DISTRICT COURT, WATER DIVISION NO. 6, COLORADO Court Address: 1955 Shield Drive DATE FILED: December 29, 2014 1:47 PM 13.0, Box 773117 FILING lD: 4812483799CBC Steamboat Springs CO 80477 CASE NUMBER: 2014CW3043 (970) 879- 5020 CONCERNING THE APPLICATION FOR WATER RIGHTS OF COURT USE ONLY The RIO BLANCO WATER CONSERVANCY DISTRICT, a Colorado Water Conservancy District In the White River or its Tributaries In RIO BLANCO COUNTY, COLORADO Attorney for Applicant: Edward B. Olszewski, Atty. Reg. #24723 Olszewski, Massih Maurer, P.C. PO. Box 916 1204 Grand Avenue Case Number: 14CW Glenwood Springs, CO 81602 Phone Number: (970) 928-9100 Division: Courtroom: Fax Number: (970) 928-9600 E-mail: APPLICATION FOR SURFACE WATER RIGHT AND STORAGE WATER RIGHT 1. Name, mailing address, email address and home telephone number of Applicant: Rio Blanco Water Conservancy District c/o Dan Eddy, Manager 2252 East Main Street Rangely, Colorado 81648 E?mail: (970) 675?5055 Please direct all correspondence, motions and pleadings to the attorneys for the Applicant. BACKGROUND The Rio Blanco Water Conservancy District is a Colorado Water Conservancy District, duly organized pursuant to C.R.S. 37-45-101 et seq., and encompasses the Application for Surface Water Flight and Storage Water Rights Concerning the Application ior Water Rights of File Blanco Water Conservancy District Page 1 lower White River basin in western Rio Blanco County, in northwestern Colorado. The constructed, owns and operates the Taylor Draw Hydroelectric Project, a run-of-the- river project that provides 2MW of hydropower and ?at water recreation on Kenney Reservoir. The is facing a serious water crisis because Kenney Reservoir, which originally provided 13,800 acre-feet of storage, is silting in at an average rate of more than 300 acre-feet per year. The loss of this storage reduces recreation use at the reservoir and the ability to provide long-term municipal and industrial water storage for the Town of Rangely and other water users. In March of 2013, the began soliciting proposals from engineering ?rms to prepare a feasibility study for alternative reservoir sites. On July 1, 2013, the retained W.W. Wheeler Associates, Inc. to prepare the feasibility study. W.W. Wheeler Associates identi?ed 25 potential reservoir storage alternatives, evaluated and projected the need for future water storage in western Rio Blanco County, Colorado. After more than 40 meetings and several public workshops, the determined that the Wolf Creek Reservoir (On and Off-Channel alternatives) was the preferred alternative. On October 29, 2014, the passed a Resolution directing that the within application for water rights be ?led. The seeks to con?rm three conditional water rights associated with the Wolf Creek Reservoir. The ?rst right is the Wolf Creek Reservoir Pump and Pipeline, which will be used to ?ll the Wolf Creek Off-Channel Reservoir. The second right is the Wolf Creek Off-Channel Dam and Reservoir. The third right is for an alternative Wolf Creek Mainstem Dam and Reservoir that would be constructed on the mainstem of the White River. CLAIM FOR SURFACE WATER RIGHT 2. Name of structure: Wolf Creek Reservoir Pump and Pipeline 3. Legal description: The diversion point from the White River for the Wolf Creek Off-Channel reservoir is located in the of the SEA of Section 27, Township 3 N., Range 99 W. 6?11 P.M., 480 feet west of the east section line of Section 27 and 2,620 feet north of the south section line of Section 27, in Rio Blanco County, Colorado. A map showing the location of the Wolf Creek Reservoir Pump and Pipeline is attached as Figure 1. 4. Source: White River. 5. A. Date of appropriation: March 31, 2013. B. How appropriation was initiated: formation of requisite intent to appropriate water coupled with actions manifesting such intent, including but not limited to public discussions and meetings, numerous engineering, planning and feasibility studies, site visits, ?eld surveying and formal District action to adjudicate water rights. Applicant has made expenditures in excess of $378,440 for feasibility studies related to this Application. Application for Surface Water Flight and Storage Water Flights Concerning the Application for Water Flights of File Blanco Water Conservancy District Page 2 C. Date