DIVISION 5 WATER COURT- OCTOBER 2013 RESUME 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3060 (06CW240) PITKIN COUNTY. CASTLE CREEK, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Applicant: Arden House Trust dated October 7, 2010, 703 N. Arden Drive, Beverly Hills, CA 90210, c/o Garfield & Hecht, P.C., 420 7th Street, Suite 100, Glenwood Springs, CO 81601, phone (970) 947-1936. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Berlin Pond. Decree Information: Original decree was entered on November 6, 2000 in Case No. 99CW238, District Court, Water Division No. 5. Subsequent decree finding reasonable diligence and making the Berlin Pond absolute in part was entered on October 8, 2007 in Case No. 06CW240. Legal Description: The Berlin Pond is situated in the NE¼ NE¼ of Section 23, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County at a point 50 feet south of the north section line and 975 feet west of the east section line of said Section 23. See map attached as Exhibit A. Source: Seeps and springs collected for the Berlin Pond, adjacent to Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Date of appropriation: June 22, 1999. Amount: 2.0 acre-feet, of which 0.63 acre-foot is conditional. In Case No. 06CW240, the Court determined that 1.37 acre-feet had been made absolute and continued the remaining 0.63 acre-foot as conditional. Uses: The Berlin Pond was decreed 2.0 acre-feet absolute for irrigation, aesthetic, and piscatorial uses in Case No. 89CW313. In Case No. 99CW238, the court decreed additional rights to the Berlin Pond for uses including domestic and irrigation uses by augmentation and exchange, recreation, and fire protection. The Application contains a detailed outline of what has been done toward or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. As decreed in Case No. 06CW240, the Berlin Pond water rights are a component part of an integrated water supply system to serve Applicant’s home and property. Name and address of owner of the land upon which the subject water right is located and on which water is/will be used: Applicant. Wherefore, the Applicant respectfully requests this Court to enter a decree finding and concluding that the Applicant has shown reasonable diligence in the development of the remaining conditional portion of the Berlin Pond water right and continuing such conditional water right for another diligence period. (5 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2013 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3070 PITKIN COUNTY. ROARING FORK RIVER. LW Development, Inc., c/o Patrick, Miller, Kropf & Noto, P.C., Paul L. Noto, Esq. and Danielle L. Van Arsdale, Esq., 197 Prospector Drive, Suite 2104A, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: For Finding of Reasonable Diligence. Name of structure: Quinn’s Corner Pond. Description of conditional water right: Original decree: Case No. 05CW293, Division 5 Water Court, October 2, 2007. Diligence decree: N/A. Legal description of centerline of reservoir dam: In the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the 6th P.M., at a point approximately 1,056 feet from the south section line and 137 feet from the west section line. Ditch used to fill off-channel reservoir: Name and capacity: K.N.C.B. Moore Ditch Extension, decreed in Case No. 05CW291, Division 5 Water Court, with a capacity of 1.0 c.f.s. Legal description of point of diversion: On the south bank of an unnamed gulch at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8°08’ West 1304.32 feet (Pitkin County). The PLSS description is in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the 6th P.M. at a point approximately 1,270 feet from the south section line and 201 feet from the west section line. Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Appropriation date: October 13, 2005. Amount: 0.05 acre-feet, conditional, with the right to fill and refill whenever water is physically and legally available. Rate of filling off-channel reservoir: 1.0 c.f.s., conditional. Uses: Aesthetic, recreational, and piscatorial purposes. The refill right is for purposes of replacing water storage lost to evaporation and seepage. Surface area of high water line: 0.02 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir 0.05 acre-feet (all dead storage). Detailed outline of work toward completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures was included with the Application. The name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. Second Claim: For Finding of Reasonable Diligence. Name of structure: Lizzy Pea’s Pond. Description of conditional water right: Original decree: Case No. 05CW293, Division 5 Water Court, October 2, 