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 May, 2015.
15CW5, ROUTT COUNTY Application to Make Absolute. Applicant: Edmund W. Jones and Delle C. Jones, PO Box 774072
Steamboat Springs, Co 80477; 513-300-7387. Structure: Delles Dip spring. Date of Original Decrees: 4/21/09 06cw47.
Legal Description: SE4, NW4, sec 28, T7N, R84W, 6th pm. Routt County, Colorado 1600 ft from the North and 2200 ft
from west. Source: from a spring trib to Gum Creek to Soda Creek to Yampa River. Appropriation Date: 8/2/06. Amount:
.033 CFS Absolute. Use: filling a pond for wildlife watering. Detailed outline toward completion: The spring has been
“boxed in” with concentration of water directed to a pond available to wildlife. Some of this water will be used to
irrigate tree seedlings on this tree farm. Date applied to beneficial use: spring 2007, amount .033, use wildlife pond;
description see map in court file. UTM Coordinates: N403219.85, E1064858.69, zone 13, 42605 Gum Creek Lane. Source
of UTM: Google Earth. Owner of Land: Applicant.
15CW3016 ROUTT COUNTY, Application For Finding Of Reasonable Diligence. Applicant: Applicant is Steamboat Ski &
Resort Corporation, whose mailing address, telephone number and email address are 2305 Mt. Werner Circle,
Steamboat Springs, CO 80487, 970/879-6111, jmaas@steamboat.com. Copies of pleadings and all court materials are to
be submitted to their counsel Robert G. Weiss, whose mailing address, telephone number and email address are: 600 S.
Lincoln Avenue, Suite 202, Steamboat Springs, CO 80487, 970/879-6053, bweiss@wvsc.com. Name of Ditch or Other
Structure: Steamboat Ski & Resort Corporation Snowmaking Equipment Expansion. Describe conditional water right
giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: 7/12/1995; Case
No. 94CW151; Court: Water Court, Water Division 6, State of Colorado. Diligence decreed in Case No. 01-CW-50 and in
Case No. 08-CW-13; B. Location: The Point of Diversion is located on the East bank of Yampa River in the
SE1/4SE1/4NW1/4, Section 28, T6N, R84W, 6th P.M., 3,200 feet north of the south section line of said Section 28 and
2,460 feet east of the west section line of said Section 28 at the present point of diversion for the structure known as the
Steamboat Ski Corporation Snowmaking Equipment. Source: Yampa River. Appropriation Date: December 29, 1994.
Amount: 8.0 c.f.s. 1.36 cfs out of 8.0 cfs made absolute in Case No. 11CW11. 6.64 cfs remains conditional. Use:
Snowmaking for Steamboat Ski Area. Provide a detailed outline of what has been done toward completion or for
completion of the appropriation and application of water to a beneficial use as conditionally decreed, including
expenditures: (A) During the summer of 2010 the applicant replaced the well pit pumps for the snowmaking system
with higher capacity pumps at the point of diversion successfully increasing flow to 4,200 gpm (9.4 cfs) as documented
during snowmaking operations on December 16, 2010. The reconfiguring of the upgraded pump arrangement included
the capacity for adding an additional pump to facilitate snowmaking expansion on the ski area. (B) In Case No. 11CW11,
August 12, 2012, the Division 6 Water Court made 1.36 cfs of the water right absolute by reason of the completion of
the appropriation. (C) Since 2007 the Steamboat Ski Area has replaced existing pipe at the ski area with larger diameter
pipe to accommodate higher flow rates necessary for expanding its snowmaking operations. During the past six years
the ski area has installed the listed linear feet of water pipe for snowmaking: 2007 -- 4,774 Feet; 2008 -- 3,616 Feet;
2009 -- 4,458 Feet; 2010 -- 195 Feet; 2011 -- 5,464 Feet; 2013 -- 3,772 Feet; 2014 -- 5,955 Feet. (D) In September of
2011 the Steamboat Ski Area presented an updated Ski Area Master Plan Amendment to the United States Forest
Service including the addition of approximately 90 acres of new snowmaking coverage on the mountain. This Master
plan Amendment was accepted by the Forest Service in January 2013. (E) To accommodate the most recently approved
increase in snowmaking coverage on the ski mountain the Applicant completed an updated Snowmaking Master Plan,
prepared by Sno.matic Controls and Engineering, Inc., in February of 2015 projecting increased flows that will be
necessary to cover this expanded snowmaking terrain prior to the critical holiday season. (F) During the period June
2012 through September 2012, the Steamboat Ski Area retained the services of Resource Engineering, Inc. to develop
plans and obtain permit approvals to remove accumulated sediment from the Yampa River in proximity to its
snowmaking diversion structure. The channel experienced significant sediment deposition following the 2011 high
runoff year. The purpose of the work was to regain the needed diversion capacity at its snowmaking intake. The 2012
work effort is typical of the ski area’s ongoing efforts that were conducted during the diligence period to help insure that
its decreed water rights can be diverted to meet increasing snowmaking demands. The applicant spent approximately
$4,870 on engineering and permitting on this specific task and an additional $5,200 on heavy equipment to complete
the work. (G) In September 2012, Steamboat Ski Area retained Resource Engineering to conduct a physical water
availability analysis of the Yampa River specific to its snowmaking operations and associated water rights. Water year
2012 represented a significant drought year. The ski area wanted to verify that there will be sufficient physical
streamflow available at its snowmaking diversion structure during drought year conditions to meet its full 16 cfs of
absolute and conditional snowmaking water rights. Resource Engineering examined the period 2000 through
September 2012, which included the 2002 drought year. The analysis concluded that sufficient water is available to
meet the ski area’s existing and future snowmaking demands of 16 cfs during dry year conditions. The applicant spent
approximately $1,100 on the hydrologic analysis. The name and address of the owners or reputed owners of the land
upon which the diversion structure which is the subject matter of this application is located is: Colorado Department of
Transportation, Attn: Chief Engineer, Reference Permit No. 12-2-81, 4201 East Arkansas Avenue, Denver, CO 80222.
