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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant) > Street Address / General Location of Property: TBD County Road 209, DeBegtP CO > Legal Description: See Exhibit B of attached Narrative Description > Existing Use & Size of Property in acres: Agriculture/49.228 acres > Description of Special Use Requested: Shooting Range Facility D Zone District: R/L Gentle Slopes and Valley Floor ➢ Name of Property Owner (Applicant): CNR Shooting Sports, LP > Address: 4901 Vineland Road, Ste. 650 > City: Orlando State: FL Telephone: 407-996-9961 Zip Code: 32811 FAX:407-996-9998 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): Balcomb & Green, P.C. > Address: 818 Colorado Ave. ➢ City: Glenwood Springs Telephone: 970-945-6546 State: CO Zip Code: 81601 FAX:970-945-8902 STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: RECEIVED APR 0 6 2007 GARFIELD COUNTY BUILDING& PLANNING APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.qarfield-countv.com/buildinq and planninq/index.htm or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (50) days prior to the hearing date and is the sole responsibility of the applicant to poet the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval Is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. CNR S �.g .orts, LP ' cc 009— ignature of applican' .wner) Lest Revised; 02/2000 Byt Richard C. Kessler, President of Colorado Nature Ranch, Inc., a Florida corporation, its General Partner #6-!: - Scgte In Feel Roar r 1 RIO B1fANCO.000NTY GARFIELC aOUNTY • bARF)ELG. dNEBA' GCuNTY DE BEQUS4 PO Box 1301 COLORADO Rifle, CO 81650 RIVER Te1970-625-4933ENGINEERING Fax 970- 625-4564 Civil Engineering •Water Fights, Augmentation Plans •Groundwater, Well Permitting •Hydrology, Flood Plain Analysis 'Cana/s, Pipelines, Dams GENERAL LOCATION MAP FIOLRF N0. la m:\crejobfiles\530 skimedcrekessler2 Job No: 530 Drawn by: Aprvd by: CM Date: 3/27107 Client CNR Shooting Sports LP EXHIBIT A NARRATIVE DESCRIPTION (CNR Shooting Sports, LP) Applicant, CNR Shooting Sports, LP submits the following Special Use Application for a Shooting Range Facility (2.02.493) on that 49.228 acre parcel of real property owned by Applicant and located approximately 15 miles north of the town of DeBeque, Colorado along Garfield County Road 209 (the "SS Property"). The SS Property is zoned Resource Lands/Gentle Slopes and Valley Floor within which the requested Shooting Range Facility is a defined Special Use. The general vicinity of the SS Property is depicted within the U.S.G.S. quadrangle maps collectively attached hereto as Exhibit A. Title to the SS Property is vested in Applicant under to the Warranty Deed attached hereto as Exhibit B. 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operations, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. Approval of this Application will allow Applicant to conduct shooting activities and instruction for the guests and hunters of Colorado Nature Ranch, LP ("Nature Ranch") and Orchard Lake Lodge, LLC ("Orchard Lake"), the latter of which received special use permit approval for Resort and Recreational Facilities from the Garfield County Board of Commissioners on March 12, 2007. There is a proposed shooting pavilion to accommodate and stage these activities. A site plan for the SS Property depicting the relative locations of the above stated structure together with existing/proposed utility lines and connections[, water system facilities, septic tank/leach field and driveways location(s) is attached hereto as is attached hereto as Exhibit C. The clay gaming area will be conducted from the pavilion with shooter and operator stations under roof for protection from the weather. The sporting clays course path will commence and terminate at this location with the path leading to/from the course at this point. The proposed pavilion will be comprised of an open-air pavilion approximately 27' x 91'. It will house eight (8) shooting stations and an operator stand, a storage area, benches for seating, a kitchenette (no meals will be prepared here), and a restroom. Facility operations shall be conducted in conjunction with Orchard Lake and Nature Ranch operations and will be available to their guests. It may be available to special interest groups on a reservation -only basis. The anticipated hours of operation are from 9:00 AM to approximately 10:30 PM on a demand basis. The course will be lighted and oriented inward and 'Electrical service is provided to the property by Grand Valley Power. Phone service is provided by Qwest. Application Submittal Requirements Page 1 (CNR Shooting Sports, LP) E:\C\Colorado Nature Ranch c.o Richard Kessler\Shooting Sports CNR Shooting Sports SUP application 3-27-07 (2).doc downward for night shooting. Marty Fischer of Sport Shooting Consultants, LTD. has been engaged by Applicant to provide professional guidance in the construction and operational safety of the facility. Mr. Fischer's proposal for this facility is set forth within his correspondence of January 10, 2007 attached hereto as Exhibit D. Vehicle traffic to and from the SS Property will be limited as it will be utilized primarily by guests and employees of Orchard Lake and Nature Ranch and occasional service/deliveries may occur; vehicle type is anticipated to be either light truck or SUV. Guest travel is expected to be further minimized given that Applicant will offer shuttles from the Orchard Lake and Nature Ranch facilities on Brush Creek Road (Co. Rd. 209) to the SS Property. Construction traffic (anticipated for last for approximately 8-12 weeks) to the site will be minimal and occur during the same time at the Orchard Lake Lodge construction. All transportation will occur on existing ranch and public roads. No street improvements are contemplated because of the minimal impact from the proposed operation. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type or wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Water Supply and Use - Domestic water is presently supplied to the SS Property from an off-site well, Permit No. 65256-F attached hereto as Exhibit E. Diversions from this well (CNR Office Well) for the domestic, commercial and irrigation use proposed herein have been decreed and are augmented by the Water Court's Findings of Fact, Ruling of Referee and Judgment & Decree issued December 23, 2005 in Case Number 01CW373, a copy of which is attached hereto as Exhibit F. Upon special use permit approval these water and water rights shall be conveyed to Applicant by Nature Ranch. Potable water at the shooting range will be primarily provided by bottled water kept refrigerated and available for guest use. A wet bar area will be available to assist with food service, no on-site food preparation is proposed. Water use will primarily consist of restroom supply and landscaping around the pavilion. Applicant's consulting engineer, Colorado River Engineering, Inc. has estimated daily in-house demands to be at approximately 480 gallons per day assuming 48 guests having a demand of 10 gallons per day. The average demand from the Well is less than 1/3rd gallon per minute. The well yield is greater than the demands. Water quality tests for bacteria and nitrate are proposed to be taken following a pump installation. Although not regulated by the Colorado Department of Public Health and Environment, quarterly tests for bacteria and nitrates are proposed to be sampled. Application Submittal Requirements Page 2 (CNR Shooting Sports, LP) E:\C\Colorado Nature Ranch c.n Richard Kessler\Shooting Sports\CNR Shooting Sports SUP application 3-27-07 (2).doc The offsite well is located on Nature Ranch property and will require extension of a water line to the site. The requisite easement rights over and across that Nature Ranch property shall be conveyed by Nature Ranch to Applicant upon special use permit approval. Wastewater Treatment. Individual Sewage Disposal System (ISDS) will be utilized to treat wastewater from the facility. Septic tank and leach field ISDS are envisioned and will be permitted in accordance with Garfield County and state regulations at the time of building permit submission. Previous geotechnical engineering studies performed at the site indicate that soils have acceptable percolation rates to support the absorption field treatment. The proposed field location is shown on the site plan. 3. Submit a site plan/map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. See, Exhibits A and C. Access to the SS Property shall be provided via a new looped driveway extending from County Road 209. Primary access to the site is 15 -miles north of DeBeque via Roan Creek Road (CR 204). Roan Creek Road is accessed from the Interstate 70 and Highway 6&24 and travels north of DeBeque as Mesa County Road 45. This road consists of paved and unpaved sections. Garfield County has been observed making significant improvements to CR 204 including resurfacing paved and gravel sections of road. The last three years has also seen a significant increase in traffic related to natural gas development. No permanent residences are serviced by CRD 209 with the exception of the ranch mangers home on Nature Ranch property. The road has been improved for approximately 5 -miles with pit run and road base surface by Nature Ranch and Encana Oil & Gas Inc.. Traffic Impacts have previously been estimated as part of a special use permit application for the Orchard Lake facilities located approximately 3.5 -miles north of the pending application. The SS Property will provide recreational amenities to guests staying at the lodge and will produce traffic impacts internally to the Nature Ranch property on CRD 204. Previous estimates have predicted a maximum use of approximately 90 vehicle trips per day. 4. Submit a vicinity map showing slope/topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. See, Exhibit A, attached hereto 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral Application Submittal Requirements Page 3 (CNR Shooting Sports, LP) E:\C\Colorado Nature Ranch e.o Richard Kessler\Shooting Sports CHR Shooting Sports SUP application 3-27-07 (2).doc right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). The appropriate Garfield County Assessor Map together with adjacent or within 200' property owners is collectively attached hereto as Exhibit G. 6. Submit a copy of the deed and a legal description of the subject property. See Exhibit B. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. Applicant is the property owner. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. See, Response to 1., hereinabove (footnote I) (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Given the slight traffic impacts presented by the SS Property as approved and the road improvements noted above, Applicant submits that no further off-site road improvements need to be made to accommodate the same. See Also, Response to 3., hereinabove (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Given the SS Property's remote location and topography, the uses sought herein will present no impacts to adjacent land uses. Simply stated, the SS Property is entirely surrounded by undeveloped public lands (BLM) and the 23,000 acre Nature Ranch property, which property is owned and operated by the same principals as the Applicant. Application Submittal Requirements Page 4 (CNR Shooting Sports, LP) E:\C\Colorado Nature Ranch c.o Richard Kessler\Shooting Sports\CNR Shooting Sports SUP application 3-27-07 (2).doc Historically operated as a cattle ranch the owners of the Nature Ranch property have expended considerable time, effort and money rehabilitating the Nature Ranch property's wildlife and conservation values. The Nature Ranch property has recently been approved for inclusion within the Colorado Division of Wildlife's Ranching for Wildlife Program through year 2014. Past involvement in this program has resulted the receipt by Nature Ranch of numerous top ratings from CHOW officers and hunters. Application Submittal Requirements Page 5 (CNR Shooting Sports, LP) E:\C\Colorado Nature Ranch c.o Richard Kessler\Shooting Sports\CNR Shooting Sports SUP application 3-27-07 (2).doc After recording return to: Joseph 13. Foltz, Esq. Foltz Martin, LLC 5 Piedmont Center, Suite 750 Atlanta, GA 30305-1541 WARRANTY DEED THIS DEED, made this 20 day of October, 2006, between COLORADO NATURE RANCH, LP, a Colorado limited partnership, Grantor, and CNR SHOOTING SPORTS, LP, a Colorado limited partnership, whose legal address is 4901 Vineland Road, Suite 650, Orlando, Florida 32811, Grantee: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Garfield and State of Colorado described as follows: A PARCEL OF LAND SITUATE IN THE SE1/4 OF SECTION 24, TOWNSHIP 6 SOUTH, RANGE 99 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH %4 CORNER OF SAID SECTION 24; THENCE N29°12'57"E 1219.43 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF BRUSH CREEK ROAD, THE TRUE POINT OF BEGINNING; THENCE NO3°17'59"W ALONG SAID EASTERLY RIGHT-OF-WAY 138.86 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N24°00'13"W 237.19 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N30°23'11"W 125.40 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N18°14'39"W 190.08 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N20°50'17"W 326.60 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N34°14'19"W 158.31 1 151386.1 EXHIBIT B FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY N61°41'20"E 787.25 FEET; THENCE S87°05'33"E 758.78 FEET; THENCE S06°38'35"W 269.91 FEET; THENCE S33°33'59"E 1005.48 FEET; THENCE S02°57'00"W 418.97 FEET; THENCE N85°53'23"W 1525.28 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 49.228 ACRES MORE OR LESS. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its heirs and assigns forever. And the Grantor, for itself, and its successors, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature so ever, except reservations and conditions contained in the United States Patents, and ad valorem taxes for the year 2002 due and payable in 2003, subject to: (i) easements and rights-of-way of either a public or private nature of record, and (ii) that certain Deed of Trust from Grantor to The Prudential Insurance Company of America dated March 20, 2006, recorded in Book 1781, Page 973, real property records of Garfield County, Colorado. The Grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. [CONTINUED ON FOLLOWING PAGE] 2 151386.1 IN WITNESS WHEREOF, the Grantor has caused its name to be hereunto subscribed by its duly authorized representative the day and year first above written. Grantor: COLORADO NATURE RANCH, LP, a Colorado limited partnership By: Colorado Nature Ranch, Inc., a Florida corporation, its General Partner B State of Florida County of Orange Richard C. Kess -r, as President The foregoing instrument was acknowledged before me this 2Oday of October, 2006, by Richard C. Kessler, as President of Colorado Nature Ranch, Inc., the General Partner of Colorado Nature Ranch, LP. Witness my hand and official seal. Notary Public My commission expires [NOTARY SEAL[ Notary Public State of Florida f� h, Donna Hensel Currier a my Commission DD588275 Ito M1°` Expires 08/23/2010 3 151386.1 Marty Fischer dba SPORTSHOOTING CONSULTANTS, LTD. www.martyfischer.com Kessler Canyon Clay Target Overview & Marketing Strategies To: Richard Kessler Mark Kessler Dave Massey.. Jamie Massey From: Marty Fischer Date January 10, 2007 Re:. Kessler Canyon Clay Target info and Marketing Strategies Attached is a package of information on the clay target operation and marketing ideas for the overall operation. I will provide pricing on equipment when you are ready to order, since prices tend to change as commodity prices change. Pricing will also depend on the number of traps purchased, as there are price reductions on certain. volume purchases. EXHIBIT D P.O. Box 207 • Rincon, Georgia 31326.912/826-0072.912/826-0182 (Fax) • E -Mail MF3825 ® aol.com Clay Target and Marketing Info To: David Massey Kessler Canyon From: Marty Fischer Date: January 9, 2007 Re: Sporting clays and gaming area Listed below are some specifics for the Kessler Canyon sporting clays course and clay target gaming area. Both layouts were flagged and staked during my visit in early December. Gaming Area The Clay Target Gaming Area at Kessler Canyon is very unique in the clay target world. The backdrop and views are truly spectacular, and the target design will provide shooters with some extremely creative shot presentations. The layout can consist of up to 13 traps (a minimum of seven traps is needed), consisting of standard clay traps, rabbits, wobble trap and 90min target traps. These different traps will provide tremendous diversity in target presentation. I am recommending that all this layout be outfitted with Long Range Wireless Remote receivers to keep maintenance at a minimum. A standard layout like this would feature five shooting boxes. You