?qtmmava 3.3: I (I S?sm?mxs swig; ?i u: I 'Hf'i'l. I I Ill, l/r? nil-1 - (3 Hi! to 47, w?if? 1:Ill A1: DITDH Ionic WW- Hum-n and lingual-lug mason-m. Clkapn. i go all @3110": ?lms KNOW YE. that.-- .. 4. of the County of Gar?eld and 8mm of Colorado, do hereby declare aml publish. as a Legal Notice to all the world, that the right to the occupation, possession and enjoyment of all rad- singulwr, the right of way for that certain ditch, hereby designated and named a "Ditch, situate, lying and being in the County of Gar?eld and State of Colorado and described as follows. tau?wit .- Com?mencin at the head-gate ther?of, which is situated at a, point on -.sf.de of . %%Ct - jfoiju?mne Lnd?ff?nh?gm: ?ngz?iziurnd?? 54:221-:24232: ?@2562? 4?5! ?urc? Jo? Said ditch is . . . . ??eet wide; at the bottom feet mile at the top and 6? We; cubic feet of deep?a, mnying Capacity water per second of time. Work on. said ditch was commenced on the gig/m: 12.26? was? 41w .. fwd-ass, per sec? and of me, of the water of that: said I. to be conveyed by said ,1 ditch to and on ranch For zrrigatlng ancl gamele u-rposes only. of said. all The would of the owan i, and tho-respeclioo inter Said ditch is on. surveyed publio land, and for a. more particqu description thereof reference is hereby made to the plat - thereof, herewith ?led and made a part 0 V__ls_??afemo and seal.03; a. . of - -. STATE OF COLORADO, _County or Gar?eid, E85. I hereby certify that this instrument was ?led for Record at "o?clock MC. __188 in my of?ce and duly room-dart in. Book Recorder. Foes, 1mm Imi- (hr-purl). Prim-u and Baldwin-in:- Wm?? STATEENGM wrame Lax?, 19 1858 o?Jd 15? DENVER, LIL, o_ A. D. 188 g. Subscribcci and sworn. to before me .. going is (I- truo statomcnt of -Ditch. "Tao/4M .5 the over-Zion?: Ga: that the above and fare a2?? a do solemnly swear. ya "water bistrict 21935, . EE - 'l'llE'. Hem Thomas H. Ruekerr, :7 . mm-mrw. 1.53.1? 1d, .53.. 1939. I I . i A PR-EPARBD m; 4 'abmfnan T. Referee. 13v 0117. mm OF Tr} re: COUNT. ?1 I um 12.: I'Ugll?? Huer wat?tsz??tri?ct Roi 45. - 0F PRIORITIES. 9 - i??ng?rhomas 1 . ?1 man:- 11, D- 1939. PREPARED as? - Esq? agentORDER OF THE caviar; ?mmcs,? cow.?. PRXHIL . I - 15333.. Jun-- '1 wr? No. 133. gawk: OF COLORADO. as COUNTY In; ulel Dismal; mm of the. Ninth Judicial bistri?z oi the State of?oldmdo, sitting in and for the County cf Gar?eld. ?'mrity of'Rs'ghts (a the use of water for DECRETAL CHE-DEB. 31 Migration in. Water District No. 43. I on this 10th any of May, 1889. 111113 matter chm- ing at; (or am haul-113g1 and adjudicatich upon the r?port a: the matter of the Adjudication of the Qatar; 7T. Taylor, referee, appointed herein an r1 to whom this.matter that mdernoff thia'coutrlt- herein, 6668er on I "91-min day; 61 Ap?l, referred If? the purposbs in said" brdm- mentioned, as Lwell upon the?s?ygm] ?ndingshupon the evi- deuce produced in this matter, as upon the said egid?nce taken hf?ud-befora .themm 'refeme. it: this n1nLtg:$_ Aging?1g beng Satis?ed from the: sevens! mtums of qqlicjes. oi publi?a?pn,Et?ida?ls and certi?cates. of said referee, that the I Said which the?m?ngs herein re? tu'rhea have severaily been was taken 11pm; du? and law? ful notice; in all respects according to the provisions ?t the statute iu?squh case mude?atid 1irovidcd,:md the rulers dun] of this mgr: bu that behalf in this nmtle?r? madeuaud entered; and {urux?n that the notice of tin; time Set. fair ?ling exceptions in this matti?fm sum ifepqrt and ?nding?rund GI the?me set. for ?tm} hearing thereof and afrihis cause, hm'?bceu duly?serwd on . 143 . . t" Id-?gala-?vsan 1 Cd. 7 . "mapping?ma- ..nr'u 1 _and form as by said order requireli; ?nd further, that all inter- proceediugs have at: all $11.23.; been duly noti??d accord- thu'l {he ?eveml .?nclings? 0f the s?igl referee as reporled to all I '65 of 5516 book) be i1; .111] ?lings approved and can?rai?d,? and I {hill} they may be tuli?n, held in gill feig?peets as the ?ndings of this Chart in this matter; and furth?r, lb is t?pon?liker ?lj-slutn "thali?'of in" tin? Ice-Ham: b?ok gamma; ?Book 5? and l_ lo anti: 1 to 34:7 inclusive oil gage: 1' to Said the reservoir ?ndings cm. pages 63 and inclu~ - 4 -. ?i all parties mulled to nation? miller the Order of this court In mm. 7. behalf entered, on the 13th day'of April, 2L1). 1889, in manner est?tl in. this matte; and entitled b0 lie-lice ii: any stage of the ing to law and the ord?rs of this court-I; glad the report of said Taylor, together with the returns of service cfuoiices, af?davits, list-s, indices, and-?ndings being founll in ?dill? ?rm-am! the ?onrt?ha?ng ?aw here in. Op?? caurt ?end all Finlrliea? and their utwmeys so far as ?eshed to be h?ard rev-??5 spectraer touching the several matters herein, it isby the com-e in consideration of all the premises, hereby ordered and i?judg .?l?glil??thisi court, found in a return thereof in?lc?t?n lycf?ok? numbered. ?Book and marked ?nd numbered ?rst tenth, and 1 to 84 incluslfe, on pages 1 to masld?ralion by the-court. here, "onllal-vzaill adju?ged. and d??reed; - 4 in all to all arid singulg?? will; of 7:1 by said relate}: in fe?p??l "t9" ??lbh?ditbli, 7 and reseir's'oir ill said ?ndings of?decreg as f?und in the 53., A it; 12:. marked ?Draft of Decree Prepared by Releree? nLimlier?il ?rst slre, and as the S?me'am h?reitm?etrmen?ontd aud?deslguated in hereof as hereirxaffei' in salcl several {mm - get- fortll?f-subj?ebt, however; l6 the following ?nex?t $1161:? cloned yro?sons, tun-wit; .. i Isl. No parpbf ibis decree shall in any cm,- be tall-{Earlt .- - nun" A..- - 5 - dawned or held ta con?rm, impmr, For in any 'mgmn'gr affect any claim'or right?nf properfy held. or chimed by any person, asso- ciation or corporation in t0 any ditch, canul?or res?e?oir, e. the any part {lit-moi, or? the land or any pat; thereof on. which any such of the game nme be sitmgt?d, or like iaxhd new or ciitinged as right di'way of any of them; any right, interest oi: claim of property whatevg'r inzor re?tting to any oi them. I. I. 2nd. No? part Of this decree shall b?'taken, deemed 0} held as affecting "in any manner: any question or claim of right be- tween the ownei?s or claimants cf any such ditcli, Gama! or reservoir, as between ea?hjother'; whether as part. owners or shareholders therein, 0'1- ?as in any corpqratio? joint-stock company claiming hi" to chin; the 52mm 0:23:13 part. ?lm'le nor shah it affgc?t. the righl?, interests, or claims of guy mnaumem '7 of ?raw? [or irrigating m- domeatic put-gases, whether impart,- owner; 1933.322? or smith-holder in anf?c'orporapion h'biding or the same, b: as {aurmmser water there,- from; as agninst?lhe rights, interesta?or claims 'of any other par- ty 0r partie? interested, as claiming interest (yr-right in or to sug?h ditch; 63:19.1 or r?ser?'