HomeMy WebLinkAbout04.28.05 Water supply planMOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
DAVID L. HARRISON
JAMES R. MONTGOMERY
TIMOTHY J. BEATON
VERONICA A.SPERLING
RICHARD J. MEHREN
GABRIEL D. CARTER
BRIAN A. KNUTSEN
Harold D. Simpson
State Engineer
Office of the State Engineer
Division of Water Resources
1313 Sherman Street, Room 818
Denver, CO 80203
LAW OFFICES
1002 WALNUT STREET, SUITE 300
BOULDER, COLORADO 803(12
TELEPHONE: (303) 443 -8782
FAX: (303)443 -8796
ADDRESS CORRESPONDENCE TO:
P. 0. BOX 1440
BOULDER, CO 80306 -1440
April 28, 2005
CHARLES N. W00DRLIFF
(1941 -1996)
COUNSEL
RAPHAEL J. MOSES
JOHN WITTEMYER
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Re: Request for Approval of a Substitute Water Supple Plan by EnCana Oil
& Gas (USA) Inc. Pursuant to C.R.S. Section 37 -92. 308(4)
Dear Mr. Simpson:
EnCana Oil & Gas (USA) Inc. ( "EnCana ") has filed an application for change of
water right in Case No. 05CW052, District Court, Water Division No. 5. A copy of the application
filed in Case No. 05CW052 is attached hereto as Exhibit A. No statements of opposition have yet
been filed to EnCana's application for change of water right filed in Case No. 05CW052. The
application requests a change of two surface water rights owned by EnCana for diversion at five
alternate points of diversion. Attached hereto as Exhibit B is an Affidavit of Ownership for the
subject water rights.
By this letter, EnCana is requesting approval of a substitute water supply plan
( "SWSP ") under C.R.S. § 37- 92- 308(4) to allow the diversion of two surface water rights at five
alternate points of diversion along the Colorado generally between Silt and De Beque for industrial
and other uses in connection with EnCana's oil and gas drilling operations in Garfield, Rio Blanco
and Mesa Counties. EnCana would like to begin diversions under this plan as soon as possible.
Enclosed is a check for $300.00 for the substitute water supply plan fee. I also enclose, as Exhibit
C, proof of written notice, pursuant to C.R.S. § 37- 92- 308(4)(a)(II), that this request has been
provided to all parties who have subscribed to the substitute supply plan notification list for Water
Division No. 5.
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Harold D. Simpson
April 28, 2005
Page 2
ENCANA'S NEED FOR THE SWSP
EnCana has oil and gas drilling operations in Garfield, Rio Blanco and Mesa
Counties within Colorado and has a need to use water for industrial and other uses in connection
with its oil and gas drilling operations. Approval of this SWSP would allow EnCana to put some
of its water rights to use for industrial and other uses in connection with its oil and gas drilling
operations. EnCana proposes to divert water available under the Grand Junction - Colorado River
Pipeline Colorado River Intake water right and the Pumping Pipeline of Union Oil Company of
California water right, as described below, at the Last Chance Ditch, Rulison, Parachute, Unabridge
and Debeque alternate points of diversion, as also described below, under the SWSP for industrial
and other uses in connection with its oil and gas drilling operations and according to the terms and
conditions set forth below.
SUMMARY OF WATER RIGHTS AND ALTERNATE POINTS OF DIVERSION.
THAT ARE THE SUBJECT OF THE SWSP
Description of Water Rights
1. Grand Junction - Colorado River Pipeline Colorado River Intake:
a. Decree entered: July 21, 1959, Civil Action No. 8303, Mesa County District Court.
b. Decreed point of diversion: The Grand Junction - Colorado River Pipeline water
right was originally decreed at a point whence the SE corner of Section 2, Township
11 South, Range 98 West of the 6th P.M. bears South 56° 15' West 7,051.80 feet in
Mesa County, Colorado. The decree entered in Case No. W -2915, District Court,
Water Division No. 5, changed the subject water right to the headgate of the J.T.
Pearce and W.A. Skelton Ditch at a point whence the North Quarter Corner of
Section 21, Township 6 South, Range 93 West of the 6th P.M. bears South 79° 05'
East 4,071.9 feet in Garfield County, Colorado, The decree entered May 5, 1983 in
Case No. 81CW360, District Court, Water Division No. 5, changed the subject 5.0
cfs water right to an alternate point of diversion at the decreed point of diversion for
the existing Colorado River Intake Facility for the Pumping Pipeline of Union Oil
Company of California, Iocated at a point whence the section corner common to
Sections 6 and 7, Township 7 South, Range 95 West of the 6th P.M., and Sections
1 and 12, Township 7 South, Range 96 West of the 6th P.M. bears South 89° 05'
West 3,364.65 feet in Garfield County, Colorado.
