DISTRICT COURT, WATER DIVISION 6, COLORADO
TO ALL PERSONS INTERESTED IN WATER APPLICATIONS
IN WATER DIVISION 6
Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a
resume of Applications and Amended Applications filed in the office of Water Division 6,
during the month of OCTOBER, 2015.
15CW21 RIO BLANCO COUNTY- Application for Conditional Surface Rights. Applicants:
John and Susan Brassard 2604 East 1100 North Rd Milford Ill 60953; 8152780153. Name:
Brassard Spring. Legal Description: NW4 NE4, sec 30, T2N, R92W 6PM, 285 ft from N and
1928 ft from E, Source of PLSS info: Aqua Map. Source: Unnamed spring trib to Coal Creek trib
to White River. UTM coordinates; E-265446 N-4444716, zone 13, street address County Road
15, Meeker Co 81641. Amount claimed: 7gpm, Conditional; Uses: Domestic, irrigation,
livestock. Irrigation: proposed to be irrigated 10 acres not already under another water right. Use:
If the water is potable from this spring, and if the flow is strong enough, we may use it for
domestic purposes. We plan to improve the spring and ditch it to an existing pond, which is
approximately 15 ft by 30 ft by about 5 ft deep., for livestock watering, and possibly to pump
from for irrigating. The Pond is approximately 40 yards to the west of the spring. Applicants are
land owners. See Court file for Maps. Currently this spring is just a seep on a hillside, which has
some willows and grass growing around and below it. There is not enough water coming out of
the ground for it to flow into any drainage or creek.
15CW3039 (08CW25). ROUTT COUNTY. Application For Finding Of Reasonable Diligence
And To Make Conditional Water Rights Absolute. Concerning The Application For Water
Rights Of Sidney Peak Ranch Owners’ Association. District Court, Water Division No. 6, State
Of Colorado, 1955 Shield Dr. / P.O. Box 773117, Steamboat Springs, CO 80477. 1. Name and
Address of Applicant: Sidney Peak Ranch Owners’ Association, Inc., c/o Medora Fralick, 3001
S. Lincoln, Suite E, Steamboat Springs, CO 80487 (970) 879-1940. Direct all pleadings to:
Steven J. Bushong, Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th Street,
Boulder, CO 80302 (303) 443-6800. 2. Name of Structures. The following are collectively
referred to herein as the “Structures” in this Application: A. Sidney Peak Ranch Infiltration
Gallery. B. Sidney Peak Ranch Well. C. Sidney Peak Ranch Pond. 3. Description of Conditional
Water Rights: A. Original Decree. Water rights for the Structures were originally decreed on
April 3, 2002, in Case No. 00CW22, in District Court, Water Division No. 6. The Applicant in
that case, Sidney Peak Ranch Ltd. Liability Co., thereafter conveyed the water rights to the
Applicant, Sidney Peak Ranch Owners’ Association. B. Prior Diligence Decree. In Case No.
08CW25, Water Division No. 6, Applicant sought and obtained a decree that made portions of
the conditional water rights described below absolute and that found reasonable diligence for the
conditional rights not made absolute. C. Legal Description of Structures: i. Sidney Peak Ranch
Infiltration Gallery. The decreed location is in the alluvium of Oak Creek in Section 19, T. 5 N.,
R. 84 W., of the 6th P.M., at a point approximately 1,400 feet from the West section line and 350
feet from the North section line of said Section 19. ii. Sidney Peak Ranch Well. The decreed
location is adjacent to Oak Creek in Section 19, T. 5 N., R. 84 W., of the 6th P.M., at a point
approximately 1,510 feet from the West section line and 315 feet from the North section line of
said Section 19. iii. Sidney Peak Ranch Pond. The decreed location is adjacent to Oak Creek in
Section 19, T. 5 N., R. 84 W., of the 6th P.M., at a point approximately 1,510 feet from the West
section line and 315 feet from the North section line of said Section 19. The Structures are
depicted on the Map that is attached as Exhibit A. D. Decreed Source. The source for the Sidney
Peak Ranch Infiltration Gallery and the Sidney Peak Ranch Well is alluvial groundwater
tributary to Oak Creek, tributary to the Yampa River, and the source for the Sidney Peak Ranch
Pond is Oak Creek. E. Decreed Amount for Structures. i. Sidney Peak Ranch Infiltration Gallery:
150 gpm. 13 gpm of this water right was decreed absolute for all decreed uses except recreation
in Case No. 08CW25. 137 gpm remains conditional for all decreed uses except recreation, and
150 gpm remains conditional for recreation. ii. Sidney Peak Ranch Well. The right to
continuously divert water for freshening flows at the rate of infiltration (up to 0.50 cfs) and to fill
and/or refill the structure. The surface area of the Well is approximately 2.6 acres. Diversions
consist of groundwater and alluvial inflows from Oak Creek. Sidney Peak Ranch Well (Well
Permit No. 68490-F) was decreed absolute for all decreed uses except irrigation in Case No.
