To All Persons Interested in Water Applications

DISTRICT COURT, WATER DIVISION 6, COLORADO

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS

IN WATER DIVISION 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of MAY, 2012.

12CW17 - Jackson County. Application to make absolute. Applicant: Joe Pittington, PO Box 250, Walden, CO 80480, 970-723-8295. Date of original decree for all structures: case 95CW124, 08/25/. Structure: Pittington Spring #1. Legal description: NE4, NE4 of sec 15,T11N, R79W, 6th PM at a point 400 ft from east line and 50 ft from north line of said section. Source of water: Spring from side of mt. drains to Pinkham Creek to North Platte River. Appropriation date: 09/01/94; Amount: .033; Use: Domestic and irrigation. Outline of what has been completed: Spring was dug out and concrete box installed, piped to holding tank, one acre pond to hold for irrigation and domestic holding tank. Claim to make absolute: Date water applied to beneficial use: 05/15/97; amount: All .033. Pittington Spring #2 - Legal description: NW4, NE4 of sec 15,T11N, R79W, 6th PM at a point 2500 ft from east line and 10 ft from north line of said section. Source of water: Spring from side of mt. and drains to Pinkham Creek of North Platte River. Appropriation date: 09/01/94; Amount: .033; Use: Domestic irrigation. Outline of what has been completed: Spring is dug out and concrete box with holding tank for storage then piped to house for domestic and irrigation. Claim to make absolute: Date water applied to beneficial use: 05/15/97; amount: All .033. Pittington Spring #3, Legal description: SE4, NW4 of sec 10,T8N, R82W, 6th PM at a point 2000 ft from west line and 1750 ft from north line of said section. Source of water: Spring. Appropriation date: 09/01/94; Amount: .033; Use: Domestic and irrigation. Outline of what has been completed: 6” pipe installed to deliver water to holding ponds, home will pull from 6” pipe when built. For domestic use and irrigation. Claim to make absolute: Date water applied to beneficial use: 05/15/97; amount: All .033. Applicant is the landowner of all structures.

12CW20 Rio Blanco County. Smith Gulch, trib. to White River. Application for Finding of Reasonable Diligence. Applicant: M. Russell Ranch Partnership, c/o Sara Dunn, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. Structure: Smith Gulch Reservoir. Original Decree: 9/20/1984, Case No. 83CW340, Subsequent Diligence: Case No. 93CW340, Case No. 98CW172, Case No. 05CW85, all entered by the Dist. Ct., Water Div. No. 5. Legal Desc: Sec. 30, T. 1 N., R. 93 W., 6th P.M., at a pt. whence Angle Pt. No. 3 of Tract 94 of said Sec. 30 bears S. 84 deg. 51’03” E., 1,176.29 ft. Center pt of dam: SE1/4, NE1/4, Sec. 30, T. 1 N., R. 93 W., 6th P.M. 2,200 ft. from the N. Sec. line and 1,100 ft. from the E. Sec. line. See map attached to app on file with this Ct. Approp.: 8/9/1982. Amt: 415 AF, cond. Use: Irr., ind., comm., mun., dom. and rec. The mun. use requires a special dist. to be formed to own and operate the water right when they are made absolute in their entirety. If a special dist. has not been organized upon making these water rights absolute in full, Applicant will abandon the mun. use. Examples of work done to establish diligence are on file with this Ct. Applicant owns the land upon which any subject structure is located.

12CW21 Jackson County – Protest To Revised Abandonment List. Applicant: Joe Pittington, PO Box 250 Walden, CO 80480, 970-723-8295. Structure: Davis Ditch – Date of original decree: 08/01/1938; Case 91CW104; Legal description SW4, NW4, Sec 11, T11N, R79W, 6TH PM, 1410 ft from North, 1250 ft from West. Source of water: Village Bell Creek-Pinkham Creek; Decreed use – irrigation; Decreed amount: 8.0 CFS; Amount listed has having been abandoned: 3.0 CFS; former District number and page number where listed on abandonment list: District 47, page 2. Factual basis for protest: The City of Walden gas line was exposed and was not able to clean out. Part of ditch water was not able to flow to end of ditch, but was still able to irrigate most of meadow. Gas line was relocated, I cleaned out ditch and now can run full amount of decreed water now. Remarks: Please reinstate our full amount of 8.0 cfs so thyat we can irrigate our whole meadow.

