DIVISION 5 WATER COURT- 1. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW55 (CA 1123) EAGLE COUNTY- CABIN CREEK, TRIBUTARY TO THE COLORADO RIVER. Earl Skiles; Box 12; Burns, CO 80426 (970)653-4329. Cabin Creek Basin Ditch-Application to Make Absolute. Location: northerly bank of Cabin Creek, Sec. 21, T. 1S, R.86W. of the 6 th P.M. bears N85 15 East 739.7 ft. Appropriation: Aug. 12, 1952. Amount: 10.2 cfs, absolute. Use: irrigation. (5 pages) 2. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW56 (99CW254 & W-3998) PITKIN & EAGLE COUNTIES FRYINGPAN AND ROARING FORK RIVERS, TRIBUTARY TO THE COLORADO RIVER. Town of Basalt c/o Tom Kinney, Esq., Hill, Kinney & Wood, LLC, 201 Main Street, Suite 301, Carbondale, CO 81623 (970) 963-3900. Application for Finding of Reasonable Diligence and Award of Absolute Water Rights. Applicant requests entry of a final decree finding that it has exercised reasonable diligence in completing the appropriation of tributary groundwater previously decreed for diversion at Basalt Municipal Well Nos. 1, 2, 3, 4 and 5, at a rate of 0.55 cfs, conditional, at each well, and also awarding these water rights absolute. Basalt Municipal Well No. 1. Decreed point of diversion is located at a point whence the northwest corner of Sec. 17, T8S, R86W, 6 th PM bears N16º45 W 2250 feet, which point is protracted as being in the SW¼NW¼ approximately 2158 feet from the north, and 637 feet from the west section lines of said Sec. 17. Source: alluvial groundwater tributary to Roaring Fork River. Appropriation date: July 19, 1974. Diversion rate and decreed uses: 0.55 cfs, conditional, for domestic, municipal, irrigation, commercial and industrial purposes. Landowner at point of diversion: Meyer Ranch, LLC, 23655 Two Rivers Road, Basalt, CO 81621. Basalt Municipal Well No. 2. Decreed point of diversion is located at a point whence the northwest corner of Sec. 17, T8S, R86W, 6 th PM bears N21º15 W 2900 feet, which point is protracted as being in the NW¼SW¼ approximately 2705 feet from the north, and 1046 feet from the west section lines of said Sec. 17. Source: alluvial groundwater tributary to Roaring Fork River. Appropriation date: July 19, 1974. Diversion rate and decreed uses: 0.55 cfs, conditional, for domestic, municipal, irrigation, commercial and industrial purposes. Landowner at point of diversion: Mark Alan Kittle, P.O. Box 333, Basalt, CO 81621. Basalt Municipal Well No. 3. Decreed point of diversion is located at a point whence the northwest corner of Sec. 17, T8S, R86W, 6 th PM bears N24º45 W 3500 feet, which point is protracted as being in the NE¼SW¼ approximately 3186 feet from the north, and 1450 feet from the west section lines of said Sec. 17. Source: alluvial groundwater tributary to Roaring Fork River. Appropriation date: July 19, 1974. Diversion rate and decreed uses: 0.55 cfs, conditional, for domestic, municipal, irrigation, commercial and industrial purposes. Landowner at point of diversion: Applicant, 101 Midland Ave., Basalt, CO 81621. Basalt Municipal Well No. 4. Decreed point of diversion is located at a point whence the northeast corner of Sec. 18, T8S, R86W, 6 th PM bears N73º00 E 650 feet, which point is protracted as being in the NE¼NE¼ approximately 190 feet from the north, and 622 feet from the east section lines of said Sec. 18. Source: alluvial groundwater tributary to Roaring Fork River. Appropriation date: July 19, 1974. Diversion rate and decreed uses: 0.55 cfs, conditional, for domestic, municipal, irrigation, commercial and industrial purposes. Landowner at point of diversion: Applicant, 101 Midland Ave., Basalt, CO 81621. Basalt Municipal Well No. 5. Decreed point of diversion is located at a point whence the northeast corner of Sec. 18, T8S, R86W, 6 th PM bears N11º30 E 550 feet, which point is protracted as being in the NE¼NE¼ approximately 540 feet from the north, and 108 feet from the east section lines of said Sec. 18. Source: alluvial groundwater tributary to Roaring Fork River. Appropriation date: July 19, 1974. Diversion rate and decreed uses: 0.55 cfs, conditional, for domestic, municipal, irrigation, commercial and industrial purposes. Landowner at point of diversion: Applicant, 101 Midland Ave., Basalt, CO 81621. Original decree entered on October 7, 1979 in Case No. W-3998. Subsequent diligence decrees entered on December 27, 1983 in Case No. 83CW201, on November 30, 1987 in Case No. 87CW175, on November 18, 1993 in Case No. 93CW177 and, most recently, on March 27, 2000 in Case No. 99CW254. The subject conditional water rights were diverted and beneficially used for all decreed purposes at the alternate points of diversion previously established in Case Nos. 90CW138 and 00CW252 at Basalt Municipal Well Nos. 9, 11 and 13, and also at the Basalt RE-1 School District Well, as further described in the Application. A statement of efforts and expenses supporting requested finding of reasonable diligence is incorporated into the Application. (8 pages).
