Water Division 5 – Main Office P.O. Box 396 Glenwood Springs, CO 81602 DATE FILED: February 28, 2020 4:20 PM FILING ID: 5568D9E2F6155 CASEENGINEER NUMBER: 2019CW3130 DIVISION REPORT OF THE SUMMARY OF CONSULTATION CASE NO.: APPLICANT: 19CW3130 Crystal River Ranch Co, LLC STRUCTURE SUE'S FOUR MILE RESERVOIR NO. 1 SUE'S FOUR MILE RESERVOIR NO. 2 MCKOWN DITCH WDID 3815159 3815160 3800893 APPL. CLAIM Diligence Diligence Carrier Ditch The application was filed with the court on November 20, 2019. CONCERNS I cannot recommend approval of this application until the following concerns are addressed: 1. Any ruling in this case should list the source of the water out to the Colorado River. 2. Applicant should provide reports and other documents, which support the diligence activities performed within the relevant diligence period as claimed in the application. 3. The information in the application regarding the dimensions of Sue’s Four Mile Reservoirs Nos. 1 and 2 meet the definition of jurisdictional dams. Prior to constructing these dams, Applicant must submit plans and specifications for review and approval to the State Engineer’s Office. RECOMMENDATIONS Based on the above concerns, the State and Division Engineers ask that the Applicant address the issues discussed in this consultation prior to the Court granting diligence on any water rights. Applicant should submit the information requested in this consultation to the Division 5 Water Court. Date: February 27, 2020 SIGNED:____________________________________________ Alan C. Martellaro, P.E., Division Engineer Staff Assigned: James Heath P.O. Box 396, Glenwood Springs, CO 81602 P 970.945.5665 F 970.945.8741 www.water.state.co.us CERTIFICATE OF MAILING I hereby certify that on this 28th day of February 2020, a true and correct copy of the foregoing Summary of Consultation of the Division Engineer was served to the individuals listed below, either electronically through Colorado Courts E-Filing System or by first-class U.S. mail, as indicated: Kevin Rein, P.E., State Engineer Division of Water Resources 1313 Sherman Street Room 818 Denver, Colorado 80203 Electronically Served Porzak Browning & Bushong LLP Glenn E. Porzak 2120 13th Street Boulder, CO 80302 Electronically Served _____________________________________ P.O. Box 396, Glenwood Springs, CO 81602 P 970.945.5665 F 970.945.8741 www.water.state.co.us