DIVISION 5 WATER COURT- JULY 2018 RESUME

Transcription

1 DIVISION 5 WATER COURT- JULY 2018 RESUME 1. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF JULY CW11 (CA 1277) SUMMIT COUNTY. CATARACT CREEK, A TRIBUTARY OF THE BLUE RIVER, TRIBUTARY TO THE COLORADO RIVER. Knorr Lakeside Ranch, LLC c/o Helen Keim; 5234 C.R. 30; Silverthorne, CO (970) and Karen Foster; 4377 Espirit Dr., Ft. Collins, CO (970) Application for Simple Change in Point of Diversion- Cataract Creek No. 2 Ditch to Westlake Ditch. Cataract Creek No. 2 Ditch-UTM: E N Z13 SW¼SW¼ of Sec. 19, T.2S, R.79W. of the 6 th P.M. 701 ft. from the south sec. line and 613 ft. from west sec. line. Amount: 2.0 c.f.s., absolute. Westlake Ditch E N Z13 SW¼SW¼ of Sec. 19, T.2S, R.79W. of the 6 th P.M. 397 ft. from the south sec. line and 627 ft. from the west sec. line. Amount: c.f.s., absolute. Appropriation and use for both structures: June 1, 1889, irrigation. Applicant requests a simple change in point of diversion pursuant to C.R.S (3.5) to change the decreed point of diversion for the water rights associated with Cataract Creek No. 2 Ditch to the Westlake Ditch point of diversion. The lands to be irrigated, through the use of a lateral off of the Westlake Ditch, are the same lands historically irrigated under Cataract Creek No. 2 Ditch and include pasture/meadows below the Knorr house, the barnyard and corrals. There are no intervening water rights situated on Cataract Creek between the points of diversion for the Cataract Creek No. 2 Ditch and the Westlake Ditch. Applicant proposes to install a measurement flume in the proposed lateral. An outline of the history of the water rights decreed to the Westlake Ditch is included in the application. No change is proposed to the existing water rights decreed for Westlake Ditch. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3097 PITKIN COUNTY, COLORADO, Application for a Simple Change in Surface Point of Diversion Pursuant to C.R.S (3.5) or, in the Alternative, for a Correction for an Established but Erroneously Described Point of Diversion Pursuant to C.R.S (3.6). Applicant: Crystal River County Estates Water Company, c/o Kelcey C. Nichols, Wood Nichols, LLC, 201 Main St. Suite 301, Carbondale, CO 81623, (970) and Peter D. Nichols, Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302, , pdn@bhgrlaw.com. Name of structure: Johnson Ditch. Type: Ditch/Spring. Date of Original Decree: October 24, Case No.: 4033, District Court, Garfield County, Colorado. Legal description: The headgate is located on the Northerly bank of Johnson Gulch, at a point whence the quarter corner between Sections 9 and 10, Township 9 South, Range 88 West, 6 th P.M., bears N E 3795 feet. Decreed source of water: Johnson Gulch, a tributary of the Crystal River. Appropriation date: June 12, Total amount decreed to structure: 3.3 c.f.s. absolute. Decreed uses: Irrigation, domestic and other beneficial uses. Amount of water decreed: 3.3 c.f.s. absolute. Location of the new or corrected surface point of diversion: A point in the SE1/4 NE1/4 of Section 16, Township 9 South, Range 88 West of the 6 th P.M., at a point 1,535 feet from the north section line and 465 feet from the east section line of said Section 16 (UTM X = , UTM Y = ). Land Ownership: U.S. Forest Service. The Application contains a detailed description of the proposed change in point of diversion. The change in diversion point will not cause an enlargement of the historical use associated with the Johnson Ditch water right. Applicant seeks a decree changing the point of diversion. 3. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3098 GARFIELD COUNTY. Application for Finding of Reasonable Diligence. Applicant: Timothy G. Smith and Shannon L. Lochnikar-Smith, 1225 County Road 226, Rifle, Colorado Attorney for Applicant: John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) Prior Decree: Case No. 2011CW189, July 8, Name of Structure: Whiskey Gulch Spring. Source: an unnamed tributary to Dry Rifle Creek, tributary to East Rifle

2 PAGE 2 Creek, tributary to Rifle Creek, tributary to the Colorado River. Location: NE¼SE¼ of Section 3, Township 5 South, Range 92 West of the 6th P.M., 2,652 feet from the South section line and 1,385 feet from the East section line. Uses: irrigation (3 acres direct irrigation and 6 acres supplemental irrigation), stock watering, wildlife use consistent with a pond and piscatorial purposes, all conditional. Appropriation Date: September 15, Quantity:.200 c.f.s. Applicant requests a finding of reasonable diligence for the conditional rights decreed to the Whiskey Gulch Spring. The application contains a detailed description of the work performed during the diligence period. 4. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3099 (12CW14, 04CW171) McCullough Gulch Reserve Lot Owners Association, c/o Angela Abeler, 9249 South Broadway Boulevard, Suite , Highlands Ranch, CO 80129, Phone Number: , angela@autumncreek.com. Attorneys: Peggy E. Montaño and Michael A. Kopp of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: , pmontano@troutlaw.com and mkopp@troutlaw.com. CONCERNING THE APPLICATION FOR WATER RIGHTS OF McCULLOUGH RESERVE LOT OWNERS ASSOCIATION, IN THE BLUE RIVER OR ITS TRIBUTARIES, IN SUMMIT, COUNTY, COLORADO. 1. Name, Address, Telephone Number, and of Applicant: See above. 