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 JANUARY, 2012.
2011CW26, GARFIELD COUNTY, Name of applicant: Upper Yampa Water Conservancy
District, 3310 Clear Water Trail, P.O. Box 775529, Steamboat Springs, CO 80477, all
correspondence c/o Robert G. Weiss, Esq., Weiss and Van Scoyk, LLP, 600 S. Lincoln Ave.,
Suite 202, Steamboat Springs, CO 80487; Name of Structure: Yamcolo Reservoir, 2nd Filling;
Date of Original Decree: Amended Ruling of Referee (conditional), January 3, 1983, confirmed
and made judgment and decree of Water Judge, February 28, 1983, Case No. 81-CW-263; Court:
Water Division Six; Finding of Reasonable Diligence: Case No. 87-CW-04, June 27, 1987;
Conditional Right Made Absolute in Part (314 acre-feet) and finding of diligence: July 12, 1990,
Case No. 90-CW-04; Conditional Right Made Absolute in Part in the amount of 600 acre-feet
(914 acre-feet total) and finding of diligence: November 4, 2005, Case No. 04-CW-14; Location:
The centerline axis of the dam intersects the left abutment at a point whence the E1/4 corner of
Section 16 T1N, R86W of the 6th P.M., bears S 63°47’20” E at a distance of 2355.2 feet. The
center line axis of the dam where it intersects the left abutment is located in the SW1/4NE1/4 of
Section 16, a distance of 1595.1’ from the north Section line and a distance of 2112.4’ from the
east Section line; Source: Direct flow from the Bear River and its tributaries upstream from the
dam site and diverted flow from Coal Creek conveyed through the Coal Creek feeder canal;
Appropriation Date: February 27, 1981; Use: Irrigation, stock watering, domestic, municipal,
industrial and other beneficial uses and purposes; The Upper Yampa Water Conservancy District
expended $6 million for construction of the Yamcolo Reservoir and makes yearly expenditures
for operation and maintenance. The dam at Yamcolo Reservoir was completed in November
1980 at a total cost of approximately $6 million. Water was impounded in the Reservoir in 1981;
the Reservoir was filled to capacity on July 10, 1982. By Ruling of the Referee dated April 18,
1983, confirmed and made a judgment and decree by the Water Judge on May 26, 1983 in Case
No. 82-CW-210, the Upper Yampa Water Conservancy District was granted an absolute decree
for 9,039.9 acre-feet of storage in Yamcolo Reservoir. Since 1982 the District has operated the
Yamcolo Reservoir to cause the Reservoir to discharge water for irrigation during the irrigation
period of May through July, leaving available storage space for a second filling after the
irrigation season in an appropriate year. On August 20, 1989, the Applicant completed the 2nd
filling of the Yamcolo Reservoir in the amount of 314 acre-feet and 314 acre-feet out of the
8,000 acre-feet conditional water right was decreed absolute by the Court in Case No. 90-CW04. Since the decree in Case No. 90-CW-04 was entered on July 12, 1990, space has been
available in the Yamcolo Reservoir for a second filling after irrigation season and Applicant has
been prepared to store such water. On July 31, 1996, in Case No. 96-CW-53, the District made
application for a finding of diligence on that portion of the water rights still conditionally
decreed and the Court entered its Decree finding diligence and continuing such conditional water
right in full force and effect on May 11, 1998. In 1996, the Yamcolo Reservoir was completely
filled on May 5, 1996. After being drawn down during irrigation season, Yamcolo Reservoir
was refilled under the Yamcolo Reservoir 2nd Filling water right between September 20, 1996
and October 31, 1996 in the amount of 914 acre feet. Therefore, an additional 600 acre feet was
made absolute from the total 8,000 acre feet to make absolute 914 acre feet leaving 7,086 acre
feet conditional in Case No. 04-CW-14 in Water Division No. 6. On July 14, 1997, the United
States Forest Service authorized construction of the Yamcolo Reservoir expansion project to
accommodate the 525 acre feet of water decreed to the Yamcolo Reservoir, 2nd Enlargement.
Construction of the enlargement was completed August 1997. In 1998, the Reservoir overfilled,
allowing storage of 525 acre feet decreed to the Yamcolo Reservoir, 2nd Enlargement, and later
release of such water from storage for irrigation purposes. In Case No. 03-CW-04, this Court
entered its Decree making absolute the Yamcolo Reservoir, 2nd Enlargement water right in the
amount of 525 acre feet for irrigation, fish propagation and recreation, and finding diligence for
the remaining municipal, domestic and industrial uses. During the Diligence Period, which is a
period commencing November 4, 2005 and terminating the end of November, 2011. The
Applicant, in order to protect its conditional water rights in Water Division No. 6, including the
water rights that are subject to this Application, has monitored the monthly resumes for Water
Division No. 5 and Water Division No. 6 and when appropriate has participated in water court
proceedings including the recent filing of Statements of Opposition in Case Nos. 11-CW-119 and
11-CW-125 in Water Division No. 5 where the applicants in such cases, Sleeping Lion Ranch,
LLC and Flattops Water Company, LLC seek to export water from the Upper Yampa Basin to
the Colorado Basin. During the diligence period the Applicant developed options for the design
and construction of the diversion and other structures necessary for the Coal Creek diversion,
and proceeded with the Applicant’s Application to the United States Forest Service for a
Transportation and Utility Systems and Facilities on Federal Lands approved and the necessary
Army Corps of Engineers required wetlands permits. In that regard, the Applicant retained
engineering firms and other consultants and commenced the pre-NEPA process with the United
States Forest Service and other agencies with jurisdiction. The Applicant’s consultants also
reviewed a report prepared by the United States Forest Service dated February 14, 2006
regarding the Coal Creek diversion and provided feedback to the Applicant. In 2008, the
Applicant provided comment regarding the proposal of the Forest Service to install a fish barrier
on Coal Creek. The Applicant expended approximately $20,000 during the diligence period on
outside consulting and other services necessary to proceed with activities described above.
These figures do not include staff time of the Applicant which would significantly increase such
amount. The Coal Creek diversion, if decreed, would be a source of water for the Yamcolo
Reservoir Second Filling. During the diligence period, the Applicant continued to store water in
and operate Yamcolo Reservoir and to make sales of water from Yamcolo Reservoir. In addition,
the staff and Board of Directors of the Applicant continued during the diligence period to engage
in activities to protect the availability of water for development within the Applicant’s
boundaries by participating in activities of the US Fish and Wildlife Service and others regarding
endangered species in the Colorado basin and their impact of present and future water depletions
in the Yampa River on such species. The Applicant and its Board of Directors also participated
in Yampa Basin Water master planning. Applicant also obtained a decree in the master
augmentation case decreed in Case No. 06CW49, Water Division 6 for which Yamcolo
Reservoir maybe a source of water subject to such further approvals as are required. Consistent
with the stipulation entered into with the Division 6 Engineer in Case No. 07-CW40, the District
during the diligence period commenced a water supply master plan involving all the Districts
water rights including Yamcolo Reservoir, Second Filling. To date, the District has sponsored
several public meetings on this topic and is currently preparing a request for qualifications to
select a water resource consultant for the master planning process. During the Diligence period
the District engaged Resource Engineering, Inc. to develop a Yamcolo Reservoir accounting
spreadsheet to facilitate water rights accounting and to guide reservoir operations, including fill
and release. The Yamcolo Second Filling water right is a component of the Reservoir operations;
The District has made substantial expenditures for diligence activities related to Yamcolo
Reservoir, Second Filling; Applicant requests the Court to make a finding of reasonable
diligence and to continue Applicant’s conditional water right for 8,000 acre-feet (less 914 acrefeet already decreed absolute) for Yamcolo Reservoir, 2nd Filling.
