DATE FILED May 29 201 DISTRICT COURT WATER DIVISION NO 5 11 STATE OF COLORADO CASE NUMBER 2015CW 050 Garfield County Courthouse log 81h Street Suite 104 Glenwood Springs Colorado 81601 3303 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE TWIN LAKES RESERVOIR AND CANAL COMPANY FOR FINDINGS OF REASONABLE DILIGENCE AND A COURT USE ONLY A TO MAKE ABSOLUTE PORTIONS OF THE INDEPENDENCE PASS TRANSMOUNTAIN DIVERSION SYSTEM IN PITKIN COUNTY Case Number COLORADO 15CW 07CW 145 0 1 CW057 94CW 105 88CW206 84CW 162 80CW 180 W 722 76 W 722 W 64 3082 Attorneys for the Opposer Karl D OhIsen Re No 32497 Johanna Hamburger Reg No 45052 Carlson Hammond Div Ctrm Paddock L L C 1900 Grant Street Suite 1200 Denver Colorado 80203 Phone 303 861 9000 Fax 303 861 9026 e mall 11 Er z u r chr L APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PORTIONS OF THE WATER RIGHTS ABSOLUTE Name Address and Telephone Number of Applicant Twin Lakes Reservoir and Canal Company the Company P O Box 8 Ordway Colorado 81063 719 267 4411 Name of Structure Independence Pass Transmountain Diversion System Describe conditional water right 00137562 DOCI 1 I 2 00 PM D21 E0042C2E IPTDS Date of original decree A August 25 1936 Case No 3082 District Court in and for Garfield County Colorado Date of most recent diligence decree May 27 2009 District Court Water Division No 5 Case No 07CW 145 Location The 1PTDS is composed of the following ditches tunnels headgates B dams and reservoirs 1 Lincoln Gulch Diversion Dain and Tunnel No 1 2 New York Collection Canal 3 Roaring Fork Diversion Dam Tunnel No 2 and Lincoln Gulch Connection Canal 4 Lost Man Diversion Dam and Lost Man Diversion Canal 5 Twin Lakes Reservoir The locations of the above structures are as follows Lincoln Gulch Diversion Dam and Tunnel No 1 The initial point of survey of the Lincoln Gulch Diversion Dam which creates Grizzly Reservoir is located in Pitkin County Colorado at a point whence the southwest corner of Section 6 T 11 S bears N 18 55 E 14 565 5 feet R 82 W of the 6 PM The beadgate or intake of Tunnel No 1 is located in Pitkin County Colorado at a point from whence the southwest corner of Section 6 T 11 S R 82 W of the 6t1i P M bears N 17 33 E 14 380 9 feet New York Collection Canal The headgates of the New York Collection Canal are located in Pitkin County Colorado as follows a Headgate No 1 also known as the New York Gulch Diversion is located on the east bank of West Fork Gulch a tributary of Lincoln Creek at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6I P M bears N 58 06E 24 724 6 b e No 2 also known as the Brooklyn Gulch Diversion is Head a located on New York Gulch at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6 h P M bears N 57 24 E 23 997 4 feet Headgate No 3 also known as the Tabor Gulch Diversion is located on Tabor Gulch at a point whence the southwest corner of Section 6 T 11 S R 82 W C of the 6 t P M bears N 51 32 E 16 923 1 feet Roarins Fork Diversion Dam Tunnel No 2 and Lincoln Gulch Connection Canal The initial point of survey of the Roaring Fork Diversion Dam is located in Pitkin County Colorado at a point whence the southwest comer of Section 6 T 11 S R 82 W of the 6 h P M bears S 80 09 E 6 946 3 feet The headgate or point of intake of Tunnel No 2 is located in Pitkin County Colorado on the south bank of the Roaring Fork River at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6 h P M bears S 80 38 E 00137561DOC I 6 921 6 feet The point of beginning of the Lincoln Gulch Connection Canal is located in Pitkin County Colorado at the south end of Tunnel No 2 at a point whence the southwest corner of Section 6 T II S R 82 W of the 6 h P M bears N 50 42 E 12 539 2 feet Lost Man Diversion Dam and Lost Man Diversion Canal The initial point of survey of the Lost Man Diversion Dam is located in Pitkin County Colorado at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6th P M bears S 58 42 E 6 473 2 feet The headgate of the Lost Man Diversion Canal is located in Pitkin County Colorado on the east bank of Lost Man Creek at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6 h P M bears S 58 18 E 6 871 2 feet Twin Lakes Reservoir Twin Lakes Reservoir is located in Sections 15 16 17 18 19 20 21 22 and 23 in T 11 S R 80 W of the 6 P M in Lake County Colorado in former Water District No 11 Water Division No 2 on the natural stream known as Lake Creek a tributary of the Arkansas River C Source The IPTDS is an integrated complex system of ditches canals diversion dams and tunnels whereby water collected from the various streams is gathered for diversion to the Eastern Slope via the transmountain tunnel Tunnel No I The source