2. Names, Locations and Description of Conditional Water Rights: A. McCullough Gulch Reserve Well No. 5. i. Original Decree: Case No. 04CW171, Water Division No. 5 (February 22, 2006). ii. Diligence Decree(s): Case No. 12CW14, Water Division No. 5 (July 8, 2012). iii. Legal description: McCullough Gulch Reserve Well No. 5 has not been completed. As decreed in Case No. 04CW171, the legal description of the lot on which this well will be installed and used is depicted in Exhibit A attached to the Application and described as follows: A tract of land located primarily in the NW1/4 SW1/4 of unsurveyed Section 30, T7S, R77W, Sixth P.M. in the Town of Blue River, Summit County, Colorado, being a portion of the Dot Placer, USMS No , said tract being more particularly described as follows: Beginning at a point on the 4-1 line of said Dot Placer, whence corner 1 bears N E feet distant; thence S E a distance of feet to a point on the Westerly right-of-way line of Colorado State Highway 9; thence S W along said right-of-way line a distance of feet; thence continuing along said Westerly right-of-way line feet along the arc of a curve to the right, having a central angle of and a radius of feet; thence N W a distance of feet to a point on said 4-1 line of the Dot Placer; thence N E along said 4-1 line a distance of feet the point of beginning, containing acres, more or less. This location can also be described as: Lot 5, McCullough Gulch Reserve, according to the Plat filed June 28, 2005 under Reception No , County of Summit, State of Colorado. iv. Source: Groundwater tributary to the Blue River, tributary to the Colorado River. v. Appropriation date. December 18, vi. Amount: 15 gpm instantaneous production, 0.33 acre-feet per year total production, and 0.04 acre-feet per year consumptive use (conditional). ii. Use: In-house domestic purposes only. Domestic wastewater shall be processed in on-site septic/leach field systems. viii. Depth: McCullough Gulch Reserve Well No. 5 has not been completed. B. McCullough Gulch Reserve Well No. 6. i. Original Decree: Case No. 04CW171, Water Division No. 5 (February 22, 2006). ii. Diligence Decree(s): Case No. 12CW14, Water Division No. 5 (July 8, 2012). iii. Legal description: McCullough Gulch Reserve Well No. 6 has not been completed. As decreed in Case No. 04CW171, the legal description of the lot on which this well will be installed and used is depicted in Exhibit B attached to the Application and described as follows: A tract of land being a portion of the Dot Placer and a portion of the 97 Placer, both USMS 13358, located primarily in the NW1/4 SW1/4 of unsurveyed Section 30, T7S, R77W, Sixth P.M., in the Town of Blue River, Summit County, Colorado, said tract being more particularly described as follows: Beginning at Corner No. 1 of said Dot and 97 Placers, thence N E along the 1-4 line of said 97 Placer a distance of feet; thence S E a distance of feet to a point on the Westerly right-of-way line of Colorado State Highway 9; thence S W along said Westerly right-of-way line a distance of feet; thence N W a distance of feet to a point on the 4-1 line of said Dot Placer; thence N E along said 4-1 line a distance of feet to the point of beginning, containing 9.81 acres, more or less. This location can also be described as: Lot 6, McCullough Gulch Reserve, according to the Plat filed June 28, 2005 under Reception No , County of Summit, State of Colorado. iv. Source: Groundwater tributary to the Blue River, tributary to the Colorado River. v. Appropriation date. December 18, vi. Amount: 15 gpm instantaneous production, 0.33 acre-feet per year total production, and 0.04 acre-feet per year consumptive use (conditional). vii. Use: In-house domestic purposes only. Domestic wastewater shall be processed in on-site septic/leach field systems. viii. Depth: McCullough Gulch Reserve Well No. 6 has not been completed. C. McCullough Gulch Reserve Well No. 7. i. Original Decree: Case No. 04CW171, Water Division No. 5 (February 22, 2006). ii. Diligence Decree(s): Case No. 12CW14, Water Division No. 5 (July 8, 2012). iii. Legal description: McCullough Gulch

3 PAGE 3 Reserve Well No. 7 has not been completed. As decreed in Case No. 04CW171, the legal description of the lot on which this well will be installed and used is depicted in Exhibit C attached to the Application and described as follows: A tract of land being a portion of the 97 Placer, USMS located primarily in NW1/4 SW1/4 of unsurveyed Section 30, T7S, R77W, Sixth P.M., in the Town of Blue River, Summit County, Colorado, said tract being more particularly described as follows: Beginning at a point on the 1-4 line of said 97 Placer, whence corner 1 of said Placer bears S W feet distant; thence N E along said 1-4 line a distance of feet to the Southwest corner of Lot 9 of the 97 South Subdivision a platted subdivision in said Town of Blue River; thence S E a distance of feet to the SE corner of said Lot 9; thence N W a distance of feet to the NE corner of said Lot 9, also being a point on the right-of-way line of Aspen Meadow Circle a platted right-of-way; thence feet along said right-of-way line and along the arc of a curve to the left, having a central angle of , a radius of feet and a chord which bears N E feet distant; thence N E continuing along said right-of-way line a distance of 1.46 feet to the SW corner of Lot 8, said 97 South Subdivision; thence S E along the South line extended of said Lot 8, 97 South Subdivision a distance of feet to a point on the Westerly right-of-way line of Colorado State Highway 9; thence Southerly along said right-of-way line feet along the arc of a curve to the right, having a central angle of , a radius of feet and a chord which bears S W feet distance; thence S W continuing along said right-of-way line a distance of feet; thence N W a distance of feet to the point of beginning, containing 8.83 acres, more or less. This location can also be described as: Lot 7, McCullough Gulch Reserve, according to the Plat filed June 28, 2005 under Reception No , County of Summit, State of Colorado. iv. Source: Groundwater tributary to the Blue River, tributary to the Colorado River. v. Appropriation date. December 18, vi. Amount: 15 gpm instantaneous production, 0.33 acre-feet per year total production, and 0.04 acre-feet per year consumptive use (conditional) vii. Use: In-house domestic purposes only. Domestic wastewater shall be processed in on-site septic/leach field systems. viii. Depth: McCullough Gulch Reserve Well No. 7 has not been completed. 