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 NOVEMBER, 2008.

1. 08CW69 ROUTT COUNTY Application for Water Rights (Surface). Applicant: Richard A. Landon, PO Box 911, Clark, CO 80428. Ph (970) 846-1942. Name of Structures: Landon Spring. Legal Description of each point of diversion: NW1/4 of the SW1/4 of Sec. 15 T9N R85W of the 6th P.M. at a point of 3600 feet from north Section Line and 1800 feet from West Section Line of said Section. Street Address: Olive Drive. Subdivision: Willow Creek Pass Lot A. GPS location information in UTM format: Points averaged? Yes. Northing 4511352 N Easting 338498 E Zone 13. Source: Spring, tributary to Elk River tributary to Yampa River. Date of initiation of appropriation: December 1, 2007. How appropriation was initiated: by filing application for intent to use spring. Amount claimed: 15 GPM (0.033 cfs) Conditional. Use or proposed uses: Domestic. If non-irrigation, describe purpose fully: Drinking water for one single family dwelling. Name and address of owner: Adamo Family Partnership et tal. Box 817, Clark, CO 80428 Attn: Wayne Adamo.

2. 08CW72 ROUTT COUNTY Application for Water Rights (Surface). Packer Land LLC, c/o Gabe Butler – Montana Log Homes, P.O. Box 771865, Steamboat Springs, CO 80477. c/o Perkins Coie LLC, William H. Fronczak, Christopher Sutton, 1899 Wynkoop St., Suite 700, Denver, CO 80202. Name of Structure: North Spring Lot 7. Legal description: Routt County, NW4 NE4, Sec 1, T6N, R86W, 6th PM, 1300 ft from N and 2110 ft from E Sec Line. Source for structure: Natural spring tributary to the Elk River with is Tributary to the Yampa River. Date of initiation of appropriation: 9/27/2007. How appropriation was initiated: Acquisition of Property. Date water applied to beneficial use: 05/01/2008. Amount claimed: 0.03 cfs Conditional. Use or proposed use: Domestic, commercial, irrigation, stock water, recreation, fish and wildlife propagation, fire protection, central water supply for such uses and also for exchange, replacement, and augmentation purposes on 359 acres generally described as SE1/4 of the NW1/4 of Section 6, Township 6 North, Range 85 West, 6th P.M. and the E1/2 of the NW1/4, the NE1/4 and the N1/2 of the SE1/4 of Section 1, Township 6 North, Range 86 West of the 6th P.M. Landowner: applicant. Remarks: A finding that the water from this structure may be used with other water on the property as an integrated system to serve the 359 acres described above and that the diligence with respect to one component of the integrated water system constitutes diligence for the entire system.

3. 08CW73 ROUTT COUNTY Application for Water Rights (Surface). Packer Land LLC, c/o Gabe Butler – Montana Log Homes, P.O. Box 771865, Steamboat Springs, CO 80477. c/o Perkins Coie LLC, William H. Fronczak, Christopher Sutton, 1899 Wynkoop St., Suite 700, Denver, CO 80202. Name of Structure: South Spring Lot 5. Legal description: SE4 NE4, Sec 1, T6N, R86W, 6th PM, 2142 ft from N and 1102 ft from E Sec Line. Source for structure: Natural spring tributary to the Elk River with is Tributary to the Yampa River. Date of initiation of appropriation: 9/27/2007. How appropriation was initiated: Acquisition of Property. Date water applied to beneficial use: 05/01/2008. Amount claimed: 0.03 cfs Absolute. Domestic, commercial, irrigation, stock water, recreation, fish and wildlife propagation, fire protection, central water supply for such uses and also for exchange, replacement, and augmentation purposes on 359 acres generally described as SE1/4 of the NW1/4 of Section 6, Township 6 North, Range 85 West, 6th P.M. and the E1/2 of the NW1/4, the NE1/4 and the N1/2 of the SE1/4 of Section 1, Township 6 North, Range 86 West of the 6th P.M. Landowner: applicant. Remarks: A finding that the water from this structure may be used with other water on the property as an integrated system to serve the 359 acres described above and that the water from structure has been diverted and controlled by way of a seep collection system allowing the entry of an absolute decree for this structure.

