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 June, 2014.
14CW6 MOFFAT COUNTY - Application to Make Absolute. Applicant Mary Jo Barnes, PO
Box 40, Hayden, CO 81639, 970-276-3408. Structure: RV Well #1; Date of original decree07/07/08, 04CW39. Legal Description: SE4 of NE4, Sec 1, T6N, R92W, 6PM, Moffat County.
Source: Bogenschutz Creek tributary to Yampa River. Appropriation Date: 10/5/04; Amount:
.0167 cfs; Use: livestock, Depth (of well) 20 ft. Outline of what has been done for completion of
appropriation: watering livestock (sheep and cattle). Claim to Make Absolute: Date applied to
beneficial use: 06/01/07; Amount: .0167 CFS; Use: livestock water. PLSS Description: Moffat
County, SE4 of NE4, Sec 1, T6N, R92W, 6PM, 1350 ft from N and 750 ft from E; Source of
PLSS information: Decree. Landowner is applicant. See Court file for map.
14CW3017 RIO BLANCO COUNTY- Application for Finding of Reasonable Diligence.
Applicant: Blue Mountain Energy, Inc., Attn: Scott Wanstedt, 3607 County Road 65, Rangely,
Colorado 81648, (970) 675-4322. Direct Pleadings to: Peter D. Nichols, Leah K. Martinsson,
BERG HILL GREENLEAF & RUSCITTI LLP, 1712 Pearl Street, Boulder, Colorado 80302. 2.
Description of Conditional Water Rights: A. Name of Structure: Deserado Mine Sediment
Pond RP-5. B. Date of Original Decree: March 15, 1994, Case No. 93CW219. C. Location:
The pond is located in the SW 1/4 SW 1/4 of Section 23, Township 3 North, Range 101 West of
the 6th P.M., Rio Blanco County, Colorado. The discharge point for such pond lies North 37º
27’ East 1100 feet from the southwest corner of said Section 23, Township 3 North, Range 101
West of the 6th P.M. Distance from section lines: the pond is located approximately 745 feet
North of the South line and 535 feet East of the West line of said Section 23, Township 3 North,
Range 101 West of the 6th P.M. The embankment is approximately 490 feet long and
approximately 5.5 feet high. The pond storage capacity (acre-feet) is as follows:
At Primary Spillway
At Emergency Spillway
Top of Embankment
Total Storage
10.8
14.3
17.7
Dead Storage
10.8
10.8
10.8
Active Storage
0.0
3.5
6.9
D. Source: Runoff from the Deserado Mine RP-5 disposal area and natural runoff tributary to
Red Wash, tributary to the White River. E. Appropriation Date: July 1, 1993. F. Amount:
10.0 acre feet (absolute); 11.43 acre feet (conditional). G. Use: Sediment control and
subsequent discharge of water associated with the Deserado Mine operations. H. Land
ownership information: The Applicant leases the land from the United States of America via
coal leases administered by the Bureau of Land Management, 73544 Highway 64, Meeker, CO
81641. 3. Most Recent Finding of Reasonable Diligence: In the last diligence proceeding
concerning the water right that is the subject of this Application, Case No. 06CW259 (Water
Div. 5), this Court ruled that reasonable diligence had been shown in the development of the
subject water right, and granted the application for a finding of reasonable diligence on July 2,
2008. 4. Application for Finding of Reasonable Diligence: Applicant seeks a finding of
reasonable diligence for the Deserado Mine Sediment Pond RP-5. Outline of Work Done
Toward Completion of Project and Application of Water to Beneficial Use: The conditional
water right, which is the subject of this Application, is an integral part of Applicant’s unified
water supply system plan, including the Gross-Nichols Ditch, the Moon Lake Pipeline, the Moon
Lake-Staley Mine Pipeline and Reservoir, the Enlargement of Moon Lake-Staley Mine Pipeline
and Reservoir, Deserado Mine Water System, Deserado Mine Water System Enlargement,
Deserado Mine Sediment Pond DP-1, Deserado Mine Sediment Pond RP-1, Deserado Mine
Sediment Pond RP-2/3, Deserado Mine Sediment Pond RP-4, and Railroad Loadout Loop
Sediment Pond, supporting development of its coal mining properties and that maintenance of
said right is necessary to ensure that water needs are met for the Deserado Mine and adjacent
properties. During the interval of time since this Court’s last finding of diligence, in continuing
the development of the water right that is the subject of this Application, Applicant has continued
development of Refuse Area 5A, runoff from which is stored in the subject water right. Work
performed to develop the subject conditional water right includes, but is not limited to: A. The
handling and transport of coal refuse material to the site as well as the spreading, compaction,
and general upkeep of the coal refuse storage facility. B. Expenditures by the Applicant during
this diligence period in connection with the above activities were in excess of $1,900,000. C.
Action in support of the Applicant’s unified water system, including monitoring of applications
for water rights which could adversely affect the Applicant’s water rights. An affidavit verifying
the above facts is attached hereto. WHEREFORE, Applicant prays this Court enter a decree: 5.
Finding that Applicant has exercised reasonable diligence in the development of the Deserado
Mine Sediment Pond RP-5 water right and continuing the conditional portion of such right in full
force and effect; and 6. Granting such other and further relief as the Court deems proper. (5
pages)
You are hereby notified that you will have until the last day of AUGUST, 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/ Sharon Martin
Deputy Court Clerk