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
FEBRUARY, 2015.
15CW3006. IN RIO BLANCO COUNTY, COLORADO. APPLICATION FOR A SURFACE WATER
RIGHT. Concerning The Application For Water Rights Of Cross Mountain Ranch Limited Partnership
And Cyclone Ranch, Llc. District Court, Water Division No. 6, State Of Colorado, 1955 Shield Dr./P.O.
Box 177317, Steamboat Springs, CO 80477. 1. Name, Telephone, and Address of Co-Applicants: Cross
Mountain Ranch Limited Partnership, attention: Matt Boeddeker, c/o Transcontinental Corporation, 420
E. Carrillo Street, Santa Barbara, CA 93101, Phone: (805) 963-6851. All pleadings for Cross Mountain
Ranch Limited Partnership should be directed to: Michael F. Browning and Karen L. Henderson, Porzak
Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, Phone: (303) 443-6800. Cyclone
Ranch, LLC, c/o Mr. Thomas L. Benjamin, 167 Crisman, Boulder, CO 80302, Phone: (303) 444-2781.
All pleadings for Cyclone Ranch, LLC should be directed to: Richard A. Johnson and David F. Bower,
Johnson & Repucci LLP2521 Broadway, Suite A, Boulder, CO 80304, Phone: (303) 442-1900. 2.
Overview: By this application, Cross Mountain Ranch Limited Partnership and Cyclone Ranch, LLC
(collectively “Applicants”) claim a water right for the Egry Mesa Ditch, Cross-Cyclone Enlargement for
9.34 cfs, absolute, for irrigation, stock watering, and power generation purposes during the irrigation
season, and for 15 cfs, absolute, for stock watering and power generation purposes during the nonirrigation season, as set forth further below. 3. Description of the Water Right and Structure: (a) Name of
Water Right: Egry Mesa Ditch, Cross-Cyclone Enlargement. (b) Name of Diversion Structure: Egry
Mesa Ditch. i. Originally Decreed Legal Description: The originally decreed location for the headgate is
on the west bank of the Williams [Fork] River a tributary of the Bear or Yampa River, at a point whence
the SW corner of Section 36, Township 3 North, Range 88 West of the 6th P.M. bears north 8° 5ʹ 10ʺ
west 11,030 feet, being on unsurveyed land. ii. Legal Description of Point of Diversion: The location of
the headgate is in the SE1/4 of the SW1/4 of Section 12, Township 2 North, Range 88 West of the 6th
P.M., at a point 338 feet north of the south section line and 1,611 feet east of the west section line of said
Section 12, based on CadNSDI PLSS data from the BLM. For ease of reference, this point of diversion
can also be located as follows: UTM Coordinates NAD 83, Zone 13, Easting: 310491, Northing:
4446762. See Exhibit A. iii. Other Water Rights Decreed to the Structure: a. Egry Mesa Ditch was
decreed for 3 cfs for irrigation purposes by the Routt County District Court on February 7, 1916, as
Priority No. 109b, with an appropriation date of July 10, 1904. b. First Enlargement of the Egry Mesa
Ditch was decreed for 1.33 cfs for irrigation purposes by the Routt County District Court on February 7,
1916, as Priority No. 109aa, with an appropriation date of December 28, 1904. c. Godare Ditch was
decreed for 1.33 cfs for irrigation and domestic purposes by the Moffat County District Court on August
5, 1921, with an appropriation date of July 21, 1915. This water right was transferred to the Egry Mesa
Ditch by the District Court in and for Water Division No. 6 (“Water Court”) in Case No. W-311 on
February 26, 1973. d. Egry Mesa Ditch, Second Enlargement was decreed for 12 cfs for irrigation and
livestock purposes by the Water Court in Case No. W-785-74 on November 7, 1975, with an
appropriation date of December 28, 1904. e. Reader Ditch was decreed for 2.25 cfs for irrigation
purposes by the Routt County District Court on February 5, 1916, as Priority No. 102aa, with an
appropriation date of June 4, 1900. This water right was decreed to alternately divert at the Egry Mesa
Ditch by the Water Court in Case No. W-787-74 on November 7, 1975. f. Egry Mesa Ditch, [Third]
Enlargement was decreed for 3.0 cfs for power generation, livestock watering, and domestic purposes by
the Water Court in Case No. 87CW124 on May 10, 1989, with an appropriation date of August 12, 1985.
