of diligence: 4.a. April 6, 2004, Case No. 2001CW223, District Court, Water Division No. 5, State of Colorado; and 4.b. June 4, 2012, Consolidated Cases Nos. 2010CW110 and 2010CW120, District Court, Water Division No. 5, State of Colorado. 5. Describe conditional water rights giving the following from the Judgment and Decree: 5.a. Red Canyon Estates Pond No a.(1) Location: Pursuant to the decree in Case No. 92CW296, the Red Canyon Estates Pond No. 11 is located on Lot 10, Red Canyon Estates Subdivision in the southwest quarter of the southeast quarter, Section 24, Township 4 South, Range 83 West of the 6 th P.M., Eagle County, Colorado, more specifically described as follows: the point of intersection of the centerline of the dam and the spillway is located whence the northeast corner of Section 25 bears South 53 degrees 00 minutes East 2,190 feet. The preferred method to describe said location is as follows, yet it does not change the decreed location: 1,470 feet from the South section line and 1,670 feet from the East section line of said Section 24. The location of Lot 10 is shown on the map attached hereto as Exhibit A. 5.a.(2) Pursuant to the decree in Case No. 2001CW223, the location of the portions of the Red Canyon Estates Pond No. 11 decreed to be absolute was changed to the following locations: 5.a.(2)(i) Red Canyon Estates Pond No. 11A, located in the northwest quarter of the southeast quarter of Section 24, Township 4 South, Range 83 West of the 6 th P.M., at a point whence the southeast corner of said Section 24 bears South 40 degrees 53 minutes 44 seconds East a distance of 2,460 feet, 1,823 feet from the South section line and 1,648 feet from the East section line. 5.a.(2)(ii) Red Canyon Estates Pond No. 11B, located in the northwest quarter of the southeast quarter of Section 24, Township 4 South, Range 83 West of the 6 th P.M., at a point whence the southeast corner

2 PAGE 2 of said Section 24 bears South 47 degrees 54 minutes 57 seconds East a distance of 2,352 feet, 1,538 feet from the South section line and 1,784 feet from the East section line. 5.a.(2)(iii) Red Canyon Estates Pond No. 11C, located in the northwest quarter of the southeast quarter of Section 24, Township 4 South, Range 83 West of the 6 th P.M., at a point whence the southeast corner of said Section 24 bears South 48 degrees 36 minutes 26 seconds East a distance of 2,358 feet, 1,521 feet from the South section line and 1,806 feet from the East section line. The location of the portion of the Red Canyon Estates Pond No. 11 water right continued as conditional was not changed by the decree in Case No. 2001CW a.(3) Source: Red Canyon Creek, seeps, springs and precipitation runoff tributary to Red Canyon Creek, tributary to the Eagle River, tributary to the Colorado River. 5.a.(4) Appropriation Date: June 1, a.(5) Decreed Amount: Red Canyon Estates Pond No. 11 was originally decreed for 2.0 acre feet, conditional, for the beneficial uses set forth in paragraph 5.a.(6), below. In Case No. 2001CW223, acre feet was decreed absolute for stock watering, piscatorial, aesthetic, fire suppression, dust suppression, wildlife, irrigation of 5,000 square feet of lawn and gardens, and recreation as follows: Red Canyon Estates Pond 11A: a.f. absolute; Red Canyon Estates Pond 11B: a.f. absolute; Red Canyon Estates Pond 11C: a.f. absolute; Total: a.f. absolute. Pursuant to the decrees in Case No. 2001CW223 and Consolidated Cases Nos. 2010CW110 and 2010CW120, acre feet was continued as conditional for stock watering, piscatorial, aesthetic, fire suppression, dust suppression, wildlife, irrigation of 5,000 square feet of lawn and gardens, and recreation uses, and 2.0 acre feet was continued as conditional for domestic, augmentation, and irrigation of the remaining portion of 56 acres. The remaining conditional amount is the subject of this diligence application. 5.a.(6) Decreed Uses: Red Canyon Estates Pond No. 11 was decreed the right to fill and maintain full continually when in priority for application to the following uses: domestic, stock watering, piscatorial, aesthetic, fire suppression, dust suppression, wildlife, augmentation, recreation and the irrigation of 56 acres. The area to be irrigated by the Red Canyon Estates Pond No. 11 is located within the Red Canyon Estates as shown on Exhibit A. Pursuant to the decree in Case No. 92CW296, Applicant Dustin Womble, as the owner of Lot 10, has the exclusive right to the use of Red Canyon Estates Pond No. 10 for recreation purposes. All of the remaining uses and amounts for the Red Canyon Estates Pond No. 11 were decreed to the Association. 5.b. Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump. 5.b.(1) Location: Pursuant to the decree in Case No. 92CW296, the Red Canyon Estates Lot 10 Pond 11 Irrigation Pump diverts from the Red Canyon Estates Pond No. 11, as described in paragraph 5.a.(1), above. Pursuant to the decree in Case No. 2001CW223, the location of the Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump was changed to the location of the Red Canton Estates Pond No. 11A, described in paragraph 5.a.(2)(i), above. 5.b.(2) Source: Seeps, springs and precipitation runoff tributary to Red Canyon Creek, and Red Canyon Creek, tributary to the Eagle River, tributary to the Colorado River. 5.b.(3) Appropriation Date: June 1, b.(4) Decreed Amount: The Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump was originally decreed in the amount of 0.15 c.f.s. for the beneficial uses set forth in paragraph 5.b.