DATE FILED: December 31, 2017 11:12 AM

DISTRICT COURT, WATER DIVISION NO. 5,FILING ID: 4E61CFAF9900F
STATE OF COLORADO
CASE NUMBER: 2017CW3258
109 8th Street, Suite 104
Glenwood Springs, CO 81601
(970) 928-3065
Concerning the Application for Wate r Rights of:
THE SNOWM ASS WATER AND SANITATION
DISTRICT, a Colorado s pecial district,

▲ C O URT US E O NLY ▲

in PITKIN AND EAGLE COUNTIES, Colorado
Attorneys for Applicant:
Mark E. Hamilton, Esq., No. 24585
Tarn Udall, Esq., No. 49638
H O LLA N D & H ART LLP
600 E. Main St., Suite 104
Aspen, CO 81611
P hone: 970-925-3476
Fax: 866-784-7682
mehamilton@hollandhart.com
ctudall@hollandhart.com

Case Number:
17CW
Div.:

Ctrm.:

APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT,
APPROVAL OF PLAN FOR AUGM ENTATION , AND CONDITIONAL
APPROPRIATIVE RIGHTS OF EXCHANGE
1.

Name, address and telephone number of Applicant:
Snowmass Water and Sanitation District ( “SWSD”)
c/o Kit Hamby, Manager
P .O. Box 5700
Snowmass Village, CO 81615
(970) 923-2056
with copies to :
Mark E. Hamilton, Esq.
Tarn Udall, Esq.
Holland & Hart LLP
600 E. Main St., Suite 104
Aspen, CO 81611
(970) 925-3476

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 2 of 12
FIRST CLAIM FOR RELIEF:
CONDITIONAL SURFACE WATER RIGHT
2.

Name of Structure : SWSD Roaring Fork Intake P ipeline.
A.

Location: NW 1/4 of NE 1/4 of Sec. 21, T. 9 S., R. 85 W. 6th P .M., at a
point approx. 1789 ft. W. of the E. Sec. line, and 371 ft. S. of the N. Sec.
line*; UTM: NAD 83, Zone 13N, 4347491m N, 337408m E. S ee Figure
1.
*Section lines in the Aspen/Snowmass area have not been officially
surveyed by the USGS or BLM and thus any legal description based on
section lines may not be accurate.

B.

Source: Roaring Fork River, tributary to the Colorado River.

C.

Amount: 9.0 c.f.s.

D.

Appropriation information:
(1)

Appropriation date : December 31, 2017.

(2)

Appropriation initiated by : determination of need for this water
right following engineering studies and approval of same by
SWSD’s Board of Directors, formation of intent to appropriate
water rights, and the filing of this application.

(3)

Date of application of water to beneficial use: N/A

E.

Uses or proposed uses: municipal, including but not limited to domestic,
commercial, irrigation, recreation, industrial and other beneficial uses
associated with SWSD’s provision of potable water service to its
customers in and around the Town of Snowmass Village, Colorado , either
directly or after storage in SWSD’s present or future raw or treated water
storage facilities .

F.

Name(s) and address(es) of owner(s) of th e l a n d u po n w h i ch s t r uct ur e
would be located :
Anthony and Kathryn Grant

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 3 of 12
P .O. Box 50235
Austin, TX 78763
G.

Remarks: SWSD provides water service within the Town of Snowmass
Village and surrounding service area as depicted on Figure 1.
Historically, SWSD’s principal water supplies have come from Snowmass
Creek. In order to enhance resiliency of SWSD’s water system, SWSD
seeks to develop a supplemental physical source of supply from the
Roaring Fork River for use when the quantity or qu ality of water available
to SWSD from Snowmass Creek is limited due to events such as droughts,
landslides, forest fires, avalanches, physical equipment failures or other
emergencies. During periods when a senior water right located below the
Roaring Fork River/Fryingpan River confluence places a valid call on the
Roaring Fork River, this water right will operate pursuant to the plan for
augmentation and exchange described below in Sections 3-5 (plan for
augmentation) and Section 7 (SWSD Exchange No. 2).
SECOND CLAIM FOR RELIEF:
PLAN FOR AUGM ENTATION

3.

