DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO DATE FILE, FILING ID: 109 8th Street, Suite 104 CASE NUMI Glenwood Springs, Colorado 81601 November 20, 2019 9:37 AM 317E33793D31D BER: 2019CW3130 A COURT USE ONLY A IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF RIVER RANCH CO., LLC IN GARFIELD COUNTY, COLORADO PORZAK BROWNING BUSHONG LLP Glenn E. Porzak (#2793) 2120 13th Street Boulder, Colorado 80302 Phone: (303) 443-6800 Fax: (303) 443?6864 Case Number: 19CW (06CW249) Water Div. NO. 5 E-mail: gporzak@pbblaw.com APPLICATION FOR FINDING OF REASONABLE DILIGENCE 1. Name, Address, and Telephone Number of Applicant: River Ranch Co., LLC Attn: Sue Anschutz-Rodgers, General Partner 555 17th Street, Suite 2400 Denver, CO 80202 303-299-1361 Direct all pleadings to: Glenn E. Porzak Porzak Browning Bushong LLP 2120 13th Street Boulder, CO 80302 2. Names of Structures. Sue?s Four Mile Reservoir NO. 1 Sue?s Four Mile Reservoir No. 2 3. Description of the Subiect Water Rights. The subject water rights were decreed by the District Court in and for Water Division No. 5 State of Colorado (the ?Water Court?) on November 7, 2013, in Case No. 06CW249. 110777 110777 Application of River Ranch Co., LLC Case No. 19CW Page 2 of 4 Name of structures: Sue?s Four Mile Reservoir No. and Sue?s Four Mile Reservoir No. 2. Legal description of the points of diversion: i. Sue?s Four Mile Reservoir No. l: The point of diversion ?om Four Mile Creek is located at the headgate of the McKown Ditch, located at a point on the South bank of Four Mile Creek at a point whence the South corner, Section 27, T. 7 S. R. 89 W., 6th P.M. bears North 6?30? East 1,570 feet. The Reservoir will also intercept springs and seeps in the Freeman Creek drainage tributary to the east end of the darn, which is located at a point 2400 feet west of the east section line and 2700 feet south of the north section line of Section 26, T. 7 S., R. 89 W., 6th P.M. ii. Sue?s Four Mile Reservoir No. 2: The point of diversion ?'om Four Mile Creek is located at the headgate of the McKown Ditch, located at a point on the South bank of Four Mile Creek at a point whence the South corner, Section 27, T. 7 S., R. 89 W., 6th P.M. bears North 6?30? East 1,570 feet. The Reservoir will also intercept springs and seeps tributary to the northeast end of the dam, which is located at a point 1500 feet east of the west section line and 700 feet north of the south section line of Section 24, T. 7 S., R. 89 W., 6th P.M. m: Four Mile Creek, a tributary of the Roaring Fork River. Appropriation date: December 1, 2006. Amount claimed: i. Sue?s Four Mile Reservoir No. 1: 500 acre-feet, conditional. ii. Sue?s Four Mile Reservoir No. 2: 500 acre-feet, conditional. The maximum ?ll rate for either or both reservoirs is 35 cfs. w: Stock watering, piscatorial, wildlife, and irrigation. The land to be irrigated is located in Sections 14W., 6th P.M. Augmentation and exchange uses of the subject storage rights will require prior Water Court approval of a plan for augmentation and/or exchange. Application of River Ranch Co., LLC Case No. 19CW Page 3 of 4 Dam measurements: i. Sue?s Four Mile Reservoir No. l: 55 feet high and 950 feet long. The surface area when full is 22 acres. ii. Sue?s Four Mile Reservoir No. 2: 55 feet high and 800 feet long. The surface area when full is 30 acres. A map depicting the locations of the subject water rights and irrigated lands is attached as Exhibit A. 4. Detailed outline of worlg done to complete nroiect and annlv water to bene?cial EQ- During the subject diligence period the Applicant spent in excess of $70,000 to survey the reservoir sites; prepare layouts of the dams and reservoirs; design work on the spillways, inlets, and outlet infrastructures of the reservoirs; design irrigation improvements and conduct layout of the pumps and sprinklers for the lands to be irrigated by the reservoirs; conduct a hydrology analysis for each reservoir site; drill boreholes at each reservoir site; test soil samples and perform a geotechnical analysis of each reservoir site; and prepare cost estimates for each reservoir site and all of the associated infrastructure. Name and address of the owner of the land on which the subject conditional water rights are located. Applicant. WHEREFORE Applicant requests that the Water Court issue a ?nal decree that (1) ?nds reasonable diligence in applying the Sue?s Four Mile Reservoir Nos. 1 and 2 to bene?cial use, (2) continues the Sue?s Four Mile Reservoirs Nos. 1 and 2 in full force and effect, and (3) grants such other and further relief as may be appropriate. 110777 ReSpectfully submitted this 925 92' day of November, 2019. PORZAK BROWNING BUSHONG LLP {@244 Glenn E. Porzak (#2793) Attorneys for River Ranch Co., LLC Application of River Ranch Co., LLC Case No. 19CW Page 4 of 4 VERIFICATION STATE OF COLORADO ss. COUNTY OF GARFIELD I, Craig Ullmann, P.E., state under oath that I have read this application and verify its contents to the best of my knowledge and belief as it relates to the water rights of River Ranch Co., LLC. ?Eraig?uu?ann, P.E. Subscribed and sworn to before me this day of November, 2019, by Craig Ullman, P.E. Witness my hand and of?cial seal. My commission expireshr: 7964+ Notary??ublic LEIGH A. HOYT NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20104012768 ?39.53932 1 10777