(c) Source: East Fork of Williams Fork River, tributary to Williams Fork River, tributary to the Yampa
River. (d) Amounts and Uses: 9.34 cfs, absolute, for irrigation, stock watering, and power generation
during the irrigation season. 15 cfs, absolute, for stockwatering and power generation during the nonirrigation season. Each Applicant owns an undivided 50% interest in the claimed water right. (e) Place of
Use: The relevant properties of Applicants shown on Exhibit B. The subject water right irrigates and/or
provides supplemental irrigation to all of the irrigable acreage on the subject properties. A map showing
the approximately 840 acres irrigated in 2011 is shown on Exhibit B. (f) Appropriation Dates: June 15,
2007, for irrigation, stock watering, and power generation during the irrigation season, for all 9.34 cfs
claimed. October 2, 1990, for stockwatering and power generation during the non-irrigation season, for
11.5 cfs claimed, and October 1, 2010, for stockwatering and power generation during the non-irrigation
season, for the additional 3.5 cfs claimed. i. How appropriation was initiated: Appropriation was initiated
by the formation of requisite intent, coupled with actions manifesting such intent sufficient to put third
parties on notice, including by diverting water in the amounts and for the uses claimed as set forth in this
application. ii. Date water first applied to beneficial use: See the appropriation dates in paragraph 3(f)
above. Diversion records supporting these dates of first beneficial use are attached hereto as Exhibit C.
4. Relation Back of Filing Date: Pursuant to C.R.S. § 37-92-306.1, the filing date for this application
relates back to December 18, 2014, which is the date a prior application was filed by Williams Fork East,
LLC in Case No. 14CW3037 involving the same source of water and the same point of diversion as the
water right claimed herein. Applicants filed timely statements of opposition to Case No. 14CW3037, and
this application is filed within sixty days of the prior application. 5. Land Ownership: The point of
diversion for the Egry Mesa Ditch is located on land owned by the United States Forest Service, 317
Market Street, Meeker, CO 81641. (10 pages w/ exhibits)
15CW3007 ROUTT COUNTY. Morrison Creek, trib. to the Yampa River. Application for Finding of
Reasonable Diligence. Applicant, Upper Yampa Water Conservancy District, c/o Scott Grosscup,
Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure:
Little Morrison Diversion, Little Morrison Diversion Alt. Pt. Decree information: Case No. 94CW149,
Dist. Court, Water Div. No. 6, 3/18/1998, as corrected on 7/14/2003. Subsequent decree finding
reasonable diligence: Case No. 04CW10. Decreed location: Little Morrison Diversion: SE1/4, SW1/4,
Sec. 14, T. 3 N., R. 84 W., 6th P.M. at a pt. 400 ft. from the S. line and 1500 ft. from the W. line of Sec.