4. 08CW76 (95CW114) (02CW34) MOFFAT COUNTY Application For Finding of Reasonable Diligence and to Correct Legal Description for Bitter Brush Diversion #1. Name, address, telephone number of Applicant: Colorado Division of Wildlife, and the Wildlife Commission (“CDOW”), 6060 Broadway, Denver, CO 80216, Phone: (303) 291-1192. C/O Beth Van Vurst, Assistant Attorney General, 1525 Sherman Street, 5th Flr, Denver, CO 80203, 303 866-5054. I. Application to Correct Legal Description of Bitter Brush Diversion #1 1. Bitter Brush Diversion #1 was originally decreed on April 9, 1996 in Case No. 95CW114, District Court, Water Division 6, in the amount of 0.5 cfs for livestock use. A Finding of Reasonable Diligence was entered for on November 18, 2002 in Case No. 02CW34, District Court, Water Division 6. 2. In both of those cases, Bitter Brush Diversion #1 is described as being located in the SW1/4 of the NW1/4 of Section 35, Township 6 North, Range 96 West of the 6th P.M., at a point 0 feet from the East of the West Section line and 2600 feet North of the South Section line of said section. 3.Upon further review, the CDOW has determined that the legal description provided in the aforementioned cases places Bitter Brush Diversion #1 in the wrong quarter section. The remainder of the description provided in those cases, including the distance from each section line, is correct. Based on that information, Bitter Brush Diversion #1 should be located in the NW1/4 of the SW1/4. 4. The CDOW requests the legal description for the Bitter Brush Diversion #1 be corrected such that it be identified as being located in the NW1/4 of the SW1/4 of Section 35, Township 6 North, Range 96 West of the 6th P.M., Moffat County, Colorado at a point 2600 feet North of the South section line and 0 feet East of the West section line. UTM Location (NAD 83): N: 4479584 E: 232573 Zone 13 N (the points were not averaged). This application does not seek to change any portion of the decreed amount or use of this conditional water right. II.Application for Finding of Reasonable Diligence 5. Name of structures: A. Bitter Brush Diversion #1 and B.Bitter Brush Pond #1 6. Description of Conditional Water Rights as decreed in Case No. 95CW114 and modified in Case No. 02CW34 in the Water Court for Water Division No. 6: A. Date of Original Decree: Both structures were originally decreed on April 9, 1996 in Case No. 95CW114, District Court, Water Division 6. A Finding of Reasonable Diligence was entered for both structures on November 18, 2002 in Case No. 02CW34, District Court, Water Division 6. B. Legal description: 1.Bitter Brush Diversion #1 (as revised in accordance with Applicant’s first claim) is located in the NW1/4 of the SW1/4 of Section 35, Township 6 North, Range 96 West of the 6th P.M., Moffat County, Colorado at a point 2600 feet North of the South section line and 0 feet East of the West section line. UTM Location (NAD 83): N: 4479584 E: 232573 Zone 13 N (the points were not averaged). 2. Bitter Brush Pond #1 is located in the SW1/4 of the NW1/4 of Section 35, Township 6 North, Range 96 West of the 6th P.M., Moffat County, Colorado at a point 2450 feet South of the North section line and 250 feet East of the West section line. UTM Location (NAD 83): N: 4480012 E: 232644 Zone 13 N (the points were not averaged). A map setting forth the locations of both structures is attached to the Application as Exhibit A. C. Source: Jacobs Draw, tributary to Deception Creek, tributary to the Yampa River (both structures). D. Appropriation Date: September 27, 1995 (both structures) E. Amount: 1. Bitter Brush Diversion #1, 0.5 cfs, conditional 2.Bitter Brush Pond #1 1.5 acre-feet, conditional F. Use: Bitter Brush Diversion #1 is conditionally decreed for livestock water. Bitter Brush Pond #1 is conditionally decreed for livestock water and irrigation. 7. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Bitter Brush Diversion #1 and Bitter Brush Pond #1 are part of an integrated project designed to provide water at the Bitter Brush State Wildlife Area (“Bitter Brush SWA”). A map of the property boundary and water resources at Bitter Brush SWA is attached to the Application as Exhibit B. The overall management strategy at the Bitter Brush SWA is to create contiguous habitat for wildlife and utilize cattle grazing as a management tool. To this end, the CDOW has continued to graze the SWA (the current rate of grazing is 700 AUMs) and investigate possible land acquisitions for other lands adjacent to the Bitter Brush SWA. Development of a diversity of water supplies within the SWA is also an important strategy to promote overall range health. Due to a prolonged regional drought that limited the availability of surface flows in Jacobs Draw, the CDOW prioritized resources toward development of groundwater rather than surface water projects. Since the last finding of reasonable diligence, the following specific actions have occurred: The application filed in the