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HomeMy WebLinkAboutEx 30 - Houpt EmailExhibit 3o 1 Houpt Email - Proof of Water Rights for Spring Lake Springs Ranch Filing 2 Final Plat Application April 2018 Tim Malloy From: Jeff Houpt <jhoupt@bch-law.com> Sent: Tuesday, April 3, 2018 6:52 PM To: Tim Malloy Subject: Lake Springs Ranch Spring Attachments: Aerial image -Lake Springs Ranch Spg.pdf; SSR -Lake Springs R Spg.pdf; W-3571.3572.3573.3574.3997-Decree-Final.pdf; 01CW305-Decree-Part 1 of 2-12.12.11.pdf; 18 -01 -07 -Decree of the Water Court -Signed 01-07-18.pdf Tim: This will provide you with an explanation of the status of the legal water supply for the cabin. It is based on our assumption that the cabin is supplied from Lake Springs Ranch Spring. The Division of Water Resources plots the location of this spring as shown on the attached aerial image. I believe we have the correct spring because the DWR's Structure Summary Report (attached) identifies this spring as supplying water for "domestic for guest house." Also, attached to the decree is Case No 17CW3097 is a map prepared by Zancanella and Associates that identifies the location of the spring at the east end of the lake (a more likely actual location of the spring, and one which would be more convenient for connection to the cabin). The conditional water right for Lake Springs Ranch Spring was originally decreed in Case No. W-3572 (copy attached). The decree in that case was part of a decree in multiple related cases that included this spring and several wells that would operate pursuant to an augmentation plan to supply water for domestic and other uses within a development of 220 homes proposed by Foster Petroleum. To my knowledge, that augmentation plan has never been implemented. Instead, Lake Springs Ranch Spring operates pursuant to a water allotment contract with the Basalt Water Conservancy District. The District's augmentation plan approved in Case No. 01CW305 (copy attached) incorporates a large number of structures; Lake Springs Ranch Spring appears on page 16 of that decree. As reflected in the decree recently entered in Case No. 17CW3097, the conditional water right for Lake Springs Ranch Spring remains valid and authorizes the use of up to 0.44 cfs from the spring for domestic and other uses. Let me know if you need any additional information about this, Tim. Jedi Jefferson V. Houpt Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 (970) 945-8659 phone (970) 945-8671 fax Email: jhoupt@bch-law.com CONFIDENTIALITY NOTICE: This message may contain or attach confidential or privileged information. Any disclosure, use or retention of this message and any attachments by unintended recipients is unauthorized. 1 Structure Summary Report State of Colorado ATTACHMENT B HydroBase Structure Name: LAKE SPRINGS RANCH SPG Water District: 38 Structure ID Number: 1313 Source: Red Canyon Location: Q10 Q40 0160 Section Twnshp Range PM SW SW SE 33 6S 88W S Distance From Section Lines: From N/S Line: From E/W Line: UTM Coordinates (NAD 83): Northing (UTM y): 4372848 Easting (UTM x): 308523 Spotted from PLSS distances from section lines Latitude/Longitude (decimal degrees): 39.483935 -107.226405 Water Rights Summary: Total Decreed Rate(s) (CFS): Total Decreed Volume(s) (AF): Absolute: 0.0000 Conditional: 0.4500 AP/EX: 0.0000 Absolute: 0.0000 Conditional: 0.0000 AP/EX: 0.0000 Water Rights -- Transactions Case Adjudication Appropriation Administration Order Priority Decreed Adjudication Number Date Date Number Number Number Amount Type Uses Action Comment 01CW0305 2001-12-31 W3572 1977-12-31 1977-09-09 39291.00000 0 46638.00000 0 Adjudication Appropriation Administration Date Date Number 0.1666 C 8P12964 BWCD CONTRACT #292; LIM TO 66 AF FOR 6 0.4500 C S,C 12789 SPRING VALLEY AMTS CHANGED IN AMENDED RULING Water Rights -- Net Amounts Priority/Case Rate (CFS) Volume (Acre -Feet) Order Number Number Absolute Conditional AP/EX Absolute Conditional AP/EX 1977-12-31 1977-09-09 46638.00000 0 Irrigated Acres Summary -- Totals From Various Sources 0 0.4500 0 GIS Total (Acres): Diversion Comments Total (Acres): Structure Total (Acres): 0 Reported: Reported: 2000 Reported: Irrigated Acres From GIS Data Year Land Use Acres Flood Acres Furrow Acres Sprinkler Acres Drip Acres Groundwater Acres Total No data available for this report Diversion Summary in Acre -Feet - Total Water Through Structure Year FDU LDU DWC Maxq & Day Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Total 1985 2 1994 1 1995 1 1996 1 1997 1 1998 1 1999 1 2000 1 2001 1 Minimum: 1 Maximum: 2 Average: 1 9.00 years with diversion records Notes: The average considers all years with diversion records, even if no water is diverted. The above summary lists total monthly diversions. * = Infrequent Diversion Record. All other values are derived from daily records. Average values include infrequent data if infrequent data are the only data for the year. Report Date: 2018-04-03 Page 1 of 2 HydroBase Refresh Date: 2018-02-19 IYR NUC Code Acres Irrigated Diversion Comments Comment 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Water taken but no data available Water taken but no data available No information available No information available No information available No information available No information available No information available Water taken in another structure Water taken in another structure Water taken in another structure No information available Water taken in another structure No information available No information available No information available No information available No information available No information available No information available No information available No information available No information available No information available 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DOMESTIC FOR GUEST HOUSE DOMESTIC FOR GUEST HOUSE DOMESTIC FOR GUEST HOUSE DOMESTIC FOR GUEST HOUSE DOMESTIC FOR GUEST HOUSE DOMESTIC FOR GUEST HOUSE DOMESTIC FOR GUEST HOUSE DOMESTIC FOR GUEST HOUSE BWCD SSP; CONTRACT 292 BWCD SSP; CONTRACT 292 BWCD SSP; CONTRACT 292 BWCD CONTRACT 292 BWCD SSP, CONTRACT 292 BWCD CONTRACT 292 Note: Diversion comments and reservoir comments may be shown for a structure, if both are available. Report Date: 2018-04-03 Page 2 of 2 HydroBase Refresh Date: 2018-02-19 ATTACHMENT C DISTRICT COURT, GARFIELD (GLENWOOD SPRINGS) COUNTY, COLORADO Court Address: 109 8th Street, Ste. 104, Glenwood Springs, CO, 81601 DATE FILED: January 7, 2018 1:42 PM CASE NUMBER: In the Interest of: MICHAEL E BERKELEY 2017CW3097 L COURT USE ONLY 0 Case Number: 2017CW3097 Division: E Courtroom: Decree: Decree of the Water Court The motion/proposed order attached hereto: GRANTED. Any request for a future finding of reasonable diligence shall be filed in January 2024. Issue Date: 1/7/2018 JAMES BERKLEY BOYD District Court Judge Pagel oft DISTRICT COURT, WATER DIVISION 5, STATE OF COLORADO Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 (970) 928-3065 ).)()) ,,A e e\C) ♦ COURT USE ONLY CONCERNING THE APPLICATION FOR WATER RIGHTS OF: MICHAEL E. BERKELEY, in the Roaring Fork River, in Garfield County, Colorado. e �S, hf ('1 Case Number: 17CW3097 (89CW41, 95CW79, 95CW79A, 02CW288, 05CW47, 09CW100) FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE AND DECREE OF THE WATER COURT The Application in this case was filed on April 28, 2017 ("Application"), and was referred to the Water Referee for Water Division 5, State of Colorado, by the Water Judge of this Court in accordance with C.R.S. §§ 37-92-101, et seq., known as the Water Right Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the Application are true, and having been fully advised of the subject matter of the Application, does hereby make the following determination and Ruling as the Referee in this matter: FINDINGS OF FACT 1. Application. The statements in the Application are true, except as may be otherwise stated herein. 2. Applicant. Name and mailing address of Applicant: Michael E. Berkeley 1302 Waugh Drive #684 Houston, TX 77019 District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 2 of 10 With copies to: Jefferson V. Houpt Ryan M. Jarvis Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 jhoupt@bch-law.com rjarvis@bch-law.com (970) 945-8659 3. Notice and Jurisdiction. Timely and adequate notice of the pendecy of these proceedings has been given in the manner required by C.R.S. § 37-92-302(3). Applicant filed his Application for Findings of Reasonable Diligence on April 28, 2017. The Application was properly published in the resume for Water Division 5 and newspapers of general circulation as identified by the Court. The Court has jurisdiction over the Application and over all entities or persons who had standing to appear even though they did not do so. 4. Opposition. No Statements of Opposition were filed in this matter, and the time for filing Statements of Opposition has expi et1 5. Report of the Division Engineer/Summary of Consultation. The Court has given due consideration to the Report of the Division Engineer/Summary of Consultation dated July 13, 2017, and Applicant's Response to the Report of the Division Engineer/Summary of Consultation dated November 20, 2017. 6. First Claim; Finding of Reasonable Diligence. The Applicant requested a finding of reasonable diligence for the conditional water right described as follows: A. Name of structure: Lake Springs Ranch Spring. cio \yriginal decree: Case No. W-3572 (consolidated with W-3571, W-3573, W-3574 and W-3997), entered on June 4, 1981, by the District Court in and for Water Division 5. C. Subsequent decrees: Case Nos. 89CW41, 95CW79, 02CW288 and 09CW100, by the District Court in and for Water Division 5. D. Location: SW'/4SE'/4 of Section 33, Township 6 South, Range 88 West of the 6th P.M., at a point whence the SE corner of said Section 33 bears S. 77°00' E. 2,030 feet. This location may also be described as being in the SW'/4SE'/4 (also known as Government Lot 23) of Section 33, Township 6 South, Range 88 West of the 6th P.M., at a point which is 420 feet from the South section line and 1,990 feet from the East section line. This point is depicted on the location map attached hereto as Exhibit A. District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 3 of 10 E. Source: A spring tributary to Spring Valley, tributary to the Roaring Fork River, tributary to the Colorado River. F. Appropriation date: September 9, 1977. G. Amount: 0.45 c.f.s., conditional. H. Uses: Irrigation, municipal, domestic, fire protection, and livestock watering purposes. I. Owner o land upon which the structure is or will be lobated: BerkeleyFamily P Limited Partnership, 1302 Waugh Drive #684, Houston, TX 77019. J. Remarks: This water right operates pursuant to the plan for augmentation decreed in Case No. W-3571. 7. Second Claim; Finding of Reasonable Diligence. The Applicant requested a finding of reasonable diligence for the conditionalyrpter right described as follows: A. Name of structure: Lake Springs Ranch Well A. B. Original decree: Case No. W-3573 (consolidated with W-3571, W-3572, W-3574 and W-3997), enter41 ory June 4, 1981, by the District Court in and for Water Division 5. C. Subsequent decrees: Case Nos. 89CW41, 95CW78, 95CW79, 02CW288 and 09CW 100, b the District Court in and for Water Division 5. D. Location: SW'/4NW'/4 of Section 33, Township 6 South, Range 88 West of the 6t1 P.M., at a point whence the SE corner of said Section 33 bears S. 59°00' E. 5,730 )M feet. This location may also be described as being in the SW'/4NW'/4 (also known as Government Lot 7) of Section 33, Township 6 South, Range 88 West of the 6th /7* P.M., at a point which is 2,290 feet from the North section line and 280 feet from the West section line. This point is depicted on the location map attached hereto as Exhibit A. E. Source: Groundwater tributary to Spring Valley, tributary to the Roaring Fork River, tributary to the Colorado River. F. Appropriation date: September 9, 1977. G. Amount: 0.45 c.f.s., conditional. H. Uses: Irrigation, municipal, domestic, fire protection, and livestock watering purposes. District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 4 of 10 I. Depth: 200 feet. J. Owner of land upon which the structure is or will be located: Berkeley Family Limited Partnership, 1302 Waugh Drive #684, Houston, TX 77019. C K. Remarks: This water right operates pursuant to the plan for augmentation decreed in Case No. W-3571. 8. Third Claim; Finding of Reasonable Diligence. The Applicant requested a finding of reasonable diligence for the conditional water right described as follows: A. Name of structure: Lake Springs Ranch Well Br,� B. Original decree: Case No. W-3574 (consolidated with W-3571, W-3572, W-3573 and W-3997), entered on June 4, 1981, by the District Court in and for Water Division 5. C. Subsequent decrees: Case Nos. 89CW41, 95CW78, 95CW79, 02CW288 and 09CW 100, by the District Court in and for Water Division 5. D. Location: NW'/4SW'/4 of Section 33, Township 6 South, Range 88 West of the 6th P.M., at a point whence the SE corner of said Section 33 bears S. 64°00' E. 5,180 feet. This location may also be described as being in the NW'/4SW1/4 (also known as Government Lot 10) of Section 33, Township 6 South, Range 88 West of the 6th P.M., at a point which is 2,150 feet from the South section line and 550 feet from the West section line. This point is depicted on the location map attached herto as Exhibit A. NCV E. Source: Groundwater tributary to Spring Valley, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: September 9, 1977. G. Amount: 0.45 c.f.s., conditional. H. Uses: Irrigation, municipal, domestic, fire protection, and livestock watering purposes. I. Depth: 200 feet. J. Owner of land upon which the structure is or will be located: Berkeley Family Limited Partnership, 1302 Waugh Drive #684, Houston, TX 77019. District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 5 of 10 K. Remarks: This water right operates pursuant to the plan for augmentation decreed in Case No. W-3571. 9. Fourth Claim; Finding of Reasonable Diligence. The Applicant requested a finding of reasonable diligence for the conditional water right described as follows: A. Name of structure: Lake Springs Ranch Well C. 4') B. Original decree: Case No. W-3997 (consolidated with W-3571, W-3572, W-3573 and W-3574), entered on June 4, 1981, by the District Court in and for Water Division 5. r` C. Subsequent decrees: Case Nos. 89CW41, 95CW78,�95CW79, 02CW288 and 09CW 100, by the District Court in and for Water Division 5. D. Location: NE'/4SW'/4 of Section 33, Township 6 South, Range 88 West of the 6th P.M., at a point which is 1,380 feet from the South section line and 1,520 feet from the West section line. This point is depicted on the location map attached hereto as Exhibit A. E. Source: Groundwater tributary to Spring Valley, tributary to the Roaring Fork River, tributary to the Colorado River. F. Appropriation date: December 19, 1978. G. Amount: 0.45 c.f.s., conditional. H. Uses: Irrigation, municipal, domestic, fire protection, and livestock watering purposes. _ Cir I. Depth: 200 feet. Owner of land upon which the structure is or will be located: Berkeley Family Limited Partnership, 1302 Waugh Drive #684, Houston, TX 77019. K. Remarks: This water right operates pursuant to the plan for augmentation decreed in Case No. W-3571. 10. Fifth Claim; Finding of Reasonable Diligence. The Applicant requested a finding of reasonable diligence for the conditional water right described as follows: A. Name of structure: Lake Springs Ranch Well D. B. Original decree: Case No. 95CW79A, entered on March 27, 1999, by the District Court in and for Water Division 5. District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 6 of 10 C. Subsequent decrees: Case Nos. 95CW78, 05CW47 and 09CW100, by the District Court in and for Water Division 5. D. Location: SE1/4SE1/4 of Section 33, Township 6 South, Range 88 West of the 6th P.M., at a point which is 650 feet from the South section line and 150 feet from the East section line. This point is depicted on the location map attached hereto as Exhibit A. E. Source: Aquifer, tributary to Spring Valley, tributary t -ie Roaring Fork River, tributary to the Colorado River. f `` F. Appropriation date: June 23, 1995. O G. Amount: 150 g.p.m., conditional. % H. Uses: Irrigation of approximately 80 acres of land (located in the SE'/4, Section 33, Township 6 South, Range 88 West of the 6th P.M.), domestic, livestock, watering, municipal, and fire protection. I. Depth: 320 feet. n J. Owner of land upon which the structure is or will be located: Berkeley Family Limited Partnership, 1302 Waugh Drive #684, Houston, TX 77019. K. Remarks: This water right is operated in conjunction with the Basalt Water Conservancy District Contract No. 292. 11. Municipal. Pursuant to previous decree, to the extent the subject conditional water rights are made absolute in the future for municipal purposes, only an entity authorized to provide water for municipal uses may claim that the subject conditional water rights has been made absolute for municipal purposes. 12. Reasonable Diligence. The Application requests a finding that Applicant has exercised reasonable diligence in the development of the conditional water rights awarded to Lake Springs Ranch Spring, Lake Springs Ranch Well A, Lake Springs Ranch Well B, Lake Springs Ranch Well C, and Lake Springs Ranch Well D. The Referee finds that the work and expenditures described in the Application constitute reasonable diligence in the development of the subject conditional water rights and the Application should be granted. 13. Integrated System. The subject conditional water rights are intended to provide a water supply for a planned unit development approved by Garfield County known as Lake Springs Ranch, which contemplates a mixture of single family and multi -family residences, a commercial sod farm with a retail sales facility, and related facilities. As District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 7 of 10 decreed in Case Nos. 02CW288, 05CW47 and 09CW100, the subject conditional water rights are components of an integrated water supply system (including a number of wells, an augmentation plan, and other water supply plans). CONCLUSIONS OF LAW (1— 1 Based upon and fully incorporating the Findings of Fact set forth above, the Court concludes as a matter of law that: 14. Notice. All notices required by law have been properly made, including as required under \gm.- 15. Personal and Subject Matter Jurisdiction. The Court has jurisdiction over the Application and over all entities or persons who had standing to appear, even though they did not do so. C.R.S. §§ 37-92-301(2) and -303(1). C.R.S. § 37-92-302(3). 16. Application Complete. The Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969. C.R.S. §§ 37-92-101, et seq. �Vv /1 17. Authority of Approval. The Court has authority to approve the findings of reasonable diligence requested in the Application. C.R.S. §§ 37-92-301(2), -302 and -303(1). Li 18. Measure of Diligence. The measure of diligence is the steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. C.R.S. § 37-92-301(4)(b). 19. Relevant Factors. The Court may consider all relevant factors in determining whether the holder of a conditional water right has exercised reasonable diligence in the development of the appropriation. Trans County Water, Inc. v. Central Colo. Water Conservancy Dist., 727 P.2d 60, 64 (Colo. 1986). The factors a court considers under the "can and will" requirement in diligence proceedings include, but are not limited to: 1) economic feasibility; 2) status of requisite permit applications and other required governmental approvals; 3) expenditures made to develop the appropriation; 4) ongoing conduct of engineering and environmental studies; 5) design and construction of facilities; and 6) nature and extent of land holding and contracts demonstrating the water demand and beneficial uses which the conditional right is to serve when perfected. Pagosa Area Water and Sanitation Dist. v. Trout Unlimited, 170 P.3d 307, 316 (Colo. 2007). 20. Required Proof. A finding of diligence requires proving an intention to use the water, coupled with concrete actions amounting to diligent efforts to finalize the intended appropriation. Upper Gunnison River Water Conservancy Dist. v. Bd. of Cnty. Comm'rs of the City of Arapahoe, 841 P.2d 1061, 1065 (Colo. 1992); Colorado River Water Conservation Dist. v. City and Cnty. of Denver, 640 P.2d 1139, 1142 (Colo. 1982). District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 8 of 10 21. Integrated System. Pursuant to C.R.S. § 37-92-301(4)(b), "when a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system." Where work on a component of a system is "necessary to the ultimate goal of putting the water to beneficial use, it is considered part of the integrated system." Metro. Suburban Water Users Ass'n v. Colo. River Water Conservation Dist., 365 P.2d 273, 289 (Colo. 1961). Each of the subject rights, therefore, should be considered an integrated component of the whole, and work on any one of these rights should be considered in finding that reasonable diligence has been shown in the development of all of these rights. 22. Requirements for Decree Fulfilled. The Applicant has fulfilled all legal requirements for a decree for the requested findings of reasonable diligence. RULING OF THE REFEREE 23. Findings and Conclusions Incorporated. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein by reference and are hereby modified as necessary to constitute part of the Ruling of the Referee and final Decree of the Water Court. 24. Diligence. The Application of Michael E. Berkeley for finding of reasonable diligence with respect to Lake Spring Ranch Spring is granted and that conditional water right is continued in full force and effect in the amount of 0.45 c.f.s. for irrigation, municipal, domestic, fire protection;1 and livestock watering purposes. 