PAGE 2 3. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW57 PITKIN County; Application for Change of Water Right. Pitkin Exchange Holdings of Aspen, LLC, Ralli Dimitrius, Manager, 601 E. Hopkins Avenue, 3rd Fl. Aspen, CO 81611, c/o The Noone Law Firm, 1001 Grand Ave., #207, Glenwood Springs, CO 81601. Decreed Name of Structures for which Change is Sought: Syphon Ditch. From Previous Decree: Date entered: December 28, 1903. Case No.: CA 1039. Court: Former Water District 38. Decreed point of diversion: headgate of Syphon Ditch situated in Pitkin County, CO on the N bank of Big Kline Creek (a.k.a. Lark Creek), in Sec. 29, T 10 S, R 88 W, of the 6th P.M. at a point which is S 85 degrees, 10 minutes West, 850 ft. from the S. quarter corner of Sec. 29. Source: Big Kline Creek (a.k.a. Lark Creek), tributary to Crystal R., tributary to Colorado R. Appropriation Date: April 26, 1901. Amount: 2.4 c.f.s., priority number 213B. Decreed Use: Irrigation. Historic Use: Syphon Ditch water right, appurtenant to Redstone Castle, historically diverted water from Big Kline Creek (a.k.a. Lark Creek), on E. side of Crystal R., through a pipeline under the Crystal R., up the hillside on W side of the R. to an open ditch. Syphon Ditch historically irrigated 21 acres of hay and pasture on a mesa W. of Crystal R., now known as Crystal River Park Subdivision. Exhibit A on file with Court. Annual C.U.. for period from 1972 to present is estimated at 0.48 af per acre. Average annual historic C.U. for 21 acres of irrigation is approximately 10.1 af. Exhibit B on file with Court. Proposed Change. Pursuant to the Stipulation and Agreement executed by Applicant, State and Division Engineers in Case No. 05CW96, Exhibit C on file with Court, Applicant requests following changes to Syphon Ditch water right: Point of Diversion: Applicant requests a change in the point of diversion for the Syphon Ditch from the headgate of the Syphon Ditch, as described above, to the approximate location of the Hawk Pump on the E. bank of the Crystal R., which is located in the SE1/4 of the SW1/4 of Sec. 20, T 10 S, R 88 W of the 6th P.M., at a point on the E. bank of the Crystal R. approx. 450 ft. from the S Sec. line and 2200 ft. from the W Sec. line of said Sec. 20. Exhibit D on file with Court. Type of Use: Applicant requests a change in the type of use for the Syphon Ditch from irrigation to irrigation and stockwatering, as described more particularly below: Irrigation: Applicant intends to irrigate approx. 10 acres of lawn and garden adjacent to and surrounding Redstone Castle with 0.25 c.f.s., absolute. Stockwatering: Applicant intends to change a portion of the historic C.U. associated with the dry-up of the other 11 acres of historical irrigation to stock watering uses for 40 head of livestock. Stock watering requirement for said period is 0.25 af. A flow rate of 10 gpm would be adequate to fill stock tanks on a regular basis. Exhibit E on file with Court. Place of Use: Applicant requests a change in the place of use for Syphon Ditch water rights from a mesa west of the Crystal R., now known as Crystal River Park Subdivision, to 10 acres of lawn and garden adjacent to and surrounding the Redstone Castle. Exhibit F on file with Court. Name and address of owner 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. 4. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW58 Garfield County, APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND/OR TO MAKE ABSOLUTE, Bud Strong Family LLLP, CALOIA, HOUPT & HAMILTON, PC 1204 Grand Ave Glenwood Springs, CO. Strong Spring & Pipeline No. 1 decreed 5/5/2000 in 98CW227 located in Sec 1, T7S R95W 6th PM, central collection point for the spring is located 162 ft. from N Sec line and 850 ft. from E Sec line of Sec 1 and collects spring flows, seepage, and other waters from above in and around that point, Source: Springs tributary to the Colorado River, Approp 8/14/1998 Amts: 0.50 cfs cond, Uses: Irrigation & stockwatering, 20 acres irrigated NE ¼NE ¼ of Sec 1 T7S R95W, and SE ¼ SE ¼ Sec 36 T6S R95W and SE ¼SE ¼ Sec 31, T6S R94W, and NW ¼ NW ¼ of Sec 6, T7S, R 94W, 6th PM. Ivy Springs, Strong Pipeline decreed: 5/5/2000 in 98CW227 located in Sec 1 T7S, R95W 6th PM, central collection point for spring is located 337 ft from N Sec line and 850 ft. from E Sec line Sec 1 and collects spring flows, seepage, and other waters from above, in, and around that point, Source springs trib to Colorado River, Approp 8/14/1998, Amts 0.50 cfs, cond Uses: irrigation & stockwatering 20 acres irrigated NE ¼ NE ¼ of Sec 1 T7S R95W SE¼SE ¼ Sec 36 T6S R95W, SE ¼ SE ¼ of Sec 31, T 6S, R94W, and in NW ¼ NW ¼ of Sec 6, T7S, R 94 W, all of the 6th P.M. Outline of what has been done toward completion of these appropriations and application of water to beneficial use as conditionally decreed Applicant has used the water rights to their full extent for irrigation and stockwater. (4 pages)
