IN THE STATE OF COLORADO DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT OF THE STATE OF ss IN AND FOR THE GARFn LD COLORADO COUNTY OF GARFIELD COUNTY THE MATTER OF THE ADJUDICATION OF PRIORITIES OF RIGHT TO THE USE IN WATER DISTRICT NO 38 OF WATER M D IN OF THE STATE OF COLORADO THE MATTER OF THE TWIN LAKES RESERVOIR A CORPORATION FOR AND CANAL COMPANY A DECREE TO THE INDEPENDENCE PASS TRANS OF IN MOUNTAIN DIVERSION SYSTEM shows and petitioner respectfully Your Q N to this represents honorable Court herein petitioner and rado existing It rado is office was mutual a incorporated and on its amendment regularly adopted corporate title IlThe Twin Lakes proper action of its has been extended inal articles of times since its and for the and and domestic its an was use a is to its corporate exis By ce fixed in in organization s it orig good standing the State of Colorado and has always owners of 56 000 P g IN t I T r j COUNTY MAY 6 2 Ibed2 Jj acres of DI STR1CT COURT IEllD GJR JJ existed of water supplemental supply 1 present and has been at all now organized to the an Company Canal period the it business in purpose of furnishing irrigation beyond incorporation petitioner 1913 Reservoir and Colo County changed by was Colo liThe Twin Lakes as November 10 incorporation Your name stockholders renewed and entitled to transact 2 on Crowle y 1897 corporate Company the of Ordway June 14 Reservoir your of the State of laws of the Town in the Company profit corporation organized non virtue by under and with its Reservoir and Canal The Twin Lakes That 1 COLORADO 1935 for Ie irrigated farm lands lying under and irrigable from the Canall principally 22 South 58 and in Townships twenty Ranges fifty six fifty nine 59 56 West fifty of the Colorado The stockholders of your this land and separate Company as its a not stockholders of ten but it individual lando No dividends is the who exists nners are paid Crowley County the are five hundred appear 10 00 on owners per been share 55 fifty records of said the shares of having but a poration co nominal corporation the operated for the purpose of only for the purpose of representing the in the operation said on amount which the fifty eight in M petitioner 56 000 never 57 twenty two capital stock of said The dollars and has organized profit said lands and seven 6th P approximately are fifty six thousand par value was of owners consists of or there 21 one COlorado stock of their and its irrigation system only source corporation collects from its whioh said stockholders annually levy on themselves of revenue stockholders in an amount which it is estimated will be sufficient to satisfy the ordinary expenses of maintenance and in which such assessments operation of its are levied system for the year and also for the purpose of paying any installments of principal and interest which may mature on its indebtedness 3 situated Your in Lake petitioner is the County Colorado storage of water for irrigation a total of 54 452 acre feet of the Twin Lakes and it holds decrees for owner in of water said reservoirs which decrees Reservoirs the amounting were to rendered under date of Colorado Water in 4 for and acres of land oated on entitled the domestic owner at 21 South Township W 426 feet it conveys on the 56 ir an wat said canal in Pueblo southwest of the aores of River corner 6th P approximately 000 Canal conveying headgate taken from when Colorado M the Arkansas in 56 000 is 10 County 00 S 58 and length River to the to which the of land for r of Section 2 bears 52 miles of water appurtenant are 5 The stockholders of The Twin Lakes Reservoir the being owners also above mentioned of date June water per is County 1111 Arkansas River to the the the 62 West Range the water the of the Arkansas Said canal laterals located Company in Water District No The from whence point a of from uses of Chaffee In the Matter of Priorities the purpose of above desoribed the North bank Colorado the District Court Irrigation Purposes It is also irrigation River in ditch constructed for rigation rights 1913 proceeding a Rights 14 July 3 own Colorado Canall an IS90 second of time 56 000 of the acres appropriation for which a total of water of 756 is taken out above mentioned and of the and Canal from the Arkansas of 28 cubic feet at the headgate to the lands conveyed land irrigated of the ir rigated thereby 6 Your propriation Colorado utaries petitioner of water on as Lost Man Tabor Gulch and West appropriation in Water the headwaters known is also the Fork of water on owner of that 38 of the Distriot No of the Creek Gulch August River and Lincoln Gulch New York 23 was 1930 first by its trib Gulch commenced surveys ap State of Fork