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Harold D. Simpson
April 28, 2005
Page 3
c. Source: Colorado River.
d. Appropriation date: February 17, 1947.
Amount: 5.0 cfs, conditional.
e. Historic use: Not applicable, because the water right is conditional. The decree
entered on July 19, 1999 in Case No. 99CW11, District Court, Water Division No.
5, continued this conditional water right in full force and effect until the end of July
2005.
f. Use: A decree entered May 5, 1983 in Case No. 81CW360, District Court, Water
Division No. 5, changed the use of this conditional water right to domestic,
municipal, industrial, and related uses, including storage.
2. Pumping Pipeline of Union Oil Company of California:
a. Decree entered: September 5, 1952, Civil Action No. 4004, Garfield County District
Court.
b. Decreed point of diversion: The originally decreed point of diversion of the
Pumping Pipeline of Union Oil Company of California ( "Pumping Pipeline ") is at
a point on the westerly or northwesterly bank of the Colorado River whence the
section corner common to Sections 6 and 7, Township 7 South, Range 95 West, of
the 6th P.M. and Sections 1 and 12, Township 7 South, Range 96 West, of the 61h
P.M. bears South 89 °05' West 3,364.65 feet in Garfield County, Colorado.
c. Source: Colorado River.
d. Appropriation date: February 14, 1949.
Amount: 7.0 cfs out of the 118.5 cfs, conditional water right originally decreed to
the Pumping Pipeline. The total amount of the Pumping Pipeline water rights owned
by EnCana is 108.5 cfs, consisting of 5.93 cfs absolute and 102.57 cfs conditional.
Only 7.0 cfs of the 102.57 cfs conditional water rights owned by EnCana are the
subject of this SWSP.
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Harold D. Simpson
April 28, 2005
Page 4
e. Historic use: Not applicable, since only the conditional water rights are being
changed in this application. The decree entered on May 20, 2003 in Case No.
01CW58, District Court, Water Division No. 5, continued this conditional water right
in full force and effect until the end of May 2009.
f. Use: Industrial, retorting, mining, refining, power, domestic and all other purposes
used in connection with the production of shale oil and its products, including
storage and irrigation for reclamation of retorted shale and other irrigation
reasonably required for oil shale products.
Description of Alternate Points of Diversion
I. Last Chance Ditch Alternate Point of Diversion:
a. The headgate of the Last Chance Ditch is located on the South bank of the Colorado
River in the SE' /4 SE' /a, Section 10, Township 6 South, Range 92 West of the 6th
P.M., 543 feet from the East section line and 1,315 feet from the South section line
of said Section 10.
b. Amount: 3.0 cfs.
c. Source: Colorado River.
2. Rulison Alternate Point of Diversion:
a. Located on the North bank of the Colorado River in the NE'/ SE' /a, Section 25,
Township 6 South, Range 95 West of the 66 P.M., 620 feet from the East section line
and 2,135 feet from the South section line of said Section 25.
b. Amount: 1.0 cfs.
c. Source: Colorado River.
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Harold D. Simpson
April 28, 2005
Page 5
3. Parachute Alternate Point of Diversion:
a. Located on the North bank of the Colorado River in the SW' /4 SE' /a, Section 6,
Township 7 South, Range 95 West of the 6th P.M., 1,500 feet from the East section
line and 652 feet from the South section line of said Section 6.
b. Amount: 1.0 cfs.
c. Source: Colorado River.
4. Unabridge Alternate Point of Diversion:
a. Located on the South bank of the Colorado River in the SW'/ NW' /a, Section 34,
Township 7 South, Range 96 West of the 6 "' P.M., 844 feet from the West section
line and 2,532 feet from the South section line of said Section 34.
b. Amount: 1.0 cfs.
c. Source: Colorado River.
5. Debeque Alternate Point of Diversion:
a. Located on the South bank of the Colorado River in the SW' /a SW' /a, Section 27,
Township 8 South, Range 97 West of the 6th P.M., 1,227 feet from the West section
line and 289 feet from the South section line of said Section 27,
b. Amount: 1.0 cfs.
c. Source: Colorado River.
TERMS AND CONDITIONS
1 Diversion of the subject water rights at the described alternate points of diversion shall not
exceed the amount of water available in priority to said water rights at their original points
of diversion and shall not exceed a combined diversion rate of 7.0 cfs.
