or 5 IN THE DISTRICT COURT IN AND FOR THE A I COUNTY or GARFIELD AND STATE OF COLORADO A N0. !>613 A A IN THE MATTER OF THE SUPPLEMENTAL A A A ADJUDICATION OF THB PRIORITY J: PRIATION OF WATER FOR ALL BENEFICIAL . . PURPOSES, IN WATER DISTRICT NO. 38, A IN THE STATE OF COLORADO. A A Rosskr L. BRIDGES, OF THE A ESTATE OF TUCKER MGCLURE, Deceased, V. and M. STANLEY PINGS, . A Petitioners. A Findings of Fact having been made by the Court herein, and sudh A A Findings of Fact having been filed with the Clerk of this Court, ini theA . A. manner provided by law, and an Order having been made and entered herein, AA fixing the 12th day of May, A. D. 1958 as the day for the hearing and cod: I sideration of such objections and exceptions to said Findings as may be A I filed herein, and due and proper notice thereof having been given to aT]; A A persons entitled to notice thereof, and gs exceptions or objections having A been filed thereto, and the Court having ordered that decree be entered A A . . herein in accordance with the aforesaid Findings, and the Court ncwibeinig i fully advised in the premises, AA IT IS ORDERED, ADJUDGED AND DECREED: 1. That this is supplemental general adjudication proceeding I A with reference to water rights in Water District No. 38 of the State A A I Colorado; that prior hereto certain general adjudication proceedings in. A said District have been conducted and concluded by a Decree, the Alast A A . A mediately preceding decree having been duly entered by the Court on; thd; . do ?r coroner, 1952 . if A 2. That el]. conditions precedent to the entry of the Decree hi?iein . have been fully performed and complied with and the Court has A .A over all parties in interest herein and of the subject matter oi ceeding and of each ditch or other structure hereinafter namedI3. That the ditches, reservoirs and other structures which heretofore have not been awarded a ditch number by prior decrees 1?:th1s_ Court and have not had their priority rights adjudicated heretofore; buti entitled to be awarded priority rights, are as follcwa, to-wit #9 3. That this Decree determines and establishes the several. priorities of right, by appropriation of water, of the several reservoirs and other structures in said water district, I testimony has been offered, each according to the time of its cons-truction, 1 or the time of any extension or enlargement thereof, as the case be,_ .4 with the amount of water which has been appropriated by such construction and by such extension and enlargement, if any. The right to diverthwater is hereby decreed in cubic feet per second of time, and the right tb stdre. A water is hereby decreed in acre feet. VV 1 4. That the amount of water awarded to the several ditches, 4 reservoirs and other structures hereinafter mentioned, and to the several. priorities connected thereto or therewith, has been beneficially applied and used in the irrigation of the lands under said ditches, reservoirs er other structures, or for such other purposes as are set forth hereih, I except as to conditional appropriations, and that the amount of water so . awarded to each of the several ditches, reservoirs or other structures :1?sV necessary and essential to the proper irrigation of the land: covered tlierehyg; wand to the profitable production of crops thereon, or for the particular A beneficial purposes herein set forth, and that under the evidence shbmieted I herein, said amount of water has been appropriated, used and applied td beneficial use in each and every case, except as to said conditioneleyi- propriations. 5. That by reason of the application of said quantities weter . so awarded to the several ditches, reservoirs or other structures tp va bene- ficial use therethrough or thereby, the claimants and penties lla lawfully entitled thereto have acquired a vested property right to the mise; . I of such water under the Constitution and laws of the State of Colorado,-VA and of the Constitution of the United States of America. . 6. That nothing herein contained shall be held, deemed ug construedxi to change the date of appropriation, or the volume or quantity of whter . . L, . 3 iz A with which water escapes through the bottom and sides of the ditches, many of which are constructed along steep side hills or steep terrain? the readl- . ness with which water escapes into and under the soil during the prhces? of A . irrigation, and the fact that many of said appropriations are for whterfwhich is available for only relatively short period iu the spring of eahhyaar, no definite ratio for the use of water in general can be established because the duty of water varies greatly in different localities and with aszelene formations and ditches and other structures, and therefore the amouhts awarded .V in this decree are based on demonstrated, established facts and acthal proof of the necessities for water under the several claims; that the ditphesi A . reservoirs and other structures involved herein are hereby decreed a peleuiy; 4 right for the quantity of water necessary to profitably produce crops, or for other purposes as hereinafter set forth, without unnecessary waste.: ll. That where the letters "cfs", or "cu.ft. per sec.