2007. Diligence decree: N/A. Legal description of centerline of reservoir dam: In the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the 6th P.M., at a point approximately 1,055 feet from the south section line and 70 feet from the west section line. Ditch used to fill off-channel reservoir: Name and capacity: K.N.C.B. Moore Ditch Extension, decreed in Case No. 05CW291, Division 5 Water Court, with a capacity of 1.0 c.f.s. Legal description of point of diversion: On the south bank of an unnamed gulch at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8°08’ West 1304.32 feet (Pitkin County). The PLSS description is in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the 6th P.M. at a point approximately 1,270 feet from the south section line and 201 feet from the west section line. Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Appropriation date: October 13, 2005. Amount: 0.09 acre-feet, conditional, with the right to fill and refill whenever water is physically and legally available. Rate of filling offchannel reservoir: 1.0 c.f.s., conditional. Uses: Aesthetic, recreational, and piscatorial purposes. The refill right is for purposes of replacing water storage lost to evaporation and seepage. Surface area of high water line: 0.034 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir 0.09 acre-feet (all dead storage). Detailed outline of work toward completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures was included with the Application. The name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. Third Claim: For Finding of Reasonable Diligence. Name of structure: K Bear’s Point Pond. Description of conditional water right: Original decree: Case No. 05CW293, Division 5 Water Court, October 2, 2007. Diligence decree: N/A. Legal description of centerline of reservoir dam: In the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the 6th P.M., at a point approximately 948 feet from the south section line and 100 feet from the west section line. Ditch used to fill off-channel reservoir: Name and capacity: K.N.C.B. Moore Ditch Extension, decreed in Case No. 05CW291, Division 5 Water Court, with a capacity of 1.0 c.f.s. Legal description of point of diversion: On the south bank of an unnamed gulch at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8°08’ West 1304.32 feet (Pitkin County). The PLSS description is in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the 6th P.M. at a point approximately 1,270 feet from the south section line and 201 feet from the west section line. Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Appropriation date: October 13, 2005. Amount: 0.32 acre-feet, conditional, with the right to fill and refill whenever water is physically and legally available. Rate of filling off-channel reservoir: 1.0 c.f.s., conditional. Uses: Aesthetic, recreational, and piscatorial purposes. The refill right is for purposes of replacing water storage lost to evaporation and seepage. Surface area of high water line: 0.096 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir 0.32 acre-feet (all dead storage). Detailed outline of work toward completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures was included with the Application. The name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. (20 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2013 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3072 GARFIELD COUNTY. GROUNDWATER TRIB. TO AN UNNAMED TRIB. OF ROARING FORK RIVER. Applicant: Eagle SPE Multi I, Inc., c/o Sara M. Dunn, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. App. For Finding of Reasonable Diligence. Info. from previous decree: Case No. 05CW301, Division 5 Water Court, entered October 31, 2007. Hunt Ranch Well No. 3: Location: NE ¼SE¼ Sec. 20, T. 7 S., R. 87 W., of the 6th P.M. at a point 1,471 ft. from S. Sec. line and 1,094 ft. from E. sec. line. Depth: 205 ft. Approp. Date: 10/13/05. Amt: 50 gpm, cond. the combined cumulative maximum pumping rate between Hunt Ranch Well Nos. 3-6 shall not exceed 100 gpm. Use: dom., fire protection, and irrig. of 1.1 acres within the Hunt Ranch property, in conjunction with Hunt Ranch Well Nos. 4, 5, and 6. Hunt Ranch Well No. 4: Location: SE ¼NE ¼ Sec. 20, T. 7 S., R. 87 W., of the 6th P.M. at a point 2,735 ft. from S. Sec. line, 35 ft. from E. Sec. line. Depth: 235 ft. Approp. Date: 10/13/05. Amt: 50 gpm, cond. Use: dom., fire protection, and irrig. of 1.1 acres within Hunt Ranch property. Hunt Ranch Well No. 5: Location: NE ¼NW ¼ Sec. 21, T. 7 S., R. 87 W., of the 6th P.M., at a point 1,135 ft. from N. sec. line and 1,754 ft. from W. sec. line. Depth: approx. 