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, 2015.
2010CW081, ROUTT COUNTY, Dry Fork, tributary to Trout Creek, tributary to Yampa River.
Fifth Application (Fourth Amended) for Absolute and Conditional Surface and Storage Rights.
Name, mailing address, email address, telephone number of applicant: William Dale Appel and
Rebecca Appel, 25455 RCR 43 Steamboat Springs, CO 80487, dbappel@wildblue.net,
970.879.3050. Direct all pleadings and court-related documents to Claire E. Sollars, Esq., P.O.
Box 881302 Steamboat Springs, CO 80488, Claire.Sollars@hughes.net, 970.757.2713.
Structures: Applicants seek water rights for 21 springs and 12 storage structures Legal
Descriptions (PLSS and UTM Coordinates (not averaged)): All structures are located in
Township 6 North Range 85 West, of the 6th P.M., in Routt County, and are depicted on the filed
maps. The following UTM coordinates (Zone 13, NAD83) and PLSS legal descriptions were
determined with the use of a hand-held Garmin (GPS) device or through use of “AquaMap”
database, maintained by the Division of Water Resources. A. Points of Diversion of Surface
Structures: Blackmere Pasture Spring #1 - SE¼ NE¼ of Section 31, 1917 ft. from N section line
and 753 from E section line, 4477938 mN and 333855 mE; Appel Spring #1 - SE¼ NW¼ of
Section 32, 1588 ft. from N section line and 1675 ft. from W section line, 4478023 mN and
334600 mE; Divide Spring #1 - SE¼ NW¼ of Section 32, 1401 ft. from N section line and 1633
ft. from W section line, 4478080 mN and 334590 mE; Bull Pasture Spring #1 - SE¼ SW¼ of
Section 32, 65 ft. from S section line and 1367 ft. from W section line, 4476907 mN and 334451
mE; Bull Pasture Spring #2 - SE¼ SW¼ of Section 32, 601 ft. from S section line and 1770 ft.
from W section line, 4477070 mN and 334582 mE; Meadow Spring #1 - SE¼ SW¼ of Section
32, 939 ft. from S section line and 2530 ft. from W section line, 4477172 mN and 334819 mE;
Calving Pasture Spring #1 - NW¼ SE¼ of Section 32, 1903 ft. from S section line and 2071 ft.
from E section line, 4477465 mN and 335014 mE; Calving Pasture Spring #2 - NW¼ SE¼ of
Section 32, 1945 ft. from S section line and 1647 ft. from E section line, 4477477 mN and
335144 mE; Hog Lot Spring #1 - NW¼ SE¼ of Section 32, 2496 ft. from S section line and
2328 ft. from E section line, 4477646 mN and 334942 mE; Hog Lot Spring #2 - SW¼ NE¼ of
Section 32, 2529 ft. from N section line and 2547 ft. from W section line, 4477735 mN and
334852 mE; Hog Lot Spring #3 - SE¼ NW¼ of Section 32, 2329 ft. from N section line and
2327 ft. from W section line, 4477796 mN and 334788 mE; Middle Pasture Spring #3 - SE¼
NE¼ of Section 32, 2275 ft. from N section line and 1110 ft. from E section line, 4477810 mN
and 335319 mE; Middle Pasture Spring #4 - SE¼ NE¼ of Section 32, 2177 ft. from N section
line and 924 ft. from E section line, 4477840 mN and 335377 mE; Middle Pasture Spring #5 SE¼ NE¼ of Section 32, 2085 ft. from N section line and 748 ft. from E section line, 4477868
mN and 335431 mE; Middle Pasture Spring #6 - SE¼ NE¼ of Section 32, 2030 ft. from N
section line and 649 ft. from E section line, 4477884 mN and 335462 mE; Upper Pasture Spring
#1 - SW¼ NW¼ of Section 33, 1905 ft. from N section line and 549 ft. from W section line,
4477922 mN and 335829 mE; Upper Pasture Spring #2 - SW¼ NW¼ of Section 33, 1738 ft.
from N section line and 1112 ft. from W section line, 4477973 mN and 336002 mE; Upper
Pasture Spring #3 - SE¼ NW¼ of Section 33, 1686 ft. from N section line and 1355 ft. from W
section line, 4477989 mN and 336077 mE; Upper Pasture Spring #4 - SE¼ NW¼ of Section 33,
1680 ft. from N section line and 1567 ft. from W section line, 4477991 mN and 336142 mE;
Upper Pasture Spring #5 - SE¼ NW¼ of Section 33, 1656 ft. from N section line and 1784 ft.
from W section line, 4477998 mN and 336208 mE; Upper Pasture Spring #6 - SE¼ NW¼ of
Section 33, 1638 ft. from N section line and 1883 ft. from W section line, 4478004 mN and
336238 mE. B. Dam Centerlines of Storage Structures: Appel Pond #1 - SW¼ NW¼ of Section
32, 1384 ft. from N section line and 943 ft. from W section line, 4478086 mN and 334380 mE;
Horse Pasture Pond #1 - NE¼ SW¼ of Section 32, 1829 ft. from S section line and 2551 ft. from
W section line, 4477443 mN and 334839 mE; Meadow Pond #2 - NW¼ SE¼ of Section 32,
1328 ft. from S section line and 2347 ft. from E section line, 4477290 mN and 334924 mE;
Calving Pasture Pond #1 - NW¼ SE¼ of Section 32, 1943 ft. from S section line and 2119 ft.
from E section line, 4477477 mN and 335000 mE; Hog Lot Pond #1 - SW¼ NE¼ of Section 32,
2649 ft. from N section line and 2465 ft. from E section line, 4477698 mN and 334902 mE; Hog
Lot Pond #3 - SE¼ NW¼ of Section 32, 2303 ft. from N section line and 2316 ft. from W
section line, 4477804 mN and 334785 mE; Middle Pasture Pond #1 - SW¼ NE¼ of Section 32,
2602 ft. from N section line and 1789 ft. from E section line, 4477711 mN and 335108 mE;
Middle Pasture Pond #2 - SW¼ NE¼ of Section 32, 2494 ft. from N section line and 1525 ft.
from E section line, 4477744 mN and 335190 mE; Middle Pasture Pond #7 - SE¼ NE¼ of
Section 32, 2002 ft. from N section line and 592 ft. from E section line, 4477893 mN and 335480
mE; Middle Pasture Pond #8 - SE¼ NE¼ of Section 32, 1969 ft. from N section line and 517 ft.
from E section line, 4477903 mN and 335503 mE; Upper Pasture Pond #5 - SE¼ NW¼ of
Section 33, 1660 ft. from N section line and 1772 ft. from W section line, 4477997 mN and
336204 mE; Upper Pasture Pond #7 - NW¼ NE¼ of Section 33, 862 ft. from N section line and
1348 ft. from E section line, 4478241 mN and 336847 mE. Source of Water: A. Surface
Structures: Blackmere Pasture Spring #1 - unnamed tributary located west of and tributary to Dry
Fork, tributary to Trout Creek, tributary to Yampa River; Divide Spring #1 - unnamed tributary
located east of and tributary to Dry Fork, tributary to Trout Creek, tributary to Yampa River;
Bull Pasture Spring #1, Bull Pasture Spring #2, Meadow Spring #1 - unnamed tributary located
west of and tributary to Dry Fork, tributary to Trout Creek, tributary to Yampa River; Appel
Spring #1, Hog Lot Springs #1, #2, and #3, Calving Pasture Spring #1 - Dry Fork, tributary to
Trout Creek, tributary to Yampa River; Calving Pasture Spring #2 - unnamed tributary located
east of and tributary to Dry Fork, tributary to Trout Creek, tributary to Yampa River; Middle
Pasture Springs #3, #4, #5 and #6 and Upper Pasture Springs #1, #2, #3, #4, #5 and #6 unnamed tributary located east of and tributary to Dry Fork, tributary to Trout Creek, tributary to
Yampa River. B.
