DIVISION 5 WATER COURT- MAY 2015 RESUME 1. PURSUANT TO ...

DIVISION 5 WATER COURT- MAY 2015 RESUME 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3 (80CW385, 85CW118, 89CW85, 95CW166, 02CW43, 08CW125) MESA COUNTY- SALT CREEK TRIBUTARY TO THE COLORADO RIVER. Dave & Regina Horst; 1940 Hwy. 6 & 50; Fruita, CO 81521 (970)261-9255. Salt Creek Pump StationApplication for Finding of Reasonable Diligence. Location: NW¼NE¼ of Sec. 4., T.10S., R.103W. of the 6 th P.M. 158 ft. from the north sec. line and 1,874 ft. from the east sec. line. Appropriation: July 18, 1980. Amount: 1.0 c.f.s., conditional, of 60 c.f.s. originally decreed. Use: irrigation. Applicant is organizing water portfolio for sale of property (11 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW4 (07CW249)GARFIELD COUNTY-CATTLE CREEK TRIBUTARY TO THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Matthew & Carrie Vickers; 0168 Cotton Hollow Ln., Carbondale, CO 81623; (970)945-5167. Harrelson Pond Lot 11 and Harrelson Ditch for Lot 11-Application to Make Absolute in Whole or in Part. Harrelson Pond Lot 11- NW¼SW¼ of Sec. 12, T.7S., R.88W. of the 6 th P.M. 3,100 ft. from the south sec. line and 1,000 ft. from the west sec.line. Harrelson Ditch for Lot 11 - NE¼SW¼ of Sec. 12, T.7S., R.88W. of the 6 th P.M. 3,050 ft. from the north sec. line and 1,600 ft. from the west sec. line. Appropriation: Sept. 1, 1990. Amounts: Harrelson Pond Lot 11- 0.5 a.f.. with right to fill and refill in priority (fill rate 0.15 c.f.s.) and Harrelson Ditch for Lot 11 – 0.15 c.f.s. Uses: Harrelson Pond Lot 11- recreational, piscatorial, wildlife and stock watering. Harrelson Ditch for Lot 11- to fill Harrelson Pond Lot 11 for recreation, piscatorial, aesthetic, wildlife and stock watering. An outline of work completed during the diligence period is included in the application. (11 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3033 GRAND COUNTY - WILLOW CREEK, COLORADO RIVER. CLP Granby, LLC, City Commons, 450 South Orange Ave., Orlando, FL 32801, 407-540-2026, c/o David M. Shohet, #36675, Felt, Monson & Culichia, LLC, 319 N. Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Conditional Water Rights: Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2. Description of conditional water rights from the Ruling of Referee and Decree: Date of Original Decree: May 24, 2009, Case No.: 06CW257, Court: District Court, Water Division 5. Legal Descriptions: Shorefox Augmentation Pond No. 1 is located in the SW1/4, SE1/4 of Section 19, Township 2 North, Range 76 West of the 6th P.M., 540 feet North of the South section line and 1,720 feet West of the East section line. The Shorefox Augmentation Pond No. 2 is located in the SE1/4, SE1/4 of Section 19, Township 2 North, Range 76 West of the 6th P.M., 340 feet North of the South section line and 1,270 West of the east section line. Source: The sources of water for both the Shorefox Augmentation Pond Nos. 1 & 2 are Willow Creek and Colorado River. Both Shorefox Augmentation Pond Nos. 1 & 2 are filled by the following structures: Shorefox Diversion No. 5, located at a point on the Colorado River in the SW¼, NW¼ of Section 30, Township 2 North, Range 76 West of the 6th P.M., 110 feet East of the West Section line and 2,430 feet South of the North Section line of said Section 30. Bunte Highline Ditch, located on the right bank of Willow Creek whence the Southeast Corner of Section 17, Township 2 North, Range 76 West of the 6th P.M. bears South 32° 10' East 4,234 feet, also described as a point in the SW ¼ of the NE ¼ of Section 17, Township 2 North, Range 76 West of the 6th P.M., 1890 feet from the North Section Line and 2340 feet from the East section line. Appropriation Date: The appropriation date for both the Shorefox Augmentation Pond Nos. 1 & 2 is March 1, 2006. Amount: Shorefox Augmentation Pond Nos. 1 & 2 are each decreed for 99 acre feet at maximum fill rate of 5 c.f.s. Uses: Shorefox Augmentation Pond Nos. 1 & 2 are both decreed for fire protection, wildlife watering, commercial, construction and augmentation purposes. Description of work performed toward completion of the appropriation and application of water to a

MAY 2015 RESUME WATER DIVISION 5 PAGE 2

beneficial use as conditionally decreed, including expenditures: Applicant is the owner of an approximately 1,550 acre property located in Sections 19, 20, 29, 30, and 31, Township 2 North, Range 76 West of the 6th P.M. and Sections 24, 25, and 36, Township 2 North, Range 77 West of the 6th P.M., Grand County, Colorado (the "Property"). Applicant is currently planning to develop a recreation based resort community on the Property that will include residential and commercial development, a golf course, and several water features including an artificial recirculating stream and several ponds for recreational, piscatorial, aesthetic, irrigation and augmentation purposes. In Case No. 06CW257, the Water Court decreed to Applicant's predecessor two conditional storage water rights for fire protection, wildlife watering, commercial, construction and augmentation purposes associated with the Applicant's future development. These conditional storage water rights, Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2, are part of an integrated water supply system for the full development of the Applicant's property. During this diligence period and in connection with the development of Applicant's property, Applicant obtained final decrees in Case Nos. 03CW333, 03CW334, 03CW335, 03CW336, and 05CW288. In Case No. 03CW333, Applicant obtained a conditional storage water right to supply water for irrigation of a golf course and open space on the Property. Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 were both decreed as augmentation sources to replace out of priority depletions caused by the conditional water right decreed in Case No. 03CW333. In Case No. 03CW334, Applicant obtained a decree for four conditional groundwater rights for a physical supply of water for the domestic and commercial uses on the Property. Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 were both decreed as augmentation sources to replace out of priority depletions caused by the wells decreed in Case No. 03CW334. Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 were also decreed as exchange to points in Case No. 03CW334 for leased water from Colorado River Water Conservancy District released from either Wolford Mountain Reservoir or Ruedi Reservoir. In Case No. 03CW335, Applicant obtained a decree for additional conditional groundwater rights for in-house use, irrigation of lawn and garden, and stock water to up to 50 residential lots. Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 were both decreed as augmentation sources to replace out of priority depletions caused by the conditional groundwater rights decreed in Case No. 03CW335. In Case No. 03CW336, Applicant obtained a decree for conditional water storage rights and a change of water rights for four surface water rights that historically irrigated the southern portion of the Property. Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 were both decreed as augmentation sources to replace out of priority depletions caused by the conditional storage rights decreed in Case No. 03CW336. Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 were also decreed as places of storage and exchange to points for the four senior surface water rights changed in Case No. 03CW336. Accordingly, during this diligence period, Applicant has obtained four decrees from the Water Court utilizing the water rights decree in Case No. 06CW257 as sources for augmentation and exchange to points. During this diligence period, Applicant has also commenced construction of Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2. Shorefox Augmentation Pond No. 1 been excavated to approximate concept volume and configuration, and an outlet channel has been roughly graded. Shorefox Augmentation Pond No. 2 has likewise been excavated to approximate concept volume. During this diligence period, the Applicant has also devoted sensational efforts towards the development of its property. This development includes commissioning Wright Water Engineers to complete a pond study of all reservoirs on Applicant's property, including Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2. As part of this study, Wright Water surveyed Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 and created area capacity tables for each pond. During this diligence period, Applicants has also revised its development plan and entered into a new annexation agreement with the Town of Granby. Applicant has also hired civil engineers who have prepared traffic studies for the development of the Property and design work of Applicant's future potable water system. Applicant has also hired a property management group to oversee the daily operation of the Property and its future development. Applicant has also devoted significant efforts towards wetland, aquatic and riparian restoration work on the Property. During this diligence period Applicant has, therefore, devoted substantial efforts toward the development of the Property, and the present and further application of Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 to beneficial uses. Legal and engineering efforts have been expended in the analysis and development of Applicant's water rights, integrated system of distribution, and the development of the Property. During this diligence period, Applicant has spent a total of $2,807,181 on the development of the Applicant's property of which Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 are a part. During this diligence period Applicant has, therefore, devoted substantial efforts toward the development of the Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 to future beneficial use. Claim to Make Absolute: No part of the conditional water rights decreed in Case No. 06CW257 are claimed to be made absolute at this time.Name and address of the owners of land on which structure is located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The point of diversion for the Bunte Highline Ditch is located on lands owned by Northern Colorado Water Conservancy District, whose address is 220 Water Ave, Berthoud, CO 80513. Shorefox Augmentation Pond No. 1 and Shorefox Augmentation Pond No. 2 are located on lands owned by the Applicant. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 15CW3035 GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5.


4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3035 GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Gary & Linda Gardner, P.O. Box 1432 Grand Lake, Colorado, 80447, (303) 506-1545. Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970) 887-3376.] APPLICATION TO MAKE ABSOLUTE UNDERGROUND WATER RIGHT AND PLAN FOR AUGMENTATION INCLUDING EXCHANGE Name of Structure: Gardner Well No. 1., Exchange Involving Granby and Wolford Mountain Reservoirs. Source of Gardner Well No. 1: Sand, gravel and other sedimentary materials hydraulically connected to the Colorado River. Location of Gardner Well No. 1: Lot M28, 3rd Amended Final Plat, Mountain Shadow Estates, Grand County, CO in the SE1/4SE1/4 of Section 25, Township 3 North, Range 76 West of the 6 th P.M., at a point 1100 feet from the South section line and 600 feet from the East section line. Source of Augmentation/Exchange Water: The Middle Park Water Conservancy District has approved a Water Allotment Contract to provide Applicant the right to an annual entitlement of up to 0.5 acre-feet of water from Granby Reservoir and Wolford Mountain Reservoir. This water is a portion of the 3,000 acre-feet which the Municipal Subdistrict, Northern Colorado Water Conservancy District has agreed to annually place in storage in Granby Reservoir. Granby Reservoir is located in parts of Township 3 North, Range 75 West, 6th P.M. As an alternative source of supply, Applicant has been allowed use of a portion of the storage right for Wolford Mountain Reservoir adjudicated in Case No. 87CW283, decree entered November 20, 1989, District Court, Water Division No. 5. The legal description of the place of storage is: Wolford Mountain Reservoir, the dam of which is located in the SW1/4NE1/4 of Section 25, Township 2 North, Range 81 West of the 6th P.M. Location of Exchange: The location stated above for Gardner Well No. 1. Type of Use: Domestic use and irrigation of 1400 square feet. Type of Structure: Well. Quantity: 4.5 gpm, Windy Gap and Wolford Mountain Reservoir Exchange is for 0.5 acre feet. Annual diversions for well will not exceed 1.0 acre feet. Additional Information: The application contains a detailed outline of the work performed during the diligence period. Appropriation date is September 28, 2007. Original Decree: May 27, 2009, Case No. 07CW166, Water Division No. 5. (33 Pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3036 EAGLE COUNTY. ROARING FORK RIVER. Ten Peaks Mesa Homeowners Association, c/o Patrick, Miller & Noto, P.C., Paul L. Noto, Esq. and Christopher R. Stork, Esq., 197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Ten Peaks Well No. 1. Well. Well Permit No. 05718-F. Original decree December 12, 2001. Consolidated Case Nos: 96CW378 and 96CW379. Court: District Court, Water Division No. 5. Diligence decree: May 27, 2009. Case No.: 07CW250 Court: District Court, Water Division No. 5. Legal description: In the SE ¼ of the SW ¼ of Section 4, Township 7 South, Range 87 West of the 6 th P.M. at a point 350 feet North of the South Section line and 1600 feet East of the West Section line of Section 4 (Eagle County). A map showing the well location is on file with the Court. Source: Cattle Creek alluvium, tributary to the Roaring Fork and Colorado Rivers. Appropriation date: November 8, 1996. Amount: 0.1 c.f.s. (45 gallons per minute), conditional for stock watering and irrigation purposes. 0.045 c.f.s. (20 gallons per minute), conditional for domestic and fire protection purposes. 0.055 c.f.s. (25 gallons per minute), absolute for domestic and fire protection purposes. Use: Domestic, irrigation, livestock watering, and fire protection purposes. Well depth: Approximately 90 feet. Detailed outline of work toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures is on file with the Court. Name and address of landowner of the land on which the structure is located: X Bar Ranch, LLC, c/o Lucas Peck, Esq., Peck Feigenbaum, P.C., 132 Midland Ave., Basalt, CO 81621. Name and address of landowner of the land upon which the water use occurs: Applicant. (9 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER


CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3037 PITKIN COUNTY, UNNAMED TRIBUTARY TO BRUSH CREEK, TRIBUTARY TO ROARING FORK AND COLORADO RIVERS, Application to Make Storage Rights Absolute of Horace Work, P.O. Box 6929, Snowmass Village, CO 81615; contact Craig Corona, Esq., CORONA WATER LAW, 420 E. Main St., Ste. 203, Aspen, CO 81611, [email protected], (970) 948-6523; First Claim: Hutchins Pond. Original Decree: Case No. 06CW189; Location: NE NW S12, T10S, R86W, 6th P.M., 240 feet from north line and 2,300 feet from west line; 112 Hidden Lane, Snowmass Village, CO; Source: Unnamed tributary to Brush Creek, tributary to Roaring Fork and Colorado Rivers; Appropriation: July 15, 1993; Amount: 0.09 acre-feet absolute and 0.14 acre-feet conditional; Uses: irrigation and piscatorial; Work to complete appropriation: construction of pond and installation of lowflow outlet; Claim for absolute. Date: September 20, 2008; Amount: 0.14 acre-feet; Use: irrigation and piscatorial. Second Claim: Tilghman Pond; Original Decree: Case No. 06CW189; Location: NE NW S12, T10S, R86W, 6th P.M., 260 feet from north line and 2,300 feet from west line; 112 Hidden Lane, Snowmass Village, CO; Source: Unnamed tributary to Brush Creek, tributary to Roaring Fork and Colorado Rivers; Appropriation Date: July 15, 1993; Amount: 0.05 acre-feet absolute and 0.07 acre-feet, conditional; Uses: irrigation and piscatorial; Work to complete appropriation: construction of pond and installation of low-flow outlet; Claim for absolute. Date: September 20, 2008; Amount: 0.07 acre-feet; Use: irrigation and piscatorial. Applicant owns the land upon which structures are located and water is used. Maps and photos of structures, affidavit supporting claims, and call chronology are on file with the court and available by calling Craig Corona, (970) 948-6523 or e-mailing [email protected]. (18 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3038 GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Daniel L. & Donna R. Hahn, P.O. Box 1147, Granby, CO 80446, (970) 887-3720. Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970) 887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR UNDERGROUND WATER RIGHTS AND AUGMENTATION PLAN INCLUDING EXCHANGE Name of Structure: Hahn Well No. TR 10 & Conditional Exchange decreed in 94C27. Source of Hahn Well No. TR 10: Groundwater tributary Smith Creek, tributary to Fraser River, tributary to the Colorado River. Location of Hahn Well No. TR 10: NW1/4NE1/4, Section 31, T2N, R76W of the 6th P.M., a distance of 1,150 feet from the North line of said Section 31 and a distance of 1,950 feet from the East line of said Section 31. Type of Uses: Household and irrigation of lawns and gardens. Type of Structure: Well. Quantity: 30 gpm (0.067 cfs), conditional, not to exceed 1.075 acre feet per year (af/yr). Exchange Water: Granby Reservoir for total exchange rate of 1.0 af/yr provided by Middle Park Water Conservancy District, decreed C.A. 1768 and 85CW135. Exchange Reach: Colorado River from where the depletions from Hahn Wells impact Smith Creek to the confluence of the Fraser River with the Colorado River. Applicant requests diligence on Hahn Well TR10 and the exchange decreed in 94CW27. Additional Information: The application contains a detailed outline of the work performed during the diligence period. Appropriation date is February 28, 1994. Original Decree: January 19, 1995 , Case No. 94CW27, Water Division No. 5. (11 Pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3039 GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Daniel L. & Donna R. Hahn, P.O. Box 1147, Granby, CO 80446, (970) 887-3720. Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970) 887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name of Structures: Hahn Wells Nos. TR5, TR6, and TR11. Source of Hahn Well No. TR5: Groundwater tributary to Smith Creek, tributary to the Colorado River. Source of Hahn Well No. TR 6: Groundwater tributary to Smith Creek, tributary to the Colorado River. Source of Hahn Well No. TR 11: Groundwater tributary to Fraser River,


tributary to the Colorado River. Location of Hahn Well No. TR5: NW1/1NE1/4, Section 31, T2N, R76W of the 6th P.M., a distance of 990 feet from the North line of said Section 31 and a distance of 2,300 feet from the East line of said Section 31. Location of Hahn Well No. TR 6: NW1/4NE1/4, Section 31, T2N, R76W of the 6th P.M., a distance of 800 feet from the North line of said Section 31 and a distance of 2,525 feet from the East line of said Section 31. Location of Hahn Well No. TR 11: NW1/4NE1/4, Section 31, T2N, R76W of the 6th P.M., a distance of 1,070 feet from the North line of said Section 31 and a distance of 1,960 feet from the East line of said Section 31. Type of Uses: Household and irrigation of lawns and gardens. Type of Structures: Wells. Quantity: 30 gpm (0.067 cfs), conditional, not to exceed 1.075 acre feet per year (af/yr) for each Hahn Well No. TR 5, TR 6 and TR 11. Additional Information: The application contains a detailed outline of the work performed during the diligence period. Appropriation date is February 28, 1994. Original Decree: May 27, 2009, Case No. 08CW63, Water Division No. 5. (10 Pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3040 GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Grand County Water & Sanitation District No. 1, c/o Bruce Hutchins, PO Box 3077, Winter Park, CO 80482, (970) 726-5583; Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970) 887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name of Structure: Grand County Water and Sanitation District No. 1 Pipeline No. 3 ("Pipeline No. 3"). Source of Water: The Fraser River. Location: Pipeline No. 3 is located at the point whence the Southeast corner of Section 33, Township 1 South, Range 75 West of the 6th P.M. bears North 2 degrees 3 minutes East a distance of 3,000 feet. This point is in the NW1/4 of the SW1/4 of Section 3, Township 2 South, Range 75 West of the 6th P.M., 1005 feet from the South section line and 465 feet from the West section line of said section. Type of Uses: All municipal uses including fire protection and industrial uses. Type of Structure: Pipeline. Amount: 3 cfs, Conditional. Appropriation Date: November 4, 1982. Original Decree: December 29, 1986, Case No. 82CW404, Water Division No. 5. Subsequent Decrees: May 6, 2002, Case No: 01CW244, Court: Water Div. No. 5; May 27, 2009, Case No: 08CW43, Court: Water Div. No. 5. Additional Information: The application contains a detailed outline of the work performed during the diligence period. (13 Pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3042 PITKIN COUNTY, ROARING FORK AND COLORADO RIVERS. Application for Findings of Reasonable Diligence and to Make Absolute. Bob and Sue Pietrzak, LLC, c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. All structures: Original decree entered on 12/30/92 in Case No. 92CW39; subsequent decrees entered in Case Nos. 98CW265 and 06CW106. Appropriation date: 2/14/92. Date water applied to beneficial use: 3/15/07. Source: Dry Creek & East Sopris Creek, trib to Roaring Fork & Colo Rivers. Structure: Dry Creek Pond No. 1. Location: SE¼SW¼ of Sec 24, T 8 S, R 87 W, 6 th PM, approx 250 ft from S line and 1,911 ft from W line of Sec 24. Structure used to fill reservoir: Dry Creek Ditch No. 2. Amount: 0.30 af (all active storage), conditional. Uses: Recreation and aesthetic purposes, and for augmentation of the Shaffer Pond Well. Surface area: 0.0916 acres. Height: 6.7 ft. Amount and uses applied to beneficial use: 0.30 af (all active storage), for recreation and aesthetic purposes, and for augmentation of the Shaffer Pond Well. Remarks: The pond is filled from a headgate on Dry Creek and an inlet pipe 9.75 inches in diameter and 88 ft long with a vertical drop of 0.69 ft. The pond is lined and has an overflow outlet pipe. Structure: Dry Creek Ditch No. 2. Location: SE¼SW¼ of Sec 24, T 8 S, R 87 W, 6 th PM, approx 202 ft from S line and 1,790 ft from W line of Sec 24. Amount & uses: 0.50 cfs, total; 0.50 cfs, absolute, for recreation and aesthetic purposes (decreed absolute in Case No. 98CW265); 0.50 cfs, conditional, for augmentation of the Shaffer Pond Well. Amount & use applied to beneficial use: 0.50 c.f.s. for augmentation of Shaffer Pond Well. Remarks: In Case No. 14CW3143, Applicant requested a change in the original decreed location of the ditch to the actual location of the ditch as described above. Owner of land: Applicant. (5 pages)


YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3043 GARFIELD COUNTY – ROAN CREEK. Roan Creek, LLC, and JOJO Properties, LLC; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR CORRECTION OF AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO C.R.S. § 37-92-305(3.6); Name and address of applicants: Roan Creek, LLC; 0275 County Road 222; DeBeque, CO 81630; JOJO Properties, LLC; P.O. Box 1926; Rifle, CO 81650; Decreed water right for which correction is sought: Applicants request to correct the decreed location of the point of diversion for the Aqua Ditch to reflect the actual historical location of the headgate for that structure; Information regarding decrees: Case No.

