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 JULY, 2014.
13CW15 Routt County, Amended Application for Water Rights (Surface); Applicant:
Margarethe Belle Zars, PO Box 1706, Hayden, CO 81639, (512) 300-3271; Structure: Belle’s,
Spring; UTM Coordinates: Northing, 4497079, Easting 312055, Zone 13; Legal Description:
R88W, S35, T8N, SE, SE, 6 PM; Distance from section lines 983 ft South, 646 ft East; Street
Address: 47111 RCR 80A; Source: Dry Fork Creek of Elkhead Creek of Yampa River; Date of
Appropriation: August 20, 2013; How appropriation was initiated: Perforated pipe and gravel;
Date water applied to beneficial use: August 20, 2013; Amount claimed: Conditional, 3 gpm,
Absolute, 3 gpm; Use or Proposed Use: livestock, absolute, Domestic, conditional; Nonirrigation purpose: Livestock, domestic; Landowner: Applicant; Map available at court
13CW29 Moffat County, Application for Absolute Water Rights (Surface); Applicant: Douglas
D. Camilletti and Janet R. Camilletti, 41380 N. Hwy 13, Craig, CO 81625, (970) 824-8935;
Structure: Hammong Spring #1; Legal Description: NE4, NW4, S20, T9N, R90W, 6 PM,
Distance from Section Lines: 425 ft N and 1560 ft W; Source of PLSS on all 3 structures: Office
of the State, Street address: 437 Yampa, Craig, CO; Source for 3 structures: unnamed tributary to
fortification to the Yampa River; Date of appropriation: 1968, Appropriation initiated: House
built in 1968 and livestock use started in 1968; Water applied to beneficial use: 1968; Amount
claimed: Absolute, 0.00445 cfs; Use or Proposed Use: Livestock for 40 head; Non-irrigation
Use: Spring is used for livestock; Structure: Hammong Spring #2: Legal description: SE4, SW4,
S17, T9N, R90W, 6 PM, Distance from Section Lines: 164 ft S and 1614 ft W; Date of
Appropriation: 1968, Appropriation initiated by: House built 1968 and livestock use started in
1968, Water applied to beneficial use: 1968; Amount claimed: Absolute-0.00668 cfs; Use or
Proposed Use: Livestock; Non-irrigation Use: Spring is for livestock; Structure: Hammong
Spring #3; Legal Description: SW4, SW4, S17, T9N, R90W, 6 PM, Distance from section lines:
72 ft S and 1149 ft W; Date of appropriation: 1968, Appropriation initiated by: House built 1968
and livestock use started in 1968; Water applied to beneficial use: 1968; Amount claimed:
Absolute, 0.01337 cfs; Use or Proposed Use: Domestic and livestock; Need for dependable water
supply for domestic use; Landowner: Applicants. Maps available at court
14CW7, Routt County, Application to make absolute; Applicants: David L. Smith and Kathleen
A. Smith, PO Box 461, Hayden, CO 81639, (970) 276-3805; Structure: Smith Ditch #2; Original
Date of Decree: September 13, 1999, Case # 98CW77, Water Division 6; Subsequent Decrees
awarding findings of diligence: July 10, 2008, Case #05CW37, Water Division 6; Legal
Description: NE4, NE4, S20, T5N, R88W, 6PM; East Line: 1285 ft, North Line: 253 ft; Source
of Water: Watering Trough Gulch tributary to Dry Creek tributary to Yampa River;
Appropriation Date: November 20, 1998; Appropriation Amount: .05 cfs; Use: Irrigation and
stock water; Outline of work toward completion or for completion of appropriation: Main ditch
from Watering Trough Gulch runs and a dirt dam or tarp in ditch placed to divert to Smith Ditch
#2 to use for 7 acres irrigation; Claim to Make Absolute, Date water applied to beneficial use:
May 1, 2001, Amount: .5 cfs, Use: Irrigation and Livestock; Description of place of use where
water is applied to beneficial use: 5 acres in NE4 of S20 and SW4 S17, East ½ of S16, All in
T5N, R88W of 6PM; PLSS Legal Description: Routt County, NE4, NE4, S20, T5N, R88W,
6PM; Distance from section lines: 253 ft from N and 1285 ft from E; Landowner: Applicants;
Maps on file with court.