08CW25. Irrigation use only remains conditional. iii. Sidney Peak Ranch Pond. 24 acre-feet of
storage, conditional, and the right to continuously divert water from Oak Creek for freshening
flows, to maintain storage levels of 24 acre-feet, and to fill and/or refill at a rate of up to 0.5 cfs.
The surface area of the Pond is approximately 2.6 acres. This right remains fully conditional. F.
Appropriation Date. i. Sidney Peak Ranch Infiltration Gallery: March 30, 2000. ii. Sidney Peak
Ranch Well: June 15, 1994. iii. Sidney Peak Ranch Pond: June 15, 1994. G. Decreed uses. i.
Sidney Peak Infiltration Gallery. Partially conditional for domestic, commercial, irrigation, fire
protection and stock watering use; conditional for recreation. ii. Sidney Peak Ranch Well.
Absolute for recreation, aesthetic, piscatorial, wildlife, stock watering, evaporation, and fire
protection; conditional for irrigation (either within the Development or up to one acre adjacent to
the Well). iii. Sidney Peak Ranch Pond. Conditional for storage, recreation, aesthetic, piscatorial,
wildlife, stock watering, evaporation, irrigation (either within the Development or up to one acre
adjacent to the Well), domestic, commercial, fire protection, augmentation and exchange. H.
Remarks. The Sidney Peak Ranch Well and the Sidney Peak Ranch Pond are the same physical
structure. Per the decree in Case No. 00CW22, the Sidney Peak Ranch Pond shall remain
conditional until it is lined with an impervious layer. Once lined, the structure will no longer
intercept groundwater and will cease to be a well, in which case the Sidney Peak Ranch Well
will be considered abandoned and replaced by the Sidney Peak Ranch Pond. 4. Description of
Conditional Appropriative Rights of Exchange. The Structures are included within an
augmentation plan decreed in the above-referenced Case No. 00CW22 and are the subject of the
conditional appropriative rights of exchange (collectively referred to herein as the “Exchanges”)
described below. A. Suttle Ditch Exchanges. In Case No. 00CW22, Applicant quantified
historical depletion credits associated with its interest in the Suttle Ditch that is allowed to be
used in the following exchanges: From the diversion point of the Suttle Ditch on the Yampa
River downstream to the confluence with Oak Creek, then exchanged up Oak Creek to the
Sidney Peak Infiltration Gallery at a rate of 150 gpm and/or exchanged up to the Sidney Peak
Ranch Pond at a rate of 0.5 cfs, for the uses decreed for each Structure as described above, with
an appropriation date of May 31, 2000. The decreed point of diversion for the Suttle Ditch is on
the West bank of the Yampa River on the SE 1/4 of SE1/4 of Section 21, T. 5 N., R. 84 W. of the
6th P.M. in Routt County. B. Stagecoach Reservoir Exchange. In Case No. 00CW22, Applicant’s
contract right to 20 acre-feet of water stored in Stagecoach Reservoir was allowed to be used in
the following exchanges: From Stagecoach Reservoir on the Yampa River downstream to the
confluence of Oak Creek, then exchanged up Oak Creek to the Sidney Peak Infiltration Gallery
at a rate of 150 gpm and/or exchanged up to the Sidney Peak Ranch Pond at a rate of 0.5 cfs, for
the uses decreed for each Structure as described above, with an appropriation date of May 31,
2000. Stagecoach Reservoir is located on the Yampa River in the SW ¼ SE ¼ of Section 29, T. 4
N., R. 84 W., of the 6th P.M. C. Sidney Peak Ranch Pond Exchange. Exchange from the Sidney
Peak Ranch Pond upstream to the Sidney Peak Ranch Infiltration Gallery at a rate of 150 gpm
for the uses described for said Infiltration Gallery, with an appropriation date of May 31, 2000. 5.
Claim to Make Conditional Water Rights Absolute. A. Sidney Peak Ranch Infiltration Gallery.
