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 July, 2015.
15CW13, Rio Blanco COUNTY Application for finding of reasonable diligence and to make
absolute in whole or in part. Applicant: Mark Thomas, PO Box 1164 Breckenridge co 80424;
9703906010. Structure: Cody Ditch. Date of Original Decrees: 6/15/09; 07CW13. Legal
Description: NW4, SE4, sec 6, T2N, R87W, 6th pm. Rio Blanco County, Colorado 1550 ft from
the south and 1550 ft from the east. Alternate point of diversion: 2000 ft from the south and 1700
ft from the east. Source: Unnamed trib to the East Fork of Williams Fork trib to Yampa River.
Appropriation Date: 6/8/05. Amount: 3CFS. Use: irrigation of approximately 25 acres as well as
stock water and domestic. Detailed outline toward completion: See map and irrigation records in
court file. Date applied to beneficial use: 5/15/10, amount .5 cfs from both diversion points, use
irrigation; description: see map. Owner of Land: Applicant
2015CW03024 ROUTT COUNTY Application For Water Rights Of Applicant: Ty Lockhart,
IN ROUTT COUNTY, COLORADO, Attorney’s Name and Address: Melinda H. Sherman, Esq.
#23259, PO Box 774608, 401 Lincoln Ave, Steamboat Springs, CO 80477, 970-879-7600, 970879-8162, sherman@steamboatlawfirm.com, AMENDED APPLICATION FOR FINDING
REASONABLE DILIGENCE, Name, mailing address, email address, and telephone number of
applicant is as follows: Ty Lockhart, 830 Lincoln Avenue, Steamboat Springs, Colorado 80487,
ty@fmlight.com, (970) 879-1822, Name of structure: Duquette Ditch Enlargement. Describe
conditional water right including the following information from previous decree: Duquette
Ditch Enlargement .38 c.f.s., conditional. Date of Original Decree: On April 17, 2001, the Water
Court for Water Division No. 6 in Case No. 98CW43, decreed and awarded a conditional surface
water right to the Duquette Ditch Enlargement in the amount of 0.6 c.f.s., for the use of irrigation
of no more than 16.6 acres in Parcels A, B, C, D, E, F, G and H, Heritage Park Subdivision, with
the irrigation of Parcel F not to include the area within Parcel F that is the Christian Heritage
School and the surrounding landscaping. In Case No. 2006CW48, the Water Court awarded .22
c.f.s., absolute for the irrigation of 6 acres in Parcels A and B, Heritage Park Subdivision and
continued the remaining .38 c.f.s., conditional, for irrigation of an addition 10.6 acres in Parcels
A, B, C, D, E, F, G and H, Heritage Park Subdivision with irrigation of Parcel F not to include
the area within Parcel F that is the Christian Heritage School and the surrounding landscaping.
Legal description: The headgate of the Duquette Ditch Enlargement is located on the north bank
of the Yampa River in the SE1/4SE1/4 of Section 3, T6N, R85W of the 6th P.M., Routt County,
Colorado, at a point 1210 feet from the east line of such Section 3, and 1233 feet from the south
section line of such Section 3. From such headgate, water is diverted into a channel used in
common by the Duquette Ditch, the Duquette Ditch Enlargement as described in this case, the
Sampson Ditch, and the Bamber Ditch, and flows westerly in such channel to a division structure
where waters which have been diverted for this Duquette Ditch Enlargement and the Sampson
Ditch are diverted into the Sampson Ditch at a division gate located in the SW1/4SE1/4 of
Section 3, T6N, R85W of the 6th P.M., at a point 1864 feet from the east line of such Section 3
and 1167 feet from the south line of such Section 3, Source of water: Yampa River.
Appropriation Date: August 31, 1998. Use: .38 c.f.s., conditional, for irrigation of an addition
10.6 acres in Parcels A, B, C, D, E, F, G and H, Heritage Park Subdivision with irrigation of
Parcel F not to include the area within Parcel F that is the Christian Heritage School and the
surrounding landscaping. The Applicant has taken the following steps toward the completion of
the appropriation and putting water to beneficial use as conditionally decreed: Since the Court
entered a Decree in Case No. 2006CW48, the Applicant has partially constructed three fields on
Parcels C, D and E, Heritage Park Subdivision. Such partial construction consists of the fields
being filled and graded to roughly the grading standards for athletic fields. The fields have been
crowned, which means the center of the fields are approximately one foot higher than the outside
boundaries of such fields. The Applicant incurred costs in the amount of $40,000.00 to complete
this work.
The Applicant incurred costs in the amount of $7,000.00 to fence in Parcel E. The Applicant
incurred costs in the amount of $5,000.00 to run soil tests on Parcel D to determine whether the
existing soils would be sufficient for finalization of field construction or if amendments to soil
on Parcel D would be necessary to facilitate drainage and to determine whether fertilizer is
necessary to neutralize acids in the soil. Location information in UTM format (Preferred): UTM
Zone must be 12 or 13; Units must be Meters; Datum must be NAD83; and Units must be set to
true North. Include the source of the UTM coordinates, for example: GPS device, GIS system
such as DWR AquaMap or CDSS MapViewer; scaled from USGS topographic map; or other
source. In areas having generally recognized street addresses, also include street address, and if
applicable, the lot, block, and subdivision. Attach a legible 8 ½ x 11 inch map to this application
illustrating location of the structure.