PAGE 3 5. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW59 GRAND COUNTY - Unnamed tributary to the Fraser River. (1) Winter Park Christian Church, Box 518, Tabernash, Colorado 80478,(970)887-9784. (2) c/o John D. Walker, Cazier and McGowan, Box 500, Granby, Colorado 80446, (970) 887-3376. (3) WPCC Wells No. 1-3 (4) APPLICATION FOR UNDERGROUND WATER RIGHT AND PLAN FOR AUGMENTATION INCLUDING EXCHANGE (5) Source: Underground water connected to an unnamed creek, tributary to Crooked Creek, tributary to the Fraser River, tributary to the Colorado River. (6) Location: WPCC Well No. 1 has been previously permitted as a commercially exempt well, and is located in the NW1/4NW1/4 of Section 2, Township 1 South, Range 76 West of the 6 th P.M., 2400 feet from the North line of said Section 2 and 960 feet from the West line of said Section 2. WPCC Wells No. 1-3 will be located on Applicant s property, a full legal description of said property provided in Exhibit A. (7) Use: Commercial, Domestic and Irrigation. (8) Type of Structure: Wells. (9) Quantity: Maximum pumping Rate of 50 gpm for each well with a total consumptive use of 0.7 acre-feet per year. (10) Depth of wells: Current depth of WPCC Well No. 1 is 200 feet. WPCC Wells No. 2 and 3 not drilled yet, but all wells will have a maximum depth of 500 feet. (11) Water right which will be used as a source of exchange water: Depletions will be augmented with either Windy Gap water or Wolford Mountain water. Applicant has applied with the Middle Park Water Conservancy District for a Water Allotment Contract to provide Applicant the right to an annual entitlement of up to 0.7 ac/ft of Wolford Mountain Reservoir a/k/a Gunsight Pass Reservoir located on the Muddy Creek, SW1/4 NE1/4 Sec. 25, T2N, R81W, 6 th P.M., Grand County, CO decreed 87CW283 or Windy Gap water from Granby Reservoir as provided in decree C.A.1768, Water Division No. 5 and 85CW135. (12) Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8): (a) Water Requirements. The annual consumptive use for the development will not exceed 0.7 af/yr. (b) Plan for Augmentation. WPCC Wells No. 1-3 will be fully augmented by releases of Wolford Mountain water or Windy Gap water. Applicant requests approval of plan finding plan will not cause injury, an exchange and well water rights with appropriation dates of September 20, 2005, conditional, issuance of well permits, and well can be used for year around use. (12 pages) 6. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW60 MESA AND GARFIELD COUNTIES, Colorado River, Roan and Parachute Creeks, and Tributaries Thereto, Chevron Shale Oil Company, a division of Chevron U.S.A. Inc., c/o Lee Parker, Manager, Chevron Shale Oil Company, 11111 South Wilcrest, Houston, TX 77099, (281) 561-4725, with copies to Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P. O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Finding of Reasonable Diligence. Structures and Descriptions of Conditional Water Rights: Getty Pipeline. Original Decree: November 10, 1966, Civil Action No. 4914, Garfield County District Court; Location: The original point of diversion established by the decree referred to above was changed in Case No. W-2924 to a point located on the right bank of the Colorado River at a point whence the Northeast corner of Section 28, Township 8 South, Range 97 West of the 6th P.M. bears North 18 deg 59'32" East, 5,569.2 feet, Mesa County, Colorado. An alternate point of diversion was decreed in Case No. 82 CW 227 at a point on the right bank of the Colorado River from whence the Southeast corner of Section 28, Township 8 South, Range 97 West, 6th P.M. bears south 33 deg 45' East, 1,212 feet, in Mesa County. Source: Colorado River. Appropriation date: An appropriation date of September 3, 1950 was decreed by the Court in Civil Action 4914, but since the said proceeding was a supplemental adjudication, a priority date of November 19, 1951 was assigned. Amount: 56.0 cfs. Use: Municipal, domestic, recreational, irrigation, industrial and manufacturing purposes. Roan Creek Reservoir: Original Decree: November 10, 1970, Civil Action No. 6404, Garfield County District Court. Location: The initial point of survey of the high waterline is located at a point whence the Southeast corner of Section 25, Township 7 South, Range 98 West of the 6th P.M. bears South 46 deg 31' East a distance of 987 feet. An alternate place of storage was decreed in Case No. 82 CW 227 at a point where the dam axis intersects the centerline of Roan Creek from whence the Southeast corner of Section 6, Township 8 South, Range 97 West, 6th P.M., bears South 77 deg 30' East, 3,180 feet, in Garfield County. Source: Roan Creek and all tributaries upstream from situs of dam and Colorado River. Appropriation date: July 7, 1961. Amount: 12,396.5 acre feet. Use: Municipal, domestic, recreational, irrigation, industrial and manufacturing purposes. Roan Creek Reservoir Enlarged: Original Decree: November 10, 1970, Civil Action No. 6404, Garfield County District Court. Location: The intersection of the dam axis with the center line of Roan Creek is at a point whence the Southeast corner of Section 25, Township 7 South, Range 98 West of the 6th P.M. bears South 39 deg 8'0" East a distance of 1,696 feet. An alternate point of storage was decreed in Case No. 82 CW 227 at the same alternate point described for Roan Creek Reservoir above. Source: Roan Creek and its tributaries and Colorado River. Appropriation date: March 2, 1967. Amount: 71,300
