District Court, Water Div

DISTRICT COURT, WATER DIV. 6, COLORADO

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 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 Div. 6, during the month of DECEMBER, 2009.

REPUBLICATION IN ITS ENTIRETY: 09CW55 was not published in its entirety in November’s 2009 Resume; page 2 was inadvertently omitted. This constitutes a corrected notice:

1. 09CW55RioBlancoCounty, Marvine Creek, tributary of the White River. APPLICATION FOR WATER STORAGE RIGHTS AND SURFACE WATER RIGHTS. First Claim: Upper LakeWater Storage Right. 1. Name, mailing address, email address and home telephone number of Applicant: White-Mar Ranch, c/o Mr. Bruce Fayman, 3042 County Road 12, Meeker, CO 81641, (970) 878-4791; email address: . Please address all correspondence to: Peggy E. Montaño, Esq., Trout, Raley, Montaño, Witwer & Freeman, P.C. 1120 Lincoln Street, Suite 1600, Denver, CO 80203. 2. Name of Reservoir: Upper Lake; 3. Legal description of location of dam: The centerline of the dam axis is located in the NE/4 NE/4 of Section 28, Township 1 North, Range 90 West of the 6th P.M. at a point approximately 30 feet south of the north section line and 380 feet west of the east section line, Rio Blanco County, Colorado. (See location map attached as Exhibit 1). 4. Source: Marvine Creek, via Marvine No.3 Ditch Enlargement, a tributary of the White River. Name of ditch used to fill reservoir: Marvine No.3 Ditch Enlargement. 5. Off channel reservoir: NA. 6. A. Date of Appropriation: June 15, 1929; B. How appropriation was initiated: Pond was dug out and water used for piscatorial, fire protection, aesthetics, livestock; C. Date water applied to beneficial use: June 15, 1929. 7. Amount claimed: 1.9 acre feet, with the ability to fill and refill. X Absolute ____ Conditional. 8. Uses: Piscatorial, fire protection, aesthetics, livestock. A. If non irrigation, describe purpose fully: Piscatorial, fire protection, aesthetics, livestock. 9. Surface area of high water line: 0.32 acres; A. Maximum height of dam in feet: 8.0; B. Length of dam in feet: 177.0; C. Total capacity of reservoir in acre feet: 1.9. 10. Name(s) and address(es) of owner(s) of the land upon which any diversion or storage structure, or modification to any existing diversion or storage structure is: White-Mar Ranch c/o Mr. Bruce Fayman,