11CW27 RIO BLANCO COUNTY, APPLICATION FOR CHANGE OF WATER RIGHT. Applicants: Steve
Dempsey & Susan Dempsey, 8399 CR2, Rangely, CO 81648, steved53@wildblue.net, 970-640-7759.
Decreed water right for which change is sought: Structure, Robinson Wordell #6; Dates of decrees: 1120-1895 & 7-17-74 Case #W-3118 (Division 5 Water Court); Legal Description, SW/4 SE/4 Sec. 11, T1N,
R103W, of 6th PM, 1317 ft. from S and 17 Ft. from W line; UTM, Northing 4437216, Easting 676266, Zone
12, points were averaged. Decreed source of water: White River. Appropriation Dates: 11-20-1896 & 717-1974. Total amount decreed to structure: 9.9 cfs. Decreed use: irrigation. Amount of water intending
to change: 1.666 cfs. If change in point of diversion, provide legal desficription: Lat. Long. N 40 deg
04.08’ 4”, W 108 deg 56.11’ 2”. UTM: Northing 0675971, Easting 4437455, Zone 12, points were
averaged. Name of landowners: same as applicants.
11CW30 APPLICATION FOR ABSOLUTE WATER RIGHTS (SURFACE) in Jackson County. Name of
Applicant: Marvin Fuqua and Beverly Fuqua, P.O. Box 20, 1371 JCR 27, Rand, CO 80473
bev.fuqua@gmail.com 970-568-1146 (winter), 970-723-4331, and (cell) 970-631-5337. Name of
structures: (1.) 160 Spring. Location information in UTM format: Northing 4482179, Easting 400553,
Zone 13 via hand-held Garmin GPS, accurate to within 200 feet. Legal Description: Jackson County, SE/4
SW/4 Sec. 17, T6N, R78W of 6th P.M., 480 ft. from S and 1206 ft. from W Sec. line. Source of PLSS
information: DWR Aqua Map. Source: unnamed tributary to the Indian Creek, tributary to Illinois River,
tributary to the Michigan River, tributary to the North Platte. Date of appropriation: 1-1976. How
appropriation was initiated: cattle drink along the draw from water surfacing from the spring. Date
water applied to beneficial use: 1-1976. Amount claimed: 3.75 gpm absolute. Use or proposed use:
livestock water. If non-irrigation, describe purpose: livestock water in the 160 pasture. Map available in
Court file. Landowners: same as applicants. We have been using this water exclusively for livestock since
we started renting the place in 1979. We purchased this pasture in 1989. This water has probably been
put to the same use since the ranch was homesteaded in the 1890’s. (2.) Monroe Ditch. Location
information in UTM format: Northing 4482276, Easting 398750, Zone 13 via hand-held Garmin GPS,
accurate to within 200 feet. Legal Description: Jackson County, SW/4 SW/4 Sec. 18, T6N, R78W of 6th
P.M. 780 ft. from S and 803 ft. from W Sec. line. Source of PLSS information: DWR Aqua Map. Source:
unnamed tributary to Illinois River, tributary to the Michigan River, tributary to the North Platte River.
Date of appropriation: 1-1957. How appropriation was initiated: water is collected in the Monroe Ditch
used for livestock and irrigation. Date water applied to beneficial use: 1-1957. Amount claimed: 1.00 cfs
absolute. Use or proposed use: livestock water and irrigation. Number of acres historically irrigated: 60;
proposed to be irrigated: 60. Irrigates portions of the SW/4 SW/4 of Sec. 18. Also irrigates portions of
the SE/4 and NE/4 of Sec. 13. Map available in Court file. If non-irrigation, describe purpose fully:
livestock water for cattle along Monroe Ditch. Landowners: same as applicants. We have been using this
water for livestock and irrigation since we purchased the ranch in 1957. This water has probably been
put to the same use since the ranch was homesteaded in the 1880’s. (3.) Weed Ditch. Location
information in UTM format: Northing 4480543, Easting 399872, Zone 13 via hand-held Garmin GPS,
accurate to within 200 feet. Legal Description: Jackson County, SE/4 SE/4 Sec. 19, T6N, R78W, 6th P.M.,
661 ft. from S and 1039 ft. from E Sec. line. Source of PLSS information: DWR Aqua Map. Source:
unnamed tributary to the Illinois River, tributary to the Michigan River, tributary to the North Platte.
Date of appropriation: 1-1957. How appropriation was initiated: collected water in the Weed Ditch, used
for irrigation and livestock. Date water applied to beneficial use: 1-1957. Amount claimed: .50 cfs
absolute. Use or proposed use: livestock water and irrigation. Number of acres historically irrigated: 75;
proposed to be irrigated: 75. Irrigates a portion of Sec. 19 from the NW to the SE/4’s. Also irrigates a
portion of the SW/4 SW/4 of Sec. 18. Map available in Court file. If non-irrigation, describe purpose fully:
livestock water for cattle along the Weed Ditch. Landowner: Ellen Rebecca Snider, 1445 Abbey Avenue,
San Leandro, CA 94579-1514. We have been using this wter for livestock and irrigation since we
purchased the ranch in 1957. This water has probably been put to a similar use since the ranch was
homesteaded in the 1880’s.
11CW35 ROUTT COUNTY, APPLICATION FOR CHANGE OF WATER RIGHTS
(SURFACE)
Applicant: Paul C. Slivon and Noreen E. Slivon, P.O. Box 469, Ross CA 94957, 415-459-7590.
Name of structure: Lifetime Ditch No.2. Legal Description: NE4 NW/4 Sec.24, T10N, R86W of
the 6th P.M, 1250 ft. from N and 1550 ft. from W Sec. Line. Street Address: 61445 RCR 62.
Source: Dutch Creek tributary to Larson Creek tributary to Willow Creek tributary to Elk River
tributary to Yampa River. Appropriation Date: January 28, 1985 Total amount decreed to
structure:1.0 cfs. Decrees: August 15, 1985; Case No:85CW21; Court: Routt (conditional); March
30, 1994, Case No. 93CW67; Court: Routt (change point of diversion); May 13, 1996, Case No.
94CW121, Court: Routt (absolute). Application is to change point of diversion to NE4 NW/4
Sec.24, T10N, R86W of the 6th P.M, 946 ft. from N and 1381 ft. from W Sec. Line. Name and
address of owner: Slivon Trust dated February 2, 2008. Remarks: This Application is to correct
the legal description of point of diversion.
11CW39 ROUTT COUNTY Application For Water Rights (Surface and Storage). Diane
Holly, HCR 66, Milner, CO 80487 c/o Paul Sachs, Esq., Paul Sachs, P.C., P.O. Box 773554,
Steamboat Springs, CO 80477. Telephone: (970) 879-8600 Fax: (970) 879-8601. Email:
psachs@paulsachspc.com. Names of Structures: Upper Little Cheney Spring, Elk Wallow Tank
and Pond, Culvert Collection Spring, Errold Tank, Lower Little Cheney Spring and Tank, First
Spring and Tank, Homestead Spring, Pool Spring, Lakes Spring, Holly Pond. Legal Description
of Each Point of Diversion: Upper Little Cheney Spring: Located tributary to Little Cheney
Creek, in the NW1/4NE1/4, Section 3, T6N, R86W of the 6th P.M., at a point 1150 feet from the
North section line and 1375 feet from the East section line. GPS: 13T 329243mE, 4486292mN.