?ir as owner, 163589.01: partaowue: thereof, or as Shim?116136: or" ?mckii?ldei? in? may corporation claiming ?ge same or as a pu?rchaser of water parties usihg ?rat-elf forkaid pur?o?e?? from the same} a?pi'apria- {ion in any ditch, banal or resg?oir, as t0 such water. 'No pith of this decree shall in any manner affect any question ??etwaen twe 'or more parties claiming or o-?wuiug 9110b itieS as herein Adjudg?d, on the same stream, in any case where the water in such stream sinks and rises t9 the s?rface again be- tween therloca?tio'ns of Hi! their respec?tive dit?kes or (235313, at in mler dispute as Llo?the i??'ut'ity of- watgr npp?yprit 315311 it affect any ciailu' 03; priarity maul'a or, ?resisted is between . .?hn . -- n- . "r i l- I . - aired either pa?yiout bf ??ch sinking? aha}.- aii?eing?strenm. 1 This deczjiae?tball not affect may question Myriam? b?etw?m claimants'?r ow?ers of ditches or annals pied in whole 'cpr inV part for milling 01" Inanufagturiug or water ?o?ef for diner purpoa?? is to any water ?urried in-such ?itches'of??nnals for said ?ui'pmes'. 5th. 'I'I?ahis decree shall not-affect tins? claim, interest or right tot any corpur?uliun'as to the-?ght of an}; lliit?lh - cam] or-i-eserybir, or the gro?nd on whi?h the San}? may b? siti? uit?d, dimly question which may ?rise between the??todk-hold- erg iheredf or hetw??n them ind ?le?stute, peg-p12 or' any party; upon _the :li?soititi?h 0f Ench'corporaliou 113' ?xpiratio? 6f 51.3 chat-Let m: otherwise as La, any appropriation of water or rights secured'by con?de mimtl'ou pi?oceeding, by such ?corpom?onkimw its legal exist/ance.- 36th.? No p'n'rt'cf t-his' decree 3MB affect in 3133* way any - ?i'niercst?hqw het'?itfter halal or glaipg?d to 7V any Inappropription of sz'ate?mad? after the closing of testimony the canstructio'u or of the ditch, canal pr rcseW-oin?hy haea'm's 0E Wiligh such appgopriation may have be?n. '7 7 ?Jib? No'pk?t bind-:9 be taken ?or il'yelil: 3's ad- . - judging Lo a: present or future representativgs of shy claim-to an} o?r-resenfoirr or ?artyr homing, I ?smg or ebntz?olfing thesi?me, any right. take carry byA means 0! any canal, ditch or- reservoir herein mentiqzmd; .or by virtue'Of any herein adjudged. any Water from minimum] stream except to he applied to the use for which such has beef: made; nor 10 and?? any exce'ssive use or wntse watt-1? wa'ltatever; not in allow allydive'r?ion of water except far lm?viul and bene?cial uses. 8th. 't?h-?nt throughout said waLbr 'di?lii?t 43, one "x ?irks?ic - 5 eubii: {out (if sen-tar petl of time, or sixty eizlbie feet of . I I . wetter?er?mimi? of?ine, is hereby adiudged and decreed to be I suf?cient in amount to properly ?mit?; practice.ny irrigate ?fty i acres iaud, and in this decree shell be taken or held to grent to tiny tract or parcel of hm]. water to any greater amount than?in said retic- aild proportion, whether said land he 7 catered one or more ditches. . . - 9th. That. the priorities hereby established I I and inside nb?dhite, but the user of the respective emanate bi - Hater hereby-greeted and decreed is? restricted-1:0 the ?practicable ?tilizatioa thereof by the parties 'leivfully' entitled therete, and water'is only ailewed to??ow inlesztiil ratio and. lend tinder ditches- res?peelirel eheli be bfo?ght emitter practieeme' Cultivation, e. tilieil, men-Jew gopvi {restated-Jena; And that the sail! uiu?ler . . - - said ?it-ehee respectively shall be breiight :1 the said 'prop?ortionnte amount of water 'ti?ed' thereon, by the parties; 13%:tu entitled tii?eltetd, with 'reu-selmbie diligent-e. - - 10th. Tliie'decree shall be taken, decreed and berries in? a tended t9 determine and establish the se.'era.1 priorities of right ?by appropriation of water Item the streams of Said water district iot?irrigntieufof the several d?il'telxesremials and miter? .voirs in said district,? which testimony has been aimed in this _ma.t-ter. ateei'tiing to the construction, en. . largement or extension titereof, with the nf ?lam held to. I li?sw'e been appropriated thereby- - I 5 Subject to the seremtlest mentioned ten pi-m'isiens, it is- ft?'thCi?. as tithe said ditches, camels and reset-mire and the ser- 1 ?1 mill of water by means at them respectively claimed in thie matter, ordered. adjudged and de?ned exit: and by the ?ndings Of said referee, :15 foltuws,? 11th. That said ditches be and the smile are hereby unm- 7 ?cb?i'ding' E6 the data of their several and respe?tis'e com structions. and said 3,153 hef?by de-t?rmine? and deemed. to has as'fo?bwz: The Eu: Cre?k 'LAugust 5, The wright Dim The Coal creek No. I M.?..May 14; __;June1, (The. ..i.".Juna The. Ditch, ham. ?Ed-w .?No?nember The Git! Agency Ditch 25, The La Kamp 30, The Sayer Ditch A'The Ryan Dib?hi? The Willow CreeE N0: 1 ?it?h?g??epm The W'?low Cre?k 115.2 29, The willow Creek N03 3 29, The Ri?es? 3; Thu South Side.High1ine The Schubtra "April I, The Lima Beaver IE, ?T?e Hughes Ho. '1 .113; 5, The "Meta and Heigan :25, The Pays-an Ditch, The?arp Ditch . "mm?ap?yt?AH?awn?- The Lone Zl?i?ee Ditch, ?June 15. The Millef Ditch, MS?ptemher i, The 0031 Creel: Mesa 29, Th? Cox Ditch; -.Fehruary 16, The Hay-35 .March 20, 1830' 1881 -1883 1383' 1333 :383_ ?1383 133; 1884?. 1334? 1834.: .133; 135; 1334 188& 188&?. 1385- 1335?: 1335 1885 1335 1335 1855 1885 1335 1335 i385 .1835 1386. '1 Io? .. I 1113. 33.- No. 31. No; 32. No. 33. No. 34. 113.35.- Ho. 36.. Ho. 33. No: 33. No.16. Ho. 41?. (No. 42. 33; ED, 113.15.. 5? .. '?oy?i 'No. 3113. 4:9. No. 50. Na. 55'. 4:33.353. Ho. 55? 2 N15. ?15. Ho. . Ho. 53; 1113. 33. Ho. 0" ?Na. 61. 9. The. Big Beaver Ditch, - ..April 5, 1885 The Little Dibclv; 13er 3, 1333 Th3 lineup-..? ..May 1, 1335 .1311e_w11son'b1mh. .May 1, 1333 The Sawyer. __Th?e?Hugnes No. 2 1111.23-11 311.11g 3. 1333.. The Gum: Ditch, m, 1333 The 111315013 4.11311 15, 1333 lTh?e B. A. 311d B.- 16, 1886 The-(3931 Creek Valley Ditch, ..May i336 T113 Wagner 1., {1886 3:113 ,Fzreauce 131mb, 3111;; 13. 1333 The. Hay Ditch, 1. 1886 1333 . 1 The Howgrd 1886 ., 1, 1886. Theiasmn Seyhemher 17, 11336 The 1131113 8129913 1131311.- 23', 1333 I The 11331133 ?33913111113329, 1333 ?-The 1111311,. -.November 1333 The Low L333 3,1331 The 0353:1111 Stem; 26; 1886 5111311; 1112" --1111311 10', 1337 The Pile 15. 