3042 County Road 12

, Meeker, CO 81641. 11. Other information: N/A Second Claim: Lower Lake Water Storage Right. 1. Name, mailing address, email address and home telephone number of Applicant: same as above. 2. Name of Reservoir: LowerLake 3. Legal description of location of dam: The centerline of the dam axis is located SE4/SE4 of Section 21, Township 1 North, Range 90 West of 6th P.M. at a point approximately 290 feet north of the south section line and 470 feet west of the east section line, Rio Blanco County, Colorado. (See location map attached to the Application as Exhibit 1) 4. Source: Marvine Creek, via Marvine No.3 Ditch Enlargement and Lower Lake Feeder Ditch, tributary of the White River. Ditch used to fill reservoir and capacity in cubic feet of water per second: Marvine Ditch No. 3 Ditch Enlargement, with a capacity of 5.2 cfs. 5. Off channel reservoir: N/A. 6. A. Date of Appropriation: June 15, 1929. B. How appropriation was initiated: Pond was dug out, dam constructed and water used for piscatorial, fire protection, aesthetics, livestock. C. Date water applied to beneficial use: June 15, 1929. 7. Amount claimed: 5.7 acre feet absolute, with the ability to fill and refill LowerLake. 8. Use: Piscatorial, fire protection, aesthetics, livestock. A. If non irrigation, describe purpose fully: Piscatorial, fire protection, aesthetics, livestock. 9. Surface area of high water line: 0.8 acres A. Maximum height of dam in feet: 8.0 feet B. Length of dam in feet: 355.0 feet 10. Name(s) and address(es) of owner(s) of the land upon which any diversion or storage structure is: White-Mar Ranch c/o Mr. Bruce Fayman, 3042 County Road 12, Meeker, CO 8164. 11. Other information: Third Claim: Surface Water Right for Marvine No. 3 Ditch Enlargement. 1. Name, mailing address, email address and home telephone number of Applicant: same as above. 2. Name of Structure: Marvine No. 3 Ditch Enlargement. 3. Legal description: The headgate of said ditch is located NE/4 NW/4 of Section 27, Township 1 North, Range 90 West of 6th P.M. at a point approximately 1,265 feet south of the north section line and 2,930 feet west of the east section line, Rio Blanco County, Colorado. (See location map attached as Exhibit 1) 4. Source: Marvine Creek, a tributary of the White River. 5. A. Date of Appropriation: June 15, 1929. B. How appropriation was initiated: water used to fill and refill UpperLake and LowerLake. Reservoirs for piscatorial, fire protection, aesthetics, livestock uses. C. Date water applied to beneficial use: June 15, 1929. 6. Amount claimed: 2.6 cfs. X Absolute ____Conditional 7. Use: Fill and refill Upper and LowerLake reservoirs, piscatorial, fire protection, aesthetics, livestock. A. If non irrigation, describe purpose fully: Piscatorial, fire protection, aesthetics, livestock. 8. Name(s) and address(es) of owner(s) of the land upon which any diversion or storage structure is: White-Mar Ranch, c/o Mr. Bruce Fayman, 3042 County Road 12, Meeker, CO 81641. 9. Other information: Fourth Claim: Surface Water Right for Lower Lake Feeder Ditch. 1. Name, mailing address, email address and home telephone number of Applicant: same as above. 2. Name of Structure: Lower LakeFeeder Ditch. 3. Legal description: The point of diversion for the ditch is located in the SE/4 SE/4 of Section 28, Township 1 North, Range 90 West of 6th P.M. at a point approximately 0 feet south of the north section line and 95 feet west of the east section line, Rio Blanco County, Colorado. (See location map attached to the Application as Exhibit 1) 4. Source: Marvine Creek, a tributary of the White River. 5. A. Date of Appropriation: June 15, 1929. B. How appropriation was initiated: water used to fill Lower Lake Reservoir, which was used for piscatorial, fire protection, aesthetics, livestock uses. C. Date water applied to beneficial use: June 15, 1929. 6. Amount claimed: 2.6 cfs. X Absolute ____ Conditional. 7. Use: Fill and refill Lower Lake reservoir, piscatorial, fire protection, aesthetics, livestock. A. If non irrigation, describe purpose fully: piscatorial, fire protection, aesthetics, livestock. 8. Name(s) and address(es) of owner(s) of the land upon which any diversion or storage structure is: White-Mar Ranch, c/o Mr. Bruce Fayman, 3042 County Road 12, Meeker, CO81641. 9. Other information: White-Mar Ranch ponds and associated ditches have been in place and used for decades, however, no water rights for the structures have been adjudicated. This filing is to conform the use with a decreed water right. The application is eight pages.

2. CASE NO. 09CW63 MOFFAT COUNTYAPPLICATION FOR WATER RIGHTS (SURFACE). 1. Name, address, telephone number of applicant: United States of America, Kristen C. Guerriero, #32663, Arthur R. Kleven, #36081, Special Assistant U.S. Attorneys, Office of the Regional Solicitor, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215. Phone: (303)231-5353, x552 Facsimile: (303)231-5363. 2. Name of structure: Big Knat Spring 3. Legal description of each point of diversion: Located on public lands in the NE/4 NE/4 SW/4, Section 29, T4N R97W, 6th P.M. approximately 2,250 feet east of the west section line and 2,550 feet north of the south section line. 4. Source: Unnamed tributary to Sagebrush Creek/White River/Green River. 5. A. Date of appropriation: August 7, 2001. B. How appropriation was initiated: BLM authorized use of the Sagebush Creek Allotment (4403) and its associated water sources by grazing permittees. Subsequently, BLM personnel inventoried the quality and quantity of water available for wildlife use. C. Date water applied to beneficial use: August 7, 2001. 6. Amount claimed: 0.0012 cfs, absolute. 7. Uses: Livestock watering and wildlife. This spring provides water for a herd of up to 2854 sheep in the Sagebrush Creek Allotment (4403). In addition, the spring provides water for deer, elk, small mammals, and birds. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, 455 Emerson Street, Craig, CO 81625.

