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HomeMy WebLinkAbout2.0 Application for Water RightsIN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 AND STATE OF COLORADO Case No. W-3496 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CATTLE CREEK RANCH, a joint venture IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: CATTLE CREEK IN GARFIELD COUNTY THIS. MATTER came on for hearing FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE /1,10 1973 on the "Application for Approval of Plan for Augmenta- tion Including a Change in Water Rights and for Substitution and'Exchange as Required for Operation of the Plan" filed by Cottonwood Pass, a limited partnership, represented by John M. Dickson of Saunders, Snyder, Ross & Dickson, P.C., and objections filed by Park Ditch Company and John Sutey, represented by Scott Balcomb of Delaney & Balcomb, and objections filed by Loyal E. Leavenworth appearing in his own behalf. Loyal E. Leavenworth also entered his appearance for The Needham Ditch Company. The Court, having examined the records. and files herein and having heard the evidence presented, FINDS: FINDINGS OF FACT 1. The "Application for Approval of Plan for Augmenta- tion Including a Change in Water Rights and for Substitution and Exchange as Required for Operation of the Plan" was filed by Cottonwood Pass, a limited partnership, on August 31, • • 1977, and related to the Heuschkel Ranch. Cottonwood Pass sold the ranch to Cattle Creek Ranch, a joint venture con- sisting of Frank Lerner and J.R. Sturgis, and assigned the application to the joint venture. The ranch was renamed Cattle Creek Ranch and the joint venture was substituted as applicant by order dated September 12, 1977. 2. Timely and adequate notice of these proceedings was given in the manner required by law; the Water Judge sitting in this Court has jurisdiction over the subject matter of these proceedings and over all who have standing to appear as parties, whether they have appeared or not. 3. A Statement of Opposition was filed within the time provided by statute by Park Ditch Company and John Sutey, and by Loyal E. Leavenworth. The time for filing statements of opposition by others has expired. Loyal E Leavenworth entered his appearance for The Needham Ditch Company. 4. The plan is described generally as follows: Applicant owns Cattle Creek Ranch, being approxi- mately 963 acres located in Sections 5, 6, 7, and 8, T7S, R87W of the 6th P.M. in Garfield County, Colorado, on Cattle Creek. Applicant proposed to subdivide its ranch into not more than 150 lots (later reduced to 135 lots) restricted to single family dwellings with associated outbuildings and a stable to service the subdivision. Potable water for the subdivision will be supplied through a central distribution system that will obtain water through three wells located on Applicant's property. These wells withdraw water from the Cattle Creek alluvium and are the subject of pending applications for well rights Nos. W-3488, W-3489, and W-3490. The potable water distribution system will also be used to irrigate up to 14 acres of lawn, trees, shrubs, and gardens, green- belt, and to water 300 head of livestock. Applicant owns .6 cfs of Priority No. 39 awarded to the Lewis Ditch. As a part of this proceeding, Applicant plans to transfer .4 cfs of said .6 cfs to the three wells and permanently to remove from irrigation the land historically irrigated with said .4 cfs. A 1977 priority date is requested for the wells in their adjudications. They will supply potable water to the potable water system all year round. -2- • • They will divert on their own 1977 priority when not being called by senior water rights, generally between November 1st and April 30th of the follow- ing year. During the remainder of the time, said wells will divert on the .4 cfs Lewis Ditch right being transferred to them in this proceeding. Applicant has filed Application No. W-3491 to construct Cattle Creek Reservoir on its land, with a capacity of 60 acre feet, which will be used to make releases to Cattle Creek .to augment well diversions at times when the wells otherwise would not be able to divert on their own priority or the priority of Lewis Ditch. Cattle Creek Reservoir will be filled on its own 1977 priority through the Eureka Ditch during the nonirrigating season and by making use of well water not needed for the potable water system. Applicant also owns priorities awarded to the Sommers Ditch, Sommers Ditch, First Enlargement, Monarch Ditch, Sweedes Ditch,`1"to Eureka Ditch. With the exception of the .4 cfs Lewis Ditch Priority to be transferred to the three wells, the priorities described above will be used to irrigate land that was historically irrigated by these ditches and will be located on the lots in the subdivision. 5. Applicant is the owner of Cattle Creek Ranch which is the following described real property located in Garfield County, Colorado: T7S, R87W, 6th P.M.: Sec. 5: S1/2NE1/4, Lots 7, 8, 12, 13, and the West 29.7 acres of Lot 14; excluding however a tract of land described in that certain deed recorded in Book 61 at page 553 of the records of said county; Sec. 6: SE1/4SE1/4; Sec. 7: SE1/4NE1/4; Sec. 8: All consisting of 963 acres, more or less. 6. The Applicant owns decreed water rights as follows: TOTAL AMOUNT DECREED OWNED BY PRIORITY APPROPRIATION ADJUDICATION AMOUNT APPLICANT NO: NAME DATE DATE (cfs.) (cfs.) 39 Lewis Ditch 6/15/1882 5/11/1889 .6 .6 126 Sowers Ditch 6/20/1885 5/11/1889 .2 .2 175 Sommers Ditch First Enlarg. 5/02/1887 5/11/1889 .5 .5 133-134 Monarch Ditch 7/31/1885 5/11/1889 10. 