250 ft. Approp. Date: 10/13/05. Amt.: 50 gpm, cond. Use: dom., fire protection, and irrig. of 1.1 acres within the Hunt Ranch property. Hunt Ranch Well No. 6: Location: NW ¼NW ¼ Sec. 21, T. 7 S., R. 87 W., of the 6th P.M., at a point 920 ft. from N. sec. line and 1,190 ft. from W. sec. line. Depth: Approx. 250 ft. Approp. Date: 10/13/05. Amt.: 50 gpm, cond. Use: dom., fire protection, and irrig. of 1.1 acres within the Hunt Ranch property. Applicant and its predecessor-in-interest have diligently pursued development of the subject cond. water rights. Examples of work done to establish diligence are on file with this court. 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 pool: Applicant. (6 pgs. & Exhibit and Map) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2013 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3073 PITKIN COUNTY, PRINCE CREEK, CASTLE CREEK, ROARING FORK RIVER. Attn: Arthur B. Ferguson, Jr., #6041, Meghan N. Winokur, #35973 Address: Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO 81611 Phone Number: (970) 925-3476 Fax: 970-925-9367 E-mail: aferguson@hollandhart.com, mwinokur@hollandhart.com. Application for Finding of Reasonable Diligence1. Name, address, and telephone number of Applicant: DKD “2004” Trust 1644 Prince Creek Road Carbondale, CO 81623 Telephone: (970) 963-1391 Fax: (970) 963-1394 Email: marknies@sopris.net Please direct all pleadings to Applicant’s counsel, Holland & Hart llp, at the addresses identified above. 2. Previous Decree. The conditional water rights that are the subject of this Application were originally decreed in Case No. 02CW23
40
A S P E N T I M E S W E E K L Y V Nove mb e r 28, 2013
(Water Div. 5), decree dated October 7, 2007 (“02CW23 Decree”). Such water rights are referred to herein as the “subject water rights”. The locations of the subject water rights are set forth below and shown on the map attached hereto and incorporated herein as Figure 1. UNDERGROUND WATER RIGHTS 1. 3. Names of Structures: Tybar Lot No. 1 Well through Tybar Lot No. 11 Well (“Tybar Lot Wells”). 4. Information from Previous Decree. a. Well Locations. i. Tybar Lot No. 1 Well, Section 14, T. 8 S., R. 88 W. of the 6th P.M., 1440 feet from the North section line, 2740 feet from the East section line ii. Tybar Lot No. 2 Well, Section 14, T. 8 S., R. 88 W. of the 6th P.M., 1010 feet from the North section line, 1220 feet from the East section line iii. Tybar Lot No. 3 Well, Section 14, T. 8 S., R. 88 W. of the 6th P.M., 1030 feet from the North section line, 2750 feet from the East section line. iv. Tybar Lot No. 4 Well, Section 14, T. 8 S., R. 88 W. of the 6th P.M., 400 feet from the North section line, 2780 feet from the West section line. v. Tybar Lot No. 5 Well, Section 14, T. 8 S., R. 88 W. of the 6th P.M., 1750 feet from the North section line, 2350 feet from the East section line. vi. Tybar Lot No. 6 Well, Section 14, T. 8 S., R. 88 W. of the 6th P.M., 3100 feet from the North section line, 100 feet from the East section line. vii. Tybar Lot No. 7 Well, Section 13, T. 8 S., R. 88 W. of the 6th P.M., 2250 feet from the North section line, 1600 feet from the West section line. viii. Tybar Lot No. 8 Well, Section 13, T. 8 S., R. 88 W. of the 6th P.M., 2250 feet from the North section line, 2200 feet from the West section line. ix. Tybar Lot No. 9 Well, Section 13, T. 8 S., R. 88 W. of the 6th P.M., 1750 feet from the North section line, 1350 feet from the West section line. x. Tybar Lot No. 10 Well, Section 13, T. 8 S., R. 88 W. of the 6th P.M., 1250 feet from the North section line, 1050 feet from the West section line. xi. Tybar Lot No. 11 Well, Section 13, T. 8 S., R. 88 W. of the 6th P.M., 1050 feet from the North section line, 300 feet from the West section line. b. Source. Water tributary to Prince Creek, tributary to the Crystal River, tributary to the Colorado River. c. Appropriation Date. November 30, 1999. d. Amount. 15 gpm, conditional, for each of the Tybar Lot Wells. e. Decreed Uses: Domestic, fire protection, limited irrigation, and livestock watering. The lands to be irrigated will be irrigated with a separate raw water system; however, since it is anticipated that there will be outdoor hose bibs for incidental uses, it has been calculated that these will be the equivalent of 0.23 acres of irrigation total for all of the Tybar Lot Wells collectively based on use that would be no more than the equivalent of 500 square feet of irrigated area for each of the eleven (11) residential units located in the Tybar Ranch Subdivision/P.U.D. (“PUD”) located in Sections 13 and 14, T. 8 S., R. 88 W. of the 6th P.M. The non-irrigation uses are for all uses and purposes described above as are necessary and attendant to the water needs of single family residences and associated barns. SURFACE WATER RIGHT 5. Name of Structure: Tybar Ranch Ditch and Pipeline Enlargement. 