Elk Wallow Tank and Pond: Located tributary to Little Cheney Creek, in the SW1/4NE1/4,
Section 3, T6N, R86W of the 6th P.M., at a point 1650 feet from the North section line and 1650
feet from the East section line. GPS: 13T 329165mE, 4486138mN. Culvert Collection Spring:
Located tributary to Little Cheney Creek in the SW1/4NE1/4, Section 3, T6N, R86W of the 6th
P.M., at a point 2100 feet from the North section line and 1850 feet from the East section line.
GPS: 13T 329085mE, 4485997mN. Errold Tank: Located tributary to Little Cheney Creek in
the SW1/4NE1/4, Section 3, T6N, R86W of the 6th P.M., at a point 2600 feet from the North
section line and 2000 feet from the East section line. GPS: 13T 329047mE, 4485837mN.
Lower Little Cheney Spring and Tank: Located tributary to Little Cheney Creek in the
SW1/4SE1/4, Section 3, T6N, R86W of the 6th P.M., at a point 400 feet from the South section
line and 2200 feet from the East section line. GPS: 13T 328958mE, 4485748mN. First Spring
and Tank: Located tributary to Little Cheney Creek in the SE1/4NE1/4, Section 10, T6N, R86W
of the 6th P.M., at a point 1800 feet from the North section line and 1300 feet from the East
section line. GPS: 13T 329211mE, 4484475mN. Homestead Spring: Located tributary to Little
Cheney Creek in the NE1/4SW1/4, Section 11, T6N, R86W of the 6th P.M., at a point 1750 feet
from the South section line and 1400 feet from the West section line. GPS: 13T 330015mE,
4483925mN. Pool Spring: Located on an unnamed tributary of the Yampa River in the
NE1/4SW1/4, Section 11, T6N, R86W of the 6th P.M., at a point 1400 feet from the South
section line and 1600 feet from the West section line. GPS: 13T 330075mE, 4483817mN.
Lakes Spring: Located on an unnamed tributary of Decora Gulch in the SW1/4SE1/4, Section
35, T7N, R86W of the 6th P.M., at a point 150 feet from the South section line and 2750 feet
from the West section line. GPS: 13T 3300498mE, 4486670mN. Holly Pond: Located onstream on Cheney Creek, in the NW1/4NW1/4, Section 3, T6N, R86W of the 6 th P.M., at a point
750 feet from the North section line and 50 feet from the West section line. GPS: 13T
328067mE, 4486439mN. Source: Upper Little Cheney Spring: A spring, tributary to Little
Cheney Creek, tributary of Yampa River. Elk Wallow Tank and Pond: Upper Little Cheney
Spring, tributary to Little Cheney Creek, tributary of Yampa River. Culvert Collection Spring: A
spring, tributary to Little Cheney Creek, tributary of Yampa River. Errold Tank: A spring,
tributary to Little Cheney Creek, tributary of Yampa River. Lower Little Cheney Spring and
Tank: A spring, tributary to Little Cheney Creek, tributary of Yampa River. First Spring and
Tank: A spring, tributary to Little Cheney Creek, tributary of Yampa River. Homestead Spring:
A spring, tributary to Little Cheney Creek, tributary of Yampa River. Pool Spring: A spring,
tributary to the Yampa River. Lakes Spring: A spring, unknown tributary to Decora Gulch,
tributary of Yampa River. Holly Pond: Cheney Creek, tributary of Yampa River. Date of
Appropriation: Upper Little Cheney Spring: July 1, 1901; Elk Wallow Tank and Pond: July 1,
1901; Culvert Collection Spring: July 1, 1901; Errold Tank: July 1, 1901; Lower Little Cheney
Spring and Tank: July 1, 1901; First Spring and Tank: July 1, 1901; Homestead Spring: August
2, 1884; Pool Spring: August 2, 1884; Lakes Spring: July 1, 1901; Holly Pond: August 15,
2001. How appropriation was initiated: Upper Little Cheney Spring: The appropriation was
initiated by the demonstrated conjunction of intent to appropriate and overt actions including
watering and grazing of cattle. Elk Wallow Tank and Pond: The appropriation was initiated by
the demonstrated conjunction of intent to appropriate and overt actions including construction of
the dam for the pond and watering and grazing of cattle. Culvert Collection Spring: The
appropriation was initiated by the demonstrated conjunction of intent to appropriate and overt
actions including watering and grazing of cattle. Errold Tank: The appropriation was initiated
by the demonstrated conjunction of intent to appropriate and overt actions including watering
and grazing of cattle. Lower Little Cheney Spring and Tank: The appropriation was initiated by
the demonstrated conjunction of intent to appropriate and overt actions including watering and
grazing of cattle. First Spring and Tank: The appropriation was initiated by the demonstrated
conjunction of intent to appropriate and overt actions including watering and grazing of cattle.
Homestead Spring: The appropriation was initiated by the demonstrated conjunction of intent to
appropriate and overt actions including watering and grazing of cattle. Pool Spring: The
appropriation was initiated by the demonstrated conjunction of intent to appropriate and overt
actions including watering and grazing of cattle. Lakes Spring: The appropriation was initiated
by the demonstrated conjunction of intent to appropriate and overt actions. Holly Pond: The
appropriation was initiated by the demonstrated conjunction of intent to appropriate and overt
actions including construction of dam. Amount Claimed: Upper Little Cheney Spring: 10 gpm,
absolute. Elk Wallow Tank and Pond: 15 gpm, absolute. Storage capacity of .1 AF. Culvert
Collection Spring: 20 gpm, absolute. Errold Tank: 20 gpm, absolute. Lower Little Cheney
Spring and Tank: 20 gpm, absolute. First Spring: 20 gpm, absolute. Homestead Spring: 15
gpm, absolute. Pool Spring: 5 gpm, absolute. Lakes Spring: 15 gpm, absolute. Holly Pond:
4.5 AF, dead storage. Proposed Use: Upper Little Cheney Spring: Livestock watering; Elk
Wallow Tank and Pond: Livestock watering; Culvert Collection Spring: Livestock watering;
Errold Tank: Livestock watering; Lower Little Cheney Spring and Tank: Livestock watering;
First Spring and Tank: Livestock watering; Homestead Spring: Livestock watering; Pool
Spring: Livestock watering; Lakes Spring: Livestock watering; Holly Pond: Livestock
watering. If non-irrigation, described purpose fully: Livestock watering. Landowner: Applicant.
11CW41. CONCERNING THE APPLICATION FOR WATER RIGHTS OF MILK
CREEK RANCH, LLC, IN A TRIBUTARY OF MILK CREEK, TRIBUTARY TO THE
YAMPA RIVER, IN RIO BLANCO COUNTY, COLORADO. 1. Applicant: Milk Creek
Ranch, LLC, c/o Mike Mitchell, 968 County Road 42, Meeker, Co. 81641;
mikem@suncoastbev.com; (970) 826-9766. Please send all correspondence to Beth Ann J.
Parsons, Law Office of Beth Ann J. Parsons, 125 Locust Street, Denver, CO 80220, (303) 3943226. 2. Name of structures. A. Milk Creek Ranch House Spring. B. Milk Creek Ranch
Spring No. 1. C. Milk Creek Ranch Spring No. 2. D. Milk Creek Ranch Spring No. 3. 3.