water applied to bene?cial use: 6. Amount claimed: 400 cfs, conditional Use or Proposed Use: Water will be diverted, pumped and piped to ?ll Wolf Creek Reservoir, as claimed below, for municipal, industrial, commercial, irrigation, domestic, recreation, piscatorial, augmentation, wildlife habitat, maintenance and recovery of federally listed threatened and endangered species, hydroelectric power generation and all other bene?cial uses. CLAIM FOR SURFACE WATER RIGHTS 8. Name of structure: Wolf Creek Off-Channel Dam and Reservoir 9. Legal description: The left abutment (looking of the Wolf Creek Off-Channel Dam is located in the of the of Section 23, Township 3N., Range 99 W. of the 6?'1 P.M., at a point 1,007 feet east of the west section line of Section 23 and 1,450 feet north of the south section line of Section 23, in Rio Blanco County, Colorado. Maps showing the location of the Wolf Creek Off-Channel Reservoir are attached as Figures 1 and 2. 10. Sources: A. White River, diverting at the Wolf Creek Reservoir Pump and Pipeline as described above. B. Natural in?ow from Divide Creek, Wolf Creek, Middle Fork Wolf Creek, East Fork Wolf Creek, and Coal Creek, all tributary to the White River. 11. A. Date of appropriation: March 31, 2013. B. How appropriation was initiated: formation of requisite intent to appropriate water coupled with actions manifesting such intent, including but not limited to public discussions and meetings, numerous engineering, planning and feasibility studies, site visits, ?eld surveying and formal District action to adjudicate water rights. Applicant has made expenditures in excess of $378,440 for feasibility studies related to this Application. C. Date water applied to bene?cial use: 12. Amount claimed: 90,000 acre feet, conditional. 13. Use or Proposed Use: municipal, industrial, irrigation, commercial, domestic, recreation, piscatorial, augmentation, wildlife habitat, maintenance and recovery of federally listed Application for Suriece Water Flight and Storage Water Flights Concerning the Application for Water Flights of Flio Blenco Water Conservancy District Page 3 threatened and endangered species, hydroelectric power generation and all other bene?cial uses. A. If irrigation, complete the following: Number of acres historically irrigated: Legal description of acreage: All lands capable of irrigation from the Wolf Creek Reservoir, yet to be determined. B. If non-irrigation, describe purpose fully: municipal, industrial, commercial, irrigation, domestic, recreation, piscatorial, augmentation, wildlife habitat, maintenance and recovery of federally listed threatened and endangered species, hydroelectric power generation and all other bene?cial uses. 14. Surface area of high water line: 3106 acres A. Vertical height of dam in feet: 122 feet. B. Length of dam in feet: 3300 feet. 15. Total capacity of reservoir in acre feet: 90,000 Active capacity: 90,000 acre feet Dead storage: 0 16. Remarks: This water right is an alternative to the Wolf Creek Mainstem Dam and Reservoir. Applicant does not intend to construct both reservoirs. CLAIM FOR CONDITIONAL WATER STORAGE RIGHT 17. Name of Reservoir: Wolf Creek Mainstem Dam and Reservoir 18. Legal description of location of dam centerline: The left abutment (looking of the Wolf Creek Mainstem Dam is located in the of the of Section 34, Township 3N., Range 99 W. of the 6?1 P.M., at a point 390 feet east of the west section line of Section 34 and 3,730 feet north of the south section line of Section 34, in Rio Blanco County, Colorado. Maps showing the location of the Wolf Creek Off-Channel Reservoir are attached as Figures 3 and 4. 19. Source: White River. 