2. PURSUANT TO C.R.S., §37-92-302,

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2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JANUARY 2021. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred.
21CW3001 (2010CW137, 03CW202, and 95CW077) DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 – 8th Street, Suite 104, Glenwood Springs, CO 81601. CONCERNING THE WATER RIGHTS OF THE TOWN OF DILLON IN THE BLUE RIVER AND ITS TRIBUTARIES IN SUMMIT COUNTY
, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, Name, address, email address and telephone number of applicant: Town of Dillon, 275 Lake Dillon Drive, P.O. Box 8, Dillon, CO 80435, Email Me, 970-468-2403. Please send pleadings to: Steven P. Jeffers, Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, 950 Spruce Street, Suite 1B, Louisville, CO 80027, (720) 726-3671 2. Name of Structures: The decreed conditional water rights involve exchanges from Clinton Gulch Reservoir to Town of Dillon Well Nos. 1 through 5, Silverthorne Well Nos. 1 and 2, Town of Dillon Straight Creek Diversion, Town of Dillon Laskey Gulch Diversion, the Old Dillon Reservoir and the Old Dillon Reservoir First Enlargement. A map showing the location of all structures is attached as EXHIBIT A. 3. Description of Conditional Water Rights for Augmentation Plan Exchanges: The decree approved exchanges from Clinton Gulch Reservoir to the structures described below in ¶3.D. as part of Dillon's plan for augmentation. A) Date of Original Decree: The District Court, Water Division No. 5 entered the original decree in Case No. 95CW077 on September 4, 1997. B) Subsequent Diligence Decrees: The District Court, Water Division No. 5 entered diligence decrees in Case No. 03CW202 on May 24, 2004, and in Case No. 10CW137 on January 19, 2015. The decree in Case No. 95CW077 approved conditional appropriative rights of exchange of water from Clinton Gulch Reservoir to nine structures described in ¶3.D. below as part of Applicant's plan for augmentation, and to the reservoirs described in ¶4 below with independent priorities. C) Legal Description for Exchange-From Points: i) For the Town of Dillon Well Nos. 1-5, Town of Dillon Straight Creek Diversion and the Town of Dillon Laskey Gulch Diversion, the decreed downstream terminus of the exchange is the confluence of the Blue River and Straight Creek. In the diligence decree in Case No. 10CW137, that confluence was described as located in the SE¼ SE¼ of §12, T5S, R78W of the 6th P.M. at a point 944 feet from the south line and 2,260 feet from the east line. ii) For the Silverthorne Well Nos. 1 and 2 the downstream terminus of the exchange is a point on the Blue River adjacent to the well sites described in ¶¶3.D.vi. and 3.D.vii. D) Legal Descriptions for Exchange-To Points: i) Town of Dillon Well No. 1 a) Decreed Location: In the NE¼ SW¼, §5, T5S, R77W, 6th P.M., at a point 1,850 feet from the south section line and 2,650 feet from the east section line. b) Decreed Capacity: 150 gpm. c) Decreed Amount: 230 acre-feet, CONDITIONAL. ii) Town of Dillon Well No. 2 a) Decreed Location: In the SE¼ SW¼, §5, T5S, R77W, 6th P.M., at a point 750 feet from the south sec-tion line and 1,750 feet from the west section line. b) Decreed Capacity: 200 gpm. c) Decreed Amount: 325 acre-feet, CONDITIONAL. iii) Town of Dillon Well No. 3 a) Decreed Location: In the SE¼ SW¼, §5, T5S, R77W, 6th P.M., at a point 650 feet from the south sec¬tion line and 1,500 feet from the west section line. b) Decreed Capacity: 250 gpm. c) Decreed Amount: 300 acre-feet, CONDITIONAL. iv) Town of Dillon Well No. 4 a) Decreed Location: In the NE¼ NE¼, §7, T5S, R77W, 6th P.M., at a point 850 feet from the north sec¬tion line and 1,250 feet from the east section line. b) Decreed Capacity: 200 gpm. c) Decreed Amount: 325 acre-feet, CONDITIONAL. v) Town of Dillon Well No. 5 a) Decreed Location: In the SW¼ NE¼, §7, T5S, R77W, 6th P.M., at a point 1,400 feet from the north section line and 2,000 feet from the east section line. b) Decreed Capacity: 200 gpm. c) Decreed