Storage Structures: The twelve (12) storage structures are located onchannel and derive flow from surface run-off or springs or a combination of run-off and springs:
Appel Pond #1, Hog Lot Ponds #1 and #3, Calving Pasture Pond #1, Meadow Pond #2 - Dry
Fork, tributary to Trout Creek, tributary to Yampa River; Horse Pasture Pond #1 - unnamed
tributary located west of and tributary to Dry Fork, tributary to Trout Creek, tributary to Yampa
River; Middle Pasture Ponds #1, #2, #7, and #8; Upper Pasture Ponds #5 and #7 - unnamed
tributary located east of and tributary to Dry Fork, tributary to Trout Creek, tributary to Yampa
River. If Reservoirs are filled from a Ditch, Name, Capacity and Legal Description of Point of
Diversion: N/A. Appropriation and Beneficial Use: A. Dates and Methodologies of
Appropriation: i. Surface Structures: Blackmere Pasture Spring #1, Calving Pasture Springs #1
and #2, Hog Lot Springs #1, #2, and #3: June 1, 1994 by purchasing property and using water for
livestock and wildlife watering. Bull Pasture Spring #1, Bull Pasture Spring #2, Meadow Spring
#1: January 1, 1981 by purchasing property and using water for livestock and wildlife watering.
Divide Spring, Appel Spring #1, Middle Pasture Springs #3, #4, #5, and #6, Upper Pasture
Springs #1, #2, #3, #4, #5, and #6; November 15, 1998 by purchasing property and using water
for livestock and wildlife watering. ii. Storage Structures: Calving Pasture Pond #1, Hog Lot
Ponds #1 and #3: June 1, 1994 by purchasing property and using water for livestock and wildlife
watering. Horse Pasture Pond #1 and Meadow Pond #2: January 1, 1981 by purchasing property
and using water for livestock and wildlife watering. Appel Pond #1, Middle Pasture Ponds #1,
#2, #7 and 8, Upper Pasture Ponds #5 and #7: November 15, 1998 by purchasing property and
using water for livestock and wildlife watering. Dates Water Applied to Beneficial Use: same as
dates of appropriation. Amounts Claimed and Uses: A. Surface Structures: Blackmere Pasture
Spring #1 – absolute: 0.022 cfs, conditional: 0.011 cfs, uses: livestock and wildlife watering;
Appel Spring #1 - absolute: 0.011 cfs, conditional: 0.023 cfs, uses: livestock, wildlife watering,
freshening flows; Divide Spring #1 – conditional: 0.045 cfs, uses: livestock, wildlife watering,
freshening flows; Bull Pasture Spring #1 – absolute: 0.011 cfs, conditional: 0.022 cfs, uses:
livestock, wildlife watering; Bull Pasture Spring #2 - absolute: 0.011 cfs, conditional: 0.022 cfs,
uses: livestock, wildlife watering; Meadow Spring #1 - absolute: 0.011 cfs, conditional: 0.022
cfs, uses: livestock, wildlife watering; Calving Pasture Spring #1 - absolute: 0.033 cfs, uses:
livestock, wildlife watering, freshening flows; Calving Pasture Spring #2 - absolute: 0.033 cfs,
uses: domestic, livestock, wildlife watering, freshening flows; Hog Lot Spring #1 - absolute:
0.033 cfs, uses: livestock, wildlife watering, freshening flows; Hog Lot Spring #2 - absolute:
0.011 cfs, conditional: 0.022 cfs, uses: livestock, wildlife watering, freshening flows; Hog Lot
Spring #3 -absolute: 0.011 cfs, conditional: 0.022 cfs, uses: livestock, wildlife watering,
freshening flows; Middle Pasture Spring #3 - absolute: 0.011 cfs, conditional: 0.022 cfs, uses:
livestock, wildlife watering; Middle Pasture Spring #4 - absolute: 0.011 cfs, conditional: 0.022
cfs, uses: livestock, wildlife watering; Middle Pasture Spring #5 - absolute: 0.011 cfs,
conditional: 0.022 cfs, uses: livestock, wildlife watering; Middle Pasture Spring #6 - absolute:
0.004 cfs, conditional: 0.016 cfs, uses: livestock, wildlife watering; Upper Pasture Spring #1 absolute: 0.022 cfs, conditional: 0.011 cfs, uses: livestock, wildlife watering; Upper Pasture
Spring #2 - absolute: 0.004 cfs, conditional: 0.018 cfs, uses: livestock, wildlife watering; Upper
Pasture Spring #3 absolute: 0.011 cfs, conditional: 0.011 cfs, uses: livestock, wildlife watering;
Upper Pasture Spring #4 - absolute: 0.004 cfs, conditional: 0.018 cfs, uses: livestock, wildlife
watering; Upper Pasture Spring #5 - absolute: 0.022 cfs, conditional: 0.011 cfs, uses: livestock,
wildlife watering, freshening flows; Upper Pasture Spring #6 absolute: 0.011 cfs conditional:
0.022 cfs uses: livestock, wildlife watering. B. Storage Structures: Appel Pond #1 - absolute: 6.0
AF, conditional: 12.0 AF, uses: livestock, wildlife watering, recreation, piscatorial, proposed
uses: irrigation, augmentation; Meadow Pond #2 - absolute: 0.4 AF, conditional: 0.6 AF, uses:
livestock, wildlife watering; Horse Pasture Pond #1 - absolute: 0.2 AF, conditional: 0.8 AF, uses:
livestock, wildlife watering; Calving Pasture Pond #1 - absolute: 3.6 AF, conditional: 3.4 AF,
uses: livestock, wildlife watering, recreation, proposed uses: augmentation; Hog Lot Pond #1 absolute: 20.1 AF, conditional: 19.9 AF, uses: livestock, wildlife watering, irrigation, recreation,
piscatorial, proposed uses: augmentation; Hog Lot Pond #3 - absolute: 0.5 AF, conditional: 16.5
AF, uses: livestock, wildlife watering, recreation, proposed uses: piscatorial, irrigation,
augmentation; Middle Pasture Pond #1 - absolute: 1.0 AF, conditional: 2.0 AF, uses: livestock,
wildlife watering; Middle Pasture Pond #2 - absolute: 0.2 AF, conditional: 0.8 AF, uses:
livestock, wildlife watering; Middle Pasture Pond #7 - absolute: 0.3 AF, conditional: 1.7 AF,
uses: livestock, wildlife watering; Middle Pasture Pond #8 - absolute: 0.3 AF, conditional: 1.7
AF, uses: livestock, wildlife watering; Upper Pasture Pond #5 - absolute: 0.4 AF, conditional:
1.6 AF, uses: livestock, wildlife watering; Upper Pasture Pond #7 - conditional: 6.0 AF,
proposed uses: livestock, wildlife watering, recreation. Additionally, Applicants request the
right to fill and continuously refill Appel Pond #1, Calving Pasture #1, Hog Lot Pond #1 and
Hog Lot Pond #3 when those ponds are in priority. C. If Irrigation Use: i. Acreage Historically
Irrigated: approximately 36 acres using water from Hog Lot Pond #1. Acreage Proposed to be
Irrigated: approximately 36 acres using water from Hog Lot Pond #3 as a supplemental water
source for Hog Lot Pond #1; approximately 20 acres using water from Appel Pond #1.