previous diligence case, Case No. 02CW34, notes a pending land and water exchange with the City of Craig. On September 26, 2002, this exchange was executed, and the CDOW acquired approximately 500 acres of land adjacent to the location of these conditional water rights. This parcel also contained water rights (four lined and earthen ponds) and the Woodring Well, all within a mile of the conditional rights. In summer of 2004, CDOW replaced a solar pump on the Woodring Well (Permit No. 204336) located within ¼ mile of these conditional rights. In April 2006, the main stock well (Permit No. 165012), which feeds 19 tanks, was drilled deeper and a new pump was installed. The cost incurred by the CDOW was approximately $13,000. In summer 2007, a windmill well (Permit No. 211380) was updated with a solar pump for feeding stock tanks and a small impoundment. The cost incurred by the CDOW for this improvement was approximately $8,000. In summer 2007 and 2008, seven more stock tanks were replaced at a cost of approximately $4,000. Aside from the water development work described above, the CDOW has re-built and upgraded the corrals located next to Bitter Brush Diversion #1 and Bitter Brush Pond #1. The CDOW has also conducted resume review on a monthly basis to protect the Bitter Brush Diversion #1 and Bitter Brush Pond #1 water rights from injury. The CDOW will continue to develop and improve existing water resources to ensure that stock has adequate access to water, since these resources also benefit wildlife in the area. 8. 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 existing storage pool: Colorado Division of Wildlife, and the Wildlife Commission, 6060 Broadway, Denver, CO 80216, Phone: (303) 291-1192.

5. 08CW77 ROUTT COUNTY Application for Finding of Reasonable Diligence. Applicant Twentymile Coal Company, 29515 Routt County Road #27, Oak Creek, Colorado 80467, Attention: Jerry Nettleton. William H. Caile, Esq., Holland & Hart, LLC, 555 17th Street, Ste. 3200, Denver, CO 80202, (303) 295-8000. 2. Name of Structures (a) William H. Jones Ditch, First Enlargement (b) Jefferson Ditch, First Enlargement (c) Boettler Ditch, Second Enlargement (d) Energy Fuels Reservoir No. 2. 3. From Previous Decrees: (a) William H. Jones Ditch, First Enlargement. (i) Date of original decree: May 14, 1980 Case No. 1-1256-77, Water Division No. 6. (ii) Location: The left and west bank of Trout Creek near the NW¼ SW¼ Section 7, Township 5 North, Range 85 West, 6th P.M. (iii) Source: Trout Creek. (iv) Appropriation Date: December 1, 1977. (v) Amount: 125.0 cfs, reduced from 248.34 cfs in Case No. 88CW029. (vi) Use: Irrigation, fish propagation, domestic, municipal, industrial, commercial, mineral processing, suppression of fugitive dust, electrical generation, fire prevention, stock watering, exchange, substitution, replacement and augmentation in connection with other water rights of Applicant, including storage in Energy Fuels Reservoir No. 2 and later diversion for any of the above uses. (b) Jefferson Ditch, First Enlargement. (i) Date of Original Decree: May 14, 1980. Case No. W-1256-77, Water Division No. 6. (ii) Location: The left bank of Trout Creek at a point whence the SE Cor. Section 36, T6N, R86W, 6th P.M., bears S26°13'W 80 feet. (iii) Source: Trout Creek. (iv) Appropriation Date: December 1, 1977. (v) Amount: 196.0 cfs, reduced from 246.0 cfs in Case No. 88CW029. (vi) Use: Same as William H. Jones Ditch, First Enlargement. (c) Boettler Ditch, Second Enlargement (i) Date of original Decree: May 14, 1980. Case No. W-1256-77, Water Division No. 6. (ii) Location: A point on the left or west bank of Fish Creek whence the NE Cor., Section 10, T5N, R86W, 6th PM, bears N61 44' E 1400 feet. (iii) Source: Fish Creek. (iv) Appropriation Date: December 1, 1977. (v) Amount: 144.0 cfs. (vi) Use: Same as William H. Jones Ditch, First Enlargement. (d) Energy Fuels Reservoir No. 2. (i) Date of Original Decree: May 14, 1980. Case No. W-1256-77, Water Division No. 6. (ii) Location: From the NW Cor. Section 6, T5N, R85W, 6th P.M., to the east point of dam, S59°36'22”E 1251.53 feet; from the same NW Cor. to the west point of dam, S29°57'07"E 1,389.37 feet. (iii) Source: Diversions from Fish Creek and Trout Creek through the ditches described above, among others. (iv) Appropriation Date: July 8, 1977. (v) Amount: 30,000 acre feet (with right to fill and refill whenever water is available). (vi) Use: Irrigation, fish propagation, domestic, municipal, industrial, commercial, mineral processing, suppression of fugitive dust, electrical generation, fire prevention, stock watering, exchange, substitution, replacement and augmentation in connection with other water rights of Applicant. 