14. Little Morrison Diversion Alt. Pt.: N1/2, NE1/4, NW1/4, Sec. 23, T. 3 N., R. 84 W., 6th P.M., 300 ft.
S. of the N. Sec. line and 1950 ft. E. of the W. Sec. line of Sec. 23. Approp. Date: 12/30/1994. Amt: 50
c.f.s., cond. Use: Mun., ind., dom., irr., stock watering, power production, rec., fishery and aesthetic
purposes, and for use by exchange or for aug. purposes, including diversion into Little Morrison Creek for
such uses, including later releases from storage for such uses. Limitation: The Little Morrison Diversion,
Little Morrison Diversion Alt. Pt. water right is cond. decreed subject to the condition that the Upper
Yampa Water Conservancy District shall not divert water from Morrison Creek at either decreed pt. of
diversion if such diversion would reduce the stream flow immediately below the pt. of diversion below 15
c.f.s., provided that this limitation shall not apply to any Alt. pt. of diversion where the headgate is
located outside T. 3 N., R. 84 W., 6th P.M. decreed by the Court in a change case. During the diligence
period preceding the filing of this Application, Applicant expended resources and conducted such
activities that constitute a steady application of effort to complete the Approp. in a reasonably expedient
and efficient manner under all the facts and circumstances. Owner of land upon which structures are
located: Little Morrison Diversion may be located on land owned by Betty Jane Lay & Hattie Miles,
21090 County Road 16, Oak Creek, CO 80647 and/or Brant & Brenda Demuth, 9879 Sara Gulch Circle,
Parker, CO 80138, depending upon final construction; Little Morrison Diversion Alt. Pt. may be located
on land owned by James & Linda Noll, 20755 County Road 16, Oak Creek, CO 80467 and/or Dennis &
Janet Stamp, P.O. Box 771216, Steamboat Springs, Co 80477, depending upon final construction.
15CW3008 (06CW62) ROUTT COUNTY Application For Finding Of Diligence And To Make
Absolute Water Rights. Names and Addresses and Telephone Number of Applicant: Keith Poole 50758
RCR 56A Steamboat Springs 80487 (970) 879-1155 Send Pleadings to: Margaret O’Donnell The Law
Firm of Margaret O’Donnell PO Box 773572 Steamboat Springs, CO 80477 (970) 879-2104 I.
Application To Make Absolute And For Finding Of Reasonable Diligence A. Surface Water Rights:
Applicant seeks a finding that the following water rights have been made absolute by virtue of their
application to beneficial use, as follows: 1. Name of structures: Dingo Spring, Zephyr Spring, Dalton
Spring, Mariah Spring. 2. Describe conditional water rights (as to each structure) including the following
information from previous decree: A. Date of original decree: January 16, 2009, Amended February 9,
2009, for all structures. Case No. 2006CW62 Court: Routt County District Court, Water Division No. 6
B. List of all subsequent decrees awarding findings of diligence: N/A C. Legal description, source,
appropriation date, date of beneficial use, amount, use:
Structure
Legal
Source**
Appropriation
Date of Beneficial
Description*
Date
Use/Use/Amount
Dingo Spring
NE1/4SW1/4, Sec. Cantrell Creek,
12/30/1976
12/30/1976
4, 1739 ft. FTW,
trib. to Smith
stock watering,
1553 FTS
Creek, trib. to
wildlife watering
Northing:
Deep Creek
.022cfs, 10 gpm
4504996
Easting: 327330
Zephyr Spring
SE1/4SW1/4, Sec. S. branch Cantrell July 23, 1991
July 23, 1991
4, 2621 ft. FTW,
Creek, trib. to
stock watering,
39 FTS
Smith Creek, trib.
wildlife watering
Northing:
to Deep Creek
0.022 cfs, 10 gpm
4504530
Easting: 327580
Dalton Spring
NE1/4SE1/4, Sec. Spring, trib. to
12/30/1976
12/30/1976,
4, 1184 ft. FTE,
Smith Creek, trib.
for the absolute
1821 FTS
to Deep Creek
uses of stock
Northing:
watering, wildlife
4505065
watering
Easting: 328051
July 31, 2010 for
the conditional use
of irrigation
0.033 cfs, 15gpm
Mariah Spring
NE1/4SE1/4, Sec. Spring, trib. to
July 23, 1991
July 23, 1991
4, 726 ft. FTE,
Smith Creek, trib.