Roaring Work 3 certain on said investigations measurements of the its of stream flow country the near tributaries and headwaters above named examination of the of The utary of the Colorado River herein an said Roaring Continental Divide water The point whioh the is made by your petitioner drainage a square miles at and trib a appropriation of water olaimed by your petitioner is collected from one Fork Riwer Roaring Fork River is and the comprises approximately fifty topography is at an at the area crest which of the diversion of elevation of approx id s imately 10 500 feet 7 The of the name system of your petitioner and its tributaries appropriation of water the on headwaters above named of the Line Pipe and described known Diversion Dam your and petitioner as claim filed in and claim for petitioner bel 22 in 1930 of stream flow near it is this said the set cause system forth are more and in your with this of the After further found that All of these Lincoln 2 Lincoln Gulch several units of fully describe petitioner an s A map petition appropriation of water office was and of the statement and first filed statement by your State Engineer of Colorado investigations surveys of on Oc1 measurements study of the topography of the country at and the headwaters was IITunnel No dimensions of each of said units whole a I is IIInde consists of York Collection Canal IITunnel No diversion s the locations and system New This 38 Lost Man Diversion Dam and as Roaring Fork Diversion Dam Gulch Connection Canal diversion Roaring Fork River in Water District No pendence Pass Trans Mountain Diversion System several units and the of the the Roaring Fork River and its tributaries proposed appropriation 4 of water would be 0 benefited and made extensions modifications built for the purpose 1931 your Colorado your applying as the to 23 as in 1930 all it said water bankers funds and Corporation an amount in described a said the thereof As made were further time from office of the and of its Your has been carried up to the continuously by your on time present of the United States other made physical but when which it but application made granted in a loan owing as August after to obtain works necessary application institutions financial and on petitioner difficult for your petitioner State actually and appropriation existing in the State of Colorado very OD system diversion conditions parts to and by your petitioner in the a Roaring Fork River and its tributaries construct the actual 1932 Engineer of 1930 other funds to divert to various brokers an effort without to borrow the success until in to Reconstruction Finance to your petitioner on May 9 1933 works here estimated to be sufficient to construct the On 2 enlarged and amended map and required to carryon said work October October August 23 waS to State diversion filed of water completing waters from since with which in appropriation the financial well the of water third and herein above set forth petitioner and petitioner its The work of 8 on study and investigation of the project Engineer of Colorado of its of the office and enlarged and amended map and statement of appropriation 1935 February 26 statement in the modifications and extensions said in the completing said diversion of water appropriation alterations enlargements of the structures to be and filed second and result of continued time of petitioner its said its practicable by making certain alterations more September contract with Platt Rogers 14 1933 Inc 5 your under petitioner entered the terms into of which the said contractor undertook to construct those units of your Independence Pass Trans Mountain Diversion System scribed and New as Tunnel No be used in 9 Collection Canal York together with the structures and appurtenances to I the several units comprising Pass Trans Mountain Diversion Canal Lincoln Gulch Diversion Dam and practically completed Gulch This above dam are intercepts said dam and of Lincoln lection Canal is Lincoln rectly East nel No 1 for a of Tunnel in reservoirs a by on the the lands o certain means said reservoirs The be very are water med have shortly now been ready flowing in Lincoln waters col intercepts the flow of all of which are point Or discharge of New York Col and the waters of Collection Canal then flow into the No 1 through said tunnel Colorado reservoirs to the as on di outlet of said Tun Creek or the Eastern down Lake Creek owned almost a the West Slope of tlle distance of by your petitioner Twin Lakes Reservoirs here Your pe headgate and dam at the lower end of these of which and when I added the Gulch Diversion Dam County above described and knovm owns will which The waters flow twelve miles to