(5), below. Pursuant to the decree in Case No. 2001CW223, the Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump was decreed absolute in the amount of 0.15 c.f.s. for the following uses: stock watering, fish propagation, recreation, wildlife, fire suppression, dust suppression, aesthetics, irrigation of 5,000 square feet of lawn and gardens and storage uses. The Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump water right was continued as conditional in the amount of 0.15 c.f.s. for the following uses: domestic, hydropower and the irrigation of the remaining portion of 56 acres. This conditional amount is the subject of this application. Pursuant to the decree in Case No. 92CW296, Applicant Dustin Womble, as the owner of Lot 10, is the sole applicant for the Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump for irrigation of 5.1 acres on Lot 10. All of the remaining uses and amounts for the Red Canyon Estates Lot 10 Pond 11 Irrigation Pump were decreed to the Association. 5.b.(5) Decreed Uses: Domestic, stock watering, piscatorial, fish propagation, recreation, wildlife, hydropower, fire suppression, dust suppression, aesthetics, irrigation of approximately 56.0 acres and storage. The area to be irrigated by the Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump is located within the Red Canyon Estates as shown on Exhibit A. 6. 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: 6.a. During the diligence period, Applicant Dustin Womble spent in excess of $21, in the construction and maintenance of Red Canyon Estates Pond No b. The conditional water rights which are the subject of this application are part of Applicants augmentation plan decreed in Case No. 92CW296. During the subject diligence period, Applicant Red Canyon Estates Homeowners Association has paid in excess of $9, to the United States Bureau of Reclamation, under Green Mountain Reservoir Contract No W1057, for augmentation releases in accordance with the decree in Case No. 92CW c. During the diligence period, Applicants have spent in excess of $5,000 in legal fees and costs since June 2012 in connection with Applicants water rights, including the rights which are the subject of this application. 7. Claim to make conditional water rights absolute: During the diligence period acre feet was stored in Red Canyon Pond No. 11, and acre feet was stored in Red Canyon Ponds Nos. 11A, 11B, and 11C. Therefore, the entire 2.0 acre feet conditionally decreed to Red Canyon Pond No. 11 has been made absolute for all uses. Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump remains conditional in the amount of 0.15 c.f.s. for the following uses: domestic, hydropower, and the irrigation of the remaining portion of 56 acres. 8. Name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Applicant Dustin R. Womble and Leisha A. Womble.

3 PAGE 3 WHEREFOR, Applicant requests the Court enter a decree finding and determining that Red Canyon Pond No. 11 has been made absolute in the amount of 2.0 acre feet for all uses, and that Applicant has exercised reasonable diligence in the development of the 0.15 c.f.s. conditionally decreed to Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump for domestic, hydropower, and irrigation of the remaining portion of 56 acres, and continuing said conditional water right in full force and effect for an additional 6-year diligence period. (8 pages, including 1 page of exhibits.) 3. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE The water right claimed by this 18CW3093 GRAND COUNTY. BLUE RIVER ALLUVIUM, TRIB. TO THE BLUE RIVER, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Blue Valley Metropolitan District, c/o Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602; Structure: Blue Valley Metropolitan District Pump and Pipeline. Orig. Decree: Case No. 96CW286, 3/11/1998, District Court, Water Division No. 5, Subsequent Decrees Awarding Diligence: Case Nos. 11CW37 and 04CW42, District Court, Water Division 5. Legal Description: A well/infiltration gallery located in the NW¼ SW¼, Sec. 34, T. 1 S., R. 80 W., 6th P.M. at a point 1,000 ft. from the W. line and 2,350 ft. from the S. line of said Sec. 34. This location is described in Well Permit No F as being located in the NW¼ SW¼, Sec. 34, T. 1 S., R. 80 W., 6th P.M. at a point 831 ft. from the W. line and 2,363 ft. from the S. line of said Sec. 34. Source: Blue River Alluvium, trib. to the Blue River, trib. to the Colorado River. Approp. Date: 8/1/1996. Amt.: 250 g.p.m., of which 167 g.p.m. is decreed absolute and 83 g.p.m. remains cond. Use: Dom. water service for up to 150 residences, fire protection, mun., irr. of approx. 60 acres of lawn and landscape within the District s boundaries and within the W½ of Sec. 27, and W½ of Sec. 34, T. 1 S., R. 80 W., 6th P.M. Depth: approx. 20 ft. Remarks: The Blue Valley Pump and Pipeline is operated pursuant to Well Permit No F and in accordance with the aug. plan approved in Case No. 96CW286 and as amended in Case No. 98CW27. Structure: Blue Valley Metropolitan District 1998 Well Nos. 1 and 2. Orig. Decree: Case No. 98CW027, 8/10/1998, District Court, Water Division No. 5. Subsequent Decrees Awarding Diligence: Case Nos. 11CW37 and 04CW130, District Court, Water Division 5. Legal Description: Well No. 1: A well located in the NW¼ SW ¼, Sec. 34, T. 1 S., R. 80 W., 6th PM, a distance of 777 ft. from the W. line and 2,454 ft. from the S. line of said Sec. 34. Well No. 2: A well located in the NW¼ SW¼, Sec. 34, T. 1 S., R. 80 W., 6th PM, a distance of 740 ft. from the W. line and 2,546 ft. from the S. line of said Sec. 34. Source: Blue River Alluvium, trib. to the Blue River, trib. to the Colorado River. Approp. Date: 11/14/1997. Amt.: 250 g.p.m., cond., for each well. Use: Dom. water service for up to 150 residences, fire protection, mun., and irr. of approx. 60 acres of lawn and landscape within the District s boundaries and within the W. ½ of Sec. 27, and W ½ of Sec. 34, T. 1 S., R. 80 W., 6th P.M. Depth: approx. 20 ft. Remarks: The cumulative diversions under any combination of the Blue Valley Metropolitan District 1998 Well Nos. 1 and 2 and the Blue Valley Metropolitan District Pump & Pipeline shall not exceed 250 g.p.m. The Blue Valley Metropolitan District 1998 Well Nos. 1 and 2 are operated pursuant to the plan for aug. decreed in Case No. 98CW27. These wells are to be constructed within 100 ft. from the river unless Applicant augments delayed impacts in an amt. and upon a schedule acceptable to the Division Engineer. Integrated System: In Cases No. 04CW42 and 04CW130, the Court confirmed the Subject Water Rights are part of an integrated water supply for Applicant's service area pursuant to C.R.S (4)(b). A complete list of diligence activities and expenditures is on file with this court. Applicant owns the land on which structures are located. 6 pgs. 2 exh. 4. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE The water right claimed by this

