IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO



IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4

STATE OF COLORADO

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of April, 2009.

The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:

CASE NO. 2009CW39 (REF NO. 05CW226, 99CW76, 92CW162). Applicant: Richard and Cindy Hanson, 51180 Banner Road, Delta, CO 81416. Application To Make Absolute: Roberts Ditch – SE ¼ NW ¼ NW ¼ of Section 32, T51N, R11W, NMPM. 780 from the north line and 657 feet from the east section line. Source: Roubideau Creek and the Gunnison River. Appropriation Date: 12/16/1992. Amount Claimed: 0.70 cfs absolute for irrigation of 30 acres. The application of file with the Water Court contains a detailed outline of the work performed during the diligence period. MONTROSE COUNTY.

CASE NO. 2009CW40 (REF NO. 01CW162, 98CW213). Applicant: Lake Fork Cove Alliance C/O Carla Alley, President, 4750 Malcom Ct., Colorado Springs, CO 80920. Application To Make Absolute: Carpenter Spring PL – NE ¼ SE ¼ NW ¼ of Section 3, T48N, R4W, NMPM, bears South 30 degrees 42’31” West. 3,350 feet from the north line and 2,050 feet from the east section line. Source: Gunnison River. Appropriation Date: 09/01/1998. Amount claimed: .10 cfs absolute for fire protection and domestic use for 81 lots presently with 35-40 cabins. The application of file with the Water Court contains a detailed outline of the work performed during the diligence period. GUNNISON COUNTY.

CASE NO. 2009CW41. Applicant: Phyllis Becktell, P. O. Box 249, Paonia, CO 81428. Application for Surface Water Right: Becktell Mystic Springs – NE ¼ NW ¼ NE ¼ of Section 1, T14S, R92W, 6th PM. 539 feet from the north line and 1,680 feet from the east section line. Source: North Fork of the Gunnison River. Appropriation Date: 04/15/2009. Amount Claimed: .20 cfs conditional for irrigation and stockwater. DELTA COUNTY.

CASE NO. 2009CW42 (REF NO. 02CW190). GUNNISON COUNTY, SPRINGS TRIBUTARY TO SLATE RIVER. Skyland Metropolitan District, Attn: Mike Billingsley, District Manager, 350 Country Club Dr, Ste 112A, Crested Butte, CO 81224, (970) 349-7411; with a copy to Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502 (970) 242-6262. Application For Finding Of Reasonable Diligence And To Make Conditional Water Right Partially Absolute. Structure: Lake Grant Enlargement; Description: Decree: October 17, 1996, Case No. 93CW185, District Court, Water Division 4; Location: A reservoir located in the NE1/4, Sec. 1, T. 14 S., R. 86 West, 6th P.M., at a point whence the E1/4 Corner of Sec. 1 bears South 77°13= East 849 feet. This reservoir is fed by natural springs, as well as undefined natural surface runoff; Source: Springs tributary to the Slate River and local runoff; Appropriation: September 21, 1992; Amount: 140.0 acre feet, conditional for augmentation of municipal depletions and absolute for all other uses; Uses: Augmentation of municipal depletions, piscatorial, recreation and fire protection. Also for irrigation of up to 128.7 acres of land located in the E1/2 NW1/4, SW1/4 NE1/4, and SE1/4 of Sec. 1 and the NE1/4 of Sec. 12, T. 14 S., R. 86 W., 6th P.M., and the SW1/4 SW1/4 of Sec. 6 and the NW1/4 NW1/4 of Sec. 7, T. 14 S., R. 85 W., 6th P.M. 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, is set forth in the Application. Claim to make absolute: During this diligence period the water commissioner directed the Applicant to make the following releases from water stored under the Lake Grant Enlargement for augmentation of the Applicant=s municipal depletions, and such releases were made by the Applicant: 2004: 10.30 AF; 2007: 0.6553 AF; 2008: 1.17 AF; Total: 12.1253 AF. The water released for augmentation purposes was used to augment depletions from water used for municipal purposes within the boundaries of the Applicant. The Applicant requests that the Court adjudge and decree that the conditional portion of the Lake Grant Enlargement be made absolute in the amount of 12.1253 acre feet for augmentation of municipal depletions, that to the extent the Lake Grant Enlargement is not made absolute, the Applicant has been reasonably diligent in the development of the remaining conditional portion of the Lake Grant Enlargement, and that the remaining conditional portion of the Lake Grant Enlargement be continued in full force and effect. Names and addresses of landowners: The Lake Grant Enlargement is on land owned by the Applicant. (6 pages). GUNNISON COUNTY.

