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 JANUARY, 2016.
16CW1 ROUTT COUNTY Application for Water Storage. Applicant: John and Wanda Busch;
1625 Valley Dr 1-120, Steamboat Springs, Co 80487: 970-870-7900. Structure: Wanda’s Dam.
Legal Description: SE4, SE4, S33, T6N, R84W 6thPM. Distance from section lines: 478 ft from
South and 618 ft from E. St Address: 35105 Lower Creek Lane. Subdivision: Priest Creek Ranch
Lot 2. Alternate description: 13T0346579, 4477136 Zone 13. Source: unnamed trib to Walton
Creek trib to Yampa River. Appropriation date 10/2/15; how appropriate: Building structure
(dam) and storing water. Date applied to beneficial use: 12/1/15. Amount claimed: 1.75 absolute.
Uses: recreational, asthetic and wild life watering. Surface area of high water line: ½ acre.
Vertical height: 7ft, length: 60 ft. Total Capacity: 1.75AF, active capacity: 1.75 AF. Landowner:
applicant. Remarks: annual refill up to the rate of evaporation-1.5AF
16CW2 MOFFAT COUNTY Application for Simple Change in Surface Point of Diversion.
Applicant: Randy R Decker and Amy Tweedy, 1053 Washington St, Craig, CO 81625, 970-3267360 or 970-846-7789. Decreed structure for which change is sought: Counts Pump and Pipeline
(002 on map); Date of decree: 12/31/1975, Case # W-825-75, Water Div 6. Legal Description in
decree: 1300 ft East of West line and 2250 ft North of South line, Sec 20, T7N, R90W, 6PM;
Decreed Source: Fortification Creek of the Yampa River; Appropriation date: 06/01/1967;
Amount Decreed: 3 CFS Absolute; Use: Irrigation; Amt to be changed .5CFS absolute.
Description of proposed change: Change in point of diversion (see map) from Counts Pump and
Pipeline #002 to Decker Pump #001 for .5 cfs water that was deeded to the property owner of
33374 N Hwy 13 Craig, CO on 04/18/1988. This places point of origin on said deeded property.
Location of new surface point of diversion: Decker Pump (001 on map); UTM E285875,
N4491629. Zone 13, street address 33374 N Hwy 13, Craig, CO 81625; legal Moffat County
NE4, SE4, Sec 19, T7N, R90W, 6PM, 1665 ft from S, 1185 ft from E, Source of PLSS
information: Water Commissioner. Applicant is landowner. See Court file for referenced maps.
16CW3 RIO BLANCO COUNTY Application for Finding of Reasonable Diligence in part and
To Make Absolute in Part. Applicant: James Burke, 31944 CR5, Rifle, CO 81650. Structure:
Corner Pump; Conditional water right: Original decree: 10/18/2007, Case #07CW180 in Water
Div 5; Legal description: Rio Blanco County, NW4 NE4, Sec 11, T1S, R97W, 6PM, 40 ft from
N and 1946 ft from E; UTM E735046, N4429901, Zone 12. Source: Piceance Creek trib to
White River; Appropriation Date 6/12/07, Amount 2.25 cfs; Use: Consumptive industrial and
commercial. Outline of what has been done toward completion: 3 water pumps, 4 inch poly pipe,
contracts with water haulers, have supplied 8093 truckloads of water. Absolute Water right:
Date applied to beneficial use: 06/2007, Amount 2.75 cfs; Use: General industrial included, but
not limited to mining, drilling and construction; Place where water applied to beneficial use:
Piceance Creek area for mining, exploration and/or production of oil, gas, gravel and/or other
minerals, dust suppression and road construction/repair. Applicant is land owner. See court file
for attachments.