2.5 152 Sweedes Ditch 6/01/1886 5/11/1889 .5 .334 227AA Eureka Ditch 10/01/1908 3/15/1916 9.5 6.86 TOTAL 21.3 10.994 • • The Lewis Ditch, Sommers Ditch, Sommers First Enlargement Ditch, and Sweedes Ditch water rights have historically irrigated about 60 acres of land. The Applicant's share of the Monarch Ditch and Eureka Ditch water rights have his- torically irrigated about 190 acres of land. clecircd 7. The p_cec4t points of diversion of the €lecrced water rights listed above are as follows: (a) Lewis Ditch. The headgate is located on the north bank of Cattle Creek, in the NE1/4 of the NW1/4 of Sec. 8, T7S, R87W of the 6th P.M. (b) Sommers Ditch. The decreed headgate is located on the south bank of Cattle Creek, in the SE1/4 of the NE1/4 of Sec. 8, T7S, R87W of the 6th P.M.; the headgate presently in use is located on said south bank in the SW1/4 of the SE1/4 of Sec. 5, T7S, R87W of the 6th P.M. (c) Monarch Ditch. The headgate is located on the south bank of Cattle Creek about 11 miles above its mouth. Fu (d) Sweedes Ditch. The headgate of said ditch is -7/ ,-V/cs (TA/A=7 AQ located on the south bank of Cattle Creek i- - `f Mvu,- fA fd L /i7 cJCc7 /7i,-7 8 T7S, R87W of the 6th P.M. in Eagle County, Colorado. (e) Eureka Ditch. The headgate of said ditch is located on the south bank of Cattle Creek in the NW1/4 of NE1/4 of Sec. 11, T7S, R87W of the 6th P.M. in Eagle County, Colorado. The decree for the Lewis Ditch, Sommers Ditch, Monarch Ditch, and Sweedes Ditch was adjudicated by the District Court of Garfield County, Colorado. The decree is dated May 11, 1889. The decree for the Eureka Ditch was adjudicated by the same court and is dated March 15, 1916. -4- • • 8. Applicant owns three applications for the adjudica- tion of well rights in this Water Division, Case Nos. W- 3488, W-3489, and W-3490 for wells to be located approxi- mately as follows: Cattle Creek Well No. 1: NE1/4NW1/4, Sec. 8, T7S, R87W of the 6th P.M. approximately 500 feet from the north line and 1700 feet from the west line of said Sec. 8; capacity 100 gpm. Cattle Creek Well No. 2: NW1/4NW1/4, Sec. 8, T7S, R87W of the 6th P.M. approximately 800 feet from the north line and fibO150O' feet from the west line of said Sec. 8; capacity 100 gpm. Cattle Creek Well No. 3: SE1/4SW1/4, Sec. 5, T7S, R87W of the 6th P.M., 175 feet from the south line and 2450 feet from the west line of said Sec. 5; capacity 100 gpm. Said wells are to withdraw water from the Cattle Creek alluvium and should be administered as a part of the Cattle Creek surface stream system. They do not qualify for exemp- tion and none is requested. 9. Applicant is the owner of an application for the adjudication of Cattle Creek Reservoir, Case No. W-3491 in this Court. The southeast end of the dams is to be located at a point whence the southwest corner of Sec. 8, T7S, R37W of the 6th P.M. bears south 470 west, a distance of 2450 feet; its capacity is 60 acre feet. 10. Applicant is subdividing Cattle Creek Ranch into not more than 135 lots restricted to single family dwellings with associated outbuildings, a stable to service the sub- division and possibly a small clubhouse. This is a reduc- tion from the 150 lots originally planned. Potable water will be supplied to the subdivision through a central distribution system. The source of supply for the central distribution system will be the wells described above which take their water from Cattle Creek. The total • • amount of water consumed through the central water supply system will not exceed that required for 135 equivalent single family units. Use of water from the domestic water distribution system will be restricted to household use only plus the irrigation for the subdivision of not more than 14 acres of lawn, trees, shrubs and gardens and the watering of not more than 300 head of livestock. Household pets will also be permitted. The Homeowners Association (described below) will determine the location.of the 14 acres that may be irrigated through the central system and the number and location of the livestock that may be watered through such system. Return flow from subdivision use is to Cattle Creek. 11. Subdivision consumptive use •will be 45 acre feet annually and is determined as follows: A. Use by each household will not exceed 375 gallons for each of the 135 household units 365 days per year and is more than enough water to satisfy the in-house needs of each equivalent household unit and associated outbuilding including water for the livestock. Gross use by such units including livestock will not exceed 56.6 acre feet annually. The consumptive use will not exceed 15 acre feet annually divided equally between the irrigation and nonirrigation seasons. This 15 acre feet is calculated on the assumption that at least 90% of the 135 equivalent household. units will be equipped with septic tank leaching field waste disposal systems. This assumption is supported by the evidence and is reasonable. E. The consumptive use for the 14 acres of grass, trees and shrubs is 20 acre feet annually. C. Cattle Creek reservoir will be constructed as an amenity and will be used as a part of the water supply system. When constructed, it will have a surface acreage of approximately 10 acres. It will not be full at all times, will be iced -over a substantial part of the winter and will have an average evaporation of not to exceed 10 acre feet annually, 7.5 acre feet in the irrigation season and 2.5 acre feet in the nonirrigation season. 