The Infiltration Gallery pump was run at a rate of 60 gpm on several occasions during the
diligence period. An affidavit executed by Bruce Thompson, the Water System Operator for the
Applicant, confirms the rate of diversion and is attached as Exhibit B. Volumetric diversion
records maintained by both the Applicant and the Colorado Division of Water Resources reflect
ongoing diversions at the Sidney Peak Ranch Infiltration Gallery. Such diversion records are
attached as Exhibit C. Applicant hereby seeks to confirm that a total of 60 gpm of the water right
decreed to the Sidney Peak Ranch Infiltration Gallery has now been made absolute for all
decreed purposes. B. Sidney Peak Ranch Well. Water from the Well was used to irrigate the area
adjacent to the Well in 2013. Based upon this use, Applicant hereby seeks to make the water
decreed to the Sidney Peak Ranch Well fully absolute for irrigation purposes. 6. Outline of Work
Done to Complete Project and Apply Water to Beneficial Use with Respect to the Remaining
Conditional Water Rights: The aforementioned conditional water rights and Exchanges are
critical components of an integrated water supply system to serve the Applicant and associated
development. Activities to develop any component of the integrated water system and/or to
further complete the development help demonstrate reasonable diligence associated with the
above-described conditional water rights. During the past diligence period, Applicant: (a)
connected an additional five homes to the water system, making a total of eight homes plus the
bunkhouse, equestrian center and barn that are now connected to the water system; (b) engaged
consultants to explore ways to increase the water system production by inspecting the quality,
quantity, and operations of the water system; (c) replaced the filter media in the water treatment
plant in 2014; (d) drilled a new monitoring well under Permit No. 294939 to explore ground
water and the possible conversion of that well to a production well and alternate point of
diversion; (e) maintained headgates, creek banks, and ditches; (f) applied to the water court to
make other water rights owned by Applicant absolute and for a finding of reasonable diligence;
(g) maintained the contract with the Upper Yampa Water Conservancy District to secure water
for the Stagecoach Reservoir Exchange; (h) oversaw the sale and/or resale of lots, and continued
marketing of the remaining lots (24 of the 32 lots have now been sold); and (i) completed
significant road construction necessary for the buildout of the Sidney Peak Ranch development
and the perfection of the conditional water rights and Exchanges. Applicant seeks findings of
reasonable diligence and a ruling retaining the conditional status of the water rights conditionally
decreed to the Structures described above, for all beneficial uses and amounts not previously
made absolute and not made absolute by a decree in this case. Applicant further seeks to retain
the conditional status of the appropriative rights of exchange described above. (7 pages +
exhibits)
15CW3040 ROUTT COUNTY Application For Finding Of Diligence And To Make Absolute
Water Rights Names and Addresses and Telephone Number of Applicants: John K. Colby and
Ann Marie Colby 14686 Blue Wings Way Colorado Springs, CO 80921 Send Pleadings to:
Margaret O’Donnell The Law Firm of Margaret O’Donnell. PO Box 773572 Steamboat Springs,
CO 80477 (970) 879-2104 I. Application To Make Absolute And For Finding Of Reasonable
Diligence A. Surface Water Rights: Applicants seek a finding that the Lower Buckhead Spring
has been diligently maintained and should continue in full force and effect as a conditional water
right and that the Lower Buckhead Pond should be made absolute by virtue of its application to
beneficial uses, as follows: 1. Name of structure: Lower Buckhead Spring Lower Buckhead Pond
2. Describe conditional water rights (as to each structure) including the following information
from previous decree: A. Date of original decree: December 12, 2001 Case No.: 00CW084
Court: Routt County District Court, Water Division No. 6. B. List of all subsequent decrees
awarding findings of diligence: Date of decree: October 7, 2009 Case No.: 2007CW106 Court:
Routt County District Court, Water Division No. 6. C. Legal description: Lower Buckhead
Spring: The point of diversion for the Lower Buckhead Spring is located in the SE1/4SE1/4 of
Section 9, Township 9 North, Range 85 West, 6th P.M., Routt County, CO, 170 feet North of the
South Section line and 785 feet West of the East section line. Lower Buckhead Pond: The
location of the dam for the Lower Buckhead Pond is located in the SE1/4SE1/4 of Section 9,
Township 9 North, Range 85 West, 6th P.M., 190 feet North of the South section line and 780
feet from the West of the East section line. D. Source: Lower Buckhead Spring: an unnamed
tributary of the Elk River, tributary to the Yampa River. Lower Buckhead Pond: localized runoff