188? The 13, 1331 The Howey 3111133 21, 1337 The ?713112.33 pm 3. 1331? 33113 n; U. Ta?o? 3, 1331 The 1131111131 1337 T113 11. 31111 M. 18, 183? Tile?ldhtud ?22, [387 The Beard and 31501: Ditch, 1.33.11111?11 30. 183? The Grim. 1, 188 . '?11:53?. Twisting niacin- "Maya, 1335' H0. 53. The Duck Creek Ditch, .. 15, 188? VH0. The Spaulding Ditch. 151 1887 No. 65. I The B. M. 25, 133? No; 66, The: Jessup Hal. 1 Ditch- -H-L.June 16; 1887 ,Na. 67. - The Blue Grass Ditch. .7. -July 11. 1337 VNG. 6.8. Time SuyerSp?ring Ditch, - 1. 183? Burch No. 3mm}, 10, 183? No; 70.7 The White River City mm.? 2?og'f1'337 I 7? The Oak Ridge Park Bitch.? '20, 1837 No. 72. The Mammoth Ditch,? ?January 1, 1533 No. ?13. The Jessup No. 2. 14, 1888 [110, 74? The Upper Ditch- .mApi-il 15, 1833' No; 75. The Ditch, wmy 1,1888 No; 76; The Reigan no. 1 1, 1233 No; "The Raigg? Eu. 2 1888 No. 78. The Taylor D?tohg ?#31133 9, 1388 No. 79. 'The Hunter 15+, 1388 >119. 301 v'l?he Euler Ditch, -Ms?y 20,-,1888 The momma Ditch; 7_ 33:32.. Grass 1888 No. as. "The Bawden 1:538 sz? Grimm Ditch Ho. 20; 1888 the several appropriations pf: waist {43: said' ditches and their rapective enlargements are hereby numbered .and? decreed, with the dates of 3.354 to bans I'm-Haws: No. 1. -- The Powell Park Ditch, Original May 1, 1880. Hd. 2. The Elk Creek Ditch, original con?ruction, 'Aug?st 5, 1831. Na. 3; The Wright my, c?gin?ai construction, April 1,1833 1 5m" i lowed to ?ow imp suit} ditch from said creek, ior the use afore- suid and for the bene?t- Diane party inwfuily entitled thereto, under and by virtue. of the appropriation by original construc- No. 6?3 cubic feet 01' water per s?cond of time. And further that there be allowed to ?ow into said ditch as aforesaid, for the use and bene?t- aforesaid, under and by virtue o! the 3; by ?rst. enlargement?al?riority No. 48?1 cubic foot of water per second of time. That the whoie amount of water to which said ditch is enti- tled is computed at i cubic feet per seco?d of time. NUMBER SEVEN- 1m: HEEKER BITCH. That said llibch is entitled to Priority No. 7. It is claimed by the hieeker Town Compmay._ it is used for the irrigation of inuds m1 [or street and domestic-purposes in the. sown of Meeker, takes its supply oi water 1min the. ?Whit?e River. The heudgaie is located on the north bank of said riverSec. 24, T. N, B. 94 WE, inRio Blanca County. Ami it isherehy miiudged um! deepened that there be ill- iowed to ?ow into Said ditch from said then-for the use hinte- said and far the. hima?t. lot the party-lawfully entitled thereto, under and by virtue of ammo. timi?l?riority Re. 74?20 cubic feet. of water per second of time. -. NUMBER Smut THE OLD AGENCY DITCE. That said (High is entitled to Prioritie? Nos. 831-53. It is claimed by Edward Wilbur, Fred Gage. G. A. Hightmi, Thomai? Kildu?, the White River Land and Cattle- Company, and Walter F. Dandy, one-sith interest each. is used for the irrigation of lands and takes its: supply of? water from the White River. The headgete is located the north bank at said: ?reman SeeRio Blanco County. 9 4: tall-4V" tun; BITCH 1889?5? 1m dam?- I'm-mmqu Shawn. U?kqg?. . . ?(new all (men by these ?bresents, anemone, owner af?The ym" in compliance with the law, hereby make. the following" statement for ?ling".- I 1. The head-gate of said?ditoh is situated on of Greek, --00unfy, Colorado, at a . 34:2. d/aih??' a 2- The size of said ditch is -53 -.feet in width on the bottom, "if. -.feet in width at high water mark, -1 ?feet in depth, and the grade thereof -.feet to the mile. 3. The carrying capacity of said ditch "cubic feet of water per second of time. The work of construction of said ditch was commenced on the oft-.. . .1. D. 15.56.- The size of said ditch, as enlarged by this ?enlargement is --feet in width are the bottom. "feet in width at high-water mark, and, --feet in depth. The increased capacity arising from such enlargement is -.cu.bie feet of water per second. of time. 7. The work on said enlargement was commenced on. the ?day 0 .4. D. .2 .hand--and ?day a -gzo?ejz?gag STATE 0: COLORADO, $83 County of -- I, do solemnly swear by the ever-living God that the ma ers shown in the foregoing statement of the I and the hereto attached thereof are true of my own personal knowledge. In case the Butameixt 5e math; for an eumrgemeutalso. D. 18.97 STATEMENT f, aw THE- 2/ - Ditchunmet-s. 6' State of Coiorado, County of . . I hereby certify tha? this ment was ?led in my of?ce In .. #1 - .189 .. i It . - I g? ?mama?? 5! ii By .. 1 Deputy i I Fees. in i I r. r? John Roll-rt! f?ulp?np. Math-rpmW?FILED IN Sir/N13 E?d?it'ffsj'g QFHCE AT DENVER. CCLS. DEC 1 133 I ?m Dies!) If I, 1, SUPPLEMENTAL STATEMENT (Act of April, 1919) "Water District No Water Filing No.4?: .. .. may. vit- Irrigation Division .. For - n1; 5 ..Original Claims Pf? Tum?! ?ifbolerado. Address In compliance with the terms and provisions of "An Act to make farther provisions for settling priority of rights to use of water for irrigationand other bene?cial the General Assembly of the State of dolorado; approved April 9th, 1919, the undersigned hereby makes the ?following supplemental statement con- cerning the above described claim of appropriation heretofore ?led in the of?ce of the State Engineer of the State of Colorado. I FIRST. The name or names and respective postef?ce addresses of the person or persons, corporation or corporations, or claimants desiring to claim a eontinnance of the rights claimed under the above entitled ?ling are: 5 Mary E. Smith Name Address weaker! Calorado' Name I Address Name - Address ?Dru'li-ECW' H, SECOND. The hndersitgned assert rights as Successor in title. (Erase according to facts) 7? I?Titie was derived through the following oonveyahces- - DATE OF RECORDED IN cosmos GRANTEE CONVEY- POSTOFFICE ADDRESS Rio Blane . ANCE 0F GRANTEE . . CO. RECORDS 1 - :36 5 IO ?leekgac?gigg r&t gr: 1 . Co I Book .. Page .. sleeker Town 00. Mary E. Smith 1/2/14 Meeker, Colorado (0 AL CLAIMANT) THIRD. Diligence has been pursued in ?nancing, completing or perfecting an appropriation of water under such claim, ?ling, or maps, by reason of the following acts and things: Project. completed and ole-.de represented by filing, protected by decree of the i ict Court of Rio Blanca 10, 1889.. . r? November 20, 1883. of Water District No(If there is not su?icient space for the general statement required by Section 1 of the act, further statement may be attached hereto as appendix Any such additional statement in the form of an appendix must be typewritten or written with ink and upon paper of the size of this blank.) URTH. The Works included within the above claim The genera plans to be followed in ?nancing and completing the work and the ways and means of perfecting the approp of water under such ?ling are as follows: -7 ?Jun-w meq aw .