titioner Tunnel No the waters flow into Lake in Lake Continental Divide about and of all Inde s New York Collection System distance of 20 334 feet from which branch thereof Canal Gulch of New York intake or the flow above Lincoln Gulch and headgate or petitioner Tabor Gulch and New York Gulch Gulch tributaries now your to these waters lected in New York Collection West Fork de connection therewith Of use and known s Lincoln Gulch Diversion Dam pendence for petitioner the flow of water is controlled from the water so controlled is required for by the stockholders of your petitioner 6 the use same If the lands to the which Arkansas said ters w said through headgate to the t8 h of by owned IfColoradoCanallf applied to be are Valley which is through which the waters and Reservoirpll described thence conveyed and on of the herein above Colorado Canallf petitioner your Twin Lakes Fremont and Pueblo Chaffee of Lake Counties into the ArkansaS River flow channel in the natural will pass If below the immediately flows oaused to and will be released for beneficial use Within 10 titioner for of your petitioner Mountain Diversion System and which version Dam and Pipe Line If 2 No If and having Roaring Lincoln Gulch been obtained in Corporation a by sum which The additional water which will by Pass Trans Mountain Diversion will be to conveyed from which the scribed and from If the and ready petitioner point s in The cost Canallf of discharge and with If If Independence this paragraph the Lincoln Gulch Diversion Darn flow into Tunnel No preceding paragraph for use available for diversion Systemlf mentioned above Finance cost thereof the cover 1 herein above de of Tunnel No stored and used in the identical New York Collection 11 point will same will be oonveyed forth in the a from Reconstruction be made the units of your of completion the Tunnel additional funds estimated to is If Diversion Damlf Fork petitioner Pass Trans of IlLost Man Di consist Canalll lCOfectiofni your IlIndependence s pe oomplete construction of the works necessary to the remaining units the asked for by you few weeks bids will be a 1 manner said waters as set reference to the waters from Lincoln Gulchlf of the construction of has been approximately 7 the one units now million one completed hundred twenty five thousand dollars the units mentioned in the 125 1 000 and cost funds were of approximately obtained struction Finance through have loan made a Corporation livered be complete and your the more 2 000 to your herein above as 000 as trustee repaid over and a said sum or a These 000 petitioner by Recon set forth and as stockholders of your petitioner has executed and de mortgage to The Colorado National Bank of Denver a Colorado will authorized 875 two million dollars security for the repayment of said loan petitioner cost to preceding paragraph will be apprqximatel r eight hundred seventy five thousand dollars total the of two million dollars period of thirty years in annual Denver C 2 000 OOO installments with interest 12 petitioner That the amount of the from the said above named in for greater particularity as is fully set forth in petitioner and to which and all claim set forth are reference is of the matters and hereby re s state hereby made things in said affirmed and re alleged though here set forth at length 13 an of by your Roaring Fork River and its tributaries of claim filed herewith statement claimed together with the date thereof and the other matters connection therewith ment appropriation Your adjudication petitioner has not heretofore made application for of its to the priorities ing Fork River and its tributaries of water from use under any adjudication proceed ing that has been heretofore held in this Court claims of your petitioner 38 petitioner now on May 11 1889 but your the rights and having arisen long after the entry herein of the General Decree in Water District No rado the Roar 8 of the State of Colo desires to make proof in this 14 its tributaries the in Guloh is a 1935 order to of water canals tributary River itself and give is a that seasons of the Roaring on pri and Fork River said stream and to subsequent thereof 23 August have been here made year of the use of for of Colorado Roaring Fork of about that and its Colorado River its one at all flowing therein tributaries this on or within the of water which your proceeding square miles tributaries been ever appropriation in or is necessary or the that Lincoln I the Roarin and these times of water which is many which has the on represents of the beneficial purposes adjudicated fifty shows and Fork River and quantity entered jurisdiction Roaring of water River and seeks to have Fork River a