4. Detailed Outline of What has Been Done Toward Completion of the Appropriation and Application of the Water to Beneficial Use as Originally Decreed (a) In Case No. 01CW68, by decree dated November 18, 2002, this Court granted the prior application for a finding of reasonable diligence and continued the conditional water rights that are the subject of this application in full force and effect. The decree in that case required that an application for a finding of reasonable diligence be filed on or before the last day of November, 2008. (b) The conditional water rights that are the subject of this application are integral parts of Applicant’s augmentation plan decreed in Case No. W-1502-78, Water Division 6. The decree for the augmentation plan provides in part as follows: "All of the water rights and all of the structures described herein, including those to be constructed at any alternate points of diversion or places of storage, are part of one water system, so that for purposes of showings of reasonable diligence with respect to the conditional water rights included herein, work performed and expenses incurred by [Applicant] in connection with any of the water rights, structures and alternate points of diversion or places of storage shall be considered to be in furtherance of the application of each of the conditional water rights to beneficial use." (c) Applicant has incurred expenses in connection with the potential operation of the augmentation plan, including legal expenses. Without limitation, Applicant has successfully prosecuted diligence applications and obtained decrees in Case Nos. 05CW12 and 02CW58, Water Division 6, and has monitored the monthly water resume and filed statements of opposition where necessary to protect its water rights. (d) Applicant completed a comprehensive inventory and assessment of all existing irrigation ditches/structures during the summer and fall of 2006, which included: (i) Computer and follow-up search of State Engineer records for all associated ditches and associated water rights. (ii) GPS survey of ditches/structures. (iii) Assessment of existing condition and maintenance requirements, together with related documentation on field reporting forms. (iv) Photo documentation of identified maintenance issues. (v) Data input to Twentymile GIS system of all field data. (vi) Development of data plots for each ditch and associated structures, showing location, alignment, features, and maintenance requirements on aerial photo image. (vii) Assembly and organization of inventory/assessment data for quick reference and use in prioritizing and implementing ongoing ditch maintenance program. (e) Twentymile initiated an ongoing ditch maintenance program in 2007, matching prioritized ditch maintenance needs with available funding for maintenance activities. Ditch maintenance activities completed to date include: (i) Completion of identified repair and maintenance items for Jefferson Ditch, including rebuilding and resetting of the headgate, cleaning and enlarging cross-section of ditch. (ii) Completion of identified repair and maintenance items for Jones Ditch, including cleaning and enlarging cross-section of ditch. (iii) Maintenance is scheduled to begin in 2009 for the Boettler Ditch, based on Twentymile’s current maintenance schedule as described above. (iv) The repair and enlargement of ditches referred to above has increased the capacities of those ditches to divert and carry the conditional water rights that are the subject of this application. (f) Site investigations, including geotechnical foundation and borrow source investigations, were completed during 2007 by Peabody Energy Corporation (“Peabody”), Twentymile’s parent company, for the design and construction of the Energy Fuels No. 2 Reservoir. Test borings were completed to evaluate foundation conditions and material suitability to build the reservoir. Peabody is currently proceeding with the evaluation, planning, and land negotiations in preparation for design of the reservoir. (g) System improvements are ongoing. Substantial additional work is in progress or scheduled for the near future, including without limitation the work on Energy Fuels No. 2 Reservoir described in paragraph 4(f) above. (h) Total expenditures in time and money for all of the above work in the past six years is difficult to estimate, but is conservatively estimated to be at least $65,700. (i) Applicant reserves the right to offer additional evidence of diligence if such becomes necessary or appropriate. 5. Name and Address of Owners or Reputed Owners of Land Upon Which Any New Diversion or Storage Structure or Modification to Existing Diversion or Storage Structure is or Will be Constructed or Upon Which Water Will be Stored: Twentymile Coal Company, 29515 RCR27, Oak Creek, Colorado 80467. Orton, Paul and Susan, P.O. Box 880856, Steamboat Springs, Colorado 80488. Ludlow’s Mountainview Ranch, 34115 RCR33, Steamboat Springs, Colorado 80487. 6. Applicant’s continued work toward development of its integrated water supply system, as described herein, constitutes reasonable diligence toward the completion of the appropriation of the conditional water rights that are the subject of this application.