of the water for the IPTDS is the Roaring Fork River and certain of its tributaries including Lincoln Creek Grizzly Creek Lost Man Creek West Fork Gulch New York Gulch and Tabor Gulch all in former Water District No 38 Pitkin County Colorado D Appropriation Date August 23 1930 Priority No 431 Amount Original IPTDS Appropriation The total amount decreed to the Original IPTDS Appropriation is 625 c f s The individual amounts decreed to the structures under the original appropriation are Lincoln Gulch Diversion Dam a k a Grizzly Reservoir and Tunnel No 1 625 c f s Absolute NYCC NYCC Headgate No 1 West Fork Creek 77 c f s Absolute NYCC Headgate No 2 New York Gulch 127 c f s Absolute NYCC Headgate No 3 171 c f s Absolute Tabor Gulch Roaring Fork Diversion Dam Tunnel No 2 and Lincoln Gulch Connection Canal 100137562 DOC I 1 322 c f s Absolute 28 c f s Conditional Lincoln Gulch Connection Canal water collected 20 c f s Absolute along its course 251 c f s Absolute 24 c f s Conditional Lost Man Diversion Dam The remaining conditionally decreed components of the IPTDS are 1 2 24 c f s for the Lost Man Diversion Canal Applicant seeks to make 21 33 c f s of this amount absolute in this case See below 28 c f s for the Roaring Fork Diversion Dam Tunnel No 2 and Lincoln Gulch Connection Canal Use The water gathered and collected from the IPTDS is used for direct flow and storage purposes for irrigation domestic commercial industrial municipal and all F beneficial uses pursuant to the Decree of the District Court for Water Division No 5 dated May 12 1976 in Case No W 1901 described more fully below Chanae of Use Decree The decree in Case No W 1901 Change Decree adjudicated a change in water rights for the IPTDS water rights The Change Decree was affirmed by the Colorado Supreme Court in Twin Lakes Reservoir and Canal Co v City ofAspen 193 Colo 478 568 P 2d 45 1977 Under the terms of the Change Decree all collection component diversions remain subject to the terms and conditions of the original decree entered in 1936 which limits the total amount of water to be collected and diverted at all sources to the finally decreed capacity of Tunnel No 1 namely 625 c f s Further all collection component diversions remain subject to the terms and conditions of the Change Decree which specifies inter alica that no entitlement to divert exists when the following two conditions are concurrently present 1 Twin Lakes Reservoir has stored in a water year its decreed capacity of 54 452 acre feet and 2 There is 756 28 c f s available in priority from the Arkansas River at the headgate of the Colorado Canal to a water right with a priority date of June 9 1890 with a decree date of March 23 1896 for direct flow irrigation uses To the extent that the Arkansas River water available in priority as described in 2 above is less than 756 28 c f s and water could otherwise be beneficially used for the irrigation of lands there arises a corresponding entitlement to divert that amount of water from the IPTDS Such water may itself be stored or applied directly to beneficial uses 00139562 DOC 1 i t 4 Detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use A All components of the 1PTDS have been constructed have diverted and now divert water and the water has been and is applied to beneficial use Throughout the diligence period the Twin Lakes Company has continued its sustained efforts to improve the structures comprising the IPTDS to enable the Company to divert and apply to beneficial use the entire appropriation conditionally decreed thereto and has diverted and applied to beneficial use additional portions of the conditionally decreed rights as set forth below In addition to making additional portions of the water rights absolute the Company has diligently pursued the development of these water rights during the diligence period by implementing numerous capital projects and activities that support the Company s ability to divert and put to beneficial use the full amount of its absolute and conditional water rights The IPTDS is an integrated system and as such work on any part of the system shows diligence for the whole system In furtherance of its continuing efforts to perfect its full appropriation the Company has undertaken and performed the following actions in this diligence period 1 The Company installed trash racks on the inlet to the siphon under Highway 82 on the Lost Man Connection Canal and on the inlet to Tunnel No 2 These trash racks provide for the safety of human life as well as to prevent the plugging of these structures by foreign objects and debris thus ensuring the free flow of water and supporting