DISTRICT COURT, WATER DIVISION

COLORADO,SEPTEMBER 2020 WATER RESUME PUBLICATION

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of SEPTEMBER 2020 for each County affected.

20CW3132 SARA AND JONATHAN BOTKIN, MOUNTAIN MUTUAL RESERVOIR COMPANY, and NORTH FORK ASSOCIATES, LLC; Sara and Jonathan Botkin, 16689 Newport Ct., Brighton, CO 80602; Email: sarabotkin@gmail.com; Telephone: 334-447-8201; Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, CO 80439; Email: norm@hch2o.com; Telephone: 303-989-6932; and North Fork Associates, LLC, 2686 S. Yukon Ct., Denver, CO 80227; Email 613blatch@gmail.com; Telephone: 303-988-7111. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301; Email: asl@vrlaw.com; Telephone: 303-443-6151. APPLICATION FOR STORAGE WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION including EXCHANGE IN PARK COUNTY. CLAIM NO. 1: APPLICATION FOR STORAGE WATER RIGHT 2. Names of Reservoir: Greater Botkin Pond 3. Location of Reservoir: Greater Botkin Pond is located in the SE1/4 SE1/4 of Section 10, and the NE1/4 NE1/4 of Section 15, Township 9 South, Range 78 West of the 6th P.M. The dam is located 150 feet from the east section line and 80 feet from the south section line of said section. The Greater Botkin Pond is located on Unit 1, Lot 26, Park City South Subdivision, a/k/a 297 Park City Road, Alma, Colorado 80420. This point is also described as UTM Zone 13, NAD 83, 406155 easting and 4347821 northing. The location of the Greater Botkin Pond is shown on Exhibit A. 4. Source of Water: Greater Botkin Pond is an on-channel reservoir located on an unnamed creek, tributary to Mosquito Creek, tributary of the Middle Fork of the South Platte River, tributary of the South Platte River. 5. Date of Appropriation: July 15, 1995, by construction, storage, and beneficial use of water in the Greater Botkin Pond. 6. Amounts Claimed: 1.2 acre-feet, ABSOLUTE. 7. Surface Area and description of dam: 0.45 acres. The length of the dam is 50 feet and height of the dam is 5 feet. 8. Uses: Recreation, piscatorial, wildlife propagation, and fire protection. 9. Names and Addresses of Owners of Land on which Structures are Located: Co-Applicants Sara and Jonathan Botkin. CLAIM NO. 2: APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION INCLUDING EXCHANGE 10. Names of Structures to be Augmented: Greater Botkin Pond. 11. Water Rights to be Used for Augmentation Purposes: a. The Botkins have entered into a contract with North Fork Associates, LLC to purchase 13.4 shares of the capital stock of the Mountain Mutual Reservoir Company (“MMRC”). The 13.4 shares represent the right to receive 0.422 acre-feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders to be used in this plan for augmentation (“Augmentation Sources”) are summarized as follows: (1) Guiraud 3T Ditch. MMRC owns 3.481 cubic feet per second of the water rights decreed in the Guiraud 3T Ditch as follows:

Adjudication Date              Appropriation Date           Amount

Oct. 18, 1889                      July 1, 1867 20 cfs

(Original Adjudication Water District 23)

The Guiraud 3T Ditch headgate is located on the South bank of the Middle Fork of the South Platte River in the NE1/4, Section 8, Township 11 South, Range 76 West, 6th P.M., Park County, Colorado, at a point whence the Northeast Corner of the NE1/4 of said Section 8 bears North 63° 35” East, 1,305 feet. Originally decreed for irrigation uses, this water right has been subject to various change proceedings. Past decrees have determined the average annual consumptive use under the Guiraud 3T Ditch to be 21.82 acre-feet per year per 1.0 cfs. The yield of Guiraud 3T Ditch is attached as Exhibit B. (2) Lower Sacramento Creek Reservoir No. 1. North Fork Associates owns a 21.8 percent interest in the Lower Sacramento Creek Reservoir No. 1. The reservoir has been constructed and holds the following decree for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries.

Adjudication Date                                      Appropriation Date                Amount (AF)

1974: Case No. W-7741-74                     July 25, 1974                            40