PAGE 4 acre feet decreed in Civil Action No. 6404 but reduced to 58,903.5 acre feet in Case No. W-651. Use: Municipal, domestic, recreational, irrigation, industrial and manufacturing purposes. Getty-Sleepy Gulch Reservoir: Original Decree: November 10, 1970, Civil Action No. 6404, Garfield County District Court. Location: The dam axis intersects the center line of the stream within Sleepy Gulch at a point whence the Northeast corner of Section 17, Township 5 South, Range 97 West of the 6th P.M. bears North 40 deg 45'0" East a distance of 6,352 feet. Source: Natural runoff of Sleepy Gulch which is tributary to Roan Creek and other adjudicated rights owned by Applicant deriving their source of supply from the Colorado River. Appropriation date: June 27, 1967. Amount: 6,538 acre feet. Use: Municipal, domestic, recreational, irrigation, industrial and manufacturing purposes. Getty West Fork of Parachute Creek Reservoir: Original Decree: November 12, 1974, W-2243, Water Division 5. Location: The intersection of the dam axis and the center line of the Stream Channel of the West Fork of Parachute Creek is located at a point whence the Northeast corner of Section l, Township 5 South, Range 97 West of the 6th P.M. bears North 26 deg 30'0" East 4,113 feet. Source: West Fork of Parachute Creek and the Colorado River by the Getty pipeline. Appropriation date: June 27, 1967 as to the water from the West Fork of Parachute Creek. Amount: 4,658 acre feet. Use: Municipal, domestic, recreational, irrigation, industrial and manufacturing purposes. Getty Springs 1A through 1F, Getty Springs 2A through 2F, Getty Spring 4A, Getty Springs 6A through 6I, Getty Springs 7A through 7F, Getty Springs 8A through 8E, Getty Spring 9A, Getty Spring 9B, Getty Springs 10A through 10G, Getty Springs 11A through 11F, Getty Springs 12A through 12C, Getty Springs 13A through 13E, Getty Springs 14A through 14E, Getty Spring 15A and 15B, Getty Springs 16A through 16C, Getty Spring 17A, Getty Springs 18A through 18C, Getty Springs 19A through 19C, and Getty Spring 20A ("Getty Springs"). Original Decree: November 4, 1986 (for all Getty Springs). Case No.: 83 CW 365 (for all Getty Springs), Water Court, Water Division 5. Appropriation: July 1, 1983 (for all Getty Springs). Use: Municipal, domestic, recreational, irrigation, industrial, and manufacturing purposes (for all Getty Springs). Locations, Sources and Amounts: Getty Spring 1A located in Section 15, T5S, R97W, 4675 feet South of the North section line and 3775 feet East of the West section line. Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute which is tributary to the Colorado River. Amount: 0.03 cfs. Getty Spring 1B located in Section 14, T5S, R97W, 4350 feet South of the North section line and 380 feet East of the West section line. Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute which is tributary to the Colorado River. Amount: 0.13 cfs. Getty Spring 1C located in Section 14, T5S, R97W, 4300 feet South of the North section line and 800 feet East of the West section line. Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 1D located in Section 14, T5S, R97W, 4175 feet South of the North section line and 1400 feet East of the West section line. Spring is tributary to West Fork of WolfCreek which is tributary to Parachute which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 1E located in Section 14, T5S, R97W, 4400 feet South of the North section line and 1550 feet East of the West section line. Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 1F located in Section 12, T5S, R97W, 4175 feet South of the North section line and 2500 feet East of the West section line. Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 2A located in Section 2, T5S, R97W, 4000 feet South of the North section line and 4475 feet East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 2B located in Section 10, T5S, R97W, 2325 feet South of the North section line and 4900 feet East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 2C located in Section 10, T5S, R97W, 2850 feet South of the North section line and 4000 feet East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.53 cfs. Getty Spring 2D located in Section 16, T5S, R97W, 2450 feet South of the North section line and 3000 feet East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 2E located in Section 16, T5S, R97W, 850 feet South of the North section line and 4550 East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 2F located in Section 10, T5S, R97W, 4675 feet South of the North section line and 900 feet East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 4A located in Section 2, T5S, R97W, 2975 feet South of the North section line and 5150 feet East of the West section line. Spring is tributary to West Fork of Parachute Creek which is tributary to the Colorado River. Amount: 0.27 cfs. Getty Spring 6A located in Section 13, T5S, R97W, 100 feet South of the North section line and 3900 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6B located in Section 13, T5S, R97W, 2300 feet South of the North section line and 1975 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 6C located in Section 13, T5S, R97W, 3350 feet South of the North section line and 1075 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 6D located in Section 13, T5S, R97W, 4950 feet South of the North section line and 550 East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6E located in Section 24, T5S, R97W, 350 feet South of the North section line and 525 feet East of the West section line. Spring is tributary to the East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6F located in Section 14, T5S, R97W, 5000 feet South of the North section line and 4625 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to