25. Diligence. The Application of Michael E. Berkeley for finding of reasonable diligence with respect to Lake Spring Ranch Well A is granted and that conditional water right is continued in full force and effect in the amount of 0.45 c.f.s. for irrigation, municipal, domestic, fire protection, and livestock watering purposes. CJy 26. Diligence. The Application of Michael E. Berkeley for finding of reasonable diligence with respect to Lake Spring Ranch Well B is granted and that conditional water right is continued in full force and effect in the amount of 0.45 c.f.s. for irrigation, municipal, domestic, fire protection, and livestock watering purposes. 27. Diligence. The Application of Michael E. Berkeley for finding of reasonable diligence with respect to Lake Spring Ranch Well C is granted and that conditional water right is continued in full force and effect in the amount of 0.45 c.f.s. for irrigation, municipal, domestic, fire protection, and livestock watering purposes. 28. Diligence. The Application of Michael E. Berkeley for finding of reasonable diligence with respect to Lake Spring Ranch Well D is granted and that conditional water right is continued in full force and effect in the amount of 150 g.p.m. for irrigation of approximately 80 acres of land (located in the SEA, Section 33, Township 6 South, District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 9 of 10 Range 88 West of the 6th P.M.), domestic, livestock, watering, municipal, and fire protection. 29. Future Diligence Filing. Should the Applicant desire to maintain the conditional water rights confirmed herein, an Application for Findings of Reasonable Diligence shall be filed in the same month of the sixth calendar year following entry of this decree, unless a determination has been made that such conditional rights have been made absolute by reason of the completion of the appropriation, or is otherwise disposed of. 30. Rule 9. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional water rights decreed herein, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: l� 7 A. The title and case number of this Case No. 17CW3097; B. The description of the conditional water right transferred; C. The name of the transferor; D. The name and mailing address of te4ransferee; and E. A copy of the recorded deed. The owner of said conditional water right 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 of this Case No. 17CW3097 and in the case file (if any) in which the Court first made a finding of reasonable diligence. A copy of the Ruling shall be filed with the Division Engineer for Water Division 5 and with the State Engineers. c)„ It is further ORDERED that this Ruling shall be filed with the Water Clerk, subject to judicial review. e§j this 12th day of December, 2017. BY THE REFEREE Susan M. Ryan, Water Referee Division 5, Water Court District Court, Water Division 5 Case No. 17CW3097; Michael E. Berkeley Findings of Facts, Conclusions of Law, Ruling of the Referee and Decree of the Water Court Page 10 of 10 DECREE OF THE WATER COURT No protest was filed in this matter, and accordingly, the foregoing Ruling of the Referee is confirmed and approved, and is made the Decree of the Water Court. The conditional water rights described herein shall be in full force and effect until the end of the month six years from the date of this Order. If the Applicant wishes to maintain the conditional water rights thereafter, Applicant shall file an application for findings of reasonable diligence on or before that date, or make a showing on or before then that the conditional water rights have become absolute water rights by reason of the completion of the appropriation. SO ORDERED this day of BY THE COUlei) Water Judge, Water Division 5 State of Colorado O , 20 Township 6S 88W r ' • • c DATE FILED: November 20, 2017 1:05 PM Well A ti Lake S•rin•s Property Boundary ti Well B 0 Spring NOTES: Background - USGS Topo w/ hillshade, 40 ft contours. Property Boundary - Garfield County Parcel Data. DATE: 19 AUG 2009 MAP TITLE: Township • 7S 88W 4-- • General Location Map DRAWN BY: SCR CHECKED BY: TAZ APPROVED BY: Feet o ,000 2,O . CLIENT: Michael Berkeley x.40a Ta, ,r.c- b+aetmwa Caresuisaierr POST OFFFICE BOX 1908 - 1011 GRAND AVENUE CLENWOOD SPRINGS, COLORADO 81603 (970) 9.1 -$700 EXI-IIB IT: PROJECT: 97407 ATTACHMENT D IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3571, W- 3572, W--3573-, W-3574, and W-3997, consolidated cases. IN THE :LATTER OF THE APPLICATION ) FOR WATER RIGHTS OF ) FOSTER PETROLEUM CORPORATION ) IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES ) TRIBUTARY INVOLVED: SPRING VALLEY ) IN GARFIELD COUNTY ) RULING OF REFEREE Applications No. W-3571, t'-3572, W-3573 and W-3574 Were simultaneously filed on December 6, 1977, and were referred to the Water �eferee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 13th day of January, 1978, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Right Determination and Administration Act of 1969. Application No. W-3997 and Amended Application No. W-3571 were filed on December 29, 1973, and were referred to the Prater Referee on January 11, 1979. All of the above applications were consolidated into Case No. W-3571 upon Motion of the Applicant, by consent of the Opponents, and upon Order of the Court. `n the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the applications, and the amended application, are true and having become fully advised with respect to the subject matter of the applications, and the amenc'-ed application, does hereby make the following determination and Ruling as the Referee in this matter, to --wit: 4c-3572 This is on application for water right for Lake Springs Ranch Spring. 1. The statements in the application are true. 2. -The name and address. of the claimant is Foster Petroleum Corporation; P.O. fax 698; Carbondale, Colorado. _1_ W-3571, W-3572, W-3573, W-3574, W-3997 3. The source of the water is a spring tributary to Spring Valley, tributary to the Roaring Fork River. 4. The spring is located in the SW6.;SE4 of Section 33, 1% T. 6 5., R. 88 W. of the 6th P.M. at a point whence the South . Corner of said Section 33 bears S. 77000' E. 2,030 feet. 5. The use of the water is irrigation, municipal, domestic, fire protection and livestock water. 6. The date of initiation of appropriation is September 9, 1977. 7. The amount of water claimed is 0.44 cubic foot of water per second of time, conditional. 8. The water' has not yet been applied to the above beneficial use. 9. The water from this spring will be used in the central water supply system for Lake Springs Ranch Development. 10. A Statement of Opposition was timely filed by Union Oil Company of California, and on March 20, 1978, the application was re-referred by the Plater Referee to the Water Judge for Water Division No. 5. 11. The Applicant and the Objector filed a Stipulation in the Counsolidated Case W-3571, permitting the case to proceed. Said Stipulation appears in and is a part of this Ruling of Referee. On August 19, 1980, the Consolidated Case was again referred to the Crater 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 0.44 cubic foot of water per second of time with appropriation date of September -9, 1977, is hereby awarded conditionally to Lake Springs Ranch Spring for irrigation, municipal, domestic, fire protection and livestock water purposes, provided always that said 0.44 cubic foot of water per second of time is on the condition that said quantity of water be applied to a beneficial use 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 prior- ities and changes of rights in accordance with law. Application for a quadrennial finding of reasonable diligence shall be filed in (larch of 1985 and in March 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. W-3571, W-3572, W-3573, W-3574, W-3997 W-3573 This is an application for water right for Lake Springs Ranch Well A. 1. The statements in the application are true. 2. The source of the water is a well having a depth of 200 feet, and being tributary to Spring Valley, tributary to the Roaring Fork River. 3. The well 'is located in the SWyNWl of Section 33, T. 6 S., R. 89 W. of the 6th P.M. at a point whence the Southeast Corner of said Section 33 bears S. 59000' E. 5,730 feet. 4. The use of the water is irrigation, municipal, domestic, fire protection and livestock water. 5. The date of initiation of appropriation is September 9, 1977. 6. The amount of water claimed is 0.44 cubic foot of water per second of time, conditional. 7. On April 2, 1979, Permit No. 24099-F was issued by the Office of the State Engineer, subject to the following "conditions of approval": This well shall be used in such a way as to cause no material injury to existign 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) A decree for this appropriation must be obtained from the Division Water Court. This approval is subject to the issuance of the decree. 2) The results of the aquifer tests run on these wells shall be forwarded to the division of water resources. 3) A totalizing flow meter shall be installed on the well discharge or a common discharge when the water supply is put to beneficial use. Diversion records shall be submitted, upon request, to the division of water resources. 4) The pumping rate of this well shall he limited to 200 gallons per minute or the actual yield of the aquifer, whichever is less. 5) The annual appropriation of this well and well Nos. 24100-F and 24101-F shall be limited to a total of 300 acre feet per year. 0. The well has not been completed and the water has not been applied to beneficial use. 9. The water fra'm this well will be used in the central water supply system for the Lake Springs Ranch Development. 10. A Statement of Opposition was timely filed by Union Oil Company of California, and on March 20, 1978, the application was re-referred by the Water Referee to the Water Judge for Water Division No. 5. 11. The Applicant and the Objector filed a Stipulation in the Consolidated Case No. W-3571, permitting the case to proceed. W-3571, W-3572, W-3573, W-3574, W-3997 Said Stipulation appears in and is part of this Ruling of Referee. On August 19, 1980, the Consolidated Case 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 0.44 cubic foot of water per second of time with appropriation date of September 9, 1977, is hereby awarded conditionally to Lake Springs Ranch Well A, for irrigation, municipal, domestic, fire protection and livestock water purposes, provided always that said 0.44 cubic foot of water per second of time is on the condition that said quantity of water be applied to a beneficial use 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 the drilling permit as set forth in paragraph 7 above. Application for a quadrennial finding of reasonable diligence. shall be filed in March of 1985 and in /larch 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. W-3574 This is an application for water right for. Lake Springs Ranch Well R. 1. The statements in the application are true. 2. The source of the water is a well havine a depth of 200 feet, and being tributary to Spring Valley, tributary to the Roaring Fork River. 3. The well is located in the 8%1 SW4 of Section 33, T. 6 S., R. 68 W. of the 6th P.M. at a point whence the Southeast Corner of said Section 33 bears S. 64000' E. 5,180 feet. 4. The use of the water is irrigation, municipal, domestic, fire protection and livestock water. 5. The date of initiation of appropriation is September 9, 1977. 6. The amount of water claimed is 0.44 cubic foot of water per second of time, conditional. 7. On April 2, 1979, Permit No. 24100-P was issued by the W-3571, W-3572, W-3573, NJ -3574, W-3997. Office of the State Engineer, 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) A decree for this appropriation must be obtained from the the Division Plater Court. This approval is subject the issuance of the decree. 2) The results of the Aquifer tests run on these wells shall be forwarded to the Division of Water Resources. 3) A totalizing flow meter shall be installed on the well discharge or a common discharge when the water supply is put to beneficial use. Diversion records shall be submitted, upon request to the Division of Water Resources. 4) The pumping rate of this well shall be limited to 200 gallons per minute or the actual yield of the aquifer, whichever is less. 5) The annual appropriation of this well andPellNos. 24099-P and 24101-P shall be limted to a total of 300 acre feet per year. 8. The well has not been completed and the water has not yet been applied to beneficial use. 9. The water from this well will be used in the central water supply system for the Lake Springs Ranch Development. 10. A Statement of Opposition was timely filed by the Union Oil Company of California and on March 20, 1978, the application was re-referred by the Water Referee to the Water Judge for Water Division Mo. 5. 11. The Applicant and the Objector filed a stipulation in the Consolidated Case No. W-3571, permitting the application to proceed. Said Stipulation appears in and is part of this Ruling of Referee. On August 19, 1980, the Consolidated Case 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 0.44 cubic foot of water per second of time with appropriation date of September 9, 1977, is hereby awarded conditionally to Lake Springs Ranch Well I3, for irrigation, municipal, domestic, fire protection and livestock water purposes, provided always that said 0.44 cubic foot of water per second of time is on the condition that said quantity of water be applied to a beneficial use 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 prior- ities and changes of rights in accordance with law, and further W-3571, W-3572, W-3753, W-3574, W-3997 subject to the "conditions of approval" of the drilling permit as set forth in paragraph 7 above. Application for a quadrennial finding of reasonable diligence shall be filed in March of 1985 and in March 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. W-3997 This is an application for water right for Lake Springs Ranch Pell C. The statements in the application are true. 2. The source of the water is a well having a depth of 200 feet, and being tributary to Spring Valley, tributary to the Roaring Fork River. 3 The well is located in the NASWI of Section 33, T. 6 S., R. 83 W. of the 6th P.M. at a point whence the Southeast Corner of said Section 33 bears S. 70°00' E. 4,700 feet. _. The use of the water is irrigation, municipal, domestic, fire Protection and livestock water. 5. The date of initiation of appropriation is December 19, 1978. 6. The amount of water claimed is 0.44 cubic foot of water per second of time, conditional. 7. On April 2, 1979, Permit No. 24101-F was issued by the Office of the State Engineer, 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) A decree for this appropriation must be obtained from the Division Water Court. This approval is subject to the issuance of the decree. 2) The results of the Aquifer tests run on these wells shall be forwarded to the Division of Water Resources. 3) \ totalizing flow meter shall be installed on the well discharge or a common discharge when the water supply is put to beneficial use. Diversion records shall be submitted, upon request, to the Division of Water Resources. 4) The pumping rate of this well shall be limited to 200 gallons per minute or the actural yield or the aquifer, whichever is less. 3) The annual appropriation of this well and well Nos. 24099-F and 24100-F shall be limited to a total -of 300 acre feet per year. 11-3571, W-3572, W-3573, W-3574, W-3997 3. The well has not been completed and the water has not been applied to beneficial use. 9. The water from this well will be used in the central water supply system for the Lake Springs Ranch Development. The Referee does therefore conclude that the above- ntitled application should be granted and that 0.44 cubic foot of water per second of time with appropriation date of December 19, 1970, is hereby awarded conditionally to Lake Springs Ranch Well C., for irrigation, municipal, domestic, fire protection, and livestock water purposes, provided always that said 0.44 cubic foot of water per second of time in on the condition that said quantity of water be applied to a beneficial use 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 aproval" of the permit as set forth in paragraph 7 above. Application for a quadrennial finding of reasonable diligence shall be filed in March of 1985 and in March 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 richt by reason of the completion of the appropriation. W-3571 This application is an application for change of water right and for approval of plan for augmentation. 1. The statements in the amended application are true. 2. The name and address of the applicant is Foster Petroleum Corporation; P. 0. Box 698; Carbondale, Colorado. 3. The applicant has been awarded in this Consolidated Case, conditional water rights to Lake Springs Ranch Spring, to Lake Springs Ranch Well A,. to Lake Springs Ranch Well B., and Lake Springs Ranch Well C, at the locations, and in the quantities as previously set forth herein. 4. The applicant is also the owner of the following water rights: W-3571, W-3572, W-3573, W-3574, 11-3997 Name of Ditch Amount Priority No. Van Cleve No. 1 1.4 45 Van Cleve No. 2 0.9 46 Van Cleve No, 2, First Enlargement 2.0 121 5.(a) The point of diversion of the Van Cleve No. 1 Ditch, as decreed, is located on the South side of a spring in Section 33, T. 6 5., R. 88 11. of the 6th P.M. (b) The point of diversion of the Van Cleve No. 2 Ditch is located on the Southeast bank of the outflow of a spring in.Section 33, T. 6 S., R. 88 W. of the 6th P.M. The actual location is in the SWI:SEk of Section 33, T. 6 S., R. 88 W. of the 6th P.M at a point whence the Southeast Corner of said Section 33 bears S. 84°00' E. 2,500 feet. 6. The purpose of the plan for augmentation is to provide an adequate and dependable supply of water for the Lake Springs Ranch Development, a proposed Planned Unit Development. 7. Statements of Opposition were timely filed by Colorado Mountain Junior College District, and by Union Oil Company of Colorado, and an Entry of Appearance was filed by Los Amigos Ranch Partnership. As a result the application was re-referred by the Water Referee to the Water Judge for Water Division No. 5. 0. Stipulations and agreements have been filed by the Applicant and the Objectors which contain the following facts and protective conditions to prevent injury to the Objec%rs or other owners or users of decreed water rights.