Water Division 5 – Main Office

October 1, 2020
Boris Milvich
208 Little Elk Cr Ave
Snowmass, Co 81654
RE: Order to Curtail Undecreed Diversions
Dear Mr. Milvich
By statute, the state of Colorado gives the State Engineer and Division Engineers the sole authority
to administer, distribute and regulate diversions of the waters of the state (See Section 37-92501(1), CRS.
The Colorado River is currently under administration, meaning there is insufficient water to satisfy
the needs of senior water rights. Upstream junior water rights must be curtailed to meet these
needs. This includes both decreed and undecreed junior water rights. The pond on your property
do not have a decreed water right and thus is the most junior of uses in the system. The storage in
the pond causes depletions to the stream system that is out-of-priority, and therefore, must be
curtailed.
Pursuant to the authority vested in this office by Section 37-92-502, CRS, you and your agents,
employees, lessees, assigns and/or successors are hereby ordered to cease diverting water into the
pond in the quarter-quarters and at UTM coordinates noted below. Curtailment into the pond is
intended to eliminate new storage in the pond in the quarter-quarter and at UTM coordinates
below.
Pond: SE ¼ of the NW ¼ of Section 4, T 9 S, R 86 W, 6 th PM
327266 Easting and 4352021 Northing
Continued diversions or uses of water in violation of this Cease and Desist Order can result in legal
enforcement actions and could subject you to payment of all state costs, including reasonable
attorneys’ fees pursuant to Section 37-92-503, CRS.
This Order must be complied with within 10 days of receipt of this Order.

Alan C. Martellaro, P.E.
Division Engineer

ec: Bill Blakeslee, Water Commissioner- WD 38; 970-927-2288
Jake DeWolfe, Middle River Lead Commissioner; 970-355-4787

202 Center Drive, Glenwood Springs, CO 81601 P 970.945.5665 F 970.945.8741 www.colorado.gov/water
Jared S. Polis, Governor   Dan Gibbs, Executive Director   Kevin G. Rein, State Engineer/Director