4 PAGE 4 18CW3094 PITKIN COUNTY, ROARING FORK RIVER. Application for Findings of Reasonable Diligence. Aspen School District c/o Mark E. Hamilton, Esq. and C. Tarn Udall, Esq. Holland & Hart LLP, 600 E. Main St., Suite. 104, Aspen, CO, 81611, , mehamilton@hollandhart.com, ctudall@hollandhart.com. Names of structure: West Ranch Phase 2 Well; West Ranch Phase 2 Exchange. Original decree information: Case No: 08CW197, District Court in and for Water Division No. 5, 06/12/2012. Subsequent decrees: N/A. Locations: West Ranch Phase 2 Well: NE 1/4 SW 1;/4 of Sec. 5, T. 9 S., R. 85 W., 6th P.M., at a point located 1,560 ft. E. of the W. Sec. line, and 1,806 ft. N. of the S. Sec. line, of said Sec. 5; West Ranch Phase 2 Exchange: Upper Terminus: the point at which the Roaring fork River crosses the S. Sec. line of Sec. 5, T. 9 S., R. 85 W., 6th P.M; Lower Termini: (1) the confluence of the Frying Pan River and the Roaring Fork River in the SW 1/4 SE 1/4 of Sec. 7, T. 8 S., R. 86 W. of the 6th P.M., at a point approx. 750 ft. from the S. Sec. line and 1,500 ft. from the E. Sec. line (for releases from Ruedi Reservoir); (2) the confluence of the Colorado River and the Roaring Fork River located in the SE 1/4 NW 1/4 of Sec. 9, T. 6 S., R. 89 W. of the 6th P.M., at a point approx. 2,200 ft. form the N. Sec. line and 2,350 ft. from the W. Sec. line of said Sec. 9 (for releases from Green Mountain Reservoir). A map showing the West Ranch Phase 2 Well and upper exchange terminus is attached to the application as Figure 1. Sources: West Ranch Phase 2 Well: groundwater tributary to Roaring Fork River tributary to the Colorado River; West Ranch Phase 2 Exchange: exchange on the Roaring Fork River. Amounts, uses and appropriation dates: West Ranch Phase 2 Well: 25 g.p.m., conditional, with an annual appropriation of 3.15 acre-feet, for in house domestic use in Applicant s Phase 2 Affordable Housing Development, consisting of seven single-family dwelling units, fire protection, and 7,000 square feet (0.16 acre) of lawn and landscape irrigation associated with those uses, with an appropriation date of 02/12/2008; West Ranch Phase 2 Exchange: 1.0 g.p.m., conditional, to use water released from the Basalt Water Conservancy District sources for augmentation, when the exchange is in priority, with an appropriation date of December 31, The application requests that all amounts and uses be continued in full force and effect for an additional six-year diligence period. A detailed outline of activities and expenditures during the diligence period is included in the application. (6 pages). 5. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE The water right claimed by this 18CW3095 PITKIN COUNTY, ROARING FORK RIVER. Application for Findings of Reasonable Diligence and to Make Conditional Water Right Partially Absolute. Pitkin Way Enterprises LLC, c/o Mark E. Hamilton, Esq. and Tarn Udall, Esq. Holland & Hart LLP, 600 E. Main St., Suite. 104, Aspen, CO, 81611, , mehamilton@hollandhart.com, ctudall@hollandhart.com. Description of conditional water right: Name of structure: Stone Pond System. Decree information: (1) Case No: 00CW78. (2) Court: District Court, Water Division No. 5. (3) Date: October 29, (4) Subsequent decrees: 07CW186. Location: NW ¼ of the NE ¼ Section 12, Township 10 South, Range 85 West of the 6th P.M. at a location feet from the north section line and feet from the east section line of said Section 12, in Pitkin County, Colorado. Source: Tributary water from the alluvium of the Roaring Fork River, delivered by Stone Well No. 1, as described in Case No. 00CW79, District Court, Water Division No. 5. Appropriation date: November 3, Amount: acre feet, conditional for piscatorial, aesthetic, and recreational uses; 0.46 acre feet, conditional for augmentation uses; acre feet, absolute with the right to fill and refill in priority for piscatorial, aesthetic, and recreational uses. Uses: Piscatorial, aesthetic, recreation, and augmentation. Claims to make absolute: In Case No. 07CW186, acre feet of the Stone Pond water right was made absolute for piscatorial, aesthetic, and recreational uses. Applicant requests confirmation that such amount has been made absolute for all decreed purposes as a matter of law by application of (4)(e), C.R.S. Applicant has also diverted and stored an additional acre feet of the subject water right and accordingly requests confirmation that such additional amount should be made absolute for all decreed purposes for a total of acre feet absolute for all decreed purposes with the right to fill and refill when in priority. The additional 0.77 acre feet was stored in priority in January Applicant seeks findings of reasonable diligence as to all remaining conditionally decreed amounts and uses. A detailed outline of activity during the diligence period is included in the Application. The subject water right is located upon Applicant s property. (5 pages).

