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, 2010.
1. Case No. 08CW26 (01CW20) (94CW120) (88CW48) (84CW52) (2259),Rio Blanco
County, Application for Finding of Reasonable Diligence. Applicant: Yellow Jacket
Water Conservancy District c/o Trina Zagar-Brown, Cooley Zagar Brown PC. P.O.
Box 2440, Meeker, Colorado 81641. trina@cooleyzagarbrown.com. Name of, location
and Landowners for the Structures: Thornburgh Reservoir: The dam of the
Thornburgh Reservoir is to be located in the Northeast Quarter Section 32, Township 3
North, Range 92 West of the 6th P.M. The initial point of survey is located at a point on
the right abutment of the dam, whence the South Quarter Corner of Section 28 in
Township 3 North, Range 92 West of the 6th P.M. bears North 83˚ 02′ East at a distance
of 2,805.7 feet. Rio Blanco County. Landowners: Department of the Interior, 455
Emerson Street, Craig, Co. 81625, Attn: Louise McMinn. Axial Canal: The point of
diversion of the Axial Canal is located on the left bank of Milk Creek, a tributary of the
Yampa River, at a point whence the North Quarter Corner of Section 33 Township 3
North, Range 92 West of the 6th P.M. bears South 49˚ 41′ East at a distance of 6,185.5
feet. Landowners: Harry Kourlis Ranch Partnership, 241 West 6th St., Craig, Co.
81625,Department of the Interior,455 Emerson St. Craig Co. 81625, Attn: Louise
McMinn, Colowyo Coal Company, 5731 State HWY 13, Meeker, Co. 81641. Morapos
Feeder Canal: The point of diversion of the Morapos Feeder Canal is located on the left
bank of Morapos Creek, a tributary of the Williams Fork River, At a point whence the
Southwest Corner of Section 4, Township 3 North, Range 91 West of the 6th P.M. bears
South 48˚ 45′ West at a distance of 2,475 feet. Landowners: Morapos Sheep Ranch,c/o
O. Wyatt,Jr. 8 Greenway Plaza, Suite 930, Houston Texas,77046. Winsllett Ranch Inc.,
P.O. Box AA, Meeker, Co. 81641,Douglas B. Wyatt,3355 West Alabama, Suite
500,Houston, Tx. 77098.West Milk Creek Canal: The point of diversion of the West
Milk Creek Canal is located on the left bank of Milk Creek, a tributary of the Yampa
River, at a point whence the Southeast Corner of Section 5, Township 3 North Range 92
West of the 6th P.M. bears South 85˚ 55′ East at a distance of 4,480 feet. Landowners:
Harry Kourlis Ranch Partnership, 241 West 6th St., Craig, Co. 81625. Department of the
Interioe, 455 Emerson Street, Craig, Co. 81625,Attn: Louise McMinn. Lost Park Feeder
Canal: The point of diversion of the Lost Park Feeder Canal is located on the left bank of
an unnamed tributary of the South Fork of the Williams Fork River, at a point whence the
North Quarter Corner of Section 3, Township 1 North, Range 90 West of the 6th P.M.
bears South 39˚ 40′ West, 19,560 feet. Landowner: USFS-Medicine Bow-Routt National
Forest.925 Weiss Dr., Steamboat Springs, 80487. Lost Park Feeder Canal No. 2 : The
point of diversion of the Lost Park Canal No.2 is located on the right bank of the South
Fork of the Williams Fork River, at a point whence the North Quarter of Section 3,
Township 1 North, Range 90 West of the 6th P.M. bears South 10˚ 40′ West 15,440 feet.
Landowner: USFS-Medicine Bow-Routt National Forest, 925 Weiss Dr., Steamboat
Springs, Co. 80487. Source: Thornburgh Reservoir: Milk Creek, a tributary of the
Yampa River and all unnamed tributaries entering above the site of the dam and Beaver
Creek. Axial Canal: Milk Creek a tributary of Yampa River and water released to Milk
Creek from Thornburgh Reservoir: Morapos Feeder Canal: Morapos Creek, a tributary
of Williams Fork River: West Milk Creek Canal: Milk Creek, a tributary of the Yampa
River, and water released to Milk Creek from Thornburg Reservoir: Lost Park Feeder
Canal and the Lost Park Feeder Canal No. 2:Unnamed tributary of the South Fork of
Williams Fork River. Appropriation dates: Lost Park Feeder Canal and The Lost Park
Feeder Canal No. 2. June 1, 1961 and Thornburgh Reservoir, The Axis Canal, Morapos
Feeder Canal, and West Milk Creek Canal June 27, 1960. Amount: Thornburgh
Reservoir: Capacity of 31,807.6 acre feet. Axial Canal: Has a capacity of 315 cubic feet
of water per second of time. Morapos Feeder Canal: Capacity of 70 cubic feet of water
per second of time. West Milk Creek Canal: Capacity of 90 cubic feet of water per
second of time. Lost Park Feeder Canal and Lost Park Feeder Canal No. 2: Capacity
of 100 cubic feet of water per second. Uses for all strucutres: Domestic, Municipal,
Irrigation, Stock Watering, (including a system of exchange) Industrial, Flood Control,
Recreation, Piscatorial and Wildlife protection and preservation.
2. 09CW25 ROUTT COUNTY AMENDED APPICATION FOR WATER
RIGHTS (SURFACE). 1. Name, address and telephone number of applicant: Joseph
Bier, P.O. Box 880370, Steamboat Springs, CO 80488 Joe4bier@gmail.com (cell)970846-9146 (home)970-879-6203. 2. Name of structure: Lynne Bier Spring. 3. Legal
description: NW1/4 SW1/4 Sec. 21, T7N, R84W of 6th P.M. 1,703 feet from south
section line and 87 feet from the west section line, Section 21, T7N, R84W of the 6th
P.M. Street address: 43380 Elk Park Trail 4. Source: Bear & Lee Creek, tributary to
Gunn Creek, tributary to Soda Creek, tributary to the Yampa River. 5. Date of initiation
of appropriation: July 15, 2003. How appropriation was initiated: Developed spring for
domestic use and irrigation. Date water applied to beneficial use: July 15, 2003. 6.
Amount claimed: .0178 cfs absolute. 7. Use or proposed use: Domestic use for one single
family dwelling and one acre of lawn and garden irrigation. Number of acres historically
irrigated – one. Proposed to be irrigated – one. (Map available in file.) If non-irrigation,
describe purpose fully: domestic use for one single family dwelling. 7. Name and address
of owner of land: Applicant
3. Case No. 09CW48 (02CW37) (95CW213) RIO BLANCO COUNTY. Application for
Finding of Reasonable Diligence. Applicant: YELLOW JACKET WATER
CONSERVANCY DISTRICT c/o Trina Zagar-Brown, Cooley Zagar Brown PC, PO Box
2440, Meeker, CO 81641. trina@cooleyzagarbrown.com Name of Structure: Sawmill
Mountain Reservoir. Legal Description: The right abutment of the dam forming Sawmill
Mountain Reservoir is located in the NW1/4NW1/4 of Section 31, Township 1 North,
Range 91 West of the 6th P.M. at a point whence the NW corner of Section 36,
Township 1 North, Range 92 West of the 6th P.M. bears N 76°00” W 5,500 feet.
Amount: 80,000 acre feet. Date of Original Decree: 9-29-1977. Uses: Municipal,
industrial, domestic, agricultural, recreational and other beneficial uses. Source: The
North Fork of the White River through the North Fork Feeder Conduit and the Bob Raley
Tunnel, and Big Beaver Creek, East Beaver Creek, Cow Creek, and tributaries thereto,
all tributary to the White River. Landowners: Barrett, Philip L., 5255 Peaceful Place,
Colorado Springs, 80917, Bureau Of Land Management, 220 Market Street, Meeker,
Colorado, 81641, Kelly, Richard E. & Mary Ellen, 136 Sanders Place, Irving
Texas,75062, United States Forest Service,317 Market Street, Meeker, Colorado,
81641, L Bar Slash Ranch LLLP, P.O. Box CC, Meeker, Colorado,81641, Livingston,
John Dick, Living Trust, c/o Joan Peltier Livingston,20 Plaza Rd., Flanders, New
Jersey,07836. Name of Structure: North Fork Feeder Conduit. Legal Description: The
point of diversion for the North Fork Feeder Conduit is located in the NW1/4NE1/4 of
section 22, Township 1 North, Range 90 West of the 6th P.M., at a point whence the NE
corner of said Section 22 bears N 73 00 E 2,350 feet. Amount: Capacity of 500 cubic
feet of water per second. Date of Original Decree: 9-29-1977. Uses: Municipal,
industrial, domestic, agricultural, recreational and other beneficial uses. Source: North
Fork of the White River, tributary to the White River. Landowners: Belan, David D. &
Bonnie L.,100 Lost Creek Drive, Meeker. Co. 81641, United States Forest Service, 317
Market Street, Meeker, Co.81641, Horst, Rick & Sandra AB Living Trust,151 Lost Creek
Drive, Meeker, Co. 81641, Shearrow, Kevin P. & Amy E., 440 Hall Ave. Grand Junction,
Co., 81641, RJP Holdings LLC, P.O. Box 225 Meeker, Co., 81641, Welder, Inc., P.O.
Box 823 Meeker, Co., 81641, Welder, Inc. A Colorado Corp. P.O. Box 823 Meeker, Co.
81641. Additional information contained in the full Application.
4. Case No. 09CW49, (02CW87), RIO BLANCO COUNTY. Application for Finding of
Reasonable Diligence. Applicant: YELLOW JACKET WATER CONSERVANCY
DISTRICT c/o Trina Zagar-Brown, Cooley Zagar Brown PC, PO Box 2440, Meeker, CO
81641. trina@cooleyzagarbrown.com Name of Structure: COLORADO WHITE RIVER
RESERVOIR AT WARNER POINT, with a capacity of 105,000 acre feet, and a
hydroelectric power generation right of 500 cubic feet of per second. Date of Original
Decree: August 12, 1985. Location: The right abutment of the dam forming Colorado
White River Reservoir at Warner Point is located 2,350 feet from the East Line and 150
feet from the North Line of Section 28, 1 South Range 92 West of the 6th P.M. Source:
White River. Appropriation Date: 11-17-1981. Use: All beneficial uses from the original
decree, including but not limited to flood control, irrigation, agricultural, municipal,
domestic, fish, wildlife, recreational, fire- fighting, commercial, industrial, hydro-electric
power generation, mining and retorting. Landowners: Janke, Paul, 12888 CRD 8
Meeker, Co. 81641, Tru-Sport Lodge, LLC, 2454 F Rd. Ste 210, Grand Junction Co.
81505-1212, Howey, George & Claire L., P.O. Box 1175 Meeker, Co. 81641, Frazier,
Robert M. & Debra P..917 Ledford Ct. Craig, Co. 81625, Colorado Division Of
Wildlife,6060 Broadway, Denver, Co. 80216, Meeker Ranching Company, c/o
Rosenberg Selsman & Company, 655 Third Ave. Ste 1610,New York, New York 10017,
Scritchfield, Mark S. & Melody L. , 14926 CRD 8, Meeker, Co. 81641, Englert, Shirley L.,
14970 CRD 8, Meeker, Co. 81641, Sinclair, James R. & Nadine M., 13430 West Wesley
Ave. Lakewood, Co. 80228, Cay Stone, Inc., 3635 Vale View Lane, Mead, Co. 80542,
Prenzlow, Daniel C. & Brenda K., 578 CRD 54, Meeker, Co. 81641, Kydd, Robert I.