Zone 13. Street Address:,
Subdivision:, Lot, Block, Source of UTMs (for example, hand-held Garmin GPS): Accuracy of
location displayed on GPS device (for example, accurate to within 200 feet): The headgate of the
Duquette Ditch Enlargement is located on the north bank of the Yampa River in the SE1/4SE1/4
of Section 3, T6N, R85W of the 6th P.M., Routt County, Colorado, at a point 1210 feet from the
east line of such Section 3, and 1233 feet from the south section line of such Section 3. From
such headgate, water is diverted into a channel used in common by the Duquette Ditch, the
Duquette Ditch Enlargement as described in this case, the Sampson Ditch, and the Bamber
Ditch, and flows westerly in such channel to a division structure where waters which have been
diverted for this Duquette Ditch Enlargement and the Sampson Ditch are diverted into the
Sampson Ditch at a division gate located in the SW1/4SE1/4 of Section 3, T6N, R85W of the 6th
P.M., at a point 1864 feet from the east line of such Section 3 and 1167 feet from the south line
of such Section 3. Names(s) and address(es) of owner(s) or reputed owners 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. The applicant must notify these persons that the
applicant is applying for this water right, and certify to the Court that the applicant has done so
by no later than 14 days after filing this Application. The certification form is on page 5 of this
form. Name of Owner, Mailing Address, Stanko Limited Partnership, LLLP, P.O. Box 772797,
Steamboat Springs, CO 80477, Steamboat Golf Club, P.O. Box 773308, Steamboat Springs, CO
80477, Melinda Sherman, Signature of Attorney, 7-14-15, Date.
2015CW3025, (90CW165, 01CW08, 08CW024) ROUTT COUNTY. APPLICATION FOR
FINDING OF REASONABLE DILIGENCE. Dakota Ridge Homeowners Association 3001 S.
Lincoln, Suite E, Steamboat Springs, CO 80477 (c/o Richard J. Mehren, Brian T. Selogie,
Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440. 2.
Description of conditional water right: 2.1 Name of structure: Dakota Ridge Water Supply Well.
2.2 Date of original decree: February 22, 1995, in Case No. 90CW165, District Court for Water
Division No. 6, State of Colorado. 2.3 Prior Diligence Decrees: April 17, 2002, in Case No.
01CW08, District Court for Water Division No. 6, State of Colorado and July 22, 2009, in Case
No. 08CW024, District Court for Water Division No. 6, State of Colorado. 2.4 Other Decrees:
October 6, 2005, in Case No. 05CW16, District Court for Water Division No. 6, State of
Colorado. 2.5 Legal description of structure: The Dakota Ridge Water Supply Well is an
infiltration gallery located in the NE 1/4 of the NE 1/4 of Section 29, Township 6 North, Range
84 West, 6th P.M. at a distance of 630 feet west of the east section line and 1,320 feet south of the
north section line of said Section 29, in Routt County, Colorado. A map showing the location of
the Dakota Ridge Water Supply Well is attached as Exhibit A and incorporated herein by this
reference. 2.6 Source: Yampa River alluvium. 2.7 Appropriation date: October 11, 1982. 2.8
Amount: 140 gpm, ABSOLUTE, 110 gpm, CONDITIONAL. 2.9 Use: The Dakota Ridge
Water Supply Well is used to provide a year-round supply of water for domestic, irrigation,
livestock, and fire protection uses, and all other uses customarily associated with a subdivision,
within the Dakota Ridge Subdivision. The Dakota Ridge Subdivision includes 74 lots on 437
acres in Sections 29 and 32, Township 6 North, Range 84 West, 6th P.M., in Routt County,
Colorado. The subject water right decreed to the Dakota Ridge Water Supply well in Case No.
90CW165 provides water for 73 of the 74 lots and approximately 402 of the 437 acres. The
water right decreed to the Dakota Ridge Water Supply Well First Enlargement in Case No.
05CW16 provides water for use by 1 of the 74 lots and approximately 35 acres. The total
irrigation supplied by the Dakota Ridge Water Supply Well within the subdivision is
approximately 15 acres. 2.10 Depth of Well: 25 feet. 3. Detailed outline of work and
expenditures toward completion of the appropriation and application of the water to beneficial
use: 3.1 Dakota Ridge HOA’s water system is a single “project or integrated system” within the
meaning of C.R.S. § 37-92-301(4)(b) for the purpose of determining reasonable diligence. The
water system was installed at the time the Dakota Ridge Subdivision was platted. Accordingly,
all of the water mains and other structures providing water service for the entire Dakota Ridge
Subdivision have already been installed. As additional houses are built within the Dakota Ridge
Subdivision, connector lines must be installed between the new homes and the Dakota Ridge
Subdivision’s existing water mains. During this diligence period (July 2009 through July 2015),
3 new homes were built within the Dakota Ridge Subdivision. Consequently, Dakota Ridge
HOA installed 3 new water main connections for a total of 60 homes currently connected to the
water system. 3.2 During this diligence period, Dakota Ridge HOA has spent $200,705 on new
connections and repairs to its water system including the installation of connector lines between
the water mains and 3 new homes, pump replacement, upgrades to tank controls, and repairs to a
pressure-reducing valve. Also during this diligence period, Dakota Ridge HOA has spent
$325,193 on water line replacement. In addition, Dakota Ridge HOA has expended funds during
this diligence period to operate and maintain its water system. These operations and
maintenance costs included costs for labor to operate and maintain the water supply system, as
well as costs for electricity and chemicals and for routine maintenance such as tank cleaning,
quality testing, road maintenance, and hydrant-flushing. Dakota Ridge HOA is currently in the
process of approving a special assessment for completion of water line replacement and
construction of a chlorine contact basin in the amount of $1,013,069. 3.3 Each year during this
diligence period, to augment out-of-priority diversions from the Dakota Ridge Water Supply
Well in accordance with the augmentation plan decreed in Case No. 90CW165, and as amended
in Case No. 05CW16, Dakota Ridge HOA purchased 50 acre-feet of augmentation water from
the Upper Yampa Valley Water Conservancy District out of its Stagecoach Reservoir supply.
This augmentation water covers both the absolute and the conditional portions of the Dakota
Ridge Water Supply Well. From 2009 through 2011, the annual cost of the augmentation water
from Stagecoach Reservoir was $3,500. From 2012 through 2015, the annual cost of the
augmentation water from Stagecoach Reservoir was $1,750. Accordingly, Dakota Ridge HOA
expended $17,500 during this diligence period on augmentation water. 3.4 Dakota Ridge HOA
has also incurred more than $7,039 in legal fees related to the defense and maintenance of its
water rights during this diligence period. 3.5 The subject water right is an integral part of an
overall water supply system for the Dakota Ridge Subdivision. The operation of Dakota Ridge
HOA’s water supply system is governed by the terms of Dakota Ridge HOA’s plan for
augmentation as decreed in Case No. 90CW165 and as amended in Case No. 05CW16.