(If there i not su?cient space for the general statement. required by section'l of the act,? further statement may be attached hereto as appendix Any such additional statement in the form of an appendix must be type- written or written with ink and upon paper the size oi this blank.) approximate time which will be required to complete such works and make bene?cial application of water under such claim 1?3 .- . m- SIXTH. As further information as to the diligence which has been used and to the diligence contempTa?EEd?for the\fu re in the ?nancing and completing 0f the above described claim including information as to the magnitude and progress made in carrying out such project, the undersigned saysimmnan..mm.4 a. ?up? (In case-any modi?cations or changes have heen made in? the original plan, the same must be set. forth so as to give. full information thereof. No modi?cation of the original claim or plan shall be made which shail work any. material change in the point of diversion or change the source of supply of the 'waters to which the claim -, made. If there is not suf?cient space for the general sta?ement required by section 1 of the act, further state- ment may. be attached hereto es appendix An}? such additional statement in the form of an appendix must - _be typewritten 01- itten with ink and upon paper the size of this blank.) - Dated 50/ 41/ ., 192/.71?Ii WWII arugula?. rah? . I ei w-?I I .I - - I cknowledgment for Individual. :i I i I STATE OF COLORADO I as County Before me, .., a Notary Public in and for said county of Said state, - personaliy appeere - .. When?upersonaily known to he the person Whose subscribed to the foregoing supplemental statement, who being ?rst duly sworn upon oath depoee?w seize,? AI that the facts set forth in said supplementai statement are true, full and complete, and that mode and signed the ebove foregoing statement in (in?ame with the statute in such case made and provided. 1 - - Subscribed and sworn to befor I D. My commission expiree I 457/ 47 (ff-ff II - .f-szu-Jzuftf. ?we, or,? I. ?own! I 5.1i?lsll?)- I) l} I hill/UM" '1 . I Acknowledgment for Corporation. I I ATE on COLORADOfl)"County of.. I Before me, I a. Notary Public in and for said county and t?te peg:? 'onally appeared the President and Secretary .. 'of The .. I Company, personally known to me to he the persons Whose names are subscribed thh?regoing supplemental statement, who each being ?rst duly sworn Eupon oath deposes? and says, each for himsel? an not one for the other, th /at"p?is the President and Secretary re- l' . Spec?vely of the said corporation and that the fee set forth in said supplemental statement ere true, full and _'wcomplete and that they as such IPreeident and Sporetory, eepgetiYelern of .ihejaidneorporation, .made? and reigned, the said supplemental statement in compliance with the ta in Inch case mede and provided. a, . 1 Preeident. (CORPORATE SEALSecretarjr?hf - ?Subecrihed and ewe 0 before me .. day ?if My comm/Mei expires ,1 n- - State Engineer-?3. O?ce. . 19% 43 _Water Filing Nohlxgu; -- i .499. Examined and 0. K. for ?ling Chief Clerk. (3. K. and ?led by Filing Clerk. STATEMENT of THE STATE OF COLORADO, This instrumeiftw'ivas received ?nd ?led on the a a ?0 Inf'lIt. J:"iaiwlFiling (Her?12:" The Bradford Publishing . a I . Mun-Er . p. Mara? 203a? :22? 522.4%. FulaZthN J'Z'a?am ?rm 7} ??lma?zny z; .5 1? o? I 1155'" /6 1.1- wr- Jig-Cm I: unu5"[23? 51!,24. 522:. 532;: N. macaw.212. :a (a 416'? l0 9 ?ry- Jar-tr 3 {17 2/011." 1 . 11?: tax.?- 1.74.? 7.10 (Jy- (err 44:, .241.? :74- AW. .2/1 In, rr la? 1 "Ruck-1g n. \5 8 Muk'r -, l-W meme-Dimer: AND THE . pr. MEEKER Iowans BITCH, N9. 7 'BeiiditEh 'isi-lnumbereed decreed: ?le. Geurt. 11: ha; 'been awarded PrioriijNo; 7 ref-twehff dubiclfeet-ef eater per secend_ - e: time, felating beet f0 end dating frem the 20th def of November; A.D7 3; 1885, udder a?d Bf a i i I Seid ditch, ?nder fhie deefee: 555 for cub;e feet of ?eter per seepnd of ti?e; reiating Eaek to end'dating'- _frem the 20th day 5; Apr11,_A. D. 188?, VeiE?largement.- The eiaimants e} Said ditch are Paul Geqtey, RuSEellHarpI D. H. Smith, Rey Gfaham, Nellie Hewley. - Said diteh is used for irrigatioe puf?> posee and tekes 1?s-supp1y of water from Wh;te,River in Bid-Bianeo unnty. :Goloradof the headgafelie located_eni?heenefth be?k ef said White Rivefr? - et a point ?he?ce the Corner to Seetiees?24; 25, 19 and 30,_wansh1p 1 between .'R_anges 29331111 794' West Stu-Pm. beam 5. 180,18' A 17",82 chains; a?d-thatthe heedgapeof?the_Fairf1eld EXtension of_Meeker Towng.-I . :_site Diteh is ?e?ituated 2041'feet and 26891631: from the NW corner '5ng mi Sec. '1 94' w. or t?e' 61:11 my 'ihe featimony in this wafer and'prieritf H: right eh; fol?me of water ewardea Asia ditch under-said priof decree has atall times been beneficially need and ap?lied in accerdanc? with lthe terms er the dearee estabiishingthe same, and eaid decree_and :fhe ?fidrity fight theieby-awefded are hefeby ratified end confirmed. 7' erdered, edj?gged and decreed fhat'fhere be ailowed Atofflo?.in?o eeid ditch from eeig White River fer the .?ahd to? the behefit er the parties entitled thereto, under and by], by Firet'Enlargement; Priprity No. 555 feet of wafer per of timefeiatieg back t5 a?q dating from the 20th day er Aprii, 7 .Hc:;t 13 f?:t?ere:dered; adj?dged and decreed the?eeid Priority No; 555 is here?y made ebeolute and unce?ditional. - .7 I . I. hf -: I 'If is ?u#ther ?f??red3'gdjud?ed ?nd ded?e?d thaf the tdtai amount?f I'r [at wafer ta said-diteh is at present ?nti?led is -?ubic f??t of water p?r'secohd of ?im?f I 1 V, i r' THE CALHOUN no. 291 3" W. 8a1?-d1?Q? 1g hu?befed 291 enti?l?a ?hiS??ecree ?o A Pfi?rity?Nogf??s under and by viff?e of add - Priority No. 537 ?nd?r_?nd b? virt?e ?f_the First Eniarg?ment ?h?reof.- The cl?im?n? 6fr??idfditgh is ?dhn'bldiandf_r'8aid ditch is used?for >1fr1g?tionv?urpose? and?ak?s'itsv??bply 6f water White ?iv?f in ?Ri? Biancb Go1?r?do. The hea?gate ;?