15777 CRD 8, Meeker, Co. 81641, Wix, Charlotte E. c/o Steve Wix P.O. Box
2107,Meeker, Co. 81641, Chapin, Clifford C. P.O. Box 161, Meeker, Co. 81641, Wix,
Steven C. P.O. Box 2107, Meeker, Co. 81641, Wix, Steven C. P.O. Box 2107, Meeker,
Co. 81641,Wix, John H. 1014 East Market Street, Meeker, Co. 81641, Sleepy Cat
Ranch P.O. Box 9, Rifle, Co. 81650, Magid, Caryn L, Levy, Marion H. Trustee c/o,
Marcum & Kliegman, LLP, 655 Third Ave. 16th Floor, New York, New York 10017, Levy,
William G. & Marion H. Trustees c/o Marcum & Kliegman LLP, 655 Third Ave. 16th Floor,
New York, New York 10017, Elk Creek Ranch Owners Association P.O. Box 2340,
Breckenridge, Co. 80424, Showers, Herbert C. & Betty L. & David R. 4194 Ascendant
Dr. Colorado Springs, Co. 80922, Carstens, Kelly Living Trust 11750 West 75th Drive,
Arvada, Co. 80005, Fialho, John S. 3031 Daggett Drive, Granite Bay, California 95746.
Additional information available in the full Application.
5. Case No. 09CW50 (01CW302), Rio Blanco County. Application for Finding of
Reasonable Diligence. Applicant: Yellow Jacket Water Conservancy District c/o Trina
Zagar-Brown PC, P.O. Box 2440, Meeker, Colorado 81641. trina@cooleyzagarbrown.com Name
of Structures: Yellow Jacket Canal and Josephine Basin Lateral No. 476, Ripple Creek
Reservoir No. 476 B, Lost Park Reservoir No. 476 C Lost Park Feeder Canal No. 1 No. 476A,
Lost Park Feeder Canal No. 2 No. 476A. Date of Original Decree: 11-21-1966, Case No. 1269.
Location: YELLOW JACKET CANAL and JOSEPHINE BASIN LATERAL NO. 476
Located at a point on the right bank on the North Fork of the White River, whence the Northeast
Corner of Section 30, TIN, R90W of the 6th P.M., bears N 62º 30′ E at a distance of 3,540 feet.
Runs westerly 38 miles into the Josephine Basin Lateral at a Point near the East Quarter Corner
of Section 26, TIN, R92W of the 6th P.M. RIPPLE CREEK RESERVOIR No. 476 A dam
located on an unsurveyed portion of Section 18, TIN, R88W and a portion of Section 3, TIN,
R89W of the 6th P.M., the initial point of survey being located at a point on the right abutment of
the dam, whence tract corner No. 1 of H.E. 141 in the Southwest Quarter Section of 18, which is
un surveyed, in TIN, R88W of the 6th P.M, bears N 51˚ 35′ W at a distance of 180 feet. LOST
PARK RESERVOIR 476C A dam in located in the unsurveyed portion of Section 25, T2N,
R90W of the 6th P.M. and the initial point of survey of said reservoir is located at a point on the
right abutment of the dam forming the same whence the North Quarter Corner of Section 3,
TIN, R90W of the 6th P.M., bears S 67˚ 00́ W, a distance of 2,820 feet. LOST PARK FEEDER
CANAL NO. 1, NO. 476ALocated on the left bank of an unnamed Tributary of South Fork of
Williams Fork River, whence the North Quarter Corner of Section 3, TIN, R90W of the 6th P.M.,
bears S 39˚ 40′ W at a distance of 19,560 feet in a southwesterly direction to Lost Park Feeder
Canal No.2, a distance of approximately 11,945 feet. LOST PARK FEEDER CANAL No. 2,
No. 476 A, Located on the right bank of South Fork of Williams Fork River whence the North
Quarter Corner of Section 3, TIN, R90W of the 6th P.M., bears South 10˚ 40′ W at a distance of
15,440 feet, running southeasterly to Lost Park Feeder Canal No. 1, at a distance of 11,660 feet.
Source: YELLOW JACKET CANAL AND JOSEPHINE BASIN LATERAL NO 476:
North Fork of White River, Ripple Creek and Lost Park Reservoir and unnamed Tributaries.
RIPPLE CREEK RESERVOIR NO. 476 B: North Fork of the White River and unnamed
Tributaries. LOST PARK RESERVOIR No 476 C; Lost Creek, a tributary to White River,
South Fork of the Williams Fork River, Lost Park Feeder Canals Nos. 1 and 2, and unnamed
Tributaries. LOST PARK FEEDER CANALS Nos. 1 and 2 No 476A: Unnamed tributary of
South Fork of Williams Fork River. Amount: YELLOW JACKET CANAL AND
JOSEPHINE BASIN LATERAL: with a capacity of 500 cubic feet of water per second.
RIPPLE CREEK RESERVOIR: with a capacity of 27,991.7 acre feet of water. LOST PARK
RESERVOIR: with a capacity of 33,541.3 acre feet of water. LOST PARK FEEDER
CANALS Nos. 1 and 2: With capacities of 100 cubic feet of water per second each, for a total of
200 cubic fee of water per second. Landowners: YELLOW JACKET CANAL AND
JOSEPHINE BASIN LATERAL No. 476 United States Forest Service 317 Market Street,
Meeker, Co. 81641, Hay Ranch, LLC 4378 CRD 12, Meeker, Co. 81641, C Lazy S Ranch, Inc.
12330 Coconut Creek Court, Fort Meyers, Fla. 33908, Ute Properties, LLC 123 Lyons Street,
Fort Collins, Co. 80521, Krueger Farm LLC. P.O. Bob 1195, Meeker, Co. 81641, Fawn Creek
Ranch Company 26487 CRD 8, Meeker, Co. 81641, Cogswell, David Y. 26487 CRD 8, Meeker,
Co. 81641,Weiss, Anthony L. & Dolores J. 15000 CRD 115, Meeker, Co. 81641, Gentry, J. P.O.
Box 1300, Rifle, Co. 81650, Aplanalp, Darrell C. & Peggy A. P.O. Box 684 Rangely, Co. 81641,
Gilchrist, Ted M. 960 CRD 12, Meeker, Co. 81641, Bloch, Beverly J. Revocable Living Trust
817 South Main Street# D, Corona, California 92882, Bureau Of Land Management 220 Market
Street, Meeker, Co. 81641.RIPPLE CREEK RESERVIOR United States Forest Service 317
Market Street, Meeker, Co. 81641, Rio Blanco Ranch c/o Catherine Johnson 1411 Edgewood
Drive, Palo Alto, California 94301 LOST PARK RESERVIOR No.476 C, No 1 476 A and No.
2 476 A United States Forest Service 317 Market Street, Meeker, Co. Additional information
available in full Application.
6. Case No. 10CW3 (02CW97) (03CW83) IN ROUTT COUNTY, COLORADO.
APPLICATION FOR SEXENNIAL FINDINGS OF DUE DILIGENCEAND TO
MAKE ABSOLUTE A CONDITIONAL WATER RIGHT. CONCERNING THE
APPLICATION FOR WATER RIGHTS OF YAMPA VALLEY BANK, formerly
known as FIRST NATIONAL BANK OF STEAMBOAT SPRINGS, N.A.,
DISTRICT COURT, WATER DIVISION NO. 6, STATE OF COLORADO, 1955 Shield
Dr./P.O. Box 773117, Steamboat Springs, CO 80477. 1. Name and Address of
Applicant: Yampa Valley Bank, formerly known as First National Bank of Steamboat
Spings, N.A., 600 South Lincoln Avenue, PO Box 775770, Steamboat Springs, CO
80477-5770, Tel. 970-879-2993. All pleadings should be directed to: Thomas R.
Sharp, Sharp, Steinke, Sherman & Engle, LLC, P.O. Box 774608, Steamboat
Springs, CO 80477, tel. 970-879-7600.
2.
Names of Structures: (1) MacArthur (Wall) Spring; (2) Borden
(Cabin) Spring; (3) Kerst (Elevator Shaft) Well.
3.
Description of Conditional Water Rights from the Judgment and Decree:
(1)
MacArthur (Wall) Spring; a) Date of original decree: January 15,
2004, District Court, Case No. 02CW97. b) Location: SE¼SE¼, Section 17, T6N,
R84W of the 6th P.M., at a point 550 feet North of the south line and 175 feet West of the
East line of said Section. Also described as 600 South Lincoln Avenue, Steamboat
Springs, CO; c) Source: Springs, tributary to the Yampa River; d) Appropriation Date:
December 30, 2002; e) Amount Decreed: .0333 cfs or 15 gpm, Conditional; f) Uses:
Irrigation of lawn and landscaped areas, and for non-potable commercial uses; g) Land
proposed to be irrigated: A tract of land owned by Applicant in the SE¼SE¼ of Section
17, T6N, R84W of the 6th P.M., Routt County, Colorado, located at 600 South Lincoln
Avenue, Steamboat Springs, CO
(2)
Borden (Cabin) Spring; a) Date of original decree: January 15, 2004,
District Court, Case No. 02CW97; b) Location: SE¼SE¼, Section 17, T6N, R84W of
the 6th P.M., at a point 150 feet North of the south line and 200 feet West of the East line
of said Section. Also described as 600 South Lincoln Avenue, Steamboat Springs, CO;
c) Source: Springs, tributary to the Yampa River; d) Appropriation Date: December 30,
2002; e) Amount Decreed: .0333 cfs or 15 gpm, Conditional; f) Uses: Irrigation of
lawn and landscaped areas, and for non-potable commercial uses; g) Land proposed to
be irrigated: A tract of land owned by Applicant in the SE¼SE¼ of Section 17, T6N,
R84W of the 6th P.M., Routt County, Colorado, located at 600 South Lincoln Avenue,
Steamboat Springs, CO
(3)
Kerst (Elevator Shaft) Well; a) Date of original decree: April 18, 2005,
District Court, Case No. 03CW83; b) Location: In the SE¼SE¼ of Section 17, T6N,
R84W of the 6th P.M., at a point 700 feet North of the South Section line and 200 feet
West of the East Section line of said Section. Also described as 600 South Lincoln
Avenue, Steamboat Springs, CO; c) Source: Alluvium of the Yampa River; d)
Appropriation Date: December 30, 2002; e) Amount Decreed: .0333 cfs or 15 gpm,
Conditional. The average annual amount of ground water to be withdrawn shall not
exceed 2.7 acre-feet; f) Uses: Drinking and sanitary purposes inside a commercial
business, the irrigation of up to 1 acre of lawn and landscape, and the washing of the
commercial building, concrete, and asphalt areas; g) Land proposed to be irrigated: Not
more than 1 acre within a tract of land owned by Applicant in the SE¼SE¼ of Section
17, T6N, R84W of the 6th P.M., Routt County, Colorado, located at 600 South Lincoln
Avenue, Steamboat Springs, COLO, and more particularly described in deed recorded at
Reception No. 528528, Routt County records; h) Depth of Well: Approximately 35
feet; i) Well Permit: Permit No. 61023-F, Colorado State Engineer’s Office.
4.
Detailed outline of what has been done toward completion or for
completion of the appropriation and application of water to a beneficial use. The
Applicant is the owner of a tract of land east of and bordering US Highway 40 within the
City limits of the City of Steamboat Springs, known as 600 South Lincoln Avenue,
Steamboat Springs, CO, and described in deed recorded at Reception No. 528528, Routt
County real property records (the “Bank Property”). An outline of the Bank Property,
which is the area to be irrigated, on a USGS topographic map, is attached as Exhibit “A”
to the Application. Applicant owns and operates a bank on the Bank Property. On all
sides of the Bank Building on the Bank Property are located landscaping and lawn
improvements, including landscape improvements on various levels of the rock wall
adjacent to the parking areas on the southerly portion of the Bank Property. An aerial
photo of the northerly portion of the Bank Property showing the Bank Building and the
adjoining landscape improvements and rock wall is attached as Exhibit “B” to the
Application. At the southerly end of the Bank Property is located a number of large pine
trees and a cabin. All 3 of the subject water rights are intended to be used to provide
water for irrigation of landscaping and lawns on the Bank Property, among other uses. In
2007 the Applicant expanded the parking lot to the south of the Bank Building, and the
contractor installed two 1200 gallon storage tanks underground. The MacArthur Spring
was developed and water flows from such spring into the storage tanks, which is then
applied for irrigation of grass and trees on the south end of the Bank Property, and out of
a spigot is made available for non-potable commercial uses. The rate of flow from the
MacArthur Spring into the water tanks is 2.5 gpm. The amount expended in 2007 for
development and interconnection of the MacArthur Spring exceeded $1,000.
