DISTRICT COURT, WATER DIV. 6, COLORADO
TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 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 DIV. 6, during
the month of FEBRUARY, 2009.
1. 08CW75 (02CW10, 95CW66) ROUTT COUNTY Application for Finding of Diligence.
Applicant: Thomas A. Ghiglia, 17205 Oak Ave., Atascadero, CA 93422 805-438-3557,
805-550-3394. Map in Court file. Name of structure: Circle V 1. Type: Spring. Date of
original decree: Jan. 31, 1996. Case No. 95CW66. Court: Routt. Legal description: SE4,
NW4, Sec 35, T4N, R85W, 6th PM, 2450 ft from N and 1500 ft from W Sec Line. Source:
Jack Creek of Yampa River. Appropriation date: June 16, 1995. Amount: 15 gpm. Use:
Domestic and livestock. Provide a detailed outline of what has been done toward
completion: Had Brad Hofer from All Terrain Excavation improve the spring. Cost approx
$12,000, next summer plan to have water tested and put in permanent pump and water tank
to living area. At present time water is being used for livestock and home use other than
drinking. At present time we are using the Honda portable pump that we bought.
Landowner: Applicant.
2. 08CW77 (01CW68, 95CW21, W-1502-78, W-1256-77) ROUTT COUNTY Application
for Finding of Reasonable Diligence. Applicant: Twentymile Coal Company, c/o Anne J.
Castle, William H. Caile, Holland & Hart, P.O. Box 8749, Denver, CO 80201 303-2958000. Name of structures: (a) William H. Jones Ditch, First Enlargement (b) Jefferson
Ditch, First Enlargement (c) Boettler Ditch, Second Enlargement (d) Energy Fuels Reservoir
No. 2. From previous decrees: (a) William H. Jones Ditch, First Enlargement: Date of
original decree: May 14, 1980 Case No. W-1256-77, Water Division No. 6. Loaction: The
left and west bank of Trout Creek near the NW4 SW4 Sec 7, T5N, R85W, 6th PM. Source:
Trout Creek. Appropriation Date: December 1, 1977. Amount: 125.0 cfs, reduced from
248.34 cfs in Case No. 88CW029. Use: Irrigation, fish propagation, domestic, municipal,
industrial, commercial, mineral processing, suppression of fugitive dust, electrical
generation, fire prevention, stock watering, exchange, substitution, replacement and
augmentation in connection with other water rights of Applicant, including storage in Energy
Fuels Reservoir No. 2 and later diversion for any of the above uses. (b) Jefferson Ditch, First
Enlargement: Date of original decree: May 14, 1980. Case No. W-1256-77, Water Division
No. 6. Location: The left bank of Trout Creek at a point whence the SE Cor. Sec 36, T6N,
R86W, 6th PM bears S26º13’W 80 ft. Source: Trout Creek. Appropriation date: December
1, 1977. Amount: 196.0 cfs, reduced from 246.0 cfs in Case No. 88CW029. Use: Same as
William H. Jones Ditch, First Enlargement. (c) Boettler Ditch, Second Enlargement: Date
of original decree: May 14, 1980. Case No. W-1256-77, Water Division No. 6. Location: A
point on the left or west bank of Fish Creek whence the NE Cor. Sec 10, T5N, R86W, 6th PM
bears N6lº 44’E 1400 ft. Source: Fish Creek. Appropriation date: December 1, 1977.