6. Information from Previous Decree. a. Location. In the NE ¼ SE ¼ of Section 14, T. 8 S., R. 88 W. of the 6th P.M., at a point whence the E. ¼ corner of Section 14 bears N. 2º30’ E. 705 feet. b. Source. Prince Creek, tributary to the Crystal River, tributary to the Colorado River. c. Appropriation Date. November 3, 1999. d. Amount. 3.0 cfs, conditional. e. Decreed Uses. Storage for augmentation purposes. f. Remarks. The Tybar Ranch Ditch and Pipeline water right was originally adjudicated in Case No. 85CW120, Water Division No. 5, wherein Applicant was awarded 3.0 c.f.s. conditional, 0.2 cfs of which was decreed for irrigation on four acres of the Applicant’s land and livestock watering, and 2.8 cfs of which was decreed to supply water to the Dallas Pond, Worth Pond, Texoma Pond and Tybar Pond as originally decreed in such case with the right to refill in priority. The original appropriation date of such water right was November 2, 1984, with the water being applied to beneficial use on August 1, 1986. Such right was made absolute in Case No. 89CW171, Water Division No. 5. SURFACE WATER RIGHT 7. Name of Structure: Bull Pasture Diversion No. 1. 8. Information from Previous Decree. a. Location. In the NW1/4SW1/4 of Section 13, T. 8 S., R. 88 W. of the 6th P.M., at a point 1230 feet from West line, 1,630 feet from South line; UTM NAD 27 312590, 4358417. b. Source. Unnamed tributary to Prince Creek, tributary to the Crystal River, tributary to the Colorado River. c. Appropriation Date. August 18, 2005. d. Amount. 0.1 cfs, conditional. e. Decreed Uses. Fire protection, irrigation, and livestock watering. The proposed land to be irrigated is located in the Prince Creek drainage within Sections 13 and 14, T. 8 S, R. 88 W. of the 6th P.M. SURFACE WATER RIGHT 9. Name of Structure: Bull Pasture Diversion No. 2. 10. Information from Previous Decree. a. Location. In the NE1/4SE1/4 of Section 14, T. 8 S., R. 88 W. of the 6th P.M., at a point 140 feet from East line, 2,050 feet from South line; UTM NAD 27 312175, 4358558. b. Source. Unnamed tributary of Prince Creek, tributary to the Crystal River, tributary to the Colorado River. c. Appropriation Date. August 18, 2005. d. Amount. 0.1 cfs, conditional. e. Decreed Uses. Fire protection, irrigation, and livestock watering. The proposed land to be irrigated is located in the Prince Creek drainage within Sections 13 and 14, T. 8 S, R. 88 W. of the 6th P.M. SURFACE WATER RIGHT 11. Name of Structure: Bull Pasture Pond Fill Ditch. 12. Information from Previous Decree. a. Location. In the NE1/4SW1/4 of Section 13, Township 8 South, Range 88 West of the 6th P.M., at a point approximately 1625 feet from the West section line and 1550 feet from the South section line. b. Source. Prince Creek, tributary to the Crystal River, tributary to the Colorado River. c. Appropriation Date. August 18, 2005. d. Amount. 1.0 cfs, conditional. e. Decreed Uses. Pond filling in the Bull Pasture Pond for subsequent use for fire protection, irrigation and livestock watering. STORAGE WATER RIGHT 13. Name of Structure: Dallas Pond. 14. Information from Previous Decree. b. Location. In the NE ¼ SE ¼ of Section 14, T. 8 S., R. 88 W. of the 6th P.M., at a point whence the E. ¼ corner of Section 14 bears N. 39º55’ E. 570 feet. The Tybar Ranch Ditch and Pipeline Enlargement as described herein is to be used to fill the Dallas Pond. c. Source. Prince Creek, tributary to the Crystal River, tributary to the Colorado River. d. Appropriation Date. November 3, 1999. e. Amount. 1.0 acre-feet, conditional. The rate of fill is 3.0 cfs, conditional. f. Decreed Uses. Augmentation purposes to support those well uses described above, pursuant to the terms and conditions of the plan for augmentation approved in the Case No. 02CW23 Decree. g. The surface area of high water line is 0.75 acres. The maximum height of the dam in feet is less than 10 feet. The length of the dam is 400 feet. The total capacity of the Dallas Pond is 5 acre feet with an active capacity of 5 acre feet and dead storage of 0 acre feet. h. Remarks. The Dallas Pond water right was originally adjudicated in Case No. 85CW120, Water Division No. 5, wherein Applicant was awarded 1.0 a.f. conditional for irrigation, livestock watering and fish and wildlife propagation purposes with the right to refill in priority. The original appropriation date of such water right was November 2, 1984, with the water being applied to beneficial use on August 1, 1986. Such right was made absolute in Case No. 89CW171, Water Division No. 5. STORAGE WATER RIGHT 15. Name of Structure: Worth Pond. a. Information from Previous Decree. b. Location. In the NW ¼ SE ¼ of Section 14, T. 8 S., R. 88 W. of the 6th P.M., at a point whence the E. ¼ corner of said Section 14 bears N. 65° 25’ E. 660 feet. The Tybar Ranch Ditch and Pipeline Enlargement as described herein is to be used to fill the Pond. c. Source. Prince Creek, tributary to the Crystal River, tributary to the Colorado River. d. Appropriation Date. November 3, 1999. e. Amount. 