Adjudication Date

Appropriation Date

Decreed Amount

Amt. Owned by Applicants

CA2751 May 11, 1889 August 10, 1884 0.750 cfs 0.437 cfs CA2751 May 11, 1889 November 14, 1885 0.300 cfs 0.175 cfs CA2751 May 11, 1889 April 30, 1887 0.375 cfs 0.219 cfs CA2411 April 14, 1924 June 1, 1914 2.160 cfs 1.573 cfs CA3102 January 11, 1937 February 1, 1924 3.780 cfs 2.520 cfs Total: 7.365 cfs 4.924 cfs Legal description of structure as described in most recent decree that adjudicated the location: Prior to Case No. 07CW0071, the point of diversion for the Aqua Ditch was described in decrees as “being located at a point on the North Bank of Roan Creek, whence the quarter-corner of Section 26 and 27, Township 6 South, Range 99 West of the 6th Principal Meridian, bears South 88° 53’ East 2615 feet.” In Case No. 07CW0071, that former decreed location was alternatively described as “approximately located in the NW ¼ of the SE ¼ of Section 27 of Township 6 South, Range 99 West of the 6th Principal Meridian at a point approximately 2,600 feet from the South line and 2,610 feet from the East line of said section.” In Case No. 07CW0071, the location of the point of diversion for the Aqua Ditch was corrected with regard to the 1.584 cfs in that structure owned by Jessie and Donnis Coates. In this case, Applicants request to correct the location of the point of diversion for the Aqua Ditch with regard to their combined 4.924 cfs interest in the Aqua Ditch, as described in paragraph 2.A, above; Decreed source: Roan Creek; Decreed uses: Irrigation; Detailed description of proposed correction: Statement of correction: Applicants request to correct the decreed location for their interest in the Aqua Ditch to reflect the actual, historical location of the headgate for that water right. The original decreed location for the Aqua Ditch contained a typographical error from the original 1914 survey, which has been perpetuated in subsequent decrees. The decreed distance is 2,615 feet from the bearing point, but should have been described as 6,215 feet. The basis for this correction is identical to the one approved by this court in Case No. 07CW0071; Legal description of the corrected point of diversion: Consistent with the corrected location described in Case No. 07CW0071, the corrected point of diversion is described as: “Southwest ¼ of the Northeast ¼ of Section 28, Township 6 South, Range 99 West of the 6th P.M., at a point 2,849 feet North of the South section line and 1,425 feet West of the East section line of said Section 28.” (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3044 GARFIELD COUNTY, ROARING FORK RIVER. Application for Findings of Reasonable Diligence. Cottonwood Six Homeowners Association, c/o Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. All structures: Original decree entered on 4/23/01 in Case No. 00CW136; subsequent decree entered on 5/24/09 in Case No. 07CW78.


Source: Groundwater trib to Cattle Creek and Roaring Fork River. Appropriation date: 3/15/00. Depth: 200 feet. Structure: Bobcat Ridge Estates Well No. 3. Bobcat Ridge Estates Well No. 3. Location: NE¼SW¼ of Sec 12, T 7 S, R 88 W, 6 th PM, approx 2,050 ft from S sec line and 1,750 from W sec line of Sec 12. Amount and uses: 1.0 acre feet, total.; 0.53 af, absolute, for irrigation of 2,500 sf, 15 gpm pumping rate (decreed absolute in 07CW78); 0.47 af, conditional, for domestic use in one single-family dwelling. Structure: Bobcat Ridge Estates Well No. 5. Location: NW¼SW¼ of Sec 12, T 7 S, R 88 W, 6 th PM, approx 2,000 ft from S sec line and 500 ft from W sec line of Sec 12. Amount and uses: 1.5 acre feet, total; 0.53 af, absolute, for irrigation of 2,500 sf, 15 gpm pumping rate (decreed absolute in 07CW78); 0.97 af, conditional, for domestic use in one single-family dwelling. Structure: Bobcat Ridge Estates Well No. 11. Location: NE¼SW¼ of Sec 12, T 7 S, R 88 W, 6 th PM, approx 2,010 ft from S sec line and 1,410 ft from W sec line of Sec 12. Amount and uses: 2.0 af, total; 0.68 af, absolute, for irrigation of 5,000 sf, 15 gpm pumping rate (decreed absolute in 07CW78); 1.32 acre feet, conditional, for domestic use in one single-family dwelling. The Application on file with the court includes a list of activities demonstrating diligence. Owners of Land: Janice & Authur Forbes, Aaron Natoniewski, Joanna Tenbrook, Carrie & Matt Vickers. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3045 GARFIELD COUNTY. PARACHUTE CREEK, TRIB. OF THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Sidney R. Lindauer, c/o Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary: Applicant seeks a finding of reasonable diligence for cond. water rights decreed for the Diamond Ditch. Decree Info.: Orig. Decree: W-99. Change Decree: Case No. 05CW184. Last Diligence Decree: Case No. 08CW37, Dist. Court for Water Division 5. Decreed Location: NW1/4 NW1/4, Sec. 12, T. 7 S., R. 96 W., 6th P.M., 1,131 ft. from the N. sec. line and 1,177 ft. from the W. sec. line. Approp. Date: 3/1/1935. Amt: 0.5 cfs, cond. Use:Irr. of not more than 20 acres. A complete list of diligence activities and expenditures is on file with the Court. Name of owner of the land upon which structure is located and where water has been placed to beneficial use: Applicant. (5 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3046 GARFIELD COUNTY, COLORADO RIVER. Application for Findings of Reasonable Diligence. SCC Partners Group, LLC, c/o Jeff Houpt and Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwoood Springs, (970) 945-8659. All structures: Original decree entered on 10/19/1962 in Case No. C.A. 1277; subsequent decree entered on 5/24/2009 in Case No. 06CW76. Source: A natural spring trib to Sweetwater Creek, trib to Colo River. Location: At a point in the SW¼ of Sec 9, T3S, R87W, 6th PM whence the W Quarter Corner of Sec 9 bears N 29°59’ W a distance of 1,550.57 ft. Also described as in the SW¼SW¼ Sec 9, T3S, R87W, 6th PM., at a point 762 feet E of the W sec line and 1,168 feet N of the S sec line. Structure: Sweetwater Lake Spring, a/k/a Vaspen Spring. Appropriation date: 6/15/1956. Amount: 1.5 cfs total, of which 1.0 cfs remains conditional. Use: Irrigation. Structure: Sweetwater Lake Spring, First Enlargement, a/k/a Vaspen Spring First Enlargement. Appropriation date: 9/11/1961. Amount: 2.0 cfs, conditional. Use: Domestic. The subject spring, and the several water rights decreed for diversion through it, are components of an integrated water supply system for providing water to the property. The Application on file with the court includes a list of activities demonstrating diligence. Owner of land: Applicant. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3047 (13CW3007, 11CW8, 07CW247, 01CW354, 01CW353, and 98CW311). IN GRAND COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE PORTIONS OF WATER RIGHTS. CONCERNING THE APPLICATION FOR WATER RIGHTS OF GRAND ELK OWNERS ASSOCIATION IN TEN MILE CREEK AND THE FRASER AND COLORADO RIVERS. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, Garfield County Courthouse, 109 8 th Street, Glenwood Springs, CO 81601. 1. Name, Address and Phone Number of the Applicant: Grand Elk Owners Association, c/o Rick Jernigan, Manager, Resort Management Group, PO Box 4006, Granby, CO 80446, (970) 887-6030. Direct all pleadings to: Kevin J. Kinnear, Porzak Browning & Bushong LLP , 2120 13 th Street, Boulder, CO 80302, (303) 443-6800. 2. Names of structures: Grand Elk Golf Diversion No. 1, Grand Elk Golf Diversion No. 2, Grand Elk Pond A, Grand Elk Pond B, Grand Elk Pond C, Grand Elk Pond D, Grand Elk Pond E, Grand Elk Pond F, Grand Elk Pond A Enlargement, Grand Elk Well No. 1, Linke Lake, Green Mountain Reservoir, and Wolford Mountain Reservoir. 3. Description of conditional water rights: Including structure names, adjudication and appropriation dates, amount, sources, uses, and previous cases: A. Grand Elk Golf Diversion No. 1, decreed in Case No. 98CW311, District Court in and for Water Division No. 5 (“Water Court”) in the amount of 10 cfs, conditional, with an appropriation date of July 31, 1998 and an adjudication date of December 31, 1998, located at a point 1,200 feet south of the north section line and 2,400 feet east of the west section line of Section 6, T. 1 N., R. 76 W. of the 6 th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and storage for subsequent application to these uses and augmentation, the source of which is the Fraser River, tributary to the Colorado River. In Water Court Case No. 01CW354, this water right was changed to alternate points of diversion known as: Grand Elk Golf Diversion No. 1A, located in the NW1/4 NE1/4 of Section 6, T. 1 N., R. 76 W., 6th P.M., at a point 900 feet south of the north section line and 2,650 feet west of the east section line of said Section 6; and Grand Elk Well No. 1, which is located in the NW1/4 SW1/4 of Section 6, T. 1 N., R. 76 W., 6 th P.M., at a point 2,600 feet south of the north section line and 950 feet east of the west section line of said Section 6. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right, including at its alternate point of diversion, was entered by the Water Court in Case No. 07CW247 on May 27, 2009. B. Grand Elk Golf Diversion No. 2, decreed in Water Court Case No. 98CW311 in the amount of 10 cfs, conditional, with an appropriation date of July 31, 1998 and an adjudication date of December 31, 1998, located at a point 1,300 feet north of the south section line and 1,500 feet west of the east line of Section 6, T. 1 N., R. 76 W. of the 6th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and storage for subsequent application to these uses and augmentation, the source of which is Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River. In Water Court Case No. 01CW354, this water right was changed to alternate points of diversion known as: Grand Elk Golf Diversion No. 2A, located in the NE1/4 SE1/4 of Section 1, T. 1 N., R. 76½ W., 6 th P.M., at a point on Ten Mile Creek 2,610 feet south of the north section line and 90 feet west of the east section line of said Section 1; and Grand Elk Well No. 1, which is located in the NW1/4 SW1/4 of Section 6, T. 1 N., R. 76 W., 6th P.M., at a point 2,600 feet south of the north section line and 950 feet east of the west section line of said Section 6. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right, including at its alternate point of diversion, was entered by the Water Court in Case No. 07CW247 on May 27, 2009. C. Grand Elk Pond A, decreed in Water Court Case No. 98CW311 in the amount of 20.0 acre-feet, conditional, with an appropriation date of July 31, 1998 and an adjudication date of December 31, 1998, located at a point 1,950 feet north and 610 feet west of the southwest corner of Section 6, T. 1 N., R. 76 W. of the 6th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and augmentation, the source of which is Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River, and the Fraser River, tributary to the Colorado River. In Water Court Case No. 01CW353, this water right was changed to be alternately stored in Linke Lake. In Water Court Case No. 01CW354, this water right was changed to correct its location to a point 280 feet west of the east section line and 2,650 feet south of the north section line of Section 1, T. 1 N., R. 76½ W. of the 6th P.M. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 07CW247 on May 27, 2009. D. Grand Elk Pond B, decreed in Water Court Case No. 98CW311 in the amount of 2.0 acre-feet, conditional, with an appropriation date of July 31, 1998 and an adjudication date of December 31, 1998, located at a point 525 feet north and 1,300 feet east of the southwest corner of Section 6, T. 1 N., R. 76 W. of the 6th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and augmentation, the source of which is Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River, and the Fraser River, tributary to the Colorado River. In Water Court Case No. 01CW353, this water right was changed to be alternately stored in Linke Lake. In Water Court Case No. 01CW354, this water right was changed to increase the total capacity to 5.0 acre-feet, and to correct its location to a point 1,250 feet west of the east section line and 2,450 feet south of the north section line of Section 7, T. 1 N., R. 76 W. of the 6 th P.M. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 07CW247 on May 27, 2009. E. Grand Elk Pond C, decreed in Water Court Case No. 98CW311 in the amount of 2.0 acre-feet, conditional, with an appropriation date of July 31, 1998 and an adjudication date of December 31, 1998, located at a point 300 feet north and 1,950 feet east of the southwest corner of Section 6, T. 1 N., R. 76 W. of the 6 th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and augmentation, the source of which is Ten Mile Creek, tributary to the Fraser River, tributary to


