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
MARCH, 2015.
15CW3, Jackson County; Application for correction for an established but erroneously described point
of diversion Pursuant to 37-92-305(3.6). Applicant: Crosby Creek Ranch c/o Scott Hoffner, 1365
Steamboat Blvd, Steamboat Springs, Co 80487; 970-879-1559. Structure: Bennett Ditch. Date of Original
decrees: 7/1/1908 case no. CA1784, Court: Region 3. Legal Description: at a point near NE corner of the
SE Quarter of the NW Quarter of Sec 9, T6N, R82W. Source of water: drainage, seep waters, melting
snow, and head gate. Appropriation Date: August 15, 1901. Total amount Decreed: Absolute 6.4 Decreed
Use: irrigation and for the benefit of the party or parties lawfully entitled thereto. Amount Decreed:
Absolute 6.4. Complete statement of correction: Location of head gate in adjudication of 1908 is
incorrect. See iBook for testimony. The digital book was submitted to Erin Light on 3/13/15. Legal
Description of the corrected point of diversion: UTM Coordinates N4483528.66N, E362977.41E, zone
13. Source of UTM: Google Earth Pro. Owner of Land: US Forest Service
15CW3009 Routt County; Steamboat Ski & Resort Corporation, c/o Doug Allen, Vice President –
Mountain Operations, 2305 Mt. Werner Circle, Steamboat Springs, Colorado 80487. Richard A.
Johnson, Esq., David F. Bower, Esq., Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder,
Colorado 80304. Application for Change of Water Rights to Add Alternate Points of Diversion in
ROUTT COUNTY, Colorado. Overview. Steamboat Ski & Resort Corporation (“Steamboat”) operates
the Steamboat Resort. Steamboat has leased certain water rights from the Upper Yampa Water
Conservancy District (the “District”) decreed to the Four Counties Ditch No. 3, Enlargement and
Extension, which will be used to support existing and planned mountain restaurant and other facilities at
the Steamboat Resort. By agreement with the District, this application seeks to change the District’s
water rights associated with the Four Counties Ditch No. 3, Enlargement and Extension, Headgate No.
15, Priority No. 45 C and the Four Counties Ditch No. 3, Enlargement and Extension, Priority No. 45 L to
add four new alternate points of diversion, two tributary to Beaver Creek and two tributary to Priest
Creek, so that the subject water rights can be diverted closer to the Steamboat Resort. Because these
alternate points of diversion are downstream of the existing decreed points of diversion, this change will
not result in injury to any owner of or person entitled to use water under a vested water right or a decreed
conditional water right. A map of the structures that are the subject of this matter is attached hereto as
Exhibit A. Change of Water Right – Four Counties Ditch No. 3, Enlargement and Extension, Headgate
No. 15, Priority No. 45 C. Decreed Water Right for Which Change is Sought. Name of Structure. Four
Counties Ditch No. 3, Enlargement and Extension, Headgate No. 15. Original and all Relevant
Subsequent Decrees. The water right for the Four Counties Ditch No. 3, Enlargement and Extension,
Headgate No. 15, was conditionally decreed on May 30, 1972 in Civil Action No. 3926, in the District
Court of Routt County, Colorado, as Priority No. 45 C. The conditional water right was changed by
decrees entered on May 19, 1978 and September 5, 2003 in Case Nos. W-1091-76 and 01CW41, Water
Division 6, respectively. The right has been continued by diligence decrees entered on June 14, 1974,
August 29, 1977, September 24, 1982, April 3, 1986, December 29, 1988, August 27, 1996, March 6,
2001, and May 27, 2010 in Case Nos. W-136, W-136-76, 80CW50, 84CW53, 88CW50, 94CW45,
00CW23, and 07CW40, Water Division 6, respectively. Decreed Point of Diversion. South 86° 32ʹ East
26,510 feet to the Northwest Corner, Section 6, Township 5 North, Range 82 West, 6th P.M. Decreed
Source of Water. Beaver Creek, tributary to Walton Creek, tributary to the Yampa River. Appropriation
Date. May 20, 1963. Total Amount Decreed to Structure. 14 cfs, conditional. Decreed Purposes.
Domestic, municipal, irrigation, industrial, generation of electric power and energy, mining and
recreation, including appropriative rights of exchange and substitution, augmentation and exchange for
replacement purposes, and all other augmentation uses. Subject to the limitations imposed in Case No.
W-1091-76, all water diverted or stored, directly or by exchange, is subject to reuse and successive use
until 100% of such water has been consumptively used. Amount of Water that Applicant Intends to
Change. Applicant seeks to change all 14 cfs conditionally decreed to the Four Counties Ditch No. 3,
Enlargement and Extension, Headgate No. 15, Priority 45 C. Detailed Description of Proposed Change.
Complete Statement of Change. Applicant seeks to change all 14 cfs decreed to the Four Counties Ditch
No. 3, Enlargement and Extension, Headgate No. 15, Priority 45 C water right to include two additional
alternate points of diversion as described in paragraph 3(b)(iii) below. The water will be used to support
existing and planned mountain restaurant and other facilities at the Steamboat Resort. A map showing the
relevant portion of the Beaver Creek watershed and various structures tributary to the watershed is
attached hereto as Exhibit B. These alternate points of diversion are downstream of the existing decreed
points of diversion. Accordingly, this change will not result in injury to any owner of or person entitled
to use water under a vested water right or a decreed conditional water right. Historical Place and Amount
of Use. The subject water right is a conditional water right that has not been put to beneficial use to date.