_1ocated?o? th? ?ight bank ??bf ?ai? White Ri?er?at_a poi?t?hence the qu??hi? 1.no?th; Ragga East 1101 re?t It 1$:herebj ordered, t?ere be allo?ed to ,f flow said White Rive? for the use'gforgsaid and g~r9r the Benefit or_?he parties l?wrullyientitl?a:ther?to? ?nder.and'by'; virtue 6f.?ppr0pfia?16n by Original 356, one, .and feet of water per se?ond of t1?tel :?felating'back'go and d?ting from the l?t day of is rur?h?r br?ered,xadj?dged and decreed that there b? allowed t6 flaw ?aid-?itch from said Whi?e River fof_theus? and benefit afor??aid! u?der and by viit??lafv?h? First Enl?rgement; 557; and ninety-four feat jof water pef?sgco?d ?f ?lms, relating-back t9 and dating-from the 2nd day of April, A. b: i?aa. I h" A. It is further ordereda adjudged an; deoteed that said Priofity No. N5. 357, are her?by made gbgolute-and ?hco??itional? . I It-is further order??,?adjudg?d of water to whi?h 351dEELtch is at ?resent eptitlgduia'cpmp?ted at SiB?-cubi? V_fe?t16f water per S?cond Of 5? 36' I I 1 towed to ?ow into; 58.311 ditch from said creek, for the use afore- mid and for the bene?t- of. the party entitled thereto. un?t-r and by virtue of the appropriation by original construc- tion-n?Primity No. tin-3 cubic feet of water per s?cond of time. Add furth?r that there be allowed to ?ow into said ditch as aforesaid, for the use and bene?t aforesaid, under and by virtue of the s; by ?rst. enlargeruent?aPrioz-ity No. 48ml cubic foot of water per second of time. That the whofe amount of water to which said. ditch is enti- tled is computed at i cubic feet per seat-ad of time. NUMBER SEVEN. THE 511ml. That said ditch is entitled to Priority No. 7. It. is claimed by the Mtg-kel- Town Company. It is used for the. irrigation of kinds and [or street and domestic-purposes in the. town of Meeker, takes its supply qt water imhm the White River. The headgate is located on the. north bank of said riwrSec. 24, T. R. 94 W., inRio Blanca County. And it isherehy adjudged gm! deemed that there: 53 al- lowed to ?ow into Said ditch tram said (?wen-for the use hfnrew said and far the bene?t. Int the party-lawfully entitled thereto, under and by virtue: of ?bilsttuw tiouQPriority Ne. 74-20 cubic feet of water per sewud of time. W..- NUMBER EIGHT. THE OLD AGEKOY DITCE. That said ditch is entitled to E?riorities Nos. $21-51 It is claimed by Edwan Wilbur, Fred G033. G. A. Hightou, Themast- Kilduff, the hire River Land and Cattle. Company, and Walter F. Dandy, one-sixth interest e?sch. is used to:- the irrigation at lands and takes its supp}; of? water from the White River. The headgate is leashed the north bank of said ?reman SecRio Blanco County. .. .. .5. File in guadmlicata mm mm A com 11m; ran mm DIVISION no. '95 sure: or comma. case Ha. Ha . M?p?f EELZE m'm' am as APPLICATION rap. . mm arms a: - - . FLOYD . ROBBINS ??xmlm? FOR ?m I a RICHIE -. ROBBINS, (Surface) I _7 as joint tenantsName of applicant: Floyd Robbins and LaVone; . Robbins, as jo?t -tenants-- . Address of applicant: BOX 316 Meeker, Colorado up 81641 1 373?4769 Teluphono number of applicant: 2. ?ame of .ditch or other stru?ture: Meeker Towin? site Ditch) ?o/a?ms Diver's/Ian desoriptiou of each point of diversion or proposed 41V?r91m= Beginning at a point on the East . - 'boundary of Tract No. 86 in Section 28,? . -.. Township 1 North, Range 94 West of the Sixth' - hence corner No?. 1 of said Tract No. 86. bears quth 0?05' West 516.03 ,feet running, -hence South 0?05' East South. 41?; East 174.00 feet to the point of ?diversion I 0 Exhibit #12 kneaded 4/8172 ?Fm?a 4. 5. 7. 9. 10. Description of ditch, pump, or pipeline: The 2(3th of diversion is on the Meeker Townsite Ditch. said ditch to applicant's property. Source of water (River and tributery): White River A. Date of_initiation of the appropriation: may 3: 19737 I i B. Data water first_applied to beneficial use: ?ag 3 .- 1973 G. How appropriation was initiated: Applicants Piped 7 and Bugged water?from ditch to aggligant's property. lAmomt o? water claimed by diversion in cubic feet per Iaeond of time (Indicate whether conditional or absolute): A. Portion absolute: one B. Portion conditional: Use or proposed nae of the deter: For of three acres.and for stock water. In case of an irrigation priority, the number of acres being irrigated: 3 the number of acres historically irrigated: 3 - and the number of acres proposed to 3 be irrigated 3 by the decree sought. Remarks Signature of applicant 0 attorney for a 1311:3511: LaVone E. gobbins . Box 51b Meeker. Colorado 81641 flame, address and telephone number of attorney for applicant. __plorado Attorney No. 1555 1 O. Box 398' sum or COLORADO COUNTY 05' A Floyd Robbins and LaVorE bani; ?rst duly h' E. Rozgins at! the sworn, upon an epos an ay_ tmere foregoing application, how the contents theraof,? and that - the 3mm true . . F1 . 1ns -3 7 . Subacribcd and mm to befpre me thiaJJr'L'aa}? 'of? 1 I Adv-L . 19 a~4;;ki Wary Public 33mJr; c?h'r 5 <7 7} 41f" r535 ?4,155 . 3 f: r; a fail1992.1.): . .. 7 .5. . .0 . 3/ Jur??funIN THE DISTRICT COURT IN AND IN WATER FOR THE WATER DIVISION NO. 5 unannrats STATE OF COLORADO EP 3 Application Na. IN THE MATTER OF THE APPLICATION - ?Em A FOR WATER RIGHTS OF FLOYD J. ROBBINS I . BY AND VONE E. ROBBINS 0F EFEREE IN THE WHITE RIVER . . on ITS TRIBUTARIES TRIBUTARY IN RIO ELANCO COUNTY The above entitled Application was filed On May 11., 1975', and was referred to the undersigned as Rater'Referee for Water Divisinn No. 5, State of Colorado, by the water Judge of said Court on the lat day of June, 1976, in accordance with Article 92 of Chapter 37, Cblorado Revised Statutes 1973, known as The Water Rights Determination and Administration Act of 1969.. And the hidersigned Refereewhaving made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the folloying det?e?ination and ruling as the Referee in this matter, to-wit:i ?if 1. The statements in the application are true. 2. The name?of the structure is the Hacker Townsite Ditch, Robbins Dyer-ere?. 3. The names of the claimants and address: Floyd J. Robbins and La Vane E. Robbins; Box 316; Heeker, Colorado. 4. The source of the water is the White River. 5. The point of diuersion of the Meeker Townsite Ditch, as decreed, is located on the North Bank of the White River at a point whence the corner to Sections 24, 25, $9 and 30, between Ran es 93 and 94 West of the 6th P.M. bears S. 18 18' E. 17.87 chains (1180.7 feet). The point of diVersion of the Meeker Townsite Ditch, Robbins Diver- sion, is lscated on the Northerly Bank of the eker Townsite Ditch at a Eoint 5.00 05' E. 812.10 feet, thence 5.41 00 E. 174.00 feet from orner No. l, Tract 86,_Section 28, T.1H., R.94W. of the 6th P.M. 6. The use of the water is irrigation and livestock water. I 7. The date of initiation of appropriation is May 3, 1973. 