Www.courts.state.co.us



DISTRICT COURT, WATER DIVISION 6, COLORADOTO ALL PERSONS INTERESTED IN WATER APPLICATIONSIN WATER DIVISION 6Pursuant 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 Division 6, during the month of December, 2017.2017CW14, Dewayne Zimmerman, MOFFAT COUNTY, APPLICATION FOR ABSOLUTE WATER RIGHTS (SURFACE). 1. Name, mailing address,email address, telephone number of applicant: Dewayne W. Zimmerman and Janelle L. Berner, 43637 N. Highway 13, Craig CO 81625, dwzimm1@ and luannebelle@, 970-824-5824 2. Names of Structures: A. ZimBer Pump, pump diversion B. Amy Pumb Station Enlargement, pump diversion.: 3. Legal Descriptions: A: UTM Coordinates: Easting: 0290504, Northing: 4506353, Zone 13, B: Easting: 290618.1, Northing: 4506341.3, Zone 13. Both Structures Street Address: 43637 N. Hwy 13, Craig, CO 81625. Source of UTM’s: Hand-held Garmin GPS, Accuracy of location:+/-27 feet. Legal Description: Both structures are located SE4, NE4,in Township 8, Range 90, of the 6th Prime Meridian, in Moffat County, Colorado and are depicted on the filed map. Source of PLSS information: Moffat County Assessor mapping and GIS information website. 4. Source of Water: Both Structures: Fortification Creek of the Yampa River. 5. Both Structures Date of appropriation: 10/28/2016, How appropriation was initiated: Purchase of land and water rights, Structure B: Date water applied to beneficial use: 05/28/17. 6. Structure A: Amount claimed in cubic feet per second (cfs): Absolute 1 cfs. Structure B: Absolute 3.68. 7. Both Structures: Proposed Uses: Irrigation. A. If irrigation, complete the following: Number of acres proposed to be irrigated 30. Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? No. Legal description of irrigated acreage. Both Structures: Township 8 North, Rage 90 West of the 6th P.M., Section 3: Lots 7, 8, and 9 and that portion of the SW1/4 NE ? and Lots 2 and 6 lying West of the West Right-of-Way line of State Highway #13-787, said right of way being described in Book 74 at Page 562 of the records of the Moffat County Clerk and Recorder. 8. Name and address of owner of the land: Applicant. 9. Structure B: Remarks or any other pertinent information: The original and current Amy Pump Station is a multi-state pump which is powered by a 30 horsepower electric motor that operates at 1800 rpm. At 1800 rpm this pump puts out 2100 gpm, or 4.68 cfs. The plan is to irrigate the original 114 acres as planned for in the original appropriation dated June 15, 1965. 2017CW15 ROUTT COUNTY. Application for Absolute Surface Rights. Applicant: Amy and Derek Morris; 1548 Conestoga Lane Steamboat Springs Co 80487; 9708191831 and 9708194124. Name of Structure: Morris Spring. UTM Coordinates: E343214, N4484488, Zone 13, Subdivision; Pioneer Village F2 Lot 17. Source of UTMs: GIS. Legal Description: SW4, NE4, sec 7, T 6N, R 84W, 6th PM. Distance from section lines: 1060 ft from N and 2077 ft from E. Street address: 1548 Conestoga Lane Steamboat Springs Co 80487. Source: underground spring. Date of Appropriation: November 2001. How Appropriated: Digging for house foundation. Date water applied to use: June 1, 2001; purchase lot August 7, 2001. Amount claimed: Absolute .4166gpm. Uses: water lawn, flowers on property. If Irrigation- 0 acres historically irrigates; proposed to be irrigated .11. Applicant does not intend to use this water right to supplement irrigation on an area of land already irrigated under another water right. Landowner: Applicants. Other Information: Right now, water runs into ditch alongside Conestoga Circle.2017CW3040, Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Philip Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-mail: philip.lopez@. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN MOFFAT COUNTY, COLORADO. 2. Name of water right: MERGEFIELD WBName \* MERGEFORMAT Fourmile Creek Instream Flow Water Right. 3. Legal Description: The MERGEFIELD WBName \* MERGEFORMAT Fourmile Creek Instream Flow Water Right is located in the natural stream channel of MERGEFIELD WBName \* MERGEFORMAT Fourmile Creek from its MERGEFIELD UTDesc \* MERGEFORMAT headwaters to the MERGEFIELD LTDesc \* MERGEFORMAT Norma Ryan Ditch headgate, a distance of approximately MERGEFIELD SegLen \* MERGEFORMAT 3.13 miles. A map depicting the approximate location of the MERGEFIELD WBName \* MERGEFORMAT Fourmile Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Fourmile Creek Headwaters in the Vicinity of: 1. UTM: Northing: MERGEFIELD UTNorth \* MERGEFORMAT 4520769.45; Easting: MERGEFIELD UTEast \* MERGEFORMAT 296207.17 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude MERGEFIELD UTLat \* MERGEFORMAT 40° 48' 45.55"N and longitude MERGEFIELD UTLong \* MERGEFORMAT 107° 24' 58.47"W B. Downstream Terminus: MERGEFIELD LTDesc \* MERGEFORMAT Norma Ryan Ditch Headgate: 1. UTM: Northing: MERGEFIELD LTNorth \* MERGEFORMAT 4523918.74; Easting: MERGEFIELD LTEast \* MERGEFORMAT 292918.30 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude MERGEFIELD LTLat \* MERGEFORMAT 40° 50' 24.62"N and longitude MERGEFIELD LTLong \* MERGEFORMAT 107° 27' 22.49"W C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: MERGEFIELD source \* MERGEFORMAT Fourmile Creek, tributary to Little Snake River, tributary to Yampa River, tributary to Green River. 5. A. Date of initiation of appropriation: MERGEFIELD ApprDate \* MERGEFORMAT January 24, 2017. B. How appropriation was initiated: Appropriation and beneficial use occurred on MERGEFIELD ApprDate \* MERGEFORMAT January 24, 2017, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2017). C. Date applied to beneficial use: MERGEFIELD ApprDate \* MERGEFORMAT January 24, 2017. 6. Amount of water claimed: Instream flow of MERGEFIELD FlowAmount \* MERGEFORMAT 0.41 cfs (08/01 - 03/31), 1.3 cfs (04/01 - 04/30), 3.8 cfs (05/01 - 06/30), and 0.97 cfs (07/01 - 07/31), absolute. 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2017), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3), C.R.S. (2017). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2017). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. 9. Remarks: This appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to sections 37-92-102(3) & (4) and 37-92-103(3), (4) & (10), C.R.S. (2017). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2017 MERGEFIELD FinalDate \* MERGEFORMAT , the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2017), that the natural environment of MERGEFIELD WBName \* MERGEFORMAT Fourmile Creek will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without material injury to water rights.2017CW3041 (03CW37) Application for a Finding of Reasonable Diligence 1. Applicant: MPDP Financial, LLC, 2262 Shoreside Drive. Berthoud, CO 80513. Direct all pleadings to: Cynthia F. Covell and Andrea L. Benson, Alperstein & Covell P.C., 1600 Broadway, Suite 1070, Denver, CO 80202, 303-894-8191. 2. Name of structures: Hofmann Pond No. 1, Hofmann Pond No. 2, Hofmann Pond. No. 3, Hofmann Pond No. 4, Hofmann Pond No. 5, Hofmann Pond No. 6, and No Name Creek Ditch. 3. Describe conditional water right. A. Hofmann Pond No. 1. i. Location: The pond is located on the No Name Creek in the S ? of the NE ? of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. The outlet from Pond No. 1 discharges to the No Name Creek at a point approximately 1,604 feet west and 1,427 feet south of the northeast corner of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. The attached Figure 1 shows the approximate location of Hofmann Pond No. 1 and the other five (5) Hofmann ponds on Applicant’s property. Ii. Appropriation Date: August 22, 2002. iii. Amount: 54.15 acre-feet, conditional with the right to fill and refill. iv. Use: Domestic (one existing residence, one potential future residence, and up to one acre of landscaping and gardens), irrigation, aesthetic, piscatorial, stock watering, fire protection, recreational, storage, wildlife and fisheries, augmentation, and dust suppression. The proposed irrigation use on the Applicant’s property is shown in Figure 2. v. Name and location of sources: No Name Creek, tributary to the South Fort of Michigan River, tributary to the North Platte River. B. Hofmann Pond No. 2. i. Location: The pond is an off-channel pond location in the NW ? of the NE ? of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. The pond was excavated below the natural ground and has no fam embankment. The outlet from Pond No. 2 discharges to a point that is approximately 250 feet west of the South Fork of the Michigan River, or 1,514 feet west and 821 feet south of the northeast corner of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. Pond