Amount: 325 acre-feet, CONDITIONAL. The Town of Dillon Well Nos. 1-5 were all decreed in Case No. 87CW392, District Court, Water Division No. 5. The decreed source of water for each well is ground water tributary to Straight Creek. Each well is decreed for municipal use with an appropriation date of September 29, 1987. vi) Silverthorne Well No. 1 a) Decreed Location: At a point in the NE¼ SW¼, §12, T5S, R78W, 6th P.M., which is 2,998 feet south of the north section line and 2,522 feet east of the west section line. b) Decreed Capacity: 0.667 cfs (300 gpm). vii) Silverthorne Well No. 2 a) Decreed Location: At a point in the NE¼ SW¼, §12, T5S, R78W, 6th P.M., which is 3,198 feet south of the north section line and 2,062 feet east of the west section line. b) Decreed Capacity: 0.667 cfs (300 gpm). viii) Town of Dillon Straight Creek Diversion a) Decreed Location: At a point on the south bank of Straight Creek whence the SW corner of §4, T5S, R77W, 6th P.M. bears S18°13'W a distance of 2,650 feet. The decreed point is in the SW ¼ NW ¼ of said §4, at a point approximately 2,517 feet from the south line and 828 feet from the west line. b) Decreed Amount: This diversion point was decreed as an alternate point of diversion for 3.5 cfs of the Straight Creek Ditch, appropriation date April 18, 1899, and adjudication date of March 2, 1910, by the District Court, Water Division No. 5, in Case Nos. W-12, W-13, and W-402 entered on December 29, 1972. This structure was also decreed for diversion of 1.5 cfs CONDITIONAL with appropriation date of September 29, 1987, in Case No. 87CW392. ix) Town of Dillon Laskey Gulch Diversion a) Decreed Location: At a point on the right bank of Laskey Gulch, a tributary of Straight Creek, whence the W¼ corner of §4, T5S, R77W, 6th P.M. bears S43°46'55"W a distance of 1457.90 feet. This point is in the SW ¼ NW ¼ of said §4, approximately 1,587 feet from the north line and 1,009 feet from the west line. b) Decreed Amount: This point was decreed as an alternate point of diversion for 3.5 cfs of the Straight Creek Ditch, appropriation date April 18, 1899, and adjudication date of March 2, 1910, by the District Court, Water Division No. 5, in Case Nos. W-12, W-13, and W-402 entered on December 29, 1972. E) Decreed Source of Water: The decreed source of water for all exchanges is Applicant's 200 shares out of 12,000 shares of stock in the Clinton Ditch and Reservoir Company, and Applicant's entitlement to annual releases of up to 20 acre-feet from Clinton Gulch Reservoir as described in ¶7 of the decree in Case No. 95CW077. Clinton Gulch Reservoir was conditionally decreed by this court in Case No. W-2559 for 4,250 acre-feet with an appropriation date of June 25, 1946, for industrial, domestic, irrigation, recreation and fish and wildlife purposes. The Clinton Gulch Reservoir water right was decreed absolute by this court in Case No. 79CW049 on August 31, 1979. This court also approved a use enlargement and second filling for Clinton Gulch Reservoir in the amount of 4,250 acre-feet, conditional, with an appropriation date of March 1, 1990, in Case No. 92CW065 for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife propagation and augmentation purposes. Clinton Gulch Reservoir is located in the SW¼ NW¼ of §25, T7S, R79W, 6th P.M., at a point whence the north quarter corner of said section 25 bears N33º51'50"E 2,840.44 feet. That location is approximately 2,260 feet from the north line and 900 feet from the west line. The source of water for Clinton Gulch Reservoir is Clinton Creek, tributary to Ten Mile Creek, tributary to the Blue River. F) Appropriation Date: July 21, 1992. G) Decreed Amount: 20 acre-feet per year, CONDITIONAL, at a rate of up to 5 cfs, CONDITIONAL, or the decreed capacity of each structure, whichever is less. H) Decreed Use: Water may be used by exchange for municipal use and for replacement of out-of-priority depletion from municipal use as described in ¶8 of the decree in Case No. 95CW077. 