DISTRICT COURT, GARFIELD (GLENWOOD SPRINGS) COUNTY, COLORADO
Court Address:
109 8th Street, Ste. 104, Glenwood Springs, CO, 81601

DATE FILED: March 22, 2015 3:39 PM
CASE NUMBER: 2005CW300

In the Interest of: ASPEN, CITY OF

COURT USE ONLY
Case Number: 2005CW300
Division: E
Courtroom:

Decree: Decree
The motion/proposed order attached hereto: GRANTED.
Any request for a future finding of reasonable diligence shall be filed in March 2021.
Issue Date: 3/22/2015

JAMES BERKLEY BOYD
District Court Judge

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 DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO
109 Eighth Street, Suite 104
Glenwood Springs, CO 81601-3303

 COURT USE ONLY 

CONCERNING THE APPLICATION FOR WATER
RIGHTS OF THE CITY OF ASPEN, IN PITKIN
COUNTY, COLORADO

Case Number: 2005CW300

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Water Division 5

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FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF REFEREE
AND DECREE OF THE WATER COURT

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This matter comes before the Water Court, Water Division No. 5, on the application of the
City of Aspen, Colorado (“Aspen”) for surface water rights and water storage rights. The Water
Judge referred the Application to the Water Referee for Water Division 5, State of Colorado, in
accordance with C.R.S. § 37-92-101, et seq., known as the Water Right Determination and
Administration Act of 1969.

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The Referee has reviewed the pleadings of the parties, and made such investigations as
deemed appropriate to determine whether or not the statements in the application are true, and
hereby makes the following determination and Ruling as the Referee in this matter:

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FINDINGS OF FACT

1.

Applicant. The applicant in this matter is
City of Aspen, Colorado (“Aspen”)
c/o David Hornbacher, Director of Utilities and Environmental Initiatives
130 South Galena Street
Aspen, CO 81611
(970) 920-5110

2.

3.

Application. Aspen filed this application in the Water Court, Water Division No. 5 on
December 30, 2005. On September 1, 2011, Aspen filed an unopposed amended
application and the Court granted the filing by order of the court dated September 8, 2011.
Jurisdiction. The application was published as required by law in the resume published
by Water Division No. 5, and in The Aspen Times, Glenwood Springs Post and Grand
Junction Daily Sentinel. Proof of publication was filed in this Court on March 28, 2006.
The amended application was also published in the resume published by Water Division
No. 5, and in The Aspen Times, Rifle Citizen Telegraph and Grand Junction Daily Sentinel.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 2
Proof of publication of the amended application in the Grand Junction Daily Sentinel was
filed November 22, 2011. Proof of publication of the amended application in The Aspen
Times and the Rifle Citizen Telegraph was filed March 5, 2012. All notices required by
law have been given, and the Court has jurisdiction over this application, as amended, over
the parties hereto, and over those who have chosen not to appear.
4.

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Opposers. Timely statements of opposition to the original application were filed by
William Ziff, the Duroux Ditch Company, Basalt Water Conservancy District, Twin Lakes
Reservoir and Canal Company, Red Mountain Ditch Company, Starwood Metropolitan
District, Westchester Investments, Inc., and, collectively, Buttermilk Metropolitan
District, Thomas and Bonnie McCloskey, Roaring Fork Club L.P., Roll International
Corporation, Inc., Ms. Helen Stone, Mr. Russell Wight, and -/X Ranch. Russell Wight
withdrew his opposition on May 10, 2006. By order dated August 10, 2006, Two Stage
Road LLC was substituted for -/X Ranch LLC, and thereafter, by order dated September
11, 2008, Stage Road Homeowners Association was substituted for Two Stage Road LLC.
Stage Road Homeowners Association withdrew its statement of opposition on March 18,
2009. Buttermilk Metropolitan District withdrew its statement of opposition on March
15, 2011. Helen Stone withdrew her statement of opposition on October 23, 2012. A
statement of opposition to the amended application was filed by Eagle Park Reservoir
Company and that statement of opposition was withdrawn on December 30, 2011. Roll
Global, LLC was substituted for Roll International Corporation, Inc. by Order dated June
10, 2014. No other statements of opposition were filed, and the time for filing statements
of opposition has expired. No motions to intervene have been filed.

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5.

6.

7.

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Stipulations. Aspen has entered into stipulations with the Duroux Ditch Company,
William Ziff, Starwood Metropolitan District, Westchester Investments, LLC, Twin Lakes
Reservoir & Canal Company, Basalt Water Conservancy District, Red Mountain Ditch
Company, Thomas and Bonnie McCloskey, Roaring Fork Club, L.P., and Roll Global,
LLC, which stipulations were all approved by Order of this Court.
Not Within Designated Groundwater Basin. The land and water rights involved in this
case are not located within the boundaries of a designated groundwater basin.
Background and Description. Aspen is a municipal water provider. Among other things,
Aspen provides untreated water for irrigation of golf courses, parks and open space, and for
recreation, aesthetic, piscatorial, wildlife and other purposes within and without the Aspen
city limits. Aspen has committed to develop a reuse water system to enable it to use

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 3
treated municipal wastewater effluent from Aspen Consolidated Sanitation District
(“ACSD”) as a primary or supplemental supply of water for a portion of Aspen’s outdoor
irrigation requirements, as well as a supplemental supply for irrigation and snowmaking by
others, and for augmentation pursuant to the decree entered in Case No. 2006CW54.
Aspen intends to divert such reuse water at the discharge point of the ACSD wastewater
treatment plant (“Aspen Reuse Water Diversion”) located on the Roaring Fork River west
of Aspen, and deliver it by pipeline to the Aspen Reuse Pond. This case decrees the
Aspen Reuse Water Diversion and the Aspen Reuse Pond as component parts of the reuse
project.

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In addition, this case decrees storage rights for a number of small existing flow-through
ponds that are filled from Castle Creek via the Holden-Marolt Ditch system, and that have
not been previously decreed.

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FIRST CLAIM: CONDITIONAL SURFACE WATER RIGHT
8.
9.

10.

11.

Name of Structure: Aspen Reuse Water Diversion

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Legal description. The Aspen Reuse Water Diversion is located at the ACSD point of
discharge on the left bank of the Roaring Fork River within the NE 1/4 of the SE 1/4 of
Section 34, Township 9 South, Range 85 West of the 6th P.M., at a point approximately 205
feet west of the East section line and 2,040 feet north of the south section line, in Pitkin
County, Colorado, as shown on Figure 1 hereto.
Source: The source of water for the Aspen Reuse Water Diversion is treated municipal
effluent from the ACSD wastewater treatment plant, which effluent originates from Castle
Creek, Maroon Creek, and/or the Roaring Fork River, all tributary to the Colorado River.
Appropriation and Amount.
A.

Date of appropriation: April 11, 2005.
(1) How appropriation was initiated: Appropriation was initiated by City Council
endorsement of a feasibility study for a reuse irrigation water system and
direction to City staff to proceed with design of the reuse water system and
development of water rights to implement the system, followed by filing the
application in this case.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 4
B.
12.

Amount: 3.0 cubic feet per second (“cfs”), conditional

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Uses: irrigation, snowmaking, recreation, aesthetic, piscatorial, wildlife propagation, fire
protection and augmentation, and to fill and refill the Aspen Reuse Pond for said purposes.
A.

B.

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Water from the Aspen Reuse Water Diversion will be delivered to the Aspen Reuse
Pond, and from the pond, the water may be used directly for irrigation, or stored in
Aspen Reuse Pond for later use. Water from the Aspen Reuse Water Diversion
may also be delivered directly via taps on the pipeline for irrigation and
snowmaking.

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Irrigation uses.

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(1) Primary Irrigation Supply. The Aspen Reuse Water Diversion water right will
be used as a primary irrigation source to supply irrigation water for
approximately 12.3 acres of landscaping along Highway 82 and Cemetery
Lane, located in Sections 2, 3, 11, and 12, Township 10 South, and Section 34.
Township 9 South, all in Range 85 West of the 6th P.M., as shown on Figure 2.

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(2) Supplemental Irrigation Supply. The Aspen Reuse Water Diversion may also
be used to provide a supplemental irrigation supply to some or all of the
properties described on Table 1 below, and shown on Figure 2.

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 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 5
Table 1
Areas that May be Irrigated by Aspen Reuse Water Diversion as a Supplemental Supply

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Property

Legal description

No.
acres*

Aspen Municipal Golf Course fairways and rough

Located generally in Secs. 1, 2, 11, and 12, Township 10 South, Range
85 West of the 6th P.M. in Pitkin County

131.8

Burlingame Village Open Space

Sec. 2, Township 10 South, Range 85 West of 6th P.M. in Pitkin County

20.9

Maroon Creek Club Golf Course

Located generally in Secs. 2 and 11, Township 10 South, Range 85 West
of 6th P.M. in Pitkin County

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TOTAL SUPPLEMENTAL SUPPLY ACREAGE

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80.1

232.8

* The “number of acres” refers to the number of irrigable acres on the parcels identified. The Maroon Creek Club
Golf Course is not owned by Aspen and may receive supplemental irrigation water by contract with Aspen.

C.

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D.

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Snowmaking. The Aspen Reuse Water Diversion may be used to provide water
by contract for supplemental snowmaking supplies for a portion of the Buttermilk
Ski area including approximately 156 acres located in Sections 2 and 3, Township
10 South, Range 85 West of the 6th P.M. in Pitkin County, Colorado. The
Buttermilk Ski Area includes 435 acres located in Sections 2, 3, 10, 11 and 15,
Township 10 South, Range 85 West of the 6th P.M. in Pitkin County, Colorado.
Augmentation. Water from the Aspen Reuse Water Diversion water right may
also be delivered to the Aspen Reuse Pond to be stored and used for augmentation
pursuant to the plan for augmentation described in Case No. 06CW54 and in
accordance with the terms and conditions of said decree.

Place of use. Water from the Aspen Reuse Water Diversion will be used as a primary
irrigation supply for the lands described in paragraph 12(B)(1) of this decree, and shown on
Figure 2. Water from the Aspen Reuse Water Diversion may be used as a supplemental
irrigation supply for the properties identified in paragraph 12(B)(2) of this decree and
shown on Figure 2. Water from the Aspen Reuse Diversion may also be used for
snowmaking at Buttermilk Ski Area. Water diverted into the Aspen Reuse Pond from the
Aspen Reuse Water Diversion will also be used for augmentation pursuant to the plan for
augmentation decreed in Case No. 06CW54 at locations described therein.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 6
14.

Remarks:
A.

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The original application identified Hunter Creek as an additional stream from
which Aspen’s municipal wastewater could originate, because Aspen has water
rights and treatment facilities on Hunter Creek. However, Aspen is not presently
using treated water originating from Hunter Creek, and therefore none of its
wastewater originates from Hunter Creek. The Aspen Reuse Water Diversion
does not include wastewater effluent originating from Hunter Creek.

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(1) Aspen may not divert wastewater effluent originating from water diverted from
Hunter Creek in the absence of further decree from this Court or an approved
substitute water supply plan.
B.

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Curtailment. Diversions from the Aspen Reuse Water Diversion will be curtailed
when a downstream senior water right has placed a call and augmentation cannot be
provided. Therefore, during a downstream senior call, Aspen will not divert water
from the Aspen Reuse Water Diversion for irrigation or snowmaking, or deliver
such water to the Aspen Reuse Pond, if augmentation of the diversions is not
provided in accordance with the decree in Case No. 06CW54 or other lawful means
of augmentation.

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SECOND CLAIM: CONDITIONAL WATER STORAGE RIGHT

15.
16.

Name of Pond. Aspen Reuse Pond
Legal description. The Aspen Reuse Pond is an off-channel excavated pond located on
the Aspen Municipal Golf Course. The pond is located within the NW1/4 of the SW1/4 of
Section 12, Township 10 South, Range 85 West of the 6th P.M. The center of the pond is
approximately 865 feet east of the West section line and 2,610 feet north of the South
section line. The Aspen Reuse Pond may be relocated without a change of water right so
long as it remains within Sections 2, 11 and 12, Township 10 South, Range 85 West of the
6th P.M. and within the area outlined on Figure 3. The current location of the Aspen Reuse
Pond is shown on Figure 3 (designated as “E”).

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 7
A.

Points of Diversion to Storage.
(1) Aspen Reuse Water Diversion. Water will be diverted at the Aspen Reuse
Water Diversion described in paragraphs 8-14 above and carried by pipeline to
the Aspen Reuse Pond for storage pursuant to the storage right for the Aspen
Reuse Pond decreed herein. The pipeline capacity is approximately 3.0 cfs.

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(2) Marolt and Holden Ditch Headgates. Water will also be diverted from Castle
Creek at the headgates of the Holden and Marolt Ditches, and carried by said
ditches to the Aspen Reuse Pond for storage pursuant to the storage right for the
Aspen Reuse Pond decreed herein.

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a. The headgate of the Holden Ditch is located at a point on the westerly
bank of Castle Creek whence the northwest corner of Section 13,
Township 10 South, Range 85 West of the 6th P.M. bears North 3952'
West a distance of 1923.4 feet.

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b. The headgate of the Marolt Ditch is located on the west bank of Castle
Creek at point whence the West quarter corner of Section 12,
Township 10 South, Range 85 West of the 6th P.M. bears North 2636'
West 3542 feet. See Figure 4.

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c. The capacity of these ditches and headgates is sufficient to permit
diversion and carriage of water to storage pursuant to the Aspen Reuse
Pond storage right herein decreed. Aspen will account separately for
diversions into these ditches pursuant to the Aspen Reuse Pond storage
right and for the diversions into these ditches under other decreed water
rights.

(3) Rate of Diversion to Storage. The rate of diversion to storage in the Aspen
Reuse Pond pursuant to the storage right herein decreed will not exceed 3.0 cfs
from all points of diversion being Aspen Reuse Water Diversion, the Holden
Ditch and the Marolt Ditch, regardless of which point of diversion or
combination of points of diversion is used.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 8
17.

18.

Source.
A.

Aspen Reuse Water Diversion: Water from the Aspen Reuse Water Diversion is
treated wastewater from the ACSD wastewater treatment plant which may
originate from Castle Creek, Maroon Creek, or the Roaring Fork River, or any
combination of said creeks and river, which are all tributary to the Colorado River.

B.

Holden and Marolt Ditches: Castle Creek, which is tributary to the Roaring Fork
River, tributary to the Colorado River.

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Appropriation and Amount:
A.

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Date of appropriation: April 11, 2005.

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(1) How appropriation was initiated: Appropriation of the Aspen Reuse Pond water
right was initiated by the Aspen City Council endorsement of a feasibility study
for a reuse irrigation water system and direction to City staff to proceed with the
reuse water system and development of water rights to implement the system,
followed by filing the application in this case.

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B.

19.

Amount.
priority.

19.32 acre-feet, conditional, with the right to fill and refill when in

Uses and Places of Use. Water stored in the Aspen Reuse Pond will be used directly, or
stored for later release, for irrigation, snowmaking, recreation, aesthetic, piscatorial,
wildlife propagation, fire protection and for augmentation pursuant to the decree entered in
Case No. 06CW54.
A.

Irrigation: The Aspen Reuse Pond water right may be used to irrigate anywhere
within the lands described in paragraph 12(B) of this decree.

B.

Snowmaking: Water stored in the Aspen Reuse Pond may be also used for
snowmaking at Buttermilk Ski area, as described in paragraph 12(C) of this decree.

C.

Augmentation: Water stored in the pond may also be used for augmentation
pursuant to the plan for augmentation described in Case No. 06CW54.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 9
20.

Reservoir Characteristics:
A.

Surface area. Approximately 1.93 acres.

B.

Total capacity. Current capacity is 15.07 acre-feet, all active storage. The
Amended Application for the Aspen Reuse Pond claimed a total capacity of 19.32
acre-feet, and so long as the capacity of the Aspen Reuse Pond does not exceed
19.32 acre-feet, it may be reconfigured or relocated without a change of water right
so long as it remains within Sections 2, 11 and 12, Township 10 South, Range 85
West of the 6th P.M. and within the area outlined on Figure 3.

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C.

21.

Lining. The Aspen Reuse Pond has been lined in accordance with the policy of the
State Engineer, and does not intercept groundwater.

Remarks:
A.

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City of Aspen Golf Course Pond No. 1. The Aspen Reuse Pond is located at the
location of the City of Aspen Golf Course Pond No. 1, decreed in Case No. W-3299
for 6.38 acre-feet. Aspen will account separately for storage in and releases from
the Aspen Reuse Pond pursuant to the City of Aspen Golf Course Pond No. 1 water
right and the Aspen Reuse Pond storage right, respectively.

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B.

Aspen will account separately for diversions to storage in the Aspen Reuse Pond
from Castle Creek and from the Aspen Reuse Water Diversion. During a call,
Aspen may only fill the Aspen Reuse Pond pursuant to the storage right decreed
herein, or any other source legally available for storage in the Pond including but
not limited to any source available pursuant to a decreed plan for augmentation or
substitute water supply plan.

C.

Evaporation. The Aspen Reuse Pond will be filled and refilled when in priority.
Because it is an off-channel storage pond that does not intercept groundwater,
Aspen does not expect out of priority evaporation to occur.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 10
THIRD CLAIM: ABSOLUTE AND CONDITIONAL WATER STORAGE RIGHTS FOR
PONDS
22.

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Names, Locations and Descriptions of Ponds.

The names, locations, descriptions, capacities and surface areas of the ponds for which storage
rights are decreed are shown on Tables 2 and 3 below and the locations are shown on Figure 3
attached. The ponds identified in Tables 2 and 3 do not intercept groundwater. The application
in this case initially sought storage rights for three ponds that have been shown to intercept
groundwater. Aspen has denominated these ponds as “Maroon Creek Wetlands Ponds, Phase 1,
Ponds A, B and C.” They are shown on Figure 3 as Ponds S, T, and U. Aspen has withdrawn its
claim for storage rights for these ponds, and no storage rights are decreed for “Maroon Creek
Wetlands Ponds, Phase 1, Ponds A, B and C.”

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 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 11
Table 2

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Name

Amount claimed
(a.f.) to be filled
and refilled in
priority, Absolute

Surface
area
(acres)

Legal Description
all ponds located in T. 10 S., R. 85 W. of the
6th P.M. in Pitkin County, Colorado

D

Marolt/Thomas Open
Space Pond 1

1.93

0.60

Within the NW1/4 of the SW1/4 of Sec. 12.
The center of the pond is approximately 275'
east of the west section line and 1,860' north
of the south section line.

A

Marolt/Thomas Open
Space Pond 2

0.17

0.14

Within the SW1/4 of the SW1/4 of Sec. 12.
The center of the pond is approximately
1,155' east of the west section line and 325'
north of the south section line.

C

Marolt/Thomas Open
Space Pond 3

0.13

B

Marolt/Thomas Open
Space Pond 4

0.80

F

Bugsy Barnard Park
Pond 1

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Within the SW1/4 of the SW1/4 of Sec. 12.
The center of the pond is approximately
1,070' east of the west section line and 1,310'
north of the south section line.

0.5

Within the SW1/4 of the SW1/4 of Sec. 12.
The center of the pond is approximately
1,140' east of the west section line and 1,015'
north of the south section line.

0.03

0.03

Within the NE1/4 of the SW1/4 of Sec. 12.
The center of the pond is approximately
1,475' east of the west section line and 2,510'
north of the south section line.

Bugsy Barnard Park
Pond 2

0.01

0.02

Within the NE1/4 of the SW1/4 of Sec. 12.
The center of the pond is approximately
1,490' east of the west section line and 2,459'
north of the south section line.

TOTAL

3.07

1.38

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 12
Table 3
Name

Amount claimed
(a.f.) Absolute

K

Pond 15

0.83

L

Pond 5

0.88

M

Pond 18a

0.57

N

Pond 18b

0.32

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Pond 18c

0.36

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Pond 17

1.16

V Maroon Creek Wetlands
Pond 4 (Outfall Pond)

0.74

W Maroon Creek Wetlands
Pond 3

0.43

X Maroon Creek Wetlands
Pond 2

0.05

Y Maroon Creek Wetlands
Pond 1 (Inlet
Pond/Diversion Pond)
TOTAL

0.14

23.

5.48

Surface Area
Legal Description
(acres)
all ponds located in T. 10 S. R. 85 W. of the 6th
P.M. in Pitkin County, Colorado
0.32
SW1/4 NW1/4 of Section 12. Pond center:
appx 980 feet east of the west section line and
1,365 feet south of the north section line
0.27
NE1/4 NE1/4 of Section 11. Pond center:
appx. 65 feet west of the east section line and
1,010 feet south of the north section line.
0.22
NW1/4 NE1/4 of Section 11. Pond center:
appx. 1,420 feet west of the east section line
and 1,010 feet south of the north section line
0.13
NE1/4 NE1/4 of Section 11. Pond center:
appx. 1,285 feet west of the east section line
and 640 feet south of the north section line
0.10
NE1/4 NE1/4 of Section 11. Pond center:
appx. 1,165 feet west of the east section line
and 465 feet south of the north section line
0.27
NE1/4 NE1/4 of Section 11. Pond center:
appx. 720 feet west of the east section line and
415 feet south of the north section line
0.25
NW1/4 NE1/4 of Section 11. Pond center:
appx. 2,220 feet west of the east section line
and 440 feet south of the north section line
0.17
NW1/4 NE1/4 of Section 11. Pond center:
appx. 2,185 feet west of the east section line
and 555 feet south of the north section line
0.06
NW1/4 NE1/4 of Section 11. Pond center:
appx. 2,240 feet west of the east section line
and 600 feet south of the north section line
0.08
NW1/4 NE1/4 of Section 11. Pond center:
appx. 2,290 feet west of the east section line
and 790 feet south of the north section line
1.87

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Total capacity and surface area of ponds. The total capacity of all of the ponds described
in Tables 2 and 3 is 8.55 acre-feet. The total surface area of all of the ponds described in
Tables 2 and 3 is 3.25 acres. The Amended Application for the pond storage rights
described in Tables 2 and 3 claimed a total capacity of 13.11 acre-feet and so long as the
ponds do not collectively exceed this capacity, they may be reconfigured or relocated

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 13
without a change of water right so long as they remain within Sections 2, 11 and 12,
Township 10 South, Range 85 West of the 6th P.M. and within the area outlined on Figure
3. A total of 8.55 acre-feet is decreed herein absolute and an additional 4.56 acre-feet is
conditional.

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24.

Source. Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado
River. The ponds are filled via the Holden-Marolt Ditch system.

25.

Appropriation:
A.

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Date of appropriation and date water applied to beneficial use: December 30,
2005

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(1) Aspen constructed the ponds described on Tables 2 and 3 and placed the water
to beneficial use prior to the date of filing this application. The Court hereby
decrees an appropriation date for all the ponds described on Tables 2 and 3
based on the date the application was filed.

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(2) How appropriation was initiated. Appropriation of the water rights for the
ponds was initiated by construction of the ponds prior to the date on which the
original application was filed in this case, and beneficial use of the stored water
as described in paragraph 26.

26.

27.

Uses. The ponds are decreed for municipal uses, including recreation, aesthetic,
piscatorial, wildlife propagation, and fire protection. In addition, Ponds V, W, X and Y,
described on Table 3 as “Maroon Creek Wetlands Ponds” are decreed for wetland
maintenance.
Remarks:
A.

During a call, Aspen may only fill the above-referenced ponds when the rights
decreed herein are in priority, or when the ponds may be filled from another other
source legally available for storage in the ponds including but not limited to any
source available pursuant to a decreed plan for augmentation or substitute water
supply plan.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 14
B.

Out of Priority Pond Evaporation. The ponds described in Tables 2 and 3 are
flow-through ponds, and will be filled and refilled when in priority. Water will not
be withdrawn from these ponds for irrigation. When the storage rights decreed
herein for the ponds are not in priority, diversions under the decreed storage rights
may continue so long as out of priority evaporation is augmented as provided in the
plan for augmentation decreed in Case No. 2006CW54. Diversions to storage
under the decreed storage rights for the ponds will be curtailed if the rights are not
in priority and augmentation cannot be provided.

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CONCLUSIONS OF LAW
28.

The Court has jurisdiction over the subject matter of this proceeding and over all who may
be affected hereby, whether they have appeared or not. C.R.S. §§ 37-92-203 and
37-92-302.

29.

Timely and adequate notice of the pendency of this proceeding was given in the manner
required by law. C.R.S. § 37-2-302(3).

30.

31.

32.

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The application is complete and covers all applicable matters required by C.R.S. §
37-92-302. The Court concludes that the relief herein granted is consistent with the relief
originally requested in the application and for which public notice was provided.
With respect to the conditional water rights herein decreed for the Aspen Reuse Water
Diversion, the Aspen Reuse Pond, and the ponds identified in Tables 2 and 3, the Court
concludes that water is available for appropriation of said conditional water rights, and that
Aspen has demonstrated the requisite first step to appropriate water through intent and
overt acts sufficient to put third parties on notice, and that the conditional water rights
herein decreed can and will be diverted, stored, or otherwise captured, possessed and
controlled, and beneficially used. In addition, the Court concludes that the reuse water
project can and will be completed with diligence and within a reasonable time.
With respect to the absolute water rights confirmed by this decree for portions of the ponds
described in Tables 2 and 3, the Court concludes that the water rights were appropriated
and placed to beneficial use and are entitled to decrees confirming the amounts and uses
herein decreed, with appropriation dates of December 30, 2005.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 15
RULING OF THE REFEREE
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED,

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33.

