DISTRICT COURT, WATER DIVISION 6, COLORADO

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS

IN WATER DIVISION 6

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II).

This notice is an invitation to be included on the SWSP notification list. To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: . Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us.

PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST

Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division.

To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: .

Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: www.water.state.co.us.

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 DECEMBER, 2015.

15CW23 ROUTT COUNTY Application for reasonable Diligence. Applicant: Newell and Marsha Campbell, PO Box 771163, Steamboat Springs, Co 80477; 9708460238. Structure: AR Brown Springs Well Permit 185777. Previous decree: 94CW94-7/12/95; 01CW31-7/17/02; 08CW33-11/15/09 in Water Division 6. Legal Description: SW4, NW4, Sec 36, T5N, R85W, 6PM, Routt County, 1700 ft from N, 800 ft from E; St address: 28940 RCR 14D. Source: groundwater trib to Oak Creek trib to Yampa River; Appropriation date 9/4/94; Amnt Claimed: .033cfs. Uses: domestic including irrigation of home lawns and gardens not exceeding 1 acre; well depth: 12ft. Completion toward appropriation: drilled well in 1996, gas pump 1999, solar fence and pump 2007. Landowner: applicant. Remarks: see court file for details on use and costs.

15CW25 JACKSON COUNTY Application For Surface Rights Applicant: Wattenberg Ranch Inc 1987 JCR #7 Walden, Co 80480; 9708467897 . Structure: Hilda Wattenberg Spring. Legal Description – SE4 SE4 Sec 6 T9N R81w 6th PM Jackson county 320 ft from s and 600ft from E. UTM N4515085 E0370785. Source-Bear Creek of North Fork of North Platte. Appropriation date prior to 1950; how: put to beneficial use early 1940s. Date applied May 1944. Amount: .046cfs absolute. Irrigation: 0; at one time there was a small lawn that was irrigated much less than 1 acre. Non Irrigation; for domestic household and wildlife habitat and for tree and willow watering also possible augmentation for uses downstream also provides small fish habitat, stock water. Applicant is landowner. Other: we have used this spring since family bought the property in early 1940s some of the buildings have come and gone, still need the water and for stock.

15CW26 ROUTT COUNTY Application For Finding Of Reasonable Diligence. Applicant: Tom A. Ghiglia, 17205 Oak Ave, Atascadero, CA, 93422 805-550-3394. Structure: Circle V 1 spring; Date of original Decree-96CW66, 1/31/96; Subsequent decrees 02CW10, 11/18/02 and 08CW75, 12/25/09, all in Water Division 6; Legal Description SE4, NW4, Sec 35, T4N, R85W, 6PM, 1500 ft from W and 2450 ft from N; Source – Jack Creek of Yampa River; Appropriation date-06/16/95, amount .033 CFS conditional; Use –domestic and livestock. Outline of what done: Bought a new Honda water pump to replace previous one (receipt in court file). Pump is used to pump water into tank and hauled for domestic use and water also used for livestock below the spring. Applicant is owner. Remarks: Due to hard times plans for building have not happened. In the process of rebuilding so can proceed with building on the property.

15CW27 RIO BLANCO COUNTY Application For Change of Water Right. Applicant: Sheryl M. Little-Myers, PO Box 1169 Meeker, Co 81641; 9706232833. Structure: Thomas Ditch; Date of original Decree-CA0380, 8/31/23; Subsequent decrees CA1269, 11/21/66, all in Water Division 6. Legal Description SWNE S36-T1N-R96W; White River Ranches Estate; Lot 8; Appropriation date-1/27/1900, amount decreed 7cfs absolute; amount to change 1.45 cfs ; Use –agricultural/irrigation. Decreed source: White River at 84.33. Proposed change: Maps in court file to demonstrate: property lines, existing Thomas Ditch and proposed location for change of diversion. Propose to pump water from the white river from a point on my property-structure will not impact neighbors. UTM coordinates: E234951, N4434266 Zone 13; Street address Highway 64 Meeker, Colorado 81641. Source of UTM: handheld Garmin GPS 12. Original Legal Description: Rio Blanco; NE4, NE4, S36, T1N, R96W 6th pm. Distance from 636 ft from N and 552 ft from E. Source of Information; Aqua Map, st address: 140536100014 parcel Number. Changed Legal Description: W4 of the NW, NE4, s36, T1N, R96W, 6th pm; Distance from section line 200ft from N and 2487 ft from E. Source of plss: aquamap; Applicant is owner. Remarks: See Court file for detailed information.