Development of the Dakota Ridge Subdivision is expected to occur over a number of years, and
it is the intent of the Dakota Ridge HOA to continue to develop the subject water right as part of
its unified water project. 4. Names and addresses of owners or reputed owners 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: Not applicable. WHEREFORE, Dakota Ridge HOA
respectfully requests that the Court enter a decree finding and ruling that Dakota Ridge HOA has
exercised reasonable diligence and continuing the 110 gpm conditional water right for the
Dakota Ridge Water Supply Well in full force and effect for an additional diligence period.
15CW3026, ROUTT COUNTY, tributaries to Trout Creek, tributary to Yampa River.
Application For Finding Of Reasonable Diligence And To Make Absolute In Whole Or In Part.
1. Name, mailing address, email address, telephone number of applicant: Ludlows
Mountainview Ranch, LLC [“Ludlows”], 34115 RCR 33, Steamboat Springs, CO 80487,
mountainviewr@aol.com, 970.870.8267. Direct all pleadings and court-related documents to
Claire E. Sollars, Esq., P.O. Box 881302, Steamboat Springs, CO 80488-1302,
Claire.Sollars@hughes.net, 970.757.2713. 2. Names of structures: Spring Dale Spring First
Enlargement; Powerline Spring No. 1; Spring Dale Pond No. 1; Spring Dale Pond No. 2;
Powerline Pond No. 1. 3. Description of conditional water rights: a. Original Decree: On July
28, 2009, the Water Court awarded conditional water rights to Ludlows in Case No.
2007CW056, Water Division No. VI, of the Routt County Combined Courts. b. Subsequent
Diligence Decrees: No previous applications for finding of due diligence have been filed. With
this application, Ludlows requests the Water Court adjudicate part of the conditional water right
as absolute and continue the remaining conditional water rights. c. Legal Descriptions: i. Spring
Dale Spring First Enlargement: SE1/4 SE1/4 of Section 6, Township 5 North, Range 85 West, of
the 6th Prime Meridian, at a distance of 528 feet from the South Section Line and 1,219 feet from
the East Section Line of said Section 6, Routt County, Colorado; ii. Powerline Spring No. 1:
NE1/4 NW1/4 of Section 6, Township 5 North, Range 85 West, of the 6th Prime Meridian, at a
distance of 2,600 feet West of the East Section Line and 4,000 feet North of the South Section
Line of said Section 6, Routt County, Colorado; iii. Spring Dale Pond No. 1: SW1/4 SE1/4 of
Section 6, Township 6 North, Range 85 West, of the 6th Prime Meridian, at a distance of 505
feet from the South Section Line and 1,337 feet from the East Section Line of said Section 6,
Routt County, Colorado; iv. Spring Dale Pond No. 2: SW1/4 SE1/4 of Section 6, Township 5
North, Range 85 West, of the 6th Prime Meridian, at a distance of 1,700 feet West of the East
Section Line and 690 feet North of the South Section Line of said Section 6, Routt County,
Colorado; v. Powerline Pond No. 1: NE1/4 NW1/4 of Section 6, Township 5 North, Range 85
West, of the 6th Prime Meridian, at a distance of 2,800 feet West of the East Section Line and
4,040 feet North of the South Section Line of said Section 6, Routt County, Colorado. d. Source
of Water: All five structures derive water from unnamed tributaries of Trout Creek, tributary to
the Yampa River. e. Appropriation Dates and Amounts: September 29, 1997 for Spring Dale
Spring First Enlargement (0.9 cfs conditional); Spring Dale Pond No. 1 (2.5 AF conditional) and
Spring Dale Pond No. 2 (4.0 AF conditional); December 15, 2005 for Powerline Spring No. 1
(0.25 cfs conditional) and Powerline Pond No. 1 (3.0 AF conditional); Ludlows may fill and
refill ponds when in priority and use the springs to provide freshening flows. f. Uses: i. Spring
Dale Spring First Enlargement and Powerline Spring No. 1: Domestic; fire protection; irrigation
of up to 190 acres; stock watering; recreation; wildlife watering; aesthetics; ii. Spring Dale Pond
No. 1, Spring Dale Pond No. 2 and Powerline Pond No. 1: Domestic; fire protection; irrigation of
up to 190 acres; stock watering; piscatorial; recreation; wildlife watering; aesthetics. iii.
Location of Land to be Irrigated: 190 acres in SE1/4 and SW1/4 NE1/4 and S1/2 NW1/4 NE1/4
of Section 6, Township 5 North, Range 85 West. g. Depth (if well): N/A. 4. 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: Throughout the
diligence period, Ludlows used its own equipment and materials to further develop the
conditional water rights. Ludlows maintained the Spring Dale Spring Enlargement collection
and conveyance system and used the water at their ranch headquarters for livestock watering,
irrigation, and domestic purposes. Overflow from the spring was channeled to a livestock water
tank, which was used by livestock and wildlife in the vicinity of the spring site. To date,
Ludlows has not been able to clean out Spring Dale Pond No. 1 to increase its capacity, due to
the degree of soil saturation at the times of construction efforts. Ludlows conducted additional
field surveys for development of Powerline Spring No. 1 and Powerline Pond No. 1, and
incurred approximately $1,500 for legal fees and costs for the preparation and filing of this
Application. 5. If claim to make absolute in whole or in part: Ludlows assert an absolute water
right for Spring Dale Spring Enlargement in the amount of 0.033 cfs, of the total 0.9 cfs
conditional water right, and an absolute water right for Spring Dale Pond No. 1 in the amount of
0.1 acre-feet, of the total 2.5 acre feet conditional water right. a. Date water applied to beneficial
use: Spring Dale Spring Enlargement and Spring Dale Pond No. 1 -September 1, 2007. Amount
and Use: Spring Dale Spring Enlargement - 0.033 cfs for domestic, stock watering, wildlife
watering, freshening flows to Spring Dale Pond No. 1; Spring Dale Pond No. 1 – 0.1 acre-feet for
domestic, fire protection, irrigation of up to 190 acres, stock watering, piscatorial, recreation,
wildlife watering, aesthetics. b. Evidence of in-priority diversion and application to beneficial
uses: Since the development of Spring Dale Spring Enlargement, Ludlows consistently collected
and used water from it and Spring Dale Pond No. 1. Collected spring water is piped to ranch
headquarters, and also to a stock water tank and to Spring Dale Pond No. 1 where it is used for
stock watering and wildlife watering. Additionally, water from the spring is used to provide
freshening flows to the pond. c. Description of place of use where water is applied to beneficial
use: Water collected from Spring Dale Spring First Enlargement is piped to the ranch
headquarters area where it is used for irrigation, stock watering, and for domestic uses. Water
generated from the spring and the water collected in Spring Dale Pond No. 1 is used at those
locations by livestock and wildlife. d. Actual Location: Ludlows determined the structures’
locations varied from those originally decreed, except for Spring Dale Pond No. 1. The
descriptions stated herein were determined through field surveys, use of aerial photographs, and
use of “AquaMap” software program maintained by the Colorado Division of Water Resources.