2016CW3000 (07CW27). ROUTT COUNTY Application For Finding Of Reasonable
Diligence. concerning the Application For Water Rights of Synovus Trust Company, N.A. as
T/U/A with Alice G. & John F. Sands, Tenants in Common Revocable Living Trust dtd 7/8/02,
P.O. Box 23024, Columbus, GA 31902. 1. Name and Address of Applicant: Synovus Trust
Company, N.A. as T/U/A with Alice G. & John F. Sands, Tenants in Common Revocable Living
Trust dtd 7/8/02 (the “Applicant”), P.O. Box 23024, Columbus, GA 31902. All pleadings should
be directed to: Daniel R. Berkey, Elizabeth A. Hope, Berkey Law Firm, LLC, 1041 Lincoln
Ave., Suite 220, Steamboat Springs, CO 80487 (970) 367-4715. 2. Overview: By the
Application, the Applicant seeks a finding of reasonable diligence with regard to its Garite Pond
conditional water right, as described in paragraph 3 below. 3. Description of the Conditional
Water Right: a. Name: Garite Pond. b. Decree: The Garite Pond reservoir was decreed by the
District Court in and for Water Division No. 6 (“Water Court”) in Case No. 2007CW27 entered
on November 15, 2009. c. Location: The Garite Pond is located in the NE ¼ NE ¼ of Section 16,
Township 3 North, Range 84 West of the 6th P.M., at a distance 50 feet from the North Section
line and 200 feet from the East Section line, Lot 1, Morrison Divide Ranch Subdivision, Routt
County, Colorado. d. Source: Springs, tributary to Little Morrison Creek, tributary to Yampa
River. e. Appropriation Date: January 12, 2000. f. Amount: 3.7 acre feet, with right of fill and
refill. g. Uses: Stock watering of approximately 20 head of stock, wildlife watering, piscatorial,
and recreation purposes. 4. Detailed outline of work done to complete project and apply water to
beneficial use: During the subject diligence period, the Applicant and/or the Applicant’s
predecessor in interest have continued to operate and maintain the Garite Pond water right as
follows: a. Flows into the Garite Pond have been monitored and photographed. b. Wildlife
watering has been observed at the Garite Pond during the diligence period. c. The Vertex®
Aeration System Air2™ has been regularly cleaned, maintained and operated since its
installation in 2009. See attached exhibit 1. d. Applicant and Affiant have on multiple occasions
applied Cutrine®-Plus Algaecide and Herbicide to the Garite Pond for purposes of algae control
in the Garite Pond. See attached exhibit 2. e. Fish have been caught and released from the Garite
Pond. Funds have been expended by the Applicant and the Applicant’s predecessor in title to
stock the Garite Pond with fish. The Garite Pond was stocked 125 rainbow trout on May 14,
2009 ($680), and 10 grass carp on May 17, 2013 ($215). See attached exhibit 3. f. Regarding the
decreed stockwatering use, the Applicant is seeking to negotiate a lease that will result in cattle
grazing on the property this summer. g. The property and associated Garite Pond water right are
currently listed for sale. The Applicant has expended funds to maintain the property and the
Garite Pond for marketing. h. The Applicant has incurred legal fees in connection with the Garite
Pond water right, including without limitation, for work performed in connection with the
Applicant’s Application for Finding of Reasonable Diligence. 5. Name and address of the owner
of the land on which the Subject Water Right is located: Synovus Trust Company, N.A. as
T/U/A with Alice G. & John F. Sands, Tenants in Common Revocable Living Trust dtd 7/8/02.
Mail to: Alice G. & John F. Sands, Trustees, PO Box 23024, Columbus, GA 31902.
WHEREFORE, the Applicant requests the court to enter a decree finding that diligence has been
shown toward the completion of the appropriation associated with the Garite Pond water right,
continuing said water right in full force and effect, and granting such other relief as the court
deems proper under the circumstances.
16CW3001 MOFFAT COUNTY Williams Fork River, Trib. to the Yampa River. Application
to Make Surface Water Right Absolute. Applicant: Hamill Family Limited Partnership, LLLP,
c/o Balcomb & Green, PC, PO Drawer 790, Glenwood Springs, CO 81602; 970-945-6546.
Applicant requests a finding that it has made the Hamill Diversion water right absolute by
diversion and application to beneficial use as described below: Decreed location: A surface
water diversion located in the SE ¼, SE ¼ Sec. 19, T. 5 N., R. 90 W., 6th P.M., at a pt. located
154 ft. from the E. line and 1128 ft. from the S. line of said Sec. 19, which pt. may also be
described using UTM Coordinates Zone 13, NAD 84 projection E. 285279, N. 4471540. The
general location of the pt. of diversion is shown in Exhibit A of app. Date of Initiation of
Approp.: 6/29/2012. Amt.: 1 cfs, cond. Use: Ind. use in the development of oil and gas resources
in the Williams Fork river basin and its tributaries. Claim to Make Absolute: Date water applied
to beneficial use: 6/5/2015. Amt.: 1 c.f.s. Use: Ind. use in the development of oil and gas
resources in the Williams Fork river basin and its tributaries. Remarks: Attached as Exhibit B
are diversion records from the Hamill Diversion for water diverted for use by GRMR Oil & Gas
LLC, successor in interest to Shell Oil, which water was then used for ind. purposes in the
development of oil and gas resources in the Wood Gulch and Williams Fork Units. Name and
address of owner of land upon which diversion structure is to be located: Applicant.
16CW3002 RIO BLANCO COUNTY - White River; Cecil C. Powell and Arlene B. Powell;
c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300,
Grand Junction, CO 81506, (970) 248-5865; Application To Make Conditional Water Rights
Absolute; Name, mailing address, and telephone number of applicants: Cecil C. and Arlene B.
