DELTA COUNTY. CASE NO. 2017CW43

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1 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S , as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of September The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. CASE NO. 2017CW42. Applicant: Jeremy Fouts, Road, Hotchkiss, CO Application for Absolute Storage and Surface Water Rights: Fouts Pond No. 1 NE1/4SE1/4 of Section 4, T13S, R93W, 6 th P.M. 1,517 feet from the South line and 526 feet from the East section line. ( Easting and Northing Zone 13). Source: Dry Creek, North Fork Gunnison River, Gunnison River. Appropriation Date: Amount Claimed: 2.0 acre-feet absolute for stockwater and wildlife use. Fouts Pond No. 2 - SE1/4SE1/4 of Section 4, T13S, R93W, 6 th P.M. 398 feet from the South line and 272 feet from the East section line. ( Easting and Northing Zone 13). Source: Dry Creek, North Fork Gunnison River, Gunnison River. Appropriation Date: Amount Claimed: 2.0 acre-feet absolute for stockwater and wildlife use. Fouts Pipeline No. 1 NE1/4SE1/4 of Section 4, T13S, R93W, 6 th P.M. 1,517 feet from the South line and 526 feet from the East section line. ( Easting and Northing Zone 13). Source: Dry Creek, North Fork Gunnison River, Gunnison River. Appropriation Date: Amount Claimed:.033 c.f.s. absolute for stockwater and wildlife use. Fouts Pipeline No. 2 SE1/4SE1/4 of Section 4, T13S, R93W, 6 th P.M. 398 feet from the South line and 272 feet from the East section line. ( Easting and Northing Zone 13). Source: Dry Creek, North Fork Gunnison River, Gunnison River. Appropriation Date: Amount Claimed:.033 c.f.s. absolute for stockwater and wildlife use. The location information for the Ponds and Pipelines are the same because the outlets of the reservoirs are the same points of diversion for the surface water rights. DELTA COUNTY. CASE NO. 2017CW43. Applicant: Henry Warren, Jr. and Charles Warren, 280 Capetown, Montgomery, TX Application for Conditional Surface Water Rights: Hank s Spring and Pipeline S1/2N1/2 of Section 1, T13S, R94W, 6th P.M. 347 feet from the South line and 2,663 feet from the West section line. ( Easting and Northing Zone 13). Source: West Currant Creek, Dry Creek, Gunnison River. Appropriation Date: Amount Claimed:.05 c.f.s. conditional for domestic, irrigation of 2-3 acres and wildlife use. DELTA COUNTY. CASE NO. 2017CW44 (REF NO. 11CW14, 04CW72, 97CW150). Applicant: Wayne Bower, Highway 491, Pleasant View CO Application For Finding of Reasonable Diligence: Coyote Canyon Spring 4 NE1/4NE1/4NE1/4 of Section 26, T51N, R7W, NMPM. 55 feet from the North line and 518 feet from the East section line. Source: Smith Fork, North Fork Gunnison River, Gunnison River. Appropriation Date: 10 acres. Coyote Canyon Spring 5 NE1/4SE1/4SE1/4 of Section 23, T51N, R7W, NMPM. 959 feet from the South line and 260 feet from the East section line. Source:

2 Smith Fork, North Fork Gunnison River, Gunnison River. Appropriation Date: 10 acres. Coyote Canyon Spring 6 NE1/4SE1/4SE1/4 of Section 23, T51N, R7W, NMPM. 853 feet from the South line and 145 feet from the East section line. Source: Smith Fork, North Fork Gunnison River, Gunnison River. Appropriation Date: 10 acres. The application on file with the water court contains an outline of the work performed during the diligence period. MONTROSE COUNTY. CASE NO. 2017CW45. Applicant: Camden Welt, Road, Hotchkiss, CO Application for Conditional Surface Water Rights: CW No. 1 NE1/4NE1/4 of Section 9, T15S, R92W, 6 th P.M. 1,130 feet from the North line and 185 feet from the West section line. ( Easting and Northing Zone 13). Source: Crawford Clipper Ditch overflow, North Fork Gunnison River, Gunnison River. Appropriation Date: 06/01/2015. Amount Claimed: 0.5 c.f.s. conditional for irrigation of 50+ acres, stockwater, wildlife and supplemental water to fill Baxter Reservoir. CW No. 2 SE1/4NW1/4 of Section 10, T14S, R92W, 6 th P.M. 2,800 feet from the North line and 1,800 feet from the West section line. Source: North Fork Gunnison River, Gunnison River. Appropriation Date: 10/22/2013. Amount Claimed: 0.25 c.f.s. conditional for landscape watering, stockwater and wildlife. DELTA COUNTY. CASE NO. 2017CW46. Application for Conditional and Absolute Surface Water Rights: Douglas Wolfe, P.O. Box 697, Ophir, CO Application for Surface Water Right: Wolfe Spring No. 1 SE1/4SE1/4 of Section 5, T41N, R9W, N.M.P.M. 2,254 feet from the North line and 8 feet from the East section line. ( Easting and Northing Zone 13). Source: Lake Fork San Miguel River, San Miguel River. Appropriation Date: 07/01/1998. Amount Claimed: 5 g.p.m absolute for stockwater and 5 g.p.m. conditional for domestic use. SAN MIGUEL COUNTY. CASE NO. 2017CW47 (REF NO. 13CW3031). Applicants: Jack Schmidt and Constance Schmidt, P.O. Box 575, Cedaredge, CO Application to Make Absolute: Constance Ditch and Pipeline North Headgate and Constance Ditch and Pipeline South Headgate - SE1/4NE1/4SE1/4 of Section 17, Township 50 North, Range 9 West, N.M.P.M. 1,824 feet North of the South line and 81 feet West of the East section line ( Easting, Northing, Zone 13). Source: Uncompahgre River. Appropriation Date: 08/7/2013. Amount Claimed: c.f.s. absolute for irrigation of 48 acres and stockwater from the Constance Ditch and Pipeline North Headgate and c.f.s. for irrigation of 7 acres and stockwater from Constance Ditch and Pipeline South Headgate. The Application on file with the Water Court contains an outline of the work performed during the diligence period. MONTROSE COUNTY. CASE NO. 2017CW3053, BIESER CREEK, LITTLE DOLORES RIVER, Granite Springs Group, LLC, c/o Joe W. Fandrich, 2415 Desert Meadows Court, Grand Junction, CO 81505, (970) , joefandrich@hotmail.com, Applicant s Attorney: Kirsten M. Kurath, 744 Horizon Ct., Ste. 115, Grand Junction, CO 81506, (970) , kmkurath@wth-law.com, APPLICATION FOR SURFACE WATER RIGHTS AND WATER STORAGE RIGHT. Structure: Eachus Spring; Legal Description: Eachus Spring is located in the NE1/4SW1/4, Section 21, Township 13 South, Range 103 West of the 6th P.M., at a point approximately 2,375 feet east of the West section line and approximately 3,750 feet south of the North section line of said Section 21. The latitude/longitude coordinates for the point of diversion were determined using a

3 handheld Garmin GPS accurate to within 20 feet and are as follows: Latitude N ', Longitude W '. Map attached to the Application as Exhibit A; Source: Spring tributary to Bieser Creek, tributary to the Little Dolores River. Date of Appropriation: May 6, 2016; How Appropriation Was Initiated: Physical location and survey of spring, together with the formation of the intent to appropriate water as to Beneficial Use: Not applicable; Amount: 10 g.p.m. (0.022 c.f.s.), conditional; Uses: Stockwatering, domestic, wildlife watering, fire protection, piscatorial and irrigation of up to 71.6 acres of land. The land to be irrigated will be located in Sections 8, 17 and 21, Township 13 South, Range 103 West of the 6th P.M. Irrigated areas marked on Exhibit A. This land is irrigated by other water rights owned by Applicant, so this water right will provide supplemental irrigation water to that land. The water from Eachus Spring may be used directly for any of the purposes described herein, and/or it may be stored in Eachus Pond, described below, for subsequent release and use for any of such purposes; Name and address of owner of land on which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The point of diversion is located on land owned by the United States and managed by the Department of Interior, Bureau of Land Management, 2815 H Road, Grand Junction, CO The water will be used on land owned by Applicant. Structure: Eachus Pond; Legal Description: The Eachus Pond is located in the SE1/4 NW1/4, Section 21, Township 13 South, Range 103 West of the 6th P.M., at a point approximately 2,482 feet east of the West section line and approximately 2,720 feet north of the South section line of said Section 21. The latitude/longitude coordinates for this point are as follows: Latitude: N ', Longitude: W '; See Exhibit A; Sources: The Eachus Pond derives its primary source of supply from Eachus Spring, above. In addition, small springs and natural runoff occurring above and adjacent to the pond will flow into and be a source for the pond. All the sources for the pond are tributary to Bieser Creek, tributary to the Little Dolores River. Eachus Pond will be filled by pipeline from Eachus Spring. The Eachus Spring, described above, is used to fill the Eachus Pond; Date of Appropriation: May 6, 2016; How Appropriation Was Initiated: Physical location and survey of the pond, together with the formation of the intent to appropriate water as to Beneficial Use: Not applicable; Amount: approximately 3.0 acre feet, conditional. Applicant also claims the right to fill and refill the pond when water is available in priority; Uses or Proposed Uses: Domestic, stockwatering, wildlife watering, fire protection, piscatorial and irrigation of up to 71.6 acres of land. The land to be irrigated will be located in Sections 8, 17 and 21, Township 13 South, Range 103 West of the 6th P.M. Irrigated areas marked on Exhibit A. This land is irrigated by other water rights owned by Applicant, so this water right will provide supplemental irrigation water to that land; Surface Area of High Water Line: Approximately 0.5 acres; Vertical Height of Dam: Ten feet or less to spillway elevation; Length of Dam: Approximately 250 feet; Total Capacity: Approximately 3 acre feet; Active Capacity and Dead Storage: The pond will have a low level outlet. All of the capacity of the pond is essentially active capacity; Names and addresses of owners of the land upon which new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. Structure: Pauly's Spring; Legal Description: Pauly's Spring is located in the NW1/4 SE1/4, Section 20, Township 13 South, Range 103 West of the 6th P.M., at a point approximately 3,325 feet east of the West section line and approximately 2,060 feet north of the South section line of said Section 20. The latitude/longitude coordinates for the point of diversion were determined using a hand held Garmin GPS accurate to