Description of Water Rights to be Augmented:
A.

4.

SWSD Roaring Fork Intake P ipeline ( as described above in First Claim) .

Description of Water Rights to be Used f or Augmentation:
A.

Ruedi Reservoir: water rights and supplies available to SWSD pursuant to
Contract No. CW 12004 with the United States Bureau of Reclamation for
500 acre feet of annual supply from the marketable yield of Ruedi
Reservoir, and such additional amounts as SWSD may obtain in the future
pursuant to additional or supplemental contracts with the Bureau .
(1)

Legal description of place of storage: Ruedi Reservoir is located in
Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P .M.,
in Eagle and P itkin Counties. The dam axis intersects the right
abutment at a point whence the SW corner of Section 7, T. 8 S., R.
84 W. of the 6th P .M. bears N. 82° 10' W a distance of 1,285 feet.

(2)

Source: Fryingpan River.

(3)

P revious decrees for Ruedi Reservoir:

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 4 of 12

(4)

5.

(a)

Civil Action No. 4613: Decree Date: June 20, 1958. Court:
Garfield County District Court. Amount: 140,697.3 acre
feet, reduced to 102,369 acre feet pursuant to order of the
Water Court in Case No. W-789-76. The full amount was
made absolute in Case No. 88CW85. Appropriation Date:
July 29, 1957. Uses: Domestic, municipal, irrigation,
industrial, generation of electrical energy, stock watering
and piscatorial.

(b)

Case No. 81CW34: Decree Date: April 8, 1985. Court:
District Court, Water Div. No. 5. Amount: 101,280 acre feet
(refill); of this amount, 44,509 acre feet were made absolute
in Case No. 95CW95 and 25,257 acre feet were Colorado
River Water P rojects Enterprise Water Rights Descriptions
August 2008 P age 4 of 9 made absolute in Case No.
01CW269, for a total of 69,766 acre feet absolute.
Appropriation Date: January 22, 1981. Uses: Irrigation,
domestic, municipal, generation of electrical energy, stock
watering, industrial, piscatorial, recreation and maintenance
of sufficient storage reserves to fulfill contractual
obligations and provide stored water for recreation in times
of drought.

Additional or alternate replacement supplies: In accordance with
C.R.S. § 37-92-305(8)(c), as may be amended or revised, SWSD
may use alternative or additional sources of water for
augmentation, substitution, replacement, and exchange pursuant to
the final decree entered for this application. SWSD shall comply
with all statutorily required procedures in place at the time SWSD
seeks to use suc h additional or alternative supplies in this plan for
augmentation.

Statement of Plan f or Augmentation.
A.

Overview:
The purpose of this plan for augmentation is to allow for SWSD to be able
to continue to operate the SWSD Roaring Fork Intake P ipeline water right
(see above First Claim) by providing replacement water released from
Ruedi Reservoir during times when the Roaring Fork or Colorado River
systems are under administration due to senior calls originating below the
confluence of the Roaring Fork and Fryingpan Rivers near the Town of
Basalt, Colorado.

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 5 of 12
B.

Diversions and depletions.
SWSD’s water service area (including extra-territorial water service to the Brush
Creek Metropolitan District) is depicted on Figure 1. To determine the amount of
out-of-priority depletions to be augmented pursuant to this plan, domestic
consumption within the areas served by SWSD’s wastewater treatment system
will be calculated using the difference between the flow measuring devices at
SWSD’s water treatment plant and wastewater treatment plant effluent. Domestic
use within the Brush Creek Metropolitan District will be assumed to be 15%
consumptive due to the use of individual sewage disposal systems (ISDS). Water
used in either area for outdoor irrigation shall be assumed to be 80% consumptive.
According to Glover analyses completed by SWSD’s engineers, due to local
geology and relative distances from the Brush Creek and the Roaring Fork River,
lagged return flows from ISDS and outdoor irrigation accrue evenly over 12
months (8.3% per month). SWSD will develop measuring and accounting systems
acceptable to the Division Engineer to facilitate future administration of this plan.

