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HomeMy WebLinkAbout2.0 Water Supplement• March 22, 1982 0 (Er&7,77 MAR 2 :3 19.82 tiCtu1 Mr. Dan Kerst Schenk and Kerst Village Plaza Glenwood Springs, CO 81601 RE: Los Amigos Ranch Dear Dan: IMUESER & ASSOCIATES 201 CENTENNIAL STREET SUITE 306 GLENWOOD SPRINGS, CO 81601 (303) 945-5468 As per your request relayed through Paul Manino to myself, please find the referenced February 2, 1982 letter concerning adequacy of water rights. Sincerely, SCHMUESER & ASSOCIATES, INC. Dean SJ) Gordon, P.E. Princ_ al Engineer cc: Mr. Paul Manino DWG/ln WILLIAM H. NELSON OREOORY K. HOSKIN JOHN W. OROVES ANTHONY P. PRINSTER JON E.OETZ FREDERICK O. ALDRICH OREOO K. EAMPF EDWARD A. LIPTON CURTIS 0. TAYLOR NELSON, HOSKIN, GROVES & PRINSTER PROFESSIONAL CORPORATION ATTORNEYS AT LAW Mr. John". Stanford Associate Planner Resource Management, Inc. P. 0. Box 11536 Aspen, tolorado 81611 500 FIRST NATIONAL BANK BUILDING P. 0. BOX 40 GRAND JUNCTION, COLORADO 81502 TELEPHONE 242-4903 AREA CODE 303 February 2, 1982 Re: Los Amigos Ranch Planned Unit Development - Water Rights Dear Mr. Stanford: At your request, we have reviewed the water right decrees and pertinent stipulations pertaining to Los Amigos Well No. 5 and Rancho Los Amigos Well No. 6 ("Well No. 5" and "Well No. 6" rL- spectively). The purpose of our review was to update Loyal E. Leavenworth's letter of October 6, 1978 addressed to the, Director of the Garfield County Planning Department in connection with your preliminary plan application of portions of the Los Amigos Ranch Planned Unit Development in Garfield County, Colorado, as follows: Subdivision No. 2 - Filing No. 1, Lots 1 thru 9 inclusive and Lots 29 and 30. Subdivision No. 2 - Filing No. 2, Lots 33 thru 57 inclusive. Subdivision No. 2 - Filing No. 3, Lots 12 thru 17 inclusive, Lot 28 and Lots 76 thru 83 inclusive. There are only two matters which are pertinent to the water rights in question. They concern the Stipulation and AyremenL entered into as part of the Conditional Decree for Well No. 6, and the change in point of diversion for Well No. 5, and the chan<_. in density of the Planned Unit Development as a whole. Our comments are as follows: 1. Stipulation and Agreement - Case Nos. W-3873 and W-3,13. On the date of Mr. Leavenworth's letter, Well No. 5 held an Absolute Decree for 300 gallons per minute (.66 c.f.s.) with an appropriation date of August 22, 1963. However, Well No. 6 was in the process of adjudicating a conditional right for -the same quantity of water for all municipal purposes, however, having a junior date of appropria- tion. This application was Case No. W-3873. Also in the process • • Mr. John P. Stanford - 2 - February 2, 1982 of adjudication was an Application for Change of Water Rights to permit Well No. 5's water to be diverted through the point of diversion for Well No. 6. This was Case No. W-3893. Colorado Mountain College (CMC) objected to both the application for a conditional right for Well No. 6, and the change in point of diver- sion for Well No. 5. During the course of litigation of both Case Nos.. W-3873 and W-3893, a Stipulation and Agreement was entered into between the Los Amigos Ranch Partnership's predecessors, Robert W. Chatmas and James A. R. Johnson (referred to in the Stipulation and Agreement as "Los Amigos"), and the objector CMC. The Stipulation and Agreement was dated December 31, 1979 and formed the basis of two later Rulings of Referee in Case Nos. W-3873 and W-3893, each being dated May 30, 1980. Copies of the Stipulation and Agreement and the Rulings of Referee are enclosed for your reference. In essence, in exchange for withdrawal of their objection to the conditional right for Well No. 6 and the alternate point of diversion for Well No. 5, CMC exacted certain obligations on the part of Los Amigos which are summarized as follows: A. Well No. 5 and Well No. 6 were agreed to be junior in priority of diversion to all of CMC's well rights, even though the date of Well No. 5's appropria- tion was senior to some of CMC's well rights. B. There was a reciprocal agreement to monitor and maintain written records of well water level and quantity of diversion for each party's wells and furnishing such information to each other upon request. Further, Los Amigos agreed to monitor the "Red Canyon Spill" and fur- nish this information to CMC. C. Los Amigos agreed to limit its annual average diversions from Well No. 5 and Well No. 6 to those quantities set forth in the permits to construct these wells issued by the State Engineer. D. Los Amigos assumed the burden of preventing injury to CMC's well rights either as a result of the diversion by junior appropriators in the Spring Valley aquifir (including Los Amigos) or a call placed on the tributary to the Spring Valley aquifir by senior water rights holders on the Roaring Fork River. It was the view of Los Amigos that the obligations assumed under the Stipulation and Agreement were relatively minor and would not materially jeopardize available water under the decrees for Well No. 5 and Well No. 6 for use in the Los Amigos Ranch Planned Unit • • Mr. John P. Stanford - 3 - February 2, 1982 Development. The bases for this opinion were three -fold: First, engineering data indicated a more than adequate recharge to the Spring Valley aquifir; second, there were adequate legal tools in existence in order to curtail junior appropriators in the Spring Valley aquifir causing reducting in aquifir water level; and third, the access to augmentation water through either Rudi Reservoir or Green Mountain Reservoir in the event calls were placed on the tributary to the Roaring Fork River. We have nothing to indicate that these opinions are not well founded. 2. Change in Density. We have been advised by Dean Gordon that the overall density for the Los Amigos Ranch Planned Unit Development has been decreased largely as the result of the decrease in the number of multi -family dwelling structures. Also, on our inquiry, we have been advised that there has been no corresponding increase in irrigated land. Thus, the effect of the decrease in density should have the effect of decreasing demand on available water supplies and therefore be beneficial insofar as available water is concerned. know. FGA:b cc: If you have any questions concerning this letter, please let us Very truly yours, NELSON, HOSKIN, GROVES & PRINSTER, Professional Corporation BY - Fr derick y Fr-derick G. Aldrich Dean Gordon (with encls.) Thomas E. Neal ( " " ). Malcolm Wall ( " IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Case Nos. W-3873 and W-3893 +:;OPY O 1-1n Fi!e1 - 7- gO T { By Deputy IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF ROBERT W. ) CHATMAS AND. JAMES A. R. JOHNSON ) STIPULATION AND AGREEMENT IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES ) IN GARFIELD COUNTY ) COMES NOW, the Applicants Robert W. Chatmas and James A. R. Johnson (hereinafter "Los Amigos"), by and through their attorneys Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., and the Objector Colorado Mountain Junior College District (hereinafter "CMC") , by and through its attorney James M. Larson; WITNESSETH: WHEREAS, in Case No. W-3873, Los Amigos filed an Application for Water Rights for the Rancho Los Amigos Well No. 6 (hereinafter "Well No. 6") , to be used to supply water to a residential land development (hereinafter "Los Amigos Ranch P.U.D."); and WHEREAS, in Case No. W-3893, Los Amigos filed an Application for Change of Water Rights for the Los Amigos Well No. 5 (hereinafter "Well No. 5")• to make the point of diversion of Well No. 6 an alternate and supplemental point of diversion for Well No. 5; and WHEREAS, CMC