DISTRICT COURT, GARFIELD (GLENWOOD SPRINGS) COUNTY, COLORADO
Court Address:
109 8th Street, Ste. 104, Glenwood Springs, CO, 81601

DATE FILED: November 7, 2013 5:42 PM
CASE NUMBER: 2006CW249

In the Interest of: CRYSTAL RIVER RANCH

COURT USE ONLY
Case Number: 2006CW249
Division: E
Courtroom:

Order: Decree of the Water Court
The motion/proposed order attached hereto: GRANTED.

Exhibit A filed with the proposed decree on November 13, 2009, is incorporated into this
Decree. Any request for a finding of reasonable diligence shall be filed in November 2019.
Issue Date: 11/7/2013

JAMES BERKLEY BOYD
District Court Judge

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

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CONCERNING THE APPLICATION FOR WATER
RIGHTS OF CRYSTAL RIVER RANCH CO., LLC

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In the Roaring Fork River or its Tributaries

• COURT USE ONLY •

IN GARFIELD COUNTY, COLORADO

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Case Number: 06CW249

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Division: 5

DECREE OF THE WATER COURT

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The application in this case was filed on December 20, 2006. This matter was
referred to the undersigned as Water Referee for the District Court in and for Water Division
No. 5, State of Colorado (“Water Court”) by the Water Court in accordance with Article 92
of Chapter 37, Colorado Revised Statutes, known as the Water Right Determination and
Administration Act of 1969. By order dated September 17, 2009, this matter was rereferred
to the Water Judge.

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The Water Judge, 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 enter the following as the
Decree of the Water Court.
1.
The Application. This matter involves the Application for Water Rights filed by
Crystal River Ranch Co., LLC, 555 Seventeenth 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. Statements of opposition to the application were timely filed by John
Reeves, Sunlight, Inc., Pitkin Iron Corporation, Springridge Reserve Homeowners Assoc.,
Deer Park Ranch, LLC, and William M. and Charlotte B. Zilm. The time for filing
additional statements of opposition has now expired. Deer Park Ranch, LLC withdrew its
statement of opposition, and Applicant has entered into stipulated settlements with all other
objectors. Said stipulations are incorporated herein and approved as orders of the Court.
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 4.

Description of water rights to be adjudicated.
A.

Water rights – surface:

Name of structures: McKown Ditch 4th Enlargement and McKown
Ditch 5 Enlargement.
i.

th

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ii.
Legal description of the point of diversion: The headgate of the
McKown Ditch is located 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 6º30’ east
1,570 feet.

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iii.

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

iv.

Appropriation dates:

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a.

McKown Ditch 4th Enlargement, May 12, 1969.

b.

McKown Ditch 5th Enlargement, April 15, 1976.

Amounts claimed:

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a.

McKown Ditch 4th Enlargement, 4.5 cfs, absolute.

b.

McKown Ditch 5th Enlargement, 5.0 cfs, absolute.

vi.
Uses: Irrigation. The lands irrigated are located in Sections 14, 23,
24, 25, and 26, T. 7 S., R. 89 W., 6th P.M., as depicted on the map attached hereto as
Exhibit A.

B.

Water rights – storage:

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

Legal description of the points of diversion:

a. 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
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 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.
b. 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.

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iii.

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

iv.

Appropriation date: December 1, 2006.

v.

Amount claimed:

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a. Sue’s Four Mile Reservoir No. 1: 500 acre-feet, conditional.
b. Sue’s Four Mile Reservoir No. 2: 500 acre-feet, conditional.

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The maximum fill rate for either or both reservoirs is 35 cfs.
vi.
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., as depicted on the map attached hereto as Exhibit A. Augmentation and
exchange uses of the storage rights decreed herein will require prior water court
approval of a plan for augmentation and/or exchange.
vii.

Dam measurements:

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

b. 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.

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 5.

Terms and Conditions

A.
Measuring and accounting. Applicant will install such measuring devices
and shall account for diversions and storage pursuant to the subject water rights as may
reasonably be required by the Division Engineer. At a minimum, Applicant will install
flumes and staff gages that are sufficient to determine inflows and evaporation and to
measure outflows so that out of priority storage does not occur. Diversions to Sue’s Four
Mile Reservoir Nos. 1 and 2 (the “Reservoirs”) from the McKown Ditch shall be curtailed
when the storage water rights are out of priority. Any out of priority storage that occurs
from the springs and/or seeps that feed the Reservoirs shall be released within a reasonable
time, and any evaporation of such water stored out of priority will be replaced. Applicant is
not obligated to replace evaporation of water stored in priority.

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Applicant will monitor the measurement devices at Reservoir No. 1 during the winter
months (December through February) and any other time when Reservoir No. 1 is out of
priority to ensure that such devices are capable of measuring any inflow even if Reservoir
No. 1 is iced over to prevent out of priority storage on Freeman Creek or ensure that any out
of priority storage is measured and released to the stream below Reservoir No. 1 within a
reasonable time. The intent of this paragraph is to assure that the Reservoirs do not deplete
flows in the Freeman Creek or Four Mile Creek drainages that otherwise would be available
for senior appropriators on Four Mile Creek.

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B.
Priority. The subject water rights will be administered as having been filed in
2006, and shall be junior to all water rights adjudicated in prior years. The appropriation
dates set forth herein establish the priorities of the subject water rights with respect to other
water rights filed in 2006.
C.
Augmentation and exchange. The reservoirs described in paragraph 4.B
above will inundate historically irrigated lands. Applicant reserves the right to claim
augmentation credit associated with the removal of such inundated lands from irrigation.
Prior to claiming such credits or using the subject water rights for augmentation and/or
exchange, Applicant shall file an application with the Water Court for any necessary
approvals, which might include approval of a change of water right and plan for
augmentation and/or exchange.
D.
No Storage of Direct Flow Diversions. This ruling and decree does not
authorize the storage of any water diverted by the KcKown Ditch under the direct flow
water rights decreed to the 4th and 5th Enlargements herein or under water rights previously
decreed to the McKown Ditch.

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 THEREFORE, the Water Court rules as follows:
A.
The absolute water rights for the McKown Ditch 4th Enlargement and
McKown Ditch 5th Enlargement.are hereby confirmed and adjudicated as set forth in
paragraph 4.A above. The conditional water rights described in paragraph 4.B above are
hereby confirmed and adjudicated. If the Applicant desires to maintain such conditional
water rights, an application for finding of reasonable diligence shall be filed on or before
___________, 2015, or a showing made on or before such date that the conditional water
rights have become absolute by reason of the completion of the appropriations.

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B.
This Decree shall be filed with the Water Clerk and shall become effective
upon such filing.

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C.
This Decree shall be filed with the State Engineer and the Division Engineer
for Water Division No. 5.

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Entered this _____ day of ______________, 2009.

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BY THE COURT

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___________________________________
Hon. James Boyd, Water Judge
Water Division No. 5

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