3. 09CW64RouttCounty Application for Change of Water Right (Alternate Point of Diversion). Applicant: RSW Holdings, LLC, a Colorado limited liability company, c/o Michael J. Holloran, Esq. P.O. Box 773600, Steamboat Springs, CO 80477. Attorney for the Applicant: Michael J. Holloran, Esq, P.O. Box 773600, Steamboat Springs, CO 80477. Telephone: 970-879-2410. Name of Structure: Cullen Ditch #2. Date of original and all relevant subsequent decrees and adjudicated amounts: (1) 09/15/1902 Case No. N/A 1.66 c.f.s. (2) 09/14/1946 Case No: CA2475 4.34 c.f.s. (3) 05/30/1972 Case No. CA3926 2.0 c.f.s. Source: tributary to the Elk River. Legal Description of existing point of diversion is: The headgate is located on the right or west bank of the Elk River whence the SW corner of Section 14, Township 7 North of Range 86 West of the 6th P.M. bears South 40 degrees 15 minutes West (variation 15 degrees East) 75 chains. Legal Description of the alternate point of diversion is: 1991 Feet from South line of Section 14 and 2211 Feet from West line of Section 14, T7N, R85W of the 6th P.M. Name and address of owner of the land upon which the alternate point of diversion is or will be located: Applicant.

4. CASE NO. 09CW65 - ROUTT COUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) - 1.Name, address, telephone number of applicant:

United States of America, c/o Kristen C. Guerriero, #32663, Arthur R. Kleven, # 36081

Special Assistant U.S. Attorneys, Office of the Regional Solicitor,755 Parfet Street, Suite 151, Lakewood, Colorado80215. Phone:(303) 231-5353Facsimile:(303) 231-5363. 2.Name of structure: Oldsmobile Spring 3. Legal description of each point of diversion: Located on public lands in the SE/4 NW/4 NW/4, Section 26, T4N R86W, Sixth Prime Meridian, approximately 1,325 feet east of the west section line and 1,000 feet south of the north section line. 4. Source: Unnamed tributary to Little Trout Creek/Trout Creek/Yampa River. 5. A. Date of appropriation: 08/16/2001 B. How appropriation was initiated: BLM authorized use of the Trout Creek Allotment (4170) and its associated water sources by grazing permittees. Subsequently, BLM personnel inventoried the quality and quantity of water available for wildlife use. C. Date water applied to beneficial use: 02/11/1963 6. Amount claimed: 0.0006 cfs, absolute 7. Use: Livestock watering and wildlife. The spring provides water for a herd of up to 19 cattle and 36 sheep in the Trout Creek Allotment (4170). In addition, the spring provides water for deer, elk, small mammals, and birds. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, 455 Emerson Street, Craig, CO 81625.

5. CASE NO. 09CW66 - MOFFATCOUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) - 1. Name, address, telephone number of applicant:

United States of America, c/o Kristen C. Guerriero, #32663, Arthur R. Kleven, #36081, Special Assistant U.S. Attorneys, Office of the Regional Solicitor,755 Parfet Street, Suite 151, Lakewood, Colorado 80215.Phone:(303) 231-5353Facsimile:(303) 231-5363. 2.Name of structure: Bible Spring #2 3. Legal description of each point of diversion: All UTM data are from Zone 12 and use the NAD 83 (CONUS) Datum. Located on public lands in the NE/4 NW/4, Section 34, T12N R89W, 6th P.M., approximately 300 feet south of the north section line, and 1,950 feet east of the west section line. 300720mE 4536802mN 4. Source: Unnamed tributary to Slater Creek/Little Snake River 5. A. Dates of appropriation: 09/04/2001 B. How appropriation was initiated: The Bureau of Land Management authorized use of the BibleBackMountain and its associated water sources by grazing permittees. Subsequently, BLM personnel inventoried the quantity of water available for wildlife use. C.Date water applied to beneficial use: 09/04/2001 6. Amount claimed: 0.0006 cfs, absolute. 7. Use(s): Livestock watering and wildlife. The spring provides water for livestock grazing on the Bible Back Mountain Allotment. In addition, the spring also provides water for elk, deer, mountain lion, bears, small mammals, and birds.8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Little Snake Field Office, 455 Emerson St., Craig, CO 81625.

6. CASE NO. 09CW67 - MOFFAT COUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) - 1.Name, address, telephone number of applicant:

United States of America, c/o Kristen C. Guerriero, #32663, Arthur R. Kleven, # 36081, Special Assistant U.S. Attorneys, Office of the Regional Solicitor,755 Parfet Street, Suite 151, Lakewood, Colorado80215. Phone:(303) 231-5353Facsimile:(303) 231-5363. 2.Name of structure: Jana’s Spring 3. Legal description of each point of diversion: All UTM data are from Zone 12 and use the NAD 83 (CONUS) Datum. Located on public land in the NW/4 NE/4, Section 1, T10N R103W, 6th P.M., approximately 400 feet south of the north section line, and 2,550 feet west of the east section line. 674913mE 4525453mN 4. Source: Unnamed tributary to Green River5. A. Dates of appropriation: 05/24/2006 B. How appropriation was initiated: The Bureau of Land Management was authorized to manage public lands for wildlife habitat purposes by the passage of the Federal Land Policy and Management Act. Subsequently, BLM personnel inventoried the quantity and quality of water available for wildlife use. C. Date water applied to beneficial use: 05/24/2006 6. Amount claimed: 0.0011 cfs, absolute 7.Use(s): wildlife watering. The spring provides water for wildlife, including bighorn sheep, elk, deer, mountain lion, bears, coyote, migratory birds, and raptors. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Little Snake Field Office, 455 Emerson St., Craig, CO 81625.

7. CASE NO. 09CW69, CONCERNING THE APPLICATION FOR WATER RIGHTS OF: SAMUEL B. POTTER AND TERESA A. POTTER, in the White River and its tributary Flag Creek, in Garfield and Rio Blanco Counties. APPLICATION FOR SURFACE WATER RIGHTS AND FOR A WATER STORAGE RIGHT. 1. Name, mailing address, email address, and home telephone number of Applicants: Samuel B. Potter & Teresa A. Potter, P.O. Box 148, Rifle, CO 81650, , 970-625-2882. Pleadings and inquiries should be directed to: Barbara L. Clifton, Esq., Stuver, LeMoine & Clifton, P.C., P.O. Box 907, Rifle, CO81650, 970-625-1887. Rifle, CO81650. FIRST CLAIM - SURFACE WATER RIGHT: 2. Name of structure: Whiskey Spring Pipeline. Type: Pipeline. 3. Legal description of point of diversion: Garfield County, SENW of Section1, Township 3 S, Range 94 W of the 6th P.M. Distances from section lines: 1690 feet from N and 1835 feet from W. 4. Source: unnamed tributary to Flag Creek, tributary to the White River. 5. A. Date of initiation of appropriation: August 11, 2007. B. How appropriation was initiated: construction of pipeline. C. Date water applied to beneficial use: August 16, 2007. 6. Amount claimed: 0.50 cfs; 0.25 cfs absolute and 0.25 cfs conditional. 7. Use or proposed use: A. If irrigation, complete the following: Number of acres proposed to be irrigated: 0.85 acres. B. If non-irrigation, described purpose fully: livestock watering for up to 200 head of livestock, incidental wildlife uses, piscatorial, recreation, aesthetics, fire protection, filling and refilling reservoir, and augmentation. 8. Names and address of owners of land upon which any new diversion or storage structure is constructed: Jolley-Potter Ranches, LLC, P.O. Box 148, Rifle, CO 81650. SECOND CLAIM - SURFACE WATER RIGHT- 9. Name of structure: Whiskey Park Pipeline. Type: Pipeline.10. Legal description of point of diversion: GarfieldCounty, SWNW of Section 1, Township 3 S, Range 94 W of the 6th P.M. Distances from section lines:1725 feet from N and 965 feet from W. 11. Source: unnamed tributary to Flag Creek, tributary to the White River.12.A. Date of initiation of appropriation: August 11, 2007. B. How appropriation was initiated: formation of intent to construct pipeline. C. Date water applied to beneficial use: October 7, 2009. 13. Amount claimed: 0.50 cfs; 0.25 cfs absolute and 0.25 cfs conditional. 13. Use or proposed use: A. If irrigation, complete the following: Number of acres proposed to be irrigated: 0.85 acres. B. If non-irrigation, described purpose fully: livestock watering for up to 200 head of livestock, incidental wildlife uses, piscatorial, recreation, aesthetics, fire protection, filling and refilling the reservoir and augmentation.14. Names and address of owners of land upon which any new diversion structure is constructed: Jolley-Potter Ranches, LLC, P.O. Box 148, Rifle, CO 81650.THIRD CLAIM - WATER STORAGE RIGHT 15. Name of reservoir: WhiskeyPark Reservoir. 16. Legal description of location of dam centerline: Garfield County, SENE of Section 2, Township 3S, Range 94 W of the 6th P.M. Distances from section lines: 2035 feet from N and 120 feet from E. 16. Source: unnamed tributary to Flag Creek, tributary to the White River. Name of structures used to fill reservoir and capacity in cfs: Whiskey Spring Pipeline (at Whiskey Spring Alternate Point) - 0.50 cfs; and Whiskey Park Pipeline (outlet of Whiskey Spring Reservoir)-0.50 cfs. Whiskey Spring Pipeline and Whiskey Park Pipeline are used alternatively to fill Whiskey Park Reservoir. 17. If off channel reservoir, name and capacity of structure used to fill reservoir and legal description of each point of diversion: Whiskey Spring Pipeline (at Whiskey Spring Alternate Point) - 0.50 cfs. Garfield County, SENW of Section1, Township 3 S, Range 94 W of the 6th P.M. Distances from section lines: 1690 feet from N and 1835 feet from W; and Whiskey Park Pipeline (outlet of Whiskey Spring Reservoir)-0.50 cfs. GarfieldCounty, SWNW of Section 1, Township 3 S, Range 94 W of the 6th P.M. Distances from section lines: 1725 feet from N and 965 feet from W. The cumulative rate of diversion for both Whiskey Spring Pipeline and Whiskey Park Pipeline to the reservoir shall not exceed 0.50 cfs. 18. A. Date of appropriation: August 11, 2007. B. How appropriation was initiated: Construction of reservoir. C. Date water applied to beneficial use: August 16, 2007. 19. Amount claimed: 2.50 acre feet, absolute. If off-channel reservoir, rate of diversion: 0.50 cfs; 0.25 cfs absolute and 0.25 cfs conditional. 20. Uses: A. If irrigation, complete the following: A. Number of acres historically irrigated: 0. B. Total number of acres proposed to be irrigated:0.85 acres. The location of the acreage to be irrigated for all claims is shown on the map attached to the application. B. If non-irrigation, described purpose fully: livestock watering for up to200 head of livestock, incidental wildlife uses, piscatorial, recreation, aesthetics, fire protection, and augmentation. 21. Surface area of high water line: 0.75 acre. A. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the nature surface of the ground where the point occurs along the longitudinal centerline of the dam up to the crest of the emergency spillway of dam: 9.5 feet. B. Length of dam in feet: 225.0 feet. 22. Total capacity of reservoir in acre feet: 2.50 acre feet. Active capacity: 2.50 acre feet; Dead storage: 0 acre feet. 23. Names and address of owners of land upon which any new storage structure is constructed and upon which water will be stored: Jolley-Potter Ranches, LLC, P.O. Box 148, Rifle, CO 81650.

