DISTRICT COURT WATER DIVISION COLORADO 109 8th Street Suite 104 Glenwood Springs Colorado 81601 3361 NO 5 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER CONSERVATION BOARD AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO IN PITKIN AND EAGLE COUNTIES 11 20 2012 DRAFT COURT USE ONLY Case Number 10CW184 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECREE This matter has come before the Court on the application of the Colorado Water Conservation Board CWCB and Board of County Commissioners of Pitkin County Pitkin County or the County collectively Applicants for change of water rights The Court having considered the pleadings the evidence presented and the stipulations of the parties hereby enters the following Findings of Fact Conclusions of Law and Decree FINDINGS OF FACT 1 Applicants The applicants are Colorado Water Conservation Board 1313 Sherman Street Room 721 Denver CO 80203 303 866 3441 Board of County Commissioners of Pitkin County Colorado c o John M Ely County Attorney 530 East Main Street Aspen Colorado 81611 970 920 5190 2 00016125 1 Application notice and jurisdiction The application in this case was filed with the District Court Water Division No 5 on June 30 2010 A motion to amend the caption Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 2 was filed on August 31 2010 Timely and adequate notice of the application was given in the manner prescribed by law and the Court has jurisdiction over the subject matter of this proceeding and over all persons and property affected hereby whether those persons or owners of property have appeared or not The lands and water involved in this case are not within the boundaries of a designated groundwater basin The application was referred to the Water Referee on July 1 2010 The application was re referred to the Water Judge on July 24 2012 3 Statements of Opposition Timely statements of opposition were filed by Aspen Skiing Company LLC City of Aspen Basalt Water Conservancy District Celestial Land Company Ltd Colorado Water Trust Maroon Creek LLC Roaring Fork Land and Cattle Company Stage Road Homeowners Association Starwood Metropolitan District T Lazy 7 Corporation Twin Lakes Reservoir and Canal Company and Willow Creek Ditch and Herrick Creek Ditch Company No other statements of opposition were filed and the time for filing such statements of opposition has expired No persons or entities have moved to intervene in this case and the time for filing such motion to intervene has passed 4 Stipulations Applicants entered into a stipulation with 5 Summary of Consultation The Division Engineer for Water Division No 5 filed and served his summary of consultation on October 20 2010 and amended summary of consultation on December 3 2010 Applicants responded to the summary of consultation on September 12 2011 The Court has considered the summary of consultation and Applicants response 6 Summary of application Applicant CWCB acquired an interest in 54 2 of the Stapleton Brothers Ditch water right from Applicant Pitkin County pursuant to a Declaration of a Revocable Trust Agreement dated December 30 2009 Trust Agreement At its board meeting held November 16 2009 the CWCB found that the Stapleton Brothers Ditch water right would preserve and improve the natural environment of Maroon Creek and the Roaring Fork River to a reasonable degree Based on such finding the CWCB approved the Trust Agreement Applicants filed this application in Case No 10CW184 to change the use of a portion of the Stapleton Brothers Ditch water right Stapleton Brothers Ditch as described more fully below to allow that portion of the water right to be used for instream flow purposes pursuant to C R S 37 92 102 3 to preserve and improve the natural environment to a reasonable degree on Maroon Creek and the Roaring Fork River between the headgate of the Stapleton Brothers Ditch on Maroon Creek to the confluence of the Roaring Fork and Fryingpan Rivers Use for instream flow purposes shall be exclusively by the CWCB 00016125 1 Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 3 The Stapleton Brothers Ditch water right will be operated in priority when water is physically and legally available at its historical point of diversion and will be used in combination with or in addition to the CWCB s existing decreed instream flow water rights outlined below in paragraph 9 7 Description of Subject Water Right A B Legal description of structure The point of diversion is located on the west bank of Maroon Creek in the NE of the NW of Section 14 Township 10 South Range 85 West of the 6th P M at a point approximately 1 375 ft from the West section line and approximately 1 100 ft from the North section line The point of diversion is shown on Figure 