8. The amount of water claimed is 1.0 cubic foot of water per second of time, absolute. 9. The applicant hadsinstalled a pump and pipeline and uses the water to irrigate about 3 acrds of land with a sprinkling system. 10. It has been established that 0.25 cubic foot of water per second of time is sufficient in this area to irrigate 3 acres of land. The Referee does therefore conclude that the above entitled applica- tion should be granted and that 0.25 cubic foot of water per secondodf 37;: 251' .1 N0 Protest was filed in this matter 1? time hereby is awarded to the Meeker Townsite Ditch, Robbins Diversion, for irrigation and livestock water uses, with appropriation date of the 3rd day of May, 1973, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judi- cial review pursuant to Section 37?92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, of java 197L. BY THE REFEREE: The foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court. State of Colorado d?m- Datedz' tar udse Kevin L. Patrick, Esq. July 21, 2014 Patrick, Miller, Kropf, and Noto, P.C. 229 Midland Avenue Basalt CO 81621 RE: Meeker Ditch Investigation, Impacts to Abbott Property Dear Kevin: Pursuant to your request, Resource Engineering, Inc. (RESOURCE) has completed an initial investigation of the Meeker Ditch as it relates to the continued flooding of Ken and Joan Abbott?s commercial property outside of the Town of Meeker, in Rio Blanco County, Colorado. This investigation included: 1.) an interview with the Abbotts and site inspection of their commercial property on June 11, 2014, 2.) an interview with Bill Dunham, the District 43 Water Commissioner, on June 13, 2014, 3.) an interview with Erin Light, the Division 6 Engineer, on June 23, 2014, and 4.) a review of the Meeker Ditch water rights and operations. Based on the information collected to?date, RESOURCE has identified several items of concern associated with the operation and condition of the Meeker Ditch. These items have likely contributed to the seepage and flooding events that the Abbotts have experienced over the last 10 years and include: lack of maintenance and wasteful diversions, unadministerable monitoring and reporting conditions, and the possible expansion of use. These issues along with recommendations are detailed in the following letter. ABBOTTS PROPERTY The Abbotts own the commercial property located at 707 East Market Street, which is approximately a half mile east of the Town of Meeker (Town). They purchased this 2 acre lot and shop building in 1997 from Ken?s prior employer, Northern Coal, and have been associated with the property since the early 19803. The triangular shaped parcel is bounded by local roads on the southeast and west boundaries and the Meeker Ditch traveling along the north boundary. The majority of the lot, which houses the shop building and fenced yard, has been graded and is relatively flat. At the back of the shop building and along the north fence line sits the toe of the Meeker Ditch embankment. On average, the centerline of the ditch is located approximately 20 feet north of the toe of the embankment. This land configuration has not changed in the 30+ year history that the Abbotts have been associated with the property. The relationship between the property and the Meeker Ditch, however, has changed. About 10 years ago, the Abbotts began noticing seepage at the toe ofthe Meeker Ditch embankment near the northeast end of their property. In 2010, the Abbotts retained legal counsel as both their yard and the shop building were experiencing significant flooding. Communication with the Division of Water Resources (DWR) and David Smith, the main ditch owner, was initiated through this process. As a result, a bentonite product was applied to the ditch in 2011, which reduced the volume of seepage along the toe of the embankment and the occurrence of flooding within the Abbott's machine shop. The single application, however, provided only a Consulting Engineers and Hydrologists SUB Colorado Avenue I Glenwood Springs. B1 801 I [970] 945-8777 I Fax ?l 37 Kevin L. Patrick, Esq. Patrick, Miller, Kropf, and Noto, P.C. July 21, 2014 Page 2 temporary solution. The Abbott?s property was again flooded during the 2012 irrigation season. In 2014, the seepage and flooding worsened. During the 2013 irrigation season, the diversions were about half of the recorded amount in the prior years and did not result in seepage or flooding of the Abbott?s property. On June 3, 2014 the Meeker Ditch was turned on for the current irrigation season. On June 4, 2014 the Abbott?s property was flooded. The three sump pumps, which were installed by the Abbott?s in 2010 were insufficient to manage the incoming seepage, and therefore, despite their proactive measures the Abbott?s entire building was inundated with water. In reaction to the flooding, the Abbotts installed two additional sump pumps: one on the west side of the shop building on June 5th and a second on the east side of the shop building on June These two pumps, along with the original three pumps, which are located behind the shop between the toe of the ditch embankment and the building, inside the north end of the machine shop, and inside the adjacent storage shed, were all running at the time of RESOURCES site visit on June 11, 2014. With all five pumps in operation, there was still evidence of water throughout the shop building and along the north property line, as shown in Figure 1 attached. MEEKER DITCH: BACKGROUND The Meeker Ditch is comprised of three absolute water rights, which divert from the White River through a headgate structure located on the north bank of the river, approximately 1.5 miles east of Town. The original water right was appropriated by the Meeker Town Company on November 20, 1883 and was later adjudicated in Garfield County on May 5, 1889 as part of Civil Action No. 133. The decree entered in that case allowed for 20.0 to be diverted under the original Meeker Ditch water right for irrigation (at a duty of water of 1 per 50 acres) and domestic uses. Based on a map included with the filing statement, the current alignment of the Meeker Ditch generally follows the original alignment; however, the original ditch turned south at the west end of Town and returned to the White River. This configuration is shown in Figure 2 attached. A second water right was appropriated four years later on April 20, 1887. This enlargement right was claimed by a consortium of irrigators and adjudicated