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 NOVEMBER, 2012. 2011CW33 MOFFAT AND RIO BLANCO COUNTIES; Amended application for Water Rights (Surface); Name, address, telephone number of applicant: United States of America, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region 755 Parfet St., Ste 151, Lakewood, CO 80215. Telephone: (303) 231-5353, ext 551; Names of Structures: BLM Springs 110-01, BLM Spring 119-06; Legal Description of point of diversion: All UTM data are from Zone 12 and use the NAD 83 (CONUS) Datum; BLM Springs 110-01: Located on public lands in the SE/4 SE/4, Section 19, T4N, R99W, 6th PM approximately 1,062 ft north of the south section line and 359 feet west of the east section line. 709173mE, 4463692Mn; BLM Springs 119-06: Located on public lands in the NE/4 NE/4, Section 10, T2N R100W, 6th PM approximately 151 ft south of the north section line and 368 ft west of the east section line. 704792mE 4448700mN, Source: BLM Spring 110-01: Middle Fork Wolf Creek/Wolf Creek/White River, BLM Spring 119-06: Unnamed tributary to the White River; Dates of Appropriation: 06/28/1934; How appropriation was initiated: The Bureau of Land Management authorized use of the Elk Springs Allotment and Boise Creek Allotment and their associated water sources by grazing permittees. Subsequently, BLM personnel inventoried the quantity of water available for wildlife use; Date water applied to beneficial use: 06/28/1934; Amount claimed: BLM Spring 110-01: 0.0022 cfs. absolute, BLM Spring 119-06: 0.0022 cfs. Absolute; Use: Livestock watering and wildlife. BLM Spring 110-01: The spring provides water for grazing a heard of up to 710 cattle and 1700 sheep on the Elk Springs Grazing Allotment. In addition, the spring provides water, forage and cover for antelope, deer, mountain lion, small mammals, birds and Great Basin Spadefoot Toad; Name and address of owners of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, White River Field Office, 220 East Market St, Meeker, CO 81641; Remarks: The sole purpose of this amendment is to correct the legal description of the springs. 12CW19 ROUTT COUNTY; Amended Application for Conditional Water Rights (Surface); Chris and Nora Weyand, 305 Lago Grande Trail, Wylie, TX 75098, 972-805-1960; Spring: Weyand #1; SE4, SW4, S20, T7N, R88W, 6PM, 997 ft from S, 1585 ft from W; UTM: Northing, 306060; Easting 4490795, Zone 13; PLSS Source: Lot Survey & USGS Map; Address: CR 76 Hayden, CO; Source: Unnamed Tributary of Corral Gulch of Elkhead Creek to the Yampa River; Appropriation Date: Application in process; Amount: 15 GPM, Conditional; Proposed Use: Domestic, Stock Watering, Irrigation on 7 Acres; Maps available at court. Applicants are landowners. 12CW54 MOFFAT COUNTY; Application For Absolute Underground Water Right Applicant: Dewey Sheridan, PO Box 25, Maybell, CO 81640, 970-824-1172. Well: Lone Mtn Ranch Well, permit 192825, UTM Coordinates Northing 4497907, Easting 713121, Zone 12; SW4, NE4, Sec 35, T8N, R99W, 6PM, 1595 ft from N, 1808 ft from E, source of PLSS information – water commissioner. Source: Thompson Draw tributary of Little Snake; depth of well – 430 ft. Date of appropriation – 02/09/1996; how appropriated-applied for permit using well; date applied to beneficial use-02/09/1996. (If well tributary) Amount claimed – 7.4 gpm absolute; amount annually-1.5 acre feet absolute. Case number for augmentation – NA, (If well non-tributary) amount claimed 6 gpm absolute. Non-irrigation use: household and livestock. Number of single family dwellings served – 1; area of lawn and garden irrigated-400 square feet; domestic animal watering; livestock watering on Farm/ranch/pasture (over 35 acres). Land owner: ReGeneration Partners, 3811 Turtle Creek Blvd, St 300, Dallas, TX 75219. Remarks: Dewey Sheridan is the one who drilled the well and uses the well. Case No. 2012CW64, MOFFAT COUNTY; Application for Absolute Water Rights (Surface); Name of applicant: Rio Ro Mo Acres LLC, 24319 CR 17, Craig, CO 81625, 970-310-7339; Name of structure: Beaver Spring; Type: spring; UTM Coordinates: Northing-4500722, Easting 260180, Source: Handheld Garmin GPS accurate within 9 ft; Legal description: Moffat County; SW/4 of the SE/4; Section 21; Township 8 North; Range 93 West of the 6th P.M.; Source of PLSS: 1:27,000 USGS Topo Map; Source: Beaver Spring to Lay Creek; Amount: 1.0 cfs, absolute; Use: Industrial Water sales and livestock; Non-irrigation purpose: Sell water to oil and gas companies; Landowners: Applicant and landowner are one and the same, a certified certificate of notice was not mailed. 