District Court, Water Division 6, Colorado s1

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 October, 2008.

1.  08CW30 MOFFAT COUNTY Application for Finding of Diligence for Conditional Use. Applicant: Reserve Coal Properties Co., C/O Tom Mikesell, PO Box 1020, Craig, CO 81626, Ph. 970-824-5812. Name of structures: RCP Lake #2, RCP Lake #3, RCP Lake #5, RCP Lake #6, RCP Pond #1, RCP Pond #2, RCP Pond #3, RCP Pond #4, RCP Pond #5, RCP Pond #6, RCP Pond #7, and RCP Reservoir #2. Type of structure: RCP Lake #6 & RCP Pond #7 are natural lakes, the remaining structures are Reservoirs. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: Date of Original Decree: August 5, 2002 Case No. 01CW35 (91CW112) Court: Water Court #6. Legal Description: RCP Lake #2 - SE ¼ of NE ¼ of Section 20, T4N, R90W, of the 6th P.M. at a point 200’ from the East Section line and 1900” from the North line of said section. RCP Lake #3 – NE ¼ of SE ¼ of Section 19, T4N R90W of the 6th P.M. at a point 300’ from the East Section line and 2400’ from the South line of said Section. RCP Lake #5 – NE ¼ of SW ¼ of Section 13, T4N R91W of the 6th P.M. at a point 2150’ from the West Section line and 1350’ from the South line of said Section. RCP Lake #6 – NW ¼ of NE ¼ of Section 27, T4N, R91W of the 6th P.M. at a point 1500’ from the East Section line and 1150’ from the North of said Section. RCP Pond #1 – SW ¼ of NE ¼ of Section 14, T4N R90W of the 6th P.M. at a point 1950’ from the East section line and 2000’ from the North line of said Section. RCP Pond #2 – NE ¼ of NE ¼ of Section 16, T4N R90W of the 6th P.M. at a point 5100’ from the West Section line and 550’ from the North line of said Section. RCP Pond #3 – NW ¼ of SW ¼ of Section 27, T4N R90W of the 6th P.M. at a point 500’ from the West Section line and 2100’ from the South line of said Section. RCP Pond #7 – SE ¼ of NE ¼ of Section 31, T4N R90W of the 6th P.M. at a point 0’ from the East. Section line and 2400’ from the North line of said Section. RCP Reservoir #2 – SW ¼ of NW ¼ of Section 33 T4N R90W of the 6th P.M. at a point 1200’ from the West Section line and 2200’ from the North line of said Section. Date of Original Decree: Dec. 22, 2003 Case No. 03CW26 (02CW89) Court: Water Court #6. Legal Description: RCP Pond #4 – SE ¼ of SE ¼ of SW ¼ of Section 21 T4N R90W of the 6th P.M. at a point 200’ from the South Section line and 2300’ from the West line of said Section. Date of Original Decree: Nov. 14, 2003 Case No. 03CW35 (01CW90) Court: Water Court #6. Legal Description: RCP Pond #5 – NW ¼ of NE ¼ of Section 22 T4N R90W of the 6th P.M. at a point 2400’ from the East Section line and 900’ from the North line of said Section. RCP Pond #6 – NW ¼ of SE ¼ of Section 22 T4N R90W of the 6th P.M. at a point 2500’ from the East Section line and 1950’ from the South line of said Section. Source: The source for all structures is: Tributaries to the Williams Fork. Appropriation Date for all structures is March 30, 1991. Amount of water awarded is: RCP Lake #2: 20.0 acre-feet – absolute; RCP Lake #3: 12.0 acre-feet – absolute; RCP Lake #5: 11.0 acre-feet – absolute; RCP Lake #6 .1 cfs – absolute; RCP Pond #1: 10.0 acre-feet – absolute; RCP Pond #2: 7.0 acre-feet – absolute; RCP Pond #3: 11.0 acre-feet – absolute; RCP Pond #4: 30.0 acre-feet – absolute; RCP Pond #5: 16.0 acre-feet – absolute; RCP Pond #6: 16.0 acre-feet – absolute; RCP Pond #7 .1 cfs – absolute; RCP Reservoir #2: 12.0 acre-feet – absolute; Conditional Uses: RCP Lake #6 and RCP Pond #7: domestic, industrial, commercial, mining, dust suppression, and fire protection. RCP Pond #4, RCP Pond #5 and RCP Pond #6: domestic, industrial, commercial, mining, dust suppression, recreation, fire protection, fish propagation, irrigation, and other beneficial uses. RCP Lake #2, RCP Lake #3, RCP Lake #5, RCP Pond #1, RCP Pond #2, RCP Pond #3, RCP Reservoir #2: domestic, industrial, commercial, mining, dust suppression, recreation, fish propagation, and fire protection. Provide a detailed outline of what has been done: see reports attached to original application. Name and address of owner: Reserve Coal Properties Co., 1800 Washington Rd, Pittsburgh, PA 15241