full diversion of the IPTDS water rights 2 The Company installed a new metal bridge over the Lost Man Connection Canal at the measurement flume replacing the old log bridge 3 The Company performed design work for a channel stabilization project for the Lost Man spillway channel 4 The Company performed repair work on the outlet gates of Grizzly Reservoir In addition the Company performed a condition assessment on Tunnel No 1 to identify any deficiencies and identify any necessary repairs or maintenance needed to assure full ability to divert the rights of the IPTDS 5 The Company continued to install temporary flumes and perform flow measurements at numerous points in its system to more accurately measure gains and losses in reaches of the collection system to assess and analyze opportunities to minimize conveyance loss and to support diligence filings 6 The Company completed construction of a new equipment shed at the Grizzly camp for the storage and maintenance of Company equipment 7 The Company participated with other East Slope and West Slope partners to provide its pro rata share of 16 825 AF of water in support of endangered fish as part of the 100137561DOG 1 Colorado River Recovery Prograrn Prograrnmatic Biological opinion The Company spent in excess of 1 6 Million to purchase water delivery contracts from NCWCDnr the Colorado Big Thompson Project and the Colorado River District in Ruedi Reservoir to provide its pro rata share of the 10 825 acre feet for this program thus protecting its right to divert the full amount of the IPTDS water rights 8 The Company has participated as an Objector in approximately 28 cases in Water Division No 5 during the diligence period in order to protect its decreed water rights including the water rights conditionally decreed to the IPTDS During the diligence period the Company has expended at least 2 801 826 00 in legal engineering construction and other expenses in connection with the actions described B above Claim to Make Absolute Lost Man Diversion Dam and Lost Man Diversion Canal A Name of Structure B Date water sought to be made absolute applied to beneficial use June 7 2010 Amount An additional 21 33 c f s more than the 251 c f s previously made absolute for a total of 272 33 c f s Use absolute 2 67 c f s remain conditional Direct flow and storage purposes for irrigation domestic commercial industrial municipal and all beneficial uses specifically the water was diverted from Lost Man Creek at Lost Man Diversion Dam into the Lost Man Diversion Canal which diverts water into the Roaring Fork River just above the Roaring Fork Diversion Dam The water was then collected in Grizzly Reservoir transported through Tunnel No 1 into Lake Creek in the Arkansas River basin and thence into Twin Lakes Reservoir and was then used by Company stockholders for the decreed beneficial uses C Description of place where water is applied to beneficial use At sites of use by stockholders that are capable of being served by deliveries from the discharge portal of Tunnel No 1 in Lake Creek or storage in Twin Lakes Reservoir D Remarks On June 7 2010 the Company measured the average daily flow at the Lost Man Diversion Dam and Lost Man Diversion Canal finding a flow of 272 33 c f s an amount that exceeds the 251 c f s previously decreed absolute to the Lost Man Diversion Dam and Lost Man Diversion Canal by 21 33 c f s The water collected was duly transported through Tunnel No 1 of the System into Lake Creek stored in Twin Lakes Reservoir and released and used by Company stockholders A rate of flow equal to 2 67 c f s remains conditional for the Lost Man Diversion Dam and Lost Man Diversion Canal component of the IPTDS In addition 28 c f s for the Roaring Fork Diversion Dam Tunnel No 2 and Lincoln Gulch Connection Canal remain conditional 00137562 DOC i 6 Names and addresses of owner s or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored including any modification to the existing storage pool A United States Forest Service Aspen Ranger District 806 West Hallan Street Aspen CO 81611 United States Bureau of Reclamation B Pueblo Field Office 610 Pueblo Reservoir Road Pueblo CO 81005 WHEREFORE the Company requests the Court to make absolute an additional 21 33 c f s conditionally decreed to the Lost Man Diversion Dam and the Lost Man Diversion Canal component of the IPTDS and to enter a finding of reasonable diligence in the development of the remaining conditionally decreed portions of the water rights originally decreed to the 1PTDS in Case No 3082 Fk Respectfully submitted this day of May 2015 CARLSON HAMMOND PADDOCK L L C By arl D Ohlsen Reg No 32497 