2012CW65, MOFFAT COUNTY; Application for Absolute Water Rights (Surface); Name of applicant: Rodney and Margaret Culverwell, 24319 CR 17, Craig, CO 81625, 970-310-7339; Name of structure: Big Gulch; Type: spring; UTM Coordinates: Northing-4491496.3, Easting 263088.9, Source: Document from CO Water Division Office in Craig; Legal description: Moffat County; S/W ¼ of the S/E ¼; Section 23; Township 7 North; Range 93 West of the 6th P.M.; 1250 Feet from the North and 1980 Feet from West; Source of PLSS: State of CO Water Division Ruling of Referee Document; Source: Big gulch T to Lay Creek; Appropriation Date: May 21, 1988; How Appropriated: Case #88CW110; Date water applied to beneficial use: 5/21/88; Amount: 2.0 cfs, absolute; Use: Proposed Additional Use for industrial water sale and continued already approved us for irrigation and livestock; Non-irrigation purpose: Sell approximately 12.5 million gallons of water to oil and gas company; Landowners: Applicants own the water right and also own Rio Ro Mo Acres LLC since the applicant and landowner are one and the same a certified certificate of notice was not mailed 12CW30007 ROUTT COUNTY; Application For Finding of Reasonable Diligence and to Make Absolute in Part. Hidden Springs Ranch Owners’ Association, Inc., P.O. Box 361, Hayden, CO 81639 c/o Paul Sachs, Esq., Paul Sachs, P.C., P.O. Box 773554, Steamboat Springs, CO 80477. Telephone: (970) 879-8600 Fax: (970) 879-8601. Email: psachs@paulsachspc.com. Description of Conditional Water Rights: On November 29, 2006 in Case No. 03CW54, Routt County Combined Courts, Water Division No. 6, the Water Court awarded conditional water rights to 4S Development, Ltd., LLLP, which water rights have subsequently been conveyed to Hidden Springs Ranch Owners’ Association, Inc., for two wells and three ponds. Names of Structures: Well No. HS-JR#1, Well No. HS-JR#2 (a/k/a Dry Creek Well #31-1), The Villages of Hayden Pond No. 4 (a/k/a Lake View Dam), The Villages of Hayden Pond No. 5, The Villages of Hayden Pond No. 6. Legal Description of Each Point of Diversion: As described in the 03CW54 Decree of the Water Court: Well No. HS-JR#1: The well is located in the NW1/4NE1/4, Section 31, T6N, R88W, 6th P.M. in Routt County, Colorado at a point 1074 feet from the North line and 1501 feet from the East line of said Section 31. Well No. HS-JR#2 (a/k/a Dry Creek Well #31-1): The well is located in the NE1/4NE1/4, Section 31, T6N, R88W, 6th P.M. in Routt County, Colorado at a point 850 feet from the North line and 700 feet from the East line of said Section 31. The Villages of Hayden Pond No. 4 (a/k/a Lake View Dam): The Villages of Hayden Pond No. 4 is located in the SE1/4NE1/4 of Section 16, T6N, R88W of the 6th P.M. in Routt County, Colorado. The dam is located 2380 feet from the North line and 160 feet from the East line of said Section 16. The Villages of Hayden Pond No. 5: The Villages of Hayden Pond No. 5 is located in the NE1/4SE1/4 of Section 16, T6N, R88W of the 6th P.M. in Routt County, Colorado. The dam is located 2530 feet from the South line and 1000 feet from the East line of said Section 16. The Villages of Hayden Pond No. 6: The Villages of Hayden Pond No. 6 is located in the NW1/4SE1/4 of Section 16, T6N, R88W of the 6th P.M. in Routt County, Colorado. The dam is located 1910 feet from the South line and 2300 feet from the East line of said Section 16. Source of Water: As stated in the 03CW54 Decree of the Water Court: Well No. HS-JR#1: Ground water tributary to Dry Creek and the Yampa River. Well No. HS-JR#2 (a/k/a Dry Creek Well #31-1): Ground water tributary to Dry Creek and the Yampa River. The Villages of Hayden Pond No. 4 (a/k/a Lake View Dam): Dry Creek, a tributary of the Yampa River and ground water produced by Well No. HS-JR#1 and Well No. HS-JR#2. The Villages of Hayden Pond No. 5: Dry Creek, a tributary of the Yampa River and ground water produced by Well No. HS-JR#1 and Well No. HS-JR#2. The Villages of Hayden Pond No. 6: Dry Creek, a tributary of the Yampa River and ground water produced by Well No. HS-JR#1 and Well No. HS-JR#2. Appropriation Date and Amount of Water: As stated in the 03CW54 Decree of the Water