1 The decree in Case No W 3672 Water Court Water Division No 5 allowed 8 0 cfs of the Stapleton Brothers Ditch water right to be delivered from Maroon Creek to Owl Creek and rediverted at four alternate points of diversion on Owl Creek D Decreed source of water Maroon Creek tributary to the Roaring Fork River tributary to the Colorado River E Appropriation date June 30 1904 F Total amount decreed to structure 8 0 cfs G Decreed use or uses Irrigation and augmentation H 00016125 1 Date of original and all subsequent decrees The Stapleton Brothers Ditch water right was originally decreed on October 16 1933 in Pitkin County District Court Civil Action No 3000 and subsequently changed in Case No W 3672 entered November 8 1989 and in Case No 99CW306 entered January 3 2005 by the Water Court Water Division No 5 C 8 Name of structure Stapleton Brothers Ditch Amount of water to be changed 54 2 of the Stapleton Brothers Ditch represented by 119 25 acre feet of consumptive use and the pro rata diversion amount of 4 34 cfs Historical use The historical use of the Stapleton Brothers Ditch water right was quantified in the decree in Case No 99CW306 entered January 3 2005 by the Water Court Water Division No 5 99CW306 Decree In the 99CW306 Decree the Court Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 4 found that the average historical consumptive use HCU was 220 acre feet per year from 1904 up to and through the date of the decree The 99CW306 Decree found that the historical impact to the stream specifically occurred as a monthly depletion in the amounts shown in the table below The pro rata monthly historical depletions to the stream associated with this application are also shown below Total HCU acre feet Pro rata amount of HCU acre feet May 29 0 June 52 0 July 59 0 Aug 44 0 Sept 30 0 Oct 60 Total 220 0 15 72 28 19 31 98 23 85 16 26 3 25 119 25 The HCU was associated with the dry up of 136 historically irrigated acres on property owned by Pitkin County surrounding the Pitkin County Airport which is shown on Figure 1 The Court finds that requantification of the HCU credits associated with the Stapleton Brothers Ditch is not necessary at this time The 99CW306 Decree shall be considered res judicata as to the historical consumptive use of the Stapleton Brothers Ditch from 1904 through 2004 Circumstances have not changed sufficiently to justify requantification of the Stapleton Brothers Ditch HCU credits at this time See Williams v Midway Ranches Property Owners Assoc 938 P 2d 515 524 26 Colo 1997 9 Change of water right Applicants 54 2 interest in the Stapleton Brothers Ditch represented by 119 25 acre feet of annual HCU credits and 4 34 cfs is changed to add instream flow use exclusively by the CWCB pursuant to the terms of the Trust Agreement and pursuant to C R S 37 92 102 3 for preservation and improvement of the natural environment to a reasonable degree Water used under this change of use will be in addition to any water to which the CWCB would otherwise be entitled pursuant to its existing decreed instream flow water rights on Maroon Creek and the Roaring Fork River which are described below subject however to the restriction on stacking set forth in paragraph 11 below A 00016125 1 Existing decreed instream flow water rights The CWCB currently holds decreed instream flow water rights on Maroon Creek and the Roaring Fork River which are identified in the table below Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 5 Case No 76W2945 Stream Maroon Creek 85CW646 Roaring Fork River Reach Amount Confluence East and 14 cfs Jan 1 Dec 31 West Maroon Creek to confluence Roaring Fork River Confluence Maroon 55 cfs Apr 1 Sept 30 Creek to confluence 30 cfs Oct 1 Mar 31 Fryingpan River Appropriation Date Jan 14 1976 Nov 8 1985 The CWCB intends to use the Stapleton Brothers Ditch in priority for instream flow uses in combination with or in addition to the decreed instream flow water rights listed above in the three reaches identified below in paragraph 9 C subject however to the restriction on stacking set forth in paragraph 11 below Such use will be for preservation of the natural environment at times when the existing instream flow water rights are not in priority or are not fully met and or for improvement of the natural environment in amounts above those decreed to the existing instream flow water rights when the existing instream flow water rights are fully met B Location of point of diversion The CWCB will either bypass diversions or divert measure and return the Stapleton Brothers Ditch and use the water to preserve or improve the natural environment to a reasonable degree within segments of Maroon Creek and the Roaring Fork River located downstream of the Stapleton Brothers