14CW8 – Rio Blanco County, Application for Absolute Water Rights (Surface). Applicants:
Michael M and Mary L. Grady, 1525 CR7, Meeker CO 81641, 970-878-5487. Structure: Grady
Spring #1. Legal Description: UTM Coordinates Northing 245631, Easting 4437979. Zone 13,
Street Address 1533 CR7, Meeker, CO , Source of UTMs – computer; County Rio Blanco, NE4,
SW4, S18, T1N, R94W, 6TH PM, 1950 ft from South, 2500 ft from West, Source of PLSS-GPS,
Street address-same as above. Source: Tributary to White River. Appropriation: Date-04/2014;
How appropriation initiated-spring developed; Date applied to beneficial use-04/14; Amount
claimed – 10 gpm absolute. Use: Non-irrigation - livestock and domestic (household). See map
in Court file. Landowner: Strawberry Creek Ranch, PO Box 26, Woody Creek CO 81654.
14CW9 Routt County; Application for Absolute Water Storage Right; Applicant: Andy and
Georgia Reust, 25675 RCR 33A, Steamboat Springs, CO 80487, 970-870-6259; Structure: Reust
Pond #1, UTM Coordinates: Northing, 4482928; Easting, 335572; Zone 13; Street Address:
25675 RCR 33A; UTM Source: Garmin GPS; Legal Description: SE4, NE4, S17, T6N, R85W,
PM6; Source: Unnamed tributary of the Yampa River; Date of Appropriation: May, 2007;
Appropriation initiated: Constructed Pond; Date water applied to beneficial use: May, 2008;
Amount Claimed: Absolute: 1.1 acre ft; Rate of diversion in cubic feet per second for filling
reservoir from ditch: Absolute: .1 cfs; Proposed Uses: irrigation and livestock; Number of acres
irrigated historically: 2.0; Legal description of irrigated acreage: SE4, NE4 of S17, T6N, R85W;
Non-irrigation purpose: livestock (cows/horses); Surface area of high water line of dam: .4 acres;
Vertical height of dam: 7.1 ft; Length of dam: 190 ft; Total capacity of reservoir in acre feet: 1.1
acre ft; Dead storage: 1.1 acre ft; Structure: Reust Spring #1; UTM Coordinates: Northing
4482157; Easting: 335699; Zone 13; Source: handheld Garmin GPS; Legal Description: NE4,
SE4, S17, T6n, R85W, PM6; Source: unnamed tributary of the Yampa River; Date of
Appropriation: September, 2009; Appropriation initiated: Developed Spring; Date water applied
to beneficial use: June, 2010; Amount claimed: 2.0 gpm; Uses: livestock (cows/horses); Nonirrigation purpose: watering livestock; Landowner: Applicant; Maps with court file
14CW3020 (05CW39) Routt County, CO. APPLICATION FOR A FINDING OF
REASONABLE DILIGENCE. CONCERNING THE APPLICATION FOR WATER RIGHTS
OF THE CITY OF STEAMBOAT SPRINGS. DISTRICT COURT, WATER DIIVISION NO. 6,
STATE OF COLORADO, 1955 Shield Drive, P.O. Box 773117, Steamboat Springs, CO 80477.
1. Name and Address of Applicant: City of Steamboat Springs (the “City”) P.O. Box 775088,
Steamboat Springs, CO 80477. All pleadings should be directed to: Steven J. Bushong, Karen L.
Henderson, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302
(303) 443-6800. 2. Overview: By this application, the City seeks a finding of reasonable
diligence for 1.22 of the 2.0 cfs conditionally decreed to the Ninth Street Pumphouse Yampa
River Diversion. 3. Description of the Water Right and Structure: a. Name of Water Right: Ninth
Street Pumphouse Yampa River Diversion (“Ninth Street Pumphouse”). b. Original Decree: The
Ninth Street Pumphouse was decreed by the District Court in and for Water Division No. 6
(“Water Court”) in Case No. 99CW05 on October 25, 1999. c. Prior Diligence Decree: A finding
of reasonable diligence was entered by the Water Court in Case No. 05CW39 on July 7, 2008. d.