the Colorado River, and the Fraser River, tributary to the Colorado River. In Water Court Case No. 01CW353, this water right was changed to be alternately stored in Linke Lake. In Water Court Case No. 01CW354, this water right was changed to correct its location to a point 1,150 feet west of the east section line and 2,720 feet south of the north section line of Section 7, T. 1 N., R. 76 W. of the 6th P.M. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 07CW247 on May 27, 2009. F. Grand Elk Pond D, decreed in Water Court Case No. 98CW311 in the amount of 7.0 acre-feet, conditional, with an appropriation date of July 31, 1998 and an adjudication date of December 31, 1998, located at a point 1,150 feet south and 800 feet east of the southwest corner of Section 6, T. 1 N., R. 76 W. of the 6th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and augmentation, the source of which is Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River, and the Fraser River, tributary to the Colorado River. In Water Court Case No. 01CW353, this water right was changed to be alternately stored in Linke Lake. In Water Court Case No. 01CW354, this water right was changed to decrease the total capacity to 3.0 acre-feet, and to correct its location to a point 1,000 feet west of the east section line and 2,640 feet south of the north section line of Section 7, T. 1 N., R. 76 W. of the 6 th P.M. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 07CW247 on May 27, 2009. G. Grand Elk Pond E, decreed in Water Court Case No. 98CW311 in the amount of 7.0 acre-feet, conditional, with an appropriation date of July 31, 1998 and an adjudication date of December 31, 1998, located at a point 1,980 feet south and 2,480 feet east of the southwest corner of Section 6, T. 1 N., R. 76 W. of the 6 th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and augmentation, the source of which is Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River, and the Fraser River, tributary to the Colorado River. In Water Court Case No. 01CW353, this water right was changed to be alternately stored in Linke Lake. In Water Court Case No. 01CW354, this water right was changed to decrease the total capacity to 6.0 acre-feet, and to correct its location to a point 4,250 feet west of the east section line and 1,220 feet south of the north section line of Section 7, T. 1 N., R. 76 W. of the 6th P.M. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 07CW247 on May 27, 2009. H. 1.0 acre-foot of Grand Elk Pond F, decreed in Water Court Case No. 98CW311 in the amount of 2.0 acre-feet, conditional, with an appropriation date of July 31, 1998 and an adjudication date of December 31, 1998, located at a point 2,340 feet south and 3,075 feet east of the southwest corner of Section 6, T. 1 N., R. 76 W. of the 6 th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and augmentation, the source of which is Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River, and the Fraser River, tributary to the Colorado River. In Water Court Case No. 01CW353, this water right was changed to be alternately stored in Linke Lake. In Water Court Case No. 01CW354, this water right was changed to increase the total capacity to 4.0 acre-feet, and to correct its location to a point 3,250 feet west of the east section line and 4,450 feet south of the north section line of Section 6, T. 1 N., R. 76 W. of the 6 th P.M. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 07CW247 on May 27, 2009. I. Blue River – SCMGD Exchange, decreed in Water Court Case No. 98CW311 in the amount of 3 cfs, conditional, with an appropriation date of July 1, 1998 and an adjudication date of December 31, 1998, the downstream terminus of which is the confluence of the Blue River and the Colorado River, and the upstream terminus of which is located at Grand Elk Golf Diversion Nos. 1 and 2. Pursuant to the Decree in Case No. 01CW354, this exchange may be used to exchange water released from either Green Mountain Reservoir and/or Wolford Mountain Reservoir, provided that the volume of water so exchanged is limited to 50 acre-feet annually. A decree finding that the Applicant’s predecessor had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 07CW247 on May 27, 2009. J. Grand Elk Pond A Enlargement, decreed in Water Court Case No. 01CW354 in the amount of 47 acre-feet, conditional, with an appropriation date of May 15, 2001, and an adjudication date of December 31, 2001, located at a point 280 feet west of the east section line and 2,650 feet south of the north section line of Section 1, T. 1 N., R. 76½ W. of the 6 th P.M., for irrigation, aesthetic, wildlife propagation, recreation, and augmentation, the source of which is Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River, and the Fraser River, tributary to the Colorado River, and groundwater tributary thereto. A decree finding that the Applicant had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 13CW3007 on January 13, 2014. K. Grand Elk Well No. 1, decreed in Water Court Case No. 01CW354 in the amount of 500 gpm, conditional, with an appropriation date of May 15, 2001, and an adjudication date of December 31, 2001, located at a point in the NW1/4 SW1/4 of Section 6, T. 1 N., R. 76 W. of the 6th P.M., at a point 2,600 feet south of the north section line and 950 feet east of the west section line, for irrigation, aesthetic, wildlife propagation, recreation, and for storage for subsequent application to these uses and augmentation, the source of which is groundwater tributary to Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River. A decree finding that the Applicant had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 13CW3007 on January 13, 2014. L. Linke Lake, decreed in Water Court Case No. 01CW353 in the amount of 250 acre-feet, conditional, with an appropriation date of August7, 2001, and an adjudication date of December 31, 2001, located at a point in the NW1/4 SE1/4 of Section 7, T. 1 N., R. 76 W. of the 6 th P.M., at a point 2,600 feet south of the north section line and 2,800 feet east of the west section line, for irrigation, commercial, domestic, augmentation, stockwatering, municipal use, recreation, wildlife propagation, piscatorial and fire protection uses, the source of which is runoff from a tributary of Muller Creek, tributary to Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River, and from Ten Mile Creek and the Fraser River, tributary to the Colorado River, and groundwater tributary thereto. A decree finding that the previous owner of this water right had exercised reasonable diligence with respect to this water right was entered by the Water Court in Case No. 11CW8. 4. Detailed outline of work done to complete the project and apply water to beneficial use: Grand Elk Owners Association (“Grand Elk”) operates an integrated


water supply system that provides water to the Grand Elk Ranch & Club located within the Town of Granby, i.e., a single, unified water system in which work done on any component of the system advances the whole. Grand Elk has incurred expenditures of over $ 1,090,200 during the diligence period to purchase, operate, maintain, and improve the water rights and water facilities associated with such service, including: A. acquisition of golf course property and water rights at a cost of $1,050,000. B. improvement project for Grand Elk Golf Diversion No.2, which included installation of a new head gate and culvert to allow for high flow during spring runoff, re-setting the flume, ditch bank improvements to control erosion, and beaver damn mitigation, at a cost of $9,200; C. main line compression coupler repair at a cost of $10,200; and D. irrigation system and pump house maintenance at a cost of $20,800. 5. Claim to Make Absolute a Portion of Water Rights: A. In July 2010, July 2012, and July 2014, Grand Elk diverted water at Grand Elk Golf Diversion No. 1 (at its alternate point of diversion No. 1A) at a rate of 400 gpm. The water right was in priority at the time of said diversions. The water was placed into Grand Elk Pond A temporarily, then delivered to the Grand Elk golf course for irrigation use. A map of the irrigated golf course and diversion records are attached hereto. B. In July 2010, Grand Elk diverted water at Grand Elk Golf Diversion No. 1 (at its alternate point of diversion No. 1A) at a rate of 400 gpm in the amount of 33.55 acre-feet, in July 2012 it diverted a total of 24.67 acre-feet, and in July 2014 it diverted a total of 31.87 acre-feet, all into storage in Grand Elk Pond A. The water so stored was subsequently delivered to the Grand Elk golf course for irrigation use. The water right was in priority at the time of said diversions. 6. Ownership: Applicant is the owner of the structures described in paragraph 3.A through 3.H, 3.J, and 3.K. Wolford Mountain Reservoir described in paragraph 3.I is owned by the Colorado River Water Conservation District. Green Mountain Reservoir described in paragraph 3.I is owned by the United States of America. Linke Lake described in paragraph 3.L is located on land owned by Linke Cattle Ranch, LLC, PO Box 33, Granby, CO 80446, and First Western Trust Bank, 1200 17 th Street, Suite 1050, Denver, CO 80202-5830. 7. Remarks: Applications for findings of reasonable diligence and/or to make absolute the water rights described in paragraphs 3.J through 3.L are not due at this time. However, Grand Elk is the new owner of all of the subject water rights, and it desires to have all of its conditional water rights on the same scheduling for diligence in the interests of efficiency for itself and the Court. As a result, it requests a finding of reasonable diligence for these three water rights at this time, with subsequent applications due at the same time as all of the other conditional water rights described herein, i.e., six years after the entry of a decree in this case. WHEREFORE, Grand Elk Owners Association seeks a finding that it has exercised reasonable diligence with respect to the conditional water rights described in paragraph 3 above, that it has made absolute the portions of the water rights described in paragraph 5 above or else that it has exercised reasonable diligence with respect to said portions, and such other and further relief as this Court deems just and proper. (5 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3048 (08CW23) SUMMIT COUNTY, COLORADO. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE TOWN OF BRECKENRIDGE. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8 th Street, Glenwood Springs, CO 81601. 1. Name and Address of Applicant: Town of Breckenridge (“Breckenridge”) c/o Town Manager, 150 Ski Hill Road, PO Box 168, Breckenridge, CO 80424. All pleadings should be directed to: Glenn E. Porzak, William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302 (303) 443-6800. 2. Overview: By this application, Breckenridge seeks a finding of reasonable diligence for the remaining conditional portion of the Blue River Well No. 3, First Enlargement, as more specifically described below. 3. Description of the Water Right: (a) Name of Water Right. Blue River Well No. 3, First Enlargement. (b) Original Decree. The Blue River Well No. 3, First Enlargement was originally decreed by the District Court in and for Water Division No. 5 (“Water Court”) in Case No. 79CW57 on August 17, 1980. The application for Case No. 79CW57 was filed on March 26, 1979. (c) Prior Diligence & Absolute Decrees: Previous findings of reasonable diligence and/or to make absolute were entered by the Water Court in Case No. 84CW197 on November 16, 1984; Case No. 88CW241 on November 10, 1988; Case No. 94CW274 on April 18, 1995; Case No. 01CW76 on February 5, 2002; and Case No. 08CW23 on May 24, 2009. (d) Legal Description of the Originally Decreed Point of Diversion: The Blue River Well No. 3, First Enlargement is located in the NW¼ of the SW¼ of Section 6, Township 7 South, Range 77 West of the 6th P.M., at a point 1,900 feet North of the South line and 1,170 feet East of the West line of said Section 6. See Exhibit 1. (e) Appropriation Date: December 15, 1978. (f) Source: A well having a depth of 12 feet and being hydraulically connected to and tributary to the Blue River. (g) Amount: 1.10 cfs, of which 0.66 cfs (300 gpm) is absolute and 0.44 cfs (200 gpm) is conditional. (h) Originally Decreed Uses: Municipal, irrigation, industrial, commercial, and domestic. (i) Remarks: i. In Case No. 00CW172, the Water Court approved a change of water right that allowed the subject water right to be alternately diverted at the outlet of the Goose Pasture Tarn, located on the Blue River at a point whence the Southwest Corner of Section 5, Township 7 South, Range 77 West of