20. A. Date of appropriation: March 31, 2013 B. How appropriation was initiated: formation of requisite intent to appropriate water coupled with actions manifesting such intent, including but not limited to public Application for Surface Water Flight and Storage Water Rights Concerning the Application for Water Flights of Rio Blanco Water Conservancy District Page 4 discussions and meetings, numerous engineering, planning and feasibility studies, site visits, ?eld surveying and formal District action to adjudicate water rights. Applicant has made expenditures in excess of $378,440 for feasibility studies related to this Application. C. Date water applied to bene?cial use: 21. Amount claimed: 90,000 acre feet, conditional 22. Use or Proposed Use: municipal, industrial, commercial, irrigation, domestic, recreation, piscatorial, augmentation, wildlife habitat, maintenance and recovery of federally listed threatened and endangered species, hydroelectric power generation and all other bene?cial uses. A. If irrigation, complete the following: Number of acres historically irrigated Legal description of acreage: All lands capable of irrigation from the Wolf Creek Reservoir, yet to be determined. B. If non-irrigation, describe purpose fully: municipal, commercial, industrial, irrigation, domestic, recreation, piscatorial, augmentation, wildlife habitat, maintenance and recovery of federally listed threatened and endangered species, hydroelectric power generation and all other bene?cial uses 23. Surface area of high water line: 4801 acres A. Vertical height of dam in feet: 126 feet. B. Length of dam in feet: 2500 feet. 24. Total capacity of reservoir in acre feet: 90,000 acre feet Active capacity: 90,000 acre feet Dead storage: 15,750 acre-feet 25. Remarks: This water right is an alternative to the Wolf Creek Off-Channel Dam and Reservoir. Applicant does not intend to construct both reservoirs. 26. Names and addresses of owners of the land upon which the structures are located: Bureau of Land Management 220 Market Street Meeker, CO 81641 Rio Blanco County Parcel No. 113536100002 Application for Surface Water Right and Storage Water Rights Concerning the Application tor Water Flights of Rio Blanco Water Conservancy District Page 5 Carroll Davidson Partnership, Ltd. P.0. Box 561498 Rockledge, FL 32956-1498 Rio Blanco County Parcel Nos. 137502300003 and 137503400013 Shirley M. Goosman 625 27 Road No. 209 Grand Junction, CO 81506 Rio Blanco County Parcel No. 114735400003 The Martz Family Trust c/o Bruce E. and Minerva E. Martz, Trustees 14972 South Austin Road Manteca, CA 95336 Rio Blanco County Parcel Nos. 114527100002 and 114527100002 John W. Savage, Jr. Joan L. Savage PO. Box 1926 Ri?e, CO 81650 Rio Blanco County Parcel No. 137502400302 John W. Davenport Renate V.T. Davenport 1275 M. Road Loma, CO 81524 Rio Blanco County Parcel No. 137502400302 Frank M. Thompson Oscar Lyman Thompson 13558 Road NW Seattle, WA 98177 Rio Blanco County Parcel Nos. 114526200010, 114525400006, and 114526200010 Oscar S. Wyatt, Jr. c/o Myska and Vandervoort, LLC 200 South 10?11 Street Richmond, TX 77469 Rio Blanco County Parcel Nos. 114730300001, 114525400013, 114526300001, 1 14735300002, and 137505100001 Georgette E. Dalton Attn: Troy W. Dalton 500 Miller Hill Drive Georgetown, TX 78626 Moffat Count Parcel No. 1 14514300001 Application for Suriace Water Flight and Storage Water Flights Concerning the Application for Water Rights of File Blanca Water Conservancy District Page 6 Pursuant to C.R.S. within ten (10) days of ?ling this Application, Applicant shall give notice by registered or certi?ed mail, return receipt requested, to each of the foregoing landowners. Wherefore, Applicant requests the Court approve the Application for Surface Water Right and Storage Water Rights upon such terms and conditions as are just and proper. Dated this 29?h day of December, 2014. Application for Surface Water Flight and Storage Water Rights 1204 Grand Avenue P.0. Box 916 Glenwood Springs, CO 81602 Atromeys for Plaintiff E-FILED PURSUANT TO C.R.C.P. 121. Duly signed original on?le at the law offices of Oiszewski, Massih Maurer, P. C. Concerning the Application tor Water Flights of Filo Blanca Water Conservancy District Page 7 VERIFICATION STATE OF COLORADO ss. COUNTY OF GARFIELD I. Dan Eddy, District Manager, state under oath that I have read this Application for Surface Water Right and Storage Water Rights and verify its contents to the best of my knowledge and belief. Subscribed and sworn to before me this 29'h day of December, 2014, by Dan Eddy. District Manager. WITNESS my hand and of?cial seal. My Commission expires: 333?? a Dam . NOTARY PUBLIC 1 . STATE OF COLORADO I otary Public NOTARY ID #20034037435 1! My Cmssion Expires October 25. 2015 Application for Surface Water Hid?ll and Storage Water Flight: Concerning ihe Application for Water Rights of File Blanca Water Conservancy District Page 8