Addition of Alternate Points of Diversion. Applicant seeks to change the water right decreed to divert at
the Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 15, to also divert at the
following alternate points of diversion: Rendezvous Saddle Well. The Rendezvous Saddle Well is
decreed to be located in the NE1/4 of the SE1/4 of Section 36, Township 6 North, Range 84 West of the
6th P.M., at a point 2,375 feet north of the south section line and 1,320 feet west of the east section line of
said Section 36 (Zone 13, NAD83, Easting 351127 m, Northing 4477797 m). The well was originally
decreed in Case No. 94CW135, Water Division 6, and a well permit has been issued by the Colorado
Division of Water Resources under Well Permit No. 37156-F. The well is a shallow infiltration gallery
that is tributary to Beaver Creek, tributary to Walton Creek, tributary to the Yampa River. Beaver Creek
Steamboat Pump and Pipeline. The Beaver Creek Steamboat Pump and Pipeline will be located in the
NW1/4 of the SE1/4 of Section 36, Township 6 North, Range 84 West of the 6th P.M., at a point 1,435
feet from the south section line and 2,035 feet from the east section line of said Section 36 (Zone 13,
NAD83, Easting 350967 m, Northing 4477399 m). This is a new point of diversion. The pump and
pipeline will divert from Beaver Creek, tributary to Walton Creek, tributary to the Yampa River. Change
of Water Right – Four Counties Ditch No. 3, Enlargement and Extension, Priority No. 45 L. Decreed
Water Right for Which Change is Sought. Name of Structure. Four Counties Ditch No. 3, Enlargement
and Extension. Original and all Relevant Subsequent Decrees. The water right for the Four Counties
Ditch No. 3, Enlargement and Extension, was conditionally decreed on May 30, 1972 in Civil Action No.
3926, in the District Court of Routt County, Colorado, as Priority No. 45 L. The conditional water right
was changed by decrees entered on May 19, 1978 and September 5, 2003 in Case Nos. W-1091-76 and
01CW41, Water Division 6, respectively. The right has been continued by diligence decrees entered on
June 14, 1974, August 29, 1977, September 24, 1982, April 3, 1986, December 29, 1988, August 27,
1996, March 6, 2001, and May 27, 2010 in Case Nos. W-136, W-136-76, 80CW50, 84CW53, 88CW50,
94CW45, 00CW23, and 07CW40, Water Division 6, respectively. Decreed Source and Point of
Diversion. Surface and ground flows along Four Counties Ditch No. 3, Enlargement and Extension, from
Headgate No. 9 to Headgate No. 21 in Water District 58, other than at points of diversion described in
decrees for Headgates Nos. 9 through 21 at or above 9,567 feet above sea level. These surface and
ground flows are tributary to the Yampa River. Appropriation Date. May 20, 1963. Total Amount
Decreed to Structure. 138 cfs, conditional. Decreed Purposes. Domestic, municipal, irrigation,
industrial, generation of electric power and energy, mining and recreation, including appropriative rights
of exchange and substitution, augmentation and exchange for replacement purposes, and all other
augmentation uses. Subject to the limitations imposed in Case No. W-1091-76, all water diverted or
stored, directly or by exchange, is subject to reuse and successive use until 100% of such water has been
consumptively used. Amount of Water that Applicant Intends to Change. Applicant seeks to change a
total of 8.91 cfs of the 138 cfs conditionally decreed to the Four Counties Ditch No. 3, Enlargement and
Extension, Priority No. 45 L. Of the 8.91 cfs to be changed, 5.93 cfs is to be changed from the portion of
the water right that contributes to the Beaver Creek watershed and 2.98 cfs is to be changed from the
portion of the water right that contributes to the Priest Creek watershed. Detailed Description of
Proposed Change – Beaver Creek. Complete Statement of Change. Applicant seeks to change 5.93 cfs of
the 138 cfs decreed to the Four Counties Ditch No. 3, Enlargement and Extension, Priority 45 L water
right to include two additional alternate points of diversion as described in paragraph 4(b)(iii) below. The
5.93 cfs represents the pro rata share of the total right based upon the contributing Beaver Creek
watershed area. The total watershed area contributing to Priority No. 45 L equals 5.232 square miles.
The watershed area above the Four Counties Ditch No. 3, Enlargement and Extension within the Beaver
Creek watershed equals 0.225 square miles or 4.3% of the total contributing watershed area. 4.3% of the
total 138 cfs right equals 5.93 cfs. The water will be used to support existing and planned mountain
restaurant and other facilities at the Steamboat Resort. A map showing the relevant portion of the Beaver
Creek watershed and various structures tributary to the watershed is attached hereto as Exhibit B. These
alternate points of diversion are downstream of the existing decreed points of diversion. Accordingly,
this change will not result in injury to any owner of or person entitled to use water under a vested water
right or a decreed conditional water right. Historical Place and Amount of Use. The subject water right
is a conditional water right that has not been put to beneficial use to date. Addition of Alternate Points of
Diversion. Applicant seeks to change 5.93 cfs of the water right decreed to divert at the Four Counties
Ditch No. 3, Enlargement and Extension, to also divert at the following alternate points of diversion:
Rendezvous Saddle Well. The Rendezvous Saddle Well is located in the NE1/4 of the SE1/4 of Section
36, Township 6 North, Range 84 West of the 6th P.M., at a point 2,375 feet north of the south section line
and 1,320 feet west of the east section line of said Section 36 (Zone 13, NAD83, Easting 351127 m,
Northing 4477797 m). The well was originally decreed in Case No. 94CW135, Water Division 6, and a
well permit has been issued by the Colorado Division of Water Resources under Well Permit No. 37156F. The well is a shallow infiltration gallery that is tributary to Beaver Creek, tributary to Walton Creek,
tributary to the Yampa River. Beaver Creek Steamboat Pump and Pipeline. The Beaver Creek Steamboat
Pump and Pipeline will be located in the NW1/4 of the SE1/4 of Section 36, Township 6 North, Range 84
West of the 6th P.M., at a point 1,435 feet from the south section line and 2,035 feet from the east section
line of said Section 36 (Zone 13, NAD83, Easting 350967 m, Northing 4477399 m). This is a new point
of diversion. The pump and pipeline will divert from Beaver Creek, tributary to Walton Creek, tributary
to the Yampa River. Detailed Description of Proposed Change – Priest Creek. Complete Statement of
Change. Applicant seeks to change 2.98 cfs of the 138 cfs decreed to the Four Counties Ditch No. 3,
Enlargement and Extension, Priority 45 L water right to include two additional alternate points of
diversion as described in paragraph 4(c)(iii) below. The 2.98 cfs represents the pro rata share of the total
right based upon the contributing Priest Creek watershed area. The total watershed area contributing to
Priority No. 45 L equals 5.232 square miles. The watershed area above the Four Counties Ditch No. 3,
Enlargement and Extension within the Priest Creek watershed equals 0.113 square miles or 2.16% of the
total contributing watershed area. 2.16% of the total 138 cfs right equals 2.98 cfs. The water will be used
to support existing and planned mountain restaurant and other facilities at the Steamboat Resort. A map
showing the relevant portion of the Priest Creek watershed and various structures tributary to the
watershed is attached hereto as Exhibit C. These alternate points of diversion are downstream of the
existing decreed points of diversion. Accordingly, this change will not result in injury to any owner of or
person entitled to use water under a vested water right or a decreed conditional water right. Historical
Place and Amount of Use. The subject water right is a conditional water right that has not been put to
beneficial use to date. Addition of Alternate Points of Diversion. Applicant seeks to change 2.98 cfs of
the water right decreed to divert at the Four Counties Ditch No. 3, Enlargement and Extension, to also
divert at the following alternate points of diversion: Duster Spring. The Duster Spring is located in the
NE1/4 of the SW1/4 of Section 25, Township 6 North, Range 84 West of the 6th P.M., at a point 2,457
feet from the south section line and 1,887 feet from the west section line of said Section 25 (Zone 13,
NAD83, Easting 350607 m, Northing 4479150 m). The spring was originally decreed in Case No.