All structures are located in Section 6, Township 5 North, Range 85 West, of the 6th P.M., in
Routt County, Colorado, and the UTM coordinates are in Zone 13, NAD83: Spring Dale Spring
Enlargement - SE¼ SE¼, 554 ft. from S section line and 1223 ft. from E section line, 4475567
mN and 333564 mE; Spring Dale Pond No. 2 - SW¼ SE¼, 563 ft. from S section line and 1397
ft. from E section line, 4475571 mN and 333511 mE; Powerline Spring No. 1 - SW¼ NE¼,1015
ft. from N section line and 2178 ft. from E section line, 4476583 mN and 333298 mE; Powerline
Pond No. 1 - SW¼ NE¼, 1012 ft. from N section line and 2230 ft. from E section line, 4476584
mN and 333282 mE. 6. Name and address of owner or reputed owners 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: Michael and Rebecca Ludlow or their corporation,
which is the Applicant of this case (Ludlows’ Mountainview Ranch, LLC), own the land where
the water rights are located and upon which the water rights have been and will be used. 7.
Remarks: Ludlows respectfully request the Water Court enter a decree that: (a.) adjudicates
0.033 cfs of Spring Dale Spring Enlargement water right as absolute for the uses of domestic,
stock watering, wildlife watering, and freshening flows; (b.) adjudicates 0.1 AF of Spring Dale
Pond No. 1 water right as absolute for the uses of domestic, fire protection, irrigation of up to 190
acres, stock watering, piscatorial, recreation, wildlife watering, and aesthetics; (c.) finds
Ludlows exercised reasonable diligence in the development of the remaining conditional rights
for Spring Dale Spring First Enlargement, Powerline Spring No. 1, Spring Dale Pond No. 1,
Spring Dale Pond No. 2, and Powerline Pond No. 1 based, in part, upon the Referee’s Ruling and
Decree of Water Court of Ludlows initial Case No. 2007CW56, in which the Water Court
determined all the structures are integrated when evaluating due diligence in this and future
applications (see C.R.S. §37-92-301(4)(b)); (d.) continues the conditional status of Ludlows’
water right in full force and effect, as follows: (i.) Spring Dale Spring First Enlargement - 0.867
cfs for domestic, fire protection, irrigation of up to 190 acres, stock watering, recreation, wildlife
watering, and aesthetics; (ii.) Spring Dale Pond No. 1 - 2.4 AF for domestic, fire protection,
irrigation of up to 190 acres, stock watering, piscatorial, recreation, wildlife watering, and
aesthetics; (iii.) Spring Dale Pond No. 2 - 4.0 AF for domestic, fire protection, irrigation of up to
190 acres, stock watering, piscatorial, recreation, wildlife watering, and aesthetics; (iv.)
Powerline Spring No. 1 - 0.25 cfs conditional for domestic, fire protection, irrigation of up to 190
acres, stock watering, recreation, wildlife watering, and aesthetics; (v.) Powerline Pond No. 1 3.0 AF for domestic, fire protection, irrigation of up to 190 acres, stock watering, piscatorial,
recreation, wildlife watering, and aesthetics; and (e.) permits Ludlows to correct the legal
descriptions of the structures in order to more accurately describe the locations of the developed
structures and the development sites of Spring Dale Pond No. 2, Powerline Spring No. 1 and
Powerline Pond No. 1.
15CW3027 RIO BLANCO COUNTY, Application for Finding of Reasonable Diligence.
Applicant: Blue Mountain Energy, Inc., Attn: Scott Wanstedt, 3607 County Road 65, Rangely,
Colorado 81648, (970) 675-4322. Direct Pleadings to: Peter D. Nichols, Leah K. Martinsson,
BERG HILL GREENLEAF & RUSCITTI LLP, 1712 Pearl Street, Boulder, Colorado 80302. 2.
Description of Conditional Water Rights: A. Names of Structures: i. Moon Lake-Staley Mine
Pipeline and Reservoir; ii. Enlargement of Moon Lake-Staley Mine Pipeline and Reservoir. B.
Date of Original Decree as to each right: November 21, 1966, C.A. No. 1269, Rio Blanco
County District Court. C. Location, as to each right: The originally decreed point of diversion
for both water rights is located on the West bank of the White River at a point whence Corner
No. 6 of P.D.S. No. 3015 in Sec. 11, T.2N., R.101W., 6th P.M. bears S. 30° 46' E. a distance of
1975.47 feet. In Case No. 91CW036, the point of diversion for the 0.2 cfs consumptive use
portion of this water right was changed to the Deserado Surface Mine Pump located in the NE ¼
SW 1/4 of Section 11, T.2N, R.101W, 6th P.M., at a point 2098 feet North of the South section
line and 2600 feet East of the West section line of said Section 11. D. Source of Water: White
River, as to each right. E. Appropriation Date: i. Moon Lake-Staley Mine Pipeline and
Reservoir: November 14, 1961. ii. Enlargement of Moon Lake-Staley Mine Pipeline and
Reservoir: April 13, 1964. F. Amount: i. Moon Lake-Staley Mine Pipeline and Reservoir:
125.2 cfs, of which 0.2 cfs is consumptive in nature and was made absolute in Case No.