5 PAGE 5 6. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE The water right claimed by this 18CW3096 (08CW78, 98CW134) EAGLE COUNTY COLORADO RIVER & ITS TRIBUTARIES, RED DIRT CREEK, WILLOW CREEK, AND HORSE CREEK. Grand River LLC c/o Scott C. Miller, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Rd., Suite 2104A, Aspen, CO 81611, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structures & Legal Descriptions: Surface Rights Pumps: Nottingham Pump No. 1 Enlargement: NE ¼ of Section 23, T. 3. S., R. 86 W., 6 th P.M., at a point 1180 feet west from the east line and 342 feet south from the north line of said Section 23; Nottingham Pump No. 2 Enlargement: SW ¼ of Section 23, T. 3. S., R. 86 W., 6 th P.M., at a point 2362 feet east from the west line and 297 feet north from the south line of said Section 23; River Ranch Pump: Section 23, T. 3 S., R. 86 W., 6 th P.M. located 3800 feet north of the south section line and 2210 feet west of the east section line of said Section 23. Surface Rights Ditches: Enlargement of the Nelson Ditch: whence the south quarter corner of Section 6, T. 3 S., R. 86 W., 6 th P.M. bears S W feet; Enlargement of the Willow Creek No. 4 Ditch: whence Angle Point No. 6 of Tract 43, Section 23, T. 3 S., R. 86 W., 6th P.M. bears N W. 268 feet; Enlargement of the Wilson and Doll Ditch: 2,400 feet north from the south section line and 1,650 feet west from the east section line of Section 12, T. 3. S., R. 86 W., 6th P.M. Surface Rights Water Features: Westside Water Feature: At the Willow Creek No. 4 Ditch described in paragraph 4.C.ii. of the Application; North Water Feature: At the River Ranch Pump described in paragraph 4.C.iii. of the Application; South Water Feature: At the Nottingham Pump No. 2 described in paragraph 4.C.iv. of the Application. Storage Rights: River Ranch Pond: NE ¼ of Section 23, T. 3 S., R. 86 W., 6 th P.M., 180 feet south from the north line and 770 feet west from the east line; River Ranch Golf Course Pond No.1: NW ¼ of Section 23, T. 3 S., R. 86 W., 6th P.M., 2020 feet south from the north line and 1590 feet east from the west line; River Ranch Golf Course Pond No. 2: SW ¼ of Section 23, T. 3 S., R. 86 W., 6th P.M., 780 feet north from the south line and 1420 feet east from the west line; River Ranch Golf Course Pond No. 3: NW ¼ of Section 23, T. 3 S., R. 86 W., 6th P.M., 2150 feet south from the north line and 2360 feet east from the west line; River Ranch Golf Course Pond No. 4: NW ¼ of Section 23, T. 3 S., R. 86 W., 6th P.M., 2450 feet south from the north line and 2540 feet east of the west line; River Ranch Golf Course Pond No. 5: NE ¼ of Section 23, T. 3 S., R. 86 W., 6th P.M., 590 feet south from the north line and 940 feet west of the east line; River Ranch Golf Course Pond No. 6: NE ¼ of Section 23, T. 3 S., R. 86 W., 6th P.M., 1510 feet south from the north line and 1100 feet west of the east line; River Ranch Golf Course Pond No. 7: SW ¼ of Section 23, T. 3 S., R. 86 W., 6th P.M., 280 feet north from the south line and 2470 feet east of the west line; River Ranch Golf Course Pond No. 8: NW ¼ of Section 26, T. 3 S., R. 86 W., 6th P.M., 1050 feet south from the north line and 1480 feet east of the west line. Remark: All ponds will be filled by diversions at the locations of the Nelson Ditch Enlargement, Willow Creek No. 4 Ditch Enlargement, Wilson and Doll Ditch Enlargement, the Nottingham Pump Nos. 1 and 2 Enlargements, and the River Ranch Pump. Ground Water Rights: River Ranch Well No. 1 (Permit No ): Section 23, T. 3 S., R. 86 W., 6 th P.M., 4880 feet from the south section line and 1320 feet from the east section line; River Ranch Well No. 2 (Permit No ): Section 23, T. 3 S., R. 86 W., 6th P.M., 4960 feet from the south section line and 620 feet from the east section line; River Ranch Well No. 3 (Permit No ): Section 23, T. 3 S., R. 86 W., 6th P.M., 1470 feet from the south section line and 2250 feet from the east section line; River Ranch Well No. 4 (Permit No ): Section 26, T. 3 S., R. 86 W., 6th P.M., 3320 feet from the south section line and 3660 feet from the east section line; Corral Well: Section 23, T. 3 S., R. 86 W., 6th P.M., 2270 feet from the south section line and 1190 feet from the east section line; Westside Well: Section 23, T. 3 S., R. 86 W., 6th P.M., 2080 feet from the south section line and 2370 feet from the east section line; Double-wide Well: Section 23, T. 3 S., R. 86 W., 6th P.M., 410 feet from the south section line and 1280 feet from the east section line; Clubhouse Well: Section 23, T. 3 S., R. 86 W., 6th P.M., 1690 feet from the south section line and 1820 feet from the east section line; Cabin Well No. 1: Section 23, T. 3 S., R. 86 W., 6th P.M., 3440 feet from the south section line and 2300 feet from the east section line; Cabin Well No. 2: Section 26, T. 3 S., R. 86 W., 6th P.M., 4520 feet from the south section line and 3450 feet from the east section line; Cabin Well No. 3 (Permit No ): Section 23, T. 3 S., R. 86 W., 6th P.M., 350 feet from the south section line and 2810 feet from the east section line; Cabin Well No. 4: Section 23, T. 3 S., R. 86 W., 6th P.M., 1050 feet from the south section line and 2590 feet from the east section line; River Ranch North Supply Well No. 1: Section 23, T. 3 S., R. 86 W., 6th P.M., 3810 feet from the south section line and 2310 feet from the east section line; River Ranch East