stock watering,
1879 FTS
to Deep Creek
wildlife watering
Northing:
0.033 cfs, 15gpm
4505080
Easting: 328191
*all structures are located in Twp. 8N., R. 86W, 6th P.M., Routt County. Zone 13; ** all sources are
tributary to the Elk River. B. Storage Water Rights: Applicant seeks a finding that the following water
right has been diligently pursued during the diligence period and should continue in full force and effect
as a conditional water right; 1. Name of Reservoir: Cantrell Creek Reservoir 2. Describe conditional
water rights (as to each structure) including the following information from previous decree: A. Date of
original decree: January 16, 2009, Amended February 9, 2009 Case No. 2006CW62, Court: Routt County
District Court, Water Division No. 6 B. List of all subsequent decrees awarding findings of diligence:
N/A C. Legal description: located in the SE1/4SW1/4, Sec. 4, 2580 ft. from the West section line and 957
feet from the South section line, Twp. 8N., R. 86W, 6th P.M., Routt County. Northing: 4504810 Easting:
327579 Zone 13 D. Source: Cantrell Creek, tributary to Smith Creek, tributary to Deep Creek, tributary to
the Elk River E. Appropriation Date: July 23, 1991 F. Amount: 4 acre feet, right of fill and refill G. Uses:
wildlife watering, domestic, irrigation, stock watering, piscatorial, augmentation, recreational uses,
evaporation, fire suppression 4. Provide a detailed outline of what has been done for completion of the
appropriation and application of water to a beneficial use as conditionally decreed, including expenditures
during the previous diligence period. A. Surface Water Rights 1. Dingo Spring: Dingo Pond has stored
water from Dingo Spring since 12/30/1977 for the subsequent uses of stock watering and wildlife
watering. For example, during the diligence period, the Applicant watered approximately 62 cow/calf
pairs in 2014, 85 cow/calf pairs in 2013, 100 pair in 2012 and 2011, 142 cow/calf pair in 2010 and 126
pair in 2009. 2. Zephyr Spring: Zephyr Spring fills Dalton Pond for the subsequent uses of stock watering
and wildlife watering. The above described numbers of livestock have watered at Dalton Pond during the
diligence period. 3. Dalton Spring: The Applicant developed Dalton Spring in 2010 by digging out the
spring and running a pipeline to a stock water tank below the spring where the water was stored for
subsequent irrigation use. Applicant spent approximately $4,350 towards developing the spring, the
purchase and installation of the storage tank and related plumbing supplies. 4. Mariah Spring: Applicant
has put Mariah Spring to beneficial use for stock watering and livestock use since July 23, 1991. B.
Storage Water Right 1. Cantrell Creek Reservoir: during the diligence period, Applicant spent
approximately $700 in survey fees incurred in trying to determine the best location for the dam and
design of the reservoir. See Map, attached as Exhibit A, for all structures and irrigated acreage. 5. Name
and address of owners or reputed owners of the land upon which any new diversion or storage structure
will be stored. Applicant 6. Remarks: Applicant requests a Decree which: A. Finds that all notice and
jurisdictional requirements have been met, including and without limitation, those as required pursuant to
C.R.S. Section 37-92-302; B. Confirms and decrees that the above-described rights for Dingo Spring,
Zephyr Spring, Dalton Spring, and Mariah Spring have been put to absolute use in the amounts and for
the uses described herein, and that due to this beneficial use, they are hereby decreed to be absolute water
rights; C. In the alternative, makes a finding that Applicant has diligently pursued the above-described
water rights and that they will continue as conditional water rights in full force and effect; D. Makes a
finding that Applicant has made reasonable efforts toward completing the appropriation for Cantrell
Creek Pond during the diligence period and confirms and decrees that this water right will continue in full
force and effect as a conditional water right; E. Makes a finding that the above-described water rights
comprise an integrated system and that diligence proved with respect to one water right is evidence of
satisfactory diligence for all the water rights that comprise the system. F. Grants to Applicant such other
relief as the Court deems just and proper.
You are hereby notified that you will have until the last day of APRIL, 2015 to file with the Water Court
a Verified Statement of Opposition, setting forth facts as to why a certain Application should not be
granted or why it should be granted only in part or on certain conditions. A copy of such Statement of
Opposition must be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of
such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the
Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, P.O.
Box 773117, Steamboat Springs, CO 80477.
MARY ANN NINGER
CLERK OF COURT
ROUTT COUNTY COMBINED COURT
WATER DIVISION 6
/s/ Sharon Martin
Deputy Court Clerk