Ditch headgate as more fully described below As such the amount of Stapleton Brothers Ditch water available for instream flow use by the CWCB will be determined by the physical and legal availability of 4 34 cfs at the historical point of diversion C Location The instream flow use will occur in three reaches on Maroon Creek and the Roaring Fork River at the location identified below and shown on Figure 2 Instream Flow Reaches i Reach One a 00016125 1 Upper terminus The headgate of the Stapleton Brothers Ditch located on the west bank of Maroon Creek in the NE of the NW of Section 14 Township 10 South Range 85 West of the 6th P M at a point approximately 1 375 ft from the West section line and approximately 1 100 ft from the North section line Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 6 b ii Lower terminus The confluence of Maroon Creek and the Roaring Fork River Reach Two a b iii Upper terminus The confluence of Maroon Creek and the Roaring Fork River Lower terminus The confluence of Owl Creek and the Roaring Fork River Historically return flows from the Stapleton Brothers Ditch water right returned to Owl Creek or the Roaring Fork River in the vicinity of the confluence of Owl Creek and the Roaring Fork River Reach Three a b D The confluence of Owl Creek and the Roaring Lower terminus The confluence of the Roaring Fork River and the Fryingpan River Rate The instream flow use may occur in the Instream Flow Reaches at the rates identified below The average daily instantaneous rates of flow for each reach were developed by converting the average volumetric amount for that time period to a daily flow rate in cfs For each Instream Flow Reach the amount of water protected for instream flow purposes may not exceed the specified volumetric limit for each time period Within each time period the daily instantaneous flow rate protected for instream flow purposes may not exceed the maximum rates shown below subject to the limitations of paragraph 10 I below During each period the CWCB must claim at least the minimum daily instantaneous flow rate shown below for instream flow purposes i 00016125 1 Upper terminus Fork River Reach One The flow rates and volumetric limits identified for Reach One in the table below are based upon the historical diversions of the Stapleton Brothers Ditch Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 7 May 1 15 Maximum cfs Average cfs Minimum cfs Volumetric Limit AF ii May 16 31 June July Aug Sept Oct Oct 1 15 16 31 3 83 3 83 3 83 3 83 3 83 3 83 3 83 3 83 0 53 1 63 3 07 3 11 2 96 2 59 1 53 1 22 0 35 1 12 2 58 2 64 2 55 2 05 0 59 0 45 15 78 51 58 45 49 38 86 182 92 191 35 182 15 154 11 Reach Two The flow rates and volumetric limits identified for Reach Two in the table below are equal to the value for Reach One in the same time period less 7 5 to reflect historical ditch losses that returned to the stream above the Maroon Creek Gage shown in Figure 2 May 1 15 Maximum cfs Average cfs Minimum cfs Volumetric Limit AF 00016125 1 May 16 31 June July Aug Sept Oct Oct 1 15 16 31 3 54 3 54 3 54 3 54 3 54 3 54 3 54 3 54 0 49 1 50 2 84 2 88 2 74 2 40 1 41 1 13 0 33 1 03 2 39 2 44 2 36 1 90 0 55 0 42 14 60 47 71 42 07 35 95 169 20 177 00 168 48 142 55 Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 8 iii Reach Three The average flow rates and volumetric limits identified for Reach Three in the table below are based upon the pro rata HCU credits quantified in the 99CW306 Decree The maximum and minimum flow rates for Reach Three are varied in proportion to the diversion rate variations identified for Reach One in paragraph 9 D i above May 1 15 Maximum cfs Average cfs Minimum cfs Volumetric Limit AF May 16 31 June July Aug Sept Oct 1 15 Oct 16 31 0 89 0 89 0 59 0 64 0 50 0 40 0 15 0 15 0 12 0 38 0 47 0 52 0 39 0 27 0 06 0 05 0 08 0 26 0 40 0 44 0 33 0 22 0 023 0 017 3 68 12 04 28 19 31 98 23 85 16 26 1 75 1 50 The water associated with the Stapleton Brothers Ditch as set forth above shall be shepherded through the Instream Flow Reaches by the Division Engineer who shall not allow the diversion of or exchange on said rates of flow while they are flowing through the Instream Flow Reaches E F 00016125 1 Season of Use The Stapleton Brothers Ditch may be used for instream flow purposes from May 1 through October 31 of any given year These dates represent the historical first and last days of diversions under the Stapleton Brothers Ditch Ditch Loss A ditch loss of 10 has been linearly applied to the amount of Stapleton Brothers Ditch water available for use in Reaches One and Two based on soils in the area Because 50 of the Stapleton Brothers Ditch lies in the Maroon Creek basin 5 ditch loss half of the 10 ditch loss has been applied to Reach One