tributary to the Elk River and water from Lower Buckhead Spring E. Appropriation date:
September 1, 2000, for both structures Amount: Lower Buckhead Spring: 0.10 cfs Lower
Buckhead Pond: 0.65 acre feet F. Uses: Lower Buckhead Spring: irrigation, livestock, wildlife,
aesthetics (Applicant intends to create water features from the spring), and filling Lower
Buckhead Pond. Lower Buckhead Pond: irrigation, livestock, piscatorial, recreational, wildlife,
and aesthetics. 4. Provide a detailed outline of what has been done for completion of the
appropriation and application of water to a beneficial use as conditionally decreed, including
expenditures during the previous diligence period. During the diligence period, the Applicants
have made two trips from their primary residence in Weston, Wisconsin, to their property in
Steamboat Springs, to visit the property and develop plans to construct a residence so that they
may eventually occupy the property as a second home. Applicants have also begun the process
of hiring professionals to advise them regarding incorporating the water rights into any site plan
to be developed for the property. More recently, in an effort to be closer to the property as they
continue to pursue plans to build a second home, Applicants relocated to Colorado Springs in
August. Expenses associated with the previous visits and the recent move are estimated to be
approximately $11,500.00. Applicants have also hired an attorney to assist them with the filing
of this application and are incurring the associated legal expenses. During the above- referenced
trips, the Applicants have observed that the Lower Buckhead Pond (“Pond”) has been filled to its
full capacity and have noted the diversions from the Lower Buckhead Spring into the Pond for
storage. Pursuant to Senate Bill 41, water rights which have been diverted and stored in a
structure constitute the application of those water rights to beneficial use and are considered
absolute. Therefore, the uses of irrigation, livestock, piscatorial, recreational, wildlife, and
aesthetics decreed to the Lower Buckhead Pond have become absolute. The Lower Buckhead
Spring, in conjunction with the Lower Buckhead Pond, comprises an integrated system.
Diligence associated with one water right is evidence of satisfactory diligence with respect to all
the water rights that comprise the system. Therefore, the above-mentioned instances constitute
evidence of reasonable diligence efforts undertaken by the Applicants with respect to the Lower
Buckhead Spring. Thus, this water right should continue in full force and effect as a conditional
water right. 5. If claim to make absolute in whole or in part: A. Date water applied to beneficial
use: September 1, 2000, for Lower Buckhead Pond Amount: 0.65 acre feet Use: irrigation,
livestock, piscatorial, recreational, wildlife, and aesthetics B. Description of place of use of
where water is applied to beneficial use. Water is stored in Lower Buckhead Pond for the uses
listed in 5.A, above. See legal description for Lower Buckhead Pond provided in 2.C. 6. Name
and address of owners or reputed owners of the land upon which any new diversion or storage
structure will be stored. Arthur Callahan P.O. Box 417 Holland, Texas 76534-0416. Remarks:
Applicants request a Decree which: A. Finds that all notice and jurisdictional requirements have
been met, including and without limitation, those as required pursuant to C.R.S. Section 37-92302; B. Confirms and decrees that the above-described right for Lower Buckhead Spring has
been diligently maintained and should remain in full force and effect, and that the Lower
Buckhead Pond has been put to absolute use in the amounts and for the uses described herein and
should be decreed as absolute; C. In the alternative, makes a finding that Applicant has
diligently pursued the above-described water rights and that they will continue as conditional
water rights in full force and effect; D. Makes a finding that the above-described water rights
comprise an integrated system and that diligence proved with respect to one water right is
evidence of satisfactory diligence for all the water rights that comprise the system. E. Grants to
Applicants such other relief as the Court deems just and proper.
15CW3041, Routt County, Source: Spring tributary to the Elk River which is tributary to the
Yampa River. Application for Absolute Water Rights. STB 2012 GST Exempt Trust and XTY
2012 GST Exempt Trust, Scott Grosscup, Balcomb & Green, P.C., 818 Colorado Avenue, P.O.
Box 790, Glenwood Springs, CO 81602. Structure: Wilhelm Spring, Borden Enlargement.
Location: Point of Diversion is located at a point from which the N1/4 corner of Sec. 25, T. 7
N., R. 85 W. 6th P.M. bears N. 70°23'55" E. 1555.86 ft. Approp.: 6/1/1970. Approp. Initiated:
Diversion and application to beneficial use. Beneficial Use: 6/1/1970. Amnt: 0.5 c.f.s, Absolute.