Legal description of each point of diversion: A. Milk Creek Ranch House Spring: SW1/4 of
the NE1/4 of Section 25, Township 3 North, Range 92 West, 6th P.M., 2486’ from the East line,
2249’ from the North line, in Rio Blanco County. B. Milk Creek Ranch Spring No. 1: SW1/4
of the of the SW1/4 of Section 35, Township 3 North, Range 92 West, 6th P.M., 1053’ from the
West line, 781’ from the South line, in Rio Blanco County. C. Milk Creek Ranch Spring No.
2: SW1/4 of the SW1/4 of Section 35, Township 3 North, Range 92 West, 6th P.M., 6834’ from
the West line, 223’ from the South line, in Rio Blanco County. D. Milk Creek Ranch Spring
No. 3: SW1/4 of the SW1/4 of Section 35, Township 3 North, Range 92 West, 6th P.M., 1307’
from the West line, 726’ from the South line, in Rio Blanco County. 4. Source: All are tributary
to Milk Creek, tributary to the Yampa River. 5. Date of initiation of appropriation: A. Milk
Creek Ranch House Spring: August 1, 2008. B. Milk Creek Ranch Spring No. 1: August
24, 2011. C. Milk Creek Ranch Spring No. 2: August 24, 2011. D. Milk Creek Ranch
Spring No. 3: August 24, 2011. 6. How appropriation was initiated: A. Milk Creek Ranch
House Spring: By development of spring and instillation of pipes to provide water to main
house. B. Milk Creek Ranch Spring No. 1: By meeting with the Water Commissioner to
identify location and planned use of water right. C. Milk Creek Ranch Spring No. 2: By
meeting with the Water Commissioner to identify location and planned use of water right. D.
Milk Creek Ranch Spring No. 3: By meeting with the Water Commissioner to identify
location and planned use of water right. 7. Date water applied to beneficial use: A. Milk
Creek Ranch House Spring: February 1, 2010. B. Milk Creek Ranch Spring No. 1: N/A.
C. Milk Creek Ranch Spring No. 2: N/A. D. Milk Creek Ranch Spring No. 3: N/A. 8.
Amount claimed: A. Milk Creek Ranch House Spring: 0.016 c.f.s. (7 g.p.m.), absolute. B.
Milk Creek Ranch Spring No. 1: 0.027 c.f.s. (12 g.p.m.), conditional. C. Milk Creek Ranch
Spring No. 2: 0.011 c.f.s. (5 g.p.m.), conditional. D. Milk Creek Ranch Spring No. 3: 0.007
c.f.s. (3 g.p.m.), conditional. 9. Use or proposed use: A. Milk Creek Ranch House Spring:
Domestic use in house located in the SW1/4 of the NE1/4 of Section 25, Township 3 North,
Range 92 West, 6th P.M., 2486’ from the East line, 2249’ from the North line. The location of
the house and spring is designated on the attached map. B. Milk Creek Ranch Spring No. 1:
Domestic use in a proposed house located in the NW1/4 of the of the SW1/4 of Section 35,
Township 3 North, Range 92 West, 6th P.M., livestock watering, and irrigation of up to 5 acres
located in the W1/2 of Section 35, Township 3 North, Range 92 West in the 6th P.M. The
approximate location of the proposed house and proposed irrigated acreage are designated on the
attached map. C. Milk Creek Ranch Spring No. 2: Domestic use in a proposed house located
in the NW1/4 of the of the SW1/4 of Section 35, Township 3 North, Range 92 West, 6th P.M.,
livestock watering, and irrigation of up to 5 acres located in the W1/2 of Section 35, Township 3
North, Range 92 West in the 6th P.M. The approximate location of the proposed house and
proposed irrigated acreage are designated on the attached map. D. Milk Creek Ranch Spring
No. 3 Domestic use in a proposed house located in the NW1/4 of the of the SW1/4 of Section 35,
Township 3 North, Range 92 West, 6th P.M., livestock watering, and irrigation of up to 5 acres
located in the W1/2 of Section 35, Township 3 North, Range 92 West in the 6th P.M. The
approximate location of the proposed house and proposed irrigated acreage are designated on the
attached map. 10. Name and address of owner of the land upon which any new diversion is
or will be constructed: Milk Creek Ranch, LLC., 968 County Road 42, Meeker, Colorado
81641.
11CW46 ROUTT COUNTY, COLORADO, APPLICATION FOR ABSOLUTE WATER RIGHTS (SURFACE).
Applicant: May S-S Ranch, LLLP c/o David May, 933 Alta Vista Drive, Craig, CO 81625 mayssranchlllp@hotmail.com 970-879-0788. 1) May Spring 1. Legal description of each point of diversion: A
spring located in Tract 157 in the NW/4 NW/4 of Sec. 35 of T8N, R86W of 6th PM, County of Routt, State
of Colorado, with a NAD 83 coordinates of Northing 4497665, Easting 0330381, also known as, 40 36;
44.7; North, 107 00; 18.2” West. UTM coordinates: Northing 4497665, Easting 0330381, Zone 13, via
hand-held Garmin Etrex, set to NAD 83, accurate within 3-15’. Legal description: NW/4 NW/4 Sec. 35,
T8N, R86W of 6th P.M. Source: unnamed tributary to George’s Gulch Creek, tributary to Salt Creek,
tributary to Elk River, tributary to Yampa River. Date of initiation of appropriation: 9-9-10. Initiated how:
spring was developed into a pipe which is piped to a buried holding tank that gravity feeds to residential
domestic use, overflow is piped to a stock tank for domestic livestock and wild game watering overflow
from stock tank is used to irrigate five acres or more.. Date applied to beneficial use: 9-9-10. Amount
claimed: .033 cfs absolute. Use or proposed use: primary use is domestic use at a residence; secondary
uses are for domestic livestock and wild game watering with overflow for irrigation of 5 acres more or
less. Number of acres historically irrigated – 0; proposed to be irrigated -5 more or less – located in Tract
157 in the NW/4 NW/4 of Sec. 35 in T8N, R86W with a NAD 83 coordinates of N4497665 E330381. If
non-irrigation, describe purpose fully: Domestic use at historic homestead cabin located in Tract 157 in
the NW/4 of the NW/4 of Sec. 35 in T8N, R86W with a NAD 83 coordinates of N4497665 E0330381. May
Spring #1 is on property owned by May S-S Ranch, LLLP, for the benefit of the May Ranch and it’s
beneficiaries. Developed on the 9th of Sept. 2010, its primary purpose is to supply domestic water to a
historic homestead cabin. Piped from the spring developed, to a buried holding tank with gravity flow to
the historical Fred May homestead cabin. Secondary uses are domestic livestock and wild game
watering with overflow providing irrigation to a limited five or less acres located on property of May S-S
Ranch, LLLP. 2) May Spring 2. Legal description of each point of diversion: A spring located in Tract 154
in the NW/4 SW/4 Sec. 35 in T8N R86W of 6th PM, County of Routt, State of Colorado, with a NAD 83
coordinates of 4497135 Northing, 0329993 Easting, also known as 40 .36’ 44.7” North, 107 .00’ 18.2”
West. UTM coordinates: Northing 4497135, Easting 0329993, Zone 13, via hand-held Garmin Etrex set to
NAD 83, accuracy is within 3-15’ with DGPS corrections. Legal description: County of Routt, NW/4 SW/4
Sec. 35, T8N, R86W of 6th P.M. Source: a tributary to George’s Gulch Creek, tributary to Salt Creek,
tributary to Elk River, tributary to Yampa River. Date of appropriation: 9-9-10. How appropriation was
initiated: Spring developed into pipe, flow to stock pond for domestic livestock and wild game watering.