The remaining 5 ditch loss has been applied to Reach Two for a cumulative ditch loss of 10 Ditch loss is reflected in the tables above in paragraph 9 D based on the administration described in paragraph 10 E below Because paragraph 10 E requires administration in Reach One at or near the Stapleton Brothers Ditch headgate measurement in this reach will occur above any historical ditch loss Therefore no ditch loss is assigned to the limits in Reach One For Reach Two the point of administration is at the Roaring Fork Below Maroon Creek Gage ROABMCO which is located approximately half way through Reach Two Therefore the ditch loss assigned for Reach Two at the Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 9 proposed point of administration is equal to 7 5 If the points of administration change in the future the 10 ditch loss will be distributed on a linear basis and applied to the flow rates in 9 D for the new point of administration G 10 Location of Historical Return Flows As determined in the 99CW306 Decree the Stapleton Brothers Ditch water right was historically diverted for use to irrigate 136 acres as described above in paragraph 8 The irrigation return flows accrued to the Roaring Fork River with the water diverted through the Stapleton Brothers Ditch being entirely depletive to Maroon Creek and to a portion of the Roaring Fork River Accordingly the CWCB may use the full amount of its interest in the Stapleton Brothers Ditch for instream flow purposes in Reach One and Reach Two less ditch losses and the historical consumptive use portion of its interest in the Stapleton Brothers Ditch in Reach Three Terms and conditions The Court finds that the requested change of water rights can be granted without injury to existing absolute water rights or decreed conditional water rights if the following terms and conditions are imposed A B Diversions Upon approval by the Division Engineer Applicants shall bypass and forego diversions of the Stapleton Brothers Ditch unless diversion for measurement purposes is required by the Division Engineer C Accounting Measurement and Reporting Applicants shall account for use of the Stapleton Brothers Ditch for instream flow purposes on a daily basis and provide such accounting reports to the Division Engineer as required by the Division Engineer Applicants may not call for or take credit for use of the Stapleton Brothers Ditch for instream flow purposes absent such accounting Applicants shall install such measuring devices and keep such records as required by the Division Engineer to administer the Stapleton Brothers Ditch D 00016125 1 Location of call The CWCB may place a call for its interest in the Stapleton Brothers Ditch based upon the streamflow available at the headgate of the Stapleton Brothers Ditch and require its interest in the Stapleton Brothers Ditch to be protected and shepherded from the headgate downstream through the Instream Flow Reaches This does not affect the CWCB s ability to call for its minimum instream flow water rights at any location along the Instream Flow Reaches as otherwise allowed by law Limitations on flows For each respective Instream Flow Reach the rates of flow for the Stapleton Brothers Ditch shall be limited to the rates of flow and Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 10 volumetric amounts listed in paragraph 9 D above based on the points of administration described in paragraph 10 E and the CWCB s notice of use described in paragraph 10 I E Administration For purposes of administration of the Stapleton Brothers Ditch for instream flow purposes the following points of measurement and administration will be used i Reach One If bypass of diversions is permitted by the Division Engineer a gage on Maroon Creek at or below the Stapleton Brothers Ditch headgate or if diversion and return is required an augmentation station on Stapleton Brothers Ditch below the headgate ii Reach Two The Roaring Fork Below Maroon Creek Gage ROABMCO which is shown on Figure 2 iii Reach Three The Roaring Fork River Above the Fryingpan River Near Basalt Gage ROAFRYCO which is shown on Figure 2 These points of measurement and administration may change in the future after notice to and consultation with the Division Engineer and opposers If such a change occurs ditch losses shall be redistributed to the extent necessary as described in paragraph 9 F F G 00016125 1 Downstream use of HCU credits Pursuant to C R S 37 92 102 3 nothing in this decree shall prevent Pitkin County or its assignee from using the Stapleton Brothers Ditch HCU credits for consumptive beneficial use or augmentation of such uses at locations downstream of the Instream Flow Reaches pursuant to a subsequent decree of this Court or Substitute