- A. The water rights previously awarded to the Van Cleve No. 1 Ditch, the Van Cleve No. 2 Ditch and the Van Cleve Ditch, First Enlargement, have been used historically for irrigation on 120 acres of land, resultinc_i 72 acre feet of historical consumptive use. /N R. Applicant's proposed development is for a maximum of. 220 single -fancily residential equivalent units, with maximum total irrigated area of 7.6 acres. The develop- ment will utilize central water and sewer systems, and the treated effluent from the central sewer system will be discharged into the Cattle Creek drainage. The estimated total annual consumptive use by the proposed subdivision is 71.7 acre feet of water, which will be the total annual depletion to the Roaring Fork River. C. The following protective conditions will prevent injury to Union Oil Company of California's water rights: (1)The plan for aucrmentation herein shall cover depletions by Applicants's proposed development not exceeding 220 single-family residential equivalent units with total irrigated lawn and other area not exceeding 7.6 acres. (2)The consumptive use by Applicant's proposed development at full development shall not exceed 72 acre feet annually, and the resulting depletionsto the Roaring Fork River at full development shall not exceed 72 acre feet annually. Any consumptive use and depletions to the Roaring Fork River in excess of 72 acre feet annually shall not be covered by the plan for augmentation herein; and diversions by Applicant's water rights shall be curtailed by the water administration officials of the State as necessary to prevent such depletions or consumptive use in excess -8- W-3571, W-3572, W-3573, W-3574, W-3997 of 72 acre feet annually. (3)The estimated total annual water requirements of Applicants proposed development at full development, and the resulting estimated annual depletions are as follows: Depletions Depletions Total to Spring to Roaring Requirements Valley Fork River (AcFt) (Al (AF) 96.2 96.2 19.0 11.4 Domestic (220 units) Irrigation (7.6 acres) 60.3 11.4 TOTAL 105.2 97.6 71.7 (4)The changes of water rights and plan for augmentation proposed herein shall not be effective until all lands previously irrigated by the water rights decreed to Van Cleve No. 1 Ditch, Van Cleve No. 2 Ditch, Van Cleve No. 2 Ditch, First Enlargement, and the other water rights that are the subject of the consolidated applications in this case have been permanently removed from irrigation. After the Decree herein approving said changes of water rights and plan for augmentation becomes effective, none of said water rights shall be used for irrigation, except for the maximum 7.6 acres to be irrigated within Applicant's development. (5)The wells and springs described in the consolidated applications herein and to be used to supply Applicant's development shall he equipped with totalizing flow meters and all water diverted through them shall be measured and recorded. All sewage effluent discharged from the central sewer system serving Applicant's development shall be measured by means of totalizing flow meter(s) and recorded. The records of such water and sewage effluent measurements shall be maintained by Applicant and copies furnished to Union upon request. (6)In accordance with C.R.S. 37-92-304(6), as amended, the Decree to be entered herein shall remain subject to re- opening for reconsideration of the question of injury to the vested water rights of others for a period of time to be specified by the Court. Applicant and Union hereby agree that such Decree may be reopened by Union for reconsideration of the nuestion of injury to its water rights within two (2) years after the date on which water service is furnished to two hundred (200) single-family residential equivalent units within Applicant's develop- ment, and Applicant has given written notice to the Court and to the parties to this proceeding that such event has occurred. Provided, that if the final plat(s) approved by Garfield County for Applicant's development allow a maximum number of single-family residential equivalent units that is less than 220, then the two (2) -year period shall run from the date on which water service is furnished to ninety percent (90%) of such units and Applicant has given the Court and Union written notice of that. Provided further, that if the Court specifies a longer period of time for reopening or if Applicant stipulates with any other party to a longer period of time, then Union shall be entitled to reopen the Decree within such longer period of time. W-3571, W-3572, W-3573, W-3574, W-3997 D. The protective conditions set forth in paragraph 0-C above will also prevent injury to the waLer rights owned by Colorado Mountain Junior College District (CMC). In Addition, the Applicant and CMC agree that: (1)Foster may by virtue of this plan of augmentation consumptively use an amount equal to the average annual historic consumptive use of Foster's irrigation water rights, namely 72 acre feet per year, under the priorities granted to the irrigation water rights of Foster. To the extent that the priorities of the irrigation water rights are used under this augmentation plan, for all purposes Foster shall permanently cease using water for irrigation purposes except for the 7.6 acres to be irrigated within the development. The withdrawal and consumptive use of said 72 acre feet per annum shall be deemed under the priority dates granted to Foster's irrigation water rights and shall be deemed prior to the priority dates of CMC's underground water rights. (2)Foster may divert and use water in excess of 72 acre feet per year under the priorities granted to Foster's underground water rights as set forth here in above, which are junior to CMC's underground water rights. The withdrawal and application of any water to beneficial use by Foster in excess of the historic consumptive use of 72 acre feet shall be subject to call by CMC in accordance with the priority system of water rights. (3)Foster and CMC agree to constantly monitor the water level and diversions of their respective wells and under- ground water rights, at each party's own expense, and to maintain written records thereof on at least a monthly basis. Such monitoring shall occur by the installation of totalizing flow meters or other appropriate measuring devices on the wells and spring within one year from the date of the execution hereof. The parties further shall cooperate toward the orderly development and administration of the Spring Valley aquifer by providing one another the richt of reasonable inspection of said records upon written request of either party hereto. (4)If as a proximate result of Foster's diversions in excess of 72 of per annum from the Spring Valley aquifer, CMC is unable to make diversions from its wells as permitted by its wells as permitted by its aforesaid decrees in the amounts sufficient for its needs, asthose needs may exist from time to time, CMC shall be deemed injured as a result of such inablility and Foster shall immediately, upon the occurence of every such inablili ty, undertake remedial measures that will alleviate the injury to CMC. 9. The Plan for Augmentation as set forth herein is one contemplated by law and if implemented and administrered in accordance with this Decree, will cause no injurious effect to vested water rights or decreed conditional water rights. The Referee does therefore conclude that the above entitled application for approval of Plan for Augmentation should be approved insofar as it is consistent with the protective conditions as set forth in paragraph 8 above, and with the Plan for Augmentation as set forth above. W-3571, W-3572, W-3573, W-3574, W-3997 The applicant will refrain from diversions and consumptive use of the water previously awarded to the Van Cleve No. 1 Ditch, the Van Cleve No. 2 Ditch, and Van Cleve No. 2 Ditch, First Enlargement, and will use the Lake Springs Ranch Spring, The Lake Springs Ranch Well A, the Lake Springs Ranch Well B, and the Lake Springs Ranch Well C to supply the water requirements of the Lake Springs Ranch Development. 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 C.R.S. 1973. It is further ORDERED that a copy of this ruling shall be filed with thQ appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this .' day of �Agr , 1981. BY TIIE REFEREE: Wat Referee Wat Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the foregoing ruling is confirmed and approved, and is made the Judgement and Decree of this court; provided however, that the approval of this Plan for Augmentation shall he subject to re- consideration by the Water Judge on the question of injury to teo vested rights of others during any hearing commencing in the we calendar years succeeding the year in which this decision is ndered. -11- Granted The moving party is hereby ORDERED to provide a copy of this Order to any pro se parties who have entered an appearance in this action within 10 days from the date of this order. James B. Boyd District Court Judge Date of Order attached EFILED Document District Court, Water Division 5, Colorado 109 8TH STREET, SUITE 104 GLENWOOD SPRINGS, CO 81601 PHONE NUMBER: (970) 945-5075 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: BASALT WATER CONSERVANCY DISTRICT IN SUMMIT, GARFIELD, PITKIN AND EAGLE COUNTIES, COLORADO. CO Garfield County District Court 9th Filing Date: Dec 12 2011 5:20PM MST Filing ID: 41356719 Review Clerk: Kathy Hall ♦ COURT USE ONLY • CASE No. 01CW305 WATER DIVISION 5 FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT RULING 1 OF 2 This matter came before the Court upon the Amended Application of the Basalt Water Conservancy District for Change of Water Right, for Approval of Plan for Augmentation, Including Exchange, and for Conditional Right of Exchange. The Water Judge referred the Amended Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes, known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee has made such investigations as are necessary to determine whether or not the statements in the Amended Application are true, has become fully advised with respect to the subject matter of the Amended Application and has consulted with the Division Engineer for Water Division No. 5. The Referee hereby makes the following determination and ruling in this matter. CASE NO. 01 CW305 RULING 1 OF 2 -1- FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT A 1 N A N H OVllb I. FINDINGS OF FACT A. GENERAL CASE INFORMATION 1. The Applicant is the Basalt Water Conservancy District (hereinafter "District" or "Applicant"), whose address is P.O. Box 974, Glenwood Springs, Colorado 81612. The District is represented in this matter by David C. Hallford and Christopher L. Geiger, Balcomb & Green, P.C., Post Office Drawer 790, Glenwood Springs, Colorado 81602, (970) 945-6546. 2. The District was formed under the Water Conservancy Act of the State of Colorado by decree of the Garfield County District Court in C.A. 5593 on April 24, 1964. (See generally C.R.S. § 37-45-101 et seq.). The District's purpose was and is to conserve, develop and stabilize supplies of water for domestic, irrigation, manufacturing, and other beneficial uses within those parts of Eagle, Garfield, and Pitkin counties included within its boundaries. The District is divided into seven divisions from which are appointed a total of eight directors who constitute the District's Board of Directors. The District holds various water rights decrees as a result of adjudications in connection with the Basalt Project, a group of interrelated water rights originally decreed in C.A. 4613, Garfield County District Court. The principle feature of the Basalt Project is Ruedi Reservoir constructed by the United States Bureau of Reclamation on the Fryingpan River above Basalt, Colorado. The District holds contracts for storage rights in Ruedi Reservoir and Green Mountain Reservoir as well as direct flow rights, which it uses to secure dependable water supplies for water users within the District's boundaries. The District uses its direct flow rights and storage rights in Ruedi Reservoir and Green Mountain Reservoir to provide year-round water right protection to its constituents. In most cases, those contracting with the District obtain their physical water supply from ground water wells or springs located in the Roaring Fork River and Fryingpan River basins. A District constituent may receive benefit under a District water allotment contract in several ways. First, the junior water rights of District contractees may be protected by having the point of diversion of the junior water right designated as an alternate point of diversion for a portion of the District's more senior direct flow water rights. Second, to the extent that the District's senior direct flow rights are inadequate to provide for the water user's year-round needs, releases from reservoir storage or dedication of consumptive -use credits decreed to the District's interests in the Troy and Edith Ditch, Robinson Ditch and/or Favre Domestic Spring and Pipeline may be used to provide the water required by holders of downstream senior water rights. The District enters into contracts with individual users on an ongoing basis. The contracts are organized into two geographic categories, either Area A or Area B. Area A encompasses those regions that are located near the Fryingpan or Roaring Fork rivers, or on tributary creeks, where the District's water rights provide a dependable legal supply for diversion at alternate points owned by its contractees or through augmentation of those CASE No. 01CW305 RULING 1 OF 2 - 2 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT alternate points, either directly or by exchange. Area B encompasses those locations where intervening senior water rights existing between the point of diversion of the District contractee and the point at which the District water is made available for use by the contractee prevent the District's rights, standing alone, from providing a dependable legal supply for use at alternate points of diversion or through augmentation of those alternate points. The District has historically operated a temporary plan for augmentation, pursuant to the State Engineer's approval of a temporary substitute water supply plan, for qualifying Area A contractees pending this Court's approval of final plans for augmentation approving those contractees' diversions. In contrast, Area B contractees must obtain an individual plan for augmentation approved by the water court in order to benefit from the District's water rights; the District does not operate administratively approved temporary plans for augmentation or annual substitute water supply plans for Area B contractees. 3. The District filed an Application for change of water right; approval of plan for augmentation, including exchange; and conditional right of exchange on November 30, 2001. The District filed an Amended Application for change of water right; approval of plan for augmentation, including exchange; and conditional rights of exchange on September 30, 2005. The purpose of the application and amended application is to obtain water court approval of changes of the District's senior direct -flow rights to alternate points of diversion at structures owned by District contractees, and to obtain water court approval for augmentation of out -of -priority depletions that occur as a result of diversions by District contractees using the District's storage rights and consumptive -use credits decreed to other water rights owned by the District. The points of diversion which the District seeks to make alternate points of diversion for its direct -flow rights or otherwise augment through its storage rights and decreed consumptive -use credits are all owned by individual District contractees. This application is intended to obtain water court approval for a number of qualifying Area A contractees whose diversions benefitted from the District's water rights in the past under the temporary plans for augmentation pursuant to the State Engineer's approval of a substitute water supply plan. The qualifying Area A contractees' diversions will, with one exception noted later, operate as alternate points of diversion for the District's water rights in and to the Basalt Conduit, as herein described. To the extent that the qualifying Area A contractees diversions cannot be met using the District's direct flow rights in the Basalt Conduit, releases from reservoir storage from either Ruedi Reservoir or Green Mountain Reservoir or dedication of consumptive -use credits decreed to the District's interests in the Troy and Edith Ditch, Robinson Ditch and/or Favre Domestic Spring and Pipeline will be used to provide the replacement water required. In some instances, augmentation of depletions by qualifying Area A contractees will be met through exchange of the District's interests in water available under Ruedi Reservoir, Green Mountain Reservoir, Troy and Edith Ditch, Robinson Ditch, and Favre Domestic Spring and Pipeline water rights. CASE No. 01CW305 RULING 1 OF 2 - 3 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT By this Court's order of April 10, 2008, the District was allowed to bifurcate the claims in the Amended Application into two separate rulings and decrees of the Water Court. The purpose in bifurcating the claims into two rulings is to allow the District to seek one ruling and decree for the alternate points of diversion and plan for augmentation for those structures that divert from and are depletive to that portion of the Fryingpan River and its tributaries located between the inlet of Ruedi Reservoir and the confluence of the Fryingpan River and the Roaring Fork River, and also that portion of the Roaring Fork River and its tributaries downstream from the confluence of the Roaring Fork River and the Fryingpan River excluding, however, the Crystal River, Sopris Creek, and that portion of Cattle Creek above the headgate of the Mason Ditch (which headgate lies below the confluence of Cattle Creek and Fish Creek), and a second, separate, ruling and decree for the alternate points of diversion and plan for augmentation for those structures that divert from and are depletive to that portion of the Roaring Fork River and its tributaries upstream from the confluence of the Roaring Fork River and the Fryingpan River. This Ruling 1 of 2 addresses the claims in the Amended Application relating to the alternate points of diversion and plan for augmentation for those structures that are specifically described in this Ruling and that divert from and are depletive to the Fryingpan River and its tributaries located between the inlet of Ruedi Reservoir and the confluence of the Fryingpan River and the Roaring Fork River, and the Roaring Fork River and its tributaries downstream from the confluence of the Roaring Fork River and the Fryingpan River excluding, however, the Crystal River, Sopris Creek, and that portion of Cattle Creek above the headgate of the Mason Ditch (which headgate lies below the confluence of Cattle Creek and Fish Creek). 4. The Application and Amended Application were properly published in the resume for Water Division No. 5. All notices required by law have been made, and the Court has jurisdiction over the Amended Application and over all of the parties in this case. 5. The City of Colorado Springs, the Colorado Water Conservation Board, the Southeastern Colorado Water Conservancy District, and the Twin Lakes Reservoir and Canal Company filed timely Statements of Opposition to the Application, which applied as well to the Amended Application. Thomas Bailey and the Snowmass Water & Sanitation District filed Statements of Opposition to the Amended Application. No other statements of opposition were filed, and the time for filing such statements has expired. The said Objectors have consented to entry of this decree, as is evidenced by their stipulations with the District dated November 14, 2006 (City of Colorado Springs), December 15, 2010 (Colorado Water Conservation Board), July 28, 2008 (Southeastern Colorado Water Conservancy District ), November 17, 2009 (Twin Lakes Reservoir and Canal Company ), April 10, 2008 (Thomas Bailey), and April 28, 2010 (Snowmass Water & Sanitation District) filed with the Court. 6. None of the water rights or sources thereof involved in this Ruling is located within a designated ground water basin. CASE No. 01CW305 RULING 1 OF 2 - 4 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT 7. The change of water rights and description of the plan for augmentation, including exchange, are more fully set forth below. 8. The Court finds that the relief requested herein is consistent with the relief originally requested in the Amended Application and for which public notice was provided. B. CLAIM FOR CHANGE OF WATER RIGHT: ALTERNATE POINTS OF DIVERSION 1. Decreed Name of Structure For Which Changes Are Sought: Basalt Conduit 2. Information From Previous Decrees: a. Date Entered: June 20, 1958, Case No. C.A. 4613 Court: Garfield County District Court b. Decreed Point of Diversion: The decreed headgate and point of diversion is located on the left side of the Fryingpan River in the NE1/4NW1/4 of unsurveyed Section 18, Township 8 South, Range 84 West of the 6th Principal Meridian ("P.M.") at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of Township 8 South, Range 84 West, 6th P.M. bears N. 79 degrees 00' W., a distance of 2,017.1 feet. c. Source: The Fryingpan River, tributary to the Roaring Fork River, tributary to the Colorado River, including water impounded in the Ruedi Reservoir. d. Appropriation Date: July 29, 1957. e. Amount: 450 cubic feet per second ("cfs"). f. Use: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. g. Diligence: Findings of diligence for the Basalt Conduit water rights were entered and decreed in W-44, W-56, W-789-76, 80CW94, 88CW85, 95CW52 and 03CW041. 