Overflow is used to provide limited irrigation to one or more acres. Date water applied to beneficial
use: 9-9-10. Amount claimed: .033 cfs absolute. Use or proposed use: Primary use is for domestic
livestock and wild game watering, overflow is used for limited irrigation of one or more acres. Number
of acres historically irrigated: 0; proposed to be irrigated: 1 or more. One or more acres located in Tract
154 in the NE/4 SW/4 of Sec. 35 of T8N, R86W with a NAD 83 Coordinates of Northing of 4497135, and
an Easting of 0329993. If non-irrigation, describe purpose fully: Primary use is for domestic livestock
and wild game watering. This spring is located in Tract 154 in the NW/4 SW/4 of Sec. 35 of T8N R86W
with a NAD 83 Coordinates of Nothing of 4497135 and an Easting of 0329993. May Spring #2 is located
on property owned by May S-S Ranch, LLLP, for the benefit of the May Ranch and its beneficiaries.
Developed on the 9th of Sep. 2010, its primary purpose is to supply domestic livestock and wild game
with water, overflow is used for limited irrigation to one or more acres located on property owned by
May S-S Ranch, LLLP. 3) May Spring 3. Legal description of each point of diversion: A spring located in
Tract 154 of the NW/4 SW/4 of Sec. 35 in T8N, R86W of 6th P.M., County of Routt, with a NAD 83
coordinates of Northing 4497182, Easting 0330025 also known as 40 .36’ 27.2” North, 107 .00’ 32.9”
West. UTM coordinates: Northing 4497182, Easting 0330025, Zone 13, via hand-held Garmin Etrex, set
to read NAD 83, accuracy is within 3-15’ with DGPS corrections. Legal description: County of Routt,
NW/4 SW/4 Sec. 35, T8N, R86W of 6th P.M. Source: a tributary to George’s Gulch Creek, tributary to Salt
Creek, tributary to Elk River, tributary to Yampa River. Date of appropriation: 7-21-11. How
appropriation was initiated: spring was developed into pipe, piped to stock tank for domestic livestock
and wild game watering; overflow is used to irrigate five acres more or less. Date water applied to
beneficial use: 7-21-11. Amount claimed: .033 cfs absolute. Use or proposed use: Primary use is for
domestic livestock and wild game watering, overflow is used for limited irrigation of five acres more or
less. Number of acres historically irrigated: 0; proposed to be irrigated: 5 acres more or less. Five or
more acres located in Track 154 in the NW/4 SW/4 of Sec. 35 in T8N, R86W with a NAD 83 Coordinates
of Northing 4497182, and Easting of 0330025. If non-irrigation, describe purpose fully: Primary se is for
domestic livestock and wild game watering. This spring is located in Track 154 in the NW/4 SW/4 of Sec.
35 in T8N, R86W with a NAD 83 coordinates of Northing 4497182 and a Easting of 0330025. May Spring
#3 is located on property owned by May S-S Ranch, LLLP, for the benefit of the May Ranch and its
beneficiaries. Developed on the 21st of July, 2011, its primary purpose is to supply domestic livestock
and wild game with water, overflow is used for limited irrigation to five or more acres located on
property owned by May S-S Ranch, LLLP. 4) May Spring #4. Legal description of each point of diversion:
A spring located in Tract 154 in the NE/4 NE/4 of Sec. 35, T8N, R86W of 6th P.M., County of Routt, with a
NAD 83 coordinates of Northing 4497954, Easting 0331225 also known as 40 36’ 54.7” North, 106 .59’
42.7” West. UTM coordinates: Northing 4497954, Easting 0331225, Zone 13, with hand-held Garmin
Etrex, set to read NAD 83 with accuracy within 3-15’ with DGPS corrections. Legal description: NE/4
NE/4 Sec. 35, T8N, R86W of 6th P.M. Source: a tributary to George’s Gulch Creek, tributary to Salt Creek,
tributary to Elk River, tributary to Yampa River. Date of appropriation: 7-26-11. How appropriation was
initiated: spring was developed into pipe, piped into stock tank for domestic livestock and wild game
watering. Overflow is used to irrigate five acres more or less. Date water applied to beneficial use: 7-2611. Amount claimed: .033 cfs absolute. Use or proposed use: primary use is for domestic livestock and
wild game watering, overflow is used for limited irrigation of five or more acres. Number of acres
historically irrigated: 0; proposed to be irrigated: 5 more or less. Five acres more or less located in Tract
157 in the NE/4 NE/4 of Sec. 35, T8N, R86W with a NAD 83 coordinates of Northing 4497954 and a
Easting of 0321225. If non-irrigation, describe purpose fully: Primary use if for domestic livestock and
wild game watering. This spring is located in Tract 157 in the NE/4 NE/4 of Sec. 35 of T8N, R86W with a
NAD 83 coordinates of Northing 4497954 and a Easting of 0321225. May Spring #4 is located on
property owned by May S-S Ranch, LLLP, for the benefit of the May Ranch and its beneficiaries.
Developed on the 26th of July, 2011, its primary purpose is to supply domestic livestock and wild game
with water, overflow is used for limited irrigation to five or more acres located on property owned by
May S-S Ranch LLLP. 5) May Spring #5. Legal description of each point of diversion: A spring located in
Tract 157 of SW/4 NE/4 of Sec. 35, T8N, R86W of 6th P.M., County of Routt, with a NAD 83 coordinates of
Northing 4497353, Easting 0330693, also known as 40 36’ 34.8” North, 107 .00’ 04.7” West. UTM
coordinates: Northing 4497353, Easting 0330693, Zone 13, using hand-held Garmin Etrex set to read
NAD 83 with accuracy within 3-15’ with DGPS corrections. Legal description: SW/4 NE/4 Sec. 35, T8N,
R86W of 6th P.M. Source: a tributary to George’s Gulch Creek, tributary to Salt Creek, tributary to Elk
River, tributary to Yampa River. Date of appropriation: 7-21-11. How appropriation was initiated: spring
was developed into pipe, piped into stock tank for domestic livestock and wild game watering. Overflow
is used to irrigate five acres more or less. Date water applied to beneficial use: 7-21-11. Amount
claimed: .033 cfs absolute. Use or proposed use: Primary use is for domestic livestock and wild game
watering, overflow is used for limited irrigation of five or more acres. Number of acres historically
irrigated: 0; proposed to be irrigated: 5 more or less. Five acres more or less located in Tract 157 in SW/4
NE/4 of Sec. 35 , T8N, R86W with a NAD 83 coordinates of Northing 4497353 and Easting of 0330693. If
non-irrigation, describe purpose fully: Primary use is for domestic livestock and wild game watering. This
spring is located in Tract 157 in the SW/4 NE/4 of Sec. 35, T8N, R86W with a NAD 83 coordinates of
Northing 4497353 and a Easting of 0330693. May Spring #5 is located on property owned by May S-S
Ranch, LLLP for the benefit of the May Ranch and its beneficiaries. Developed on the 21st of July, 2011,
its primary purpose is to supply domestic livestock and wild game with water, overflow is used for
limited irrigation to five or more acres located on property owned by May S-S Ranch, LLLP. 6) May
Spring #6. Legal description of each point of diversion: A spring located in Tract 154 in NW/4 SW/4 of
Sec. 35,T8N, R86W of 6th P.M., County of Routt, with a NAD 83 coordinates of Northing 4497192, Easting
0330129, also known as 40 .36’ 34.8” North, 107 .00’ 04.7” West. UTM coordinates: Northing 4497192,
Easting 0330129, Zone 13 via hand-held Garmin Etrex, set to read NAD 83 with accuracy within 3-15’
with DGPS corrections. Legal description: NW/4 SW/4 Sec. 35, T8N, R86W of 6th P.M. Source: a tributary
to George’s Gulch Creek, tributary to Salt Creek, tributary to Elk River, tributary to Yampa River. Date of
appropriation: 7-21-11. How appropriation was initiated: spring was developed into pipe, piped into
stock tank for domestic livestock and wild game watering. Overflow is used to irrigate five acres more or
less. Date water applied to beneficial use: 7-21-11. Amount claimed: .033 cfs absolute. Use or proposed
use: primary use is for domestic livestock and wild game watering, overflow is used for limited irrigation
of five or more acres. Number of acres historically irrigated: 0; proposed to be irrigated: 5 more or less.