2.  08CW34 – ROUTT COUNTY–Application for finding of diligence. Applicant: David Bonfiglio, PO Box 748, 25655 Shining Mtn Way, Oak Creek, 80467, 970-846-1151. Structure: Name-Chelsea’s Channel, Type-Ditch. Date of original decree: 5/13/02, case #01CW84, Water Div 6. Legal Description: SW¼, NW¼, Sec 25, T4N, R86W, 6th PM, 1250 ft from N and 1050 ft from W sec lines. Source: Unnamed tributary to Trout Creek tributary to Yampa River. Appropriation date: 10/15/01, amount: 0.5 cfs. Use: Recreation, aesthetic, stock water, irrigation, fire protection, wildlife. What has been done toward completion: Deepened spring fed ponds to allow for horses, llamas and wildlife to drink & started irrigation for better grass growth for livestock/wildlife (maintained full flow through). Owner: applicant.

3.  08CW48 – MOFFAT COUNTY Application for Water Storage Right. Applicant Gary A. & Mary A. Kihlstrom, 34980 N.Hwy 13, Craig, CO 81625, 970-824-8380. Name of Reservoir: Kihlstrom Pond. Legal Description: Parcel #04065916300321, Moffat County, NE¼ of the SW¼, Sec 16, T7N, R90W, 6th PM, 1842 ft from S and 2135 ft from W sec lines. GPS location Northing 4493242, Easting 288541. Ditches – None. Source: Unknown tributary to Fortification Creek. Date of appropriation: 7/22/08, appropriation initiated by filing, date applied to beneficial use-Plan to use spring of 2009, June 1. Amount claimed in acre feet: approx ¼ acre foot, conditional. Use: irrigation-# acres historically-0, acres proposed to be irrigated 11.07. Legal description of acreage to be irrigated: T7N, R902, NE¼ of the SW¼, Sec 16, 6th PM, 1842 ft from S and 2135 ft from W sec lines (Map available in Court file). Surface area of high water line: Approx 884 sq ft dead storage, Maximum height of dam: 3’, length of dam: around pond 139 ft, total capacity of reservoir in acre ft: ¼ acre foot, active capacity: 884 sq. ft, dead storage: 884 sq ft. Applicant is owner.

4.  08CW63 - ROUTT COUNTY08CW63 (02CW21, 95CW92, 89CW78, 86CW01, 81CW204, W-305-77, W-305)Application for Sexennial Finding of Diligence. Steamboat Lake Water & Sanitation District,c/o Claire E. Sollars #23398,KLAUZER & TREMAINE, LLC, 320 Lincoln Avenue, 2nd Floor, P.O. Box 774525,Steamboat Springs, CO 80477-4525,(970) 879-5003.Name of the structure (well, spring, ditch, or reservoir): Red Creek Diversion.Describe conditional water right:Date of original decree: July 9, 1973.Case No.: W-305 (subsequent case numbers of due diligence applications: W-305-77, 81CW204, 86CW01, 89CW78, 95CW92, 02CW21). Court: District Court, in and for Water Division No. 6. Location: NW ¼ of Section 6, Township 9 North, Range 85 West of the 6th P.M. at a point approximately 700 feet East and 1200 feet South of the NW corner of said section. Source: Red Creek, tributary of Willow Creek, tributary of Elk River, tributary of Yampa River. Appropriation Date: July 21, 1972. Amount: 3.00 c.f.s. Use: Municipal, domestic, industrial, irrigation, commercial, fish and wildlife propagation, recreation. Depth: N/A.Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures (add additional sheets if necessary): The Steamboat Lake Water and Sanitation District (“District”) supplies water services to Filings 1 through 4 of the Steamboat Lakes Subdivision (“Subdivision”). The Red Creek Diversion water right is intended to be used as a component of the District’s water supply system. In the past six (6) years, growth in the Subdivision has increased and the District has expended considerable effort and funds to address the expanding need for water services. During the six-year diligence period, the District spent over $1,132,559.00 towards water distribution and treatment (S317, 951.00) and water collection and treatment ($407,304.00), and development of its conditional water rights, which includes the Red Creek Diversion. The expenditure of funds include: (1) drilling for new wells on Lots 63, 84, Linda Kay replat, 78, Filing 2, Lot 124 Filing 1;(2) secured permits for Lots 63, 84, 124; (3) re-routed water line from Well #1 from private property to center of roadway; (4) upgraded chlorination system for Well #1;(5) maintenance and testing for two active wells; (6) replacement of Wastewater Treatment Plant and sewer lift station from 2004 – 2007 (District’s contribution was $332,579.00); and (7) maintenance, testing and infiltration repairs ($74,725.00) Additionally, the District’s Board of Directors regularly performs on-site inspections of the water rights owned by the District, including the rights associated with the Red Creek Diversion. If claim to make absolute – Water applied to beneficial use: N/A. WHEREFORE the Steamboat Lake Water and Sanitation District respectfully requests this Court issue its Order finding that the District has exercised due diligence in developing the appropriation of the conditional water rights and extending the conditional status of the water rights set forth in this application.