The following are amended applications previously published:

1. 07CW40 ROUTT AND MOFFAT COUNTIES, YAMPA RIVER, FIRST AMENDED APPLICATION. Applicant: Upper Yampa Water Conservancy District, c/o Robert G. Weiss, Esq., Weiss and Van Scoyk, LLP, 600 So. Lincoln, Suite 202, Steamboat Springs, CO 80487 (970) 879-6053 and David C. Hallford, Esq., and Scott A. Grosscup, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Name of Structures: (a) Four Counties Ditch No. 1 and No. 3, (b) Four Counties Ditch No. 3 Enlargement and Extension, (c) Bear Reservoir, (d) Bear Reservoir Enlargement, (e) Pleasant Valley Reservoir, (f) Pleasant Valley Feeder Canal. The following conditional water rights were acquired by the District from Colorado-Ute Electric Association, Inc. by deed dated 12/16/86. Water rights conveyed by the District to the City of Steamboat Springs (“City”) and are excluded from this Application. (a) Four Counties Ditch No. 1 and No. 3: P.N. 40 through 40-0, Water Dist. No. 58, C.A. No. 3538, Routt County Dist. Ct., Decree: 3/30/64 amended 9/8/70. Uses: domestic, municipal, irrigation, industrial, generation of electric power and energy, mining and recreation. (1) Four Counties Ditch No. 1, Headgate No. 7 (P.N. 40): 50cfs out of the Middle Fork of Fish Creek at a point S 20 deg., 42’ E. 26,742 feet to the NW corner of Sec. 6, T5N, R84W, 6th P.M. (2) Four Counties Ditch No. 1, Headgate No. 6 (P.N. 40A): 40cfs out of Granite Creek at a point S 14 deg.,04’ East 24,498 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (3) Four Counties Ditch No. 1, Headgate No. 5 (Priority No. 40B): 40cfs out of a Branch of Granite Creek at a point S 15 deg., 26’ East 22,560 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (4) Four Counties Ditch No. 1, Headgate No. 4 (Priority No. 40C): 50 cfs out of Fish Creek at a point S 21°22’ E. 17,665 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (5) Four Counties Ditch No. 3, Headgate No. 9 (P.N. 40D): 35cfs out of Hogan Creek at a point S 65 deg., 22’ E. 15,450 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M. (6) Four Counties Ditch No. 3, Headgate No. 8 (Priority No. 40E): 210 cfs of 260 cfs out of Long Park Creek at a point S 42 deg., 48’ East 9,195 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M., (7) Four Counties Ditch No. 3, Headgate No. 7 (Priority No. 40F): 130 cfs out of Fishhook Creek at a point S 39 deg., 16’ E. 8,555 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M., (8) Four Counties Ditch No. 3, Headgate No. 6 (Priority No. 40G), 25 cfs out of Unnamed Creek No. 5, tributary to Fishhook Creek, at a point S 83 degrees, 38’ E. 6,955 feet to the NW Cor. of Sec. 7, T5N, R82W, 6th P.M., (9) Four Counties Ditch No. 3, Headgate No. 5 (Priority No. 40H): 20 cfs out of Unnamed Creek No. 4, trib. to Fishhook Creek, at a point N 86 deg., 30’ E. 5,625 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M. (10) Four Counties Ditch No. 3, Headgate No. 4 (Priority No. 40I): 15 cfs out of Unnamed Creek No. 3, tributary to Walton Creek, at a point N 87 deg., 30’ East 8,245 feet to the SW corner of Sec. 7, T5N, R82W, 6th P.M. (11) Four Counties Ditch No. 3, Headgate No. 3 (Priority No. 40J): 20 cfs out of Unnamed Creek No. 2, tributary to Walton Creek, at a point N 23°04’ West 2,165 feet to the SW corner of Sec. 7, T5N, R82W, 6th P.M., (12) Branch of Four Counties Ditch No. 3, Headgate No. 12 (Priority No. 40K): 35 cfs out of Unnamed Creek No. 7, tributary to Walton Creek, at a point N 84 deg., 30’ E. 4,565 feet to the SW corner of Sec. 19, T5N, R82W, 6th P.M., (13) Branch of Four Counties Ditch No. 3, Headgate No. 11 (Priority No. 40L): 25 cfs out of Unnamed Creek No. 6, tributary to Walton Creek, at a point S 47 deg., 12’ East 4,995 ft. to the SW corner of Sec. 19, T5N, R82W, 6th P.M., (14) Branch of Four Counties Ditch No. 3, Headgate No. 10 (P.N. 40M): 15 cfs out of Walton Creek, at a point N 78 deg., 28’ East 2,155 feet to the NE corner of Sec. 19, T5N, R82W, 6th P.M., (15) Four Counties Ditch No. 1 (Priority No. 40N): 30 cfs from surface and ground flows along Four Counties Ditch No. 1 in Water Dist. 58, other than at points of diversion described in P.N. 40 through 40C above, at or above 9,567 ft. above sea level., (16) Four Counties Ditch No. 3 and its Branch (Priority No. 40O): 125 cfs from surface and ground flows along Four Counties Ditch No. 3 in Water Dist. 58, other than at points of diversion described in P.N. 40D through 40M, at or above 