94CW229 (Water Div. 5); 125.0 cfs remains conditional. ii. Enlargement of Moon Lake-Staley
Mine Pipeline and Reservoir: 55.1 cfs, of which 0.1 cfs is consumptive in nature and was made
absolute in Case No. 94CW229 (Water Div No. 5); 55.0 cfs remains conditional. G. Use:
generation of electrical power and industrial uses. H. Land ownership information: The
Applicant leases the land from the United States of America via coal leases administered by the
Bureau of Land Management, 73544 Highway 64, Meeker, CO 81641. 3. Most Recent Finding
of Reasonable Diligence: In the last diligence proceeding concerning the water right that is the
subject of this Application, Case No. 08CW65 (Water Div. 5), this Court ruled that reasonable
diligence had been shown in the development of the subject water right, and granted the
application for a finding of reasonable diligence on July 17, 2009. Prior to that ruling, at timely
intervals as required by statute, the Applicant has shown to the Court that reasonable diligence
had been exercised in the development of these conditional water rights, and the Court ruled in
Case Nos. W-2973, 80CW186, 84CW147, 88CW154, 94CW229, 01CW093, and 08CW65 (all
in Water Div. 5) that said water rights be continued in full force and effect. 4. Application for
Finding of Reasonable Diligence: Applicant seeks a finding of reasonable diligence for the
Moon Lake-Staley Mine Pipeline and Reservoir and the Enlargement of Moon Lake-Staley Mine
Pipeline and Reservoir. Outline of Work Done Toward Completion of Project and Application
of Water to Beneficial Use: The conditional water rights that are the subject of this Application
are an integral part of the Applicant's unified water supply system plan, including the GrossNichlos Ditch, the Moon Lake Pipeline, the Moon Lake-Staley Mine Pipeline and Reservoir, the
Enlargement of Moon Lake Staley Mine Pipeline and Reservoir, Deserado Mine Water System,
Deserado Mine Water System Enlargement, Deserado Mine Sediment Pond RP-1, Deserado
Mine Sediment Pond[s] RP-2 and RP-3, Deserado Mine Sediment Pond RP-4, and the Railroad
Loadout Loop Sediment Pond, supporting development of its coal mining properties and that
maintenance of said right is necessary to ensure that water needs are met for Deserado Mine and
adjacent properties. This Court has previously found that diligence on one part of this system is
diligence on the entire system. Case No. 06CW259, Water Division. No.5, at ¶ 7.A (June 28,
2008). Map A shows the locations of these structures. These water rights go to support and
maintain the industrial and domestic uses necessary for the continued operation of the Deserado
Mine. The Deserado Mine is an underground coal mine operated by Blue Mountain Energy, Inc.
(BME) in western Rio Blanco County, Colorado. Coal is transported approximately 35-miles to
the Bonanza Station south of Vernal, Utah by electric railroad to generate power for Deseret
Generation and Transmission (DG&T). DG&T was formed to supply affordable power to a six
member rural electric cooperative covering portions of Colorado, Utah, Wyoming, Nevada, and
Arizona. BME and the Bonanza Station are both owned by DG&T. At the Deserado Mine coal
is primarily mined through longwall mining methods. This is the most efficient means of coal
extraction with the greatest percent recovery of the resource of any underground mining method.
The second method, continuous mining, is used to prepare large blocks of coal for the longwall
miner. Coal is transported out of the mine by conveyors. Sensors determine if the coal is of a
high enough quality to send directly to the Bonanza Station or if it must be “washed” to remove
contaminating rock to improve the thermal heating value of the coal. The wash process is a
complex float:sink method to separate the heavier rock from the coal. The ‘refuse’ or rock
removed from the coal is transported by truck to the refuse areas for permanent disposal. Clean
coal is transported by conveyor 3.5 miles to the railroad loadout where it is loaded onto an
electric train for transport to the Bonanza Station. Water use for these operations is primarily for
dust control and washing coal. Other uses include domestic water for workers, longwall shield
hydraulic fluid, and storm-water storage in sediment ponds to protect surface water quality.
Within the mine, water is used only in the active portions, which includes the one longwall and
one or two continuous miner sections. The specific locations change as mining advances.
During the interval of time since this Court’s last finding of diligence, in continuing the
development of the water right that is the subject of this Application, Applicant has continued
development and use of the subject water rights. Work performed to develop the subject
conditional water right includes, but is not limited to: A. The continued mining and processing
of coal for delivery to the Bonanza Station. B. The handling and transport of coal refuse
material to the Refuse Areas as well as the spreading, compaction, and general upkeep of the
coal refuse storage facility. C. Upgrade of the pumping system from the raw water lagoon at the
White River to the raw water storage tank to improve efficiency and reliability. Expenditures for
this upgrade were in excess of $194,000. D. Acquisition of a new Federal Coal Lease that
contains an estimated 24.1 million minable tons of coal that extends the projected life of the
Deserado Mine to 2034. Map B shows the location of the new coal lease. E. Expenditures by
the Applicant during this diligence period in connection with the above activities were in excess
of $330,000,000 for production expenditure, $31,000,000 for taxes and royalties, $8,777,000 for
capital expenditures, and $3,945,000 for the new coal lease. F. Action in support of the
Applicant’s unified water system, including monitoring of applications for water rights which
could adversely affect the Applicant’s water rights. An affidavit verifying the above facts is
attached hereto. WHEREFORE, Applicant prays the Court enter a decree finding that Applicant
has exercised reasonable diligence in the development of the Moon Lake-Staley Mine Pipeline
and Reservoir as to 125.0 cfs, conditional and Enlargement of Moon Lake-Staley Mine Pipeline
and Reservoir as to 55.0 cfs, conditional and granting such other and further relief as the Court
deems proper. (8 pages)
15CW3028 ROUTT COUNTY-Application for Finding of Reasonable Diligence. Applicant:
Deerwood Service Company, LLC, P.O. Box 881546, Steamboat Springs, CO 80488, 970-8716026. Attorney of Applicant: Karl D. Ohlsen and Johanna Hamburger, Carlson, Hammond &
Paddock, L.L.C., 1900 Grant Street, Suite 1200, Denver, Colorado 80203-4539; Phone Number:
(303) 861-9000, Fax: (303) 861-9026. 2. Name of Structures: A. Deerwood Pond. A map setting
forth the approximate location of this structure is attached as Exhibit A. 3. Description of
Conditional Water Rights: A. Decrees: 1. Date of Original Decree: January 31, 1996, Case No.