06CW32, Water Division 6. The spring is tributary to Priest Creek, tributary to Walton Creek, tributary
to the Yampa River. Priest Creek Steamboat Pump and Pipeline. The Priest Creek Steamboat Pump and
Pipeline will be located in the NW1/4 of the SW1/4 of Section 25, Township 6 North, Range 84 West of
the 6th P.M., at a point 2,120 feet from the south section line and 1,160 feet from the west section line of
said Section 25 (Zone 13, NAD83, Easting 350394 m, Northing 4479191 m). This is a new point of
diversion. The pump and pipeline will divert from Priest Creek, tributary to Walton Creek, tributary to
the Yampa River. Name and Address of Landowner Upon which any New or Modified Diversion
Structure is Located. All of the new structures are located on land owned by the United States of
America, c/o USDA Forest Service (“USFS”), Medicine Bow-Routt National Forests, Hahns Peak/Bears
Ears Ranger District, 925 Weiss Drive, Steamboat Springs, Colorado 80487-9315. Unless the USFS
agrees otherwise, all of the new diversion structures constructed on USFS land as part of this application
will be removed and all of the alternate points of diversion approved for those structures will be vacated
if the Steamboat Resort ceases operations. (11 pages)
2015CW3010 (03CW309), RIO BLANCO COUNTY. Application for Finding of Reasonable
Diligence and to Make Absolute in Whole or Part: 1. Name and address of applicant: Encana Oil & Gas
th
(USA) Inc. (“Encana”) c/o Christopher D. Durrant, P.E., 370 17 Street, Suite 1700, Denver, CO.
(720)876-5762; direct all pleadings to Frederick G. Aldrich, Esq., Aldrich Law Firm, LLC, 601A 28 ¼
Road, Grand Junction, CO. 81506. 2. Names of structures: Little Hill Spring Enlargement, Fence Post
Spring, Norell Slough Spring, Little Hill Spring No. 3, EnCana Enlargement, EnCana Spring No. 1,
EnCana Pump and Pipeline No. 1 and EnCana Pump and Pipeline No. 2. 3. Description of conditional
rights for which finding of reasonable diligence is sought: Each of the following conditional rights was
decreed on March 19, 2009 in Case No. 03CW309, Water Division 5: (a) Little Hill Spring Enlargement:
(i) Point of Diversion: NE¼ of the SW¼ of Section 35, Township 1 North, Range 97 West of the 6th P.M.,
2,260 feet from the West section line and 1,910 feet from the South section line; UTM coordinates (Zone
12): 735,044 E.; 4,432,362 N., (ii) Uses: Stock water, wildlife, irrigation, industrial, mining, commercial,
dust suppression and fire-fighting, (iii) Appropriation Date: December 12, 2003, (iv) Quantity: 1.0 c.f.s.;
(b) Fence Post Spring: (i) Point of Diversion: Township 1 South, Range 97 West of the 6th P.M. Section
2: NW¼ NE¼, 340 feet from the North line and 2,265 feet from the East line, (ii) Uses: Stock water,
wildlife, irrigation, industrial, mining, commercial, dust suppression and fire-fighting, (iii) Appropriation
Date: December 15, 2003, (iv) Quantity: 0.75 c.f.s.; (c) Norell Slough Spring: (i) Point of Diversion:
Township 1 South, Range 97 West of the 6th P.M. Section 2: NW¼ NE¼, 1,790 feet from the North line
and 2,295 feet from the East line, (ii) Uses: Stock water, wildlife, irrigation, industrial, mining,
commercial, dust suppression and fire-fighting, (iii) Appropriation date: December 27, 2004, (iv)
Quantity: 0.5 c.f.s.; (d) Little Hill Spring No. 3, EnCana Enlargement: (i) Point of Diversion: Township
1 North, Range 97 West, 6th P.M. Section 35. SW¼ SE¼. 2,401feet from the East line, 310 feet from
the South line. 5,400 feet South 30˚ 30’ East from the NW¼ Section 35, (ii) Uses: Stock water, wildlife,
irrigation, industrial, mining, commercial, dust suppression and fire-fighting, (iii) Appropriation Date:
December 15, 2003, (iv) Quantity: 1.0 c.f.s.; (e) EnCana Spring No. 1: (i) Point of Diversion: Township
1 South, Range 97 West, 6th P.M. Section 32: NE¼ SE¼. 2,235 feet from South line, 1,115 feet from
East line, (ii) Uses: Stock water, wildlife, irrigation, domestic, industrial, mining, commercial,
augmentation, dust suppression and fire-fighting, (iii) Appropriation date: December 27, 2003, (iv)
Quantity: 0.75.c.f.s.; (f) EnCana Pump and Pipeline No. 1: (i) Point of Diversion: Township 1 South,
Range 97 West, Section 2, NW¼ NE¼., 2,600 feet from North line, 2,600 feet from East line, (ii) Uses:
Stock water, wildlife, irrigation, industrial, mining, commercial, dust suppression and fire-fighting, (iii)
Appropriation date: December 27, 2003, (iv) Quantity: 2.0 c.f.s.; (g) EnCana Pump and Pipeline No. 2: (i)
Point of Diversion: Township 1 North, Range 97 West, Section 35, SE¼ SW¼. 1,215 feet from South
line, 2,970 feet from East line, (ii) Uses: Stock water, wildlife, irrigation, industrial, mining, commercial,
dust suppression and fire-fighting, (iii) Appropriation date: December 27, 2003, (iv) Quantity: 2.0 c.f.s.;