12. The subdivision water supply will be provided through the three wells described above during the entire -6- • year. These welts will divert on their priority (1977) at all times when there is 'io callori the wells, generally between November 1st and April 30th of the following year. At times when the three wells cannot divert on their own priority, the wells will divert (i) on the Lewis DitchIater right transferred to said wells (.4 cfs.) at all times when said Lewis Ditch water right is in priority, or (ii) when neither the 1977 well -water right nor the Lewis Ditch water right is in priority, by making releases from Cattle Creek Reservoir or releasing other reservoir water owned by the Homeowners Association in an amount sufficient to balance the subdivision consurnp ti ve use occurring at the time when said releases are being made. 13. Historically, the .4 :cfs. Lewis Ditch ;later right being transferred in these proceedings to the three wells irrigated 25 acres of land described as follo;,ws: Beginning at the Southwest corner of Section 5, T7S, R87W of the 6th P.M., thence 'forth 59° East a distance of 1091 feat to the point of beginning; from said point of beginning thence East 2640 feet, thence South 33° 25' West 1797 feet, thence West 210 feet, thence North 1110 feet, thence South 85° 22' West 1114 feat, thence South 23° 15' East 228 feet, thence South 49° 25' West 553 feet, thence North 1049.2 feet to the point of beginning. Tha consumptive use from such irrigation is 35.5 acre feet in an average year and 39.6 acre feet in a dry year. These 25 acres are to be permanently removed from irrigation. The Homeowners Association may designate some part of the 25 acres of land to be irrigated through the central supply system, provided that at no time shall the irrigated acreage through the central supply system ; exceed 14 acres, irrespective of where located. -7- • • To prevent injury to vested rights, it is necessary that the .2 cfs Lewis Ditch water right not transferred by this decree, and Applicant's interest in the Sommers Ditch, Sommers Ditch First Enlargement, and Sweedes Ditch water rights shall not be used to irrigate more than 35 acres of land. Furthermore, to maintain historic practice and to prevent injury to the Needham Ditch Company, it is necessary that the .4 cfs Lewis Ditch water right shall be subordinate. to and shall not be lawfully entitled to place a call on the Needham Ditch water right (adjudicated for 3.0 c.f.s. on May 11, 1889; Priority No. 100; date of appropriation: July 11, 1884; decreed in Civil Action No. 132 in the Dis- trict Court in and for Garfield County) . 14. Applicant has a 1977 water right for Cattle Creek Reservoir which is located on its land. The reservoir will be filled using its 1977 priority through the wells and by delivery to Ditch water Ditch is in said reservoir of part of the .4 cfs. Lewis right through the Eureka Ditch when the Lewis priority and not being fully utilized through the wells to balance subdivision_ consumptive use. This will occur at all times before the subdivision is fully built and after its construction has been fully completed at those times when either the wells or the .4 cfs. Lewis Ditch water right are in priority and there is less than 100% use of the subdivision water supply provided by this decree. To prevent injury it is necessary that use of the Lewis Ditch water right to fill the reservoir shall be subject to the limitations contained in Paragraph 13 above and that the delivery to said reservoir of water diverted under the Lewis Ditch water right through the Eureka Ditch as provided for in this paragraph be subordinate to the rights of the -8- • Needham Ditch Company (Needham Ditch: 3 c.f.s., adjudica- ted: May 11, 1889, date of appropriation: July 11, 1884; Needham Ditch First Enlargement: 11 c.f.s., adjudicated: P•Iay 11, 1889, date of appropriation: Needham Ditch Second Enlargement: 2. March 15, 1894, September 3, 1886; 9 c.f.s., adjudicated June 5, 1893), Ditch water right could place a call upon the Needham Ditch Company's water date of appropriation: except to the extent that the Lewis rights set forth above from the original point of diversion of the Lewis Ditch, and then only to the extent that such valid priority call is required to satisfy the .4 c.f.s: Lewis Ditch water right at its original point of diversion, 15. Under Applicant's plan, subdivision consumptive use will occur during the year as follows: ANNUAL SUBDIVISION CONSUMPTIVE USE (acre feet) Summer Winter Use (5/1 to 10/30) Household 7.5 Irrigation of 14 acres 20 Total Yearly (11/1 to 4/30) 12 months 7.5 0 Reservoir Evaporation 7.5 2.5 TOTAL 35.0 10 15 20 10 The irrigation season depletions resulting from sub- division use will be balanced by the 35.5 acre feet of irrigation consumptive use saved each year by permanently removing from irrigation the 25 acres of land historically irrigated with the .4 cfs. being transferred to the wells. The depletion resulting from winter subdivision use will be 45 supplied from the t;ells diverting on their own 1977 priori- ties, At any time of year when the wells are not entitled • • to pump on the .4 cfs. Lewis Ditch right or their own 1977 priority, they may continue to pump only so long as simultan- eous releases to Cattle Creek are made from Cattle Creek Reservoir equal in amount to current subdivision consumptive use. 16. The three wells, the distribution system, the reservoir, the .4 cfs. of the Lewis Ditch water right trans- ferred to the wells, and all of the above described decreed water rights will be owned and operated by Cattle Creek Ranch Homeowners Association, a Colorado nonprofit corpora- -1-0 orpora-jU he co 'm cx . tion Nembership will 17. Lot owners who purchase lots including land that has been historically irrigated by Applicant's water rights, other than the right transferred to the wells, may be granted some rights to irrigate land with the ditch water historically theretofore used to irrigate such land. The rights will be restricted in amount to historical irrigation using the consist of the owners of the. lots. 6 priorities described in paragraph numbered/ above other I' than the .4 cfs. Lewis Ditch right transferred to the wells. 