HomeMy WebLinkAbout1.13 Water Rights Summary - JVAMLake Springs Ranch
Subdivision Preliminary Plan/PUD Amendment December 2025
Exhibit 13 | Water Rights Summary
A Mountain Law Firm
Ryan Jarvis
305 Gold Rivers CT, STE 200
Basalt, CO, 81621
(970) 366-4733
Ryan@jvamlaw.com
MEMORADNUM
To: Berkeley Family LLLP c/o Mike Berkeley
Copy: Tim Malloy
From: Ryan Jarvis
Date: January 10, 2025
Re: Summary of Lake Springs Ranch PUD Water Rights
Over the course of several years, an extensive portfolio of water rights
associated with Lake Springs Ranch PUD has been acquired and developed. The
legal water supply for the Lake Springs Ranch PUD will be provided from Lake
Springs Ranch Spring, Lake Springs Ranch Wells C, D and E, Spring Valley
Sanitation District Pipeline, and a Basalt Water Conservancy District Contract. The
decreed points of diversion are depicted below.
Aspen Basalt Buena Vista Glenwood Springs Salida
P.O. Box 878, Glenwood Springs, CO 81602
A Mountain Law Firm
Berkeley Family LLLP (“Berkeley”), is entitled to divert and use water from
the structures as described below. These water rights and entitlements will pass to
any subsequent owner of the property. A list of the referenced documents is at the
end of this memorandum and copies are in the Appendix.
Lake Springs Ranch Spring
Lake Springs Ranch Spring was decreed in Case No. W-3572, Division 5
(consolidated with W-3571, W-5733, W-3574, and W-3997) on June 4, 1981, with an
appropriation date of September 9, 1977. It is decreed for 0.44 cubic feet per second
(“c.f.s”), conditional, for irrigation, municipal, domestic, fire protection, and livestock
watering purposes for use in the central water supply system for the development of
the Lake Spring Ranch property. The Division 5 Water Court issued findings of
reasonable diligence and thus continued the water right as conditional in Case Nos.
89CW41 (consolidated with 89CW042-89CW044), 95CW79, 02W288, 09CW100, and
17CW3097 and 24CW3015.
Lake Springs Ranch Spring operates pursuant to the plan for augmentation
decreed in Case No. W-3571, which, generally, relies on dry up of land irrigated with
the ditches known as Van Cleve No. 1 (decreed for 1.4 c.f.s.), Van Cleave No. 2 (decree
for 0.9 c.f.s.), and Van Cleve No. 2, First Enlargement (decreed for 2 c.f.s.). When
Berkeley conveyed the property west of Garfield County Road 114 to Plus Lazy K
LLC, it retained title to a 0.275 cfs of Van Cleve No. 1, Van Cleave No. 2, and Van
Cleve No. 2, First Enlargement.
Lake Springs Ranch Well C
Well C was decreed in Case No. W-3997, Division 5 (consolidated with W-3571, W-
3572, W-5733, and W-3574) on June 4, 1981, with an appropriation date of December
19, 1978. It is decreed for 0.45 c.f.s., conditional, for irrigation, municipal, domestic,
fire protection, and livestock watering purposes. The Division 5 Water Court issued
findings of reasonable diligence and thus continued the water right as conditional in
Case Nos. 89CW41 (consolidated with 89CW042-89CW044), 95CW79, 02W288,
09CW100, and 17CW3097 and 24CW3015. Well C also operates pursuant to the plan
for augmentation decreed in Case No. W-3571, described above.
Lake Springs Ranch Well D
Well D was decreed in Case No. 95CW079A, Division 5, on March 27, 1999,
with an appropriation date June 23, 1995. It is decreed for 150 gallons per minute
Page 2 of 4
A Mountain Law Firm
(“g.p.m.”) for irrigation of approximately 80 acres of land (located in the SE ¼, Section
33, Township 6 South, Range 88 West of the 6th P.M.), domestic, livestock watering,
municipal, and fire protection. The Division 5 Water Court issued findings of
reasonable diligence and thus continued the water right as conditional in Case Nos.
05CW47, 09CW100, 17CW3097 and 24CW3015.
Lake Springs Ranch Well E
Well E is an undecreed well through which the water provided under the
Basalt Water Conservancy District Contract (described below) can be diverted
pursuant to Case No. 01CW305, Division 5, as an alternate point of diversion for the
Basalt Conduit.
Spring Valley Sanitation District Pipeline
Berkeley also owns an interest in the Spring Valley Sanitation District
Pipeline,1 which was decreed in Case No. 00CW021, Division 5, on June 1, 2004, with
an appropriation date of February 28, 2000 for recycled use of treated wastewater for
the following beneficial uses: irrigation of open space, parks, recreational and
irrigation lands including soccer fields and golf courses, irrigation, domestic,
commercial including sod or turf farming, fish and wildlife propagation, aesthetic,
winter storage, exchange, replacement, and uses to achieve wastewater treatment
standards that may be required or recommended by federal, state, or local
government or agencies, with such uses to occur in the Spring Valley Basin. Berkeley
is entitled to use its interest in the Spring Valley Sanitation District Pipeline in
conjunction with the plan for augmentation decreed in W-3571.
The Division 5 Water Court issued findings of reasonable diligence and thus
continued the water right as conditional in Case Nos. 10CW187 and 18CW3037.
Additionally, in Case No. 18CW3037, 0.153 c.f.s. was made absolute for irrigation
purposes. The next application for a finding of reasonable diligence must be filed
with the Division 5 Water Court in March 2025.
Basalt Water Conservancy District Contract
In addition to the plan for augmentation approved in Case No. W-3571, Berkely
has secured Water Allotment Contract No. 292 with the Basalt Water Conservancy
1 The other owners of the Spring Valley Sanitation District Pipeline are Spring Valley Sanitation
District, Colorado Mountain College, and Spring Valley Holdings LLC.
Page 3 of 4
A Mountain Law Firm
District (the “Basalt District”), under which Berkeley is entitled to 1 c.f.s of the Basalt
District’s direct flow rights and 12.3 acre feet per year of storage or other
augmentation water owned or controlled by the Basalt District in order to serve 92
residences (84 single family residences and 8 duplexes) with 2,500 square feet of
irrigation per unit.
Pursuant to the decree entered in Case No. 95CW78, Berkeley is entitled to
withdraw this water through the Lake Springs Ranch Well D. This water can also
be withdrawn through Lakes Springs Ranch Spring and Well E pursuant to the
decree entered in Case No. 01CW305, Division 5.
Let me know if you have any questions about the legal water supply for the
Lake Springs Ranch PUD.
APPENDIX
1. Decree entered in W-3571, W-3572, W- 3573, W-3574, and W-3997
(consolidated)
2. Decree entered in Case No. 89CW040 (consolidated with 89CW042-89CW042)
3. Decree entered in Case No. 95CW078
4. Decree entered in Case No. 95CW079
5. Decree entered in Case No. 95CW079A
6. Decree entered in Case No. 00CW21
7. Decree entered in Case No. 01CW305
8. Decree entered in Case No. 02CW288
9. Decree entered in Case No. 05CW047
10. Decree entered in Case No. 09CW100
11. Decree entered in Case No. 10CW187
12. Decree entered in Case No. 17CW3097
13. Decree entered in Case No. 18CW3037
14. Decreed entered in Case No. 24CW3105
15. Amendment to Basalt Water Conservancy District Contract No. 292
16. Quitclaim Deed between The Berkeley Family LLLP and Plus Lazy K, LLC
dated May 5, 2021
Page 4 of 4