When
the Borden (Cabin) Spring and Kerst (Elevator Shaft) Well are developed, it is expected
that each will interconnect with the tanks and irrigation distribution lines constructed in
2007 for the MacArthur (Wall) Spring, so that ultimately all 3 water sources are
interconnected into a singular water storage, pump and delivery system for irrigation on
the Bank Property and other non-potable commercial uses. Additional irrigation
improvements are expected to be installed in the future, and the irrigation improvements
accomplished in 2007 to the Bank Property are only part of the ultimate irrigation
improvements planned for the Property.
5.
For claim to make part of MacArthur Spring absolute: (a) Name of
Spring to be made absolute: MacArthur Spring: Date water applied to beneficial use:
August 1, 2007. Amount: 2.5 gpm, or .0055 cfs. Use: Irrigation of lawn and
landscaped areas, and for non-potable commercial uses. Description of place of use
where water is applied to beneficial use. Water from MacArthur Spring beneficially used
on the Bank Property at 600 So. Lincoln Avenue, Steamboat Springs, CO.
6.
Remarks or Any Other Pertinent Information: MacArthur (Wall) Spring,
Borden (Cabin) Spring, and Kerst (Elevator Shaft) Well are all part of and components of
an integrated non-potable water supply system of the Applicant. Applicant also requests
a finding by the Water Court that the said 3 water sources are part of a single integrated
water supply system of Applicant for such uses on the Bank Property. As an integrated
water supply system, diligence on any one feature of this system as well as all features of
the system can be shown by work done on any one feature of the system. C.R.S. §37-92301(4)(b); See also, Vail Valley Consolidated Water District v. City of Aurora, 731 P.2d
665 (Colo. 1987).
PRAYER FOR RELIEF: Applicant requests that the Water Court to (i) find and
confirm that MacArthur (Wall) Spring, Borden (Cabin) Spring, and Kerst (Elevator
Shaft) Well are all part of and components of an integrated non-potable water supply
system of the Applicant for the present and future irrigation of lawns and landscaping on
the Bank Property and for other non-potable commercial uses including the washing of
the commercial Bank building, concrete, and asphalt areas, (ii) confirm that due diligence
by the Applicant as to any part of such integrated water supply system constitutes due
diligence on all parts of such system, (iii) decree absolute 2.5 gpm, or .0055 cfs, of
MacArthur (Wall) Spring for the uses described above, and (iv) enter a sexennial finding
of reasonable diligence with respect to the Borden (Cabin) Spring and the Kerst (Elevator
Shaft) Well and the balance of 12.5 gpm, or .0275 cfs, of water decreed to the MacArthur
(Wall) Spring.
7. Case No. 10CW9, MOFFAT COUNTY, SOURCE: SPRINGS TRIBUTARY TO
BUFFALO GULCH, TO THE YAMPA RIVER. Application for Surface Water
Rights. Applicants: Douglas and Geraldine Brady and Jeffrey and Anissa Brady c/o Sara
M. Dunn, BALCOMB & GREEN, PC, PO Drawer 790, Glenwood Springs, CO 81602;
(970) 945-6546. Brady Spring No. 1:located NE1/4, NW1/4 Sec. 17, T5N, R98W, 6PM,
442 ft from N. sec. line, 2,628 ft from W. sec. line. Approp. date: 6/5/03. Water applied
to beneficial use: 6/6/03. Amt. 4.5 gpm (0.01 cfs), absolute for livestock and wildlife
watering. Brady Spring No. 2: located SW1/4, SW1/4 Sec. 17, T5N, R98W, 6PM, 577 ft
from S. sec. line, 348 ft from W. sec. line. Approp. date: 6/15/04. Water applied to
beneficial use: 6/16/04. Amt. 4.5 gpm (0.01 cfs), absolute for livestock and wildlife
watering. Brady Spring No. 3: SE1/4, NE1/4 Sec. 20, T5N, R98W, 6PM, 2115 ft from N.
sec. line, 285 ft from E. sec. line. Approp. date: 8/11/04. Water applied to beneficial use:
8/12/2004. Amt. 4.5 gpm (0.01 cfs), absolute for livestock and wildlife watering. Brady
Spring No. 5: NE1/4, NE1/4 Sec. 17, T5N, R98W, 6PM, 722 ft from N. sec. line, 805 ft
from E. sec. line. Approp. date: 7/13/04. Amt: 4.5 gpm (0.01 cfs), conditional for
livestock and wildlife watering. Applicants Douglas and Geraldine Brady own the land
upon which the Brady Spring Nos. 1, 2 and 5 are located and will be used; Jeffrey and
Anissa Brady own the land upon which the Brady Spring No. 3 will be constructed and
used. (5 pgs; 4 ex.)
8. Case No. 2010CW10 (C/R Case Nos. W-1922, W-1922-77, 81CW129, 85CW160,
89CW119, 95CW245, and 02CW103). APPLICATION FOR FINDING OF
REASONABLE DILIGENCE IN DEVELOPMENT OF WATER RIGHTS. RIO
BLANCO COUNTY. 1. Name, Address, Telephone Number of Applicant. Natural
Soda, Inc. (“Natural Soda”), 3200 County Road 31 Rifle, Colorado 81650 (970) 878-
3674. 2. Name of Structure: Colorado Minerals Well No. 28-1. 3. Description of
Conditional Water Right: A. Original Decree: Case No. W-1922, October 16, 1977,
District Court, Water Division 5. B. Subsequent Decrees: Decrees finding the exercise of
reasonable diligence in the development of the conditional water right that is the subject
of this application (“Water Right”) were entered by the District Court, Water Division 5,
in Case No. W-1922-77 on March 17, 1978; Case No. 81CW129 on November 4, 1981;
Case No. 85CW160 on October 30, 1985; Case No. 89CW119 on November 1, 1989;
Case No. 95CW245 on April 2, 1996; and Case No. 02CW103 on February 27, 2004. In
the decree entered in Case No. 88CW420 on April 13, 1991, the Water Right was
included in a judicially-approved augmentation plan and the District Court, Water
Division 5, approved a change of water right for the Water Right to be diverted at
alternate points of diversion. In the decree entered in Case No. 95CW245, the District
Court, Water Division 5, confirmed that 0.06 cfs of the Water Right was made absolute.
C. Legal Description: In the NE1/4 of the NW1/4 of Section 28, Township 1 South,
Range 98 West, of the 6th P.M., at a point 270.5 feet South of the North line and 1365.2
feet East of the West line of said Section 28. D. Source of Water: tributary ground
water. E. Appropriation Date: February 28, 1967. Amount: 0.06 c.f.s., ABSOLUTE, 4.96
c.f.s, CONDITIONAL. F. Use: Industrial, domestic and livestock water purposes. G.
Depth: 2194 feet. H. Well Permits: Well Permit No. 11527-F was issued on February 28,
1967 to Wolf Ridge Minerals Corporation, predecessor-in-interest to Natural Soda. Well
Permit No. 32177-F was issued on August 17, 1987.
The Water Right has been
divertable through the alternate point of diversion decreed in Case No. 88CW420 through
the well with Well Permit No.036778-F. The water associated with the Water Right was
also divertable through the well to be operated pursuant to Well Permit No. 62280-F.
Pursuant to the terms of the decree entered in Case No. 88CW420, Natural Soda has filed
two well permit applications with the Colorado State Engineer, and the applications have
not been acted on as of the date of this filing. The water associated with the Water Right
may be diverted through the two new wells to be constructed pursuant to the well permit
applications. 4. Outline of what has been done towards completions or for completion of
the appropriation and application of water to a beneficial use as conditionally decreed,
including expenditures: The following description is not intended to be all inclusive, but
is merely illustrative of Natural Soda’s continued diligence in development of its
integrated water system and the Water Right. A. The Water Right is part of Natural
Soda’s unified, integrated water system confirmed in the decree entered by the District
Court, Water Division 5, in Case No. 88CW420, under which Natural Soda operates. B.
Natural Soda applied for a water well permit on October 14, 2004 and the Office of the
State Engineer issued Well Permit No. 62280-F on February 18, 2005. Natural Soda has
also applied for two additional water well permits. C. Natural Soda has maintained its
federal sodium leases, which comprise approximately 8,224 acres in the Piceance Creek
and Yellow Creek basins in Rio Blanco County. The federal sodium leases and the
location of the acres to which they pertain are set forth in the decree entered in Case No.
88CW420. D. Natural Soda has continued to expand production and develop its existing
sodium processing plant and related facilities in the Piceance Creek and Yellow Creek
basins, including capital improvements, maintenance and upgrades of existing equipment
and facilities, various well drilling activities, plugging certain existing wells, leased
facilities and equipment for storage and transportation of product, replaced controls and
weight scales, replaced and modified heat control and maintenance facilities, installed a
stainless steel ladder chute for product transportation, installed a metal detector and
magnet combination to comply with American Institute of Bakers standards on the super
sack packaging line, modified processing methodology to eliminate dry bulk carbon
dioxide gas for packaging, instituted product recovery program for process pond,
replaced portion of dryer bag house facilities, implemented program to reduce energy
consumption and water consumption, replaced main plant air compressor, installed access
platform for truck tarping, installed equipment to prevent slippage of tires on loading
docks, and other related activities. Natural Soda has also obtained and maintained
various quality assurance standards and certifications, and posted additional performance
bonds. The development and maintenance of the existing sodium processing plant and
related facilities are prerequisites to the current use and future use of Natural Soda’s
integrated water system and the Water Right. E. Natural Soda has continued its
architectural, construction, engineering, financing, permitting, and other work regarding
the planned expansion of its existing sodium processing plant and related facilities in the
Piceance Creek and Yellow Creek basins, which is anticipated to be completed over the
next three years. Such planned expansion includes drilling another water-producing well.
Upon completion of Natural Soda’s expanded sodium processing plant and related
facilities, Natural Soda’s use of water from its integrated water system and the Water
Right will increase. The Water Right is an integral part of Natural Soda’s operations. F.
Natural Soda has continued its research and development work regarding Natural Soda’s
contemplated oil shale operations in the Piceance Creek and Yellow Creek basins.
Natural Soda has continued to actively pursue oil shale operations in the Piceance Creek
and Yellow Creek basins, including filing of nominations for oil shale research and
development leases with the federal government. Natural Soda’s contemplated oil shale
operations will require the use of water diverted under Natural Soda’s water rights,
including the water rights in Natural Soda’s integrated water system and the Water Right.
G. Natural Soda has leased water associated with its integrated water system to Shell
Frontier Oil and Gas, Inc. H. Natural Soda has prosecuted its water rights applications to
further develop and improve the operations of its integrated water system, including the
application in Case No. 98CW315 in District Court, Water Division 5. Natural Soda has
filed and prosecuted applications for findings of reasonable diligence in the development
of Natural Soda’s water rights, including the water rights in Natural Soda’s integrated
water system. Such applications include those in the in the following cases in Water
Court for Division 5: Case Nos. 05CW41, 06CW135, 06CW136, and 07CW91. Natural
Soda has retained experts to conduct investigations and prepare reports regarding various
aspects of the water rights in Natural Soda’s integrated water system. I. Natural Soda has
taken actions to protect its water rights, including the water rights in Natural Soda’s
integrated water system and the Water Right. Natural Soda has been a party to and
participated in numerous water court proceedings regarding water rights on Piceance
Creek, Yellow Creek, the White River, and the Colorado River and their tributaries.
Natural Soda has retained experts to conduct investigations and prepare reports regarding
various aspects of the claims in these cases. Natural Soda has actively participated in the
proceedings regarding the State Engineer’s proposed Produced Nontributary Ground
Water Rules, 2 CCR 402-17. Natural Soda has retained an expert to investigate and
prepare reports regarding the potential effects of coalbed methane and conventional oil
and gas mining in the Piceance Basin on Natural Soda’s water rights, including the water
rights in Natural Soda’s integrated water system and the Water Right. J. Since the last
diligence proceeding, Natural Soda has spent in excess of $50 Million in the completion
of the foregoing actions. 5. Name and address of owner of land on which any new
diversion structure 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: The land on which the well is
located is owned by the United States Bureau of Land Management, which is leased by
Natural Soda: Kent Walker, Field Manager, White River Resource Area, Bureau
of
Land Management, 220 East Market Street, Meeker, Colorado 81641. WHEREFORE,
Natural Soda requests that this Court enter a decree finding that Natural Soda has
proceeded with reasonable diligence toward the completion of the appropriation of the
Water Right and continue the Water Right in full force and effect for another diligence
period.