CASE NO. 2009CW43 (REF NO. 06CW42). Applicant: George Bartlett and Lisa Bartlett, P. O. Box 815, Rancho Santa Fe, CA 92067-0815. Application To Make Absolute: Bartlett Pond No. 1 – SW ¼ NW ¼ SW ¼ of Section 20, T13S, R88W, 6th PM. 1,416 feet from the south line and 506 feet from the west section line. Source: Grouse Spring Creek, Snowshoe Creek, Anthracite Creek and the North Fork of the Gunnison River. Appropriation Date: 08/29/2005. Amount Claimed: 0.35 acre-feet absolute for Augmentation of Bartlett Ditch Nos. 1 and 2 and Bartlett Spring Nos. 1 through 4. The application of file with the Water Court contains a detailed outline of the work performed during the diligence period. GUNNISON COUNTY.

CASE NO. 2009CW44 (REF NO. 99CW23, 90CW165). Applicant: Town of Telluride, P. O. Box 397, Telluride, Colorado 81435; (970) 728-3071, c/o James R. Montgomery and Patricia M. DeChristopher, MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C., P. O. Box 1440, Boulder, Colorado 80306-1440, (303) 443-8782. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Name of structure that is the subject of this application: San Miguel Project Diversion Weir and Penstock. 3. Description of conditional water right for which a finding of reasonable diligence is sought: A. Original decree: The conditional water right for the San Miguel Project Diversion Weir and Penstock was decreed on February 8, 1993 in Case No. 90CW165, District Court, Water Division No. 4. B. Subsequent decree: The conditional water right was continued by decree dated April 30, 2003 in Case No. 99CW23, District Court, Water Division No. 4. C. Location of decreed point of diversion: In the SW1/4 of the NE1/4 of Section 32, Township 43 North, Range 9 West, N.M.P.M., San Miguel County, Colorado, at a point from which the northeast corner of said section bears North 48Ε45' East a distance of 2215.0 feet. D. Source: San Miguel River. E. Appropriation date: March 22, 1984. F. Amount: 132 cfs. G. Use: Generation of hydroelectric power. 4. An outline of work and expenditures toward completion of the appropriation and application of water to beneficial use is included in the application. 5. Name and address of owner of land upon which any new diversion structure or modification to any existing structure is or will be constructed: The Nature Conservancy, 2424 Spruce Street, Boulder, CO 80302. SAN MIGUEL COUNTY.

CASE NO. 2009CW45 (REF NO. 02CW115). Applicant: Jeff and Suzanne Franz, 66580 Otter Road, Montrose, CO 81401. Application To Make Absolute: Franz Pond – SE ¼ SW ¼ of Section 3, T48N, R9W, NMPM. 850 feet from the south line and 2,375 feet from the west section line. Source: Uncompahgre River: Appropriation Date: 07/08/2002. Amount Claimed: .033 cfs absolute for irrigation. The application of file with the Water Court contains a detailed outline of the work performed during the diligence period. MONTROSE COUNTY.

CASE NO. 2009CW46 (REF NO. 02CW116). Montrose County, Parkway Ditch – Silver Hawk Power Plant, tributary to the San Miguel River

Applicant: Silver Hawk, Ltd., c/o Mathis, Martin & Kidnay, Box 1487, Montrose, CO 81402 970 249-2546.

Attorney: Mathis Martin & Kidnay, P.O. Box 1487, Montrose, CO 81402, (970) 249-2546

3. Type of application: Application for Sexennial Finding of Reasonable Diligence.

4. Name of structure: Parkway Ditch – Silver Hawk Power Plant.

5. Location: Decreed location of diversion (pursuant to Division 4 Water Court Case 02CW116) is on the south bank of the San Miguel River, 686 feet east of the west section line and 1320 feet south of the north section line, SE1/4NW1/4NW1/4, Section 6, Township 46 North, Range 14 West, N.M.P.M.

6. Drainage basin: tributary to the San Miguel River. Appropriation Date: 07/18/2002

7. Quantity: Amount appropriated and decreed in 02CW116 is 20 c.f.s. No change in amount so appropriated and decreed is sought.

8. Type of use: Hydroelectric generation at the Silver Hawk Power Plant, located approximately two miles down ditch from the Parkway Ditch headgate (a non-consumptive use).