PAGE 5 Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6G located in Section 23, T5S, R97W, 1350 feet South of the North section line and 3425 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6H located in Section 23, T5S, R97W, 1550 feet South of the North section line and 3275 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.20 cfs. Getty Spring 6I located in Section 23, T5S, R97W, 2925 feet South of the North section line and 2575 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 7A located in Section 25, T5S, R97W, 1850 feet South of the North section line and 75 East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 7B located in Section 25, T5S, R97W, 550 feet South of the North section line and 500 feet East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 7C located in Section 24, T5S, R97W, 4925 feet South of the North section line and 1875 feet East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.03 cfs. Getty Spring 7D located in Section 24, T5S, R97W, 4850 feet South of the North section line and 2175 feet East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 7E located in Section 24, T5S, R97W, 4800 feet South of the North section line and 2725 feet East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 7F located in Section 24, T5S, R97W, 4975 feet South of the North section line and 2800 feet East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 8A located in Section 25, T5S, R97W, 4850 feet South of the North section line and 2350 feet East of the West section line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 8B located in Section 36, T5S, R97W, 200 feet South of the North section line and 3200 feet East of the West section line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 8C located in Section 36, T5S, R97W, 1200 feet South of the North section line and 2200 feet East of the West Section line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 8D located in Section 36, T5S, R97W, 1775 feet South of the North section line and 1575 feet East of the West section line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 8E located in Section 36, T5S, R97W, 2725 feet South of the North section line and 900 feet East of the West section line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 9A located in Section 35, T5S, R97W, 1850 feet South of the North section line and 700 feet East of the West section line. Spring is tributary to Crystal Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.36 cfs. Getty Springs 9B located in Section 34, T5S, R97W, 4025 feet South of the North section line and 4500 feet East of the West section line. Spring is tributary to Crystal Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 10A located in Section 27, T5S, R97W, 4325 feet South of the North section line and 3850 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.82 cfs. Getty Spring 10B located in Section 27, T5S, R97W, 4425 feet South of the North section line and 3700 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.05 cfs. Getty Spring 10C located in Section 34, T5S, R97W, 4800 feet South of the North section line and 3450 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 10D located in Section 34, T5S, R97W, 200 feet South of the North section line and 3175 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 10E located in Section 34, T5S, R97W, 1025 feet South of the North section line and 2800 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 10F located in Section 34, T5S, R97W, 1300 feet South of the North section line and 2650 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 10G located in Section 34, T5S, R97W, 1750 feet South of the North section line and 2475 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 11A located in Section 27, T5S, R97W, 450 feet South of the North section line and 1625 feet East of the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.22 cfs. Getty Spring 11B located in Section 27, T5S, R97W, 750 feet South of the North section line and 1375 feet East of the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 11C located in Section 27, T5S, R97W, 1075 feet South of the North section line and 1250 feet East of the West section line. Spring is tributary to East Fork of Pearl
PAGE 6 Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 11D located in Section 27, T5S, R97W, 1175 feet South of the North section line and 1100 feet East of the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.03 cfs. Getty Spring 11E located in Section 27, T5S, R97W, 1500 feet South of the North section line and 975 feet East of the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 11F located in Section 27, T5S, R97W, 1850 feet South of the North section line and 800 feet East of the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 12A located in Section 27, T5S, R97W, 1875 feet South of the North section line and 550 feet East of the West section line. Spring is tributary to West Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 12B located in Section 27, T5S, R97W, 1750 feet South of the North section line and 400 feet East of the West section line. Spring is tributary to West Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 12C located in Section 28, T5S, R97W, 50 feet South of the North section line and 4975 East of the West section line. Spring is tributary to West Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 13A located in Section 27, T5S, R97W, 2175 feet South of the North section line and 650 feet East of the West section line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 13B located in Section 