4. Location of Irrigated Land: Township 1 North, Range 97 West of the 6th Principal Meridian: Section
26 – Tract 47, Section 35 – Tracts 47 49 and 50 and Section 36 – Tract 50; Township 1 South, Range 97
West of the 6th Principal Meridian: Section 2 – Lots 2 and 3. Application includes a topographical map
showing the location of the conditional rights and the irrigated land. 5. Description of work done toward
completion or completion of the appropriation and application of water to a beneficial use as
conditionally decreed during the diligence period: Encana is the owner of lands and the lessee of federal
gas drilling units comprising the Piceance Basin project area including, but not limited to, the Eureka,
Double Willow, Story Gulch and Figure 4 Units (now collectively known as the Big Jimmy Unit) and the
North Parachute Ranch Unit, Expanded Liberty Unit, Cathedral Bluffs Unit and Blair Mountain Unit.
Encana owns numerous water rights in the Piceance Basin including Piceance Creek and its tributaries,
Plateau Creek, Roan Creek, Parachute Creek, and the White River and Colorado River. The conditional
water rights comprise a portion of Encana’s integrated water supply system used to support its oil and
gas drilling operations. Encana expended substantial sums in direct water infrastructure costs, including
without limitation costs for wells, pipelines, pits, storage tanks, river outtakes, and satellite facilities
that are or will be used to divert, store, and transport both fresh water, including water diverted under
the conditional rights, and flowback/produced water for use in connection with Encana’s oil and gas
drilling operations. Encana expended substantial amounts for drilling, completion, and facility costs for
approximately 1,167 wells in the Piceance Basin. For these same wells, Encana expended substantial
amounts in land use costs to obtain necessary permits, licenses, and releases from surface property
owners. Encana expended subst anti al amount s to acquire additional Piceance Basin landholdings
on which Encana intends to conduct oil and gas drilling operations in Rio Blanco County. Encana
expended and continues to expend significant personnel resources on its integrated water supply
system. Encana currently employs four full-time water systems engineers and one full-time
hydrogeologist who manage, construct, develop, monitor, operate, and/or maintain Encana’s water
rights and integrated water system, including water-related infrastructure, for use in connection with
Encana’s oil and gas drilling operations. An additional seven Encana employees manage water
movement and facilities at the field level, and are supported by a number of third-party service
providers. Encana expended substantial amounts on engineering consulting costs related to
development and protection of its water rights and legal fees for activities related to development
and protection of its water rights system. Encana entered into an agreement with Exxon Mobil
Corporation for access to and the development and use of a portion of the Little Hill Spring. Encana has
entered into leases of the lands irrigated by the conditional rights and Encana’s lessees have diverted the
conditional rights for irrigation uses on such irrigated lands. Encana pumped over 3.9 million gallons
from its Little Hill Spring First Enlargement takeout for use in its gas well drilling and development
program operations. 6. Claim to make absolute: Encana claims the following conditional rights have been
made absolute in part for the irrigation of the irrigated lands hereinabove described: (a) Little Hill Spring
Enlargement: (i) Date applied to beneficial use: April 13, 2010 and thereafter, (ii) Amount: 1.0 c.f.s.,
(iii) Uses: Irrigation of land; (b) Fence Post Spring: (i) Date applied to beneficial use: July 6, 2012 and
dates thereafter, (ii) Amount: 0.75 c.f.s., (iii) Uses: Irrigation of lands; (c) Norell Slough Spring: (i) Date
applied to beneficial use: May 25, 2011 and dates thereafter, (ii) Amount 0.50 c.f.s., (iii) Uses: Irrigation
of lands; (d) EnCana Spring No. 1: (i) Date applied to beneficial use: March 15, 2011 and dates thereafter,
(ii) Amount: 0.75 c.f.s., (iii) Uses: Irrigation of lands. 7. Names and addresses of owners or reputed
owners of the land upon which any new diversion or storage structure, or modification to any existing
structure 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: Encana is the owner of the lands where the structures are
located and where the conditional rights are applied for irrigation uses.
15CW3011 ROUTT COUNTY; APPLICATION TO MAKE CONDITIONAL WATER RIGHT
ABSOLUTE OR, IN THE ALTERNATIVE, FOR A FINDING OF REASONABLE DILIGENCE.