1.5 acre-feet, conditional. The rate of fill is 3.0 cfs, conditional. f. Decreed Uses. Augmentation purposes to support those well uses described above, pursuant to the terms and conditions of the plan for augmentation approved in the 02CW23 Decree. g. The surface area of high water line is 0.75 acres. The maximum height of the dam in feet is less than 10 feet. The length of the dam is 400 feet. The total capacity of the Worth Pond is 5 acre feet with an active capacity of 5 acre feet and dead storage of 0 acre feet. h. Remarks. The Worth Pond water right was originally adjudicated in Case No. 85CW120, Water Division No. 5, wherein Applicant was awarded 1.5 a.f. conditional for irrigation, livestock watering and fish and wildlife propagation purposes with the right to refill in priority. The original appropriation date of such water right was November 2, 1984, with the water being applied to beneficial use on August 1, 1986. Such right was made absolute in Case No. 89CW171, Water Division No. 5. STORAGE WATER RIGHT 16. Name of Structure: Texoma Pond. a. Information from Previous Decree. b. Location. In the NE ¼ SE ¼ of Section 14, T. 8 S, R. 88 W. of the 6th P.M., at a point whence the E. ¼ corner of said Section 14 bears N. 74° 00’E 800 feet. The Tybar Ranch Ditch and Pipeline Enlargement as described herein is to be used to fill the Pond. c. Source. Prince Creek, tributary to the Crystal River, tributary to the Colorado River. d. Appropriation Date. November 3, 1999. e. Amount. 1.5 acre-feet, conditional. The rate of fill is 3.0 cfs, conditional. f. Decreed Uses. Augmentation purposes to support those well uses described above, pursuant to the terms and conditions of the plan for augmentation applied for herein. g. The surface area of high water line is 0.75 acres. The maximum height of the dam in feet is less than 10 feet. The length of the dam is 400 feet. The total capacity of the Texoma Pond is 5 acre feet with an active capacity of 5 acre feet and dead storage of 0 acre feet. h. Remarks. The Texoma Pond water right was originally adjudicated in Case No. 85CW120, Water Division No. 5, wherein Applicant was awarded 1.5 a.f. conditional for irrigation, livestock watering and fish and wildlife propagation purposes with the right to refill in priority. The original appropriation date of such water right was November 2, 1984, with the water being applied to beneficial use on August 1, 1986. Such right was made absolute in Case No. 89CW171, Water Division No. 5. STORAGE WATER RIGHT 17. Name of Structure: Tybar Pond. a. Information from Previous Decree. b. Location. In the NE ¼ SE ¼ of Section 14, T. 8 S., R. 88 W. of the 6th P.M., at a point whence the East Quarter Corner of said Section 14 bears N. 72°15’ E. 1030 feet. The Tybar Ranch Ditch and Pipeline Enlargement as described herein is to be used to fill the Pond. c. Source. Prince Creek, tributary to the Crystal River, tributary to the Colorado River. d. Appropriation Date. November 3, 1999. e. Amount. 1.5 acre-feet, conditional. The rate of fill is 3.0 cfs, conditional. f. Decreed Uses. Augmentation purposes to support those well uses described above, pursuant to the terms and conditions of the plan for augmentation approved in the 02CW23 Decree. g. The surface area of high water line is 0.75 acres. The maximum height of the dam is less than 10 feet. The length of the dam is 400 feet. The total capacity of the reservoir in acre feet is 5.0 acre feet with an active capacity of 5 acre feet and dead storage of 0 acre feet. h. Remarks. The Tybar Pond water right was originally adjudicated in Case No. 85CW120, Water Division No. 5, wherein Applicant was awarded 1.0 a.f. conditional for irrigation, livestock watering and fish and wildlife propagation purposes with the right to refill in priority. The original appropriation date of the water right was November 2, 1984, with the water being applied to beneficial use on August 1, 1986. Such right was made absolute in Case No. 93CW183, Water Division No. 5.STORAGE WATER RIGHT 18. Name of Structure: Bull Pasture Pond. a. Information from Previous Decree. b. Location. In the NW1/4SW1/4of Section 13, T. 8 S., R. 88 W. of the 6th P.M., at a point 1,310 feet from the West line, 1,630 Feet from the South line; UTM NAD 27 312615, 4358417. The Bull Pasture Pond Fill Ditch as described herein is to be used to fill the Pond. c. Source. Prince Creek, tributary to the Crystal River, tributary to the Colorado River. d. Appropriation Date. August 18, 2005. e. Amount. 