Court: Well No. HS-JR#1: October 21, 2003 (domestic uses associated with 2,969 residential units; the irrigation of up to 445 acres of lawns and gardens, a 145 acre tree nursery, and 110 acres of athletic fields; stock watering for 65 head of livestock; commercial; wildlife watering; and fire protection), August 31, 2005 (stock watering for 335 head of livestock). Amount: 1000 g.p.m. (2.22 c.f.s.). Well No. HS-JR#2 (a/k/a Dry Creek Well #31-1): September 29, 2002 (domestic uses associated with 2,969 residential units; the irrigation of up to 445 acres of lawns and gardens, a 145 acre tree nursery, and 110 acres of athletic fields; stock watering for 65 head of livestock; commercial; wildlife watering; and fire protection), August 31, 2005 (stock watering for 335 head of livestock). Amount: 1500 g.p.m. (3.33 c.f.s.). The Villages of Hayden Pond No. 4 (a/k/a Lake View Dam): September 29, 2002 (piscatorial, aesthetic, recreational, irrigation, fire protection, replacement and augmentation), August 31, 2005 (stock water and domestic). Amount: 19 a.f. The Villages of Hayden Pond No. 5: September 29, 2002 (piscatorial, aesthetic, recreational, irrigation, fire protection, replacement and augmentation), August 31, 2005 (stock water and domestic). Amount: 2.3 a.f. The Villages of Hayden Pond No. 6: September 29, 2002 (piscatorial, aesthetic, recreational, irrigation, fire protection, replacement and augmentation), August 31, 2005 (stock water and domestic). Amount: 285 a.f. Uses: As stated in the 03CW54 Decree of the Water Court: Well No. HS-JR#1: Domestic uses associated with 2,969 residential units; the irrigation of up to 445 acres of lawns and gardens, a 145 acre tree nursery, and 110 acres of athletic fields; stock watering for 65 head of livestock; commercial; wildlife watering; fire protection; and stock watering for 335 head of livestock. Depth: 1300 feet. Well No. HS-JR#2 (a/k/a Dry Creek Well #31-1): Domestic uses associated with 2,969 residential units; the irrigation of up to 445 acres of lawns and gardens, a 145 acre tree nursery, and 110 acres of athletic fields; stock watering for 65 head of livestock; commercial; wildlife watering; fire protection; and stock watering for 335 head of livestock. Depth: 3086 feet. The Villages of Hayden Pond No. 4: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. The Villages of Hayden Pond No. 5: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. The Villages of Hayden Pond No. 6: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. Detailed Outline of what has been done toward completion of for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: $1,500,000.00 has been spent in constructing the infrastructure, including the domestic water system, (pipelines, taps, hydrants, holding tanks, filtration systems, measuring devices, etc.) necessary to distribute the water across the development for the decreed uses. The Villages of Hayden Pond #4 has been filled to 19 acre feet and is currently being leased by the Town of Hayden for recreational uses. 198 acres are being irrigated (map on file). The Villages of Hayden Pond # 6 has been filled to 10 acre feet. Stock watering for 260 cattle per year occurred in the years 2009, 2010, 2011 and 2012. Five homes have been completed on Johnson Ranch (there are eighteen, thirty-five acre lots) and they are serviced by the water system, including water for fire protection. Two homes have been built on Hidden Springs Ranch and one is under construction (there are twenty-eight, five acre lots) and they are serviced by the water system, including water for fire protection. Each home uses approximately 150,000 gallons of water per year. Middle HSR Pond, Upper HSR Pond and Brock Reservoir have been completed. Brock Reservoir is only partially filled due to issues in the construction of Brock Dam that Applicant plans to address in the future. If claim to make absolute in whole or in part: Well No. HS-JR#1: 80 g.p.m. (0.1782 c.f.s) absolute; 920 g.p.m. (2.0498 c.f.s.) conditional. Well No. HS-JR#2 (a/k/a Dry Creek Well #31-1): 80 g.p.m. (0.1782 c.f.s) absolute; 1420 g.p.m. (3.1638 c.f.s.) conditional. The Villages of Hayden Pond No. 4 (a/k/a Lake View Dam): 19 a.f. absolute. The Villages of Hayden Pond No. 5: 2.3 a.f. conditional. The Villages of Hayden Pond No. 6: 10 a.f. absolute; 275 acre feet conditional (275 acre feet active capacity; 