9. Case No. 2010CW11 (C/R Case Nos. W-2886, 81CW313, 85CW306, 89CW226,
96CW71, and 03CW9). APPLICATION FOR FINDING OF REASONABLE
DILIGENCE IN DEVELOPMENT OF WATER RIGHTS. RIO BLANCO
COUNTY. 1. Name, Address, Telephone Number of Applicant. 1. Natural Soda, Inc.
(“Natural Soda”) 3200 County Road 31 Rifle, Colorado 81650 (970) 878-3674. 2. Name
of Structure: Industrial Resources Well No. D-14-1-1. 3. Description of Conditional
Water Right: A. Original Decree: Case No. W-2886, November 7, 1977, District Court,
Water Division 5. B. Subsequent Decrees: Decrees finding the exercise of reasonable
diligence in the development of the conditional water right that is the subject of this
application (“Water Right”) were entered by the District Court, Water Division 5, in Case
No. 81CW313 on April 14, 1982; Case No. 85CW306 on April 14, 1986; Case No.
89CW226 on March 20, 1990; Case No. 96CW71 on January 7, 1997; and Case No.
03CW9 on February 27, 2004. In the decree entered in Case No. 88CW420 on April 13,
1991, the Water Right was included in a judicially-approved augmentation plan and the
District Court, Water Division 5, approved a change of water right for the Water Right to
be diverted at alternate points of diversion. C. Legal Description: In the SE1/4 of the
NE1/4 of Section 14, Township 1 South, Range 98 West of the 6th P.M., at a point S
16̊57'30" W. 2,635.85 feet from the Northeast Corner of said Section 14. D. Source of
Water: Tributary ground water. E. Appropriation Date: November 8, 1974. Amount:
5.00 c.f.s., CONDITIONAL. F. Use: Domestic, livestock, commercial, industrial,
irrigation, and municipal purposes. G. Depth: 1755 feet. H. Well Permits: The Water
Right has been divertable through the alternate point of diversion decreed in Case No.
88CW420 through the well with Well Permit No.036778-F. The water associated with
the Water Right was also divertable through the well to be operated pursuant to Well
Permit No. 62280-F. Pursuant to the terms of the decree entered in Case No. 88CW420,
Natural Soda has filed two well permit applications with the Colorado State Engineer,
and the applications have not been acted on as of the date of this filing. The water
associated with the Water Right may be diverted through the two new wells to be
constructed pursuant to the well permit applications. 4. Outline of what has been done
towards completions or for completion of the appropriation and application of water to a
beneficial use as conditionally decreed, including expenditures: The following
description is not intended to be all inclusive, but is merely illustrative of Natural Soda’s
continued diligence in development of its integrated water system and the Water Right.
A. The Water Right is part of Natural Soda’s unified, integrated water system confirmed
in the decree entered by the District Court, Water Division 5, in Case No. 88CW420,
under which Natural Soda operates. B. Natural Soda applied for a water well permit on
October 14, 2004 and the Office of the State Engineer issued Well Permit No. 62280-F
on February 18, 2005. Natural Soda has also applied for two additional water well
permits. C. Natural Soda has maintained its federal sodium leases, which comprise
approximately 8,224 acres in the Piceance Creek and Yellow Creek basins in Rio Blanco
County. The federal sodium leases and the location of the acres to which they pertain are
set forth in the decree entered in Case No. 88CW420. D. Natural Soda has continued to
expand production and develop its existing sodium processing plant and related facilities
in the Piceance Creek and Yellow Creek basins, including capital improvements,
maintenance and upgrades of existing equipment and facilities, various well drilling
activities, plugging certain existing wells, leased facilities and equipment for storage and
transportation of product, replaced controls and weight scales, replaced and modified heat
control and maintenance facilities, installed a stainless steel ladder chute for product
transportation, installed a metal detector and magnet combination to comply with
American Institute of Bakers standards on the super sack packaging line, modified
processing methodology to eliminate dry bulk carbon dioxide gas for packaging,
instituted product recovery program for process pond, replaced portion of dryer bag
house facilities, implemented program to reduce energy consumption and water
consumption, replaced main plant air compressor, installed access platform for truck
tarping, installed equipment to prevent slippage of tires on loading docks, and other
related activities. Natural Soda has also obtained and maintained various quality
assurance standards and certifications, and posted additional performance bonds. The
development and maintenance of the existing sodium processing plant and related
facilities are prerequisites to the current use and future use of Natural Soda’s integrated
water system and the Water Right. E. Natural Soda has continued its architectural,
construction, engineering, financing, permitting, and other work regarding the planned
expansion of its existing sodium processing plant and related facilities in the Piceance
Creek and Yellow Creek basins, which is anticipated to be completed over the next three
years. Such planned expansion includes drilling another water-producing well. Upon
completion of Natural Soda’s expanded sodium processing plant and related facilities,
Natural Soda’s use of water from its integrated water system and the Water Right will
increase. The Water Right is an integral part of Natural Soda’s operations. F. Natural
Soda has continued its research and development work regarding Natural Soda’s
contemplated oil shale operations in the Piceance Creek and Yellow Creek basins.
Natural Soda has continued to actively pursue oil shale operations in the Piceance Creek
and Yellow Creek basins, including filing of nominations for oil shale research and
development leases with the federal government. Natural Soda’s contemplated oil shale
operations will require the use of water diverted under Natural Soda’s water rights,
including the water rights in Natural Soda’s integrated water system and the Water Right.
G. Natural Soda has leased water associated with its integrated water system to Shell
Frontier Oil and Gas, Inc. H. Natural Soda has prosecuted its water rights applications to
further develop and improve the operations of its integrated water system, including the
application in Case No. 98CW315 in District Court, Water Division 5. Natural Soda has
filed and prosecuted applications for findings of reasonable diligence in the development
of Natural Soda’s water rights, including the water rights in Natural Soda’s integrated
water system. Such applications include those in the in the following cases in Water
Court for Division 5: Case Nos. 05CW41, 06CW135, 06CW136, and 07CW91. Natural
Soda has retained experts to conduct investigations and prepare reports regarding various
aspects of the water rights in Natural Soda’s integrated water system. I. Natural Soda has
taken actions to protect its water rights, including the water rights in Natural Soda’s
integrated water system and the Water Right. Natural Soda has been a party to and
participated in numerous water court proceedings regarding water rights on Piceance
Creek, Yellow Creek, the White River, and the Colorado River and their tributaries.
Natural Soda has retained experts to conduct investigations and prepare reports regarding
various aspects of the claims in these cases. Natural Soda has actively participated in the
proceedings regarding the State Engineer’s proposed Produced Nontributary Ground
Water Rules, 2 CCR 402-17. Natural Soda has retained an expert to investigate and
prepare reports regarding the potential effects of coalbed methane and conventional oil
and gas mining in the Piceance Basin on Natural Soda’s water rights, including the water
rights in Natural Soda’s integrated water system and the Water Right. J. Since the last
diligence proceeding, Natural Soda has spent in excess of $50 Million in the completion
of the foregoing actions. 5. Name and address of owner of land on which any new
diversion structure 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: The land on which the well is
located is owned by the United States Bureau of Land Management, which is leased by
Natural Soda: Kent Walker, Field Manager, White River Resource Area, Bureau of Land
Management, 220 East Market Street, Meeker, Colorado 81641. WHEREFORE, Natural
Soda requests that this Court enter a decree finding that Natural Soda has proceeded with
reasonable diligence toward the completion of the appropriation of the Water Right and
continue the Water Right in full force and effect for another diligence period.
10. Case No. 2010CW12 (C/R Case Nos. W-2885, 81CW312, 85CW305, 89CW225,
96CW70, and 03CW10). APPLICATION FOR FINDING OF REASONABLE
DILIGENCE IN DEVELOPMENT OF WATER RIGHTS. RIO BLANCO
COUNTY. 1. Name, Address, Telephone Number of Applicant. Natural Soda, Inc.
(“Natural Soda”) 3200 County Road 31 Rifle, Colorado 81650 (970) 878-3674. 2. Name
of Structure: Industrial Resources Well No. D-14-1-2. 3. Description of Conditional
Water Right: A. Original Decree: Case No. W-2885, November 7, 1977, District Court,
Water Division 5. B. Subsequent Decrees: Decrees finding the exercise of reasonable
diligence in the development of the conditional water right that is the subject of this
application (“Water Right”) were entered by the District Court, Water Division 5, in Case
No. 81CW312 on April 14, 1982; Case No. 85CW305 on April 14, 1986; Case No.
89CW225 on March 20, 1990; Case No. 96CW70 on January 7, 1997; and Case No.
03CW10 on February 27, 2004. In the decree entered in Case No. 88CW420 on April 13,
1991, the Water Right included in a judicially-approved augmentation plan and the
District Court, Water Division 5, approved a change of water right for the Water Right to
be diverted at alternate points of diversion. C. Legal Description: In the SE1/4 of the
NE1/4 of Section 14, Township 1 South, Range 98 West of the 6th P.M., at a point S
19̊16' W 2,791.11 feet from the Northeast Corner of said Section 14. D. Source of Water:
Tributary ground water. E. Appropriation Date: November 8, 1974. Amount: 5.00 c.f.s.,
CONDITIONAL. F. Use: Domestic, livestock, commercial, industrial, irrigation, and
municipal purposes. G. Depth: 1260 feet. H. Well Permits: The Water Right has been
divertable through the alternate point of diversion decreed in Case No. 88CW420 through
the well with Well Permit No.036778-F. The water associated with the Water Right was
also divertable through the well to be operated pursuant to Well Permit No. 62280-F.
Pursuant to the terms of the decree entered in Case No. 88CW420, Natural Soda has filed
two well permit applications with the Colorado State Engineer, and the applications have
not been acted on as of the date of this filing. The water associated with the Water Right
may be diverted through the two new wells to be constructed pursuant to the well permit
applications. 4. Outline of what has been done towards completions or for completion of
the appropriation and application of water to a beneficial use as conditionally decreed,
including expenditures: The following description is not intended to be all inclusive, but
is merely illustrative of Natural Soda’s continued diligence in development of its
integrated water system and the Water Right. A. The Water Right is part of Natural
Soda’s unified, integrated water system confirmed in the decree entered by the District
Court, Water Division 5, in Case No. 88CW420, under which Natural Soda operates. B.
Natural Soda applied for a water well permit on October 14, 2004 and the Office of the
State Engineer issued Well Permit No. 62280-F on February 18, 2005. Natural Soda has
also applied for two additional water well permits. C. Natural Soda has maintained its
federal sodium leases, which comprise approximately 8,224 acres in the Piceance Creek
and Yellow Creek basins in Rio Blanco County. The federal sodium leases and the
location of the acres to which they pertain are set forth in the decree entered in Case No.
88CW420. D. Natural Soda has continued to expand production and develop its existing
sodium processing plant and related facilities in the Piceance Creek and Yellow Creek
basins, including capital improvements, maintenance and upgrades of existing equipment
and facilities, various well drilling activities, plugging certain existing wells, leased
facilities and equipment for storage and transportation of product, replaced controls and
weight scales, replaced and modified heat control and maintenance facilities, installed a
stainless steel ladder chute for product transportation, installed a metal detector and
magnet combination to comply with American Institute of Bakers standards on the super
sack packaging line, modified processing methodology to eliminate dry bulk carbon
dioxide gas for packaging, instituted product recovery program for process pond,
replaced portion of dryer bag house facilities, implemented program to reduce energy
consumption and water consumption, replaced main plant air compressor, installed access
platform for truck tarping, installed equipment to prevent slippage of tires on loading
docks, and other related activities. Natural Soda has also obtained and maintained
various quality assurance standards and certifications, and posted additional performance
bonds. The development and maintenance of the existing sodium processing plant and
related facilities are prerequisites to the current use and future use of Natural Soda’s
integrated water system and the Water Right. E. Natural Soda has continued its
architectural, construction, engineering, financing, permitting, and other work regarding
the planned expansion of its existing sodium processing plant and related facilities in the
Piceance Creek and Yellow Creek basins, which is anticipated to be completed over the
next three years. Such planned expansion includes drilling another water-producing well.
