HomeMy WebLinkAbout3.0 Correspondence and ConditionsGlenn Hartmann
From:
Sent:
To:
Subject:
Julie Hanson <jhanson@bch-law.com>
Thursday, October 15, 2015 10:02 AM
Glenn Hartmann
Lindauer Laydown Yard
Hi Glenn: Below is a response from Caerus on your follow up questions for the Puckett Lindauer property. Will the e-mail
below suffice or would you like further documentation?
Thanks,
Julie
Please note new e-mail address:
ihanson@bch-lavv.com
Julie S. Hanson
Beattie, Chadwick & Houpt, LLP
932 Cooper Avenue
Glenwood Springs, CO 81601
Tel: (970) 945-8659
Fax: (970) 945-8671
jhanson@bch-law.com
www.bch-law.com
This message contains information which may be confidential and privileged under the attorney-client privilege, the work product
privilege, or both. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to
anyone the message or any inf<rrmation contained in the nressage. Ifyou have reccived the message in error, please advise the sender
by reply e-mail, and delete the message. Thank you very much.
From: Julie Hanson
Sent: Friday, September 17, 20tS 2:34 PM
To: iianicek@caerusoilandgas.com
Subject: FW: HEADS UP-Lindaauer Laydown Yard
Hi Jake: I presented this to Garfield County and they think it is great. They asked for a couple of follow up things:
1. Can you send me an e-mail with a "general broad statement" (the County's words) that says Caerus is in
compliance with all re-vegetation, dust mitigation, surfacing and idling restriction requirements set forth in
Resolution 20'10-18. I get the feeling that it can almost be as broad and simple as just that. Here is my
statement: Caerus Piceance, LLC is complying with all re-vegetation, dust mitigation, surfacing, and idling
restriction requirements set forth in Resolution 2010-18.
2. Can you send me an e-mailthat says what each of the BMP numbers represents? The BMP numbers
correspond to a stormwater database that is used to track state-required stormwater inspections and the condition
of best management practices (BMP). Each BMP on a site is numbered for transparency so maintenance
concerns can be clearly understood by state auditors or BMP maintenance contractors.
Thanks, and please let me know if you have any questions.
Julie
Please note new e-nruil address:
jhanson@bch-law.com
lrfo S. Hanson
Beattie, Chadwick & Houpt, LLP
932 Cooper Avenue
Glenwood Springs, CO 81601
Tel: (970) 94-5-8659
Fax: (970) 945-8671
jhanson@bch-law.com
www.bch-law.com
This message contains information which may be confidential and privileged under the attorney-client privilege, the work product
privilege, or both. Unless you are the addressee (or authorizcd to receive for the addressee), you may not use, copy or disclose to
anyone the message or any information contained in the message. If you have received the message in error, please advise the sender
by reply e-mail, and delete the message. Thank you very much.
From : Ja ke Ja n ice k Ima i lto :JJa nice k(ocae ruso ila ndsa s.com]
Sent: Wednesday, July 08, 2015 2:04 PM
To: Julie Hanson <ihanson@bch-law.com>
Cc: Jake Janicek <JJanicek@caerusoilandgas.com>; Terry Tracy <ittracy@springsips.com>
Subject: FW: HEADS UP-Lindaauer Laydown Yard
Julie,
Attached is a site map which documents completion of all re-vegetation requirements, gravelsurfacing, and stormwater
drainage improvements for our Laydown Yard along Garfield County Road 215 per your email below. Please review and
let me know if you have any questions.
Thanks
Jake
Jake Janicek
EHS Professional
120 North Railroad Ave. Parachute, CO 81635
Office:970-285-9606 | Mobile: 970-778-2314ljjanicek@caerusoiland gas.com
This email, including attachments, may include confidential and/or proprietary information, and may be used only by the
person or entity to which it is addressed. Please do not read, copy or disseminate this communication unless you are the
intended addressee. If you received this communication in error, please permanently delete immediately. Also, please notify
immediately via e-mail that you have receiyed this message in error.
120 Nor$ Ralud Aw-
Pmhre, CO81035
TEL 970.285.986
SITE MAP
Caerus Lay Down Yard
Garfield County Colorado
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Community Development Department
September 29,2O15
Julie Hansen
Beattie, Chadwick & Houpt LLP
923 Cooper Ave.
Glenwood Springs, CO 81601
RE: Lindauer Yard/Puckett Land Co. Minor Subdivision
(File MISA-7830)
Dear Julie:
Thanks for the providing the final draft of your plat for our review. We also received your request
for additional time to finalize and record the plat. The Application was approved by a Director's
Decision Letter dated April 9, 2015 and previous extension requests have been granted through
October 6, 2015.
Your request was received in a timely fashion in accordance with the provisions of the Land Use
and Development Code. An additional 30 days of time to submit your plat in a form ready for
recording is hereby granted. The extension will run through November 5,2015.
Sincerely,l^-
Tamra Allen, AICP
Planning Manager
Community Development Department
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 94s-82t2
aL,q
Glenn Hartmann
From:
Sent:
IO:
Subject:
Julie Hanson <jhanson@bch-law.com>
Thursday, September 24,2OL5 12:52 PM
Glenn Hartmann
Extension
Hi Glenn: lt looks like I am going to need to request another extension on Lindauer - Bob Brandeberry from SGM called
yesterday and is going to finalize the plat and then we will get it to you for review prior to making the mylar. This e-mail
serves as a request for an extension through October 30, 2015.
Thanks,
Julie
Please note new e-mail address:
ihanson@bch-law.rcm
Julie S. Hanson
Beattie, Chadwick & Houpt, LLP
932 Cooper Avenue
Glenwood Springs, CO 81601
Tel: (970) 945-8659
Fax: (970) 945-8671
jhanson@bch-law.com
www.bch-law.com
This message contains information which may be confidential and privileged under the attorney-client privilege, the work product
privilege, or both. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to
anyone the message or any information contained in the message. If you have received the message in error, please advise the sender
by reply e-mail, and delete the message. Thank you very much.
Glenn Hartmann
From:
Sent:
To:
Subject:
Glenn Hartmann
Friday, September !L,2OL5 4:36 PM
Julie Hanson
Lindauer Minor Subdivision
HiJulie: Thanks again for meeting with us this morning. Follow-up notes and comments are summarized
- Once you receive the edited plat please forward it to us for a final review.
- Please make sure to include the approved plat note language on water.
- The notes currently listed under Plat Notes on the right side of the first sheet (dealing with zoning, flood plain,
and the existing approvals)are not required and can be removed.
- Please provide a legend for the Site Map - BMP delineations.
- Please provide an overview statement regarding Condition #5 of the Director's Decision and compliance with
previous conditions of approval for the Storage Yard.
- The new deed with the deed restriction consistent with the plat note will need to be recorded with the
plat. Once recorded please provide a copy for inclusion in your file.
Please call or email if you have any questions. Thanks for all your work on finalizing the plat.
Sincerely,
Glenn Hartmann
Community Development Depa rtment
I)wi,t
Ittt7&,^ - (-'-q 'l 0'tdr','*Yn"n(
Guffield County
Comm unity Development Department
September 8, 2015
Julie Hansen
Beattie, Chadwick & Houpt LLP
923 Cooper Ave.
Glenwood Springs, CO 81601
RE: Lindauer Yarcl/Puckett Land Co. Minor Subdivision
(File MISA-7830)
Dear Julie:
The County has received your request for an additional extension of time to file the Lindauer
Yard/Puckett Land Co. Minor Subdivision Plat. The Application was approved by a Director's
Decision Letter dated April 9, 2015 and a previous extension request was granted through
September 6th. Your request was received in a timely fashion in accordance with the provisions
of the Land Use and Development Code. Your extensive work on the plat to prepare it for
execution has been noted by Staff.
An additional 30 days of time to submit your plat in a form ready for recording is hereby granted.
The extension will run through October 6, 2015.
Sincerely,l-
Tamra Allen, AICP
Planning Manager
Community Development Department
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(97O) 945-82t2
Proposed Plat Note - Parcel L
Parcel t has no physical or legal supply of water. The use of Parcel 1 shall be restricted to a storage
yard as provided for in the Land Use Change Permit pursuant to Resolution 2010-18. No
residential, commercial or other use shall be allowed on Parcel 1 without prior approval by the
Garfield County Community Development Director in regards to the provision of adequate,
reliable, physical, long-term and legal water supply for any other type of development proposed
pursuant to the Garfield County Land Use and Development Code.
Glenn Hartmann
From:
Sent:
To:
Cc:
Subject:
Attachments:
Glenn Hartmann
Friday, August 28,2015 5:04 PM
'Julie Hanson'
Kelly Cave
RE: Puckett - Lindauer
Scanned from a Xerox Multifunction Device.pdf
Hi Julie: Kelly and I have spent time reviewing the plat but I hadn't finalized a set of comments to you. I apologize for
the delay. Outline below are edits that are needed. lf you have already made some of the changes that is great. Please
run a final draft by us electronically once the edits are complete. I can also bring by your office a red line version of the
plat with the edits noted if that is helpful.
Correction of title to read Minor Subdivision and removal of reference to Exemption.
References to Subdivision Exemption in the Job Title on both sheets needs to be corrected to reference Minor
Subdivision
Remove aerial photograph background from the plat. Keeping the improvement information is acceptable.
References on the plat to Parcel 2 as the remainder, easterly and westerly portions should be removed. The
entire acreage for Parcel 2 should be reflected.
Replace County Commissioners Certificate with correct text (see attached)
lf the Title Certificate will be signed by your Attorney the full certificate text is needed, if it will be signed by the
Title Company it is fine.
Certificate of Dedication and Ownership needs to be updated with: 1) Correct reference to the Subdivision to
read Minor Subdivision and eliminate references to subdivision exemption; 2) Legal description for Parcel 2
should have the references to remainder, and west and east portions removed; 3) The complete text for the
certificate needs to be utilized (see attached), there is a last paragraph that is missing; 4) The easement
reference at the end of the legal needs to be discussed with Kelly.
There are a couple of plat notes (zoning and flood plain references) shown on the right side of Sheet 1, that are
not required by the County's approval. Clarification regarding their purpose and whether they are needed
should be discussed.
Page 2 also needs to have title changed to Minor Subdivision with references to Exemption removed.
The final wording for the Plat Note restriction on water needs to be added to the Plat. I have language from Kelly but
need to confirm with her that it has her final approval. We also need to review with Kelly a copy of the deed and deed
restriction language.
We should also review the status of Condition #5 of the Director's Decision and the documents that you have previously
provided.
I will call to check in with you on Monday and provide additional information on the above items. I will prioritize your
wrap up in anticipation of an early September date for getting the Board's sign-off.
Thanks.
Glenn Hartmann
Com m unity Development Depa rtment
From:
To:
Cc:
SubJect:
Date:
Attachments:
ittracy@sorinosi os.com
Julie Hanson
iianicek@caerusoilandgas.com
Fw: Drfueway permit
Thursday, July 09, 2015 1:46:49 PM
20 1s0709132940339.pdf
Julie,
Please find attached the driveway permit for the Puckett laydown yard. The driveway was
constructed as per the conditions set forth in the application and remains in compliance today.
Please let me know if you need additional information or have any questions?
Thank you
Terry Tracy
970-285-9606 office
97O-734-7078 cell
From: Bonnie Grant [mailto: bgrant@caerusoilandgas.com]
Sent: Thursday, July 09, 2015 t:27 PM
To: jttracy@springsips.com
Subject: Driveway permit
TAERUS\;ev
Bonnie Grant
120 North Railroad Avenue
P.O. Box 238
Parachute, CO 81635
bgrant@caerusoiland gas.com
Office: (970) 285-9606
Fax: (970) 285-9619
Person Obtnlntng Pernrtfi Petruleum Developnrcnl Cor'1t,
Applicnti on D n t e : I 2/1 4/0 I
Cou n ty Ro ad Nuntb er : 2 I 5
Dec. 15, 2009 l: lSPM 0arfield County Road & Bridge
Dlslrlct;2
t,lo, I 68i P,2
Pemilt Nuntb er : GRB 0 9'D - S 3
Ternhr atl on D nte : 01/1 4/201 0
Iuspeclor: ,IakeMall
l,8
-
hereby requests pennlsslon and authouity frorn tho Board of county Cornrnlsslonots to conshuct a drivervay approaoh (es)
on tfre rlght of"uivorf oiCounty ioaapgi 7042, +t-North of itttls Marker 5, Counfy Road 215, locnted on the
S&gl sldo of road for tho purposo of obtalning f,ccoss to proporty.
Applfcant submits horewith for ge conslderation and-approval of tho Boatd of County Commlssloncrs, a sketch of tho
proposed installation shorving all the necessary speoifioation dotail inolrrdingl
l. Frontago of lot along roatl.
2, Distanco from contorllno of t'oadto proper{y tlno.
3. Number of drivowaYs requested
4, Wldth ofproposed drlvoways and anglo of apptoach.
S, Distanco from drivewny to tuad intersection, if nny.
6. Slzo and shapo of aron ioparatlng drivoyays If moro tltan otto appronolt.
7. Setbaok distance of building(s) and other structut'e improYomeuts,
s. No unloading of equipmenlon county road, any clamago cansed to county road rvlll be repahet{ at subdivlslon
oxponso,
9. Rosponsible for two years fronl the dnte of conrpletion.
1)
2)
3)
4)
5)
Geuernl Provlslons-
The applicnnt represents all pnrtlos in interest, and affinns that the drivervoy,approach (os) is to be consh'ucted by
him foi t5s bonjfido purpo* of securlrrg occbrs to hts proporty and not for tllo purposo of dolng brrslnoss or
servicing vehioles on tho road right of rvay.
Tho applicaut shall ftrnish alt tabor and materials, porfonn {t ygl'k, and pay all costs in-cotuteotion rvith tho
constniction of the drivervay(s). All rvork shall be conrpleted within thirty (30) days of tho pelnrlt dato.
Tho typo of construction shall be as designated aud/or approved-by tho Board of County Commissioners or their
r.cprelintativo and all materlals used strait be of satlsfaciory quality and subJect to inspectlon and approval of the
Board of County Cotnmissionors or thoir ropresentativo,
Tho travoling publio shall be proteoted durlng tho irrstattatlon with proper rvauring_ slgns aud signals.and tho Board
oiCor,,ty Ciirmission".s ani their duly app-ointed agents and emp-ldylo shall bo^hold hatrnless ngainst any ection
i* pi*i ri lnjury or proporty damago iusia'lned by any renson of tho oxerolso of tho Ponnlt.
The Appllcnnt shall assume responsibitity for the rpmoval or clearance of snow, lco, orsleet upon any potlion of
ril}i.ir;*y uppro.ofitiri evorr though ?oposited orr tho driveway(s) ln tho coutso of tho County snow l'omoval
opefations.
Dec' 15, 2009 l: ISPM 0arfield countv Road & Bridge l{o,1687 P. 3
'6) In the event it beconres necessary to removo any tlght-of-rvay foncq tho posts onolther slds of tho ontrancs shall
bo suroly braced before tho fonc.e is cut to provont any slaoking of tho romahring feuco nnd nll posts and wiro
rernoved shalt be turned over to tho District Rond Supervisor of the Board of County Commlssloners.
z) No revisions or additions shalt bo rnade to tho dlivervny(s) or its opputtenances on tho right-of-rvay without
writtenpermlssiotr of tho Boarrl of County Conlmlssloners.
8) Provisions and specifioatious outlined herein shall apply on all roatls nnder theJurlsdlctlon of tho Board of County
Commlssioners 6f Oarlleld County, Coloraclo, and the Speci{ioatlons, sot forth orr tho attaohed hereof nnd
ilrcorporated hereirr as conditions hereof.
9) Fiual iuspeetlon of drlveway wIll [e requlred upou cornpletiou and rrrust be applovcil by portorr issultrg
perrnit ol.-rop.resentntlvo of porsotr lsstring petnrlt Tho luepectlon nnd slgn off nrttst be rlono pt'lor to nny
CO frotn tlre Dulldlng nntl Plnttnlttg Deparlment Ilelug lssueil.
10) Contractor agrees to nll Provlglons ln Exhlblt A.
Sneclal Condltlonsr
1. DrivewayWldth- 40 feet
2, Culvet't requlred? Trrto Slzor lSrt
5. Asphalt orioncrete part requlrerl? Truo Size of pad: 3O-footrvido x 10 footlongx 4 inches thlck
4, Gxavel porllotr r'equlrerl? t\rto Lengthr 40 Foot
5, Trees, brrtsh and/ol foncs need to be retnovetl for vlslblllty? t'alse
6. Dlstanco auil Dh'ectiour
7, Cortlfled Trnfflc ConlrolReqttlved? Fqlce
8. Workeoue sigus requireil? True
In sigrring this applicatlon and uporr receivirrg authorizatiorr and pernrisslon to install the drlveway approaolt (os)
dosor.ibed horoln tho Appllcant slgnlfies that ho has road, understauds and accopts tho forogoing provisiorrs and oonditions
and agrees to oonstructihe dr.iveway(s) in nccordance rvith tho acconrpanyitrg specification plnn tovlervecl and approved
of Cortnty Comtnlsslonors.
srgued: V\( t t# GiN /,r,;,.f ;f,r,$,)
QB*tr^#rC/,, ?/6EsAddress;
Telophono *rurro,
Per:rnit grante d72l14tlg, subjoct to tho provlslons, specllicatlons and cortdltions stlpulated hereiu.
For B oar d of Cou nty Comrn ls s lonot's' of Garftetd Cou uty, Colorud o l
Reprosentalivo of Garfield County Road and Brldgo Slgnaturo
gec.l), tvvy l:lurM rrarlteld u0unty [0ad 6( u,il0ge [0. t0ut r, q
A drivelay appronch is understood to bs that portlon oftho county road rlght-ofrvay bohveon tho pavortront odgo
arrd tho proporty lino that is deslgned and used fot tho lntorohango of traflio between the roadway antl abutting
propedy.
At any lntersection, a drivoway shall bo roslricted fol a suffioiont dlstanco ftom tho lntorsectlon to preseruo tho
normal and safe movenrent of traffio. (It ls rccornmended for rural residencs entrnnces that a rnininrum
irrtersectlon otearanco of 50 feet bo provided and for rural cornrnorolal ontrancss a minimum of 100 feetbo
provlded.)
All entrances and oxits shall bo so locatcd and conshucted that vehicles approachlng or uslng thorn rvill bo able to
obtain arlequato slght distanco in both dirsctions along tho county road in order to mrinouvol' safoly nnd without
intorferini with county road traffic.
4. Tho Applloant shall not bo pennitted to ereot any sigrr or dlsplay rnaterial, slther fixed or movable, on or
oxtendlng over any porlion of tho county road rlglrt-of-rvay.
5. GenernllS no rnoro than ono approach shall be allowed arry parcol or proporty the frontngo of rvhlch ls less than
ono hundred (100) feet. Additional ontrsncos or oxlts for parcels havlng a frontoge in excess ofono hundrcd 100)
feet shall bo pennitted only after shorving ofactual oonyonlonco and necosslty.
6, All drivorvays shatl be so locatetl that tho flared portlon adjacont to ths travsled rvay rvill not encronch upon
adJoining property,
7, No cotntnerclal drlvorvay shall have a rvidth grentel tharr thtlty (30) feot measurod at rlght anglos io tho centerlilre
of the driveway except as inoreased by ponnissiblo radli. No noncommeroinl drivervay shall havo n rvldth goater
thau hvonty (20) feet nreasured nt right angles to tlro centerlins oftho drlvervay, except as inueased by
pernrlssible radii,
8, The axls of art approaoh to tlto road nray be nt a right anglo to tho contorllno of tho county road and of nny anglo
botrveen ninety (pQ) degees and slxty (60) dogreos but shall not be less than sixty (60) degrcos. Adjustmont rvlll
bo rnads accordlng to the typo oftraflio to bo served nnd othorphyslonl condltlons.
g. Tho conskuction of pnrking or sorvioing areas on tho county road light-of-rvay is specifically prohibiterl,
Commerpiat establlshrnents for customer vehicles should provido off.the-roacl puking faoilities.
I0, Tho grRdo of entranco and exit shall slope dorvnward aud arvay from lho road surfnco Rt tho sorne rate qs tho
nonnal shoulder slopo aud for a dlstance equal to the rvidth ofthe shouldor but ln no oaso loss ihan hventy (20)
feet ftorn flto pavement edge. Approach grados aro rostrioted to not more than ten porcent ([09/o),
I l. All drivorvoys and approaohes shall bo so consh'ucted that theyshtll not interfero rvith tho dralnago systom ofthe
streot or county road. Tho Appllcant rvill bo requircd to plovido, at hls orvn oxpense, dralnago shuctures at
entrarrces and exits, whlch rvlll becortto an lntegral patt of tho oxisting draiuago bystom. Tho Board of County
Corntnlssloners or thelr representative, prior to instaltatlon, must approve the dlmerrsions and types of oll drainago
struchlres.
Noter 'fhis pcnnit shall be rnorle nvallnbls ot tho slte rvhoro and rvhen work ls bclng dono, A work rlrefch or
drarviug of tho proposed alrlvoway(s) urust flccornpouy nppllcation. No perrnltrvlll bo lssuod rvlthout draling,
blucprlut, or sketch.
t.
2.
3.
Guffield County
July 8,2015
Julie Hansen
Beattie, Chadwick & Houpt LLP
923 Cooper Ave.
Glenwood Springs, CO 81601
RE: Lindauer Yard/Puckett Land Co. Minor Subdivision
(File MISA-7830)
Dear Julie:
The County has received your request for an extension of time to file the Lindauer Yard/Puckett
Land Co. Minor Subdivision Plat. The Application was approved by a Director's Decision Letter
dated April 9,2015.
The latest draft of plat is currently under final review by the Planning Office and County
Attorney's Office. Your request outlines the need for additional time to obtain final signatures on
the plat as the President of Puckett Land will not be available this week.
Your extension request was submitted in a timely fashion in accordance with the provision of the
Land Use and Development Code. An additional 60 days of time to submit your plat in a form
ready for recording is hereby granted. The extension will run through September 6, 2015.
Please feel free to contact this office if you have any further questions or updates.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 94s-8212
Fred Jarman, AICP
Director, Community Development Department
Community Development Department
Proposed Plat Note - Parcel 1
Parcel t has no physical or legal supply of water. The use of Parcel I shall be restricted to a
storage yard as provided for in the Land Use Change Permit pursuant to Resolution 2010-18. No
residential, commercial or other use shall be allowed on Parcel 1 without prior approval by the
Garfield County Community Development Director in regards to the provision of adequate,
reliable, physical, long-term and legal water supply for any other type of development proposed
pursuant to the Garfield County Land Use and Development Code.
fM 61 Drd
b"Tfu:?
lLt t'l-
V,^ u*L
Garlield County
Building & Planning DePartment
l@ 8th Street Suite 40'l
Glenwood Springs, CO 81601'
Phono: (970)94+8212 Fau.: (970)384-3470
5325 CR 215
PARACHUTE, CO 81635.
Puckett Land company 1-::-::::"-:I-- ^.r rn4r{ (303)763'1000
Greenwood Village CO 80'lll
WPX Energy Rocky Mountaln' LLC
Valuation:
Total Sq Feet:
$o.oo
0
FEES PAID
InvTotal PaWPc Amt Pald Amt Oue
lnv # SEPT-Il-14-23268
g123.00 Check # 3057293847 U2!L00-
$0.00
Required lnsPections:
Fd rn.p.ctro, orr : 1(888)868-5306
lnspaction
. See Permit Record
Building Department
copy
Propos.d Comtructlon, Dotalls
vautt & haul ISDS for STEH on Well Pad GM 11-28
FEES DUE
Fee
Septic Fee - New
Total:
Amount
$123.00
ilonday, November 10, 2011
ryffitw*M.'
Prcioct Add.33
-* *"t d^t il i\J hiiprmunlty Devetopment Depa
R$iUtlh Y I'
^.19' 11::'"-::f'* :91
Development Department
.no\ 1 u t$1\ ,,
u'""*E;;TllT;i181501
_ .,.rciLrt n C0Ui'ill,,T www.garfietd-countv.com
,t,tliitiii utt ,,t'0.',, "'
Tffi
X New lnstallation E Alteration EI Repair
wesre rvpr
X Dwellir,C I EI transient Use | tr Comm/lndustrial I EI Non-Domestic
E other Describe
-
INVOTVED PARTIES
Property Owner: Puckett Land Companv Phone: (303) 763-1003
Mailing Address: 5406 S Quebec Street. Suite 250. Greenwood Villaee. CO 80111
Contractor:WPX EnerEv Phone: ETOI 285-9377
Malllng Address:PO Box 37O. Parachute. CO 81535
Englneer:David Fox Phone: (970) 250-5505
Malling Address: PO Box 370. Parachute. CO 81635
Job Address:GM 11-28 - See the attached olat for descriotion
Assessorr's Parcel Number: 217129100005 Sub.Lot _ Block
-Buildlng or Service Type: Temporarv office & house #Bedrooms: 2 Garbage Grlnder No
Dlstance to Nearest Community Sewer System: NA
Was an effort made to connect to the Community Sewer System:NA
Type of OWTS E septlcTal*Itr Ataiionptant I xvauh | tr vautterry | tr CompostlngTollet
E Recycllnt, Potable Use E Recycllng | tr rn prUf I E lnclneratlon Tollet
E chemlcal Tollet X Other Hauled to Down Vallev Waste for thelr disoosal
Ground Condltlons Oept[toTCroundwatertable-NA- | PercentGroundSlope NA
Final Disposalby trAbsorpttontrench,Bedorplt ltrUndergroundDlspenal | tr $oveCroundDlsperral
E Evapotransplratlon E wasiewater Pond | tr sand Fllter
X Other Hauled to Down Vallev Waste for thelr dlsoosal
Water Source &Type tr Well E Sprlng El StreamorCreek E clstern
X Communlty Water System Name Down Vallev Seotic and Waste
Effluent Wlll Effluent be dlscharged dircctly lnto waters of the State?tr Yes XNo
ONSITE WASTEWATER
TREATMENT SYSTEM
(owrs)
PERMIT APPLICATION
.I
Applicant acknowledges that the completeness of the application as conditiona! upon sucn tunner
nidndatory and addii'ronaltest and reiorts as may be required by the local healthdepartment to be
made and'furnished by the applicant br by the loial healih department for pu.rposed.of the evaluationmade and turnishecl by the appltcant or oy tne local nealtn oepanment Tor purposeo,ot rne
of the application; and the isiuance of thd permit is subject to such -terms ahd ionditions as deemed
necessa'ry to insuie compliance with rules ind regulatiohs made, information and-reports submitted
herewith'and required tir be submitted by the applicant are or will be represented to be true and
correct to the be'st of my knowledge and belief and are designed to be relied on by the local
department of health in'evaluatinf the same for purposes of issuing the permit app[ie.d for herein. I
further understand that any falsifiiation or misre'presentation may result in the denial of the
application or revocation of any permit granted based upon said a'pplication and legal action for perjury
as provided by law.
! hereby acknowledge that t have read and understand the Notice and Certiflcation above as well as
have prouided the required which ls correct and accurate to the best of my knowledge.