timely filed Statements of Opposition in Case Nos. W-3873 and W-3893; and WHEREAS, CMC currently is the owner of: Colorado Mountain College Well No. 1, .decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-403, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of May 8, 1967; Colorado Mountain College Well No. 2, decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-404, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of May 16, 1972; Colorado Mountain College Well No. 3, decreed absolutely and unconditionally for 0.09 c.f.s. in Case No. W-405, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of March 31, 1967; and Colorado Mountain College Well No. 4, decreed absolutely and unconditionally for 0.22 c.f.s. in Case No. W-406, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of March 1, 1967; and WHEREAS, Los Amigos is the owner of or Applicant for, among others, the following underground water rights: Los Amigos Well No. 5, decreed absolutely and unconditionally for 0.66 c.f.s. in Case No. W-2156, on July 23, 1974, in Garfield County, Colorado, with an appropriation date of August 22, 1963; and Rancho Los Amigos Well No. 6, filed August 31, 1978, and involved herein as Case No. W-3873, Water Division No. 5, State of Colorado; and WHEREAS, the underground water rights owned by CMC, and owned or currently applied for by Los Amigos, as above recited, have as their source of supply the Spring Valley Acquifer, which the parties agree is non -tributary to Cattle Creek; and WHEREAS, the parties hereto wish to provide for the orderly administration of the Spring Valley Acquifer vis-a-vis the parties; and WHEREAS, Los Amigos and CMC have amicably reached a settlement in the above -captioned cases and seek a prompt disposition thereof upon the terms and conditions herein set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree and stipulate •as follows: 1. Upon approval of the terms and conditions of this Stipulation and Agreement by the Court, CMC shall be deemed to consent to the entry of decrees incorporating such terms and conditions by the Court, granting the Application filed in Case No. W-3873 and the Application filed in Case No. W-3893, and shall withdraw its Statements of Opposition thereto. 2. Los Amigos agrees that, anything herein to the contrary notwithstanding, Well No. 5 is and shall have a priority junior to those of Colorado Mountain College Wells Nos. 1 through 4, inclusive (said CMC wells having been adjudicated in Case Nos. W-403 through W-406, as set forth more fully above) . -2- r 3. Los Amigos and CMC agree to constantly monitor, and to maintain written records thereof on a monthly basis, concerning the water level and diversions of their respective wells, at each party's own expense, by installing totalizing flow meters or other appropriate measuring devices on each party's respective wells above identified within one (1) year from the execution date hereof. The parties agree further to cooperate toward the orderly development of the Spring Valley Acquifer by providing one another reasonable inspection of said records upon written request of either party hereto. Los Amigos further agrees to monitor on a monthly basis, at its sole expense, the flow of water from Landis Creek and Spring Valley to the Roaring Fork River, such flows being commonly denominated as the ".Red Canyon Spill," and to provide written information thereof to CMC. 4. Los Amigos hereby agrees to limit its average annual diversions from its wells above identified to the average annual acre-feet diversions set forth in the Permits to Construct a Well issued by the Office of the State Engineer. 5. It is expressly understood by the parties hereto that injury may occur to the water rights of CMC as a direct result of Los Amigos or other junior appropriators who, as a result of their groundwater withdrawals over time, cause a lowering of the water table in the Spring Valley Acquifer because the average annual depletions therefrom exceed the average annual recharge rate of the Spring Valley Acquifer. In the event of a lowering of the water table to the injury of CMC, Los Amigos agrees, at its sole expense, to commence and prosecute efforts, including court action if necessary, designed appropriators to alleviate the in the alleviation of injury to to curtail diversions by third -party junior injury to CMC. If such efforts do not result the water rights of CMC, then CMC may take whatever action is necessary to cause Los Amigos to curtail its diversions from its wells herein described, or take other effective remedial measures to whatever extent necessary to alleviate the injury to CMC. Nothing contained within this paragraph shall be construed to limit in any manner any remedies in law or at equity that CMC may have to avoid injury to the water rights of CMC described herein. 6. The Court shall retain jurisdiction of these cases, pursuant to C.R.S. 1973, 37-92-304(6), as amended, for a period of ten (10) years from the entries of decrees herein, and CMC shall have the right to reopen these proceedings at any time during said period as often as necessary for reconsideration by the Court of the question of injury to its decreed water rights; provided, however, nothing contained within this paragraph shall, impair or limit the rights of CMC set forth in Paragraph 5, supra. 7. Los Amigos agrees that CMC shall have the right, including, without limitation, for purpose of the implementation of Paragraph 5, supra, to make diversions from the CMC Wells 1 through 4 set forth herein up to the amounts set forth in the individual decrees for, said water rights. 8. Los Amigos and CMC agree to enter into good faith negotiations in an attempt to arrive at --but neither is obligated to arrive at --an Agreement designed to permit an interconnection of water facilities of the respective parties for mutual emergency water supplies. 9. By signing this Stipulation and Agreement, the parties hereto acknowledge and represent to one another that all procedures necessary to validly contract and execute this Stipulation and Agreement have been performed and that persons signing for each party have been duly authorized to do so. 10. This Stipulation' and Agreement shall be binding upon and inure to the benefit of the heirs, devisees, legal representatives, successors, and assigns of Los Amigos, and the successors and assigns of CMC. WHEREFORE, the parties have executed this Stipulation1n"and Agreement, in triplicate originals, on the S i day of ,b- , 1979. MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P. C. Attorneys for Robert W. Chatmas and James A. R. Johnson //;; ulAtA JAMES N' ARSON60� Attorney for Colorado By Mountain Junior College oy l . Leave E District 719 Grand Avenue 1011 Grand AVenue P. 0. Box 476 P. 0. Drawer 2030 Glenwood Springs, CO.81601 Glenwood Springs, CO PH (303) 945-8659 PH (303) 945-2261 ev n�I . Patri w k -4- rth, #6696 #9124 81601 1 • IN TIIE DISTRICT COURT IN AND F5R WATER DCVISION NO. 5 STATE 01' COLORADO Application No. W-3873 IN TIIE MATTER OF TIIE APPLICATION FOR WATER RIGHTS OF ROBERT W. CHATMAS AND JAMES A. R. JOHNSON IN THE ROARING FORK RIVER IN GARFIELD COUNTY s -‘")FILED IN WATER COURT Division Nu. 5 MAYO 01990 STATE OE COLORADO INA rER CLERK $ RY DCPJT+ v RULING OF REFEREE The above entitled application was filed on August 31, 1978, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 6th day of September, 1978, and again, after Stipulation, on January 15, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Right Deter - ruination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. The statement of opposition has been effectively withdrawn by stipulation between the parties involved. 