3. Detailed Description of Work Performed to Complete the Appropriation and Application of Water to a Beneficial Use: A. The water rights that are the subject of this Application serve three lots in a seven-lot subdivision in Summit County, Colorado. During the diligence period, Lots 5 and 7 were sold by McCullough Gulch Reserve, L.L.C. to their current owners. B. Also during the diligence period, the owners of lots in the subdivision formed a Lot Owners Association ( LOA ), organized pursuant to Colorado law. The owners of Lots 5, 6 and 7 then transferred ownership of the subject water rights to the LOA to centralize administration and maintenance of the rights. C. During the diligence period, the owners of Lot 5 began constructing a residence on Lot 5. They also obtained a permit, Permit No F, to construct Well No. 5. They have expended approximately $600,000 to date on construction of the Lot 5 residence. Construction of the Lot 5 residence and Well No. 5 is expected to be complete by November D. During the diligence period, the lot owners and LOA as their successor in interest have expended approximately $11,971 to maintain water leases with the Vidler Water Company to provide augmentation water for the wells in this Application. E. During the diligence period, the LOA expended approximately $6,320 in legal fees to transfer ownership of the water rights and obtain advice on compliance with administrating and reporting requirements for the water rights. 4. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion structure or storage structure, or modification to an 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: Lot 5: Peter J. Stein and Pauline L. Stein, 200 Hollywood Drive, Coppell, Texas 75019; Lot 6: McCullough Gulch Reserve L.L.C., 50 Marland Road, Colorado Springs, Colorado 80906, Lot 7: Stephen Wayne Grant, Jr., 747 Arlington Street, Houston, Texas WHEREFORE, McCullough Gulch Reserve Lot Owners Association respectfully requests that the Court enter a finding of reasonable diligence with respect to the conditional water rights referenced herein, and order that such rights continue in full force and effect for an additional six-year diligence period or until such time as a determination is made that such water rights have been made absolute. Applicant does not intend to abandon any of the water rights decreed in Case Nos. 04CW171 and 12CW14 and requests in this Application a finding of diligence for all water rights decreed in Case Nos. 04CW171 and 12CW14. (7 pages) 5. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3100 GRAND COUNTY-COLORADO RIVER OR ITS TRIBUTARIES. Name and address of applicant: Craig Dethmers and Jennifer Dethmers, 2515 S. Josephine Street, Denver, CO 80210, , c/o Kent H. Whitmer of The Whitmer Law Firm, LLC, PO Box 38, Hot Sulphur Springs, CO 80451, APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR AUGMENTATION PLAN INCLUDING EXCHANGE AND FINDING OF REASONABLE DILIGENCE FOR

4 PAGE 4 UNDERGROUND WATER RIGHT. Name of Structure: Dethmers Well Nos. 1 and 2. Location: Dethmers Well No. 1: SE1/4SE1/4 Section 22, Township 3 North, Range 76 West, 6 th P.M. Distance from Section Lines: 330 feet from South Section line and 990 feet from East Section line. Dethmers Well No. 2: SE1/4SE1/4 Section 22, Township 3 North, Range 76 West, 6 th P.M. Distance from Section lines: 166 feet from South Section line and 853 feet from East Section line. Source: Groundwater tributary to Soda Creek, tributary to Granby Reservoir, tributary to Colorado River. Date of Appropriation: January 12, Amount: 15 gallons per minute, conditional, each well, annual diversion limited to.784 acre foot. Use: In-house use only limited to 2 single family residences. Type of Structure: Wells. Decree: July 22, 2012, 11CW52. PLAN FOR AUGMENTATION INCLUDING EXCHANGES: Name and location of structures to be augmented: Dethmers Well Nos. 1 and 2. Depth: Dethmers Well No. 1: 235 feet, No. 2: Unknown. Amount of water claimed: 15 gpm each well. Use: In-house. Water rights which will be used as a source of exchange water: The Middle Park Water Conservancy District has approved a Water Allotment Contract to provide Applicant the right to an annual entitlement of 0.2 af of water from the Windy Gap Project, Granby Reservoir, decreed CA 1768 and 85 CW135. Applicants may also use a portion of Wolford Mountain Reservoir storage right adjudicated in Case No. 87CW283. Additional Information: The application contains detailed information regarding the augmentation plan including exchange involving Granby Reservoir and Wolford Mountain Reservoir. Date of appropriation for exchange: January 12, (27 pages) 6. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3101 SUMMIT COUNTY. TEN MILE CREEK, TRIBUTARY OF BLUE RIVER. Application for Finding of Reasonable Diligence and to Make Absolute, in Part. Applicant: Powdr - Copper Mountain LLC, c/o Scott Grosscup, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; Structure: Tenmile Creek Pipeline, First Enl. Info. from previous decrees: Orig. Decree: Case No. 98CW308, 7/26/1999 Dist. Court, Water Div. 5, Colorado. Subsequent decree awarding diligence: Case No. 05CW132, 12/29/2005, Case No. 11CW179, 7/8/2012, Dist. Court, Water Division No. 5. Legal Desc: The pipeline is located in the NE1/4, NW1/4, Sec. 32, T. 6 S., R. 78 W., 6 th P.M., at a pt. whence the NW corner of said Sec. 32 bears N. 87 0' W. a dist. of 2,220 ft. That pt. also can be described as located in the NE1/4, NW1/4, Sec. 32, T. 6 S., R. 78 W., 6 th P.M. at a pt. 2,196.3 ft. from the W. Sec. Line and ft. from the N. Sec. Line. Source: Ten Mile Creek, trib. of Blue River. Date of Approp.: 9/30/1998. Amt:6.1 cfs, cond. A total of 7.5 cfs; 1.4 cfs is absolute, as decreed in Case No. 98CW308. Use: Snowmaking. A complete list of diligence activities and expenditures is on file with this court. Claim to Make Absolute in Part. Applicant requests to make an additional 1.18 cfs absolute as follows: Date water applied to beneficial use: 10/15/2013. Amt: 1.18 c.f.s. Use: Snowmaking. Place of Use: Copper Mountain. Summary diversion records maintained by Applicant are attached as Exhibit B to app. Applicant provides monthly accounting to the Division Engineer. Name of owner of the land upon which structures are located and where water has been applied to beneficial use: Tenmile Creek Pipeline: United States of America, White River National Forest, Water Rights Department, 900 Grand Ave., Glenwood Springs, Colorado pgs. 7. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3102 (12CW2) (05CW98) (98CW82) (90CW277). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE TOWN OF BRECKENRIDGE, IN THE BLUE RIVER AND ITS TRIBUTARIES IN SUMMIT COUNTY, COLORADO.APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, and telephone number of Applicant: Town of Breckenridge (the Town ), c/o Town Manager, PO Box 168, Breckenridge, CO 80424, (970) , Direct all