Upon completion of Natural Soda’s expanded sodium processing plant and related
facilities, Natural Soda’s use of water from its integrated water system and the Water
Right will increase. The Water Right is an integral part of Natural Soda’s operations. F.
Natural Soda has continued its research and development work regarding Natural Soda’s
contemplated oil shale operations in the Piceance Creek and Yellow Creek basins.
Natural Soda has continued to actively pursue oil shale operations in the Piceance Creek
and Yellow Creek basins, including filing of nominations for oil shale research and
development leases with the federal government. Natural Soda’s contemplated oil shale
operations will require the use of water diverted under Natural Soda’s water rights,
including the water rights in Natural Soda’s integrated water system and the Water Right.
G. Natural Soda has leased water associated with its integrated water system to Shell
Frontier Oil and Gas, Inc. H. Natural Soda has prosecuted its water rights applications to
further develop and improve the operations of its integrated water system, including the
application in Case No. 98CW315 in District Court, Water Division 5. Natural Soda has
filed and prosecuted applications for findings of reasonable diligence in the development
of Natural Soda’s water rights, including the water rights in Natural Soda’s integrated
water system. Such applications include those in the in the following cases in Water
Court for Division 5: Case Nos. 05CW41, 06CW135, 06CW136, and 07CW91. Natural
Soda has retained experts to conduct investigations and prepare reports regarding various
aspects of the water rights in Natural Soda’s integrated water system. I. Natural Soda has
taken actions to protect its water rights, including the water rights in Natural Soda’s
integrated water system and the Water Right. Natural Soda has been a party to and
participated in numerous water court proceedings regarding water rights on Piceance
Creek, Yellow Creek, the White River, and the Colorado River and their tributaries.
Natural Soda has retained experts to conduct investigations and prepare reports regarding
various aspects of the claims in these cases. Natural Soda has actively participated in the
proceedings regarding the State Engineer’s proposed Produced Nontributary Ground
Water Rules, 2 CCR 402-17. Natural Soda has retained an expert to investigate and
prepare reports regarding the potential effects of coalbed methane and conventional oil
and gas mining in the Piceance Basin on Natural Soda’s water rights, including the water
rights in Natural Soda’s integrated water system and the Water Right. J. Since the last
diligence proceeding, Natural Soda has spent in excess of $50 Million in the completion
of the foregoing actions. 5. Name and address of owner of land on which any new
diversion structure 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: The land on which the well is
located is owned by the United States Bureau of Land Management, which is leased by
Natural Soda: Kent Walker, Field Manager, White River Resource Area, Bureau of Land
Management, 220 East Market Street, Meeker, Colorado 81641. WHEREFORE, Natural
Soda requests that this Court enter a decree finding that Natural Soda has proceeded with
reasonable diligence toward the completion of the appropriation of the Water Right and
continue the Water Right in full force and effect for another diligence period.
11. Case No. 2010CW13 (C/R Case Nos. W-2884, 81CW311, 85CW304, 89CW224,
96CW69, and 03CW11). APPLICATION FOR FINDING OF REASONABLE
DILIGENCE IN DEVELOPMENT OF WATER RIGHTS. RIO BLANCO
COUNTY. 1.
Name, Address, Telephone Number of Applicant. Natural Soda, Inc. (“Natural Soda”)
3200 County Road 31, Rifle, Colorado 81650 (970) 878-3674. 2. Name of Structure:
Industrial Resources Well No. D-20-1-1. 3. Description of Conditional Water Right: A.
Original and Subsequent Decrees: The original decree confirming the water right that is
the subject of this application (“Water Right”) was entered by the Water Court for Water
Division 5 in Case No. W-2884 on November 7, 1977. Decrees finding the exercise of
reasonable diligence in the development of the Water Right were entered by the District
Court in and for Water Division 5 in Case No. 81CW311 on April 14, 1982; Case No.
85CW304 on April 11, 1986; Case No. 89CW224 on March 20, 1990; 96CW69 on
January 7, 1997; and Case No. 03CW11 on February 27, 2004. In the decree entered in
Case No. 88CW420 on April 13, 1991, the Water Right was included in a judiciallyapproved augmentation plan and the Water Court approved a change of water right for
the Water Right to be diverted at alternate points of diversion. B. Location: In the NE1/4
of the NE1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M., at a point
S 45̊58'20" W. 1,718.35 feet from the Northeast Corner of said Section 20. C. Source:
Tributary ground water. D. Appropriation Date: November 8, 1974. E. Amount: 5.00
c.f.s, CONDITIONAL. F. Use: Domestic, livestock, commercial, industrial, irrigation
and municipal purposes. G. Depth: 1080 feet. H. Well Permits: The Water Right has
been divertable through the alternate point of diversion decreed in Case No. 88CW420
through the well with Well Permit No.036778-F. The water associated with the Water
Right was also divertable through the well to be operated pursuant to Well Permit No.
62280-F. Pursuant to the terms of the decree entered in Case No. 88CW420, Natural
Soda has filed two well permit applications with the Colorado State Engineer, and the
applications have not been acted on as of the date of this filing. The water associated
with the Water Right may be diverted through the two new wells to be constructed
pursuant to the well permit applications. 4. Outline of what has been done towards
completions or for completion of the appropriation and application of water to a
beneficial use as conditionally decreed, including expenditures: The following
description is not intended to be all inclusive, but is merely illustrative of Natural Soda’s
continued diligence in development of its integrated water system and the Water Right.
A. The Water Right is part of Natural Soda’s unified, integrated water system confirmed
in the decree entered by the District Court, Water Division 5, in Case No. 88CW420,
under which Natural Soda operates. B. Natural Soda applied for a water well permit on
October 14, 2004 and the Office of the State Engineer issued Well Permit No. 62280-F
on February 18, 2005. Natural Soda has also applied for two additional water well
permits. C. Natural Soda has maintained its federal sodium leases, which comprise
approximately 8,224 acres in the Piceance Creek and Yellow Creek basins in Rio Blanco
County. The federal sodium leases and the location of the acres to which they pertain are
set forth in the decree entered in Case No. 88CW420. D. Natural Soda has continued to
expand production and develop its existing sodium processing plant and related facilities
in the Piceance Creek and Yellow Creek basins, including capital improvements,
maintenance and upgrades of existing equipment and facilities, various well drilling
activities, plugging certain existing wells, leased facilities and equipment for storage and
transportation of product, replaced controls and weight scales, replaced and modified heat
control and maintenance facilities, installed a stainless steel ladder chute for product
transportation, installed a metal detector and magnet combination to comply with
American Institute of Bakers standards on the super sack packaging line, modified
processing methodology to eliminate dry bulk carbon dioxide gas for packaging,
instituted product recovery program for process pond, replaced portion of dryer bag
house facilities, implemented program to reduce energy consumption and water
consumption, replaced main plant air compressor, installed access platform for truck
tarping, installed equipment to prevent slippage of tires on loading docks, and other
related activities. Natural Soda has also obtained and maintained various quality
assurance standards and certifications, and posted additional performance bonds. The
development and maintenance of the existing sodium processing plant and related
facilities are prerequisites to the current use and future use of Natural Soda’s integrated
water system and the Water Right. E. Natural Soda has continued its architectural,
construction, engineering, financing, permitting, and other work regarding the planned
expansion of its existing sodium processing plant and related facilities in the Piceance
Creek and Yellow Creek basins, which is anticipated to be completed over the next three
years. Such planned expansion includes drilling another water-producing well. Upon
completion of Natural Soda’s expanded sodium processing plant and related facilities,
Natural Soda’s use of water from its integrated water system and the Water Right will
increase. The Water Right is an integral part of Natural Soda’s operations. F. Natural
Soda has continued its research and development work regarding Natural Soda’s
contemplated oil shale operations in the Piceance Creek and Yellow Creek basins.
Natural Soda has continued to actively pursue oil shale operations in the Piceance Creek
and Yellow Creek basins, including filing of nominations for oil shale research and
development leases with the federal government. Natural Soda’s contemplated oil shale
operations will require the use of water diverted under Natural Soda’s water rights,
including the water rights in Natural Soda’s integrated water system and the Water Right.
G. Natural Soda has leased water associated with its integrated water system to Shell
Frontier Oil and Gas, Inc. H. Natural Soda has prosecuted its water rights applications to
further develop and improve the operations of its integrated water system, including the
application in Case No. 98CW315 in District Court, Water Division 5. Natural Soda has
filed and prosecuted applications for findings of reasonable diligence in the development
of Natural Soda’s water rights, including the water rights in Natural Soda’s integrated
water system. Such applications include those in the in the following cases in Water
Court for Division 5: Case Nos. 05CW41, 06CW135, 06CW136, and 07CW91. Natural
Soda has retained experts to conduct investigations and prepare reports regarding various
aspects of the water rights in Natural Soda’s integrated water system. I. Natural Soda has
taken actions to protect its water rights, including the water rights in Natural Soda’s
integrated water system and the Water Right. Natural Soda has been a party to and
participated in numerous water court proceedings regarding water rights on Piceance
Creek, Yellow Creek, the White River, and the Colorado River and their tributaries.
Natural Soda has retained experts to conduct investigations and prepare reports regarding
various aspects of the claims in these cases. Natural Soda has actively participated in the
proceedings regarding the State Engineer’s proposed Produced Nontributary Ground
Water Rules, 2 CCR 402-17. Natural Soda has retained an expert to investigate and
prepare reports regarding the potential effects of coalbed methane and conventional oil
and gas mining in the Piceance Basin on Natural Soda’s water rights, including the water
rights in Natural Soda’s integrated water system and the Water Right. J. Since the last
diligence proceeding, Natural Soda has spent in excess of $50 Million in the completion
of the foregoing actions. 5. Name and address of owner of land on which any new
diversion structure 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: The land on which the well is
located is owned by the United States Bureau of Land Management, which is leased by
Natural Soda: Kent Walker, Field Manager, White River Resource Area, Bureau of Land
Management, 220 East Market Street,
Meeker, Colorado 81641. WHEREFORE,
Natural Soda requests that this Court enter a decree finding that Natural Soda has
proceeded with reasonable diligence toward the completion of the appropriation of the
Water Right and continue the Water Right in full force and effect for another diligence
period.
12. Case No. 2010CW14 (C/R Case Nos. W-2887, 81CW314, 85CW307, 89CW227,
96CW68, and 03CW12). APPLICATION FOR FINDING OF REASONABLE
DILIGENCE IN DEVELOPMENT OF WATER RIGHTS. RIO BLANCO
COUNTY. 1. Name, Address, Telephone Number of Applicant. Natural Soda, Inc.
(“Natural Soda”), 3200 County Road 31, Rifle, Colorado 81650 (970) 878-3674. 2.
Name of Structure: Industrial Resources Well No. D-20-1-2. 3. Description of
Conditional Water Right: A. Original Decree: Case No. W-2887, November 7, 1977,
District Court, Water Division 5. B. Subsequent Decrees: Decrees finding the exercise of
reasonable diligence in the development of the conditional water right that is the subject
of this application (“Water Right”) were entered by the District Court, Water Division 5,
in Case No. 81CW314 on April 14, 1982; Case No. 85CW307 on April 14, 1986; Case
No. 89CW227 on March 20, 1990, Case No. 96CW68 on January 7, 1997; and Case No.
03CW12 on February 27, 2004. In the decree entered in Case No. 88CW420 on April 13,
1991, the Water Right was included in a judicially-approved augmentation plan and the
District Court, Water Division 5, approved a change of water right for the Water Right to
be diverted at alternate points of diversion. C. Legal Description: In the NE1/4 of the
NE1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M., at a point S
41̊13' W. 1,688.29 feet from the Northeast Corner of said Section 20. D. Source of
Water: Tributary ground water. E. Appropriation Date: November 8, 1974. Amount:
5.00 c.f.s, CONDITIONAL. F. Use: Industrial, commercial, irrigation, municipal,
domestic and livestock purposes. G. Depth: 1498 feet. H. Well Permits: The Water
Right has been divertable through the alternate point of diversion decreed in Case No.