5.  08CW64 ROUTT COUNTY (02CW22, 95CW94, 89CW80, 86CW02, 81CW203, W-303-77, W-303) Application for Finding of Sexennial Finding of Diligence. Steamboat Lake Water & Sanitation District, /o Claire E. Sollars #23398, LAUZER & TREMAINE, LLC, 20 Lincoln Avenue, 2nd Floor, .O. Box 774525, Steamboat Springs, CO 80477-4525, (970) 879-5003, Name of the structure (well, spring, ditch, or reservoir): Red Creek Reservoir. Describe conditional water right (as to each structure), giving the following from the Referee’s Ruling and Judgment and Decree: Date of original decree: July 9, 1973.Case No.: W-303 (subsequent case numbers of due diligence applications: W-303-77, 81CW203, 86CW02, 89CW80, 95CW94, 02CW22). Court: District Court, in and for Water Division No. 6. Location: NW ¼ of Section 6, Township 9 North, Range 85 West of the 6th P.M. at a point approximately 700 feet East and 1200 feet South of the NW corner of said section. Source: Red Creek and tributary drainage basin, tributary of Willow Creek, tributary of Elk River, tributary of Yampa River. Appropriation Date: July 21, 1972. Amount: 1,030 acre-feet. Use: Municipal, domestic, industrial, irrigation, commercial, fish and wildlife propagation, recreation. Depth: N/A. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures (add additional sheets if necessary): The Steamboat Lake Water and Sanitation District (“District”) supplies water services to Filings 1 through 4 of the Steamboat Lakes Subdivision (“Subdivision”). The Red Creek Reservoir water right is intended to be used as a component of the District’s water supply system. In the past six (6) years, growth in the Subdivision has increased and the District has expended considerable effort and funds to address the expanding need for water services. During the six-year diligence period, the District spent over $1,132,559.00 towards water distribution and treatment (S317, 951.00) and water collection and treatment ($407,304.00), and development of its conditional water rights, which includes the Red Creek Reservoir. The expenditure of funds include: (1) drilling for new wells on Lots 63, 84, Linda Kay replat, 78, Filing 2, Lot 124 Filing 1;(2) secured permits for Lots 63, 84, 124; (3) re-routed water line from Well #1 from private property to center of roadway; (4) upgraded chlorination system for Well #1;(5) maintenance and testing for two active wells; (6) replacement of Wastewater Treatment Plant and sewer lift station from 2004 – 2007 (District’s contribution was $332,579.00); and (7) maintenance, testing and infiltration repairs ($74,725.00) Additionally, the District’s Board of Directors regularly performs on-site inspections of the water rights owned by the District, including the rights associated with the Red Creek Reservoir. If claim to make absolute – Water applied to beneficial use: N/A. Wherefore the Steamboat Lake Water and Sanitation District respectfully requests this Court issue its Order finding that the District has exercised due diligence in developing the appropriation of the conditional water rights and extending the conditional status of the water rights set forth in this application.