5 PAGE 5 pleadings to: Glenn E. Porzak (#2793), Cassidy L. Woodard (#48824), Porzak Browning & Bushong LLP, th Street, Boulder CO Name of Structure: Barton Creek Diversion. 3. Description of conditional water right: (a) Original Decree: May 5, 1992, Case No. 90CW277, by the District Court in and for Water Division No. 5, State of Colorado (the Water Court ), (b) Prior Diligence Decrees: Previous decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. 98CW82 on June 8, 1999, 05CW98 on January 30, 2006, and 12CW2 on July 22, (c) Decreed Location: The Barton Creek Diversion is located in the NE¼ SW¼ of Section 26, Township 6 South, Range 78 West of the 6th P.M., Summit County, Colorado, at a point in the South Barton Creek alluvium whence the SE corner of Section 35, Township 6 South, Range 78 West bears South 21 East 8,250 feet. This point is 2,360 feet from the South section line and 2,150 feet from the West section line of said Section 26, as shown on Exhibit A hereto. Without changing the decreed location, the UTM Coordinates are UTM Coordinates NAD 83, Zone 13, Northing: , Easting: See Exhibit A. (d) Source: South Barton Creek, tributary to the Blue River, tributary to the Colorado River. (e) Appropriation date: July 10, (f) Amount: 0.85 cfs (380 gpm), conditional. (g) Uses: Domestic, storage, municipal, and commercial uses, including the irrigation of approximately 2 acres of lawn and garden. 4. Detailed outline of work done to complete the project and apply water to beneficial use: The Town provides water service to customers in the upper Blue River Valley. The subject water right is necessary to meet the Town s demands for domestic, irrigation, recreation and other municipal uses within its service area, as that area continues to expand. The Town s needs for water, including the subject water right, is especially critical during the winter ski season when peak demands necessitate providing water for the tourists, day skiers, second homeowners and the workers who commute into the Town. As determined by the Water Court in Case No. 05CW98 and confirmed in Case No. 12CW2, the subject water right is part of the Town s integrated water supply system. Therefore, work completed on any part of the Town s water supply system shall be considered evidence of diligence toward the perfection of the subject water right. Evidence of the Town s diligence activities during the diligence period includes, but is not limited to, the following: A. The Barton Creek Diversion point is located near the Town s Peak 7 Water Treatment Plant. Since January 2013, the Town has spent approximately $230,000 to maintain the Peak 7 Water Treatment Plant in operating condition to ensure it is available in case of emergency. The expenses incurred thus far include utilities, building maintenance, and preventative maintenances. B. In 2017, the Town engaged a structural engineer to conduct a repair design for the Barton Creek Diversion s concrete intake structure. Repairs will be performed in Fall of C. Since January 2013, the Town has spent approximately $7.4 million on the development and construction of a second water treatment plant. In April 2018, the Town commenced the construction of its new North Water Treatment Plant, which is essential to the Town s ability to provide enough water for future growth at full build-out. The expenses incurred thus far include costs for designing, engineering, surveying, environmental testing, permitting, excavating, and constructing this treatment plant, together with associated legal fees. The Town also adjudicated a water right and plan for augmentation for this treatment plant detailed in Paragraph 4(f) below. The North Water Treatment Plant is expected to become fully operational in D. Since January 2013, the Town spent approximately $1.6 million on improvements and construction on Goose Pasture Tarn, which is the Town s primary source of storage water. Expenses incurred include costs for engineering, construction, consulting, and pest remediation. E. The Town spent approximately $23,000 on its Water Distribution Model to determine the use of water in connection with the Town s current and future growth. F. The Town applied for and received decrees for a number of water rights, including a finding of diligence and storage of 2,500 acre-feet of water from the Goose Pasture Reservoir 1 st Enlargement in McCain Reservoir (Case Nos. 13CW45 and 13CW47 decreed on September 11, 2014); a conditional water right, a change of water right, and approval of a plan for augmentation and exchange for the Breckenridge Pipeline and the Breckenridge Pipeline Enlargement, which cost approximately $222,000 in adjudicating the case (Case No. 13CW3094 decreed on June 9, 2015); a diligence finding for the Blue River Well No. 3, First Enlargement (Case No. 15CW3048 decreed on January 24, 2016); an alternate point of diversion for the Swan River Water System on Gold Run Gulch to irrigate the Town s golf course (Case No. 15CW3121 decreed on June 5, 2016); a diligence finding and making of conditional water absolute for the Miners Creek Ditch (Case No. 17CW3000 decreed on June 18, 2017); a diligence finding for its Breckenridge Pipeline, Swan River Water System, and Swan River Reservoir Nos. 1, 2, and 4 (Case No. 17CW3180 decreed on May 26, 2018); and a pending application to make conditional rights absolute for the Town s Whitewater Park (Case No. 18CW3077). G. The Town has regularly monitored the filings of other water users. It has filed statements of opposition to and has incurred legal and engineering costs in connection with, numerous cases to protect its water rights. All of the foregoing work and expenditures are necessary prerequisites to applying the subject conditional water right to the beneficial use for which it is decreed. 5. Ownership: The Barton Creek Diversion structure is located in the White River National Forest on land owned by the United States of America, whose address as provided by Summit County records is c/o District Ranger, PO Box 620, Silverthorne, CO The local address for the USDA Forest Service White River National Forest provided by the Forest Service is Dillon Ranger District, 680 Blue River Parkway, Silverthorne, CO WHEREFORE, the Town seeks a finding that it has exercised reasonable diligence with respect to the Barton Creek Diversion identified in paragraphs 2-3 above, and such other and further relief as this Court deems just and proper. (5 pages)