C.

Downstream calls.
The Roaring Fork River and the Colorado River are subject to periodic
water rights calls from downstream irrigation water rights after spring
runoff each year. Historically, the Cameo call has been placed for one
week in April, one week in May, two weeks in June, all of July through
October, and one week in November. The synthetic call used by SWSD’s
engineers for purposes of developing this plan for augmentation assumes
14 call days in April, 7 call days in May, 15 call days in June, and calls
throughout July through October. The plan proposed herein will provide
water released from storage in Ruedi Reservoir to replace in time and
amount all out-of-priority depletions that would otherwise result due to
use of the SWSD Roaring Fork Intake P ipeline during such call periods.
This plan will operate in conjunc tion with the SWSD Exchange No. 2
described below in Section 7.

D.

Local calls.
The Colorado Water Conservation Board ( “CWCB”) holds instream flow
water rights on the Roaring Fork River from Maroon Creek to the
Fryingpan River in the amount of 30.0 c.f.s from October 1 through March
31 and in the amount of 55.0 c.f.s. from April 1 through September 30.
During any periods of Roaring Fork River administration due to a valid

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 6 of 12
call originating from these instream flow water rights , or from any other
senior water right located below the SWSD Roaring Fork Intake P ipeline,
but above the Fryingpan River confluence (excepting the P itkin County
RICD decreed in Case No. 10CW305, which is addressed below in Section
8), SWSD shall curtail diversions pursuant to the SWSD Roaring Fork
Intake P ipeline water right unless and until local augmentation supplies
are made available pursuant to a future water court or substitute water
supply plan approval.
THIRD CLAIM FOR RELIEF:
CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE
6.

Name of exchange: SWSD Exchange No. 1 (Snowmass Creek/Roaring Fork).
A.

Upstream Termini (“exchange to” structures):
(1)

East Snowmass Brush Creek Ditch (Structure ID 653)
(a)

Decrees: C.A. 1321, C.A. 5884, W-2903

(b)

Location:
Decreed location: on the E. bank of East Snowmass Creek at
a point about (80) rods S. and up the creek above a point
44°27’ W. 6052 ft. from the S.W. corner of Sec. 2, T. 10 S.,
R. 86 W., 6th P .M.
Surveyed location (per SGM survey dated July 30, 2014) :
SW 1/4 SW 1/4 of Sec. 10, T. 10 S., R. 86 W., 6th P .M., at a
point 1145 ft. W. of the E. Sec. line and 297 ft. N. of the S.
Sec. line *, UTM: NAD 83, Zone 13N, 4339693m N,
328522m E. See Figure 1.

(c)
(2)

Source: East Snowmass Creek

East Snowmass and Brush Creek P ipeline (Structure ID 1441)
(a)

Decrees: C.A. 5884, W-2903, 92CW307

(b)

Location:
Decreed location: on the E. bank of East Snowmass Creek at
a point whence the NE corner of Sec. 10, T. 10, S., R. 86

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 7 of 12
W., 6th P .M., bears N. 39° 25’ E. 6,495 ft.
Surveyed location (per SGM survey da ted July 30, 2014):
SW 1/4 SW 1/4 of Sec. 10, T. 10 S., R. 86 W., 6th P .M., at a
point 1178 ft. E. of the W. Sec. line and 296 ft. N. of the S.
Sec. line *, UTM: NAD 83, Zone 13N, 4339692m N,
328532m E. See Figure 1.
(c)
(3)

Source: East Snowmass Creek

Snowmass Creek P ipeline (Structure ID 1442)
(a)

Decrees: C.A. 5884, 92CW307, 93CW043

(b)

Location:
Decreed location: on the right bank of Snowmass Creek at a
point whence the SE corner of Sec. 3, T. 10 S., R. 86 W., 6th
P .M., bears S. 57°34’ E. 3417 ft.
P LSS location (per CDSS): NE 1/4 of SW 1/4 of Sec. 3, T.
10 S., R. 86 W., 6th P .M., at a point approx. 2,744 ft. W. of
the E. Sec. line, and 2,064 ft. N. of the S. Sec. line , UTM:
NAD 83, Zone 13N, 4341830m N , 328989m E. See Figure
1.