Johanna Hamburger Reg No 45052 ATTORNEYS FOR APPLICANT THE TWIN LAKES RESERVOIR AND CANAL COMPANY t00137562 DOC I t STATE OF COLORADO SS COUNTY OF M I Kevin D Lusk President of the Twin Lakes Reservoir and Canal Company being first duly sworn depose and state that I have read the foregoing Application know the contents thereof and that the same are true r Kevi Lusk President Subscribed and sworn to before me this VV4 day of May 2015 by Kevin D Lusk President of the Twin Lakes Reservoir and Canal Company Witness my hand and official seal My commission expires S fZo 7 G Ii z Notary Public DEBR A A MhXZA PUBbIC STATE 0 NOTAft CQ4 F AOO IC tl t34 ariD9322 tv7Y CQNIMISSION XPIRES 14jY11 2057 Yu 00137562 DOC I I DATE FILED May 29 2015 2 00 PM 15CW 76 W 722 07Cw145 OICW057 94Cw105 88C V206 84CWIWia W 64 3082 PITKIN COUNTY INDEPENDENCE PAS b Y1 Ag008 TR P O DIVERSION SYSTEM Twin Lakes Reservoir and Canal Company the Company Box 8 Ordway Colorado 81063 719 267 4411 Application for Water Rights of the Twin Lakes Reservoir and Canal Company for Findings of Reasonable Diligence Karl D Ohlsen Johanna Hamburger Carlson Hammond Paddock LL C 1900 Grant Street Suite 1200 Denver Colorado 80203 Phone 303 861 9000 Fax 303 861 9026 e mail kohlsen@chp law corn jhamburger@chp law com 2 Name of Structure Independence Pass Transmountain Diversion System 3 IPTDS Describe conditional water right A Date of original decree August 25 1936 Case No 3082 District Court in and for Garfield County Colorado Date of most recent diligence decree May 27 2009 District Court Water Division No 5 Case No 07CW145 B Location The IPTDS is composed of the following ditches tunnels headgates dawns and reservoirs Collection Canal Connection Canal Reservoir 1 3 Lincoln Gulch Diversion Dam and Roaring Fork Diversion 4 Dain Tunnel No Tunnel No 2 1 2 and Lincoln Gulch Lost Man Diversion Dam and Lost Man Diversion Canal The locations of the above structures are as follows New York 5 Twin Lakes Lincoln Gulch Diversion Dam and Tunnel No 1 The initial point of survey of the Lincoln Gulch Diversion Dam which creates Grizrly Reservoir is located in Pitkin County Colorado at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6th P M bears N 18 55 E 14 565 5 feet The headgate or intake of Tunnel No 1 is located in Pitkin County Colorado at a point from whence the southwest corner of Section 6 feet New York Collection Canal T 11 S R 82 W of the 6th P M bears N 17 33 E 14 380 9 The headgates of the New York Collection Canal are located in Pitkin County Colorado as follows a Headaate No 1 also known as the New York Gulch Diversion is located on the east bank of West Fork Gulch a tributary of Lincoln Creek at a point whence the southwest corner of Section 6 06 E 24 724 6 b Headaate No 2 T 11 S R 82 W of the 6th P M bears N 58 also known as the Brooklyn Gulch Diversion New York Gulch at a point whence the southwest corner of Section 6 T 6th P M Diversion S R bears N 57 24 E 23 997 4 feet c Headaate No 3 11 S R is located on 82 W also known as the Tabor Gulch is located on Tabor Gulch at a point whence the southwest corner of Section 6 82 W of the 6th P M bears N 51 of the T 11 32 E 16 923 1 feet Roaring Fork Diversion Dam Tunnel No 2 and Lincoln Gulch Connection Canal The initial point of survey of the Roaring Fork Diversion Dam is located in Pitkin County Colorado at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6th P M bears S 80 09 E 6 946 3 feet The headgate or point of intake of Tunnel No 2 is located in Pitkin County Colorado on the south bank of the Roaring Fork River at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6th P M bears S 80 38 E 6 921 6 feet The point of beginning of the Lincoln Gulch Connection Canal is located in Pitkin County Colorado at the south end of Tunnel No 2 at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6th P M bears N 50 42 E 12 539 2 feet Lost Man Diversion Dam and Lost Man Diversion Canal The initial point of survey of the Lost Man Diversion Dam is located in Pitkin County Colorado at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6th P M bears S 58 42 E 6 473 2 feet The headgate of the Lost Man Diversion Canal is located in Pitkin County Colorado on the east bank of Lost Man Creek at a point whence the southwest corner of Section 6 T 11 S R 82 W of the 6th P M bears S 58 is located in Sections 15 16 18 E 6 871 2 feet Twin Lakes Reservoir Twin Lakes Reservoir 17 18 19 20 21 22 and 23 in T 11 S R 80 W of the 6th P M in Lake County Colorado in former Water District No 11 Water Division No 2 on the natural stream known as Lake Creek a tributary of the Arkansas River C Source The IPTDS is