2. The name of the structure is Rancho Los Amigos Well No. 6. 3. The names of the claimants and address: Robert W. Chars and Jaynes A.R. Johnson; P.O. Box 2218; Aspen, Colorado. 4. The source of the water is a well having a depth of 300 feet, and being tributary to the Roaring Fork River. 5. The well is located in the NE';, SE4 of Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the Northeast Corner of said Section 5 bears N. 10°17' E. 2,844 feet. 6. The proposed use of the water is all municipal uses, including, without limitation, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation, recreation, aesthetic, and all other beneficial uses; exchange, substitution, replacement or augmentation; storage for system balance and adjustment in connection with any and all uses proposed herein; however, some of the proposed uses are not recognized benefcial uses of water. 7. The date of initiation of appropriation is July 27, 1978. 8. The amount of water claimed is 0.66 cubic foot of water per second of time, conditional. -1- 4W-3873 9. The well has nott been completed and the water has not been diverted and applied to beneficial use. 10. On January 25, 1979, Permit No. 2396G -F was issued by the Office of the State En_.ineer, subject to the following "conditions of approval": This well shall be used in such a .way .as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) The approval of this permit is subject to the approval of a Decree (Case No. VJ-3873) filed in Water Division No. 5, State of Colorado prior to the use of this well. 2) The test data and results of all aquifer test that are conducted on this well, shall be submitted to the Division of Water Resources. 3) This well shall be constructed at least 600 feet from any existing well(s). 4) A totalizing Flow meter must be installed on the well discharge when this water supply is put to beneficial use. Diversion records shall be submitted, upon request, to the Division. 5) Average annual appropriation from this well shall not exceed 300 acre-feet. 6) The pumping rate of the well shall be limited to 300 gallons per minute or the actualyield of the aquifer, which- ever is less. 11. On October 31, 1978, a Statement of Opposition was filed by Colorado Mountain Junior College District, and as a result, on November 30, 1978, the application was re-referred by the Water Referee to the Water Judge for Water Division No, 5. 12. On January 7, 1980, the applicant and the objector filed, in Water Court for Water Division No. 5, a Stipulation and Agreement which contained the following pertinent provisions: A. Upon approval of the terms and conditions of this Stipulation and Agreement by the Court, CMC shall be deemed to. consent to the entry of decrees incorporating such terms and conditions by the Court, granting the application• filed in Case No. W-3873, and shall withdraw its Statement of Opposition thereto. B. Los Amigos and CMC agree to constantly monitor, and to maintain written records thereof on a monthly basis, concerning the water level and diversions of their respective wells, at each party's own expense, by installing totalizing flow meters or other appropriate measuring devices on each party's respective wells above identified within one (1) year from the execution date hereof. The parties agree further to cooperate toward the orderly development of the Spring Valley Acquifer by providing one another reasonable inspection of said records upon written request of either party hereto. Los Amigos further agrees to monitor on a monthly basis, at its sole expense, the flow of water from Landis Creek and Spring Valley to the Roaring Fork River, such flows being commonly denominated as the "Red Canyon Spill," and to provide written information thereof to CMC. C. Los Amigos hereby agrees to limit its average annual diversions from this well to the average annual acre-feet diversion set forth in the Permit to Construct a Well issued by the Office of the State Engineer. • W-3873 D. It is expressly understood by the parties hereto that injury may occur to the water rights of Ci4C as a direct result of Los Amigos or other junior appropriate who, as a result of their groundwater withdrawals over time, cause a lowering of the water table in the Spring Valley Acquifer because the average annual depletions therefrom exceed the average annual recharge rate of the Spring Valley Acquifer. In the event of a lowering of the water table to the injury of CMC, Los Amigos agrees, at its sole expense, to commence and prosecute efforts, including court action if necessary, designed to curtail diversions by third -party junior appropriators to alleviate the injury to CMC. If such efforts do not result in the alleviation of injury to the Water Rights of CMC, then CMC may take whatever action is necessary to cause Los Amigos to curtail its diversions from its wells herein described, or take -other effective remedial measures to whatever extent necessary to alleviate the injury to CMC. Nothing contained within this paragraph shall be construed to limit in any manner any remedies in law or at equity that CMC may have to avoid injury to the water rights of CMC described herein. .E. The Court shall retain jurisdiction of this case, pursuant to CRS 1973, 37-92-304(6), as amended, for a period of ten (10) years from the entry of a decree herein, and CMC shall have the right to reopen these proceedings at any time during said period as• often as necessary for reconsideration by the Court of the question of injury to its decreed water rights; provided, however, nothing contained within this paragraph shall impair or limit the rights of CMC set forth in Paragraph D supra. F. Los Amigos agrees that CMC shall have the right, including, without limitations, for purpose of the implementation of Paragraph D, supra, to make diversions from the CMC Wells 1 thru 4 in the amounts as set forth in the individual decrees for said water rights. G. Los Amigos and CMC agree to enter into good faith negotiations in an attempt to arrive at --but neither is obligated to arrive at --an Agreement designed to permit an interconnection of water facilities of the respective parties for mutual emergency water supplies. As a result of the Stipulation, the application was again referred to the Water Referee by the Water Judge for Water Division No. 5. The Referee does therefore conclude that the above entitled application should be granted insofar as it is consistent with the terms of the Stipulation as set forth in paragraph 12 above, and that 0.66 cubic foot of water per second of time, not to exceed 300 acre feet of water per year, with appropriation date of July 27, 1978, is hereby awarded conditionally to Rancho Los Amigos Well No. 6, for municipal, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation, and recreation purposes, provided always 0.66 cubic foot of water per second of time (limited to a maximum with- drawal of 300 acre feet per year) is on the condition that said quantity of water be applied to the above beneficial uses within a reasonable time; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law, and further subject to the "conditions of approval" of r ,• :W-3873 the permit as set forth %in paragraph 10 above. Application for a quadrennial finding of •reasonable diligence shall be filed in May of 1984 and in May of every fourth calendar year thereafter so long as claimant desires to maintain this conditional water right or until a determination has been made that this conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the Dore at the City of Glenwood Springs, Colorado, day of j MX) I , 1980. iso pros %vas filed in this m The foregoing ruling is cone: • - ;l and approved, and i; Jcdcjmcnt rd f .cr his ,;.f State Engineer. -712 this BY THE REFEREE: Wate/Referee Water Division No. 5 State of Colorado IN THE DISTRICT COURT IN FOR WATER DIVISION NO. STATE OF Application IN TIIE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ROBERT W. CHATMAS AND JAMES A. R. JOHNSON IN THE ROARING FORK RIVER IN tGARFIELD COUNTY COLOP11DO No. W-3893 AND 5 RULING OF REFEREE rFILED iN WATER COUT 1 Division No. 5 WATER CLERK l M Y301980 STATE OF COLORADC WAT F)Y ,r)E:PUTY The above entitled application was filed on September 29, 1978, and was referred to the undersigned as Water Referee for Division No. 5, State of Colorado, by the Water Judge of Water said Court on the 20 th day of October, 1979, and again, after Stipulation, on January 15, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. The statement of opposition has been withdrawn as a result of a Stipulation filed by the applicant and the opposer. 