18. Approval of the plan described herein will not injuriously affect the owners of or persons entitled to use water, with respect to the quantity of water, quality of water, or time of use, under any vested water right or decreed conditional water right, including the water rights of objectors hereto. Said plan should be approved. CONCLUSIONS OF LAW The Court concludes, as a matter of law: 1. The plan proposed by Applicant is proper, and if administered in accordance with this decree, will permit depletions associated with the proposed Cattle Creek Ranch Subdivision without adversely affecting any other vested or -10- conditional water right on Cattle Creek or its tributaries with respect to quantity, quality, or time of use. No lot holder in the subdivision is or shall be entitled to an exempt well under the provisions of the Water Right Determina- tion and Administration Act of 1969. 2. State Engineer may lawfully be required to adminis- ter this decree in accordance with the provisions hereof. DECREE IT IS ORDERED, ADJUDGED, AND DECREED: 1. The "Application for Approval of Plan for Augmenta- tion Including a Change in Water Rights and for Substitution and Exchange as Required for Operation of the Plan" as modified herein is approved. 2. The property subject to this decree is (i) the surface priorities described above, (ii) the well applica- tions and reservoir application described above and any water rights decreed as a result thereof, (iii) the central water supply system including the wells and distribution system that is a part thereof, and (iv) the 25 acres of land historically irrigated by .4 cfs. Lewis Ditch -water right transferred in these proceedings to the 3 wells. Said lo be property controlled by Cattle Creek Ranch Homeowners Association, a nonprofit Colorado corporation, coP osed of Cattle Creek subdivision lot owners. 3. This plan is effective as to 135 equivalent single family units with associated outbuildings, household pets, and 300 head of livestock. Equivalent units may include a stable to service the subdivision, a clubhouse, and other facilities. Each equivalent unit is restricted to using rater from the central distribution system for household purposes only in the households, associated outbuildings, -11- • • stable, club, and other facilities and for livestock watering. Except as otherwise provided, use of central supply system water for irrigation shall not be permitted. At least 90 of the single family dwellings shall be equipped with septic tank leaching field waste disposal systems. 4. Two hundred fifty acres (250) of Cattle Creek Ranch were irrigated historically using all of the surface water rights described in Paragraph 6 above. The Homeowners Association shall permanently remove from irrigation that certain 25 acre tract described above in Paragraph 13 above. If any part of said 25 acres is subirrigated, Applicant shall take such steps as may be necessary to eliminate such subirrigation, or, in the alternative, shall designate an equivalent amount of acreage that is not subirrigated and permanently remove such additional acreage from irrigation. Permanent removal of 25 acres from irrigation will result in the saving of 35.5 acre feet annually of water that otherwise would have been used consumptively in the irrigation of said tract. Said water shall be used to balance the following use through the central supply system, (i) the 7.5 acre feet of annual inhouse subdivision irrigation season use, (ii) the 7.5 acre feet of annual summer reservoir evaporation, and (iii) the 20 acre feet of annual summer consumptive use to irrigate not more than 14 acres through the centtal water supply system. Said 14 acres can be located in any part or parts of said 25 acre tract and 135 lots, as determined by Cattle Creek Homeowners Association. Total irrigated acreage by surface decrees and through the potable water system shall be reduced from said 250 acres to not more than 239 acres. 5. The potable water system, which consists of the wells and reservoir described in the findings above and a -12- • • pipeline distribution system together with associated facili- ties, is used to deliver potable water to the subdivision lots. There is hereby transferred to the locations of the above described wells for use through said wells .4 cfs. of the Lewis Ditch eater right described in the findings above. Said .4 cfs. with a priority date of June 15, 1882 may be exercised through said wells when the same is in priority (a) Said wells shall be equipped with recording metering devices. (b) In the exercise of said priority, said wells may be pumped singly or in any combination at a rate not to exceed in the aggregate 180 gpm. (c) Said wells, in the exercise of their own priorities, in the exercise of said Lewis Ditch priority transferred hereby, and in the exercise of the exchange and substitution rights herein decreed, shall be administered as a part of the surface system of Cattle Creek. 6. Cattle Creek Homeowners Association may exercise the June 8, 1977 reservoir priority to store water in said reservoir at all times of the year when there is available storage capacity in said reservoir and said June 8, 1977 subject to the following conditions: right is in priority, through the Eureka Ditch or any ditch or diversion system through which it may divert supply for said reservoir. The wells described above other the may also be used to supply water for said reservoir, exercising the June 8, 1977 reservoir priority or their own June 9, 1977 priority, or both. At all times prior to the comple- tion of 135 equivalent units the Association may fill said reservoir using a fraction of the .4 cfs. Lewis Ditch right transferred to said wells. The numerator of said fraction 61.y /css isA the number of equivalent units that have been completed -13- • • and are in use and the denominator of said fraction is 135. Except as provided in this decretal Creek Reservoir shall not be filled tion ditch rights listed in finding Paragraph 6, Cattle using any of the irriga- 6 above without prior court authorization. All irrigation return flows, seepage, and waste water arriving during the irrigation season in said reservoir by reason of its geographical location shall be released to Cattle Creek when there is a valid June 7, 1977 or earlier call for water on Cattle Creek located below said reservoir. 