6 PAGE 6 8. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3103 (14CW3047, 09CW97, 97CW305), DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109-8th Street, Suite 104, Glenwood Springs, CO IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF VIDLER WATER COMPANY, INC. IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. 1. Name, address and telephone number of applicant: Vidler Water Company, Inc. ( Vidler ), 3480 GS Richards Blvd., Suite 101, Carson City, NV 89703, (775) Direct all pleadings to: Glenn E. Porzak, Kevin J. Kinnear, Porzak Browning & Bushong LLP, th Street, Boulder, Colorado 80302, (303) Name of structures: A series of groundwater wells or infiltration galleries that divert groundwater tributary to the Blue River and its tributaries, as follows: (A) Upper Blue River Wells: (i) Blue River from its headwaters in the vicinity of Lat '30" North, Long '30" West downstream to the confluence with Dillon Reservoir in the SE/4 of Section 31, T. 5 S., R. 77 W., 6th P.M. (ii) Spruce Creek from the headwaters at a natural lake at Lat '53" North, Long '53" West downstream to the confluence with the Blue River at Lat '32" North, Long '13" West. (iii) Monte Cristo Creek from its headwaters in the vicinity of Lat '00" North, Long '00" West downstream to its confluence with the Blue River at Lat '13" North, Long '08" West. (B) Swan River Wells: (i) South Fork Swan River from its headwaters in the vicinity of Lat '35" North, Long '51" West downstream to the confluence with the Middle Fork Swan River at Lat '48" North, Long '42" West. (ii) Middle Fork Swan River from the headwaters in the NW/4 NW/4 of Section 23, T. 6 S., R. 76 W., 6th P.M. downstream to the confluence with the North Fork Swan River at Lat '46" North, Long '48" West. (iii) North Fork Swan River from the headwaters in the vicinity of Lat '00" North, Long '32" West downstream to the confluence with the Middle Fork Swan River at Lat '46" North, Long '48" West. (iv) Swan River from the confluence with Middle and North Forks Swan River at Lat '46" North, Long '48" West downstream to the confluence with the Blue River at Lat '17" North, Long '15" West. (C) Lower Blue River Wells: from the outlet of Dillon Reservoir in the SE/4 NE/4 of Section 13, T. 5 S., R. 78 W., 6th P.M. to the inlet of Green Mountain Reservoir in the SE/4 NW/4 of Section 34, T. 2 S., R. 79 W., 6th P.M. 3. Description of conditional exchange: (A) Decree: Judgment and Decree, Case No. 97CW305 entered on August 18, 2003, by the District Court in and for Water Division No. 5 ( Water Court ). Findings of reasonable diligence and to make absolute portions of the subject exchange were made in Case No. 09CW97 and 14CW3047 (B) Source: Groundwater and surface water tributary to the Blue River and its tributaries. (C) Priority Date. October 25, (D) Amount: A total of consumptive acre-feet per year, at a rate of exchange of up to 1.0 cfs (449 gpm), conditional. (E) Exchange reaches: (i) Upper termini: the headwaters of the Blue and Swan Rivers and their tributaries, as described in paragraph 2 above are the upper termini of the conditional exchange. The portion of the exchange being made absolute has the following upper termini: a. Swan River: a point on the Swan River adjacent to a well permitted as no , located in the SW¼ SE¼ of SEction 24, T 6 S, R 77 W of the 6 th P.M. a distance of 500 from the south section line and 2,400 from the east section line. b. Upper Blue River: a point on the upper Blue River adjacent to a well permitted as no , located in the NW¼ NE¼ of Section 12, T 8 S, R 78 W of the 6 th P.M. a distance of 1,200 from the north section line and 1,790 from the east section line. (ii) Downstream termini: the original headgate locations of the Valaer Ditch and the Columbus Ditch, as follows: a. Valaer Ditch headgate: a point in the SW¼ NE¼ NE¼ of Section 13, T 5 S, R 78 W of the 6 th P.M., at a point located by UTM coordinates as northing (UTM y) and easting (UTM x) pursuant to the Division Engineer s published structure summary report. b. Columbus Ditch headgate: a point in the SW¼ NW¼ SW¼ of Section 8, T 4 S, R 78 W of the 6 th P.M., at a point located by UTM coordinates as northing (UTM y) and easting (UTM x) pursuant to the Division Engineer s published structure summary report. A map indicating the area covered by the subject plan for augmentation and exchange, and throughout which the subject wells are located, is attached hereto as Exhibit A. (F) Uses: Domestic, commercial and irrigation. 4. Water Rights Made Absolute. By the present application, Vidler seeks confirmation that it has made a total of consumptive acre-feet at a rate of cfs 2.88 gpm) of the subject exchange absolute by virtue of the fact that well meters were installed and operated or confirmed by Affidavit of LeAnn Brandt, attached hereto as Exhibit B, for 46 wells and placed to beneficial use. Only 37 of those wells are located above Dillon Reservoir and part of the claimed exchange. The list of 37 wells by permit, including the exchange reach in which each is located and the amount of exchange associated with each well and each exchange reach, is attached as Exhibit C. The wells located below Dillon Reservoir, which are associated with an additional consumptive acre-feet that are augmented directly and not by exchange as attached as Exhibit D. The dates on which portions of the subject exchange were made absolute include the date of filing the application in Case No. 09CW97 through the date of the inclusion of the most recent wells permitted no F (Swan River) on 10/19/2017 and no F (upper Blue River) on 9/6/2017. There have been no calls on the upper Blue River and/or Swan River during this diligence period to prevent the operation of the subject plan for augmentation and exchange, and/or the operation of the exchange is permitted pursuant to the Summit County Agreement. 5. Detailed outline of work done to complete project and apply water to beneficial use: During the requisite diligence period, Vidler has undertaken the following specific activities that demonstrate diligence with regard to the subject conditional exchange: (A) During