Applicants will continue to use a portable pump system to move water from the ponds to the
irrigation acreage. ii. Legal Description of Acreage: Portions of Section 32, Township 6 North,
Range 85 West of the 6th Prime Meridian, as depicted on the filed map. D. If Non-Irrigation,
Full Description of Uses: Applicants use all structures for livestock and wildlife watering. Appel
Spring, Calving Pasture Spring #1, Calving Pasture Spring #2, Hog Lot Spring #1, Hog Lot
Spring #2, Hog Lot Spring #3, and Upper Pasture Spring #5 are used to provide freshening flows
to ponds located at or below the named spring site. Calving Pasture Spring #2 is used for
domestic purposes at the ranch headquarters. Appel Pond #1, Hog Lot Pond #1, Hog Lot Pond
#3, and Calving Pasture Pond #1 are used for recreation (wildlife and avian viewing, winter
recreation) and fire protection. These four (4) ponds will be used for augmentation (to replace
out-of-priority depletions associated with Applicants’ irrigation and stockwater use and to
maintain storage capacities in ponds used for piscatorial and other uses). Applicants request the
right to fill and continuously refill Appel Pond #1, Hog Lot Pond #1 and Hog Lot Pond #3 when
in priority to maintain piscatorial habitat, provide water for irrigation and year-round livestock
use and store water for augmentation, and to fill and continuously refill Calving Pasture Pond #1
when in priority to provide water for year-round livestock use and store water for augmentation
use. Surface Area of High Water Line, Vertical Height of Dam (Excavation Depth), Length of
Dam, and Total Capacity of Reservoirs (active and dead storage): All construction was or will
be accomplished primarily by excavation and all storage is dead storage. Appel Pond #1 –
surface area: 1.0 ac., depth: 12.0 ft., dam length: 480 ft., total capacity: 18.0 AF; Meadow Pond
#2 - surface area: 0.1 ac., depth: 5.0 ft., dam length: 175 ft., total capacity: 1.0 AF; Horse Pasture
Pond #1 - surface area: 0.05 ac., depth: 5.0 ft., dam length: 180 ft., total capacity: 1.0 AF;
Calving Pasture Pond #1 - surface area: 0.5 ac., depth: 7.0 ft., dam length: 300 ft., total capacity:
7.0 AF; Hog Lot Pond #1 - surface area: 2.5 ac., depth: 17.0 ft., dam length: 750 ft., total
capacity: 40.0 AF; Hog Lot Pond #3 - surface area: 0.1 ac., depth: 12.0 ft., dam length: 300 ft.,
total capacity: 17.0 AF; Middle Pasture Pond #1 - surface area: 0.15 ac., depth: 11.0 ft., dam
length: 120 ft., total capacity: 3.0 AF; Middle Pasture Pond #2 - surface area: 0.05 ac., depth: 5.0
ft., dam length: 54 ft., total capacity: 1.0 AF; Middle Pasture Pond #7 - surface area: 0.1 ac.,
depth: 5.0 ft., dam length: 54 ft., total capacity: 2.0 AF; Middle Pasture Pond #8 - surface area:
0.1 ac., depth: 5.0 ft., dam length: 78 ft., total capacity: 2.0 AF; Upper Pasture Pond #5 - surface
area: 0.1 ac., depth: 6.0 ft., dam length: 66 ft., total capacity: 2.0 AF; Upper Pasture Pond #7 surface area: 0.5 ac., depth: 11.0 ft., dam length: 120 ft., total capacity: 5.0 AF. Names and
addresses of owners or reputed owners of the land upon which any new diversion or storage
structure, or modification to any existing diversion or storage structure is or will be constructed
or upon which water is or will be stored, including any modification to the existing storage pool:
Applicants own the land upon which all the structures have been or will be developed,
constructed or enlarged, and where water has been or will be used or applied. Remarks or Other
Pertinent Information: This Amended Application clarifies Applicants’ claims for surface and
storage rights by changing some previously-claimed storage structures as developed springs.
With this Amended Application, Applicants also request the additional use of augmentation for
some of the ponds and claim new storage rights for Meadow Pond #2; Applicants understand
these new rights will be administered as having a 2015 priority. For purposes of establishing
future findings of reasonable diligence concerning the conditional rights sought herein,
Applicants claim structures located within the same drainage are integrated. See C.R.S. §37-92301(4)(b)). Applicants’ maps showing locations of structures and areas of irrigation are filed
with the Water Court of Water Division VI.
2014CW19 Routt County, Application for Absolute Water Storage Right; Applicant: Peabody
Sage Creek Holdings, LLC, PO Box 250, 36600 RCR 27, Hayden, CO 81639, 970-276-7003;
Structure: Pond 12A; UTM Coordinates: Northing-4472371.35, Easting-314195.3, Zone 13;
RCR #37; UTM Source and accuracy: digitized from photo in ArcGIS, 6 ft; Legal: Routt
County, NW4, NE4, S19, T5N, R87W, 6 PM; Distance from section line: 850 ft, North and
2,035 ft East; PLSS: USGS Quadrangle-ArcGIS; RCR 37; Source: Ephemeral tributary to Sage
Creek, tributary to the Yampa River; Appropriation Date: August, 2008; Constructed as a runoff
control structure at a reclaimed surface mine site; Applied to beneficial use: Spring, 2009;
Amount claimed, absolute:6.28 acre ft; Use: livestock watering and wildlife habitat; Pond
designed as a sediment control structure associated with surface coal mining. Long-term, postmine land use is for livestock watering and wildlife habitat as specified in the approved
reclamation plan of the Yoast Mining Permit (C-1994-082); High water line surface are: 0.92
acres; Vertical dam ht: 10 ft, Length of Dam: 15 ft; Total capacity of reservoir: 6.28 acre ft,
active capacity: 1.05 ac ft; Dead storage: 5.74 ac ft; Landowner: Applicant.
2015CW1 Routt County, Application for Finding of Reasonable Diligence; Applicant: Jess
Riele, PO Box 772410, Steamboat Springs, CO 80477, 970-846-2315; Structure: Simillion
Spring #1, Original Decree Date: 02/04/2009, Case #05CW68, Routt County; Legal Description:
NW4, SE4, S33, T6N, R85W, 6 PM, Routt County, CO; Distance from section line: 1864 ft E
and 1340 ft S; Source: Unnamed tributary to Trout Creek, tributary to Yampa River;
Appropriation Date: 06/01/2005; Appropriation Amount: 5.0 acre ft conditional; Use: Fire
protection, domestic, livestock, wildlife watering, piscatorial, aesthetic, recreational for fill and
re-fill when in priority; Plan to develop spring in 2015 for domestic, livestock, and wildlife uses;
Structure: Simillion Pond #1; Legal description: NW4, NW4, S4, T5N, R85W, 6PM, Routt
County, CO; Distance from section line: 620 ft W and 150 ft from N; Source: Unnamed tributary
to Trout Creek, tributary to Yampa River; Appropriation Date: 06/01/2005; Amount: 5.0 af
conditional; Use: Fire protection, domestic, livestock, wildlife watering, piscatorial, aesthetic,
recreation for fill and re-fill when in priority; Pond purchased in June and plan on building pond
in 2015; Landowner: Applicant. Map filed with court.
2015CW2, Routt County Application for absolute water storage right and conditional water
storage right. Applicant: Wayne Jacobsen, 73 La Perla, Foothill Ranch, Ca 92610; 949-8236912. Structure 1: Jacobsen Pond 1. Legal Description: UTM-N4497029, E337484, Zone 13,
47050 RCR 129, Steamboat Springs, Co 80487. Source of UTMs: Garmin hand-held GPS;
Accuracy-approximately 100ft. See court file for a detailed description of all points. Source:
Goose Creek trib to Elk River. Appropriation: Date March 14, 2013 (date Applicant purchased
property); How Appropriated: Pond has been in place many years (pond is marked on 1962
USGS Mad Creek Quadrangle); Date applied to Beneficial Use: March 14,2013(date applicant
purchased property). Amount claimed: 3.0 af absolute. Uses: Livestock watering, irrigation and
recreation. Number of acres historically irrigated: 2, proposed to be irrigated: 4. Legal
description of irrigated acreage: (see map and detailed description in file). Historic irrigation
includes ornamental trees and lawn. Proposed irrigation includes historic irrigation, to-beconstructed greenhouse and area immediately surrounding greenhouse. Non-irrigation use:
livestock on property use pond for water. Recreational uses include swimming, picnicking,
skating, wildlife viewing and photography. Surface area of high water line: one-half acre.