3. Proposed Change: Applicant seeks an alternate point of diversion of the Basalt Conduit in the amount of 7.76 cfs, which is the cumulative total of the maximum rates of diversions at these described alternate points: CASE No. 01CW305 RULING 1 OF 2 - 5 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT a. Contract No.: 3.3.5.75b, Eric Smith Well i. Located in the NE1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 1,600 feet from the south section line and 4,700 feet from the east section line. ii. Amount: 0.70 acre-feet ("AF"), 0.033 cfs iii. County: Garfield b. Contract No.: 3.3.5.76a, Steve Crowley Well i. Located in the NE1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at apoint 1,590 feet from the south section line and 4,400 from the East section line. ii. Amount: 0.70 AF, 0.033 cfs iii. County: Garfield c. Contract No.: 3.3.5.77b, Missey Well i. Located in the NE1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 1,580 feet from the south section line and 4,100 feet from the east section line. ii. Amount: 0.70 AF, 0.033 cfs iii. County: Garfield d. Contract No.: 3.3.5.93a, Long Well i. Located in the SW1/4SW1/4, Section 1, Township 8 South, Range 86 West, 6th P.M., at a point 900 feet from the south section line and 380 feet from the west section line. ii. Amount: 1.80 AF, 0.100 cfs iii. County: Eagle e. Contract No.: 3.3.5.100a, Pedersen Well (1) i. Located in the NW1/4SW1/4, Section 21, Township 7 South, Range 87 West, 6th P.M., at a point 1,500 feet from the south section line and 300 feet from the west section line. ii. Amount: 0.60 AF, 0.033 cfs iii. County: Garfield f. Contract No.: 3.3.5.101a, Pedersen Well (2) i. Located in the NW1/4SW1/4, Section 21, Township 7 South, Range 87 West, 6th P.M., at a point 1,400 feet from the south section line and 100 feet from the west section line. ii. Amount: 0.60 AF, 0.033 cfs County: Garfield CASE No. 01CW305 RULING 1 OF 2 - 6 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT g. Contract No.: 3.3.5.118a, Eirman Well i. Located in the NW1/4SE1/4, Section 2, Township 8 South, Range 86 West, 6th P.M., at a point 1,500 feet from the south section line and 2,500 feet from the east section line. ii. Amount: 0.70 AF, 0.033 cfs iii. County: Eagle h. Contract No.: 3.3.5.119c, MacDonald Well i. Located in the SW1/4SE1/4, Section 28, Township 7 South Range 87 West, 6th P.M., at a point 1,000 feet from the south section line and 2,500 feet from the east section line. ii. Amount: 1.20 AF, 0.033 cfs iii. County: Eagle i. Contract No.: 3.3.5.132a, i. Red Rock Ranch HOA Wells: A well located in the SE1/4NE1/4 of Section 10, Township 8 South, Range 87 West, 6th P.M., at a point 1,648 feet south of north section line and 1,040 feet west of east section line. A well located in the SE1/4NE1/4 of Section 10, Township 8 South, Range 87 West, 6th P.M., at a point 1,900 feet south of the north section line and 350 feet west of the east section line. A well located in the NE1/4 of Section 10, Township 8 South, Range 87 West, 6th P.M., at a point 1,795 feet south of north section line and 605 feet west of east section line. Thomas Collins Well: located in the SE1/4NE1/4 of Section 10, Township 8 South, Range 87 West, 6th P.M., 3,180 feet from the south section line and 300 feet from the east section line. Howard Gunther Well: located in the NW1/4SW1/4 of Section 11, Township 8 South, Range 87 West, 6th P.M., at a point 1,905 feet north of south section line and 60 feet east of west section line. Zurcher Well: located in the SE1/4NE1/4, Section 10, Township 8 South, Range 87 West, 6th P.M., at a point 1,803 feet from the north section line and 734 feet from the east section line. ii. Amount: 8.0 AF, 0.250 cfs iii. County: Eagle CASE No. 01CW305 RULING 1 OF 2 - 7 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT j. Contract No.: 3.3.5.208, Pine Well (a.k.a. Herring Well) i. Located in the NW1/4NW1/4, Section 17, Township 7 South, Range 88 West, 6th P.M., at a point 1,250 feet from the north section line and 1,025 feet from the west section line. ii. Amount: 2.50 AF, 0.067 cfs iii. County: Garfield k. Contract No.: 3.3.5.213, Crowley Acres HOA Well (a.k.a. Ray Crowley Well) i. Located in the SW1/4SW1/4, Section 7, Township 8 South, Range 83 West, 6th P.M., at a point 670 feet from the south section line and 750 feet from the west section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Pitkin 1. Contract No.: 3.3.5.227b, Riley Well i. Located in the NW1/4NW1/4 of Section 27, Township 7 South, Range 88 West, 6th P.M., at a point 768 feet north of the south section line and 235 feet west of the east section line. ii. Amount: 2.70 AF, 0.067 cfs iii. County: Garfield m. Contract No.: 3.3.5.230, Bones Well i. Located in the SW1/4SE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 1,040 feet from the south section line and 1,400 feet from the east section line. ii. Amount: 3.0 AF, 0.033 cfs iii. County: Eagle n. Contract No.: 3.3.5.236, Cleveland Well i. Located in the NW1/4SE1/4, Section 22, Township 7 South, Range 87 West, 6th P.M., at a point 2,350 feet from the south section line and 1,500 feet from the east section line. ii. Amount: 1.70 AF, 0.033 cfs iii. County: Eagle o. Contract No.: 3.3.5.258, Pinion Grove HOA Wells i. CASE No. 01CW305 RULING 1 OF 2 Lot 1 Well: Located in the NW1/4SW1/4, Section 28, Township 7 South, Range 87 West, 6th P.M., at a point 1,920 feet from the south section line and 1,150 feet from the west section line, 6th P.M. - 8 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT II q. Lot 2 Well: located in the NW1/4SW1/4, Section 28, Township 7 South, Range 87 West, 6th P.M., at a point 2,340 feet from the south section line and 1,097 feet from the west section line. ii. Amount: 11.30 AF, 0.132 cfs iii. County: Eagle Contract No.: 3.3.5.269, Levitt Wells i. Levitt Well No.1: Located in the NW1/4SW1/4, Section 28, Township 7 South,Range 87 West, 6th P.M., at a point 1,352 feet from the south section line and 1,081 feet from the west section line. Levitt Well No. 2: Located in the NE1/4SW1/4, Section 28, Township 7 South, Range 87 West, 6th P.M., at a point 1,470 feet from the south section line and 2,001 feet from the west section line. Levitt Well No. 3: Located in the NE1/4SW1/4, Section 28, Township 7 South, Range 87 West, 6th P.M., at a point 1,470 feet from the south section line and 1,900 feet from the west section line. ii. Amount: 14.20 AF, 0.110 cfs iii. County: Garfield Contract No.: 3.3.5.273a, PePaw Well i. Lot 1 Well: located in the NE1/4SW1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 1,820 feet from the south section line and 2,680 feet from the east section line. ii. Amount: 1.00 AF, 0.033 cfs iii. County: Garfield r. Contract No.: 3.3.5.274a, Rieser Well i. Lot 2 Well: located in the NE1/4SW1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 2,100 feet from the south section line and 2,720 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Garfield s. Contract No.: 3.3.5.275.a, Friel Well, (f.k.a Arnold Well) i. Lot 3 Well: located in the NE1/4SW1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 1,950 feet from the south section line and 3,000 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Garfield CASE No. 01CW305 RULING 1 OF 2 - 9 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT t. Contract No.: 3.3.5.276.b, Simpson Well (f.k.a Arnold Well) i. Lot 4 Well: located in the NE1/4SW1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 2,380 feet from the south section line and 3,100 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Garfield u. Contract No.: 3.3.5.280a, Helmick Well, (a.k.a. Walker Well) i. Located NW1/4NE1/4, Section 29, Township 6 South, Range 88 West, 6th P.M., at a point 600 feet from the north section line and 2,300 feet from the east section line. ii. Amount: 0.90 AF, 0.033 cfs iii. County: Garfield v. Contract No.: 3.3.5.282a, Riverwalk at the Fryingpan (a.k.a Caddis Fly Partners, LLC.) i. Pump and pipeline located in the SE1/4SE1/4, Section 7, Township 8 South, Range 86 West, 6th P.M., at a point 900 feet from the south section line and 450 feet from the east section line. ii. Amount: 0.90 AF, 0.220 cfs iii. County: Eagle w. Contract No.: 3.3.5.284b, Poulos Well f/k/a TRM Corp of Colorado i. Mid Valley Well No. 2 (051135-F): located in the SW1/4SE1/4, Section 28, Township 7 South, Range 87 West, 6th P.M., at a point 3,980 feet from the north section line and 2,622 feet from the east section line. ii. Amount: 0.80 AF, 0.033 cfs iii. County: Garfield x. Contract No.: 3.3.5.287, Gershman Well i. Located in the SE1/4SW1/4, Section 7, Township 8 South, Range 86 West, 6th P.M., at a point 1,200 feet from the south section line and 2,000 feet from the west section line. ii. Amount: 0.70 AF, 0.033 cfs iii. County: Eagle y Contract No.: 3.3.5.296a, Seibert Well i. Located in the SE1/4NE1/4, Section 27, Township 7 South, Range 87 West, 6th P.M., at a point 1,950 feet from the north section line and 1,450 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs CASE No. 01CW305 RULING 1 OF 2 - 10 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT iii. County: Eagle z. Contract No.: 3.3.5.297, Moore/Englund Wells i. Tract A Well: located in the SW1/4NW1/4, Section 32, Township 7 South, Range 87 West, 6th P.M., at a point 2,350 feet from the north section line and 1,315 feet from the west section line. Tract B Well: located in the SE1/4NW1/4, Section 32, Township 7 South, Range 87 West, 6th P.M., at a point 2,320 feet from the north section line and 1,680 feet from the west section line. ii. Amount: 2.0 AF, 0.067 cfs iii. County: Garfield aa. Contract No.: 3.3.5.305, Ulrych Well i. Located in the SE1/4NW1/4, Section 32, Township 7 South, Range 87 West, 6th P.M., at a point 1,400 feet from the north section line and 2,600 feet from the West section line. ii. Amount: 0.60 AF, 0.033 cfs iii. County: Garfield bb. Contract No.: 3.3.5.307, Terliamis/Shaw Well i. Located on Parcel B, NW1/4SE1/4, Section 1, Township 7 South, Range 89 West, 6th P.M., at a point 2,400 feet from the south section line and 1,700 feet from the east section line. ii. Amount: 0.50 AF, 0.033 cfs iii. County: Garfield cc. Contract No.: 3.3.5.309a, Snow Country Investments Well f/k/a Carlson/Sterret Metal Shed Well i. Located in the NW1/4NW1/4, Section 32, Township 7 South, Range 87 West, 6th P.M., at a point 1,305 feet from the north section line and 1,195 feet from the west section line. ii. Amount: 2.90 AF, 0.033 cfs iii. County: Garfield dd. Contract No.: 3.3.5.310b, Hamalak Well (f.k.a Ruston, f.k.a Bradley Well) i. Located on Lot 10, Winward Ranch Subdivision, in the SE1/4NW1/4, Section 6, Township 8 South, Range 84 West, 6th P.M., at a point 2,082 feet from the north section line and 2,400 feet from the west section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Eagle CASE No. 01CW305 RULING 1 OF 2 - 11 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT ee. Contract No.: 3.3.5.312a, Cozy Point, L.P. Well i. Located in the NW1/4SE1/4, Section 35, Township 6 South, Range 89 West, 6th P.M., at a point 1,700 feet from the south section line and 1,950 feet from the east section line. ii. Amount: 0.40 AF, 0.033 cfs iii. County: Garfield ff. Contract No.: 3.3.5.314a, Schutter Well f/k/a Moore i. Located in the SE1/4NW1/4, Section 32, Township 7 South, Range 87 West, 6th P.M., at a point 1,895 feet from the north section line and 1,350 feet from the west section line. ii. Amount: 0.90 AF, 0.067 cfs iii. County: Garfield gg. Contract No.: 3.3.5.315b, Bailey Well f/k/a Murray i. Located on Lot 1B, Goose Creek Subdivision in the SE1/4NE1/4, Section 34, Township 7 South, Range 88 West, 6th P.M., at a point 3,250 feet from the south section line and 450 feet from the east section line. ii. Amount: 0.90 AF, 0.033 cfs iii. County: Garfield hh. Contract No.: 3.3.5.316, Inverso Well i. Located in the SW1/4NW1/4, Section 26, Township 6 South, Range 89 West, 6th P.M., at a point 1,978 feet from the north section line 534 feet from the west section line. ii. Amount: 0.80 AF, 0.033 cfs iii. County: Garfield ii. Contract No.: 3.3.5.317a, Crandall Well (Lot 4A Well) i. Located on Arlian Ranch in the SE1/4SE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 500 feet from the south section line and 700 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Eagle JJ Contract No.: 3.3.5.318a, White/Marble Well (Lot 4B Well) i. Located on Arlian Ranch in the SE1/4SE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 320 feet from the south section line and 700 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Eagle CASE No. 01CW305 RULING 1 OF 2 - 12 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT kk. Contract No.: 3.3.5.319a, Crandall/Nieslanik Well (f.k.a. Rominger) i. Located in the NW1/4NW1/4, Section 11, Township 8 South, Range 88 West, 6th P.M., at a point 700 feet from the north section line and 900 feet from the west section line. ii. Amount: 1.80 AF, 0.049 cfs iii. County: Garfield 11. Contract No.: 3.3.5.323a, Morrison Well f/k/a Jewkes i. Located on Lot 11, Seven Castles Subdivision, in the NE1/4 SW1/4, Section 1, Township 8 South, Range 86 West, 6th P.M., at a point 1,250 feet from the south section line and 1,400 feet from the west section line. ii. Amount: 0.70 AF, 0.033 cfs iii. County: Eagle mm. Contract No.: 3.3.5.324, St. Finnbar Wells i. CASE No. 01CW305 RULING 1 OF 2 Well #1, Lot 1: located in the SE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,595 feet from the north section line and 2,320 feet from the west section line. Well #1, Lot 2: located in the SE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,455 feet from the north section line and 1,930 feet from the west section line. Well #1, Lot 3: located in the SE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,405 feet from the north section line and 1,715 feet from the west section line. Well #1, Lot 4: located in the SE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th, P.M., at a point 2,605 feet from the north section line and 1,385 feet from the west section line. Well #1, Lot 5: located in the SW1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,200 feet from the north section line and 1,055 feet from the west section line. Well #1, Lot 6: located in the SW1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,460 feet from the north section line and 615 feet from the west section line. - 13 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT Well # 1, Lot 7: located in the NW1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,715 feet from the north section line and 865 feet from the west section line. Well #1, Lot 8: located in the NW1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th, P.M., at a point 2,985 feet from the north section line and 1,050 feet from the west section line. Well #1, Lot 9: located in the NW1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 3,260 feet from the north section line and 1,310 feet from the west section line. Well #1, Lot 10: located in the NE1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 3,330 feet from the north section line and 1,530 feet from the west section line. Well #1, Lot 11: located in the NE1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 3,450 feet from the north section line and 1,835 feet from the west section line. Well #1, Lot 12: located in the NE1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 3,160 feet from the north section line and 1,850 feet from the west section line. Well #1, Lot 13: located in the NE1/4SW1/4, Section 31, Township 7 South,Range 87 West, 6th P.M., at a point 3,190 feet from the north section line and 2,140 feet from the west section line. ii. Amount: 16.20 AF, 0.430 cfs (0.033 cfs each well) iii. County: Garfield nn. Contract No.: 3.3.5.326, Thunder River Lodge Well i. Located in the SE1/4SE1/4, Section 28, Township 7 South, Range 88 West, 6th P.M., at a point 800 feet from the south section line and 1,100 feet from the east section line. ii. Amount: 5.90 AF, 0.067 cfs iii. County: Garfield 00. Contract No.: 3.3.5.336, Coffman Well i. Located in the SW1/4NW1/4, Section 10, T8S, R86W, 6th P.M., at a point 1,520 feet from the north section line and 1,120 feet from the south section line. ii. Amount: 3.20 AF, 0.033 cfs iii. County: Eagle CASE No. 01CW305 RULING 1 OF 2 - 14 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT pp• qq. Contract No.: 3.3.5.340b, Thomas Well i. Located on Lot 2, Adams Subdivision, SW1/4, Section 2, Township 8 South, Range 86 West, 6th P.M., at a point 1,300 feet from the south section line and 1,800 feet from the west section line. ii. Amount: 0.70 AF, 0.033 cfs iii. County: Eagle Contract No.: 3.3.5.345, Daugherty Kirkham LLC Well i. Located in the SW1/4SW1/4, Section 36, Township 6 South, Range 89 West, 6th P.M., at a point 216 feet from the south section line and 612 feet from the west section line. ii. Amount: 1.30 AF, 0.033 cfs iii. County: Garfield rr. Contract No. 3.3.5.95, Garfield County Road and Bridge Surface Diversions i. Catherine Store Bridge: A surface diversion located in the NE1/4SW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 1,480 feet from the south section line and 2,250 feet from the west section line. Westbank Bridge: A surface diversion located in the SW1/4SW1/4, Section 36, Township 6 South, Range 89 West, 6th P.M., at a point 500 feet from the south section line and 50 feet from the west section line. Highway 133 Bridge Boat Ramp: A surface diversion located in the SE1/4SE1/4, Section 28, Township 7 South, Range 88 West, 6th P.M., at a point 1,300 feet from the south section line and 890 feet from the east section line. Highway 82 and Crystal Springs Road: A surface diversion located in the NE1/4SW1/4, Section 26, Township 7 South, Range 88 West, 6th P.M., at a point 1,400 feet from the south section line and 2,700 feet from the west section line. County Road 119 near Rivendell Sod Farm: A surface diversion located in the SW1/4SE1/4, Section 33, Township 6 South, Range 88 West, 6th P.M., at a point 150 feet from the south section line and 2,450 feet from the east section line. ii. Amount: 2.0 AF, 1.0 cfs iii. County: Garfield CASE No. 01CW305 RULING 1 OF 2 - 15 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT ss. Contract No.: 3.3.5.113d, Blackinston Well i. Located in the SW1/4SE1/4, Section 2, Township 8 South, Range 86 West, 6th P.M., at a point 1,200 feet from the south section line and 2,400 feet from the east section line. ii. Amount: 0.70 AF, 0.033 cfs iii. County: Eagle tt. Contract No.: 3.3.5.114d, Hribernik Well i. Located in the SW1/4SW1/4, Section 2, Township 8 South, Range 86 West, 6th P.M., at a point 1,290 feet south of the north section line, and 2,080 feet east of the west section line. ii. Amount: 0.70 AF, 0.033 cfs iii. County: Eagle uu. Contract No.: 3.3.5.220c, BDBC, LLC Well i. Located in the NE1/4NW1/4, Section 12, Township 8 South, Range 86 West, 6th P.M., at a point 100 feet from the north section line and 1,600 feet from the west section line. ii. Amount: 0.43 AF, 0.033 cfs iii. County: Eagle vv. Contract No.: 3.3.5.292, Berkeley Family Ltd. Partnership Structures i. CASE No. 01CW305 RULING 1 OF 2 Lake Springs Ranch Spring: A spring located in the SW1/4SE1/4, Section 33, Township 6 South, Range 88 West, 6th P.M., at a point whence the SE corner of said Section 33 bears S. 77 degrees00' East 2,030 feet. Lake Springs Ranch Well A: Located in the SW1/4NW1/4, Section 33, Township 6 South, Range 88 West, 6th P.M., at a point whence the SE corner of said Section 33 bears S. 59 degrees00' East, 5,730 feet. Lake Springs Ranch Well B: Located in the NW1/4SW1/4, Section 33, Township 6 South, Range 88 West, 6th P.M., at a point whence the SE corner of said Section 33 bears S. 64 degrees00' E. 5,180 feet. Lake Springs Ranch Well C: Located in the NE1/4SW1/4, Section 33, Township 6 South, Range 88 West, 6th P.M., at a point 1,380 feet from the south section line and 1,520 feet from the west section line. Lake Springs Ranch Well D: Located in the SE1/4SE1/4, Section 33, Township 6 South, Range 88 West, 6th P.M., at a point 650 feet from the south section line and 150 feet from the east section line. - 16 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT Lake Springs Ranch Well E: Located in the SE1/4SE1/4, Section 33, Township 6 South, Range 88 West, 6th P.M., at a point 638 feet from the south section line and 50 feet from the east section line. ii. Amount: 66.0 AF, 1.0 cfs iii. County: Garfield ww. Contract No.: 3.3.5.299a, West Rimledge Wells i. A well located in the SE1/4SW1/4, Section 24, Township 7 South, Range 88 West, 6th P.M., at a point 550 feet from the south section line and 1,500 feet from the west section line. A well located in the SE1/4SW1/4, Section 24, Township 7 South, Range 88 West, 6th P.M., at a point 350 feet from the south section line and 2,160 feet from the west section line. A well located in the SW1/4SE1/4, Section 24, Township 7 South, Range 88 West, 6th P.M., at a point 210 feet from the south section line and 2,300 feet from the east section line. ii. Amount: 3.7 AF, 0.134 cfs iii. County: Garfield xx. Contract No.: 3.3.5.330, Gallegos Ventures, Inc. Well i. Located in the SW1/4NE1/4, Section 1, Township 7 South, Range 89 West, 6th P.M., at a point 3,000 feet from the south section line and 2,000 feet from the east section line. ii. Amount. 1.0 AF, 0.033 cfs iii. County: Garfield YY. Contract No.: 3.3.5.350a, Ingram Well i. Located in the SE1/4SE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 100 feet from the south section line and 700 feet from the east section line. ii. Amount: 0.80 AF, 0.033 cfs iii. County: Eagle zz. Contract No.: 3.3.5.351a, Killbrew Well (a.k.a Lot 6C Well) i. Located in the SE1/4SE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 100 feet from the south section line and 550 feet from the east section line. ii. Amount: 0.80 AF, 0.033 cfs iii. County: Eagle CASE No. 01CW305 RULING 1 OF 2 - 17 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT aaa. Contract No.: 3.3.5.352, Blue Well i. Located in the SE1/4NW1/4, Section 25, Township 7 South, Range 88 West, 6th P.M., at a point 1,817 feet from the north section line and 2,392 feet from the west section line. ii. Amount: 3.1 AF, 0.033 cfs iii. County: Garfield bbb. Contract No.: 3.3.5.357a, Ewing Well i. Located in the NE1/4NE1/4, Section 4, Township 8 South, Range 87 West, 6th P.M., at a point 180 feet from the north section line and 300 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Eagle ccc. Contract No.: 3.3.5.365a, BHR Carbondale, LTD Well i. Located in the SW1/4NE1/4, Section 1, Township 7 South, Range 89 West, 6th P.M., at a point 2,800 feet from the south section line and 1,550 feet from the east section line. ii. Amount: 1.7 AF, 0.067 cfs iii. County: Garfield ddd. Contract No.: 3.3.5.366a, Bailey Well i. Located in the NW1/4NW1/4, Section 35, Township 7 South, Range 88 West, 6th P.M., at a point 4,800 feet from the south section line and 50 feet from the west section line. ii. Amount: 1.10 AF, 0.033 cfs iii. County; Garfield eee. Contract No.: 3.3.5.367, Roaring Fork Preserve, LLC Wells i. Well #1: Located in the SE1/4NW1/4, Section 36, Township 7. South, Range 88 West, 6th P.M., at a point 2,395 feet from the north section line and 1,470 feet from the west section line. Well #2.: Located in the SE1/4NW1/4, Section 36, Township 7. South, Range 88 West, 6th P.M., at a point 2,315 feet from the north section line and 1,755 feet from the west section line. Well #3: Located in the NE1/4SW1/4, Section 36, Township 7. South, Range 88 West, 6th P.M., at a point 2,010 feet from the south section line and 1,705 feet from the west section line. CASE No. 01CW305 - 18 - FINDINGS OF FACT, RULING OF REFEREE, RULING 1 OF 2 AND JUDGMENT AND DECREE OF WATER COURT Well #4: Located in the NW1/4SW1/4, Section 36, Township 7. South, Range 88 West, 6th P.M., at a point 2,150 feet from the south section line and 1,045 feet from the west section line. Well #5: Located in the NE1/4SW1/4, Section 36, Township 7. South, Range 88 West, 6th P.M., at a point 1,400 feet from the south section line and 1,570 feet from the west section line. Well #6: Located in the NW1/4SW1/4, Section 36, Township 7. South, Range 88 West, 6th P.M., at a point 1,440 feet from the south section line and 1,240 feet from the west section line. Well #7: Located in the NW1/4SW1/4, Section 36, Township 7. South, Range 88 West, 6th P.M., at a point 1,735 feet from the south section line and 500 feet from the west section line. Well #8: Located in the NE1/4SE1/4, Section 35, Township 7. South, Range 88 West, 6th P.M., at a point 1,715 feet from the south section line and 105 feet from the east section line. Well #9: Located in the NW1/4SW1/4, Section 36, Township 7. South, Range 88 West, 6th P.M., at a point 2,135 feet from the south section line and 380 feet from the west section line. Well #10: Located in the NE1/4SE1/4, Section 35, Township 7. South, Range 88 West, 6th P.M., at a point 2,435 feet from the south section line and 710 feet from the east section line. ii. Amount: 10.1 AF, 0.33 cfs iii. County: Garfield fff. Contract No.: 3.3.5.368, Kilby Wells i. CASE No. 