(c)

Source: Snowmass Creek

*Section lines in the Aspen/Snowmass area have not been officially
surveyed by the USGS or BLM and thus any legal description based on
section lines may not be accurate.
B.

Downstream Terminus: the confluence of the Roaring Fork and Fryingpan
Rivers, generally located in the SW1/4 SE1/4 of Sec. 7, T. 8 S., R. 86 W.
of the 6th P .M., at a point approximately 750 ft. from the S. sec. line and
1440 ft. from the E. sec. line. See Figure 1.

C.

Appropriation date: December 31, 2017

D.

How appropriation was initiated: determination of need for this water
right following engineering studies, approval of same by SWSD’s Board
of Directors, formation of intent to appropriate water rights, and the fi ling
of this application.

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 8 of 12
E.

Maximum rate of exchange: 3.0 c.f.s., up to 400 acre -feet, conditional.*
*The cumulative rate and volume pursuant to the SWSD Exchange No. 2
(described below in Section 7) and this exchange shall not exceed 4.0
c.f.s. and 500 acre-feet.

F.

Uses: municipal, including but not limited to domestic, commercial,
irrigation, recreation, industrial, and other beneficial uses associated with
SWSD’s provision of potable water service to its customers in and around
the Town of Snowmass Village, Colorado, eit her directly or after storage
in SWSD’s present or future raw or treated water storage facilities. The
water diverted by the exchange may also be used for any other purposes,
and at any places of use, decreed to the “exchange to” structures.

G.

Remarks: SWSD is not filing for new water rights f or the above -listed
“exchange to” points, rather only to confirm appropriative rights of
exchange that will allow SWSD to supplement the legal supply available
from existing water rights when the Roaring Fork River is under
administration due to placement of a valid call below the confluence with
the Fryingpan River. SWSD’s diversion of water at any one or
combination of the three “exchange to” points pursuant to this exchange
shall not exceed a cumulative rate of 3. 0 c.f.s. and shall be subject to all
existing agreements regarding SWSD’s use of water at the th ese three
locations. Releases from Ruedi Reservoir will be delivered at the
confluence of the Fryingpan and Roaring Fork Rivers. The subject
exchange will there fore operate from this confluence up the Roaring Fork
River, Snowmass Creek, and, if applicable, East Snowmass Creek, to the
locations described above in Section 6.A. Water diverted at these
locations by exchange may be used directly or stored in SWSD’s present
or future storage facilities for later use for the purposes described above
in Section 6.F. SWSD claims the right to conduct exchanges (1) from the
downstream terminus upstream to any other point of diversion and/or
storage located within the exchange reaches (including the termini) that is
or becomes available for SWSD’s use and (2) within the exchange reaches
from points of diversion and/or storage to other such points that are or
become available for SWSD’s use. How ever, the SWSD Exchange No. 1
or any portion thereof shall not operate whenever a valid call is placed by
a senior water right within the exchange reach, including but not limited
to any valid calls placed by the CWCB for existing instream flow water
rights within the exchange reach.

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 9 of 12
7.

Name of exchange: SWSD Exchange No. 2 (Roaring Fork).
A.

Upstream Terminus: SWSD Roaring Fork Intake P ipeline, described
above in Applic ant’s First Claim. See Figure 1.

B.

Downstream Terminus: the confluence of the Roaring Fork and Fryingpan
Rivers, generally located in the SW1/4 SE1/4 of Sec. 7, T. 8 S., R. 86 W.
of the 6th P .M., at a point approximately 750 ft. from the S. sec. line and
1440 ft. from the E. sec. line. See Figure 1 .

C.

Appropriation date: December 31, 2017.

D.

How appropriation was initiated: determination of need for this water
right following engineering studies, approval of same by SWSD’s Board
of Directors, formation of intent to appropriate water rights, and the filing
of this application.

E.