4 within 20 feet and are as follows: Latitude N ', Longitude W '; See Exhibit A; Source: Spring tributary to Bieser Creek, tributary to the Little Dolores River; Date of Appropriation: May 21, 2016; How Appropriation Was Initiated: Physical location and survey of spring, together with the formation of the intent to appropriate water as to Beneficial Use: June 17, 2017, by storage in Cataract Pond and use for irrigation; Amount: 10 g.p.m. (0.022 c.f.s.), absolute for all uses. See C.R.S (4)(a) (storage of water for any purpose for which an appropriation is lawfully made is beneficial use); Uses: Domestic, stock watering, wildlife, watering, fire protection, piscatorial and irrigation of up to 74.6 acres of land. The land to be irrigated will be located in Sections 8, 17, 20 and 21, Township 13 South, Range 103 West of the 6th P.M. The land to be irrigated includes all of the irrigated acres shown on Exhibit A. This land is irrigated by other water rights owned by Applicant, so this water right will provide supplemental irrigation water to that land. The water from Pauly s Spring may be used directly for any of the purposes described herein, and/or it may be stored in Cataract Pond, decreed in Case No. 2015CW3053, for subsequent release and use for any of such purposes; Name and address of owner of land on which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Structure: Whiskey Spring; Legal Description: Whiskey Spring is located in the NW1/4 NW1/4, Section 21, Township 13 South, Range 103 West of the 6th P.M., at a point approximately 686 feet east of the West section line and approximately 739 feet south of the North section line of said Section 21. The latitude/longitude coordinates for the point of diversion were determined using a hand held Garmin GPS accurate to within 20 feet and are as follows: Latitude N ', Longitude W '; See Exhibit A; Source: Spring tributary to Bieser Creek, tributary to the Little Dolores River; Date of Appropriation: June 1, 2012; How Appropriation Was Initiated: Physical location of spring and use of water from spring for irrigation purposes, together with the formation of the intent to appropriate water as to Beneficial Use: June 1, 2012 for irrigation purposes; March 22, 2017, for all other purposes when the water was stored in Pinch Point Pond; Amount: 10 g.p.m. (0.022 c.f.s.), absolute for all uses. See C.R.S (4)(a) (storage of water for any purpose for which an appropriation is lawfully made is beneficial use); Uses: Domestic, stock watering, wildlife watering, fire protection, piscatorial and irrigation of up to 31.4 acres of land. The land to be irrigated is located in Sections 8, 17 (not including Sweet Clover Field) and 21 (Old Garden), Township 13 South, Range 103 West of the 6th P.M. The land to be irrigated is shown on Exhibit A. This land is irrigated by other water rights owned by Applicant, so this water right will provide supplemental irrigation water to that land. The water from Whiskey Spring may be used directly for any of the purposes described herein, and/or it may be stored in Pinch Point Pond, decreed in Case No. 2015CW3053, for subsequent release and use for any of such purposes; Name and address of owner of land on which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. (9 pages) MESA COUNTY. CASE NO. 2017CW3054 (W2084, W2084(78), 82CW274) GUNNISON COUNTY GUNNISON RIVER. Town of Crested Butte, a Colorado home rule municipal, c/o Scott C. Miller, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Drive, Suite 2104A, Aspen, CO (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Crested Butte Town Pipeline. Date of original decree: April 19, Case No. W2084, Division 4 Water Court. Legal: Legal

5 description: NE ¼ SW ¼ of Section 34, Township 13 South, Range 86 West of the 6 th P.M., at a point approximately 1900 feet from the South section line and 2000 feet from the West section line. Map is on file with the court as Exhibit A. Source: Slate River, tributary to the East and Gunnison Rivers. Appropriation date: November 3, Amount: 15 c.f.s., conditional. Use: Municipal. A detailed description of the work done to complete appropriation, including expenditures, is on file with the court as Exhibit B. The point of diversion for the above water right is located on property owned by Roger J. Collins et al E. 23 rd Street, Tulsa, OK Water diverted will be put to beneficial use within the Applicant s municipal water supply system. GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of November, 2017 to file with the Water Clerk, in duplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk s Office or on our website at DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401