15CW3017 (08CW5), ROUTT COUNTY. Application For Finding Of Reasonable Diligence. Catamount Development, Inc.,
c/o David Hill P.O. Box 774707, Steamboat Springs, CO 80477, (970) 875-2132. Charles B. White, David S. Hayes, Petros
& White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, (303) 825-1980. Name of structures: Well Nos. 5 – 15.
Well Nos. 2, 3 and 4 were also originally decreed with Well Nos. 5-15 in Case No. W-784-74, but Well Nos. 2, 3, and 4 are
not currently owned by Applicant and are the subject of the application filed in Case No. 14CW3027, District Court,
Water Division No. 6. Description of conditional water rights: a. Prior decrees: The original decree for the Well Nos. 5 15 was entered on March 3, 1976, in Case No. W-784-74, District Court, Water Division No. 6. Subsequent diligence
decrees were entered for Well Nos. 5 through 15 in Case No. 08CW5, dated May 22, 2009, Case No. 01CW52, dated
January 15, 2002, Case No. 94CW113, dated July 20, 1995; Case No. 88CW25, dated October 31, 1988; Case No.
84CW36, dated November 8, 1984; and Case No. 80CW05, dated May 14, 1980, all in District Court, Water Division No.
6. b. Legal description: The following are depicted on the Exhibit A map attached to the application and available for
inspection at the office of the Division 6 Water Court or via ICCES: i. Well No. 5: Located in the NE1/4 SE1/4 of Section
33, T.5N., R.84W. of the 6th P.M., 1975 feet from the South section line and 1050 feet from the East section line. ii.
Well No. 6: Located in the SE1/4 SE1/4 of Section 33, T.5N., R.84W. of the 6th P.M., 1250 feet from the South section
line and 350 feet from the East section line. iii. Well No. 7: Located in the SW1/4 SW1/4 of Section 34, T.5N., R.84W. of
the 6th P.M., 1175 feet from the South section line and 500 feet from the West section line. iv. Well No. 8: Located in
the SE1/4 SE1/4 of Section 33, T.5N., R.84W. of the 6th P.M., 375 feet from the South section line and 0 feet from the
East section line. v. Well No. 9: Located in the SW1/4 SW1/4 of Section 34, T.5N., R.84W. of the 6th P.M., 675 feet from
the South section line and 500 feet from the West section line. vi. Well No. 10: Located in the SE1/4 SE1/4 of Section
33, T.5N., R.84W. of the 6th P.M., 500 feet from the South section line and 1000 feet from the East section line. vii. Well
No. 11: Located in the NW1/4 SE1/4 of Section 33, T.5N., R.84W. of the 6th P.M., 1600 feet from the South section line
and 1575 feet from the East section line. viii. Well No. 12: Located in the NW1/4 SE1/4 of Section 33, T.5N., R.84W. of
the 6th P.M., 2100 feet from the South section line and 1675 feet from the East section line. ix. Well No. 13: Located in
the SW1/4 SW1/4 of Section 34, T.5N., R.84W. of the 6th P.M., 925 feet from the South section line and 950 feet from
the West section line. x. Well No. 14: Located in the SE1/4 SE1/4 of Section 33, T.5N., R.84W. of the 6th P.M., 1100 feet
from the South section line and 1175 feet from the East section line. xi. Well No. 15: Located in the NE1/4 SE1/4 of
Section 33, T.5N., R.84W. of the 6th P.M., 1675 feet from the South section line and 375 feet from the East section line.
c. Source: Groundwater tributary to the Yampa River. d. Appropriation date: February 19, 1974. e. Amount: 0.44
c.f.s., conditional, for each well. f. Use: Domestic, livestock, commercial, industrial, irrigation, municipal, and
recreational. Evidence of reasonable diligence: Conditional Well Nos. 7, 8, 9, 10, 13 & 14 are part of the system for
supplying the water demands of the Lake Catamount Development, a development located on approximately 3291.770
acres in Sections 20, 22, 27, 28, 31, 32, 33, 34, and 35, T. 5 N., R. 84 W. of the 6th P.M., in Routt County, Colorado. The
application contains a summary of specific projects and work undertaken during the six-year diligence period prior to
the filing of this application in furtherance of the development of the Lake Catamount Development and its associated
water supply, and is available for inspection at the office of the Division 6 Water Court or via ICCES. The list is not
intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter.
Relinquishment of four conditional wells: Applicant hereby provides notice of its intent to relinquish the conditional
water rights for the following four wells originally decree in Case No. W-784-74: Well No. 5, Well No. 6, Well No. 12, and
Well No. 15. Applicant is not requesting a finding of diligence for these four specific wells. Names(s) and address(es) of
owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any
existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any
modification to the existing storage pool: Well Nos. 7, 8, 9, 10, 13 & 14 will be located on property owned by the
Applicant; by John P. Holloway, P.O. Box 770656, Steamboat Springs, CO 80477; and by the Catamount Metro District,
P.O. Box 880550, Steamboat Springs, CO 80488. WHEREFORE, the Applicant respectfully requests that this Court enter a
finding of reasonable diligence for and continuing in full force and effect the conditional water rights for Well Nos. 7, 8,
9, 10, 13 & 14.
15CW3018 ROUTT COUNTY, Oak Creek, Tributary To Yampa River. Application for Finding of Reasonable Diligence.
Riverview Properties LLC (“Applicant”), c/o Meghan N. Winokur, Holland & Hart LLP, 600 E. Main Street, Suite 104,
Aspen, CO 81611, (970) 925-3476, mwinokur@hollandhart.com. Structures: Alpha Ditch Pinnacle Peak Ranch
Enlargement and Pinnacle Peak Pond Nos. 1 through 4. Previous Decrees: 3/18/2002, Case No. 00CW62 in Water Div.