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Harold D. Simpson
April 28, 2005
Page 6
2. Water available under the subject water rights will be diverted at the described alternate
points of diversion and will be delivered from the described alternate points via pipeline or
via pumping into a tank truck for delivery to the place of use.
3. EnCana will install, maintain and operate such measuring devices, turn out structures or
other facilities that may reasonably be required to administer this SWSP.
4. EnCana will not divert the subject water rights at any of the described alternate points of
diversion under the SWSP until it has obtained the required easement, right -of -way, consent
or other real property interest in such point of diversion.
SUMMARY OF USES
EnCana proposes to divert the subject water rights at the described alternate points
of diversion for all fully- consumptive industrial and other uses of EnCana in connect with its oil and
gas drilling operations. The subject water rights are decreed for fully - consumptive industrial and
other uses. With respect to the Pumping Pipeline of Union Oil Company of California water right,
prior decrees specifically acknowledge that the water right was appropriated for fully consumptive,
industrial purposes and that, therefore, no injury would result from storage of the water or other
diversion and use of the water for sully consumptive purposes. The same is true of the Grand
Junction - Colorado River Pipeline water right because it was also decreed for industrial and other
fully consumptive purposes.
ACCOUNTING
Daily account, showing the river call and measured diversions at the described
alternate points of diversion will be reported to the State on a monthly basis. A sample accounting
form is provided as Exhibit D.
The contact person for this SWSP is Mark Thrush, Facilities Engineer, EnCana Oil
& Gas (USA) Inc., 370 Seventeenth Street, Suite 1700, Denver, Colorado 80202, 303.623.2300.
Contingent upon your approval, EnCana would like to begin delivering water under
this SWSP as soon as possible. Please call me at 303.443.8782 if you have any questions. Thank
you for your consideration of this matter.
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Harold D. Simpson
April 28, 2005
Page 7
MOSES, WITTEMYER, HARRISON AND
WOODRUFF, P.C.
Richard J. M�ehren
RJMljab
Enclosure
cc: Mark 'Thrush
Diane Blieszner, Esq.
DISTRICT COURT, WATER DIVISION NO. 5,
COLORADO
109 Eighth Street, 4104
Glenwood Springs, Colorado 81601
Phone Number: 970.945.8109
A COURT USE ONLY A
IN THE MATTER OF THE APPLICATION FOR
WATER RIGHTS OF ENCANA OIL & GAS (USA)
INC.
IN THE COLORADO RIVER OR ITS TRIBUTARIES
IN GARFIELD COUNTY
Case Number: 05CW 2.
James R. Montgomery, #10989
Richard J. Mehren, #32231
Moses, Wittemyer, Harrison and Woodruff, P.C.
P. 0. Box 1440
Boulder, Colorado 80306 -1440
303.443.8782
APPLICATION FOR CHANGE OF WATER RIGHT j
1 Name, address, telephone number of applicant:
EnCana Oil & Gas (USA), Inc. ( "EnCana")
c/o Mark Thrush
370 17th Street, Suite 1700
Denver, Colorado 80202
303.623,2300
Direct pleadings to:
James R. Montgomery
Richard J. Mehren
Moses, Wittemyer, Harrison and Woodruff, P.C.
P. 0. Box 1440
Boulder, Colorado 80306 -1440
303.443.8782
EnCana Oil & Gas (USA), Inc.
Case No. O5CW
Page 2
2. Decreed names of structures for which change is sought:
a. Grand Junction- Colorado River Pipeline Colorado River Intake;
b. Pumping Pipeline of Union Oil Company of California.
3. From previous decrees:
a. Grand Junction - Colorado River Pipeline Colorado River Intake:
(1) Decree entered: July 21, 1959, Civil Action No. 8303, Mesa County
District Court.
(2) Decreed point of diversion: The Grand Junction - Colorado River Pipeline
water right was originally decreed at a point whence the SE corner of
Section 2, Township 11 South, Range 98 West of the 6th P.M. bears South
56° 15' West 7,051.80 feet in Mesa County, Colorado. The decree entered
in Case No. W -2915, District Court, Water Division No. 5, changed the
subject water right to the headgate of the J.T. Pearce and W.A. Skelton
Ditch at a point whence the North Quarter Corner of Section 21, Township
6 South, Range 93 West of the 6th P.M. bears South 79° 05' East 4,071.9
feet in Garfield County, Colorado. The decree entered May 5, 1983 in
Case No. 81CW360, District Court, Water Division No. 5, changed the
subject 5.0 cfs water right to an alternate point of diversion at the decreed
point of diversion for the existing Colorado River Intake Facility for the
Pumping Pipeline of Union Oil Company of California, located at a point
whence the section corner common to Sections 6 and 7, Township 7
South, Range 95 West of the 6th P.M., and Sections 1 and 12, Township 7
South, Range 96 West of the 6th P.M. bears South 89° 05' West 3,364.65
feet in Garfield County, Colorado.