the 6th P.M. lies North 2°41’39” East a distance of 3,026.64 feet, see Exhibit 1. Water diverted at this alternate point of diversion may be used for all municipal purposes within the service area of Breckenridge. ii. In Case No. 85CW567, the Water Court approved a plan to augment out-of-priority depletions from the Blue River Well No. 3, First Enlargement with Windy Gap Water and/or Green Mountain Reservoir water. 4. Detailed outline of work done to complete project and apply water to beneficial use. Breckenridge seeks a finding of reasonable diligence with regard to the conditional portion of the subject water right. As set forth in Case No. 01CW76, the Blue River Well No. 3, First Enlargement is part of the integrated water supply system for Breckenridge as result work done on these other features is evidence of diligence for the subject water right. Evidence of Breckenridge’s diligence includes, but is not limited to, the following: (a) Breckenridge spent in excess of $300,000 to improve, modify, upgrade, repair and maintain Goose Pasture Reservoir dam. This work included concrete repair work to the dam, three piezometers, valve repair, a dam seepage cutoff wall and pipe inspections. (b) Breckenridge previously spent in excess of $1,000,000 to improve the spillway of Goose Pasture Reservoir in order to ensure that the spillway is able to pass the inflow design flood generated by the probable maximum precipitation as provided for in the State Engineer’s Dam Safety and Dam Construction regulations. (c) Breckenridge spent in excess of $1,500,000 to upgrade, improve and repair the water distribution system which is required to use the Goose Pasture Tarn water in Breckenridge’s municipal system. (d) Breckenridge commenced a process to develop a second needed water treatment plant where the municipal water for the Town will be treated. Breckenridge has spent approximately $120,000 for the engineering feasibility study for this treatment plant. A second feasibility study with associated surveying and water main sleeve installation was also performed at a cost of $544,000. (e) Breckenridge has allocated $780,000 to replace water mains in the Peak 7 neighborhood and construction will commence in June 2015. (f) Breckenridge has spent in excess of $140,000 for water right contracts, special use permits, and stream gage maintenance. (g) Breckenridge entered into leases with the Breckenridge Ski Resort for the lease of up to 550 acre feet of Goose Pasture Reservoir water for use in the Resort’s snowmaking operations. (h) Breckenridge has participated in the negotiating process with the Middle Park Water Conservancy District to firm up the yield of Breckenridge’s Windy Gap water. (i) Breckenridge has participated in the negotiation of the Colorado River Cooperative Agreement with Denver which provides funds for the improvement of the Town’s integrated water system and additional water that can be stored in the future enlargement of Goose Pasture Tarn. (j) Breckenridge has regularly monitored the filings of other water users. It has filed statements of opposition to, and has incurred legal and engineering costs in connection with numerous cases to protect its water rights. The Blue River Well No. 3, First Enlargement water right is an important component of Breckenridge’s present and future water supply. Breckenridge believes that it can and will complete the appropriation within a reasonable time and intends to perfect the subject water right. 6. Name and address of the owner of the land on which the subject water right is located: The originally decreed location for the Blue River Well No. 3, First Enlargement is located on land owned by Warriors Mark Association Inc. P.O. Box 2529 Breckenridge, CO 80424. The alternate point of diversion at the outlet of the Goose Pasture Tarn is owned by the Town of Breckenridge. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3049 GARFIELD COUNTY. ROARING FORK RIVER. Troy D. Vincent and Cher R. Vincent and Cottonwood Hollow Homeowners’ Association, c/o Patrick, Miller & Noto, P.C., Scott C. Miller, Esq. and Danielle L. Van Arsdale, Esq., 229 Midland Avenue, Basalt, CO 81621, (970) 920-1028 and Jefferson V. Houpt, Esq. and Ryan M. Jarvis, Esq., Beattie, Chadwick & Houpt, LLP, 932 Cooper Avenue, Glenwood Springs, CO 81601, (970) 345-8659. APPLICATION FOR CHANGE OF WATER RIGHT AND CHANGE TO PLAN FOR AUGMENTATION. First Claim: For Change of Water Right. Name of water right to be changed: Bobcat Ridge Estates Well No. 1 (“Well”). Original decree: In Case No. 80CW359, on April 18, 1981, the Division 5 Water Court decreed the Well to applicant Cottonwood Hollow HOA’s predecessor for 0.033 c.f.s. (15 g.p.m.) conditional for domestic use inside one single-family dwelling, irrigation of up to 1,000 square feet of lawns and gardens, watering of 1 horse, and fire protection purposes, with a maximum annual diversion of 2.0 acre-feet and an appropriation date of March 26, 1980. Subsequent decrees: In Case No. 00CW159, on April 22, 2005, the Division 5 Water Court changed the decreed uses of the Well to domestic inside one single-family dwelling, irrigation of up to 1,500 square feet of lawns and gardens, and watering of 4 horses, with a maximum annual diversion on 2.0 acre-feet. In Case No. 07CW177, on January 11, 2010, the Division 5 Water Court made the domestic and irrigation uses at the Well absolute; and continued conditional the watering of 4 horses. In Case No. 08CW12, on June 23, 2011, the Division 5 Water Court added a junior water right to the Well for 0.011 c.f.s. (5 g.p.m.) conditional for domestic use inside 1 single-family dwelling, with an appropriation date of October 20, 2007. The current amounts, uses, and appropriation dates decreed to the Well are summarized in the following table. Amount ABS/COND Use Adjudication Date Appropriation


Date 0.33 cfs ABS Domestic inside 1 single-family 12/31/1980 3/26/1980 (15 gpm) dwelling 0.33 cfs ABS Irrigation of 1,500 square feet of 12/31/1980 3/26/1980 (15 gpm) lawns and gardens 0.33 cfs COND Watering of 4 horses 12/31/1980 3/26/1980 (15 gpm) 0.011 cfs COND Domestic inside 1 single-family 12/31/2008 10/20/2007 (5 gpm) dwelling Legal description: The NE¼SW¼ of Section 12, Township 7 South, Range 88 West of the 6 th P.M., at a point approximately 2,100 feet from the South section line and 2,000 feet from the West section line (Garfield County). Maps are on file with the Court. Source: Groundwater tributary to Cattle Creek and the Roaring Fork River. Description of change: Applicants request to change and “re-mix” the uses decreed to the Well. Specifically, Applicants request to delete watering of 3 horses and add one domestic single family dwelling. The rate of diversion of 0.033 c.f.s. (15 gpm) and the maximum annual allowed diversion of 2.0 acre feet will remain the same for all uses, as changed herein. Cancellation and abandonment: As part of this change application and in order to limit the diversion rate for the Well to no more than 15 gpm, Applicant Vincent additionally requests to cancel and abandon the 0.011 c.f.s. (5 g.p.m.) and the uses decreed conditional for domestic use inside one single-family dwelling in Case No. 08CW12 for the Well. After the change and abandonment described above, the decreed rate and uses of the Well will be 0.033 c.f.s (15 gpm) for domestic inside 2 single-family dwellings, irrigation of up to 1,500 square feet of lawns and gardens, and watering of 1 horse, summarized as follows: Rate ABS/COND Use Priority Date 0.033 cfs ABS Domestic inside 1 single-family 12/31/1980 (15 gpm) dwelling 0.033 cfs ABS Irrigation of 1,500 square feet of 12/31/1980 (15 gpm) lawns and gardens 0.033 cfs COND Domestic inside 1 single-family 12/31/1980 (15 gpm) dwelling 0.033 cfs COND Watering of 1 horse 12/31/1980 (15 gpm) Statement of “no injury” by change. As more specifically described below, the requested change will not expand the decreed, historic and/or contemplated diversions (in rate, time, place of use, and amount), nor the consumptive use associated with the Well: Diversions: Exhibit B to the 00CW159 decree shows the estimated Lot 1 diversions in AF/YR and states that “actual diversions may exceed estimations so long as they do not exceed the permitted limitation on diversions.” Exhibit A to the 00CW159 decree provides the permitted limitation on diversions as 2.0 acre feet for Lot 1. This is also consistent with the existing well permit for Lot 1 which allows a cumulative diversion amount of 2.0 acre feet. Adding a second single-family dwelling and doubling the estimated domestic diversions would put the total diversions at 0.9492 AF/YR (0.5571 + 0.3921). This is less than the permitted maximum diversion of 2.0 AF/YR, even before deleting the watering of 3 horses. Applicants will limit diversions to the decreed rate of 0.033 c.f.s. (15 gpm). Historic diversions for the existing single family dwelling will not change. Thus, there is no expansion of decreed, historic or contemplated diversions, in rate or amount. Consumptive Use: Under the 00CW159 decree, monthly depletions in acre-feet associated with the Well for Lot 1 are as follows: Month Domestic Irrigation Stockwater TOTAL Apr. 15 0.0016 0.0028 0.0044 May 0.0033 0.0131 0.0056 0.0220 June 0.0033 0.0165 0.0056 0.0254 July 0.0033 0.0155 0.0056 0.0244 Aug. 0.0033 0.0099 0.0056 0.0188 Sept. 0.0033 0.0086 0.0056 0.0175 Oct. 15 0.0016 0.0028 0.0044 TOTAL 0.0197 0.0636 0.0336 0.1169 Under the change requested herein (adding one dwelling and deleting 3 horses), the new depletions in acre feet for the Well for Lot 1 will be: Month Domestic Irrigation Stockwater TOTAL Apr. 15 0.0032 0.0007 0.0039 May 0.0066 0.0131 0.0014 0.0211 June 0.0066 0.0165 0.0014 0.0245 July 0.0066 0.0155 0.0014 0.0235 Aug. 0.0066 0.0099 0.0014 0.0179