Amount: 144.0 cfs. Use: Same as William H. Jones Ditch, First Enlargement. (d) Energy
Fuels Reservoir No. 2: Date of original decree: May 14, 1980. Case No. W-1256-77, Water
Division No. 6. Location: From the NW Cor Sec 6, T5N, R85W, 6th PM to the east point of
dam, S59º36’22”E 1251.53 ft, from the same NW cor to the west point of dam, S29º57’07”E
1389.37 ft. Source: Diversions from Fish Creek and Trout Creek through the ditches
described above, among others. Appropriation date: July 8, 1977. Amount: 30,000 acre feet
(with right to fill and refill whenever water is available). Use: Irrigation, fish propagation,
domestic, municipal, industrial, commercial, mineral processing, suppression of fugitive
dust, electrical generation, fire prevention, stock watering, exchange, substitution,
replacement and augmentation in connection with other water rights of Applicant. Detailed
outline of what has been done toward completion: (a) In Case No. 01CW68, by decree dated
November 18, 2002, this Court granted the prior application for a finding of reasonable
diligence and continued the conditional water rights that are the subject of this application in
full force and effect. The decree in that case required that an application for a finding of
reasonable diligence be filed on or before the last day of November, 2008. (b) The
conditional water rights that are the subject of this application are integral parts of
Applicant’s augmentation plan decreed in Case No. W-1502-78, Water Division 6. The
decree for the augmentation plan provides in part as follows: “All of the water rights and all
of the structures described herein, including those to be constructed at any alternate points of
diversion or places of storage, are part of one water system, so that for purposes of showings
of reasonable diligence with respect to the conditional water rights included herein, work
performed and expenses incurred by [Applicant] in connection with any of the water rights,
structures and alternate points of diversion or places of storage shall be considered to be in
furtherance of the application of each of the conditional water rights to beneficial use.” (c)
Applicant has incurred expenses in connection with the potential operation of the
augmentation plan, including legal expenses. Without limitation, Applicant has successfully
prosecuted diligence application and obtained decrees in Case Nos. 05CW12 and 02CW58,
Water Division 6, and has monitored the monthly water resume and filed statements of
opposition where necessary to protect its water rights. (d) Applicant completed a
comprehensive inventory and assessment of all existing irrigation ditches/structures during
the summer and fall of 2006, which included: (i) Computer and follow-up search of State
Engineer records for all associated ditches and associated water rights. (ii) GPS survey of
ditches/structures. (iii) Assessment of existing condition and maintenance requirements,
together with related documentation on field reporting forms. (iv) Photo documentation of
identified maintenance issues. (v) Data input to Twentymile GIS system of all field data. (vi)
Development of data plots for each ditch and associated structures, showing location,
alignment, features, and maintenance requirements on aerial photo image. (vii) Assembly and
organization of inventory/assessment data for quick reference and use in prioritizing and
implementing ongoing ditch maintenance program. (e) Twentymile initiated an ongoing
ditch maintenance program in 2007, matching prioritized ditch maintenance needs with
available funding for maintenance activities. Ditch maintenance activities completed to date
include: (i) Completion of identified repair and maintenance items for Jefferson Ditch,
including rebuilding and resetting of the headgate, cleaning and enlarging cross-section of
ditch. (ii) Completion of identified repair and maintenance items for Jones Ditch, including
cleaning and enlarging cross-section of ditch. (iii) Maintenance is scheduled to begin in 2009
for the Boettler Ditch, based on Twentymile’s current maintenance schedule as described
above. (iv) The repair and enlargement of ditches referred to above has increased the
capacities of those ditches to divert and carry both appropriated water under the existing
absolute rights and all, or a portion of, the water addressed by the conditional water rights
that are the subject of this application. (f) Site investigations, including geotechnical
foundation and borrow source investigations, were completed during 2007 by Peabody
Energy Corporation (“Peabody”), Twentymile’s parent company, for the design and
construction of the Energy Fuels No. 2 Reservoir. Test borings were completed to evaluate
foundation conditions and material suitability to build the reservoir. Peabody is currently
proceeding with the evaluation, planning, and land negotiations in preparation for design of
the reservoir. (g) System improvements are ongoing. Substantial additional work is in
progress or scheduled for the near future, including without limitation the work on Energy
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fuels No. 2 Reservoir described in paragraph 4(f) above. (h) Total expenditure in time and
money for all of the above work in the past six years is difficult to estimate, but is
conservatively estimated to be at least $65,700. (i) Applicant reserves the right to offer
additional evidence of diligence if such becomes necessary or appropriate. Landowners:
Twentymile Coal company, 29515 RCR 27, Oak Creek, SO 80467; Orton, Paul and Susan,
PO Box 880856, Steamboat Springs, CO 80488; Ludlow’s Mountainview Ranch, 34115
RCR 33, Steamboat Springs, CO 80487. Applicant’s continued work toward development
of its integrated water supply system, as described herein, constitutes reasonable diligence
toward the completion of the appropriation of the conditional waer rights that are the subject
of this application. Wherefore, Applicant respectfully requests that Court enter a decree
continuing the conditional water rights associated with the above-referenced structures in full
force and effect and in accordance with the original decree.