in Rio Blanco County on May 26, 1942 as part of Civil Action No. 624. The decree entered in that case allowed for an additional 5.7 to be diverted for irrigation use under the Fairfield Extension of the Meeker Ditch. The headgate location of the Fairfield Extension was defined in the decree and shown on the filing map as the west end of the Meeker Ditch at a point where the original alignment turned south towards the White River. From the headgate, the Fairfield Extension of the Meeker Ditch runs in a southwest direction for approximately 1.2 miles as shown in Figure 3 a?ached. The third and final water right decreed under the Meeker Ditch was appropriated on May 3, 1973 by Floyd and LaVone Robbins. The Robbins? diversion was adjudicated in Case No. 2956, during the 1974 calendar year. The decree entered in that case allowed for 0.25 to be diverted for irrigation and livestock water through a pump and pipeline connected to the ditch. INC. Kevin L. Patrick, Esq. Patrick, Miller, Kropf, and Noto, P.C. July 21, 2014 Page 3 MEEKER DITCH: IDENTIFIED CONCERNS Based on the water right documentation, the Meeker Ditch has been operated in the reach above the Abbott?s property for over 130 years, and based on the Abbott?s 30+ year history with the site, seepage from the ditch has only recently become an issue. The volume of seepage daylighting on the Abbott?s property and into the Abbott?s commercial machine shop is therefore not representative of historical conditions underthe Meeker Ditch. As such, recent operation of the ditch system are likely a contributing factor to this continued problem. 1. Ditch Waste: Inefficient Delivery System During the June 11th site inspection, RESOURCE observed a ditch that lacked maintenance and inefficient use of diversions through the reach of the Meeker Ditch adjacent to the Abbott?s property. The flow of water appeared to be either well above the primary channel or the ditch itself was entirely overgrown. In either instance, there was down grass along the edge of the flow and water pooling in thick grass and dense vegetation on both sides of the channel. More specifically, on the steeper slope side of the channel, the standing water appeared to cover an average width of 2?3 feet, and on the toe side of the channel, the standing water was measured to be an average width of 3-4 feet. An example of this condition is shown in Figure 4 attached. According to the Abbotts, the last time that maintenance was done on reach ofthe Meeker Ditch above their property was approximately 12 years ago, when the channel was burned. The ditch is managed by Dave Smith, who irrigates land near the end of the Meeker Ditch. He is also a former employee of Northern Coal, and according to Ken, regularly maintained the ditch when the energy company owned the subject property. In its current state, the Meeker Ditch cannot transport water in an efficient manner through the reach above the Abbott?s'property. Moreover, greater diversions are needed to ensure that water makes it to the end of the system. Water, therefore, is not being beneficially used. In fact, it?s being wasted, resulting in a negative impact to both the Abbotts and the other adjacent properties, which are also experiencing flooding from ditch seepage. 2. Ditch Waste: Non-Beneficial Use of Water Supply On June 11th, RESOURCE also observed that diversions through the Meeker Ditch were being turned out and dumped into Sulphur Creek. Sulphur Creek is a small drainage located on the west end of Town. The Meeker Ditch crosses above this drainage in a pipeline located approximately three blocks south of the fairgrounds. Before crossing the drainage, however, the Meeker Ditch flows into a concrete structure with a gate valve and an overflow spillway. The gate valve controls the amount of water delivered through the pipeline and continued in the Meeker Ditch. The overflow spillway is controlled with wooden boards and allows excess water to be delivered to Sulphur Creek. At the time of site visit, the controls were set such that water was spilling into Sulphur Creek while pipeline capacity remained in Meeker Ditch, as shown in Figure 5 attached. INC. Kevin L. Patrick, Esq. July 21, 2014 Patrick, Miller, Kropf, and Noto, P.C. Page 4 The spillway structure should be operated only as an emergency release valve. According to the Abbotts, however, this structure is often used to manage the Meeker Ditch of the crossing. In this manner, the Meeker Ditch headgate on the White River can be set to any level and then adjusted at the Sulphur Creek crossing to allow the desired amount to continue while spilling any unwanted amount. The spilled supply, however, is wasteful and not a beneficial use of the water. Moreover, had the ditch been properly operated at the actual diversion headgate, there would have been less water in the critical reach above the Abbott?s property. As a result, water turned out to Sulphur Creek negatively impacts the Abbotts. RESOURCE has also become aware of water being discharged and wasted down Curtis Creek. The DWR made a site visit on July 15, 2014 and personally observed this wasteful practice at both Sulphur Creek and Curtis Creek. The DWR closed the water gates at these locations and reduced the diversion from the White River. The Abbotts reported that the seepage significantly diminished, as a result. Matt Smith then reportedly opened up the waste gates and increased the diversions from the White River. This action resulted in a significant increase in the seepage on the Abbott?s property, according to Ken. 3. Unadministrable Diversion Diversions under the Meeker Ditch are not measured at or near the ditch?s headgate on the White River. Instead, diversions are measured over a half mile away, at a point north of Highway 13 on property owned by Bill Dunham, the District 43 Water Commissioner from 1976 to this June. In a phone interview with RESOURCE, Bill indicated that the 4 ft. Parshall flume which measures the Meeker Ditch has been submerged and that it has been in that condition for his entire tenure with the State (approximately 38 years). He indicated that he would occasionally adjust the readings by a submergence chart. In experience, however, a 4 foot Parshall flume reading can only be adjusted to estimate the flow for submergence up to 70%. In either case, it appears that the diversions recorded for the Meeker Ditch during Bill?s tenure were less than accurate, and without an accurate record, it?s hard to evaluate what the diversion rates have been over the last 10 years and/or derive any meaningful comparison between recent and historical practices. 