2. The names of the structure involved are (a) Los Amigos Well No. 5, and (b) Ranch Los Amigos Well No. 6. 3. The names of the claimants and address: Robert W. ChEl)oa$ and James A.R. Johnson; P.O. Box 2218; Aspen, Colorado. 4. The source of the water for Los Amigos Well No. 5 is a well having a depth of 260 feet. The source of the water for Rancho Los Amigos Well No. 6 is a well having a depth of 300 feet. Both wells are tributary to the Roaring Fork River. 5. (a) Los Amigos Well No. 5 is located in Lot 6, Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the East Quarter Corner of said Section 5 bears N. 41°07'43" E. 974.55 feet. (b) Rancho Los Amigos Well No. 6 is located in the NE4 SE; of Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the North'4st Corner of said Section 5 hears N. 10°17' E. 2,844 feet. 6. On April 1, 1974, in Case No. W-2156, the Water Referee for Water Division No. 5 awarded to the Los Amigos Well No. 5, an absolute water right for 0.66 cubic foot of water per second of time for municipal, commercial, domestic, and industrial uses, with approp- riation date of August 22, 1963. This Ruling of the Referee was confirmed and made a Decree of the Court on July 23, 1974. -1- W-3893 (a) Simultaneously with this current proceeding, in Case No. W-3873, the Water Referee for Water Division No. 5 awarded to Rancho Los Amigos Well No. 6, a conditional water right for 0.66 cubic foot of water per second of time, with a maximum annual withdrawal of 300 acre feet of water, to be used for municipal, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation, and recreation purposes, with approp- riation date of July 27, 1978. This Ruling of Referee is subject to Judicial review by the Water Judge of Water Division No. 5. 7. On September 29, 1978, the claimant filed, in Water Court for; Water Division No. 5, an application for change of water right in which is is requested that the point of diversion of Rancho Los Amigos Well No. 6, at the location as described in paragraph 5(b) above, be designated as an alternate point of diversion for the water previously awarded to Los Amigos Well No. 5. 8. On November 30, 1978, a Statement of Opposition was filed by Colorado Mountain Junior College District, and as a result, on December 29, 1978, the application was re-referred by the Water Referee to the Water Judge for Water Division No. 5. 9. On January 7, 1980, a Stipulation and Agreement was filed by the applicant and the opposer which contains the following pertinent provisions: WHEREAS, CMC currently is the owner of: Colorado Mountain College Well No. 1, decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-403, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of May 8, 1967; Colorado Mountain College Well No. 2, decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-404, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of May 16, 1972; Colorado Mountain College Well No. 3, decreed absolutely and unconditionally for 0.09 c.f.s. in Case No. W-405, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of March 31, 1967; and Colorado Mountain College. Well No. 4, decreed absolutely and unconditionally for 0.22' c.f.s. in Case No. W-406, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of March 1, 1967; and WHEREAS, the underground water rights owned by CMC, and owned or currently applied for by Los Amigos, as above recited, have as their source of supply the Spring Valley Acquifer, which the parties agree is non -tributary to Cattle Creek; and WHEREAS, the parties hereto wish to provide for the orderly administration of the Spring Valley Acquifer vis-a-vis the parties; and WHEREAS, Los Amigos and CMC have amicably reached a settlement in the above -captioned cases and seek a prompt disposition thereof upon the terms and conditions herein set forth. NOW, THEREFORE, for an in consideration of the mutual covenants and promises contained herein, the parties agree and stipulate as follows: A. Upon approval of the terms and conditions of this Stipulation and Agreement by the Court, CMC shall be deemed to consent to the entry of decrees incorporating such terms and conditions by the Court, granting the Application filed in Case No. W-3873 and the Application filed in Case No. W-3893, and shall withdraw its Statements of Opposition thereto. B. Los Amigos agrees that, anything herein to the contrary not- withstanding, Well No. 5 is and shall have a priority junior to those of Colorado Mountain College Wells Nos. 1 thru 4, inclusive (said CMC wells having been adjudicated in Case No. W-403 thru W-406, as set forth more fully above). C. Los Amigos and CMC agree to constantly monitor, and to maintain written records thereof on a monthly basis, concerning the water level • -2- l • • U-•3893 and diversions of their respective wells, at each party's own expense, by installing totalizing flow meters or other appropriate measuring devices on each party's respective wells above identified within one (1) year from the execution date hereof. The parties agree further to cooperate toward the orderly development of the Spring Valley Acquifer by providing one another reasonable inspection of said•records upon written request of either party hereto. Los Amigos further agrees to monitor on a monthly basis, at its sole expense, the flow of water from Landis Creek and Spring Valley to the Roaring Fork River, such flows being commonly denominated as the "Red Canyon Spill", and to provide written information thereof to CMC. D. Los Amigos hereby agrees to limit its average annual diversions from its wells above identified to the average annual acre-feet diver- sions set forth in the Permits to Construct a Well issued by the Office of the State Engineer. E. It is expressly understood by the parties hereto that injury may occur to the water rights of CMC as a direct result of Los Amigos or other junior appropriators who, as a reult of their groundwater with- drawals over time, cause a lowering of the water table in the Spring Valley Acquifer because the average annual depletions therefrom exceed the average annual recharge rate of the Spring Valley Acquifer. In the event of a lowering of the water table to the injury of CMC, Los Amigos agrees, at its sole expense, to commence and prosecute efforts, in- cluding court action if necessary, designed to curtail diversions by third -party junior appropriators to alleviate the injury to CMC. If such efforts do not result in the alleviation of injury to the water rights of CMC, then CMC may take whatever action is necessary to cause Los Amigos to curtail its diversions from its wells herein described, or take other effective remedial measures to whatever extent necessary to alleviate the injury to CMC. Nothing contained within this paragraph shall be construed to limit