Use: irrigation, stock water. Land Irrigated or to be Irrigated: supplemental irrigation of 40 acres
located in the NW1/4 of Sec. 26 and in SW1/4 of Sec. 23, T. 7 N., R. 85 W. of the 6th P.M.,
Routt County, Colorado. The structure is located on land owned by Daniel E. Beggs and Ramona
L. Beggs, P.O. Box 776391, Steamboat Springs, CO 80477. The property is located at 42850
County Road 129, Steamboat Springs, CO 80477. (3pgs, 1 exhibit)
2015CW3042 ROUTT COUNTY. (2008CW70, 2001CW22, 1994CW93). Application for
Finding of Reasonable Diligence. Karl D. Ohlsen, Johanna Hamburger, Carlson, Hammond &
Paddock, L.L.C., 1900 Grant Street, Suite 1200, Denver, Colorado 80203-4539; Phone Number:
(303) 861-9000; Fax: (303) 861-9026; E-mail: kohlsen@chp-law.com; jhamburger@chplaw.com. 1. Name, address and telephone number(s) of Applicant: Deerwood Service Company,
LLC (“Applicant” or “Deerwood”), P.O. Box 881546, Steamboat Springs, CO 80488, (970) 8716026. 2. Name of Structures: A. DP Well No. 3. A map setting forth the approximate location of
this structure is attached as Exhibit A. B. DP Well No. 4. A map setting forth the approximate
location of this structure is attached as Exhibit B. 3. Description of Conditional Water Rights: A.
Decree: 1. Date of Original Decree: May 31, 1995, Case No. 94CW93, District Court, Water
Division No. 6. 2. Subsequent Decrees: A portion of the original water rights decreed to DP Well
No. 4 was made absolute and a finding of reasonable diligence for the remaining conditional
water rights decreed to DP Well No. 3 and DP Well No. 4 was entered on October 9, 2002, in
Case No. 01CW22, District Court, Water Division No. 6. A finding of reasonable diligence for
the water rights decreed to DP Well No. 3 and the remaining conditional water rights decreed to
DP Well No. 4 was entered on October 9, 2009, in Case No. 08CW70, District Court, Water
Division No. 6. B. Location: 1. DP Well No. 3: Located in Lot 12 of Tract 145 per the Resurvey
(SE1/4NE1/4 – original survey) Section 20, Township 5 North, Range 85 West of the 6th P.M.
Located 4,170 feet from the west line and 2,691 feet from the south line of Section 20. Also
located North 47 degrees, 37 minutes, 38 seconds East, 3992.24 feet from AP 3 Tract 159.
Permitted as Well Permit No. 65617-F. Previously permitted as Permits No. 051797-F and
44332-F. 2. DP Well No. 4: Located in Lot 18 of Tract 159 per the Resurvey (SE1/4SW1/4 –
original survey) Section 20, Township 5 North, Range 85 West of the 6th P.M. Located 1,374
feet from the west line and 632 feet from the south line of Section 20. Also located North 13
degrees, 32 minutes, 51 seconds East, 650.88 feet from AP 3 Tract 159. Permitted as Well
Permit No. 65618-F. Previously permitted as Permits No. 051976-F and 44333-F. C. Source:
Groundwater tributary to the Yampa River. D. Appropriation Date: 1. DP Well No. 3: May 24,
1994. 2. DP Well No. 4: May 31, 1994. E. Amount: 1. DP Well No. 3: 50 g.p.m., conditional. 2.
DP Well No. 4: 200 g.p.m.; 142 g.p.m. absolute, 58 g.p.m. conditional (Case No. 01CW22). F.
Use: Central domestic water supply serving 26 lots in the Deerwood Ranches subdivision. G.
Depth: 1. DP Well No. 3: 460 feet. 2. DP Well No. 4: 460 feet. 4. Detailed outline of what has
been done toward completion of the appropriation and application of water to a beneficial use as
conditionally decreed, including expenditures: A. As decreed in Case No. 08CW70, DP Well No.
3 and DP Well No. 4 are part of the Deerwood Service Company water system, an integrated
system of water delivery under § 37-92-301(4)(b), C.R.S., for the developments served by the
Applicant. The Deerwood Service Company water system includes the DP Wells No. 3 and No.