27, T5S, R97W, 3400 feet South of the North section line and 825 feet East of the West section line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 13C located in Section 27, T5S, R97W, 5050 feet South of the North section line and 600 feet East of the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 13D located in Section 34, T5S, R97W, 600 feet South of the North section line and 500 feet East of the West section line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 13E located in Section 34, T5S, R97W, 950 feet South of the North section line and 400 feet East of the West section line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 14A located in Section 21, T5S, R97W, 2950 feet South of the North section line and 1000 feet East of the West section line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.16 cfs. Getty Spring 14B located in Section 21, T5S, R97W, 3800 feet South of the North section line and 700 feet East of the West section line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 14C located in Section 21, T5S, R97W, 4050 feet South of the North section line and 775 feet East of the West section line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 14D located in Section 28, T5S, R97W, 275 feet South of the North section line and 500 feet East of the West section line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 14E located in Section 29, T5S, R97W, 1450 feet South of the North section line and 5125 feet East of the West section line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 15A located in Section 20, T5S, R97W, 5000 feet South of the North section line and 4125 feet East of the West section line. Spring is tributary to West Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.08 cfs. Getty Spring 15B located in Section 20, T5S, R97W, 2975 feet South of the North section line and 3775 feet East of the West section line. Spring is tributary to West Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 16A located in Section 29, T5S, R97W, 4675 feet South of the North section line and 5100 feet East of the West section line. Spring is tributary to Lower Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 16B located in Section 29, T5S, R97W, 4850 feet South of the North section line and 4950 feet East of the West section line. Spring is tributary to Lower Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.09 cfs. Getty Spring 16C located in Section 29, T5S, R97W, 4900 feet South of the North section line and 4600 feet East of the West section line. Spring is tributary to Lower Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 17A located in Section 2, T6S, R98W, 900 feet South of the North section line and 1625 feet East of the West section line. Spring is tributary to Cliffs on Doe/Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 18A located in Section 17, T5S, R97W, 4050 feet South of the North section line and 1325 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.67 cfs. Getty Spring 18B located in Section 17, T5S, R97W, 4400 feet South of the North section line and 1400 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek
PAGE 7 which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 18C located in Section 20, T5S, R97W, 2675 feet South of the North section line and 0 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 19A located in Section 29, T5S, R97W, 750 feet South of the North section line and 725 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 19B located in Section 29, T5S, R97W, 1250 feet South of the North section line and 400 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.03 cfs. Getty Spring 19C located in Section 30, T5S, R97W, 1550 feet South of the North section line and 4900 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to Colorado River. Amount: 0.01 cfs. Getty Spring 20A located in Section 19, T5S, R97W, 5000 feet South of the North section line and 2100 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.07 cfs. With respect to each Getty Spring described above, in 88 CW 124 absolute decrees were issued for domestic uses, which included livestock watering for the full amount claimed in each of these springs for which the claim is equal to or less than 0.033 cfs; and for each of the said springs for which the conditional decree is in excess of 0.033 cfs, an absolute decree was entered for 0.033 cfs for domestic purposes which includes stock watering. However, except for the said grant of absolute decrees, the remaining quantities and uses remain conditional. Each of the structures named above constitutes a feature of the Getty Oil Company Water System. Name and address of owner or reputed owner 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: All of the structures described above will be on lands owned by the Applicant with the following exceptions: Roan Creek Reservoir and Roan Creek Reservoir Enlarged facilities, including their storage pools and the facilities associated with their decreed alternate places of storage, will be located in part on land managed by the United States Bureau of Land Management, 2815 H Road, Grand Junction, Colorado 81506; and Getty Spring 4A, in full, and the storage pool for the Getty West Fork of Parachute Creek Reservoir, in part, will be located on lands owned by Eva and Timothy Uphoff, 17037 County Road 5, Rifle, Colorado 81650. The Application contains a detailed outline of the work performed during the diligence period. (21 pages) 7. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW61 EAGLE COUNTY, Source Colorado River. Applicant: Norbert H. Kmoch, in care of Sara M. Dunn, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602. Application for finding of reasonable diligence for the Kmoch Pumping Plant No. 1 and Pipeline, the diversion being at a point whence the SW corner of Sec. 6 T2S, R83W, 6PM bears S. 41 deg. 24 W. 300 ft.; Approp. 6/15/1968; Amt. of 3.0 c.f.s for Irr.; and Kmoch Pumping Plant No. 2 and Pipeline, the diversion point being at a point whence the SW corner of Sec. 6, T2S, R83W, 6PM bears S. 16 deg. 07 W, 1800 ft. Approp. 6/15/1958; Amt. 1.5 c.f.s. for Irr. Both structures were decreed 5/31/1972 in CA1548, Eagle Cty Dist. Ct.; A full description of Applicant s diligence activities is contained in the Application on file with the Court. Names and addresses of owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: Dugan S. Comer; Marjorie B. Comer and Dudley D. Comer, in care of Dugan S. Comer, 3333 S. Bannock Street, Ste. 800, Englewood, CO 80110 and Star Route, Box 63, Bond, CO 80423; and/or in care of John D. Comer, 3587 S. Hudson, Denver, CO 80237. No diligence or pre-cancellation notices were sent to the applicant regarding the water rights that are the subject of this application until February 22, 2006. Thus, this application is timely pursuant to Double RL Company v. Telluray Ranch Properties, 54 P.3d 908 (Colo. 2002) and C.R.S. 37-92-301(4) and 37-92-305(7). (4 pages) 8. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
PAGE 8 06CW62 GARFIELD COUNTY. Source: Spring, runoff and return flow tributary to an unnamed wash, tributary to the Colorado River. Applicant: Faas Ranch LLLP in care of Sara M. Dunn, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602. Application for finding of reasonable diligence and to make absolute for the Red Rocks Spring No. 3 having a diversion point in the SW1/4 NW1/4 of Sec. 33, T5S, R90W, 6PM at a point whence the W. 1/4 Corner of Sec. 32, T5S, R90W, 6PM bears S. 77 deg. 06' W. 5,780 ft. decreed 5/26/1987, Case No. 86CW367, Div. 5 for 1.0 c.f.s for irr. and stock-watering. Approp. 6/1/1984. First Claim: Finding of Reasonable Diligence. A detailed description of Applicant s diligence activities is contained in the Application on file with the Court and includes a map and full legal description of the property. Second Claim: Application to Make Absolute. Applicant has put the 1.0 c.f.s. adjudicated to the Red Rocks Spring No. 3 to beneficial use for Irr. and stock-watering since 4/1/2003 and therefore the water right should be made absolute. Applicant owns the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. (4 pages plus exhibits). 9. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW63 - Garfield County. Alluvium North Fork, White River. Application for Change of Conditional Water Right. Rio Blanco Ranch Company, c/o Scott Balcomb and Scott Grosscup, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81601. Please direct all pleadings, motions, correspondence and other information and communication concerning this matter to Applicant s attorneys. Name of structure: Rio Blanco Ranch Well No. 1. Original decree date: 04/28/1994, Case No. 93CW312, District Court, Water Division 5. Decreed Location: NE1/4 of the NE1/4 of Sec. 29, T. 1 N, R. 88 W of the 6th P.M., 50 ft. from the N. Sec. line and 400 ft. from the E. Sec. line. Source: Alluvium North Fork, White River. Appropriation Date: 08/17/1992. Use: In-house commercial use for 13 cabins, residence, office, laundry and lodge. Depth: 100 ft. Amount: 40 g.p.m., conditional. Well Permit: No. 042906-F. Change of Water Right: Applicant requests a change in the decreed point of diversion to reflect the actual location of the well as follows. Actual Location: SE1/4 of the SE1/4 of Sec. 20, T. 1 N, R. 88 W of the 6th P.M., at a point 200 ft. from the S. Sec. line and 600 ft. from the E. Sec. line of said Sec. 20. Name of owner of the land upon which structure is located and where water has been placed to beneficial use: Applicant. (3 pages + map) 10. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW64 (93CW312) Garfield County. Alluvium North Fork, White River. Application for Finding of Reasonable Diligence and to Make Conditional Water Right Absolute. Rio Blanco Ranch Company c/o Scott Balcomb and Scott Grosscup, Balcomb & Green, P.C., Post Office Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Please direct all pleadings, motions, correspondence and other information and communication concerning this matter to Applicant s attorneys. Name of structure: Rio Blanco Ranch Well No. 1. Original decree date: 04/28/1994, Case No. 93CW312, District Court, Water Division 5. Decreed Location: NE1/4 of the NE1/4 of Sec. 29, T. 1 N, R. 88 W of the 6th P.M., 50 ft. from the N. Sec. line and 400 ft. from the E. Sec. line. Source: Alluvium North Fork, White River. Appropriation date: 08/17/1992. Use: In-house commercial use for 13 cabins, residence, office, laundry and lodge. Depth: 100 ft. Amt.: 40 g.p.m. Well Permit: No. 042906-F. Claim to Make Conditional Water Right Absolute: Date of Appropriation: 10/27/1993. Amt.: 40 g.p.m. How appropriation was initiated: Well was constructed and put into service pursuant to valid Well Permit No. 042906-F. Applicant has filed an application to correct the legal location of the well in Case No. 06CW063. The Rio Blanco Well No. 1 has been providing water service to Rio Blanco Ranch since October 1993. Use: In-house commercial use for 13 cabins, residence, office, laundry and lodge. Description of place of use where water is applied to beneficial use: Applicant s ranch, Garfield County, Meeker, Colorado as depicted in the map attached to the application on file with the court. Remark: The original decree did not contain a diligence requirement and no diligence or pre-cancellation notices were sent to Applicant. Thus, this Application is timely pursuant to Double RL Co. v. Telluray Ranch Props., 54 P.3d 908 (Colo. 2002). Name of owner of the land upon which structure is located and where water has been placed to beneficial use: Applicant. (3 pages + map)