Speclal Condltlons:
Permlt Fee:
l23.DD
Perk Fee:Ma-Total Feesl
l2-7.4D
Fees Pald:l?,r.w
Bulldlng Permlt Seotlc Permlt:W-4{to lsiue Date!
Ir -tD- l+
BalanceDu",
b
BLDG DIV:
.t 123.0b 'ft joSTtl a lt -lvl/
tl-l o, I r[
GM ll-28 \
Vault System Description
The site witl temporarily office and house up to a maximum of four individu-
als during natural gas drilling activities and is expected to be completed in
one yeaior less. The individuals will occupy two individualtrailer offices/
houses located on the well pad. ffice/houses have Colorado Division of
Housing compliance tags.
One aboveground sewage holding tank with 4000gallon capacity on-site.
The Vault Syetem is displayed in both of the pictures. Sewage flows esti-
mated to be 300 gallons/day (4 individuals x 75 gpcd). Sewage holding
tank needs to be emptied approximately every 13 days (40O0 gallons/
300 gallons per day). Wastewater vault is equipped with overflow alarm
device. Williams utilizes the services of a licensed contractor to removed
and haul the wasterwater to a state certified treatmenUdisposalfacility'
One potable aboveground water tank of approximatety 4000 gallons ca-
pacity on-site. Posted on the front of the Tank there is a Sign that states
-Potable Water Only". Potable water demand is estimated to be 300 gal-
lons/day (4 individuals x 75 gpcd). Required minimum fire suppression
demand is 2500 gallons. Total potable and fire suppression demand is
estimated to be 4000 gal-
lons.
Road access to the site is
maintained year round
through the services of pri-
vate road maintenance and
construction contractor.
' ,:.,....a.' -=.11i,.:r;.:.: .-
'i..:ii:i.;:-i"i:r : :' : :
.J. :i .i_if.:: ::'r : -- .
ii:::lirr'::i:Si.::.-.r.. ..
-, -1,
LINflTED POWER OF ATTORNEY
wPx ENERGY ROCKy MOUNTAIN, LLC ("Company') a Delaware linrltcd
liability compary, having its principal placo of business in tbe City of Tulsa, County of tu!s1,
State ;f Okdhoms, Ooei nerJ'Uy m'akc, constitute and appoint Bryau S. Hotard with lhc f1ll
aurhoriry herciuallci provided, tlc rrue and lawlirt AUorney'in'Fact of tho ColRanf, suthorizcd
;t;;il;;r*d on t"tr"trorihc Company and in the Company's namo, and for tbe sole and
cxclusive barclit of the Company arrd not on behalf of any other pesolt corporation or
"rtOoiutioq
in whOle or in part, to cnter inlo, cx?culc' delivcr' filc and accept all in'slrunrcnls and
documenls affocting tbe real properly or real ctlcte rlSbts of lhe Company 0i rnore specifically
set fortb bclow: :
l. Apptications and documentation associated with Garficld County or No Blanco
t .'initting rcquin rneo6 for inctuding, bul not [mlted to, Independent Scwage Disposal
byrt"rs,-Sr.tl Temporary Employei flousing, Major Impact Revicws, Limited Impact
Rlviews, Oil and Cis witt pcrmitting, Driveway Accossr County RoEd Mainlenanoe,
Tc*porrry Living Quartcrs, iemporary Uso Ponnib, Surlbcc U-se Pormits, Surfacc Usc
l,iceuscs, Utilitie,s, Snow Romoval and Privgtc Corufucdon of Cortrty Roads;
2. Agrcerncnts and othcr documentation thet grant eascmcrts' righur of woy' ticc1lcs, or
pJrmits to Oornpany and also ingruments whe,re thc Conpaoy Srants such rights to
olhercil. .a,grecments that essigr casemenls, rigbs of wry, licenses, pormits or surlirce teascs in
connectlon wilb the Company's opcradons;
Relcases and PartialRclcascs of cascments ond rigbts ofway;
Agrcemen6 allOwing e1croachmc6ts onto €ssamcnts and rights of way owned by
company and landowncr insburoente and convcyanccs on othcrs casemc;nls;
Agrc-cmcns subordinaling morlgage rlghts to essemlnt or lease ;
Airccmonts rctating to thc rnodi-ftcation and rclocation of Compuy faoilities;
-
RImal or lcase agdemcntr for surlbce uso or olficr surfaco usc sgrectrenh rnd all notices
relrtpd to Oe pipclino agrcoments;
Agrccrncnts fofttrc purclasc or sale of real -property and for the lcase ofrcal property for
rciidcntlal Or comrircrcial purposes or otberwise iu conneclion ntlft thc Con:pany's
opcraiions;
lO. Agreemenfu 19 obtaln watcr scrviccs, elcctrical, gas or oil sclices or thc provision of
otLcr utility servicos utilizedby Company's lboilitics;
ll.Agroemcnis modiffing, aropding, icnening, cxtendirtg, ratifying forfeiting canceling
a,id terminatirg aly and all of the oforomcntiooed typcs of instnrments and documenls.
wpx ENEROY ROCKY MOt NTAIN, LLC bcrcby declares lbat oach and cvcry
act, mBttcr and thirrg wliob shall be glwn, rnade and dona by Bryan !. Ho}rd in comcction wilh
t. oi.rtit of *iot all of thc a6nstia powor$ sbatl be as good valld.ald effcclual to all
ililil p",pri" ". iC the samo had becn givcn, madc and done by WPX Bncrgy Rocky
Morniain, ifC in irs limited liability compauy prcscncc and it hcrtby ratifics whatsocvor
Atiomci-ir-f"ct shall tarvfulty do or sausc ro be-Aone by virtue hereof. This Linritcd Powcr of
Attonrey shall remsln in full force anrl effect uotil trminatod by cornpaty.
4.
5.
6.
7.
E.
9.
r
llll fftrl'1ittil,illl, fr[ ltlt]ilFttlflifi It[ Hllltt ] lllR.c.ltlurl: !l60elCal1'fl2ola itrltrlO Pll Jls nlh."l62 ol 2 aB Fo.r3tC,!o Ooq Frio,Co ItthFtELO couilrr c0
IN WITNESS WHEREOR WPX EnerSr Rocky MounAin, LLC has causcd ilris
Limited lower of Attrn"y to Uc siin.l by one .lI irs vi"" Presidenls, duly authorizld by its
Monagenrent Cornminoo to grant po$;ers ofattomcy this 1$ day of January, 2012,
ACKNOWLEDGITTENT
STATEOFOKLA}IOMA )
) ss.
COTJNTY OFTUI,SA )
BBFORE ME, thc undorsigned authority, I Notary Public in anil for_said County and^Satc, -
on this day personally appcarcd, Jirry D. Bamei pqsonatly known to mc to be the Vicc Presidcnl of
Wfi t*lfiy ioJiy tr,tiinutn, LLia Delawareiimited tittitity conpuy, rvtoecloowledgeil to me
rhat hc hasllxecuted rhe abovo LIMITED POWER OF ATTORNEY authorized by ComPany's
Marrage ment Cornmlttce.
Mycoarmission Bxpircsr 7'LT-Z Ol4
IN WITNESS U'IIEREOF,Ilavchcrcunto sctmyhandand afttxed my nota ryc.*,uory)
dry oflatrry;20lZ.
After Recordation Please Return Tol
WPX Energy RockY Morrrtian, LLC
Attn:IfitdDePt
I€Eox370
Parachute,CO 81635
Glenn Hartmann
From:
Sent:
To:
Subject:
HiGlenn,
Rob Ferguson [opschief@gvfpd. org]
Monday, September 08,20147:21 AM
Glenn Hartmann
Lindauer Yard Mnor Sub.
Sorry about missing getting anything to you on the Lindauer lay down yard. We have been swamped with a new
reporting system and trying to get it implemented. I don't have any comments or requirements on this lay down yard. lt
is pretty basic and simple.
Also I noticed I had Berry House Log Gulch Tank Farm. This one looks fine as well and there isn't any further
requirements from the Fire District.
Sorry once again for not getting something to you on these. Take care and let me know if there is anything else you may
need.
Rob Ferguson
Deputy Fire Chief
Grand Valley Fire Protection District
0124 Stone Quarry Road
Parachute, CO 81635
Office 970-285-9119
Fax 970-285-9748
opschief@evfpd.ore
TIMELINE WAIVER REqU EST
g- t5 -rt
(Date)
r,/*l; a l{ar&sor.l (print name) hereby waive any applicable timelines
specified in the Garfield County Land Use and Development Code, as amended and in the Colorado
Revised Statutes for schedulingandlor conducting a public hearing before the Garfield County Planning
Commission andlor the Board of County Commissioners for (project name and number)
Pr.rcrre.tt La*A (2o* Li-'AeLL{.r gard* l^rSA - lEeA
Signed by:
(Applicant or Authorized Representative)
Glenn Hartmann
From:
Sent:
To:
Cc:
Subject:
Attachments:
Julie Hanson [jhanson @ bch-law.com]
Tuesday, December 30,201411:22 AM
Glenn Hartmann; Tamra Allen
Peter D. Nichols; Chuck Whiteman
FW: County Meetings - Water Rights
07 CW 244.pdl ; 07 CW 245. pdf ; 07CW 246 -pdf ; 09CW 1 6. pdf
Hi Glenn and Tamra: please see e-mail below f rom Peter Nichols regarding the Puckett water situation- Peter says this
water is available to serve the Lindauer property and the estimated timeline is described below. lt looks like the ruling of
the referee will be well within the 90 days to fufflll a condition and the protest period will have expired prior to that 90
days. The only unknown is whether Judge Boyd will sign of{ within the 90 days'
Let me know your thoughts and if this will work to proceed with a Director's Decision with the water being a condition of
approval. Please feelfiee to include Peter on any questions that you might have.
Thanks!
Julie
Please note new e-mail address:
ihanson@bch-law.com
Julie S. Hanson
Beattie, Chadwick & HouPt, LLP
932 Cooper Avenue
Glenwood Springs, CO 81601
Tel: (970) 945-8659
Fax: (970) 945-8671
ihanson@bch-law.com
www.bch-law.com
confidentialandprivilegedundertheattorney-clientprivilege,theworkproduct
privilege, oi both. Unless you are the addressee (or authorized to receive tbr the addressee), you may not use, copy or disclose to
anyone the message or any information contained in the message. If you have received the message in error, please advise the sender
by reply e-mail, and delete the message. Thank you very much'
From: Peter D. Nichols [mailto:pdn @ bhgrlaw.coml
Sent: Tuesday, December30,2014 11:07 AM
To: Julie Hanson
cc: stearns, Eric; Raymond s. Anderson; chuck whiteman; LeBaron, Karen
Subject: RE: County Meetings - Water Rights
Hi Julie - puckett and its co-applicant caerus have entered into stipulations with all of the opposers in several water
court cases that could supply water to the Lindauer lay down yard, as I understand its location and use from Chuck
Whiteman. The final stipulations are attached, which include as exhibits the proposed decrees for each of the 4 cases'
Ramsey Kropf for co-applicant Caerus should file the final proposed decrees within a week or so, with a request that the
Water Referee enter her rulings in each case. The Referee is anxious to get these off her docket since they are so old, so
I expect she,ll enter rulings within 30-45 days. After she enters her rulings, of course, there is a two week protest period
before the Water Judge can sign the final decrees, although Judge Boyd is often very slow. Protests are unlikely, so the
Referee's rulings will be almost done deals.
There is another pending water application (07CW239), a change case involving Puckett's surface water rights, that
could also supply the lay down yard. We're trying to wrap that up with the final opposer, the State and Division
Engineers.
Please let me know if you have questions or need additional information.
Cheers - Peter
PETER D. NICHOLS
PARTNER
Ilnn<; I Hll.t, I Gnl,uNLIiAI,' I Rtrsulu l.t.t'
District Court, Water Division 5, Colorado
Garfi eld County Courthouse
109 8d'Street, Suite 104
Glenwood Springs, CO 81601
9701945-5075
CONCERNING THE APPLICATION FOR UNDERGROUND
WATER RIGHTS FOR PUCKETT LAND COMPANY AND
CAERUS PICEANCE LLC, TRIBUTARY TO PARACHUTE
CREEK, TRIBUTARY TO THE COLORADO R[VER,IN
GARFIELD COI.INTY Acounr usE oNLYA
Attorneys:Peter D. Nichols, #331'67
Berg Hill Greenleaf & Ruscitti LLP
lTl?Pearl Street
Boulder, Colorado 80302
Case Number:
o7cw244
@ivision 5)
Phone Number: (303) 402-1600
Fax Number: (303) 402-1601
Email: pdn@bhgrlaw.com
Attorneys:Ramsey L. Iftopf, #21528
Danielle L. Van Arsdale, #42800
PlrRIcK, MtLtER, KnoPr &Noro, P.C
0197 Prospector Rd., Suite 2104A
Aspen, CO 81611
Phone Number: 97 01920-1028
FAX Number: 9701925-6847
E-Mail: kropf@waterlaw.com
vanarsdale@waterlaw, com
STIPULATION AND AGREEMENT BETWEEN APPLICANTS ANI)
OPPOSER BERRY PETROLEUM COMPANY
Applicants Puckett Land Company and Caerus Piceance, LLC ("Co-Applicants") and Berry
Petroieum Company ("Opposer"), by-and through their attorneys, hereby stipulate and agree as
follows:
l. Opposer agrees to the entry of a Ruling of Referee and Decree of the Water Court no
less restrictive than the pioposed Findings of Fact, Conclusions of Law, Ruling of
Referee, and Judgment and-Decree dated 7-8-14 and attached as Exhibit A to this
Stipulation,
2. Opposer and Applicants further stipulate and agree that each will bear their own costs
and fees associated with this matter.
District Court, Water Division 5
Page2
Case No. 07CW244
Stipulation and Agreement with Berry Petroleum Company
3, This Stipulation shall be enforceable by the parties either as an agreement, or as an
order of the Water Court.
4. This Agreement shall benefit and be binding upon the heirs, successors and assigns of
the undersigned Parties.
RESPECTFULLY SUBMITTED this day of 2014.
BERG HILL GREENLEAF & RUSCITTI LLP PATRICK, MILLER, KROPF & NOTO' P.C.
A Professional CorPoration
By:By:
Peter D. Nichols, #33167
Berg Hill Greenleaf & Ruscitti LLP
1712 Pearl Street
Boulder, Colorado 80302
(303) 402-1600
pdn@bh$law.com
ATTORNEYS FOR CO-APPLICANT,
PUCKETT LAND COMPANY
Attornevs for Ooooser Berrv Pelroleum Comoonv'
HOLLAND & HART LLP
Ramsey L. Iftopf, #21528
Danielte Van Arsdal e, #42800
0197 Prospector Rd., Suite 2104A
Aspen, CO 81611
(970) 920-1028
kropf@watgdaw.com
ATTORNEYS FOR CO-APPLICANT,
CAERUS PICEANCE, LLC
,, -,1'uil LO, rz.r.rY
William H. Caile, #32223
Holland & Hart LLP
555 Seventeenth Street
Suite 3200
Denver, CO 80202
(303) 292-8000
wh caile(@holl arrdh art. conr
ATTORNEYS FOR OPPOSER,
BERRY PETROLEUM COMPANY.
District Court, Water Division 5
Page 3
Case No. 07CW244
Stipulation and Agreement with Berry Petroleum Company
CEBTIFICATE OF SERVICE
I hereby certify that on this
-
day of
Notice in the above captioned case was served
System@ flCCES@) on the following:
2014,a true and correct copy of the foregoing
via the Integrated Colorado Courts E-Filing
IGistin Howse MoseleY
Karen L. Henderson
Glenn E. Porzak
Porzak, Browning & Bushong LLP
929Pearl Street, Suite 300
Boulder, CO 80302
[Exxon Mobile CorPoration]
Jack F, Ross
Mark T. Valentine
Dufford & Brown, P,C.
1700 Broadway, Suite 2100
Denver, CO 80290-2101
[Chevron U.S.A. Inc.]
Jacques S. Ruda
Girsh & Rottman PC
l33l lTth Street Suite 510
Denver, CO 80202
[ConocoPhilips Co.]
Paul L. Benington
Assistant AttorneY General
Water Rights Unit
Natural R"sout"ut and Environment Section Office of
the Attorney General
1525 Sherman Street, Sth Floor
Denver, CO 80203
[State and Division Engineers]
Kirsten Marie Kuratlr
Mark A. Hermundstad
Williams, Turner & Holmes, P'C.
200 North 6th Street
PO Box 338
Grand Junction, CO 81502
[Grand Valley Water Users Association]
[Orchard Mesa Irrigation District]
[Ute Water ConservancY District]
Peter D. Nichols
Berg Hill Greenleaf & Ruscitti LLP
l7l2 Pearl Street
Boulder, Colorado 80302
[Puckett Land ComPanY]
William H. Caile
Holland & Hart LLP- Denver
555 Seventeenth Street, Suite 3200
Denver, CO 80202-3979
[Berry Petroleum ComPanY]
[Williams hoduction RMT ComPanY]
Peter J. Ampe
Hitl & Robbins PC
l44l lSth Street, Suite 100
Denver, CO 80202
[Town of Parachute]
Christopher L. Geiger
Scott M, Balcomb
Balcomb & Green, P.C.
818 Colorado Avenue
PO Drawer 790
Glenwood Springs, CO 81602-0790
[Solvay Chemical Inc.]
John (Robert) Pierce
Nathan A. Keever
Dufford Waldeck Milburn & Krohn, LLP
7 44 Horizon Court, Suite 300
Grand Junction, CO 81506
[Ivo Lindauer]
Crissy Gibson Sit
In accrtrdance with C.R.C.p. t2l S1-26(9), this document hos been electronicallyliledvia ICCES. A printed copy of thls
document with original signoturei is mainttained by Patrick, Miller & Kropf & Noto, P.C. ondwill be made available for
inspectlon by other parties or lhe Courl upon requesl'
7-8-t4
District Court, Water Division 5
Garfi eld County Courthouse
109 8tl'Sffeet, Suite 104
Glenwood Springs, CO 81601
9701945-507s
CONCERNING THE APPLICATION FOR CHANGES TO THE
WATER RIGHTS FOR PUCKETT LAND COMPANY AND
CAERUS PICEANCE LLC ON PARACHUTE CREEK, TRIBUTARY
TO THE COLORADO RTVER, AND THE COLORADO RTVER, IN
GARFIELD COLINTY Acounr usE oNLY
Case Number:
07cw244
(Division 5)
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF REI'EREE'
JUDGMENT AND DECREE OF WATER COURT
The above entifled application was filed on December 28,2007, was amended on
December 31, 2008, and refenid to the undersigned as Water Referee for Water Division No' 5,
State of Colorado, by the Water Judge of said Court, in accordance with C.R.S' $ 37-92-101 et
seq.,, known as The Water Right Detirmination and Administration Act of 1969.
The Referee, having made such investigations as are necessary to determine whether or
not the statements in the .ipplication are true, iaving consulted with the Division Engineer, and
having become fully advised with respect to the subject matter in the Application, does hereby
makeihe following Findings of Fact, conclusions of Law, and Ruling in this matter:
FINDINGS Otr'FACT
1. Name. address and telephone number of Co-Applicants:
Puckett Land company ('Puckett") caerus Piceance LLC ("Caerus")
Attn: Eric Stearns, Preiident Attn: Matthew A. Wurtzbacher, P'E'
5460 S. Quebec Street, #250 600 lTth Street, Suite 1600 North
Greenwood Village, CO 80111'1917 Denver, CO 80202
(303)773-1094 (303) s6s-4600
Exhibit A
Case No. 07CW244
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page2
with copy to:
Peter D. Nichols, Esq.
Berg Hill Greenleaf & Ruscitti LLP
lT12Pearl Street
Boulder, Colorado 80302
with copy to:
Ramsey L. IftoPf, Esq.
Danielle L. Van Arsdale, Esq.
Patrick Miller,IftoPf & Noto, PC
197 Prospector Drive, Ste. 2104A
Aspen, CO 8161I
2. The statements in the Application, as amended, are true'
3. Statements of Opposition. The following parties timely filed statemt$ .9|opposition to
the Application:
'solvay Chemical, Inc., Town of Parachute, ConocoPhillips Company,
Chewon U.S.A. Inc., Natural Soda Inc., Ivo Lindauer, Berry Petroleum Company'
Williams production RMT Company, and ExxonMobil Corporation, The Applicants
have resolved that opposition Uy stipuiations and agreements filed with the Court, which
the Court has aPProved.
FIRST CLAIM: PUCKETT WELL F'IELD
4. Name of structure: Puckett Well Field.
Applicant Caerus will construct wells, to be located after testing within the Puckett Well
fietO, as shown on the maps attached as Exhibits I and 1.2. The well field will facilitate
the development of a groundwater supply to meet the Applicants' industrial needs,
including energy exploiation and development, and ranching operations in Garfield
County. The ciinulative mar<imum diversion from all wells in the well field that are the
subjeci of this application shall not exceed 500 acre-feet per year, at a cumulative
maximum rate of 2.5 cfs.
5. Legal description: The Puckett Well Field is located in that portion of the NE l/4SE 1/4
Section 29, ffiship 6 South, Range 96 West, 6th P.M., consisting of approximately 9.6
acres. See maps attached as Exhibits 1 and 1'2'
6. Source: Groundwater kibutary to Parachute Creek, tributary to the Colorado River'
7. Appropriation.
A. Date of Appropriation for all wells within the well field: November 27,2007.
B. How appropriation was initiated: Field inspection, monumentation, formulation of
intent io upirty water to beneficial use, and adoption of resolution by Puckett.
8. Amount claimed: 2.5 cfs, conditional.
g. Useg or proposed uses: Industrial, including energy exploration and development;
miring; ruupi*tiora-rrtining; power; domestic; stock watering; inigation for reclamation
and siie re,vegetation uso.iaLd with mining and energy exploration and development;
Case No. 07CW244
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 3
and augmentation (to be used either directly from the well field or after storage in one or
more of the Haystatk Mountain Ponds as decreed in Case No. 07CW245)'
10. Well permitting: The Applicants will secure all appropriate well_permits pursuant to
c-ns. E y-ff-w(2y anOihe augmentation plan decreed in Case No. 09cwt6, prior to
construction *a opeiation of the-wells that are the subject of this Application. Puckett
owns the only well shown on the Division of Water Resources database within six
hundred (600ifeet of the proposed well field. C.R.S. $$ 37-92-302(2) and37-90-137 '
11. Well location: The wells in the puckett Well Field will be located in the Parachute Creek
drainage basin. Any well located within 100 feet of the stream shall be assumed to cause
instantaneous depleiions to Parachute Creek and may be operated without accounting for
Iagged depletions. For any well located further than 100 feet from the stream, Applicants
shall use a bounded Glover methodology, or such other method as the State Engineer
may approve, for determining the timing'of depletions from past and future pumping of
such well. A well may be uJd"d to the Puck"tt W"ll Field so long as it is operated *{
used, and ourof-priority depletions are replaced, on the terms and conditions decreed
herein. Upon completitn oi each well, Applicant will provjde proof to the State and
Division frrlineers ttat the well is located wittit 100 feet of the stream or further than
100 feet from the stream. The wetls in the Puckett Well Field may divert water out-of-
priority provided the depletions associated with such out-of-priority diversions are
ieptacia pursuant to the augmentation plan decreed in Case No. 09CWl6 or a substitute
witer supply plan approved by the State Engineer'
SECOND CLAIM: WHEELER GULCH WELL FIELD
lZ. Name of structure: Wheeler Gulch Well Field. Puckett will develop up to two wells, to
be located aftEr testing within Puckett's Wheeler Gulch property, as shown on the maps
attached as Exhibits iand 1.2. The well field will provide a groundwater supply to meet
the demands of Puckett for its commercial development on Wheeler Gulch in Garfield
County. The cumulative maximum diversion from all wells in this well field shall not
exceed 5.0 acre-feet per year, at a cumulative maximum diversion rate of not more than
50 gpm.
13. Leeal description: The Wheeler Gulch Well Field is located in the S % of the NW % of
Section 3+,fr-South, R. 96 West, 6th P.M., north of Parachute Creek, and consists of
approximately 15 acres. See Exhibits I and l'2'
14. Source: Groundwater tributary to Parachute Creek and tributaries, all tributary to the
Colorado River.
Appropriation:
A. Date of appropriation for all wells within the well field: July 6,2007.
15.
Case No. 07CW244
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 4
B. How appropriation was initiated: freld inspection, formulation of intent to apply
water to b"rrrfiriul use, and adoption of resolution by Puckett.
16. Amount claimed: 50 gpm, conditional.
17. proposed uses: Industrial; commercial; equipment servicing; domestic; and irrigation
associated with a proposed offltce, equipmlnt yard, and housing complex in Wheeler
Gulch. Use may Ui Airect or after rto*gi in tanks or ponds. The ryopgsed uses for and
storage of the Wheeler Gulch Well Field water shall occur upon Puckett's land identified
on Exhibit 1.2 as Wheeler Gulch Property.
18. Leeal description of irrigated acreaee: up to 20,000 square feet, upon Puckett's Wheeler
Gulch property, as shown in Exhibit 1.2.
19. Well permittine: Co-applicant Puckett will secure all appropriate well-permits pursuant
to C.n.S, S lf-gO-tllQj, prior to construction and operation of the wells that are subject
to this Application. go-appficant Puckett owns the only well shown 9n the Colorado
Division of Water Resourcei' database within six hundred (600) feet of the proposed well
field. C.R.S. $$ 37-92-302(2) nd37-90-137.
20. Lagged depletions: Wells in the Wheeler Gulch Well Field will be located more than 100
feet from pllachute Creek and will cause lagged deptetions to Parachute Creek'
Consequenfly, the wells will be operated in accordance with the augmentation plan
decreed in iase No. 09CW16 or as authorized by a temporary substitute water supply
plan approved by the State Engineer.
Zl, Intesrated System Findine: Puckett owns conditional water rights associated with the
TOSCO p;;i"g Pl""t *d Pipeline, Dow Pumping Plant and Pipeline, Eaton Pipeline
No. 1, Sinclair Fumping Plani and Pipeline, South Starkey Gulch Reservoir, Starkey
Gulch Reservoir, *a tfr" Thompson Criek Reservoir and Pipeline, which are decreed as
components of an integrated *utrr system (see decrees entered in Case Nos. 95CW298'
02CWt6l, O2CW\62, and 02CW16;Wabr Division 5). Applicants filed-the Application
in this case to adjudicate additional water rights as components of an integrated water
supply system, *iri"t includes the existing water rights referenced above, to provide a
y"*-iouqO *ui", supply for oil and gas development, drilling and production operations,
til shatr development and production, temporary and permanent employee and support
personnel housing, ,o-*"r"iul office tpu"., a hunting lodge, livestock grazing, and other
uses associated with oil, gas, and oil shile development and production' The overarching
plan entails adjudicating ihe water rights claimed in this case, as well as other surface and
storage water righs tributary to Parachute Creek, changing several existing water rights
to facilitate ,r"- in the intlgrated water supply plan, and a plan for augmentation
Specifically, Applicants filed the application in Case No. 2007CW239 to change several
absolute and conditional water rights to facilitate their use in the integrated water supply
plan; the application in Case No. ZOOZCW245 for water storage rights to be used in the
integrated *itrr supply plan; and the application in Case No. 07CW246 for surface water
rightr to be used l" if,L integrated wuter supply plan. The Applicants also filed the
Case No. 07CW244
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 5
application in Case No. 09CWl6 to adjudicate a plan of augmentation to facilitate the
conjunctive use of all the aforementioned water rights in an integrated water supply plan'
The structures and water rights desoribed in this case and Case Nos. 2007CW239,
2007CW24.5, and 2OO7CW2[6 constitute an integrated water supply system, as defined
by Denver v. Northern Colorad.o Water Conservancy District, 276 _P.2d 992 (Colo'
tbSS;, because each structure and water right of the system has a direct bearing on, and is
nr""ii*y for the functioning of, the entire system, Therefore, work accomplished on one
portion of tnir integrated project may be considered evidence of reasonable diligence as
io the other portions of the project' C.R.S' $ 37-92-301(4Xb)'
22. Water diverted in the exercise of any water right decreed in this matter may not be used
on Chewon lands except those lands in the Parachute Creek basin for which Caerus
currently has an oil and gas lease, or by written agreement with Chevron.