4, adjudicated in Case Nos. 94CW93 (01CW22, 08CW70); 99CW13 (05CW48, 12CW3017);
01CW81 (08CW11); and 06CW65; and the Deerwood Pond, adjudicated in Case Nos. 94CW148
(02CW16, 08CW40 and pending Case No. 15CW3028); Deerwood Pond (Second Filling) Case
No. 99CW13 (05CW48); Deerwood Pond (Third Filling) Case No. 01CW81 (08CW11); as well
as the plan for augmentation and changed water rights decreed in Case No. 05CW23. During the
diligence period, the Applicant continued to work to develop the integrated Deerwood Service
Company water system of which DP Well No. 3 and DP Well No. 4 are a part. B. During the
diligence period, the Applicant expended approximately $134,855.49 on maintenance, repairs,
and upgrades of the structures included within the Deerwood Service Company water system,
including approximately $49,738.46 on well and pump servicing for DP Well No. 4,
approximately $72,262.03 on general structure repairs and maintenance, and approximately
$12,855.00 on repair of Whetstone Dam. C. On the lots within the Deerwood Ranches and Creek
Ranch development, homes and various other improvements, including in some cases accessory
dwellings, lawn and landscape irrigation facilities, and livestock watering facilities, were
constructed. D. Nineteen lots out of 26 lots in the Deerwood Ranches development are now
connected to the Deerwood Service Company water system. Two of these connections were
added during the diligence period from 2009 to 2015. E. Sixteen lots out of the 40 lots in Creek
Ranch are connected to the Deerwood Service Company water system. F. Water from the
Deerwood Pond continues to be applied to beneficial use for livestock, recreation, fishery, and
aesthetic purposes, and has been stored for augmentation purposes, if necessary, within the
Deerwood Ranches subdivision. G. In Case No. 05CW23, Applicant prosecuted an application
for an augmentation plan to provide augmentation for out-of-priority depletions attributable to
the Deerwood Service Company water system. On September 30, 2012, the Court entered a
decree approving Applicant’s augmentation plan in Case No. 05CW23. H. Water from DP Well
No. 4 was applied to beneficial use in the Wilkerson Subdivision. A decree was entered on July
12, 2012 in Case No. 08CW11 making the water right decreed to DP Well No. 4 in Case No.
01CW81 absolute in the amount of 3.61 g.p.m., and continuing as conditional the remaining
water rights decreed in Case No. 01CW81 to DP Well No. 3, DP Well No. 4 and Deerwood Pond
(Third Filling). I. Water from DP Well No. 4 was applied to beneficial use in the Creek Ranch
Subdivision. A decree was entered on January 3, 2015 in Case No. 12CW3017 making the water
right decreed to DP Well No. 4 in Case No. 99CW13 (05CW48) absolute in the amount of 41
g.p.m., and continuing as conditional the remaining water rights decreed in Case No. 99CW13 to DP
Well No. 3, DP Well No. 4, and Deerwood Pond (Second Filling). 5. Name(s) and address(es) of
owner(s) or reputed owner(s) 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: A. Not
applicable. DP Well No. 3 and DP Well No. 4 are located upon lands owned by the Applicant.
WHEREFORE, Applicant requests that the Court enter an order making a finding of reasonable
diligence in the development of the remainder of the conditional water rights that are the subject
of this application, including 58 g.p.m. from DP Well No. 4 and 50 g.p.m. from DP Well No. 3
for service to the Deerwood Ranches Subdivision.