8. 09CW70 RIOBLANCOCOUNTY Application for Water Rights (Surface & Underground) Applicant: Don Valentine for Western Gravel LLC, P.O. Box 881090, Steamboat Springs, CO 80488 970-879-2383 . Name of structures: Western Gravel Pump Site No 1, Western Gravel Pump Site No 2, Western Gravel Pump Site No 3. Legal description of point of diversion for Western Gravel Pump Site No 1 & No 2: SE/4 SE/4 Sec. 36, T2N, R97W, of 6th PM. Pump Site No 1 is located approximately 210 ft. from the south section line and 1200 ft. from the east section line in Sec. 36, T2N, R97W. Pump Site No 2 is located approximately 330 ft. from the south section line and 940 ft. from the east section line in Sec. 36, T2N, R97W. Legal description of point of diversion for Western Gravel Pump Site No 3: NE/4 SW/4 Sec. 9, T1N, R96W of the 6th P.M. located approximately 2000 ft. from the south section line and 2570 ft. from the west section line in Sec. 9, T1N, R96W. Optional Additional Description: GPS location information in UTM format. Were point averaged? Yes Pump Site No 1 – Northing 4441650 m, Easting 736890 in zone 12. Pump Site No 2 – Northing 4441682 m, Easting 736966 in zone 12. Pump Site No 3 – Northing 4439104 m, Easting 741330 in zone 12. Source: Surface and ground water tributary to the White River. Date of initiation of appropriation: all pump sites – 01/08/2008. How appropriation was initiated: by developing plan to divert and use water. Date water applied to beneficial use: Pump Site No 1 – 05/01/2008; Pump Site No 2 – 05/01/2008. Amount Claimed: Pump site No 1 – 3.5 cfs, absolute; Pump Site No 2 – 3.5 cfs, absolute, Pump Site No 3 – 3.0 cfs. conditional. Use or proposed use: Commercial and industrial, specifically for processing gravel as well providing a raw water product for energy development and related activities. Landowner is Applicant for Pump Sites No 1 and 2. Landowner for Pump Site No. 3 is Sam Love, P.O. Box 84, Meeker, CO 81641. Remarks: Two portable diesel powered pumps with a combined capacity of 3.5 cfs are used at Pump Site No. 1, a gravel pit (SEO permit no 67599F) and Pump Site No 2 on the White River.