Five acres more or less located in Tract 154 in NW/4 SW/4 of Sec. 35 of T8N, R86W with a NAD 83
coordinates of Northing 4497192 and a Easting of 0330129. If non-irrigation, describe purpose fully:
Primary use is for domestic livestock and wild game watering. This spring is located in Tract 154 in the
NW/4 SW/4 of Sec. 35 T8N, R86W with a NAD 83 coordinates of Northing 4497192 and a Easting of
0330129. May Spring #6 is located on property owned by May S-S Ranch, LLLP, for the benefit of the
May Ranch and its beneficiaries. Developed on the 21st of July, 2011, its primary purpose is to supply
domestic livestock and wild game with water, overflow is used for limited irrigation to five or more acres
located on property owned by May S-S Ranch LLLP. 7) May Spring #7. Legal description of each point of
diversion: a spring located in Tract 51 in NE/4 NE/4 of Sec. 3, T7N R86W of 6th P.M., County of Routt,
with a NAD 83 coordinates of Northing 4496302 Easting 0329285, also known as 40 .35’ 55” North, 107
.01’ 03.5” West. UTM coordinates: Northing 4496302, Easting 0329285, Zone 13, with a hand-held
Garmin Etrex set to read NAD 83, with accuracy within 3-15’ with DGPS corrections. Legal description:
NE/4 NE/4 Sec. 3, T7N, R86W of 6th P.M. Source: a tributary o George’s Gulch Creek, tributary to Salt
Creek, tributary to Elk River, tributary to Yampa River. Date of appropriation: 7-21-11. How
appropriation was initiated: spring was developed into pipe, piped into stock tank for domestic livestock
and wild game watering. Overflow is used to irrigate five acres more or less. Date water applied to
beneficial use: 7-21-11. Amount claimed: .033 cfs absolute. Use or proposed use: primary use is for
domestic livestock and wild game watering, overflow is used for limited irrigation of five or more acres.
Number of acres historically irrigated: 0; proposed to be irrigated: 5 more or less. Five acres more or less
located in Tract 51 in NE/4 NE/4 of Sec. 3 of T7N, R86W with a NAD 83 coordinates of Northing 4496302
and a Easting of 0329285. If non-irrigation, describe purpose fully: primary use is for domestic livestock
and wild game watering. This spring is located in Tract 51 NE/4 NE/4 of Sec. 3 of T7N, R86W with a NAD
83 coordinates of Northing 4496302 and a Easting of 0329285. May Spring #7 is located on property
owned by May S-S Ranch, LLLP, for the benefit of the May Ranch and its beneficiaries. Developed on the
21st of July, 2011, its primary purpose is to supply domestic livestock and wild game with water.
Overflow is used for limited irrigation to five or more acres located on property owned by May S-S
Ranch, LLLp. 8) May Spring #8. Legal description of each point of diversion: A spring located in Tract 47
in the NW/4 NW/4 of Sec. 2 of T7N, R86W of 6th P.M. , County of Routt, with a NAD 83 coordinates of
Northing 4495999 Easting 0329813, also known as 40 .35’ 50.3” North, 107 00’ 40.8” West. UTM
coordinates: Northing 4495999, Easting 0329813, Zone 13, using hand-held Garmin Etrex, set to read
NAD 83 with accuracy within 3-15’ with DGPS corrections. Legal description: NW/4 NW/4 Sec. 2, T7N,
R86W of 6th P.M. Source: a tributary to George’s Gulch Creek, tributary to Salt Creek, tributary to Elk
River, tributary to Yampa River. Date of appropriation: 7-26-11. How appropriation was initiated: spring
was developed into pipe, piped into stock tank for domestic livestock and wild game watering. Overflow
is used to irrigate five acres more or less. Date water applied to beneficial use: 7-26-11. Amount
claimed: .033 cfs absolute. Use or proposed use: primary use is for domestic livestock and wild game
watering, overflow is used for limited irrigation of five or more acres. Number of acres historically
irrigated: 0; proposed to be irrigated: 5 more or less. Five acres more or less located in Tract 47 in the
NW/4 of NW/4 of Sec. 2 of T7N, R86W with a NAD 83 coordinates of Northing 4495999 and a Easting of
0329813. If non-irrigation, describe purpose fully: primary use is for domestic livestock and wild game
watering. This spring located in Tract 47 in the NW/4 NW/4 of Sec. 2 of T7N, R86W with a NAD 83
coordinates of Northing 4495999 and a Easting of 0329813. May Spring #8 is located on property owned
by May S-S Ranch, LLLP for the benefit of the May Ranch and its beneficiaries. Developed on the 26th of
July, 2011, its primary purpose is to supply domestic livestock and wild game with water, overflow is
used for limited irrigation to five or more acres located on property owned by May S-S Ranch, LLLP. 9)
May Spring #9. Legal description of each point of diversion: a spring located in Tract 47 in NE/4 NW/4 of
Sec. 2 of T7N, R86W in County of Routt, with a NAD 83 coordinates of Northing 4496149, Easting
0330074, also known as 40 .35’ 55.3” North, 107 .00’ 29.8” West. UTM coordinates: Northing 4496149,
Easting 0330074, Zone 13 with a hand-held Garmin Etrex, set to read NAD 83 with accuracy within 3-15’
with DGPS Corrections. Legal description: NE/4 NW/4 Sec. 2 T7N, R86W of 6th P.M. Source: a tributary to
George’s Gulch Creek, tributary to Salt Creek, tributary to Elk River, tributary to Yampa River. Date of
appropriation: 7-28-11. How appropriation was initiated: spring was developed by cutting into a bank,
back filled with rock, diverted into a stock pond. Date water applied to beneficial use: 7-28-11. Amount
claimed: .033 cfs absolute. Use or proposed use: primary use is for domestic livestock and wild game
watering. If non-irrigation, describe purpose fully: primary use is for domestic livestock and wild game
watering. This spring is located in Tract 47 in the NE/4 NW/4 of Sec. 2 of T7N, R86W with a NAD 83
Coordinates of Northing 4496149 and a Easting of 0330074. May Spring #9 is located on property owned
by May S-S Ranch, LLLP, for the benefit of the May Ranch and its beneficiaries. Developed on the 28th of
July, 2011, its primary purpose is to supply domestic livestock and wild game with water on property
owned by May S-S Ranch, LLLP. 10) May Spring #10. Legal description of each point of diversion: a spring
located in Tract 51 in NW/4 NW/4 of Sec. 3, T7N, R86W of 6th P.M, in Routt County, with a NAD 83
coordinates of Northing 4496235 and a Easting of 0328512 also known as 40 .35’, 56.9” North, 107 01’,
36.4” West. UTM coordinates: Northing 4496235, Easting 0328512, Zone 13, with a hand-held Garmin
Etrex, set to read NAD 83 with accuracy within 3-15’ with DGPS corrections. Legal description: NW/4
NW/4 Sec. 3, T7N, R86W of 6th P.M. Source: unnamed tributary to Salt Creek, Tributary to Elk River,
tributary to Yampa River. Date of appropriation: 8-1-11. How appropriation was initiated: spring was
developed into pipe, piped to a stock tank for domestic livestock and wild game watering. Date water
applied to beneficial use: 8-1-11. Amount claimed: .033 cfs absolute. Use or proposed use: primary and
current use is for domestic livestock and wild game watering, conditional use for domestic residential
use. If non-irrigation, describe purpose fully: primary and current use is for domestic livestock and wild
game watering. This spring is located in Tract 51 in NW/4 NW/4 of Sec. 3 of T7N, R86W with a NAD 83
Coordinates of Northing 4496235 and a Easting of 0328512. May Spring #10 is located on property
owned by May S-S Ranch, LLLP, for the benefit of the May Ranch and its beneficiaries. Developed on the
1st of August, 2011, its primary purpose is to supply domestic livestock and wild game with water on
property owned by May S-S Ranch, LLLP. Maps are available in Court file. Applicant is landowner.