7. In order to deliver the amount required for subdi- vision use under the plan, the Association may make use of (i) diversions on (ii) diversion on said wells herein, or the extent the June 9, 1977 priority of said wells, the 1882 .4 cfs. priority transferred to under the limitations specified for such use (iii) by making releases of reservoir water to of subdivision consumptive use which is 25% of well deliveries. No water shall be delivered through the potable water system for purposes of irrigating the 14 acres described above as being irrigated through the potable water system when said .4 cfs. Lewis Ditch priority may not legally be diverted. 8. To prevent injury to vested rights, use of the .6 c.f.s. Lewis Ditch water right is subject.to the following conditions: A. The .4 c.f.s. Lewis Ditch water right trans- ferred to said wells shall be subordinate to and shall not be lawfully entitled to place a call on the Needham Ditch water right (adjudicated for 3.0 c.f.s. on May 11, 1829; Priority No. 100; date of appropriation: July 11, 1884; decreed in Civil Action No. 132 in the District Court in and for Garfield County). -14- • • B. The .2 c.f.s. Lewis Ditch water right not transferred to the wells or storage herein and the Sommers Ditch, Sommers Ditch First Enlargement, and Sweedes Ditch water rights shall not be used to irrigate more than 35 acres of land. C. Delivery to Cattle Creek Reservoir of water diverted under the .4 c.f.s. Lewis Ditch water right through the Eureka Ditch as provided shall be subordinate to the rights of the Needham Ditch Company (Needham Ditch: 3 c.f.s., adjudicated: May 11, 1889, date of appropriation: July 11, 1884; Needham Ditch First Enlargement: 11 c.f.s.,-adjudica- ted: May 11, 1889, date of appropriation: September 3, 1886; Needham Ditch Second Enlargement: 2.9 c.f.s., adjudi- cated March 15, 1894, date of appropriation: June 5, 1893), except to the extent that said .4 c.f.s. Lewis Ditch water right could place a call upon the Needham Ditch Company's water rights set forth above from the original point of diversion of the Lewis Ditch, and then only to the extent that such valid priority call is required to satisfy the .4 c.f.s. Lewis Ditch water right at its original point of diversion. 9. The Association shall install and maintain such meters, works, and devices as shall accurately measure and control the water stored in Cattle Creek Reservoir. and used through the wells. Said facilities shall be installed, operated, and maintained at all times to the satisfaction of the Division Engineer. 10. No well shall be drilled on any lot in Cattle Creek Ranch subdivision which is exempt from the surface priority system irrespective of whether the same may other- -wise qualify for such exemption under statutes now or here- after enacted. Subdivision covenants running with the land -15- and enforceable by any owner of a surface priority on Cattle Creek shall so provide. The provisions of this paragraph shall not, however, prohibit a well owner from taking what- ever steps may be necessary to obtain a nonexempt well. 1j/. This decree shall become final upon its entry except that, in accordance with Section 37-92-304(6), C.R.S. 1973, as amended to date, any water user may reopen this decree for a reconsideration of the question of injury to his vested rights. This right to reopen shall expire two years after the entry of this decree or after sixty equiva- lent residential household units receiving a domestic Nater supply under the provisions of this decree have been con- structed, whichever event occurs later. 9. This decree shall be recorded in the records of Garfield County, Colorado. DONE 1978. APPROVED: DELANEY &' BALCOMB IN dal" ur P this ?/ day of ( /,/2 BY THE COURT: firy,t -7) Y Attorneys for Park Ditch Company and John Sutey Leave ith, or himself and Thi Needham �ch Company Wa er Judge /11 _ //,--7,‘yi 7 7 1(7-05/ ,44-0 I 7-7-77 60-11/7) /c 1/1 d llic //v://I- 01 / X12_ !4%/1 1 ✓Q /cl4 / , 17 / /1/7 Ccs F'=1 / 1,04 kr- f / /re-, d a; // kj/.L ,U ur7 kik / hi Jill 4-7/ -16- IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 AND STATE OF COLORADO Case No. W-3489 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CATTLE CREEK RANCH, a joint venture IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: CATTLE CREEK IN. GARrFIELD COUNTY MAY 8 F 1: Z 1978 CRF !OLP LM tiFt • .. FIL£ .... FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE CATTLE CREEK WELL NO. 2 THIS MATTER came on for hearing 4/0/ 4 1978, on the application of Cottonwood Pass, a limited partner- ship, for an underground well water right filed August 31, 1977 and objection thereto filed by Park Ditch Company and John Sutey. Applicant is represented by John M. Dickson of Saunders, Snyder, Ross & Dickson, P.C., and Objectors are represented by Scott Balcomb of Delaney & Balcomb. The Court, having considered the pleadings and evidence, hereby enters the following Findings of Fact, Conclusions of Law, and Decree. FINDINGS OF FACT 1. Timely and adequate notice of this proceeding was given in the manner required by law, and the Water Judge sitting in this Court has jurisdiction over the subject matter of these proceedings and all parties affected hereby, whether they have appeared or not. Park Ditch Company and John Sutey filed a timely Statement of Opposition in this proceeding, and the time for filing additional statements of opposition has expired. • • 2. The Applicant is Cottonwood Pass, a limited copartner- ship, which filed this application, and later assigned it to Cattle Creek Ranch, a joint venture consisting of Frank Lerner and J.R. Sturgis, whose address is: c/o Frank Lerner, P.O. Box 9140, Aspen, Colorado 81611. Said Cattle Creek Ranch, a joint venture was substituted as Applicant by order dated September 12, 1977. 