3. 08CW83 JACKSON COUNTY Application for Water Storage Right Applicant: Kristin
T. Gushurst, 1679 Kings Hill OL, P.O. Box 1132, Crestone, CO 81131 719-989-0813.
Name of reservoir: Diamond Pond. Legal description: SW4, NE4, Sec 21, T6N, R78W, 6th
PM, 2332 ft from N and 2333 ft from E sec line. Additional description: Were points
averaged? Yes. Northing 4481395M Easting 402612M. Source: Spring Spring, tributary
to Faulkner Draw of the Illinois River. Date of appropriation: June 1980. How
appropriation was initiated: Constructed dam to store spring water. Date water applied to
beneficial use: 1980±. Amount claimed: in acre ft 2.3 AF Absolute. If non-irrigation,
describe purpose: Recreational, swimming. Surface area of high water line: 2.3 AF. Max
height of dam: 8.9’ from stream channel to crest of spillway; 2.8’ freeboard. Length of dam:
178’. Total capacity of reservoir: 2.3 AF. Active capacity: 0 AF. Dead storage: 2.3 AF.
Landowner: Applicant. We are aware, from talking with the water commissioner, that if the
reservoir needs to be administered to pass native flow that we may be required to breach the
dam or use a pump to pass this flow.
The following are amended applications previously published:
4. 07CW104 (00CW85) ROUTT COUNTY Amended Application for Sexennial Finding of
Due Diligence and Request to Make Conditional Water Rights Absolute Applicants:
Arthur James and Frances Arlene Callahan, c/o Mark J. Fischer, The Law Offices of Ralph
A. Cantafio, P.C., P.O. Box 774567, Steamboat Springs, CO 80477 970-879-4567. Name
of structure: Upper Buckhead Spring. Type: Spring. Name of structure: Upper Buckhead
Pond. Type: Reservoir. Describe conditional water right as to each structure: Date of
original decree: December 12, 2001. Case No. 00CW85. Court: Routt. Legal description:
Upper Buckhead Spring: SE4, SE4, Sec 9, T9N, R85W, 6th PM, approx 540 ft N of the S sec
line and 1140 ft W of the E sec line; Upper Buckhead Pond: SE4, SE4, Sec 9, T9N, R85W,
6th PM, approx 540 ft N of the S sec line and 1140 ft W of the E sec line. Both structures are
in Routt County, Colorado. Source: Upper Buckhead Spring: unnamed tributary of Elk
River, tributary to Yampa River; Upper Buckhead Pond: localized runoff tributary to the Elk
River and water from the Upper Buckhead Spring. Appropriation date: September 1, 2000
(for both structures). Amount of water: Upper Buckhead Spring: 0.10 cfs (conditional);
Upper Buckhead Pond: .65 AF (Conditional). Use: Upper Buckhead Spring: wildlife,
aesthetics and filling Upper Buckhead Pond; Upper Buckhead Pond: piscatorial, recreational,
wildlife, and aesthetics. Provide a detailed outline of what has been done toward
completion: Aug 2002 Developed spring, installed water pump, installed approx 300 ft of
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PVC pipe and electric wire to house location. Overflow from spring goes into pond for wild
game water. Overflow from pond goes into a system for Jim Vail’s house. If claim to make
absolute: Water applied to beneficial use: Upper Buckhead Spring: Amount 0.10 cfs. Uses:
wildlife, aesthetics and filling Upper Buckhead Pond. Upper Buckhead Pond: Amount .65
AF. Uses: piscatorial, recreational, wildlife, and aesthetics. Description of place where
water is applied to beneficial use: Applicants have put the conditional water rights to use and
such are being used at this time both to supply water to the pond and as water in the pond for
the purposes and for the uses set forth above. Landowner: Applicant. In May, 2002, Geoff
Kinne sold all his interest in the above-referenced water rights to Arthur James and Frances
Arlene Callahan. On December 7, 2007, attorney Claire Sollars filed on behalf of the
applicants a Motion for Transfer of Conditional Water Right and Change of Address which
was granted on March 3, 2008. Wherefore applicant respectfully request this Court issue its
order finding the applicants have exercised due diligence in developing the appropriation of
the conditional water rights, declaring that the conditional status of the water rights set forth
in this application is determined to be absolute, and enter the decree as requested herein.
You are hereby notified that you will have until the last day of APRIL, 2009 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, DIV. 6, P. O. Box 773117,
Steamboat Springs, CO 80477.
ROUTT COUNTY COMBINED COURT
WATER DIV. 6
By: /s/ Connie Strasheim
Court Judicial Assistant
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