Powell; P.O. Box 23; Dinosaur, CO 81610; Name of structure: Upper Wolf Creek Lower Pond;
Describe conditional water right: Date of Original Decree: 1980; Case No. & Court: 80CW495,
Division 5; Subsequent decrees awarding findings of diligence: Date of Decree: January 11,
2010; Case No. & Court: 08CW59, Division 5; Legal description: SE/4 NW/4 of Section 14,
Township 5 North, Range 100 West, of the 6th P.M., 1,350 feet from the west section line and
2,555 feet from the north section line; Source of water: Upper Wolf Creek, tributary to Wolf
Creek, tributary to the White River; Appropriation Date: August 17, 1980; Amount: 0.80 a.f.,
conditional; Use: Livestock, domestic, and irrigation; Description of what has been done toward
completion or for completion of the appropriation and application of water to a beneficial use as
conditionally decreed: Applicants have impounded the full 0.80 a.f. decreed to the pond.
Additionally, Applicants hired a track hoe operator to clean the pond between November 14 and
16, 2015; If claim to make absolute in whole or in part: Date water applied to beneficial use:
June 1, 2015; Amount: 0.80 a.f.; Use: Livestock watering.
15CW3003 RIO BLANCO COUNTY (W-460, W-460-73, W-460-77, 81CW296, 85CW569,
89CW274, 96CW098, 02CW236, 09CW42), Application to Make Conditional Water Right
Absolute, Applicant: Meeker Ranching Company (“Meeker Ranching”), c/o William Levy, 550
County Rd. 54, Meeker, Colorado 81641, Telephone: (303) 878-3468, Email:
wglevy@gmail.com. Please direct all pleadings and correspondence to: Douglas M. Sinor
(dsinor@troutlaw.com) and April H. Killcreas (akillcreas@troutlaw.com), Trout, Raley,
Montaño, Witwer, & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203,
Telephone: (303) 861-1963. 1. Name, mailing address, email address, and telephone number of
Applicant. See above 2. Name and Type of Structure. A. Name of structure: Mahleres Pump
and Irrigation System. Type: Ditch and Pump System. 3. Description of Conditional Water
Right: A. Original decree: Date of Decree: August 24, 1973, Case No.: W-460, Court: Water
Court, Division No. 5. B. Subsequent decrees awarding findings of diligence: Date of Decree:
October 16, 1974, Case No.: W-460-73, Court: District Court, Water Division 5; Date of Decree:
October 13, 1978, Case No.: W-460-77, Court: District Court, Water Division 5; Date of
Decree: June 9, 1983, Case No.: 81CW296, Court: District Court, Water Division 5; Date of
Decree: June 5, 1986, Case No.: 85CW569, Court: District Court, Water Division 5; Date of
Decree: April 20, 1990, Case No.: 89CW274, Court: District Court, Water Division 5; Date of
Decree: September 17, 1996, Case No.: 96CW098, Court: District Court, Water Division 5;
Date of Decree: September 29, 2003, Case No.: 02CW236, Court: District Court, Water
Division 5; Date of Decree: January 14, 2011, Case No.: 09CW42, Court: District Court, Water
Division 6. C. Change of use decree: The decree entered on August 30, 2015, in Case No.
14CW3061, Water Division No. 6, confirmed a change in the place of irrigation use of the
conditional water right decreed to the Mahleres Pump and Irrigation System, to permit the
irrigation of the 106 acres described more fully below. D. Legal description of structure as
described in most recent decree: The Elk Creek Ditch headgate is located on the left bank of
North Elk Creek, in the SW ¼ SE ¼ of Section 23, T1S, R92W of the 6th P.M. at a point whence
the Southwest Corner of said Section 23 bears South 88° 27’ W 3,846 feet. The point of
diversion of the Mahleres Pump and Irrigation System is on the bank of the Elk Creek Ditch, in
the N ½ NW ¼ of Section 26, T1S, R92W of the 6th P.M. at a point whence the Northwest
Corner of said Section 26 bears North 72° 00’ W 1,360 feet. For purposes of the Application
filed in this case, this point is estimated to be approximately 3,986 feet from the East line and
4,833 feet from the South line of Section 26, T1S, R92W. A map showing the location of the
Elk Creek Ditch and the Mahleres Pump and Irrigation System is attached to the Application as
Exhibit 1. E. Decreed source of water: North Elk Creek, a tributary of the North Fork of the
White River. F. Appropriation date: May 7, 1971. G. Total amount decreed to structure: 2.0 cfs,
conditional. H. Decreed use or uses: Irrigation, stock water, and domestic. 4. Claim to Make
Conditional Water Right Absolute: A. Dates water applied to beneficial use: Meeker Ranching
first diverted water from the Mahleres Pump and Irrigation System on approximately June 30,
2014, for irrigation and stock watering use. Irrigation use was made by gravity flood irrigation
and big gun sprinklers. Meeker Ranching installed fire hydrants on the residential parcels and
used water for domestic purposes beginning approximately September 14, 2014. B. Amount:
2.0 cfs, absolute. C. Use: Irrigation, stock water, and domestic. D. Supporting evidence that
Meeker Ranching diverted water in-priority and applied such water to the beneficial uses
claimed and in the amounts claimed: In 2014, Meeker Ranching completed the design and
construction of the pump station, pipeline and stock water/regulation pond for the Mahleres
Pump and Irrigation System at a cost of more than $1,300,000.00. Irrigation, stock watering and
domestic use first occurred in the summer of 2014, as described above. The location of the
Mahleres Pump and Irrigation System features is shown on Exhibit 2 attached to the Application.