6 PAGE 6 Supply Well No. 1: Section 23, T. 3 S., R. 86 W., 6th P.M., 2630 feet from the south section line and 1950 feet from the east section line; River Ranch East Supply Well No. 2: Section 26, T. 3 S., R. 86 W., 6th P.M., 3540 feet from the south section line and 4000 feet from the east section line; Comfort Station Well No. 1: Section 23, T. 3 S., R. 86 W., 6th P.M., 4960 feet from the south section line and 750 feet from the east section line; Comfort Station Well No. 2: Section 23, T. 3 S., R. 86 W., 6th P.M., 1740 feet from the south section line and 4270 feet from the east section line; Range Building Well: Section 23, T. 3 S., R. 86 W., 6th P.M., 2030 feet from the south section line and 1900 feet from the east section line; Maintenance Building Well: Section 26, T. 3 S., R. 86 W., 6th P.M., 4840 feet from the south section line and 2220 feet from the east section line. Remark: Some decreed well locations are considered preliminary locations and final locations will be within boundaries of Applicant s Property. Sources: Surface Rights Pumps: Enlargements of Nottingham Pump Nos. 2 and 2 and River Ranch Pump: Colorado River. Surface Rights Ditches: Enlargement of Nelson Ditch: Horse Creek and Willow Creek; Enlargement of Willow Creek No. 4: Willow Creek; Enlargement of the Wilson and Doll Ditch: Red Dirt Creek. Surface Rights Water Features: Westside Water Feature: Horse Creek, Willow Creek, Colorado River; North Water Feature and South Water Feature: Colorado River and Red Dirt Creek. Storage Rights: All Ponds: Colorado River, Horse Creek, Willow Creek, Red Dirt Creek. Ground Water Rights: All Wells: Groundwater tributary to Colorado River. Depths: River Ranch Well No. 1: 28 ft.; No. 2: 50 ft.; No. 3: 39 ft.; No. 4: 48.5 ft.; Cabin Well No. 3: 140 ft. Appropriation Dates: River Ranch Well No. 1: February 4, 1963; River Ranch Well No. 2; June 16, 1987; River Ranch Well No. 3: March 16, 1987; River Ranch Well No. 4: November 25, 1991; Corral, Westside, and Double-wide Wells: November 6, 1998; River Ranch Pond: December 31, 1997; River Ranch Pump, Westside Water Feature, North Water Feature, South Water Feature, River Ranch Golf Course Pond Nos. 4 through 8; August 21, 2000; All other structures: July 30, Amounts: Enlargements of Nottingham Ranch Pumps Nos. 1 and 2: Combined total of 10 c.f.s.; River Ranch Pump: 5 c.f.s.; Enlargement of Nelson Ditch: 3 c.f.s.; Enlargement of Willow Creek No. 4 Ditch: 2 c.f.s.; Enlargement of Wilson and Doll Ditch: 4 c.f.s.; River Ranch Pond: acre-feet; River Ranch Golf Course Pond No. 1: 5.85 acre-feet; No. 2: acre-feet; No. 3: acre-feet; No. 4: 6.98 acre-feet; No. 5: 2.78 acre-feet; No. 6: acre-feet; No. 7: 3.30 acre-feet; No. 8: acre-feet. Remark: All ponds filled and refilled continuously as necessary to replace seepage and evaporation loss and releases for beneficial use, up to decreed amounts. River Ranch Well No. 1: 20 g.p.m.; River Ranch Well Nos. 2 through 4: 15 g.p.m.; All other wells: 30 g.p.m.; Westside Water Feature: 3.0 c.f.s.; North Water Feature: 3.0 c.f.s.; South Water Feature: 3.0 c.f.s. Uses: All structures except wells and water features: irrigation, domestic, livestock, and commercial; Additional uses for ponds: recreational, fishery, aesthetic, replacement and augmentation; Wells: Irrigation, domestic, livestock, and commercial; Water features: recreational, fishery, and aesthetic. Maps of water rights are on file with the court as Exhibits A and B. Map of property is on file with the court as Exhibit C. Detailed description of work performed towards completion of appropriation, including expenditures during relevant diligence period is on file with the court as Exhibit D. Following structures may be located on property owned by the following entities: (Nelson Ditch) Eight Bar Ranch CO LLLP, PO Box 33, Burns, CO and/or Eagle Sawmill Ranch LLC, Parkway Commons Dr., Ste. A, Oklahoma City, OK 73134; (Wilson and Doll Ditch) Bureau of Land Management, Hwy. 6 & 24, PO Box 1009, Glenwood Springs, CO 81602; (All other structures) Applicant. Remarks: Alternate Points of Diversion are described in paragraph 11.B of the Application. Subject Water Rights are components of an integrated water supply system for Applicant s property. 7. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE The water right claimed by this 18CW8 (11CW73) GRAND COUNTY-GROUND WATER TRIBUTARY TO THE NORTH FORK OF THE COLORADO RIVER. Ronald Van Vleet & Claire Silk; Box 3244; Winter Park, CO (970) Pharo Well No. 11-Application for Finding of Reasonable Diligence. Location: SW¼NE¼ of Sec. 11, T.2N, R.76W. of the 6 th P.M. 3,675 ft. from the south sec. line and 2,298 ft. from the east sec. line. Appropriation: Aug. 28, 1997 Amount: 9.2 g.p.m., conditional. Use: in-house domestic use in a single-family dwelling. An outline of work performed during the diligence is included in the application.