further notice no further tributary amount of the area owners rights its said the dates this Court their tributaries have state to reservoirs and the reservoirs against which as from priority and petitioner Your 15 be and petitioner your of which 24 January required cess Mountai n which will the evidence accordance with the order of this Court in Colorado and oanals which have names Pass Trans and to of furnished to this honorable Court by the state Engineer tofore about by ditches of the Independence to in petitioner appropriation all its and fixing petitioner of your to law and ditches the is claimed are 1930 your That for orities by under of this Court decree a priorities according Diversion System be submitted secure and appropriated waters priority to rights the adjudicating the and proceeding and at all can of the said from the petitioner a now drainage headwaters of the Roaring Lincoln Gulch and Lost Man Creek 9 ex ever boundaries only streams in times probably affects Fork 0 Lincoln Gulch from West Fork together with the waters flowing into cated at the lies This Tabor Gulch and New York Gulch Gulch at of the Continental Divide crest very elevation of an degree any or claims for the either Roaring Fork River the for of water diversion or On the 16 that diversion the s in River project of your version System or of water a water an represents claimed here as normal for which lands supply are of the utmost bene has been past it to raise for the the irrigation there impossible crops to the ArkansaS for the can stock fullest extent for said lands that by the use or of the water River and its tributaries irrigation from the Roaring Fork petitioner in solely because of the insufficient supply of irrigation productive capacity and inadequately irrigated now of water from Reservoirs Twin Lakes petitioner yield of the area Pass Trans Mountq in Di supplemental supply insufficient the of your Independence Colo the by the stockholders of your petitioner for many years that holders owTIed a Colorado which have from be s from specifications plans rights State of Colorado shows and petitioner accordance with the petitioner lands to the River and of tributaries of the affect not any other or of exercise the use 58 appropriation of the will Crowley County of your of it into the drainage through the Continental Divide and Arkansa and contrary and all any beneficial any of its No rado River in said Water District is lo and will of water appropriations any other in fit and cannot rights claimed by your petitioner the in feet than IO 500 more area drainage of the lands be and will be owned by the stockholders greatly increased 10 the of your for That 17 ments will petitioner your file herein drawings and other information maps may be as state such other required by this honorable Court WHEREFORE a for several units thereof granted permission to make proof be and right for the beneficial other use from uses Pass Trans Mountain Diversion in of water several the Project connection with the sources of and rights of your petitioner in and to the supply regulatory basins said tunnels the and Independence structures and the prays appropriation of domestic irrigation units of its petitioner petitioner That your priorities of its for Your canals ditches head dams therewith and in and to th gates and other structures in connection waters to be diverted more set particularly titioner b this filed in thereby and to be released therefrom forth cause That upon the of this Court a in the or statement of which your deoree be petitioner be evidence which may divert under entered herein said decree to be just adjudicating and determin to use of said water justly entitled under the laws and the produced herein and which your petitioner Pass Trans Mountain Diversion conditioned in such manner as to the may Systemll Court may seem and proper c as is Independence its petition making of such proof to the satisfaction to the ing the rights of priority of appropriation to is claim of your pe with this proceeding as That it the Court may be given such other seem just and further and upon a different relief hearing 1 a r T 7 e for Petitioner 11 STATE OF COLORADO ss COUNTY OF CROWLEY John H Cowden I and poses That says ervoir and Canal named that as therein mation set and he is the Company a petitioner are true 1935 petitioner above on that he has read and knows the and that the matters and thingS infor according to his best knowledge belief Subscribed and D oath de this verification for and c7e cil upon his of The Twin Lakes Res the corporation foregoing petition forth sworn president such officer he makes behalf of the said contents of the being first duly sworn to before My commission expires me U4f If d J1 t 2 this JfJ C2 23 Pf I Yl Notary c 12 day of April e PUbliC e h if IN THE DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT OF THE IN AND FOR STATE OF COLORADO THE COUNTY OF GARFIELD STATE OF COLORADO ss GARFTfILD COUNTY OF 3082 NO IN THE MATTER OF THE ADJUDICnION OF rER WA PRIORITIES OF RIGHT TO THE USE OF OF THE STATE 38 IN WATER DISTRICT NO AlJD IN THE ffiATTER OF THE OF COLORADO LAKES RESERVOIH PETITION OF THE IN TJi AND CANAL A DECREE MOUNTAIN A CORPORATION COMPANY 0 THE INDEPENDEi CE P A DIVERSION SYSTEM That claimants of water for irrigation and of said claimants water out name was of the feet 258 said in of water feet of water per cubic feet Canal other and Company of a numerous right to in the State of Colorado Reservoir and Canal 38 Fork a and River the its priority second of time Der was awarded of of 1930 23 being that Systeml1 total the said decree of which 367 cubic decreed to be absolute was second of time wcs one being tributaries second of time per as appropriation said claimant by virtue awarded to of lNater an Company dating from August and to said VThich for decree Transmountain Diversion of water to awarding cause entered Court purDoses awarded was this proceedings priorities District No ditch to Pass cubic 3 62 entitled relati ng bad 4 31 Independence quantity above of the Roaring Priori ty No the the The Twin Lakes That 2 1936 August V ater in ir and Reserv about appearing use THANE or on in decree general 3URMIT FUHTHER PROOF TO FOR and represents to this honorable Court shows respectfully 1 T vin Lakes The nov Comes APPLICATION FOR PERMISSION and decreed to be conditional 3 That The Twi said claimant continuously since el the n La TJroTJriated date es of the Reservoir used and FILED IN DISTRICT COURT Car1ieJ County Colorado MAJ 61944 sW iiiiiKJ entry 1 and applied of said Canal to decree Company beneficial the has purposes in accordance with it appropriated by has during operated the of said the 510 cubic and is feet uses in per That has decree exercised comnletion of its and progress units SystemTf as said absolute of this beneficial use of said the in diligence said to said the 625 times said the appropriation aforesaid Headgate 1 approximately of which has said claimant of its statement Heservoir stock cubic Independence Pass said of the and completion conditional Canal entry of still is to exercise such and now and prosecution of water of water so diligence of all of the Transmountain Diversion Quantity of water awarded cubic feet to of claim and is priority been per to it second of time condition Said claimant prays permitting of the the continue entire all its all date of the appropriation construction without Court of time at only approximately 115 since of its WHEREFORE that times to wit and and original its benefit Tunnel of the lands The Twin Lakes will make decree aDplied by said due the of its said decree and things through and use of its second of time i th its second intends in several v Portal nd e the matters and diverted of enlarged and has use of water use entry and to it irrigation Court at all and it West Del the the Company engaged of the of the the the said decree by to obtain in rights actually the for decree of this 5 avmrded so accordance of water effort diverted being beneficial improved of water feet now repaired reason being same to it date an to right since the its claimant has 1 the by the adjudicated priority That decree in exercised if holders year and works diligently the each and maintai ned structures of all said it to submit appropriation 2 for the further entry of an order proof of its awarded to it and further by proof of its IIndependence fixed and for and just Pass orders thereon of the prosecution and premises of entry to as that a suqh other the Court s date be may seem considered eyfofor Claimant of its completion System the for reference thereto with the proper the Transmountain Diversion the hearing further in diligence t Address Ordway Colorado Address Ordway Colorado STATE OF COLORADO ss COUNTY OF CROWLEY Charles depos and s H Auckland Company entitled for and knows action on the best a the duly or proceeding behalf of the things knowledge the saj d of the claimant named he makes that set forth 1944 oath are true My and the above verification and and that according the to his information ancl belief Subscribed D in this foregoing application therein Reservoir that he has read claimant a b A upon his sworn President of The Twin Lakes Corporation contents matters and first says That he is Canal being and sworn commission to before me expi re s Ji J this 4 Z f day I T I 7 rf A jj Notary 3 l vc Public of March