9. Type of structure: Ditch, penstock and hydroelectric generating plant.

10. Additional information: Please see supporting Exhibits attached to the pending Application, detailing Applicant’s expenditure of approximately $37,000 in materials, labor, fuel and machine time in diligent pursuit of completion of this project. MONTROSE COUNTY.

CASE NO. 2009CW47 MONTROSE COUNTY 1. Charles N. Weaver, 11737 Bostwick Park Road, Montrose CO 81401, 970-240-2777, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR UNDERGROUND WATER RIGHT AND FOR APPROVAL OF A PLAN FOR AUGMENTATION 2. Name of Structure: Weaver Domestic Well # 280235. 3.Legal Description of point of diversion of the well: Montrose County, NE1/4SE1/4, Section 10, Township 49 North, Range 8 West, N.M.P.M., 1943 feet north of the south section line and 51 feet west of the east section line. UTM coordinates Easting 260417, Northing 4267601, Zone 13. 4. Date of Appropriation: March 26, 2009. 5. Amount: .033 c.f.s. 6. Use: Domestic use in one single-family residence including lawn and garden irrigation and domestic stockwater 7. Source of Water: groundwater tributary to the Gunnison River. 8. Statement of plan for augmentation: Applicant will construct a single-family residence, and then will take water from the well, use it for domestic purposes including lawn and garden and stockwater, and return it to the Gunnison River by an individual septic disposal system (tank and leach field.) Assuming 100 gallons diverted per person per day, 3.5 persons per house, 10 % consumptive, 2500 square feet of lawn and garden, and one horse, the annual consumptive use will be 0.169 acre-foot. To compensate for this consumptive use, water will be released from the Aspinall Unit as and when needed by the Division Engineer to prevent injury from the depletion of the well. More details are contained in the Report prepared by RHN Water Resources Consultants LLC, attached to the Application. MONTROSE COUNTY.

CASE NO. 2009CW48 (REF NO. 02CW129, 95CW186). SAN MIGUEL COUNTY, WATER DIVISION NO.4: 1) Applicant: Lilylands Canal and Reservoir Company ("Company"), c/o Raymond N. Snyder, President; 2) Attorney: Janice C. Sheftel, Maynes, Bradford, Shipps & Sheftel, LLP., P.O. Box 2717, Durango, CO 81302; 3) Application for Finding of Reasonable Diligence for Lilylands Reservoir and Lilylands Reservoir Enlargements 1 and 2, previously decreed for 239 AF for irrigation and the Water Users Reservoir previously decreed for 255 AF for irrigation; 4) Source: An unnamed draw tributary to the West Fork of Naturita Creek, the West Fork of Naturita Creek, Middle Naturita Creek, East Branch of Naturita Creek, Roaring Fork of Naturita Creek, Adzes Gulch, Galloway Gulch and Hugh Johnson Gulch, all tributary to the San Miguel River; 5) Location - Lilylands Reservoir: in the W1/2W1/2 of Section 7, T42N, R13W, N.M.P.M., and the E1/2 of Section 12, T42N, R14W, N.M.P.M. The initial point of survey of the high water line is: whence the Northwest corner of Section 7, T42N, R13W, N.M.P.M., bears N 22º 19' E, 2,516 feet; 6) Use: Irrigation, livestock watering, domestic, fire protection and augmentation; 7) Appropriation Date: November 1950, for 250 AF, Absolute ("Ab"); September 1989 for 1,700 AF, Conditional ("Co"); 8) Amount: 250 AF, Ab for stock watering; 1,700 AF Co for supplemental irrig of 1,900 acres, stock watering, domestic use, fire protection augmentation, exchange, and substitution. Also decreed for 239 AF for irrigation and the Water Users Reservoir previously decreed for 255 AF for irrigation; 9) Ditches leading to Reservoir: Lilylands Canal. 89 cfs Ab (See Decrees in Case Nos. 2533 (39cfs) and 4641 (50 cfs)). Headgate No. 1, at a point on the left bank of West Naturita Creek, whence the NW corner of Section 7, T42N, R13W, N.M.P.M., bears N 56º 56" W, 4,131 feet; thence the canal runs northwesterly to Station 9585, where it intersects Adzes Gulch and derives an additional water supply; thence in a northwesterly direction to Station 149, where it intersects Galloway Gulch and derives an additional water supply; thence in a northwesterly direction to Station 166, where it intersects Hugh Johnson Gulch and derives an additional water supply. Reasonable Diligence: The Company ("Company") needs to enlarge the Lilylands Reservoir in order to secure a full summer irrigation water supply. While there usually is a tremendous amount of snow-melt runoff from April through the middle of May, there is not enough capacity in the Reservoir to store it all. In an ordinary water year, the water in the stream is down to around 3.0 cfs by the first week in June. The Reservoir supply may last only until August. The ranch of Raymond Snyder, Company President, has installed four center pivots and settling ponds, and the neighboring property of Bray Ranches has installed eight side rolls and settling ponds, trying to make best use of available Company water, but there is almost never late summer water for the Reservoir. Since 2003, the Company has also completely cleaned the Lilylands Ditch from the Reservoir to Company delivery points, at a cost of $18,000, and maintained ditches and sprayed for weeds and willows at an approximate cost of $9,000, to seek to improve the water supply from the Reservoir. The Company is now discussing enlarging the Reservoir with private funds, since it would appear that financing through the San Miguel Project ("Project") will not be available. The Company has had several meetings with the San Miguel Water Conservancy District Board, the Project sponsor, to discuss the Project's financial situation. The Company hopes to move forward as soon as possible with the enlargement of the Reservoir. SAN MIGUEL COUNTY.