(3) Source: Colorado River,
(4) Appropriation date: February 17, 1947.
Amount: 5.0 cfs, conditional.
(5) Historic use: Not applicable, because the water right is conditional. The
decree entered on July 19, 1999 in Case No. 99CW11, District Court,
EnCana Oil & Gas (USA), Inc.
Case No. 05CW_�
Page 3
Water Division No. 5, continued this conditional water right in full force
and effect until the end of July 2005.
(6) Use: A decree entered May 5, 1983 in Case No. 81CW360, District
Court, Water Division No. 5, changed the use of this conditional water
right to domestic, municipal, industrial, and related uses, including
storage.
b. Pumping Pipeline of Union Oil Company of California:
(1)
Decree entered: September 5, 1952, Civil Action No. 400, Garfield
County District Court.
(2) Decreed point of diversion: The originally decreed point of diversion of
the Pumping Pipeline of Union Oil Company of California ( "Pumping
Pipeline ") is at a point on the westerly or northwesterly bank of the
Colorado River whence the section corner common to Sections 6 and 7,
Township 7 South, Range 95 West, of the 6th P.M. and Sections 1 and 12,
Township 7 South, Range 96 West, of the 6th P.M. bears South 89 °05'
West 3,364.65 feet in Garfield County, Colorado.
(3) Source: Colorado River.
(4) Appropriation date: February 14, 1949.
Amount: 7.0 cfs out of the 118.5 cfs, conditional water right originally
decreed to the Pumping Pipeline. The total amount of the Pumping
Pipeline water rights owned by EnCana is 108.5 cfs, consisting of 5.93 cfs
absolute and 102.57 cfs conditional. Only 7.0 cfs of the 102.57 cfs
conditional water rights owned by EnCana are being changed in this
application.
(5)
Historic use: Not applicable, since only the conditional water rights are
being changed in this application. The decree entered on May 20, 2003
in Case No. 01CW58, District Court, Water Division No. 5, continued this
conditional water right in full force and effect until the end of May 2009.
(6) Use: Industrial, retorting, mining, refining, power, domestic and all other
purposes used in connection with the production of shale oil and its
products, including storage and irrigation for reclamation of retorted shale
and other irrigation reasonably required for oil shale products.
EnCana.Oil & Gas (USA), Inc.
Case No. 05CW�
Page 4
4, Proposed changes:
EnCana seeks approval of alternate points of diversion for up to a combined diversion
rate of 7.0 cfs under the conditional water rights decreed to the Grand Junction- Colorado
River Pipeline and the Pumping Pipeline of Union Oil Company of California described
above. The alternate points of diversion and the maximum rate of diversion at each point
are as follows:
a. Last Chance Ditch Alternate Point of Diversion:
(1)
The headgate of the Last Chance Ditch is located on the South bank of the
Colorado River in the SEA/ SEY4, Section 10, Township 6 South, Range 92
West of the 66 P.M., 543 feet from the East section line and 1,315 feet
from the South section line of said Section 10.
(2) Amount: 3.0 cfs.
(3)
Source: Colorado River.
b. Rulison Alternate Point of Diversion:
(1) Located on the North bank of the Colorado River in the NE% SEV,
Section 25, Township 6 South, Range 95 West of the e P.M., 620 feet
from the East section line and 2,135 feet from the South section line of
said Section 25.
(2) Amount: 1.0 cfs.
(3)
Source: Colorado River.
c. Parachute Alternate Point of Diversion:
(1)
Located on the North bank of the Colorado River in the S W % SE%,
Section 6, Township 7 South, Range 95 West of the 6th P.M., 1,500 feet
from the East section line and 652 feet from the South section line of said
Section 6.
(2) Amount: 1,0 cfs.
(3) Source: Colorado River.
d. Unabridge Alternate Point of Diversion:
(1)
EnCana Oil & Gas (USA), Inc.
Case No. O5CW__
Page 5
Located on the South bank of the Colorado River in the SW' /4 NWT /a,
Section 34, Township 7 South, Range 96 West of the 6th P.M., 844 feet
from the West section line and 2,532 feet from the South section line of
said Section 34.
(2) Amount: 1.0 cfs.