12CW22. Moffat County. Application for Change of Water Right (Rampart Reservoir & Hansen Canal). Applicant: Colorado River Water Conservation District, c/o Secretary/General Manager, 201 Centennial Street, Suite 200, P.O. Box 1120, Glenwood Springs, Colorado 81602, (970) 945-8522. Please direct all pleadings and correspondence in this case to: Peter C. Fleming and Jason V. Turner. Decreed name of structure for which change is sought: Rampart Reservoir. Date of original decree, case number and court: May 30, 1972, Case No. C.A. 2259, Moffat County. Legal Description: Point on the right abutment of the dam, whence the NE corner of Section 12, T. 9 N., R. 91 W. of the 6th P.M. bears N. 67º33’ E. at a distance of 2,326.3 feet. Source: Fortification Creek and its tributaries, which is tributary to the Yampa River. Appropriation Date: August 7, 1962. Amount: 12,133.3 acre-feet, conditional. Decreed Uses: Irrigation, domestic, stock watering, municipal, industrial, power, recreational and other beneficial and useful purposes. Detailed description of change of water right: By this application, the River District seeks to decree the realigned location of the Rampart Reservoir dam as an alternate point of storage. The alternative alignment of the dam, as depicted on Exhibit A attached hereto and incorporated by this reference, would alleviate the need for highway relocation. The proposed alternate point of storage will not enlarge the capacity of the reservoir nor would the realignment cause the inundation of any lands not previously identified in the decree in C.A. 2259. By this application, the River District seeks the right to store for all decreed uses the water right described in paragraph II in Rampart Reservoir, as an alternate point of storage, at the following realigned location: Legal Description of Alternate Point of Storage: The dam axis intersects the right abutment in the NW ¼ of the NE ¼ of Section 12, T.9S., R.91W., of the 6th PM at a point 520’ South of the North line and 2,490’ West of the East line. Decreed name of structure for which change is sought: Hansen Canal. Date of original decree, case number and court: May 30, 1972, Case No. C.A. 2259, Moffat County. Legal Description: Point of diversion located on the left bank of Fortification Creek at the head of the outlet works for the Rampart Reservoir described as the NE corner of Section 12, T. 9 N., R. 91 W. of the 6th P.M., bears N 37º07’ E at a distance of 1,442.0 feet. Source: Direct flow of Fortification Creek, tributary to the Yampa River, and from storage releases from Rampart Reservoir. Appropriation Date: August 7, 1962. Amount: 70 c.f.s., conditional. Decreed Uses: Irrigation, domestic, stock watering, municipal, industrial, power, recreational and other beneficial and useful purposes. Detailed description of change of water right: By this application, the River District, seeks to decree an alternate point of diversion for the Hansen Canal. As identified in paragraph III above the River District seeks to decree an alternate point of storage for the Rampart Reservoir right, this change necessitates an alternate point of diversion for the Hansen Canal. The original and alternate point of diversion for the Hansen Canal are identified on Exhibit A attached hereto and incorporated by this reference. By this application, the River District seeks the right to divert for all decreed uses the water right described in paragraph IV at the following alternate point of diversion: Legal Description for the Alternate Point of Diversion: Point of diversion located on the left bank of Fortification Creek at the head of the outlet works for the Rampart Reservoir in the SW ¼ of the SE ¼ of Section 1, T.9S., R.91W., of the 6th PM at a point 820’ North of the South line and 1,545’ West of the East line. Name(s) and address(es) of owner(s) or reputed owners of land on which 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 structures are or may be located and water is or may be stored on land owned by the agencies, entities, and individuals identified in Exhibit B, attached hereto and incorporated herein by this reference. The water will be placed to beneficial use within the extensive boundaries of the River District. The specific owners of land upon which the water rights will be placed to beneficial use will be determined at future dates as the project is developed. The water rights may be put to beneficial use on lands owned by many thousands of individuals and entities. Therefore, it is not feasible to list at this time the names and addresses of the owners of land upon which water may be placed to beneficial use. WHEREFORE, Applicant seeks entry of a final decree that (1) approves the change of water rights as described in paragraph III and paragraph V above, and (2) provides such other relief as may be appropriate and consistent with the application.