15CW3047 ROUTT COUNTY Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Philip E. Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-mail: . Application For Instream Flow Water Rights To Preserve The Natural Environment To A Reasonable Degree In. 2. Name of water right: Armstrong Creek Instream Flow Water Right. 3. Legal Description: The Armstrong Creek Instream Flow Water Right is located in the natural stream channel of Armstrong Creek from the lower terminus of the instream flow right previously decreed in Case No. 06CW35, Water Division 6, to the confluence with Elkhead Creek, a distance of approximately 0.1 miles. This segment of Armstrong Creek can be located on the Quaker Mountain U.S.G.S. quadrangle. A map of the Armstrong Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Lower Terminus of ISF previously decred in Case No. 06CW35, Water Division 6. 1. UTM: Northing: 4512573.29 Easting: 319690.40 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 40° 44’ 39.7”N and longitude 107° 08’ 8.33”W. B. Downstream Terminus: Confluence Elkhead Creek. 1. UTM: Northing: 4512684.47 Easting: 319606.14 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 40° 44’ 43.24”N and longitude 107° 08’ 12.03”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Armstrong Creek, tributary to Elkhead Creek, tributary to the Yampa River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). C. Date applied to beneficial use: January 26, 2015. 6. Amount of water claimed: Instream flow of 1.0 cfs (4/1-6/30), 0.5 cfs (7/1-7/31), and 0.22 cfs (8/1-3/31), absolute. 7. Proposed Uses: Instream flow uses to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2015), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3), C.R.S. (2015). As instream flow water rights, the CWCB’s appropriations do not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device.”). The CWCB’s appropriation of an instream flow water right also does not affect ground water. 9. Remarks: These appropriations by the CWCB, on behalf of the people of the State of Colorado, are made pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 21, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), that the natural environment will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without material injury to water rights.

15CW3048 GARFIELD AND RIO BLANCO COUNTIES, Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Philip E. Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-mail: . Application For Instream Flow Water Rights To Preserve The Natural Environment To A Reasonable Degree In, Colorado. 2. Name of water right: Brush Creek Instream Flow Water Right. 3. Legal Description: The Brush Creek Instream Flow Water Right is located in the natural stream channel of Brush Creek from its headwaters to the confluence with East Douglas Creek, a distance of approximately 5.31 miles. This segment of Brush Creek can be located on the Calf Canyon and Douglas Pass U.S.G.S. quadrangles. A map of the Brush Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Brush Creek Headwaters in the Vicinity of 1. UTM: Northing: 4390370.44 Easting: 177459.80 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 39° 36’ 8.52”N and longitude 108° 45’ 23.01”W. B. Downstream Terminus: Confluence East Douglas Creek. 1. UTM: Northing: 4395976.77 Easting: 181933.58 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 39° 39’ 16.01”N and longitude 108° 42’ 25.5”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Brush Creek, tributary to East Douglas Creek, tributary to Douglas Creek, tributary to the White River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). C. Date applied to beneficial use: January 26, 2015. 6. Amount of water claimed: Instream flow of 0.65 cfs (4/1-10/31), and 0.50 cfs (11/1-3/31), absolute. 7. Proposed Uses: Instream flow uses to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2015), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3), C.R.S. (2015). As instream flow water rights, the CWCB’s appropriations do not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device.”). The CWCB’s appropriation of an instream flow water right also does not affect ground water. 9. Remarks: These appropriations by the CWCB, on behalf of the people of the State of Colorado, are made pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 21, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), that the natural environment will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without material injury to water rights.