Vertical height of dam: 6ft. Length of dam: 130ft. Total capacity of reservoir: 3af active.
Structure 2: Jacobsen Pond 2. Legal Description: UTM-N4497371, E337702, Zone 13, 47050
RCR 129, Steamboat Springs, Co 80487. Source of UTMs: Garmin hand-held GPS; Accuracyapproximately 100ft. See court file for a detailed description of all points. Source: Goose Creek
trib to Elk River. Appropriation: Date March 14, 2013 (date Applicant purchased property); How
Appropriated: Headgate and overflow pipe were in place when applicant purchased property;
Date applied to Beneficial Use: March 14,2013(date applicant purchased property). Amount
claimed: 3.5 af conditional. Uses: Livestock watering, irrigation and recreation. Number of acres
historically irrigated: 2, proposed to be irrigated: 4. Legal description of irrigated acreage: (see
map and detailed description in file). Historic irrigation includes ornamental trees and lawn.
Proposed irrigation includes historic irrigation, to-be-constructed greenhouse and area
immediately surrounding greenhouse. Non-irrigation use: livestock on property use pond for
water. Recreational uses include swimming, picnicking, skating, wildlife viewing and
photography. Surface area of high water line: one-half acre. Vertical height of dam: 7ft. Length
of dam: 90ft. Total capacity of reservoir: 3.5af active. Applicant is landowner of both structures.
2015CW3000 ROUTT COUNTY (07CW14, 99CW58, 93CW48, 87CW48, 83CW24).,
COLORADO. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE AND TO
MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. CONCERNING THE
APPLICATION FOR WATER RIGHTS OF THE CITY OF STEAMBOAT SPRINGS.
DISTRICT COURT, WATER DIVISION NO. 6, STATE OF COLORADO, 1955 Shield
Dr./P.O. Box 773117, Steamboat Springs, CO 80477. 1. Name and Address of Applicant: City of
Steamboat Springs (the “City”), attn: Kelly Heaney, Water Resources Manager, P.O. Box
775088, Steamboat Springs, CO 80477. All pleadings should be directed to: Steven J. Bushong,
Karen L. Henderson, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302,
(303) 443-6800 2. Overview: By this application, the City seeks a finding of reasonable
diligence for the water rights decreed to the Lufkin Well Nos. 1, 2, 3, 4, and 5, and to make all or
a portion of the subject water rights absolute. These water rights are used by the City in
connection with the Haymaker Golf Course. 3. Description of the Water Rights: (a) Name of
Water Rights: Lufkin Well Nos. 1, 2, 3, 4, and 5. (b) Decrees: i. Original Decree: The Lufkin
Well Nos. 1, 2, 3, 4, and 5 water rights were decreed by the District Court in and for Water
Division No. 6 (“Water Court”) in Case No. 83CW24 on September 22, 1983. The application
for Case No. 83CW24 was filed on March 1, 1983. ii. Diligence Decrees: Previous findings of
reasonable diligence were entered by the Water Court in Case No. 87CW48 on February 4, 1988;
Case No. 93CW48 on November 18, 1993; Case No. 99CW58 on February 7, 2001; and in Case
No. 07CW14 on January 25, 2009. iii. Change Decrees: The point of diversion for Lufkin Well
No. 2 was changed by the Water Court in Case No. 95CW159. The points of diversion for
Lufkin Well Nos. 3 and 4 were corrected by the Water Court in Case No. 10CW49. (b) Legal
Description of Structures: i. Lufkin Well No. 1: The decreed location is in the NE¼ of the NW¼
of Section 4, Township 5 North, Range 84 West of the 6th P.M., at a point 80 feet from the North
section line and 2,380 feet from the West section line of said Section 4. The location in Well
Permit No. 57018-F is in the NE¼ of the NW¼ of Section 4, Township 5 North, Range 84 West
of the 6th P.M., at a point 143 feet from the North section line and 2,512 feet from the West
section line of said Section 4. For ease of reference, but without changing the decreed location,
this point of diversion can also be located as follows: UTM Coordinates NAD 83, Zone 13,
Easting: 345951, Northing: 4476937. See Exhibit A. ii. Lufkin Well No. 2: As changed in Case
No. 95CW159, the decreed location is in the NW¼ of the NE¼ of Section 4, Township 5 North,
Range 84 West of the 6th P.M., at a point 200 feet south of the North section line and 2,500 feet
west of the East section line of said Section 4. The same location is identified in Well Permit
No. 48409-F. For ease of reference, but without changing the decreed location, this point of
diversion can also be located as follows: UTM Coordinates NAD 83, Zone 13, Easting: 346000,
Northing: 4476927. See Exhibit A. iii. Lufkin Well No. 3: As corrected in Case No. 10CW49,
the decreed location is in the SE¼ of the NW¼ of Section 4, Township 5 North, Range 84 West
of the 6th P.M., at a point 1,833 feet from the North section line and 2,355 feet from the West
section line of said Section 4. The same location is identified in Well Permit No. 57015-F. For
ease of reference, but without changing the decreed location, this point of diversion can also be
located as follows: UTM Coordinates NAD 83, Zone 13, Easting: 345874, Northing: 4476414.
See Exhibit A. iv. Lufkin Well No. 4: As corrected in Case No. 10CW49, the decreed location is
in the NE¼ of the NW¼ of Section 4, Township 5 North, Range 84 West of the 6th P.M., at a
point 65 feet from the North section line and 1,817 feet from the West section line of said
Section 4. The same location is identified in Well Permit No. 57016-F. For ease of reference, but
without changing the decreed location, this point of diversion can also be located as follows:
UTM Coordinates NAD 83, Zone 13, Easting: 345738, Northing: 4476933. See Exhibit A. v.
Lufkin Well No. 5: The decreed location is in the NW¼ of the NW¼ of Section 4, Township 5
North, Range 84 West of the 6th P.M., at a point 200 feet from the North section line and 200 feet
from the West section line of said Section 4. The location in Well Permit No. 57017-F is in the
NW¼ of the NW¼ of Section 4, Township 5 North, Range 84 West of the 6th P.M., at a point
223 feet from the North section line and 158 feet from the West section line of said Section 4.
For ease of reference, but without changing the decreed location, this point of diversion can also
be located as follows: UTM Coordinates NAD 83, Zone 13, Easting: 345228, Northing:
4476872. See Exhibit A. (c) Source: Groundwater tributary to the Yampa River. (d)
Appropriation Date: January 27, 1983. (e) Amount and Uses: i. Lufkin Well No. 1: 0.056 cfs (25
gpm) is decreed conditional for domestic, commercial, irrigation, and municipal uses. ii. Lufkin
Well No. 2: 0.067 cfs (30 gpm), of which 0.04 cfs is decreed absolute for commercial and
irrigation uses (Case No. 99CW58); 0.04 cfs is decreed conditional for domestic and municipal
uses; and 0.027 cfs is decreed conditional for domestic, commercial, irrigation, and municipal
uses. iii. Lufkin Well No. 3: 0.134 cfs (60 gpm) is decreed conditional for domestic, commercial,
irrigation, and municipal uses. iv. Lufkin Well No. 4: 0.178 cfs (80 gpm) is decreed conditional
for domestic, commercial, irrigation, and municipal uses. v. Lufkin Well No. 5: 0.223 cfs (100
gpm) is decreed conditional for domestic, commercial, irrigation, and municipal uses. (f) Well
Permits: (i) Lufkin Well No. 1, Well Permit No. 57018-F; (ii) Lufkin Well No. 2, Well Permit
No. 48409-F; (iii) Lufkin Well No. 3, Well Permit No. 57015-F; (iv) Lufkin Well No. 4, Well
Permit No. 57016-F; and (v) Lufkin Well No. 5, Well Permit No. 57017-F. 4. Claims to Make
Absolute: The City uses the subject water rights in connection with the Haymaker Golf Course.