12CW1. CONCERNING THE APPLICATION FOR WATER RIGHTS OF MILK
CREEK RANCH, LLC, IN A TRIBUTARY OF MILK CREEK, TRIBUTARY TO THE
YAMPA RIVER, IN RIO BLANCO COUNTY, COLORADO. 1. Applicant: Milk Creek
Ranch, LLC, c/o Mike Mitchell, 968 County Road 42, Meeker, Co. 81641;
mikem@suncoastbev.com; (970) 826-9766. Please send all correspondence to Beth Ann J.
Parsons, Law Office of Beth Ann J. Parsons, 125 Locust Street, Denver, CO 80220, (303) 3943226. 2. Decreed water right for which change is sought: A. Name of structure: John
Rescorla Ditch, a.k.a John Roscorla Ditch or Upper Milk Creek Ditch. B. Date of original and
all relevant subsequent decrees: 1. The original water right for the John Rescorla Ditch was
adjudicated in the Moffat County District Court on August 22, 1916, for 1.08 c.f.s, absolute. 2.
The First Enlargement of the John Rescorla Ditch was adjudicated in the Supplemental
Adjudication of September 1, 1960, District Court, Water District No. 44, in Case No. CA1278,
for 3.12 c.f.s, absolute. C. Legal description of structure as described in most recent decree:
The point of diversion is located on the left (east) bank of Milk Creek at a point from whence the
Township corner between Townships 2 and 3 North, Ranges 91 and 91 West of the Sixth
Principal Meridian, bears N. 16° E, 3865 feet. The location is depicted in Figure 1 of the
engineering report prepared by Deere & Ault Consultants and attached hereto as Exhibit 1. D.
Decreed source of water: Milk Creek. E. Appropriation Dates: 1. John Rescorla Ditch: May
1, 1913. 2. First Enlargement of the John Rescorla Ditch: May 31, 1923. E. Total amount
decreed to structure: 4.2 c.f.s, absolute. E. Decreed use or uses: Irrigation. F. Amount of
water that applicant intends to change: 4.2 c.f.s, absolute. 3. Detailed description of
proposed change: A. The Applicant seeks to adjudicate an alternate point of diversion,
described below, for the 4.2 c.f.s. of water adjudicated to the John Rescorla Ditch. There are no
intervening points of diversion between the decreed point of diversion for the John Rescorla
Ditch and the proposed alternate point of diversion. The water will continue to be used for
irrigation in its originally decreed location. B. The alternate point of diversion is located in the
NWNE of Section 1, Township 2 N Range 92 W, in the 6th P.M., 2568’ from the East line and
433’ from the North line. The location is depicted in Figure 1 of Exhibit 1, attached hereto. 4.
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: Milk
Creek Ranch, LLC., 968 County Road 42, Meeker, Colorado 81641.
12CW2 Routt County, Colorado. Name, mailing address, email address, and home telephone
number of applicant(s): Sage Creek Holdings, 701 Market Street, Suite 801, St. Louis, Mo.
63101, c/o Jordan C. May, Frascona, Joiner, Goodman and Greenstein, P.C. 4750 Table Mesa
Drive, Boulder, Colorado 80305, jordan@frascona.com, 303-494-3000. APPLICATION FOR
WATER STORAGE RIGHT: 2. Name of Reservoir: Pecoco Reservoir. 3. Legal
description of location of dam centerline. (PLSS) (include perpendicular distances from
section lines, and indicate ¼ ¼, section number, township, range, meridian and county; mark
the location of the structure on a USGS topographic map and attach to this application a legible
8 ½ x 11 inch copy of the applicable portion of the map). In areas where section lines have not
been established, a bearing and distance to an established government monument is acceptable.
In areas having generally recognized street addresses, include street address, and if applicable,
the lot, block, and subdivision: Preferred Legal Description (PLSS): County Routt, SW ¼ of
the NW ¼, Section 2, Township 5N, Range 87W, Principal Meridian 6th. Distance from section
lines (section lines are typically not property lines) 1,650 Feet from North and 50 Feet from W.
Street Address: N/A, Subdivision: N/A, Lot: N/A, Block: N/A 4. Source: (i.e., unnamed
tributary to North Clear Creek, tributary to Clear Creek, tributary to the South Platte River)
Tributary to Grassy Creek, tributary to Yampa River. Name(s) of ditch(es) used to fill reservoir
and capacity in cubic feet of water per second (cfs): N/A. 5. If off-channel reservoir, name and
capacity of ditch or ditches used to fill reservoir, and legal description of each point of
diversion. (PLSS) (include perpendicular distances from section lines, and indicate ¼ ¼,
section number, township, range, meridian and county; mark the location of the structure on a
USGS topographic map and attach to this application a legible 8 ½ x 11 inch copy of the
applicable portion of the map). In areas where section lines have not been established, a bearing
and distance to an established government monument is acceptable. In areas having generally
recognized street addresses, include street address, and if applicable, the lot, block, and
subdivision: Preferred Legal Description (PLSS): County Routt, SW ¼ of the NW ¼,
Section 2, Township 5N, Range 87W, Principal Meridian 6th. Distance from section lines
(section lines are typically not property lines) 1,650 Feet from N and 50 Feet from W. Street
Address: N/A, Subdivision: N/A, Lot: N/A, Block: N/A 6. A. Date of appropriation:
12/31/1985. B. How appropriation was initiated: Construction. C. Date water applied to
beneficial use: 12/31/1985. 7. Amount claimed: A. In acre feet (one acre foot is the amount
of water required to cover an area of one acre to a depth of one foot, and is equal to
approximately 325,900 gallons) 19.61 Absolute Conditional B. If off-channel reservoir,
rate of diversion in cfs (1 cfs = 448.8 gpm) for filling the reservoir: N/A. Absolute_____
Conditional____. 8. Use: A. If irrigation, complete the following: (1) Number of acres
historically irrigated: N/A. (2) Total number of acres proposed to be irrigated: N/A. Legal
description of acreage irrigated or to be irrigated: N/A. B. If non-irrigation, describe purpose
fully. Stockwater, industrial. 9. Surface area of high water line: 1.98 ac. A. Vertical height of
dam in feet measured vertically from the elevation of the lowest point of the natural surface of
the ground where that point occurs along the longitudinal centerline of the dam up to the crest
of the emergency spillway of the dam: 2.6 ft . B. Length of dam in feet: 295. See U.S.G.S.