9,567 ft. above sea level., (b) Four Counties Ditch No. 3, Enlargement and Extension: P.N. 45 through 45M, Water Dist. 58, C.A. 3926, Routt County Dist. Ct., Decree: May 30, 1972. Use: Domestic, municipal and power. (1) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 9 (P.N. 45): 6 cfs out of Hogan Creek at a point N 82 deg., 00’E 14,160 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (2) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 13 (P.N. 45A): 6 cfs out of an unnamed tributary of Walton Creek at a point N 82 deg., 58’E 17,850 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (3) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 14 (Priority No. 45B): 49 cfs out of Storm King Creek at a point S 83 deg., 25’E 22,850 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M., (4) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 15 (Priority No. 45C): 14 cfs out of Beaver Creek at a point S 86 deg., 32’E 26,510 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (5) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 16 (P.N. 45D): 70 cfs out of an unnamed tributary of Walton Creek at a point S 61 deg., 02’W 589 feet to the NE corner of Sec. 26, T5N, R82W, 6th P.M., (6) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 17 (P.N.. 45E): 52 cfs out of an unnamed tributary of Fish Creek at a point S 68 deg., 26’E 24,640 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M., (7) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 18 (Priority No. 45F): 30 cfs out of an unnamed tributary of Fish Creek at a point S 59 deg., 00’E 20,570 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (8) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 19 (Priority No. 45G): 70 cfs out of Fish Creek at a point S 37 deg., 03’E 18,800 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M., (9) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 20 (Priority No. 45H): 130 cfs out of the Middle Fork of Fish Creek at a point N 36 deg., 02’E 27,260 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (10) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 21 (P.N. 45I): 12 cfs out of an unnamed tributary of the Middle Fork of Fish Creek at a point S 33 deg., 25’E 26,910 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. (11) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 22 (P.N. 45J): 75 cfs out of Harrison Creek at a point S 65 deg., 25’E 4,610 feet to the SW corner of Sec. 31, T5N, R82W, 6th P.M., (12) Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 23 (Priority No. 45K): 50 cfs out of an unnamed tributary of Harrison Creek at a point N 65 deg., 25’E 6,045 feet to the SW corner of Sec. 31, T5N, R82W, 6th P.M., (13) Four Counties Ditch No. 3, Enlargement and Extension (Priority No. 45L): 138 cfs from surface and ground flows along Four Counties Ditch No. 3, Enlargement and Extension, from Headgate No. 9 to Headgate No. 21 in Water Dist. 58, other than at points of diversion described in decrees for Headgates No. 9-21 at or above 9,567 ft. above sea level., (14) Four Counties Ditch No. 3, Enlargement and Extension (P.N. 45M): 162 cfs from surface and ground flows along Four Counties Ditch No. 3, Enlargement and Extension, in Water Dist. 58, between Rabbit Ears Reservoir and Headgate No. 23, other than at points of diversion described in decrees for Headgates No. 22 through 23 at or above 9,500 feet above sea level. (c) Bear Reservoir: 11,614.2 a.f., Priority Date September 30, 1961, P.N. 52A in Water Dist. No. 58, C.A. No. 3538, Routt County Dist. Court, Decree: 3/30/64, amended 11/4/1968. Source: Yampa River and tributaries. Use: Irrigation, stock, domestic, municipal, industrial, piscatorial and recreational. Point of Diversion: At a point on the right abutment of dam from said reservoir whence the W1/4 corner Sec. 32, T4N, R84W 6th P.M. bears S 47 deg., 35’ W at a distance of 4,633 feet. Location: SE1/4 Sec. 29, T4N, R84W, 6th P.M. (d) Bear Reservoir Enlargement: 22,105.8 a.f., Priority Date October 21, 1971, Decree entered in Case No. W-414-72, W.D. No. 6 on 10/29/73. Source: Yampa River and tributaries. Use: Water storage. Location: The dam is located in the SW1/4SE1/4, Sec. 29, T4N, R84W, 6th P.M. The reservoir will inundate portions of Sections 29, 30, 31 and 32, T4N, R84W, portions of Sec. 36 T4N, R85W, and portions of Sec. 1, T3N, R85W, 6th P.M. The southern terminus of the dam embankment at the right abutment is located 269.15 feet N 77 deg., 57’ E of the S1/4 