}? are i 2 used in this decree, said letters and contractions are used and shohld construed as abbreviations for "cubic feet of water per second of and that the letters "Ac. and as l1SE?l_ . herein shall be contrued as abbreviations for ;"acre feet". 12. Ihst the ditches, reservoirs or other structures heretofore. . awarded numbers by prior decrees in this court, and which the Court: has jfound JV are entitled to additional decrees and priority rights under the filidirlps 'ofVV VV . fact filed herein, are as follows, to--wit: . 2 ie NWGBER OF FROM WHICH SUPPLY DITCH NAME OF DITGH WATER IS DERIVED 500 PIPELINE NO. 2 DITCH CREEK 501 LAKE DITCH NO. 1 CREEK 502 Sc SPRING AND PIPELINE 503 AND DITCH: ROARING FORK RIVER 50*4 FISH PONDS and TRIBUTARY TO MARDCN CREEK 505 PIPE LINE NO. 1 506 PIPE LINE NO. 2 TRIBUTARY TO MAROON . 507 NO. 1 SPRING, PUMP AND 508 PIPELINE GREEK 509 RANCH DITCH NO. 2 TRIZBUTARY T0 FHYING RIVER 510 DIVIDE PROJECT RIVER, FOUR THREE MILE, PHYS, GNL, . HAWK AND KLINE . UNNAMED TRIBUPAHIES I 511 BASALT PROJECT PAN NAMED AND ABOVE DAM ALL AND DRAINAGE OF BASIN ABOVE SAID MM 2 512 PERRY DITCH TRIBUTARY TO SNOWMASS 513 VOORHEES DITCH AND VOORHEES SPRING A FISH PONDSye-: 1:1 *014*111-1 1-1 1-1 *1*11111641 PUUH 51- rh-1-nsummv 2; 1-11MIND 1111Dgfiflh o<1 *1--o1 1-I I . WEST DIVIDE PROJECT 'l 2 Appropriation Priority No. 715 I Project No. 510 It And more particularly in regard to the West Divide l. i Project, it is hereby ORDERED, ADJUDGED AND DECREED as follows: A I I. Said West Divide Project consists of and includes the following features and units, located in Water District No. 38, Irrigation Division No. 5 of the State of Colorado: RESERVOIRS. Unit No. 1, Placita Reservoir; Unit No. 2, Osgood Reservoir. CANALS AND SIPHONS. Unit Nc. 3, Avalanche Canal and Siphon,. I POWER mms. lg Units Nos. 5 and 6, Placita Power Plant . and Avalanche Power Plant. . 1 TUNNELS. Unit No. 7, Garfield Tunnel a I (Only partly located in said Water District No, 38). . All of said units are interrelated and interdependent; and by means thereof, water appropriated by and for said West Divide Project is to be utilized for those certain beneficial I uses and purposes hereinafter more specifically described. II. The sources of supply of said West Divide Project, .and of the units thereof, which sources are located in Water District A 108 I I a No. 38, Irrigation Division No. 5 of the State of Colorado, are as follows; A i I l. Unit No. 1, Placita Reservoir. The River, at i all tributaries thereof entering said stream above the darn I of said Reservoir, and all surface runoff and drainage enter?i A ing said Reservoir around its perimeter. 2. Unit No. 2, Osgood Reservoir. The River; Coal Creek, Hays Creek, East Creek, Hawk Creek, Kline Creek and all tributaries thrreof entering said stream above the dam fof said Reservoir, and all surface runoff and drainage enter;-;_ A i ing said Reservoir around its perimeter. I 3. Unit No. 3, Avalanche Canal and Siphon. Water ine pounded in the Placita Reservoir and Osgood Reservoir; River; Avalanche Creek at headqate #2 of said Avalanche Canal: and Siphon, hereinafter specifically located. 4. Unit No. 4, Four-Mile Canal and Siphon. Water A impounded in the Placita Reservoir and Osgood Reservoir; . stal River; Four?Mile Creek and Three--Mile Creek; all nazned i and unnamed tributaries of the Roaring Pork River intercepted 5 along the course of said Four--Mile Canal. 5. Units Nos. 5 and 6: I gi Placita Power Plant. Water impounded in the Pla- i cita Reservoir; and all normal and flood flow of the A {Jr River at the site of said power plant. Avalanche Power Plant. Water impounded in the i Placita Reservoir and the Osgood Reservoir; all normal and it flood flow of the River at the site of said plant. iv 6. Unit No. 7, Garfield Tunnel. All waters which form I the sources of supply of and for units numbered l, 2, 3, . and 6, hereinbefore specified, all of which waters will be i diverted into and will flow through said Garfield Tunnel 0 3 4 A 111. The point of diversioniof the ditches and other v_ . structures for diverting water are severally described follows: I A Unit No. 3, Avalanche Canal and Siphon: it Headgate being the initial point of diver-? . sion of said Avalanche Canal and Siphon,v is located on tlie i right bank of River at a point whence the witness cor-t ner at the SW corner of Secbears No. 9' W. 546 ft., said point being at the outlet of . A the Osgood Reservoir. Headgate being the second point of diversion of said Avalanche Canal and Siphon, is located on the rigiht bank of Avalanche Creek at a point whence the West quarter i .A corner of Secbears No. . 