Water Supply Plan approved by the Office of the State Engineer Method by which the consumptive use shall be quantified and credited during the term of the agreement between CWCB and Pitkin County for future change of use cases On a monthly basis during the term of the Trust Agreement the Applicants shall determine the amount of water physically and legally available under the Stapleton Brothers Ditch at the original point of diversion on Maroon Creek The consumptive use associated with the Stapleton Brothers Ditch available for change in any future change case taking place during the term of or after the termination of the Trust Agreement as may be amended from time to time shall be reduced only to the extent that water was not physically and legally available at Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 11 the headgate in the amounts set forth above As provided by C R S 37 92 102 3 the method of determining the consumptive use associated with the Stapleton Brothers Ditch physically and legally available in any future change case shall recognize the actual amount of consumptive use physically and legally available under the water right and shall not result in a reduction of the consumptive use of the water right during the term of the Trust Agreement except to the extent such reduction is based upon the actual amount of water physically and legally available at the Stapleton Brothers Ditch headgate H I 11 00016125 1 Green Mountain Reservoir Historic Users Pool The Stapleton Brothers Ditch has historically received protection under Senate Document 80 as a beneficiary of the Green Mountain Reservoir Historic Users Pool HUP The instream flow use approved herein is a non consumptive use and therefore has no impact on the status of the Stapleton Brothers Ditch as a beneficiary of the HUP Because use of the Stapleton Brothers Ditch for instream flow use is non consumptive it does not require releases from the HUP As a result the Stapleton Brothers Ditch may be used for instream flow purposes as decreed herein regardless of the existence of a call on the mainstem Colorado River benefitting from the HUP i e a Cameo call unless otherwise determined by the Division Engineer 15 Day Notice of Intended Use In the event that the CWCB intends to use the Stapleton Brothers Ditch at flow rates other than the average rates identified in paragraph 9 D above the CWCB shall provide written notice to Pitkin County opposers and the Division Engineer of the specific flow rates within the limits of paragraph 9 D above to be protected for instream flow purposes with the Stapleton Brothers Ditch 15 days in advance of such use Any such notice shall document how such use will maintain the volumetric limits required by paragraph 9 D above In cases of emergency circumstances that cannot be foreseen excluding drought such as a chemical or hazardous substance spill affecting the Instream Flow Reaches that threatens fish and aquatic life the CWCB may provide Pitkin County opposers and the Division Engineer notice of such use 3 days in advance No notice shall be required for use of the Stapleton Brothers Ditch at the average flow rates identified in paragraph 9 D above Stacking CWCB shall be entitled to call for and or exercise its interest in the Stapleton Brothers Ditch alone or in combination with the minimum instream flow water rights described in paragraph 9 A above under each water right s respective priority The Stapleton Brothers Ditch water right use for instream flow purposes will occur first using any water legally and physically available to its 1904 water right To the extent additional water is legally and physically available for use under the CWCB s water Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 12 rights decreed in Case Nos 76W2945 and 85CW646 the CWCB may call for and or use those water rights second under their respective independent priorities in addition to the Stapleton Brothers Ditch water used for instream flow purposes pursuant to this decree CWCB s exercise of the Stapleton Brothers Ditch for instream flow uses shall not decrease the amount of water that can be called for and used under its existing instream flow water rights CONCLUSIONS OF LAW 12 Timely and adequate notice of this application was given in the manner required by C R S 37 92 302 3 and this Court has jurisdiction over all persons and entities affected hereby whether or not they have participated in this proceeding The Court concludes that the published notice of this application put interested parties to the extent reasonably possible on inquiry notice of the nature scope and impact of the claims granted herein 13 This application is one contemplated by law and this Court has exclusive