94CW148, District Court, Water Division No. 6. 2. Subsequent Decrees: (a) June 10, 2002, Case
No. 02CW16, District Court, Water Division No. 6; (b) July 22, 2009, Case No. 08CW40,
District Court, Water Division No. 6. B. Location: SE1/4NW1/4 Section 20, T5N, R85W, 6th
P.M. at a point bearing North 37 degrees, 16 minutes, 51 seconds East, 4389.78 feet from the
Southwest Corner of said Section 20, Routt County, Colorado. The dam is located 1,770 feet
South of the North line of Section 20, Township 5 North, Range 85 West of the 6th P.M., and
2,670 feet East of the West line of Section 20, Township 5 North, Range 85 West of the 6th P.M.
C. Source: Unnamed tributary to Trout Creek, tributary to the Yampa River, and ground water
produced by DP Well Nos. 3 and 4, as decreed in Case No. 94CW93. D. Appropriation Date:
October 3, 1994. E. Amount: 13.6 acre-feet. F. Separate Appropriations: The appropriation of a
conditional water right for the Deerwood Pond is separate from, and in addition to, the water
right decreed for the second filling of the Deerwood Pond adjudicated in Case No. 99CW13,
Water Division No. 6, and for the third filling of the Deerwood Pond adjudicated in Case No.
01CW81, Water Division No. 6. G. Use: domestic, livestock, recreation, fishery, and aesthetics.
The water decreed to Deerwood Pond in Case No. 94CW148 was made absolute in the amount
of 13.69 acre-feet for the uses of livestock, recreation, fishery, and aesthetic purposes in Case
No. 02CW16. The use for domestic purposes remains conditional in the amount of 13.6 acrefeet. H. Deerwood Pond Dam: 1. Height of dam: Less than 10 feet. 2. Length of dam:
Approximately 425 feet. 4. Detailed outline of what has been done toward completion of the
appropriation and application of water to a beneficial use as conditionally decreed, including
expenditures: A. As decreed in Case No. 02CW16, Deerwood Pond is part of the Deerwood
Service Company water system, an integrated system of water delivery to the developments
served by the Applicant under § 37-92-301(4)(b), C.R.S. The Deerwood Service Company water
system includes the DP Wells No. 3 and No. 4, adjudicated in Case Nos. 94CW93 (01CW22);
99CW13 (05CW48); and 01CW81 (08CW11); and the Deerwood Pond, adjudicated in Case
Nos. 94CW148 (02CW16, 08CW40); 99CW13 (05CW48); and 01CW81 (08CW11). During the
diligence period, the Applicant continued to work to develop the integrated Deerwood Service
Company water system of which Deerwood Pond is a part. B. The Applicant expended
approximately $134,855.49 on maintenance, repairs, and upgrades of the structures included
within the Deerwood Service Company water system, including approximately $49,738.46 on
well and pump servicing, approximately $72,262.03 on general structure repairs and
maintenance, and approximately $12,855.00 on repair of Whetstone Dam. C. On the lots within
the Deerwood Ranches and Creek Ranch development, homes and various other improvements,
including in some cases accessory dwellings, lawn and landscape irrigation facilities, and
livestock watering facilities, were constructed. D. Nineteen lots out of 26 lots in the Deerwood
Ranches development are connected to the Deerwood Service Company water system. Two of
these lots were added during the period from 2009 to 2015. E. Sixteen lots out of the 40 lots in
Creek Ranch are connected to the Deerwood Service Company water system. F. Water from the
Deerwood Pond continues to be applied to beneficial use for livestock, recreation, fishery, and
aesthetic purposes within the Deerwood Ranches subdivision. G. In Case No. 05CW23,
Applicant prosecuted an application for an augmentation plan to provide augmentation for outof-priority depletions attributable to the Deerwood Service Company water system. On
September 30, 2012, the Court entered a decree approving Applicant’s augmentation plan in
Case No. 05CW23. H. Water from DP Well No. 4 was applied to beneficial use in the Deerwood
Ranches service area. A decree was entered on October 9, 2009 in Case No. 08CW70 making the
water right decreed to DP Well No. 4 in Case No. 94CW93 (01CW22) absolute in the amount of
142 g.p.m., and continuing as conditional the remaining water rights decreed in Case No.
94CW93 to DP Well No. 3 and DP Well No. 4. I. Water from DP Well No. 4 was applied to
beneficial use in the Wilkerson Subdivision. A decree was entered on July 12, 2012 in Case No.
08CW11 making the water right decreed to DP Well No. 4 in Case No. 01CW81 absolute in the
amount of 3.61 g.p.m., and continuing as conditional the remaining water rights decreed in Case
No. 01CW81 to DP Well No. 3, DP Well No. 4 and Deerwood Pond (Third Filling). J. Water
from DP Well No. 4 was applied to beneficial use in the Creek Ranch Subdivision. A decree was
entered on January 3, 2015 in Case No. 12CW3017 making the water right decreed to DP Well
No. 4 in Case No. 99CW13 (05CW48) absolute in the amount of 41 g.p.m., and continuing as
conditional the remaining water rights decreed in Case No. 99CW13 to DP Well No. 3, DP Well No.