4. Potential Expansion of Use As described earlier, the Meeker Ditch has an original water right for 20.0 cfs, which is capable of providing an irrigation and domestic supply to users between the headgate on the White River and the west end of Town. The ditch also has an enlarged right for 5.7 cfs, which is capable of providing an irrigation supply to users between the west end of Town and the Fairfield Gulch. In order to determine the water demand currently needed under each water right, RESOURCE has tried to identify the users with title to the water. Unfortunately, there is no formal ownership group associated with the Meeker Ditch. RESOURCE, therefore, had to rely on the State?s online database and Bill Dunham?s knowledge of the system. The State?s online database lists 23 owners for the Meeker Ditch. When asked about this list, Bill indicated that not all of the owners still irrigate. He specifically referenced the Kevin L. Patrick, Esq. July 21, 2014 Patrick, Miller, Kropf, and Noto, P.C. Page 5 Gentry family, which accounts for 8 of the 23 owners, saying that the estate had been divided and no longer received water from the Meeker Ditch. RESOURCE then cross? referenced the remaining 15 ditch owners with the property database maintained by the Rio Blanco County assessor?s office. The parcels data for listed Meeker Ditch owners was plotted in GIS. RESOURCE did not perform a detailed analysis of the irrigated area associated with each of the parcel. The acreage most likely associated with each of the two main Meeker Ditch water rights, however, was estimated. The results are presented below: ORIGINAL RIGHT Ownership Reference Irrigated Area Clatterbaugh, Zachary Natosha 1.5 acres (1 lot west of Town) Dunham, Gary Becky 2.7 acres (1 lot west of Town 3 lots within Town) Estes, Chuck Arlene 2.5 acres (1 lot west of Town) HISJB, LLC 0.0 acres (1 lot west ofTown) Parker, Melinda 0.2 acres (1 lot within of Town) Pelloni, Ken Barbara 0.0 acres (1 lot west of Town) Smith, David 5.0 acres (1 lot west of Town 8. 2 lots within Town) 11.9 acres ENLARGEMENT RIGHT Ownership Reference Irrigated Area Clark White River Ranch 0.0 acres (Beyond Extension, Niblock Ditch Primary) Fred Pierce Family Trust 20.0 acres (Property west of Smith Ranch) Oldland, Alan Jane 0.0 acres (Beyond Extension, Niblock Ditch Primary) Oldland, Betty 0.0 acres (Beyond Extension, Niblock Ditch Primary) Ridgeway, Randy 8: Teresa 3.0 acres (Property irrigated for Sheep Dog Trials) 2 2 2 1 Smith, David 60.0 acres Steinman, David Beverly 10.0 acres (End of Extension) Trout, Roger 15.0 acres (End of Extension) Harpst Family Trust NA 108.0 acres Using the decreed duty of water (1 50 acres) associated with the original water right, the current ownership of lands (approximately 11.9 acres) irrigated by the original water right should require 0.25 ofthe 20.0 diversion capacity ofthe Meeker Ditch. The decree in Civil Action 624 did not specifically address the duty of water. Applying the same duty of water to the acreage irrigated under the extension ditch, results in a diversion requirement of 2.20 cfs. At a duty of 1 cfs/30 acres, the 108 acres of irrigation would require 3.6 of diversion. At this level of analysis, assuming the 108 acres represents the land of the claimants in CA624, the total diversion of the Meeker Ditch would be approximately 6.0 (0.25 Original Right 5.70 Enlargement Right). RECOMMENDATIONS Based on the above findings in initial evaluation of the seepage and flooding from the Meeker Ditch, the following recommendations are offered: Kevin L. Patrick, Esq. July 21, 2014 Patrick, Miller, Kropf, and Noto, P.C. Page 6 1. A properly installed and calibrated measuring device should be installed near the White River point of diversion on the Meeker Ditch. An accurate measuring station will allow the ditch to be administered and insure that proper diversions are taken. 2. The ditch should be maintained and/or operated in a manner that eliminates the pooling of water along the channel and provides for efficient flow of water in the ditch. 3. The Sulphur Creek and Curtis Creek wasteway structures should be operated with the turnout gate closed and the overflow elevation set to protect the ditch from unforeseen changes in inflow. The Sulphur Creek and Curtis Creek turnouts should not be allowed to operate as a headgate control. 4. The ownership of the Meeker Ditch should be further evaluated and the acreage under each water right more fully defined. Diversions under the Meeker Ditch original water right should then be limited to the decreed duty of water (1 50 acres), or such reasonable additional amount during free river conditions as deemed necessary by the DWR. Diversions under the enlargement should correspond to the use contemplated in CA624, but no more than the decreed amount of 5.7 cfs, which results in a duty of approximately 1 per 20 acres. Sincerely, RESOURCE ENGINEERING, INC. if Ashley N. offatt, P.E. Water Resource Engineer 1426?10 Attachments CC: Ken Abbott, w/attachments - g. A . A .. . 15??mwr? . - I TRENCH ?r I. Source: NAIPAeriaji Photography (3/11/2013) 7 Figure 2: Meeker Ditch Alignment under the Original Water Right Meeker Ditch Investigation, Abbott Property 2014-07-21 I DrawnzANM 909 Colorado Avenue IGienwood Springs? Co 81601 Voice: (970) 945-6777 - Web: - - MJE 42;; .1. ppropriation Date: I I it A Abbott Prope?tyRIVER W973i; t: be ?a 7713?: . - g- .i . Figure 3: Meeker Ditch Alignment under the Enlargement Water Right Meeker Ditch Investigation, Abbott Property File: 1426-1 .0 Drawn: ANM . 0.5 Reviewed: MJE 909 Colorado Avenue I Glenwood Springs. CO 81601 Voice: (970) 945-6777 - Web: VMw.resource-eng.com ?004-5 feet, PU. o.n .uoo.. 2.3. 2.3.8.. >550: 3.0.83mam 00.2.30 >525 Quasaun. mung? no man: <28? .33 953.3. . SE: ?ghuacaa?znhaa Figure 5: EvidenCe of Non-Beneficial Use Meeker Ditch Investigation, Abbott Property Picture taken on June 11, 2014 from the Sulphur Creek crossing. The photograph captures Meeker Ditch diversions being turned out into Sulphur Creek. On the same day, the Abbott's propert . ("11'51u1 I ll?v'llaye?Hr: - . an?; Picture taken on July 22, 2014 from the Sulphur A Creek crossing. The photograph captures Meeker Ditch diversions being turned out into Sulphur Creek. On the same day, the Abbott's property is flooded. *9 .ERESOURCE .- 909 Colorado Avenue I Glenwond Springs, CO 81601 Vales; (970) 945-6777 - Web: