DISTRICT COURT, WATER DIVISION 6, COLORADO



DISTRICT COURT, WATER DIV. 6, COLORADO

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water DIV. 6, during the month of APRIL, 2009.

1. 08CW80 ROUTT COUNTY Application for Water Storage Right Applicant: Deborah and Jeffrey Margolis, Trustees, c/o John P. Holloway, Jr., Holloway, Brabec & Karet, PC, PO Box 770908, 330 S. Lincoln Ave, Suite 222, Steamboat Springs, CO 80477 970-879-5532. Name of Reservoir: Margolis Pond. Legal description: Routt County, SE4, SE4, Sec 32, T7N, R84W, 6th PM, 509 ft from S and 847 ft from E Sec Line, Street address: 31975 Ashland Path, Steamboat Springs, CO 80487, Subdivision: Strawberry Farms #3, Lot: B-2A, Block: N/A. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir: Name of ditch and capacity: Soda Creek Ditch, 23.967 cfs (Margolis owns .20 cfs). Routt County, NW4, SE4, Sec 28, T7N, R84W, 6th PM, 1788 ft from S and 2476 ft from E sec line. Northing 4488502, Easting 346417. Source: Lateral ditch, off the Soda Creek Ditch from Soda Creek which is tributary to the Yampa River. Date of appropriation: 8/15/1990. How appropriation was initiated: Pond was constructed and lined with rubber liner and completed in August, 1990. Date water applied to beneficial use: 8/16/1990. Amount claimed: In acre feet: 4 Absolute. If off –channel reservoir, rate of diversion in cfs for filling the reservoir: .20 cfs Absolute. Use: If non-irrigation, describe purpose: Livestock watering – Piscatorial. Surface area of high water line: 0.32 acre. Max height of dam in feet: 4. Length of dam in feet: 92. Total capacity of reservoir: 4 acre feet. Active capacity: 4 acre feet. Dead storage: 4 acre feet. Name of Owner: The Margolis Family Trust dated December 23, 1998 and The Margolis Children’s Trust dated April 24, 2004, c/o Deborah Margolis and Jeffrey Margolis, Trustees, 227 Evening Canyon Road, Corona del Mar, CA 92625 949-640-4294. Original application filed 12/8/08, property transferred from Weston to Margolis on 12/15/08. Identify where dam is located and land within high water line: SE4, SE4, Sec 32, T7N, R84W, 6th PM, 509 ft from S and 847 ft from E sec line. Remarks: Pond supplies water for stock watering and irrigation. New owners are (and previous to filing of the application had been made) fully aware of the filing of application, and were timely notified of application for water storage right. The physical location of the headgate of the Soda Creek Ditch is noted above in the second section of paragraph 3. This is not the decreed location.

2. 09CW3 (03CW50) ROUTT COUNTY Application to Make Absolute Applicant: South Routt Nursery LLC, 21250 US Hwy 131, Phippsburg, CO 80469 or Chris Zuschlag, 24450 Uncompahgre Rd., Oak Creek, CO 80467 970-736-0025. Map in Court file. Name of Structure: South Routt Nursery Irrigation Pump Station. Type: Other – In river pump intake. Date of Original Decree: August 29, 2003. Case No. 03CW50. Court: Routt County Combined. Legal description: SW4 of the W2, NW4, Sec 16, T3N, R85W, 1240 ft from N and 660 ft from W Sec Line. Street address: 21250 US Hwy 131, Phippsburg, CO 80469. Source: Yampa River. Appropriation Date: August 29, 2003. Amount: .11 cfs (50 gpm). Use: Water plant material at nursery. Provide a detailed description of what has been done: Pumping river water throughout summer months May to October, at pump capacity 50 gpm (.11 cfs), to maintain landscape plant material at nursery. This started in May of 2003. Date water applied to beneficial use: May 1, 2003. Amount: .11 cfs. Use: .11 cfs. Description of place of use: SW4, SW4, NW4, SW4, T3N, R85W, Sec 16. Landowner: Applicant.

3. 09CW4 MOFFAT COUNTY Application for Underground Water Right Applicant: Northwest Ready Mix, Inc., 2930 E US Hwy 40, Suite 1, Craig, CO 81625 970-824-5252. Name of Well: Permit, Registration of Denial Number: 67914. Legal description: NE4, SE4, Sec 5, T6N, R90W, 6th PM, 2945.56 ft from N and 334.05 ft from E Sec Line. Street address: 2930 E US Hwy 40, Craig, CO 81625. Subdivision: Northwest Ready Mix Exemption. Lot: Parcel A. Source: Yampa River. Depth: 8.2 ft. Date of appropriation: April 2005. How appropriation was initiated: Property purchased and water used for manufacturing concrete. Date water applied to beneficial use: April 2005. Amount claimed: 1000 gpm absolute. Amount claimed in acre feet annually: 9.21. If non-irrigation, describe purpose: Water is to be used in the production of ready mixed concrete and to occasionally wash gravel brought in from another gravel pit. This pit is not to be reactivated for gravel production. Landowner: Roger P. Simones (President of Northwest Ready Mix, Inc.), 2950 E US Hwy 40, Craig, CO 81625.

4. 09CW7 JACKSON COUNTY Application for Water Rights (Surface) Applicant: Cary Lewis, 11586 JCR 12 W, Walden, CO 80480 970-723-4511, cell 970-819-3362 Name of structure: Ditch. Proposed name: Valley Ditch 2009. Legal description (A): Jackson County NW4, SW4, Sec 21, T6N, R78W, 6th PM, 1700 ft from S and 815 ft from W sec line. Legal description (B): Jackson County, SW4, SW4, Sec 17, T6N, R78W, 6th PM, 1050 ft from S and 1215 ft from W sec line. Were points averaged? No. Source (A): Sutton Creek of the Illinois River and the wastewater associated with the John S. Sutton Ditch from Jack Creek of the Illinois River. Source (B): The wastewater associated with the Arnold Ditch from Jack Creek of the Illinois River. Date of initiation of appropriation: November 25, 2008. How appropriation was initiated: Began mapping and initial survey grade shots. Amount claimed: 10 cfs Conditional. Use: Irrigation. Number of acres historically irrigated: 0; proposed to be irrigated: 250. Legal description of acreage: Portions of the NW4 and the S2 of Sec 8, T6N, R78W. Landowners: Source (A): Mike Dugan, 7539 E. Inspiration Drive, Parker, CO 80138. Source (B): Marvin Fuqua, 8564 Citation Drive, Wellington, CO 80549. Remarks: Map in Court file. See map for location and details. At the conversion of the two ditches, water shall be delivered to the irrigated acres using an underground pipeline.

5. 09CW9 ROUTT COUNTY Application for Water Rights (Surface) Applicant: Robert G. George, Jr. and Dorothy Geraldine Hinkle, Box 212, Yampa, CO 80483 970-638-4429. Name of Structure: Ditch: Southside Ditch Enlargement. Legal description: Routt County. NE4, SW4, Sec 14, T2N, R85W, 6th PM, 1388 ft from S and 2701 ft from W Sec Line. Street address: RCR 60 – south of Yampa. GPS location: Northing 4444932, Easting 338527. Source: Spring Creek Tributary to Phillips Creek Tributary to Yampa River. Date of initiation of appropriation: 1979 (June 1). How appropriation was initiated: Using water to irrigate land. Date water applied to beneficial use: 1979 (June 1). Amount claimed: 2.00 cfs Absolute. Use: Irrigation. Number of acres historically irrigated: 35-40. Legal description of acreage: NE4, SW4, T2N, R85W, Sec 14. Landowner: Geraldine Hinkle (grandmother), Box 145, Yampa, CO 80483. Remarks: We have been using this water since 1979 as it is runoff into our southside ditch, anyway. The water is impossible to divert and after a couple of days runs into Phillips Creek.

6. 09CW10 (99CW73) ROUTT COUNTY Application To Make Water Rights Absolute And For Finding Of Reasonable Diligence Of Creek Ranch Owner’s Association Applicant: Creek Ranch Owners Association c/o Gerald Audesirk, President, c/o Mary Mead Hammond and Karl D. Ohlsen, Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street, Suite 3900, Denver, Colorado, 80203-4639, (303) 861-9000. Name of Structure: Creek Ranch Spring No. 1. Describe conditional water rights giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: April 4, 2003, Case No. 99CW73, Routt County District Court, Water Division No. 6. B. Location: In the NE 1/4 of the SE 1/4 of Section 8, Township 5 North, Range 85 West, of the 6th P.M., 1805 feet from the South section line and 612 feet from the East section line. C. Source: A natural spring tributary to Trout Creek, a tributary of the Yampa River. D. Date of Appropriation: April 22, 1999. E. How Appropriation was Initiated: By the concurrence of an intent to make the subject appropriation and the performance of overt acts in furtherance of that intent, including field inspection of the point of diversion and measurement of spring discharge. F. Amount Decreed: 8.0 g.p.m. (0.018 c.f.s.), conditional. G. Use: Livestock watering. Provide a detailed outline of what has been done On January 14, 2009, the Applicant acquired ownership of the Creek Ranch Spring No. 1 from Creek Ranch, LLP, the applicant in Case No. 99CW73. During the diligence period, Creek Ranch, LLP, its agents, lessees or successors, installed a metal stock tank with a volume of approximately 100 gallons adjacent to the Creek Ranch Spring No. 1 to collect water from the Creek Ranch Spring No. 1 for livestock watering. Also during the diligence period, Creek Ranch, LLP, its agents, lessees or successors, provided access to the spring in August and September for cattle enclosed within the Applicant’s property, with a peak in 2006 and 2007 of up to 125 calf and cow pairs and 5 bulls. Water has been diverted into the stock tank for used by the cattle at a maximum rate of 8 g.p.m. (0.018 c.f.s.). Amount claimed absolute: The Applicant claims the Creek Ranch Spring No. 1 has been applied to beneficial use and made absolute to the full extent of the natural flows of the spring, up to 8 g.p.m. (0.018 c.f.s.). Water was applied to beneficial use on September 1, 2006, for the purpose of livestock watering, as the water supply for up to 125 calf and cow pairs and 5 bulls enclosed on Applicant’s property, by capturing flows from the spring in a 100 gallon metal stock tank located adjacent to the spring. Landowner: The land on which the Creek Ranch Spring No. 1 is located is owned by the Creek Ranch Owners Association. WHEREFORE, Applicant requests that the Court enter an order to make 8 g.p.m. (0.018 c.f.s.) of the Creek Ranch Well No. 1 absolute, and to make a finding of reasonable diligence in the development of any portion of the conditional water rights that are the subject of this application that are not decreed absolute.

7. 09CW12 ROUTT COUNTY Application for Surface and Storage Water rights (Absolute and Conditional) Applicant: Arie Hoogendoorn, c/o Matt Belton, 47545 RCR 129, PO Box 773025, Steamboat Springs, CO 80477 970-879-7885. Name of structure: Shellsteve enlargement of the Graham Bennett Ditch; Shellsteve Pond #1; Shellsteve Pond #2; Shellsteve Pond #3, Shellsteve Pond #4. Legal Description: Shellsteve Enlargement of the Graham Bennett Ditch: Routt County, SW4, SW4, Sec 20, T8N, R86W, 6th PM; Shellsteve Pond #1: Routt County, NE4, SE4, Sec 32, T8N, R85W, 6th PM, 2302 ft from S and 1123 ft from E sec line, street address: 47545 RCR 129, Steamboat Springs, CO 80487; Shellsteve Pond #2: Routt County, NW4, SE4, Sec 32, T8N, R85W, 6th PM, 2076 ft from S and 1860 ft from E sec line, street address: 47545 RCR 129, Steamboat Springs, CO 80487; Shellsteve Pond #3: Routt County, NW4, SW4, Sec 33, T8N, R85W, 6th PM, 1199 ft from S and 2378 ft from E sec line, street address: 47545 RCR 129, Steamboat Springs, CO 80487; Shellsteve Pond #4: Routt County, NE4, SW4, Sec 33, T8N, R85W, 6th PM, 2085 ft from S and 1636 ft from E sec line, street address: 47545 RCR 129, Steamboat Springs, CO 80487. Source: Shellsteve Enlargement of the Graham Bennett Ditch: Elk River, tributary to the Yampa River. Shellsteve Ponds 1 and 2: Shellsteve enlargement of the Graham Bennett ditch and/or such native waters, irrigation return flows, and wastewater from the Graham Bennett Ditch and the Keller Ditch as emanate from an unnamed swale that enters onto Elk River Ranch, LLLP at a location in the NW4, SE4, Sec 32, T8N, R85W, 6th PM, 37 ft from the N sec line and 2008 ft from the E sec line; Shellsteve Ponds 3 and 4: Keller Ditch. Date of initiation of appropriation: 7/1/1951. How appropriation was initiated: Construction of pond. Date water applied to beneficial use: 7/1/1951. Amount claimed: Shellsteve Enlargement of the Graham Bennett ditch: 2.0 cfs absolute; Shellsteve Pond #1: 11.0 AF, absolute (Surface area: 1.25A, Max dam ht: 9 ft, Max dam length: 160 ft); Shellsteve Pond #2: 5.5 AF, absolute (surface area: 1.13A, Max dam ht: 5 ft; Max dam length: 70 ft); Shellsteve Pond #3: 10.0 AF, conditional (Surface area 1.25A, Max dam ht: 9 ft, Max dam length: 150 ft); Shellsteve Pond #4: 10.0 AF, conditional (Surface area 1.25A, Max dam ht: 9 ft, Max dam length: 150 ft). Use: Domestic, fire protection, irrigation, stock watering, piscatorial, recreational, wildlife, aesthetics, provide freshening flows and the right to fill and refill in priority. If irrigation, number of acres historically irrigated: 8; proposed to be irrigated: 20. Legal description of acreage: Historical irrigation of approx 8 acres in the NW4, SE4, Sec 32, T8N, R85W. Proposed irrigation includes approx 12 acres in the NW4, SE4, Sec 32, T8N, R85W. If non-irrigation, describe purpose: Fire protection, stock watering, piscatorial, recreational, wildlife, aesthetics, freshening flows and fill and refill all ponds. Domestic use will be for non-potable uses, such as lawn irrigation. Landowner: Applicant.

The following are amended applications previously published:

8. 07CW27 ROUTT COUNTY Amended Application for Water Storage Rights Applicant: Thomas J. Garite, 33025 Ponderosa Trail, Oak Creek, CO 80467, c/o Margaret O’Donnell, PO Box 773572, 602 Oak Street, Steamboat Springs, CO 80477 Name of reservoir: Garite Pond. Legal description of location of dam: The Garite Pond is located in the NE4, NE4, Sec 16, T3N, R84W, 6th PM at a distance 50 from the N sec line and 200 ft from the E sec line, Lot 1, Morrison Divide Ranch Subdivision, Routt County, Colorado. The street address of the property on which the pond is located is Applicant’s address, listed above. Map in Court file. Source: Springs tributary to Little Morrison Creek, tributary to Morrison Creek, tributary to the Yampa River. Date of appropriation: January 12, 2000. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited, to the purchase of the property and hiring of professionals to design and build the pond and adjudicate the water rights therero. Date water put to beneficial use: N/A. Amount claimed: 3.7 acre feet, conditional, with right of fill and refill. Use: If non-irrigation: The water in Garite Pond will be beneficially used for stock watering, wildlife watering, piscatorial and recreation purposes. Surface area of high water line: 1 acre. Max height of dam in feet: 10 feet. Length of dam in feet: 60 feet. Total capacity of reservoir in acre feet: Active capacity: 3.7 acre feet, dead storage: 0. Landowner: applicant. Remarks: Applicant requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S. Section 37-92-302, approval of the applied for adjudication date, and establishing the amount and uses requested herein for the Garite Pond, and grants to Applicant such other relief as the Court deems just and proper.

9. 07CW1 MOFFAT COUNTY Third Amended Application for Water Storage Rights. Applicants: Robert L. Kay, 1256 S. 1000 West, Vernal, UT 84078 and Lawrence C. Kay, 43 E. 200 North, Vernal, UT 84078, c/o Margaret O’Donnell, PO Box 773572, Steamboat Springs, CO 80477. Name of Reservoir: Dudley Pond. Legal description of location of dam: Dudley Pond is located in the Southeast Quarter of the Northeast Quarter of Section 31, Township 6 North, Range 103 West, 6th P.M., Moffat County, Colorado, at a distance of 2,231 feet from the North of said section line and 7 feet from the East of said section line. Optional Additional Description: NAD 83. Easting: 333712 Northing: 4503973. Source: a spring and runoff tributary to Cottonwood Creek of Red Rock Canyon of the Yampa River. Date of appropriation: January 1, 1917. How appropriation was initiated: by the demonstrated conjunction of intent to appropriate and overt actions including building a small dam to collect spring and runoff water and putting the water to beneficial use for stock water, piscatorial, livestock watering and recreational purposes. Date water applied to beneficial use: January 1, 1917. Amount claimed and rate of diversion for filling the reservoir: 9.12 acre feet, with the right of fill and refill, absolute. Uses: Dudley Pond is used for wildlife watering, piscatorial, stock watering, and recreation purposes. Surface area of high water line: 3.271 acres. Maximum height of dam in feet: 16.3 feet. Length of dam in feet: 331. Total active capacity of reservoir in acre feet: Active capacity: 16.82. Dead Storage: 1.41. Name and address of owner of land upon which structure is located: Marynell Snow, P.O. Box 86, Jensen, UT 84035. Remarks: Applicants request a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, approval of the applied for appropriation date, and establishing the amounts and uses for the storage water right applied for herein, with the right of fill and refill for the storage right, and grants to Applicants such other relief as the Court deems just and proper.

10. 07CW1 (07CW70) MOFFAT COUNTY Amended Application for Storage Water Rights Applicants: John L. Snow and Marynell Snow, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C. P.O. Box 916, Glenwood Springs, CO 81602 970-928-9100. First Claim for Storage Rights: Name of structure: Dudley Pond. Legal description: The dam is located in the SE4, NE4, Sec 31, T6N, R103W, 6th PM at a point 7 ft from the E sec line and 2,231 ft from the N sec line. The GPS location of the center of the dam is NAD 83, Zone 13, 333712 mE, 4503973 mN, which places the dam in the SE4, NE4, Sec 31, T6N, R103W, 6th PM at point 7 ft from the E sec line and 2,231 ft from the N sec line. Source: a spring and runoff to Cottonwood Creek of Red Rock Canyon of the Yampa River. Date of appropriation: January 1, 1917. How appropriation was initiated: Construction of pond and placing the pond to beneficial use for stock watering, piscatorial, wildlife propagation and recreation. Date water applied to beneficial use: January 1, 1917. Amount claimed: 18.23 acre feet, absolute. Uses: stock watering, piscatorial, wildlife propagation and recreation. Surface area of high water line: 3.271 acres. Max height of dam: 16.3 ft. Length of dam: 331 ft. Total capacity of reservoir: 18.23 acre ft. Active capacity: 16.82 acre ft; Dead storage: 1.41 acre ft. Landowner: Applicants. Second Claim for Storage Rights: Name of structure: Rusche Pond. Legal description: The dam is located in the NE4, SE4, Sec 31, T6N, R103W, 6th PM at point 60 ft from the E sec line and 2,400 ft from the N sec line. Source: Natural runoff tributary to Cottonwood Creek of Red Rock Canyon of the Yampa River. Date of appropriation: January 1, 1970. How appropriation was initiated: Construction of pond and placing the pond to beneficial use for stock watering, piscatorial, wildlife propagation and recreation. Date water applied to beneficial use: January 1, 1970. Amount claimed: 3.0 acre ft, absolute. Uses: stock watering, piscatorial, wildlife propagation and recreation. Surface area of high water line: 0.5 acre. Max height of dam: 5 ft. Length of dam: 100 ft. Total capacity of reservoir: 3.0 acre ft. Active capacity: 2.5 acre ft; Dead storage: 0.5 acre ft. Landowner: Applicants. Approval of the subject application will not result in injury to any vested or decreed conditional water rights. Wherefore, applicants request the Court approve their Amended Application for Storage Water Rights upon such terms and conditions as are just and proper.