CONCLUSIONS OF LAW
23. Timely and adequate notice of the Application was given as required by law.
24. This Court has jurisdiction over the subject matter of these proceedings and over all
persons who may be affected whether or not they have appeared pursuant to C.R.S. $ 37-
92-203.
25. The Application is complete and covers all applicable matters required by C.R.S, $ I-
92-203. The Court "orclud",
the relief granted in this decree is consistent with the relief
originally requested in the Application for which Applicants gave public notice.
26. The Court concludes that Applicants have demonstrated the requisite first step to
appropriate water through inteni and overt acts sufficient to place third parties on notice
and that the conditional water rights decreed can and will be diverted, stored or otherwise
captwed, possessed, controlled and beneficially used. In addition, the Court concludes
thit the water rights project can and will be completed with diligence and within a
reasonable time.
The Findings of Fact and Conclusions of Law set forth above are incorporated in the
Ruling, Judgment and Decree as if fully set forth below'
Applicants are granted a decree evidencing a conditional water right for the Puckett Well
fieiO for wellJwith cumulative maximum diversions not exceeding 500 acre-feet per
year, at a cumulative maximum rate of 2.5 cfs, for industrial uses, including energy
exploration and development; mining; evaporation; refining; power; domestic; stock
*utrrirrg; irrigation for reclamation and site re-vegetation associated with mining and
energy exptoration and development; and augmentation (to be used either directly from
tfre wltt fiila or after storage in one or more of the Haystack Mountain Ponds as decreed
27.
28,
Case No. 07CW244
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 6
in Case No. 07CW245). All wells within the Puckett Well Field shall have an
appropriation date of Novembet 2'1,2007.
29. Applicants are granted a decree evidencing a conditional water right for the Wheeler
Guich Well Field for up to two wells with cumulative maximum diversions not exceeding
5.0 acre-feet per year, at a cumulative maximum diversion rate of not more than 50 gpm,
for industrial'commercial, equipment servicing, domestic, and irrigation uses associated
with a proposed office, equipment yard, and housing complex in Wheeler Gulch' Use
may be direct or after storage-in tanks or ponds. The proposed uses f9r an! storage of the
Wheeler Gulch Well Field water shall occur upon Puckett's land identified on Exhibit
1.2 as Wheeler Gulch Property. All wells within the Wheeler Gulch Well Field shall
have an appropriation date of July 6,2007.
30. The Wheeler Gulch Well Field may be operated under the augmentation plan decreed in
Case No. 09CWl6 or pursuant to a temporary substitute water supply plan approved by
the State Engineer.
31. Water from the Puckett Well Field may only be used in the Colorado River Basin.
32. This ruling shall be filed with the Water Clerk subject to judicial review'
33. A copy of this ruling shall be filed with the appropriate Division Engineer and the State
Enginier. Applicanis shall comply with the State Engineer's Policy on Well Fields 99-1,
or successor policies.
34. pursuant to C.R.S. $ 37-92-502(5), Applicants shall install, maintain, and monitor at
locations determined by the Division Engineer, and at the Applicants' expense, such
measuring devices, impiement such accounting procedures, and supply such calculations
regardingfthe timing oi depletions, as may be required by the Division Engineer' The
Stite and Division Engineer, or designated agents, shall have access to such measuring
devices as needed.
35" Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
the sale or transfer of the conditional water rights, the transferee shall file with the Water
Court a Notice of Transfer stating:
A. The title and case number of this Case;
B. A descripion of the conditional rights transfened;
C. The name of the transferor;
D. The name and mailing address of the transferee;
E. A copy of the recorded deed or other conveyance instrument.
The new owner of the conditional water rights shall also notify the Clerk of the Division
5 Water Court of any change in mailing address. The Clerk shall place any notice of
transfer or change of address in the case file in which the conditional decree was entered
and in the case file in which the court first made a finding of reasonable diligence.
36.
Case No. 07CW244
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
PageT
An Application for a Hexennial Finding of Reasonable Diligence shall be filed on or
desire to maintain these conditional water rights or until a determination has been made
that these conditional water rights have become absolute water rights by reason of the
completion of the appropriations.
Dated this day of
WATER REFEREE:
Holly K. Strablizky, Water Referee
Water DivisionNo. 5
State of Colorado
DECREE OF THE WATER COURT
No protest was filed in this matter, accordingly, the foregoing ruling is confirmed and
approved, and is made the judgment and decree of this Court.
Dated this day of
WATER JUDGE:
James Boyd, Water Judge
Water Division No. 5
State of Colorado
20-
CaseNo,07CW244
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 8
Exhibit List
Exhibit 1: Caerus and Puckett Watet Rights Map
Exhibit 1.2: Caerus and Puckett Ponds, Well Fields, and Development Area Map
I
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District Court, Water Division 5, Colorado
Garfield County Courthouse
109 8th Street, Suite 104
Glenwood Springs, CO 81601
970194s-s075
Attorneys: Peter D. Nichols, #33167 I Case Number:
CONCERNING THE APPLICATION FOR WATER STORAGE
I
RIGHTS FOR PUCKETT LAND COMPANY AND CAERUS I
PICEANCE ,LLC ON PARACHUTE CREEK AI\trD TRIBUTARIES'
I
TRIBUTARY TO THE COLORADO RTVE& IN GARFIELD
ICOIJNTY I Acounr usE
'NLYA
Berg Hill Greenleaf & Ruscitti LLP
I
lTl2Pearl Street I OZCW24S
Boulder, Colorado 80302
phoneNumber: (303)402-1600 Email: pdn@bhgrlaw.com I roi'ision 5)
FaxNumber: (303)402-1601
Attorneys: Ramsey L. KroPf, #21528
Danielle L. Van Arsdale, #42800
PntrucK, MtLleR, KnoPn &Noro, P.C'
0197 Prospector Rd., Suite 2104A
Aspen, CO 81611
Phone Number: 97O192O'L028 E-Mail: kropf@waterlaw'com
FAX Number: 9701925'6847 vanarsdale@waterlaw'com
STIPI'LATION AND AGREEMENT BETWEEN APPLICANTS AND
OPPOSER BERRY PETROLEUM COMPANY
Applicants Puckett Land Company and Caerus Piceance, LLC ("Co-Applicant") and Beny
pitroleum Company ("Oppose/'), by and through their attomeys, hereby stipulate and agree as
follows:
l. Opposer agrees to the entry of a Ruling of Referee and Decree of the Water Court no
less restric-tive than the pioposed Findings of Fact, Conclusions of Law, Ruling of
Referee, and Judgment and-Decree dated 7-8-14 and attached as Exhibit A to this
Stipulation,
2. Opposer and Applicant further stipulate and agree that each will bear their own costs
and fees associated with this matter'
I
I
:
,
i
I
,
District Court, Water Division 5
Page2
Case No, 07CW245
Stipulation and Agreement with Beny Petroleum Company
3. This Stipulation shall be enforceable by the parties either as an agreement, or as an
order ofthe Water Court'
4. This Agreement shall benefit and be binding upon the heirs, successors and assigns of
the undersigned parties.
RESPECTFULLY SUBMITTED this day of
BERG HILL GREENLEAF & RUSCITTI LLP PATRICK, MILLER, KROPF & NOTO, P.C.
A Professional Corporation
,2014.
By:.
Peter D. Nichols, #33167
Berg Hill Greenleaf & Ruscitti LLP
lT12Pexl Street
Boulder, Colorado 80302
(303) 402-r600
pdn@bhgrlaw.com
ATTORNEYS FOR CO-APPLICANT,
PUCKETT LAND COMPANY
Altornevs for Opposer Berrv Petroleum Companv.
HOLLAND & HART LLP
Ramsey L. Kropf, #21528
Danielle L. Van Arsdale, #42800
0197 Prospector Rd., Suite 2104A
Aspen, CO 81611
(e70) e20-1028
kropf@waterlaw.com
ATTORNEYS FOR CO-APPLICANT,
CAERUS PTCEANCE, LLC
By:
u* e -Q,tL'l't(William H. Caile, #32223 v
Holland & Hart LLP
555 Seventeenth Street
Suite 3200
Denver, CO 80202
(303) 2e2-8000
whcai le@hollandhart, com
ATTORNEYS FOR OPPOSER,
BERRY PETROLEUM COMPANY.
District Court, Water Division 5
Page 3
CaseNo.07CW245
Stipulation and Agreement with Berry Pefioleum Company
I hereby certify that on this
-
day of
Notice in the above captioned case was
System@ (ICCES@) on the following:
Peter D. Nichols
Berg Hill Greenleaf & Ruscitti LLP
17l2 Pearl Sheet
Boulder, Colorado 80302
[Puckett Land Company]
William H. Caile
Holland & Hart LLP- Denver
555 Seventeenth Street, Suite 3200
Denver, CO 80202-3979
[Berry Petroleum Company]
[Williams Production RMT Company]
Peter J. Ampe
Hill & Robbins PC
l44l lSth Street, Suite 100
Denver, CO 80202
[Town of Parachute]
Christopher L. Geiger
Scott M. Balcomb
Balcomb & Green, P.C.
818 Colorado Avenue
PO Drawer 790
Glenwood Springs, CO 81602-0790
[Solvay Chemical Inc.]
John (Robert) Pierce
Nathan A. Keever
Dufford Waldeck Milburn & Iftohn, LLP
T44Horizon Court, Suite 300
Grand Junction, CO 81506
[Ivo Lindauer]
CERTIT'ICATE OF' SERVICE
2014, a true and correct copy of the foregoing
se.viO via the Integrated Colorado Courts E-Filing
Kristin Howse Moseley
Karen L. Henderson
Glenn E. Porzak
Porzak, Browning & Bushong LLP
929Pearl Street, Suite 300
Boulder, CO 80302
[Exxon Mobile Corporation]
Jack F. Ross
Mark T. Valentine
Dufford & Brown, P.C.
1700 Broadway, Suite 2100
Denver, CO 80290-2101
[Chevron U.S.A. Inc.]
Jacques S. Ruda
Cirsh & Rottman PC
l33l lTth Street Suite 510
Denver, CO 80202
[ConocoPhilips Co.]
Paul L. Benin5on
Assistant Attomey General
Water Rights Unit
Natural Resources and Environment Section Offrce of
the Attorney General
1525 Sherman Street, 5th Floor
Denver, CO 80203
[State and Division Engineers]
Kirsten Marie Kurath
Mark A, Hermundstad
Williams, Tumer & Holmes, P.C.
200 North 6th Street
PO Box 338
Grand Junction, CO 81502
[Grand Valley Water Users Association]
[Orchard Mesa Irrigation District]
[Ute Water ConservancY Dishiot]
Crissy Gibson Sit
In accordance with C.R.C.P, l2 t { I -26(9), this document has been electronlcally tiled via ICC tiS. A printed copy of this
docament with original signaturei is maintained by Patrick Miller & Kropf& Noto, P.C. and will be made available for
inspection by olher parlies or lhe Court upon requesl.
7-8-14
The above entitled application was filed on December 28,2007, was amended on
December 31, 2008, and refenid to the undersigned as Water Referee for Water Division No' 5'
State of Colorado, Uy tin W"t"r Judge, in accoriance with C'R'S' $ 37-92-101 et seq" known as
The Water Right Deiermination and Administration Act of 1969.
The Referee, having made such investigations as are necessary to determine whether the
statements in the eppii"util" are true, having lonsulted with the Division Engineer, and having
become fully advised with respect to the subj-ect mattgr ll th: Application, does hereby make the
following Findings of Pact, Conclusions of Law, and Ruling in this matter:
l.
Puckett Land Company ("Puckett")
Attn: Eric Stearns, President
5460 S. Quebec Street, #250
Greenwood Village, CO 80111-1917
(303)773-1094
FINDINGS OF FACT
Caerus Piceance LLC ("Caerus")
Attn: Matthew A. Wurtzbacher, P.E'
600 17th Street, Suite 1600 North
Denver, CO 80202
(303) s65-4600
Disftict Court, Water Division 5
Garfield County Courthouse
109 8fl'Street, Suite 104
Glenwood Springs, CO 81601
970194s-507s
CONCERNINGTHEAPPLICATIONFORCHANGESToTHE
WATER RIGHTS FOR PUCKETT LAND COMPANY A}.ID
CAERUS PICEANCE LLC ON PARACHUTE CREEK, TRIBUTARY
ToTHECoLoRADoRIVE&AI{DTHECoLoRADoRIVER,IN
GAFJIELD COUNTY Acounrusu oNLYA
Case Number:
07cw245
@ivision 5)
FINDINGS oF FACT, CONCLUSIoNS otr.LAw, RULING oF REFEREE'
JUDGMENT AND DECREE OB WATER COURT
Exhibit A
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page2
2.
3.
with copY to:
Peter D. Nichols, Esq'
Berg Hill Greenleaf & Ruscitti LLP
lT12Pearl Street
Boulder, Colorado 80302
with coPY to:
Ramsey L. Ifuopf, Esq.
Danielle L. Van Arsdale, Esq.
Patrick Miller, KroPf & Noto, PC
197 Prospector Drive, Ste. 2104A
Aspen, CO 81611
The statements in the Application, as amended, are true'
Statements of opposition: The following parties timely filed statements of opposition to
@Chemical,Inc,TownofParachute,ConocoPhillipsCompany,
chevron u.s.A. tn..,'lro Lindauer, Berry Petroleum company, Natural..Soda Inc"
Williams production RMT Co. and ExxonMobil Corporation. The Applicants have
iesolved all opposition by stipulations and agreements filed with the Court' which the
Court has approved.
FIRST CLAIM: FOREVER YOUNG PDC POND
Name of reservoir: Forever Young PDC Pond'
Leeal description of reservoir dam center point: NW% SW%, Section 11, Township 6
South, Range gZ W ent at point approximately 1,375 feet
from the south line *d t,ZeS ieet from the west line, Garfield County' The reservoir is
on-channel. See Exhibit 1.
Source: Direct diversion from Corral Gulch, tibutary to Garden Gulch' tributary to
Farachute Creek, tributary to Colorado River'
Aoorooriation:
A. Date of Appropriation: February 23,2007 '
B. How appropriation was initiated: Field inspection, monumentation, survey,
formulation of introt to apply water to beneficial use, and reservoir construction'
Amount claimed: 7 acre feet, conditional, with the right to refill.
Uses: Industrial, including energy exploration and development; mining; evaporation;
,.f*ing; power; domestic; ina irrigation for reclamation and site re-vegetation associated
*itn mlrring *d
"rr".gy
exploration and development; and augmentation purposes'
Surface area of high water line: 1.0 acres'
4.
5.
7.
9.
10.
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 3
11.
12.
13.
A. Maximum height of dam: less than 10 feet'
B, Length of dam: Approximately 100 feet'
Total capacity ofreservoir: 7 acre-feet'
Active capacitY: 7 acre-feet.
Dead storage: 0 acre-feet'
Bypass structure: Caerus shall install a bypass pipeline or- other appropriate-mechanism
and necessary water measurement devices, all as approve{ !Y the Division.Engineer' to
assure that no water is stored when the Forever Young PDC Pond water right is out-of
priority.
SECOND CLAIM: HAYSTACK MOUNTAIN PONDS
Name of reservoit: Haystack Mountain Ponds'
A. Legal description of reservoir dams: The Haystack Mountain Ponds are plarured
as a series "F;tto three ponds located in a i3.+ acre area located in the SWl/4
NW1/4 and the NWl/4 SW1/4 of Section 1, Township 7 South, Range 97 West,
6th p.M., Garfreld County, with the center point of this area located at a point
2,330 feet from the North section line and 710 feet from the West section line' as
shown in Exhibit 1.1. These ponds will be named the Haystack Mountain Pond
No. l, Haystack Mountain Pond No. 2, and Haystack Mountain Pond No' 3'
Applicants are still in the process of developing the exact locations of the
reseryoir dams for these ponds, and the final design configuration of these ponds
may include a storage tank or tanks in lieu of one or more of the Haystack
Mountain Ponds. Th-e Applicants claim the right to change the configuration or
location of the Haystack il4ountain Ponds as needed within the 13.4 acte area
described above wittrout furttrer amending this decree. However, currently the
pondseriesaremoreparticularlydescribedasfollows:
1) Haystack Mountain Pond 1: located in the swl/4 NWI/4 of section 1,
' Toivnship 7 South, Range 97 West of the 6th P.M', with the middle of the
pond lying at a point aplroximately 1,990 feet from the North section line
and 690 feet from the West section line'
2) Haystack Mountain Pond 2: Iocated in the NWl/4 SWI/4 of Section 1,' Township 7 south, Range 97 West of the 6th P.M., with the middle of the
pond lying ata point apf,roximately 2,570 feet from the South section line
and 550 feet from the West section line'
3) Haystack Mountain Pond 3: Iocated in the NWI/4 SWl/4 of Section l,' Township 7 south, Range 97 West of the 6th P.M,, with the middle of the
Case No. 07CW245
Proposed Findings of Faot, Conclusions of Law, Ruling and Decree
Page 4
t4.
15,
16.
pond lying at a point approximately 2,340 feet from the South section line
and 450 feet from the West section line.
B. If off-channel reservoirs, name and capacity of ditch or ditches used to fill
reservoirs, and legal description ofeach point ofdiversion:
l) puckett Well Field. The Puckett Well Field is located in that portion of the
NE 1/4SE 1/4 Section 29, Township 6 South, Range 96 West, 6th P'M.,
within 100 feet of Parachute Creek, consisting of approximately 9.6 aqes;
at a diversion rate of 2.5 cfs.
2) Parachute Creek PDC Diversion. The Parachute Creek PDC Diversion is
located in the SEI/4 SEl/4 Section 8, Township 6 South, Range 96 West,
6th P.M., at a point approximately 355 feet from the south line and 1,240
feet from the east line of said Section 8, as claimed in pending Case No.
07CW246; at a fill rate of 2.0 cfs'
Source: Ground water tributary to Parachute Creek supplied from the Puckett Well Field,
*d.*fur" water in Parachute Creek supplied from the Parachute Creek PDC Diversion.
Aooropriation:
A. Dateof Appropriation: June 5,2007'
B. How appropriation was initiated: Field inspection, formulation of intent to apply
water to b"rr"nciut use, monumentation, and adoption of resolution by Puckett.
Amount claimed:
A. Haystack Mountain Pond l: approximately 12.9 acre-feet, conditional, with the
right to refill.
B. Haystack Mountain Pond 2: approximatety 7.8 acre-feet, conditional, with the
right to refill.
C, Haystack Mountain Pond 3: approximately 2.6 acre-feet, conditional, with the
right to refill.
Rate of diversion for filling the off-channel reservoirs is 2.5 cfs.
Uses: Industrial, including energy exploration and development; mining; evaporation;
."f*ing; power; domestic;1tock watering; augmentation; and irrigation for reclamation
and site ri-vegetation associated with mining and energy exploration and development.
t7.
18.
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 5
19.Surface area of high water line (total surface area will not exceed 2.5 acres absent further
water court approvals):
A. Haystack Mountain Pond l: approximately 1.3 acres'
B. Haystack Mountain Pond 2: approximately 0.9 acres'
C. Haystack Mountain Pond 3: approximately 0.3 acres'
Maximum height of each dam: Less than 10 feet.
Length of dams:
A. Haystack Mountain Pond l: approximately 1,070 feet'
B. Haystack Mountain Pond 2: approximately 1,000 feet'
C. Haystack Mountain Pond 3: approximately 600 feet.
Total capacit], of reservoirs: capacities of individual reservoirs for the Haystack
@omthecapacitiesdescribedabove;however,thetotalactive
capacity of all reservoirs shall not exceed 23-30 acte-feet.
Cumulative active capacity: 23.30 acre-feet.
Dead storage: 0 acre-feet.
THIRD CLAIM: PUCKETT POND NO. 1
Name ofReservoir: Puckett PondNo. 1.
Legal description: an off-channel reservoir to be located in Garfield County intheE ll2
Np fA Sectlon 29 and the NE 1/4 SE % of Section 29, Township 6 South, Range 96
West, 6th P.M. The center of the dam is approximately located 1770 feet from the North
line and 875 feet from the East line. See Exhibit 1.2.
A. Low Cost Ditch, the decreed diversion point is located in Garfield County on the
east bank of Parachute Creek, about eight miles above the mouth, as decreed on
May 11, 1889, in Civil Action No. 103, District court, Garfield county.
B. The pond may be filled through the Low Cost Ditch under the pond's own storage
priority or byusing the following water rights, as changed in and pwslll! to Case
No. 07CW239, and pursuant to ihe exchange decreed in Case No. 07CW246' The
20.
21.
22.
23.
24.
25.
the legal description of each point of diversion:
Case No. 07CW245
Proposed Findings of Fact, Conclusions of [aw, Ruling and Decree
Page 6
pond may be filled by diverting the water rights listed in subparagraphs 6)
[ffrorgf, 6; U.to* by pipeline fr6m the Colorado River to the extent water is
lega6 and physicalty a"aitaUte at their original points of diversion:
l) Low Cost Ditch, the decreed diversion point is located in Garfield County
on the east bank of Parachute Creek, about eight miles above the mouth,
as decreed for 5.0 cfs (of which Puckett claims 0.5 cfs) on May I l, 1889,
in Civil ActionNo' 103, District Court, Garfield County'
2) Low Cost Ditch, First Enlargement, the decreed diversion point is located
in Garfield County on the eak bank of Parachute Creek, about eight miles
above the mouth, as decreed for 9.0 cfs (of which Puckett claims 0'5 cfs)
on May 11, 18i9, in Civil Action No. 103, District Court, Garfield
County.
3) Low Cost Ditch, Yeoman Enlargemen! the de-creed diversion point is
located in Garfield County on the east bank of Parachute Creek, about
eight miles above the mouth, as decreed for 1.6 cfs (of which Pyckgtt
claims 1.1 cfs) on February 28, 1900, in Civil Action No. 770, District
Court, Garfield CountY.
4) Diamond Ditch, First Enlargement, the decreed diversion point is located
in Garfield county on the ivest bank of Parachute creek, about one and
ttree-fourths miles above the mouth in Section 12, Township 7 South,
Range 96 West, as decreed for3.2 cfs onMay 11, 1889, in Civil Action
No. 103, District Court, Garfield County'
5) Rulison & Miller Ditch, the decreed diversion point is located in Garfield
County in the SWI/4 SW1/4 of Section 35, Township 6 South, Range 95
West of the 6th P.M., at a point from whence the Southwest corner of said
Section 35 bears South 64 degrees 27 minutes 44 seconds West, 234'98
feet, as decreed for 1.6 cfs (of which Puckett claims 0.51 cfs) on
December 20, tgzg in Civil Action No. 2748, District Court, Garfield
County and as changed by decree entered April 21, 1997 in Case No'
95CW100, District Court, Water Division 5'
6) Eaton Pipeline No. 1, the decreed diversion point is located in Garfield
county in trre swl/4 SWl/4 Section 13, Township 7 South, Range 96
West, 6th P.M., at point from whence the southwest comer of said Section
13 bears s 820 27', 52" W a distance of 1,033.31 feet, as decreed for 10 cfs
on July g,1965, in Civil Action No. 4954, District Court, Water Division
5, as changed by decree entered Aptil 21, 1997 in Case No. 95CW100,
District Court, Water Division 5.
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 7
Sinclair Oil and Gas Company Pumping Plant and Pipeline, the decreed
diversion point is located in CarfretA County on the northerly bank of the
Colorado River at a point whence the West quarter corner of Section 23,
Township 7 south, R*g" 96 West of the 6th P.M., bears s 62o50', w, a
distance of 4,605 feet, as decreed for 33 cfs (of which Puckett claims
60%) on November lO, L966, in Civil Action 4914, District Court,
Garfield County.
Dow Pumping Plant and Pipeline, the decreed diversion point is located in
Garfield Corr,ty at a poinion the northerly bank of the Colorado River,
whence the Eait quarter corner of Section 6, T.7S., R.95W., 6th P.M.,
bears North 13 degrees 17 minutes East,753 feet, as decreed for 178 cfs
(of which Puckett ilui*. 43 cfs) November 10, 1966, in Civil Action No.
igt+,District Court, Garfield County. By Case No. W-2786, Januuy 27,
1977, analternate point of diversion was decreed, located on the Northerly
bank of the Colorado River at a point whence the East Quarter Comer of
Section 6, Township 7 South, Range 95 West of the 6th P.M. bears North
35o 00'East, 1880 feet.
The Oil Shale Corporation Pumping Plant and Pipeline, the decreed
diversion point is located in Garfield County on the right bank of the
Colorado River at a point whence the SW corner of Section 32, T.6S',
R.95W., 6th P.M., beirs North 77 degrees 37 minutes west 122.16 feet, as
decreed for 100 cfs (of which Puckett claims 60%) on November 10,
1966, in Civil Action No. 4914, District Court, Garfield County. By Case
No. W-2785, decreed on Decembet 29, 1975, District Court, Water
Division 5, an altemate point of diversion was decreed on the right bank of
the Colorado River at a point whence the East l/4 comer of Section 6,T ' 7
South, R.95 West of the 6th P.M. bears North 35 degrees 0 minutes East
1,880 feet.
Source: Parachute Creek, tributary to the Colorado River.
Aoorooriation:
A. Date of appropriation: November 27,2007.
B. How appropriation was initiated: Field inspection, monumentation, survey,
formulation of intent to apply water to beneficial use, and adoption of resolution
by Puckett.
Amount claimed:
7)
8)
e)
26.
27.
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 8
A.
B.
360 acre feet, conditional, with the right to refill.
Rate of diversion for filling the off-channel reservoir is 10.0 cfs.
Uses: Industrial, including energy exploration and development, mining, evaporation,
refining, power, domestic, stock watering, irrigation (including irrigation of up to 200
u"r"s of land owned by Puckett and for re-vegelation and reclamation associated with
mining and energy exploration and development), and augmentation,
Total number of acres proposed to be irrigated: Up to 200 acres, cumulatively
under the three Puckett Ponds decreed herein, owned by Puckett. Temporary
irrigation of other lands may also occur for re-vegetation and reclamation
associated with mining and energy exploration and development.
