EFILED Document

DATE FILED:
December
20, District
2006 1:34
PM
CO Garfield
County
Court
9th JD
CASE NUMBER:
2006CW249
Filing Date: Dec 20 2006 11:34AM MST
Filing ID: 13251313
Review Clerk: Jeanine Horsley

DISTRICT COURT, WATER DIVISION NO.5, STATE
OF COLORADO
109 8th Street, Suite 104
Glenwood Springs, CO 81601
-

CONCERNING THE APPLICATION FOR WATER
RIGHTS OF CRYSTAL RIVER RANCH CO., LLC
In the Roaring Fork River or its Tributaries
IN GARFIELD COUNTY, COLORADO

A COURT USE ONLY A

Glenn E. Porzak (#2793)
Kevin J. Kinnear (#28704)
Porzak Browning & I3ushong LLP
929 Pearl Street, Suite 300
Boulder, CO 80302
Tel: 303-443-6800

Case Number:

Division: 5
APPLICATION FOR WATER RIGHTS
Name,

address and telephone number of applicant:

Crystal River Ranch
555 Seventeenth Street, Suite 2400
Denver, CO 80202
Attn: Sue Anschutz Rogers
(303) 299-1230
Copies of all pleadings should be sent to the following:
Glenn E. Porzak
Kevin J. Kinnear
Porzak Browning & Bushong LLP
929 Pearl Street, Suite 300
Boulder, CO 80302
2.

Water right--Surface:
A.

Enlargement.
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Name ofstructures: MeKown Ditch 4th Enlargement and MeKown Ditch 5~

 13.
g~1descriptionoftl~p~jnt
~f~j~ç~sion: The headgate ofthe McKown
Ditch is located on the south bank of Four Mile Creek at a point whence the South /8 corner,
Section 27, T,7 S., R.89 w~,o~hP.M. bears north 6°30’east 1,570 feet.
C.

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

D,

~p~i2~d~ies:

E.

1.

McKown Ditch 4th Enlargement, May 12, 1969.

2.

McKown Ditch

th

5

Enlargement, April 15, 1976.

Amounts claimed:
1.

McKown Ditch 4th Enlargement, 4.5 cfs, absolute.

2.

McKown Ditch

th

5

Enlargement, 5.0 cfs, absolute.

F.
~ Domestic, stock watering, piscatorial, wildlife, recreation, irrigation,
augmentation and exchange. The land to be irrigated is located in Sections 14, 23, 24, 25,
and 26, Township 7 South, Range 89 West, 6Eh P.M.
3.

Water right

--

Storage:

A.
Name of structures: Sue’s Four Mile Reservoir No. I and Sue’s Four Mile
Reservoir No. 2
B.

Legal description ofthe 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 rint whence the South ¼corner, Section 27,
Township 7 South Range 89 West, 6t P.M. bears North 6°30’East 1,570 feet. The
Reservoir will also intercept springs and seeps 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 27, T7S, R89W, 6th P.M.
2. 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 ¼corner, Section 27,
Township 7 South Range 89 West, 6t 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
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 darn, which is located at a point 800 feet east of the west section line and 1400 feet
north of the south section line of Section 27, T7S, R89W, ~ P.M.
C.

~

Four Mile Creek, a tributary of the Roaring Fork River.

D.

~pp~atiop~t~:

E.

Amount claimed:

December 1, 2006.

1. Sue’s Four Mile Reservoir No. 1: 500 acre-feet, conditional.
2. Sue’s Four Mile Reservoir No. 2: 500 acre-feet, conditional.
F.
Uses: Domestic, stock watering, piscatorial, wildlife, recreation, irrigation,
augmentation and exchange. The land to be irrigated is located in Sections 14, 23, 24, 25,
and 26, Township 7 South, Range 89 West, 6th P.M.
G.

Dam measurements:

1. Sue’s Four Mile Reservoir No. 1: 55 feet high and 950 feet long. The
surface area when full is 22 acres.
2. Sue’s Four Mile Reservoir No. 2: 55 feet high and 800 feet long. The
surface area when full is 30 acres.
4.
Remarks: The structures identified above are located on land owned by the
applicant. A map depicting the locations of the subject water rights is attached as Exhibit A.
Dated this

~

day of December, 2006.
PORZAK BROWNING & BUSHONG LLP

E. Porz4~,V 2793)
Kevin J. Kinne~#28704)
929 Pearl Street, ~iifte 300
Boulder, Colorado 80302
(303) 443-6800
Attorneys for Crystal River Ranch

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 STATE OF COLORADO
COUNTY OF ADAMS

)
) ss.
)

I, Donald Frick, being first duly sworn, state that I have read the foregoing
Application for Water Rights, and that the contents thereofare true to the best of my
knowledge and belief.

Donald Fric
Subscribed and sworn to before me this ~~day

of December, 2006, by Donald

Frick.
My commission expires ~~/~%i

[SEAL]
Notary Public

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