01CW305 RULING 1 OF 2 Mayfly Bend Ranch No.1 Well: Located in the SE1/4NE1/4, Section 35, Township 7 South, Range 88 West, 6th P.M., at a point 2,600 feet from the north section line and 90 feet from the east section line. Mayfly Bend Ranch No.2 Well: Located in the NW1/4SW1/4, Section 36, Township 7 South, Range 88 West, 6th P.M., at a point 2,680 feet from the north section line and 800 feet from the west section line. A well located in the SW1/4NW1/4, Section 36, Township 7 South, Range 88 West, 6th P.M., at a point 2,560 feet from the north section line and 500 feet from the west section line. - 19 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT ggg. A well located in the SW1/4NW1/4, Section 36, Township 7 South, Range 88 West, 6th P.M., at a point 2,150 feet from the north section line and 800 feet from the west section line. ii. Amount: 4.3 AF, 0.11 cfs iii. County: Garfield Contract No.: 3.3.5.369b, Corcillo/Pietsch Well i. Located in the NE1/4SE1/4, Section 21, Township 7 South, Range 87 West, 6th P.M., at a point 2,440 feet from the south section line and 1,310 feet from the east section line. ii. Amount 12.2 AF, 0.11 cfs iii. County: Garfield hhh. Contract No.: 3.3.5.370a, L&L, LLC Well i. Located in the NW1/4SE1/4, Section 21, Township 7 South, Range 87 West, 6th P.M., at a point 2,340 feet from the south section line and 1,980 feet from the east section line. ii. Amount: 12.2 AF, 0.11 cfs iii. County: Garfield iii. Contract No.: 3.3.5.371, Argento Holdings Well i. Located in the SE1/4NE1/4, Section 33, Township 7 South, Range 88 West, 6th P.M., at a point 1,950 feet from the north section line and 200 feet from the east section line. ii. Amount: 2.1 AF, 0.033 cfs iii. County: Garfield JJJ Contract No.: 3.3.5.372, Bowles Well i. Located in the NW1/4SW1/4, Section 8, Township 8 South, Range 86 West, 6th P.M., at a point 2,508 feet from the south section line and 83 feet from the west section line. ii. Amount: 5.2 AF, 0.11 cfs iii. County: Eagle kkk. Contract No.: 3.3.5.374a, TO Ranch HOA Wells i. CASE No. 01CW305 RULING 1 OF 2 TO Ranch Well No. 1A: Located in the NE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 600 feet from the north section line and 2,150 feet from the west section line. - 20 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT TO Ranch Well No. 2: Located in the NE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 642 feet from the north section line and 1,782 feet from the west section line. TO Ranch Well No. 3: Located in the NE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 675 feet from the north section line and 2,034 feet from the west section line. ii. Amount: 3.6 AF, 0.10 cfs iii. County: Garfield 111. Contract No. 3.3.5.377a, Colangelo, Haynes, Dolginow Well i. Located in the NE1/4NE1/4, Section 27, Township 7 South, Range 87 West, 6th P.M., at a point 1,150 feet from the north section line and 300 feet from the east section line. ii. Amount: 4.7 AF, 0.033 cfs iii. County: Eagle mmm Contract No.: 3.3.5.383, Blue Creek Land Holdings, LLC Wells i. CASE No. 01CW305 RULING 1 OF 2 A well located in the SW1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,616 feet from the east section line and 2,020 feet from the north section line. A well located in the SW1/4NE1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,648 feet from the east section line and 2,230 feet from the north section line. A well located in the SW1/4NE1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,410 feet from the east section line and 1,890 feet from the north section line. A well located in the SE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 1,937 feet from the west section line and 1,826 feet from the north section line. A well located in the SE1/4NW1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 1,940 feet from the west section line and 1,748 feet from the north section line. A well located in the SW1/4NE1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,318 feet from the east section line and 2,474 feet from the north section line. - 21 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT A well located in the SW1/4NE1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 2,094 feet from the east section line and 2,494 feet from the north section line. A well located in the NW1/4SE1/4, Section 31, Township 7 South, Range 87 West, 6th P.M., at a point 1,731 feet from the east section line and 2,243 feet from the south section line. ii. Amount: 34.2 AF, 0.220 cfs iii. County: Garfield nnn. Contract No.: 3.3.5.385, Swan Partners, LTD, Well i. Located in the SE1/4SE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 750 from the south section line and 800 feet from the east section line. ii. Amount: 7.5 AF, 0.056 cfs iii. County: Eagle 000. Contract No.: 3.3.5.387, Duncan Well (a.k.a. Red Canyon Users Well) i. Located in the SW1/4NW1/4, Section 26, Township 6 South, Range 89 West, 6th P.M., at a point 3,600 feet from the south section line and 4,300 feet from the east section line. ii. Amount: 0.8 AF, 0.056 cfs iii. County: Garfield PPP- qqq• Contract No.: 3.3.5.394a, Erdman Well i. Located in the SE1/4SE1/4, Section 28, Township 7 South, Range 87 West, 6th P.M., at a point 450 feet from south section line and 850 feet from the west section line. ii. Amount: 0.5 AF, 0.033 cfs iii. County: Garfield Contract No.: 3.3.5.396, Garfield County Well i. Located in the NW1/4NE1/4, Section 7, Township 7 South, Range 88 West, 6th P.M., 4,150 feet from south section line and 2,200 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Garfield rrr. Contract No.: 3.3.5.410, Rather Subdivision Wells i. CASE No. 01CW305 RULING 1 OF 2 Lot 1 Well: Located in the SW1/4SW1/4, Section 11, Township 8 South, Range 87 West, 6th P.M., at a point 740 feet from the south section line and 1,160 feet from the west section line. - 22 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT Lot 2 Well: Located in the SW1/4SW1/4, Section 11, Township 8 South, Range 87 West, 6th P.M., at a point 930 feet from the south section line and 770 feet from the west section line. Lot 3 Well: Located in the SE1/4SW1/4, Section 11, Township 8 South, Range 87 West, 6th P.M., at a point 620 feet from the south section line and 1,350 feet from the west section line. ii. Amount: 4.9 AF, 0.10 cfs iii. County: Eagle sss. Contract No.: 3.3.5.413, Cap K Ranch Well i. Located in the NW1/4NE1/4, Section 9, Township 8 South, Range 85 West, 6th P.M., at a point 650 feet from the north section line and 1,900 feet from the east section line. ii. Amount: 2.8 AF, 0.11 cfs iii. County: Eagle ttt. Contract No.: 3.3.5.414, Coffman Well No. 1 i. Located in the SE1/4SW1/4, Section 36, Township 7 South, Range 88 West, 6th P.M., at a point 650 feet from the south section line and 2,930 feet from the east section line. ii. Amount: 3.3 AF, 0.10 cfs iii. County: Garfield uuu. Contract No.: 3.3.5.416a, T. Ricket and Karen Miller Well i. Located in the NE1/4NE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 200 feet from the north section line and 200 feet from the east section line. ii. Amount: 1.9 AF, 0.033 cfs iii. County: Eagle vvv. Contract No.: 3.3.5.423b, Schwaller/Badgett Well (a.k.a. Keefauver Well) i. Located in the NE1/4SW1/4, Section 28, Township 7 South, Range 88 West, 6th P.M., at a point 1,960 feet from the south section line and 1,970 feet from the west section line. ii. Amount: 1.2 AF, 0.033 cfs iii. County: Garfield CASE No. 01CW305 RULING 1 OF 2 - 23 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT www. Contract No.: 3.3.5.425a, Aguilar Well i. Located in the SW1/4SE1/4, Section 28, Township 7 South, Range 87 West, 6th P.M., at a point 1,300 feet from the south section line and 2,420 feet from the east section line. ii. Amount: 1.6 AF, 0.033 cfs iii. County: Eagle xxx. Contract No.: 3.3.5.428, Slater Well i. Located in the NE1/4NE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 200 feet from the north section line and 600 feet from the east section line. ii. Amount: 1.7 AF, 0.033 cfs iii. County: Eagle Contract No.: 3.3.5.429, Schaeffer Well (a.k.a. Slater Subdiv. Lot 1 Well) i. Located in the NE1/4NE1/4, Section 33, Township 7 South, Range 87 West, 6th P.M., at a point 200 feet from the north section line and 800 feet from the east section line. ii. Amount: 1.0 AF, 0.033 cfs iii. County: Eagle zzz. Contract No.: 3.3.5.430, Coffman Well i. Located in the NE1/4SE1/4, Section 36, Township 7 South, Range 88 West, 6th P.M., at a point 1,625 feet from the south section line and 170 feet from the east section line. ii. Amount: 3.3 AF, 0.1 cfs iii. County: Eagle aaaa. Contract No.: 3.3.5.436, Bishop Well (a.k.a. DeWind Irrigation Well) i. Located in the NW1/4SE1/4, Section 27, Township 7 South, Range 87 West, 6th P.M., at a point 1,690 feet from the south section line and 1,535 feet from the east section line. ii. Amount: 16.6 AF, 0.167 cfs iii. County: Eagle bbbb. Contract No.: 3.3.5.437, Anderson Well i. Located in the NE1/4SW1/4, Section 29, Township 6 South, Range 88 West, 6th P.M., at a point 1,700 feet from the south section line and 1,500 feet from the west section line. ii. Amount: 0.5 AF, 0.033 cfs iii. County: Garfield CASE No. 01CW305 RULING 1 OF 2 - 24 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT cccc. Contract No.: 3.3.5.442, Kemp Well i. Located in the SE1/4SW1/4, Section 7, Township 8 South, Range 86 West, 6th P.M., at a point 750 feet from the south section line and 3,740 feet from the east section line. ii. Amount: 0.8 AF, 0.033 cfs iii. County: Eagle dddd. Contract No.: 3.3.5.447a, Blanchard Well (a.k.a. Adams PUD Lot 3 Well) i. Located in the NW1/4SW1/4, Section 2, Township 8 South, Range 86 West, 6th P.M., at a point 1,350 feet from the south section line and 1,300 feet from the west section line. ii. Amount: 1.4 AF, 0.033 cfs iii. County: Eagle eeee. Contract No.: 3.3.5.449, Bishop Well (a.k.a. Bishop Well No. 1) i. Located in the SE1/4SE1/4, Section 24, Township 6 South, Range 89 West, 6th P.M., at a point 1,200 feet from the south section line and 650 feet from the east section line. ii. Amount: 3.5 AF, 0.033 cfs iii. County: Garfield 4. Claims for Amendments to Previous Plans for Augmentation Covering Individual District Contracts a. Contract 3.3.5.07, H Lazy F Mobile Home Park Proposed Change: Applicant seeks an alternate point of diversion of the Basalt Conduit in the amount of 0.22 cfs (99 gallons per minute) to serve the H Lazy F Mobile Home Park (Contract No. 3.3.5.07) at any one or combination of the Heuschkel Well Nos. 1, 1A, 2 and at the Seigle Well No. 1. Heuschkel Well Nos. 1 and 2 were previously decreed as alternate points of diversion for the Basalt Conduit in Case No. 87CW155 in the amount of 0.22 cfs. The actual points of diversion of the Heuschkel Well Nos. 1 and 2 are not within 200 feet of the points decreed in 87CW155. Applicant seeks to correct the legal description of the Heuschkel Well Nos. 1 and 2 and to add the Heuschkel Well No. lA and the Seigle Well No. 1 as alternate points of 0.22 cfs of the Basalt Conduit. (Cumulative diversions under all 4 wells will not exceed the 0.22 cfs.) The said change of the Basalt Conduit and the plan for augmentation claimed herein for the H Lazy F Mobile Home Park, when decreed, will replace and supersede those provisions of the Case No. 87CW155 Decree relating to the mobile home park. i. The legal descriptions of the said wells are as follows: Heuschkel Well No. 1: Located in the SE1/4SE1/4, Section 1, Township 7 South, Range 89 West, 6th P.M., at a point 1,265 feet CASE No. 01CW305 - 25 - FINDINGS OF FACT, RULING OF REFEREE, RULING 1 OF 2 AND JUDGMENT AND DECREE OF WATER COURT from the east section line and 615 feet from the south section line of said Section 1. Heuschkel Well No. 1A: Located in the SE1/4SE1/4, Section 1, Township 7 South, Range 89 West, 6th P.M., at a point 880 feet from the east section line and 880 feet from the south section line of said Section 1. Heuschkel Well No. 2: Located in the SE1/4SE1/4, Section 1, Township 7 South, Range 89 West, 6th P.M., at a point 1,240 feet from the east section line and 475 feet from the south section line of said Section 1. Seigle Well No. 1: Located in the SE1/4SE1/4, Section 1, Township 7 South Range 89 West, 6th P.M., at a point 520 feet from the east section line and 775 feet from the south section line of said Section 1. ii. Amount: 0.22 cfs, 37.6 AF, cumulative for all 4 wells. iii. County: Garfield b. Contract No.: 3.3.5.111a. Graham and Linda Reed Well. The District Plan for Augmentation decreed in Case Nos. 98CW026 & 98CW089 (Consolidated) and held by the District included the domestic use for a well serving a single-family home, 5,000 square feet of landscape irrigation, and 2 head of livestock with an annual diversion of 0.65 AF and depletions of 0.31 AF per year. The well for the property was included in Case Nos. 98CW026 & 98CW089 as an alternate point of diversion for the Basalt Conduit for 0.033 cfs. The Reeds have since added a commercial use (a bed & breakfast). This commercial use has an average annual diversion of 0.70 AF per year and depletions of 0.11 AF per year. The well diversion rate of 0.033 cfs remains the same. A new alternate point of diversion is sought for this well because the original point of diversion did not include the commercial use. Augmentation for the current total of both domestic and commercial depletions will also be included in this plan for augmentation. When this plan for augmentation is decreed it will supersede the coverage under 98CW026 & 98CW089. An alternate point of diversion from the Basalt Conduit is required for the following: i. Reed Well: located in the SW1/4SE1/4, Section 2, Township 8 South, Range 86 West, 6th P.M., at a point 2,150 feet from the east section line and 820 feet from the south section line of said Section 2. ii. Amount: 1.4 AF, 0.033 cfs iii. County: Eagle CASE No. 01CW305 RULING 1 OF 2 - 26 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT 5. Name and address of owner of land upon which points of diversion and place of use of all the subject diversion structures are located: Based upon its contract and billing records, the District believes that the contractees for the above-described contracts are the owners or reputed owners of the above-described structures and the properties to be served by the subject diversion structures. Pursuant to C.R.S. § 37-92-302(3)(c)(I), the water clerk notified those persons identified in the list submitted as Exhibit B to the Amended Application. 6. Two of the above-described commercial/domestic wells may be located within 600 feet of other wells. The 2 wells are the Inverso Well (District Contract No. 3.3.5.316; existing well permit no. 86080) and the Terliamis/Shaw Well (District Contract Nos. 3.3.5.58 and 3.3.5.307; existing well permit no. 33633-F). In accordance with C.R.S. § 37-90- 137(2)(b)(I)(B), the District notified the record owners of wells that may be located within 600 feet of these 2 wells in advance of filing the original Application of this matter. Service was made more than 10 days before the filing of the Application at the addresses on record with the State Division of Water Resources. The proof of the certified mailing has been filed with the Court. 7. The District determined that all of the domestic wells described in paragraphs I.B.3.a through I.B.3.gq and I.B.4 are located more than 600 feet from any other well. The District did not evaluate the proximity of other existing wells to the wells described in paragraphs I.B.3.rr through I.B.3.eeee. 8. Maps (4 sheets in total) depicting the locations of all the above-described wells are attached as Exhibit A to this ruling and decree. 9. To prevent injury to other water rights, the District proposes the following terms and conditions for the requested change of water rights: a. The alternate points of diversion will be limited to those specifically described herein that are located in "Area A," which area generally can be described as portions of the mainstem areas of the Fryingpan and Roaring Fork rivers and the portions of those tributaries to these 2 rivers where the District's water rights provide a dependable legal supply for diversion at alternate points owned by its contractees or through augmentation of those alternate points, either directly or by exchange. b. All water service provided by the District under the change of the Basalt Conduit water right described herein shall be limited to the amount of water legally and physically available in priority at the original points of diversion, and the District, or those entitled to use the District's decrees, may not call on any greater amount at any new alternate point of diversion. The District shall account for all diversions under the Basalt Conduit water right under this plan for augmentation, any other District plan for augmentation approved by this Court, and also any plan for augmentation obtained by individuals and approved by this Court that includes the CASE No. 01CW305 RULING 1 OF 2 - 27 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT Basalt Conduit water right under contract with the District, in a manner acceptable to the Division of Water Resources as necessary to demonstrate compliance with this restriction. c. The District, or those entitled to use its decrees, may call on any additional sources of supply that may be available at an alternate point of diversion exercised under the subject change of water rights and subject exchanges, but not available at the original decreed point of diversion, only as against water rights which are junior to the date of the subject exchanges. d. In order to determine when the Basalt Conduit water right is in priority, and in what amount, it is necessary to distinguish inflow to Ruedi Reservoir that is delivered at the outlet of Ruedi Reservoir under the Basalt Conduit priority from water released from Ruedi Reservoir for other purposes, and to account as well for water lost in storage to evaporation. The following 5 demands for water at the outlet of Ruedi Reservoir prevent diversion of inflow passed through the reservoir under the Basalt Conduit water right: (i) Surface evaporation from the reservoir; (ii) "Inflow bypass" to maintain the minimum stream flow below the junction of Rocky Fork Creek and the Fryingpan River, which is 39.0 cfs from November 1 through April 30 and 110.0 cfs from May 1 through October 30; (iii) Releases from Ruedi Reservoir in excess of "inflow bypass" to make replacements for Fryingpan-Arkansas Project diversions; (iv) Releases from Ruedi Reservoir in excess of "inflow bypass" for purposes of satisfying west slope water contractee deliveries; and (v) Releases from Ruedi Reservoir in excess of "inflow bypass" for the purpose of release under the Permanent Recovery Program to downstream threatened and endangered fish species in the 15 Mile Reach ("5+5 Water"). The following formula summarizes these demands. The District shall continuously use this formula, or such other formula as is demonstrated appropriate by the Division of Water Resources, for purposes of determining when water is in priority under the Basalt Conduit water right, and in what amount. Inflow(1) — Evaporation(2) — Inflow Bypass(3) — Fry.Ark Replacement(4) — Contract Release(5) — (5+5 Water)(6) = Supply Available to the Basalt Conduit Priority (1) Inflow to Ruedi Reservoir after upstream diversions by Fryingpan-Arkansas Collection System. (2) Evaporation calculated based on daily reservoir content and surface area. (3) Amount of inflow bypassed when Ruedi Reservoir is out -of -priority, plus inflow bypass to maintain 39/110 cfs instream flow requirements (4) Replacement of out -of -priority Fryingpan-Arkansas diversions. (5) Contract water releases, generally during a Cameo call (6) "5+5" obligation releases of 5,000 AF every year, and an additional 5000 AF in 4 out of 5 years. e. Exercise of the alternate points of diversion at wells will require issuance of permits by the State Engineer pursuant to C.R.S. § 37-90-137(2). Totalizing flow meters shall be installed by each well user as a condition of diverting at the well, CASE No. 01CW305 RULING 1 OF 2 - 28 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT except for ponds or other structures that expose groundwater and which are administered as wells. All out -of -priority lagged depletions resulting from operation of the alternate points of diversion are intended to, and will, be replaced under this plan for augmentation. f. The cumulative total diversions and depletions under the Basalt Conduit water right, which is a conditional water right as to the portions changed herein, shall be limited to its contemplated draft at its original and at all alternate points of diversion approved in this case or in any other case wherein this right was changed. The District has conducted an analysis of the contemplated draft for the Basalt Conduit, which is on file in this matter. This analysis demonstrates that the Basalt Conduit water right was contemplated to divert up to 15,800 AF per year, and to consume up to 5,620 AF of that total diversion amount when applied to irrigation and domestic uses through commonly -used methods. The Basalt Conduit was also decreed for other more consumptive -uses, like industrial, and all the contemplated uses will be limited within the 15,800 AF of diversions and 5,620 AF of depletions. As of November 30, 2010, the District serves 322 contracts through plans for augmentation decreed in 87CW155, 93CW319, 98CW26/98CW89 (Consolidated), and through its approved substitute supply plan, which includes the contracts in this case. The total annual diversion of those 322 contracts is limited to 2,717.81 AF annually, with resulting depletions limited to 961.29 AF. This is well within the contemplated draft of the Basalt Conduit water right, and the Court concludes that the change proposed herein will not result in an expansion of the water right. The District shall continue to account for the amount of the Basalt Conduit water right dedicated to its contracts and shall not contract to simultaneously deliver an amount that exceeds the contemplated draft for annual diversions or depletions as determined herein. C. CLAIM FOR APPROVAL OF PLAN OF AUGMENTATION, INCLUDING ABSOLUTE RIGHT OF EXCHANGE 1. Structures to be augmented: The wells, springs and surface diversions described in paragraphs I.B.3 and I.B.4, above, and the following structure listed in paragraphs I.C.1.a., below, will be augmented under the requested plan for augmentation. The augmented structure listed in paragraph I.C.1.a., below, will not be made an alternate point of diversion of the Basalt Conduit. a. Contract No. 3.3.5.107a, Contract No. 3.3.5.334, and Contract 3.3.5.420, Antonides Well (a/k/a Mid Valley Well No. 2): i. Located in the NW1/4SE1/4, Section 28, Township 7 South, Range 87 West, 6th P.M., at a point whence the North quarter corner of said Section 28 bears N. 00 degrees 41'30" W. 3984.75 feet. ii. Amount: 3.90 AF, 0.33 cfs iii. County: Eagle CASE No. 01CW305 RULING 1 OF 2 - 29 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT b. Remarks: This well was adjudicated a water right in the amount of 0.33 cfs for domestic and irrigation in Case No. W-1159, with a date of appropriation and priority date of June 6, 1968 by decree entered April 10, 1973. ii. The diversion rate under this plan for augmentation will not exceed the 0.33 cfs already decreed. iii. The purpose of the subject plan for augmentation is to augment the uses of the well with water allotted under Contract Nos. 3.3.5.107a, 3.3.5.334, and 3.3.5.420. Contract 3.3.5.420 was listed separately from Contract Nos. 3.3.5.107 and 3.3.5.334, but the 3 contracts benefit the same structure and the points identified in the separate legal descriptions provided within the application are within 200 feet of each other. 