in any manner any remedies in law or at equity that CMC may have to avoid injury to the water rights of CMC described herein. F. The Court shall retain jurisdiction of this case, pursuant to CRS 1973, 37-92-304 (6), as amended, for a period of ten (10) years from the entry of decree herein, and CMC shall have the right to reopen these proceedings at any time during said period as often as necessary for reconsideration by the Court of the question of injury to its decreed water rights; provided, however, nothing contained within this paragraph shall impair or limit the rights of CMC set forth in Paragraph E, supra. G. Los Amigos agrees that CMC shall have the right, including, without limitations, for purpose of the implementation of Paragraph E, supra, to make diversions from the CMC Wells 1 thru 4 set forth herein up to the amounts set forth in the individaul decrees for said water rights. H. Los Amigos and CMC agree to enter into good faith negotiations in an attempt to arrive at --but neither is obligated to arrive at --an Agreement designed to permit an interconnection of water facilities of the respective parties for mutualemergency supplies. I. By signing this Stipulation and Agreement, the parties hereto acknowledge and represent to one another that all procedures necessary to validly contract and execute this Stipulation.and Agreement have been performed and that persons signing for each party have been duly authorized to do so. J. This Stipulation and Agreement shall be binding upon and inure to the benefit of the heirs, devisees, legal representatives, successors, and assigns of Los Amigos, and the successors and assigns of CNC. • W-3893 As a result of the Stipulation and Agreement, on January 15, 1980, the application was again referred to the Water Referee by the Water Judge for Water Division No. 5. The Referee does therefore conclude that the above entitled application should be granted and that the point of diversion of Rancho Los Amigos Well No. 6, at the location as described in para- graph 5(b) above, may be used as an alternate point of diversion for thewater previously awarded to Los Amigos Well No. 5 at the location as described in paragraph 5(a) above; provided, however, that the amount of water diverted from Rancho Los Amigos Well No. 6 while operating as an alternate point of diversion, shall not exceed the amount of water physically available for diversion at Los Amigos Well No. 5; and subject to the terms and conditions in the Stipulation and Agreement as set forth in paragraph 9 above. 1 It is accordingly ORDERED that this ruling shall be filed •with tpeyWater Clerk and shall become effective upon such filing, subject, to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy .of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this day of P y , 1980. BY THE REFEREE: 4,„ 30 Wat Referee Wa Division No. 5 State of Colorado, No protest was filed in this matter, and accordingly the fore- going ruling is confirmed and approved, and is made the Judgement and Decree of this Court; provided however, that the approval of this change of water right shall be subject to reconsideration by the Water Judge on the question on injury to the vested rights of others during any hearing commencing in the ten calendar years succeeding the year in which this decision is rendered. Dated , ;u -f Lc /51R) IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Case Nos. W-3873 and W-3893 COPY Oi i^incl Filer % c'() I By Deputy IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF ROBERT W. ) CHATMAS AND. JAMES A. R. JOHNSON ) STIPULATION AND AGREEMENT IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES ) IN GARFIELD COUNTY ) COMES NOW, the Applicants Robert W. Chatmas and James A. R. Johnson (hereinafter "Los Amigos"), by and through their attorneys Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., and the Objector Colorado Mountain Junior College District (hereinafter "CMC"), by and through its attorney James M. Larson; WITNESSETH: WHEREAS, in Case No. W-3873, Los Amigos filed an Application for Water Rights for the Rancho Los Amigos Well No. 6 (hereinafter "Well. No. 6"), to be used to supply water to a residential land development (hereinafter "Los Amigos Ranch P.U.D."); and WHEREAS, in Case No. W-3893, Los Amigos filed an Application for Change of Water Rights for the Los Amigos Well No. 5 (hereinafter "Well No. 5") to make the point of diversion of Well No. 6 an alternate and supplemental point. of diversion for Well No. 5; and WHEREAS, CMC timely filed Statements of Opposition in Case Nos. W-3873 and W-3893; and WHEREAS, CMC currently is the owner of: Colorado Mountain College Well No. 1, .decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-403, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of May 8, 1967; Colorado Mountain College Well No. 2, decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-404, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of May 16, 1972; Colorado Mountain College Well No. 3, decreed absolutely and unconditionally for 0.09 c.f.s. in Case No. W-405, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of March 31, 1967; and Colorado Mountain College Well No. 4, decreed absolutely and unconditionally for 0.22 c.f.s. in Case No. W-406, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of March 1, 1967; and WHEREAS, Los Amigos is the owner of or Applicant for, among others, the following underground water rights: Los Amigos Well No. 5, decreed absolutely and unconditionally for 0.66 c.f.s. in Case No. W-2156, on July 23, 1974, in Garfield County, Colorado, with an appropriation date of August 22, 1963; and Rancho Los Amigos Well No. 6, filed August 31, 1978, and involved herein as Case No. W-3873, Water Division No. 5, State of Colorado; and WHEREAS, the underground water rights owned by CMC, and owned or currently applied for by Los Amigos, as above recited, have as their source of supply the Spring Valley Acquifer, which the parties agree is non -tributary to Cattle Creek; and WHEREAS, the parties hereto wish to provide for the orderly administration of the Spring Valley Acquifer vis-a-vis the parties; and WHEREAS, Los Amigos and CMC have amicably reached a settlement in the above -captioned cases and seek a prompt disposition thereof upon the terms and conditions herein set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree and stipulate •as follows: 1. Upon approval of the terms and conditions of this Stipulation and Agreement by the Court, CMC shall be deemed to consent to the entry of decrees incorporating such terms and conditions by the Court, granting the Application filed in Case No. W-3873 and the Application filed in Case No. W-3893, and shall withdraw its Statements of Opposition thereto. 2. Los Amigos agrees that, anything herein to the contrary notwithstanding, Well No. 5 is and shall have a priority junior to those of Colorado Mountain College Wells Nos. 1 through 4, inclusive (said CMC wells having been adjudicated in Case Nos. W-403 through W-406, as set forth more fully above) . -2- 3. Los Amigos and CMC agree to constantly monitor, and to maintain written records thereof on a monthly basis, concerning the water level and diversions of their respective wells, at each party's own expense, by installing totalizing flow meters or other appropriate measuring devices on each party's respective wells above identified within one (1) year from the execution date hereof. The parties agree further to cooperate toward the orderly development of the Spring Valley Acquifer by providing one another reasonable inspection of said records upon written request of either party hereto. Los Amigos further agrees to monitor on a monthly basis, at its sole expense, the flow of water from Landis Creek and Spring Valley to the Roaring Fork River, such* flows being commonly denominated as the ".Red Canyon Spill," and to provide written information thereof to CMC. 4. Los Amigos hereby agrees to limit its average annual diversions from its wells above identified to the average annual acre-feet diversions set forth in the Permits to Construct a Well issued by the Office of the State Engineer. 