Steamboat Pilot & Today

11761-1

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.

CASE NO. 10CW75, APPLICATION FOR WATER RIGHTS AND CHANGE OF WATER RIGHT, IN ROUTT COUNTY, COLORADO- Names and Addresses and Telephone Number of Applicants: Markus P. Koro and Kimberly M. Koro, 15168 Rancho Real,Del Mar, CA 92130, (858) 259-0678, Send Pleadings to: Margaret O'Donnell, Margaret O'Donnell, P.C., PO Box 773572, Steamboat Springs, CO 80477 (970) 879-2104 I. APPLICATION FOR NEW WATER RIGHTS A. APPLICATION FOR WATER STORAGE

RIGHT 1. Name of Reservoir: Westland Pond No. 2 Enlargement 2. Legal description of location of dam centerline: located in NW 1/4 SW1/4 of Section 17, Township 9 North, Range 84 West of the 6th P.M., Routt County, at a point 1,650 feet South of the North Section line and 495 feet East of the West section line. 3. Name and capacity of the ditch used to fill Wetland Pond No. 2 Enlargement: Westland Pipeline No. 1 with a capacity of 0.5 cfs. 4. Legal description of ditch used to fill reservoir: Located in the NW1/4SW1/4 of Section 17, Township 9 North, Range 84 West, 6th P.M., at a point 2,020 feet South of the North Section line and 245 feet East of the West Section line. 5. Source: Unnamed tributary of the Elk River, tributary to the Yampa River. 6. A. Date of appropriation: December 14, 2009. B. How appropriation was initiated: by the demonstrated conjunction of intent to appropriate and overt actions, including but not limited to, the purchase of the property by Applicants, the survey of said property, discussions with Vista Verde regarding its use of Westland Pond No. 2 for stock watering of

approximately 25 head and irrigating Applicants' meadow for use of for grazing purposes, and

subsequent determination to enlarge the structure to accommodate these uses. C. Date water applied to beneficial use: N/A 7. Amounts claimed: 1.0 acre feet, conditional with the right to fill and refill in the amount of 1.0 acre feet. 8. Use: recreation, aesthetic, piscatorial, and augmentation and the stock watering of 25 head and irrigation of approximately two acres of Applicants' land a. irrigation: Applicants will irrigate approximately 1.5 additional acres located in the NW1/4SW1/4 of Section 17, Twp. 9 N., Range 84 West, 6th P.M. b. Non-irrigation uses: water will be used for stock watering of 25 head, recreation, piscatorial and augmentation uses. Augmentation uses will be to provide augmentation water to provide replacements for depletions occurring on Applicants' land in Tracts A and B of the H.E.S. Survey No. 244 and Lot 10, Section 17 and 18, Township 9 North, Range 84 West of the 6th P.M., Routt County, CO and more particularly described at Reception No. 694220 of the Routt County real estate records. 9. Surface area of high water line: .75 acres A. Vertical height of dam in feet: 10 feet B. Length of dam in feet: 200 feet 10. Total capacity of reservoir in acre feet: 2.0 acre feet Active capacity: 2.0 acre feet Dead storage: 0 acre feet 11. Name of owner of land upon which structure will be located: Applicants B. APPLICATION FOR WATER RIGHT (SURFACE) 1. Name of structure: Westland Pipeline No. 1 Enlargement 2. Legal description of point of diversion: Located in the NW1/4SW1/4 of Section 17, Township 9 North, Range 84 West, 6th P.M., at a point 2,020 feet South of the North Section line and 245 feet East of the West Section line. 3. Source: Unnamed tributary of the Elk River, tributary of the Yampa River. 4. A. Date of appropriation: December 14, 2009. B. How appropriation was initiated: by the demonstrated conjunction of intent to appropriate and overt actions, including but not limited to, the purchase of the property by Applicants, the survey of said property, discussions with Vista Verde regarding its use of Westland Pond No. 2 for stock watering of approximately 25 head and irrigating Applicants' meadow for use of for grazing purposes, and subsequent determination to enlarge the structure to accommodate these uses. C. Date water applied to beneficial use: N/A. 7. Amounts claimed: 0.5cfs, conditional. 8. Use: irrigation, stock watering, recreation, aesthetic, piscatorial, and augmentation. The water right will be used to fill and refill the Westland Pond No. 2 for the subsequent uses of irrigation, stock watering, recreation, aesthetic, piscatorial, and augmentation. a. Irrigation: Applicants proposed to irrigate an additional 1.5 acres of their property located in the NW1/4SW1/4 of Section 17, Township 9 North, Range 84 West, 6th P.M. b. non-irrigation: water will be used to fill and refill the Westland Pond No. 2 when in priority as well as provide stock water, recreation, aesthetic, piscatorial, and augmentation uses. II. APPLICATION FOR CHANGE OF WATER RIGHT 1. Decreed water rights for which change is sought: A. Name of structures: Westland Pipeline No.1, Westland Pond No. 2 B. Date of original and all relevant subsequent decrees: Date entered: 12/31/2007 Case No.: 2006CW50 Court: District Court in for Routt County C. Legal descriptions of structures: Westland Pipeline No. 1.: Located in the SW1/4NW1/4 of Section 17, Township 9 North, Range 84 West, 6th P.M., at a point 2510 feet from the North Section line and 175 feet from the West Section line. Westland Pond No. 2: the dam is located in the SE1/4NE1/4, Section 18, Township 9 North, Range 84 West, 6th P.M. at a point 1935 feet from the North Section line and 590 feet from the East Section line. D. Decreed source of water: Unnamed tributary of the Elk River, for both structures. E. Appropriation Date: 07/07/2006 for both structures. Total amounts decreed to structures : 1) Westland Pipeline No. 1: 0.5cfs, conditional. 2) Westland Pond No. 2: 1.0 acre feet, conditional with the right to fill and refill F. Decreed use or uses: 1) Westland Pipeline No. 1: Irrigation, stock watering, recreation, piscatorial, and augmentation. The water right will be used to fill and refill the Westland Pond No. 2 for the subsequent uses of irrigation, recreation, piscatorial, and augmentation. 2) Westland Pond No. 2: recreation, aesthetic, piscatorial, and augmentation. a. If irrigation, complete the following: Number of acres historically irrigated: 0; proposed to be irrigated: 0.5 Legal description of acreage: water for the Westland Pipeline No. 1 is decreed to be used to irrigate 0.5 acres of landscape located in the SE1/4NE1/4 of Section 18, Twp. 9 N., Range 84 West, 6th P.M. b. If non-irrigation, describe purpose fully: Water decreed to the Westland