Legal Description of Structure: The point of diversion is located at a point in the NE¼ of the
NW¼ of Section 17, Township 6 North, Range 84 West of the 6th P.M., on the southwest bank of
the Yampa River 1,900 feet east of the West section line and 650 feet south of the North section
line of said Section 17. 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:
344304, Northing: 4483252. See Exhibit A. e. Source: Yampa River. f. Appropriation Date:
February 10, 1993. g. Amount: 2.0 cfs, of which 0.78 was made absolute in Case No. 05CW39
on July 7, 2008, and 1.22 cfs remains conditional. h. Uses: Expanded snowmaking at the
Howelsen Hill Ski Area. i. Remarks: In Case No. 99CW05, the Water Court granted an absolute
right for 1.0 cfs at the Ninth Street Pumphouse for irrigation at Howelsen Hill Park and
snowmaking at the Howelsen Hill Ski area with an appropriation date of November 30, 1991, as
well as the subject conditional right for 2.0 cfs for expanded snowmaking at the Howelsen Hill
Ski Area with an appropriation date of February 10, 1993. In Case No. 11CW05, the Water
Court decreed an additional 1.0 cfs conditional right to the Ninth Street Pumphouse Yampa
River Diversion, First Enlargement. Accordingly, a total of 4.0 cfs is decreed to the Ninth Street
Pumphouse. 4. Detailed outline of work done to complete project and apply water to beneficial
use. As part of a Joint Use Agreement with the Steamboat Springs Winter Sports Club, the City
is responsible for the operation, maintenance, repair, construction, reconstruction, and
replacement of the Howelsen Hill Ski Complex, including all trails, slopes, lifts, buildings,
structures, snowmaking equipment, grooming equipment, utilities, and parking areas. The water
provided by the Ninth Street Pumphouse is essential to the snowmaking operations at Howelsen
Hill. The City also receives requests each year for the terrain to open as soon as possible because
events are scheduled in early December. The City’s ability to consistently open the terrain as
early as possible is largely dependent on its snowmaking capabilities. The snowmaking system at
Howelsen Hill has and will continue to be improved through the phasing of capital
improvements. The snowmaking goal is to maximize the windows of colder temperatures that
allow for snowmaking by increasing flow capacity from 800 gallons per minute (“gpm”) to
1,800 gpm, improving infrastructure (pipe & electric), as well as maintaining state of the art
equipment, such as snowmaking guns. The ability to make snow prior to natural snowfall and to
supplement same provides benefits to all users of the Howelsen Hill Ski Complex, but
particularly for the Steamboat Springs Winter Sports Club. During the subject diligence period,
the City has diligently worked toward applying the Ninth Street Pumphouse water right to its
decreed use of expanded snowmaking at the Howelsen Hill Ski Area. Specifically, evidence of
the City’s diligence includes, but is not limited to, the following: a. The City spent approximately
$12,000 a year on maintenance expenses for the Ninth Street Pumphouse and the associated
infrastructure to allow snowmaking on Howelsen Hill. In addition to the annual maintenance, in
2010 the City repaired the snowmaking pump at a cost of approximately $14,609 and cleaned the
snowmaking system vaults at a cost of approximately $1,050. b. In July of 2011, the City
purchased four super polecat snow guns for $76,700, which includes a $16,000 value the City
received for trading in the older snow guns. c. Since July of 2008, the City spent approximately
$2.35 million making repairs and improvements to the Howelsen Hill Ski Area, including annual
lift maintenance; Phase I lighting and snowmaking improvements, including replacement of
alpine hill snowmaking mainline and snowmaking electric lines in 2008; repairing land impacted
by a slide near the K114 ski jump; repairing land impacted by a slide near the K90 ski jump in
2011; Phase II lighting improvements in 2011; constructing the K38 plastic ski jump and
installing the associated snowmaking infrastructure in 2012; electric lift and snowmaking repairs
in 2013; and repairing land impacted by landslides in 2013. d. The Howelsen Hill Ski Area
Master Plan dated May 25, 1999, revised May 25, 2005, calls for expanding the ski terrain east,
west, and north on Murri Peak, including a new lift to the top of Murri Peak; building a lift for
the tubing hill, building a lift to service the K68 ski jump take off; burying existing power
distribution lines and realigning the transmission line, which is crucial to the snowmaking
program; expanding skiing with wider runs; and infrastructure improvements, including lighting