map, as-built drawing and capacity table attached. 10. Total capacity of reservoir in acre
feet: 19.61 Active capacity: 19.61 Dead storage: 16.84. 11. Name(s) and address(es) of
owner(s) or reputed owners of the land upon which any new diversion or storage structure, or
modification to any existing diversion or storage structure is or will be constructed or upon
which water is or will be stored, including any modification to the existing storage pool. You
must notify these persons that you are applying for this water right, and certify to the Court that
you have done so by no later than ten days after filing this application. The certification form is
on page 5 of this form. Name, mailing address, email address, and home telephone number of
applicant(s): Sage Creek Holdings, 701 Market Street, Suite 801, St. Louis, Mo. 63101, , c/o
Jordan C. May, Frascona, Joiner, Goodman and Greenstein, P.C. 4750 Table Mesa Drive,
Boulder, Colorado 80305, jordan@frascona.com, 303-494-3000.12. Remarks or any other
pertinent information: None. B. APPLICATION FOR CHANGE OF WATER RIGHT: 2.
Decreed water right for which change is sought: A. Name of structure: Earle’s Reservoir B.
Date of original and all relevant subsequent decrees: 4/8/81 Case No:W-1150-77 Court: Water
Division No. 6. C. Legal description of structure: (PLSS) (include perpendicular distances
from section lines, and indicate ¼ ¼, section number, township, range, meridian and county;
mark the location of the structure on a USGS topographic map and attach to this application a
legible 8 ½ x 11 inch copy of the applicable portion of the map). In areas where section lines
have not been established, a bearing and distance to an established government monument is
acceptable. In areas having generally recognized street addresses, include street address, and if
applicable, the lot, block, and subdivision. Preferred Legal Description (PLSS): Routt
County, SW ¼ of the SW 1/4, Section 35, Township 6N, Range 87W, Principal Meridan 6th.
Distance from section lines (section lines are typically not property lines) 1,050 Feet from S and
50 Feet from W. Street Address: N/A, Subdivision: N/A, Lot: N/A, Block: N/A. D. Decreed
source of water: Tributary to Grassy Creek, tributary to Yampa River. E. Appropriation
Date:April 1, 1977 Total amount decreed to structure:12 af. F. Decreed use or uses:
Stockwater. G. Amount of water that applicant intends to change: 12 af. 3. Detailed
description of proposed change: A. Complete statement of change, including a description of
all water rights to be changed, a USGS topographic map showing the approximate location of
historical use of the rights and proposed place of use, and records or summaries of records of
actual diversions of each right the applicant intends to rely on to the extent such records exist.
In addition, you may submit a report by an engineer that includes this information. Please be
aware that early in the proceedings, you will be required to supply detailed information, such as
the historical consumptive use on a monthly basis of the water rights you propose to change and
an analysis of historical return flow patterns. You are encouraged to provide such information
with this application. Applicant intends to transfer the water right of Earle’s Reservoir to
Pecoco Reservoir (water storage right claimed above), an existing structure 2,700 feet south of
the decreed location of Earle’s Reservoir, for use in the planned Sage Creek Mine, and to
change the beneficial use to stockwater and industrial. The new place of storage, Pecoco
Reservoir, and the subject water right, Earle’s Reservoir, are located in the same drainage basin.
The proposed change will not cause material injury to any vested water right or decreed
conditional water right. See U.S.G.S. map and prior decree for Earle’s Reservoir attached.
B. If applicant is correcting the location of a well in an existing decree where the actual location
of the well is more than 200 feet from the decreed location, or drilling a replacement well more
than 200 feet from the decreed location, provide legal descriptions of decreed location and
actual or new location of well. Include perpendicular distances from section lines, and indicate
¼ ¼, section number, township, range, meridian and county; mark the location of the structure
on a USGS topographic map and attach to this application a legible 8 ½ x 11 inch copy of the
applicable portion of the map. In areas where section lines have not been established, a bearing
and distance to an established government monument is acceptable.). In the alternative, the
location may include UTM coordinates based on Zone 12 or 13, measured in meters, and
NAD83 datum. In areas having generally recognized street addresses, include street address,
and if applicable, the lot, block, and subdivision. Attach copies of well permits: N/A. C. If a
change in point of diversion, provide legal descriptions of decreed location and actual or new
location of structure. (PLSS) (include perpendicular distances from section lines, and indicate
¼ ¼, section number, township, range, meridian and county; mark the location of the structure
on a USGS topographic map and attach to this application a legible 8 ½ x 11 inch copy of the
applicable portion of the map). In areas where section lines have not been established, a bearing
and distance to an established government monument is acceptable. In areas having generally
recognized street addresses, include street address, and if applicable, the lot, block, and
subdivision. Preferred Legal Description (PLSS): Routt County, SW ¼ of the NW ¼, Section
2, Township 5N, Range 87W, Principal Meridian 6th. Distance from section lines (section lines
are typically not property lines) 1,650 Feet from N and 50 Feet from W. Street Address: N/A.
Subdivision: N/A, Lot: N/A. Block: N/A. 4. Name(s) and address(es) of owner(s) or reputed
owners of the land upon which any new diversion or storage structure, or modification to any
existing diversion or storage structure is or will be constructed or upon which water is or will be
stored, including any modification to the existing storage pool. You must notify these persons
that you are applying for this water right, and certify to the Court that you have done so. Name
of Applicant, Mailing Address, Email Address, Home Phone Number: Sage Creek Holdings,
LLC, 701 Market Street, Suite 801, St. Louis, Mo. 63101, c/o Jordan C. May, Frascona, Joiner,
Goodman and Greenstein, P.C. 4750 Table Mesa Drive, Boulder, Colorado 80305,
jordan@frascona.com, 303-494-3000.
Produced Nontributary Ground Water Notification List for Water Division Six
Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17
(“Rules”), the State Engineer is publishing this invitation to persons to be included on the
Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules,
the State Engineer must establish a Produced Nontributary Ground Water Notification List for
each water division within the State of Colorado for the purposes of ensuring that water users
within each water division receive adequate notice of proceedings held pursuant to the Rules. In
order to establish such notification list, the State Engineer is directed, in January of each year, to
cause to have published in the water court resume for each water division an invitation to be
included on such notification list for the applicable water division.
Persons on the Produced Nontributary Ground Water Notification List shall be provided notice
required pursuant to the Rules by either first-class mail, or, if a person so elects, by electronic
mail. The Rules further describe the procedures to be followed by parties upon receiving notice of
proceedings held pursuant to the Rules. The Rules are available on the Division of Water
Resources website at: www.water.state.co.us.
If you would like to be included on the Produced Nontributary Ground Water Notification List for
any Water Division, please contact the following for the appropriate form: Produced Nontributary
Ground Water Notification List, Colorado Division of Water Resources, 1313 Sherman Street,
Room 818, Denver, CO 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, e-mail:
NontribGw@state.co.us, or sign up on the Division of Water Resources website under the “News
&Notification” tab at: www.water.state.co.us.
You are hereby notified that you will have until the last day of MARCH, 2012 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.
ROUTT COUNTY COMBINED COURT
WATER DIVISION 6
By: /s/ M. Rene Mattone
Court Judicial Assistant