Sept. 0.0066 0.0086 0.0014 0.0166 Oct. 15 0.0032 0.0007 0.0039 TOTAL 0.0394 0.0636 0.0084 0.1114 Thus, the requested change will not result in expansion of consumptive use because the consumptive use after the change will be less, on a monthly and total annual basis, than the originally decreed consumptive use. Location and timing of depletions. Because the source of water remains the Well, there is no change in the point of depletion on Cattle Creek. Finally, the timing of depletions remains the same as shown by the above tables. The Well is currently permitted under State Engineer’s Office Well Permit No. 52733-F. Vincent will secure a new well permit that reflects the changed uses upon entry of a final decree in this case. The name and address of the owner of the land upon which the Well is located and upon which water is and will be put to beneficial use: Troy and Cher Vincent. Second Claim: For Change to Plan for Augmentation. Name of plan to be changed: Cottonwood Hollow HOA Augmentation Plan. Original decree: In Case No. 80CW359, on April 18, 1981, the Division 5 Water Court decreed a plan for augmentation to Cottonwood Hollow HOA’s predecessor to replace all out-of-priority depletions at the Bobcat Ridge Estates Well Nos. 1-35 during the irrigation season. The plan augmented each well for 0.033 c.f.s. (15 g.p.m.), with a maximum annual diversion of 2.0 acre-feet, for domestic use inside 1 single-family dwelling, irrigation of up to 1,000 square feet of lawns and gardens, watering of 1 horse, and fire protection purposes. The replacement source is McVey Reservoir, originally decreed in Case No. 79CW59, Division 5 Water Court. Subsequent decree: In Case No. 00CW159, on April 22, 2005, the Division 5 Water Court amended the plan for augmentation. The plan now replaces all out-of-priority depletions at the Bobcat Ridge Estates Well Nos. 1-13 during the irrigation season for a changed set of uses at each well. This included augmenting domestic use inside 1 single-family dwelling, irrigation of up to 1,500 square feet of lawns and gardens, and watering of 4 horses for the Well, described above. In total, the amended plan augmented domestic use inside 13 single-family dwellings, irrigation of up to 17,000 square feet (0.39 acre) of lawns and gardens, and watering of 29 horses. Description of change: Applicants propose to amend the Bobcat Ridge Estates Augmentation Plan to reflect the change of water right for the Well described in the First Claim above. Specifically, Applicants request to change the uses augmented at the Well to domestic use inside 2 single-family dwellings, irrigation of up to 1,500 square feet of lawns and gardens, and watering of 1 horse. Therefore, the plan will now augment domestic use inside a total of 14 single-family dwellings, irrigation of up to a total of 17,000 square feet (0.39 acre) of lawns and gardens, and watering a total of 26 horses. Upon approval of the amendment requested herein, the table of releases from McVey Reservoir shown at paragraph 7 of the 00CW159 Decree will be changed as follows: CONSUMPTIVE USE IN ACRE-FEET Month Pond Surface Evap. Pond Evap. Irr. CU 0.39 A Irr. 14 Dom. 26 Horses Total Acres AF/A AF AF/A AF/CU AF/CU AF/CU Apr. 15 0.280 0.06 0.008 0.0224 0.0182 0.0486 May 0.275 0.40 0.110 0.38 0.1482 0.0462 0.0364 0.3408 June 0.232 0.50 0.116 0.48 0.1872 0.0462 0.0364 0.3858 July 0.208 0.52 0.108 0.45 0.1755 0.0462 0.0364 0.3661 Aug. 0.159 0.44 0.070 0.29 0.1131 0.0462 0.0364 0.2657 Sept. 0.106 0.32 0.034 0.25 0.0975 0.0462 0.0364 0.2141 Oct. 15 0.020 0.20 0.002 0.0224 0.0182 0.0426 Total 0.448 0.7215 0.2758 0.2184 1.6637 Statement of no injury: The amendment to the plan for augmentation requested herein will not increase the rate or amount of monthly or annual depletions under the existing plan and will not alter the timing or location of those depletions, nor will it change the source or timing of replacements. The total monthly consumptive use requirements to be replaced with releases out of McVey Reservoir are lower each month under the plan for augmentation as changed in this case. Therefore, the requested change to the plan for augmentation does not require additional replacement water and will not cause injury to the stream or to the vested water rights of others. (11 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3051 PITKIN COUNTY. ROARING FORK RIVER. AVR AH LLC, c/o Patrick, Miller & Noto, P.C., Kevin L. Patrick, Esq. and Christopher R. Stork, Esq., 229 Midland Avenue, Basalt, CO 81621, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. FIRST CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: West


Ranch Pond No. 2. Type: Reservoir. Original decree date: December 9, 2001. Case No. 00CW278, Division 5 Water Court. Subsequent diligence decree: Case No. 07CW257; May 24, 2009. Legal description: Located in the NE ¼, SW ¼ of Section 5, T. 9 S., R. 85 W., of the 6th P.M., Pitkin County, Colorado, at a point 1,500 feet from the south section line and 1,500 feet from the west line of Section 5. Source: 0.25 c.f.s. from the Waco Ditch AVR Junior Enlargement, described below, tributary to Woody Creek, the Roaring Fork and the Colorado Rivers. Appropriation date: December 22, 2000. Remaining conditional amount: 0.75 acre-feet. Surface area: 0.25 acres. Maximum dam height: 9 feet. Dam length: 100 feet. Total capacity: 0.75 acre-feet. Active capacity: 0.50 acre feet. Dead storage: 0.25 acre-feet. Remaining conditional uses: Piscatorial, wildlife, recreation, fire protection, and augmentation. Work to complete the appropriation, including expenditures, is on file with the Court. Applicant owns the land where the structure is located and upon which the water is placed to beneficial use. Applicant has filed an application to change the point of storage for this water right in Case No. 15CW3052. This location is also on land owned by Applicant. SECOND CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Lot 1 Pond. Type: Reservoir. Original decree date: December 9, 2001. Case No. 00CW278, Division 5 Water Court. Subsequent diligence decree: Case No. 07CW257; May 24, 2009. Legal description: Located in the SW ¼ SW ¼ of Section 4, T. 9. S., R. 85 W., of the 6 th P.M., Pitkin County, Colorado, at a point 675 feet from the south section line and 1,050 feet from the west line of said Section 4. Source: 0.25 c.f.s. from the Waco Ditch AVR Junior Enlargement, described below, tributary to Woody Creek, the Roaring Fork and the Colorado Rivers. Appropriation date: December 22, 2000. Remaining conditional amount: 0.75 acre-feet. Surface area: 0.25 acres. Maximum dam height: 9 feet. Dam length: 100 feet. Total capacity: 0.75 acre-feet. Active capacity: 0.50 acre feet. Dead storage: 0.25 acre-feet. Remaining conditional uses: Piscatorial, wildlife, recreation, fire protection, and augmentation. Work to complete the appropriation, including expenditures, is on file with the Court. Applicant owns the land where the structure is located and upon which the water is placed to beneficial use. Applicant has filed an application to charge the point of storage for this water right in Case No. 15CW3052. This location is also on land owned by Applicant. THIRD CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Lot 2 Pond. Type: Reservoir. Original decree date: December 9, 2001. Case No. 00CW278, Division 5 Water Court. Subsequent diligence decree: Case No. 07CW257; May 24, 2009. Legal description: Located in the SW ¼ SW ¼ of Section 4, T. 9 S., R. 85 W., of the 6 th P.M., Pitkin County, Colorado, at a point 825 feet from the south section line and 350 feet from the west line of said Section 4. Source: 0.25 c.f.s. from the Waco Ditch AVR Junior Enlargement, described below, tributary to Woody Creek, the Roaring Fork and the Colorado Rivers. Appropriation date: December 22, 2000. Remaining conditional amount: 0.75 acre-feet. Surface area: 0.25 acres. Maximum dam height: 9 feet. Dam length: 100 feet. Total capacity: 0.75 acre-feet. Active capacity: 0.50 acre feet. Dead storage: 0.25 acre-feet. Remaining conditional uses: Piscatorial, wildlife, recreation, fire protection, and augmentation. Work to complete the appropriation, including expenditures, is on file with the Court. Applicant owns the land where the structure is located and upon which the water is placed to beneficial use. Applicant has filed an application to charge the point of storage for this water right in Case No. 15CW3052. This location is also on land owned by Applicant. FOURTH CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Lot 3 Pond. Type: Reservoir. Original decree date: December 9, 2001. Case No. 00CW278, Division 5 Water Court. Subsequent diligence decree: Case No. 07CW257; May 24, 2009. Legal description: Located in the SW ¼ SW ¼ of Section 4, T. 9 S., R. 85 W., of the 6 th P.M., Pitkin County, Colorado, at a point 400 feet from the south section line and 800 feet from the west line of said Section 4. Source: 0.25 c.f.s. from the Waco Ditch AVR Junior Enlargement, described below, tributary to Woody Creek, the Roaring Fork and the Colorado Rivers. Appropriation date: December 22, 2000. Remaining conditional amount: 0.75 acre-feet. Surface area: 0.25 acres. Maximum dam height: 9 feet. Dam length: 100 feet. Total capacity: 0.75 acre-feet. Active capacity: 0.50 acre feet. Dead storage: 0.25 acre-feet. Remaining conditional uses: Piscatorial, wildlife, recreation, fire protection, and augmentation. Work to complete the appropriation, including expenditures, is on file with the Court. Applicant owns the land where the structure is located and upon which the water is placed to beneficial use. Applicant has filed an application to charge the point of storage for this water right in Case No. 15CW3052. This location is also on land owned by Applicant. FIFTH CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Waco Ditch AVR Junior Enlargement. Type: Ditch. Original decree date: December 9, 2001. Case No. 00CW278, Division 5 Water Court. Subsequent diligence decree: Case No. 07CW257; May 24, 2009. Legal description: Located on the north bank of Woody Creek at a point about one mile above the mouth of said creek in Section 13, T. 9 S., R. 85 W., of the 6 th P.M., Pitkin County, Colorado. Source: Woody Creek, a tributary of the Roaring Fork and Colorado Rivers. Appropriation date: December 22, 2000. Remaining conditional amount: 0.25 c.f.s. Remaining conditional uses: Pond filing. Work to complete the appropriation, including expenditures, is on file with the Court. Applicant owns the land where the structure is located and upon which the water is placed to beneficial use. The Waco Ditch AVR Enlargement will supply the storage water rights described herein as originally decreed but at their new place of storage as sought to be changed in Case No. 15CW3052. (8 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may


affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3052 PITKIN COUNTY. ROARING FORK RIVER. AVR AH LLC, c/o Patrick, Miller & Noto, P.C., Kevin L. Patrick, Esq. and Christopher L. Stork, Esq., 229 Midland Avenue, Basalt, CO 81621 (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHTS. CLAIM FOR CHANGE OF WATER RIGHTS. Decreed water right for which change is sought: Lot 1 Pond, Lot 2 Pond, Lot 3 Pond, West Ranch Pond 2, AVR Pond 11, a/k/a AVD Pond 11, AVR Pond 12, a/k/a AVD Pond 12, AVR Pond 13, a/k/a AVD Pond 13, AVR Pond 14,a/k/a AVD Pond 14. Date of original and all relevant subsequent decrees: As for Lot 1-3 Ponds and the West Ranch Pond 2: Case No. 00CW278, Water Division No. 5; signed December 9, 2001. As for AVR Ponds 11-14: Case No. 95CW264, Water Division No. 5; signed December 26, 1997, amending Case No. 89CW291. Legal description of structure: Lot 1 Pond. Pitkin County, SW ¼, SW ¼, Section 4, Township 9 South, Range 85 West, 6 th P.M, 675 feet from the south section line and 1050 feet from the west section line. Lot 2 Pond: Pitkin County, SW ¼, SW ¼, Section 4, Township 9 South, Range 85 West, 6th P.M, 825 feet from the south section line and 350 feet from the west section line. Lot 3 Pond: Pitkin County, SW ¼, SW ¼, Section 4, Township 9 South, Range 85 West, 6th P.M, 400 feet from the south section line and 800 feet from the west section line. West Ranch Pond No. 2: Pitkin County, NE ¼, SW ¼, Section 5, Township 9 South, Range 85 West, 6th P.M, 1500 feet from the south section line and 1050 feet from the west section line. AVR Pond 11, a/k/a AVD Pond 11: Pitkin County, SW ¼, SW ¼, Section 4, Township 9 South, Range 85 West, 6th P.M, 1220 feet from the south section line and 1270 feet from the west section line. AVR Pond 12, a/k/a AVD Pond 12: Pitkin County, SE ¼, SW ¼, Section 4, Township 9 South, Range 85 West, 6 th P.M, 720 feet from the south section line and 1600 feet from the west section line. AVR Pond 13, a/k/a AVD Pond 13: Pitkin County, SE ¼, SW ¼, Section 4, Township 9 South, Range 85 West, 6th P.M, 80 feet from the south section line and 1870 feet from the west section line. AVR Pond 14, a/k/a AVD Pond 14: Pitkin County, NE ¼, NW ¼, Section 9, Township 9 South, Range 85 West, 6 th P.M, 80 feet from the north section line and 2050 feet from the west section line. Decreed source of water, Lot 1-3 Ponds and the West Ranch Pond No. 2: Applicant’s ownership of the Waco Ditch AVR Enlargement water right for 0.25 cfs, which diverts from Woody Creek, tributary to the Roaring Fork and Colorado Rivers. Decreed source of water, AVR Ponds 11, 12, 13 and 14: Applicant’s ownership in the Salvation Ditch, which diverts from the Roaring Fork River, tributary to the Colorado River. Appropriation, Lot 1-3 Ponds and the West Ranch Pond No. 2: All four storage rights have an appropriation date of December 22, 2000. Appropriation, AVR Ponds 11, 12, 13 and 14: All four storage rights have an appropriation date of August 17, 1995. Total amount decreed to each structure: 0.75 acre feet each for Lot 1-3 Ponds and West Ranch Pond No. 2, 2.00 acre feet each for AVR Pond Nos. 11 & 12, 0.30 acre feet for AVR Pond 13, and 1.00 acre foot for AVR Pond 14. Decreed Uses: Lot 1-3 Ponds and the West Ranch Pond 2: Piscatorial, wildlife, recreation, fire protection, and augmentation. Decreed Uses: AVR Ponds 11-14: Operational storage for irrigation systems and for aesthetic, recreation, and fire protection. Amount of water that applicant intends to change: Applicant seeks to change the entire water rights for each of the named structures named. Detailed description of proposed change: Applicant intends to develop the water rights at locations more than twohundred feet from the decreed locations, but still solely upon the Applicant’s property. There are no intervening water rights between the new places of storage and the decreed places of storage as the ponds are all off-channel. The decreed surface area and volumes of the ponds to be changed are as follows: Decreed Decreed Decree Volume Surface Area Case Number Lot 1 Pond 0.75 acre-feet 0.25 acre 00CW278 Lot 2 Pond 0.75 acre-feet 0.25 acre 00CW278 Lot 3 Pond 0.75 acre-feet 0.25 acre 00CW278 AVR Pond 11 2.00 acre feet 0.50 acre 95CW264 AVR Pond 12 2.00 acre feet 0.50 acre 95CW264 AVR Pond 13 0.30 acre feet 0.10 acre 95CW264 AVR Pond 14 1.00 acre foot 0.25 acre 95CW264 West Ranch Pond 2 0.75 acre feet 0.25 acre 00CW278 ////////////// Totals: 8.30 acre feet 2.35 acres The water rights will be transferred as follows: The entirety of the AVR Pond 11 water right and an undivided 10.4% interest in the AVR Pond 12 water right shall be transferred to the Homestead 5 Water Feature, the Homestead 7 Pond System, and the Homestead 9 Water Feature, as follows: The Homestead 5 Water Feature (“H5WF”) is approximately 250 feet in length with an open water surface area of 0.026 acres and an approximate volume of 0.026 acre feet based on an average depth of 1.0 foot. This water feature will provide the Applicant with an aesthetic and recreational amenity and may be recirculating. The midpoint of the H5WF is described as Pitkin County, SW ¼, SW ¼, Section 4, Township 9 South, Range 85 West, 6 th P.M, 830 feet from the south section line and 474 feet from the west section line. The Homestead 7 Pond System (“H7PS”) consists of two or more interconnected ponds with a total open water surface area of 0.460 acres and a volume of 1.780 acre feet. This pond system will provide the Applicant with an aesthetic and recreational amenity, while also providing operational storage for irrigation and fire protection. This pond system will be recirculating. The centroid of the H7PS is described as Pitkin County, SW ¼, SW ¼, Section 4, Township 9 South, Range 85 West, 6 th P.M, 1100 feet from the south section line and 703 feet from the west section line. The Homestead 9 Water Feature (“H9WF”) is Water Right


approximately 700 feet in length with an open water surface area of 0.066 acres and an approximate volume of 0.066 acre feet based on an average depth of 1.0 foot. This water feature will provide the Applicant with an aesthetic and recreational amenity and will be recirculating. The midpoint of the H9WF is described as Pitkin County, SW ¼, NW ¼, Section 4, Township 9 South, Range 85 West, 6th P.M, 2753 feet from the north section line and 290 feet from the west section line. The entirety of the AVR Pond 13 and AVR Pond 14 water rights and the remaining 89.6% interest in the AVR Pond 12 water right shall be transferred to the AVR Lower Irrigation Control Structure (“ AVR Lower ICS”). The AVR Lower ICS consists of a single storage facility with a total open water surface area of 1.400 acres at high water line and a volume of 7.53 acre feet. This irrigation control structure will provide the Applicant with operational storage for irrigation and fire protection. The outlet of the AVR Lower ICS is described as Pitkin County, NW ¼, NE ¼, Section 8, Township 9 South, Range 85 West, 6 th P.M, 195 feet from the north section line and 1874 feet from the east section line. The entirety of Lot 1 Pond, Lot 2 Pond, Lot 3 Pond, and West Ranch Pond No. 2 water rights shall be transferred to the AVR Lower ICS described below. The source of fill for the AVR Ponds 11-14 decreed in Case No. 95CW264 will remain unchanged, being the Salvation Ditch. The source of fill for the Lot 1 Pond, Lot 2 Pond, Lot 3 Pond, and West Ranch Pond No. 2 decreed in Case No. 00CW278 will remain unchanged, being the Waco Ditch AVR Junior Enlargement decreed for 0.25 cfs in said case. The evaporative losses from open water surfaces of the AVR Ponds 11-14 are fully augmented in Case No. 95CW264, while the evaporative losses from the Lot 1-3 Ponds and the West Ranch Pond No. 2 are not. Therefore, only 1.35 acres of open water surface area is presently augmented. Of this amount the H5WF, H7PS and H9WF evaporation will be fully augmented at the changed to location, and 57% of the open water surface area of the AVR Lower ICS will be augmented at the changed to location. By this change, the Applicant, as the owner of the plan for augmentation decreed in Case No. 00CW278, is abandoning that plan for augmentation and the conditional water rights decreed for the Lot 1 Well, Lot 2 Well, Lot 3 Well and West Ranch Well No. 2. Applicant is the owner of the lands upon which the structures are presently decreed and the lands upon which the structures will be changed to. Applicant is the owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The water rights described in this application together with the water right applied for in Case No. 15CW3053, filed even date herewith shall be deemed components of an integrated water supply project belonging to Applicant. (23 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3053 PITKIN COUNTY. ROARING FORK RIVER. AVR AH LLC, c/o Patrick, Miller & Noto, P.C., Kevin L. Patrick, Esq. and Christopher Stork, Esq., 229 Midland Avenue, Basalt, CO 81621, (970) 920-1030. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT. CLAIM FOR WATER STORAGE RIGHT. Name of reservoir: AVR Lower ICS (Irrigation Control Structure). Legal description: The outlet of the AVR Lower ICS is described as Pitkin County, NW ¼, NE ¼, Section 8, Township 9 South, Range 85 West of the 6th P.M., 195 feet from the north section line and 1874 feet from the east section line. Source of water: The AVR Lower ICS (Irrigation Control Structure) is an on-channel reservoir located on Dry Woody Creek that will be used as an irrigation control structure. The AVR Lower ICS will receive supplies from Applicant’s interests in the Salvation Ditch, which diverts from the Roaring Fork River and the Waco Ditch, which diverts from Woody Creek. At times when these water rights do not require the full capacity of the reservoir (generally outside of the historic irrigation season) water will be stored when the junior water right applied for herein is physically and legally available. In addition, the AVR Lower ICS may receive water from the AVR Well Field, which withdraws alluvial water tributary to the Roaring Fork River, pursuant to a Basalt Water Conservancy District Allotment Contract. If filled from a ditch or ditches, the name of the ditch used to fill the AVR Lower ICS and capacity of that ditch is as follows: A private lateral belonging to Applicant which carries a portion of Applicant’s interests in the Waco Ditch and Salvation Ditch water rights belonging to Applicant (capacity under 3.0 cfs). Both the Waco Ditch and Salvation Ditch terminate at Applicant’s property boundary and are carried in Dry Woody Creek to the Pond applied for herein. Date of Appropriation: August 31, 2011. How appropriation was initiated: Construction of the reservoir and formulation of intent to apply water to the beneficial uses claimed. Date water applied to beneficial use: N/A. Amount claimed: 1.438 AF for fire protection, absolute, 4.530 AF for irrigation, irrigation control, conditional, with the right to fill and refill. In Case No. 15CW3052, certain existing storage water rights belonging to Applicant are seeking to be changed to the AVR Lower ICS place of storage. The AVR Pounds 12-14 rights that are being transferred total 3.092 AF and are decreed for piscatorial, wildlife, recreation, fire protection, and augmentation. The Lot 1-3 Ponds and West Ranch No. 2 rights that are being transferred total 3.0 AF and are decreed for operational irrigation, aesthetics, recreational, and fire protection. The total volume of the pond is 7.53 acre feet. The breakdown above reflects the amount of water needed under the new, junior appropriation. Use: Irrigation, irrigation control, wetland mitigation, and standby fire protection. If irrigation, complete the


