05CW56

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11765-1

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 resume(s) are Application(s) and/or Amended Application(s) filed in the office of Water Division 6, during the month of FEBRUARY 2011. The following is an amended application for publication:

05CW56-3rd AMENDED APPLICATION FOR SURFACE WATER RIGHTS, UNDERGROUND WATER RIGHTS AND STATEMENT OF PLAN FOR AUGMENTATION Name, address, telephone number(s) (residence and business) of applicant(s): Walton Creek, LLC, c/o Brian Boone, 630 Emporia Road, Boulder, CO 80305, (303) 880-2609, Please address all pleadings and correspondence to: Margaret O'Donnell, P.C., Margaret O'Donnell, P.O. Box 773572, Steamboat Springs, CO 80477 A. APPLICATION FOR WATER RIGHTS (SURFACE) 1. Name of structure: Lot 3 Priest Creek Ranch Water Feature Ditch 2. Legal description of point of diversion: SE1/4SE1/4 of Section 33, Township 6 North, Range 84 West, 6th P.M., Routt County, CO, at a point 874 feet from the East Section Line and 1075 feet from the South Section Line, Routt County, CO. See Map, attached as Exhibit A. 3. Source: Walton Creek, tributary to the Yampa River 4. Date of initiation of appropriation: December 1, 2005. A. How appropriation was initiated: by the demonstrated conjunction of intent to appropriate and overt actions including the filing of this application and subsequent diversions from the Lot 3 Priest Creek Ranch Water Feature Ditch to fill the Lot 3 Priest Creek Ranch Well/Pond. B. Date water applied to beneficial use: September 1, 2006. 5. Amount claimed: 1.728 cfs, Absolute 6. Use(s) or proposed use(s): Irrigation: to fill the Lot 3 Priest Creek Ranch Well/Pond and for subsequent irrigation of approximately 2.5 acres on Applicant's land. See Map, attached as Exhibit A. Other Uses: for recharge and the freshening of the Lot 3 Well/Pond for the end uses of recreation, aesthetics, piscatorial, and augmentation (described in C. below) located on Applicant's property in the SE1/4 SE1/4, Section 33, Township 6 North, Range 84 West, 6th P.M., Routt County, CO (Subject Property"). 7. Ownership of land on which diversion structure is located: Priest Creek Ranch Owners Association Attn: Kevin Daly P.O. Box 882890 Steamboat Springs, CO 80488 B. UNDERGROUND WATER RIGHTS 1. Name of well and permit nos.: Lot 3 Priest Creek Well ("Well/Pond"), Application Receipt No.: 546578 2. Legal description of wells: Lot 3 Well/Pond is located in the SE 1/4 SE 1/4 of Section 33, at a point 1179 feet from the South section line and 721 feet from the East section line, Township 6 North, Range 84 West, 6th P.M., Routt County. 3. A. Source: ground water tributary to the Yampa River. B. Depth: 25 feet 4. A. Date of Appropriation: December 9, 2005. B. How Appropriation was initiated: by the demonstrated conjunction of intent to appropriate and overt actions including construction of vault and pumping system and filing for a well permit with State Engineers Office. 5. Amount claimed: 1.728 cfs, Conditional Lot 3 Well/Pond: .36 acre feet of evaporative loss per year, conditional, or that amount as determined by Upper Yampa Water Conservancy District pursuant to the augmentation Umbrella Plan decreed in 06CW49 and described in more detail at C., below. The Well/Pond will be continuously recharged and freshened through import of surface water via the Lot 3 Priest Creek Ranch Water Feature Ditch as described in A., above. The surface area of the Lot 3 Well/Pond and water features on Lot 3 is 0.13 acres. 6. Proposed Uses: A. Irrigation Uses: irrigation of approximately 2.5 acres of the Subject Property. See Map, attached as Exhibit A. B. Other Uses: recreation, aesthetics, piscatorial, and evaporation. C. STATEMENT OF PLAN FOR AUGMENTATION In the event that Applicant's water rights are ever subject to administration by the Division Engineer, Applicant is making application to the Upper Yampa Water Conservancy District ("UYWCD" or the "District") to purchase augmentation water to fully augment the evaporative losses associated with the .13 acre of the surface area of the Lot 3 Priest Creek Well/Pond and water features on Lot 3 and the consumptive use associated with irrigation of 2.5 acres under the Lot 3 Priest Creek Ranch Water Feature Ditch and for subsequent use from the Lots 3 Priest Creek Well/Pond. UYWCD was decreed up to 2,000 acre feet as part of an umbrella augmentation plan in Case No. 06CW49, District court, Water Division No. 6, to provide replacement water to users making out-of- priority diversions affecting certain locations in the Yampa River basin. Applicant is located within the service area of the plan and its diversions fall within area A-2. A. In particular to this application, Area A-2 provides augmentation water by exchange for Walton Creek from its confluence with the Yampa River in the SE1/4NW1/4, Section 28, Township 6 North, Range 84 West of the 6th P.M., upstream to the headgate of the Excelsior Ditch located in the SE1/4 SE1/4, Section 33, Township 6 North, Range 84 West of the 6th P.M., including all areas tributary to Walton Creek and the Yampa River within this reach. The exchange reach for this application will reach up to Applicant's point of diversion for the Lot 3 Priest Creek Ranch Water Feature Ditch as described in A.2., herein. No Injury. Operation of this augmentation plan will prevent injury to any senior vested or decreed conditional water rights. The water to be provided for augmentation is 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 Section 37-92-305(5), C.R.S. Stagecoach Reservoir is located on property owned by Upper Yampa Water Conservancy district, P.O. Box 880339, Steamboat Springs, CO 80488. Remarks: Applicant requests absolute surface water rights for the Lot 3 Priest Creek Ranch Water Feature Ditch, conditional groundwater rights for the Lot 3 Priest Creek Ranch Well/ Pond, for a finding that all of the above- mentioned conditional water rights can and will be diverted and applied to beneficial use, and judicial confirmation that any out-of-priority diversions associated with these water rights, as decreed, will be fully augmented under the Upper Yampa Water Conservation District umbrella plan decreed in Case No. 06CW49.

You are hereby notified that you will have until the last day of APRIL, 2011 to file with the Water Court 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 Statement of Opposition must be served on the Applicant or the Applicant's Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, P.O. Box 773117, Steamboat Springs, CO 80477.

ROUTT COUNTY COMBINED COURT

WATER DIVISION 6

/s/: M. Rene Mattone By: M. Rene Mattone

Court Judicial Assistant

Published in The Steamboat Pilot & Today

Publication Date: March 20, 2011

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Published in The Steamboat Pilot & Today Publication Date: March 20, 2011

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