The Findings of Fact and Conclusions of Law set forth above are incorporated herein by
this reference.

34.

The City of Aspen is granted a conditional water right for the Aspen Reuse Water
Diversion in the amount of 3.0 cfs for irrigation, snowmaking, recreation, aesthetic,
piscatorial, wildlife propagation, fire protection and augmentation, with an appropriation
date of December 30, 2005.

35.

The City of Aspen is granted a conditional water right for the Aspen Reuse Pond in the
amount of 19.32 acre-feet, with the right to fill and refill in priority at the rate of 3.0 cfs for
irrigation, snowmaking, recreation, aesthetic, piscatorial, wildlife propagation, fire
protection and augmentation, with an appropriation date of December 30, 2005.

36.

37.

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The City of Aspen is decreed absolute storage rights for the ponds listed in Tables 2 and 3
of this decree, in the amounts set forth in the respective Tables. The current total capacity
of all of the ponds described in Tables 2 and 3 and decreed herein is 8.55 acre-feet. The
City of Aspen is decreed conditional storage rights for the ponds in the amount of an
additional 4.56 acre-feet. The total capacity of the ponds described in Tables 2 and 3 shall
not exceed 13.11 acre-feet. The total surface area of all ponds described in Tables 2 and 3
is 3.25 acres. The ponds are decreed for municipal uses, including recreation, aesthetic,
piscatorial, wildlife propagation, and fire protection. In addition, Ponds V, W, X and Y,
described on Table 3 as “Maroon Creek Wetlands Ponds” are also decreed for wetland
maintenance.

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Lands that may be irrigated with the Aspen Reuse Water Diversion and the Aspen Reuse
Pond water rights herein decreed and confirmed as a primary supply are described in
paragraph 12(B)(1) above and shown on Figure 2. Lands that may be irrigated with the
Aspen Reuse Water Diversion and the Aspen Reuse Pond water rights herein decreed and
confirmed as a supplemental irrigation supply are described in paragraph 12(B)(2) and set
forth in Table 1 of this decree. The lands that may be irrigated with the Aspen Reuse
Water Diversion and Aspen Reuse Pond as a supplemental supply may also be irrigated
with other water rights in addition to those herein decreed and confirmed, including but not
limited to the Holden and Marolt Ditches on the Aspen Municipal Golf Course, and the

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 16
Willow Creek Ditch and the Herrick Ditch on the Burlingame Village Open Space and the
Maroon Creek Club Golf Course, but this use of supplemental irrigation supplies is not
intended to provide for unlawful expansion of use of primary irrigation supplies. Water is
not withdrawn for irrigation from the ponds described on Tables 2 and 3.

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38.

The Aspen Reuse Pond has been lined in accordance with the State Engineer’s guidelines
for lining ponds. Ponds listed on Table 2 and Table 3 do not intercept groundwater and
need not be lined.

39.

The City of Aspen shall augment out of priority pond evaporation and out of priority
diversions by the Aspen Reuse Water Diversion in accordance with the plan for
augmentation decreed in Case No. 2006CW54. To the extent out of priority diversions by
the Aspen Reuse Water Diversion and out of priority diversions to storage cannot be
augmented, the Aspen Reuse Water Diversion will be curtailed, and no diversions to
storage under the water rights herein decreed will be made.

40.

41.

42.

43.

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If not already in place, adequate measuring devices, acceptable to the Division Engineer,
shall be installed and properly maintained as required for the administration of the water
rights herein decreed.

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The Aspen Reuse Water Diversion, Aspen Reuse Pond, and the ponds identified in Tables
2 and 3 are component parts of an integrated untreated water supply system for the City of
Aspen.
Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
sale or transfer of the conditional water rights confirmed herein, the transferee shall file
with the Water Court a notice of transfer stating the title and case number of this matter; a
description of the conditional water rights transferred; the name of the transferor; the name
and mailing address of the transferee; and a copy of the recorded deed or other instrument
of conveyance. The owner of said conditional water rights shall also notify the Clerk of
the Division 5 Water Court of any change in mailing address. The Clerk shall place any
notice of transfer or change of address in the case file of this Case No. 2005CW300 and in
the case file in which the Court first made a finding of reasonable diligence.
This judgment and decree shall be filed with the Water Clerk and shall become effective
upon such filing, subject to judicial review.