corner of Section 29. The centerline of the dam bears N 18 deg., 30’ E from said southern terminus at the right abutment a distance of 800 feet. All bearings are referenced to the S line of Sec. 29 which bears N 87 deg., 14’59” W. (e) Pleasant Valley Reservoir: 40,720 a.f. out of 43,220 a.f. conditionally decreed, Priority Date: June 29, 1959, Priority No. 39A, Water Dist. No. 58, C.A..3926, Routt County Dist. Court, as modified by decree and entered in Case No. W0-946-76, Water Division No. 6 granting alternate places of storage. Source: Yampa River tributaries. Use: Irrigation, domestic, stock watering, municipal, industrial and power. Location: Alternate points of diversion are located as follows: Alternate Storage Location No. 1: Woodchuck Reservoir: The intersection of the centerline axis of said dam and the left abutment thereof being located at a point whence the SW corner of Sec. 30, T4N, R84W, 6th P.M., bears S 66 deg., 30’ W a distance of 16.660 feet. Alternate Storage Location No. 2: Yamcolo Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a point whence the W1/4 corner of Sec. 16, T1N, R86W, 6th P.M., bears N 41 deg., 53’ E a distance of 873 feet. Alternate Storage Location No. 3: Bear Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a point whence the W1/4 corner of Sec. 32, T4N, R84W, 6th P.M., bears S 47 deg., 35’ W a distance of 4633 feet. (f) Pleasant Valley Feeder Canal: 300 cfs, Priority Date: 6/29/59, Priority No. 39, Water District No. 58, C.A. 3926, Routt County District Court, as modified by decree and entered in Case No. W-946-76, W.D. No. 6 granting alternate places of storage. Source: Walton Creek and McKinnis Creek. Use: irrigation, domestic, stock watering, municipal, industrial and power. Location: Alternate points of diversion are located as follows: Alternate Storage Location No. 1: Woodchuck Reservoir: The intersection of the centerline axis of said dam and the left abutment thereof being located at a point whence the SW corner of Sec. 30, T4N, R84W, 6th P.M., bears S 66 deg., 30’ W a distance of 16,600 feet. Alternate Storage Location No. 2: Yamcolo Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a point whence the E1/4 corner of Sec. 16, T1N, R86W, 6th P.M., bears N 41 deg., 53’ E a distance of 873 feet. Alternate Storage Location No. 3: Bear Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a point whence the W1/4 corner of Sec. 32, T4N, R84W, 6th P.M., bears S 47 deg., 35’ W a distance of 4633.0 feet. (g) On 5/24/94, this Court entered its decree in Case No. 92-CW-26 declaring absolute the following described water rights: (1) Headgates No. 5 and 6, Four Counties Ditch No. 1: Four Counties Ditch No. 1, Headgate No. 5 (P.N. 40B): Amt. decreed absolute, 10 cfs, leaving 30 cfs continuing conditional Four Counties Ditch No. 1, Headgate No. 6 (Priority No. 40A): Amt. decreed absolute: 11 cfs, leaving 29 cfs continuing conditional, (2) Headgates No. 7 and 8, Four Counties Ditch No. 3: Four Counties Ditch No. 3, Headgate No. 8 (Priority No. 40E): Amt. decreed absolute: 36 cfs, leaving 174 cfs continuing conditional, Four Counties Ditch No. 3, Headgate No. 7 (Priority No. 40F): Amt. decreed absolute: 26 cfs, leaving 104 cfs continuing conditional, (3) Bear Reservoir: Amt. decreed absolute: 11,614.28 a.f., (4) Pleasant Valley Reservoir, Amt. decreed absolute: 20,854 a.f., leaving 19,866 a.f. continuing conditional; (h) on 10/29/97, this Court entered its decree in Case No. 95CW116 declaring absolute the following described water rights: Headgates No. 3 and 4, Four Counties Ditch No. 3 and Headgates No. 10, 11 and 12, Branch of Four Counties Ditch No. 3. (1) Four Counties Ditch No. 3, Headgate No. 3 (Priority No. 40J): Amt. decreed absolute: 18 cfs, leaving 2 cfs continuing conditional, (2) Four Counties Ditch No. 3, Headgate No. 4 (PN. 40I): Amt. decreed absolute: 13 cfs, leaving 2 cfs continuing conditional, (3) Branch of Four Counties Ditch No. 3, Headgate No. 10 (Priority No. 40M): Amt. decreed absolute: 7 cfs, leaving 8 cfs continuing conditional, (4) Branch of Four Counties Ditch No. 3, Headgate No. 11 (Priority No. 40L): Amt. decreed absolute: 9 cfs, leaving 16 cfs continuing conditional, (5) Branch of Four Counties Ditch No. 3, Headgate No. 12 (Priority No. 40K). Amt. decreed absolute: 21 cfs, leaving 14 cfs continuing conditional. (i) On 12/9/97, the District conveyed certain of the water rights described in this Application to the City, the owner of Fish Creek Reservoir: (1) Four Counties Ditch No. 1, Headgate No. 5 (P.N. 40B): 30 cfs (conditional), (2) Four Counties Ditch No. 1, Headgate No. 6 (P.N. 40A): 29 cfs (conditional), (3) Four Counties Ditch No. 1, Headgate No. 7 (P.N. 40): 50 cfs (conditional), (j) The City water rights are excluded from this Application. On 9/5/03 in Case No. 01CW41, W.D. No. 6, this Court entered a Decree changing the conditional rights that are the subject of this Application to add and include as beneficial uses, approp. rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses. In addition, the Court confirmed that the conditional water rights described in this Application were part of an integrated portfolio and system of water rights. (k) On 11/30/06, Applicant applied to the Court in Case No. 06CW43, W.D. No. 6, to make absolute certain of the conditional water rights described in this Application. During the diligence period, the District continued operation of the Stagecoach Reservoir Project as described in the Application. The Upper Yampa District staff, board members and consultants have participated in activities involving the Recovery Program for endangered species in the Upper Yampa Basin, including consideration of the need for flows and habitats to recover the endangered fish and delist them as endangered species, and further including most recently development of the Management Plan for Endangered Fishes in the Yampa River Basin and Environmental Assessment dated September 2004. These efforts support the future use and development of the conditional rights subject to this Application. The District also has appeared in numerous water cases to protect and preserve from injury the conditional water rights that are subject to this Application. The District expended in excess of $100,000 on legal and engineering expenses for such activities. (d) Pending Projects Involving Conditional Water Rights. During the diligence period, the District has engaged in engineering and environmental analysis for projects involving the conditional water rights, including the enlargement of Stagecoach Reservoir by raising the spillway crest, the diversion of water from Morrison Creek to Stagecoach Reservoir, and the construction of a reservoir on Morrison Creek. All applicable engineering and environmental studies have been completed for an application to the Federal Energy Regulatory Commission (FERC) for a license amendment in order to complete this project. This license amendment was submitted on December 28, 2006 and is currently under review. The District to date has incurred costs of over $197,000 in engineering studies and design work for this project. Environmental assessments associated with the project, including wetland studies and permitting, have cost approximately $24,000. The enlargement to Stagecoach Reservoir will be filled using the conditional water rights that are the subject of this Application, in whole or in part. Engineering analysis of the potential to divert water from the Morrison Creek Drainage to Stagecoach Reservoir was conducted from 2003 to 2005. Diversion sites, open channel and pipe routes were evaluated along with stability analysis of the Little Morrison Creek drainage channel. The studies associated with this diversion cost approximately $45,000. In 2006 the District began analysis of the potential to construct a reservoir on Morrison Creek itself. Aerial mapping, topographic analysis and preliminary hydrology have identified a potential reservoir site of up to 5,000 a.f. The District has incurred costs of approx. $14,000 on the potential Morrison Creek reservoir. The conditional water rights will be used as a source of water for these projects, or the conditional water rights are part of an integrated portfolio and system which includes water rights decreed for use in the projects described above. As originally decreed, the point of diversion of the conditional water rights listed in this application are located on land owned by: U.S. Forest Service, Routt National Forest, 925 Weiss Drive, Steamboat Springs, Colorado 80487. Except as amended herein, the Application as filed March 28, 2007 remains unchanged.

You are hereby notified that you will have until the last day of JANUARY, 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.

ROUTT COUNTY COMBINED COURT

WATER DIV. 6

/s/ _Guyla Littlehorn_________________

By: Court Judicial Assistant

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