Legal description of acreage to be inigated: Property owned by Puckett within the
Parachute Creek basin, as shown on Exhibit 1.2. Temporary irrigation of other
lands may also occur for re-vegetation and reclamation associated with mining
and energy exploration and development.
Surface area of high water line: 30.6 acres.
A, Maximum height of dam: 30 feet.
B. Lenglh of dam: Approximately 3,620 feet.
Total capacitv of reservoir: 360 acre-feet. Active capacity: 360 acre-feet. Dead storage:
0 acre-feet
FOURTH CLAIM: PUCKETT POND NO.2
Name of reservoir: Puckett Pond No. 2.
Legal description: an off-channel reservoir to be located in Garfield County in the
North l/2 SW 1/4, Section 28, Township 6 South, Range 96 West, 6th P.M.,
approximately 1900 feet from the south line and 830 feet from the west line in
Garfield County. See Exhibit 1.2.
The name and capacity of the ditches and water rights to be used to fill the
reservoir, and the legal description of each point of diversion are set forth in
Paragraph 25 above.
28.
29.
A.
B.
A.
B.
30.
31.
32.
33.
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 9
Source: Parachute Creek, tributary to the Colorado River'
Anoronriation:
A. Date of Appropriation: November 27 ,2007 '
B. How appropriation was initiated: Field inspection, monumentation, survey'
formulation of intent to apply water to beneficial use, and adoption of resolution
by Puckett.
Amount claimed:
A. 396 acre feet, conditional, with the right to refill'
B. Rate of diversion for filling the off-channel reservoir is 10.0 cfs.
Uses: Industrial, including energy exploration and developmenU mining; evaporation;
,"nrriog; po*.rj domestic] stocliwatering; irrigation (including irrigation of up to 200
acres of land owned by Puckett and for re-ve[etation and reclamation associated with
mining and energy exploration and development); and augmentation.
A. Total number of acres proposed to be irrigated: Up to 200 acres, cumulatively
under the three Puckett Ponds decreed herein, owned by Puckett, Temporary
inigation of other lands may also occur for re-vegetation and reclamation
associated with mining and energy exploration and development.
B. Legaldescription of acreage to be irrigated: Property owned by Puckett within the
parachute Cieek basin, as-shown in Exhibit 1.2. Temporary irrigation of other
lands may also occur for re-vegetation and reclamation associated with mining
and energy exploration and development'
Surface area of high water linel. 20.9 acres.
A. Maximum height of dam: 35 feet.
B. Length of dam: Approximately 1,980 feet.
Total capacitv ofreservoir: 396 acre-feet
Active capacity: 396 acre-feet.
Dead storage: 0 acre-feet.
34.
35,
36.
37.
FIFTH CLAIM: PUCKETT POND NO. 3
38,
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page l0
40.
41.Amount claimed:
Name of reservoir: Puckett Pond No. 3.
A. Legal description: an off-channel reservoir to be located in Garfield County in the
w ltzNw l/4, section 28, and theElt2NEl/4 0f section 29, T.65., R.96W., 6th
p.M., approximately 1475 feet from the North section line and 0 feet from the
West section line of said Section 28. See Exhibit 1'2'
B. The name and capacity of the ditches and water rights to be used to fill the
reservoir, and the legai description of each point of diversion are set forth in
Paragraph 25 above.
Source: Parachute Creek, tributary to the Colorado River.
Appropriation:
39.
A.
B.
A.
B.
C.
Date of Appropriation: December 21, 2007.
How appropriation was initiated: Formulation of intent to apply water to
beneficial use, and adoption ofresolution by Puckett.
380 acre feet, conditional, with the right to refill.
Rate of diversion for frlling the off-channel reservoir is 10.0 cfs,
Uses: Industrial, including energy exploration and development; mining;
evaporation; refining; power; domestic; stock watering; inigation (including
iniiation of up to 20b acres, cumulatively under the three Puckett Ponds decreed
herlin, of land owned by Puckett and for re-vegetation and reclamation associated
with mining and energy exploration and development); and augmentation.
Total number of acres proposed to be irrigated: Up to 200 acres, cumulatively
under the three Fuckett Ponds decreed herein, owned by Puckett. Temporary
irrigation of other lands may also occur for re-vegetation and reclamation
associated with mining and energy exploration and development.
Legal description of acreage to be inigated: Property owned by Puckett withinthe
Paiachute Creek basin, as shown in Exhibit 1.2. Temporary inigation of other
lands may also occur for re-vegetation and reclamation associated with mining
and energy exploration and development.
D.
E.
42.Surfaqe area of high water line: 19.6 acres.
Case No, 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page ll
43.
44.
A. Maximum height of dam: 30 feet.
B. Length of dam: Approximately 2,480 feet.
Total capacity ofreservoir: 380 acre-feet.
Active capacity: 380 acre-feet.
Dead storage: 0 acre-feet.
Use of previously decreed water rights: The previously decreed water rights described in
fill the Puckett Ponds to the extent of Puckett's
.fuiri.d ownership in thlse rights, only in accordance with and subject to all terms and
conditions, including season o1w" limitations, of (1) the decree in Case No. 07CW239
changing such watei rights; (2) the decree in Case No. 07CW246 evidencing certain
wateirilnt exchanges; * Ol any substitute water supply plan approved for such use by
the State Engineer.
Integrated svstem finding. Puckett owns conditional water rights associated with the
@dPipeline,DowPumpingPIantandPipeline,EatonPipeline
No. l, Sinclair Fumping Plani and Pipeline, South Starkey Gulch Reservoir, Starkey
Gulch Reservoir, and th.- Tho*pron Criek Reservoir and Pipeline, which are decreed as
components of an integrated water system (see decrees entered in Case Nos. 95CW298,
02CW161, OZCWl62,-and 02CW16;Water Division 5). Applicants filed the Application
in this case to adjudicate additional water rights as components of an integrated water
supply system, wifch includes the existing water righ* referenced above, to provide a
y*r-io"nA water supply for oil and gas development, drilling and production operations,
Lil rhul. developmenjt and production, temporary and permanent employee and support
personnel housing, "o*-"r"iul office space, a hunting lodge, livestock gtazing, and other
uses associated with oil, gas, and oil shale development and production. The overarching
plan entails adjudicating the water rights claimed in this case, as well as other
i*d"rg.o*d, sr.tface, and storage watei rights tributary to Parachute Creek, changing
,.r.ruf existing water rights to iacilitate use in the integrated water supply plan, and a
plan for augmentation. Specifically, Applicants filed the application in Case No'
2OO7CW239 to change several absolute and conditional water rights to facilitate their use
in the integrated *-ut.r supply plan; the application in Case No. 2007CW244 for
underground water rights to be-,rsed in the integrated water supply plan; and the
appliclation in Case No'. OZCW246 for surface water rights to be used in the integrated
*it", supply plan. The Applicants also filed the application in Case No. 09CWl6 to
adjudicate a
-plan of auppnentation to facilitate the conjunctive use of all the
aforementioned water rights in an integrated water supply plan. The structures and water
rights described in this case and Case Nos. 2007CW239, 2007CW244, and2007CW246
cJnstitute an integrated water supply system, as defined by Denver v. Northem Colorado
Water Conservancy District, ZlAi.Za992 (Colo. 1955), because each structure and water
right of the system has a direct bearing on, and is necessary for the functioning of, the
.ritip system. Therefore, work accomplished on one portion of this integrated project
45.
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 12
46.
47.
48.
49.
50.
51.
52.
may be considered evidence of reasonable diligence on the part of the Applicants as to
the other portions of the project. C.R.S. g 37-92'301(4Xb).
CONCLUSIONS OF'LAW
Timely and adequate notice of the Application was given as required by law.
This Court has jurisdiction over the subject matter of these proceedings and over all
persons who may be affected whether or not they have appeared pursuant to C.R.S. $ 37-
92-203.
The Application is complete and covers all applicable matters required by $ 37-92-203.
The Court concludes the relief granted in this decree is consistent with the relief
originally requested in the Application, for which the Applicants gave public notice.
The Court concludes that Applicants have demonstrated the requisite first step to
appropriate water through intent and overt acts sufficient to place third parties on notice
and that the conditional water rights decreed can and wilt be diverted, stored or otherwise
captured, possessed, controlled, and beneficially used. In addition, the Court concludes
ttrat the water rights project can and will be completed with diligence and within a
reasonable time.
RULING, JUDGMENT AND DECREE
The Findings of Fact and Conclusions of Law set forth above are incorporated in the
Ruling, Judgment and Decree as if fully set forth below.
Applicants are granted a decree evidencing a conditional water right for the Forever
Yiung ppC Pond for storage in the amount of 7 acre-feet, with the right to refill, for
industiial uses, including energy exploration and development, mining, evaporation,
refining, power, domestic, and inigation for reclamation and site re-vegetation associated
with mining and energy exploration and development, and augmentation purposes with
an appropriation date of February 23,2007.
Applicants are granted a decree evidencing a conditional water right for storage in up to
three ponds or tanks constituting the Haystack Mountain Ponds (Haystack Mountain
PondJ 1-3) in the cumulative amount of 23.30 acre-feet, with the right to refill, for
industrial uses, including energy exploration and development, mining, evaporation,
refining, power, domestic, stock watering, augmentation and inigation for reclamation
and site rl-vegetation associated with mining and energy exploration and development,
and augmentation purposes with an appropriation date of June 5,2007.
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 13
53.Applicants are granted a decree evidencing a conditional water right fo1 the Puckett Pond
No. f for storagl in the amount of 360 acre-feet, with the right to refill and filling rate of
l0 cfs, for in-clustrial uses, including energy exploration and development: mining'
evaporation, refining, powe1; domestic] stock-watering, irrigation (including irrigation of
*p io 200 acres of-i*d, cumulatively under the three Puckett Ponds decreed herein,
owned by puckett and for re-vegetat-ion and reclamation associated with mining and
enelgy exploration and developm-ent), and augmentation with an appropriation date of
November 27,2007.
Applicants are granted a decree evidencing a conditionll w19r right for the Pu-ckett Pond
NL. Z for storag-e in the amount of 396 acr-e-feet, with the right to refill and filling rate of
l0 cfs, for in-clustrial uses, including energy exploration and development, mining'
evaporation, refining, powe1; domesticl stock-watering, irrigation (including inigation of
up io 200 acres of"iund, cumulatively under the three Puckett Ponds decreed herein,
owned by puckett and for re-vegetat-ion and reclamation associated with mining and
energy eiploration and development), and augmentation with an appropriation date of
November 27,2007.
Applicants are granted a decree evidencing a conditionll ryt9r right for the Puckett Pond
No. I for storag-e in the amount of 380 acre-feet, with the right to refill and filling rate of
t0 cfs, for industrial uses, including energy exploration and development, mining'
evaporation, refining, power, domesticl stocliwatering, irrigation (including irrigation of
up io 200 acres oiiu.,a, cumulatively under the three Puckett Ponds decreed herein,
oivned by puckett ard for re-vegetat-ion and reclamation associated with mining and
energy exploration and developmint), and augmentation with an appropriation date of
December 21,2007.
The water storage rights decreed herein may divert and fill in priority and, to the extent
such rights ar, *t oipriority, they shall be augmented pursuant to the decree in Case No'
09CWl6, or cease diverting.
This Decree does not grant the Applicant the right to enlarge and use the Low Cost Ditch
to carry more warer tt'an the apilicant is currintly entitled to have carried in said ditch
under ihe Applicant's current ovunership interest in the Low Cost Ditch water rights. If
additional diich capacity is physically necessary, and to assure that 10.0 cfs can be
diverted and canied in the Low bost Oitrt for purposes of filling the off-channel Puckett
pond Nos. 1,2 and 3 under their own rights as decreed herein, the Applicant, at its sole
expense, shall obtain such additional rights of way -and make such structural
modifications as are necessary to increase the capacity of the Low Cost Ditch to divert
and carry 10.0 cfs above the total 27.94 cfscurrently decreed to the ditch'
Further, if additional ditch capacity is physically necessary, to assure that up to 132'8 cfs
can be diverted and carried in tfre Low iost Ditch for purposes of filling the off-channel
puckett pond Nos. 1,2 and 3 under the Eaton Pipeline No. l, the Sinclair Oil and Gas
54.
55.
56.
57"
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 14
58.
59.
60.
Company Pumping Plant and Pipeline, the Dow Pumping Plant and Pipeline and The Oil
Strate Corporation- Pumping Plant and Pipeline water rights, the Applicant, at its sole
.*p"or., ,hull obtain
'trit additional rights of way -and make such structural
modifications as are necessary to increase the capacity of the Low Cost Ditch to divert
and carry up to 132.8 cfs above the flow rates set forth in the preceding paragraph.
Further, if additional ditch capacity is physically necessary, to assure that up to l0'0 cfs
can be diverted and carried in ttre LowCLst Ditch for purposes of filling the off-channel
Puckett Pond Nos. l, 2 and 3 under the exchange decreed in Case No' 07CW246 the
Applicant, at its sole expense, shall obtain such additional rights of way and make such
structural modifications as are necessary to increase the capacity of the Low Cost Ditch
to divert and carry up to 10.0 cfs above the flow rates set forth in the preceding two
paragraphs.
prior to making any structural modifications as may be necessary to increase th-e.capacity
of the Low Coit Ditoh to divert and carry more than the currently decreed 27.94 cfs,the
Applicant shall reach agreement, with- the other ditch water rights owners_ (which
ajreement Chevron shall-not unreasonably withhold), 91 u formula for sharing the ditch
o[eration and maintenance costs. The iormula shall be based, in part, on the ditch
capacity and the segment or segments of the ditch used by each ditch owner'
Water diverted in the exercise of any water right decreed in this matter may not be used
on Chevron lands except those lands in the Parachute Creek basin for which Caerus
cunently has an oil and gas lease, or by written agreement with Chewon'
pgrsuant to C.R.S. $ 37-92-502(5), Applicants shall install, maintain, and monitor at
locations determined by the Diviiion Engineer, and at the Applicants' expense, such
measuring devices, and shall implement such accounting procedures, as may be required
by ttre piiision Engineer. In addition, appropriate water regulating devices, approved by
tt " Diuirion Engirieer, shall be installed upo, construction of each pond, which is the
subject of this matter, to prevent out-of-priority diversions or diversions of direct
irrigation water from the Low Cost Ditch to storage. Such measuring devices may also
record diversions that may be made in free river conditions. The State and Division
Engineer, or designated agents, shall have access to such measuring devices as needed.
pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
the sale or transfer of the conditional water rights confirmed in this decree, the transferee
shall file with the Water Court a Notice of Transfer stating:
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 15
Dated this day of
WATER REFEREE:
A.
B.
C.
D.
E.
The title and case number of this Case;
A description of the conditional rights transferred;
The name of the transferor;
The name and mailing address of the transferee;
A copy of the recorded deed or other conveyance instrument'
The new owner of the conditional water rights shall also notiff the Clerk of the Division
5 Water Court of any .h*g. in mailing -uddtttt. The Clerk shall place any notice of
transfer or change of addresi in the .urc irl. in which the conditional decree was entered
and in the case fiI. in which the court first made a finding of reasonable diligence.
An Application for a Hexennial Finding of Reasonable- Diligence shall be filed on or
desire to maintain these conditional *ater tigttts ot .t rtil a determination has been made
that these conditional water rights have become absolute water rights by reason of the
completion of the appropriations.
This ruling shall be filed with the Water Clerk subject to judicial review'
A copy of this ruling shall be filed with the appropriate Division Engineer and the State
Engineer.
61.
62,
63.
.,20
Holly K. StrablizkY, Water Referee
Water DivisionNo. 5
State of Colorado
Case No. 07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 16
DECREE OF TI{E WATER COURT
No protest was filed in this matter, accordingly, the foregoing ruling is confirmed and approved,
and is made the judgment and decree ofthis Court.
Dated this day of
WATER JUDGE:
James Boyd, Water Judge
Water DivisionNo. 5
State of Colorado
,20
CaseNo.07CW245
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page l7
EXHIBIT LIST
Exhibit 1: Caerus and PLC Water Rights, General Locations Map
Exhibit 1.1: Haystack Mountain Location Map
Exhibit 1.2: Caerus and PLC Ponds, Well Fields, and Development Area Map
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Applicants Puckett Land Company and Caerus Piceance, LLC ("Co-Applicant") and Berry
Petroleum Company ("Opposer"), by and through their attorneys, hereby stipulate and agree as
follows:
l. Opposer agrees to the entry of a Ruling of Referee and Decree of the Water Court no
leii restrictive than the pioposed Findings of Fact, Conclusions of Law, Ruling of
Referee, and Judgment and Decree dated and attached as Exhibit A to
this Stipulation.
Opposer and Applicant further stipulate and agree that each will bear their own costs
and fees associated with this matter.
This Stipulation shall be enforceable by the parties either as an agreement, or as an
order of the Water Court.
2.
J.
Acount usE oNLYA
Case Number:
07cw246
(Division 5)
District Court, Water Division 5, Colorado
Garfi eld County Courthouse
109 8th Street, Suite 104
Glenwood Springs, CO 81601
970194s-507s
CONCERNING THE APPLICATION FOR WATER RIGHTS FOR
PUCKETT LAND COMPANY AND CAERUS PICEANCE, LLC ON
PARACHUTE CREEK, TRIBUTARY TO THE COLORADO RIVER,
IN GARFIELD COUNry
Attorneys: Peter D. Nichols, #33167
Berg Hill Greenleaf & Ruscitti LLP
lT12Pearl Street
Boulder, Colorado 80302
PhoneNumber: (303)402-1600 Email: pdn@bhgrlaw'com
Fax Number: (303) 402-1601
Attomeys: Ramsey L. IftoPf, #21528
Danielle L. Van Arsdale, #42800
PatRtcK, MIt leR, KnoPn & Noro, P.C.
0197 Prospector Rd., Suite 2104A
Aspen, CO 81611
PhoneNumber:9701920-1028 E-Mail: kropf@waterlaw.com
FAX Number: 9701925-6847 vanarsdale@waledqv r9!!
STIPULATION AND AGREEMENT BETWEEN APPLICANTS AND
OPPOSER BERRY PETROLEUM COMPANY
District Court, Water Division 5
Page 2
Case No. 07CW246
Stipulation and Agreement with Berry Petroleum Company.
4. This Agreement shall benefit and be binding upon the heirs, successors and assigns of
the undersigned parties.
RESPECTFULLY SUBMIT"TED thiS day of ,2014.
Attornevs for Apolicanls Puckett Land Comoanv and Caerus Piceance, LLC:
BERG HILL GREENLEAF & RUSCITTI LLP PATRICK, MILLER, KROPF & NOTO, P.C,
A Professional Corporation
By:By:
Peter D. Nichols, #33167
Berg Hill Greenleaf & Ruscitti LLP
1712 Pearl Street
Boulder, Colorado 80302
(303) 402-1600
pdn@bhgrlaw.com
ATTORNEYS FOR CO.APPLICANT,
PUCKETT LAND COMPANY
Attornevs for Opnoser Berrv Petroleam Comoanv
HOLLAND & HART LLP
l?.1 .f{
William H. Caile, #32223
Holland & Hart LLP
555 Seventeenth Street
Suite 3200
Denver, CO 80202
(303) 2e2-8000
wh cail e(@ho11 an dhart.com
ATTORNEYS FOR OPPOSER,
BERRY PETROLEUM COMPANY
Ramsey L. IGopf #21528
Danielle L. Van Arsdale, #42800
0197 Prospector Rd., Suite 2104A
Aspen, CO 81611
(970)920-1028
kropf@waterlaw.com
ATTORNEYS FOR CO.APPLICANT,
CAERUS PICEANCE,LLC
By:
Dishict Court, Water Division 5
Page 3
Case No. 07CW246
Stipulation and Agreement with Berry Petroleum Company.
CERTItr'ICATE OF SERVICE
I hereby certi$/ that on this
-
day of
Notice in the above captioned case was served
System@ (ICCES@) on the following:
2014, a true and correct copy of the foregoing
via the Integrated Colorado Courts E-Filing
I0istin Howse Moseley
Karen L. Henderson
Glenn E. Porzak
Porzak, Browning & Bushong LLP
929Pearl Street, Suite 300
Boulder, CO 80302
[Exxon Mobile Corporation]
Jack F, Ross
Mark T. Valentine
Dufford & Brown, P.C.
1700 Broadway, Suite 2l 00
Denver, CO 80290-2101
[Chevron U.S.A.lnc.]
Jacques S, Ruda
Girsh & Rottman PC
l33l lTth Street Suite 510
Denver, CO 80202
[ConocoPhilips Co.]
Paul L. Benington
Assistant Attomey General
Water Rights Unit
Natural Resources and Environment Section Office of
the Aftorney General
1525 Sherman Street, 5th Floor
Denver, CO 80203
[State and Division Engineers]
Kirsten Marie Kurath
Mark A. Hermundstad
Williams, Turner & Holmes, P.C.
200 North 6th Street
PO Box 338
Grand Junction, CO E1502
[Grand Valley Water Users Association]
[Orchard Mesa Inigation District]
[Ute Water Conservancy District]
Peter D. Nichols
Berg Hill Greenleaf & Ruscitti LLP
1712 Pearl Street
Boulder, Colorado 80302
[Puckett Land Company]
William H. Caile
Holland &Hart LLP- Denver
555 Seventeenth Street, Suite 3200
Denver, CO 80202-3979
[Berry Petroleum Company]
[Williams Production RMT Company]
Peter J. Ampe
Hill & Robbins PC
1441 lSth Street, Suite 100
Denver, CO 80202
[Town ofParachute]
Christopher L. Ceiger
Scott M. Balcomb
Balcomb & Green, P.C.
El8 Colorado Avenue
PO Drawer 790
Glenwood Springs, CO 81602-0790
[Solvay Chemical Inc,]
John (Robert) Pierce
Nathan A. Keever
Dufford Waldeck Milburn & Krohn, LLP
744Horimn Court, Suite 300
Grand Junction, CO 81506
[Ivo Lindauer]
Crissy Gibson Sit
InaccordancewithC.R.C.P. t2t fl-26(9),thisdocumenthasbeenelectronicatlyJiledviaICCES, Aprintedcopyofthis
document with original signaturei is maintained by Palrich Milter & Krop{ & Noto, P.C. and will be made available {or
inspection by other parties or the Court upon request.
District Court, Water Division 5
Garfi eld County Courthouse
109 8th Street, Suite 104
Glenwood Springs, CO 81601
970/945-5075
CONCERNING THE APPLICATION FOR CHANGES TO THE
WATER RIGHTS FOR PUCKETT LAND COMPA}IY AND
CAERUS PICEANCE LLC ON PARACHUTE CREEK, TRIBUTARY
TO THE COLORADO RIVER" AND THE COLORADO RIVER,IN
GARFIELD COUNTY AcounrusE oNLYA
CaseNumber:
07cw246
@ivision 5)
FINDINGS OF FACT, CONCLUSIONS OF'LAW, RULING OF REFEREE,
JUDGMENT AND DECREE OF'WATER COURT
The application was filed on December 28,2007, and was referred to the undersigned as
Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court, in
accordance with c.R.S. $ 37-gz-101 et seq., known as The Water Right Determination and
Administration Act of 1969.
The Referee, having made such investigations as are necessary to determine whether or
not the statements in the Alpfication are true, having consulted with the Division Engineer, and
having become fully advisiO *ittr respect to the su6ject matter in the Application, does hereby
makeihe following Findings of Fact, Conclusions of Law, and Ruling in this matter:
FINDINGS OF FACT
1. Name. address and telephone number of Co-Applicants:
Puckett Land company ("Puckett") caerus Piceance LLC ("Caerus")
Attn: Eric Stearns, President Attn: Matthew A. Wurtzbacher, P.E.
5460 S, Quebec Street, #250 600 17th Street, Suite 1600 North
Greenwood Village, CO 80111-1917 Denver, CO 80202
(303)773-t094 (303) s6s-4600
Erhibit A
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page2
with copy to:
Peter D. Nichols, Esq.
Berg Hill Greenleaf & Ruscitti LLP
lT12Pearl Street
Boulder, Colorado 80302
with copy to:
Ramsey L. Kropf, Esq.
Danielle L. Van Arsdale, Esq.
Patrick Miller, KroPf & Noto, PC
197 Prospector Drive, Ste. 21044,
Aspen, CO 8t6ll
2. General puryose of Application. Applicants filed this Application as a component part of
larr for year-round energy development, drilling and
production operations, oif rt ut" development and production, temporary and permanent
Lmployee and support personnel houJing, commercial office space, a hunting lodge,
livistock gruzing,- ind other uses associatid with oil, gas, and oil shale development and
energy proarr"tiJn. This overarching plan entails adjudicating underground, storage, and
direct flow water rights tributary to i'araohute Creek, changing several existing senior
water rights for use at th"se structures by direct diversion or exchange, and augmenting
these structures with releases from Ruedi Reservoir and Wolford Mountain Reservoir
pursuant to a Colorado River Water Conservation District water supply contract, and
other water contracts and rights. The related plan for augmentation was filed in Case No'
09cw16.
3. Statements of opposition. The following parties timely filed statements of opposition to
the Applicationi
-Solvay
Chemical, Inc., Town of Parachute, Berry Petroleum Company,
conocoPhillips compaoy, chevron u.s,A. Inc., Ivo Lindauer, and ExxonMobil
Corporation. The Appiicants have resolved that opposition by stipulations and
agreements filed with the Court, and herein are approved'
4. The statements in the Application are true.
FIRST CLAIM: PARACHUTE CREEK PDC DIVERSION
5. Name of structurE: Parachute Creek PDC Diversion'
6" Leeal description of point of diversian: SE 1/4 SE 1/4 Section 8, Township 6 South,
@.,atapointapproximately355feetfromthesouthlineandl,240
feetirom the east line of said Section 8. See map, Exhibit 1'
7. Source: Parachute Creek, tributary to the Colorado River'
8. A. Date of initial appropriation: November 15, 2007'
B. How appropriation was initiated: Field inspection, monumentation, survey,
formulation of intent to apply water to beneficial use, diversion, application to
beneficial use.
C. Date water applied to beneficial use: November 15,20Q7 '
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 3
9.Amount claimed: 1.5 cfs, absolute and 0.5 cfs conditional for industrial uses, including
",*rgy "*plo.ution
and development; 2.0 cfs conditional for mining, refining, power,
domEstic, stock watering, augmintation, and imigation for reclamation and re-vegetation
in connection with "rr.igy eiploration and development and mining, by direct use or
following storage in tanks and ponds.
Uses or proposed uses: Indushial, including enelgy exploration and development;
@;domestic;stockwatering;augmentation;andinigationfor
reclamation *d ,*"g.tation in connection with energy exploration and _development,
and mining; by direJt use or following storage in tanks and ponds' In its annual
accountingl Applicants will summarize the mix of uses described above. The place of
use is shown generally in Exhibit 1.3'
SECOND CLAIM: FOREVER YOUNG PDC DMRSION
Name of structure: Forever Young PDC Diversion.
Legal description of point of diversion: NW l/4 SW 1/4 Section I l, Township 6 South,
approximately 1,345 feet from the south line and
1,265 feetfrom the west line of said Section 11. See Exhibit l'
Source: Corral Gulch, tributary to Garden Gulch, tributary to Parachute Creek, tributary
to the Colorado River.