an integrated complex system of ditches canals diversion dams and tunnels whereby water collected from the various streams is gathered for diversion to the Eastern Slope via the transmountain tunnel Tunnel No 1 The source of the water for the IPTDS is the Roaring Fork River and certain of its tributaries including Lincoln Creek Grizzly Creek Lost Man Creek West Fork Gulch New York Gulch and Tabor Gulch all in former Water District No 38 Pitkin County Colorado D Appropriation Date August 23 IPTDS Appropriation c s The 1930 Priority No 431 Amount Original The total amount decreed to the Original IPTDS Appropriation is 625 individual amounts decreed to the structures under the Lincoln Gulch Diversion Dam a k a Grizzly Reservoir NYCC NYCC Headgate No New York Gulch Absolute 322 c 127 Absolute 28 and Tunnel No 1 West Fork Creek 77 c fs Absolute NYCC Headgate No Roaring Fork Diversion Dam Tunnel No s c fs Conditional Lincoln original appropriation are c 2 s Absolute 3 1 625 c s Absolute NYCC Headgate No Tabor Gulch 171 c 2 s and Lincoln Gulch Connection Canal Gulch Connection Canal water collected along its course 20 c fs Absolute Lost Man Diversion Dam 251 c s Absolute 24 c s Conditional The remaining conditionally decreed coniponents of the IPTDS are 1 24 c s for the Lost Man Diversion Canal this case See below 2 Applicant seeks to make 21 33 c fs 28 c s for the Roaring Fork Diversion Dam Tunnel No 2 Lincoln Gulch Connection Canal E Use used purposes for direct flow and storage municipal and all beneficial uses No 5 dated May 12 Decree of this amount absolute in and The water gathered and collected from the IPTDS is for irrigation domestic commercial industrial pursuant to the Decree of the District Court for Water Division 1976 in Case No W 1901 described more fully below Change of Use The decree in Case No W 1901 Change Decree adjudicated a change in water rights for the IPTDS water rights The Change Decree was affirmed by the Colorado Supreme Court in Twin Lakes Reservoir and Canal Co v City ofAspen 193 Colo 478 568 P 2d 45 1977 Under the terns of the Change Decree all collection coriponent diversions remain subject to the terns and conditions of the original decree entered in 1936 which limits the total amount of water to be collected and diverted at all sources to the finally decreed capacity of Tunnel No 1 namely 625 c s Further all collection coriponent diversions remain subject to the terns and conditions of the Change Decree which specifies inter alfa that no entitlement to divert exists when the following two conditions are concurrently present 1 Twin Lakes Reservoir has stored in a water year its decreed capacity of 54 452 acre feet and 2 There is 756 28 c fs available in priority from the Arkansas River at the headgate of the Colorado Canal to a water right with a priority date of June 9 1890 with a decree date of March 23 1896 for direct flow irrigation uses To the extent that the Arkansas River water available in priority as described in 2 above is less than 756 28 c fs and water could otherwise be beneficially used for the irrigation of lands there arises a corresponding entitlement to divert that amount of water from the IPTDS Such water may itself be stored or applied directly to beneficial uses 4 Detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use All components of the IPTDS have been constructed have diverted and now divert water A and the water has been and is applied to beneficial use Throughout the diligence period the Twin Lakes Conpany has continued its sustained efforts to improve the structures comprising the IPTDS to enable the Company to divert and apply to beneficial use the entire appropriation conditionally decreed thereto and has diverted and applied to beneficial use additional portions of the conditionally decreed rights as set forth below In addition to making additional portions of the water rights absolute the Company has diligently pursued the development of these water rights durmg the diligence period by implementing numerous capital projects and activities that support the Company s ability to divert and put to beneficial use the full amount of its absolute and conditional water rights The IPTDS is an integrated system and as such work on any part of the system shows diligence for the whole system In furtherance of its continuing efforts to perfect its full appropriation the Conpany has undertaken and performed the following actions in this diligence period 1 The Company installed trash racks on the inlet to the siphon under Highway 82 on the Lost Man Connection Canal and on the inlet to Tunnel No 2 These trash racks provide for the