12CW23. MOFFAT COUNTY. Application for Finding of Reasonable Diligence (Great Northern Project). Applicant: Colorado River Water Conservation District, c/o Secretary/General Manager, 201 Centennial Street, Suite 200, P.O. Box 1120, Glenwood Springs, Colorado 81602, (970) 945-8522. Please direct all pleadings and correspondence in this case to: Peter C. Fleming and Jason V. Turner. Introduction. This Application is filed pursuant to C.R.S. § 37-92-301(4) and § 37-92-601. The Colorado River Water Conservation District (hereinafter “River District”) is a political subdivision of the State formed by the Colorado Legislature (See C.R.S. § 37-46-101, et seq.) in 1937 for the purpose of safeguarding for the State of Colorado the beneficial consumptive use in Colorado of that portion of the waters of the Colorado River equitably apportioned to the state by interstate compact. Geographically, the River District encompasses an area of approximately 29,000 square miles, including all of twelve and parts of three western Colorado counties. Included in that area are the headwaters and tributaries of the Colorado River mainstem and its principal tributaries, the Gunnison, the White and the Yampa Rivers. The general powers of the River District, set forth in C.R.S. § 37-46-107, inter alia, direct the River District to make surveys and investigations to ascertain the best method of utilizing stream flows within the River District and to make appropriations “ . . . for the use and benefit of the ultimate appropriators . . . .” This statute further directs the River District “. . . to perform all acts and things necessary or advisable to secure and insure an adequate supply of water, present and future, for irrigation, mining, manufacturing, and domestic purposes within said districts (sic).” The decree that is the subject of this Application was obtained in furtherance of these statutory directives. The Board of Directors of the River District has maintained its intent to develop the conditional water rights. The rights involved in this Application have been before this Court for reasonable diligence determinations in previous cases as indicated in the caption of this Application. The most recent decree confirming reasonable diligence in the development of the conditional water rights that are the subject of this Application was entered in Case No. 04CW27, May 15, 2006. Describe conditional water right (as to each structure as depicted on the map attached hereto as Exhibit A) giving the following from the Referee’s Ruling and Judgment and Decree: Name of structure: Rampart Reservoir. Date of original decree, case number and court: May 30, 1972, Case No. C.A. 2259, Moffat County. Legal Description: Point on the right abutment of the dam, whence the NE corner of Section 12, T. 9 N., R. 91 W. of the 6th P.M. bears N. 67º33’ E. at a distance of 2,326.3 feet. Public Land Survey System (PLSS): The legal description for the water right identified above is as it was originally decreed. A legal description for the water right consistent with the PLSS format is: The dam access intersects the right abutment in the NW ¼ of the NE ¼ of Section 12, T9S, R91W, of the 6th PM at a point 520’ South of the North line and 2,130’ West of the East line. Source: Fortification Creek and its tributaries, which is tributary to the Yampa River. Appropriation Date: August 7, 1962. Amount: 12,133.3 acre-feet, conditional. Use: Irrigation, domestic, stock watering, municipal, industrial, power, recreational and other beneficial and useful purposes. Name of structure: Hansen Canal. Date of original decree, case number and court: May 30, 1972, Case No. C.A. 2259, Moffat County. Legal Description: Point of diversion located on the left bank of Fortification Creek at the head of the outlet works for the Rampart Reservoir described as the NE corner of Section 12, T 9 N, R 91 W of the 6th P.M., bears N 37º07’ E at a distance of 1,442.0 feet. Public Land Survey System (PLSS): The legal description for the water right identified above is as it was originally decreed. A legal description for the water right consistent with the PLSS format is: Point of diversion located on the left bank of Fortification Creek at the head of the outlet works for Rampart Reservoir in the SE ¼ of the NE ¼ of Section 12, I9S, R91W, of the 6th PM at a point 1,165’ South of the North line and 835’ West of the East line. Source: Direct flow of Fortification Creek, tributary to the Yampa River, and from storage releases from Rampart Reservoir.