4, and Deerwood Pond (Second Filling). 5. Names(s) and address(es) of owner(s) or reputed
owners 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: A. The Deerwood Pond is located
on an easement on property owned by Patricia A. and David C. Mihaich, P.O. Box 771294,
Steamboat Springs, CO 80477. WHEREFORE, Applicant requests that the Court enter a finding
of reasonable diligence with respect to the conditional water rights decreed to Deerwood Pond.
15CW3029 ROUTT COUNTY- Application to Make a Portion of Conditional Water Rights
Absolute, and For Finding of Reasonable Diligence. Applicants, Elk River Partners, LLC, c/o
Mr. William P. Langdale, Jr., Langdale Vallotton, LLP, 1007 North Patterson St., P.O. Box
1547, Valdosta, GA 31601, (229) 244-5400 blangdale@langdalelaw.com, and Marabou Owners
Association, c/o Mr. Scott Bell, P.O. Box 770187, 41255 Marabou Loop, Steamboat Springs, CO
80487, (970) 879-0507, sbell@marabouranch.com; with a copy to: Kylie J. Crandall, 1800
Broadway, Suite 300, Boulder, CO 80302, (303) 473-4819, kjcrandall@hollandhart.com.
Structures: Taylor Ditch Marabou Ranch Enlargement and Marabou Ranch Well-Pond No. 1.
Applicants have appropriated various water rights that comprise an integrated water supply plan
and system for development of the Marabou Ranch property, and adjacent property known as the
Zimmerman property (the two properties will be referred to collectively herein as the “Ranch”),
near Steamboat Springs, Colorado. The water supply plan for the Ranch was originally decreed
in Case Nos. 05CW72 and 05CW73. The conditional water rights that are the subject of this
Application were originally decreed on July 31, 2009 in Case No. 05CW72 (Water Division No.
6). A map generally depicting the Ranch is attached and a map generally depicting the locations
of the subject water rights is attached to the application. Taylor Ditch Marabou Ranch
Enlargement, a/k/a Trull Morin Marabou Ditch Headgate No. 2 (the “Taylor Ditch
Enlargement”). Legal: SE1/4NE1/4 of Section 32, Township 7 North, Range 85 West, 6 P.M., at
a point 1652.39 feet from the North Section line and 977.40 feet from the East Section line of
Section 32. Source: Elk River, tributary of the Yampa River. Appropriation Date. August 12,
2005. Amount. 3.0 cfs, conditional, for irrigation. Use or proposed use. Irrigation of
approximately 30 acres. Legal description of acreage irrigated or to be irrigated: Lands located
generally in portions of the W1/2SE1/4 and E1/2SW1/4 of Section 33, all within Township 7
North, Range 85 West of the 6th P.M. Water may be pumped from the ditch to irrigate these
lands. The actual location of the irrigated area may change as the Ranch is developed. In any
subsequent application to make all or any portion of the Taylor Ditch Enlargement absolute for
irrigation, the irrigated lands will be identified on a map submitted with the application, and the
map will be incorporated into the final decree for that application. Marabou Ranch Well-Pond
No. 1 (“Well-Pond No. 1”). Legal. Located in the SW1/4NE1/4, Section 28, Township 7 North,
Range 85 West of the Sixth P.M. at a point 1,668 Feet from the North Section line and 1,845
Feet from the East Section line. Source. Elk River alluvium, tributary to the Elk River. WellPond No. 1 will also be recharged by the import of water diverted from the Elk River via the
Marabou Ranch Pump and Pipeline No. 1. Appropriation Date. August 12, 2005. Amount and
How Recharged. 1.60 acre feet of evaporative loss per year, conditional. Surface area: 0.54
acre. Well-Pond No.1 will continuously be recharged and freshened through the import of
surface water via the Marabou Ranch Pump and Pipeline No. 1. Use: fire protection,
evaporation, recreation, piscatorial, wildlife watering, and stockwatering. Remarks: Well-Pond
No. 1 is excavated into the ground surface and therefore does not have a conventional dam
feature. It intercepts alluvial ground water, and the State Engineer has issued Well Permit No.
64566-F for Well-Pond No. 1. Out-of-priority depletions from Well-Pond No. 1 are augmented
under the plan for augmentation decreed in Case No. 05CW72. Well-Pond No. 1 is not located
within 600 feet of any permitted wells owned by third parties. Claims to Make Absolute. Taylor
Ditch Enlargement. In 2009 water was diverted in an amount of up to 0.75 cfs under this water
right and beneficially used for irrigation as shown on a figure attached to the application. A
summary of the 2009 diversion analysis is also attached. Well-Pond No. 1 was constructed in
approximately 2009, and water was diverted and used to fill the pond to capacity no later than
2014. 1.60 acre feet of evaporative loss per year, conditional. Surface area: 0.54 acre. Use: fire
protection, evaporation, recreation, piscatorial, wildlife watering, and stockwatering. There was
no call on the Yampa and Elk Rivers in 2009 and 2014 as shown by call records attached to the
application. Outline of what has been done toward completion of the appropriation and
application of water to a beneficial use as conditionally decreed. The conditional water rights
that are the subject of this Application are components of an integrated water supply system for
the Ranch. See paragraph II.7 of the final decrees entered in Case Nos. 05CW72 and 73; see
also C.R.S. § 37-92-301(4)(b). Applicants have continued to take steps to diligently develop the
conditional water rights including, without limitation, these activities. The Ranch is a
preservation community consisting of over 1,717 acres, near Steamboat Springs, Colorado.