3. Name of well: Cattle Creek Well No. 2. 4. The legal description of the well location: Said well is located in Garfield County, Colorado, in the N'W1/4NW1/4, Sec. 8, T7S, R87W of the 6th P.P. approximately 800 feet from the north line gf and •150? feet from the west line of said Sec. 8. 5. The well is located in the watershed of Cattle Creek, a tributary to the Roaring Fork River. The well will be approximately 125 feet deep and will take water from the Cattle Creek alluvium. It should be administered as a part of the Cattle Creek surface appropriation system. 6. The date of initiation of the appropriation is June 9, 1977 by a geophysical survey to locate the well site. 7. The amount of water claimed is 100 gpm, conditional. 8. The proposed use of the water is all municipal uses, irrigation, domestic, as a central water supply system for a subdivision, and to fill Cattle Creek Reservoir which is Case No. W-3491 in this Court. 9. The State Engineer denied the application for a permit to drill the well. 10. This well is to be used in conjunction with a plan for augmentation which is the subject matter of Case No. W- 3496 in this Court. To the extent that a decree issued in said case authorizes the use of said well for irrigation, Applicant intends to use said well for irrigation of 14 acres. -2- •ONCLUSIONS OF LAW . • The Court has jurisdiction over the parties and the subject matter of these proceedings. DECREE IT IS ORDERED, ADJUDGED AND DECREED: 1. There is hereby awarded to Cattle Creek Well No. 2 .2 cfs (100 gpm), conditional, as of June 9, 1977, for all municipal uses, irrigation, domestic, as a central water supply system for a subdivision and to fill Cattle Creek Reservoir which is the subject matter of Case No. W-3491 in this Court. Said well is located in Garfield County, Colorado, in the NW1/4Nw1/4, Sec. 8, T7S, R87W of the 6th P.n. approx- imately S00 feet from the north line and 1500 feet from the west line of said Sec. 8. 2. Said well shall not be used in any way that violates the terms and conditions set forth in. the Decree entered in Case No. W-3496 in this Court. The water rights awarded to said well shall be administered as a part of the surface priority system of Cattle Creek. 3. This Decree is awarded on the condition that said well is completed with due diligence. An application for a quadrennial finding of reasonable diligence shall be filed in the month of 4r, , 1982 and in the same month of every fourth calendar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. DONE IN OP%i; CO RT- this .!-/ day of APPROVED: DELANBALCOr2B By Z //J C:_.( /?-ii, Attorneys for Park Ditch BY THE CU RT: --/x? 'Jate yTudg 1978. • Lo E.4 Leavenwor for himself and hei'eedham Di Company • IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 AND STATE OF COLORADO Case No. W-3490 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CATTLE CREEK RANCH, a joint venture IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: CATTLE CREEK IN GARFIELD COUNTY THIS MATTER came on for hearing FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE CATTLE CREEK WELL NO. 3 1978, on the application of Cottonwood Pass, a limited partner- ship, for an underground well water and objection thereto filed by Park Applicant is represented by John M. Ross & Dickson, P.C., and Objectors Balcomb of Delaney & Balcorb. right filed August 31, 1977 Ditch Company and John Sutey. Dickson of Saunders, Snyder, are represented by Scott The Court, having considered the pleadings and evidence, hereby enters the following Findings of Fact, Conclusions of Law, and Decree. FINDINGS OF FACT 1. Timely and adequate notice of this proceeding was given in the manner requirt_d by law, and the Water Judge sitting in this Court has jurisdiction over the subject matter of these proceedings and all parties affected hereby, whether they have appeared or not. Park Ditch Company and John Sutey filed a timely Statement of Opposition in this proceeding, and the time for filing additional statements of opposition has expired. 2. The Applicant is Cottonwood Pass, alimited copartner- ship, which filed this application, and later assigned it to Cattle Creek Ranch, a joint venture consisting of Frank Lerner and J.R. Sturgis, whose address is: c/o Frank Lerner, P.O. Box 9140, Aspen, Colorado 81611. Said Cattle Creek Ranch, a joint venture was substituted as Applicant by order dated September 12, 1977. 3. Name of well: Cattle Creek Well No. 3. 4. The legal description of the well location: Said well is located in Garfield County, Colorado, in the SE1/4SW1/4, Sec. 5, T7S, R87W of the 6th P.M. approximately 175 feet from the south line and 2450 feet from the west line of said Sec. 5_ 5. The well is located in the watershed of Cattle Creek, a tributary to the Roaring Fork River. The well will be approximately 125 feet deep and will take water from the Cattle Creek alluvium. It should be administered as a part of the Cattle Creek surface appropriation system. 