88CW420 through the well with Well Permit No.036778-F. The water associated with
the Water Right was also divertable through the well to be operated pursuant to Well
Permit No. 62280-F. Pursuant to the terms of the decree entered in Case No. 88CW420,
Natural Soda has filed two well permit applications with the Colorado State Engineer,
and the applications have not been acted on as of the date of this filing. The water
associated with the Water Right may be diverted through the two new wells to be
constructed pursuant to the well permit applications. 4. Outline of what has been done
towards completions or for completion of the appropriation and application of water to a
beneficial use as conditionally decreed, including expenditures: The following
description is not intended to be all inclusive, but is merely illustrative of Natural Soda’s
continued diligence in development of its integrated water system and the Water Right.
A. The Water Right is part of Natural Soda’s unified, integrated water system confirmed
in the decree entered by the District Court, Water Division 5, in Case No. 88CW420,
under which Natural Soda operates. B. Natural Soda applied for a water well permit on
October 14, 2004 and the Office of the State Engineer issued Well Permit No. 62280-F
on February 18, 2005. Natural Soda has also applied for two additional water well
permits. C. Natural Soda has maintained its federal sodium leases, which comprise
approximately 8,224 acres in the Piceance Creek and Yellow Creek basins in Rio Blanco
County. The federal sodium leases and the location of the acres to which they pertain are
set forth in the decree entered in Case No. 88CW420. D. Natural Soda has continued to
expand production and develop its existing sodium processing plant and related facilities
in the Piceance Creek and Yellow Creek basins, including capital improvements,
maintenance and upgrades of existing equipment and facilities, various well drilling
activities, plugging certain existing wells, leased facilities and equipment for storage and
transportation of product, replaced controls and weight scales, replaced and modified heat
control and maintenance facilities, installed a stainless steel ladder chute for product
transportation, installed a metal detector and magnet combination to comply with
American Institute of Bakers standards on the super sack packaging line, modified
processing methodology to eliminate dry bulk carbon dioxide gas for packaging,
instituted product recovery program for process pond, replaced portion of dryer bag
house facilities, implemented program to reduce energy consumption and water
consumption, replaced main plant air compressor, installed access platform for truck
tarping, installed equipment to prevent slippage of tires on loading docks, and other
related activities. Natural Soda has also obtained and maintained various quality
assurance standards and certifications, and posted additional performance bonds. The
development and maintenance of the existing sodium processing plant and related
facilities are prerequisites to the current use and future use of Natural Soda’s integrated
water system and the Water Right. E. Natural Soda has continued its architectural,
construction, engineering, financing, permitting, and other work regarding the planned
expansion of its existing sodium processing plant and related facilities in the Piceance
Creek and Yellow Creek basins, which is anticipated to be completed over the next three
years. Such planned expansion includes drilling another water-producing well. Upon
completion of Natural Soda’s expanded sodium processing plant and related facilities,
Natural Soda’s use of water from its integrated water system and the Water Right will
increase. The Water Right is an integral part of Natural Soda’s operations. F. Natural
Soda has continued its research and development work regarding Natural Soda’s
contemplated oil shale operations in the Piceance Creek and Yellow Creek basins.
Natural Soda has continued to actively pursue oil shale operations in the Piceance Creek
and Yellow Creek basins, including filing of nominations for oil shale research and
development leases with the federal government. Natural Soda’s contemplated oil shale
operations will require the use of water diverted under Natural Soda’s water rights,
including the water rights in Natural Soda’s integrated water system and the Water Right.
G. Natural Soda has leased water associated with its integrated water system to Shell
Frontier Oil and Gas, Inc. H. Natural Soda has prosecuted its water rights applications to
further develop and improve the operations of its integrated water system, including the
application in Case No. 98CW315 in District Court, Water Division 5. Natural Soda has
filed and prosecuted applications for findings of reasonable diligence in the development
of Natural Soda’s water rights, including the water rights in Natural Soda’s integrated
water system. Such applications include those in the in the following cases in Water
Court for Division 5: Case Nos. 05CW41, 06CW135, 06CW136, and 07CW91. Natural
Soda has retained experts to conduct investigations and prepare reports regarding various
aspects of the water rights in Natural Soda’s integrated water system. I. Natural Soda has
taken actions to protect its water rights, including the water rights in Natural Soda’s
integrated water system and the Water Right. Natural Soda has been a party to and
participated in numerous water court proceedings regarding water rights on Piceance
Creek, Yellow Creek, the White River, and the Colorado River and their tributaries.
Natural Soda has retained experts to conduct investigations and prepare reports regarding
various aspects of the claims in these cases. Natural Soda has actively participated in the
proceedings regarding the State Engineer’s proposed Produced Nontributary Ground
Water Rules, 2 CCR 402-17. Natural Soda has retained an expert to investigate and
prepare reports regarding the potential effects of coalbed methane and conventional oil
and gas mining in the Piceance Basin on Natural Soda’s water rights, including the water
rights in Natural Soda’s integrated water system and the Water Right. J. Since the last
diligence proceeding, Natural Soda has spent in excess of $50 Million in the completion
of the foregoing actions. 5. Name and address of owner of land on which any new
diversion structure 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: The land on which the well is
located is owned by the United States Bureau of Land Management, which is leased by
Natural Soda: Kent Walker, Field Manager, White River Resource Area, Bureau of Land
Management, 220 East Market Street, Meeker, Colorado 81641. WHEREFORE, Natural
Soda requests that this Court enter a decree finding that Natural Soda has proceeded with
reasonable diligence toward the completion of the appropriation of the Water Right and
continue the Water Right in full force and effect for another diligence period.
13. Case No. 10CW15 (03CW314) MOFFAT COUNTY Amended Application for
Finding of Reasonable Diligence. This Amended Application is being filed to update
Exhibit B to the Application for Finding of Reasonable Diligence filed on February 26,
2010. The application is being re-submitted in its entirety. Applicants: City of Craig
(“City”), Attn: Jim Ferree, Manager, 300 West Fourth Street, Craig, Colorado 81625,
(970) 824-8151; c/o Sherry A. Caloia, 1204 Grand Avenue, Glenwood Springs, CO
81601-3804; Tri-State Generation and Transmission Association, Inc. (ATri-State@),
Attn: William F. Haffner, Senior Manager, Fuel and Water Resources, P. O. Box 33695,
Denver, Colorado 80233-0695, (303)452-6111 c/o Timothy J. Beaton, Moses,
Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, Colorado 80306.
Tri-State is the operator of the Craig Station Power Plant, and is acting in this matter on
behalf of the owners of Units 1 and 2 of the Craig Station Power Plant, which owners are
collectively known as the AYampa Participants@: PacifiCorp, an Oregon corporation,
d/b/a PacifiCorp Electric Operations, (19.28% undivided ownership interest); Platte
River Power Authority, a Colorado political subdivision and power authority, (18.00%
undivided ownership interest); Public Service Company of Colorado, a Colorado
corporation, (9.72% undivided ownership interest); Salt River Project Agricultural
Improvement and Power District, an Arizona agricultural improvement district,
(29.00% undivided ownership interest); Tri-State Generation and Transmission
Association, Inc., a Colorado cooperative corporation, (24.00% undivided ownership
interest). 2. Names of structure: California Park Reservoir. Type: Reservoir.
3. Description of conditional water rights: a. Original decree: May 30, 1972 in Civil
Action No. 2259, by the District Court of Moffat County, State of Colorado.
i. Subsequent decrees awarding findings of diligence: In the District Court in and for
Water Division No. 6, the following: Case Nos. W-144 on January 14, 1974, W144-76
on November 14, 1979; 80CW49 on March 17, 1982, 85CW107 on February 20, 1986,
89CW101 on August 30, 1990, 96CW63 on February 24, 1997 and 03CW14 on
February 11, 2004. ii. Change of water right decree: By the decree entered May 12,
1998 in Case No. 93CW131, Applicants were granted a change of water right transferring
the total amount of the California Park Reservoir decree owned by Applicants (13,699
acre-feet, conditional) to a new place of storage at Elkhead Creek Reservoir. Elkhead
Creek Reservoir is located in Section 16, Township 7 North, Range 89 West of the
6th P.M., in Moffat County, Colorado. On April 13, 1998, Applicants were granted a
right-of-way by the State of Colorado, acting by and through the State Board of Land
Commissioners, providing for a perpetual and exclusive right-of-way over, under and
across state trust lands for the use of certain active storage capacity in Elkhead Creek
Reservoir, and a non-exclusive right-of-way for access to and reconstruction, operation
and maintenance of that reservoir. iii. Legal description: The initial point of survey of
California Park Reservoir is located at a point on the right abutment of the dam forming
said reservoir whence the southwest corner of Section 17, Township 9 North, Range 87
West of the 6th P.M., bears South 1314' West a distance of 262 feet. iv. Source:
Elkhead Creek and its tributaries, which is tributary to the Yampa River.
v. Appropriation date: August 7, 1962. vi. Amount: The total decreed amount of
California Park Reservoir is 36,536.1 acre-feet, CONDITIONAL. Applicants own a total
of 13,699 acre-feet, of which 4,945.39 acre-feet conditional are owned by the City and
8,753.61 acre-feet conditional are owned by the Yampa Participants. vii. Use: Irrigation,
domestic, municipal, stockwatering, industrial, power generation, recreational and other
beneficial uses and purposes. 4. Provide a detailed outline of what has been done toward
completion or for completion of the appropriation and application of water to a beneficial
use as conditionally decreed, including expenditures: Tri-State and the Yampa
Participants have spent substantial sums of money during the diligence period for work
related to ensuring adequate water supplies and related water supply facilities for the
Craig Station Power Plant, including legal, environmental and other work to maintain the
viability of possible expansion of capacity at Craig Station. Specifically, Tri-State and/or
the other Yampa Participants have spent $1,660,968.99 on upgrade of the raw water
system for Craig Station, $280,782.31 to build dewatering basins for pond dredging and
maintenance, and more than $40 million to increase the capacity of Unit 3 at Craig
Station. During the preceding diligence period, Tri-State and the Yampa Participants
have also expended approximately $94,788 for legal services related to the evaluation
and protection of the water supply for the Craig Station Power Plant, including the
subject conditional water right. These expenses have included the costs of negotiation
and implementation of an operating agreement for storage of the subject conditional
water rights and other water right in Elkhead Reservoir, participation in several water
cases in the Division No. 6 Water Court to protect the subject conditional water right
from injury due to changes of water rights proposed by other parties, and providing
comments on the Bureau of Land Management’s proposal to designate segments of the
Yampa River as Wild and Scenic under the Wild and Scenic Rivers Act. The City
continued to conduct extensive negotiations with the State of Colorado, the Colorado River
Water Conservation District and the Yampa participants concerning the expansion of
Elkhead Reservoir to further provide water service to the City, which negotiations resulted
in an agreement and the expansion of the reservoir. The City expanded and updated its
water master plan along with its water consultants. The system improvements included
expanding the water treatment plant and treated water line, incorporating more treated water
storage into the City’s system, undertaking investigations for more surface water sources,
and the phased development of its municipal facilities in order to provide for logical
physical development consistent with the financial position of the City. These activities are
all necessary prior to the development and use of the subject water right as part of an
integrated overall municipal water system. The City has experienced growth over the last
six years. The City has expended substantial sums of money on materials, labor and
personnel to operate, maintain and repair its water facilities. The City has paid
consultants, engineers, lawyers and planners substantial sums of money to study, develop
plans and develop and use its water resources. The City hired consultants to assist in
evaluating the water supply for the City, including engineering analysis and legal work to
determine expansion of service areas and necessary repair and replacement of systems. The
City completed a $9.1 million dollar upgrade to its water treatment facilities that
expanded the capacity of its physical water supply of potable water from 6 million
gallons per day to 12 million gallons per day. These improvements also upgraded the
quality of the treated water to meet state and federal drinking water standards. The City
has completed maintenance and repair on its water systems, water intake and the sewer
treatment plant. The City has replaced water lines, made water meter upgrades and water
plant upgrades, made water line improvements, improved fire flow capacities, made
improvements to water plant controls, made road improvements for access roads to water
facilitates and numerous other plant and system improvements. The City also conducted
water loss inspections and made improvements to buildings which house facilities. The
City has conducted substantial operation and maintenance activities on Elkhead Reservoir
and its facilities over the past six years. The City continued to maintain, operate and
repair its water delivery system throughout the City to be able to provide and expand
water service to its citizens. The City expanded its water service to additional customers
over the six year period. 5. Reservation of right to provide additional information. The
foregoing description of activities is intended to be general, and not all-inclusive.