No. 2 filler ditch headgate is located on No Name Creek at a point approximately 1,821 feet west and 1,259 feet south of the northeast corner of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. ii. Appropriation Date: June 1, 2001. iii. Amount: 10.3 acre-feet, conditional with the right to fill and refill. The rate of diversion for filling Hofmann Pond No. 2 is 5.0 cfs, conditional. iv. Use: Irrigation, aesthetic, piscatorial, stock watering, augmentation, fire protection, recreational, storage, wildlife and fisheries, and dust suppression. The proposed irrigation use on the Applicant’s property is shown in Figure 2. v. Name and location of sources: No Name Creek, tributary to the South Fort of Michigan River, tributary to the North Platte River. C. Hofmann Pond No. 3. i.Location: The pond is located on the No Name Creek in the NW ? of the NE ? of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. The outlet from Pond No. 3 discharges to the No Name Creek at a point approximately 2,261 feet west and 667 feet south of the northeast corner of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. ii. Appropriation Date: August 22, 2002. iii. Amount: 4.15 acre-feet, conditional with the right to fill and refill. iv. Use: Irrigation, aesthetic, piscatorial, stock watering, fire protection, recreational, storage, wildlife and fisheries, augmentation, and dust suppression. The proposed irrigation use on the Applicant’s property is shown in Figure 2. v. Name and location of sources: No Name Creek, tributary to the South Fort of Michigan River, tributary to the North Platte River. D. Hofmann Pond No. 4. i. Location: The pond is located on the No Name Creek in the SW ? of the SE ? of Section 4, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. The outlet from Pond No. 4 discharges to the No Name Creek at a point approximately 2,433 feet west and 709 feet north of the southeast corner of Section 4, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. ii. Appropriation Date: September 1, 2000. iii.Amount: 2.7 acre-feet, conditional with the right to fill and refill. iv. Use: Irrigation, aesthetic, piscatorial, stock watering, fire protection, recreational, storage, wildlife and fisheries, augmentation, and dust suppression. The proposed irrigation use on the Applicant’s property is shown in Figure 2. v. Name and location of sources: No Name Creek, tributary to the South Fort of Michigan River, tributary to the North Platte River. E. Hofmann Pond No. 5. i. Location: The pond is located on the No Name Creek in the SW ? of the SE ? of Section 4, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. The outlet from Pond No. 5 will discharge to the No Name Creek at a point approximately 2,200 feet west and 1,087 feet north of the southeast corner of Section 4, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. ii. Appropriation Date: June 1, 1976. iii. Amount: 1.1 acre-feet, conditional with the right to fill and refill. iv. Use: Domestic, irrigation, aesthetic, piscatorial, stock watering, fire protection, recreational, storage, wildlife and fisheries, augmentation, and dust suppression. The proposed irrigation use on the Applicant’s property is shown in Figure 2. v. Name and location of sources: No Name Creek, tributary to the South Fort of Michigan River, tributary to the North Platte River. F. Hofmann Pond No. 6. i. Location: The pond is an off-channel pond located in the SW ? of the SE ? of Section 4, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. The Pond No. 6 filler ditch headgate is located on No Name Creek at a point approximately 1,821 feet west and 1,2559 feet south of the northeast corner of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado. ii. Appropriation Date: July 28, 2003.iii. Amount: 14.0 acre-feet, conditional with the right to fill and refill. Flow rate of 5 cfs. iv. Use: Domestic (one future residence, and up to one acre of landscaping and gardens), irrigation, aesthetic, piscatorial, stock watering, fire protection, recreational, storage, wildlife and fisheries, augmentation, and dust suppression. The proposed irrigation use on the Applicant’s property is shown in Figure 2. v. Name and location of sources: No Name Creek, tributary to the South Fort of Michigan River, tributary to the North Platte River. 4. Pond Specifications:Hofmann Pond. No.Total Storage Capacity (a/f)Active Capacity (a/f)Dead Storage Capacity (a/f)Surface Area at HWL (ac)Max Dam Height (ft)Dam Length (ftt)154.1543.6510.56.28750210.310.10.21.4n/an/a34.14.100.45715042.72.700.43913051.11.100.331095614.010.04.01.010.0200.05. No Name Creek Ditch. A. Legal Description of Point of Diversion: The new direct flow right would divert water from the No Name Creek at a point located approximately 2,322 feet south and 990 feet west of the northeast corner of Section 9, Township 6 North, Range 77 West of the 6th P.M., Jackson County, Colorado, or approximately 550 feet upstream of the proposed Wait Ditch headgate location. B. Source: No Name Creek. C. Date of Appropriation: February 3, 2003. D. Amount: 1.5 cfs, conditional. E. Use: Irrigation of 18.4 acres as shown on Figure 2. 6. 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, during the previous diligence period: A. On October 30, 2017, Applicant MPDP Financial, LLC, acquired the subject property and appurtenant water rights. Prior to that purchase, Applicant or its affiliates conducted due diligence on the water rights, including the Hofmann Pond Nos. 1-6 and No Name Creek Ditch. B. The Hofmann Pond Nos. 1- 6 and No Name Creek Ditch are part of an integrated water system serving an approximately 160-acre parcel of land owned by Applicant (hereinafter “Ranch Property”). The water system serving the Ranch Property includes, but is not limited to, surface and storage water rights and a plan for augmentation. Pursuant to C.R.S. § 37-92-301(4)(b), when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. Upon information and belief, during this diligence period, Applicant’s predecessor undertook the work described in the following paragraphs, all of which is integral and prerequisite to the orderly development of these conditional water rights. 1.The Hofmann Ponds and No Name Creek Ditch have been used for irrigation of the property depicted on Figure 2 attached. In addition, water was stored in the Hofmann Ponds and used for domestic, aesthetic, piscatorial, stock watering, augmentation, fire protection, recreational, storage, wildlife and fisheries and dust suppression purposes. 2. In order to facilitate use of the Ponds and Ditch, Applicant’s predecessor contracted with a property caretaker and manager to perform yearly ditch cleaning and maintenance of the feeder ditches and Ponds on the Ranch Property. In addition, the caretaker and manager maintained and developed the irrigable land on the Ranch Property, including but not limited to removing and maintaining willows and trees and irrigation of the property. Applicant’s predecessor incurred approximately $42,000.00 per year in costs to complete these projects. 3. A former owner of the subject water right and Ranch Property, Gerhard H. Weiler as trustee under the Gerhard H. Weiler Declaration of Trust, passed away in January, 2013. One month later, the Ranch Property caretaker/manager, Hal Hagan, passed away. Both gentlemen were primarily responsible for and maintained the records for the operation and maintenance of the Ranch Property and water rights, and such documentation has been difficult to locate since their passing. Thus, Applicant has limited documentation of the diversion, storage and use of the subject water rights and therefore seeks in this case only a finding of diligence for the subject water rights rather than a claim to make any portion of them absolute. 7. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool.Applicant. 8. Timing of this Application. The decree for the subject conditional water rights entered on September 4, 2007. Section 37-92-301(4)(a)(I), C.R.S. provides “[i]n every sixth calendar year after the calendar year in which a?water?right is conditionally decreed, . . . the owner or user thereof, if such owner or user desires to maintain the same, shall file an application for a finding of reasonable?diligence, orsaid?conditional?water?right shall be considered abandoned.” However, “[p]rior to the cancellation or expiration of a?conditional?water?right granted pursuant to a?conditional?decree, the court . . . shall give notice, within not less than sixty-three days nor more than ninety-one days, by certified or registered mail to all persons to whom such?conditional?right was granted, at the last-known address appearing on the records of such court.” C.R.S. § 37-92-305(7).?“[T]he water court may not cancel a conditional water right and the conditional water right does not expire without first providing notice of cancellation or expiration under section 305(7).” Double RL Co. v. Telluray Ranch Props., 54 P.3d 908, 912 (Colo. 2002). No notice of cancellation has been provided by the court to the Applicant, or its predecessor to the best of Applicant’s knowledge, at the last-known address appearing on the records of the court. Therefore, this Application is timely filed. Id. WHEREFORE, Applicant having demonstrated that it and its predecessors steadily applied effort to complete the appropriation of these water rights in a reasonably expedient and efficient manner under all the facts and circumstances, respectfully requests this Court to find that the Applicant has exercised reasonable diligence in putting to beneficial use the water rights conditionally decreed and to continue the conditional decree for another six years, or such period as may otherwise be permitted by law.2017CW3042 ROUTT COUNTY. APPLICATION FOR A SIMPLE CHANGE IN A SURFACE POINT OF DIVERSION. 1. Name and Address of Applicant: City of Steamboat Springs (the “City”), Attn: Kelly Romero-Heaney, Water Resources Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings should be directed to: Steven J. Bushong and Karen L. Henderson; Porzak Browning & Bushong LLP; 2120 13th Street; Boulder, CO 80302; (303) 443-6800. 2. Overview: The pond known as Casey’s Pond was originally constructed in or around 1910 by the Routt County Resort Fish and Strawberry Company. The Company was decreed the right to divert 2 cfs through the Hoyle & Knight Ditch out of Fish Creek to fill and refill three ponds. However, to accommodate development between Fish Creek and Casey’s Pond, a point of diversion off of Burgess Creek was approved for the Hoyle & Knight Ditch water right by the Water Court in 1978. Years later, the two smaller ponds that first received the Hoyle & Knight Ditch water and historically passed that water to Casey’s Pond were filled in as part of the development of the Casey’s Pond Senior Living Community. Therefore, the City is requesting the right to move the decreed point of diversion approximately 930 feet downstream to the existing point of diversion into Casey’s Pond. This change is needed to protect Casey’s Pond and ensure that the decreed location matches the actual point of diversion. 3. Description of the Water Right: 3.1. Name of Water Right: Enlargement of the Hoyle & Knight Ditch (Priority 189a). 3.2. Name of Structure: Casey’s Pond. 3.3. Original Decree: The Enlargement of the Hoyle & Knight (Priority 189a) was decreed by the Routt County District Court in Civil Action No. 697 on June 13, 1911. 3.4. Decreed Point of Diversion: The Enlargement of the Hoyle & Knight (Priority No. 189a) was decreed the right to divert at the Excelsior No. 1 Alternate Point of Diversion on Burgess Creek by the District Court in and for Water Division No. 6 in Case No. W-959-76, entered on July 12, 1978. 3.4.1. Decreed Location for the Excelsior No. 1 Alternate Point of Diversion on Burgess Creek: SW? of the NE? of Section 28, Township 6 North, Range 84 West of the 6th P.M., at a point on the right bank (north) of Burgess Creek, 1,350 feet from the East section line and 2,550 feet from the North section line. See Exhibit A. 3.4.2. Source: Burgess Creek. 3.5. Appropriation Date: May 14, 1910. 3.6. Adjudication Date: June 13, 1911. 3.7. Amount: 2 cfs, absolute, with the right to fill and refill. 3.8. Use: The culture and propagation of fish, and, as added in Case No. W-959-76, recreational purposes. 3.9. Place of Use: A pond known as Casey’s Pond that is in the SW? of the NE? of Section 28, Township 6 North, Range 84 West of the 6th P.M. 4. Description of the Proposed Change in Point of Diversion: 4.1. Proposed New Point of Diversion. The headgate into Casey’s Pond is in the SW? of the NE? of Section 28, Township 6 North, Range 84 West of the 6th P.M., Routt County, CO. The UTM Coordinates associated with this location are NAD 83, Zone 13, Easting: 346147, Northing: 4479404 (based on a handheld GPS, Garmin GPS Map 64st). See Exhibit A. 4.1.1. Remark: Casey’s Pond is an on-channel pond on Burgess Creek, but it has a headgate that allows water to be directed around the pond if needed for maintenance or other purposes. 4.2. Simple Change in Surface Point of Diversion. The requested change meets the definition of simple change in a surface point of diversion as described in C.R.S. §37-92-305(3.5). The proposed change does not include any other changes and there are no intervening surface diversion points or inflows between the new point of diversion and the current decreed point of diversion, as defined in C.R.S. §37-92-305(3.5)(a)(I). As such, the requested change will not injuriously affect any vested water right or decreed conditional water rights. The requested change will also not result in any increased consumptive use because the City will continue to utilize the water right in Casey’s Pond. (4 pages + exhibits).2017CW3043 ROUTT COUNTY. APPLICATION FOR AN ABSOLUTE WATER STORAGE RIGHT AND AN APPROPRIATIVE RIGHT OF EXCHANGE. 1. Name and Address of Applicant: City of Steamboat Springs (the “City”), Attn: Kelly Romero-Heaney, Water Resources Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings should be directed to: Steven J. Bushong and Karen L. Henderson; Porzak Browning & Bushong LLP; 2120 13th Street; Boulder, CO 80302; (303) 443-6800. 2. Overview: The City seeks an absolute storage right for Casey’s Pond for irrigation, aesthetics, piscatorial, recreation, and storage purposes, along with a conditional appropriative right of exchange for irrigation, recreation, fishery, aesthetic, storage, and replacement of evaporation losses. 3. Description of the Storage Water Right: 3.1. Name of Water Right & Structure: Casey’s Pond. 3.2. Legal Descriptions: Casey’s Pond is in the SW? of the NE? of Section 28, Township 6 North, Range 84 West of the 6th P.M., Routt County, CO, with the outlet structure more specifically located at the following UTM Coordinates: NAD 83, Zone 13, Easting: 346054 Northing: 4479574 (based on a combination of aerial imagery and a handheld GPS, Garmin GPS Map 64st). See Exhibit A. 3.2.2. Remarks: 3.2.2.1. The water that goes through the outlet structure travels approximately 220 feet in a culvert underneath Highway 40 and is discharged into the Yampa River at a point that has the following UTM Coordinates: NAD 83, Zone 13, Easting: 345987, Northing: 4479576 (based on a handheld GPS, Garmin GPS Map 64st). 3.2.2.2. Casey’s Pond is an on-channel pond on Burgess Creek, but it has a headgate that allows water to be directed around the pond if needed for maintenance or other purposes. The headgate into Casey’s Pond has the following UTM Coordinates: NAD 83, Zone 13, Easting: 346147, Northing: 4479404 (based on a handheld GPS, Garmin GPS Map 64st). See Exhibit A. 3.3. Sources of Supply: 3.3.1. Burgess Creek, precipitation, and surface runoff, which are tributary to the Yampa River. 3.3.2. Any water discharged from the Steamboat Ski & Resort Corporation’s pipeline into Casey’s Pond, which said pipeline takes its supply from the Yampa River at or near UTM Coordinates: NAD 83, Zone 13, Easting: 345978, Northing: 4479562. Water is discharged from the pipeline into Casey’s Pond at the Steamboat Ski & Resort Corporation’s sole discretion. 3.4. Appropriation Date: June 5, 1991, which is the date construction on the City’s pumphouse on Casey’s Pond was completed for irrigation use and accepted by the City. The water was first used in or about the fall of 1992. 3.5. Amount: 30.3 acre-feet, absolute, with a right to continuously fill and refill up to an additional 30.3 acre-feet. 3.6. Use: Irrigation, aesthetics, piscatorial, recreation, and storage. 3.7. Place of Irrigation Use: The City irrigates 11.3 acres of land as shown on Exhibit A, which includes, but is not limited to, Ski Town Park, land within and around the tennis complex, around the fire station, certain Highway 40 medians, and other land near Casey’s Pond. The City’s pumphouse off Casey’s Pond has the following UTM Coordinates: NAD 83, Zone 13, Easting: 346092, Northing: 4479575 (based on aerial imagery). The maximum pump rate is 0.45 cfs (200 gpm). 3.8. Pond Dimensions: 3.8.1. Surface Area: approximately 5.3 acres. 3.8.2. Total Capacity: estimated to be about 53 acre-feet. 3.8.3. Maximum Vertical Height of Dam: N/A, excavated pond. 3.8.4. Length of Dam: N/A, excavated pond. 3.9. Other Water Right Decreed to the Structure: The Enlargement of the Hoyle & Knight (Priority 189a) was decreed for 2 cfs with the right to fill and refill Casey’s Pond, by the Routt County District Court in Civil Action No. 697 on June 13, 1911, subject to the change in point of diversion decreed in Case No. W-959-76, and a further requested change in point of diversion by the City and filed with the Water Court concurrent with this Application. It has an appropriation date of May 14, 1910. This water right can be used for the culture and propagation of fish and for recreational purposes. 4. Appropriative Right of Exchange: 4.1. Exchange Reach: Water will be released from Stagecoach Reservoir, delivered down the Yampa River to the exchange from point, and then exchanged from the Yampa River up a small section of Burgess Creek that is inside a culvert and into Casey’s Pond, which has the legal descriptions described in paragraph 3.2 above and sources of supply described in paragraph 3.3 above. 4.1.1. Exchange From Point: The exchange from point is on the Yampa River near the point where water from Casey’s Pond is discharged into the Yampa River, as described in paragraph 3.2.2.1. above. The UTM Coordinates for this point are NAD 83, Zone 13, Easting: 345980, Northing: 4479577 (based on aerial imagery). 4.1.2. Exchange To Point: Casey’s Pond, the approximate middle of which has UTM Coordinates NAD 83, Zone 13, Easting: 346102, Northing: 4479503 (based on aerial imagery). 4.2. Source of Supply: Water released from Stagecoach Reservoir into the Yampa River pursuant to the City’s contract with the Upper Yampa Water Conservancy District, as it exists now or as it may be modified in the future. The Stagecoach Reservoir dam is located on the Yampa River in the SW? of the SE? of Section 29, Township 4 North, Range 84 West, 6th P.M. The water rights decreed for storage in Stagecoach Reservoir are described in decrees entered by the Routt County District Court on September 22, 1892 and September 20, 1906, and in CA-2475, CA-3538, and CA-3926, as well as by the Water Court in and for Water Division No. 6 in Case Nos. W-1091-76, W-946-76, W-414-72, 92CW26, 94CW149, 95CW78, 95CW116, 97CW84, 01CW41, or such other decrees as may be adjudicated in the future. The water rights that can be stored in Stagecoach Reservoir are decreed for some or all of the following uses: municipal, industrial, domestic, irrigation, stock watering, power generation, recreational, fishery, evaporation, mining, aesthetic purposes, exchange, and augmentation. 4.3. Exchange Rate: The maximum rate of exchange is 0.48 cfs, conditional. 4.4. Appropriation Date: December 27, 2017. Appropriation was initiated by filing this application. 4.5. Uses: Irrigation, recreation, fishery, aesthetic, storage, and replacement of evaporation losses. 4.6. Remarks: The exchange allows the City to exchange water from Stagecoach Reservoir into Casey’s Pond for the beneficial uses described in paragraph 4.5 above, when the storage right described in paragraphs 3.1-3.8 above and/or the Enlargement of the Hoyle & Knight Ditch (Priority No. 189a), described in paragraph 3.9 above, are not available. (5 pages + exhibits)2017CW3044 MOFFAT COUNTY -- Application for Conditional Surface Water Rights and Conditional Water Storage Rights and Approval of Plan for Augmentation. Applicants: (1) State of Colorado, acting by and through its State Board of Land Commissioners, 1127 Sherman St., Denver, CO 80203, and (2) Colowyo Coal Company L.P., 5731 State Highway 13, Meeker, CO 81641, Tele: (970) 824-1573. Copies of all pleadings to: (1) Attorneys for State of Colorado, acting by and through its State Board of Land Commissioners: Cynthia H. Coffman, Attorney General, Virginia Sciabbarrasi (counsel of record), Asst. Attorney General, Ralph L. Carr Colorado Judicial Center, 1300 Broadway, 7th Floor, Denver, Colorado 80203, Tele: (720) 508-6253 (Sciabbarrasi), Email: ginny.sciabbarrasi@; and (2) Attorneys for Colowyo Coal Company L.P.: Roger Williams, Tri-State Generation and Transmission Ass’n, Inc., 1100 W. 116th Avenue, Westminster, CO 80234, Tele: 303-254-3218, Email: rwilliams@, and Gail L. Wurtzler and Emily L. Wasserman, Davis Graham & Stubbs LLP, 1550 Seventeenth St., Ste. 500, Denver, CO 80202, Tele: 303-892-9400, Email: gail.wurtzler@ and emily.wasserman@. 1. Name of Reservoirs: (1) Section 36 Pond; (2) Middle Pond; and (3) Coal Stockpile Pond. 2. Legal description of location of dam centerlines and/or ponds (NAD 1983 UTM Zone 13 North):Pond NameEasting (m)Northing (m)QtrQtrSectionTownshipRangeSection 36 Pond254479 4462882NENW36 (USGS Stn’d Quad)4N94WSENW36 (As Resurveyed)Middle Pond2544764463154SESW25 (USGS Stn’d Quad)4N94WNENW36 (As Resurveyed)Coal Stockpile Pond2543154462445SENW36(USGS Stn’d Quad)4N94WNESW36 (As Resurveyed)3. Source: Stormwater and precipitation runoff from Colowyo’s Collom Pit mining area accruing to Little Collom Gulch or Collom Gulch, which are tributary to Morgan Gulch, tributary to Yampa River. These three stormwater ponds will not intercept groundwater. 4. A. Date of appropriation: January 19, 2016 (and November 30, 2016, and December 21, 2016). B. How appropriation was initiated: January 19, 2016 is the date on which the latest draft environmental assessment for the Collom expansion to the Colowyo Mine was issued by the United States Department of the Interior, Office of Surface Mining Reclamation and Enforcement (“OSMRE”) and Bureau of Land Management (“BLM”), for public comment. Notice of the availability of the draft environmental assessment was published in the Rio Blanco Herald Times and the Craig Daily Press, posted in public locations in Craig and Meeker, and posted on OSMRE’s project website. The draft environmental assessment describes the mining plan modification previously submitted by Colowyo to OSMRE and BLM, including details of the components of Colowyo’s mining plan. The described components include stormwater/sediment ponds. The appropriation was initiated on that date by the coincidence of Colowyo’s intent to appropriate these conditional water rights and overt actions manifesting that intent, constituting a substantial step toward completion of the appropriations and giving notice of that intent. On November 30, 2016 and December 21, 2016, notice of appropriation was provided by signs located at the intersection of Moffat County Road 32 and Collom Gulch. C. Date water applied to beneficial use: N/A. 5. Amount claimed: Conditional amounts claimed are set forth below:Name of Storage ReservoirApprox. Design Reservoir CapacitySection 36 Pond5.2 a-fMiddle Pond3.5 a-fCoal Stockpile Pond 8.5 a-fTotal17.2 a-f6. Uses or proposed uses: These three stormwater ponds will intercept and detain stormwater and precipitation runoff in order to meet water quality objectives of Colowyo’s sediment control plan mandated by and approved by the State of Colorado Division of Reclamation, Mining and Safety (“DRMS”). The ponds will collect runoff from areas associated with operations at the Collom Pit and will retain that water for more than seventy-two hours after the end of a precipitation event in order to meet applicable water quality discharge requirements. There may be periods when evaporation will occur from these ponds. The locations of these uses are marked on the USGS topographic map attached to the Application as Exhibit 1. 7. Surface area of high water line in acres and dam height and length for each reservoir:Name of Storage ReservoirApprox. Design Surface Area of High Water LineApprox. Design Vertical Height of DamApprox. Design Length of DamSection 36 Pond0.6 acres26 feet257 feetMiddle Pond0.5 acres27 feet222 feet Coal Stockpile Pond 1.3 acres3 feet266 feetTotal2.4 acres8. Total capacity of reservoirs in acre feet, active capacity and dead storage: Name of Storage ReservoirApprox. Design Reservoir CapacityApprox. Active CapacityApprox. Dead Storage**Section 36 Pond5.2 a-f*5.1 a-f0.1 a-fMiddle Pond3.5 a-f*3.4 a-f0.1 a-fCoal Stockpile Pond 8.5 a-f*0 a-f8.5 a-fTotal17.2 a-f** With the right to fill and refill as required under Colowyo’s DRMS-approved sediment control plan.** Dead storage is the pond volume that is located below any outlet structure.As-built dimensions may vary from the design due to variability in construction or site conditions but the total amount of water held in the three Stormwater Ponds as a group will not exceed the amount sought by this Application. 9. Name(s) and address(es) of owner(s) of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Colowyo Coal Company L.P. or its affiliates, 5731 State Highway 13, Meeker, CO 81641; State of Colorado c/o Colorado State Board of Land Commissioners, 1127 Sherman Street, Denver, CO 80203. 10. Plan for Augmentation: A. Structures to be augmented: (1) Section 36 Pond; (2) Middle Pond; and (3) Coal Stockpile Pond. B. Augmentation supplies: (1) Water diverted or stored in priority by water rights subject to the application in Case No. 16CW3056 (Water Court Division No. 6) or fully augmented underground water subject to the application in Case No. 16CW3056; and (2) If needed, water from the water rights decreed in Case No. W-1122-77 (Water Court Division No. 6) for augmentation in connection with Colowyo’s energy development project. C. Statement of plan for augmentation: The water rights subject to this Application are expected to be in priority most of the time. There is no record of downstream calls in this drainage. In the event that the water rights subject to this Application require augmentation, they will be augmented according to the plan described herein. Until a decree is entered in this case, and if required by the state engineer, these structures will operate under a substitute water supply plan approved by the state engineer under C.R.S. §?3792308(4). The Section 36, the Middle, and the Coal Stockpile Ponds will capture stormwater and precipitation runoff in Little Collom Gulch, Collom Gulch, and the Collom Pit and related mine areas and detain that water until it meets applicable water quality requirements for discharge. The Stormwater Ponds are excavations with embankments of limited height. They will have spillways and permeable bottoms to allow the release and percolation of water. There may be periods when evaporation will occur from the Stormwater Ponds. Colowyo will account for and replace out-of-priority storage and evaporation losses from the Stormwater Ponds. The total amount of stream depletions to Collom Gulch from operation and use of the three Stormwater Ponds is equal to the sum of stream depletions from each of these structures. When the water rights for these structures are out of priority, then the daily amount of stream depletion will be calculated based on the daily depletion from the Stormwater Ponds. This daily net depletion amount will be replaced as described below, subject to aggregated replacements as approved by the Division Engineer. Colowyo will provide replacement water to Little Collom Gulch or Collom Gulch above or at the confluence of these streams and above any calling water right. Replacement water will be provided from one or more of the following sources (in no particular order):i. Direct delivery of in-priority or fully augmented discharge from the Collom Mine Dewatering System to be decreed in Case No. 16CW3056; ii. Direct delivery of in-priority diversions from the Wilson Creek Diversion to be decreed in Case No. 16CW3056; iii.?Direct delivery of in-priority or fully augmented withdrawals from the Collom Supply Wells to be decreed in Case No. 16CW3056; and iv. Releases of previously stored water in the Collom storage facilities which may include water diverted in priority by the Wilson Creek Diversion and/or in-priority or fully augmented water from the Collom Mine Dewatering System or the Collom Supply Wells. To the extent the sources listed above are inadequate to replace out-of-priority depletions of the water rights subject to this Application, Colowyo will provide replacement water either by releases to Milk Creek or by pipeline or other methods to Little Collom Gulch or Collom Gulch under water rights previously decreed in Case No. W-1122-77 for augmentation use in Colowyo’s energy development project. The water now available for augmentation use under these rights totals 1,006 acre-feet/yr, which exceeds both the historic amounts required to be released for augmentation of the junior rights referenced in that decree and the anticipated out-of-priority depletions under the water rights subject to the application in Case No. 16CW3056 and this Application that are not replaced by the sources listed above. Augmentation water available under Case No. W-1122-77 will be delivered at a location upstream from the calling water right: (i) via the Colowyo Pumping Plant and Pipeline or other methods directly to Little Collom Gulch or Collom Gulch or to the Collom storage facilities for later release to Little Collom Gulch or Collom Gulch; or (ii) to Milk Creek and its tributaries at the outlet of Wilson Reservoir. Colowyo will keep records of the measured diversions, calculated out-of-priority depletions, and measured deliveries of replacement water on forms acceptable to the Division Engineer. The final configuration of the Collom Pit area may change, and as a result, the amount of annual replacement water for these three stormwater ponds may change. The stormwater detention pond activity will not change. The methodology for calculating depletions and replacement water for that type of activity or structure will remain the same, but there may be changes in the stormwater or precipitation runoff flows to a specific Stormwater Pond as the configuration of the pit changes. Such changes are anticipated and included in this plan, and no modification or amendment of this plan will be required to adequately address such changes. Any changes to the configuration of these activities and structures as well as any resulting changes in augmentation requirements will be accounted for using forms approved by the Division Engineer. 11. Other pertinent information: A. The State Land Board entered into the Amended and Restated Coal Mining Lease No. CO 257 and the Multiple Use Lease of State Trust Lands No. 20016 with Colowyo. Those leases cover lands where the three stormwater ponds subject to this Application will be located. Among other things, Lease No. CO 257 provides that “any water right where the point of diversion . . . is on the Leased Premises and where the surface is owned by the State . . . must be obtained in the name of and with the consent of the State acting by and through its Board of Land Commissioners.” Lease No. 20016 contains a similar provision. B. The State Land Board will be the owner of the subject water rights in this Application. Colowyo, as its lessee, shall have all rights to administer, use, and manage these water rights in accordance with Lease No. CO 257, Lease No. 20016, or any subsequent agreement with the State Land Board while mining and reclamation are ongoing at the Collom Pit. C. Colowyo owns, controls and operates a large, long-term, complex energy development project including, but not limited to, approximately 140,000 acres in Moffat and Rio Blanco Counties. The entire project is located within the Yampa River Basin, and it encompasses lands within all or most of the drainages of several tributaries to the Yampa River, including, but not limited to, Milk Creek, Good Spring Creek, Taylor Creek, Wilson Creek, Jubb Creek, Little Collom Gulch, Collom Gulch, and Morgan Gulch. D. Colowyo’s energy development project involves multiple staged or phased components including but not limited to several existing and planned surface and/or underground mining facilities to extract coal; buildings; loading and storage facilities; a railroad, roads and other transportation facilities; and an integrated water supply system and each of the pipelines, pumping plants, reservoirs, storage tanks, ponds, equipment, and other structures comprising that water system. While the water rights subject to this Application are being administered, used and managed by Colowyo, they will be part of Colowyo’s integrated water supply system. E. The mine included in Colowyo’s energy development project operates year-round, 24 hours per day, seven days per week. Colowyo currently has eight federal coal leases and two state coal leases encompassing 15,346.96 acres. These leases include the currently active mine area, the Collom Lease, and approximately 273 million tons of surface and underground coal resources to be mined in the future. This coal is only part of the estimated 2.87 billion tons of inventory coal within the Colowyo Logical Mining Unit or LMU (an area of land designated by the U.S. Bureau of Land Management in which the coal can be developed in an efficient, economical, and orderly manner as a unit with due regard for conservation of the coal and other resources). F. Colowyo, as the appropriator of record, has a legally vested interest in the lands and facilities to be served by the appropriations described in this Application. It has a specific plan and intent to divert, store, or otherwise capture, possess, and control the quantity of water described in this Application for the specific beneficial uses described in this Application to support the development of the Collom Lease. The quantity of water appropriated for these three stormwater ponds is physically and legally available. Colowyo’s use of water for the development of the Collom Pit is financially and technically feasible, and sediment control using these stormwater ponds is mandated by and has been approved by DRMS. The coal to be mined is already committed to one or more coal supply contracts for area electric utilities. Colowyo has the interests in land or rights to use land necessary to develop the structures contemplated in this Application. Colowyo already has or it is probable that it can acquire the permits required for construction of the facilities. There are legal processes available for Colowyo to satisfy any contingencies that must be met for the project to be completed and there are no final determinations that preclude Colowyo from doing so. WHEREFORE, Applicants request that the Court enter a decree (i) granting them conditional water rights in the Section 36 Pond, the Middle Pond, and the Coal Stockpile Pond and (ii) determining that this augmentation plan will not injuriously affect the owners of any decreed water rights or conditional water rights and approving the operation of this augmentation plan.2017CW3045, Rio Blanco County, South Fork of the White River. Application for Change of Conditional Water Storage Right. TerraCarta Energy Resources, LLC, c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Water right for which change is sought: South Fork Reservoir. Original decree entered 11/21/66 in CA 1269; subsequent decrees entered in 80CW220, 84CW174, 88CW158, 95CW253, 02CW296 (Div. 5) & 10CW29 (Div. 6). Decreed location: in Sec 21, 22, 23, 24, 25, 26, 27 and 28, T 2 S, R 90 W, 6th PM. The initial point of survey of the high water line of the South Fork Reservoir is located at the intersection of the dam axis with the stream channel of the South Fork of the White River, described as a point whence the NE Corner of Sec 28, T 2 S, R 90 W, 6th PM bears N 50E31’ E a distance of 4,382 ft, which is approx 2,484 ft N of S Sec line and 3,303 ft W of E sec line of said section. Source: South Fork of the White River. Approp. date: 09/14/64. Amount: 85,342.4 af, conditional. Decreed uses: Industrial, domestic, recreational and irrigation. Amount to be changed: 85,342.4 af. Statement of proposed change: Applicant seeks to change the location of storage of the entire South Fork Reservoir water right described above to three alternative reservoir sites. All or a majority of the water will be stored in one of two alternative reservoirs: South Fork Reservoir No. 1 is a proposed reservoir located on the channel of Wolf Creek, which would be filled by pumping water from the White River into the reservoir via South Fork Reservoir No. 1 Pump and Pipeline and by capturing the natural inflow from Divide Creek, Wolf Creek, Middle Fork Wolf Creek, East Fork Wolf Creek, and Coal Creek. South Fork Reservoir No. 2 is a proposed reservoir located on the channel of the White River as described below. South Fork Reservoir No. 1 and South Fork Reservoir No. 2 are each capable of storing the entire 85,342.4 af decreed to this water storage right. Applicant does not intend to construct both reservoirs; rather, Applicant intends to use one of these two alternative sites as the location of storage for up to the entire 85,342.4 af currently decreed to the South Fork Reservoir water storage right. (South Fork Reservoir No. 1 and South Fork Reservoir No. 2 are the same as the Wolf Creek Off-Channel Dam and Reservoir and Wolf Creek Mainstem Dam and Reservoir, which are the subject of the application filed by the Rio Blanco Water Conservancy District in Case No. 14CW3043, Water Div. 6). Applicant also intends to construct an additional reservoir on the channel of Yellow Creek (known as Bar D Reservoir), that will store up to 6,500 af of the water currently decreed to the South Fork Reservoir. Water to fill Bar D Reservoir No. 1 may be diverted directly from the White River at a point described below, or may be initially stored in South Fork Reservoir No. 1 or South Fork Reservoir No. 2 and later delivered via pipeline to Bar D Reservoir. Description of South Fork Reservoir No. 1: Location: The left abutment (looking downstream) of the South Fork Reservoir No. 1 Dam is located in the NW? of the SW? of Sec 23, T 3 N, R 99 W, 6th PM, at a point 1,007 ft E of W sec line of Sec 23 and 1,450 ft N of S sec line of Sec 23, in Rio Blanco County, Colo. Sources: White River, via the South Fork Reservoir No. 1 Pump and Pipeline as described below and natural inflow from Divide Creek, Wolf Creek, Middle Fork Wolf Creek, East Fork Wolf Creek, and Coal Creek, all trib to the White River. Dimensions: Surface area of high water line: 3,106 acres. Vertical height: 122 ft. Length: 3,300 ft. Total capacity of reservoir: 85,342.4 af. Active capacity: 85,342.4 af. Dead storage: None. Structure used to fill reservoir: South Fork Reservoir No. 1 Pump and Pipeline: Location: The diversion point from the White River for the South Fork Reservoir No. 1 is located in the NE? of the SE? of Sec 27, T 3 N, R 99 W, 6th PM, at a point 480 ft W of E sec line of Sec 27 and 2,620 ft N of S sec line of Sec 27, in Rio Blanco County, Colo. Capacity: 400 cfs. Max rate of diversion: 400 cfs. Description of South Fork Reservoir No. 2: Location: The left abutment (looking downstream) of the dam of South Fork Reservoir No. 2 is located in the SW? of the NW? of Sec 34, T 3 N, R 99 W, 6th PM, at a point 390 ft E of W sec line of Sec 34 and 3,730 ft N of S sec line of Sec 34, in Rio Blanco County, Colo. Source: White River. Dimensions: Surface area of high water line: 4,801 acres. Vertical height: 126 ft. Length: 2,500 ft. Total capacity: 85,342.4 af. Active capacity: 85,342.4 af. Dead storage: None. Description of Bar D Reservoir: Location: The left abutment (looking downstream) of the Bar D Reservoir dam is located in the NE? of the NW? of Sec 21, T 1 S, R 98 W, 6th PM, at a point 1,832 ft E of W section line of Sec 21 and 550 ft S of N sec line of Sec 21 in Rio Blanco County, Colo. Source: White River, via Bar D Reservoir Pump and Pipeline. Dimensions: Surface area of high water line: Approx 290 acres. Vertical height: Approx 80 ft. Length: 1,120 ft. Total capacity: 6,500 af. Active capacity: 6,500 af. Dead storage: None. Structure used to fill reservoir: Bar D Reservoir Pump and Pipeline: Location: The diversion point from the White River for the Bar D Reservoir is located in the NE? of the NW? of Sec 2, T 2 N, R 98 W, 6th PM, at a point 1,355 ft E of W sec line of Sec 2 and 1,152 ft S of N sec line of Sec 2, in Rio Blanco County, Colo. Capacity: 70 cfs. Max rate of diversion: 70 cfs. Owners of the land: Bureau of Land Management, State of Colorado, Carroll Davidson Partnership, Ltd, William G. Goosman, The Martz Family Trust, Frank M. Thompson, Oscar Lyman Thompson, 4M Ranch, LLC, Rio Blanco Water Conservancy District, Lenora M. Smuts, TC Landco, LLC. (7 pages)2017CW3046 JACKSON COUNTY. APPLICATION FOR SURFACE WATER RIGHTS AND WATER STORAGE RIGHTS in the North Platte River or its tributaries of the COLORADO STATE BOARD OF LAND COMMISSIONERS and the COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION (Co-Applicants), c/o VIRGINIA SCIABBARRASI, Assistant Attorney General, 1300 Broadway, 7th Fl., Denver, CO 80203. Telephone: 720-508-6253; Email: ginny.sciabbarrasi@; and ELIZABETH M. JOYCE, Assistant Attorney General; 1300 Broadway, 7th Fl., Denver, CO 80203, Telephone: 720-508-6761; Email: elizabeth.joyce@. 1. Name, address and telephone number of Applicants: Colorado State Board of Land Commissioners (“State Land Board”), ATTN: Phillip Courtney, 1127 Sherman Street, Suite 300, Denver, Colorado, 80203, 303-866-3454, Phillip.Courtney@state.co.us. Colorado Parks and Wildlife (“CPW”), ATTN: Water Section, 6060 Broadway, Denver, CO 80216, 303-291-7466, Ed.Perkins@state.co.us. FIRST CLAIM FOR RELIEF (Surface Water Rights). 2. Name of Structure: Ranger Lakes Supply Ditch. 3. Legal Description of Point of Diversion: At a point on the Middle Fork of Michigan River in SW1/4 SW1/4 of Section 8, Township 6 North, Range 76 West, Sixth Principal Meridian, at UTM coordinate 418793.94mE, 4483509.00mN, Zone 13 NAD83, otherwise described as 390 feet from the south section line, and 580 feet from the west section line, estimated from desktop GIS and shown on attached Exhibit A. 4. Source: Middle Fork of Michigan River, tributary to the North Platte River. 5. Appropriation Information: A. Date of Initiation of Appropriation: July 25, 1927. B. How Appropriation Was Initiated: Filing by the Colorado Game and Fish Department (CPW’s predecessor-in-interest) for a permit and issuance of an approved permit to construct three ponds near the Middle Fork of Michigan River, and construction and diversion of water to fill ponds. C. Date Water Applied to Beneficial Use: September 15, 1927. See attached Exhibit B, documenting that the subject water rights were diverted and applied to beneficial use on or before September 15, 1927. 6. Amount Claimed: 12.0 c.f.s., absolute, for the uses described below in Paragraph 7. 7. Uses: Fire protection, piscatorial, recreation, wildlife watering, wildlife propagation, wildlife management, and irrigation. The Ranger Lakes Supply Ditch and the Ranger Lakes, described below, operate as a coordinated system for direct application and storage. Water is diverted and beneficially used directly and after storage in the Ranger Lakes and returns to the Michigan River through infiltration into the alluvial aquifer. 8. Additional Remarks: The State Land Board and CPW have entered into Interagency Real Property Lease Agreement, Lease No. 110541. Pursuant to Paragraph 6.S.viii. of Lease No. 110541, the State Land Board is the owner of the water right and CPW is the operator of the water right. Ranger Lakes Supply Ditch delivers water into the Ranger Lakes, described below in the Second Claim for Relief. Irrigation from direct flow and after storage occurs on approximately 2.0 acres of land located below the outlet of Lower Ranger Lake, as shown on Exhibit A. The irrigated land, located in SW1/4 of Section 7, Township 6 North, Range 76 West, Sixth Principal Meridian, receives water from Lower Ranger Lake and the water is naturally ponded to irrigate meadows until it reaches a level where it naturally flows down-gradient and returns to the Middle Fork of the Michigan River. 9. Name and addresses of owner or reputed owner of the land upon which diversion structure is located: On information and belief, the existing diversion structure is located on property owned by the John R. Lohr Trust, c/o James L. Lohr trustee, P.O. Box 813, Mead, CO 80542; and the Ranger Lakes Supply Ditch crosses property owned by Sheryl Ann Coloroso and Meri Lee Vickers, P.O. Box 270327, Louisville, CO 80027; and/or Mary G. McLellan, 3078 S. Zurich Court, Denver, CO 80236. Applicants are not proposing to construct any new diversion or delivery structure by this application. SECOND CLAIM FOR RELIEF (Water Storage Rights) 10. Name of Structures (collectively, “Ranger Lakes”): A. Upper Ranger Lake. B. Lower Ranger Lake. 11. Legal Description: A. Dam Centerline and Outlet of Upper Ranger Lake: UTM: 417910.16mE, 4483715.50mN, Zone 13, NAD 83. Legal: SW1/4 of Section 7, Township 6 North, Range 76 West, Sixth Principal Meridian, 990 feet north of the south section line and 745 feet east of the west section line. Location is estimated from desktop GIS and is shown on attached Exhibit A. B. Dam centerline and Outlet of Lower Ranger Lake: UTM: 417828.72mE, 4483746.00mN, Zone 13, NAD 83. Legal: SW1/4 of Section 7, Township 6 North, Range 76 West, Sixth Principal Meridian, 1,050 feet north of the south section line and 470 feet east of the west section line. Location is estimated from desktop GIS and is shown on attached Exhibit A. 12. Source: The source for the Ranger Lakes is the Middle Fork of Michigan River, tributary to the North Platte River. 13. Name of ditch used to fill reservoir and capacity in cubic feet of water per second (c.f.s.): The Ranger Lakes are filled by the Ranger Lakes Supply Ditch, described above in the First Claim for Relief. 14. Appropriation Information: A. Annual Diversion Volume: 455 acre-feet, absolute, with the right to fill and refill continuously while in priority combined among the structures. B. Fill Rate: 12 c.f.s., absolute, for all structures. C. Uses: 1. Absolute for: fire protection, piscatorial, recreation, wildlife watering, wildlife propagation, wildlife management, and irrigation. Irrigation from storage occurs as described in Paragraph 8, above, and on land depicted in Exhibit A. 2. Conditional for: recharge, replacement and augmentation. Recharge, replacement and augmentation use will be pursuant to a separately approved plan for augmentation. D. Date & Initiation of Appropriation: 1. July 25, 1927, for uses described in Paragraph 14.C.1. Appropriation was initiated by filing by the Colorado Game and Fish Department for a permit and issuance of an approved permit to construct three ponds on the Middle Fork of Michigan River, construction of ponds, and diversion of water to fill ponds. 2. December 29, 2017, for uses described in Paragraph 14.C.2. Appropriation was initiated by the formation of intent to appropriate seepage from Ranger Lakes for augmentation, replacement and recharge purposes, commencement of engineering review, and filing this application. E. Date Water Applied to Beneficial Use: 1. September 15, 1927, for uses described in Paragraph 14.C.1. See Paragraph 5.D., above. 2. N/A for uses in Paragraph 14.C.2; conditional water right. 15. Dam and Reservoir Information: A. Upper Ranger Lake. 1. Surface Area of High Water Line: 8.8 acres. 2. Vertical Height of Dam: 13.3 feet. 3. Length of Dam: 90 feet. 4. Total Storage Volume: 103.5 acre-feet. a. Active Capacity: 96.7 acre-feet. b. Dead Storage: 6.8 acre-feet. B. Lower Ranger Lake. 1. Surface Area of High Water Line: 3.3 acres. 2. Vertical Height of Dam: 8.0 feet. 3. Length of Dam: 60 feet. 4. Total Storage Volume: 39.8 acre-feet. a. Active Capacity: estimated 29.8 acre-feet. b. Dead Storage: estimated 10 acre-feet. 16. Name and addresses of owner of the land upon which storage structures are located: Ranger Lakes are located on land owned by Applicant State Land Board. 17. Additional Remarks: A. Ranger Lakes consist of an Upper Lake and Lower Lake. Water is diverted from the Middle Fork of Michigan River into the Ranger Lakes Supply Ditch at the point of diversion described in Paragraph 3 above, and runs through the supply ditch for approximately 2060 feet before discharging into Upper Ranger Lake. Water in the Upper Lake is dammed by an embankment on the southwest side, with an outlet works that allows water to be discharged from the Upper Lake into the Lower Lake. The Lower Lake is formed by an embankment on its northern side that contains outlet works to discharge water to the irrigated meadow which eventually flows back to the Middle Fork of the Michigan River as described in Paragraph 8 above. The structures for all claimed rights are depicted on the map attached as Exhibit A. B. Pursuant to Paragraph 6.S.viii. of Lease No. 110541, the State Land Board is the owner of the water right and CPW is the operator of the water right. C. Topographical features below the outlet of Lower Ranger Lake create a natural irrigated meadow maintained by discharge from Lower Ranger Lake. Applicants claim, in the alternative, in addition to an irrigation right as described in Paragraph 8 above, a storage right on this approximately 2.0 acres in with a capacity of approximately 13.6 acre-feet with the right to fill and refill continuously in priority. WHEREFORE, the Applicants request that the Court grant the application for surface water rights and storage water rights set forth above, and that the Court grant the Applicants other and further relief as may be appropriate.2017CW3047, in unnamed tributary to Willow Creek, tributary to Elk River, tributary to Yampa River, ROUTT COUNTY, APPLICATION FOR ABSOLUTE STORAGE RIGHTS. 1. Name, mailing address, email address, telephone number of applicant: 2RCC, LLC c/o Eric C. Rogers, P.O. Box 775876 Steamboat Springs, CO 80477, 612.750.2425, nordeastresidential@. All pleadings are to be directed to Claire E. Sollars, Esq., P.O. Box 774567 Steamboat Springs, CO 80477, 970.879.4567, claires@. 2. Names of Reservoir: Coyote Holler. 3. Legal Description of Dam Centerline: UTM coordinates - Northing 4520399 and Easting 334195 (Zone 13 NAD83); PLSS legal description - NE4 NW4 Sec. 19, Township 10 North, Range 85 West, of the 6th Prime Meridian, 639 feet from North section line and 2389 feet from West section line, in Routt County, Colorado (locations were determined with use of “Map Viewer” GIS system, maintained by the Colorado Division of Water Resources and “GIS Interactive Map,” maintained by Routt County Assessor’s Office), and is depicted on the filed map (see Ex. 1, Location of Pond and Irrigated Areas). 4. Source of Water: unnamed tributary to Willow Creek, tributary to Elk River, tributary to Yampa River. 5. If Reservoirs are filled from a Ditch, Name, Capacity and Legal Description of Point of Diversion: N/A - Coyote Holler is located on-channel of the unnamed tributary. 6. Appropriation and Beneficial Use: A. Date and Methodology of Appropriation: Sep. 7, 2016 by purchasing property and using water stored in Coyote Holler for recreation, aesthetics, and evaporation, and providing wildlife and migratory bird habitat. B. Date Water Applied to Beneficial Use: Sep. 7, 2016. 7. Amounts Claimed and Proposed Uses: absolute storage right of 12.0 acre-feet for recreation, aesthetics, evaporation, wildlife and migratory bird habitat, fire control, irrigation, domestic, piscatorial, and livestock. 2RCC, LLC also claims the right to refill Coyote Holler in sufficient amounts to maintain the level of the pond for the stated uses. A. If Irrigation Use: i. Acreage Historically Irrigated: none. Acreage Proposed to be Irrigated: approximately 11.0 acres using gravity and a portable pump system to move water from the pond to the irrigable acreage in the pasture and surrounding the residential area. ii. Legal Description of Acreage: portions of the NE4 NW4 Section 19, T10N R85W, as depicted on the filed map. B. If Non-Irrigation, Full Description of Uses: recreation, aesthetics, evaporation, wildlife watering and migratory bird habitat, fire control, domestic, piscatorial, and livestock, and refill to maintain the level of the pond necessary for the stated uses. 8. Surface Area of High Water Line, Vertical Height of Dam from Lowest Ground Level to Crest of Emergency Spillway, Length of Dam, and Total Capacity of Reservoir (active and dead storage): The surface area of Coyote Holler is 0.6 acre, dam height is 20 ft., dam length is 225 ft., and total capacity is estimated at 9.0 acre-feet active storage and 3.0 acre feet-dead storage. 9. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: 2RCC, LLC owns the land upon which Coyote Holler was constructed and where stored water has been and will be used.2017CW3048, North Fork McFadden Creek, tributary to McFadden Creek, tributary to Elk River, tributary to Yampa River, ROUTT COUNTY, APPLICATION FOR ABSOLUTE STORAGE RIGHTS. 1. Name, mailing address, email address, telephone number of applicant: Daniel and Ramona Beggs [“Beggs”], P.O. Box 776391, Steamboat Springs, CO 80477, 970.879.0909. All pleadings are to be directed to Claire E. Sollars, Esq., P.O. Box 774567 Steamboat Springs, CO 80477, 970.879.4567, claires@. 2. Names of Reservoir: Beggs Pond. 3. Legal Description of Dam Centerline: UTM coordinates - Northing 4489472 and Easting 341072 (Zone 13 NAD83); PLSS legal description - NW4 NW4 Sec. 25, Township 7 North, Range 85 West, of the 6th Prime Meridian, 927 ft. from North section line and 1064 ft. from West section line, in Routt County, Colorado (location determined with use of “Map Viewer” GIS system maintained by the Colorado Division of Water Resources, and “GIS Interactive Map” maintained by Routt County Assessor’s Office), as depicted on the filed map (see Ex. 1, Locations of Reservoir and Irrigated Areas). 4. Source of Water: North Fork McFadden Creek, tributary to McFadden Creek, tributary to Elk River, tributary to Yampa River. 5. If Reservoirs are filled from a Ditch, Name, Capacity and Legal Description of Point of Diversion: N/A - Beggs Pond is located on-channel in North Fork McFadden Creek, below the confluence of the unnamed tributary of North Fork McFadden Creek and North Fork McFadden Creek. 6. Appropriation and Beneficial Use: A. Date and Methodology of Appropriation: December 20, 2011 by purchasing property and using water stored in Beggs Pond for recreation, aesthetics, evaporation, and wildlife watering. B. Date Water Applied to Beneficial Use: December 20, 2011. 7. Amounts Claimed and Proposed Uses: absolute storage right of 5.3 acre-feet for recreation, aesthetics, evaporation, wildlife watering, fire control, irrigation, piscatorial, and livestock uses. Beggs also claim the right to refill Beggs Pond in a sufficient amount to maintain the level of the pond for the stated uses. A. If Irrigation Use: i. Acreage Historically Irrigated: none. Acreage Proposed to be Irrigated: approximately 9.3 acres using gravity and portable pump system. ii. Legal Description of Acreage: portions of the NW4 NW4 Sec. 25, as depicted on the filed map. B. If Non-Irrigation, Full Description of Uses: recreation, aesthetics, evaporation, wildlife watering, fire control, piscatorial, and livestock, and refill to maintain the level of the pond necessary for the stated uses. 8. Surface Area of High Water Line, Vertical Height of Dam from Lowest Ground Level to Crest of Emergency Spillway, Length of Dam, and Total Capacity of Reservoir (active and dead storage): the surface area of Beggs Pond is 0.4 acre, dam height is 8 ft., dam length is 143 ft., and total capacity is estimated as 5.0 acre-feet active storage and 1.0 acre-feet dead storage. 9. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Beggs own the land upon which Beggs Pond was constructed and where stored water has been or will be used.2017CW3049, unnamed tributary, tributary to Yampa River, and spring in unnamed tributary, tributary to Yampa River, ROUTT COUNTY, Application for Surface Water Rights (Conditional). 1. Name, mailing address, email address, telephone number of applicants: Doug Monger and Lauretta Davidson [“Monger and Davidson”], 12110 CR 69, Hayden CO 81639, dougmonger@, 970.276.4291. Direct all pleadings and court-related documents to Claire E. Sollars, Esq., P.O. Box 774567, Steamboat Springs, CO 80477, claires@, 970.879-4567. 2. Names of Structure: Monger Davidson Diversion & Spring. 3. Legal Description of Point of Diversion: UTM coordinates - Northing 4485849 and Easting 313917 (Zone 13 NAD83); PLSS legal description - SW4 SW4 Sec. 6, Township 6 North, Range 87 West, of the 6th Prime Meridian, 1061 ft. from South section line and 1191 ft. from West section line, in Routt County, Colorado (location determined with use of “Map Viewer” GIS system maintained by the Colorado Division of Water Resources and “GIS Interactive Map” maintained by Routt County Assessor’s Office); the location of Monger Davidson Spring & Diversion is depicted on the filed map (see Ex. 1, Structure Location and Irrigation Area). 4. Source of Water: unnamed tributary, tributary to Yampa River, and spring in unnamed tributary, tributary to Yampa River. 5. Appropriation and Beneficial Use: A. Date and Methodology of Appropriation: November 1, 1995 by purchasing property and using water system developed by previous landowner. B. Date Water Applied to Beneficial Use: November 1, 1995. 6. Amount Claimed: 0.033 cfs (15 gpm) conditional (although water was placed to beneficial use, a measuring device has not been installed). 7. Uses: stock watering, wildlife watering, fire control, irrigation, and domestic (non-potable uses). A. If Irrigation Use: i. Acreage Historically Irrigated: none. Acreage Proposed to be Irrigated: approximately 13 acres using gravity to place water into tanks and portable pump system to apply water to fields. Monger and Davidson intend to use the water to supplement irrigation use of Monger Appel Diversion & Spring (Water Div. 6 Case No. 2006CW39). ii. Legal Description of Acreage: portions of the SW4 Sec. 6, as depicted on the filed map. B. If Non-Irrigation, Full Description of Uses: stock watering, wildlife watering, fire control, irrigation, and domestic (non-potable uses). 8. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Monger and Davidson own the real property upon which the Monger Davidson Spring & Diversion is located and upon which the water right will be used.You are hereby notified that you will have until the last day of February, 2018 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, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487.MARY ANN NINGERCLERK OF COURTROUTT COUNTY COMBINED COURTWATER DIVISION 6/s/ Julie A. Edwards Deputy Court ClerkSUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LISTSection 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II).This notice is an invitation to be included on the SWSP notification list. To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, or e-mail to: Laura.kalafus@state.co.us. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at . Produced Nontributary Ground Water Notification ListPursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division.To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, or e-mail to: Laura.kalafus@state.co.us.Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: water.state.co.us. ................
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