(3)
Source: Colorado River.
e. Debeque Alternate Point of Diversion:
(1)
Located on the South bank of the Colorado River in the SW' /4 SW%,
Section 27, Township 8 South, Range 97 West of the 6th P.M., 1,227 feet
from the West section line and 289 feet from the South section line of said
Section 27.
(2) Amount: 1.0 cfs.
(3) Source: Colorado River.
5. Additional remarks and description of change of water right:
The subject water rights are decreed for industrial and other uses. With respect to the
Pumping Pipeline of Union Oil Company of California, prior decrees specifically
acknowledge that the water right was appropriated for fully consumptive, industrial
purposes and that, therefore; no injury would result from storage of the water or other
diversion and use of the water for fully consumptive purposes. In other words, other
users on the stream had no expectation of return flows from the use of those water rights.
The same is true of the Grand Junction - Colorado River Pipeline because it was also
decreed for industrial and other fully consumptive purposes.
Initially, EnCana intends to use the water for various purposes in connection with oil and
gas drilling and operations. Water will be delivered from the described alternate points
of diversion via pipeline or via pumping into a tank truck for delivery to the place of use.
Water may be used in the future anywhere in Garfield, Rio Blanco or Mesa Counties in
connection with EnCana's operations or those of any successor -in- interest. EnCana
requests the Court to approve the change of points of diversion and place of use described
EnCana Oil & Gas (USA); Inc.
Case No. 05CW
Page 6
in this application and to confirm that no change in manner or type of use is required for
the industrial water rights to be used as described.
In the alternative, should the Court determine that the proposed uses at the alternate
points of diversion described above would constitute a change in type or manner of use,
this application requests the Court to approve such change and to find that such change
will not result in injury to the vested or decreed conditional water rights of others.
6. Names and addresses of owners or reputed owners of the land upon which any new
diversion or storage structure, or modification of any diversion or storate structure is or
will be constructed:
a. Last Chance Ditch Alternate Point of Diversion:
Joseph P. Langegger
3807 Lupine Drive
Vail, CO 81657
or
Dene, Danny, Robert & Kelly Davis
5115 Highway 26
Dubois, WY 82513 -9745
b. Rulison Alternate Point of Diversion:
Samuel B. & Teresa A. Potter
P. 0. Box 148
Rifle, CO 81650
c. Parachute Alternate Point of Diversion:
Exxon Corporation
P. 0. Box 53
Houston, TX 77001 -0053
EnCana Oil & Gas (USA), Inc.
Case No. O5CW
Page 7
d. Unabridge Alternate Point of Diversion:
William CoIohan
15393 Via La Gitana
Carmel Valley, CA 93924 -9600
e, Debeque Alternate Point of Diversion:
Charles H. Latham
T. F. Latham & Mary F. Wagoner
P. O. Box 66
De Beque, CO 81630 -0066
7. Proposed terms and conditions:
a. The amount of water diverted at the alternate points of diversion will be limited to
the amount available in priority at the original points of diversion for the subject
water rights;
b. EnCana will install, maintain and operate such measuring devices, turnout
structures or other facilities as the Division Engineer may reasonably determine to
be necessary to administer the change of water rights described in this application.
c. EnCana acknowledges that a decree approving the change of water rights
described in this application will not grant to EnCana any easement, right -of -way
or other real property interest in the land on which the alternate points of
diversion are located or in the structures or facilities through which the water will
be diverted under this application. EnCana will not exercise its water rights at
any alternate point of diversion under this application until it has obtained the
required easement, right-of-way, consent or other real property interest in such
point of diversion.
8. Prayer for relief:
WHEREFORE, EnCana requests the Court to find that the changes of water rights
proposed herein will not result in injury to the vested or decreed conditional water rights
of others and to enter a decree approving the changes of water rights requested in this
application.
EnCana Oil & Gas (USA), Inc.
Case No. O5CW
Page 8
Respectfully submitted this 30 day of March, 2005.
MOSES, WITTEMYER, HARRISON AND
WOODRUFF, P.C.
Juries R, Montgomery, #10089
Richard J. Mehren, #32231
ATTORNEYS FOR APPLICANT,
ENCANA OIL & GAS (USA) INC.
E -FILED PURSUANT TO C.R. C.P. 121
Duly signed original on file at the law
offices of Moses, Wittemyer, Harrison and
Woodruff P.C.
STATE OF COLORADO
COUNTY OF 1\ kit
)
)
VERIFICATION
ss.