Applicants reserve the right to provide additional activities toward the development of the
subject conditional water right. 6. Map of structures. A map of the above structures is
attached as Exhibit A to the application. 7. Name(s) and address(es) of owner(s) or
reputed owners of 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. The name(s) and address(es) of owner(s) or reputed owners of 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 is listed in the Exhibit B to the
application. WHEREFORE, Tri-State requests that the Court enter a decree granting this
application and: 1. Finding that reasonable diligence has been exercised by Applicants
towards completion of the conditional appropriation for California Park Reservoir;
2. Continuing applicants= respective ownership interests in the California Park Reservoir
conditional water right in the amounts set forth in paragraph 3 above; and 3. As to the
ownership interest of Tri-State and the other Yampa Participants in California Park
Reservoir, determining that the subject conditional water right, together with the other
conditional water rights described in paragraph 3 above, are part of a single Aproject or
integrated system@ within the meaning of C.R.S. ' 37-92-301(4)(b) for purposes of
determinations of reasonable diligence.
EXHIBIT B
Names and Addresses of Owners of 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: City of Craig, 300 West Fourth Street, Craig, CO 81625; Colorado
River Water Conservation District, PO Box 1120, Glenwood Springs, CO 81602; Henry
Cartan, P.O. Box 773853, Steamboat Springs, CO 80477-3853; Lewis Newton Day,
Vickie J. Lewis, 46655 RCR 76, Hayden, CO 81639; Flanders Ranch, LLC, et al., P.O.
Box 211, Hayden, CO 81639-0211; Stanton W. Greenwood, Ruth Anne Greenwood,
5501 CR 29, Craig, CO 81625; Lonnie Kawcak, Lorraine M. Kawcak, 1960 Yampa,
Craig, CO 81625; Routt County, P.O. Box 773598, Steamboat Springs, CO 80477-3598;
Patricia M. Turner, 6672 County Road 29, Craig, CO 81625-6833; Donald D. Zulian,
Beverly J. Zulian Trust, 5712 County Road 29, Craig, CO 81625; Moffat County, 221 W.
Victory Way, Suite 130, Craig, CO 81625.
14. 09CW16 (03CW313) ROUTT AND MOFFAT COUNTIES Application for
Finding of Reasonable Diligence. Applicant: Tri-State Generation and Transmission
Association, Inc. (ATri-State@), Attn: William F. Haffner, Senior Manager, Fuel and
Water Resources, P. O. Box 33695, Denver, Colorado 80233-0695, (303)452-6111 c/o
Timothy J. Beaton, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440,
Boulder, Colorado 80306. Tri-State is the operator of the Craig Station Power Plant, and
is acting in this matter on behalf of the owners of Units 1 and 2 of the Craig Station
Power Plant, which owners are collectively known as the AYampa Participants@:
PacifiCorp, an Oregon corporation, d/b/a PacifiCorp Electric Operations; Platte River
Power Authority, a Colorado political subdivision and power authority; Public Service
Company of Colorado, a Colorado corporation; Salt River Project Agricultural
Improvement and Power District, an Arizona agricultural improvement district; TriState Generation and Transmission Association, Inc., a Colorado cooperative
corporation. Collectively, Tri-State and the Yampa Participants shall be referred to as
“Applicant.” Names of structures: a. Four Counties Ditch No. 3, Headgate No. 8. Type:
Surface diversion. b. Wessels Canal. Type: Surface diversion. 3. Description of
conditional water rights: a. Four Counties Ditch No. 3, Headgate No. 8. i. Original
decree: March 30, 1964, and amended September 8, 1970 in Civil Action No. 3538, in
the District Court of Routt County, Colorado. ii. Subsequent decrees making partially
absolute and awarding findings of diligence:
(1) Case No. 94CW129 entered
February 24, 1997 by the District Court in and for Water Division No. 6 made absolute
45.89 cfs of Applicant’s 50 cfs of Four Counties Ditch No. 3, Headgate No. 8, water right
for industrial uses, including but not limited to power generation, and for mining uses and
continued the remaining purposes conditional in the amount of 50 cfs. (2) Case No.
03CW13 entered February 9, 2004 in the District Court in and for Water Division No. 6
continued 50 cfs as conditional, for domestic, irrigation, recreational, and all other
beneficial uses associated with the purposes of the Craig Station Power Plant and its
related lands and facilities, and 4.11 cfs as conditional, for industrial, generation of
electric power and energy, and mining uses. No part of Applicant’ ownership is decreed
for municipal use pursuant to the decree in Case No. 03CW13. iii. Legal description: At
a point on Long Park Creek South 4248' East 9,195 feet to the northwest corner of
Section 7, Township 5 North, Range 82 West of the 6th P.M. as depicted on Exhibit A.
iv. Source: Long Park Creek, tributary to Walton Creek, tributary to the Yampa River.
v. Appropriation date: June 2, 1958. vi. Amount and use: 260 cfs, of which Applicant
own 50 cfs, designated for the following beneficial uses: (1) 45.89 cfs (of Applicant’s
50 cfs) absolute for industrial uses including but not limited to power generation and for
mining.
(2) 50 cfs (of Applicant’s 50 cfs) conditional for domestic, irrigation,
recreational, and all other beneficial uses associated with the purposes of Craig Station
Power Plant and its related facilities. (3) 4.11 cfs (of Applicant’s 50 cfs) conditional for
industrial, generation of electric power and energy and mining uses. vii. Remarks: TriState transferred 15 cfs absolute for industrial uses including power generation and for
mining uses, and conditional for domestic, municipal, irrigation and recreation uses of
Four Counties Ditch No. 3, Headgate No. 8 to the Yampa Participants by quitclaim deed
dated January 26, 1999. As discussed above, municipal use was subsequently removed
by decree in Case No. 03CW13. b. Wessels Canal: i. Original decree: March 30, 1964,
and amended November 4, 1968 in Civil Action No. 3538, in the District Court of Routt
County, Colorado. ii. Subsequent decrees making partially absolute and awarding
findings of diligence: The decree entered April 21, 1982 in Case No. 80CW44 made
absolute 45.7 of the 120 cfs decreed in Civil Action No. 3538 for domestic and industrial
uses, including power generation. Applicant now own 67.5 cfs of the 120 cfs which
includes 30.35 cfs of 45.7 cfs made absolute in Case No. 80CW44. Diligence was found
in subsequent Case Nos. 88CW49, 94CW129, and 03CW13. Tri-State’s ownership of
67.5 of the 120 cfs is therefore absolute in the amount of 30.35 cfs for domestic and
industrial uses including power generation; 37.15 cfs remain conditional for all decreed
uses; and the entire 67.5 cfs remain conditional for irrigation, stockwater, piscatorial, and
recreational uses. No part of Applicant’ ownership is decreed for municipal use pursuant
to the decree in Case No. 03CW13. iii. Legal description: On the left bank of the Yampa
River approximately one-half mile downstream from the outlet of the Bear Reservoir at a
point whence the northwest corner of Section 9, Township 4 North, Range 84 West of the
6th P.M., bears North 241' West a distance of 19,285 feet, as depicted on Exhibit A.
iv. Source: Yampa River. v. Appropriation date: September 30, 1961. vi. Amount and
use: 120 cfs, of which Applicant owns 67.5 cfs, for the following beneficial uses:
(1) 30.35 cfs (of Applicant’s 67.5 cfs), ABSOLUTE for domestic and industrial uses
including power generation; (2) 37.15 cfs (of Applicant’s 67.5 cfs), CONDITIONAL for
all decreed uses; and (3) Applicant’s entire 67.5 cfs CONDITIONAL for irrigation,
stockwater, piscatorial, and recreational uses. vii. Change of water right decrees: The
decrees entered May 19, 1978 in Case Nos. W-1091-76 and W-1243-77 changed the Four
Counties Project water rights, including the conditional water right decreed to the Four
Counties Ditch No. 3, Headgate No. 8, to alternate points of diversion, storage and place
of use in the Yampa River basin directly or by exchange for domestic, municipal,
irrigation, industrial, generation of electric power and energy, mining, recreation and
other beneficial uses which were not specified in said decrees, with the right to use, reuse
and make successive use of the water diverted or stored under said water rights until
100% of such water has been consumptively used. The decree entered May 14, 1980 in
Case No. 79CW111 in the District Court for Water Division No. 6 established the
following additional and alternate points of diversion for the Wessels Canal water right.
The decree in 03CW13 discontinued the conditional municipal use at paragraph 8.A. The
alternate points of diversion include the following diversion points: (1) The headgate of
the Givens Ditch, the decreed location of which is at a point on the south bank of the
Yampa River and lying approximately 290 feet northwesterly from the point where the
centerline of U.S. Highway No. 40 crosses the south bank of the river in Section 9,
Township 6 North, Range 87 West of the 6th P.M., in Routt County, Colorado, more
specifically described as follows: Beginning at the existing monument located at the
southwest corner of Section 9, Township 6 North, Range 87 West of the 6th P.M., in
Routt County, Colorado, thence proceeding North 0°15’33” West a distance of
1,351.36 feet to a property corner; thence North 86°49’55” East along a property
boundary a distance of 822 feet more or less to the point where said property boundary
intersects the south bank of the Yampa River; thence proceeding southeasterly along the
south bank of the Yampa River a distance of 95 feet more or less to the point of the
diversion. (2) The headgate of the Colorado Utilities Ditch and Pipeline, which is
decreed for alternate points of diversion at the following locations: (a) At a point on the
left bank of a channel of the Yampa River from whence the north quarter corner of
Section 16, Township 6 North, Range 86 West of the 6th P.M., bears North 3355' West
2193 feet. (b) At the decreed location of the Givens Ditch, as described above. (3) The
headgate of the Craig Station Ditch and Pipeline, which is decreed for alternate points of
diversion at the following locations: (a) Diversion Point No. 1: A point located on the
south bank of the Yampa River from which the southwest corner of Section 16,
Township 6 North, Range 91 West of the 6th P.M., bears South 2249'01" West a
distance of 4325.85 feet. (b) Diversion Point No. 2: A point located on the south bank of
the Yampa River from which the southwest corner of Section 16, Township 6 North,
Range 91 West of the 6th P.M., bears South 2326'51" West a distance of 4402.45 feet.
(c) Diversion Point No. 3: A point located on the south bank of the Yampa River from
which the southwest corner of Section 16, Township 6 North, Range 91 West of the
6th P.M., bears South 2435' West a distance of 4825.00 feet. (4) The above described
Diversion Point No. 3 has been decreed as a point of diversion or as an additional and
alternate point of diversion for water rights in excess of the present capacity of the
diversion facilities of the Craig Station Ditch and Pipeline. In addition to the Wessels
Canal water right and the Four Counties Project water rights including the Four Counties
Ditch No. 3, Headgate No. 8 water right, as respectively changed in the above referenced
Case Nos. 79CW111 and W-1091-76, the water rights decreed for diversion at the Craig
Station Ditch and Pipeline also include the following: (a) A conditional water right for
60 cfs decreed to the Synthetic Products Ditch, with an appropriation date of
September 17, 1951, pursuant to the decree entered on September 1, 1960 in Civil Action
No. 1278, District Court of Moffat County, 26.828 cfs of which was made absolute in
Case Nos. 80CW45 and 91CW43, by the District Court for Water Division No. 6. (b) A
conditional water right for 60 cfs decreed to the Craig Station Ditch and Pipeline, with an
appropriation date of November 1, 1972, pursuant to the decree entered on November 7,
1975 in Case No. W-723-74, District Court for Water Division No. 6, 44.93 cfs of which
was made absolute in Case Nos. W-723-77 and 79CW142, by the District Court for
Water Division No. 6. 4. Provide a detailed outline of what has been done toward
completion or for completion of the appropriation and application of water to a beneficial
use as conditionally decreed, including expenditures: Tri-State and the Yampa
Participants have spent substantial sums of money during the diligence period for work
related to ensuring adequate water supplies and related water supply facilities for the
Craig Station Power Plant, including legal, environmental and other work to maintain the
viability of possible expansion of capacity at Craig Station. Specifically, Tri-State and/or
the other Yampa Participants have spent $1,660,968.99 on upgrade of the raw water
system of Craig Station, $280,782.31 to build dewatering basins for pond dredging and
maintenance, and more than $40 million to increase the capacity of Unit 3 at Craig
Station. During the preceding diligence period, Tri-State and the Yampa Participants
have also expended approximately $94,788 for legal services related to the evaluation
and protection of the water supply for the Craig Station Power Plant, including the
subject conditional water right. These expenses have included the costs of participation
in several water cases in the Division No. 6 Water Court to protect the subject conditional
water right from injury due to changes of water rights proposed by other parties. These
expenses also include providing comments on the Bureau of Land Management’s
proposal to designate segments of the Yampa River as Wild and Scenic under the Wild
and Scenic Rivers Act. 5. Map of structures. A map of the above structures is attached
as Exhibit A. 6. Names and addresses of owners or reputed owners of 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.