safety of human life as well as to prevent the plugging of these structures by foreign objects and debris thus ensuring the free flow of water and supporting full diversion of the IPTDS water rights 2 The Company installed a new metal bridge over the Lost Man Connection Canal at the measurement flume replacing the old log bridge 3 The Company performed design work for a channel stabilization project for the Lost Man spillway channel 4 The Company performed repair work on the outlet gates of Grizzly Reservoir In addition the Company performed a condition assessment on Tunnel No 1 to identify any deficiencies and identify any necessary repairs or maintenance needed to assure full ability to divert the rights of the IPTDS 5 The Company continued to install temporary flumes and perform flow measurements at numerous points in its system to more accurately measure gains and losses in reaches of the collection system to assess and analyze opportunities to rninimize conveyance loss and to support diligence filings 6 The Conpany completed construction of a new equipment shed at the Grizzly camp for the storage and maintenance of Company equipment 7 The Company participated with other East Slope and West Slope partners to provide its pro rata share of 10 825 AF of water in support of endangered fish as part of the Colorado River Recovery ProgranvProgrammatic Biological opinion The Company spent in excess of 1 6 Million to purchase water delivery contracts from NCWCD in the Colorado Big Thompson Project and the Colorado River District in Ruedi Reservoir to provide its pro rata share of the 10 825 acre feet for this program thus protecting its right to divert the full amount of the IPTDS water rights 8 The Conpany has participated as an Objector in approximately 28 cases in Water Division No 5 during the diligence period in order to protect its decreed water rights including the water rights conditionally decreed to the IPTDS B During the diligence period the Company has expended at least 2 801 826 00 in legal engineering construction and other expenses in connection with the actions described above 5 Claim to Make Absolute Diversion Dam and Lost Man Diversion Canal applied to beneficial use c s previously made conditional Use June 7 absolute Direct flow 2010 B A Amount An additional 21 33 c for a total of 272 33 c s and Name of Structure storage Lost Man Date water sought to be made absolute purposes for s absolute irrigation more than the 251 2 67 c s domestic remain commercial industrial municipal and all beneficial uses specifically the water was diverted from Lost Man Creek at Lost Man Diversion Dam into the Lost Man Diversion Canal which diverts water into the Roaring Fork River just above the Roaring Fork Diversion Dam The water was then collected in Grizzly Reservoir transported through Tunnel No 1 into Lake Creek in the Arkansas River basin and thence into Twin Lakes Reservoir and was then used by Company stockholders for the decreed beneficial uses C Description of place where water is applied to beneficial use At sites of use by stockholders that are capable of being served by deliveries from the discharge portal of Tunnel No 1 in Lake Creek or storage in Twin Lakes Reservoir D Remarks On June 7 2010 the Company measured the average daily flow at the Lost Man Diversion Dam and Lost Man Diversion Canal finding a flow of 272 33 c fs an amount that exceeds the 251 afs previously decreed absolute to the Lost Man Diversion Dam and Lost Man Diversion Canal by 21 33 afs The water collected was duly transported through Tunnel No 1 of the System into Lake Creek stored in Twin Lakes Reservoir and released and used by Company stockholders A rate of flow equal to 2 67 c s remains conditional for the Lost Man Diversion Dam and Lost Man Diversion Canal component of the IPTDS In addition 28 c s for the Roaring Fork Diversion Dain Tunnel No 2 and Lincoln Gulch Connection Canal remain conditional 6 Names and addresses of owner s or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored including any modification to the existing storage pool A United States Forest Service Aspen Ranger District 806 West Hallan Street Aspen CO 81611 B United States Bureau of Reclamation Pueblo Field Office 610 Pueblo Reservoir Road Pueblo CO 81005 WHEREFORE the Company requests the Court to make absolute an additional 21 33 c s conditionally decreed to the Lost Man Diversion Dam and the Lost Man Diversion Canal component of the IPTDS and to enter a finding of reasonable diligence in the development of the remaining conditionally decreed portions of the water rights originally decreed to the IPTDS in Case No 3082