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 17
44.

A copy of this judgment and decree shall be filed with the Division Engineer, Water
Division No. 5, and with the State Engineer.

45.

Upon request by the Division Engineer, the City of Aspen shall provide the Division
Engineer with copies of all records, accounting and other information requested by the
Division Engineer in order to permit reasonable administration of this plan. Aspen shall
keep monthly records of accounting, which will be made available to the Division
Engineer or any opposer upon reasonable request.

46.

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An application for finding of reasonable diligence shall be filed with regard to the Aspen
Reuse Water Diversion, the Aspen Reuse Pond, and the remaining conditional portions of
the ponds described in Tables 2 and 3, in the same month six years from the date of the
water judge’s order, and in every sixth calendar year thereafter so long as the applicant
desires to maintain these conditional water rights or until a determination has been made
that these conditional water rights have become absolute water rights by reason of
completion of the appropriations.

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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 water rights in
accordance with law, the water rights confirmed herein shall be administered as having
been filed in 2005, and as between all water rights filed in 2005, the appropriation dates
will determine the relative seniority.

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Dated this 23rd day of February, 2015.
BY THE WATER REFEREE
Water Division No. 5

___________________________________
Holly Strablizky

 Case No. 2005CW300, Water Division 5
Findings of Fact, Conclusions of Law,
Ruling of Referee and Decree of the Water Court
Page 18
DECREE OF THE WATER COURT
THE COURT finds that no protest was filed in this matter. The foregoing Ruling is
confirmed and approved and is hereby made the Judgment and Decree of this Court.
Done this _______ day of ___________, 2015.
BY THE COURT

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James B. Boyd, Water Judge

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34
Aspen Reuse Water Diversion

Aspen Reuse Water Diversion
Located at the Aspen Consolidated Sanitation District
point of discharge on the left bank of the Roaring Fork River
within the NE1/4 SE1/4 of Section 34, Township 9 South,
Range 85 West, of the 6th P.M., at a point approximately
205 feet west of the east section line and 2,040 feet north
of the South section line, in Pitkin County, Colorado. Origin of
section lines from CO-DWR Division 5 PLSS shapefile.

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T.
T. 9
9 S.,
S., R.
R. 85
85 W.,
W., 6th
6th P.M.
P.M.

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Ri ve

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T.
T. 10
10 S.,
S., R.
R. 85
85 W.,
W., 6th
6th P.M.
P.M.

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1000 ft

Figure 1
Vicinity Map of Aspen Reuse Water Diversion
Pitkin County, Colorado

Date: February 27, 2012
Map By: M.P.
File Name: aspentopo.map

ek
on C re

02

03

 34

35

36
Figure 2
Potential Areas Irrigated by
Aspen Reuse Water Diversion
Pitkin County, Colorado
Township 10 South, Range 85 West of the 6th P.M.
0

Date: February 27, 2012
Map By: M.P.

Burlingame Village Open Space = 20.9 Acres

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1500 ft

N

File Name:
irrigation12.map

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Maroon Creek Club = 80.1 Irrigated Acres

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Aspen Golf Course Fairways = 104.4 Irrigated Acres
Aspen Golf Course Rough = 27.4 Acres

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12

11

10

Landscape Areas along Highway 82 = 12.3 Acres
Note: Origin of section lines from
Pitkin County PLSS shapefile.

  

 

 

CI

Map Legend

City of Aspen
Geographic Area of Ponds

Note: All ponds are

Township 10 South, Range 85 West,
of the 6th P.M. Origin of section lines
from Pitkin County PLSS shape?le.

 

located within

 

    
     
   
   
   

 

 

 

 

1000 ft

 

 

 

Figure 3
Vicinity Map of Ponds
Pitkin County, Colorado

Date: November 8, 2012

 

 

Map By: M.P.
File Name: aspenpond52012.map

 

. 

Grand?iver?

Consulting Corporation

 

 

 

 

 

 

 

 

 

 

 

Wit to 

 

 

 

 

 

 

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:3

 

 

 

 

M.

itch headgates are located
Range 85 West, of the 6th 

I

ines from 

The Holden and Marolt 



Township 19 South

Note

WI

itkin County PLSS shape?le.

in of section ma4CC

mum
.m