Concerning the Application for Water Rights of the City of Steamboat Springs. 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: City of Steamboat Springs (the “City”) attn: Kelly Heaney, Water
Resources Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings should be directed
to: Steven J. Bushong, Karen L. Henderson, Porzak Browning & Bushong LLP, 2120 13th Street,
Boulder, CO 80302 (303) 443-6800. 2. Overview: By this application, the City seeks a finding that the
5.45 cfs decreed to the Steamboat Springs Final Treatment Effluent Pipeline is absolute for recycling of
treated municipal wastewater and valuable nutrients contained therein for beneficial purposes, including
irrigation of open space, parks, and agricultural lands in the Yampa River Basin prior to return to the
Yampa River; and all municipal uses including, but not limited to, irrigation, domestic, manufacturing,
recreation, fish and wildlife propagation, stream flow augmentation, fire protection, plant washing,
equipment flushing, and storage. 3. Description of the Water Right: (a) Name of Water Right: Steamboat
Springs Final Treatment Effluent Pipeline. (b) Decrees: i. Original Decree: The Steamboat Springs Final
Treatment Effluent Pipeline water right was decreed by the District Court in and for Water Division No. 6
(“Water Court”) in Case No. W-941-75 on August 19, 1976. The application for Case No. W-941-75 was
filed on December 30, 1975, and was amended on February 17, 1976. ii. Diligence & Absolute Decrees:
Previous findings of reasonable diligence and/or to make portions absolute were entered by the Water
Court in Case No. 80CW61 on December 31, 1980; Case No. 83CW20 on February 22, 1985, and
corrected on February 23, 1990; Case No. 90CW50 on March 13, 1992; Case No. 92CW93 on January
28, 1994; Case No. 98CW10 on November 30, 1998; Case No. 00CW01 on March 6, 2001; Case No.
07CW24 on March 7, 2009. (c) Legal Description: As corrected in Case No. 90CW52, the decreed point
of diversion is in the NW¼ of the NW¼ of Section 10, Township 6 North, Range 85 West of the 6th
P.M., at a point 1,000 feet east of the West section line and 4,620 feet north of the South section line of
said Section 10. For ease of reference, but without changing the decreed location, this point of diversion
can also be located as follows: UTM Coordinates NAD 83, Zone 13, Easting: 337785.8, Northing:
4484725.5. See Exhibit A. (d) Source: Municipal wastewater of Steamboat Springs area, Routt County,
Yampa River Basin. (e) Appropriation Date: December 30, 1975. (f) Amount: 5.45 cfs, conditional, of
which 1.85 cfs was made absolute by decree in Case No. 83CW20; an additional 2.22 cfs was made
absolute by decree in Case No. 90CW50; and the remaining 1.38 cfs was made absolute by decree in Case
No. 92CW93. (g) Uses: Recycling of treated municipal wastewater and valuable nutrients contained
therein for beneficial purposes, including irrigation of open space, parks, and agricultural lands in the
Yampa River Basin prior to return to the Yampa River; and all municipal uses including, but not limited
to, irrigation, domestic, manufacturing, recreation, fish and wildlife propagation, stream flow
augmentation, and storage. 4. Summary of Prior Diligence and Absolute Decrees: (a) Case No. 80CW61:
entered a finding of reasonable diligence for the entire 5.45 cfs for the decreed uses. (b) Case No.
83CW20: made 1.85 cfs absolute for the decreed uses, and continued the remaining 3.60 cfs as
conditional. (c) Case No. 90CW50: made an additional 2.22 cfs absolute for the decreed uses, and
continued the remaining 1.38 cfs as conditional. (d) Case No. 92CW93: made the remaining 1.38 cfs
absolute for certain examples of municipal use, specifically the irrigation, domestic, and fire protection,
and continued the other examples of municipal use ― including, but not limited to, manufacturing,
recreation, fish and wildlife propagation, stream flow augmentation, and storage ― as conditional. (e)
Case No. 98CW10: entered a finding of reasonable diligence for the remaining examples of municipal use
associated with the 1.38 cfs. (f) Case No. 00CW01: entered a finding that 5.45 cfs had been made
absolute for certain examples of municipal uses, specifically irrigation, domestic, and fire protection, and
entered a finding of reasonable diligence for the other examples of municipal use ― including, but not
limited to, manufacturing, recreation, fish and wildlife propagation, stream flow augmentation, and
storage. (g) Case No. 07CW24: entered a finding that 5.45 cfs had been made absolute for certain
examples of municipal uses, specifically irrigation, domestic, plant washing, equipment flushing, and fish
and wildlife propagation by both direct use and storage, and continued the other examples of municipal
use ― including, but not limited to, manufacturing, recreation, and stream flow augmentation ― as
conditional. 5. Claim to Make Absolute: The City seeks a finding that the entire 5.45 cfs of the Steamboat
Springs Final Treatment Effluent Pipeline has been made absolute for the decreed municipal use. The
only remaining conditional uses are part of a non-exhaustive list of uses that fall under the umbrella of
municipal use. Specifically, “all other municipal uses, including, but not limited to manufacturing,
recreation, and stream flow augmentation” remain conditional. However, the plain language of the decree
entered in Case No. W-941-75 makes it clear that this water right is decreed for municipal use. Any
requirement to make each example of municipal use absolute on an individual basis is not consistent with
the plain language of the decree entered in Case No. W-941-75. As set forth above, the 5.45 cfs has been
used by the City for municipal purposes ― specifically, 1.85 cfs was first used in July of 1981 (Case No.
83CW20); an additional 2.22 cfs was first used in the Spring/Summer of 1989 (Case No. 90CW50), and
the remaining 1.38 cfs was first used in May of 1992 (Case No. 92CW93). The City continues to use this
water right for its decreed municipal use by both direct use and storage as evidenced by the attached
Exhibit B, which further supports the City’s claim set forth herein. In addition, there were no calls on the
Yampa River during the subject diligence period to prevent the diversion and use of the water right
decreed to the Steamboat Springs Final Treatment Effluent Pipeline. Therefore, the City seeks a finding
that clarifies and confirms that the 5.45 cfs decreed to the Steamboat Springs Final Treatment Effluent
Pipeline is absolute for recycling of treated municipal wastewater and valuable nutrients contained therein
for beneficial purposes, including irrigation of open space, parks, and agricultural lands in the Yampa
River Basin prior to return to the Yampa River; and all municipal uses including, but not limited to,
irrigation, domestic, manufacturing, recreation, fish and wildlife propagation, stream flow augmentation,
fire protection, plant washing, equipment flushing, and storage. 6. Detailed outline of work done to
complete project and apply water to beneficial use: In the alternative, if the Court does not approve a
finding that the 5.45 cfs has been made absolute for its decreed municipal use, as set forth above, then the
City seeks a finding of reasonable diligence with regard to any examples of municipal use that remain
conditional. Specifically, evidence of the City’s diligence includes, but is not limited to, the following: (a)
The City has applied the 5.45 cfs to beneficial use as part of its municipal operations, including, but not
limited to, use within the wastewater treatment plant; plant and equipment washing; filling fire
extinguishers; storage in the Steamboat Springs Wastewater Reclamation Reservoir; irrigation; and to
augment streamflows in the Yampa River. (b) During the subject diligence period, the City has operated
and maintained the wastewater treatment plant, the Steamboat Springs Final Treatment Effluent Pipeline,
and the Steamboat Springs Wastewater Reclamation Reservoir. From March of 2009 to February of
2015, the City spent $6,406,844 in operation and maintenance costs for the wastewater treatment plant,
water treatment, and water quality testing to ensure compliance with its wastewater discharge permit. (c)
In addition, the City replaced the flow meter on the Steamboat Springs Final Treatment Effluent Pipeline
at a cost of approximately $3,000, paid City staff to irrigate the hay field near the wastewater treatment
plant at a cost of $14,400, and recorded diversions and maintained related records for the subject water
right. (8 pages w/ exhibits)
15CW3012 (07CW23) ROUTT COUNTY; APPLICATION FOR A FINDING OF REASONABLE
DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. Concerning the
Application for Water Rights of the City of Steamboat Springs. 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: City of Steamboat Springs (the “City”) attn: Kelly Heaney, Water Resources
Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings should be directed to: Steven J.