Mark Thrush, being first duly sworn upon his oath, deposes and says that he is
Facilities Engineer for EnCana Oil & Gas (USA) Inc., applicant herein, that he has read the
foregoing Application for Change of Water Right, knows the contents thereof, and that the same
are true to the best of his knowledge and belief.
Mar
f1f ush
Subscribed and sworn to before me this 31“ day of March, 2005.
Witness my hand and official seal.
My commission expires:
citxt)ca
Notary Public
yygtv
EXHIBIT B
AFFIDAVIT OF OWNERSHIP
1, Mark Thrush, Facilities Engineer for EnCana Oil & Gas (USA) Inc. ( "EnCana "),
after being duly sworn, state and affirm as follows as to EnCana's ownership of the water rights
involved in EnCana's application for a one year substitute water supply plan pursuant to C.R.S.
§ 37- 92- 308(4). EnCana owns the following water rights which are part of the pending application
for change of water right in Case No. 05CW052, District Court, Water Division No. 5:
1. Grand Junction - Colorado River Pipeline Colorado River Intake:
a. Decree entered: July 21, 1959, Civil Action No. 8303, Mesa County District Court.
b. Decreed point of diversion: The Grand Junction - Colorado River Pipeline water
right was originally decreed at a point whence the SE corner of Section 2, Township
11 South, Range 98 West of the 6th P.M. bears South 56° 15' West 7,051.80 feet in
Mesa County, Colorado. The decree entered in Case No. W -2915, District Court,
Water Division No. 5, changed the subject water right to the headgate of the J.T.
Pearce and W.A. Skelton Ditch at a point whence the North Quarter Corner of
Section 21, Township 6 South, Range 93 West of the 6th P.M. bears South 79° 05'
East 4,071.9 feet in Garfield County, Colorado. The decree entered May 5, 1983 in
Case No. 81CW360, District Court, Water Division No. 5, changed the subject 5.0
cfs water right to an alternate point of diversion at the decreed point of diversion for
the existing Colorado River Intake Facility for the Pumping Pipeline of Union Oil
Company of California, located at a point whence the section corner common to
Sections 6 and 7, Township 7 South, Range 95 West of the 6th P.M., and Sections
1 and 12, Township 7 South, Range 96 West of the 6th P.M. bears South 89° 05'
West 3,364.65 feet in Garfield County, Colorado.
c. Source: Colorado River.
d. Appropriation date: February 17, 1947.
Amount: 5.0 cfs, conditional.
e. Use: A decree entered May 5, 1983 in Case No. 81 CW360, District Court, Water
Division No. 5, changed the use of this conditional water right to domestic,
municipal, industrial, and related uses, including storage.
2. Pumping Pipeline of Union Oil Company of California:
a. Decree entered: September 5, 1952, Civil Action No. 4004, Garfield County District
Court.
Page 1 of 3
b. Decreed point of diversion: The originally decreed point of diversion of the Pumping
Pipeline of Union Oil Company of California ( "Pumping Pipeline ") is at a point on
the westerly or northwesterly bank of the Colorado River whence the section corner
common to Sections 6 and 7, Township 7 South, Range 95 West, of the 6th P.M. and
Sections 1 and 12, Township 7 South, Range 96 West, of the 6'h P.M. bears South
89 °05' West 3,364.65 feet in Garfield County, Colorado.
c. Source: Colorado River.
d. Appropriation date: February 14, 1949.
Amount: 7.0 cfs out of the 118.5 cfs, conditional water right originally decreed to
the Pumping Pipeline. The total amount of the Pumping Pipeline water rights owned
by EnCana is 108.5 cfs, consisting of 5.93 cfs absolute and 102.57 cfs conditional.
Only 7.0 cfs of the 102.57 cfs conditional water rights owned by EnCana are being
changed in this application.
e. Use: Industrial, retorting, mining, refining, power, domestic and all other purposes
used in connection with the production of shale oil and its products, including storage
and irrigation for reclamation of retorted shale and other irrigation reasonably
required for oil shale products.
Page 2 of 3
FURTHER THE AFFIANT SAYETH NOT:
STATE OF COLORADO )
ss.
COUNTY OF D r )
I, Mark Thrush, Facilities Engineer for EnCana Oil & Gas (USA) Inc. state under
oath that I have read this Affidavit of Ownership and verify its contents.
a
�h
SUBSCRIBED AND SWORN to before me this ,?6. day of April, 2005. Witness
my hand and official seal.