No. 6. 5/26/2009, Case No. 08CW16 in Water Div. No. 6. Alpha Ditch Pinnacle Peak Ranch Enlargement. Legal
Description: As stated in Case No. 209 (Routt County District Court), the original decree for the Alpha Ditch, the point of
diversion is at Oak Creek on the northwesterly bank of said creek in Section 19, Township 3 North, Range 86 West, 6th
P.M. The point of diversion is more accurately described as being at a point in the SE1/4 SE1/4, Section 19, Township 3
North, Range 86 West, 6th P.M., at a point 700 feet from the South line and 1,200 feet from the East line of said Section
19. Source: Oak Creek, tributary to Yampa River. Approp. Date: 3/31/2000. Amount: 2.8 cfs, conditional. Use:
Stockwater, wildlife watering, aesthetic, piscatorial, and to fill and refill the Pinnacle Peak Pond Nos. 1-4 (collectively,
“Pinnacle Peak Ponds”), including at the decreed alternate storage locations. Pinnacle Peak Ponds. Legal descriptions:
Pinnacle Peak Pond No. 1: a point on the centerline of the dam is described as NE1/4 SE1/4, Section 19, Township 3
North, Range 86 West, 6th P.M., at a point 2,250 feet from the South line and 200 feet from the East line of said Section
19. Pinnacle Peak Pond No. 2: a point on the centerline of the dam is described as NW1/4 SW1/4, Section 20, Township
3 North, Range 86 West, 6th P.M., at a point 2,500 feet from the South line and 400 feet from the West line of said
Section 20. Pinnacle Peak Pond No. 3: a point on the centerline of the dam is described as SW1/4 NW1/4, Section 20,
Township 3 North, Range 86 West, 6th P.M., at a point 2,600 feet from the North line and 1,100 feet from the West line
of said Section 20. Pinnacle Peak Pond No. 4: a point on the centerline of the dam is described as SE1/4 SE1/4, Section
17, Township 3 North, Range 86 West, 6th P.M., at a point 100 feet from the South line and 1,200 feet from the East line
of said Section 17. Alternate Locations: Pinnacle Peak Pond Alternate A: located in the SE1/4 NW1/4, Section 20,
Township 3 North, Range 86 West, 6th P.M. at a point 2,550 feet from the North line and 1,500 feet from the West line
of said Section 20. Pinnacle Peak Pond Alternate B: located in the SE1/4 SE1/4, Section 19, Township 3 North, Range 86
West, 6th P.M. at a point 1,050 feet from the South line and 950 feet from the East line of said Section 19. Pinnacle Peak
Pond Alternate C: located in the SE1/4 NW1/4, Section 20, Township 3 North, Range 86 West, 6th P.M. at a point 2,500
feet from the North line and 2,000 feet from the West line of said Section 20. Applicant may construct Pinnacle Peak
Pond Nos. 1 through 4 in any combination and at any of the locations described above. The said Pinnacle Peak Ponds
described above are off-channel structures, and will be filled by the Alpha Ditch Pinnacle Peak Ranch Enlargement,
decreed in Case No. 00CW62. Source: Oak Creek, tributary to Yampa River. Approp. Date: 3/31/2000. Amount. Total
storage capacity of any number and combination of ponds at the locations described above will not exceed 7.6 acre feet
under the priority decreed in Case No. 00CW62. All capacity is active storage. Use: Stockwater, wildlife watering,
piscatorial and aesthetic. The Pinnacle Peak Ponds will be filled and refilled when in priority. Surface Area: Surface area
of high water line for any combination of the ponds at the locations described above will not exceed 1.92 surface acres.
Maximum height of dam: less than 9.5 feet for each structure. Integrated System. The Subject Water Rights are
individual components of Applicant’s integrated water project. See e.g., paragraph 8 of the Decree in Case No. 00CW62.
Consequently, work on any one feature of Applicant’s water project or system shall be considered in finding that
reasonable diligence has been shown in the development of water rights for all features of Applicant’s water project.
See C.R.S. § 37-92-301(4)(b). Applicant seeks a finding of reasonable diligence as to all of the subject conditional water
rights.. A detailed outline of activity during the most recent diligence period is included in the Application. Land
Ownership: Applicant.
2015CW3019 ROUTT COUNTY, Walton Creek, tributary to Yampa River. Application To Make Partially Absolute And For
Finding Of Reasonable Diligence. 1. Name, address, and telephone number of Applicant: Storm Mountain Ranch
Association, 33560 Rodeo Drive, Steamboat Springs, CO 80487, Telephone (970) 846-9921. c/o Wayne F. Forman, Esq.,
Brownstein Hyatt Farber Schreck, L.L.P., 410 17th Street, 22nd Floor, Denver CO 80202, Telephone (303) 223-1100. 2.
Name of structure: G. Phillips Ditch, Storm Mountain Enlargement. Description of conditional water rights: A. Date of
Original Decree April 26, 2000, Case No. 97CW75; Water Division No. 6; B. Subsequent Diligence Decree May 26, 2009,
Case No. 06CW14, Water Division No. 6. C. Legal description of each point of diversion: The Headgate is located on the
South bank of Walton Creek in the NE¼NW¼ of Section 11, Township 5 North, Range 84 West of the 6th P.M. at a point
981 feet from the North Section Line and 2,023 feet from the West Section line of said Section 11. See Exhibit A. D.
Source: Walton Creek, tributary to Yampa River. E. Appropriation Date: November 3, 1997; Quantity of Water: 6 c.f.s. F.
Uses of Water: recreation, fishery, aesthetics, domestic, irrigation, and stock water as conditional uses. 3. Outline of
Diligence Activities: During the relevant diligent period, Applicant has engaged in activities towards finalizing the
appropriation of the subject conditional water right, and in other water-related activities, including but not limited to
the following: A. Applicant has maintained and improved the G. Phillips Ditch and has diverted and applied a portion of
the subject conditional water right to beneficial use. Through the use of mechanized equipment, Applicant has cleaned
the entire length of the ditch. Applicant also has reset and levelled the Parshall flume within the ditch. B. Applicant
expended nearly $50,000 on legal, engineering and on-the-ground work to protect, preserve, operate and analyze
Applicant’s water rights and water diversion and storage structures within the Ranch development, including the G.
Phillips Ditch and the subject conditional water right. 4. Claim to make partially absolute: A. Date water applied to
beneficial use: May 22, 2015; Amount: 3.3 c.f.s.; Uses: domestic, recreation, fishery, aesthetics, irrigation and stock. B.