67? l5' W. a distance of 4538.1 ft. Unit No. 4, Four-Mile Canal and Siphon. The initial headgate and point of diversion of said Four-Mile Canal and I Siphon is located on the left bank of River, at the outlet of the Avalanche Siphon, which is located in the Secaddition, headgatesl I and points of diversion of said Canal and Siphdn are located on Pour-Mile and Three-Mile Creeks at the point ogf in- terception of said said Canal. A A Units Nos. 5 and 5, Placita and Osgood Power Plants.; W, No diversions of water are to be made by the Placita or Ojsgood Power Plants independently of or separately from the diversions made in connection with and as a part of the Placita Reservoir; the Osgood Reservoir and the Avalanche Canal and Siphon. A Unit No. 7, Garfield Tunnel. No diversion is tot be-` made by said Garfield Tunnel independently of diversions jnade. . 110, i and storage accomplished by means of Units Nos. 1, 2, 3 and of said West Divide Project. 1 Tv'. n- . The location of the Reservoirs and other structures for stored water, of said West Divide Project, are as follows: I Placita Reservoir. Said Placita Reservoir is to: be located in and will inundate portions of Secs. 6 and 11.SM., and parts of SecsPitkin and Gunnison? Counties, Water District No. 38, Irrigation Division No. lofi- the State of Colorado, its exact location being more partioular~ ly described as follows: A The dam of said Reservoir is to be located in the 4 SecM., the exact location 0 thereof being described as follows: The initial point of survey is on the right abutment of said dam whence the A So. quarter corner of SecW., --6th P. M. bears No. 8c? 55' West a distance of 1747 ft. . I 2. Osgood Reservoir. The said Reservoir is to be located in and will inundate parts of Secs. 16, 17, 18, 2-W., and Sec. 6, Tp. 11S., R.j88 W., 16th P. M., all in Pitkin County, Water District No. 38, 1 Irrigation Division No. 5 of the State of Colorado, its exacti location being described as follows: 0 The dam of said Reservoir is to be located in the of Sec. 16 and the of SecW., M., its exact location being described as follows; A . The initial point of survey is on the left 1 abutment thereof whence the witness corner of the SW corner of Sec. 9, Tp. 10 S., R. 28? East a 2 5 1 111 V. The purposes for which the water diverted, stored i 1 and utilizedby means of said West Divide Project, and byits 1 A respective component parts and tunits, will be used as follows: 1. Generation of electric energy. A 2. Domestic and municipal purposes. a 3. Industrial purposes, including but . not limited to the production of oil from shale. I 4. Irrigation purposes. 2 1 5. Stockwatering purposes. The priority date of and for said West Divide Project and of and for each and every of the units and component jparts A thereof is April 22, 1957. VEI. The respective amountsrof water claimed by and i by awarded to said West Divide Project and to its respective; units and component parts are as follows: 1. By storage in the Placita Reservoir, 2,701,0%,303 4 cu. ft. or 82,009.0 acre feet. 2. By storage- in the Osgood Reservoir, cu. ft. or 128,728.7 acre feet. I 3. To the Placita Power Plant by direct diversion', I and flow, 1000 cu. ft. of water per second of time, independent of water released from storage in the Placita Reservoir.- ve I 4. To the Osgood Power Plant by direct diversion and flow, 1000 cu. ft. of water per second of time, of water released from storage in the Placita Reservoir and Osgood Reservoir. 5. To the Avalanche Canal and Siphon by directs divere sion, the following amounts; 1 1000 cu. ft. of water per second of time from the River, 1000 cu. ft. of water per second of time from. Avalanche Creek, The aggregate amount of water claimed from aid sources, 1000 cu. ft. per second of time, may be derived from either or both of said sources. Of said aggregate amount, . 170 cu. ft. per second of time is delivered to the Avalanche Power Plant, and thence discharged into the River; and the remaining 830 cu. ft, per second of time is discharge; . A ed into the Pour-Mile Canal. A 6. To the Four-Mile Canal and Siphon by direct diverr sion, an aggregate of 830 cu. ft. per second of time from the. following sources; From Avalanche Canal and Siphon, and of the waters claimed in connection therewith, 830 cu. ft. of water per second of time. (bl From Four-Mile Creek, 200 cu. ft. of water per second of time. From Threey--Mi1e Creek, 200 cu. ft. of water per i second of time. i The aggregate amount of water claimed, 830 cu. ft. I per second of time, may be derived from either or all of said source . IT IS, THEREFORE, HEREBY FURTHER ORDERED, . AND DECREED as follows: I an l. That the West Divide Project is entitled to a conditional priority, to be known and designated as Appropriag Project No. 5].0 in Water District No. Irrigation Division No. 5 of the State of Colorado, as of the date of April 22, 1957; that there be allowed to be stored in the several reservoirs which are unit-s and component parts of said West Divide Project, the respective amounts of . water hereinafter specifically stated in connection with each thereof, for the use and benefit of the persons lawfully ent titled thereto, and for the uses hereinafter specified; and that there be allowed to flow into the several intakes and headgates of the units and component parts of said Wests VV Divide Project, by means of which water is diverted from the natural treams within said Water District N0. 