My commission expires:
ar Y Public
Page 3 of 3
JUDITH B. StSNtROS
NOTARY PUBLIC
STATE OF COLORADO
%PRIFiii§§1@r1 ff#rtJF @§ 03/17I20PR
NOTICE
To: All parties on the Substitute Water Supply Plan Notification List for Water Division
No. 5
Froin: James R. Montgomery, Esq. and Richard J. Mehren, Esq., Moses, Wittemyer,
Harrison and Woodruff, P.C.
Re: Notice of EnCana Oil & Gas (USA) Inc. Request for Approval of a Substitute
Water Supply Plan Pursuant to Section 37- 92- 308(4), C.R.S.
Date: April 28, 2005
You are hereby notified that EnCana Oil & Gas (USA), Inc. ( "EnCana ") has requested that
the State Engineer approve a Substitute Water Supply Plan (SWSP ") pursuant to § 37- 92- 308(4),
C.R.S. A copy of EnCana's SWSP request is enclosed.
Pursuant to § 37- 92- 308(4)(a)(III), C.R.S., you have thirty (30) days from the date of this
Notice to file comments on the proposed SWSP with the State Engineer. A response to this Notice
is required to be considered a "party to the application." Comments must include:
[A)ny claim of injury, any terms and conditions that should be
imposed upon the plan to prevent injury to an opposers' water rights
or decreed conditional water rights, and any other information the
opposer wishes the State Engineer to consider in reviewing the
Substitute Water Supply Plan request. § 37- 92- 308(4)(a)(III), C.R.S.
Please direct comments to the Division of Water Resources, 1313 Sherman Street, Room,
818, Denver, Colorado 80203 to the attention of Craig Lis. Comments may also be sent to the State
Engineer via facsimile at 303.866.3589 or via electronic mail at craig.lis@state.co.us. Please also
send a copy of any comments to us at the address shown above. The State Engineer wilt deliver a
copy of his decision to those who submit comments by first -class mail or electronic snail. Please
indicate the preferred method of service with your comments.
If you have any questions regarding the enclosed request, please contact us at 303.443.8782.
EXHIBIT C
CERTIFICATE OF MAILING
The undersigned hereby certifies that on the 28`h day of April, 2005, true and correct
copies of the Request for Substitute Water Supply Plan on behalf of EnCana Oil & Gas (USA) Inc.,
together with attachments thereto, were placed in the United States Mail, first class postage pre -paid,
addressed to the persons listed in the Substitute Water Supply Plan Notification List for Water Division
No. 5 listed below.
Carlson; Hammond & Paddock, LLC
1700 Lincoln Street, Suite 3900
Denver, CO 80203 -4539
White & Jankowski, LLP
511 Sixteenth Street, Suit e500
Denver, CO 80202
Anne J. Castle, Esq.
Holland & Hart, LLP
P. 0. Box 8749
Denver, CO 80201 -8749
Bernard F. Gehris, Esq.
Burns, Figa & Will, P.C.
Plaza Tower One, Suite 1030
6400 South Fiddlers Green Circle
Englewood, CO 80111
Carol Peterson
Colorado River Ranch
P. 0. Box 832
Kremmling, CO 80459
Carrie L. Ciliberto, Esq.
Ciliberto & Associates, LLC
1660 Lincoln Street, Suite 1700
Denver, CO 80264
Christopher Manera
Colorado River Engineering
P. O. Box 1301
Rifle, CO 81650
Cynthia F. Covell, Esq.
Alperstein & Covell, P.C.
1600 Broadway, Suite 2350
Denver, CO 80202 -4923
Dale Brook
Spronk Water Engineers, Inc.
1000 Logan Street
Denver, CO 80203 -3011
David Graf
Colorado Division of Wildlife -West Region
711 Independent Avenue
Grand Junction, CO 81505
David L. Kueter, Esq.
Harvey W. Curtis & Associates
1675 Larimer Street, Suite 715
Denver, CO 80202
Ellen J. Gaugler
Leavenworth & Karp, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
Gina Bruke
Jelin Water Consultants, Inc.
1565 Gilpin Street
Denver, CO 80218
Grady McNeil
Jay Skinner
Mary Halstead
Colorado Division of Wildlife
6060 Broadway
Denver, CO 80216
Gregg S, Ten Eyck, P.E.
Leonard Rice Engineers, Inc.
2000 Clay Street, Suite 300
Denver, CO 80211 -5119
Janes McGrady
Colorado Springs Utilities
215 Nichols Boulevard
Mail Code 1328
Colorado Springs, CO 80907 -1328
Jefferson V. Houpt, Esq.
Caloia, Houpt & Hamilton, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
Jeffery J. Kahn, Esq.
Bernard, Lyons, Gaddis & Kahn, P.C.