5. It is expressly understood by the parties hereto that injury may occur to the water rights of CMC as a direct result of Los Amigos or other junior appropriators who, as a result of their groundwater withdrawals over time, cause a lowering of the water table in the Spring Valley Acquifer because the average annual depletions therefrom exceed the average annual recharge rate of the Spring Valley Acquifer. In the event of a lowering of the water table to the injury of CMC, Los Amigos agrees, at its sole expense, to commence and prosecute efforts, including court action if necessary, designed to curtail diversions by third -party junior appropriators to alleviate the injury to CMC. If such efforts do not result in the alleviation of injury to the water rights of CMC, then CMC may take whatever action is necessary to cause Los Amigos to curtail its diversions from its wells herein described, or take other effective remedial measures to whatever extent necessary to alleviate the injury to CMC. Nothing contained within this paragraph shall be construed to limit in any manner any remedies in law or at equity that CMC may have to avoid injury to the water rights of CMC described herein. -3- 6. The Court shall retain jurisdiction of these cases, pursuant to C.R.S. 1973, 37-92-304(6), as amended, for a period of ten (10) years from the entries of decrees herein, and CMC shall have the right to reopen these proceedings at any time during said period as often as necessary for reconsideration by the Court of the question of injury to its decreed water rights; provided, however, nothing contained within this paragraph shall, -impair or limit the rights of CMC set forth in Paragraph 5, supra. 7. Los Amigos agrees that CMC shall have the right, including, without limitation, for purpose of the implementation of Paragraph 5, supra, to make diversions from the CMC Wells 1 through 4 set forth herein up to the amounts set forth in the individual decrees for. said water rights. 8. Los Amigos and CMC agree to enter into good faith negotiations in an attempt to arrive at --but neither is obligated to arrive at --an Agreement designed to permit an interconnection of water facilities of the respective parties for mutual emergency water supplies. 9. By signing this Stipulation and Agreement, the parties hereto acknowledge and represent to one another that all procedures necessary to validly contract and execute this. Stipulation and Agreement have been performed and that persons signing for each party have been duly authorized to do so. 10. This Stipulation' and Agreement shall be binding upon and inure to the benefit of the heirs, devisees, legal representatives, successors, and assigns of Los Amigos, and the successors and assigns of CMC. WHEREFORE, the • parties have executed this Stipulation and Agreement, in triplicate originals, on the day of 1)-e,e1At+K/L� 1979. MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P. C. Attorneys for Robert W. Chatmas and James A. R. Johnson �atol M JAMES M. LARSON #2603 Attorney for Colorado By Mountain Junior College J.ZY41 %.29, 1011 Grand AVenue P. O. Drawer 2030 Glenwood Springs, C0.81601 Glenwood Springs, CO 81601 PH (303) 945-8659 PH (303) 945-2261 District 719 Grand Avenue P. O. Box 476 F . Leave . Patri -4- 1 IN THE DISTRICT COURT IN AND FdR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3873 IN THE MATTER OF TIIE APPLICATION ) FOR WATER RIGHTS OF ROBERT W. CHATMAS AND JAMES A. R. ) JOHNSON IN THE ROARING FORK RIVER IN GARFIELD COUNTY -1jFILED IN WATER COURT Division Nu. 5 MAY 8 01930 STATE OF. COLORADO WATER CLERK BY DEBUT+ U RULING OF REFEREE The above entitled application was filed on August 31, 1978, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 6th day of September, 1978, and again, after Stipulation, on January 15, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Right Deter- mination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. The statement of opposition has been effectively withdrawn by stipulation between the parties involved. 2. The name of the structure is Rancho Los Amigos Well No. 6. 3. The names of the claimants and address: Robert W. Ch41-Lm5 and Jaynes A.R. Johnson; P.O. Box 2218; Aspen, Colorado. 4. The source of the water is a well having a depth of 300 feet, and being tributary to the Roaring Fork River. 5. The well is located in the NE' SE' of Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the Northeast Corner of said Section 5 bears N. 10°17' E. 2,844 feet. 6. The proposed use of the water is all municipal uses, including, without limitation, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation, recreation, aesthetic, and all other beneficial uses; exchange, substitution, replacement or augmentation; storage for system balance and adjustment in connection with any and all uses proposed herein; however, some of the proposed uses are not recognized benefciai uses of water. 7. The date of initiation of appropriation is July 27, 1978. 8. The amount of water claimed is 0.66 cubic foot of water per second of time, conditional. -1- • , ,W-3873 9. The well has note been completed and the water has not been diverted and applied to beneficial use. 10. On January 25, 1979, Permit'No. 23966-F was issued by the Office of the State En_ineer, subject to the following "conditions of approval": This well shall be used in such a way .as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) The approval of this permit is subject to the approval of a Decree (Case No. W-3873) filed in Water Division No. 5, State of Colorado prior to the use of thi s well. 2) The test data and results of all aquifer test that are conducted on this well, shall be submitted to the Division of Water Resources. 3) This well shall be constructed at least 600 feet from any existing well(s). 4) A totalizing Flow meter must be installed on the well discharge when this water supply is put to beneficia1.use. Diversion records shall be submitted, upon request, to the Division. 5) Average annual appropriation from this well shall not exceed 300 acre-feet. 6) The pumping rate of the well shall be limited to 300 gallons per minute or the actualyield of the aquifer, which- ever is less. 11. On October 31, 1978, a Statement of Opposition was filed by Colorado Mountain Junior College District, and as a result, on November 30, 1978, the application was re-referred by the Water Referee to the Water Judge for Water Division No. 5. 