11. 07CW84 ROUTT COUNTY First Amended Application for Water Rights (Surface) Applicant: Robin Koelmel, 11042 W. Oregon Place, Lakewood, CO 80232 303-988-5328. Name of structure: Koelmel Diversion. Legal description: Routt County, SW4, NE4, Sec 8, T10N, R85W, 6th PM, 1615 ft from N and 1155 ft from E sec line. (Map in Court file) Were points averaged? Yes. Northing 4523244m. Easting 336426m. Zone 13. Source: Unnamed tributary of Independence Creek, tributary to King Solomon Creek, tributary to the Little Snake River. Date of initiation of appropriation: 8/19/1926 How appropriation was initiated: By construction of a ditch to convey water to the Conundrum #3 mining claim for domestic and stock purposes. Date water applied to beneficial use: 8/19/1926. Amount claimed: 0.1 cfs Absolute. Use: .033 cfs – domestic and irrigation; .067 cfs – fire protection. If irrigation, number of acres historically irrigated: 0.2 acres. Legal description of acreage: 0.2 acres of land owned by the applicant on a patented mining claim known as Conundrum #3, which is located in the NE4 of Sec 8, T10N, R85W, 6th PM. If non-irrigation, describe purpose: Household domestic use and fire protection. Landowner: USDA Forest Service, 925 Weiss Drive, Steamboat Springs, CO 80487. Remarks: The source for Koelmel Diversion is water discharging from the collapsed adit of the Royal Flush mine located on a patented mining claim formerly known as Conundrum #2, which the Forest Service acquired in December 2005. The point of diversion is not a new diversion, but has been in place for many decades. Water is conveyed by a ditch from the adit to the Koelmels’ property, known as Conundrum #3. Applicant has placed a pipeline in the ditch on his property. Applicant does not intend to modify the existing diversion structure on the Forest Service’s property.

You are hereby notified that you will have until the last day of JUNE, 2009 to file with the Water Court a verified statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant's Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, DIV. 6, P. O. Box 773117, Steamboat Springs, CO 80477.

SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE

ORDER OF APRIL 23, 2009

CONCERNING THE FILING OF WHITE RIVER DRAINAGE BASIN WATER COURT APPLICATIONS ON AND AFTER AUGUST 5, 2009, PURSUANT TO C.R.S. § 37-92-201(1), COLORADO RULE OF CIVIL PROCEDURE 90, AND RULE 2 OF THE UNIFORM LOCAL RULES FOR ALL WATER COURT DIVISIONS

Senate Bill 09-15, to be codified at C.R.S. § 37-92-201(1), with an effective date of August 5, 2009, places the White River Drainage Basin within the authorities of the water court and the division engineer for Water Division No. 6. Thus, on and after August 5, 2009, the proper filing venue for all White River Drainage Basin applications and subsequent documents is Water Division No. 6. Under the prior statutory provision, venue for White River Drainage Basin applications has been in Water Division No. 5.

Revised Water Court Rule 2 of the Uniform Local Rules for All Water Court Divisions, with an effective date of July 1, 2009, requires counsel for applicants and opposers to file and serve applications and all subsequent documents through the approved judicial branch e-filing service provider. Rule 2 also provides that applicants and opposers without counsel shall file a single copy of the application and all subsequent documents in original paper format, and the water clerk shall scan and upload such paper-filed documents to the approved judicial branch e-filing system.

On and after August 5, 2009, the Water Clerk for Water Division No. 6 shall accept for filing and publication all White River Drainage Basin applications, and subsequent documents in the case, filed in Water Division No. 6.

On and after August 5, 2009, the Water Clerk for Water Division No. 5 shall not accept for filing and publication any White River Drainage Basin applications attempted to be filed in Water Division No. 5.

The Water Clerk for Water Division No. 5 shall issue pre-cancellation notices pursuant to C.R.S. § 37-92-305(7) for all White River Drainage Basin applications filed prior to August 5, 2009 that are subject to future findings of reasonable diligence. The pre-cancellation notices shall direct applicants to file applications for findings of reasonable diligence in Water Division No. 6. The Water Clerk for Water Division No. 5 shall make available to the Water Court for Water Division No. 6 all prior cases that pertain to the diligence applications upon the issuance of the pre-cancellation notice.

To help alert White River Drainage Basin applicants and their attorneys regarding these statutory and rule revisions, the water clerks for Water Divisions No. 5 and No. 6 shall publish this order in the May through August 2009 full resumes of applications for both divisions.

Dated this Twenty-Third Day of April, 2009.

/s/ Mary J. Mullarkey

_________________________________

Mary J. Mullarkey

Chief Justice

ROUTT COUNTY COMBINED COURT

WATER DIV. 6

By: /s/ Connie Strasheim

Court Judicial Assistant

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