CASE NO. 2009CW49 (REF NO. 02CW158). Applicant: Gary Ward, P. O. Box 88, Eagle, CO 81631. Application and Amended Application For Finding of Diligence: Ward Spring – SE ¼ SE ¼ NW ¼ of Section 25, T13S, R94W, 6TH PM. 1,835 feet South of the North line and 2,512 feet East of the West line. Source: Dry Creek and the Gunnison River. Appropriation Date: 09/12/2002. Amount Claimed: .15 cfs conditional for irrigation and stockwater. The application of file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2009CW50 (REF NO. 02CW23). DELTA COUNTY, BELL CREEK, MINNESOTA CREEK, NORTH FORK OF GUNNISON RIVER. Anthony F. Zimmerman, c/o Mark E. Hamilton, Esq., Holland & Hart LLP, 600 E. Main St., Ste. 104, Aspen, CO 81611 (970) 925-3476, mehamilton@. Application for Findings of Reasonable Diligence and/or to Make Conditional Water Right Absolute. Name: Zimmerman Spring No. 1. Location: NE¼ NW¼ SE¼ of Sec. 22, T. 14 S., R. 92 West of the 6th P.M., at a point 2325 ft N. of the S. Sec. line and 1975 ft W. of the E. Sec. Line, in Delta County. Source: groundwater tributary to Bell Creek, Minnesota Creek and/or the N. Fork of the Gunnison Riv, including wastewater and/or seepage from the Stewart Ditch or the Minnesota Ditch. Approp. Date: 02/01/2002. Amount: 0.2 c.f.s., conditional. Uses: irrigation, livestock, and wildlife (acreage to be irrigated is approx. 10 acres in the NW¼ SE¼ of Sec. 22). Applicant seeks a finding that all decreed amounts and uses have been made absolute. (4 pages). DELTA COUNTY.

CASE NO. 2009CW51 (REF NO. 02CW195). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Applicants: Martin J. Frank Jr. and DeEtta K. Frank, 75180 Q 72 Road, Montrose, CO 81401, c/o Robert J. Thomas, 400 S. 3rd St.; Montrose, CO 81401; Telephone: Structures: FRANK POND NUMBER 1 and FRANK FEEDER DITCH NO. 1, decreed April 16, 2003 (for both structures) in Case No. 2002 CW 195, Montrose County District Court - Water Division 4. Legal Description of Structures: both structures are on land owned by Applicants and described specifically as follows: Frank Pond Number 1: a point in the SW1/4NW1/4 Section 29, Township 48 North, Range 7 West, NMPM 258 feet east of the west section line and 2200 feet south of the north section line of Sec. 29. In Montrose County, Colorado; Frank Feeder Ditch No. 1: a point in the NE1/4SE1/4 Section30, Township 48 North, Range 7 West, NMPM, 2520 feet north of the south section line and 170 feet west of the east section line of said section 30. All in Montrose County, Colorado. Source: wastewater tributary to the Uncompahgre River; Appropriation Date of June 1, 1999 (for both structures); Amounts decreed: .75 AF for Frank Pond Number 1 , and .10 cfs for the Frank Feeder Ditch No. 1; Adjudication Date: 2002 (for both structures). Decreed Uses : Uses Decreed absolutely (for both structures) are : Stockwater, fire protection, and irrigation of 20 acres. Use decreed conditionally (for both structures) is: domestic. Diligence work: Applicants have expended approximately $24,425 on work pertaining to completing the domestic storage and diversion of water in the Frank Pond Number 1 and the related Bennett Reservoir, including but not limited to: installing/constructing pumps, pumphouses, PVC lines, work on ponds and pond liners, and the like. Approximately $15,000 – $ 16,000 of said amount has been spent after the decree was entered on April 16, 2003in 02 CW 195, on work/installation including the following: 20’ X 10’ insulated Pumphouse; installation of 350 linear feet of 2” Sch 40 PVC water supply line; installation of 300 LF of PVC compressed air line; installation of electric 300 LF of 1 ½ “ electrical conduit. Remaining work which needs to be done for completion comprises about $25,000 of expense for the following items: water filter, UV disinfection system, transfer pump, water softener, and chlorination unit. MONTROSE COUNTY.