7 PAGE 7 8. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE The water right claimed by this 18CW3083 GARFIELD COUNTY, COLORADO, COLORADO RIVER. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE, IN PART, AND FOR FINDING OF REASONABLE DILIGENCE. Name and Address of Applicant: Town of New Castle c/o Town Administrator, P.O. Box 90, New Castle, CO Please direct all correspondence to Michael J. Sawyer, Karp Neu Hanlon, P.C., P. O. Drawer 2030, Glenwood Springs, CO 81602, (970) Original Decree: August 22, 1991, in Case No. 87CW373, District Court in and for Water Division No. 5. Subsequent Decrees: April 20, 1998, in Case No. 97CW201; October 8, 2009, in Case 02CW395; November 9, 2004, in Case No. 04CW62; and May 28, 2012, in Case No. 10CW279, all in Water Division No. 5. First Claim: Make Surface Water Right Absolute and in the Alternative Finding of Reasonable Diligence. Name of Water Right: New Castle Augmentation Station. Location: NE1/4 of the SW1/4 of Section 31, Township 5 South, Range 90 West of the 6th P.M., 1,813 feet north of the South section line of Section 31 and 1,724 feet east of the West section line of Section 31. Appropriation date: May 22, Amount and Uses: 5.0 c.f.s., conditional, for municipal, commercial, domestic, industrial, augmentation, replacement and exchange uses; and 4.0 c.f.s., conditional, for irrigation. Place of Use: Within Applicant s anticipated and potential municipal water service area. Remarks: in Case No. 10CW279, 1.0 c.f.s. of the New Castle Augmentation Station water right was confirmed absolute for irrigation use. In Case No. 02CW395, the place of use of the New Castle Augmentation Station water right was changed to Applicant s anticipated and potential municipal water service area. Out of priority depletions attributable to use of the New Castle Augmentation Station water right are replaced pursuant to the plan for augmentation approved in Case No. 87CW373, which plan operates pursuant to Ruedi Reservoir Round II Contract No. 009E6C0129 with the United States Bureau of Reclamation. Landowner: Applicant. Claim to Make Absolute, In Part: Date additional water first applied to beneficial use: No later than May 11, Amount of water applied to beneficial use and uses: 4.53 c.f.s. for municipal, commercial, domestic, industrial, and irrigation uses. Description of place where water has been applied to beneficial use: Within Applicant s anticipated and potential municipal water service area. Application to beneficial use/exercise of reasonable diligence: The New Castle Augmentation Station water right was found in previous cases to be a component part of each of Applicant s integrated municipal water supply system within the meaning of C.R.S The Application contains a detailed outline of what has been done towards perfecting the New Castle Augmentation Station including any balance thereof not confirmed absolute pursuant to the Application. Second Claim: Finding of Reasonable Diligence for Appropriative Right of Exchange. Name of Water Right and Description: Castle Valley Ranch Augmentation Plan Exchange, Elk Creek/East Elk Creek Exchange. Exchange Reach Location: East Elk Creek between Ware and Hinds Ditch and the New Castle Pump and Pipeline. Appropriation Date: November 7, Source of Exchange Deliveries: Exchange water will be diverted at and delivered via the New Castle Augmentation Station. Description and Operation of Exchange: Historic consumptive use credits associated with the irrigation under the Coryell Ditch will provide a full augmentation plan described above. Historically, water rights decreed to the Red Rock Ditch have been subject to call by the Ware and Hinds Ditch located on Elk Creek. Therefore, historic consumptive use credits associated with the Red Rock Ditch will not be available for augmentation purposes throughout the entire historic irrigation season. In order to provide a secure water service to Castle Valley Ranch P.U.D., and in order to compensate for the lack of seniority of water rights in the Red Rock Ditch to be used for augmentation, at such times as the water rights in the Red Rock Ditch are used or claimed for augmentation, and when such water rights