Evidence of beneficial use: The claim to make partially absolute is specifically based on diversions through the G. Phillips
Ditch and then through the “Srednicki Lateral” and “Link Lateral” as measured on May 22, 2015. On that date, 0.82 c.f.s.
was measured flowing through the Link Lateral and 2.48 c.f.s. were measured flowing through the Srednicki Lateral (3.3
c.f.s. total). The measurements are documented in a letter report prepared by Resource Engineering, Inc., dated May 26,
2015. See Exhibit B. In addition, water has been diverted under the G. Phillips Ditch Storm Mountain Enlargement
conditional water right as reflected in the attached Exhibit C which are the 2014 diversion and water rights accounting
report prepared by Applicant’s water resource consultants and submitted to the Division 6 Engineer. These diversion
records confirm that during the period June – July, 2014, water was diverted at the headgate of the G. Phillips Ditch
under the G. Phillips Ditch, Storm Mountain Enlargement water right. That water was delivered to the ponds
constructed on the Srednickis’ and Links’ properties and applied to beneficial uses (see 4.C. below). C. Description of
place of use: As depicted on Exhibit D, the place of use of the subject water right is as follows: Water was diverted from
the G. Phillips Ditch through the Srednicki Lateral and into and through two existing ponds on the Srednicki property.
Water remaining in the G. Phillips Ditch continued flowing down ditch where it was re-diverted into the Link Lateral. Said
water was used for domestic, fishery, aesthetic, irrigation and recreation purposes. In addition to the uses described
above, the G. Phillips Ditch is available to the Ranch’s livestock for drinking water purposes. WHEREFORE, Applicant
respectfully requests that the Court enter a decree making absolute 3.3 c.f.s. of the subject conditional water for
domestic, fishery, aesthetics, recreation, irrigation and stock, and continuing the remaining 2.7 c.f.s. portion as
conditional. Alternatively, if the Court determines that 3.3 c.f.s. should not be made absolute, Applicant requests that
that portion of the right also be continued in full force and effect as conditional. (12 pages w/ exhibits)
2015CW3020 ROUTT COUNTY (2007CW25, 1998CW75), unnamed tributary of Trout Creek, tributary to Yampa River,.
Application For Finding Of Reasonable Diligence And To Make Absolute In Part. 1. Applicant: Patricia Marlene Walsh,
P.O. Box 773183, Steamboat Springs, CO 80477, mwalsh@zirkel.us, 970.819.9110. Direct all pleadings and court-related
documents to Claire E. Sollars, Esq., P.O. Box 881302, Steamboat Springs, CO 80488-1302, Claire.Sollars@hughes.net,
970.757.2713. 2. Names of structures: Marlene’s Spring, Mickey’s Spring and Troy’s Pond. 3. Descriptions of conditional
water rights: A. Original Decree: On March 26, 2001, in Routt County District Court, Water Division No. VI, Case No.
1998CW75, the Water Court awarded conditional water rights to Applicant Walsh for Marlene’s Spring, Mickey’s Spring
and Troy’s Pond. B. Subsequent Diligence Decrees: On May 22, 2009, in Routt County District Court, Water Division No.
VI, Case No. 2007CW25, the Water Court entered a decree through which Applicant Walsh’s conditional water rights
remained in full force and effect. C. Legal Descriptions of Points of Diversion and Dam Centerline (all structures are
located in Section 31, Township 6 North, Range 85 West, of the 6th P.M., in Routt County, Colorado): Marlene's Spring NE4 NW4, at a point 740 feet from the North section line and 1890 feet from the West section line of said Section;
Mickey's Spring - NE4 NW4, at a point 1050 feet from the North section line and 2600 feet from the West section line of
said Section; Troy's Pond - NE4 NW4, at a point 1310 feet from the North section line and 1500 feet from the West
section line of said Section. D. Source of Water: unnamed tributary to Trout Creek, tributary to Yampa River. E.
Appropriation Dates and Amounts: September 1, 1998 (all structures); Marlene’s Spring and Mickey’s Spring: 0.5 cfs
(each structure), Troy’s Pond: 5.0 AF. F. Uses: Marlene’s Spring and Mickey’s Spring: Irrigation of up to 30 acres, stock
water, wildlife water, and aesthetics; Troy’s Pond: Irrigation of up to 30 acres, stock water, wildlife water, aesthetics,
piscatorial and recreation. G. Depth (if well): N/A. 4. Detailed Outline of what has been done toward completion or for
completion of the appropriation and application of water to a beneficial use as conditionally decreed, including
expenditures: During the past diligence period, Applicant Walsh and her family members used their own or borrowed
equipment to further develop the conditional water rights. Mr. Walsh, husband and co-owner of part of the property,
used a borrowed dozer and family-owned skid steer to excavate the area of Troy’s Pond. Due to the natural topography,
minimal additional materials were needed for the dam, in which Mr. Walsh formed the spillway. Mr. Walsh also further
developed Marlene’s Spring, which is a source of water for Troy’s Pond. The Walshes conducted additional field
investigations around Mickey’s Spring to determine the best area for spring development. The estimated value of the
time, equipment and materials used towards development of the water rights is $1,300. Additionally, Applicant Walsh
incurred approximately $1,500 for legal fees and costs (including filing fees and anticipated publication fees) for the
preparation and filing of this Application for Finding of Reasonable Diligence and to Make Absolute in Part. 5. If claim to
make absolute in whole or in part: A. Date water applied to beneficial use: Marlene’s Spring: June 1, 2010; Troy’s Pond:
June 1, 2010 (stock water, wildlife water) and August 7, 2013 (effective date of Senate Bill 13-041) (remaining beneficial
uses of irrigation of up to 30 acres, aesthetics, piscatorial, recreation). Amount and Uses: Marlene’s Spring: 0.01 cfs,
stock water, wildlife water and aesthetics; Troy’s Pond: 0.5 AF, irrigation, stock water, wildlife water, aesthetics,
piscatorial and recreation. B. Information regarding diversion and description of place of use where water is applied to
beneficial use: Marlene’s Spring collects water at the excavated spring site and excess water flows to Troy’s Pond. Troy’s