A. Appropriation Date: November 15,2007.
B. How appropriation was initiated: Field inspection, monumentation, survey,
formulation of intent to apply water to beneficial use.
Amount claimed: 1.0 cfs; conditional.
Uses or proposed uses: Industrial, including energy exploration and development;
*@r;domestic;inigationforreclamationandre.vegetationin
connection with energy exploration and development and mining; and stock watering; by
direct use or following stoiage in tanks and ponds. The place of use is shown in Exhibit
1.3.
THIRD CLAIM: PARACHUTE CREEK PUCKETT EXCHANGE
Name of exchanqe: Parachute Creek Puckett Exchange.
A. Description: Water delivered to the Colorado River or Parachute Creek from the
exchange-from points listed below will be exchanged up Parach-ute Creek to the
exchange-to points listed below. The exchange reach is from the confluence of
10.
11.
12.
13.
14.
15.
16.
1,7.
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 4
parachute Creek and the Colorado River up Parachute Creek to the points listed
below. The map attached as Exhibit I shows the exchange reach described
below.
B. Exchange-from Points.
i. Confluence of Colorado River and Parachute Creek (contract water and
Rulison and Miller Ditch credits).
ii. Diamond Ditch headgate'
iii. South Starkey Gulch Reservoir.
iv. StarkeY Gulch Reservoir.
v. Puckett Ponds 1,2 and 3 release structures'
vi. Low Cost Ditch headgate.
C. Exchange-to points on Parachute Creek.
i. Parachute Creek PDC Diversion on Parachute Creek'
ii. Forever Young PDC Diversion'
iii. Low Cost Ditch headgate.
iv. Puckett Well Field.
v. StarkeY Gulch Reservoir.
vi. South Starkey Gulch Reservoir'
vii. Wheeler Gulch Well Field, point of depletion to Parachute Creek.
18. Sources ofsupply forthe exchange.
A. Water supplied pursuant to Colorado River Water Conservation District Contract,
CW06004; for IZO acre-feet, as may be amended in the future, or additional
Colorado River Water Conservation District or other contracts that Applicants
may acquire jointly or separately in the future. Contract CW06004 is attached as
Exhibit 2.
B. The following water rights are involved in the above-described exchange as
changed in Cise No. 07CW239 (which account for an average of approximately
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 5
238.1 aqe-feet of historical depletion credits, subject to the terms and conditions
of any decree entered in 07CW239):
i. Low Cost Ditch, the decreed diversion point is located in Garfield County
on the east bank of Parachute Creek, about eight miles above the mouth'
as decreed for 5.0 cfs (of which Puckett claims 0.5 cfs) on May 11, 1889,
in Civil ActionNo. 103, District Court, Garfield County'
ii. Low Cost Ditch, First Enlargement, the decreed diversion point is located
in Garfield County on the
"ust
bunk of Parachute Creek, about eight miles
above the mouth, as decreed for 9.0 cfs (of which Puckett claims 0'5 cfs)
on May ll, 18b9, in Civil Action No. 103, District Court, Garfield
CountY.
iii. Low Cost Ditch, Yeoman Enlargement, the decreed diversion point is
located in Garfield County on the east bank of Parachute Creek, about
eight miles above the mouth, as decreed for 1.6 cfs (of which luckgtt
claims 1.1 cfs) on February 20, 1900, in civil Action No. 770, District
Court, Garfield CountY.
iv. Diamond Ditch, First Enlargement, the decreed diversion point is located
in Garfield County on the West bank of Parachute Creek, about one and
three-fourths miles above the mouth on Section 12, Township 7 South,
Range 96 West, as decreed for3.2 cfs on May 11, 1889, in Civil Action
No. 103, District Court, Garfield County.
v. Rulison & Miller Ditch, the decreed diversion point is located in Garfield
county in the swl/4 swl/4 of section 35, Township 6 south, n*q" ?l
West of the 6th P.M., at a point from whence the Southwest corner of said
Section 35 bears South 64 degrees 27 minutes 44 seconds West, 234'98
feet, as decreed for 1.6 cfs (of which Puckett claims 0.51 cfs) on
December 20, lg2g in civil Action No. 2748, District court, Garfreld
County and as changed by decree entered April 21, 1997 in 95CW100,
District Court, Water Division 5.
vi. Starkey Gulch Reservoir. The initial point of survey for said reservoir is
located at a point whence the SW corner of Section 36, Township 6 South,
Range 97 West of the 6th P.M., bears N 85o 37' W, a distance of 8,774
feet,-as decreed for 7,360 acre-feet (conditional), on August 23, 1972, in
Case No. W-32l,District Court, Water Division 5'
vii. South Starkey Gulch Reservoir. The initial point of survey for said
reseryoir is located at a point whence the SW comer of Section 36,
Township 6 south, Range 97 West of the 6th P.M., bears N 85" 03' w, a
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 6
19.
20.
distance of 12,000 feet, as decreed for 5,541 acre-feet (conditional), on
August 23,1g72,in Case No. W-321, District Court, Water Division 5.
C. Water storage rights claimed for Puckett Ponds 1,2 and 3, as described in Case
No.07CW245.
Exchange matrix: A matrix showing the exchange points and flow rates for each
exchange is attached as Exhibit 1.4.
Date of initial appropriation: Decembet 21',2007.
A. How the appropriation was initiated: Field inspection, mapping, entering
Caerus's water supply contracts, formulation of intent to apply water to beneficial
use, and adoption of a resolution by Co-applicant Puckett'
Amount claimed: 500 acre-feet, conditional.
Rate claimed: The exchanges may be operated simultaneously up to a maximum
ag$egate amount of 10.0 cfs, conditional.
Uses: Industrial, including energy exploration and development; commercial; mining;
w-aporation; refining; poni.r; domestic; inigation for reclamation and revegetation in
connection with enJiy exploration and devilopment and mining; stock watering; and
augmentation. Water -exchanged may be used directly or following storage in tanks and
poidr. The use of water by eichange shall be in accordance with the uses decreed for the
substitute supplies. The piace of uie for water exchanged under this decree shall be in
accordance with the decreed place of use for the substitute supplies.
Manner of operation of exchanges: The exchanges will be operated at times.when the
flo*, in Purachute Cr."t *a itJ tributaries are suflicient for the proposed exchange and
all other lawful requirements for the exchange are satisfied. Applicants se9! to operate
the exchanges at any of the exchange pointJ in conjunction with and as fully described
and limited in the algmentation plan decreed in Case No. 2009CW16, and at the same
time if necessary. Ho-wever, the exchanges, even if diverting at more than one point, will
be limited to a cumulative maximum total of 10.0 cfs under this decree. Applicants will
provide notice to the Division Engineer when the exchange is being operated' Only
water rights that are physically and legally available shall be operated through this
exchange.
Terms and conditions resardine exchanges:
A. Live stream: Water may be diverted by exchange only at such times as and to the
extent that a live stream would exist between the exchange-from Point and the
exchange-to point absent the operation ofthe exchange'
21.
22.
23.
24.
25.
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
PageT
C.
Division Engineer or Water Commissioner approval of exchange operations:
Applicants siall notiff the Division Engineer or Water Commissioner and obtain
approvat of the Division Engineer or Water Commissioner before operating any
ofthe exchanges decreed herein.
Administration within priority system: The exchanges approved in this decree are
appropriative water rights and like other appropriative water rights will be
exercised within the priority system, so that Applicants' rights of exchange are
subject to the legal catl of water rights senior in priority and are able to call out
*ut.r rights junior in priority to Applicants' rights of exchange as decreed herein.
B.
26,Integrated System. Puckett owns conditional water rights associated with the TOSCO
Pr*ptrg Pt""t *d Pipeline, Dow Pumping Plant and Pipeline, Eaton Pipeline No' 1,
Sinciair-Pumping Plant and Pipeline, South Starkey Gulch Reservoir, Starkey Gulch
Reservoir, urra it " Thompson Creek Reservoir and Pipeline, which are decreed as
components of an integrated water system (see decrees entered in Case Nos. 95CW298,
02CWt6l, OZCWt62, and 02CWl6, Water Division 5). Applicants filed this Application
to adjudicate additional water rights as components of an integrated water supply system,
whic-h includes the existing water rights referenced above, to provide a year-round water
supply for energy exploraiion and development, drilling and production operalions, oil
shaie-developmlnt and production, temporary and permanent employee and support
persorurel housing, commercial office space, a hunting lodge, Iivestock gtazing,
inigation, and oiher uses associated with energy exploration, development and
proiuction. The plan entails adjudicating the water rights claimed in this case, as well as
other underground, surface, and storage water rights tributary to Parachute Creek,
changing several existing water rights, and a plan for augmentation' Specifically,
appfcaits filed the following applications: Case No, 07CW239 to change several
absolute and conditional water rigt ti to facilitate their use in the integrated water supply
plan; Case No. 07CW2 44 for underground water rights to be used in the integrated water
rupply plan; and Case No. O7CW245 for water storage rights to be used in the integrated
*ui.isupply plan. The Applicants also filed the application in Case No' 09CWl6 to
adjudicate a
-plan of augmentation to facilitate the conjunctive use of all the
aforementioned water rights in an integrated water supply plan. The structures and water
rights described in this case and Case Nos. 07CW239, 07CW244, and 07CW245
co-nstitute an integrated water supply system as defined by Denver v. Northern Colorado
Water Conservancy District, ZIA p,ZA 992 (Colo. 1955), because each structure and
water right of the iystem has a direct bearing on, and is necessary for the functio:ring of,
the entiri system. Therefore, work accomplished on one portion of this integrated project
may be considered evidence of reasonable diligence on the part of the Applicants as to
the other portions of the project. C.R.S' $ 37-92-301(4Xb).
CONCLUSIONS OF LAW
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 8
27.
28.
Timely and adequate notice of the Application was given as required by law'
This court has jurisdiction over the subject matter of these proceeding. Tt over all
prrron, who may be affected whether or not they have appeared pursuant to C'R'S' $ 37-
92-203.
The Application is complete and covers all applicable matters required by c.R.S' $ 37-
92-203. The Court concludes that the relief granted by this decree is consistent with the
relief originally requested in the Application,ior which Applicants gave public notice'
With respect to the conditional rights, the Court concludes that the Applicants have
demonstrated the requisite first step to appropriate water through intint 10 appropriate and
overt acts manifestin! such intentio pUcl third parties on notice' The Court further finds
and concludes that th=e water rights decreed can and will be diverted, stored or otherwise
"upt*.0,
possessed, controlleiand beneficially used. In addition, the Court finds and
concludes that the water rights project can and will be completed with diligence and
within a reasonable time.
A portion of the Parachute creek PDC Diversion is made absolute by virtue of
Applicants (1) capturing, possessinE, and controlling water; and (2) applying- -water
to
beneficial trse'. LdayenZ'v. New Anierson Ditch Co.,962P.2d961-62 (Colo' 1998)'
The water for the exchanges decreed herein is of a quality and quantity so as to meet the
requirements for which tle water of senior appropriators- has normally been used' and
such water shall be accepted by senior upptopriutors in exchange for water derived by the
exercise of their decreed rights. c.R.s. $$ 37-80-120,37'92'305(5).
The Findings of Fact and conclusions of Law above are incorporated in the Ruling,
Judgment and Decree as if fully set forth herein'
Parachute Creek PDC Diversion:
A. Applicant is granted a decree evidencing a water right for the Parachute Creek
pDC Diversion in the amourt of 1.5 cfs absolute and 0.5 cfs conditional fot
industrial uses, including energy exploration and development, by- direct.use or
following storage in tank-s a"d pbnds, with an appropriation date of November 15,
2007.
B. Applicant is granted a decree evidencing a con-ditictnal watq right for the
Parachute Crelt PDC Diversion in the amount of 2.0 cfs for mining; refining;
power; domestic; stock watering; irrigation for reclamation and re-vegetation in
connection *itt energy exptoration and development and mining; and
29.
30"
31.
32.
33.
34.
Case No, 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 9
augmentation purposes; by direct use or following storage in tanks and ponds,
with an appropriation date of November 75,2007 '
35. Forever young pDC Diversion: Applicant is granted a decree evidencing a conditional
g ibC Diversion in the amount of 1.0 cfs for industrial
uses, including energy exploratioi and development; mining; refining; power; domestic;
inigation for ieclaniation and re-vegetation in connection with energy exploration and
development and mining; and stock iatering, by direct use or following storage in tanks
andpondswithanappropriationdateofNovemberl5,200T.
36. Parachute Creek Puckett Exchange: Applicant is granted a -decree evidencing a
conditionalu@changeusingtheexchange-fromandexchange-to
points, and the exchange flow rates set forih in pitriUit 1.4, with a total volumetric limit
of 500 acre-feet p", y.i, and cumulative flow rate of 10.0 cfs. In conjunction with said
conditional righf of-exchange, Applicant is further granted an-app-roPliation date of
December ZtiZOOl, and tfrJrigtrrto use such exchanged water for the following uses:
industrial, including energy exploration and development; commercial; mining;
evaporation; refinin!; po*Jrj domestic; irrigation for reclamation and re-vegetation in
connection with energy exploration and development and mining; stock watering; and
augmentation. Wateiixchanged may be used directly or following storage in tanks and
ponds.
37. No injury. So long as the exchange decreed herein is operated in accordance with the
terms and conditiins in this decie, no injury to other water rights will result from
operation of the exchange. The junior waier riglrts shall be operated in priority or in
accordance with the plan for augmentation decreed in case No. 09CW16'
38. Measuring devices: Pursuant to c.R.S. S 37-92-502(5), Co-applicants shall install,
maintain, *d r*Iritor at locations determined by the Division Engineer, and at the Co-
applicants' expense, such measuring devicet, *9 shall implement such accounting
pio""dr5es, an-d record diversions, uJ *uy be required by the Division Engineer' The
State and Division Engineer, or designated agents, shall have access to such measuring
devices as needed.
39. This Decree does not grant the Applicant the right to enlarge and use the Low Cost Ditch
to ciury more water than the epiiicant is currently entitled to have carried in said ditch
under the Applicant's current ownership interest in the Low Cost Ditch water rights' To-
assure that 10.0 cfs can be diverted and carried in the Low Cost Ditch for purposes of
operating the exchange decreed herein, the Applicant, at its sole expense, shall obtain
such additional rights of way and make such structural modifications as are necessary to
increase the capac'ity of the Low Cost Ditch to divert and cany 10.0 cfs above the total of
27.94 cfs..*rntly decreed to the ditch, to the extent additional capacrty is necessary.
Further, to the extent additional ditch capacity is necessary, obtaining any additional
rights of way and making structural modifications as are necessary to increase the
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page l0
capacity of the Low Cost Ditch to divert and carry water to fill Puckett Pond Nos' 1, 2
and 3 unde. thei. own water rights and under the Eaton Pipeline N9' 1, the Sinclair Oil
and Gas co-pu"y Pumping Plant and Pipeline, the Dow Pumping Plant and Pipeline and
The Oil Shale Corporation fumping Plant and Pipeline water rights, shall be in addition
to the rights "f ;;i;ra structur;l m-odifications required by the preceding paragraph'
prior to making any structural modifications as are necessary to increase the capacity of
the Low Cost Ditch to divert and carry more than 27.94 cfs, the Applicant shall reach
agreement, with the other ditch water iight o*o".s (which agreement Chevron shall not
unreasonabfy withhold), on a formula for sharing the ditch operation and maintenance
costs. The formula sli,all be based, in part, on the ditch capacity and the segment or
segments of the ditch used by each ditch owner'
40. pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
the sale or transfer of the conditional water rights confirmed by this decree, the transferee
shall file with the water court aNotice of Transfer stating:
A. The title and case number of this Case;
B. A description of the conditional rights transferred;
C. The name of the transferor;
D. The name and mailing address of the transferee;
E. A copy of the recorded deed or other conveyance instrument.
The new owner of the conditional water rights shall also notify the Clerk of the Division
5 Water Court of any change in mailing -uddr.r.. The Clerk shall place any notioe of
transfer or change of aaOress in the .ur"?rl. in which the conditional decree was entered
and in the case ile in which the court first made a finding of reasonable diligence.
41. The water rights described in this Application are_limited to use in the Colorado River
Basin except-as may be changed in a iuture Water Court Application or Applications'
42. Water diverted in the exercise of any water right or exchange decreed in this matter may
not be used on Chevron lands excep those lands in the Parachute Creek basin for which
Caerus currently has an oil and gu, i"ut", or by wriften agleement with Chevron'
43. An Application for a Hexennial Finding of Reasonable Diligence shall be filed in
',,;trll'h:::";Tjl,"#:i'flI"'-'1ffi "'::'i1|1:i
determinationiu. been made that these conditional water rights have become absolute
water rights by reason of the completion of the appropriations.
44. This ruling shall be filed with the Water Clerk subject to judicial review.
45. A copy of this ruling shall be fited with the appropriate Division Engineer and the State
Engineer.
Case No, 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page ll
Dated this day of
WATER REFEREE:
Hotly K. Strablizky, Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter, accordingly, the foregoing ruling is conflrrmed and
approved, and is made the judgment and decree of this Court'
Dated this day of .,20_.
WATER JUDGE:
James Boyd, Water Judge
Water DivisionNo.5
State of Colorado
Case No. 07CW246
Proposed Findings of Fact, Conclusions of Law, Ruling and Decree
Page 12
EXHIBIT LIST
Exhibit 1: Caerus and Puckett Water Rights Map, including exchange reaches
Exhibit 1.3: Proposed Place of Use Map
Exhibit 1.4: FlowRates / Exchange Points Matrix (revised l0l2ll3)
Exhibit 2: Colorado River Water Conservation District Water Supply Contract
kru..rP[ @nonB SlEb
iot 1
Exhibit 1.4
Caerus/PLC River Exchange Rates
@if,6o ol Cd@do fdwlrld PDGhui6 C@h (1)
DlEMd DII(,tt hEdgak. (5)
Soulh Stutsy Gulsh Remlr.
Sbiley Gulch Rerwir-
PEkettPfids 1. 2and 3 GlEa EkwluE.
Ld Ooit DXdl h3rdglt - (6)
Runs std tJls D&n 6)
Mqrorl, sts liniE
Mmtily sts Erlt3
Prachut€ cmkPrc
ohEElon on Pfficida
Cts€k
eo cB
0.4 cl8
Z0E3
20 e&
z0 cl!
1:O cA
02. ch
Fwes Yqhg PDc
Oi@bn
t.0 dE
1.C c6
1,0 cls
1.0 rb
t,0 ch
1.O rfs
0:2 sfs
Pwlatl weU Fhld
2-5 cfs
0-4 s{s
1.5 cl5
2.5 dc
25 cla
O.ZcE
shrt.tculch sor{h st tey
REeml Gulch Rstrtr
10GA 10cE
04 ch o,it cft
t0cG
t0 cfs
I 0 cfr l0 ctr
tlo cti '120 ca
O.E.<|, o.2.cL
\ryhiBler Guki Wdl
Fbld. point of d39l€lion
lo Pslciuia CraC(
0.11 ds
0-l t cfs
0.1 I CJb
Low c6l Oitch
'10 cls
0'4 clt
10 clr
'10 ct
ol2 cG
SMc ol sDg, lmlud.:
1. wcbr 3LFrdhd FEUI b coaoE ro Hlr.rwds odEenEton olsiri:r c@l,.ct CWO6o(N. for l7o acBtgsr.a hay De @nddr ln itE t''{@. t9 to 5o0 AF'
2. luulrun amuat gdlarEE lEltne oot b qscd 50O AF iota' E an erchtnge
3. Mrtiilo Ebs q, drnagE bdEq ErcllillE Filtn ild Erchang€ To Polfi tre lEi'Ed iE lhe tdls'
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Exhibit 2.07C-W246
cw06004
WATEB. SUPPLY CONTRACT
This coutract is made between the coI;oMDo RrvEIt WATER CONSERVAI]ION
DISTRICT (herein the 'ts"ivcr Disftict' '), a political subdivision of the Stale of Colorado acting ty
uoa turo.tgn itr colorado River water frojects Enterprise, and PETROLEUM DEVELOPMEM
CORIORiTION(hvrein "Conhactor") effective as of July 1,2006'
RECNALS
A. Tho RivetDishict is authorized to contractto deliverwater for beneficialuse from
RiverDishictwaterprojectsprrsuuottoprovisionsof c.R,S, $ 37-46-101, etse4' (herein"Rjver
District Organic Act').
B. l11e RiverDjstrict is the owuer and operator of the Wolford Mounlain Resewoir
Projectlocatedon theMuddycreekdminagonearKreunling,colorarlo,havingobtainednelessqq
l"r'r*, to* rne District court ln aua for Colorado Water Divisiou No. 5 (hcrein "Water Corxt")
andpermitsfromgovernruenblagencios, and theRiverDistictis entitLed to deliveriesofwalerfrom
[urdi Rr*r,*oir incler its Coutricts with the U.S. Bureau of Reclsmation.
c, The River District's Board of Direotors has adopted a w_atq Marketing Polioy, as
rwisedr:nApril lg,2006,toprovidefortheuseofwateravailablefuomtlreRiverDistict'ssources
of supplypursu*t to cootrcis, auil thatWaterl4sftstingPolicyis to be implemented tlrough the
River Districts Water Projects Bntcrpnse.
D. Confiactorhas a need forwholesalewatersupply, dernonstated io its submittals to
theRiverDistrictpursuaiiotheWaterMarketfurgPolicy'scontractingprocess, intheamoutof 170
acre feet aunually-formunicipeUindusUiatpurpoies,whichbeneficialuseswillbe accomplishedby
CooUu"torg*.iuttyio tft"ri"inity ofParachune, Colorado,bysurfaceandground waterdiversions
from or witf,inthe Parachute Creek draimge, which is a lributary to thc Colorado River'
E. ContaqtorhasreviewedtheWaterMuketingPolicyandis awalicof the "Hydrology
Assumptious',which ar.e part of thatPolioy and is satisfiutl, hased on its review and investigations,
itrotEu'otu.tor'.legally aiJ physicalty can make use ftrr its intcnded purposes of thc Couhnsted
Watsr which is the sub.icct oittris Contract ana that such rue will cornplywith thc Water Muketing
Policy and theProjeet's permits and decree-s.
DEFINIIIONS
In this contract certain terms will have definitions as stated below:
r The "RiverDistriot"means the ColoradofuverWabrConservationDistrict created
and existingpursuant to the River District orgaliq A9t <tefrugd in Recital A and
actingbyaof,ihrough its ColoradoRiverWaterProjectsEnterprisewhichis cuncntly
cw06004
1VATER SUP}'I.Y CONTNACf
Prge 2 oftl
described and memorialized in the Resolution of the Colorado River Water
ConservationDistrict'sBoardofDirectorsdatedApril20,2005'
r The,.Projcct" meansthe River District's "cotoradoRiversupply" from (l) wolford
Mountain Reservoir, for whieh storage water right decrees were obtained by thc
River District in cases No. 8?C:W283, 95CW28 I and 98CW23? Distict court for
colorado water DivisionNo. 5, and forwhichadditionals0oragcwaterrightdecrees
*"y u" obtained ill thc futurc by the River District in other cases; and (2) the River
District's corrhactual right to water deliveries from Ruedi Reservoir.
a ,'Agricultural" means the use of watcr for commercial production of agricultural
cro-ps and livestock and otheruses consistent with any right decreed for inigation
purposes,whichusesaremadeonaparceloflandofatleasttenacres.
. "Municipal aud industrial" means tbe use of water by individuals, cities, towtls,
public oi quasipublic dishicts, privato corporations, homeowners nssociations, or
other entities fordomestic, municipal, and miscellaneotts related purposes as those
terms &re traditionatly *d ,orrrrnonly coustrued, including the use of water for
purposes ofproducini or processing a non-agriculturalproduct or service for sate,
in"iuaiog without liriitations, sucliuscs as manufacturing, mining, milling, land
reclamat-ion, golf course irrigation, snowmaking, aud non-hydroelectric power
generation; aid including the use of water for environmental mitigation plrPoses
issociated withsuchuses]butexceptiugtheagriculturaluse of watet defined herein.
o ,,Contracted Water" means the water which is the subject of this Contract which is
to be released and delivered by the River District and used by Coutractor' The
Co,tracted Water is 170 acre feet of ColoradoRiver Supply availableduriug each
Project Year during the term of this conhactn subject to the provisions hereof, tbr
Contractor's use wlthout right of carryover of any amottnt not used in any Project
Year.
. "Project Year" means a period of time from July I through and including the
subsequentJunc 30.
o .,WaterMarketingPolicy"meanstheRiverDistrict'spolicystatementasrevisedand
readoptecl .lpril D,z0oo, and as the same may be amended in the futurc.
e ,'project Hy& oloryAssurnptions"or "HydtologyAssumptions " meanstlte docttment
attachedasApp*iii*"A'iotheWaterMarketingPolicyadoptedonApril19,2006'
WATERSUPPLY CONTRACT
Puge3ofll
cw0600,1
AGREEMENTS
The foregoiugRecitals and Definitions ate incorporated herein as agreementsbctwccn the
Rivet District aud Contractor'
1.
b.
c.
d.
Deliverv. The River District will deliver the Contracted Water at the outlet works
Fttffirf*cted Water's sources of supply into the receivingnatural streams irr
q-.riitl"rpi"vided herein. Unless otherwiseigrecdtoby the RiverDistrict's General
M^oug., Lased upon written request of contractor, the River District will
makereleasesforContractoi,basedupon Contractotrs writtenscheduleofanticipated
IA*J, ,Jf r,ed as necessary by the ongoingstatus of river administrationvis-a-vis
th;ri.rifi.i"hrs of Contraciorb diuerslontlprovidedthat thereleasescanbemade
*iif,in tf.i operational limjtations of the River District's proJec! facilities as
J"t.""*"a by the Rive. Di*t.i"t in its sole discretiotr' Contractor shall be solely
irrp"rriur, after delivery for the legal ad physical delivery and use of the
ContactedWaEr.
DelivervCortinsencies. TheRiverDistrict's deliveryofContractedWatershallbe
;G"Li"C.rtr"t"f .paymentspursuant_tgqaragraph3belowa'dtheprovisions
foriutafunent of deliveries in paragraph 5 below'
WalerMg3luemenh. The River Distict shall tneasure at the outlet works of the
Co"h.r"ted Waterb rources of supply all Contracted Water delivered ltom the
account of contractor and shall notiry tn" Division Eugineu-of colorado water
Dir[i"" No. 5 of the Aate, tirne and amount of Contricted Water released and
a.fi""."a pursuant to this Contract. Copies ofsuch records shall be provided to
Contractorupon its request therefor'
waterQualitv. TheRiverDistrictshallhavenoobligationtocontractororanyother
di;G-ding and makes no warranties or representations.lo contractor
'*n".*io[ tt e q-uality of Conhacted Water delivered pursuant to this Contact by
rclcascs of raw water to natural steams.
Maintenance of Facilities. The RiverDish'ictshall rrsc its best efforts to maintain in
6fio^nm*.*A the water storage and release facilities of the Contracted
Water.