Records of the volumetric amounts pumped from Lufkin Well Nos. 2, 3, 4, and 5 are maintained
by the City. A summary of these records for 2009-2014 is attached as Exhibit B. While a
measuring device has not yet been installed on Lufkin Well No. 1, water pumped from this well
at a rate of 25 gallons per minute is used to support the golf course operations, including, but not
limited to, use at the office, maintenance shop, and in a wash bay for golf carts and maintenance
equipment. There were no calls on the Yampa River during the subject diligence period to
prevent the diversion and use of the water rights decreed to the Lufkin Well Nos. 1-5. Therefore,
the City seeks to make all or a portion of the water rights decreed to the Lufkin Well Nos. 1, 2, 3,
4, and 5 absolute as set forth below. (a) Amounts & Uses Claimed Absolute: i. Lufkin Well No.
1: 0.056 cfs (25 gpm), absolute for domestic, commercial, irrigation, and municipal uses. ii.
Lufkin Well No. 2: 0.04 cfs (18 gpm) of the 0.067 cfs (30 gpm), absolute for domestic and
municipal uses. iii. Lufkin Well No. 3: 0.067 cfs (30 gpm) of the 0.134 cfs (60 gpm), absolute for
domestic, commercial, irrigation, and municipal uses. iv. Lufkin Well No. 4: 0.178 cfs (80
gpm), absolute for domestic, commercial, irrigation, and municipal uses. v. Lufkin Well No. 5:
0.067 cfs (30 gpm) of the 0.223 cfs (100 gpm), absolute for domestic, commercial, irrigation,
and municipal uses. (b) Date water first applied to beneficial use: As set forth in the application
filed by the City in Case No. 99CW58, water was first beneficially used from the Lufkin Well
Nos. 1-5 in 1999. Specifically, water was used from Lufkin Well No. 2 to support the golf course
clubhouse, while water was pumped from Lufkin Well Nos. 1, 3, 4, and 5 through the use of a
portable pump and a 150 gallon capacity spray truck to irrigate the golf course. Permanent
pumps were installed on Lufkin Wells 1, 3, 4, and 5 in May of 2000. (c) Place of Use:
Haymaker Golf Course, as shown on Exhibit A. 5. Detailed outline of work done to complete
project and apply water to beneficial use: In addition to the foregoing claims to make absolute
based on the beneficial use of the water, the City seeks a finding of reasonable diligence with
regard to the remaining conditional portions of the Lufkin Well Nos. 1-5, or any portion not
made absolute. (a) During the subject diligence period, the City has diligently worked toward
applying the Lufkin Well Nos. 1-5 water rights to their decreed uses. Specifically, the City spent
approximately $92,529 on operational expenses, including water treatment and water quality
testing as part of the drinking water supply and to ensure compliance with the wastewater
discharge permit associated with Haymaker Golf Course. The City also spent approximately
$4,116 as part of Water Court Case No. 10CW49 to change the points of diversion for Lufkin
Well Nos. 3 and 4 to match the constructed and permitted locations of the wells. Lufkin Well
Nos. 1-5 contribute to the water supply the City needs for the use, operation, and maintenance of
the Haymaker Golf Course. (b) Accordingly, and subject to confirmation of the foregoing
absolute claims, the City requests that the following remaining amounts be continued as
conditional for domestic, commercial, irrigation, and municipal uses: i. Lufkin Well No. 2:
0.027 cfs (12 gpm) of the 0.067 cfs (30 gpm); ii. Lufkin Well No. 3: 0.067 cfs (30 gpm) of the
0.134 cfs (60 gpm); iii. Lufkin Well No. 5: 0.156 cfs (70 gpm) of the 0.223 cfs (100 gpm). (8
pages with exhibits).
2015CW3001 JACKSON COUNTY APPLICATION FOR FINDING OF DILIGENCE .
Attorney for Applicant: Gilbert Y. Marchand, Jr., #19870, Gilbert Y. Marchand, Jr., P.C., 2737
Mapleton Avenue, Suite 202, Boulder, Colorado 80304, phone: 303-444-4256; fax: 303-4445901; e-mail: gym@gymlaw.com. 1. Name, mailing address, e-mail address, and telephone
number of Applicant: Shooting Star Ranch, LLC, c/o Ted Mallon, Manager, 8832 West Phillips
Road, Boulder, CO 80301, 720-379-3991, tmallonstudy@comcast.net. 2. Names of structures:
Coffee Cake Lake Enlargement. 3. Describe conditional water right (as to each structure) giving
the following from the Referee’s Ruling and the Court’s Judgment and Decree: 3.A. Original
Decree: The water right for Coffee Cake Enlargement was decreed on March 19, 2001, in Case
No. 99CW71, by District Court, Water Division No. 6. On January 8, 2009, in Case No.
07CW20, District Court, Water Division No. 6, a decree finding diligence was entered for the
Coffee Cake Enlargement water right. 3.B. Legal Description: Coffee Cake Lake Enlargement
is a conditionally decreed on-channel reservoir. The decreed location of the dam is in the
NE1/4NW1/4 of Section 35, Township 6 North, Range 79 West, 6th P.M., Jackson County,
Colorado. The left abutment of the dam bears approximately South 72 degrees 30 seconds East a
distance of 2,300 feet more or less from the northwest corner of said Section 35. The UTM
coordinates for the left abutment of the dam centerline are Northing 4478590.0 meters, Easting
395896.0 meters (Datum: NAD83; UTM Zone 13). The PLSS legal description of the location
of the left abutment of the dam centerline is in the northeast quarter of the northwest quarter of
Section 35, Township 6 North, Range 79 West, 6th P.M., Jackson County, Colorado,
approximately 730 feet from the north line and 2,180 feet from the west line of said section. The
source of the UTM coordinates and PLSS description is Applicant’s consultant’s ArcMap
software. An illustrative map is attached to the application. 3.C. Source: Unnamed tributaries
of Willow Creek, tributary to the Illinois River. One tributary is known as “Cemetery Draw” or
“Cemetary Draw.” The other tributary is the draw immediately south of Cemetery (or Cemetary)
Draw, and it is referred to herein as Indian Campground Draw. 3.D. Appropriation Date: May
26, 1998. 3.E. Amount: 61.0 acre-feet, conditional, initial fill, with the right to one refill each
year. The decreed diversion rate is the entire available inflow, conditional. 3.F. Uses:
Stockwatering, irrigation, piscatorial, recreational, and wildlife. 3.G. Amount and location of
irrigated acreage: Approximately 100 acres located approximately in the N1/2 of the NE1/4 of
Section 35 and in the S1/2 of the SE1/4 of Section 26, Township 6 North, Range 79 West, 6th
P.M., Jackson County, Colorado. These areas are discernible in the illustrative map attached to
the application. 3.H. Dimensions: The surface area of the high water line is approximately 5.5
acres. The maximum height of the dam is approximately 30 feet. The length of the dam is
approximately 1,000 feet. The total capacity of the reservoir is 70 acre-feet, all of which may be
active capacity. 3.I. Remarks: The water right for Coffee Cake Lake Enlargement is related to
the Coffee Cake Lake water right that was decreed by this Court on February 23, 1999, in Case
No. 97CW080 in the amount of 9.0 acre-feet from Cemetery (or Cemetary) Draw. The Coffee
Cake Lake Enlargement water right allows an additional 61.0 acre-feet of storage from an
additional source of water. The combined amount of storage under the Coffee Cake Lake and
Coffee Cake Lake Enlargement water rights is 70.0 acre-feet. 4. 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: During the diligence
period from January 9, 2009 through January 2015, the following has been done. The subject
Coffee Cake Lake Enlargement water right is integrally connected to the Coffee Cake Lake
water right decreed by this Court in Case No. 97CW80. During the subject diligence period,
Applicant completed the work necessary to obtain a decree finding reasonable diligence toward
the completion of the appropriation associated with the Coffee Cake Lake water right. This
Court entered that diligence decree on March 13, 2014 in Case No. 13CW3008. Applicant met
with Mr. Mike Applegate on March 16, 2012 to discuss plans for construction of the reservoir
associated with the Coffee Cake Lake and Coffee Cake Lake Enlargement water rights. Around
that time, Applicant also made inquiries with the Colorado Water Conservation Board
concerning the possibility of a construction loan for the reservoir. Applegate Group updated the
construction cost estimates for the Coffee Cake Lake reservoir. As found by this Court in Case
No. 99CW71, Coffee Cake Lake (including the Coffee Cake Lake Enlargement) is expected to
capture releases or bypasses from the up-gradient Black Wolf Lake, which is equipped with an
outlet pipe and control valve to regulate the reservoir and to enable water to be passed through
the dam. Throughout the diligence period, Applicant has continued to operate and maintain
Black Wolf Lake and the associated Black Wolf Lake water right. Flows into Black Wolf Lake
have been monitored and photographed; the flume into Black Wolf Lake has been monitored and
regularly maintained; the trash rack has been routinely cleaned; the windmill aerator has been
operated and maintained; fish have been caught and released from Black Wolf Lake. Regarding
the decreed irrigation use of the Coffee Cake Lake Enlargement water right, Applicant has
continued to maintain and irrigate the lands depicted on the attached map where the Coffee Cake
Lake Enlargement water would be applied. Hay has been produced on an annual basis from
those lands. Regarding the decreed stockwatering use, cattle have grazed on the ranch.