The new pipeline, as installed, generally follows the line of the old, unrepairable pipeline that
had been installed by Meeker Ranching’s predecessors, the Mahlereses. In 2015, Meeker
Ranching installed large moveable sprinkler guns to irrigate the land approved for irrigation in
Case No. 14CW3061 (See photograph attached to the Application as Exhibit 3) and continued to
use water from the Mahleres Pump and Irrigation System for stock watering at the pond and
other tanks, as well for domestic uses such as landscape irrigation and filling of a swimming
pool, and fire protection. In September of 2015, Meeker Ranching installed a sonic flow meter
on the pump station. The system was shut down in October 2015. At shutdown, the sonic flow
meter recorded 5,109,260.7 gallons used in 2015. The meter recorded a maximum pump rate of
860.1 gpm (approximately 1.92 cfs) in 2015. Meeker Ranching estimates that a total of
approximately 7,000,000 gallons of water were pumped and used in 2014 and 2015. The
Mahleres Pump and Irrigation System was designed and constructed, however, to pump at a rate
of up to 2.0 cfs. Calculations by one of Meeker Ranching’s engineers indicate that, prior to
installation of the sonic meter, the pump station pumped at a rate in excess of 2.0 cfs for
irrigation stock watering and domestic uses. Meeker Ranching plans to continue to make further
improvements to the sprinkler irrigation system and other aspects of the Mahleres Pump and
Irrigation System in 2016, and reserves the right to supplement the information in this
Application without amending or republishing the Application. E. Description of place of use
where water is applied to beneficial use: As described above, Meeker Ranching uses the
Mahleres Pump and Irrigation System for the irrigation of 106 acres as decreed in Case No.
14CW3061; for livestock watering; and for domestic purposes on the lands shown on Exhibit 2.
5. Name and address of owner or reputed owner of the 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. All structures are located upon land owned and maintained by Meeker Ranching.
WHEREFORE, Meeker Ranching respectfully requests that the Court enter an order and decree:
A. Confirming that the conditional water right decreed to the Mahleres Pump and Irrigation
System has been made fully absolute for all decreed uses in the amount of 2.0 cfs, or in the
alternative, continuing such conditional water right in full force and effect for an additional sixyear period; and B. Providing such other relief as the Court deems proper.
14CW18 JACKSON COUNTY –Amended Application Changing From Finding Of Diligence
To Make Absolute. Applicant: Floy I. Arnold, 6550 Depew Ct., Arvada, CO 80003, 303-4213470. Structure: Arnold Well A: Date of Original Decree-December 3, 1981; Case 80CW29,
Water Division 6; Subsequent Decrees: May 25, 2005, 05CW19. Legal Description: W1/2,
W1/2, S29, T6N, R78W, 6th PM, Jackson County-see map in Court file for legal description of
real property. Source: Groundwater tributary to Illinois River. Appropriation: Date-April 17,
1980; Amount-15 gpm each; Use-Domestic, including fire protection. Detailed outline of what
has been done toward completion: The decree entered in 80CW29 approved an augmentation
plan for ten residential tracts, ranging from 9.782 acres up to 11.601 acres in size. These tracts,
denominated tracts A though J, will contain one single family dwelling and one of the Arnold
Wells which will supply water for domestic (including fire protection) uses in connection with
the dwelling. Augmentation water is stored in and released from the Arnold Pond.
You are hereby notified that you will have until the last day of MARCH, 2016 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, 1955 Shield Dr. Unit
200, Steamboat Springs, CO 80487.
MARY ANN NINGER
CLERK OF COURT
ROUTT COUNTY COMBINED COURT
WATER DIVISION 6
/s/ Kristen Lande
Deputy Court Clerk