Pond stores water collected from surface flows and Marlene’s Spring. Both structures are used for stock water, wildlife
water, and recreation / aesthetics at the developed locations. C. Actual Location: Based on 2015 measurements using
aerial photographs and “AquaMap” software program maintained by the Colorado Division of Water Resources, the
structures are or will be located as follows: Marlene’s Spring (0.01 cfs absolute and 0.49 cfs conditional), NW4 NW4,
1,419 ft. from North section line and 1,177 ft. from West section line, having UTM coordinates of 4478144 mN and
332863 mE; Mickey’s Spring (0.5 cfs conditional), NE4 NW4, 1,029 ft. from North section line and 2,419 ft. from West
section line, having UTM coordinates of 4478242 mN and 333247 mE; Troy’s Pond (0.5 AF absolute and 4.5 AF
conditional), SW4 NW4, 1,527 ft. from North section line and 1,057 ft. from W section line, having UTM coordinates of
4478113 mN and 332825 mE. All structures are located in Section 31, Township 6 North, Range 85 West, of the 6th
P.M., in Routt County, Colorado, and the UTM coordinates are in Zone 13, NAD83. 6. 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: Applicant Walsh, either individually or jointly with her husband Micheal Dale
Walsh, owns the land where the water rights are located and upon which the water rights will be used. 7. Remarks:
Applicant Walsh respectfully requests the Water Court enter a decree in which it: A. adjudicates 0.01 cfs of Marlene’s
Spring as absolute for the beneficial uses of stock water, wildlife water and aesthetics; B. adjudicates 0.5 AF of Troy’s
Pond absolute for irrigation of up to 30 acres, stock water, wildlife water, aesthetics, piscatorial, and recreation; C. finds
Applicant Walsh exercised reasonable diligence in the development of the remaining conditional rights and continues
the status of the listed rights in full force and effect: i. Marlene’s Spring: 0.5 cfs for irrigation of up to 30 acres and 0.49
cfs for stock water, wildlife water and aesthetics; ii. Mickey’s Spring: 0.5 cfs for irrigation of up to 30 acres, stock water,
wildlife water and aesthetics; and iii. Troy’s Pond: 4.5 AF for irrigation of up to 30 acres, stock water, wildlife water,
aesthetics, piscatorial and recreation; D. finds Marlene’s Spring and Troy’s Pond are considered integrated for the
purpose of evaluating due diligence in future applications (see C.R.S. §37-92-301(4)(b)); and E. permits Applicant Walsh
to correct the legal descriptions of Marlene’s Spring and Troy’s Pond to reflect the locations of the developed sites and
to correct the legal description of Mickey’s Spring to reflect the preferred development site.
14CW17 GARFIELD COUNTY - White River; Douglas Brady and Geraldine Brady; c/o John R. Pierce, Dufford, Waldeck,
Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; Amended Application
for Absolute Surface Water Rights; Request for surface right: Name of structure: Brady Cabin Spring; Legal description of
point of diversion: SW¼ SE¼ of Section 4, Township 5 South, Range 101 West of the Sixth Principal Meridian, at a point
447 feet from the north section line and 2,483 feet from the east section line (Zone 13, NAD83, Easting 179811mE,
Northing 4395424mN); Source: Unnamed tributary to Brush Creek, tributary to East Douglas Creek, tributary to Douglas
Creek, tributary to the White River; Information regarding appropriation: Date of appropriation: January 5, 2012; How
appropriation was initiated: By reconnecting existing water system to head of spring; Date water applied to beneficial
use: April 12, 2012; Amount claimed: 10 gallons per minute, absolute; Uses: Domestic.
14CW3037 RIO BLANCO COUNTY, Amendment To Application For Determination Of Conditional Surface Water Rights
To Add Water Storage Right Claim District Court, Water Division 6, State of Colorado, Court Address: Routt County,
Colorado, 1955 Shields Drive, Steamboat Springs, CO 80477, Telephone: (970) 879-5020 CONCERNING THE APPLICATION
FOR WATER RIGHTS OF, Applicant: WILLIAMS FORK EAST, LLC, In, Attorneys for Applicant: Mark D. Detsky, Atty. Reg. No.
35276, Gabriella Stockmayer, Atty. Reg. No. 43770, Dietze and Davis, P.C., 2060 Broadway, Suite 400, Boulder, CO
80302, Telephone: 303 447-1375, Fax: 303 440-9036, Email: mdetsky@dietzedavis.com; gstockmayer@dietzedavis.com
1. Name, mailing address, email address and telephone number of applicants: Williams Fork East, LLC, P.O. Box 2956,
Edwards, CO 81632, Email: info@lodgesandcabins.com, Telephone: 970.926.0126, Street address: 52100 CR 8, Meeker,
CO 81641. Please send all correspondence to: Mark D. Detsky, Dietze and Davis, P.C., 2060 Broadway, Suite 400,
Boulder, CO 80302, Telephone: 303.447.1375, Email: mdetsky@dietzedavis.com. 2. Background. This amendment does
not enlarge the conditional direct flow surface water right claim made in the original application in this matter. No
additional direct flow rights are requested by this amendment. The original application, filed on December 17, 2014,
included a claim for storage before use of its direct flow surface water right. After review of the Report of the Division
Engineer, dated March 13, 2015, the Applicant determined that it will add a claim for a conditional water storage right
to its application in this matter to ensure that there was no element of speculation in its application. All matters remain
as set forth in the original application as published in the January 2015 resume for Water Division No. 6, except as
expressly set forth below: AMENDMENT TO CLAIM FOR SURFACE WATER RIGHT 3. Name of Structure: Change name of
“Egry Mesa Ditch, Third Enlargement” to “Egry Mesa Ditch, Tercer Enlargement.” 4. Use: In addition to those uses
listed at paragraph 7 of the original application, add “Fill and refill of storage, and freshening flows for storage,
CONDITIONAL.” ADD NEW CLAIM FOR WATER STORAGE RIGHT 5. Name of reservoir: Charca Pond. 6. Legal
description of location of dam centerline: The Applicant has investigated three possible alternatives for a location of the
Charca Pond. Each location is located within the non-irrigation use area described in the original application and on land
owned by the Applicant in Rio Blanco County. The legal descriptions of the three alternative locations for the centerline
of the dam are as follows:
Pond Site
Qrtr-Qrtr
Section Quarter Sect
Twnshp Range (6th PM.)