and snowmaking, among other plans. By utilizing Murri Peak, the existing trails and existing
lifts would more than double ski terrain for intermediate and beginner skiers and riders, make the
area more attractive to locals and new skiers, as well as benefiting the Steamboat Springs Winter
Sports Club with a variety of training slopes. e. The City is working on obtaining possible grant
funding to help increase the snowmaking capacity from 800 gpm to 1,800 gpm. f. In addition, the
City recently announced plans to develop a new master plan for Howelsen Hill, which will
ensure the long-term plan for the area is consistent with and will meet the needs of the
community. For example, the City has received requests for additional terrain on Mile Run with
lifts, snowmaking, and lights. The subject 1.22 cfs of the Ninth Street Pumphouse water right
will provide the City with additional snowmaking capabilities at its Howelsen Hill Ski Area. The
ski area is an important part of the local economy and its success depends on the City’s ability to
ensure adequate snow coverage during the winter months. The City believes that it can and will
complete the appropriation of the Ninth Street Pumphouse within a reasonable time, and intends
to perfect this water right. 6. Name and address of the owner of the land on which the Subject
Water Right is located: The Ninth Street Pumphouse is located on land owned by the City of
Steamboat Springs, P.O. Box 775088, Steamboat Springs, CO 80477. (6 Pages)
14CW3021 Routt County, Application For Simple Change in Surface Point of Diversion
Pursuant to § 37-92-305(3.5), C.R.S. ; STRAWBERRY PARK, LTD., c/o Beth Findell Horner,
41780 CR 44, Steamboat Springs, CO 80487; (970) 870-0371. Sarah A. Klahn, White &
Jankowski, LLP, 511 Sixteenth Street, Suite 500, Denver, Colorado 80202; (303) 595-9441.
sarahk@white-jankowski.com. 2. Decreed water right for which change is sought: a. Name of
structure: Trull Ditch. b. Date of original and all relevant subsequent decrees: General
adjudication in In the Matter of the Adjudication of the Priorities of the Rights to use of water for
Irrigation in Water District No. 58, dated September 22, 1892, Routt County District Court
(“1892 Adjudication”). c. Headgate location from the 1892 Adjudication: Located on the left or
North Bank of Trull Creek on the S.E. 1/4 Section 30, Township 7 North, Range 65 West, 6th
P.M. whence the S.E. corner of said Section 30 bears S. 8° 30’ E. 27.75 chains in Routt County.
A map showing the decreed location of the Trull Ditch headgate is attached as Figure 1. d.
Decreed source of water: Trull Creek, a tributary to the Elk River, a tributary to the Yampa
River. e. Appropriation Date: May 27, 1884. f. Total amount decreed to structure: 1.66 cfs,
absolute. g. Decreed uses: Irrigation of 100 acres. h. Amount of water that Applicant intends
to change: 1.66 cfs, absolute. 3. Description of proposed change in surface point of diversion:
a. Statement of change: Strawberry Park will change the point of diversion for the Trull Ditch
from its decreed location to a new location on Trull Creek approximately 935 feet north of its
decreed location. Strawberry Park is not seeking any other type of change in these proceedings.
There are no intervening surface diversion points, points of replacement or diversions for
decreed exchanges, wells or well fields decreed to operate as surface diversions, decreed
instream flow rights or intervening points of inflow from a tributary surface stream between the
decreed headgate location and the proposed new point of diversion. The same acres that were
decreed and have historically been irrigated by the Trull Ditch will continue to be irrigated. The
change in point of diversion will therefore not increase the flow rate or amount of water diverted
at the new point of diversion and will not result in injury to any other decreed or conditional
water rights. b. Location of the new surface point of diversion: Located in the SE1/4 of the
NE1/4 of Section 30, Township 7 North, Range 85 West, 6th P.M. at a point 2,540 feet from the
north section line, and 545 feet from the east section line of said Section 30. The UTM
coordinates are 334303 east and 4489180 north, zone 13, NAD 1983. A map showing the
location of the Trull Ditch new point of diversion is attached as Figure 1. 4. Names and
addresses of owners or reputed owners of the land upon which any new diversion structure, or
modification to any existing diversion structure is or will be located: a. Strawberry Park, Ltd., at
the address in paragraph 1, above. (4 pages and 1 page exhibit).
You are hereby notified that you will have until the last day of SEPTEMBER, 2014 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