Residential development on the Ranch consists of approximately 77 homesteads and more than
1,325 acres of open space, wildlife habitat, riparian areas and active ranch operations. During
the relevant diligence period the economic realities were such that development did not proceed
at the anticipated pace, but development of the Ranch is continuing and is anticipated to continue
until it is fully built out. Homesteads on the Ranch continue to be marketed and sold, and
preliminary plans for a comprehensive road system have been designed. All of the water rights
that are part of the integrated water supply system, including the water rights that are the subject
of this Application, are integral to serve the Ranch as it continues to be developed. The
integrated water system has continued to be developed and constructed at the pace necessary for
development to proceed. The domestic water system has been constructed, cleaned, maintained
and improved. The Association’s water consultant assists with the operation and maintenance of
the Association’s domestic water treatment plant that serves the Ranch. The irrigation water
system, of which various water rights decreed in Case No. 05CW73 and the Taylor Ditch
Enlargement are integral components, has been constructed, cleaned and maintained. Applicants
have cleaned and maintained the diversion structure associated with the Taylor Ditch
Enlargement water right. Applicants regularly clean and maintain, and have improved the
Marabou Ranch Augmentation Ponds and the Well-Ponds, including inlet and outlet structures
and additional landscaping around the ponds in order to put water under the subject conditional
water rights to beneficial use. Well-Pond No. 1 was constructed in approximately 2009, and
filled to capacity in 2014. Additionally, Applicants cleaned and maintained all well-ponds and
the interconnecting channel. The pipeline to return water to the Elk River from the augmentation
ponds was constructed and operated during the diligence period. In approximately 2012,
Marabou Ranch Augmentation Pond No. 2 was drained and improvements were made to the
bottom of the pond. Applicants cleaned and maintained the pumps that are used to fill the
Marabou Ranch Augmentation Ponds. Applicants monitored new water rights applications and
activities of other appropriators in order to protect their decreed water rights, including the water
rights decreed in Case No. 05CW72 and 73 (Water Division No. 6). Applicants engaged the
services of water resource engineers, hydrologists and environmental consultants for advice with
respect to the above-described activities and associated water rights matters. Applicants engaged
the services of attorneys to provide legal advice in connection with the above-described activities
and associated water rights matters. Total expenditure in time and money for all of the above
work during the diligence period is difficult to estimate, but is conservatively estimated at more
than $1,700,000. Name and address of owners of land on which structures are located and upon
which water is placed to beneficial use: Applicants. Wherefore Applicants respectfully request
that the Court: enter a decree confirming that 0.75 cfs of the Taylor Ditch Enlargement water
right has been made absolute for irrigation; or in the alternative, that Applicants have been
reasonably diligent in developing this portion of the Taylor Ditch Enlargement water right for the
above-described purpose, and continuing such portion, as conditional, in full force and effect in
accordance with the original decree; and enter a decree confirming that the Well-Pond No. 1
water right has been made absolute in its full decreed amount for fire protection, evaporation,
recreation, piscatorial, wildlife watering, and stockwatering; or in the alternative, that Applicants
have been reasonably diligent in developing this portion of the Well-Pond No. 1 water right, and
continuing such portion, as conditional, in full force and effect in accordance with the original
decree; and enter a decree finding that the activities outlined in this Application are sufficient to
support a finding of reasonable diligence on the remaining conditional portions of the water
rights for the Taylor Ditch Enlargement; and that Applicants have been reasonably diligent in
developing such conditional portion of the Taylor Ditch Enlargement water right, and continuing
such conditional portion of the water right in full force and effect in accordance with the original
decree; and grant such other relief as the Court deems just and proper.
15CW3030 ROUTT COUNTY (08CW41). Application For Finding Of Reasonable Diligence.
Concerning the application for water rights of john w. Soileau. District court, water Division no.
6, State of Colorado, 1955 Shield Drive, PO Box 773117, Steamboat Springs, CO 80477. 1.
Name and address of Applicant: John Soileau, 3229 Highway 17 N., Greencove Springs, FL
30243. Direct all pleadings to: Glenn E. Porzak, William D. Wombacher, Porzak Browning &
Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Name of Structure: Dennis and Blewitt
Ditch, 3rd Enlargement. 3. Description of Conditional Water Right. A. Original Decree: Dennis
and Blewitt Ditch, 3rd Enlargement was originally decreed by the District Court in and for Water
Division No. 6, State of Colorado (the “Water Court”) on January 31, 1995 in Case No.
95CW02. A subsequent finding of reasonable diligence occurred in Case No. 08CW41. B. Legal
description of the point of diversion: The point of diversion is located in the NE1/4 NW1/4 of
Section 16, T. 6 N., R. 86 W. of the 6th P.M. at a point 200 feet from the North section line and
1700 feet from the West section line of said Section 16. A map showing the approximate
location of the point of diversion is attached hereto as Exhibit A. C. Source: Yampa River. D.
Date of Appropriation: January 9, 1995. E. Amount: 2.0 cfs, conditional. F. Use: Irrigation of 60
acres in the NW1/4 of Section 16 and the NE1/4 of Section 17; T. 6 N., R. 86 W. of the 6th P.M .
4. Detailed outline of work done to complete the project and apply water to beneficial use:
During this diligence period, the Applicant has undertaken the following specific activities that
demonstrate diligence with regard to the subject conditional right: A. The Applicant
implemented a riverbank stabilization and channel directional control project to protect the
headgate and ditch bank at a cost of approximately $500,000. This work was necessary to ensure
the continued viability of diversions into the Dennis and Blewitt Ditch and a necessary
precondition to diverting the subject water right. B. The Applicant imported and placed a number
of large boulders to improve the diversion dam to the headgate for the subject water right at a
cost of approximately $50,000. C. The Applicant spent approximately $6,000.00 on ditch
cleaning of the main ditch and laterals to allow for continued irrigation and to maintain the
capacity of these structures so that they are capable of conveying the subject water right. The
above activities are necessary prerequisites to applying the subject water right to beneficial use
for irrigation, demonstrate the Applicant’s diligence to fully develop and place the right to
beneficial use, and entitle the Applicant to a continuation of the Dennis and Blewitt Ditch, 3rd
Enlargement. 6. Names and Addresses of Owners of Land upon which Structures are or will be
Located, upon which Water is or will be Stored, or upon which Water is or will be Placed to
Beneficial Use: Applicant. (5 pages)
You are hereby notified that you will have until the last day of SEPTEMBER, 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/ Kristen Lande
Deputy Court Clerk