Feet from East Section Line
Feet from North Section Line Easting Northing
1
SW
NE
12
2 North 88 W 2,300 2,200 2519278
1304821
2
SW
NE
12
2 North 88 W 1,940 1,375 2519643
1305631
3
SW
NE
12
2 North 88 W 2,265 1,645 2519315
1305378
7.
Source: East Fork of Williams Fork River, tributary to Williams Fork River, tributary to the Yampa River. 8.
Point of diversion: A. Name of ditch used to fill reservoir: Egry Mesa Ditch. B. Capacity in cubic feet of water
per second (cfs): The Egry Mesa Ditch has a decreed capacity of 78.47 cfs. C. Legal description of point of diversion:
The headgate of the Egry Mesa Ditch is located in the SE ¼ of the SW ¼ of Section 12, Township 2 North, Range 88 West
of the 6th P.M., at a point approximately 390 feet from the south section line and 1605 feet from the west section line,
in Rio Blanco County, Colorado. Location information in UTM format:
UTM coordinates, Northing: 4446777, Easting 310485.9, Zone 13, Source: CDSS database. 9. A. Date of appropriation:
December 17, 2014. B. How appropriation was initiated: By formation of the intent to appropriate and the filing of the
application indicating storage as a potential use of water associated with this application and appropriate notice. C.
Date water applied to beneficial use: N/A. D. Remarks. The Applicant claims a 2014 priority relating back to the filing of
the original application in this matter on December 17, 2014. 10. Amount claimed: A. In acre feet: 15 AF,
CONDITIONAL, with right to fill and refill in priority. B. Rate of diversion in cubic feet per second: 1.0 cfs, CONDITIONAL.
Note that this 1.0 cfs is included in, and not in addition to, the 4.0 cfs CONDITIONAL direct flow right claimed in the
original application in this matter. 11. Uses: Irrigation, Stockwatering, Hydropower Generation, Aesthetic, Piscatorial,
Commercial, Wildlife, Storage, Recreation, Freshening Flows, and Fire Protection. A. Number of acres historically
irrigated: Approximately 392 acres have been previously decreed for irrigation under existing decrees for the Egry Mesa
Ditch. The Applicant does not intend to use this water right to supplement irrigation on an area of land already irrigated
under another water right. B. Acres proposed to be irrigated under this application: 35. I. Description of irrigated
acreage. The proposed irrigated acreage is owned by the Applicant in Section 12, Township 2 North, Range 88 West of
the 6th P.M. Please see the Map attached as EXHIBIT A which marks on a legible 8 ½ x 11 inch copy of the applicable
portion of a USGS topographic map the location of 42 acres that are able to be irrigated on the Applicant’s property, of
which no more than 35 acres will be irrigated. C. Description of non-irrigation purposes: Applicants intend to use water
for stock watering purposes, hydropower electric generation, vehicle washing, and for uses associated with recreation,
including but not limited to fishing, hunting, wildlife, and aesthetic purposes. Storage before application to beneficial
use may improve irrigation efficiency. The storage right will also be used for aesthetic, recreational, piscatorial, or
wildlife purposes, or associated with hydropower development. The location of such non-irrigation facilities will be
within the area marked on the map attached as EXHIBIT A. I. Description of place of use for non-irrigated uses: Please
see the Map attached as EXHIBIT A which marks the location of the place of use for potential non-irrigated uses under
this application on a legible 8 ½ x 11 inch copy of the applicable portion of a USGS topographic map. 12. Surface area of
high water line: 1.25 acres. A. Vertical height of dam in feet: ≤ 10 feet. B. Length of dam in feet: Approximately 400
feet. 13. Total capacity of reservoir in acre feet: 15 AF. A. Active capacity: 10 AF. B. Dead storage: 5 AF. 14. Names
and addresses of owners or reputed owners of the land upon which any new or existing diversion or storage structure,
or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be
stored, including any modification to the existing storage pool. Name of Owner: United States Forest Service is the
owner of the property upon which Egry Mesa Ditch headgate is located. Mailing Address: Attn: Keesha Cary, 300
Roselawn Ave, PO Box 7, Yampa, CO 80483. The Applicant is the owner of the property on which the storage vessel will
be located. WHEREFORE, the Applicant requests that the Court enter an order confirming and adjudicating the water
rights claimed herein, and for any other relief which the Court deems proper.
14CW3038, ROUTT COUNTY First Amended Application for Surface Water Rights and Water Storage Rights. 1. Name,
address and telephone number of Applicant: Colorado State Board of Land Commissioners (“Land Board”), 1127
Sherman Street, Suite 300, Denver, Colorado, 80203, Telephone: (303) 866 – 3454. Please address all future
correspondence and pleadings to: Jennifer Mele, Senior Assistant Attorney General and Virginia Sciabbarrasi, Assistant
Attorney General, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6282 (Mele) and (720) 508-6253
(Sciabbarrasi). 2. Name of Structure: Cattails Pond No. 1. A. Legal Description: Aliquot: UTM: 13T 312542mE,
4480124mN; approximately 1959 feet from the North section line, 2436 feet from the West section line in the SE ¼ of
the NW ¼, Section 25, Township 6 North, Range 88 West, of the 6th P.M., Routt County, Colorado. B. Source: Cattails
Spring, Unnamed tributary to Sage Creek, tributary to the Yampa River. C. Information about the appropriation: i. Date
of initiation of appropriation: September 4, 2014. ii. How appropriation was initiated: Resolution by the Land Board in
an open meeting September 4, 2014. iii. Date water was put to beneficial use: June 17, 1997. D. Amount Claimed: 0.2
acre-feet, absolute, with the right to fill and one re-fill. E. Use of the Water: Stock watering and wildlife, by the Land
Board or its lessees. F. Surface area of high water line: 0.149 acres. i. vertical height of dam: 3.5’ ii. length of dam:
69’9” G. Total capacity of reservoir: 0.2 acre-feet, all dead storage. 3. Name of Structure: Cattails Pond No. 2 . A. Legal
Description: Aliquot: UTM: 13T 312560mE, 4480143mN; approximately 1895 feet from the North section line, 2493
feet from the West section line in the SE ¼ of the NW ¼, Section 25, Township 6 North, Range 88 West, of the 6th P.M.,
Routt County, Colorado. B. Source: Unnamed tributary to Sage Creek, tributary to the Yampa River, Cattails Spring and
seep and overflow from Cattails Pond No. 1. C. Information about the appropriation: i. Date of initiation of
appropriation: September 4, 2014. ii. How appropriation was initiated: Resolution by the Land Board in an open
meeting September 4, 2014 and the filing of the application. iii. Date water was put to beneficial use: June 17, 1997 D.
Amount Claimed: 0.003 acre-feet, absolute, with the right to fill and one re-fill. E. Use of the Water: Stock watering
and wildlife, by the Land Board or its lessees. F. Surface area of high water line: 0.25 acres. G. Total capacity of
reservoir: 0.003 acre-feet, all dead storage. 4. Name of Structure: Two Deer Pond. A. Legal Description: Aliquot: UTM:
13T 312274mE, 4479714mN. 2007 feet from the South section line, 1622 feet from the West section line in the NE ¼ of
the SW ¼, Section 25, Township 6 North, Range 88 West, of the 6th P.M., Routt County, Colorado. B. Source: Unnamed
tributary to Dry Creek, tributary to the Yampa River. C. Information about the appropriation: i. Date of initiation of
appropriation: September 4, 2014. ii. How appropriation was initiated: Resolution by the Land Board in an open
meeting September 4, 2014. iii. Date water was put to beneficial use: December 31, 2003. D. Amount Claimed: 0.128
acre-feet, absolute, with the right to fill and one re-fill. E. Use of the Water: Stock watering and wildlife, by the Land
Board or its lessees. F. Surface area of high water line: 0.067 acres. i. vertical height of dam: 4.8’. ii. length of dam:
56’8”. G. Total capacity of reservoir: 0.128 acre-feet, all dead storage. 5. Name of Structure: Pastinaca Pond . A. Legal
Description: Aliquot: UTM: 13T 312112mE, 4479380mN; 900 feet from the South section line, 1166 feet from the
West section line in the NE ¼ of the SW ¼ of the SW ¼, Section 25, Township 6 North, Range 88 West, of the 6th P.M.,
Routt County, Colorado. B. Source: Pastinaca Spring, Unnamed tributary to Dry Creek, tributary to the Yampa River. C.
Information about the appropriation: i. Date of initiation of appropriation: September 4, 2014. ii.How appropriation was
initiated: Resolution by the Land Board in an open meeting September 4, 2014. iii. Date water was put to beneficial
use: December 31, 2003. D. Amount Claimed: 0.184 acre-feet, absolute, with the right to fill and one re-fill. E. Use of
the Water: Stock watering and wildlife, by the Land Board or its lessees. F. Surface area of high water line: 0.09 acres.
i.vertical height of dam: 5.1’. ii. length of dam: 98’7” G. Total capacity of reservoir: 0.184 acre-feet, all dead storage. 6.
Name of Structure: East Pastinaca Pond. A. Legal Description: Aliquot: UTM: 13T 312240mE, 4479370mN; 877 feet
from the South section line, 1587 feet from the West section line in the NW ¼ of the SE ¼ of the SW ¼, Section 25,
Township 6 North, Range 88 West, of the 6th P.M., Routt County, Colorado. B. Source: East Pastinaca Spring, Unnamed
tributary to Dry Creek, tributary to the Yampa River. C. Information about the appropriation: i. Date of initiation of
appropriation: September 4, 2014. ii.How appropriation was initiated: Resolution by the Land Board in an open
meeting September 4, 2014. iii. Date water was put to beneficial use: December 31, 2003. D. Amount Claimed: 0.09
acre-feet, absolute, with the right to fill and one re-fill. E. Use of the Water: Stock watering and wildlife, by the Land
Board or its lessees. F. Surface area of high water line: 0.05 acres. i. vertical height of dam: 4.5’. ii. length of dam: 56’8”
G. Total capacity of reservoir: 0.09 acre-feet, all dead storage. 7. Name of Structure: Cervo Pond . A. Legal Description:
Aliquot: UTM: 13T 311890mE, 4480573mN; 570 feet from the North section line, 252 feet from the West section line in
the NW ¼ of the NW ¼ of the NW ¼, Section 25, Township 6 North, Range 88 West, of the 6th P.M., Routt County,
Colorado. B. Source: Unnamed tributary to Dry Creek, tributary to the Yampa River. C. Information about the
appropriation: i. Date of initiation of appropriation: September 4, 2014. ii. How appropriation was initiated: Resolution
by the Land Board in an open meeting September 4, 2014. iii. Date water was put to beneficial use: December 31, 2003.
D. Amount Claimed: 0.0462 acre-feet, absolute, with the right to fill and one re-fill. E. Use of the Water: Stock watering
and wildlife, by the Land Board or its lessees. F. Surface area of high water line: 0.033 acres. i. vertical height of dam:
3.5’. ii. length of dam: 35’8” G. Total capacity of reservoir: 0.0462 acre-feet, all dead storage. 8. Name of Structure:
Rifleshot Pond. A. Legal Description: Aliquot: UTM: 13T 311850mE, 4480735mN; 44 feet from the North section line,
105 feet from the West section line in the NW ¼ of the NW ¼ of the NW ¼, Section 25, Township 6 North, Range 88
West, of the 6th P.M., Routt County, Colorado. B. Source: Rifleshot Spring, Unnamed tributary to Dry Creek, tributary to
the Yampa River. C. Information about the appropriation: i. Date of initiation of appropriation: September 4, 2014.
ii.How appropriation was initiated: Resolution by the Land Board in an open meeting September 4, 2014. iii.Date water
was put to beneficial use: December 31, 2003. D. Amount Claimed: 0.079 acre-feet, absolute, with the right to fill and
one re-fill. E. Use of the Water: Stock watering and wildlife, by the Land Board or its lessees. F. Surface area of high
water line: 0.079 acres i. vertical height of dam: 2.5’ ii. length of dam: 74’ G. Total capacity of reservoir: 0.079 acrefeet, all dead storage. 9. Name of Structure: Valley Pond A. Legal Description: Aliquot: UTM: 13T 312228mE,
4480345mN; 1275 feet from the North section line, 1384 feet from the West section line in the SW ¼ of the NE ¼ of the
NW ¼, Section 25, Township 6 North, Range 88 West, of the 6th P.M., Routt County, Colorado. B. Source: Unnamed
tributary to Dry Creek, tributary to the Yampa River. C. Information about the appropriation: i. Date of initiation of
appropriation: September 4, 2014. ii.How appropriation was initiated: Resolution by the Land Board in an open
meeting September 4, 2014. iii. Date water was put to beneficial use: December 31, 2003 D. Amount Claimed: 0.0312
acre-feet, absolute, with the right to fill and one re-fill. E. Use of the Water: Stock watering and wildlife, by the Land
Board or its lessees. F. Surface area of high water line: 0.039 acres. i. vertical height of dam: 2’ ii. length of dam: 47.5’.
G. Total capacity of reservoir: 0.0312 acre-feet, all dead storage. 10. Name of Structure: Cattails Spring . A. Legal
Description: Aliquot: UTM: 13T 312532 4480114; 1994 feet from the North section line and 2398 feet from the West
section line in the SE ¼ of the NW ¼, Section 25, Township 6 North, Range 88 West, of the 6th P.M., Routt County,
Colorado. B. Source: Unnamed tributary to Sage Creek, tributary to the Yampa River. C. Information about the
appropriation: i. Date of initiation of appropriation: September 4, 2014. ii. How appropriation was initiated: Resolution
by the Land Board in an open meeting September 4, 2014 and the filing of the application. iii. Date water was put to
beneficial use: June 17, 1997. D. Amount Claimed: 15 gpm, absolute. E. Use of the Water: Stock watering and wildlife,
by the Land Board or its lessees. 11. Name of Structure: Pastinaca Spring A. Legal Description: Aliquot: UTM: 13T
312126 4479373, 878 feet from the South Section line and 1212 feet from the West Section line in theNW ¼ of the SW ¼
of the SW¼, Section 25, Township 6 North, Range 88 West, of the 6th P.M., Routt County, Colorado. B. Source:
Unnamed tributary to Dry Creek, tributary to the Yampa River. C. Information about the appropriation: i. Date of
initiation of appropriation: September 4, 2014. ii. How appropriation was initiated: Resolution by the Land Board in an
open meeting September 4, 2014 and the filing of the application. iii. Date water was put to beneficial use: December
31, 2003. D. Amount Claimed: 15 gpm, absolute E. Use of the Water: Stock watering and wildlife, by the Land Board or
its lessees. 12. Name of Structure: East Pastinaca Spring. A. Legal Description: Aliquot: UTM: 13T 312259 4479368, 872
feet from the South Section line and 1653 feet from the West Section line in the NW ¼ of the SE ¼ of the SW ¼, Section
25, Township 6 North, Range 88 West, of the 6th P.M., Routt County, Colorado. B. Source: Unnamed tributary to Dry
Creek, tributary to the Yampa River. C. Information about the appropriation: i. Date of initiation of appropriation:
September 4, 2014. ii. How appropriation was initiated: Resolution by the Land Board in an open meeting September
4, 2014 and the filing of the application. iii. Date water was put to beneficial use: December 31, 2003. D. Amount
Claimed: 15 gpm, absolute. E. Use of the Water: Stock watering and wildlife, by the Land Board or its lessees. 13.
Name of Structure: Rifleshot Spring. A. Legal Description: Aliquot: UTM: 13T 311850 4480735; 44 feet from the North
Section line and 105 feet from the West Section line in the NW ¼ of the NW ¼ of the NW ¼, Section 25, Township 6
North, Range 88 West, of the 6th P.M., Routt County, Colorado. B. Source: Unnamed tributary to Dry Creek, tributary to
the Yampa River. C. Information about the appropriation: i. Date of initiation of appropriation: September 4, 2014. ii.
How appropriation was initiated: Resolution by the Land Board in an open meeting September 4, 2014 and the filing of
the application. iii. Date water was put to beneficial use: December 31, 2003. D. Amount Claimed: 15 gpm, absolute.
E. Use of the Water: Stock watering and wildlife, by the Land Board or its lessees. 14. Name of Structure: Running
Spring A. Legal Description: Aliquot: UTM: 13T 312079 4480292, 1467 feet from the North section line and 901 feet
from the West section line in the NE ¼ of the SW ¼ of the NW ¼, Section 25, Township 6 North, Range 88 West, of the
6th P.M., Routt County, Colorado. B. Source: Unnamed tributary to Dry Creek, tributary to the Yampa River. C.
Information about the appropriation: i. Date of initiation of appropriation: September 4, 2014. ii. How appropriation
was initiated: Resolution by the Land Board in an open meeting September 4, 2014 and the filing of the application. iii.
Date water was put to beneficial use: December 31, 2003. D. Amount Claimed: 15 gpm, absolute . E. Use of the Water:
Stock watering and wildlife, by the Land Board or its lessees. 15. Names and addresses of owners of land on which
structures are located or proposed to be located: Colorado State Board of Land Commissioners, 1127 Sherman Street,
Suite 300, Denver, CO 80203. 16. Remarks: The ponds claimed herein that have associated springs are fed both by a
spring and fill during spring run-off. The springs with associated ponds are claimed in the same locations as the ponds
and as the source of the water for that pond. Ponds claimed herein that do not have associated springs are filled during
spring runoff and tend to not have water late in the summer. The structures for all claimed rights are depicted on the
map attached as Exhibit A to the Application. WHEREFORE, the Land Board requests that the Court enter a decree
approving the water rights requested.
You are hereby notified that you will have until the last day of JULY, 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/ Sharon Martin
Deputy Court Clerk