2. Water Rights to be Used for Augmentation: Ruedi Reservoir, Green Mountain Reservoir, Troy & Edith Ditch, Robinson Ditch, Favre Domestic Pipeline a. Information From Previous Decrees for Ruedi Reservoir: i. Source: Fryingpan River, tributary to Roaring Fork River, tributary to Colorado River. ii. An on -channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. iii. Adjudication Date: June 20, 1958 iv. Appropriation Date: July 29, 1957 v. Case No.: C.A. 4613 Court: Garfield County District Court vi. Decreed Amount: 102,369 AF (Originally decreed for 140,697.3 AF; reduced to 102,369 AF in Case No. W-789-76). The full amount was made absolute in Case No. 88CW85. vii. Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering viii. By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF, conditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute. CASE No. 01CW305 RULING 1 OF 2 - 30 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT b. Information From Previous Decree for Green Mountain Reservoir: i. Source: Blue River, tributary of Colorado River ii. Located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. iii. Adjudication Date: October 12, 1955 iv. Appropriation Date: August 1, 1935 v. Case Nos.: 2782, 5016, and 5017 Court: United States District Court, District of Colorado vi. Decreed Amount: 154,645 AF vii. Decreed Uses: In accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. CASE No. 01CW305 RULING 1 OF 2 -continued next page- - 31 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT c. Information From Previous Decrees for Troy Ditch and Edith Ditch Rights: STRUCTURE PRIORITY COURT CASE NO. ADJ DATE APP DATE DECREED AMOUNT (CFS) USE (4) AMOUNT SOLD, TRANSFERRED OR RESERVED AMOUNT REMAINING (10) (5) (6) (7) (8) (9) CFS AF Troy Ditch (I) 370 3082 08/25/1936 05/01/1906 5.10 1 0.000 0.000 0.095 0.064 0.035 4.906 N/A Troy Ditch 1st Enlg 427 3082 08/25/1936 05/01/1928 10.80 1 0.000 0.000 0.200 0.134 0.073 10.393 N/A Troy Ditch 2nd Enlg 669 4613 06/20/1958 06/01/1942 6.20 I 0.000 0.000 0.115 0.077 0.042 5.966 N/A Edith Ditch 353 3082 08/25/1936 05/01/1904 2.72 1 0.110 0.1320 0.050 0.000 0.018 2.410 N/A Edith Ditch 1st Enlg 673 4613 06/20/1958 07/01/1946 3.23 I 0.000 0.000 0.060 0.000 0.022 3.148 N/A Troy Ditch Water System a.k.a Lower Headgate (2) W-2281 15.50(3) I,D,M C,P 0.110 0.1320 0.520 0.275 0.190 14.273 412.89 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River. Alternate point for all priorities of Troy and Edith Ditches. Combined amount limited to 15.5 cfs and 453 AF of consumptive -use, 300 AF of which can be stored. I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. Transferred to Edith Ditch Well in Case No. 80CW 1 with 1.0 AF. Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores plan for augmentation. Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 AF of annual consumptive -use credits were available to these ditches, and that 300 AF could be stored in an unnamed reservoir. Applicant owns 412.89 AF of the 453 AF, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. This Court changed the use of the 412.89 AF to include augmentation and exchange in Case Nos. 98CW26 and 98CW89 (Consolidated). The Troy and Edith augmentation water can be delivered to the Fryingpan, Roaring Fork or Colorado rivers by bypassing water at the headgate on the Fryingpan River. CASE No. 01CW305 RULING 1 OF 2 - 32 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT d. Information From Previous Decrees for Robinson Ditch Rights: STRUCTURE DECREED AMOUNT/ Cfs AMOUNT OWNED BY DISTRICT (cfs)111 ADJ. DATE APP. DATE PRIORITY CASE NO. (2) ROBINSON DITCH 5.00 1.21 05/11/1889 06/15/1882 38 132 ROBINSON DITCH 2.50 0.60 05/11/1889 04/15/1886 140 132 ROBINSON DITCH 2.00 0.48 05/11/1889 11/15/1886 167 132 ROBINSON DITCH 10.70 2.59 12/29/1903 04/25/1899 212C 1061 ROBINSON DITCH 20.06 4.85 08/25/1936 04/25/1900 326 3082 (1) The District owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. 2) District Court in and for Garfield County i. Legal Description: The point of diversion, as decreed, is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, Township 8 South, Range87 West, 6th P.M. ii. Historical Use: Irrigation of approximately 137.2 acres of hay and pasture under the District's interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 AF of annual consumptive - use credits are associated with said irrigation. In that case, the Court also decreed a change of use of the District's Robinson Ditch rights to include augmentation. The District makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court, and such credits have been so used by District contractees pursuant to Court decrees and approved substitute supply plans. CASE NO. 01CW305 RULING 1 OF 2 -continued next page- - 33 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT e. Information from previous decrees for Favre Domestic Pipeline: STRUCTURE AMOUNT' ADJ. DATE APP. DATE PRIORITY CASE NO.2 FAVRE DOM. 0.50 06/20/1958 08/11/1937 649 4613 PL. SP. NO. 1 FAVRE DOM. PL. SP. NO. 2 0.50 06/20/1958 04/15/1912 666 4613 (1) Amount: Each spring 's decreed for 0.50 cfs but the use of both has a combined limit of 0.50 cfs. (2) District Court in and for Garfield County Legal Description: (1) Favre Domestic Pipeline - Spring No. 1: Located at a point whence the E1/4 corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 34 degrees 26' East, 890.9 feet. (2) Favre Domestic Pipeline - Spring No. 2: Located at a point whence the E1/4 corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 37 degrees 24' East 721.4 feet. ii. Source: Blue Creek, which is tributary to Roaring Fork River iii. Decreed Use: Domestic and augmentation iv. Historical Use: The District owns the Favre Domestic Pipeline rights. The springs historically provided a majority of the domestic water supply for El Jebel, a community of 364 Equivalent Residential Unit ("EQRs"), consisting of 291 single-family residential units, irrigation of 12.5 acres of lawn and landscape, and commercial development. In Case No. 93CW319, the Court decreed that 142.82 AF of historical consumptive -use credits were available to Blue Creek as a result of such historical use; and that 67.2 AF of historical consumptive -use credits were available to the Roaring Fork River as a result of such historical use. In 93CW319, the Court also decreed a change of use of said credits to include augmentation. The District makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. 3. Statement of Plan for Augmentation: a. Applicant requests approval of a plan for augmentation, including exchange, to augment out -of -priority depletions, or diversions if necessary, by the Basalt Conduit or other enumerated water rights operated under this decreed plan for augmentation, at the CASE No. 01CW305 RULING 1 OF 2 - 34 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT alternate points of diversion and other structures described above (see paragraphs I.B.3., I.B.4., and I.C.1.), which points of diversion and structures are all within Area A of the District or areas which would be designated Area A by definition. Area A encompasses those regions that are located near the Fryingpan or Roaring Fork rivers, or on tributary creeks, where the District's water rights provide a dependable legal supply for diversion at alternate points owned by its contractees or through augmentation of those alternate points, either directly or by exchange. The structures will be augmented year-round by consumptive -use credits under the Troy and Edith Ditch and the Robinson Ditch (for irrigation season replacement), consumptive -use credits under the Favre Domestic Pipeline (for year-round replacement of depletions to Blue Creek), and releases from Ruedi Reservoir and/or Green Mountain Reservoir (typically for non -irrigation season replacement). Eighty- eight contracts associated with 138 wells, 6 surface diversions, and 1 spring are included in the plan for augmentation approved in this Ruling 1 of 2. Of these contracts, 74 are classified as domestic contracts (which include, as applicable, domestic, lawn and garden irrigation, and livestock watering), 8 are classified as domestic/commercial use contracts (having both domestic and commercial components for 1 or more structures), 5 are classified as solely commercial use contracts, and 1 is classified as an industrial use contract. b. Except for the well described in paragraph I.C.1.a., the structures to be augmented will divert as alternate points of diversions of the Basalt Conduit priority. Only when the Basalt Conduit, or the individual water right described in paragraph I.C.1.a, is out of priority will augmentation be required. c. Twenty-three of the subject structures are located in the Missouri Heights area and are considered tributary to Blue Creek for purposes of this plan for augmentation. In Case No. 93CW319, this Court approved the use of the District's Robinson Ditch and Favre Domestic Pipeline rights for augmentation of Blue Creek, and quantified the excess Robinson Ditch and Favre Domestic Pipeline consumptive -use credits remaining available for augmentation under the District's augmentation program. Robinson Ditch credits will be used to augment the 25 Missouri Heights structures during the irrigation season. The Favre Domestic Pipeline credits may be used to provide a year-round augmentation supply for the Missouri Heights structures. During the non -irrigation season, primarily, out -of -priority depletions from the Missouri Heights structures may also be augmented by releases from Ruedi Reservoir and/or Green Mountain Reservoir, which also are available year-round. A summary of the combined monthly total diversions, and projected depletions and replacements, for the Missouri Heights structures is shown in Table 1 below. The projected annual total diversions from these structures are 87.01 AF, and the projected annual total depletion associated with these structures is 56.05 AF. CASE No. 01CW305 RULING 1 OF 2 - 35 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT TABLE 1 BLUE CREEK AUGMENTATION SCHEDULE (ALL VALUES IN AF) Month Total Diversions Stream Depletions to Blue Creek Augmentation Schedule Favre Dom. Pl. Robinson Ditch Ruedi & Green Mtn. Res. (1) (2) (3) (4) (5) January 1.81 4.65 4.65 0 0 February 1.61 4.71 4.71 0 0 March 1.81 4.71 4.71 0 0 April 2.69 4.71 4.71 4.71 0 May 14.47 4.71 4.71 0 0 June 18.37 4.71 4.71 2.35 0 July 17.34 4.65 4.65 4.65 0 August 11.43 4.65 4.65 4.30 0.35 September 10.15 4.65 4.65 4.29 0.36 October 3.79 4.65 4.65 0 4.65 November 1.74 4.60 4.60 0 0 December 1.81 4.65 4.65 0 0 Total 87.01 56.05 56.05 20.30 5.36 Column (1) Stream diversions from Blue Creek area Column (2) Stream depletions from Blue Creek area Column (3) Favre Domestic Pipeline excess consumptive -use credits available to Blue Creek; Case No. 93CW319 Column (4) Robinson Ditch excess consumptive -use credits from Case No. 93CW319, and applied to this plan. Column (5) Ruedi Reservoir and/or Green Mountain Reservoir releases under contract with US Bureau of Reclamation ("USBOR") d. Thirteen commercial wells and 5 industrial surface diversions are included in this plan for augmentation. During the irrigation season, the out -of -priority depletions, or diversions if necessary, associated with these commercial and industrial well and surface diversions will also be augmented by Robinson Ditch consumptive -use credits, which are senior to the Cameo Call. During the non -irrigation season, any out -of -priority depletions, or diversions if necessary, associated with these diversions will be augmented by releases from Ruedi Reservoir and/or Green Mountain Reservoir. A summary of the combined monthly total diversions, and projected stream depletions and replacements, for these commercial and industrial contracts is contained in Table 2 below. The projected annual total diversions are 16.40 AF, and the projected annual depletion is 5.44 AF. CASE No. 01CW305 RULING 1 OF 2 - 36 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT TABLE 2 COMMERCIAL & INDUSTRIAL AUGMENTATION SCHEDULE (ALL VALUES IN AF) Month Total Diversions (1) Stream Depletions Augmentation Schedule Commercial Wells (2) Industrial Surface Div. (3) Total Depletions (4) Robinson Ditch (5) Ruedi & Green Mtn. Res. (6) January 1.17 0.26 0.00 0.26 0.00 0.00 February 1.16 0.25 0.00 0.25 0.00 0.00 March 1.17 0.24 0.00 0.24 0.00 0.00 April 1.17 0.25 0.00 0.25 0.25 0.00 May 1.25 0.29 0.00 0.29 0.00 0.00 June 1.77 0.32 0.50 0.82 0.41 0.00 July 1.75 0.34 0.50 0.84 0.84 0.00 August 1.73 0.33 0.50 0.83 0.00 0.83 September 1.71 0.32 0.50 0.82 0.00 0.82 October 1.18 0.30 0.00 0.30 0.00 0.30 November 1.16 0.28 0.00 0.28 0.00 0.00 December 1.17 0.27 0.00 0.27 0.00 0.00 Total 16.40 3.44 2.00 5.44 1.50 1.95 Column (1) Column (2) Column (3) Column (4) Column (5) Column (6) Total commercial and industrial stream diversions Commercial stream depletions from wells; no commercial surface diversions in this POA. Industrial stream depletions Total commercial and industrial depletions. Column (2) + Column (3) Robinson Ditch excess consumptive -use credits from Case No. 93CW319, and applied to this plan. Ruedi Reservoir and/or Green Mountain Reservoir releases under contract with USBOR e. All of the other depletions will be augmented during the irrigation season by the Troy and Edith Ditch consumptive -use credits and by releases from Ruedi Reservoir and/or Green Mountain Reservoir during the non -irrigation season. This category of structures also includes the wells to serve the H Lazy F Mobile Home Park (the wells are described in more detail in paragraph I.B.4.a above). Ninety-six residential units within the mobile home park are covered under this plan for augmentation. The projected diversion requirement for the mobile home park is 37.63 AF per year and the projected depletion is 1.98 AF per year. The subject plan for augmentation supersedes the plan for augmentation decreed for the H Lazy F Mobile Home Park in Case No. 87CW155. A summary of the combined monthly total diversions, and projected depletions and replacements, for the contracts that will be augmented by the combination of Troy and Edith Ditch credits and reservoir releases is shown in Table 3 below; the total projected annual diversion requirement for these contracts is 263.50 AF, and the total projected annual depletions are 101.47 AF. CASE No. 01CW305 RULING 1 OF 2 - 37 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT TABLE 3 DOMESTIC AUGMENTATION SCHEDULE (ALL CONTRACTS NOT TRIBUTARY TO BLUE CREEK) (ALL VALUES IN AF) Month Total Diversions (1) Stream Depletions Augmentation Schedule Domestic Wells (2) Domestic Surface Div. (3) Total Depletions (4) Troy & Edith Ditch (5) Ruedi & Green Mtn. Res. (6) January 14.20 6.37 0.08 6.45 0.00 0.00 February 12.91 6.34 0.08 6.41 0.00 0.00 March 14.44 6.30 0.08 6.38 0.00 0.00 April 16.89 6.61 0.16 6.78 0.00 6.78 May 32.01 9.01 0.90 9.91 0.00 0.00 June 36.64 10.71 1.15 11.86 5.93 0.00 July 35.99 10.90 1.08 11.99 11.99 0.00 August 28.59 9.81 0.72 10.53 10.53 0.00 September 25.72 9.25 0.62 9.88 9.88 0.00 October 18.09 7.68 0.22 7.90 0.00 7.90 November 13.86 6.73 0.08 6.81 0.00 0.00 December 14.16 6.49 0.08 6.57 0.00 0.00 Total 263.50 96.19 5.27 101.47 38.32 14.68 Column (1) Domestic stream diversions not tributary to Blue Creek Column (2) Domestic stream depletions not tributary to Blue Creek Column (3) Domestic stream depletions not tributary to Blue Creek Column (4) Total domestic stream depletions not tributary to Blue Creek. Column (2) + Column (3) Column (5) Troy and Edith Ditch excess consumptive -use credits from Case No. 98CW089, and applied to this plan. Column (6) Ruedi Reservoir and/or Green Mountain Reservoir releases under contract with USBOR f. In preparing this plan for augmentation, the District used engineering assumptions consistent with the District's prior augmentation decrees in Case Nos. 87CW155, 93CW319, and 98CW29 and 98CW89 (Consolidated). A summary of the assumptions used in the water requirements calculations is set forth below. CASE No. 01CW305 RULING 1 OF 2 Domestic in house use in single family residences will be calculated as 1.0 EQR, which is calculated as 3.5 persons using 100 gallons per person, per day. Domestic use in apartment and mobile home units will be calculated as 0.75 EQR per unit. Most of the water used in- house will return to the stream system following wastewater treatment. The consumptive -use expressed as a percent of water diverted is assumed to be 5.0% for water treated through a central treatment system, 15.0% for water treated through a septic tank and leach field system, and 100% for water treated through an evaporative system. - 38 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT ii. Irrigation water requirements and consumptive -use will be estimated using the Blaney-Criddle method as identified by the SCS in Technical Release No. 21 (1970). This method uses monthly temperatures and duration of daylight hours to estimate consumptive -use. The necessary climatological data is obtained from the Glenwood Springs and Aspen weather stations. Relationships between elevation, precipitation and temperature have been defined for the Roaring Fork Valley. Because of the generally high elevation of the valley, the Blaney-Criddle monthly consumptive -use crop coefficients are adjusted as recommended in the USDA Agricultural Research Services report "Water Use by Native Grasses in High Altitude Colorado Meadows." Once the crop and/or lawn consumptive -use is determined, total diversion requirements will be calculated based upon expected application rates for the different irrigation methods. The application rate for sprinkler irrigation is assumed to be 1.25 times the consumptive -use rate (80% efficient) and the application rate for flood irrigation is assumed to be 3.33 times the consumptive -use rate (30% efficient). iii. Livestock requires approximately 11 gallons of water per day per animal. This water use is considered 100% consumptive. iv. Commercial uses will be calculated on an individual basis using specific water use data if available or EQR ratings (e.g., based on type of commercial use and size of facility). The standard EQR equivalent rating for: office use is 0.60 EQR per 1,000 square feet; warehouse use is 0.30 EQR per 1000 square feet; and retail sales is 0.60 EQR per 1,000 square feet. v. Industrial use rates are calculated on an individual basis using specific water data for the intended use. vi. Surface evaporation, for contracts with ponds or water surfaces, is calculated monthly. To accomplish this, gross annual evaporation is calculated from NOAA Technical Report NWS 33, Evaporation for the Contiguous 48 United States, using the isopleths of annual shallow lake evaporation for the State of Colorado. The gross annual evaporation is distributed on a monthly basis according to the General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the State Engineer Pursuant to SB -120 and SB93-260. Per the State Engineer's Policy No. 2004-3, no adjustment for CASE No. 01CW305 RULING 1 OF 2 - 39 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT effective precipitation is made for ponds that are located outside of the channel of a natural stream. g. The District will account for delayed depletions with respect to any well that will be authorized for diversion under this plan for augmentation. This Court, in its decree in Case No. 87CW155 (a previous District plan for augmentation), established 6 categories of wells (identified below as categories A—F) within the District's augmentation program, each with different groundwater parameters based on geological conditions and location relative to the stream system. Each of these 6 well categories is defined and evaluated by its aquifer type (either alluvial or rock formation) and its distance from the tributary stream it first impacts. The aquifer characteristics of each category are based on relevant well -log information and best