4. Description of Conditional Water Rights for Reservoir Exchanges: A) Date of Original Decree: The original decree was entered in Case No. 95CW077 on September 4, 1997. B) Subsequent Diligence Decrees: The District Court, Water Division No. 5 entered a diligence decree in Case No. 03CW202 on May 24, 2004, and entered a diligence decree in Case No. 10CW137 on January 19, 2015. C) Legal Description for Exchange-From Point (downstream terminus): The exchanges will operate from the confluence of the Blue River and Salt Lick Gulch, up Salt Lick Gulch to the point of diversion for the Dillon Ditch. The confluence of the Blue River and Salt Lick Gulch is located in the SW¼ SE¼ of §12, T5S, R78W of the 6th P.M. at a point approximately 1,017 from the south line and 2,946 from the west line. D) Legal Description for Exchange-To Points (upstream terminus): The reservoir exchanges allow Applicant to store water in Old Dillon Reservoir and the Old Dillon Reservoir First Enlargement at the following locations: a) The decreed location for Old Dillon Reservoir is in the SW¼ SE¼ of §13, T5S, R78W, 6th P.M. The southwest end of Dam No. 1 is located at a point whence the south quarter corner of §13, T5S, R78W, 6th P.M. bears S3°10'W 688 feet. The southwest end of Dam No. 2 is located at a point whence the south quarter corner of §13, T5S, R78W, 6th P.M. bears S63°10'W 811 feet. b) The decreed location for Old Dillon Reservoir First Enlargement is in the SW¼ SE¼ and the SE¼ SW¼ of §13, T5S, R78W, 6th P.M. The approximate location of the southwest end of Dam No. 1 will be at a point whence the south quarter corner of §13, T5S, R78W, 6th P.M. bears S27°30'E a distance of 600 feet. The approximate location of the southwest end of Dam No. 2 will be at a point whence the south quarter corner of said §13, T5S, R78W, 6th P.M. bears S64°30'W a distance of 250 feet. c) The upstream terminus of the Reservoir Exchanges is the headgate of the Dillon Ditch, with a capacity of 10 cfs, located on the south bank of Salt Lick Gulch, a/k/a Salt Lick Creek, at a point whence the SE corner of §14, T5S, R78W, 6th P.M. bears S81°58'E, a distance of 1,832 feet. The headgate is located in the SW¼ SE¼ of §14, approximately 260 feet from the south and 1,910 feet from the east line. E) Decreed Source: The source of water for the Dillon Ditch, Old Dillon Reservoir and its enlargement is Salt Lick Gulch, tributary to the Blue River. The source of water for the exchange is Clinton Gulch Reservoir from Clinton Creek, tributary to Ten Mile Creek, tributary to the Blue River. F) Appropriation Date: July 21, 1992. G) Decreed Amount: 20 acre-feet, CONDITIONAL, at a rate of up to 10 cfs, CONDITIONAL. H) Decreed Use: Municipal use within the Town of Dillon and such other areas as may be provided water by the Town of Dillon pursuant to agreement, augmentation, replacement and exchange. 5. Claim for Diligence Including Expenditures: The conditional exchanges are part of an integrated water system for the Town of Dillon. Applicant claims diligence on all of the conditional exchanges and in furtherance thereof, has conducted the following activities and paid the associated costs: A) Prior to the current diligence period, Dillon acquired water supply contracts from the U.S. Bureau of Reclamation for water in Green Mountain Reservoir and an alternative source contract from the Colorado River Water Conservation District for water in Wolford Mountain Reservoir. Dillon has regularly made all required payments pursuant to those contracts. These contract water supplies provide Dillon with security for its storage of water in and exchanges from Old Dillon Reservoir. B) Dillon is a member of the Old Dillon Reservoir Water Authority ("ODR Water Authority") that maintains, operates and accounts for storage in and releases from the Reservoir, including exchanges into and out of the Reservoir. The Authority has provided regular accounting reports to the Division Engineer for Water Division No. 5 and the U.S. Bureau of Reclamation on behalf of Dillon and the other members and works with both entities on accounting