WithholdinqofDeliverv. TheRiverDistrictrnaywithholddeliveriesofContracted
ffintractor's noupaymentfor Contractcd Water ot any other
breachof this contractby contractor, s-uih remedyshall not bc the RiverDistrict's
exclusiveremedy in the event of any such breach'
cw06004WATER S(' PFI.Y CON'I'RACT
Page4 of t'l
g, Dclivcrv tionr prirnarv.or Alternatc Sources. The River District rvill deliver the
Coutractc<l Waterfrom thcso,r.c"rofColo*tloRiversupplydescribedhereinwhich
will meet the Contractor's need to satisff calls by seirior water rights or the
Co0tractor's physical need for any direct delivery. of. Coltracted Water to
Contractor,s diversions. Subject to-meeting those objectives, the River District
ressrves the right to provide ail or ally of the Contracted Water to Contractorfiom
alternate reserioirs ior Conhactor's use, provided that the altemate sources al'e
suitable to-f6yri"otty satisffcalls by senior-water rights.or Contractor's need for
direct de[v[ry. Any releases from iternate facilitics shall not diminish the zupply
of Contracted Water.
2. Conhactor's Water Use Oblieations and ResDonsibilities'
B. SchedulingofUse. ContractorhasprovidedtheltivcrDistrjctapleliminarywritten
sctreduleo;Gmcipatedmonthly dernands forContraotedWaterduring the cuilent
Pr.ojectYear. ThescieduleprovidedbyConfiactorin-its.applicationforflris Co'tract
shall scrve as tire sche&rle to be tsed untit it is modified in a wtitten notice giverr by
Conlractorto the RiverDistrict,or as neccssaly in responseto riveradministration
of the Contractor's diversions. The schedule shall identi$ the volume-of any
contractert water anticipated by confiactor not to be needed by it during any
particularProjectYear. contractorshalt update said scheduleperiodicallyduring
'tn" f .1 ".iV"* as conditiorrs requireand give the RiverDistrictwritten notice of all
such revisions.
b.CarriageLosscs'Cotttractorshatlbcarcarriagelossesinsuchamourttasis
.t"t.noinfrE-ur" Division Engiuccr fol Colorado Water Division No. 5, fiom the
point ofd;ii;;ryofControctcd {Vaterto Conttactor'spoint(s) ofuseand/orexchange
or augmentatiou.
c. use Per conhact and Lqw. contractocs use of contacted water shall iu all
iostarrcesffilE6r'dance with the terms of this Contract, the Water Marketing
policy, ut iio,uy "tr*ge
fiotn time to time, and in accordancewith applicable law
and all cleoreesrlhted io the ContactedWater. Contrac0oris notauthodzed to apply
for or secure any change in the waterrights for ot associated with any of the sources
of suPPlY of the Conh'acted Water'
d'LegalApprovals.Contractorslrallatitssoleexpenseadjurlicateaplanorplansfor
au$nent;lloffiexchaugeand/orsccurc adrrrinistrativeapprovals of altyt'enlporary
substinrte supply plans w:hielr are necdcd for Contractor io use its Contmctecl Watcr'
n,ry ru"r., ttios slrall idcntify Wolford Mouutain Reservoit'and Ruedi Rcscrvoit'as
thesourcesofsupply. Ifnecessary,Contractorshall arnend theapplicationto idcntify
boft oftheRiverDistict's sourcesofsupply.IfContlactorintendsto makeanysuch
WATER SUPPI.Y CON'IITA(:'[
Page 5 of 1l
c\ry06004
applicationsfor any augmentation oI exchangeplan(s) or substitutesupplyplan(s),
iontractor shall s;bmlt tha proposed appftation to the River District within a
reasonable time before Conhactor proposes to file such application' The River
Districtshallrevl"*ioi*titt napprovaisuchapplicatiorisbeforetheyaresttbmitted
or filecl, and the River: District's upptovat shall not be unreasonably withheld. The
River district may in its discretionbecolne a coapplicant_in the prosecution of any
such applications'fo, tlr" purpose ofprotecting iti water rights^and related policies'
Contracior shall cause to Ue inctuO-ed in any final decrce of thc Water Court a
pr*irionronditioningcontractot'suse of the contracted wateron the cxistcrrcc of
a River District contract.
e. Lfunitation on Disposition'
t. Contractorshall not sublet, sel[, donate, loan, assign or othenvisedispose of
any of its rights to this Contractorto Contracted Waterwithoutpriorwritten
notice to, arld thc written approval of, the River District and the payrnent of
a transfer fee at the prevaiiingrate sct fortl in the Water Markcting Policy-
The River Uirtri"t'. upprouil of such disposition shall be grauted in al-l
insta,ces in which thJ Contractor is transfening the water systern which
supplies the contacted water, or a permanent transfer of the contract is to
be made to a successor i, interestof Couhactorby reason of the transfer of
the title or other legal right to use the properly served by the Contracted
water; or where tirl traniter is made to an entity such as a homeowners'
association or special dishict cteatecl to sele the property-o-riginally
represented to thi River District to be served with the Contracted Water'
ii. upon assignnrent, tlre pdce oftlre fixed conrponent will rernain as stated in
fheorigin:ri Coutract ifihe watelrvill continueto serve theproperryoriginally
rEpresented to the River District to be servecl with the contractcd watcr ilnd:
1t) the assigruuent is made sirrrply to r.eflect a chalge in name of the
Contractor; i'r(2)theassignmeutii fionr Conlractor[oan entity that acquired
a l00yo intereri io Cont*"tor. In alt olher nssignnrentsnot specilied above,
the fixed componentwill be chargedat the thcn cunent price de tennined by
the River Distict Board orDirectors'
f. conhactor's water Rates. contactor may charge its water customers who are
@ater such rates and charges as are pennitted by C olo rado
law.
- Nondiscrimination. ContractorshallnotdiscrirninateintheavailabilityoforchargesE ffi;y *"t.. **rce or water supply made available pursuantto or based upon the
Confacted Water on account of i'aci, color, religion, or natiotral origin or any other
criteria prohibited under state or federal law'
CWo6004\ryATER SUPPLY CONTRACT
Page6ofll
4.
h.AccourtingofUse.Contrnctorshall[raintaitlaltaccotttttingot'itsuseofallwatcr
usedorsuppli"oulc*ttu.tororr fornr(s) acceptabletotlreRiveIDistrictspccifically
for t1c purpo$c o'f .orUfirrg thc Rivei bi*Uitt to Prove thc ttsc of River District
niojectwater rightsaud to alrni'isterand operatetlreProjectand waterriglrtdeclecs
an(vor ad.minisuative appfovals rclatetl to contractor's use of conttzctcd watcr'
Contractor Srarr sufmriiits accotuting for,rs ntrd reconls to the Rivcr Dist'ict
lirorlptly upon req,,e*tan,t slrallassisttlre RiverDistrictas it mayreasottablyrequest
in prescntingant!/Lrvorifying such evidcnceof usc itt court or befolcadrninistrativc
ag.nciesUy icstirnonyofC*rltractororitsatrthorized and infonned offtcersoragents'
l. contractor shall consultwith the Anrrycorp ofEngineersto ensurecompliancewith
Section 404 of ttre Clean WaterAct as theiesultofthe constmctionof anyfacilities
llecessary to use the Contracted Water'
Conttactor's Pavments.
a.InadditiontotheapplicationfeealreadypaidbyContractgr.ilgrderfortheRiver
District's a"tiv".y outigationto become effective on July 1,2006, contractorshall
paytotlreRiveroistrictontlreexecutiorrofthisContractthetotalsurnof. $2I,250.00, bein! sr zs.oo for each acre foot of I ?0 acre feet of colorado River
Supply (the contiacted water) for the projectyear July2006 through June2007.
It is trndcrstood that the RiverDistricfs dilivery obligation shall become effective
on July 1,2006. Thereafter, on or before April I' of each yeat conhactor shall pay
to fte River District that arnount, or tlre adjusted amount aS provided below, tbr the
next uPcoming Project Year'
b. The price of $125.00 per acre foot of-Colorado River Supply Conbacted Waier
includes u nr.o ao*pon"nt and a variable component. The variable componeut is
based on project op"ration and maintenance in the amount of s25.00 for colorado
RiverSupply.rrrevariablecomponentshaltbeadjustalannuallybasedonthe
Boulder.Denver-Grteley Metro ,{rea Consruoer Price Index ('A1l Itans") and
Coufractor's subsequenl arurual payments for Con]ractod Water shall be adjusted
accor-dinglY.
c.Conh.actoralsoslrallpayanyspecialassessmentleviedbytheRiverDishicton
Contactorto re"*p"*pintos lmm extrao.dinarymaintenanceincruredby theRiver
Districtor urr"r..d upoo the RiverDistrictby its third partywater suppliers'
Conftact Tcrm.
a. subject to thc provisio[s of paragraph 6 below, the initial tcrm of this conhact shall
be for a p"rioJ of up t" forty (+O) y"*t from the date of the execution of this
cw06004WATER SIJPPI.Y CONERACT
Page 7 oftl
5.
6.
Contract.
b.Uponthecorrrpletionoftheiuitialtermandsubjccttotheprwisionsofparagraplr6.
below, Conh.actorshall have thc right to renew it i. Contract for a secondary tenn of
itriny-nvellS) y"no, which shallcornmenceupon thc cxpirationof the initial term'
If Contactor aesGto so renew this Contzct, it shall.provide the River Dish'ict
rvrittennoticeof its inte.,tionto do so atleast ninety (90)dayspriortothe expitation
of the initial t.., oi tH, Conhacl Thereafter, and prior to the expiration of the
initialterm, theRiverDstrictand contmctorshallexecuteasupplementalagreement
ofrenewal iu a ro*
^tuurivacceptabletotheRiverDistfictand
con['actor. [fsuch
notice of intentiorlt'o to"* it not provided and suchsuppletnental agreementis not
executcd, uo renewal tenn shall commence'
c. Upon r.errewal,thefollowingterms of tlris contractshallbe subjectto renegotiation:
i. The chalge for and adjushnent of opcration and maintenance may be
increus"d-or modified Lased upon the adeqtracy of the charge and its
modifi cation undsr. this Contraot to cover the Rivei' District's operation and
maintenancecostsacfuallyexperiencedduringtlreirritialterm'
ii'Thenee<lorappropriatenessofanyconservation-plarrconceming
Contractor's u." oiCor,t ucted Water asdetennined by thc River District'
d. IJpon renewal, the price of water shall be based on the then cun€nt water price as
dotennincd by tho River Distrtct's Board-of Directors'
WaterShortage'IrrtheeventtlrattlreRiverDistrictisunable,becauscofeither[ega[or
plGA ,"*"., ttu"r"aire, il"i r1"1 ll"il"d to, hydrologic shorrages and operatioual
restrictions),to aenver any; utt of *,. full arnount Lf water contracted from the Projeot'
includingtheContracted*ater,thcRivcrDishictresenres therighttoapportiontheProject's
availablewateru,rong it*r"ueral contractors, includingContraitor, in the ruanner provided
in Section 6 of the WaterMalketing Policy'
ContractTermination'
a. Termination W RiverDistrict'
i. The River District maytemrinate this contractfor any violation orbreach of
thc tcrmsofthisCo[trdctby Contractor,inclttdingContractor's.failuretopay
timely my ** u, u*ou,ri clue u,rde,: this contact within thirty (30) days
attcr icceivin g lv rittc.,otice front tlte River D iskict of s uch brcach'
WATER SUPPLYCONTRACT
PugeEofll
cwo60tl4
The River Disrict will notiff the
ii.TheRiverDistrictalsomaytcrminatcthisContractif,irritsdiscretionany
j.,ai"iuro,,a,i,,i,toti"eproceedingsinitiatedbyContractorisconternplated
in zuuparagrapt, z.a uuoui, threaten the River District's authorityto contract
ro. a.riv"ri ol;r;jr.t w;.r or the River District's water rights, permits, or
oflrer interestsassociated wittr the Project'
iii. The River District may tcrminatc this Coutract if its legal ability to deliver
contr.acted wut", i, ,ut"ria[y impaired or is eliminated becarse of the
terminatiol'oi--oJu"rr" *oaifi."tinn of permits, decrees or other
authorizationswhicharerreededtodelivertheContractedWa@r'
b. Tenninationbv Contracbor:
l. Contractormaytenninatethiscontractin its entiretyfor alry reasonby giving
freniverpislrictatleastthirty (30) days advancc noticepdorto the due date
of Contractor's next annual payment'
ii'Everyfifthyearaftertlreyea.inwhichthisContractisexecuted,Contractor
may partialiy t"*., i,.,at" tiris Contract as to the amount of Contracted Water
Uy givi"g thl *v"r pisttict at least thirty (30) days u!'T* notice prior to
the due date of Contrac0o/s next annuil payment' fa{iat teunination by
Coutr.actorshall uot exceed rnore than fifty pcrcent (50%) of the atnount of
Contracted Water which is then under contracl
iii.withinthiny(30)daysoffmalapprovaloftheWater.Courtapplicatiou
*nr"-pti.'a fy pt*gt"ph 2'd" Contractor may by written notice to the
nir"roirt.tip-irti"1v-t"ri,inatethis contractas to the amountofconhtcted
Waterwhich ii not needed under that approval'
c.of toi ynqntiloff1':t:.1jyj*l
;;ff;#;;; ffi ffi ;, * ;;i i;;. ;;, pairi ar te rm ination under subparagraprr
7.
6.a.(iii).
conversionto UpficntPayment. within three (3) years aller the date oftlte execution ofthis
Contract, Contra"to. *rfr-n*rtto an upfi-ontpayneritlVUvin'theRiverDistrictat least
,t irty flOl days advance notice prior to ttre due tlitc of Coutractor's ttext atrnttal paymcnt'
On orbeforetne fof fo*ingap.iiiii Cont u.torshall pay to tle Rivcr District$157'250'00'
being $900.00 for cach uJr" ioo, of Contracted Watei plu-s $25'00 for variable anroutt for
each acre foot of coot u"t.A-wuter. Thereafter, on br before each April l" during the
remaining term of ttris coit'act, Conh'actor shall pay the-River Distict the variable
*ip""rit ""roun!
as it *rv il.
"apstecl
as provided irelow, for the next upcoming Froject
ycar. The annuut variaUle;xourii,"yr*rof Conkactorshall be adjust'cd annually based
WATER SUPPLYCONTRACT
Pegegofll
cw06004
on the Boulder-Denver-GreeleyArea Consumer Price lndex ("A11 lteuts") and Contractods^
subsequent annual payments for Conh-acted Water shall be adiusted accordingty' lt
Contragtorexercisestheoptiontoconverttoarupfrontpayment'subparagraph6.b'ishall
becomenull and void'
8. Miscellaneous/Standurd Provisions'
B. Notices.
i. Allnoticesrequired or appropriateunderorpursuant to thisconhactshallbe
gi"., i, *riringrnailea oi oeiivered to the pirties at the following addresses:
River Disnict:
Colorado River Water Conservation District
Auention: Secretary / Genetal Manager
201 Centennial Street' Suite 200
P. O. Box I120
Glcnwood SPrings, Colorado 8t602
Phone: (970)945-8522
Fa:r: (9'70)945-8799
Contractor:
Petroleum Development Corporation
Attn: Joe Veltri, Pipoliue Supervisor
103 EastMain Street
P, O' Box 26
BridgePort,WV 26330
Phone: (304)842-6256
Fan: (304)326-2578
with copyto:
RamseY L' KroPf, Bsq'
Patrick Miller & KroPf' P'C'
730 East Durant Avenue
AsPen, C9 ql-6^t^1, ^^-Phone: (970)920-1028
Fax: (925-6847
kppl@{orl.rw.!9!1
WATER SUPPLY CONTRACT
Page l0 of 1 I
DATTi:
cw06004
ii. Eitherpartymay, by written notice given in accordance with this provision,
change the address to which uotices to it shall be mailed or delivered,
A.rnendments. No amendment, modification, or novation of this contract or its
provisionsand implemeniationshall beeffectiveurless documented inwritingwhich
is approved and executed by both parties with the same formality as they have
apploved and executed this Contract.
'fhis Contractis subjectto the River District's WaterMarketiugPolicy, as itmaybe
revised from time to time by the River District's Board.
COLORADO RTVER WATEIT CONSERVATION
DISTRICT acting by and tkough its Colorado fuver
Water Projects Enterpris e
t,hlp G By:RL-Krh
R. Eric Kuhn, Gcneral Mangcr/Sccretary
"::-*"ilI;
- -b*-.-.\ ; G,.;JI::-Yr=";*r--l
ATTEST:
WATERSUPPIY CIONTRACT
Pogellofll
STATEOF COLORADO
COT]NTY OF GARFIELD
c]w06004
VERIFICATION
Witness rry hand and official seal, My Cornmission Expires:7*/t-A1-x7
)
) ss.
)
The foregoing Water Supply Conhactwas subscribed ard sworn to before rne by R. Eric
Kuhn as General Manager/Secrctary and David H. Merrit as Chief Enginecr/Assistant Secretaryof
the Colorado River Water Conservation District, ncting by and lhrough its (lolorrdo l{ivcr Walcr
ProjectsEnterprise this -]/1 day of /+*/e f-.--, :ooo.
t ,</ *-',l/' t 2'
Y-A{,l't,:' :- ./-t ?- ::! :::'
'rtx6ti'ry ruulic
l^1".X tJ-gfl"*-
s'rATEOFeoroR*so ),, )ss.
COUNTY OIT NI,Ni,Ai )
Tlrc foregoirrg Water Supply Conlract was subscribed atrd swonr to before me by
Qg1r.La,gc!-l,Jldi.r-*tr,.,.'fi i,n'
--as
!/,t., i*',,l'ut-forPetroleum
f)evelopnrent Corporation t1115 .2 r/,7(' duy of :J* /rj -- . 2006.
Witnessmylrand and officialseal. MyCommission Expires: i)t/o/,.-rel!.---:/-@t
4$o*.r..d+j ronnn ii NtcHoLS j
fu.'#
lru*rt,/1..t,
Notary Public
District Court, Water Division 5, Colorado
Garfi eld County Courthouse
109 8th Steet, Suite 104
Glenwood Springs, CO 81601
970194s-5075
CONCERNING THE APPLICATION FOR A PLAN FOR
AUGMENTATION, INCLUDING EXCHANGE
OF PUCKETT LAND COMPANY AND CAERUS PICEANCE LLC
IN THE COLORADO RIVER BASIN IN GARFIELD COUNTY
Attorneys: Peter D. Nichols, #33167
Berg Hill Greenleaf & Ruscitti LLP
1712Pearl Street
Boulder, Colorado 80302
PhoneNumber: (303)402-1600 Email: pclnG)bhgrlaw.com
Fax Number: (303) 402-1601
Attorneys: Ramsey L. IkoPf, #21528
Danielle L. Van Arsdale, #42800
PerRtcrc, Mu,uen, KnoPr & Noro, P.C.
0197 Prospector Rd., Suite 2104A
Aspen, CO 81611
PhoneNumber:9701920-1028 E-Mail: kropf@waterlaw.corn
Fax Number: 9701925'6847 vanarsdal,e@waterlaw.com
AcounrusEoNLYA
Case Number:
09cw16
(Division 5)
STIPULATION AND AGREEMENT BETWEEN APPLICANTS AND
OPPOSER BERRY PETROLEUM COMPANY
Applicants Puckett Land Company and Caerus Piceance, LLC ("Co-Applicants") and BerU
Petrol-eum Company ("Opposer"), by and through their attomeys, hereby stipulate and agree as
follows:
l. Opposer agrees to the entry of a Ruling of Referee and Decree of the Water Court no
less restriJtive than the proposed Findings of Fact, Conclusions of Law, Ruling of
Referee, and Judgment and Decree dated
-
and attached as Exhibit A to
this Stipulation.
2. Opposer and Applicant further stipulate and agree that each will bear their own costs
and fees associated with this matter.
District Court, Water Division 5
PageZ
Case No. 09CWl6
Stipulation and Agreement with Berry Petroleum Company
3. This Stipulation shall be enforceable by the parties either as an agreement, or as an
order of the Water Court.
4. This Agreement shall benefit and be binding upon the heirs, successors and assigns of
the undersigned parties.
RESPECTFULLY SUBMITTED thiS day of 2014.
BERG HILL GREENLEAF & RUSCITTI LLP PATRICK, MILLER, KROPF & NOTO, P.C.
A Professional Corporation
By:By:
Peter D. Nichols, #33167
Berg Hill Greenleaf & Ruscitti LLP
lT12Pearl Street
Boulder, Colorado 80302
(303) 402-1600
pdn@bhgrlaw.com
ATTORNEY FOR CO-APPLICANT,
PUCKETT LAND COMPANY
Attornev for Opooser Bernt Petroleum Comoanv
HOLLAND & HART LLP
t7-,( .lq
Holland & Hart LLP
555 Seventeenth Street
Suite 3200
Denver, CO 80202
(303) 292-8000
whcai I e(@hol land hart. com
ATTORNEY FOR OPPOSER,
BERRY PETROLEUM COMPANY.
Ramsey L. Kropfl #21528
Danielle L. Van Arsdale, #42800
0197 Prospector Rd., Suite 2104A
Aspen, CO 8l6l I
(e70) e20-t028
kropf@waterlaw.com
ATTORNEYS FOR CO.APPLTCANT,
CAERUS PICEANCE,LLC
By:--
District Court, Water Division 5
Page3
Case No. 09CWl6
Stipulation and Agreement with Berry Petroleum Company
CERTIFICATE OF SERYICE
I hereby certify that on this
-
day of
Notice in the above captioned case was served
System@ (ICCES@) on the following:
2014, a true and correct copy of the foregoing
via the Integrated Colorado Courts E-Filing
Kristin Howse Moseley
Karen L. Henderson
Glenn E. Porzak
Porzak, Browning & Bushong LLP
929 Pearl Sheet, Suite 300
Boulder, CO 80302
[Exxon Mobile CorporationJ
Jack F. Ross
Mark T. Valentine
Dufford & Brown, P.C.
1700 Broadway, Suite 2100
DenYer, CO 80290.2101
[Chevron U.S.A. Inc,]
Jacques S. Ruda
Girsh & Rottman PC
1331 l?th Street Suite 510
Denver, CO 80202
[ConocoPhilips Co.]
Paul L. Benington
Assistant Attomey General
Water fughts Unit
Natural Resources and Environment Section Office of
the Attorney General
1525 Sherman Steet, 5th Floor
DenYer, CO 80203
[State and Division Engineers]
Kirsten Marie Kurath
Mark A. Hermundstad
Williams, Turner & Holmes, P.C.
200 Noftlt 6th Street
PO Box 338
Grand Junction, CO 81502
[Grand Valley Water Users Association]
[Orchard Mesa Irrigation District]
[Ute Water ConservancY District]
Peter D. Nichols
Berg Hill Greenleaf & Ruscitti LLP
l712 Pearl Street
Boulder, Colorado 80302
[Puckett Land Company]
William H. Caile
Hotland & Hart LLP- Denver
555 Seventeenth Street, Suite 3200
Denver, CO E0202-3979
[Berry Petroleum ComPanY]
[Williams Production RMT Company]
Peter J. Ampe
Hill& Robbins PC
l44l lSth Street, Suite 100
Denver, CO 80202
[Town of Parachute]
Christopher L. Geiger
Scott M. Balcomb
Balcomb & Green, P.C.
El8 Colorado Avenue
PO Drawer 790
Glenwood Springs, CO 81602-0790
[Solvay Chemical Inc,]
John (Robert) Pierce
Nathan A. Keever
Dufford Waldeck Milburn & Iftohn, LLP
7 44 Horizon Court, Suite 300
Grand Junction, CO 81 506
[Ivo Lindauer]
I
I
i
it
I
!
(
Crissy Gibson Sit
In accordancewithC.R.C.P, l2t S1-26(9), this document has beenelectronicallytiledvia ICCES. A printedcopyof this
doctment with origtnal signatures is maintained by Patrich Miller & Kropf & Noto, P.C. and will be made available for
inspection by other parties or the Courl upon reqilest.
District Court, Water Division 5
Garfield County Courthouse
109 811'Street, Suite 104
Glenwood Springs, CO 81601
e701945-507s
CONCERNING THE APPLICATION FOR CHANGES TO THE
WATER RIGHTS FOR PUCKETT LAND COMPANY AND
CAERUS PICEA}TCE LLC ON PARACHUTE CREEK,
TRIBUTARY TO THE COLORADO RIVER, AND THE
COLORADO RTVER,IN GARFIELD COUNTY Acounr usEoNLYA
Case Number:
09cwl6
Division Courtroom
FINDINGS OF FACT, CONCLUSIONS Otr'LAW, RULING OF THE REFEREE,
JUDGMENT AND DECREE OF THE WATER COURT
The Application was filed on February 27,2009, was referred to the Water Referee by
the Water lu<ige of said Court in accordance with C,R.S. $ 37-92-101, et seq., known as the
Water Rights Determination and Adminishation Act of 1969'
The Referee, having made such investigations as are necessary to determine whether the
statements in the Applicati-on are true, having ionsulted with the Division Engineer, and having
become fully advisid *itt respect to the subject matter in the Application, makes the following
Findings of Fact, Conclusions of Law, and Ruling in this matter:
FINDINGS OF FACT
1. Name. address and telephone number of Applicants.
Puckett Land company ("Puckett") caerus Piceance LLC ("Caerus")
Attn: Eric Stearns, President Attn: Matthew A. Wurtzbacher, P.E.
5460 S. Quebec Si., #ZSO 600 lTth Street, Suite 1600 North
Greenwood Village, CO 80111-1917 Denver, CO 80202
(303) 763-1000 (303) 56s-4600
Exhibit A
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page? ofZ
with copy to:
Peter D. Nichols, Esq.
Berg Hill Greenleaf & Ruscitti LLP
l712Pearl Street
Boulder, Colorado 80302
with copy to:
Ramsey L.Ikopf Esq.
Danielle L. Van Arsdale, Esq.
Patrick Miller, Kropf & Noto, PC
197 Prospector Drive, Ste. 21044
Aspen, CO 81611
2. General pUrpose of Application. The Application is primarily designed to adjudicate a
pl." f". rrg**t"tir" t" p.*id. u y.*-*ound water supply.for oil.and gas development,
drilling and production operations iincluding other exploration and production uses), oil
shale ievelopment and iroduction (including other exploration and production uses),
temporary and permanent employee and support personnel housing, commercial office
,pur., hlnting'lodge, livestock grazing, *d ott.t.uses associated with the oil, gas and
oil shale deveiopmlnt and prodirction, including but not limited to dust suppression,
irrigation, and pond .uaporution, in the Colorado River Basin as shown generally on
Exhibit 1. Water us" *ill be supplied by wells, surface diversions, and storage pon{s
and reservoirs that are describ.d-in the Applications filed in Case Nos' 07CW239,
O7CWZ44, O7CW245 and 07CW246, and other structures described in this Application.
These stnrctures will be augmented under the plan for augmentation decreed in this
matter, The plan for augmeniation will be implemented in phases as the water needs are
developed. Oil shale dwelopment and production are expected to occur in later phases'
Augmentation supplie, -uy-b. added ai needed to supply the augmentation requirements
of iater phases. Thi mix of uses may change, but total out-of-priority depletions will not
exceed the amount of augmentation water available in time, location, and amount to
prevent injury to vested water rights.