12. On January 7, 1980, the applicant and the objector filed, in Water Court for Water Division No. 5, a Stipulation and Agreement which contained the following pertinent provisions: A. Upon approval of the terms and conditions of this Stipulation and Agreement by the Court, CMC shall be deemed to. consent to the entry of decrees incorporating such terms and conditions by the Court, granting the application' filed in Case No. W-3873, and shall withdraw its Statement of Opposition thereto. B. Los Amigos and CMC agree to constantly monitor, and to maintain written records thereof on a monthly basis, concerning the water level and diversions of their respective wells, at each party's own expense, by installing totalizing flow meters or other appropriate measuring devices on each party's respective wells above identified within one (1) year from the execution date hereof. The parties agree further to cooperate toward the orderly development of the Spring Valley Acquifer by providing one another reasonable inspection of said records upon written request of either party hereto. Los Amigos further agrees to monitor on a monthly basis, at its sole expense, the flow of water from Landis Creek and Spring Valley to the Roaring Fork River, such flows being commonly denominated as the "Red Canyon Spill," and to provide written information thereof to CMC. C. Los Amigos hereby agrees to limit its average annual diversions from this well to the average annual acre-feet diversion set forth in the Permit to Construct a Well issued by the Office of the State Engineer. -2- W-3873 D. It is expressly understood by the parties hereto that injury may occur to the water rights of CMC as a direct result of Los Amigos or other junior appropriate who, as a result of their groundwater withdrawals over time, causo a lowering of the water table in the Spring Valley Acquifer because the average annual depletions therefrom exceed the average annual recharge rate of the Spring Valley Acquifer. In the event of a lowering of the water table to the injury of CMC, Los Amigos agrees, at its sole expense, to commence and prosecute efforts, including court action if necessary, designed to curtail diversions by third -party junior appropriators to alleviate the injury to CMC. If such efforts do not result in the alleviation of injury to the Water Rights of CMC, then CMC may take whatever action is necessary to cause Los Amigos to curtail its diversions from its wells herein described, or take -other effective remedial measures to whatever extent necessary to alleviate the injury to CMC. Nothing contained within this paragraph shall be construed to limit in any manner any remedies in law or at equity that CMC may have to avoid injury to the water rights of CMC described herein. -E. The Court shall retain jurisdiction of this case, pursuant to CRS 1973, 37-92-304(6), as amended, for a period of ten (10) years from the entry of a decree herein, and CMC shall have the right to reopen these proceedings at any time during said period as• often as necessary for reconsideration by the Court of the question of injury to its decreed water rights; provided, however, nothing contained within this paragraph shall impair or limit the rights of CMC set forth in Paragraph D supra. F. Los Amigos agrees that CMC shall have the right, including,, without limitations, for purpose of the implementation of Paragraph D, supra, to make diversions from the CMC Wells 1 thru 4 in the amounts as set forth in the individual decrees for said water rights. G. Los Amigos and CMC agree to enter into good faith negotiations in an attempt to arrive at --but neither is obligated to arrive at --an • Agreement designed to permit an interconnection of water facilities of the respective parties for mutual emergency water supplies. As a result of the Stipulation, the application was again referred to the Water Referee by the Water Judge for Water Division No. 5. The Referee does therefore conclude that the above entitled application should be granted insofar as it is consistent with the terms of the Stipulation 0.66 cubic foot of water as set forth in paragraph 12 above, and that per second of time, not to exceed 300 acre feet of water per year, with appropriation date of July 27, 1978, .is hereby awarded conditionally to Rancho Los Amigos Well No. 6, for municipal, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation, and recreation purposes, provided always 0.66 cubic foot of water per second of time (limited to a maximum with- drawal of 300 acre feet per year) is on the condition that said quantity of water be applied to the above beneficial uses within a reasonable time; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law, and further subject to the "conditions of approval" of • W-3873 the permit as set forth an paragraph 10 above. Application for a quadrennial finding of reasonable diligence shall be filed in May of 1984 and in May of every fourth calendar year thereafter so long as claimant desires to maintain this conditional water right or until a determination has been made that this conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dore at the City of Glenwood Springs, Colorado, this day of /j// jc3 y I , 1980. pros was filed in this The foregoing ruling is coni and approved, and 13 C!;; Jcdc; ;0ni' ! D.,c. e • VinTt= Z'J1gl7C -4- BY TIIE REFEREE: (:2):16 Wateeferee Water Division No. 5 State of Colorado IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 Division No. 5 FILED 1N WATER COURT STATE OF COLORADO Application No. W-3893 IN TILE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ROBERT W. CHATMAS AND JAMES A. R. JOHNSON IN THE ROARING FORK RIVER INpRFIELD COUNTY ) .) RULING OF REFEREE t9AY3 01980 STATE OF COLORADC WATER CLEF:< fJY DEPUTY The above entitled application was filed on September 29, 1978, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 20 th day of October, 1979, and again, after Stipulation, on January 15, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. The statement of opposition has been withdrawn as a result of a Stipulation filed by the applicant and the opposer. 2. The names of the structure involved are (a) Los Amigos Well No. 5, and (b) Ranch Los Amigos Well No. 6. 3. The names of the claimants and address: Robert W. Chalwas and James A.R. Johnson; P.O. Box 2218; Aspen, Colorado. 4. The source of the water for Los Amigos Well No. 5 is a well having a depth of 260 feet. The source of the water for Rancho Los Amigos Well No. 6 is a well having a depth of 300 feet. Both wells are tributary to the Roaring Fork River. 5. (a) Los Amigos Well No. 5 is located in Lot 6, Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the East Quarter Corner of said Section 5 bears N. 41°07'43" E. 974.55 feet. (b) Rancho Los Amigos Well No 6 is located in the NE; SE' of Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the Northe4st Corner of said Section 5 bears N. 10°17' E. 2,844 feet 6. On April 1, 1974, in Case No. W-2156, the Water Referee for Water Division No. 5 awarded to the Los Amigos Well No. 5, an absolute water right for 0.66 cubic foot of water per second of time for municipal, commercial, domestic, and industrial uses, with approp- riation date of August 22, 1963. This Ruling of the Referee was confirmed and made a Decree of the Court on July 23, 1974. -1- W-3893 (a) Simultaneously with this current proceeding, in Case No. W-3873, the Water Referee for Water Division No. 5 awarded to Rancho Los Amigos Well No. 6, a conditional water right for 0.66 cubic foot of water per second of time, with a maximum annual withdrawal of 300 acre feet of water, to be used for municipal, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation, and recreation purposes, with approp- riation date of July 27, 1978. This Ruling of Referee is subject to Judicial review by the Water Judge of Water Division No. 5. 7. On September 29i 1978, the claimant filed, in Water Court for; Water Division No. 5, an application for change of water right in which is is requested that the point of diversion of Rancho Los Amigos Well No. 6, at the location as described in paragraph 5(b) above, be designated as an alternate point of diversion for the water previously awarded to Los Amigos Well No. 5. 8. On November 30, 1978, a Statement of Opposition was filed by Colorado Mountain Junior College District, and as a result, on December 29, 1978, the application was re-referred by the Water Referee to the Water Judge for Water Division No. 5. 