engineering judgment. The District completed a Glover analysis and determined the delayed stream depletion impacts for each of the 6 well categories. The Glover analysis was performed using standardized, seasonally distributed, diversion rates to determine the delayed stream depletion impact and monthly distribution of the delayed depletion (expressed as a ratio to total annual depletions) of wells within that category. The Glover analysis results for each of these 6 well categories was compared to Glover analyses performed on existing wells that fall within these 6 categories in order to evaluate their accuracy. These comparisons reveal that the Glover analysis results for each of the 6 well categories provide a reliable and appropriate means for evaluating delayed depletions for actual wells falling within the 6 categories. A summary of each well category and its characteristics is contained in Table 4 below. As used in this table, transmissivity ("T") is the measure of how much water can be transmitted horizontally from the stream to the pumping well, measured in gallons per day per foot of distance from the stream. As used in the table, storativity ("S") is a ratio measurement of the volume of water released from storage per unit area of the subject aquifer. CASE No. 01CW305 RULING 1 OF 2 - 40 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT Table 4 Well Categories A—F Well Category Category Description A Alluvial wells less than 1000 feet from the stream T = 100,000 gallons per day per foot ("GPD/FT") S = 0.20 B Alluvial wells greater than 2000 feet from the stream T = 50,000 GPD/FT S = 0.20 C Alluvial wells between 1000 feet and 2000 feet from the stream T = 100,000 GPD/FT S = 0.20 D Formation wells between 1000 feet and 3000 feet from the stream T = 5000 GPD/FT S=0.15 E Formation wells greater than 3000 feet from the stream T = 5000 GPD/FT S=0.10 F Formation wells less than 1000 feet from the stream T = 5000 GPD/FT S=0.10 CASE No. 01CW305 RULING 1 OF 2 - 41 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT The monthly distribution of the delayed depletions, expressed as a ratio to total annual depletions, for each of the 6 well categories as decreed in Case No. 87CW155, is set forth in Table 5 below. TABLE 5 DISTRIBUTION OF DELAYED DEPLETIONS BY CATEGORY Month Well Groups A B C D E F Nov 0.058 0.089 0.072 0.087 0.082 0.086 Dec 0.057 0.086 0.063 0.088 0.083 0.082 Jan 0.057 0.082 0.059 0.085 0.083 0.079 Feb 0.057 0.080 0.057 0.084 0.084 0.077 Mar 0.057 0.077 0.056 0.083 0.084 0.075 Apr 0.062 0.076 0.061 0.082 0.084 0.074 May 0.108 0.076 0.085 0.081 0.084 0.076 Jun 0.134 0.080 0.112 0.080 0.084 0.082 Jul 0.132 0.085 0.123 0.081 0.083 0.090 Aug 0.108 0.089 0.116 0.081 0.083 0.094 Sep 0.100 0.090 0.106 0.083 0.083 0.094 Oct 0.070 0.090 0.090 0.085 0.083 0.091 Total 1.00 1.00 1.00 1.00 1.00 1.00 The delayed depletions for any well operated pursuant to this plan for augmentation shall, when possible, also be determined according to these 6 categories established by decree in Case No. 87CW155. If, for any reason, including replacement or deepening of a well or change in hydrologic conditions, an individual well does not operate within the parameters of 1 of these 6 categories, an individual lagged -depletion analysis will be performed for said well. The District has placed the wells included in this plan for augmentation into 6 of the well categories established in Case No. 87CW155, based on the known information for each well and the various category criteria. Using the respective Glover analysis for each category, the District will apply the delayed impact distribution to the monthly depletions for the wells to determine a monthly stream depletion table by well category for the structures augmented under this plan. Stream depletions from some wells are expected to be delayed significantly, but the depletions are expected to reach a steady state. Other wells are completed in alluvial formations close to the Fryingpan or Roaring Fork rivers and will have little or no delayed impact. The depletion and replacement schedules set forth in Tables 1-3 above, and in Table 6 below, reflect lagged depletions determined using the delayed depletion factors summarized in Tables 4 and 5. h. Previous studies completed by the District in support of its plans for augmentation in Case Nos. 87CW155 and 93CW319 resulted in a finding that during future CASE No. 01CW305 RULING 1 OF 2 - 42 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT dry years (reoccurrence of 1 year in 50 years), the Basalt Conduit water right will be out of priority from mid-June through mid-October. A call could also be in effect in April. No calls are expected to be placed upon the Basalt Conduit (including at the alternate points of diversion decreed herein) during the remainder of the year. In preparing this plan for augmentation, however, the District has allotted sufficient water to replace all depletions resulting from its contractees' diversions as if those diversions will be out -of -priority year round. Only out -of -priority depletions, or diversions if necessary, shall be required to be replaced under this plan for augmentation. i. A summary of the combined monthly total diversions, and projected depletions and replacements, for all augmented structures, accounting for delayed stream depletions, and the projected augmentation schedule, are set forth in Table 6 below. TABLE 6 COMBINED MONTHLY STREAM DIVERSIONS, DEPLETIONS, AND DELAYED STREAM DEPLETIONS FOR ALL STRUCTURES (ALL VALUES IN AF) Month Total Diversions (1) Stream Depletions (2) Delayed Stream Depletion (3)* Augmentation Schedule Favre Dom Pipeline (4) Robinson Ditch (5) Troy & Edith Ditch (6) Ruedi & Green Mtn. Res. (7) Total (8) January 17.18 2.83 11.36 4.65 0.00 0.00 0.00 4.65 February 15.68 2.61 11.37 4.71 0.00 0.00 0.00 4.71 March 17.42 3.55 11.33 4.71 0.00 0.00 0.00 4.71 April 20.75 6.05 11.73 4.71 4.95 0.00 6.78 16.44 May 47.73 26.11 14.91 4.71 0.00 0.00 0.00 4.71 June 56.78 34.10 17.39 4.71 2.77 5.93 0.00 13.40 July 55.07 32.46 17.48 4.65 5.49 11.99 0.00 22.13 August 41.75 23.05 16.01 4.65 4.30 10.53 1.18 20.66 September 37.59 19.17 15.35 4.65 4.29 9.88 1.19 20.00 October 23.07 7.47 12.85 4.65 0.00 0.00 12.85 17.50 November 16.77 2.81 11.69 4.60 0.00 0.00 0.00 4.60 December 17.13 2.75 11.49 4.65 0.00 0.00 0.00 4.65 Total 366.91 162.96 162.96 56.05 21.80 38.32 21.99 138.16 Column (1) Total stream diversions. Column (2) Total stream depletions. Column (3) * Delayed stream depletions are associated with wells only. Surface diversions are instantaneous and have no delayed impact. Column (4) Favre Domestic Pipeline excess consumptive -use credits available to Blue Creek from Case No. 93CW319. Column (5) Robinson Ditch excess consumptive -use credits from Case No. 93CW319. Applied to 01 CW305 Lower Reach. Column (6) Troy and Edith Ditch excess consumptive -use credits from Case No. 98CW089. Applied to 01CW305 Lower Reach. Column (7) Ruedi Reservoir and/or Green Mountain Reservoir releases under contract with USBOR. Column (8) Total amount applied for dry year augmentation (assumed call). CASE No. 01CW305 RULING 1 OF 2 - 43 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT j. When the Division of Water Resources recognizes and enforces an administrative call against the Basalt Conduit water right or the individual water right described in paragraph I.C.1.a, out -of -priority depletions, or diversions if necessary, at the alternate points of the Basalt Conduit decreed herein or the individual water right described in paragraph I.C.1.a will be augmented, directly or by exchange, using the replacement supplies identified in paragraph I.C.2 above. The particular replacement supply from among these options will be chosen in accordance with the location of the administrative call in order to replace depletions in time, place, and amount. The District shall consult with the Division of Water Resources as required by the Division Engineer to identify the appropriate source of replacement water in each instance. k. The District determines the maximum potential individual and cumulative diversions and depletions for its contract allottees on a monthly and annual basis using calculated water diversion and depletion data prepared by the District's engineer for each contract allottee's uses. This data is and shall continue to be verified by the District against actual diversion records compiled by the District's contract allottees and submitted to the District and to the Division of Water Resources as requested. This information is, and shall continue to be, maintained in a database, which allows the District to sort and access information to determine how much water is being diverted and depleted by its contract allottees. 1. The District uses the data, described in subparagraph I.C.3.k above, to determine the amount and timing of replacement releases under this plan for augmentation. When an administrative call is recognized and enforced, the District identifies out -of -priority diversions through this database and replacement releases are made available under the District's replacement supplies in amounts necessary to replace the out -of -priority depletions associated with those diversions, or the out -of -priority diversions themselves if necessary to prevent injury. This practice will result in replacement of the maximum out -of -priority diversion or depletion amount, as appropriate to prevent injury, for each of the District's contract allottees. m. Nothing herein, however, prohibits the District from determining the amount and timing of replacement releases using actual diversion records, provided that the District first provides notice of its intent to operate in this manner to the Division Engineer and all parties to this case, and provided further that the District shall submit to the Division Engineer (and any party who requests a copy) on or before the 15th day of each month a report showing the diversions, depletions and replacements made under this plan during the previous month. The purpose underlying this subparagraph I.C.3.m. is to allow the District, if it elects, to adopt new technology to support "real time" accounting under this plan for augmentation in the event that such technology becomes attainable by the District in the future. CASE No. 01CW305 RULING 1 OF 2 - 44 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT n. Replacement releases made using decreed quantified consumptive -use credits in the District's water rights are already within the stream pursuant to those original decrees, and are accounted for accordingly. Replacement releases made from Green Mountain Reservoir and Ruedi Reservoir pursuant to contracts between the District and the U.S. Bureau of Reclamation are administered by the Division Engineer in consultation with the U.S. Bureau of Reclamation, which operates these reservoirs. The District annually provides, and updates as necessary, anticipated monthly replacement release schedules for the upcoming year to the Bureau of Reclamation under the District's supply contracts for Green Mountain Reservoir and Ruedi Reservoir to supplement the District's other water rights identified in paragraph 1.C.2. above. The District does, and shall continue to, account for the diversions and depletions under the subject plan for augmentation to the Division of Water Resources, as required to administer the District's augmentation program. The District will ensure that the total out -of -priority depletions, or out -of -priority diversions themselves if necessary to prevent injury, under the subject plan for augmentation and prior decreed plans for augmentation involving the District's water rights will not exceed the replacement water available to the District, and will provide evidence of this ongoing accounting to the Division of Water Resources as requested. o. The substituted replacement water shall be of a quality and quantity so as to meet the requirements for which the water diverted by the senior appropriator has normally been used, and the Court finds based on the evidence provided herein that it will be so. 4. Absolute Exchange. The District seeks absolute rights of appropriative exchange to the extent that any augmentation replacement is introduced to the river system at a point downstream of the structures to be augmented under this plan for augmentation. During periods when the District's Basalt Conduit water rights are out of priority, an appropriative exchange will allow District contractees to continue diversions at their respective points of diversion. The District will augment its contractees' out -of -priority depletions with consumptive -use credits under its Troy and Edith Ditch, Robinson Ditch, and Favre Domestic Pipeline water rights, or through releases of water from Ruedi Reservoir or Green Mountain Reservoir under its contracts with the Bureau of Reclamation. a. Exchange Reach Description: There are different exchange reaches for each replacement source utilized by exchange, as follows. i. Green Mountain Reservoir: From the confluence of the Roaring Fork River and the Colorado River, up the Roaring Fork River and its tributary sources to its confluence with the Fryingpan River, and up the Fryingpan River and its tributary sources, to the locations of the structures described in paragraphs I.B.3, I.B.4 and I.C.1. that deplete the Roaring Fork River between its confluence with the Colorado River and its confluence with the Fryingpan River, and that deplete the Fryingpan River above its confluence with the Roaring Fork River. CASE No. 01CW305 RULING 1 OF 2 - 45 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT ii. Troy and Edith Ditch, Ruedi Reservoir: a. From the outlet of Ruedi Reservoir up the Fryingpan River and its tributary sources to the locations of the structures described in paragraphs I.B.3, I.B.4 and I.C.1. that deplete the Fryingpan River above the outlet of Ruedi Reservoir; b. From the Fryingpan River, between the outlet of Ruedi Reservoir and the confluence of the Fryingpan River and Roaring Fork River (the section of the Fryingpan River where these supplies are physically present), up its tributary sources to the locations of the structures described in paragraphs I.B.3, I.B.4 and I.C.1. that deplete to the Fryingpan River between the outlet of Ruedi Reservoir and the confluence of the Fryingpan River and Roaring Fork River; c. From the Roaring Fork River, between its confluence with the Fryingpan River and its confluence with the Colorado River (the section of the Roaring Fork River where these supplies are physically present), up its tributary sources to the locations of the structures described in paragraphs I.B.3, I.B.4 and I.C.1. that deplete the Roaring Fork River between its confluence with the Fryingpan River and its confluence with the Colorado River. iii. Robinson Ditch and Favre Domestic Pipeline Spring Nos. 1 & 2: CASE No. 01CW305 RULING 1 OF 2 a. From the confluence of the Roaring Fork River and Blue Creek up the Roaring Fork River and its tributary sources to its confluence with the Fryingpan River, and up the Fryingpan River and its tributary sources, to the locations of the structures described in paragraphs I.B.3, I.B.4 and I.C.1. that deplete the Roaring Fork River between its confluence with Blue Creek and its confluence with the Fryingpan River and that deplete the Fryingpan River above its confluence with the Roaring Fork River; b. From the Roaring Fork River, between its confluence with Blue Creek and its confluence with the Colorado River (the section of the Roaring Fork River where these supplies are physically present), up its tributary sources to the locations of the structures described in paragraphs I.B.3, I.B.4 and I.C.1. - 46 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT that deplete the Roaring Fork River between its confluence with Blue Creek and its confluence with the Colorado River. c. The confluence of the Roaring Fork River and Blue Creek is in the NW1/4SE1/4 Section 27, Township 7 South, Range 88 West of the 6th P.M. at a point 1,520 feet from the south section line and 1,420 from the east section line of said Section 27. b. Amount: 162.96 AF of depletions annually at a cumulative maximum (depletion) rate of 0.38 cfs. c. Water Rights to be Exercised by Exchange: The Basalt Conduit water right described in I.B.2 when diverted out -of -priority at the alternate points of diversion described in I.B above while being augmented by exchange, and the water rights described in I.C.2 as sources of augmentation used by exchange. d. Date of Initiation of Appropriation: November 11, 1998, based upon the date of the Applicant's contract with the United States Bureau of Reclamation for releases from Green Mountain Reservoir to augment depletions within the exchange reach. e. Priority Date: Two priority dates (a/k/a "adjudication dates") are claimed based upon the filing dates for the Application and Amended Application in this matter. i. 56.0 AF of annual depletions shall be administered as an appropriative exchange water right applied for in 2001, based upon the inclusion of this amount in the original Application filed in this case on November 30, 2001, pursuant to C.R.S. § 37-92-306. ii. 106.96 AF of annual depletions shall be administered as an appropriative exchange water right applied for in 2005, based upon the inclusion of this additional amount in this Amended Application filed in this case on September 30, 2005, pursuant to C.R.S. § 37-92-306. CASE No. 01CW305 RULING 1 OF 2 - 47 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT f. This exchange is summarized in the following table. Appropriation Date Administration Date Exchange Rate (cfs) Depletion Volume (AF/year) 11/11/1998 12/31/2001 0.380 cfs of depletions augmented by exchange under this plan for augmentation. 56.0 11/11/1998 12/31/2005 106.96 g. When utilized for replacement by exchange through this appropriative right of exchange, the water rights utilized by exchange will be administered under the exchange priority. When utilized in any other manner provided under this decree, the water rights utilized by exchange will be administered under their own decreed priorities. h. Nothing herein is intended to restrict or limit operation of the Basalt Conduit water rights under the priority originally adjudicated in C.A. 4613 and in a manner consistent with its contemplated draft as described in paragraph I.B.9.f., above. All out -of -priority lagged depletions resulting from operation of the Basalt Conduit right and the individual water right described in paragraph I.C.1.a are intended to, and will, be replaced under this plan for augmentation. D. CLAIM FOR APPROVAL OF CONDITIONAL RIGHT OF EXCHANGE 1. In its Application, the District sought conditional rights of appropriative exchange to preserve its ability to serve future contractees under another plan for augmentation decreed in 1 or more other cases at a rate of 7.5 cfs. The District restated its request for these conditional rights of appropriative exchange in its amended application in Case No. 02CW77 filed on December 30, 2004. As a result, these conditional appropriative rights of exchange described herein will be incorporated into the District's pending plan for augmentation in amended Case No. 02CW77. The use of these appropriative rights of exchange, therefore, is ultimately governed by the terms of any decrees entered in Case No. 02CW77, or any other decree of this Court that specifically provides. Specifically, 5.25 cfs of this conditional exchange shall be subject to Ruling 1 of 2 in Case No. 02CW77, and the remaining 2.25 cfs of this conditional exchange shall be subject to Ruling 2 of 2 in Case No. 02CW77. Approval of this conditional exchange in this case is appropriate pending a final resolution in Case No. 02CW77. The Court does not, however, want to have this conditional water right be the subject of decrees in both Case Nos. 01CW305 and 02CW77, particularly as its ultimate use will be governed by the final decrees in the latter case. Upon its entry, the final decree in Case No. 02CW77, Ruling 1 of 2, shall supersede and replace in entirety the terms and provisions of subparagraphs I.D.2 through I.D.15 below as to the first 5.25 cfs of the CASE No. 01CW305 RULING 1 OF 2 - 48 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT conditional exchange described herein. Likewise, the final decree in Case No. 02CW77, Ruling 2 of 2, shall supersede and replace in entirety the terms and provisions of subparagraphs I.D.2 through I.D.15 below as to the remaining 2.25 cfs of the conditional exchange described herein. After the entry of final decrees in both Ruling 1 of 2 and Ruling 2 of 2, Case No. 02CW77, subparagraphs I.D.2 through I.D.15 below shall be of no further force or effect. Future water court applications seeking confirmation of the District's diligence in developing the conditional right requested in this case and restated in Case No. 02CW77, or confirmation that portions of the right have been made absolute, shall be filed under Case No. 02CW77 under the respective ruling and at appropriate times set forth in the final decrees entered therein. 2. During periods when the District's Basalt Conduit water rights are out of priority (as was claimed in Case No. 02CW77 by specific reference to these appropriative rights of exchange plead herein), this appropriative exchange will allow District contractees to continue diversions at their respective points of diversion. The District will augment its contractees' out -of -priority depletions with consumptive -use credits under its Troy and Edith Ditch, Robinson Ditch, and Favre Domestic Pipeline water rights, or through releases of water from Ruedi Reservoir or Green Mountain Reservoir under its contracts with the Bureau of Reclamation. 3. Water rights to be Exercised by Exchange: The Basalt Conduit right described in paragraph I.B.2, and the water rights described in paragraph I.C.2. 