3. Notice and Jurisdiction. Notice of the application in this matter was published in Garfield
@on5WaterCourti.'u*.inthemannerrequiredbylaw'Noticeof
the application was provided to potentially affected landowners in the manner required by
law. The application and published notice are adequate to place interesled persons on
inquiry notice of the relief requested by the application and granted by this decree. The
Court for Water Division No. 5 has jurisdiction over the subject matter of these
proceedings and over all persons that may be affected hereby, whether or not they have
"hotet to appear, pursuant to C.R'S. 5 37'92-203 and $ 37-92-302'
4. Statements of Opposition. Statements of opposition to the application were timely filed
by E..""M"btt C"rp"."tion; Solvay Chemical, Inc.; ConocoPhillips Company; Ivo
Lindauer; Grand ValGy Water Users Association; Orchard Mesa Irigation District; Ute
Valley Conservancy District, acting by and through the Ute Water Activity Enterpri_se]
Chewon U,S.A. Int.; Berry PetrolJum Company; WPX Energy Rocky Mountain, LLC
(formerly Williams Production RMT Company); and Town of Parachute. The period for
iiling statements of opposition has ended, and no other party has moved to intervene in
this matter. Applicants have resolved att of the opposers' concerns by stipulation and
agreement, whicir are filed and of record and this ruling and deoree approves the same.
5. Summa{v of Consultation. The Division Engineer consulted with the Water Referee
@[cationandfiledasummaryofconsultationreportonJune
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 3 of3
17,2OlO. The Applicants served a copy of the summary of consultation on all parties in
this case on J;; 21, 20lO and fited a response to the summary of consultation on
September 24,2010. This Court has given due consideration to the Division Engineer's
summary of consultation.
6. Structues to be Augmented (all locations in Galfleld county).
A. parachute Creek PDC Diversion. An Application for the Parachute Creek PDC
Diversion is pending in Case No. 07CW246, Water-Division 5. The Parachute Creek PDC
Diversion is located in parachute Creek in the SE % SE % Section 8, Township 6 South, Range
96 West, 6th pM, at a point approximately 355 feet from the south line and 1,240 feet from the
east line of said Section 8'
B. puckett Well Field. An amended Application for the Puckett Well Field is
pending in Case No. 07CW244,Water Division 5. The Puckett Well Field is a proposed well
field that will divert water tributary to Parachute Creek in that portion of the NE % SE % Section
29, Township 6 South, Range 96 West, 6th P.M., consisting of approximately 9'6 acres' A well
*ay Ue added to the PuckJt Well Field so long as it is operated and used, and out-of-priority
depletions are replaced, according to this plan. Procedures.for determining well depletions ar-e
set forth in paragraph 14 below. Upon completion of any well in the Puckett Well Field, the well
shall be inciuded in ttris Plan for Augmentation after the Applicants file a notice with the Court,
the objectors in this case, and the Diiision Engineer. Such notice shall include copies of the well
permii well completion report and aquifer parameters to be used to calculate lagged depletions'
C. Haystack Mountain Ponds 1,2, and3. An amended Application for the Haystack
Mountain ponds i,Z, and3 is pending in Case No. 07CW245, Water Division 5. The Haystack
Mountain Ponds 1,2, and3 are propoied off-channel reservoirs to be filled with water diverted
from the puckett well Field and the parachute Creek PDC Diversion. Exhibit l.l shows the three
pond locations. The Haystack Mountain Ponds are planned as a series of up to three ponds
iocated in a 13.4 urr. u."u located in the SW % NW tA andthe NW % SW % of Section l,
Township 7 South, Range 97 West, 6th P.M., with the center point of this ?Iea lo^cated at a point
2,330 feet from the Nortlh section line and 710 feet from the West section line of said Section l.
Applicants are in the process of developing the exact locations of the reseryoir dams for these
porar, and the final design configuration for these ponds may include a storage tank or tanks in
lieu of one or more of thi Haystaik Mountain Ponds. Applicants may change the configuration
or location of the Haystack Mountain Ponds as needed within the 13.4 acte area. Under the
current configuratioq however, the pond series are more particularly described as follows:
l) Haystack Mountain Pond 1: located in the SW % NW % of Section l,
Township 7 South, Range 97 West of the 6fr P.M., with the middle of the pond lying at apoint
-
approximately 1,990 feJt tom the North section line and 690 feet from the West section line of
said Section 1.
Z) Haystack Mountain Pond 2: located in the NW % SW % of Section l,
Township 7 South, Range 97 West of the 6th P.M., with the middle of the pond lying at a point
-
approximately 2,570feJt from the South section line and 550 feet from the West section line of
said Section 1.
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 4 of 4
3) Haystack Mountain Pond 3: located in the NW % SW % of Section 1,
Township 7 South, nange 97 West of the 6th P.M., with the middle of the pond lying at a point
^
approximat ely 2,340feJt from the South section line and 450 feet from the West section line of
said Section L
D. puckett pond Nos. 1,2, and3. An amended Application for the Puckett Pond Nos'
!,2, 6,d3 is pending in Case No. dZCWZ45, Water Division 5. The Puckett Pond Nos. 1,2, and
i'ui. proposed off-ciannel reservoirs that will be filled primarily through the.Low Cost Ditch'
fhe three ponds are depicted on Exhibit 1.2. The Low Cost Ditch is described in paragraph I l'-F
below. puckett pond No. I will be located in the E % NE Yc and the NE t/4 SE %, Section 29,
Township 6 South, Range 96 West, 6th P.M. Puckett Pond No. 2 will be located in the N % SW
%, Section 28, Townshi-p 6 South, Range 96 West, 6fr P'M' approximately 1900 feet from the
South line and g30 feet tiom the West liie of said Section 28. Puckett Pond No. 3 will be located
in the W % NW % Section 28 and theB%NE % Section 29, Township 6 South, Range 96 West,
p-il.rtr. uffro*i*utely 1475 feet from the North section line and 0 feet from the west section
line of said Section 28.
E. Wheeler Gulch Well Field. An amended Application for the Wheeler Gulch Well
Field is pending in Case No. 07CW244,Water Division 5. The Wheeler Gulch Well Field is a
propor.d wel freld that will divert watei tributary to Parachute Creek. The Wheeler Gulch Well
Field will be located in the S % of the NW % of Section 34, Township 6 South, Range 96 West,
;- pM,-;"nh oiparactrte Creek, and consists of approximately 15 acres. 9p9n completion-of
any well in the Wheeler Gulch Well Field, the well shall be included in this Plan for
Augmentation after the Applicants file a notice with the Court, the objectors in this case, and the
Division Engineer. Such n-otice shall include copies of the well permit, well completion report,
and aquifer farameters to be used to calculate delletions in accordance with paragraph 14 below'
F. Starkey Gulch Reservoir. Decreed for 7,360 acre-feet (conditional) on August 23,
1972, in Case No. W-321, District Court, Water Division 5, with an apPropriation date of
February 20, 1967. Legal description of the point of diversion: The initial point of survey for
said reservoir is locatei at apoint whence the SW corner of Section 36, Township 6 South,
Range 97 West of the 6th P.M., bears N 85o 37', W, a distance'of 8,774 feet.
G. South Starkey Gulch Reservoir. Decreed for 5,541 acre-feet (conditional) on
August 23, 1972, in Case I'io. W-321, District Court, Water Division 5, with an appropriation
datl of February ZO, 1967. The initial point of survey for said reservoir is located at a point
whence the SW comer of Section 36, Township 6 South, Range 97 West of the 6th P.M., bears N
85" 03' W, a distance of 12,000 feet.
H. Eaton pipeline No. L Decreed for 10 cfs on July 9, 1965, in Civil Action No'
4954, District Court, durn.ta County, with an appropriation date of Decembet 17,1956, as
changed by decree entered April 21, iggl inqSC*100, District Coufi, Water Division 5' Legal
aescripion of the point of diversion: Located in the SW % SW % of Section 13, Township 7
South, Range 96 West, 6s P.M., at a point from whence the Southwest comer of said section
bears South 82 degrees 27 minutes 52 seconds West, 1033.31 feet, as changed in Case No'
95CW100, District Court, Water Div' No' 5'
CaseNo.09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 5 of5
I. Dow Pumping Plant and Pipeline. Decreed on November 10, 1966, in Civil
Action No. 4914, District C-oun, Garfield bounty, with an appropriation date of Jawary 24,
tgSS" Applicant Puckett Land Company ("Puckett") owns 43 cfs (conditional) of the 178 cfs
decreed. Legat description of the point of diversion: At a point on the no(herly bank of the
Colorado River, whence the East quart.r corner of Section 6, Township 7 South, Range 95 West,
Od p.trrt., bears irlorth 13 degrees i7 minutes East, 753 feet. Alternate point of diversion decreed
on January 27,1977, Case No. W-2786: Located on the Northerly bank of the Colorado River at
a point *ir.rr" the iast Quarter Corner of Section 6, Township 7 South, Range 95 West of the
6th P.M. bears North 35o 00' East, 1880 feet.
J, The Oil Shale Corporation (alUa "TOSCO") Pumping Plant and Pipeline.
Decreed on November 10, 1966, in
-Cinit R.tion No. 4914, District Court, Garfield County, with
an appropriation date of December 3, 1956. Puckett owns 600lo of the 100 cfs decreed. Legal
description of the point of diversion:
l) Decreed in Civil Action No. 4914, District Court, Garfield County, is on
the right bank of the Colorado River at a point whence the SE corner of Section 32, Township 6
SouthlRange 95 West, 6th P.M., bears North 77 degrees 37 minutes West 122.16 feet.
2) An alternate point of diversion, decreed on Decembet 29, 1975 in Case
No. W-2785, District Court, Water Division 5, is on the right bank of the Colorado River at a
point whence the East l/4 corner of Section 6, fownship 7 S--outh, Range 95 West of the 66 P.M.
bears North 35 degrees 0 minutes East 1,880 feet.
K. Sinclair Oil and Gas Company Pumping Plant and Pipeline' Decreed on
November 10, 1966, in Case No. CA 4914, District Court, Garfield County, with an
appropriation date of lilovemb er 29,1956, for 33 cfs. Legal description of the point of diversion:
locatea on the northerly bank of the Colorado River at a point whence the West quarter comer
of Section 23, Township 7 South, Range 96 West of the 6th P.M., bears S 62o50' W, a distance
of 4,605 feet.
7. Map. A map showing the location of each structure to be augmented described above is
attached as Exhibit l.
8. Structures as Alternate Points of Diversion and Places of Stora9e' In Case No.
ZOO7CW239, W"t". Dtrtrton 5, the Applicants have claimed the right to use the
structures described in paragraph 6 above as alternate points of diversion and alternate
places of storage for other *utri rights. Therefore, the water rights described in paragraph
6 above *uy ilro be operated at alternate points of diversion and places of storage in
accordance with any decree entered in Case No. 2007CW239.
Any well that is
constructed with a valid well construction permit issued by the Office of the State
Engineer as a replacement well for one of the wells in the Puckett Well Field or Wheeler
Gulch Well Field described above may also be covered by this Plan for Augmentation
provided the replaced well is properly abandoned. Any well constructed as an alternate
point of diversi-on or supplemental well for one of the wells in the Puckett Well Field or
Wheeler Gulch Well Field may also be covered by this Plan for Augmentation, provided
9.
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 6 of6
it is added to the Plan pursuant to paragraph 6.8. and 6.E. above, and paragraphs l0 and
14 below.
10. Additional Structures to Be Augmented. No out of priority depletions resulting from1he
,r" of *, *@ckett well Field or wheeler Gulch well Field or
any othei additional diverJion structure may be augmented in the operation of the plan
approved by this Decree unless and until depletions from the use of such well or structure
are ,eplaced in accordance with a modification of this Decree in proceedings resulting-
from an additional water court application, including resume notice. The timing of
depletions from an additional well shall be determined in accordance with the
methodologies described in paragraph l4 below'
11. Description of water Rights to be Used for Auementation.
A. Colorado River Water Conservation District Water Supply Contract: Caerus has
entered into a Water Supply Contract (No. CW06004 ) with the Colorado River Water
Conservation District lttre;CRWCD") under which Caerus is entitled to the delivery of 170 acre
feet annually. The contract is attached as Exhibit 2. The Applicants, joinltl olleparately, may
enter into additional or reduce existing Water Supply Contracts with the CRWCD in the future'
The Applicants may use water undeiany such aaditional or reduced contract in this Plan for
eug*entation, upon providing a copy of th. fully-executed contract to the Court, objectors in
this case, and the Division Erigineer, pursuant to C.R.S. $ 37-92-305(8Xc). The contract water
will be delivered from the following sources:
l) Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir), which has
the following water rights.
a) CaseNo, 87CW283,November 20, 1989'
(1) Legal description of place of storage: The dam is located
in the SW % of the NE % oi Sectiou ZS, To*rrihip 2 North, Range 81 West, 6th P.M. The
intersection of the dam axis with the right abutment will occur at a point which bears W.
5454'20" E. a distanc e of 3,716.46 feet from the NW Corner of said Section 25.
(2) Source: Muddy Creek and its tributaries'
(3) Amount: 59,993 acre feet conditional; of this amount'
32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in
Water Court Case No. 95CW251.
(4) Appropriation Date: December 14,1987 '
(5) Uses: All beneficial uses, including but not limited to
domestic, municipal, agricultural, and recreational uses, which uses satisfu the requirements of
the Windy Gap sittlemint made with the Municipal Subdistrict of the Northern Colorado Water
Conservancy bistrict; use to meet the water requirements of the inhabitants of the CRWCD for
all uses, inciuding uses in the Middle Park area; and use to meet the terms of a lease agreement
executed March i,lggl between the CRWCD and the City and County of Denver.
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
PageT of7
b) CaseNo. 95CW281, August 26,1997'
(l) Legal description ofplace of storage: The dam is located
in the SW% NE% of Section 25, Township 2 North, Range 81 West, 6th P'M' The as-built
intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55'05),
as shown on the CRWCD, Wolford Mountain Project, Ritschard Dam construction drawing
,,Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53o24'56" 8' a
distance of 3,395.51 feei from the NW Corner of said Secti,on 25; the bearing of said dam axis
from sta. l9+35.61 to Sta. 0+00 being s. 75o28'29" E.
(2) Source: Muddy Creek and its tributaries'
(3) Amount: 6,000 acre feet conditional'
(4) AppropriationDate: January 16,1995'
(5) Uses: AII beneficial uses by and for the. benefit of the
inhabitants of the CRWCD; including but not limited to domestic, municipal, industrial,
irrigation, agricultural, piscatorial, ani recreational; such uses will include environmental
mitlgation, Including'environmental mitigation requirements associated with the Wolford
Morintain project. -Such uses will be made directly or by substitution, augmentation, or
exchange. None of the water stored in the exercise of the right will be delivered directly or by
exchanfe, substitution, or otherwise for use outside of Colorado Water Division No' 5'
c) Case No. 98CW237, JulY 6,2000'
(l)LegalDescriptionofplaceofstorage:Sameasfor
95CW281.
(2) Source: Muddy Creek and its tributaries'
(3) Amount: 30,000 acre feet, conditional, with 15,895 acre
feet being absolute for recreational and piscatorial and flood control.
(4) Appropriation Date: November 17,1998'
(5) Use: Certain of the beneficial uses previously adjudicated
for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water
Division No. 5 (November 20, lg}g Judgment and Decree), and Case No- 95CW281, District
Courr for Colorado Water Division No. ilaugust 26, 1997 Judgment and Decree). 87CW283:
The reseryoir will be used to satisfy the requirements of the Windy Gap Settlement made with
the Municipal Subdistrict of the Northern- Colorado Water Conservancy District' This will
involve all uses, including but not limited to domestic, municipal, agricultural, and recreational
uses. The reservoir will -also be used to meet the water requirements of the inhabitants of the
CRWCD for all uses, including uses in the Middle Park area. 95CW28l: All beneficial uses by
and for the benefit of the inhabitants of the CRWCD, including but not limited to domestic,
municipal, industrial, irrigation, agricultural, piscatorial, and recreational; such uses will include
environmental mitigation] including environmental mitigation requirements associated with the
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 8 of8
Wolford Mountain Reservoir Project; such uses will be made directly or by substitution,
augmentation, or exchange.
(6) Remarks: The Refill Right will be exercised to provide
supply for the Westem Slope uies of water from Wolford Mountain Reservoir described above,
inctuaing flood control, other operational puposes, and environmental mitigation and
enhanceirent for the benefit of uses within the District. The Refill Right will not be used in
conjunction with the Reservoir capacity (24,OOO acre feet) that is allocated for the supply of
water to the Denver Board of Water Commissioners under the CRWCD's contractual
relationship with Denver, or the Reservoir capacity (6,000 acre feet) that is allocated for
Colorado River endangered fish releases.
2) Ruedi Reservoir: The CRWCD holds Contracts No. 009D6C0111'
00gD6c0llg, and 03gF6c00ll from the united states Bureau of Reclamation for 1,730 acre
feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future.
This water will be uied in addition to and substitution for Wolford Mountain Reservoir water in
appropriate circumstances where Ruedi water is physically equivalent to Wolford water.
a) Legal description of place of storage: Ruedi Reservoir is located
in Sections '1,8, g,l l, and 14 through 18, Township 8 South, Range 84 West, 6tn P'M', in Eagle
and pitkin Counties. The dam axis intersects the right abutment at a point whence the SW comer
of Section 7, Township 8 South, Range 84 West of th" 6th P.M. bears N. 82o 10'W. a distance of
1,285 feet.
b) Source: FryingPan River.
c) Civil Action No. 4613, June 20, 1958, Garfield County District
Court.
(1) Amount: 140,697.3 acre feet, reduced to 102,369 acre feet
pursuant to order of the Water iourt in Case No. W-789-76. The full amount was made absolute
in Case No. 88CW85.
@ Appropriation Date: July 29, 1957 ' Use: Domestic,
municipal, irrigation, industria-l, g"n.ruiion of electrical energy, stock watering, and piscatorial.
d) case No. 81CW34, April 8, 1985, District court, water Division
No.5.
(l) Amount: 101,280 acre feet (refill); of this amount, 44,509
acre feet were made absolute in cus. No. 95CW95 and 25,257 acre feet were made absolute in
Case No. 01CW269, for a total of 69,766 acre feet absolute.
(2) Appropriation Date: January 22,1981.
(3) Use: Irrigation, domestic, municipal, generation of
electrical energy, stock watering, industrial, piscatorial, recreation, and maintenance of sufficient
Case No.09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 9 of9
storage reserves to fulfill contractual obligations and provide stored water for recreation in times
of drought.
B. West Divide Water Conservancy District Water Allotment Contract: Caerus'
predecessor, Petroleum Development Corporation (*PI)C"), was a party to Water Allotment
'Contract (#020g07pDC(A), as amended) with the West Divide Water Conservancy District
,,West Divide,'), under which pDC received delivery of 100 acre feet annually. PDC withdrew
from that contract as of January 2013. The Applicants, jointly or separately, may enter into
additional Water Allotment Contracts with West Divide in the future or reduce their contracts if
not necessary for augmenting water use. The Applicants may use water under any such
additional contract in-the plan for Augmentation upon providing a copy of the fully-executed
contract to the Court, the objectors in this case, and Divitio, Engineer, and pursuant to Colorado
statute $ 37-92-305(8)(c).
C. Ruedi Reservoir, Water Supply Contract: Applicants jointly or separately may
enter into a ,,Round II" contract or contracts with the United States Bureau of Reclamation
involving Ruedi Reservoir, described in paragraph I 1.A.2. above. The Applicants may use water
under an-y such Round II contract in this Plan of Augmentation upon providing a coPy of the
fully exetuted contract to the Court, all objectors, and the Division Engineer, and pursuant to
Colorado statute $ 37-92-305(8)(c).
D. Rulison & Miller Ditch'
l) Original Decree: December 20, lg2g in Civil Action No. 2748, District
Court, Garfield bounty, uid ur changed by decree entered Aprit 21, 1997 in 95CW100, District
Court, Water Division 5.
Z) Legal description: The decreed point of diversion is located in the SW %
of the SW % of Section 3I5, Township 6 South, Range 95 West, 6th PM, at a point from whence
the SW corner of said Section 35 bears South 64 degrees 27 minutes 44 seconds West 234.98
feet. Applicants' engineers estimate the point of diversion is 110 feet from the south Section
Line and-Zl0 feet from ttre west Section Line, as decreed in Case No. 95CW100. This estimate,
however, should not be considered as changing or supplementing the decreed legal description of
the Rulison & Miller Ditch. The water right is located as shown on the map in Exhibit 1.
3) Source: Colorado River
4) Amount: 1.6 cfs, absolute (of which Puckett owns 0.51 cfs).
5) Appropriation Date: December 8, 1891.
6) Uses: The Application pending in Case No. 07CW239, Water Division 5,
seeks to change puckett's claimed ownership interest in the Rulison & Miller Ditch absolute
water right to;dd the following uses to the decreed irigation use: industrial, including energy
exploratLn and development; mining; evaporation; refining; power; domestic; stock watering;
augmentation; and replacement of stream depletions, by direct use, storage, or exchange. The
est'lmated average annual stream depletion credit available for Applicants' changed uses,
pursuant'to Case No. 07CW239, is 16.9 acre-feet, as shown on Exhibit 4.
Case No. 09CW16
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page l0 of l0
E, Diamond Ditch, First Enlargement.
l) Original decree: on May 11, 1889, in Civil Action No. 103, District Court,
Garfield County.
Z) Legal description: The decreed point of diversion is located in Garfield
County on the West banklf Parachute Creek, about o.ne and three-fourths miles above the mouth
in Section 12, Township 7 South, Range 96 West, 6tr P.M. Applicants' engineers estimate the
point of diversion is t,+gO feet from the North Section Line and 1,100 feet from the West
Section Line. This estimate, however, should not be considered as changing or supplementilE
the decreed legal description of the Diamond Ditch, First Enlargement. The water right is
located as shown onthe map in Exhibit 1.
3) Source: Parachute Creek
4) Amount: 3'2 cfs, absolute.
5) Appropriation Date: March l, 1887.
6) Uses: The Application pending in Case No. 07CW239,Water Division 5,
seeks to change puckett's claimed ownership interest in the Diamond Ditch, First Enlargement
absolute watei right to add the following usJs to the decreed irrigation use: industrial, including
energy explorati6n and development; *ining; evaporation; refining; power; domestic; stock
*utoir,g; augmentation; and replacement of stream depletions, by direct use, storage, or
e*change. The estimated average annual stream depletion credit available for Applicants'
changel uses, pursuant to Case No. 07CW239,is 41.9 acre'feet, as shown on Exhibit 4.
F. The Low Cost Ditch, the Low Cost Ditch First Enlargement, and the Low Cost
Ditch Yeoman Enlargement (the "Low Cost Ditch Rights").
l) Legal description: The decreed point of diversion is in Garfield County on
the east bank of Parachute Creek, about eight miles above the mouth. Applicants' engineers
estimate the headgate and diversion point islocated in Lot 13 of Section 17, Township 6 South,
Range 96 West, 6a p.trrt. located at a point whence the South Quarter Corner of said Section 17
beari S. 18o 11" 00" West a distance of 798.61 feet, approximately 760 feet from the South
Section Line and 2,320 feet from the East Section Line. This estimate, however, should not be
considered as changing or supplementing the decreed legal description of the Low Cost Ditch
Rights. The Low Cost Ditch Rights are located as shown on the map in Exhibit 1.
2) The Low Cost Ditch was decreed for 5.0 cfs (of which Puckett claims 0.5
cfs) on May I l, 1889, in Civil Action No. 103, District court, Garfield county.
3) The Low Cost Ditch, First Enlargement, was decreed for 9.0 cfs (of which
puckett claims 0.5 cfs) on May ll, 1889, in Civil Action No. 103, District CouG Garfield
County,
4) The Low Cost Ditch, Yeoman Enlargement, was decreed for 1.6 cfs (of
which Puckett claims 1.1 cfs) on February 20, 1900, in Civil Action No. 770, District Court,
Garfield County,
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page ll ofll
5) Source: Parachute Creek, tributary to the Colorado River.
6) Uses: The Application pending in Case No. 07CW239, Water Division 5,
seeks to change Puckett's claimed ownership interest in the Low Cost Ditch Rights to add the
following ur.. to the decreed irrigation use: industrial, including, energy exploration and
development; mining; evaporation; refining; power; domestic; stock watering; augmentation; and
replacement of stream depletions, by direct use, storage, or exchange. The estimated average
annual stream depletion credit available for Applicants' changed uses, pursuant to Case No.
O7CW23}, is 179,f acre-feet, as shown on Exhibit 4. Any changes to the Low Cost Ditch
structure shall be subject to the provisions in paragraph 21..
G. Puckett Pond Nos. 1,2, and 3: Three ponds are to be constructed for storage and
delivery of augmentation water supplies, and a^re located as shown on the map in Exhibit 1.2.
1) Original Decree: An amended Application for the Puckett Pond Nos. l, 2
and 3 is pending in Case No. 07CW245, Water Division 5.
2) Legal description of reservoir dam for each augmentation pond: See
paragraph 6.D. above.
3) Source: Parachute Creek,
4) Amount:
Puckett Pond 1: 360 acre-feet, conditional.
Puckett Pond 2: 396 acre-feet, conditional.
Puckett Pond 3: 380 acre-feet, conditional'
5) Appropriation Date(s):
Puckett Pond 1: November 27,2007.
Puckett Pond 2: November 27,2407.
Puckett Pond 3: December 21,2007.
6) Uses: The Application pending in Case No. 07CW245,Water Division 5,
seeks the following uses: Industrial, including energy exploration and development; mining;
evaporation; refining; power; domestic; stock watering; irrigation (including irrigation of up to
200 acres of land owned by Puckett and for re-vegetation and reclamation associated with
mining and energy exploration and development); and augmentation.
H. Haystack Mountain Ponds 1,2, and3.
1) Original Decree: An amended Application for Haystack Mountain Ponds
1,2, and 3 is pending in Case No. 07CW245, Water Division 5'
2) Legal description of reservoir dam for each augmentation pond: See
paragraphs 6.Cl) - 3) above.
Case No. 09CW16
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 12 ofl2
3) Source: Surface water from and ground water tributary to Parachute Creek
via the Parachute Creek PDC Diversion and Puckett Well Field.
4) Amount: total of 23.3 acre-feet for all ponds'
5) APProPriation date: June 5, 2007'
6) Uses: Industrial, including energy exploration and development mining;
storage; evaporation; refining; power; domestic; stock watering; inigation; and augmentation'
7) The Haystack Mountain Ponds 1,2, and 3 shall only be available as an
augmentation source herein pursuant to the terms and conditions set forth in Paragraph l2 herein'
L Starkey Gulch Reservoir.
l) Original Decree: August 23, 1972, in Case No. W-321, District Court,
Water Division 5. A ciange of water iight apptication for the Starkey Gulch Reservoir
conditional water right is pending in Case No. 07CW239, Water Division 5'
2) Legal description of the point of diversion: see paragraph 6.F above.
3) Amount: 7,360 acte-feet (conditional)'
4) Appropriation Date: February 20,1967 '
5) Source: Starkey Gulch, tributary to Parachute Creek'
6) Uses: Municipal, industrial, domestic and irrigation purposes,
7) The Starkey Gulch Reservoir shall only be availablg us T augmentation
source herein pursuant to the terms and conditions set forth in Paragraph 12 herein.
J. South StarkeY Gulch Reservoir.
1) Original Decree: August 23, 1972, in Case No. W-321, District Court,
Water Division 5. A change of water right application for the South Starkey Gulch Reservoir
conditional water right is pending in Case No. 07CW239, Water Division 5'
2) Legal description of the point of diversion: see paragraph 6.G above.
3) Amount: 5,541 acre-feet (conditional)'
4) Appropriation Date: February 20,1967 '
5) Source: South Starkey Gulch, tributary to Starkey Gulch, tributary to
Parachute Creek, tributary to the Colorado River.
6) Uses: Municipal, industrial, domestic, and irrigation Purposes.
Case No, 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 13 ofl3
7) The South Starkey Gulch Reservoir shall only be available as an
augmentation sotrce herein pursuant to the terms and conditions set forth in Paragraph 12 herein.
TZ. Additional Suppties of Augmentation Water. Pursuant to C.R.S. S 37'92-305(8), the
'o,'t*@useadditionaloralternativesourcesofaugmentationwaterforreplacement in this Plan for Augmentation, including water leased by Applicants, if such sources
arl part of a substitute water *pply plan approved pursuant to C.R.S. $ 37-92-308 or if such
,or*., are decreed for such us".
-fne
Court may also authorize Applicants to use additional or
altemative sources of augmentation water for replacement in this Plan for Augmentation,
including water leased bylpplicants, if such sources are part of an intem.rptible water supply
ugrr..Jnt approved puriuant-to C.R.S. g 37-92-309. The following paragraphs set forth the
piocedure ,nd.r which these sources may be added to this plan. These procedures are adequate
io prevent injury to other water rights that might otherwise result from the addition of these
sources into the plan.
A. Adlditional Water Rights Separately Decreed for Augmentation Use. If a water
right is dec.eed or lawfully available for augmentation use and not already approved for such use
.rid"r this decree, Applicants shall give at least 60 days advance written Notice of Use of Water
Right for Augmentation to the court, the Division Engineer, and all the objectors. Such notice
shall describe-: 1) the water right by name and decree, if any; 2) the annual and monthly amount
of water available to Applicants from the water right; 3) the location or locations at which the
water will be delivered to the stream; 4) evidence that the Applicants own or control the water
right to be added, and that the claimed amount of water is not being and will 1ot be used by any
otlh., prr.on; and 5) the manner in which Applicants will account for use of the augmentation
credits. Any party in this case may, within 60 days from the date of a Notice of Use of Water
Right for Augmentation, file in this court a written objection to such Notice on the basis that use
ofine propor.d additional replacement source in this Plan for Augmentation will cause injury to
other water rights, and the court will retain jurisdiction of this matter for the purpose of resolving
any such objections. If an objection is so filed, the Applicants may not use the noticed water
right until the Court determines whether, and under what terms and conditions necessary to
privent injury to other water rights, the noticed water right may be used in this plan' If an
objection ir it.d, the Court will set the matter for a hearinB, an6 the Applicants shall have the
buiden of proving by a preponderance of the evidence that the requested addition will not cause
injury to other water rights.
B. Other Additional Water Riehts. If a water right is not decreed or otherwise
lawfully avaitaUte mi augmentation use, and Colorado statutes or other governing authority
provide a mechanism forlsing such water right without the need of a decree or well permit,
Applicants shall provide written notice to the objectors of their request for approval of the State
engineer pursuanl to CRS $$ 37-92-308,37-92-309, or other applicable statute. Applicants may
usJsuch water rights in the plan for augrnentation upon the State Engineer's approval of the
underlying administrative application for the term of such approval, unless such approval is
rrurrr.d or modified on applit by the Objectors, or by Objectors invoking the Court's retained
jurisdiction.
13. Description of Water Uses.
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 14 of 14
A. Energy Exploration. Development and Production ("EP"). Applicants will divert
water year-roundE-energy exploration and production operations. Such use will be considered
100% consumptive for purpor"r of this Plan for Augmentation. Early phase operations will be
supplied by water primarily from the PDC Parachute Creek Diversion, Haystack Mountain
ponds, puckett Wef fietA (via pipeline) and the Low Cost Ditch. Later phases may be supplied
by the other conditional water rights described in paragraph 6 above. Related uses will include
any water necessary for site reclamation and revegetation of disturbed ground and other
incidental water uses, including dust suppression associated with the energy exploration and
production, including oil and gis exploration, development, processing and production, and oil
shale exploration, development, processing and production. Applicants' engineers estimate that,
under the current plans, near-term annual diversions and consumptive use will average
approximately 100 acre-feet annually per oil and gas drilling operation. [n the initial phase,
Cu.rur plans on utilizing a maximum of four drilling rigs for its drilling operations at any one
time, subject to the availability of water for augmentation purposes from the sources identified in
p*ugruph 6, or from additional sources as they become available to the Applicants, and also
iubjJct-to the eventual mix of uses developed by the Applicants as outlined in this decree.
Applicants' engineers estimate that, in later phases, oil shale exploration and production may
r"qrire up to 4.5 barrels of water per barrel of shale oil produced. Exhibit 5 shows an estimate
of poten[ial EP uses (including a pilot oil shale project) during three initial phases of the
operation of this Plan for Augmentation (Tables 7, 12 and l2R).
B. Employee Housine. Caerus may provide employee housing on its leased
properties. The domestic uses will be supplied primarily by the Puckett Well Field. Applicants'
.rgin..r. estimate that, under current plans, the consumptive use associated with this use will
ur"rug" approximately 0.08 acre-feet annually per housed employee. For purposes of this Plan
for Augmentation, such use shall be considered 100% consumptive. Exhibit 5 shows an estimate
of potential employee housing uses during three initial phases of the operation of this Plan for
Augmentation (Tables 7, 12 and l2R).
C. Commercial Office and Warehouse Space. Puckett has plans for commercial
office and warehouse space on its property in the Parachute Creek Basin. Uses will include
domestic, landscape irrigation (including grass, trees, brush and gardens, and for site reclamation
and revegetation bf ground disturbed by the office space development), and an equipment and
vehicle washing facility. The commercial uses will be supplied primarily by the Wheeler Gulch
Well Field. Applicants' engineers estimate that, under current plans, the consumptive use will
averuEe approximately 0.05 acre-feet per 1,000 square foot of commercial office space,
including ihe associated uses described in this subparagraph. Total expected diversions for this
use are 4.26 acre-feet per year, and 1.60 acre-feet per year consumed. Applicants accounted for
lagged Wheeler Gulch Well Field depletions and lagged return flows in calculating the
consumptive use (lagged net stream depletions) associated with the commercial office and
warehouse space. Indoor uses are estimated to be l\Yo consumptive. Outside irrigation uses are
estimated to be 85% consumptive, with a uniform monthly distribution, Tables 7,12 and 12R of
Exhibit 5 show estimates of potential commercial office and warehouse space uses during three
initial phases of the operation of this Plan for Augmentation.
D. Irrigation. Puckett has plans for irrigation of up to 200 acres on its property in the
Parachute Creek Basin. Applicants' engineers estimate the consumptive use will average
approximately 1.9 acre-feet per acre of irrigated land. Tables 12 and 12R of Exhibit 5 show an
Case No.09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 15 of 15
estimate of potential irrigation uses during two initial phases of the operation of this Plan for
Augmentati,on. Inigatioiuse may be curtailed when the water rights to be used for irrigation are
out of priority.
E. Evaporation. Applicants will replace evaporation from the Haystack Mountain
ponds, the Puckett P"rdr, Starftey Gulch Reservoir, and South Starkey Gulch Reservoir, as
,rr..r*ury, The annual evaporation associated with ponds located in the Parachute Creek valley
and tributaries (the puckett Ponds, Starkey Gulch Reservoir, and South Starkey Gulch Reservoir)
is assumed on average to be approximateiy 3.75 acre-feet annually per acre of constructed pond
surface area. Table J I , tz und i zn of Exhibit 5 show an estimate of potential evaporation uses
during three initial phases of operation of this Plan for Augmentation.
F. Livestock. Puckett may engage in livestock production on its property.
Applicants' "ngin e.,
"rtimate
the annual consumptive use to be approximately 0.017 acre-feet
p#y.* per Ariimal Unit. For the purposes of this PIan for Augmentation, such use is considered
ioo6loconsumptive. Tables 12 and izR orExhibit 5 shows an estimate of potential livestock
uses during two initial phases of operation of this Plan for Augmentation.
G. Hunjing Lodge. Puckett has plans for a seasonal hunting lodge on its property.
Applicants' .ngi*oJ.rtir*t. the gross *ater requirement for the lodge to be approximately
0.'3b acre-feet per year per lodge. This consumptive use is based on four-month occupancy of the
lodge. For purposm of this Plan for Augmentation, this usage shall be considered 100%
con-sumptiv". tuUt6 7, lZ and l2R of Exhibit 5 show estimates of potential hunting lodge uses
during three initial phases of the operation of this Plan for Augmentation.
H. Total Water Use. Applicants may develop the water -uses and acquire
replacement r"ppli"r i" phurm ur n".d.d; however, Applicants will quanti& attd limit out-of-
priority depleti-ons to the amount of replacement water available under augmentation sources
described in this Decree or subsequently obtained by the Applicants. Applicants may change the
mix of uses under this plan for augmentation, provided that all out-of-priority depletions are
replaced in time, location, and amount to prevent injury to vested water rights. Under the first
phur" of this Plan for Augmentation, total annual depletions are expected to be 403.49 acre-feet.
Applicants' augmentation water supplies in this plan are sufflrcient to augment up to
ffioximately 1-,000 acre-feet of ourof-priority depletions per year under three initial phases'
Tt. urg*.ntation examples shown in Tables 8R, 13, and l3R (Exhibit 5) assume up to 204 days
of senior calls from *ui., rights on the Colorado River. The examples in Exhibit 5 show how
different augmentation ,ourc", can be combined on a monthly basis to cover up to approximately
1,000 acre-ieet of out-of-priority depletions in the call scenario. To the extent there are valid
senior water right calls on Parachute Creek downstream of the Parachute Creek PDC Diversion
structure that would otherwise: (1) require augmentation under this plan and/or (2) limit the
historic irrigation water right stream deptetion credits and the amount of water available that
could be stoied in the puckett ponds or St*k.y Gulch/South Starkey Gulch Reservoirs for later
augmentation release; then Applicants shall curtail their out-of-priority depletions except as can
be-augmented by released *utir in the sheam reach affected by the call. Total augmented out-
of-priority depletions under this plan for augmentation shall not exceed 1,000 acre-feet per year,
wiihout i.ntt "r written notice to the Court, State and Division Engineers, and objectors and
demonstration by the Applicants that the decreed replacement supplies together with any
supplies added jursuant io the terms of this decree are sufficient to augment the total out-of
t4.
CaseNo.09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 16 of 16
priority depletions. Objectors and the State and Division Engineers shall have 60 days from the
date oi any such notice to file any objections. The Court shall retain jurisdiction over this matter
to resolve any disputes concerning Applicants' ability to exceed total augmented depletions of
1,000 acre-felt pei year under thii paragraph. Exhibit 1.3 illustrates the expected place of use
for the augmented water uses described herein.
Depletions.
A. Timing and Amount of Stream Depletions from Well Pumping. All wells covered
by this Plan for Augmentation shall be metered. Stream depletions to Parachute Creek shall be
considered instantaneous for wells in the Puckett Well Field and any additional well located
within 100 feet of Parachute Creek. For wells in the Puckett Well Field, the Wheeler Gulch Well
Field or any additional well located more than 100 feet from a perennial stream, the timing of
depletions it ult U" lagged using a bounded Glover methodology or such other method as the
State Engineer shall uppror". Depletion factors from this analysis will be applied to the actual
monthly metering.
B. Location of Stream Deoletions: The locations of the structures where stream
depletions from well pumping impact Parachute Creek are shown generally on Exhibit 1.2.
15. Replacement. Depletions will be considered to be out-of-priority during times when
there is a valid ruil for water downstream of the Applicants' well or surface diversion
from a water right, or decreed exchange, that is senior to the priority of the well or
surface diversion's water right. Out-of-priority depletions from the augmented structures
shall be replaced with sources above the downstream calling water right on a year-round
basis, Tables 8R, 13 and l3R of Exhibit 5 show estimated replacement deliveries for a
potential mix of uses during three initial phases of the operation of this Plan for
Augmentation under adry year call scenario.
A. To satisff a valid downstream senior call from water rights on Parachute
releases will be made from the Puckett Pond Nos. 1,2, arrd 3, Starkey Gulch
South Starkey Gulch Reservoir, subject to paragraphs I 1.I.7) and I l. J.7) hereof. W
diverted in priority into storage for later ielease. Using currently availa!y'11
replacement water, this Plan for Augmentation cannot deliver augmentation
Creek above the Low Cost Ditch headgate. Accordingly, the Applica
diversions upstream of the Low Cost Ditch headgate may be curtailed if
injury to senior water rights.
B. To the extent available, pursuant to the decree in Case No. 07CW239,
depletion credits associated with the Low Cost Ditch Rights may be used to replace t
priority depletions when there is a call from a water right on Parachute Creek downsteam
Low Cost Ditch diversion structure. Historical depletion credits associated with the Low
Ditch Rights, Diamond Ditch, First Enlargement right, and the Rulison and Miller Ditch right
previously diverted in priority, directly or by exchange, and stored in one or more of the Puckett
Fonds, pursuant to the decrees in Case Nos. 07CW239 andA7CW246, may also be released from
storagelo replace out-of-priority depletions when there is a call from a water right on Parachute
Creek downstream of the discharge structures for the Puckett Ponds.
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 17 of 17
C. At times when there is no senior call from water rights on Parachute Creek, but
there is a valid senior call on the Colorado River, releases will be made from Applicants' water
supply contracts, or from the other augmentation supplies described above, so long as they are
available for delivery above the calling water right.
D. The Applicants will operate the appropriative rights of exchange.claimed in Case
No. 07CW246, Wuier Division S 1*t en in- priority) in conjunction with the Plan for
Augmentation, including exchange.
16. Curtailment. Applicants' Plan for Augmentation is sufficient to augment up to 1,00O
acre-feet of out-'o'f-priority depletions associated with diversions by the proposed wells
and swface diversion structures in the Parachute Creek basin when curtailment would
otherwise be required to meet a valid senior call for water, to the extent Applicants
comply with all the terms and conditions of this decree including, but not limited to
proriding the necessary replacement water as required by this decree. Pursuant to C.R'S'
g 37-gZ-3O.5(8), the StaG engineer shall curtail all out-of-priority diversions, the
depletions from which are not so replaced pursuant to the terms and conditions of this
decree as to prevent injury to vested water rights'
17. phased Development. The Applicants may implement this Plan for Augmentation in
ffiectedtoinvolveannualdepletionsofupto403.49acre.feetper
year. the augmentation sources described in paragraph l1 are sufficient to replace total
annual out-oflpriority depletions of up to 1,00b acre-feet in the Parachute Creek basin to
satisfy valid downstieam senior calls. Under later phases, the Applicants may exceed
total out-of-priority depletions of 1,000 acre-feet per year, in which case, Applicants may
add augmentation sources p*ruuni to the terms and conditions of this decree to satisff
senior calls on the Colorado River and Parachute Creek. With the implementation of
each plan phase, the applicants shall supply the Division Engineer and all objectors with
a copy of the newest accounting forms.- th" Dirni.ion Engineer and_ all objectors shall
nave fO days to comment on *d suggest revisions to the accounting forms from the date
they are received. Applicants will have 30 more days to respond^ to comments and
suggestions. If the purti.r are unable to agree on the accounting forms, the Division
fngineer and objectois may use Retained Jurisdiction (see paragraph 35 below) to settle
the dispute.
18. Integrated System. This Plan for Augmentation is a component part of an integrated
*"t* *ppty qrrt.*, which includes Puckett's interest in the Eaton Pipeline No. l, Dow
pumpin[ pi*i and Pipeline, TOSCO Pumping Plant and Pipeline, Sinclair Pumping
plant and Pipeline, Starkey Gulch Reservoir, South Starkey Gulch Reservoir, Thompson
Creek Reservoir and Thompson Creek Pipeline, as decreed in Case Nos. 95CW298,
2002CW016 and 2OO2CWI61, and the water rights and structures descdbed in the
applications in Case Nos. 2007CW239, 2007CW244,2007CW245, and 2007CW246
(Water Div. No. 5).
19. Approval of plan for Auementation. The Plan for Augmentation can be administered and
willnot.uoffightsifoperatedinaccordancewiththetermsofthis
decree, and should, therefore, be approved.
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Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page l8 of l8
20. Terms and Conditions.
A. puckett Land Company and Petroleum Development Corporation acknowledge
that operation of the plan for augmeniation in this Case No. 09CW16 is subject to and may not
curtail Exxon Mobil Corporatioi's previously decreed plan for augmentation decreed in Case
No. 82CW369. Puckett Land Company and Petroleum Development Corporation further
acknowledge that the water rights ciaimed in Case Nos. 07CW244, 245 and 246, and the
operation Jf tne plan for augmentation in this Case No. 09CWl6, are subject to and may not
r*t"it operation bf tn. Unocal Well No. 6 water right decreed in Case No. 82CW433 and the
augmentation plan decreed in Case No' W-2206.
B. Water diverted pr.psuant to the Plan for Augmentation approved and decreed in
this case may not be used on ih"vron lands except those lands in the Parachute Creek basin for
which Caerus currently has an oil and gas lease, or by written agreement with Chevron.
Zl. Terms and eonditions: Low Cost Ditch. The terms of this decree along with the decrees
inCaseNo'W4,o7cw245,07Cw246donotgrantApplicantsthe
right to enlarge and use the Low Cost Ditch to carry more water than Applicants are
currently entitlled to have carried in the ditch under Puckett's current ownership interest
in the Low Cost Ditch water rights. Applicants shall ensure that: (l) up to 132.8 cfs can
be diverted and carried in the Low Cost Oitctr for purposes of filling the off-channel
Puckett Pond Nos. 1,2 and 3 under the Eaton Pipeline No. 1, the Sinclair Oil and Gas
Company Pumping Plant and Pipeline, the Dow Pumping Plant and Pipeline and The Oil
Shale CorporatioriPumping Plant and Pipeline water rights as decreed in.07CW239; (2)
10.0 cfs can be diverted and carried in the Low Cost Ditch for purposes of fitling the off-
channel Puckett Pond Nos, l, 2 and 3 under their own rights as decreed in Case
07CW245; and (3) 10.0 cfs can be diverted and carried in the Low Cost Ditch for
purposes of filling the off-channel Puckett Pond Nos. l, 2 and 3 under the exchange
decreed in Case No. OZCW246. To do so, and to the extent required, the Applicants at
their sole expense, shall obtain such additional rights-of-way and make such structural
modificationi a" *e necessary to increase the capacity of the Low Cost Ditch to divert
and ca11y such additional amounts of water as contemplated by these cases which are in
excess of the 27.94 c.f.s. currently decreed to the Ditch. Further, prior to making any
structural modifications as are neCessary to increase the capacity of the Low Cost Ditch
to divert and carry more than the currently decreed 27.94 c.f.s., Applicants shall reach
agreement, with ihe other ditch water right owners (which agreement shall not be
gireasonably wittrheld by Chevron), on a formula for sharing the ditch operation and
maintenance costs. The formula shall be based, in part, on the ditch capacity and the
segment or segments of the ditch used by each ditch owner'
CONCLUSIONS OF LAW
22. Incorporation of Findings of Fact. The foregoing Findings of Fact are incorporated into
these Conclusions of Law.
23. Notice and Jurisdiction. The Water Court for Water Division No. 5 has jurisdiction over
tttr *bject ."tt , "f these proceedings and over all persons, owners of property and
water rights that may be affected hereby, irrespective of whether they have chosen to
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 19 of 19
24.
appear. C.R.S. gg37-92-301,37-92-302, and 37-92-303. The application in this matter
*a ftr resume iuUtications of the application placed such persons on notice of the relief
requested by the application and granted by this decree.
plan for Augmentation Contemplated by Law. The Plan for Augmentation is
.*t"*pt"t.d by taw and satisfies the requirements of C.R.S. $ 37-92-l0l et seq.,
including but not limited to $$ 37-92-103,37-92-302,37-92-304(6),37-92-305(3),37-
92-305(5), and 37-92-305(8). Specifically, the Court finds that a complete statement of
the plan' for augmentation thai adequately described all water rights involved was
prouid.d ana p;Utished, and that adequate notice was provided as required by law
pursuant to C.it.S., i 37-92-302. The Court also finds that the relief in this decree is
ionsistent with the ielief originally requested in the Application and for which public
notice was provided. The Court further finds that the decree is within the scope of a plan
for augmentation as defined in C.R.S. $ 37-92-103(9) because the subject plan for
augmeitation provides a detailed program to increase the supply of water-available for
thJbenefrcial use by the Applicant of a new or alternate means or points of diversion.
No Injury. Operation of the Plan for Augmentation will not injuriously affecl_any owner
"f ", p"r*n entitled to use water under a vested water right or decreed conditional water
right, so long as operated and administered in accordance with the terms of this decree.
c.R.s. $ 37-e2-305(3).
Substitute Water. The substituted water shall be of a quality and quantity so as to meet
tt. r"q*..r*rt, f"r which the water of senior appropriators has normally been used, and
such substituted water shall be accepted by senior appropriators in substitution for water
derived by the exercise of their decreed rights pursuant to C.R.S. $ 37-92-305(5).
Burden of Proof. Applicants have met their burden of proof and are therefore entitled to
a decree approving their Plan for Augmentation.
Administrability. The PIan for Augmentation is administrable by the officials of the State
of Colorado.
RULING. JUDGMENT AND DECREE
Incomoration. The foregoing Findings of Fact and Conclusions of Law are incorporated
into this Ruling, Judgment and Decree.
Application Approved. Subject to the terms of this decree, the application for Plan for
Augmentation is hereby granted and approved.
Satisfaction of Senior_Water Rights. So long as operated and administered in accordance
*tth thtr d**", th" Plan for Augmentation will be sufficient to permit the continuation
of diversions, and resulting deptetions, without impairing the water rights of others, in the
amounts and for the purposes decreed by this decree, when curtailment of such operations
would otherwise be required to meet valid senior calls for water. Pursuant to C.R'S' $
37-92-305(8), the State Engineer shall curtail all out of priority diversions, the depletions
27.
28.
25.
26.
29.
30.
31.
Case No. 09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page 20 of20
from which are not so replaced pursuant to the terms and conditions of this decree as to
prevent injury to vested water rights, including exchanges.
32. Measuring Devices. In addition to the measuring devices and reporting expressly
required by this decree, Applicants shall install and maintain, at Applicants' expense,
roih udditional meters, ga.rges, or other measuring devices as are required by the Water
Commissioner or Division Engineer, and shall report at reasonable times to the Water
Commissioner or Division Engineer the readings of such meters, gauges, or other
measuring devices pursuant to C.R.S. S 37'92-502(5)(a).
33. Transit I-oss. For planning purposes, Applicants have assumed a l|Yo transit loss for
contract water delivLred down the Colorado River as shown in Exhibit 5. Under actual
operation of this plan, the Applicants shall be assessed transit losses on deliveries of
augmentation and replacement water from the location of delivery of such water to the
rivir to the location at which actual replacement occurs using the actual transit loss
percentage per mile assessed by the Division Engineer'
34. Accounting. Pursuant to C.R.S. $ 37-92-502(5), Applicant shall install and maintain
,"."r*t"g devices, provide accounting, and supply calculations regarding the timing of
depletioni as may be required by the Division Engineer for the operation of this plan.
The State and Division Engineer, or designated agents, shall have access to such
measuring devices as needed. The Applicant shall also file an annual report with the
Division Engineer by November 15 following each proceeding irrigation year (November
1 through Oitober 31) summarizing diversions and replacements made under this plan.
35. Retained Jurisdiction. Pursuant to C.R.S. i 37-92-304(6), the Plan for Augmentation
shall remainiubjict to reconsideration on the issue of injury to vested water rights of
others that may iesult from future operation of the Plan for Augmentation commencing
on the date of entry of this decree and continuing for five (5) years from the date that
Applicants provide written notice to opposers, the Division Engineer, and Court that the
plan for Augmentation is fully operational and that no additional structures, depletions or
augmentation sources will be added under the terms of this decree. Except to the extent
subject to retained jurisdiction, these findings, conclusions and decree are final. The
retained jurisdiction provision of this paragraph is in addition to specific retained
jurisdiction provisions included in other sections of this decree.
A. Procedure for Retained Jurisdiction: Unless a different procedure is specifically
set forth in a previous paragraph of this decree, any party, including the State and Division
Engineers, may invoke retainedjurisdiction by filing a Petition to do so with this Court. Such
Petition shall Le filed under the caption and case number of this case and shall be served on
counsel of record for all parties who have appeared. Any Petition to invoke the retained
jurisdiction shall set forth with particularity the factual basis and the alleged injury or violation
tf tnir decree upon which the requested reconsideration is premised, together with proposed
decree language modifications offered by the moving parry or relief requested to remedy the
alleged injury or violation. Parties shall be given 60 days from the service of the Petition to file a
r.rporrr. ihereto. The moving party shall have the initial burden of going forward to establish
the prima facie facts alleged in the Petition. Applicants shall then have the burden of proof to
Case No.09CWl6
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page2l of2l
show either that the alleged injury or violation has not occurred or will not occur, or to propose
additional terms and coniitions ttrat will prevent injury or violation from occurring'
36. Adminishation by State and Division Engineets. .A copy of this riudgle"t and decree
shall be filed with the State *d Di"t.tm E"gineers, and it shall be administered
according to its terms.
Dated this
-
day of
Dated this
-
daY of
.,20_.
WATER REFEREE:
Holly K. StrablizkY, Water Referee
Water Division No. 5
State of Colorado
DECREE OF THE WATER COURT
20_.
WATER JUDGE:
James Boyd, Water Judge
Water Division No. 5
State of Colorado
Case No.09CW16
Findings of Fact, Conclusions of Law, Ruling of Referee and Decree
Page22 of22
EXHIBIT LIST
Exhibit l: Caerus and Puckett Water Rights Map, including exchange reaches
Exhibit 1.1: Haystack Mountain Location Map
Exhibit 1.2: Caerus and Puckett Ponds, Well Fields, and Development Area Map
Exhibit 1.3: Proposed Place of Use Map
Exhibit 2: Colorado River Water Conservation District Water Supply Contract
Exhibit 4: Puckett Land Company Stream Depletion Credit
Exhibit 5: :.r*rf;tulation of Anticipated Diversion and consumptive Use
(Date Revis ed 9 I 26 I 12,subsequently revi sed 2l I 4 I 13)
Table 8R
(Date Revised 9126112, subsequently revised l0l3/13)
Table l2R
(Date: Revised 9/26/12, subsequently revised 2ll4ll3)
Table 13R
(Date Revis ed () 126 / l},subsequentl y revi sed 1 0 I 3 I I 3)
Table 12
(Date Revised}lllll3)
Table 13
(Date Revis ed 2/ | 5 I 13,subsequently revised 1 0/ I 0/ I 3)