are out of priority, water will be pumped from the Colorado River at the New Castle Augmentation Station to a point on Elk Creek above the headgate of the Ware and Hinds Ditch (or to a point in the Ware and Hinds Ditch). Water will be diverted at the New Castle Augmentation Station under its own water right and under the Buster Pump and Pipeline and Adam s Lake Reservoir water rights. The Town of New Castle will thereby provide a substitute supply to the Ware and Hinds Ditch in an amount equal to the lesser of the amount validly called by said ditch or the upstream diversions not augmented by in-priority water rights under the plan for augmentation. The date of appropriation for the exchange is November 7, Claim for Finding of Reasonable Diligence: The Castle Valley Ranch Augmentation Plan Exchange Elk Creek/East Elk Creek Exchange water right was found in previous cases including 97CW201 and 10CW279 to be a component part of Applicant s integrated municipal water supply system within the meaning of C.R.S As such, work performed with respect to any component part of Applicant s water supply system constitutes diligence toward completion of the appropriation of the Castle Valley Ranch Augmentation

8 PAGE 8 Plan Exchange Elk Creek/East Elk Creek water right. Diligence: The Application contains a detailed outline of what has been done towards perfecting the appropriation of the subject conditional water rights. (7 pp. including exhibits). 9. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING WATER CLERK FOR DURING THE MONTH OF JUNE The water right claimed by this 18CW3087 (10CW268, 03CW188, 96CW331, 92CW297, 87CW331), PITKIN COUNTY, LITTLE ELK CREEK, TRIB. TO CAPITOL CREEK, CAPITOL CREEK AND EAST SOPRIS CREEK, TRIB. TO THE ROARING FORK RIVER, TRIB. TO COLORADO RIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Applicant: La Jolla Development Company d/b/a McCabe Ranch and Harry Anthony Collins and Judith Collins Revocable Trust d/b/a McCabe Ranch. c/o Sara Dunn, Erika Gibson, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, CLAIM FOR FINDING OF REASONABLE DILIGENCE. Structure: McCabe Pond No. 1, storage water right. Original decree entered on 5/13/91 in Case No. 87CW313 (1 of 5), Third Amended, Water Div. 5. Nunc pro tunc 12/12/90. Legal: NW1/4 SE1/4, of Sec. 5, T 9 S, R. 86 W., 6 th P.M. at a point 2360 ft. from the S. Sec. line, 2730 ft. from the W. Sec. line of Sec. 5. Source: Capitol Creek and surface water trib. to East Sopris Creek, both trib. to Roaring Fork River, trib. to the Colorado River. Approp. Date: 4/17/87. Amt.: 0.14 a.f., conditional. Uses: ec., pisc., fire prot., and stock watering. Structure: McCabe Pond No. 2, storage water right. Original decree entered on 5/13/91 in Case No. 87CW313 (1 of 5), Third Amended, Water Div. 5. Nunc pro tunc 12/12/90. Legal: NE1/4 SW1/4, Sec. 5, T. 9 S, R. 86 W., 6 th P.M., at a point 2320 ft. from the S. Sec. line and 2500 ft. from the W. Sec. line of Sec. 5. Source: Capitol Creek and surface water trib. to East Sopris Creek, both trib. to the Roaring Fork River, trib. to the Colorado River. Approp. Date: 4/17/87. Amt.: 0.14 a.f., conditional. Uses: Rec., pisc., fire prot., and stock watering. Structure: McCabe Pond No. 4, storage water right. Original decree entered on 5/13/91 in Case No. 87CW313 (1 of 5), Third Amended, Water Div. 5. Nunc pro tunc 12/12/90. Legal: SW1/4 NE1/4, of Sec. 5, T. 9 S., R. 86 W., 6 th P.M., at a point 3410 ft. from the S. Sec. line and 3200 ft. from the W. Sec. line of Sec. 5. Source: Capitol Creek and surface water trib. to East Sopris Creek, both trib. to Roaring Fork River, trib. to the Colorado River. Approp. Date: 4/17/87. Amt.: 0.7 a.f., of which 0.3 a.f. is decreed absolute and 0.4 a.f. remains conditional. Uses: rec., pisc., fire prot., and stock watering. Structure: McCabe Pond No. 20, storage water right. Original decree entered on 5/13/91 in Case No. 87CW313 (1 of 5), Third Amended, Water Div. 5. Nunc pro tunc 12/12/90. Legal: SE1/4, NW1/4 of Sec. 5, T. 9 S., R. 86 W., 6 th P.M., at a point 2730 ft. from the S. Sec. line and 2510 ft. from the W. Sec. line of Sec. 5. Source: Green Meadow Dirch diverting from Capitol Creek and surface water trib. to East Sopris Creek, both trib. to the Roaring Fork River, trib. to the Colorado River. Approp. Date: 4/17/87. Amt.: 0.14 a.f., conditional. Uses: irr., rec., pisc., fire prot., and stock watering. Structure: Abacus Ranch Well No. 3, underground water right. Original Decree: entered on 12/12/90 in Case No. 87CW313 (4 of 5), Second Amended, Water Div. 5. Legal: SE1/4 NE1/4, of Sec. 5, T. 9 S., R. 86 W., 6 th P.M. at a point 3450 ft. from S. line and 4400 ft. from W. line of Sec. 5. Source: groundwater trib. to East Sopris Creek, trib. to Roaring Fork River, trib. to Colorado River. Approp. Date: 3/27/89. Amt.: c.f.s., conditional. Uses: irr. of 1.0 acre located with the J.H. McCabe Tracts 5 and 6, dom., fire prot., and stock watering. Depth: 28 ft. Structure: McCabe Ranch Well B, underground water right. Original decree entered on 9/16/93 in Case No. 92CW297, Water Div. 5. Legal: NE1/4, NE1/4, of Sec. 7, T. 9 S., R. 86 W., 6 th P.M. at a point S. 34 deg. 0 W., 1440 ft. from the NE Corner of Sec. 7 in Pitkin Cnty., 1200 ft. from the N. Sec. line and 795 ft. from the E. Sec. line of Sec. 7. Source: groundwater trib. to East Sopris Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Approp. Date: 12/31/92. Amt.: c.f.s., conditional. The McCabe Ranch Wells A through E were decreed for c.f.s. individually or in the aggregate. With the completion of the McCabe Ranch Wells A and D, the entire c.f.s. was made absolute in Case No. 03CW188. Applicant intends to develop the McCabe Ranch Wells B, C, and E to ease production pressure on the McCabe Ranch Wells A and D and assure a redundant supply for the dom. use. Uses: irr. within a 30-acre tract located in the NE1/4, NE1/4 of Sec. 7, T. 9 S., R. 86 W. of the 6 th P. M., dom., fire prot., and stock watering. Depth: 400 ft. Structure: McCabe Ranch Well C, Underground Water Right. Prior Decree: original decree entered on 9/16/93 in Case No. 92CW297, Water Div. 5. Legal: NE1/4, NE1/4, Sec. 7, T. 9 S., R. 86 W., 6 th P.M., at a point 36 deg. 30 W., 695 from the NE Corner of Sec. 7 in Pitkin Cnty., 560 ft. from the N. Sec. line and 410 ft. from the E. Sec. line of Sec. 7. Source: groundwater trib. to East Sopris Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Approp. Date: 12/31/92. Amt.: c.f.s., conditional. The McCabe Ranch Wells A through E were decreed for c.f.s. individually or in the aggregate. With the completion of the

9 PAGE 9 McCabe Ranch Wells A and D, the entire c.f.s. was made absolute in Case No. 03CW188. Applicants intend to develop the McCabe Ranch Wells B, C, and E to ease production pressure on the McCabe Ranch Wells A and D and assure a redundant supply for the dom. use. Uses: Irr. within a 30-acre tract located in the NE1/4 NE1/4 of Sec. 7, T. 9 S., R. 86 W., 6 th P.M., dom. fire prot., and stock watering. Depth: 400 ft. Structure: McCabe Ranch Well E., underground water right. Original decree entered on 9/16/93 in Case No. 92CW297, Water Div. 5. Legal: SW1/4 NW1/4 of Sec. 8, T. 9 S., R. 86 W., 6 th P.M. at a point S. 02 deg. 0 E., 1880 ft. from the NW Corner of Sec. 8 in Pitkin Cnty., 1880 ft. from the N. Sec. line and 65 ft. from the W. Sec. line of Sec. 8. Source: groundwater trib. to Little Elk Creek, trib. to Capitol Creek, trib. to Roaring Fork River, trib. to the Colorado River. Approp. Date: 12/31/92. Amt.: c.f.s., conditional. The McCabe Ranch Wells A through E were decreed for c.f.s. individually or in the aggregate. With the completion of the McCabe Ranch Wells A and D, the entire c.f.s. was made absolute in Case No. 03CW188. Applicant intends to develop the McCabe Ranch Wells B, C, and E to ease production pressure on the McCabe Ranch Wells A and D and assure a redundant supply for the dom. use. Uses: Irr. within a 1.2-acre tract located in the SW1/4, NW1/4 of Sec. 8, T. 9 S., R. 86 W., 6 th P. M., dom., fire prot., and stock watering. Depth: 400 ft. Names and address of owner or reputed owners of the land upon which any new or existing diversion structures: This Application seeks only a finding of diligence for previously decreed structures, with no modifications or claims to add new structures. Therefore, Applicants will not provide notice of the Application to the landowners identified in Case No. 10CW268. See C.R.S (2)(b)(II). Integrated Water Supply System: In Case No. 03CW188, the Court confirmed the structures described above are part of an integrated water supply for Applicants property. See C.R.S (4)(b). McCabe Ranch is a mixed-use development with an equestrian center, single-family res. lots, irrigated pastures and grazing lands. McCabe Ranch is supplied by the following water supply: the J.H. McCabe Tracts Water System, the Frank Dom. and Stockwatering Pipeline System, wells, springs, ponds and irr. ditches as illustrated on Exhibit A. The individual components of the integrated water system were decreed in Case Nos. 87CW313 (1 through 5), 87CW314, 87CW316, 92CW297, 02CW329 and 06CW128. Remarks: The Court has entered findings of reasonable diligence and determined that certain components of the integrated system have been made absolute in Case No. 96CW331, entered 8/26/97, Case No. 98CW58, entered 8/18/98, Case No. 03CW188, entered 12/03/04, and Case No. 10CW268, entered on 05/29/12. A detailed outline of work done toward completion of the approp. and application of water to beneficial use is included in the Application on file with the Water Court. (8 pages 2 exhibits.)