Bushong, Karen L. Henderson, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302
(303) 443-6800. 2. Overview: By this application, the City seeks a finding of reasonable diligence for the
Four Counties Ditch No. 1, Headgate Nos. 5, 6, 7 (collectively the “Four Counties Water Rights”), and to
make portions of the subject water rights absolute, as more specifically described below. 3. Description of
the Water Rights: (a) Name of Water Rights: i. Four Counties Ditch No. 1, Headgate No. 5 (Priority No.
40B). ii. Four Counties Ditch No. 1, Headgate No. 6 (Priority No. 40A). iii. Four Counties Ditch No. 1,
Headgate No. 7 (Priority No. 40). (b) Original Decree: The Four Counties Water Rights were decreed by
the Routt County District Court in Civil Action No. 3538 on March 30, 1964, as amended September 8,
1970. (c) Prior Diligence & Absolute Decrees: Previous finding of reasonable diligence and/or to make
absolute were entered by the District Court in and for Water Division No. 6 (“Water Court”) in Case No.
W-135-73 on January 14, 1974; Case No. W-135-76 on August 29, 1977; Case No. 80CW50 on
September 24, 1982; Case No. 84CW53 on April 3, 1986; Case No. 88CW49 on December 29, 1988;
Case No. 92CW26 on May 24, 1994; Case No. 98CW79 on October 25, 1999; Case No. 00CW23 on
March 6, 2001; and Case No. 07CW23 on March 14, 2009. (d) Legal Description of the Originally
Decreed Points of Diversion: i. Four Counties Ditch No. 1, Headgate No. 5 is located at a point South 15°
26’ East 22,560 feet to the NW Corner of Section 6, Township 5 North, Range 82 West of the 6th P.M.
For ease of reference, but without changing the decreed location, this point of diversion can also be
located as follows: UTM Coordinates NAD 83, Zone 13, Easting: 358156, Northing: 4484325. See
Exhibit A. ii. Four Counties Ditch No. 1, Headgate No. 6 is located at a point South 14° 04’ East 24,498
feet to the NW Corner of Section 6, Township 5 North, Range 82 West of the 6 th P.M. For ease of
reference, but without changing the decreed location, this point of diversion can also be located as
follows: UTM Coordinates NAD 83, Zone 13, Easting: 358134, Northing: 4484912. See Exhibit A. iii.
Four Counties Ditch No. 1, Headgate No. 7 is located at a point South 20° 42’ East 26,742 feet to the NW
Corner of Section 6, Township 5 North, Range 82 West of the 6th P.M. For ease of reference, but without
changing the decreed location, this point of diversion can also be located as follows: UTM Coordinates
NAD 83, Zone 13, Easting: 357079, Northing: 4485322. See Exhibit A. (e) Appropriation Date: June 2,
1958. (f) Source: i. Four Counties Ditch No. 1, Headgate No. 5: Branch of Granite Creek. ii. Four
Counties Ditch No. 1, Headgate No. 6: Granite Creek. iii. Four Counties Ditch No. 1, Headgate No. 7:
Middle Fork of Fish Creek. (g) Amount: i. Four Counties Ditch No. 1, Headgate No. 5: The City owns 30
cfs of the total 40 cfs decreed, of which 7.4 cfs was made absolute in Case No. 98CW79 and 22.6 cfs
remains conditional. ii. Four Counties Ditch No. 1, Headgate No. 6: The City owns 29 cfs of the total 40
cfs decreed, of which 13 cfs was made absolute in Case No. 98CW79 and 16 cfs remains conditional. iii.