38, the follow; ing respective amounts of water, for the use and benefit of the persons lawfully entitled thereto, and for the uses heres inafter specified, to-writ; By storage in the Placita Reservoir, from the waters of River, and from the waters of all thevnamed and unnamed tributaries thereof entering said stream above the dam forming said Reservoir, and from all surface runoff; and drainage around the perimeter thereof, 2,701,0%,303 cu, ft. or 62,009.0 acre feet. By storage in the Osgood Reservoir, from the waters of the River, and from the waters of allnamed and unnamed tributaries entering said stream above the locag tion of the dam forming said Reservoir, and from all surface runoff and drainage around the perimeter thereof, $,607,423,8% cu. ft. or 128,728.8 acre feet. From the River, all named and unnamed- . tributaries thereof entering said stream above the location of the dam forming the Placita Reservoir, all surface runoff and drainage around the perimeter of said Reservoir and from 114 Avalanche Creek, the aggregate amount of 830 cu. ft. of water per second of time, independently of water stored in saijd Placita Reservoir, through and by means of the Avalanche Canal and Siphon for irrigation and for associated domestic. and stockwatering purposes. 4 Prom the River, from all named and named tributaries thereof above the location of the dam jfornge ing the Osgood Reservoir, from all surface runoff and drainq age around the perimeter of said Reservoir, and from Avalanche it Creek, the aggregate amount of 830 cu. ft. of water per .secomd_. of time, through and by means of the Avalanche Canal and Sipg hou, for irrigation and associated domestic and stockwatering purposes. From the River, and from Four?eMile Creek and Creek, through the Pour-Mile Canal and Siphon, an aggregate of 830 cu. ft. of water per second of time, divided as follows: Prom the Avalanche Canal and Siphon, 830 cu. I ft, bf water per second of time. (2) From Four-Mile Creek, 200 cu. ft. of water per second of time. (3) Prom Three-?Mile Creek, 200 cu., ft. of water per second of time. A The aggregate amount of water which shall be permittg ed to flow into said Four?-Mile Canal and Siphon, 830 cu. ft. of water per second of time, may be derived from either, any I or all of said sources. 2. That the West Divide Project is entitled to a conditional priority, to be known and designated as Appropria- tion Priority No. 715, Project No, 510, in Water District No. I 115 . 38, Irrigation Division No. 5 of the State of Colorado, as of the date of April 22, 1957; and that there be allowed to flow into the several intakes and headgates of the units and con; I ponent parts of said West Divide Project, and to stored A in the storage facilities of said Project, to-wit: the Placita Reservoir and the Osgood Reservoir, the amounts of water herein awarded to said units and facilities, for the- use and benefit of the persons lawfully entitled thereto, for the following purposes: A 1. Irrigation purposes. 2. Generation of electric energy. .. 3' . 1 shale, 4. Domestic and municipal purposes. . Stoclcwatering purposes. PROVIDED, IBDWEVER, that the priorities of right to the use of water herein and hereby awarded to said West Divide Project and to each and every of the units and component parts thereof, for any and all of the above specified beneficial uses and purposes, shall be and are conditioned upon the appli; cation of said water to the beneficial uses for which said dey crees were awarded with reasonable diligence and within a? reasonable time. . I 11g 15. That the coat of publishing, mailing or otherwise serving the original notices shall be apportioned and taxed among all of the i claimants herein, in proportion to the number of ditches, reservoirs and I other structures with reference to which decrees are herein entered, the owner or claimant of each ditch, reservoir or other structure, withlrefer- ence to which a decree is herein entered, to pay that portion of thetotel . I cost which one bears to the total number of said ditches, reservoirs and I other structures. I 16. That any owner or claimant of a ditch, dther? structure, or of any interest therein, shall receive from the Clerkiof the;. Court on payment of reasonable fee therefor, which the Court herehy fiices as the sum of One Dollar, a certificate under the seal of the Gourtishowinglv I the date or dates and the amount or amounts of appropriations adjudgedih favor of such ditch, reservoir or other structure, under and by virtue the construction, extension and enlargement thereof severally. lv TH, Dated and signed in Chambers in Glenwood Springs, I/Colorado, this Z0 day of A. D. 1958. BY nm count; . . . . s'