CASE NO. 2009CW52 (REF NO. 02CW186, 93CW65, 85CW188). OURAY COUNTY. UNCOMPAHGRE RIVER. JKC Utilities, LLC, c/o Mr. James Willey, 334 South 5th Street, Montrose, CO 81401. c/o Patrick, Miller & Kropf, P.C., Scott C. Miller, Esq., 730 East Durant St., Suite 200, Aspen, CO 81611, (970) 920-1028. First Claim: Finding of Reasonable Diligence. Name of structure: Golf Course Ditch. Description of conditional water right: Date of Original Decree: March 30, 1987. Case No. 85CW188, Water Division No. 4. Legal description: The Golf Course Ditch is located 1600 feet west of the east section line and 350 feet north of the south section line of Section 25, Township 46 North, Range 9 West, N.M.P.M. Source: Unknown draw, tributary to the Uncompahgre River. Appropriation date: July 23, 1985. Amount: 3.5 cfs, conditional. Use: Irrigation. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: The subject water right is a component part of an integrated water supply system originally contemplated for use on the “Fairway Pines Golf Course” development. During this past diligence period, Applicant has spent thousands of dollars in continuing to develop this water right, including, by: [see list of activities on Application]. Name of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Second Claim: Change of Water Rights. Name of structures and water rights for which changes are sought: Golf Course Ditch. Information from original decree: see above description. Proposed Changes: Applicant seeks to change the “contemplated draft” for the Golf Course Draft to new uses of municipal, industrial, residential, commercial, domestic, recreation, storage and irrigation. Applicant will quantify and limit the water supply for such new uses to that amount of water, during the irrigation season, originally contemplated by the subject water right, under law regarding changes of conditional water rights. Applicant also seeks to change the place of use of the subject water right to include land located in the Dallas Creek Water Company “Service Area,” as legally described and depicted on public record with the Colorado Public Utilities Commission. Name of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The diversion point will be located on land owned by Applicant. The place of use will be on land within the Dallas Creek Water Company Service Area. OURAY COUNTY.

AMENDED/CORRECTED:

CASE NO. 2006CW139. Delta County, Colorado. Preston Lauderbach, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P. O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. Amended Application for Underground Water Rights, Storage Water Rights, Surface Water Rights and Plan for Augmentation. Please direct all correspondence, motions and pleadings to the attorneys for the Applicant. Applicant seeks an underground water right, storage water right, and surface water right to be used for stockwatering, irrigation, recreation, piscatorial, wildlife propagation and fire protection, as well as a plan for augmentation. The pond claimed herein will be filled using diversions from the ditch and well when in priority. Uses from the well will be augmented via releases from the pond. Claim for underground water rights. Name of Structure: Lauderbach Well. Legal Description: The well is located in the SE1/4 of the NE1/4 of Section 14, T.13 S., R 94 W. of the 6th P.M. at a point 440 feet from the east section line and 1,930 feet from the north section line. Source: Groundwater tributary to an unnamed tributary to Currant Creek tributary to the Gunnison River. Depth: 300 feet. 15 gpm, conditional. Appropriation Date: June 1, 2006, by development of siting plan for well and pond. Uses: pond filling, domestic, stockwatering, irrigation, wildlife propagation and fire protection. Irrigated area: 2.0 acres within the SE1/4 of the NE1/4 of Section 14, T.13 S., R. 94 W. of the 6th P.M. Name and address of owner of land upon which structure is located: Applicant. Remarks: There are no wells within 600 feet of the Lauderbach Well. Claim for Storage Rights. Name of Structure: Lauderbach Pond. Legal Description: The pond is located in the SE1/4 of the NE1/4 of Section 14, T.13 S., R. 94 W. of the 6th P.M. at a point 550 feet from the east section line and 2,190 feet from the north section line. Name of structure used to fill reservoir: Lauderbach Collection and Feeder Ditch and Lauderbach Well as described herein. Source: An unnamed tributary of Currant Creek tributary to the Gunnison River. Amount: 7.0 acre feet, conditional. Appropriation Date: June 1, 2006, by development of siting plan for well and pond. Uses: stockwatering, irrigation, recreation, piscatorial, wildlife propagation, augmentation and fire protection. Surface Area: 1.0 acre. Maximum Dam Height: 10 feet or less. Dam Length: 200 feet. Irrigated area: 2.0 acres within the SE1/4 of the NE1/4 of Section 14, T.13 S., R. 94 W. of the 6th P.M. Name and address of owner of land upon which structure is located: Applicant. Remarks: The pond volume will be constructed with sub-grade excavation and a dam embankment less than ten feet high. Claim for Surface Water Rights. Name of Structure: Lauderbach Collection and Feeder Ditch. Legal Description: The ditch is located in the SW1/4 of the NE1/4 of Section 14, T.13 S., R 94 W. of the 6th P.M. at a point approximately 1,940 feet from the east section line and 1,860 feet from the north section line. Source: Unnamed tributary and all areas tributary to the ditch, tributary to Currant Creek, tributary to the Gunnison River. Amount: 0.25 cfs. Appropriation Date: June 1, 2006, by development of siting plan for well and pond. Uses: pond filling, stockwatering, irrigation, recreation, piscatorial, wildlife propagation and fire protection. Irrigated area: 2.0 acres within the SE ¼ of the NE ¼ of Section 14. T.13 S, R.94 W. of the 6th P.M. Name and address owner of land upon which structure is located: Ronald L. Geiner, 4731 Dagg Road, Houston, TX 77048. Plan for Augmentation. Structure to be augmented: Lauderbach Well, described above. Water rights to be used for augmentation: Blue Mesa Reservoir pursuant to water allotment contract and Lauderbach Pond, described above. Statement of Plan for Augmentation: The water requirements for the project are summarized in Table 1 (filed with the Application). The irrigation requirement for two acres of grass hay/pasture is estimated at 5.34 acre-feet based on a consumptive use rate of 2.136 acre-feet per acre and an irrigation efficiency of 80 percent. Evaporation loss for the proposed Lauderbach Pond is estimated at 3.2 acre-feet per year for a one acre surface area. The demand for livestock watering is estimated at 0.123 acre-feet per year. The water requirement is based on up to ten head of livestock each requiring eleven gallons per day. The water supply for the Lauderbach property will come from a well and a pond. The well will be used for irrigation, livestock watering and to fill the pond. The pond can also be filled with local runoff from a fifteen-acre drainage basin and by diverting spring runoff water from an unnamed tributary of Currant Creek which flows through the property. Currant Creek and the Gunnison River are over appropriated stream systems at various times of the year. All out-of-priority depletions resulting from the diversion form the Lauderbach Well will be augmented in quantity and time using releases from the Lauderbach Pond and contract water from the Bureau of Reclamation in Blue Mesa Reservoir. The Lauderbach Pond would be filled to the extent possible with in-priority diversion and collection of runoff water. Water would be pumped from the well into the pond for livestock watering, irrigation, and to provide additional fill of the pond. Approximately 9.9 acre-feet of storage releases would be made for a local call July through February. Approximately 6.4 acre-feet of contract water from the Bureau of Reclamation for Blue Mesa Reservoir storage water would be obtained for a potential Redlands Power canal in March, April, and/or October when there is not a local call. Approval of the subject Application will not result in injury to any vested or decreed conditional water rights. Wherefore, Applicant requests the Court approve its Application for Underground Water Rights, Storage Water Rights, and Plan for Augmentation upon such terms and conditions as are just and proper. (20 Pages including maps and tables). DELTA COUNTY.

YOU ARE FURTHER NOTIFIED THAT you have until the last day of June, 2009 to file with the Water Clerk, in duplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401

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