Applicant is negotiating a lease that will result in cattle grazing on the ranch this summer. From
approximately June 2007 through September 2009, the Manager of Applicant was engaged in
civil court litigation, one of the purposes of which was to defend and protect his assets, including
the subject Coffee Cake Lake Enlargement water right. One of the effects of the lawsuit was that
Applicant’s resources were temporarily diverted away from the Coffee Cake Lake Enlargement
project. Applicant has performed work on other water rights and water facilities at Shooting Star
Ranch (besides the Coffee Cake Lake water right mentioned above). Such work includes but is
not limited to filing a May 29, 2009 application and obtaining a July 23, 2011 decree from this
Court to make absolute the water rights for Timber Pond and Labrador Lake in Case No.
09CW18. Applicant also incurred legal and engineering fees in formal protests and opposition to
the inclusion of some of its water rights on the decennial abandonment list. All of Shooting Star
Ranch’s water rights and related facilities are regularly observed, operated, and maintained. The
Coffee Cake Lake Enlargement water right is an integral part of the water rights and facilities at
Shooting Star Ranch. Therefore, the work on all of the Shooting Star Ranch water rights and
facilities reflects diligence toward the completion of the Coffee Cake Lake Enlargement water
right. More detailed information concerning all the work described in this application, and
concerning the expenditures associated with such work, is available upon request of Applicant’s
counsel. 5. 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: Same as Applicant. WHEREFORE, Applicant requests the court to
enter a decree finding that diligence has been shown toward the completion of the appropriation
associated with the Coffee Cake Lake Enlargement water right, continuing said water right in
full force and effect, and granting such other relief as the court deems proper under the
circumstances.
2015CW3002, MOFFAT COUNTY, YAMPA RIVER, WATER DIV. NO. 6., Elam
Construction, Inc. (“Elam”), Attn: Ivan Geer, P.E., 556 Struthers Ave., Grand Junction, CO
81501, (960) 242-5370, ivan.geer@elamconstruction.com; C/O Kirsten M. Kurath and Mark A.
Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502,
(970) 242-6262, kmkurath@wth-law.com, mherm@wth-law.com; Application For Finding of
Reasonable Diligence. Name of Structure: Bunn Pit; Description of Conditional Water Right:
Original Decree: May 14, 1980, Case No. 79CW200, Division 6; Subsequent Decree: In Case
No. 84CW026, the conditional rights were continued in full force and effect. In Case No.
88CW022, 1.88 c.f.s. was made absolute (1.78 c.f.s. for sand and gravel production and 0.10
c.f.s. for evaporation) and the remaining conditional rights were continued in full force and
effect. In Case No. 94CW028, an additional 0.27 c.f.s. was made absolute for evaporation and
the remaining conditional rights were continued in full force and effect. In Case No. 00CW070
and Case No. 07CW051 the conditional rights were continued in full force and effect. The
remaining 2.85 c.f.s. conditional right is the subject of the Application. Location: The legal
description of the point of diversion is all within Township 6 North, Range 90 West of the Sixth
P.M., Moffat County, CO further described as: Section 5: SW ¼ and that part of the SW ¼ SE ¼
lying north of the Yampa River; Section 6: NE ¼ SE ¼, SW ¼ SE ¼ and that part of the SE ¼
SE ¼ lying north of the Yampa River; and Section 8: NW ¼ NE ¼ and that part of the NE ¼ NW
¼ lying north of the Yampa River. See Figure 1 of the Application. Source: Yampa River;
Appropriation Date: May 1, 1975; Amount: 2.15 c.f.s., absolute, and 2.85 c.f.s., conditional, all
for industrial purposes; Uses: Industrial uses for sand and gravel production and evaporative
losses; Well Permit: Well Permit No. 37601-F was issued on August 27, 1990. The permit limits
the annual amount of groundwater to be appropriated to 75.3 acre feet and the exposed
groundwater surface to no more than 20.5 acres. Name and Address of Land Owners: Applicant.
The Application contains a detailed outline of what has been done toward completion of the
appropriation and application of water to beneficial use during this diligence period. (6 pages)
2015CW3003, MOFFAT COUNTY APPLICATION TO MAKE ABSOLUTE AND/OR FOR
FINDING OF REASONABLE DILIGENCE. Applicant Information: Vermillion Ranch Limited
Partnership, c/o Kent Holsinger, Esq., Alyson Meyer Gould, Esq., 1800 Glenarm Place, Suite
500, Denver, Colorado 80202, (303) 722-2828. Name of Structure: The name of the structure
associated with this water right is the House Reservoir. Description of Conditional Water Right:
A. This water right was originally awarded in Case No. 06CW59 by the Division 6 Water Court
on January 19, 2009. B. This case represents the first diligence filing for this water right. C. The
legal description for this water right is: The NE ¼ of Section 17, Township 11 North, Range 101
West, of the 6th P.M., at a distance of 2,200 feet from the North and 2,400 feet from the East
section lines. D. The sources of the water for this water rights is the Talamantes Creek, tributary
to the Green River. E. The 1 acre foot absolute portion of this water right is administered with an
appropriation date of November 25, 1998. The 19 acre foot conditional portion of this water right
is administered with an appropriation date of December 29, 2006. F. The decreed uses for this
water right are industrial and domestic (in house within up to three (3) single family dwellings)
purposes. G. This water right is not associated with a well. Actions Taken Towards Completing
Appropriation: The Applicant has entered into a contract (“Contract”) with an oil and gas
developer, under which the oil and gas developer shall purchase no less than one (1) barrel of
water from the Applicant each year for the next six (6) years and will put this water to beneficial
use in its industrial operations. Claim to Make Absolute: The Applicant claims 20 acre feet have
been applied to beneficial use by virtue of its capture, possession, and control in the House
Reservoir pursuant to C.R.S. § 37-92-301(4)(e). Specifically, Vermillion captured, possessed,
and controlled water by diverting water for storage in the House Reservoir between January 7
and January 17, 2015, in the total amount of 20 acre feet diverted in ten 24-hour periods at a rate
of 1 cfs. The location of capture, possession, and control of the water is the same as the location
of the water right. The UTM is approximately 40.91391/-108.77268 (source: estimate based on
USGS National Map Viewer). Name of Underlying Landowner: The Applicant is the owner of
the land underlying the structure at issue herein.