15CW3043 ROUTT Application To Make Absolute, Or In The Alternative, For Findings Of
Diligence: Richard J. Trabulsi, Inc. c/o Richard J. Trabulsi 1701 Brun, Suite 200 Houston,
TX 77019 tele: (713) 529-1861 Send Pleadings To: Margaret O’Donnell The Law Firm of
Margaret O’Donnell P.O. Box 773572 Steamboat Springs, CO 80477 (970) 879-2104 2. Name of
structures: Mystic Reservoir #2 Enlargement Mystic Grouse Pond Mystic Clover Pond Spring
Creek Pond No. 1 Spring Creek Pond No. 2 Roe Creek Ponds, Nos. 2, 3 3. Describe
conditional water rights (as to each structure) including the following information from previous
decree: A. Date of Original Decree: October 04, 2010 Case No. 2006CW55 Court: Routt
County District Court, Water Division No. 6 B. List of all subsequent decrees awarding findings
of diligence: N/A C. Legal description: The following structures are all located in Township 7
North, Range 86 West, 6th P.M., Routt County, Colorado. All points were averaged and are in
Zone 13. The structures are further described as follows:
Structure
Section
Quarter/Quarter Easting
Northing
*Source
(FTN: from the
North
FTW: from the
West
FTE: from the
East)
**Mystic
13
NWNW
N/A
N/A
Mathews
Reservoir #2
225 feet FTW,
Spring
Enlargement
804 feet FTN
Creek,
section line
tributary to
Trull Creek
Mystic
Grouse
Pond
14
NENW at a point 330233
640 feet FTN
section
line,
4493010
Roe Creek,
tributary to
Trull Creek
Mystic
Clover Pond
14
Spring Creek 14
Pond No. 1
Spring Creek 14
Pond No. 2
Roe Creek 14
Pond No. 2
1646 feet FTW
section line
NENW at a point 330445
350 feet FTN
section
line,
2349 feet FTW
section line
NENE at a point 331076
895 feet FTN
section line, 877
feet FTE section
line
NENE at a point 331219
986 feet FTN
section line, 411
feet FTE section
line
4493089
Roe Creek,
tributary to
Trull Creek
4492897
Mathews
Spring
Creek,
tributary to
Trull Creek
4492873
Mathews
Spring
Creek,
tributary to
Trull Creek
NWNE at a point N/A
N/A
Roe Creek,
1285 feet FTN
tributary to
section
line,
Trull Creek
1960 feet FTE
section line
Roe Creek 14
SWNE at a point N/A
N/A
Roe Creek,
Pond No. 3
1820 feet FTN
tributary to
section
line,
Trull Creek
1705 feet FTE
section line
*all sources are tributary to the Elk River **Mystic Reservoir was decreed on 2/18/1988 in Case
No. 86CW182 in the amount of 1 acre foot. The decreed location of the dam is in the
NW1/4NW1/4 Bears N. 07 degrees 00’E., 1850 feet from the West ¼ Corner of Section 13. The
appropriation date is 9/1/1984. It diverts from Mathews Spring Creek at a rate of .25 cfs, is
located in the N/W1/4NW1/4 of section 13, T. 7 N., R. 86 W., 6th P.M., at a point which bears
N.07 degrees 00’ E., 1850 feet from the West ¼ Corner of said section 13. The decreed uses
include domestic, stock watering, and piscatorial. See Map, Attached as Exhibit A. D.
Appropriation: Dates, amounts (all amounts include right of fill and refill), and uses: Mystic
Reservoir #2 Enlargement: 9/1/1984, in the amount of 9 acre feet, absolute for piscatorial and
stock watering uses, conditional for domestic and lawn and garden irrigation of approximately
1,000 square feet. Mystic Grouse Pond: 8/15/2005, in the amount of 2 acre feet, absolute for
recreational, stock watering, and wildlife watering uses, conditional for piscatorial uses. Mystic
Clover Pond: 8/15/2004, in the amount of 1.2 acre free, absolute for recreational, stock watering,
and wildlife watering uses, conditional for irrigation and piscatorial uses Spring Creek Pond No.
1: 8/15/1985, in the amount of 0.09 acre feet, absolute for recreational, stock watering, and
wildlife watering uses, conditional for piscatorial uses Spring Creek Pond No. 2: 8/15/1985, in
the amount of 0.06 acre feet, absolute for recreational, stock watering, and wildlife watering
uses, conditional for piscatorial uses. Roe Creek Pond No. 2: 10/11/2006, in the amount of 7.5
acre feet, conditional, for stock watering, recreational, wildlife watering, and piscatorial uses.
Roe Creek Pond No. 3: 10/11/2006, in the amount of 12 acre feet, conditional, for stock
watering, recreational, wildlife watering, and piscatorial uses. 4. Provide a detailed outline of
what has been done for completion of the appropriation and application of water to a beneficial
use as conditionally decreed, including expenditures during the previous diligence period.
During the diligence period, Applicant has constructed and filled the Mystic Clover Pond, Roe
Creek Ponds, Nos. 2 and 3, and stored water for their full decreed amounts for their decreed uses.
With respect to ponds already in existence, Mystic Reservoir #2 Enlargement, Mystic Grouse
Pond, Spring Creek Pond No. 1, and Spring Creek Pond No. 2, Applicant has applied the
conditional uses to their fully decreed beneficial uses by diverting and storing water for these
uses, pursuant to Senate Bill 41, as further described in Section 5, below. Costs of constructing
the Mystic Clover Pond were $11,287, Roe Creek Pond No. 2 totaled $6,814, and Roe Creek
Pond No. 3 came to $20,362. See Receipts, attached as Exhibit B 5. If claim to make absolute
in whole or in part: A. Mystic Reservoir #2 Enlargement: 1. Date water applied to beneficial use:
9/1/1984 2. Amount: 9 acre feet, right of fill and refill 3. Use: Domestic and irrigation of 1,000
square feet of lawn and garden around Applicant’s residence. 4. Description of place of use
where water is applied to beneficial use: water has been stored in Mystic Reservoir for
subsequent domestic purposes since the reservoir was constructed. B. Mystic Grouse Pond: 1.
Date water applied to beneficial use: 9/15/2005 2. Amount: 2 acre feet, right of fill and refill 3.
Use: piscatorial 4. Description of place of use where water is applied to beneficial use: water has
been stored in Mystic Grouse Pond for piscatorial use since the reservoir was constructed and
filled. C. Mystic Clover Pond: 1. Date water applied to beneficial use: 5/15/2005 2. Amount: 1.2
acre feet, right of fill and refill 3. Use: irrigation, piscatorial 4. Description of place of use where
water is applied to beneficial use: water has been stored in Mystic Clover Pond for piscatorial
use and irrigation use since the reservoir was constructed and filled. D. Spring Creek Pond No. 1:
1. Date water applied to beneficial use: 9/15/1985 2. Amount: 0.9 acre feet, right of fill and refill
3. Use: piscatorial 4. Description of place of use where water is applied to beneficial use: water
has been stored in Spring Creek Pond No. 1 for piscatorial use since the reservoir was
constructed and filled. E. Spring Creek Pond No. 2: 1. Date water applied to beneficial use:
9/15/1985 2. Amount: 0.6 acre feet, right of fill and refill 3. Use: piscatorial 4. Description of
place of use where water is applied to beneficial use: water has been stored in Spring Creek Pond
No. 2 for piscatorial use since the reservoir was constructed and filled. F. Roe Creek Pond No. 2:
1. Date water applied to beneficial use: 5/15/2012 2. Amount: 7.5 acre feet, right of fill and refill
3. Use: stock watering, recreational, wildlife watering, piscatorial 4. Description of place of use
where water is applied to beneficial use: water has been stored in Roe Creek Pond No. 2 for
stock watering, recreational, wildlife watering, and piscatorial uses since the reservoir was
constructed and filled. G. Roe Creek Pond No. 3: 1. Date water applied to beneficial use:
5/15/2009 2. Amount: 12 acre feet, right of fill and refill 3. Use: stock watering, recreational,
wildlife watering, piscatorial 4. Description of place of use where water is applied to beneficial
use: water has been stored in Roe Creek Pond No. 3 for stock watering, recreational, wildlife
watering, and piscatorial uses since the reservoir was constructed and filled. 6. Name(s) and
address(es) of owners(s) or reputed owners of the land upon which any new diversion or storage
structure, is constructed: Applicant 7. Remarks: Applicant requests a Decree which: 1. Finds that
all notice and jurisdictional requirements have been met, including and without limitation, those
as required pursuant to C.R.S. Section 37-92-302; 2. Confirms and decrees that the abovedescribed rights for Mystic Reservoir #2 Enlargement, Mystic Grouse Pond, Mystic Clover
Pond, Spring Creek Pond No. 1, Spring Creek Pond No. 2, Roe Creek Ponds, Nos. 2 and 3, have
been put to absolute use in the amounts and for the uses described herein, and that due to this
beneficial use, they are hereby decreed to be absolute water rights; 3. In the alternative, makes a
finding that Applicant has diligently pursued the above-described water rights and that they will
continue as conditional water rights in full force and effect; 4. Makes a finding that the abovedescribed water rights comprise a portion of an integrated system and that diligence proved with
respect to one water right is evidence of satisfactory diligence for all the water rights that
comprise the system. 5. Grants to Applicant such other relief as the Court deems just and proper.
You are hereby notified that you will have until the last day of DECEMBER, 2015 to file with
the Water Court a Verified Statement of Opposition, setting forth facts as to why a certain
Application should not be granted or why it should be granted only in part or on certain
conditions. A copy of such Statement of Opposition must be served on the Applicant or the
Applicant’s Attorney, with an affidavit or certificate of such service being filed with the Water
Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is
$158.00, and should be sent to the Clerk of the Water Court, Division 6, P.O. Box 773117,
Steamboat Springs, CO 80477.
MARY ANN NINGER
CLERK OF COURT
ROUTT COUNTY COMBINED COURT
WATER DIVISION 6
/s/ Kristen Lande
Deputy Court Clerk