6. The date of initiation of the appropriation is June 9, 1977 by a geophysical survey to locate the well site. 7. The amount of water claimed is 100 gpm, conditional. 8. The proposed use of the water is all municipal uses, irrigation, domestic, as a central water supply system for a subdivision, and to fill Cattle Creek Reservoir which is Case No. W-3491 in this Court. 9. The State Engineer denied the application for a permit to drill the well. 10. This well is to be used iri conjunction with a plan for augmentation which is the subject matter of Case No. W- 3496 in this Court. To the extent that a decree issued in said case authorizes the use of said well for irrigation, Applicant intends to use said well for irrigation of 14 acres. -2- • CONCLUSIONS OF LAW The Court has jurisdiction over the parties and the subject matter of these proceedings. DECREE IT IS ORDERED, ADJUDGED AND DECREED: 1. There is hereby awarded to Cattle Creek Well No. 3 .2 cfs (100 gpm), conditional, as of June 9, 1977, for all municipal uses, irrigation, domestic, as a central water supply system for a subdivision and to fill Cattle Creek Reservoir which is the subject matter of Case No. W-3491 in this Court. Said well is located in Garfield County, Colorado, in the SE1/4SW1/4, Sec. 5, T7S, R87W of the 6th P.M. approx- imately 175 feet from the south line and 2450 feet from the west line of said Sec. 5. 2. .Said well shall not be used in any way that violates the terms and conditions set forth in the Decree entered in Case No. W-3496 in this Court. The water rights awarded to said well shall be administered as a part of the surface priority system of Cattle Creek. 3. This Decree is awarded on the condition that said well is completed with due diligence. An application for a quadrennial finding of reasonable diligence shall be filed in the month of rird every fourth calendar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. f DONE IN OP=CO Ri this <2/ day of , 1982 and in the same month of &V/ BY THE COURT : J/ilk , 1978. ter Jdge -3- • • APPROVED: DELANEY & BALCOMB By /LCL l , c4f Attorneys for Park Ditch Company and John Sutey L 41 E/� Leavenw a Th Needham for himself h Company IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 AND STATE OF COLORADO Case No. W-3491 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CATTLE CREEK RANCH, a joint venture IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: CATTLE CREEK IN GARFIELD COUNTY THIS MATTER came on for hearing 1978, on the application of Cottonwood Pass, right filed August 31, 1977 and FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE CATTLE CREEK RESERVOIR b/d "Zi- a limited partner- ship, for a reservoir storage objection thereto filed by Park Ditch Company and John Sutey. Applicant is represented by John M. Dickson of Saunders, Snyder, Ross & Dickson, P.C., and Objectors are represented by Scott Balcomb of Delaney & Balcomb. The Court, having considered the hereby enters the following Findings of pleadings and evidence, Fact, Conclusions of Law, and Decree. FINDINGS OF FACT 1. Timely and adequate notice of this proceeding was given in the manner required by law, and the Water Judge sitting in this Court has jurisdiction over the subject matter of these roceedings and all parties affected hereby, whether they have p filed a timely appeared or not. Park Ditch Company and John Sutey lent of Opposition in this proceeding, and the time for filing Staten additional statements of opposition has expired. • 1 2. The Applicant is Cottonwood Pass, a limited copartner- ship, which filed this application, and then assigned it to Cattle Creek Ranch, a joint venture consisting of Frank Lerner and J.R. Sturgis, whose address is: c/o Frank Lerner, P.O. Box 9140, Aspen, Colorado 81611. Said Cattle Creek Ranch, a joint venture was substituted as Applicant by order dated September 12, 1977. 3. The name of the reservoir is: Cattle Creek Reservoir. 4. The legal description and location of the dam is: The southeast end of the proposed dam is located at a point whence the southwest corner of Sec. 8, T7S, R87W of the 6th P.M. bears south 47°00' West a distance of 2450 feet. The reservoir is an off - stream reservoir. 5. Source of water: Cattle Creek, a tributary to the Roaring Fork River and local drainage lying above dam. The water is to be delivered into said Cattle Creek Reservoir by means of Eureka Ditch, the headgate for which is located on the south bank of Cattle Creek in the NW1/4 of the NE1/4 of Sec. 11, T7S, R87W of the 6th P.M. in Eagle County, Colorado. It may also fill from three wells located in Garfield County on Applicant's land approximately as follows: Cattle Creek Well No. 1: NE1/4NW1/4, Sec. 8, T7S, R87W of the 6th P.M. approximately 500 feet from the north line and 1700 feet from the west line of Sec_. 8, T7S, R87W of the 6th P.M. Cattle Creek Well No. 2: NW1/4NW1/4, Sec. 8, T7S, R87W of.the 6th P.M. approximately 800 feet from the north line and 1150 feet from the west line of Sec. 8, T7S, R87' of the 6th P.M. Cattle Creek Well No. 3: SE1/4SW1/4, Sec. 5, T7S, R87W of the 6th P.M. 175 feet from the south line and 2450 feet from the west line of Sec. 5, T7S, R87W of the 6th P.M. 6. The date of appropriation is: June 8, 1977. The appropriation was initiated by.a survey to locate the reservoir -2- site on that date. •le amount of water approplated is 60 acre feet to be used for irrigation, domestic, industrial, municipal, recreational and subdivision purposes, either directly or by exchange. The reservoir is to be used under theprovisions of the Decree issued by this Court in Case No. W-3496. CONCLUSIONS OF LAW The Court has jurisdiction over the parties to and the subject matter of this proceeding. DECREE IT IS ORDERED, ADJUDGED AND DECREED: 1. There is hereby awarded to Cattle Creek Reservoir the right to fill c..r_d 1 with a priority date of June 8, 1977, to its capacity of 60 acre feet, said reservoir being described more in detail in the findings above. Said reservoir may be filled &r.d—re 1 on its priority through the Eureka Ditch, whose headgate is located as described above. Said reservoir may also be filled with water through the wells described above on the reservoir's priority at the maximum pumping rate of said wells. 