2015CW3004, MOFFAT COUNTY APPLICATION FOR FINDING OF REASONABLE
DILIGENCE. Applicant Information: Vermillion Ranch Limited Partnership, c/o Kent
Holsinger, Esq., Alyson Meyer Gould, Esq., 1800 Glenarm Place, Suite 500, Denver, Colorado
80202, (303) 722-2828. Name of Structure: The name of the structures associated with this
water right are VRLP I/C/D and seven alternate points of diversion known as VRLP Alternate
Point No. 1, VRLP Alternate Point No. 2, VRLP Alternate Point No. 3, VRLP Alternate Point
No. 4, VRLP Alternate Point No. 5, VRLP Alternate Point No. 6, and VRLP Alternate Point No.
7. Description of Conditional Water Right: A. This water right was originally awarded in Case
No. 06CW60 by the Division 6 Water Court on January 19, 2009. B. This case represents the
first diligence filing for this water right. C. The legal descriptions for this water right are:
Structure
VRLP I/C/D:
VRLP Alternate Point No. 1:
VRLP Alternate Point No. 2:
VRLP Alternate Point No. 3:
VRLP Alternate Point No. 4:
VRLP Alternate Point No. 5:
VRLP Alternate Point No. 6:
VRLP Alternate Point No. 7:
Legal Description
A point located in the NW ¼ of NW ¼ of Section 17,
Township 11 North, Range 101 West of the 6th P.M., at a
distance of 565 feet from the West and 463 feet from the
North section lines.
A point located in the NE ¼ of NE ¼ of Section 18, Township
11 North, Range 101 West of the 6th P.M., at a distance of
645 feet from the East and 657 feet from the North section
lines.
A point located in the NW ¼ of NE ¼ of Section 17, Township
11 North, Range 101 West of the 6th P.M., at a distance of
1,382 feet from the East and 59 feet from the North section
lines.
A point located in the SE ¼ of NW ¼ of Section 17, Township
11 North, Range 101 West of the 6th P.M., at a distance of
2,619 feet from the West and 2,168 feet from the North
section lines.
A point located in the NW ¼ of SE ¼ of Section 16, Township
11 North, Range 101 West of the 6th P.M., at a distance of
1,774 feet from the East and 2,601 feet from the South
section lines.
A point located in the SE ¼ of SE ¼ of Section 15, Township
11 North, Range 101 West of the 6th P.M., at a distance of
1,237 feet from the East and 687 feet from the South
section lines.
A point located in the SW ¼ of SE ¼ of Section 14, Township
11 North, Range 101 West of the 6th P.M., at a distance of
1,586 feet from the East and 345 feet from the South
section lines.
A point located in the SE ¼ of SE ¼ of Section 13, Township
11 North, Range 101 West of the 6th P.M., at a distance of
244 feet from the East and 1,043 feet from the South
section lines.
D. The source of the water for VRLP I/C/D and VRLP Alternate Points of Diversion Nos. 1, 2,
4, 5, 6, and 7 is the Talamantes Creek, tributary to the Green River, and the source for VRLP
Alternate Point No. 3 is Antone Creek, tributary to the Green River. E. The 1.5 cfs absolute
portion of this water right is administered with an appropriation date of May 1, 1976. The 3.5 cfs
conditional portion of this water right is administered with an appropriation date of December
28, 2006. F. The decreed uses for the 1.5 cfs portion of this water right are industrial and
commercial purposes. The decreed uses for the 3.5 cfs portion of this water right are industrial,
commercial, and domestic (in house within up to three (3) single family dwellings) purposes. G.
This water right is not associated with a well. Actions Taken Towards Completing
Appropriation: The Applicant has entered into a contract (“Contract”) with an oil and gas
developer, under which the oil and gas developer shall purchase no less than one (1) barrel of
water from the Applicant each year for the next six (6) years and will put this water to beneficial
use in its industrial operations. Claim to Make Absolute: The Applicant does not seek to make
any of the conditional portion of this right absolute. Name of Underlying Landowner: The
Applicant is the owner of the land underlying the structures at issue herein.
2015CW3005 ROUTT COUNTY ((2005CW15, 1997CW30) (2005CW24, 1997CW31)
(2005CW69)), , First Amended Application for Finding of Reasonable Diligence and To Make
Absolute In Whole or In Part. 1. Name, mailing address, email address, telephone number of
applicant: T & T Land and Cattle Company, LLC [“T&T Land and Cattle”], c/o J. Richard
Tremaine, Manager, P.O Box 774525, Steamboat Springs, CO 80477, rich@ktlaw.com,
970.879.5003. Direct all pleadings and court-related documents to J. Richard Tremaine, Klauzer
& Tremaine, LLC, P.O Box 774525, Steamboat Springs, CO 80477, rich@ktlaw.com,
970.879.5003 and Claire E. Sollars, Esq., P.O. Box 881302, Steamboat Springs, CO 80488-1302,
Claire.Sollars@hughes.net, 970.757.2713. 2. Name of structures: A. Water Div. VI Case No.
2005CW15 (1997CW30): Rich’s Pond, Judy’s Pond, Colby’s Pond, and Michelle’s Pond. B.
Water Div. VI Case No. 2005CW24 (1997CW31): Judy’s Spring, Colby’s Spring and Michelle’s
Spring. C. Water Div. VI Case No. 2005CW69: Amber’s Spring and Mima’s Pond; T&T also
sought additional conditional rights for the structures identified in Case No. 2005CW15 and
2005CW24. 3. Descriptions of conditional water rights: A. Case No. 2005CW15 (1997CW30):
i. Original Decree: On April 7, 1999, in Case No. 1997CW30, Routt County District Court,
Water Division No. VI, the Water Court awarded T&T Land and Cattle conditional water rights
for Rich’s Pond, and conditional and absolute water rights for Judy’s Pond, Colby’s Pond, and
Michelle’s Pond. ii. Subsequent Diligence Decree: On December 24, 2008, Case No.