Pipeline No. 1 will be used to fill and refill the Westland Pond No. 2 when in priority as well as

provide stock water, recreation, piscatorial, and augmentation uses. Non-irrigation uses for the

Westland Pond No. 2 include recreation, aesthetic, piscatorial, and augmentation uses. G. Amount of water that Applicants intend to change: 1) Westland Pipeline No. 1: 0.5cfs, conditional. 2) Westland Pond No. 2: 1.0 acre feet, conditional with the right to fill and refill. (0.0 AF dead capacity, 1.0 AF active) (a) Surface area of high waterline: 0.24 acres (b) Maximum size of dam: 4 feet (c) Length of dam: 50 feet 2. Detailed description of change: Applicants have purchased a parcel of property from the original claimant to the decree for the above-referenced water rights. Applicants and claimant have entered into an agreement whereby claimant has agreed that the point of diversion for Westland Pipeline No. 1 and the location of Westland Pond No. 2 may be changed so they are located on the Applicants' property. This agreement was recorded in the real estate records for Routt County at Reception No. 694222 on

December 14, 2009. The changed locations for these structures are as follows: (a) Westland Pipeline No. 1: located in NW 1/4 SW1/4 of Section 17, Township 9 North, Range 84 West of the 6th P.M., Routt County, at a point 2,020 feet South of the North section line and 245 feet East of the West Section line. (b) Westland Pond No. 2: located in NW 1/4 SW1/4 of Section 17, Township 9 North, Range 84 West of the 6th P.M., Routt County, at a point 1,650 feet South of the North Section line and 495 feet East of the West section line. With the change in location for the pipeline and reservoir, the lands irrigated under these structures will be changed as follows: (1) a. If irrigation, complete the following: Number of acres proposed to be irrigated: 0.5 Legal description of acreage: water will be used to irrigate 0.5 acres of landscape located in the NW1/4 SW1/4 of Section 17, Township. 9 N., Range 84 West, 6th P.M. Non-irrigation uses of stock watering, recreation, aesthetic, piscatorial, and augmentation uses will occur for these structures at the changed locations. Name and address of owner or reputed owner of land upon which any new diversion or storage structure will be constructed: Applicants, for all above-described claims. Remarks: Applicants requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, granting new water rights for the Westland Pond No. 2 and the Westland Pipeline No. 1 for the amounts and uses described above, approval of the applied for change in point of diversion and place of storage and preserving Applicants' senior water rights priorities in the amounts and uses as set forth herein for the requested change of water right, and grants to Applicants such other relief as the Court deems just and proper.

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

10256355

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