2. Said water may be used continuously directly or by exchange for irrigation, domestic, industrial, municipal, recreational( and subdivision purposes. 3. The reservoir shall not be used in any way which violates the conditions and terms of the decree issued by this Court in Case No. W--3496. 4. This Decree is awarded on the condition that the reservoir is completed with due diligence. An application for a quadrennial finding of reasonable diligence shall be »/ filed in the month of ,,/%, 1982 and in the same month of every fourth calendar year thereafter so long as the -3- Claimant desires .maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. DONE 'T 1978. APPROVED: DELANEY & BALCOMB By this 24 day of BY THE CQURT : ///� eater Judge/ Attorneys for Park Ditch Company and John Sutey L• 1 E Leavenwo th for himself and she Needham Di Company IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 AND STATE OF COLORADO Case No. W-3488 IN THE ATTER OF THE APPLICATION FOR WATER RIGHTS OF CATTLE CREEK RANCH, a joint venture IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: CATTLE CREEK IN GARFIELD COUNTY THIS MATTER came on for hearing FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE CATTLE CREEK WELL NO. 1 27/1 4 1978, on the application of Cottonwood Pass, a limited partner- ship, for an underground well water right filed August 31, 1977 and objection thereto filed by Park Applicant is represented by John M. Ross & Dickson, P.C., and Objectors Ditch Company and John Sutey. Dickson of Saunders, Snyder, are represented by Scott Balcomb of Delaney & Balcomb. The Court, having considered the pleadings and evidence, hereby enters the following Findings of Fact, Conclusions of Law, and Decree. FINDINGS OF FACT 1. Timely and adequate notice of this proceeding was given in the manner required by law, and the Water Judge sitting in this Court has jurisdiction over the subject matter of these proceedings and all parties affected hereby, whether they have appeared or not. Park Ditch Company and John Sutey filed a timely Statement of Opposition in this proceeding, and the time for filing additional statements of opposition has expired. 2. The Applicant is Cottonwood Pass, a limited copartner- ship, which filed this application, and later assigned it to Cattle Creek Ranch, a joint venture consisting of Frank Lerner and J.R. Sturgis, whose address is: c/o Frank Lerner, P.O. Box 9140, Aspen, Colorado 81611. Said Cattle Creek Ranch, a joint venture was substituted as Applicant by order dated September 12, 1977. 3. Name of well: Cattle Creek Well No. 1. 4. The legal description of the well location: Said well is located in Garfield County, Colorado, in the NE1/4NW1/4, Sec. 8, T7S, R87W of the 6th P.M. approximately 500 feet from the north line and 1700 feet from the west line of said Sec. 8. 5. The well is located in the watershed of Cattle Creek, a tributary to the Roaring Fork River. The well will be. approximately 125 feet deep and will take water from the Cattle Creek alluvium. It should be administered as a part of the Cattle Creek surface appropriation system. 6. The date of initiation of the appropriation is June 9, 1977 by a geophysical survey to locate the well site. 7. The amount of water claimed is 100 gpm, conditional. 8. The proposed use of the water is all municipal uses, irrigation, domestic, as a central water supply system for a subdivision, and to fill Cattle Creek Reservoir which is Case No. W-3491 in this Court. 9. The State Engineer denied the application for a permit to drill the well. 10. This well is to be used in conjunction with a plan for augmentation which is the subject matter of Case No. W- 3496 in this Court. To the extent that a decree issued in said case authorizes the use of said well for irrigation, Applicant intends to use said well for irrigation of 14 acres. • • CONCLUSIONS OF LISW The Court has jurisdiction over the parties and the subject matter of these proceedings. DECREE IT IS ORDERED, ADJUDGED AND DECREED: 1. There is hereby awarded to Cattle Creek Well No. 1 .2 cfs (100 gpm), conditional, as of June 9, 1977, for all municipal uses, irrigation, domestic, as a central water supply system for a subdivision and to fill Cattle Creek Reservoir which is the subject matter of Case No. W-3491 in this Court. Said well is located in Garfield County, Colorado, in the NE1/4NW1/4, Sec. 8, T7S, R87W of the 6th P.M. approx- imately 500 feet from the north line and 1700 feet from the west line of said Sec. 8. 2. Said 'veil shall not be used in any way that violates the terms and conditions set forth in the Decree entered in Case No. W-3496 in this Court. The water rights awarded to said well shall be administered as a part of the surface priority system of Cattle Creek. 3. This Decree is awarded on the condition that said well is completed with due diligence. An application for a quadrennial finding of reasonable diligence shall be filed in the month of /lbrr% , 1982 and in the same month of every fourth calendar year thereafter so long as the.claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. DONE ' =OREH-^C3U?.T this � day of BY THE Ce T: `7 APPROVED: DELANEY " & BALCOMB .)ll8 > �"�(, .(. By 7\f-i-nrnavc fnr Part- T) i t- (m r-/7-// , 1978. fat r v idg� Lo1 E! Leavenw and Th Needham D`L h Company •