9. On January 7, 1980, a Stipulation and Agreement was filed by the applicant and the opposer which contains the following pertinent provisions: WHEREAS, CMC currently is the owner of: Colorado Mountain College Well No. 1, decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-403, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of May 8, 1967; Colorado Mountain College Well No. 2, decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-404, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of May 16, 1972; Colorado Mountain College Well No. 3, decreed absolutely and unconditionally for 0.09 c.f.s. in Case No. W-405, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of March 31, 1967; and Colorado Mountain College. Well No. 4, decreed absolutely and unconditionally for 0.22 c.f.s. in Case No. W-406, on April 18, 1972, in Garfield County, Colorado, with an appropriation date of March 1, 1967; and WHEREAS, the underground water rights owned by CMC, and owned or currently applied for by Los Amigos, as above recited, have as their source of supply the Spring Valley Acquifer, which the parties agree is non -tributary to Cattle Creek; and WHEREAS, the parties hereto wish to provide for the orderly administration of the Spring Valley Acquifer vis-a-vis the parties; and WHEREAS, Los Amigos and CMC have amicably reached a settlement in the above -captioned cases and seek a prompt disposition thereof upon the terms and conditions herein set forth. - NOW, THEREFORE, for an in consideration of the mutual covenants and promises contained herein, the parties agree and stipulate as follows: A. Upon approval of the terms and conditions of this Stipulation and Agreement by the Court, CMC shall be deemed to consent to the entry of decrees incorporating such terms and conditions by the Court, granting the Application filed in Case No. W-3873 and the Application filed in Case No. W-3893, and shall withdraw its Statements of Opposition thereto. B. Los Amigos agrees that, anything herein to the contrary not- withstanding, Well No. 5 is and shall have a priority junior to those of Colorado Mountain College Wells Nos. 1 thru 4, inclusive (said CMC wells having been adjudicated in Case No. W-403 thru W-406, as set forth more fully above). C. Los Amigos and CMC agree to constantly monitor, and to maintain written records thereof on a monthly basis, concerning the water level -2- W-3893 and diversions of their respective wells, at each party's own expense, by installing totalizing flow meters or other appropriate measuring devices on each party's respective wells above identified within one (1) year from the execution date hereof. The parties agree further to cooperate toward the orderly development of the Spring Valley Acquifer by providing one another reasonable inspection of said records upon written request of either party hereto. Los Amigos further agrees to monitor on a monthly basis, at its sole expense, the flow of water from Landis Creek and Spring Valley to the Roaring Fork River, such flows being commonly denominated as the "Red Canyon Spill", and to provide written information thereof to CMC. D. Los Amigos hereby agrees to limit its average annual diversions from its wells above identified to the average annual acre-feet diver- sions set forth in the Permits to Construct a Well issued by the Office of the State Engineer. E. It is expressly understood by the parties hereto that injury may occur to the water rights of CMC as a direct result of Los Amigos or other junior appropriators who, as a reult of their groundwater with- drawals over time, cause a lowering of the water table in the Spring Valley Acquifer because the average annual depletions therefrom exceed the average annual recharge rate of the Spring Valley Acquifer. In the event of a lowering of the water table to the injury of CMC, Los Amigos agrees, at its sole expense, to commence and prosecute efforts, in- cluding court action if necessary, designed to curtail diversions by third -party junior appropriators to alleviate the injury to CMC. If such efforts do not result in the alleviation of injury to the water rights of CMC, then CMC may take whatever action is necessary to cause Los Amigos to curtail its diversions from its wells herein described, or take other effective remedial measures to whatever extent necessary to alleviate the injury to CMC. Nothing contained within this paragraph shall be construed to limit in any manner any remedies in law or at equity that CMC may have to avoid injury to the water rights of CMC described herein. F. The Court shall retain jurisdiction of this case, pursuant to CRS 1973, 37-92-304 (6), as amended, for a period of ten (10) years from the entry of decree herein, and CMC shall have the right to reopen these proceedings at any time during said period as often as necessary for reconsideration by the Court of the question of injury to its decreed water rights; provided, however, nothing contained within this paragraph shall impair or limit the rights of CMC set forth in Paragraph E, supra. G. Los Amigos agrees that CMC shall have the right, including, without limitations, for purpose of the implementation of Paragraph E, supra, to make diversions from the CMC Wells 1 thru 4 set forth herein up to the amounts set forth in the individaul decrees for said water rights. H. Los Amigos and CMC agree to enter into good faith negotiations in an attempt to arrive at --but neither is obligated to arrive at --an Agreement designed to permit an interconnection of water facilities of the respective parties for mutualemergency supplies. I. By signing this Stipulation and Agreement, the parties hereto acknowledge and represent to one another that all procedures necessary to validly contract and execute this Stipulation.and Agreement have been performed and that persons signing for each party have been duly authorized to do so. J. This Stipulation and Agreement shall be binding upon and inure to the benefit of the heirs, devisees, legal representatives, successors, and assigns of Los Amigos, and the successors and assigns of CNC. -3- ..W-3693 As a result of the Stipulation and Agreement, on January 15, 1980, the application was again referred to the Water Referee by the Water Judge for Water Division No. 5. The Referee does therefore conclude that the above entitled application should be granted and that the point of diversion of Rancho Los Amigos Well No. 6, at the location as described in para- graph 5(b) above, may be used as an alternate point of diversion for the water previously awarded. to Los Amigos Well No. 5 at the location as described in paragraph 5(a) above; provided, however, that the amount of water diverted from Rancho Los Amigos Well No. 6 while operating as an alternate point of diversion, shall not exceed the amount of water physically available for diversion at Los Amigos Well No. 5; and subject to the terms and conditions in the Stipulation and Agreement as set forth in paragraph 9 above. 1) It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject, to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. 7t4Done at the City of Glenwood Springs, Colorado, this 30 day of /.14,4',/ , 1980. BY THE REFEREE: 4e, WatReferee Wa Division No. 5 State of Colorado, No protest was filed in this matter, and accordingly the fore- going ruling is confirmed and approved, and is made the Judgement and Decree of this Court; provided however, that the approval of this change of water right shall be subject to reconsideration by the Water Judge on the question on injury to the vested rights of others during any hearing commencing in the ten calendar years succeeding the year in which this decision is rendered. Dated ,�{u�- Lc. /SA y, -4-