515 Kirnbark Street
P. O. Box 978
Longmont, CO 80502 -0978
Joanne Herlihy, Esq.
Jack Ross, Esq.
Dufford & Brown, P.C.
1700 Broadway, Suite 2100
Denver, CO 80290 -2101
John M. Dingess, Esq,
Duncan, Ostrander & Dingess, P.C.
4600 South Ulster Street, Suite 1111
Denver, CO 80237 -2875
John R. Pierce, Esq.
Dufford, Waldeck, Milburn & Krohn, LLP
744 Horizon Court, Suite 300
Grand Junction, CO 81506
John W. Gillogley
Colorado Department of Corrections
2862 South Circle Drive
Colorado Springs, CO 80906
John W. Savage, Esq.
John W. Savage, P.C.
P. 0. Box 1926
Rifle, CO 81650
Jonathan M. Kelly, P.E.
Wright Water Engineers, Inc.
818 Colorado Avenue, Suite 307
GIenwood Springs, CO 81601
Kari Newmyer
P etros & White
730 Seventeenth Street, Suite 820
Denver, CO 80202
Kevin L. Patrick, Esq.
Patrick, Miller & Kropf, Esq.
730 East Durant Avenue, Suite 200
Aspen, CO 81611
Lonna Nichols
Colorado River Water Conservation District
P. 0. Box 1120
Glenwood Springs, CO 81602
Mark A. Hernzundstad, Esq.
Williams, Turner & Holmes, P.C.
200 N. Sixth Street
P. O. Box 338
Grand Junction, CO 81502
Mark J. Wagner, Esq.
Hill & Robbins, P.C.
1441 Eighteenth Street, Suite 100
Denver, CO 80202 -5932
Michael D. Shimmin, Esq.
Vranesh and Raisch, LLP
1720 Fourteenth Street, Suite 200
P. 0. Box 871
Boulder, CO 80306 -0871
Michael F. Browning, Esq.
Porzak, Browning & Bushong, LLP
929 Pearl Street, Suite 300
Boulder, CO 80302
Michael L. Walker, Esq.
Denver Water — Legal Division
1600 West 12th Avenue
Denver, CO 80247
Patricia L. Davis
Friedlob, Sanderson, Paulson & Tourtillott
1775 Sherman Street, 21' Floor
Denver, CO 80203
Pauline R. Wilber
Trout, Witwer & Freeman, P.C.
1120 Lincoln Street, Suite 1600
Denver, CO 80203 -2141
Rhonda J. Bazil, Esq.
Rhonda J. Bazil, P.C.
632 East Hopkins Avenue
Aspen, CO 81611
Richard A. Jolson, Esq.
Stephen C. Larson, Esq.
Johnson & Repucci, LLP
2521 Broadway, Suite A
Boulder, CO 80304
Robert M. Plaska, P.E.
Colorado Division of Water Resources
P. 0. Box 773450
505 Anglers Drive, Suite 101
Steamboat Springs, CO 80477
Roy Smith
U.S. Bureau of Land Management
2850 Youngfield Street
Lakewood, CO 80215 -7093
Scott M. Balcomb, Esq.
Balcomb & Green, P.C.
P. 0. Drawer 790
Glenwood Springs, CO 81602
Stanley W. Cazier, Esq,
Cazier & McGowan
P. 0. Box 500
Granby, CO 80446 -0500
Susan Perez
City of Thornton
Water Resources
12450 Washington Street
Thornton, CO 80241
Ted Kowalski
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, CO 80203
Thomas E. Kinney, Esq.
Hill, Edwards, Edwards & Kinney, LLC
502 Main Street, Suite 201
Carbondale, CO 81623
Thomas J. Kennedy
Zancanella & Associations, Inc.
1005 Cooper Avenue
P. O. Box 1908
Glenwood Springs, CO 81602
Thomas R. Sharp, Esq.
Sharp, Steinke & Sherman, LLC
P. 0. Box 774608
Steamboat Springs, CO 80477
Timothy R. Buchanan, Esq.
Timothy R. Buchanan, P.C,
7703 Ralston Road
Arvada, CO 80002
Ty Jones
Ute Water Conservancy District
P. 0. Box 460
Grand Junction, CO 81502
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Je(nnif A. Bradbury f 7
EXHIi I
EnCana Oil & Gas (USA), Inc.
SWSP Accounting Form
ite
Cali in Effect
Last Chance Ditch APOD (cfs)
IZulison APOD (cfs)
Parachute APOD (cfs)
Unabridge APOD (cfs)
Debeque APOD (cfs)
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