DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO

DATE FILED: March 13, 2020 3:19 PM
FILING ID: 3B56F640F330C
CASE NUMBER: 2019CW3130

109 8th Street, Suite 104
Glenwood Springs, Colorado 81601
IN THE MATTER OF THE APPLICATION FOR WATER
RIGHTS OF CRYSTAL RIVER RANCH CO., LLC,

▲ COURT USE ONLY ▲
Case Number: 19CW3130
(06CW249)

IN GARFIELD COUNTY, COLORADO
Division No. 5
RULING OF THE REFEREE AND DECREE OF THE WATER COURT
The above entitled application was filed on November 30, 2019, and was referred to the
undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge
of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water
Right Determination and Administration Act of 1969.
The undersigned Referee having made such investigations as are necessary to determine
whether or not the statements in the Application are true, and having become fully advised with
respect to the subject matter of the Application, does hereby make the following determination
and Ruling as the Referee:
FINDINGS OF FACT
1. Application. This matter involves the Application for a Finding of Reasonable Diligence
(the “Application”) filed by the Crystal River Ranch Co. LLC, c/o Attn: Sue Anschutz-Rodgers,
555 17th Street, Suite 2400, Denver, CO 80202.
2. Jurisdiction. All notices required by law have been duly given and the Water Court has
jurisdiction over the Application and all parties affected thereby, whether or not they have
chosen to appear.
3. Objectors. No objections to this Application were filed and the time for filing statements
of opposition has expired.
4. Description of the Conditional Water Rights (“Subject 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, and
are described as follows:
(a)

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Name of structures: Sue’s Four Mile Reservoir No. 1 and Sue’s Four Mile
Reservoir No. 2.

 Findings of Fact, Conclusions of Law, Ruling of the Referee, and Decree of the Water Court
Case No. 19CW3130
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(b)

Legal description of the points of diversion:
i.

Sue’s Four Mile Reservoir No. 1: The point of diversion from 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 ¼ 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 dam, 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 from 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 ¼ 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.

(c)

Source: Four Mile Creek, a tributary of the Roaring Fork River, tributary to the
Colorado River.

(d)

Appropriation date: December 1, 2006.

(e)

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 fill rate for either or both reservoirs is 35 cfs.
(f)

Uses: Stock watering, piscatorial, wildlife, and irrigation. The land to be irrigated
is located in Sections 14, 23, 24, 25, and 26, T. 7 S., R. 89 W., 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.

(g)

Dam measurements:
i.

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Sue’s Four Mile Reservoir No. 1: 55 feet high and 950 feet long. The surface
area when full is 22 acres.

 Findings of Fact, Conclusions of Law, Ruling of the Referee, and Decree of the Water Court
Case No. 19CW3130
Page 3 of 5

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.
5. Report of the Division Engineer. The Referee and the Water Court have given
due consideration to the Division Engineer’s Summary of Consultation dated February 27, 2020,
and the verified Application which details the diligence activities during the subject diligence
period.
6. Findings of Reasonable Diligence for the Subject Water Rights. The Application
requests a finding that the Applicant has exercised reasonable diligence in the development of
the Subject Water Rights. The Application contains a detailed description of activities
performed by the Applicant during the diligence period toward development of the Subject
Water Rights. The Referee finds that the work and expenditures described in the Application
constitute reasonable diligence in the development of the remaining conditional portions of the
Subject Water Rights and the Application should be granted. C.R.S. § 37-92-301(4).

CONCLUSIONS OF LAW
7. To the extent they constitute legal conclusions, the foregoing Findings of Fact are
incorporated herein.
8. All notices required by law have been properly made, including as required under C.R.S.
§ 37-92-302(3).
9. The Application is complete, covering all applicable matters required pursuant to the
Water Right Determination and Administration Act of 1969. C.R.S. §§ 37-92-101– 602.
10. The Water Court has jurisdiction over this matter and all persons or entities affected
hereby, whether they have appeared or not in this proceeding. C.R.S. §§ 37-92-203(1)
and -301(2).
11. The Water Court has authority to grant the finding of reasonable diligence requested in
the Application. C.R.S. §§ 37-92-301(2), -302 and -303(1).
12. The measure of diligence is the steady application of effort to complete the appropriation
in a reasonably expedient and efficient manner under all of the facts and circumstances. C.R.S.
§ 37-92-301(4)(b).
13. The Water Court may consider all relevant factors in determining whether the holder of a
conditional water right has exercised reasonable diligence in the development of the

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 Findings of Fact, Conclusions of Law, Ruling of the Referee, and Decree of the Water Court
Case No. 19CW3130
Page 4 of 5

appropriation. See Trans County Water, Inc. v. Central Colo. Water Conservancy Dist., 727
P.2d 60 (Colo. 1986).
14. The Application is in accordance with Colorado law and should be granted as set forth
herein.
RULING OF THE REFEREE
15. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein
by reference and constitute part of this Ruling.
16. The Applicant has complied with all applicable requirements and met all applicable
standards and burdens of proof and is entitled to the relief requested in the Application as set
forth herein.
17. The Referee GRANTS the Application and determines that Applicant has demonstrated
reasonable diligence in the development of the Subject Water Rights and continues the
conditional portions in full force and effect.
18. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
the sale or other transfer of the conditional water rights decreed herein, the transferee shall file
with the Water Court a notice of transfer which shall state:
a)

The title and case number of this Case No. 19CW3130;

b)

The description of the conditional water right transferred;

c)

The name of the transferor;

d)

The name and mailing address of the transferee; and

e)

A copy of the recorded deed.

The owner of said conditional water rights shall also notify the Clerk of the 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. 19CW3130.
20. An application for Sextennial Finding of Reasonable Diligence shall be filed on or before
the last day of the same month six years from the date of the Water Judge’s order as set forth
below, if the Applicant wishes to maintain the Subject Water Rights, or a showing made on or
before said date that the Subject Water Rights have been made absolute by completion of the
appropriation.
Accordingly, it is ORDERED that this Ruling shall be filed with the Water Clerk
subject to judicial review.

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 Findings of Fact, Conclusions of Law, Ruling of the Referee, and Decree of the Water Court
Case No. 19CW3130
Page 5 of 5

It is further ORDERED that a copy of this Ruling shall be filed with the appropriate
Division Engineer and State Engineer.
Dated this ____ day of _____________, 2020.
BY THE REFEREE:

_____________________________
Susan M. Ryan, Water Referee
Water Division No. 5

DECREE OF THE WATER COURT
No protest was filed in this matter. The foregoing Ruling is confirmed and approved and
is made the Judgment and Decree of this Court.
Dated this ____ day of _____________, 2020
BY THE COURT:

___________________________
James Boyd, Water Judge
Water Division No. 5

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