2005CW15, Routt County District Court, Water Division No. VI, the Water Court decreed
certain conditional rights had been made absolute and continued other conditional water rights
for Rich’s Pond, Judy’s Pond, Colby’s Pond, and Michelle’s Pond. B. Case No. 2005CW24
(1997CW31): i. Original Decree: On August 16, 1999, in Case No. 1997CW31, Routt County
Combined Courts, Water Division No. VI, the Water Court awarded T&T Land and Cattle
conditional water rights for Judy’s Spring, Colby’s Spring and Michelle’s Spring. ii. Subsequent
Diligence Decrees: On December 24, 2008, Case No. 2005CW24, Routt County District Court,
Water Division No. VI, the Water Court continued the conditional water rights for Judy’s Spring,
Colby’s Spring and Michelle’s Spring. C. Case No. 2005CW69: i. Original Decree: On
December 24, 2008, Case No. 2005CW69, Routt County District Court, Water Division No. VI,
the Water Court awarded T&T Land and Cattle conditional rights for Judy’s Spring, Colby’s
Spring, Michelle’s Spring, and Amber’s Spring, and conditional and absolute water rights for
Mima’s Pond. ii. Subsequent Diligence Decrees: Not applicable. This application is T&T
Land and Cattle’s initial Application for Finding of Reasonable and To Make Absolute in Whole
or in Part concerning Case No. 2005CW69. D. Legal Descriptions: All structures are located
in Section 25, Township 6 North, Range 88 West of the 6th Prime Meridian, Routt County,
Colorado. The PLSS legal descriptions are presented in the joint decree for all three cases. The
UTM coordinates (Zone 13, NAD83) were determined with the use of a hand-held Garmin
(GPS) device or through use of “AquaMap” database, maintained by the Division of Water
Resources. i. Decreed Points of Diversion of Surface Structures: Judy’s Spring, SE¼ NE¼ of
section 25, 1,656 ft N of the section line and 912 ft E of the section line, 4480192 mN and
313110 mE; Colby’s Spring, NE¼ SE¼ of section 25, 1,656 ft S of the section line and 888 ft E
of the section line, 4479582 mN and 313099 mE; Michelle’s Spring SW¼ SE¼ of section 25,
960 ft S of the section line and 2,136 ft from E of the section line, 4479366 mN and 312657 mE;
Amber’s Spring, NE¼ NE¼ of Section 25, 444 ft N of the section line and 720 ft E of the section
line, 4480562 mN and 313174 mE. ii. Decreed Dam Centerlines of Storage Structures: Rich’s
Pond, NE¼ NE¼ of section 25, 225 ft N of the section line and 1,235 ft E of the section line,
4480686 mN and 313134 mE; Judy’s Pond, SE¼ NE¼ of section 25, 1,770 ft N of the section
line and 390 ft E of the section line, 4480150 mN and 313265 mE; Colby’s Pond, NE¼ SE¼ of
section 25, 2,524 ft S of the section line and 65 ft E of the section line, 4479841 mN and 313357
mE; Michelle’s Pond, SW¼ SE¼ of section 25, 1,140 ft S of the section line and 2,100 ft E of
the section line, 4479481 mN and 312719 mE; Mima’s Pond, NW¼ NE¼ of section 25, 452 ft N
of the section line and 1,585 ft E of the section line, 4480565 mN and 312919 mE. E. Source of
Water: Unnamed tributaries to Sage Creek, tributary to Yampa River. F. Appropriation Date:
June 1, 1996 for all structures. G. Amounts and Uses: Some of the originally-decreed
conditional water rights have been decreed absolute. For the remaining conditional rights, T&T
Land and Cattle either seeks absolute rights or continuation of the conditional rights. .i. Surface
Structures - Case(s), Amount and Uses: Judy’s Spring - Case No. 1997CW31, 0.05 cfs, domestic,
irrigation, stockwater, piscatorial, recreational, and wildlife uses; Case No. 2005CW69, fill and
refill Judy’s Pond. Colby’s Spring - Case No. 1997CW31, 0.05 cfs, domestic, irrigation,
stockwater, piscatorial, recreational, and wildlife uses; Case No. 2005CW69, fill and refill
Colby’s Pond. Michelle’s Spring - Case No. 1997CW31, 0.05 cfs, domestic, irrigation,
stockwater, piscatorial, recreational, and wildlife uses; Case No. 2005CW69, fill and refill
Michelle’s Pond and Colby’s Pond. Amber’s Spring - Case No. 2005CW69 , 0.05 cfs, domestic,
irrigation, piscatorial, stock watering , recreation, wildlife, fill and refill Rich’s Pond. ii. Storage
Structures - Case, Amount and Uses: Rich’s Pond – Case No. 1997CW30, 2.0 AF, domestic,
irrigation, piscatorial, stock watering, wildlife, recreation. Judy’s Pond - Case No. 1997CW30,
1.75 AF, irrigation, piscatorial, recreation. Colby’s Pond - Case No. 1997CW30, 1.75 AF,
irrigation, piscatorial, recreation. Michelle’s Pond - Case No. 1997CW30, 1.75 AF, irrigation,
piscatorial, recreation. Mima’s Pond - Case No. 2005CW69, 1.9 AF, irrigation, domestic,
piscatorial. H. 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, T&T Land and
Cattle used its own equipment and materials to further develop the conditional water rights. It
excavated the areas of Judy’s Spring, Colby’s Spring and Amber’s Spring at an estimated value
of $250; the springs are not yet fully developed. Michelle’s Spring is developed and a pump and
pipeline system has been installed to convey water to the residential area. T&T Land and Cattle
conducted additional field investigations to increase the capacities of Rich’s Pond, Judy’s Pond,
Michelle’s Pond and Mima’s Pond.
Additionally, T&T Land and Cattle’s manager and
counsel, Mr. Tremaine (who is part owner of the company), has spent at least 25 hours defending
T&T Land and Cattle’s water rights; these in-kind services are valued in excess of $6,875. T&T
Land and Cattle continues to monitor monthly resumes to ensure its water rights are protected
and has incurred approximately $1,700 for legal fees and costs for the preparation and filing of
this Application. 5. If claim to make absolute in whole or in part: A. Surface Structures: i. Date
water applied to beneficial use, amount and use: Michelle’s Spring: 0.01 cfs (5 gpm) for
domestic (spring water stored in tank and used in house), recreation (avian and wildlife viewing,
part of dirt bike track), stock and wildlife watering, and fill and refill Michelle’s Pond and
Colby’s Pond. ii. Information regarding diversion and description of place of use where water is
applied to beneficial use: T&T Land and Cattle estimated the flow; no diversion records have
been maintained. Water is collected at the developed spring site and piped to places of use;
overflow at the spring site is used for recreation purposes, livestock and wildlife watering, and
excess can be used to fill and refill Michelle’s Pond and Colby’s Pond. B. Storage Structures: i.
Date water applied to beneficial use, amount and use: The date for all storage structures is
August 7, 2013 (effective date of Senate Bill 13-041); Rich’s Pond, 1.5 AF for domestic,
irrigation, and piscatorial; Judy’s Pond, 0.25 AF for domestic, irrigation, and piscatorial uses;
Colby’s Pond, 2.0 AF for irrigation, piscatorial, and recreation uses; and Michelle’s Pond, 0.25
AF for domestic, irrigation, and piscatorial. ii. Information regarding diversion and description
of place of use where water is applied to beneficial use: Water collected from surface flows and
spring discharge is stored in the ponds. Measuring devices have not been installed. T&T Land
and Cattle claims the absolute rights for the named uses, in the amount of the existing storage.
Stored water continues to be used in or in the vicinity of the pond’s location. 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:
T&T Land and Cattle owns the land where the water rights are located and upon which the water
rights will be used, with the exception of Michelle’s Spring and Michelle’s Pond. Those two
structures are located on property owned by Colby and Michelle Townsend, 2680 Copper Ridge
Circle, Steamboat, 80487, and are used co-operatively on property owned by T&T Land and
Cattle as well as the Townsends. 7. Remarks or any other pertinent information: The Water
Court previously decreed that T&T Land and Cattle’s conditional water rights located within the
same drainage form an integrated system (see C.R.S. §37-92-301(4)(b)) and further that T&T
Land and Cattle is entitled to fill and refill the storage structures when in priority. T&T Land
and Cattle respectfully requests the Water Court enter a decree in this matter that (1) adjudicates
0.01 cfs (5 gpm) of Michelle’s Spring as absolute for domestic, recreation, and stock and wildlife
watering uses; (2) finds Michelle’s Spring is used to fill and refill Michelle’s Pond and Colby’s
Pond; (3) finds T&T Land and Cattle exercised reasonable diligence in the development of the
remaining conditional water rights of 0.04 cfs for Michelle’s Spring, and continues in full force
and effect the conditional status of that water right; (4) finds T&T Land and Cattle exercised
reasonable diligence in the development of the Judy’s Spring, Colby’s Spring and Amber’s
Spring, each in the amount of 0.05 cfs, and continues in full force and effect the conditional
status of those water rights; (5) adjudicates as absolute the remaining conditional uses for Rich’s
Pond (1.5 AF for domestic, irrigation, and piscatorial uses), Judy’s Pond (0.25 AF for domestic,
irrigation, and piscatorial uses), Colby’s Pond (2.0 AF for irrigation, piscatorial, and recreation
uses); and Michelle’s Pond (0.25 AF for domestic, irrigation, and piscatorial uses); and (6) finds
T&T Land and Cattle exercised reasonable diligence in the development of the remaining
conditional portions of Rich’s Pond (0.5 AF), Judy’s Pond (1.75 AF), Michelle’s Pond (1.75
AF), and Mima’s Pond (1.9 AF), and continues in full force and effect the conditional status of
those water rights.
You are hereby notified that you will have until the last day of MARCH, 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/ Melissa A. Rogers
Deputy Court Clerk