3.0 acre-feet, conditional. The rate of fill is 1.0 cfs, conditional. f. Decreed Uses. Augmentation and livestock watering. g. The maximum height of dam is less than 10 feet. The length of dam is 140 feet. The total capacity of reservoir is 3.0 acre feet with active capacity of 3.0 acre feet and dead storage of 0 acre feet. PLAN FOR AUGMENTATION 19. Names of Approved Augmented Structures: The Tybar Lot Wells, Tybar Ranch Ditch and Pipeline Enlargement, Bull Pasture Diversion No. 1 and Bull Pasture Division No. 2. Such structures are described in detail above and in the 02CW23 Decree. 20. Names of Water Rights Approved for Augmentation: Dallas Pond, Worth Pond, Texoma Pond, Tybar Pond and Bull Pasture Pond. Such structures are described in detail above and in the 02CW23 Decree. 21. The approved plan for augmentation is described in the 02CW23 Decree. To the extent that a finding of reasonable diligence is required for the plan for augmentation, such a finding is requested in this Application. 22. EVIDENCE OF REASONABLE DILIGENCE 22. Evidence of Reasonable Diligence: During the most recent diligence period, Applicant has taken steps to diligently develop the subject water rights, including, without limitation, the activities described below. This list is not intended to be comprehensive and may be supplemented by additional evidence. The subject water rights were originally decreed to serve the property that was a portion of the Tybar Ranch and is now subdivided into 11 separate lots with common areas. The subject water rights serve as the basis for the domestic water supply for each of the Tybar Lots and the augmentation of the same under the plan for augmentation approved in the 02CW23 Decree. Portions of the subject water rights serve the common area and specific lots. The subject water rights make up the legal and physical source of supply of water for the PUD. Given the economic times since the entry of the 02CW23 Decree on October 7, 2007, the development and sales efforts associated with the PUD were slowed but not terminated or discontinued. The PUD remains in good standing and some basic infrastructure has been improved and maintained in connection with the PUD. In addition, Applicant performed the following diligence activities in connection with development of the subject water rights to serve the PUD: a. Applicant’s representatives conducted site visits to STGT confirm the decreed locations for each of the subject water rights and utilities. b. Applicant has secured a permit for and constructed Tybar Lot No. 4 Well. Applicant contracted with Shelton Drilling to perform pump tests on such well, which tests have been completed. c. Applicant constructed utility lines to serve Lot No. 6 and showed Lot No. 6 several times privately to potential buyers. d. Applicant is currently listing Lot Nos. 3 through 6 on the real estate market for sale. e. Applicant obtained approval of and recorded the final plat for the PUD. f. Applicant monitored new water rights applications and activities of other appropriators in order to protect its interest in the subject water rights. g. Applicant engaged the services of engineering consultants in connection with the above-described activities and associated water rights matters. h. Applicant engaged the services of attorneys to provide legal advice in connection with the above-described activities and associated water rights matters. i. 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 over $45,000.00. 23. The subject water rights are components of an integrated water supply system for the development. Given the interrelated and interdependent nature of the various components of Applicant’s integrated water system, of which the subject water rights are a part, work completed with respect to any one component of Applicant’s water system should appropriately be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant’s integrated water supply system. See C.R.S. § 37-92-301(4)(b). 24. Name and address of owner of the land upon which any new diversion of storage structure, or modification to any existing diversion or storage structure is or will be constructed upon which water is or will be stored, including any modification to the existing storage pool: Applicant. (13 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2013 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. Published in the Aspen Times Weekly November 28, 2013.