Four Counties Ditch No. 1, Headgate No. 7: The City owns all 50 cfs, of which 28.3 cfs was made
absolute in Case No. 98CW79 and 21.7 cfs remains conditional. (h) Originally Decreed Uses: Domestic
and all municipal uses. (i) Remarks: i. In Case No. W-1091-76, the Water Court approved a change of
water right that allowed the subject water rights to be used, directly or by exchange, within the Yampa
River drainage for domestic, municipal, irrigation, industrial, generation of electric power and energy,
mining, recreation, and all other beneficial uses, as well as granting alternate points of diversion and
places of storage, either directly or by exchange, at the structures described in paragraph 14.C. of said
decree. Subject to the terms of said decree, the water diverted or stored pursuant to the subject rights can
be reused and successively used until 100% has been consumptively used. ii. In Case No. 95CW77, the
Water Court approved Fish Creek Reservoir as an additional and alternate point of diversion and storage
for the Four Counties Water Rights. Fish Creek Reservoir is located as follows: Initial point of survey (at
North end of main dam) is located at a point whence SE Corner of Section 32, Township 7 North, Range
84 West, of the 6th P.M. bears North 77°53’ West a distance of approximately 33,368 feet. For ease of
reference, but without changing the decreed location, this point of diversion can also be located as
follows: UTM Coordinates NAD 83, Zone 13, Easting: 355973, Northing: 4484063. See Exhibit A. iii. In
Case No. 98CW79, the Water Court made portions of the Four Counties Water Rights absolute, as
described in paragraph 3(g) above, for domestic, municipal, irrigation, industrial, and recreation uses, and
for replacement of evaporation losses in Fish Creek Reservoir. iv. In Case No. 07CW23, the City agreed
to eliminate the decreed “mining” and “all other beneficial uses” associated with the Four Counties Water
Rights. The Water Court found, however, that as a municipality, the City “may make all such other uses
of water under the decreed ‘municipal’ use.” 4. Claims to Make Absolute: The City uses the Four
Counties Water Rights as part of its municipal operations. In addition, the City has an agreement with
Mount Werner Water & Sanitation District (“Mt. Werner”) that grants Mt. Werner a contractual right to
use a portion of the water the City stores in the enlargement pool of Fish Creek Reservoir. Accordingly, to
the extent the City uses its Four Counties Water Rights to fill the enlargement pool of Fish Creek
Reservoir, these rights may also be used within Mt. Werner’s service area. On June 13, 2014, the City
diverted and stored in Fish Creek Reservoir a maximum rate of 15.18 cfs of its Four Counties Ditch No.
1, Headgate No. 5 and 22.19 cfs of its Four Counties Ditch No. 1, Headgate No. 6 water rights. The
relevant diversion records are attached as Exhibit B. There were no calls on the Yampa River during the
subject diligence period to prevent the diversion and use of the Four Counties Water Rights. Therefore,
the City wishes to make additional portions of Four Counties Ditch No. 1, Headgate Nos. 5 and 6 absolute
as set forth below: (a) Four Counties Ditch No. 1, Headgate No. 5: 7.78 cfs, absolute, for all decreed uses,
including, but not limited to, domestic, municipal, irrigation, industrial, recreation, and for replacement of
evaporation losses. This results in a total absolute portion of 15.18 cfs, with 14.82 cfs remaining
conditional. (b) Four Counties Ditch No. 1, Headgate No. 6: 9.19 cfs, absolute, for all decreed uses,
including, but not limited to, domestic, municipal, irrigation, industrial, recreation, and for replacement of
evaporation losses. This results in a total absolute portion of 22.19 cfs, with 6.81 cfs remaining
conditional. 5. Detailed outline of work done to complete project and apply water to beneficial use. In
addition to the foregoing claims to make absolute based on the beneficial use of the water, the City seeks
a finding of reasonable diligence with regard to the remaining conditional portions of the Four Counties
Water Rights, or any portion not made absolute. The Four Counties Water Rights are part of an integrated
water supply system that the City operates to support its municipal operations. Evidence of the City’s
diligence includes, but is not limited to, the following: (a) The City’s integrated water supply system is
comprised of several features that are needed to divert, store, treat, deliver, and beneficially use the Four
Counties Water Rights as part of its municipal operations. Therefore, work done on these other features is
evidence of diligence for the Four Counties Water Rights. During the subject diligence period, the City
spent $11,248,861.05 on the operation, maintenance, replacement, and construction of its water treatment
and distribution system, which included, but is not limited to, the following: i. The City spent
$1,326,116.37 on its portion of the operation and maintenance expenses associated with the Fish Creek
Water Filtration Plant and Fish Creek Reservoir. This water treatment plant is jointly operated by the City
and Mt. Werner. ii. The City spent $20,690.50 on the installation and operation of the Fish Creek gage to
assess the physical availability of the Four Counties Water Rights. iii. In 2009, the City hired McLaughlin
Water Engineers, Ltd. to update the City's Water and Wastewater Master Plan at a cost of $100,000. iv. In
2010, the City completed a Water and Wastewater Rate Study with the help of Red Oak Consulting at a
cost of $162,984. v. In 2011, the City engaged Environmental Solutions Unltd, LLC to develop a Water
Conservation Plan II at a cost of $22,950. vi. In 2012, the City completed the design and construction of a
water main from Fairview to Howelsen. The City used Landmark Consultants, Inc. for the design and
contracted R&D Pipeline Construction, Inc. for the construction at a total cost of $304,183. vii. In
addition to the foregoing, the City also undertook extensive improvements between 2009 and 2013 to its
overall water distribution system by replacing and/or enlarging at least six water mains within the City’s
service area. This work required the use of multiple contractors and consultants, and cost the City
$3,985,215. viii. The City spent $1.5 million to upgrade residential and commercial water meters between
2012 and 2013 to increase efficiency in its water distribution system. ix. The City hired RJH Consultants,
Inc. to prepare a Breach Inundation Mapping Report dated December 2013 to support the Fish Creek
Dam Emergency Action Plan at a cost of $20,873.00 and it has budgeted $100,000 for repairs to the Fish
Creek Dam, the Saddle Dam, and Long Lake Dam in 2015. x. The City paid W.W. Wheeler &
Associates, Inc. $26,667 to develop, manage, and handle the accounting for the use of the City’s water
rights portfolio, including the Four Counties Water Rights, during the subject diligence period. The City
has also been working with the Division Engineer on the accounting and administration of its water
rights. (b) The City has continued to enforce its Watershed Protection Ordinance, which includes the
originally decreed points of diversion for the Four Counties Water Rights in the Fish Creek drainage
basin. (c) Also during the subject diligence period, the City has been evaluating what steps it needs to take
to provide a firm and reliable supply to its customers, as well as building redundancy into its system to