The reservoir is located in the NE1/4 NW1/4, Section 32 and the SE1/4 SW1/4, Section 29, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. Releases from the reservoir are made pursuant to the decrees issued in Case Nos. 84CW250 and 85CW465. Guiraud 3T Ditch water owned by MMRC is stored in the reservoir pursuant to an exchange decreed in Case No. 96CW287. The allocation of storage in the Lower Sacramento Creek Reservoir is attached as Exhibit C. (3) Maddox Reservoir. The Maddox Reservoir is located in the NE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. in Park County. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish culture and recreation with a capacity of 54.0 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River in the NE1/4 SE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. and decreed as an alternate point of diversion for the Slaght Ditch. (c) The augmented structures and augmentation supplies are shown on the maps attached as Exhibit A. 12. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(a)(2) and §305(8): Evaporation from the Greater Botkin Pond, located in the SE1/4 SE1/4 of Section 10, and the NE1/4 NE1/4 of Section 15, Township 9 South, Range 78 West of the 6th P.M, will be replaced using the Augmentation Sources listed in paragraph 12, above. Evaporation losses from the Greater Botkin Pond have been determined using the criteria described in the “General Administration Guidelines for Reservoirs,” dated October 2011, published by the Colorado Division of Water Resources. The net annual evaporation rate at the Greater Botkin Pond has been determined to be 11 inches, based on a gross evaporation rate of 36 inches, adjusted for the fact that the surface of the Greater Botkin Pond is frozen from December through March and effective precipitation. In addition, because the pond is on-stream, required augmentation of evaporation is offset by claiming credit for 50% of the footprint of the pond formerly being sub-irrigated by grass and willows pursuant to §37-84-117(5), C.R.S. The evaporation calculation provided at Exhibit D, attached hereto, demonstrates that the net evaporation to be replaced pursuant this augmentation plan, based on the maximum surface area of 0.45 acres at all times, will require 0.422 of an acre-foot of replacement water as is shown in the table below.

Use

Total Quantity of Replacement

CU Rate

Replacement: Winter

Replacement: Summer

Evaporation

0.422 af

100%

0.122 af

0.300 af

The monthly depletions are as follows in acre-feet:

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

.000

.000

.000

.000

.000

.061

.044

.072

.071

.054

.059

.061

a. In order to assure that sufficient augmentation water will be available to augment the anticipated stream depletions, 0.019 of a cubic foot per second of the Guiraud 3T Ditch priority, yielding 0.422 of an acre foot of water per year, will be reserved for use in this plan for augmentation. b. Whenever possible, out-of-priority depletions to the stream system which occur during the period May through September 31, inclusive, will be continuously augmented by MMRC foregoing the diversion of a portion of its Guiraud 3T Ditch water rights. During times when the Guiraud 3T Ditch water rights are not in priority and during the non-irrigation season, out-of-priority depletions will be augmented by releasing water from Lower Sacramento Creek Reservoir. Applicants are entitled to store up to 0.122 acre-feet in Lower Sacramento Creek Reservoir. Applicants will store a portion of the Guiraud 3T Ditch priority in the Lower Sacramento Creek Reservoir, pursuant to the exchange decreed in Case No. 96CW287. c. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases of short duration. Transportation charges from the point where water is released from MMRC’s facilities to the stream system, to the point of depletion from the subject wells, will be computed on the basis of 0.13 percent per mile. d. Applicants seek changes in the decree for the Guiraud 3T Ditch so that 0.019 of a cubic foot per second of said Decree can be assigned as an in-stream augmentation credit to offset depletions from the subject wells. Applicants also seek judicial confirmation that the Guiraud 3T Ditch water can be stored in the Lower Sacramento Creek Reservoir No. 1, and that storage water available to them in the Lower Sacramento Creek Reservoir No. 1 can be utilized for replacement and augmentation purposes. Releases from Maddox Reservoir will be used as an alternative to Lower Sacramento Creek Reservoir if necessary. e. Since the point of depletion associated with water usage at the subject development is upstream of the point of delivery of augmentation water from the Guiraud 3T Ditch and the Lower Sacramento Creek Reservoir, Applicants assert a right of water exchange pursuant to C.R.S. Sections 37-80-120, 37-92-302(1)(a), 37-92-305(3), and 37-92-305(5) to be operated in conjunction with the augmentation plan described in this Application. The reach of the substitution and exchange shall extend from (a) the former headgate of the Guiraud 3T Ditch in the NE1/4, Section 8, Township 11 South, Range 76West and (b) the outlet of the Lower Sacramento Creek Reservoir in the NE1/4, NW1/4, Section 8, Township 11 South, Range 76 West of the 6th P.M., thence up the Middle Fork of the South Platte River to its confluence with Mosquito Creek in the SW1/4 NW1/4, Section 18, Township 9 South, Range 77 West, thence up Mosquito Creek to the confluence with an unnamed creek in the NE1/4 SW1/4, Section 11, Township 9 South Range 78 West, thence up the unnamed creek to the point of depletion in the SE1/4 SE1/4, Section 10 and the NE1/4 NE1/4 of Section 15, Township 9 South, Range 78 West of the 6th P.M. In the event that there is an intervening senior water right that precludes the exchange the Applicants can either have replacement water delivered by truck to the point of depletions or have an on-site container from which replacement water may be released. The substitution and exchange will operate to replace depletions to the flow of water in the stream system as the depletions occur. The exchange will be administered with a priority date of September 24, 2020, at a maximum flow rate of 0.001 of a cubic foot per second. WHEREFORE, the Applicants request the entry of a decree approving this Application, including but not limited to (1) granting the appropriations sought in this Application, (2) authorizing use of the augmentation supplies sought in this Application, (3) determining that the source and location of delivery of augmentation and replacement water are sufficient to prevent material injury to vested water rights. (9 pgs., 4 Exhibits)

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS

CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of NOVEMBER 2020 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

As published in the Park County Republican and Fairplay Flume on Oct. 16, 2020

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