Maximum rate of exchange: 4.0 c.f.s., up to 500 acre -feet, conditional. *
*The cumulative rate and volume pursuant to the SWSD Exchange No. 1
(described above in Section 6) and this exchange shall not exceed 4.0
c.f.s. and 500 acre -feet.

F.

Uses: municipal, including but not limited to domestic, commercial,
irrigation, recreation, industrial, and other beneficial uses associated with
SWSD’s provision of potable water service to its customers in and around
the Town of Snowmass Village, Colorado, either direc tly or after storage
in SWSD’s present or future raw or treated water storage facilities.

G.

Remarks: Releases from Ruedi Reservoir will be delivered at the
confluence of the Fryingpan and Roaring Fork Rivers. The SWSD
Exchange No. 2 will operate from this confluence up the Roaring Fork
River to the location of the SWSD Roaring Fork Intake P ipeline in
connection with operation of the plan for augmentation described above in
SWSD’s Second Claim. SWSD claims the right to conduct exchanges (1)
from the downstream terminus upstream to any other point of diversion
and/or storage located within the exchange reaches (including the
terminus) that is or becomes available for SWSD use and (2) within the
exchange reaches from points of diversion and/or storage to othe r such
points that are or become available for SWSD’s use. How ever, the SWSD
Exchange No. 2 or any portion thereof shall not operate whenever a valid
call is placed by a senior water right within the exchange reach, including

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 10 of 12
but not limited to any valid calls placed by the CWCB for any existing
decreed instream flow water rights located within the exchange reach.
8.

Pitk in County RICD. P ursuant to Section 24.F of the Final Decree in Case No.
10CW305, the P itkin County RICD water right shall be subordinate d in priority
to water rights that (a) have points of diversion upstream of the RICD; (b) are
not senior to the P itkin County RICD water right; and (c) are decreed between
January 1, 2011 and the fif teenth anniversary of entry of a decree in 10CW305 or
the date upon which a cumulative 3,000 acre -feet subordination is achieved.
SWSD therefore requests confirmation that the conditional surface water right
and appropriative rights of exchange that SWSD seeks to confirm in this
proceeding qualify for this subordination. The RICD Season depletion volume
pursuant to the water rights claimed herein shall not exceed 500 acre-feet.
WHEREFORE, SWSD respectfully requests an Order of this Court:
A.

Granting the application herein;

B.

Confirming a conditional surface water right for the SWSD Roaring Fork
Intake P ipeline described above in SWSD’s First Claim;

C.

Approving the plan for augmentation described above in SWSD’s Second
Claim, with any terms and conditions necessary to prevent injury to ot her
vested water rights;

D.

Confirming the conditional appropriative rights of exchange described
above in SWSD’s Third Claim;

E.

Confirming eligibility of the above -described water rights as beneficiaries
of the subordination described in Section 24.F o f the Final Decree in Case
No. 10CW305 (P itkin County RICD);

F.

Determining that all of the above -described water rights are part of an
integrated water system for purposes of application of C.R.S. § 37 -92301(4)(b); and

G.

Granting any such other relie f as the Court deems just and proper.

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 11 of 12
Respectfully submitted this 31st day of December, 2017.

Mark E. Hamilton, Esq.
Tarn Udall, Esq.
HOLLAND & HART LLP

 District Court, Water Division No. 5, Colorado
Case No. 17CW; Application of the Snowmass Water and Sanitation District
Application for Conditional Surface Water Right , Approval of Plan for
Augmentation, and Conditional Appropriative Rights of Exchange
P age 12 of 12
VERIFICATION
STATE OF COLORADO
COUNTY OF GARFIELD

)
) ss.
)

John Sikora, P .E., of AECOM, water resources consultant to Applicant, being
first duly sworn upon oath, deposes and says that he has read the foregoing a pplic a t ion
and hereby verifies the same.
/s/ John Sikora
John Sikora, P .E.,
Subscribed and sworn to before me this 29th day of December, 2017.
Witness my hand and official seal.
My commission expires: April 9, 2018.
/s/ Marie Rodriguez__________________
Notary Public

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