following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: Applicant intends to use the AVR Lower ICS as the primary irrigation control structure serving the Aspen Valley Ranch. Water stored in priority together with deliveries from the Applicant’s interests in the Salvation Ditch and Waco Ditch water rights will be used to irrigate 307 acres. The legal description of the land irrigated: 306.83 acres generally located within the legal description on file with the Court. If nonirrigation, describe purpose fully: Wetland mitigation and standby fire protection. Surface area of high water line: 1.40 acres. Maximum height of dam in feet: 7.0 feet. Length of dam: 570 feet. Total capacity of reservoir in acre feet: 7.53 AF. Active Capacity: 5.65 AF. Dead Storage: 1.88 AF. The name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. Applicant acknowledges that certain water rights downstream of this pond on Dry Woody Creek are senior to its claim herein. In order to protect those rights from injury and facilitate the administration of this reservoir, provided Applicant receives all required permits from the US Army Corps of Engineers to construct such, Applicant intends to install a stream measuring station (“Station”) at a point on Dry Woody Creek immediately above where Applicant discharges its Salvation and Waco Ditch water rights for carriage in Dry Woody Creek to the AVR Lower ICS applied for herein. At all times when the junior water right applied for herein is out of priority, but the AVR Lower ICS is being used as an irrigation control structure for water supplies originating from Applicant’s Salvation Ditch and Waco Ditch water rights, Applicant will release water from the AVR Lower ICS in an amount matching the flow rate measured at the Station. Applicant is the owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. (8 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 14CW3095 (PITKIN, ROARING FORK, WATER DISTRICT 38) Applicant: High Valley Farms, LLC, c/o Rhonda J. Bazil and Beth Van Vurst, Rhonda J. Bazil, P.C., 230 E. Hopkins Ave., Aspen, CO 81611, (970) 925-7171. FIRST AMENDED APPLICATION FOR UNDERGROUND WATER RIGHT, SURFACE WATER RIGHT, WATER STORAGE RIGHTS AND PLAN FOR AUGMENTATION AND EXCHANGE. Applicant hereby amends the original Application as provided below. 1.) Paragraphs 5.B., 13.B., 36.E and 46 of the Application are amended to read as follows: How appropriation was initiated: Field inspection, survey and formulation of intent to apply water to beneficial use as well as through the filing of the Application and the subsequent amendment thereto. 2.) Paragraph 14 of the Application is amended to read as follows: Amount claimed: 0.51 acre-feet, conditional. 3.) Paragraph 17, including subparagraph (a), of the Application is amended to read as follows: Total capacity of storage in acre-feet: 0.51 acre-feet. A. Active capacity: 0.51 acre-feet. 4.) The first sentence of Paragraph 19 is amended as follows: The HVF Storage Tanks will consist of one or more underground storage tanks with a cumulative capacity of 0.51 acre-feet. 5.) Paragraph 21, in its entirety, is amended to read as follows: The HVF Well was originally permitted as an exempt well and assigned Well Permit No. 57683. That exempt well permit, together with the Well Completion and Pump Installation Report, were attached to the initial Application as Exhibits “B” and “C” respectively, and are on file with the Court. Applicant subsequently applied for and obtained Well Permit No. 78746-F that allows the HVF Well to be operated pursuant to the Substitute Water Supply Plan. Applicant will apply for a well permit to enlarge and expand the uses of the HVF Well and will supplement this Application in accordance with C.R.S. §3792-302(2)(a). 6.) The last sentence of Paragraph 25.B. is amended to read as follows: For the conditional appropriation, by field inspection, survey and formulation of intent to apply water to beneficial use as well as through the filing of the Application and the subsequent amendment thereto. 7.) Paragraph 27 of the Application is amended, in its entirety, to read as follows: 5 g.p.m., absolute, for in-house purposes within a single-family residence; 10 g.p.m., conditional, for in-house purposes within a single-family residence; 15 g.p.m. for fire protection, the filling and refilling of the HVF Operational Tank for the purposes described in Paragraph 38 below as well as any and all commercial and industrial uses associated with operation of a marijuana cultivation facility, which includes, but is not limited to irrigation within a 37,500 square foot greenhouse, operation of evaporative cooling and odor suppression systems (collectively, the “Operation of the Mechanical Systems”), and “Commercial In-House Uses”. The term “Commercial In-House Uses” includes all toilets, bathroom sinks, hand/utility sinks, washing machines and hose bibs located within the facility. Amount claimed in acre-feet annually: 7.56 acre-feet, of which 0.17 acre-feet is claimed absolute for in-house purposes within a single-family residence. 8.) The first, second and third sentences in Paragraph 30 of the Application are amended to read as follows: List all proposed uses: in-house purposes within one single-family residence, fire protection, fill and refill of the HVF Operational Tank applied for in the FOURTH CLAIM below, as well as any and all commercial and industrial uses associated with operation of a marijuana cultivation facility, which includes, but is not limited to irrigation within a 37,500 square foot greenhouse, Operation of the


Mechanical Systems and Commercial In-House Uses. 9.) The first and second sentences in Paragraph 38 of the Application are amended to read as follows: List all proposed uses: fire protection as well as any and all commercial and industrial uses associated with operation of a marijuana cultivation facility, which includes, but is not limited to irrigation within a 37,500 square foot greenhouse, Operation of the Mechanical Systems and Commercial In-House Uses. 10.) Paragraph 39 of the Application is amended to read as follows: Surface area of high water line: The HVF Operational Tank will be constructed underground. 11.) Paragraph 44.C. of the Application is amended to read as follows: The upstream terminus of the exchange reach is the uppermost point on the Roaring Fork River that is impacted by diversions from the HVF Well, which is more particularly described as the Southwest quarter of the Southeast quarter, Section 17, Township 8 South, Range 86 West of the 6th P.M., 641 feet from the South Section line and 2,658 feet from the East Section line, Pitkin County, Colorado. 12.) Paragraph 47 of the Application is amended to read as follows: Amount claimed: 0.011 cubic feet per second, conditional, with a maximum annual diversion of 2.96 acre-feet. 13.) The last sentence of Paragraph 48.D. is amended, in its entirety, to read as follows: 5 g.p.m., absolute, for in-house purposes within a single-family residence; 10 g.p.m., conditional, for in-house purposes within a single-family residence; 15 g.p.m., conditional, for fire protection, the filling and refilling of the HVF Operational Tank for the purposes described in Paragraph 38 below as well as any and all commercial and industrial uses associated with operation of a marijuana cultivation facility, which includes, but is not limited to irrigation within a 37,500 square foot greenhouse, Operation of the Mechanical Systems and Commercial In-House Uses. Amount claimed in acre-feet annually: 7.56 acre-feet. 14.) Paragraph 48.F. is amended, in its entirety, to read as follows: List all proposed uses: in-house uses within one single-family residence, fire protection, filling and refilling of the HVF Operational Tank for the purposes described in Paragraph 38 above, as well as any and all commercial and industrial uses associated with operation of a marijuana cultivation facility, which includes, but is not limited to irrigation within a 37,500 square foot greenhouse, Operation of the Mechanical Systems and Commercial In-House Uses. 15.) Paragraph 49.A.vi. is amended to read as follows: Amount claimed: 0.51 acre-feet, conditional. 16.) Paragraph 49.A.vii. is amended to read as follows: Amount to be included in this plan for augmentation: 0.51 acre-feet. 17.) Paragraph 49.B.i. is amended to read as follows: Amount to be included in this plan for augmentation: 0.9 acre-feet. 18.) Paragraph 49.C.iii. is amended to read as follows: Amount to be included in this plan for augmentation: 2.3 acre-feet. 19.) Paragraph 51 is amended, in its entirety, to read as follows: Complete statement of plan for augmentation and exchange. A. Background: Applicant is the owner of the real property described in Exhibit “D” attached to the initial Water Court Application, consisting of 4.701 acres (the “Property”). The Property contains an existing single-family residence and a 25,000 square foot marijuana cultivation facility. Water is currently diverted from the HVF Well for domestic purposes within the single-family residence as well as for irrigation, Operation of the Mechanical Systems and Commercial In-House Uses. In the future, Applicant intends to enlarge the marijuana cultivation facility to a maximum of 37,500 square feet. Applicant seeks to augment, either directly or by exchange, out-of-priority depletions caused by operation of the HVF Well for the above-referenced purposes on a year-round basis. B. Well Demands and Depletions: As shown in Table 1:Total Demands - Initial & Full Build-Out, the projected annual gross water requirement for the Property is currently 5.82 acre-feet and is anticipated to increase up to 7.56 acre-feet. This projection is based on extrapolations of data collected through several meters that have been installed on the HVF Well. For the purposes of this Augmentation Plan, Applicant has assumed that all water diverted for irrigation and Operation of the Mechanical Systems is 100% consumed. Applicant has also assumed that 15% of the water diverted for domestic use within the single-family residence and Commercial In-House Uses is consumed because all wastewater from such uses is released through an on-site non-evapotranspirative sewage disposal system. Ninety-five percent of all depletions caused by operation of the HVF Well will occur in the month in which the water is pumped. Only five percent of depletions will be lagged into the next month. The Glover analysis was based upon the following aquifer parameters: transmissivity of 100,000 gpd/ft.; specific yield of 0.2; and a distance from the well to the river of 100 feet. The total depletions associated with diversions from the HVF Well are 4.96 acre-feet and 6.37 acre-feet, respectively. The anticipated monthly distribution of these depletions is shown on Table 2: Total Depletions – Initial & Full Build-Out. For water uses within the facility, Applicant may change the amount of water diverted for each specific use within the two depletion categories of 100% and 15%, such as by diverting more water for irrigation and less water for Operation of the Mechanical Systems, so long as the total amount of depletions within each depletion category set forth in Table 2 are not exceeded on a monthly basis. C. Operation of Plan for Augmentation: The Applicant proposes to replace out-of-priority depletions from the HVF Well by means of this plan for augmentation. Augmentation water will be provided, either directly or by exchange, from one or more of these augmentation sources identified in Paragraph 50 depending on the timing and source of the senior call. All out-of-priority depletions will be replaced upstream of the location of the calling right. Table 3: Example of Out-ofPriority Depletions/Initial & Full Build-Out/Dry-Year Scenario provides an example of how the augmentation plan can operate to replace out-of-priority depletions from the HVF Well under a dry-year scenario. 20.) A new Paragraph 54 shall be added as follows: Pursuant to the terms of Paragraph 24.F. of the Decree in Case No. 10CW305, In Re the Application of the Board of County Commissioners, Pitkin County, Colorado, Applicant shall be entitled to operate the HVF Well, the HVF Pump and Pipeline, the HVF Operational Tank and HVF Storage Tanks depletions in the amount of 6.37 acre-feet per year as senior to the Recreational In-Channel Diversion decreed therein. 21.) All other aspects of the original Application shall remain unchanged. Tables 1 through 3 are included within the Amended Application that is on file with the Water Court. (11 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s


attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.