protect against emergency situations. This essential and ongoing process involves evaluating the City’s
water rights, the physical and legal yield of same, and identifying what steps are needed to maximize the
yield of its integrated portfolio through the use of storage, augmentation, exchanges, or otherwise. The
City’s Four Counties Water Rights are integral to this analysis. The City has incurred and is incurring
considerable legal and engineering expenses associated with this process. The Four Counties Water
Rights remain a critical component of the City’s present and future water supply. The City believes that it
can and will complete the appropriation within a reasonable time and intends to perfect the subject water
right for use by the City and its customers. (11 pages w/ exhibits)
15CW3013 ROUTT COUNTY; APPLICATION FOR A FINDING OF REASONABLE
DILIGENCE. Concerning the Application for Water Rights of the City of Steamboat Springs. 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: City of Steamboat Springs (the “City”) attn: Kelly
Heaney, Water Resources Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings
should be directed to: Steven J. Bushong, Karen L. Henderson, Porzak Browning & Bushong LLP, 2120
13th Street, Boulder, CO 80302 (303) 443-6800. 2. Overview: By this application, the City seeks a
finding of reasonable diligence with regard to the remaining 0.833 cfs of the 1.50 cfs conditionally
decreed to the Trafalgar Park Irrigation Diversion. 3. Description of the Water Right: (a) Name of Water
Right and Diversion Structure: Trafalgar Park Irrigation Diversion. (b) Decrees: i. Original Decree: The
Trafalgar Park Irrigation Diversion water right was decreed by the District Court in and for Water
Division No. 6 (“Water Court”) in Case No. 94CW126 on October 31, 1995. The application for Case
No. 94CW126 was filed on December 16, 1994. ii. Diligence & Absolute Decrees: Previous findings of
reasonable diligence and/or to make absolute were entered by the Water Court in Case No. 01CW85 on
April 17, 2002 and in Case No. 08CW28 on March 7, 2009. (c) Legal Description of Structure: NW¼ of
the NE¼ of Section 20, Township 6 North, Range 84 West of the 6th P.M., at a point 600 feet south from
the North Section line and 1,500 feet west from the East Section line of said Section 20. For ease of
reference, but without changing the decreed location, this point of diversion can also be located as
follows: UTM Coordinates NAD 83, Zone 13, Easting: 344837, Northing: 4481603. See Exhibit A. (d)
Source: Yampa River. (e) Appropriation Date: December 16, 1994. (f) Amount: 1.5 cfs, of which 0.667
cfs was made absolute in Case No. 01CW85, and 0.833 cfs remains conditional. (g) Use: Irrigation. (h)
Place of Use: 42 acres in the NE¼ of Section 20 and the SE¼ of Section 17, all in Township 6 North,
Range 84 West of the 6th PM. 4. Detailed outline of work done to complete project and apply water to
beneficial use: During the subject diligence period, the City has diverted and used the Trafalgar Park
Irrigation Diversion for irrigation of the Trafalgar Park (aka Emerald Park) and Yampa River Botanic
Park each year. These areas are heavily utilized public amenities, particularly due to the connectivity with
the Yampa River Core Trail, and are supported by the subject water right. In recognition of this, the City
has diligently worked toward applying the remaining conditional portion of the Trafalgar Park Irrigation
Diversion water right to its decreed irrigation use. The Trafalgar Park Irrigation Diversion is part of an
integrated water supply system operated by the City. Evidence of the City’s diligence includes, but is not
limited to, the following: (a) Since March of 2009, the City has spent approximately $25,000 on
improvements and repairs to the subject irrigation system, which included installing two new variable
flow drives (VFDs) and new controls and screens in the pump station in 2012 at a cost of $13,670. The
City also replaced two irrigation controllers and 40 stations in 2013 at a cost of $2,800. In 2014, the City
also renovated a baseball diamond, which improved its ability to water the infield. In general, the City
spends approximately $1,000 to $2,000 annually on maintenance of this large and complex irrigation
system. (b) The City is currently irrigating 28 acres of the contemplated 42 acres with water from the
subject water right, but it plans to continue to incrementally increase and improve the irrigation system to
support the Emerald Park, Yampa River Botanic Park, and surrounding areas, which will require the
application of additional water. The remaining 0.833 cfs conditionally decreed to the Trafalgar Park
Irrigation Diversion will provide the City with the ability to meet these additional irrigation needs. (c) In
addition, the City has formed a citizen’s task force to evaluate potential locations for a new police station.
One potential site includes a 4-acre parcel within the 42 acres decreed for irrigation with the subject water
right. The development of a police station at this location could increase irrigation demands for associated
landscaping. (d) The City has also submitted an application to the Public Utilities Commission to re-route
the entrance to Emerald Park and is engaged in meetings with stakeholders to ensure any final plan is
consistent with and will meet the needs of the community and the stakeholders. While these discussions
are still in their preliminary stages, the redesigned entrance may bring additional lands under irrigation.
(e) In furtherance of the Steamboat Springs, Colorado Water Conservation Plan II dated May 2011, which
was approved by the Colorado Water Conservation Board, the City has also been working to reduce its
use of treated, potable water for the irrigation of certain parks and open space areas and to increase its use
of raw water to meet these demands. While this has been an informal process over the last few years, the
City has budgeted funds for 2015 to develop a Raw Water Irrigation Master Plan. This evaluation will
consider a number of areas and water rights to determine whether they are good candidates to help the
City meet its raw water irrigation goals. Since the City does use potable water at Emerald Park during
certain times of the year, the remaining conditional portion of the Trafalgar Park Irrigation Diversion
would help the City meet its goals. The Trafalgar Park (aka Emerald Park), Yampa River Botanic Park,
and surrounding areas are important to the local economy and their success depends on the City’s ability
to ensure adequate irrigation, particularly during the summer months. The City believes that it can and
will complete the appropriation of the remaining conditional portion of the Trafalgar Park Irrigation
Diversion within a reasonable time, and intends to perfect this water right. (6 pages w/ exhibit)
You are hereby notified that you will have until the last day of MAY, 2015 to file with the Water Court a
Verified Statement of Opposition, setting forth facts as to why a certain Application should not be granted
or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition
must be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such
service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the
Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, P.O.
Box 773117, Steamboat Springs, CO 80477.
MARY ANN NINGER
CLERK OF COURT
ROUTT COUNTY COMBINED COURT
WATER DIVISION 6
/s/ Melissa A. Rogers
Deputy Court Clerk