10 acre feet dead storage). Middle HSR Pond: 24.2 a.f. absolute. Upper HSR Pond: 70 a.f. absolute. Brock Reservoir: 73 a.f. absolute, 94.2 a.f. conditional. Date water applied to beneficial use: Well No. HS-JR#1: April 4, 2006. Well No. HS-JR#2 (a/k/a Dry Creek Well #31-1): March 6, 2006. The Villages of Hayden Pond No. 4 (a/k/a Lake View Dam): March 27, 2006. The Villages of Hayden Pond No. 6: March 27, 2006. Middle HSR Pond: March 27, 2006. Upper HSR Pond: May 15, 2006. Brock Reservoir: May 25, 2006. Use: Well No. HS-JR#1: Domestic use for 2 residential units, the irrigation of 10 acres of lawns and gardens and 198 acres for crops (alfalfa) (map on file), stock watering for 260 cattle and fire protection. Well No. HS-JR#2 (a/k/a Dry Creek Well #31-1): Domestic use for 5 residential units, the irrigation of 2.5 acres of lawns and gardens (map on file) and fire protection. The Villages of Hayden Pond No. 4 (a/k/a Lake View Dam): Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. The Villages of Hayden Pond No. 6: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. Middle HSR Pond: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. Upper HSR Pond: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. Brock Reservoir: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. Name and address of owner 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 and Albert Deepe, 412 High Meadow Ct, Box 502, Hayden, CO 81639 and Robinson Construction, 21360 NW Amberwood Drive, Hillsboro, OR 97124. 12CW30008 APPLICATION FOR FINDING OF REASONABLE DILIGENCE in ROUTT AND MOFFAT COUNTIES. Name of applicants: Tri-State Generation and Transmission Association, Inc. (“Tri-State”), Attn: Michael G. Sorensen, Senior Manager, Fuel and Water Resources, P. O. Box 33695, Denver, Colorado 80233-0695. (Timothy J. Beaton and Aaron S. Ladd, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306, (303) 443-8782.) Tri-State is the operator of the Craig Generating Station, and is acting in this matter on behalf of the owners of Units 1 and 2 of the Craig Generating Station, known as the “Yampa Participants”: PacifiCorp, an Oregon Corporation, d/b/a PacifiCorp Electric Operations (19.28% undivided interest); Platte River Power Authority, a Colorado Political Subdivision and Power Authority (18.00% undivided interest); Public Service Company of Colorado, a Colorado Corporation (9.72% undivided interest); Salt River Project Agricultural Improvement and Power District, an Arizona Agricultural Improvement District (29.00% undivided interest), Tri-State Generation and Transmission Association, Inc., a Colorado Non-Profit Corporation (24.00% undivided interest). Name of structure: Juniper Reservoir. Description of conditional water rights from previous decrees: Original decree: Entered September 1, 1960, as amended June 22, 1962, in Civil Action No. 1278, District Court of Moffat County, State of Colorado. Subsequent decrees: Timely applications for finding of reasonable diligence have been filed in compliance with Colorado law, and each such application was granted, continuing the subject conditional water right in full force and effect: Case Nos. W-10, entered on May 26, 1971; W-144-76, entered November 14, 1979; 85CW107, entered on January 13, 1986; 89CW101, entered on August 30, 1990; 96CW62, entered on June 8, 1998; and 04CW26, entered on November 25, 2006. All of these cases were adjudicated in the District Court for Water Division No. 6, State of Colorado. Location: The initial point of survey is located on the left abutment of the proposed dam at a point whence the West Quarter Corner of Section 17, Township 6 North, Range 94 West of the 6th Appropriation date: June 8, 1954. Source: Yampa River and its tributaries. Amount: The Yampa Participants own 8,310 acre-feet, CONDITIONAL, decreed to Juniper Reservoir. Uses: Irrigation, domestic, municipal, stockwatering, industrial, generation of electric energy, piscatorial and recreational purposes. Change of water right decree: The decree entered May 8, 1981 in Case No. 79CW110, District Court for Water Division No. 6, State of Colorado, changed, inter alia, the subject conditional water right to an alternate place of storage in the existing Elkhead Creek Reservoir, which is described below: Source: Elkhead Creek. Decreed location: The initial point of survey of the high water line of Elkhead Creek Reservoir is located at a point whence the South Quarter Corner of Section 16, Township 7 North, Range 89 West of the 6th P. feet. Map: A map of Juniper Reservoir and Craig Generating Station is attached to the application as Exhibit A. A detailed outline of work and expenditures toward completion of the appropriation and application of the water to beneficial use is included in the application: The 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 are contained in the application. 