procedures. C) Dillon exchanged water from Clinton Gulch Reservoir to the Dillon Ditch for storage in Old Dillon Reservoir in the amount of 19.7 acre-feet in June and July 2015; 17.8 acre-feet between June and October 2016; and 19.7 acre-feet in May and June 2017. The maximum rate of exchange of 3.54 cfs occurred on July 2, 2015. Dillon also diverted by exchanged at a rate of 1.8 cfs on October 12, 2016, and at a rate of 2.6 cfs on May 2, 2017. Copies of Applicant's Old Dillon Reservoir accounting sheets for those months are attached as EXHIBIT B. D) As a member of the Old Dillon Reservoir Water Authority, Dillon has paid its share of the continued operation, maintenance and repairs for the Dillon Ditch and Old Dillon Reservoir. Between 2015 and 2020, the total expenses for the Association was $317,956. Dillon's share of those expenses was approximately $119,138. E) Dillon installed new communication and flow control equipment on its Straight Creek Diversion structure in 2017. F) Between 2017 and 2020, Dillon supported federal efforts to protect and preserve public lands in Summit County to protect the quality of its water supplies and participated in discussions involving CDOT projects to reduce sedimentation, to replace a bridge, and to protect water supplies against possible hazmat spills along I-70 in Summit County. G) Dillon, along with Summit County and Silverthorne, adjudicated findings of reasonable diligence for the enlargements of Old Dillon Reservoir in Case Nos. 18CW3125, 18CW3126, 18CW3127 and 18CW3128. H) Dillon obtained decrees for its water rights in Case Nos. 17CW3125, 17CW3126, 17CW3127, 17CW3128, 17CW3244, and 18CW3003. I) Dillon has participated as an objector in water court applications that could adversely affect the yield, feasibility, and utility of Old Dillon Reservoir and these conditional water rights, including Case Nos. 16CW3040, 17CW3018, and 17CW3009. 6. If a Claim to Make Absolute, Water Applied to Beneficial Use A) Date Water Applied to Beneficial Use: July 2, 2015 B) Amount: 19.7 acre-feet, at a maximum diversion rate of 3.54 cfs. C) Use: water was stored in Old Dillon Reservoir for all decree purposes. 7. Names and addresses of owners of land on which structures are or will be located: Town of Dillon Well No. 1: Dillon Valley East Condo Association, 325 Lake Dillon Drive, Suite 205, P.O. Box 4844, Dillon, CO 80435. Town of Dillon Well Nos. 2 and 3: Straight Creek Ponds Owners Association, 23024 US Highway 6, Suite 202, Keystone, CO 80435. Town of Dillon Well No. 4: Dillon Valley District, 1414 Straight Creek Drive, P.O. Box 3428, Dillon, CO 80435. Town of Dillon Well No. 5: Archdiocese of Denver, Real Estate Dept., 1300 South Steele Street, Denver, CO 80210. Town of Silverthorne Well Nos. 1 and 2: Town of Silverthorne, 264 Brian Avenue, P.O. Box 1309, Silverthorne, CO 80498. Dillon Blue River Intake: City and County of Denver, Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80204-3412. Dillon Straight Creek Diversion, Dillon Laskey Gulch Diversion, Dillon Ditch and Old Dillon Reservoir: United States Forest Service, Rocky Mountain Region, 1617 Cole Blvd, Building 17, Lakewood, CO 80401. Clinton Gulch Reservoir: Clinton Ditch and Reservoir Company, c/o Vail Resorts Management Co., 390 Interlocken Crescent, 9th Floor, Broomfield, CO 80021. WHEREFORE, Applicant requests the Court to enter a decree finding that Applicant has made the Reservoir Exchanges from Clinton Gulch Reservoir to Dillon Ditch absolute in the amount of 19.7 acre-feet at a rate of 3.54 cfs, that Applicant has exercised reasonable diligence with respect to the remaining volume of 0.3 acre-feet and remaining exchange rate of 6.46 cfs of that conditional water right, and for all other conditional water rights in this application, and continuing all conditional water rights for another six years. (10 pages plus exhibits)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2021 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant's attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.