jurisdiction over the subject matter of this proceeding C R S 37 92 203 and 37 92 302 14 The time for filing statements of opposition and motions to intervene has expired by operation of law C R S 37 92 302 1 c and 37 92 304 3 15 Applicants have complied with and satisfied all legal standards and burdens of proof applicable to their application herein including but not limited to C R S 37 92 102 3 and 37 92 301 through 37 92 305 inclusive and is entitled to entry of this decree as a matter of law 16 The Court concludes that Applicants have demonstrated that the approval of their claim for a change of water right will not injuriously affect the owners of or persons entitled to use water under vested water rights or decreed conditional water rights C R S 37 92 305 3 Therefore Applicants claim for approval of a change of water right should be granted as a matter of law subject to the terms and conditions of this decree JUDGMENT AND DECREE 17 00016125 1 Each of the foregoing Findings of Fact and Conclusions of Law set forth above is incorporated herein by this reference as if fully set forth and is hereby modified as necessary to constitute the Judgment and Decree of this Court Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 13 18 Applicants claim for a change of the Stapleton Brothers Ditch is hereby approved and adjudicated subject to the terms and conditions set forth herein 19 Transit Losses Any transit losses noted in a final decree will be modified to match actual transit losses as determined and assessed at the time bypasses or returns at the Stapleton Brothers Ditch are made and may be modified per C R S 37 80 102 7 and C R S 37 83 104 as determined by the Division Engineer 20 No Precedent No trial was held in this matter and no issues were litigated The findings of fact conclusions of law judgment and decree were completed as the result of substantial discussions negotiations and compromises by between and among the Applicants and the several objectors pertaining to all parts of the findings conclusions judgment and decree It is specifically understood and agreed by the parties hereto and found and concluded by the Court that the acquiescence of the parties to a stipulated decree under the specific factual and legal circumstances of this contested matter and upon the numerous and interrelated compromises reached by the parties shall never give rise to any argument claim defense or theory of acquiescence waiver bar merger stare decisis res judicata estoppel laches or otherwise nor to any administrative or judicial practice or precedent by or against any of the parties hereto in any other matter case or dispute nor shall testimony concerning such acquiescence of any party to a stipulated decree herein by allowed in any other matter case or dispute All parties stipulate and agree that they do not intend the findings conclusions judgment and decree to have the effect of precedent or preclusion on any factual or legal issue in any other matter 21 Retained Jurisdiction Pursuant to C R S 37 92 304 6 the Court shall retain general jurisdiction over issues of potential injury due to the change of water right approved herein for a period of five years from the date Applicants provide notice to the parties and the Division Engineer that the Stapleton Brothers Ditch has been used for instream flow purposes as decreed herein Within such time limitation the Court s retained jurisdiction may be invoked by the Division Engineer or any party to this case upon the filing of a verified petition with this Court under the above caption and case number and with appropriate notice to all other parties hereto If a party other than Applicants seeks to invoke the Court s retained jurisdiction then that party shall have the burden of establishing the prima facie facts alleged in the petition including the existence of any alleged material injury to that party s water rights If the Court finds those facts to be established then Applicants shall thereupon bear the burden of showing a that any modifications sought by Applicants will avoid injury to other vested water rights or b that any modifications sought by the petitioner is not required to avoid injury to other vested water rights or c that any term or condition proposed by Applicants in response to the petition will avoid injury to other vested water rights 00016125 1 Colorado Water Conservation Board and Board of County Commissioners of Pitkin County Colorado Case No 10CW184 Page 14 22 Except to the extent that the Court has specifically retained jurisdiction herein this judgment and decree shall be final for purposes of appeal DATED this day of 201 BY THE COURT James B Boyd Water Judge Water Division No 5 State of Colorado 00016125 1