12CW30009 ROUTT COUNTY – Dry Creek, Tributary to the Yampa River, and Groundwater Tributary Thereto. FIRST AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Applicant Information: 4S Development, LTD., LLLP and Weroco Water Company, LLC; c/o Mark Sills, 721 Estates Blvd, Grand Junction, CO 81505; c/o Robert M. Noone, Esq., The Noone Law Firm, P.C., P.O. Box 39, Glenwood Springs, CO 81602. Claim for finding of reasonable diligence: Structures: Well No. HS-JR#l, Well No. HS-JR#2, The Villages of Hayden Ponds Nos. 4 – 6. Original Decree: Division 6 Water Court in Case No. 2003CW54, November 29, 2006. Conditional Rights Descriptions: Well No. HS-JR#l: Location: NW¼NE¼, Sec. 31, T.6N., R.88W., 6th P.M. Source: Ground water tributary to Dry Creek and the Yampa River. Appr. Date: September 29, 2002 and August 31, 2005 for stock watering. Depth: 1,300 ft. Amount/Use: 1000 g.p.m., cond., for dom. use in 2,969 residential units, irr. of up to 445 ac. of lawns and gardens, a 145 ac. tree nursery, and 110 ac. of athletic fields, stock and wildlife watering, commercial, and fire protection. Well No. HS-JR#2: Location: NE¼NE¼, Sec. 31, T.6N., R.88W., 6th P.M. Source: Ground water tributary to Dry Creek and the Yampa River. Appr. Date: September 29, 2002 and August 31, 2005 for stock watering. Depth: 3,086 ft. Amount/Use: 1500 g.p.m., cond., for dom. use in 2,969 residential units, irr. of up to 445 ac. of lawns and gardens, a 145 ac. tree nursery, and 110 ac. of athletic fields, stock and wildlife watering, commercial, and fire protection. The Villages of Hayden Ponds No. 4: Location: SE¼NE¼, Sec. 16, T.6N., R.88W., 6th P.M. Source: Dry Creek and ground water produced by Wells No. HS-JR#l and HS-JR#2. Appr. Date: September 29, 2002 and August 31, 2005 for stock watering and domestic. Amount/Use: 19 a.f., cond., for stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement. The Villages of Hayden Ponds No. 5: Location: SE¼NE¼, Sec. 16, T.6N., R.88W., 6th P.M. Source: Dry Creek and ground water produced by Wells No. HS-JR#l and HS-JR#2. Appr. Date: September 29, 2002 and August 31, 2005 for stock watering and domestic. Amount/Use: 2.3 a.f., cond., for stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement. The Villages of Hayden Ponds No. 6: Location: SE¼NE¼, Sec. 16, T.6N., R.88W., 6th P.M. Source: Dry Creek and ground water produced by Wells No. HS-JR#l and HS-JR#2. Appr. Date: September 29, 2002 and August 31, 2005 for stock watering and domestic. Amount/Use: 285 a.f., cond., for stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement. Outline of Diligent Effort to Complete Appropriation: During the diligence period, the Applicant has expended in excess of $800,000.00 in development costs and fees incurred in developing this integrated water supply system, including installing the infrastructure required to deliver domestic water to residential lots, where water is currently being used for domestic purposes in 5 homes. The Applicant has also amended the well permits for Well No. HS-JR#l and Well No. HS-JR#2 so that the wells could be operated in accordance with the original decree. The Applicant also retained the services of the Noone Law Firm, P.C., to monitor water rights for potential adverse impacts to the conditional water rights. Name and address of owner of the land upon which the structures are located: Albert and Kathy Deepe, PO Box 502, Hayden, CO 81639; Lake Village Owners Association One, Inc., PO Box 772428, Steamboat Springs, CO 80477; Joseph and Jamie Knez, PO Box 462, Hayden, CO 81639. (12 pp., incl. 3 Ex.) You are hereby notified that you will have until the last day of DECEMBER, 2012 to file with the Water Court a Verified Statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, P.O. Box 773117, Steamboat Springs, CO 80477. ROUTT COUNTY COMBINED COURT WATER DIVISION 6 By: /s/ Melissa A. Rogers Deputy Court Clerk