4. Description of the Exchange Reach: The exchange reaches are described in, and shall be administered consistent with, the terms of any decrees entered in Case No. 02CW77. 5. Exchange Amount: 7.5 cfs, conditional, based upon the District's projected future needs to serve contractees in the exchange reach, the use of which is subject to the terms of this decree, any decrees entered in Case No. 02CW77, or in any other decree of this Court that specifically provides. 6. Date of Initiation of Appropriation: July 2, 2001. 7. How Appropriation was Initiated: By field investigation, engineering evaluation of exchange potential in the subject reach, and formation of intent to appropriate, as evidenced by a resolution of the Board of Directors of the District on July 2, 2001. 8. When utilized for replacement by exchange through this conditional appropriative right of exchange, the water rights utilized by exchange will be administered under the exchange priority. When utilized in any other decreed manner, the water rights utilized by exchange will be administered under their own decreed priorities unless otherwise specifically limited. CASE No. 01CW305 RULING 1 OF 2 - 49 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT 9. Nothing herein is intended to restrict or limit operation of the Basalt Conduit water rights under the priority originally adjudicated in C.A. 4613 and in a manner consistent with its contemplated draft as described in paragraph I.B.9.f., above. All out -of -priority lagged depletions resulting from operation of the Basalt Conduit right are intended to, and will, be replaced under this plan for augmentation. 10. All water service provided by the District under the exchanges of the water rights described in paragraph I.D shall be limited to the amount of water legally and physically available in priority at the original point of diversion, and the District, or those entitled to use the District's decrees, may not call on any greater amount at any new alternate point of diversion. An appropriate transit loss for replacement or exchange water between the original point and any alternate point will be determined and assessed based on demonstrable river conditions and generally accepted engineering standards as approved by the Division Engineer, subject to water court review if necessary. The District, or those entitled to use its decrees, may call on any additional sources of supply that may be available at an alternate point of diversion exercised under the subject exchange, but not available at the original decreed point of diversion, only as against water rights that have administrative priorities junior to that of this exchange. 11. Augmentation through use of the conditional right of exchange decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to vested rights of others for a period of 3 years after this court enters a decree that any portion thereof has become absolute, but only as to that portion made absolute. 12. The District has fulfilled all legal requirements for a decree for the requested conditional right of exchange, including exchange, including C.R.S. §§ 37-92-302 and 37-92- 305. 13. The Court hereby concludes the District has established that water can and will be diverted under the subject conditional appropriative exchange water rights and will be beneficially used, and that this water supply project can and will be completed with diligence and within a reasonable time. 14. The conditional appropriative exchange water rights decreed herein are individual components of the District's integrated water supply system. Consequently, in subsequent diligence proceedings, work on any one feature of the District's supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the District's water supply system. See C.R.S. § 37-92-301(4)(b). 15. Review of determinations made by the Division Engineer or the State Engineer in administration of the conditional right of exchange is a "water matter" over which the Water Court has exclusive jurisdiction. CASE No. 01CW305 RULING 1 OF 2 - 50 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT E. CONDITIONS 1. All water service provided by the District under the plan for augmentation and exchanges of the water rights described in paragraph I.C.4 shall be limited to the amount of water legally and physically available in priority at the original point of diversion, and the District, or those entitled to use the District's decrees, may not call on any greater amount at any new alternate point of diversion. An appropriate transit loss for replacement or exchange water between the original point and any alternate point will be determined and assessed based on demonstrable river conditions and generally accepted engineering standards as approved by the Division Engineer, subject to water court review if necessary. The District, or those entitled to use its decrees, may call on any additional sources of supply that may be available at an alternate point of diversion exercised under the subject exchange, but not available at the original decreed point of diversion, only as against water rights that have administrative priorities junior to that of this exchange. 2. The water to be provided for augmentation is and shall be of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of C.R.S. § 37-92-305(5). F. LAND OWNERSHIP 1. Ruedi Reservoir and Green Mountain Reservoir: United States Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, CO 80537-9711. 2. Troy & Edith Ditch: the ditch structure was inundated by the construction of Ruedi Reservoir. The District is the sole owner of the 412.89 feet of consumptive -use credits associated with the ditch, as quantified in Case No. W-2281. 3. Robinson Ditch: Robinson Ditch Company, c/o Wayne Ives, Secretary, P.O. Box 309, Carbondale, CO 81623; and c/o Kevin Tucker, 19001 Highway 82 Unit D, Carbondale, CO 81623. The Robinson Ditch Company owns the easement for the ditch. The easement will not be expanded as a result of this case. 4. Favre Domestic Pipeline: The original point of diversion is located upon lands owned by Crawford Properties, LLC, whose address is 60 El Jebel Rd., Unit #105, El Jebel, CO 81623. The District provided the water court with the names and addresses of the above parties at the time it filed the Amended Application. The water clerk provided notice of the Amended Application to the above parties pursuant to C.R.S. § 37-92-302(3)(c)(I), and all notice requirements have been satisfied. CASE No. 01CW305 RULING 1 OF 2 - 51 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT G. TERMS AND CONDITIONS OF STIPULATIONS 1. In settlement of the objections of the Snowmass Water & Sanitation District and in consideration for the withdrawal of its statement of opposition, Applicant agrees that all water service provided by Applicant under the Basalt Conduit water right, decreed in Civil Action 4613, as changed herein or as may be made the subject of future water right change proceedings, shall be limited to the amount of water legally and physically available in priority at the original point of diversion for the Basalt Conduit, as conditionally decreed in Civil Action No. 4613, Garfield County District Court on August 3, 1959, and Applicant may not call on any greater amount at the new point of diversion. The District shall request the State Engineer to estimate any conveyance losses between this original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or those entitled to use its decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights that have administrative priorities that are junior to the date of the administrative priority for the given alternate point of diversion. The District shall incorporate the limitations of this paragraph into all future water allotment or use contracts. 2. All terms and conditions from prior stipulations between the District and opposer Southeastern Water Conservancy District in Case No. W-2281 and Case No. 87CW155, District Court, Water Division No. 5, remain in full force and effect. Without limiting the foregoing, any decree entered in this case, and any subsequent decrees entered upon applications filed by the District or its contractees pursuant to any decree in this case, that provides for use of Ruedi Reservoir and/or the Basalt Conduit shall, and hereby does, require that such use be consistent with the Operating Principles for the Fryingpan-Arkansas Project. 3. The District acknowledges that the Colorado Water Conservation Board has decrees for the following instream flow water rights that are located within or below, and are senior to, the appropriative rights of exchange decreed herein: i. Fryingpan River: Case No. 73W1945 ii. Roaring Fork River: Case No. 85CW639 When these instream flow rights are unsatisfied below the point where depletions augmented under the decree in this case occur, and when the Colorado Division of Water Resources has recognized and enforced an administrative call placed by the Colorado Water Conservation Board enforcing its priority under these instream flow rights, the District shall curtail the depletions or diversions as necessary to prevent injury to these instream flow water rights from operation of this plan for augmentation, or fully augment them directly at or above the point of depletion or diversion if necessary, with an upstream source as decreed in this plan for augmentation or through an approved substitute water supply plan in an amount necessary to fully replace out of priority depletions, or diversions if necessary (both CASE No. 01CW305 RULING 1 OF 2 - 52 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT lagged and immediate). Nothing herein shall prevent the District from obtaining future legal approvals to add additional replacement supplies for use in replacing out of priority depletions, or diversions as necessary, for augmentation use within these decreed instream flow reaches. 4. The District agrees with Opposer, City of Colorado Springs that: The Green Mountain Reservoir water utilized in connection with the subject plan for augmentation shall be stored in Green Mountain Reservoir under the priority awarded to the United States of America for said reservoir. However, Applicant agrees that the subject plan for augmentation shall not be administered under the priority date awarded the United States of America for Green Mountain Reservoir, but shall be administered as a decree entered with a filing date of 2002. Applicant acknowledges that its right to utilize Green Mountain Reservoir water as a source of augmentation water for the rights sought herein is dependent upon the terms of Applicant's existing contract No. 8-07-60-W0727, or other water supply contract obtained by Applicant, with the Bureau of Reclamation and the physical availability of such water for Applicant's benefit. Applicant agrees that to the extent the exercise of the rights sought herein depend upon Green Mountain Reservoir as a source of augmentation water, such rights shall not be exercised should Green Mountain Reservoir water or a substitute supply acceptable to the Division engineer not be available for Applicant's use. Pursuant to the 1955 Blue River Stipulation entered on October 5, 1955, in consolidated civil cases 2782, 5016 and 5017 in the United States District Court, District of Colorado, Colorado Springs' right to divert certain of its Blue River water rights is subject to the determination by the Secretary of the Interior that Green Mountain Reservoir will fill. Applicant agrees not to oppose any attempts by Colorado Springs to have the Secretary of the Interior credit the amount of water released from Green Mountain Reservoir pursuant to the subject application against the amount required to fill Green Mountain Reservoir, provided that: a) the amount of water released pursuant to this application that is sought by Colorado Springs to be credited against the Green Mountain Reservoir fill is released after the start -of - fill dated fixed by the Secretary of Interior as required under the 1955 Blue River Stipulation, which date is to be between April 1St and May 15th and is understood to be the date marking the start of fill for the reservoir; and b) the credit sought by Colorado Springs for such releases is for the fill year during which the release is made under this application; and c) Colorado Springs provides Applicant notice of the credit it will seek against the fill calculation for releases from Green Mountain Reservoir under this application. In addition to the period of retained jurisdiction otherwise provided for in any decree entered in the above -captioned case, Applicant and Colorado Springs agree that the Court shall retain jurisdiction for a period of 5 years from the date of entry of a decree in the above - captioned case for the purpose of considering whether or not additional terms or condition CASE No. 01CW305 RULING 1 OF 2 - 53 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT must be imposed to prevent injury, if any, to Colorado Springs' Blue River water rights if the Secretary of the Interior does not credit the amount of water released from Green Mountain Reservoir for Applicant's use for the fill of Green Mountain Reservoir pursuant to the fill calculation required by the 1955 Blue River Stipulation in Case Nos. 2782, 5016 and 5017, U.S. District Court for the District of Colorado. Only Colorado Springs shall have the right to respond to the decree pursuant to this provision for retained jurisdiction. Said reopening shall only be for the limited purposes herein set forth. II. CONCLUSIONS OF LAW 1. To the extent they constitute legal conclusions, the foregoing Findings of Fact are incorporated herein. 2. All notices required by law have been properly made, including as required under C.R.S. § 37-92-302(3). The Court has jurisdiction over the Amended Application and over all persons or entities that had standing to appear, even though they did not do so. 3. The Amended Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §§ 37-92- 101-602. 4. The Court has given due consideration to the Division Engineer's Summary of Consultation dated October 8, 2002 and Amended Summary of Consultation dated December 12, 2005. See C.R.S. § 37-92-302(4). Copies of the Summary of Consultation and Amended Summary of Consultation were properly served on all parties to the case. 5. The District has fulfilled all legal requirements for a decree for the requested change of water right, including C.R.S. §§ 37-92-302 and 37-92-305. 6. The District has fulfilled all legal requirements for a decree for the requested plan for augmentation, including exchange, including C.R.S. §§ 37-92-302 and 37-92-305. 7. Pursuant to C.R.S. § 37-92-305(8), the plan for augmentation, including exchange, is sufficient to permit the continuation of diversions when the Colorado Division of Water Resources has recognized and enforced an administrative call placed by a senior appropriator and curtailment would otherwise be required to meet that valid senior call for water, because the District will provide adequate replacement water necessary to meet the lawful requirements of a senior diverter at the time and location and to the extent that the senior would be deprived of his or her lawful entitlement by the District's diversion. 8. The change of water right described herein will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. CASE No. 01CW305 RULING 1 OF 2 - 54 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT 9. If operated in accordance with the terms and conditions of this decree, the plan for augmentation described herein will prevent injury to senior vested or decreed conditional water rights. 10. The subject Amended Application is in accordance with Colorado law. The District has fulfilled all legal requirements for entry of a decree in this case. III. JUDGMENT AND DECREE 1. The foregoing Findings of Fact and Conclusions of Law are incorporated herein. 2. The Court hereby approves and decrees the change of water right for the Basalt Conduit as described herein for alternate points of diversion at structures described in paragraphs I.B.3.a through I.B.3.eeee. 3. The Court hereby decrees, confirms, and approves the plan for augmentation, including exchange, described herein. 4. In consideration of the specific findings and conclusions made herein, and in conformance with C.R.S. § 37-92-304(6), as amended: a. The change of water right and plan for augmentation, including exchange, decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of 5 years from the date that the District gives notice that 50% of the diversions from the structures augmented under this plan for augmentation have occurred. If no petition for reconsideration is filed within said 5 years, retention of jurisdiction for this purpose shall automatically expire; and c. Any party who wants the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and explaining the claimed injury. The party filing the petition shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, the District shall thereupon bear the burden of proof to show (a) that any modification sought by the District will avoid injury to other water rights, or (b) that any modification sought by the petitioner is not required to avoid injury to other water rights, or (c) that any term or condition proposed by the District in response to the petition does avoid injury to other water rights. 5. The District will ensure that the total out -of -priority depletions under this plan for augmentation and prior decreed plans for augmentation involving the District's water rights will not exceed the replacement water available to the District, and will provide such corroborating evidence to the Division of Water Resources as requested. CASE No. 01CW305 RULING 1 OF 2 - 55 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT 6. Cumulative diversions under all alternate points of the Basalt Conduit water right under this decree, any other decree, or any administratively approved substitute water supply plan, shall be limited to the amount legally and physically available in priority at the original decreed point of diversion. 7. In conformance with C.R.S. § 37-92-305(8), the State Engineer shall curtail all out - of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 8. The plan for augmentation and appropriative rights of exchange decreed herein are administrable by the Division of Water Resources of the State of Colorado. 9. For the alternate points of diversion, wells, springs, and surface diversions to be operated, and for the water rights to be used for replacement purposes, pursuant to this decree, the District shall provide monthly accounting and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of said water rights and this plan for augmentation. a. The District's contractees shall install measuring devices to measure diversions at the augmented structures. b. The District shall file an annual report with the Division Engineer by November 15th of each year summarizing the diversions, depletions, and replacements made under this plan for augmentation and decree. c. The District shall also prepare annual accounting that integrates the accounting for this plan for augmentation with the accounting developed and required for previous decreed plans for augmentation adjudicated by the District in Case Nos. 87CW155, 93CW319, 98CW26/98CW89 (Consolidated), 02CW77, and any future plans for augmentation or substitute water supply plans applied for by the District, and provide that information to the Division Engineer and to any party who requests a copy. 10. The District shall require those with whom it has entered into a water allotment contract, which includes both private and public entities, to install and maintain such measuring devices as may be required by, and which are acceptable to and approved by, as appropriate, the Division Engineer. In the alternative, the District may, to the extent allowed by law, elect to install such devices itself on behalf of those with whom it has entered into a water allotment contract to satisfy the purposes of this paragraph in order to operate that subject water right or structure within this plan for augmentation. 11. The owner of any well operating under this plan for augmentation must obtain and maintain a well permit issued pursuant to C.R.S. § 37-90-137(2), identifying the well as an CASE No. 01CW305 RULING 1 OF 2 - 56 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT alternate points of diversion to the Basalt Conduit and/or a structure operating under this plan for augmentation as applicable. 12. Review of determinations made by the Division Engineer or the State Engineer in administration of the change of water rights, plan for augmentation (including exchange) are "water matters" over which the Water Court has exclusive jurisdiction. It is accordingly ordered that this ruling of Referee and judgment and decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. § 37-92-304, as amended. It is further ordered that a copy of this ruling of Referee and judgment and decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Done at the City of Glenwood Springs, Colorado, this 10`h day of November, 2011. CASE No. 01CW305 RULING 1 OF 2 BY THE REFEREE: 40761fairaf* Holly K. Strablizky, Water Referee Water Division No. 5 State of Colorado - 57 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT No protest was filed in this matter. The foregoing Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court. Done this day of , 201_ CASE No. 01CW305 RULING 1 OF 2 BY THE COURT: James B. Boyd, Water Judge Water Division No. 5 State of Colorado - 58 - FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT r l.vuil.n.: : II iii i w .11 '11 1 .1 1 F'. T - t Court Authorizer Comments: Exhibit A to the Ruling of the Referee is incorporated into this Decree.