6.  08CW65 - ROUTT COUNTY Application For Water Rights (Surface and Storage). Luke Jerome Studer and Janet Ann Laurinec—Studer, P.O. Box 773501, Steamboat Springs, CO 80477 c/o Paul Sachs, Esq., Paul Sachs, P.C., P.O. Box 773554, Steamboat Springs, CO 80477. Telephone: (970) 879-8600 Fax: (970) 879-8601. Email: . Names of Structures: Smith Creek Pump 1, Studer Pond, South Pond, North Pond. Legal Description of Each Point of Diversion: Smith Creek Pump 1: Point of diversion on Smith Creek, tributary of Deep Creek, tributary of the Elk River, in the SE1/4NW1/4, Section 15, T8N, R86W of the 6th P.M., at a point 2671 feet from the East section line and 2198 feet from the North section line. Street address is 50400 Smith Creek Road, Steamboat Springs, CO 80487; Studer Pond: Located tributary to Smith Creek, tributary of Deep Creek, tributary of the Elk River, in the SW1/4NE1/4, Section 15, T8N, R86W of the 6th P.M., at a point 1717 feet from the East section line and 2497 feet from the North section line. Street address is 50400 Smith Creek Road, Steamboat Springs, CO 80487; South Pond: Located tributary to an unnamed tributary of Smith Creek, tributary of Deep Creek, tributary of the Elk River in the NE1/4SE1/4, Section 15, T8N, R86W of the 6th P.M., at a point 922 feet from the East section line and 2497 feet from the South section line. Street address is 50400 Smith Creek Road, Steamboat Springs, CO 80487; North Pond: Located tributary to an unnamed tributary of Smith Creek, tributary of Deep Creek, tributary of the Elk River in the SE1/4NE1/4, Section 15, T8N, R86W of the 6th P.M., at a point 1243 feet from the East section line and 2377 feet from the North section line. Street address is 50400 Smith Creek Road, Steamboat Springs, CO 80487. Source: Smith Creek Pump 1: Smith Creek, tributary of Deep Creek, tributary of Elk River, tributary of Yampa River. Studer Pond: Smith Creek Pump 1, tributary of Deep Creek, tributary of Elk River, tributary of Yampa River. South Pond: A spring, tributary of Smith Creek, tributary of Deep Creek, tributary of Elk River, tributary of Yampa River. North Pond: A spring, tributary of Smith Creek, tributary of Deep Creek, tributary of Elk River, tributary of Yampa River. Date of Appropriation: Smith Creek Pump 1: September 19, 2008; Studer Pond: August 15, 2008; South Pond: September 19, 2006; North Pond: September 19, 2006. How appropriation was initiated: Smith Creek Pump 1: The appropriation was initiated by the demonstrated conjunction of intent to appropriate and overt actions including installation and use of the pump. Studer Pond: The appropriation was initiated by the demonstrated conjunction of intent to appropriate and overt actions including construction of the pond. South Pond: The appropriation was initiated by clearing an old unnamed diversion ditch and the brush within the spring area. North Pond: The appropriation was initiated by clearing an old unnamed diversion ditch and the brush within the spring area. Amount Claimed: Smith Creek Pump 1: 0.0267 cfs, conditional. Studer Pond: 0.3 acre-feet, conditional. South Pond: 0.4 acre-feet, absolute. North Pond: 0.6 acre-feet, absolute. Proposed Use: Smith Creek Pump 1: Fire protection, augmentation to offset any out of priority uses that may occur on Applicant’s property, fish, recreation and lawn irrigation. Studer Pond: Fire protection, augmentation to offset any out of priority uses that may occur on Applicant’s property, fish, recreation and lawn irrigation. South Pond: Livestock watering, domestic, lawn irrigation and fire protection. North Pond: Livestock watering, domestic, lawn irrigation and fire protection. If irrigation, complete the following: Number of acres to be irrigated: Up to one acre. Legal description of acreage: Up to one acre located within the real property in the SW1/4 of the NE1/4 of Section 15, T8N, R86W of the 6th P.M., more particularly described as Lot 15, Smith Creek Park Subdivision (the “Property”). If non-irrigation: Fire protection; water to be pumped to storage tank or pond. Domestic: water to be used to recharge domestic well on the Property. Augmentation to offset any out of priority uses that may occur on Applicant’s property, fish and recreation. Landowner: Applicant.