PAGE 9 11. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW65-EAGLE COUNTY-APPLICATION FOR CHANGE OF WATER RIGHTS. Applicant George H. Daniels, III, address on file with Court, c/o Noone Law Firm P.O. Box 39, Glenwood Springs, CO 81601. Decreed Name of Structures for which Change is Sought: Daniels Well and Daniels Pond. From Previous Decree: Daniels Well (Well Permit No. 46187-F) Date entered: 2/ 5/96. Case No.: 93CW289 Court: District Court, Water Division 5. Decreed point of diversion: Daniels Well, an infiltration gallery on the southerly bank of the Eagle R., located in the SE ¼ of the NE ¼ of Sec. 3, T 5 S, R 85 W, of the 6TH P.M., at a pt. 1,580 ft. S of the N sec. ln. and 750 ft. W of the E Sec. ln. of Sec. 3. Source: A shallow alluvial formation which is hydraulically connected to the Eagle R. which is tributary to the Colorado R. Depth: 10 ft. Appropriation Date: 4/27/94. Amount: 100 gpm (0.22 cfs), absolute. From Previous Decree: for the Daniels Pond. Date entered: 2/5/96. Case No.: 93CW289. Court: District Court, Water Division 5. Pond location: SE ¼ of the NE ¼ of Section 3, T 5 S, R 85 W, of the 6TH P.M., at a point 750 ft. W of the E sec. ln. and 2,000 ft. S of the N sec. ln. Decreed point of diversion: Daniels Well, described above. Appropriation Date: 4/27/94. Amount: 6.0 af, absolute, with a fill right of 100 gpm (0.22 cfs), absolute, which Applicant may fill, refill, and continuously fill. Surface area: 0.75 acres. Dam height: 9 ft. Total storage capacity: 6.0 af. Active storage capacity: 6.0 af. Dead storage capacity: n/a. Historic Use: Applicant has historically irrigated approx. 7 acres, located on property he owns in the SE 1/4 of the NE ¼ of Sec. 3, T 5 S, R 85 W, of the 6TH P.M. Since 1994, Applicant has filled and refilled Daniels Pond, an off-channel reservoir, from Daniels Well, via pump and pipeline for in-house commercial and domestic uses, irrigation of above-described 7 acres as well as augmentation, aesthetic, and fire protection purposes. Daniels Well and Daniels Pond are augmented with a long term service contract with the U.S. BOR for release of water from Green Mountain Reservoir for 22 af. See Exhibit A, on file with Court. Proposed Change. Applicant requests a change in the place of use for up to 1 af for irrigation of nursery plants and trees, from March through Oct., on the following commercial nursery, the Breckinridge Garden Ctr., 16023 Hwy 9, Frisco, CO 80443 (a.k.a. 0140 Farmer s Ln.). Prior to trucking any water to the Breckinridge Garden Ctr., Applicant will amend its BOR Water Service Contract No. 4-07-60-W1017 to reflect a change in the place of use. Name and address of owner 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. WHEREFORE, Applicant respectfully requests entry of a decree confirming the foregoing change. 12. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 06CW66 Eagle County, APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE Town of Eagle, CALOIA, HOUPT & HAMILTON 1204 Grand Ave Glenwood Springs, CO. 1st claim: Brush Creek Terrace Reservoir, decreed in 84CW739 7/21/1987 the dam and drainage channel is in NW ¼ SW ¼ Sec 4, T5S R84W 6 th PM, 1660 feet from S sec line and 290 feet from W sec line, Source: Brush Creek, trib to Eagle River, Approp 2/1/1983, Amt: 5.94 af, cond Uses: municipal, domestic, commercial, fire protection, recreation, aesthetic, augmentation and exchange during the non-irrigation season, and all other beneficial uses. 2 nd Claim: Hernage Ditch, Terrace Enlargement, decreed in 84CW739 on 7/21/1987, located on N bank of Brush Creek at point N 36 45 W 1,150 ft distant from the Quarter Sec corner between Sections 9 and 10, T5S R84W 6 th P.M. Source:Brush Creek, trib to Eagle River Approp 2/1/1983 Amt:.33 c.f.s., cond Uses: for filling Brush Creek Terrace Reservoir and for municipal, domestic, commercial, fire protection, recreation, aesthetic, augmentation and exchange during the non-irrigation season, and all other beneficial uses. 3 rd claim:town of Eagle Augmentation Station decreed in 84CW739 on 7/21/1987 located near S bank of Eagle River in NW ¼ Sec, T5S R84W 6 th P.M., at a point whence Corner No. 1of Tract 46D bears N 77º09 E 663 feet Source:Eagle River Approp 12/ 21/1984 Uses:Irrigation of lawns, garden and green space, municipal, domestic, commercial, fire protection, recreation, aesthetic, and all other beneficial uses, by augmentation and exchange. An Outline of what has been done toward completion of the appropriations identified above w/ expenditures. Water rights are part of Towns municipal water system and part of integrated project, diligence as to other rights within the Town's system constitutes diligence to subject rights and to Town's water system as whole. Related Cases are