Tri-State Generation and
Transmission Association, Inc.; PacifiCorp, an Oregon corporation, d/b/a PacifiCorp
Electric Operations, (19.28% undivided ownership interest), 825 NE Multonah, Portland,
OR 97232; Platte River Power Authority, a Colorado political subdivision and power
authority, (18.00% undivided ownership interest), 200 East Horsetooth Road, Fort
Collins, CO 80525-5721; Public Service Company of Colorado, a Colorado corporation,
(9.72% undivided ownership interest), 1225 17th Street, Suite 900, Denver, CO
80202-5599; Salt River Project Agricultural Improvement and Power District, an Arizona
agricultural improvement district, (29.00% undivided ownership interest), 1521 North
Project Drive, Tempe, AZ 85281-1298. WHEREFORE, Applicant requests that the
Court enter a decree granting this application and: 1. Confirming that the Four Counties
Ditch No. 3, Headgate No. 8, and Wessels Canal conditional water rights, together with
the other conditional water rights described in paragraph 4 above, are part of a single
Aproject or integrated system@ within the meaning of C.R.S. ' 37-92-301(4)(b) for
purposes of determinations of reasonable diligence; 2. Determining that Applicant have
exercised reasonable diligence towards completion of the conditional appropriations for
the Four Counties Ditch No. 3, Headgate No. 8, and the Wessels Canal; and
3. Continuing the conditional portions of Applicant’s water rights in the following
amounts: Four Counties Ditch No. 3, Headgate No. 8: 50 cfs, CONDITIONAL, for
domestic, irrigation and recreational uses; 4.11 cfs, CONDITIONAL, for all decreed
uses. Wessels Canal: 67.5 cfs, CONDITIONAL, for irrigation, stockwatering,
piscatorial and recreational uses; 37.15 cfs, CONDITIONAL, for all decreed uses.
15. 10CW17 RIO BLANCO COUNTY (02CW31) Application for Finding of
Reasonable Due Diligence. Applicant: M.T.W. Ranch LLC, c/o Trina K. Zagar Brown,
Cooley Zagar Brown, PC, PO Box 2440, Meeker, Colorado 81641,
trina@cooleyzagarbrown.com, Telephone: 970-878-5065. Name of Structure: P.L.
RESERVOIR No.1. Date of Original Decree: November 2, 1984, (Case No. 81CW403,
Division 5). Location: The P.L. Reservoir No. 1 is located in Township 3 South, Range
97 West, 6th P.M., Section 2 NE 1/4 SW ½ at a point whence the S 1/4 corner of said
Section 2 bears South 06º 55’ 24’’ East 1,608.5 feet. Source: Willow Creek, tributary of
Piceance Creek, Tributary of the White River. Amount Claimed: 133.3 acre feet. Uses:
irrigation, stock water, municipal, industrial and domestic purposes. Name and address
of Landowner: Applicant / MTW Ranch LLC, 2212 Common Street, Lake Charles, LA
70601, Phone: 337-436-0808. The filed Application contains detailed information
regarding the work completed during the diligence period.
16. Case No. 10CW 18 (02CW81) ROUTT COUNTY - Yampa River; Brian K. Strandes, Holly L.
Strandes, Frank H. Sullivan, Jennie M. Goggins, Leonard David Sutton, as Trustee of the Leonard David
Sutton Revocable Living Trust, and Jane Leorene Sutton, as Trustee of the Jane Leorene Sutton Revocable
Living Trust, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300,
Grand Junction, CO 81506, (970) 241-5500; APPLICATION FOR FINDING OF REASONABLE
DILIGENCE; I. GENERAL INFORMATION: Name, address, telephone number of Applicants: Brian K.
Strandes and Holly L. Strandes, 6198 S. Alton Way, Greenwood Village, CO 80111, (303) 229-5643;
Frank H. Sullivan and Jennie M. Goggins, 30683 Blue Mountain Road, Golden, CO 80403, (303) 6420260; and Leonard David Sutton, as Trustee of the Leonard David Sutton Revocable Living Trust and Jane
Leorene Sutton, as Trustee of the Jane Leorene Sutton Revocable Living Trust, P.O. Box 646, Hilo, HI
96721, (808) 935-6789; II. REQUEST FOR FINDING OF REASONABLE DILIGENCE: Name of
structure: Greenridge Ditch; Description of conditional water right: A. Date of original decree: January 4,
2004, Case No.: 02CW81; B. Legal description of point of diversion: The original point of diversion for
the Greenridge Ditch is located in the SE/4 SE/4 of Section 17, T3N, R84W, 6 th P.M., at a point which is
725 feet from the east section line and 600 feet from the south section line. The alternate point of diversion
for the Greenridge Ditch is located in the NW/4 SW/4 of Section 16, T3N, R84W, 6 th P.M. at a point which
is 725 feet from the west section line and 2,650 feet from the south section line; C. Source: Unnamed
tributary to Little Morrison Creek, tributary to the Yampa River; D. Appropriation date: May 31, 2002,
Amount: 0.50 c.f.s., conditional, to be diverted at one or both points of diversion described above, but the
total combined diversions shall not exceed 0.50 c.f.s.; E. Use: Irrigation, livestock, fire protection, and use
as a filling source for the Greenridge Pond Enlargement; i) If irrigation: When diverted at the primary
point of diversion, approximately five acres of land will be irrigated located in the E/2 SE/4 SE/4 of Section
17 and the W/2 SW/4 SW/4 of Section 16, all in T3N, R84W, 6 th P.M. When diverted at the alternate point
of diversion, approximately two acres of land will be irrigated located in the SE/4 NW/4 of Section 16,
T3N, R84W, 6th P.M.; Outline of what has been done towards application of water to beneficial use:
Applicants Strandes and Sullivan have both consulted with Northwest Colorado Consultants, Inc.
(“NWCC”), a geotechnical and environmental engineering firm located in Steamboat Springs, regarding
the improvement of the Greenridge Ditch and other structures related to this Application. NWCC provided
Applicants with a preliminary geotechnical evaluation of the proposed work. The preparation of that
proposal cost Applicants $876.00 (Strandes) and $718.00 (Sullivan). Copies of those evaluations and the
resulting invoices are attached as Exhibit 2 and 3. Additionally, Applicants’ predecessors in title invested a
substantial amount of time and money in securing the necessary rights of access and negotiating a water
sharing agreement; III. REQUEST FOR FINDING OF REASONABLE DILIGENCE: Name of structure:
Greenridge Pond Direct Flow Diversion; Description of conditional water right: A. Date of original decree:
January 4, 2004, Case No.: 02CW81; B. Legal description of point of diversion: The point of diversion for
the Greenridge Pond Direct Flow Diversion is located on the shore of the Greenridge Pond in the SE/4
SE/4 of Section 17, T3N, R84W, 6th P.M., at a point which is 300 feet from the east section line and 600
feet from the south section line; C. Source: Naturally occurring volume of water in Greenridge Pond, a
natural lake tributary to an unnamed stream, tributary to Little Morrison Creek, tributary to the Yampa
River; D. Appropriation date: May 31, 2002, Amount: 0.133 c.f.s., conditional; E. Use: Irrigation,
livestock, fire protection; i) If irrigation: Approximately five acres of land will be irrigated located in the
E/2 SE/4 SE/4 of Section 17, and the W/2 SW/4 SW/4 of Section 16, all in T3N, R84W, 6 th P.M.; Outline
of what has been done towards application of water to beneficial use: Applicant Sutton has consulted with
NWCC regarding the construction of the Greenridge Pond Direct Flow Diversion in conjunction with
constructing the Greenridge Pond Enlargement. NWCC provided Applicant with a preliminary
geotechnical evaluation of the proposed work. The cost of preparing that proposal was $788.00.
Additionally, Applicants’ predecessors in title invested a substantial amount of time and money in securing
the necessary rights of access and negotiating a water sharing agreement; IV. REQUEST FOR FINDING
OF REASONABLE DILIGENCE: Name of structure: Greenridge Pond Enlargement; Description of
conditional water right: In Case No. 02CW81 the Water Court held that the Greenridge Pond was a natural
lake, but granted a conditional right for the enlargement of that structure; A. Date of original decree:
January 4, 2004, Case No.: 02CW81; B. Legal description of point of diversion: The Greenridge Pond
Enlargement is located in the SE/4 SE/4 of Section 17, T3N, R84W, 6 th P.M., at a point which is 300 feet
from the east section line and 600 feet from the south section line; C. Source: The Greenridge Ditch
(through the primary point of diversion), which diverts from an unnamed tributary to Little Morrison
Creek, tributary to the Yampa River; D. Appropriation date: May 31, 2002, Amount: 4.0 acre feet; E. Use:
Irrigation, livestock, fire protection, piscatorial; i) If irrigation: Irrigation will occur on 5 acres of land in
the E/2 SE/4 SE/4 of Section 17 and the W/2 SW/4 SW/4 of Section 16, all in T3N, R84W, 6 th P.M.;
Outline of what has been done towards application of water to beneficial use: Applicant Sutton has
consulted with NWCC regarding the construction of the Greenridge Pond Enlargement and other structures
related to this Application. NWCC provided Applicant with a preliminary geotechnical evaluation of the
proposed work. The cost of preparing that proposal was $788.00. Copies of that evaluation and the
resulting invoice are attached as Exhibit 4. Additionally, Applicants’ predecessors in title invested a
substantial amount of time and money in securing the necessary rights of access and negotiating a water
sharing agreement; V. REQUEST FOR FINDING OF REASONABLE DILIGENCE: Name of structure:
Greenridge Pond No. 2; Description of conditional water right: A. Date of original decree: January 4, 2004,
Case No.: 02CW81; B. Legal description of point of diversion: The Greenridge Pond No. 2 is located in the
NW/4 SW/4 of Section 16, T3N, R84W, 6th P.M. at a point which is 200 feet from the west section line and
1,750 feet from the south section line. C. Source: The Greenridge Pond No. 2 is an on-channel structure
that will fill from an unnamed stream, tributary to Little Morrison Creek, tributary to the Yampa River; D.
Appropriation date: May 31, 2002, Amount: 5.0 a.f.; E. Use: Irrigation, livestock and piscatorial; i) If
irrigation: Water from the Greenridge Pond No. 2 will be used to irrigate two acres located in the W/2
NW/4 SW/4 of Section 16, T3N, R84W, 6 th P.M.; Outline of what has been done towards application of
water to beneficial use: Applicant Strandes has consulted with NWCC regarding the construction of the
Greenridge Pond No. 2 and other structures related to this Application. NWCC provided Applicant with a
preliminary geotechnical evaluation of the proposed work. The cost of preparing that proposal was $876.
Additionally, Applicants’ predecessors in title invested a substantial amount of time and money in securing
the necessary rights of access and negotiating a water sharing agreement. (8 pages.)
You are hereby notified that you will have until the last day of APRIL, 2010 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/ M. Rene Mattone
Court Judicial Assistant