7 PAGE 7 the subject diligence period, Vidler engaged in marketing and sales activities, including without limitation producing and distributing marketing materials, traveling to Summit County, Colorado to confirm meter readings and or verify residences, selling the amounts of water indicated on the attached Exhibit B. (B) Vidler personnel have processed applications from well owners for participation in the subject plan for augmentation and exchange, consisting of 180 hours of time spent on such applications at a total cost of more than $20, (C) Vidler has spent money on postage and express delivery costs associated with managing the subject plan for augmentation and exchange in the amount of $4, (D) Vidler has spent in excess of $58, in legal, engineering, and miscellaneous project fees and expenses associated with the subject plan for augmentation and exchange, including participating as an opposer in water court cases to protect the subject water rights. 6. Comments: By virtue of the Water Court decree in Case No. 09CW97, a total of consumptive acre-feet at a rate of cfs of the conditional exchange was made absolute in Reaches 5 through 8, and the remainder was continued in full force and effect as a conditional exchange. By virtue of the Water Court decree in Case No. 14CW3047, and additional consumptive acre-feet at a rate of cfs (3.55 gpm) of the subject exchange was made absolute. As a result, a total amount of consumptive acre-feet at a cumulative rate of cfs has previously been made absolute. 7. Owners of land: The United States of America, Department of Agriculture, U.S. Forest Service, 680 Blue River Parkway, Silverthorne, CO is the owner of the land constituting the upper termini of the conditional exchange in the headwaters of the Blue River and the Swan River, and is the owner of the land upon which the Columbus Ditch headgate is located. Denver Water, 1600 W. 12th Ave., Denver, CO is the owner of the land upon which the Valaer Ditch headgate is located. WHEREFORE, Vidler requests entry of a decree determining that the water rights described in paragraph 4 above have been made absolute, and that Vidler has demonstrated reasonable diligence with respect to the remainder of the subject condition exchange that is not made absolute in this case. In the event that the Court determines that the water rights described in paragraph 4 have not been made absolute, Vidler requests a finding of reasonable diligence be entered for the entirety of the remaining conditional water rights. (6 Pages + Exhibits A through D) 9. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3104 GARFIELD COUNTY, ROARING FORK RIVER. Application for Finding of Reasonable Diligence. Pinyon Peaks Homeowners Association c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, LLP, 932 Cooper Ave, Glenwood Springs, Structure: CLDC Well No. 6. Original decree entered 10/15/80 in 79CW96; subsequent decrees entered in 84CW259, 88CW282, 94CW363, 01CW290 and 11CW169. Location: The decreed location of this well is in the SW¼NE¼, Sec 14, T 7 S, R 88 W 6 th PM at a point whence the NW corner of said Sec 14 bears N W 3, ft. This point may also be described as being in the SW¼NE¼, Sec 14, T 7 S, R 88 W 6 th PM at a point 1,450 ft from N sec line and 2,120 ft from E sec line of said Sec 14. Source: Underground water trib to Cattle Creek, trib to Roaring Fork River. Appropriation date: 04/20/79. Amount: cfs, conditional. Uses: Domestic, irrigation, piscatorial, fish and wildlife propagation. Depth: Approx 350 ft. The Application on file with the court includes a list of activities demonstrating diligence. Owners of land: Mark & Nadia Vonderhaar, 100 Cains Lane, Carbondale, CO (4 pages) 10. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3105 GARFIELD COUNTY. GROUNDWATER TRIB. TO CRYSTAL SPRINGS CREEK, TRIB. TO THE ROARING FORK RIVER, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Wooden Deer Homeowners Association, c/o Balcomb & Green, P.C., Christopher Geiger and Erika Gibson, P.O. Drawer 790, Glenwood Springs, CO 81602; Structures: Wooden Deer Wells No. 2 through 6: Decree Information: Original Decree: Case No. 91CW189, Dist. Court, Water Division No. 5, 10/18/1992. Subsequent Decrees Awarding Diligence: Case Nos. 11CW168, 98CW182 and

8 PAGE 8 05CW065, Dist. Court, Water Division No. 5. Legal Descriptions: A map depicting the locations of the Subject Water Rights is attached as Exhibit A. Wooden Deer Well No. 2: SW1/4, SW1/4, Sec. 24, T. 7 S., R. 88 W., 6th P.M., at a pt. 770 ft. from the S. line and 4,750 ft. from the E. line of said Sec. 24. Wooden Deer Well No. 3: SW1/4, SW1/4, Sec. 24, T. 7 S., R. 88 W., 6th P.M., at a pt. 380 ft. from the S. line and 4,200 ft. from the E. line of Sec. 24. Wooden Deer Well No. 4: SW1/4, SW1/4, Sec. 24, T. 7 S., R. 88 W., 6th P.M., at a pt. 100 ft. from the S. line and 4,800 ft. from the E. line of Sec. 24. Wooden Deer Well No. 5: NW1/4, NW1/4, Sec. 25, T. 7 S., R. 88 W., 6th P.M., at a pt. 4,810 ft. from the S. line and 4,600 ft. from the E. line of Sec. 25. Wooden Deer Well No. 6: NW1/4, NW1/4, Sec. 25, T. 7 S., R. 88 W., 6th P.M., at a pt. 5,050 ft. from the S. line and 4,050 ft. from the E. line of Sec. 25. Source: Groundwater trib. to Crystal Springs Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Approp. Date: 9/19/1991, for each well. Amt: 50 g.p.m., cond., for each well. The combined max. pumping rates of the Wooden Deer Wells No. 1 through 6 does not exceed 100 g.p.m. The combined average annual amt. of ground water to be appropriated from Wooden Deer Wells No. 1 through 6 shall not exceed AF (See 98CW182 paragraph 5(F).) Uses: Dom. and irr. As clarified in Case No. 05CW65, the Subject Water Rights are limited to fire prot., ordinary household purposes inside 22 single-family dwellings and attached caretaker units, and irr. of not more than 44,000 sq. ft. of lawns and gardens located in the SW1/4 SW1/4, Sec. 24, and NW1/4, Sec. 25, in T. 7 S., R. 88 W., 6th P.M (the Property ). Depth: 350 ft. for each well. Remarks: Wooden Deer Well No. 1 was decreed absolute in Case No. 98CW182 for 50 g.p.m. and operates under Division of Water Resources Well Permit No F. Applicant operates the Subject Water Rights and Wooden Deer Well No. 1 pursuant to the plan for aug. decreed in Case No. 91CW189. Applicant intends to subdivide the Property into twenty-two (22) parcels. Each parcel will have a single-family residence with an attached caretaker unit. Name of owner of the land on which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed, including any modification to the existing storage pool: Applicant. Integrated System: In Case No. 98CW182, the Court found the Subject Water Rights are components of an integrated water supply to service Applicant's Property. C.R.S (4)(b). A complete list of diligence activities and expenditures is on file with this court. (5 pages 5; 1 exhibit.) 11. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3106 (11CW186, 02CW235) EAGLE COUNTY RED CREEK, GYPSUM CREEK, TRIBUTARY TO EAGLE AND COLORADO RIVERS. The Town of Gypsum, c/o Kevin L. Patrick, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Eye Lake-LEDE Reservoir Exchange. Second Claim: Wolcott-LEDE Reservoir Exchange. Third Claim: Eye Lake Supply Ditch- LEDE Reservoir Exchange. Information applicable to all claims: Date of original decree: December 14, 2005, Case No. 02CW235, District Court, Water Division 5. Legal: Upper Terminus for All Claims: LEDE Reservoir. The center of the dam is located 128 feet south of the north line, and 2,110 feet east of the west line of Section 9, Township 7 South, Range 84 West, 6th P.M. The inlet of the LEDE reservoir is located 1,530 feet south of the north line, and 2,475 feet east of the west line of Section 9, Township 7 South, Range 84 West, 6th P.M. Note: These legal descriptions for unsurveyed Section 9 are based on section lines projected from the monumented Southwest Corner of Section 1 Range 84 West Township 7 South of the 6th P.M. Lower Terminus for Claims 1 and 3: Confluence of Red Creek and Gypsum Creek, located 2,580 feet south of the north section line and 4,113 feet east of the west section line, Section 32, Township 6 South, Range 84 West, 6th P.M. Lower Terminus for Claim 2: Confluence of Gypsum Creek and Eagle River located 1,354 feet south of the north section line, and 1,119 feet east of the west section line, Section 5, Township 5 South, Range 85 West, 6 th P.M. Place of use: Town of Gypsum s water service area. As may be changed over time pursuant to Town s annexation and service policies. Source for Claims 1 and 2: Gypsum Creek, tributary to Eagle and Colorado Rivers. Source for Claim 3: Gypsum Creek and its tributaries, tributary to the Eagle and Colorado Rivers. Appropriation date: September 4, Amount: 20.0 c.f.s., conditional, volumetric limit of 600 acre-feet. Use: Exchange of water into LEDE Reservoir for municipal, industrial, commercial, domestic, piscatorial, recreational, augmentation and exchange. Remarks: The decree in Case No. 02CW235 confirms Gypsum s right to divert and store its Eye Lake and Wolcott Reservoir water rights at the LEDE Reservoir as an alternate place of storage, and to divert its Eye Lake Supply Ditch water right at a point on an unnamed tributary to an unnamed tributary within the Gypsum Creek drainage which delivers water into LEDE Reservoir. The decree requires that the diversions at the alternate places of storage are to be administered as appropriative rights of exchange. The First through Third Claims are components of an integrated water supply project decreed in Case No. 02CW235. The land upon which the Eye Lake Supply Ditch, Eye Lake, and L.E.D.E. Reservoir are located is owned by the United States Forest Service, 900 Grand Ave. Glenwood Springs, CO Applicant holds a Special Use Permit issued by the U.S. Forest Service. Map of water

9 PAGE 9 rights is on file with the court as Exhibit A. A detailed outline of work done toward completion of appropriation of the conditional water rights is on file with the court as Exhibit B. 12. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3107 (05CW287) GRAND COUNTY ELK CREEK, TRIBUTARY TO FRASER & COLORADO RIVERS. Cornerstone Winter Park Holdings, LLC, c/o Kevin L. Patrick, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: CWP-FM Reservoir Original decree: July 8, 2012, Case No. 05CW287, District Court, Water Division 5. Legal: NW¼ NW¼ of Section 29, Township 1 S., Range 75 W. of the 6 th P.M., approximately 1,050 feet from the North section line and 170 feet from the West section line. Source: Elk Creek, tributary to Fraser & Colorado Rivers, via deliveries from CWP-FM Pump and Pipeline. Appropriation date: July 27, Amount: 25.0 acre-feet conditional with right to fill and refill; fill rate of 1.0 c.f.s. Use: Irrigation, piscatorial, aesthetic, recreation, augmentation. Surface area: 2.0 acres; Max dam height: under 10 ft; Dam length: 550 ft; capacity: 25.0 acre-feet (all active). Second Claim: CWP-FM Pump and Pipeline. Original decree: July 8, 2012, Case No. 05CW287, District Court, Water Division 5. Legal: NW¼ NW¼ of Section 29, Township 1 S., Range 75 W. of the 6 th P.M., approximately 1,185 feet from the North section line and 35 feet from the West section line. Source: Elk Creek, tributary to Fraser & Colorado Rivers, via deliveries from CWP-FM Pump and Pipeline. Appropriation date: July 27, Amount: 1.0 c.f.s. conditional. Use: Fill and refill CWP-FM Reservoir. Applicant owns the land where the structures are located and where water is or will be put to beneficial use. Maps of water rights are on file with the court as Exhibit A and B. A detailed outline of work done toward completion of appropriation of the conditional water rights is on file with the court as Exhibit C. 13. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3108 GARFIELD COUNTY, COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Absolute. Silt Water Conservancy District, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, Silt Pump Canal, First Enlargement: Original decree entered on 11/05/92 in 92CW14; subsequent decrees entered in 98CW212, 01CW47, 05CW155 & 12CW13. Location: The intake or headgate of said canal is located in Garfield County, Colorado, at a point on the northerly bank of the Colorado River, whence the section corner common to Sections 2, 3, 10 and 11, T 6 S, R 92 W of the 6 th PM bears N W 7,455 ft. The alternate point of diversion approved in 01CW47 is located at a point which bears S E, 2, ft from N ¼ corner of Sec 12, T 6 S, R 92 W of the 6 th PM. The line from the N ¼ corner to the NE corner of said Sec 12 is considered to bear N E and is the bearing basis of this structure location in Garfield County, Colorado. Source: Colorado River. Appropriation date: 02/13/92. Amount: 10 cfs, conditional. Uses: Industrial, irrigation, municipal & domestic. Date water applied to beneficial use: 05/14/16. Amount: 0.11 cfs (50 gpm). Use: Municipal. Owners of land: United States Bureau of Reclamation, 2764 Compass Drive, Suite 106, Grand Junction, CO 81506; Brent Peterson and Sandra Hannigan, P.O. Box 965, New Castle, CO (5 pages)

10 PAGE PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3109 (11CW44, 03CW313, 95CW264) PITKIN COUNTY SALVATION & WACO DITCHES, TRIBUTARY TO ROARING FORK & WOODY CREEK. AVR AH, LLC, c/o Kevin L. Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND/OR TO MAKE ABSOLUTE. First Claim: AVR Pond No. 11. Original decree: Case No. 95CW264, District Court, Water Division 5. Legal descriptions per 15CW3052: Homestead 5 Water Feature: SW ¼, SW ¼, Section 4, Township 9 S, Range 85 W, 6 th P.M., 830 ft. from South Section line, 474 ft. from West section line. Homestead 7 Pond System: SW ¼, SW ¼, Section 4, Township 9 S, Range 85 W, 6 th P.M., 1,100 ft. from South Section line, 703 ft. from West section line. Homestead 9 Water Feature: SW ¼, NW ¼, Section 4, Township 9 S, Range 85 W, 6 th P.M., 2,753 ft. from North Section line, 290 ft. from West section line. Source: Applicant s ownership in Salvation Ditch and Waco Ditch as described in the Application. Appropriation date: August 17, Amount: 2.0 acrefeet conditional. Use: Operational storage for irrigation, aesthetic, recreation, fire protection. Absolute claim: Date applied to beneficial use: July 10, Amount: 1.79 acre-feet for all uses. Place of use: Homesteads 5, 7 and 9, Aspen Valley Ranch. Second Claim: AVR Pond No. 12. Original decree: Case No. 95CW264, District Court, Water Division 5. Legal descriptions per 15CW3052: Homestead 5 Water Feature, Homestead 7 Pond System, Homestead 9 Water Feature (as described in First Claim), and AVR Lower Irrigation Control Structure: NW ¼, NE ¼, Section 8, Township 9 S, Range 8 W, 6 th P.M., 195 ft. from North section line, 1,874 ft. from East section line. Source: Applicant s ownership in Salvation Ditch and Waco Ditch as described in the Application. Appropriation date: August 17, Amount: 2.0 acre-feet conditional. Use: Operational storage for irrigation, aesthetic, recreation, fire protection. Absolute claim: Date applied to beneficial use: July 10, Amount: acre-feet for all uses. Place of use: Homesteads 5, 7 and 9, Aspen Valley Ranch. Third Claim: AVR Pond No. 13. Original decree: Case No. 95CW264, District Court, Water Division 5. Legal descriptions per 15CW3052: AVR Lower Irrigation Control Structure (as described in Second Claim). Source: Applicant s ownership in Salvation Ditch and Waco Ditch as described in the Application. Appropriation date: August 17, Amount: 0.30 acre-feet conditional. Use: Operational storage for irrigation, aesthetic, recreation, fire protection. Absolute claim: Date applied to beneficial use: October 24, Amount: 0.30 acre-feet for all uses. Place of use: Aspen Valley Ranch. Fourth Claim: AVR Pond No. 14. Original decree: Case No. 95CW264, District Court, Water Division 5. Legal descriptions per 15CW3052: AVR Lower Irrigation Control Structure (as described in Second Claim). Source: Applicant s ownership in Salvation Ditch and Waco Ditch as described in the Application. Appropriation date: August 17, Amount: 1.0 acre-feet conditional. Use: Operational storage for irrigation, aesthetic, recreation, fire protection. Absolute claim: Date applied to beneficial use: October 24, Amount: 1.0 acre-feet for all uses. Place of use: Aspen Valley Ranch. Remarks: Water rights are component parts of an integrated water supply plan decreed in Case Nos. 95CW264, 15CW3052, and 15CW3053. Applicant owns the land where the structures are located and where water is or will be put to beneficial use. Maps of water rights are on file with the court as Exhibit A,, C and F. Map of place of use is on file with the court as Exhibit D. A detailed outline of work done toward completion of appropriation of the conditional water rights is on file with the court as Exhibit E. 15. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3110 PITKIN COUNTY BRUSH CREEK, TRIBUTARY TO ROARING FORK. Molly Matheson Brooks c/o Kevin L. Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621, (970) APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT. First Claim: MMB Enlargement of Brush Creek Ditch. Legal: The point of diversion for the Brush Creek Ditch is located in the NE ¼ of the NW ¼ of Section 21, Township 9 South, Range 85 West of the 6 th P.M. at a point approximately 445 feet from the north section line and 2665 feet from the west section line of section 21. Supplemental: median of Highway 82, at a point approximately 108 feet north of the intersection of Highway 82 and Smith Way/Juniper Hill Road and 38 feet west of the northbound lane of Highway 82. Source: Brush Creek, tributary to Roaring Fork. Appropriation date: May 28, 2018, by field monumentation, site inspection and formulation of intent to appropriate and beneficially use water claimed. Amount: 0.2 c.f.s. conditional. Use: Irrigation of 1.0 acre and power generation. Headgate of Brush Creek Ditch is located on land