have indicated a desire to have eight boxes. These shooting station boxes should be constructed on a level surface. They will measure at least seven feet tall in front, with an individual width and depth of 48 inches by 48 inches. A safety rail in the front of the box should be placed at a height of 34 inches. The eight boxes should be placed in a straight line, with a distance of 12 feet center to center. You have discussed constructing a covered pavilion for the arena. The shooting boxes will be built into the front of the pavilion, while staging and social areas will be positioned behind the shooting but under the roof. A restroom and storage closet will be placed on the back of either end of the pavilion. A fire pit is recommended behind the pavilion. The pavilion size should be 88 feet long and 20 feet deep. Height to the front roof should be 10 feet with a two percent slope to the rear for drainage. The entire area can be lighted for night shooting, and even though 110V power is accessible, I recommend using 12V battery power with solar on all traps. The voltage drain when firing multiple traps at one time can be sufficient to damage them. Traps should be placed in protective housing. I will provide blueprints for these covers. Sporting Clays Course The sporting clays layout has been staked and flagged in an area behind and to the right of the gaming area. The sporting course will start and finish adjacent to the parking lot behind the proposed welcome center/clubhouse. The course has been laid out to accommodate both walking and cart traffic. You will need to cut in a path that is a minimum of eight feet wide in order to handle golf carts or similar vehicles. Keep in mind that the entire course must be accessible by staff for trap maintenance and target loading. I am recommending that we use two traps on each of the 12 stations. These traps should be covered like those on the gaming area, and should be powered by 12V battery and solar. Batteries will need to be placed in some type of insulated box to protect them from the cold. Most of the shooting stations feature magnificent views. I would recommend that you construct level platforms and decking for each of the 12 stations. I will provide photos to use as templates for these structures. There are two options for target releases on the sporting course. We can go with hard wire, which means that cables will run across the ground. They can be encased in PVC and buried to protect them from the elements and rodents. We can also use a wireless remote system for the clays course. This will eliminate maintenance concerns, but will mean that release transmitters will have to be monitored for battery changes. They use a standard 9V battery, which can drain quickly in cold weather. Because of the terrain and draws around the sporting layout, there will be a couple of spots where bridges will have to be constructed. I can think of two spots. One of the bridges will have a shooting station on it. Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT EXST WELL PERMIT NUMBER 65258 - DIV. 5 WD70 DES. BASIN MD RICHARD KESSLER C/O COLORADO RIVER ENGINEERING PO BOX 1301 RIFLE, CO 81650- (970) 625-4933 CHANGE/EXPANSION OF USE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL. 1) This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for a change/expansion of use of the well constructed under Permit No. 246960, on the condlton that this well, CNR Office Well, is operated in accordance with the Augmentation Pian approved by the Division 5 Water Court in case no. 01 CW373. if this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. 4) The use of ground water from CNR Office Well is limited to domestic and commercial uses at and around the Welcome /Office Center to meet in-house demand for guests and employees, Irrigation uses for 15,000 square feet, and livestock watering for 15 animals. 5) The pumping rate of CNR Office Well shall not exceed 112.2 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.63 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case ' number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working_order_ Permanent.recerdsof all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) Thls well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feat from the location specified on this permit and as Identified in the decree, Case No. 010W373, which is 3286 ft form the east section line (1953 ft from the west section line) and 1780 ft from the north section line. 11) The Issuance of this permit cancels Permit No. 248960( APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 24 Township 6 S Range 99 W Sixth P.M. DISTANCES FROM SECTION LINES 1650 Ft. from South Section Line 2105 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD831 Easting: Northing: Page 1 of 2 APPROVED MJV Receipt No. 9502670A State Engineer DATE ISSUED 01-10-2007 EXPIATION DATE 01-10-2008 EXHIBIT E Receipt No. 9502670A WELL PERMIT NUMBER 65256 -F Page 2 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL NOTE: Unless a completed Pump Installation and Test Report (GWS -32) are received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date, An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: httplAvww.water.state.co.us/pubs/forms/gwe.64.pdf lan.nottLit' .01SILM.4. EXHIBIT G M ...... ............ L tleeI LJGI$ll Garfield County Assessor/Treasurer Parcel Detail Information Page 1 of 2 Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building.Charactetistics I Tax Information Parcel Detail j Value Detail Sales Detail Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area 029 Account Number R043132 Parcel Number 216502400001 Mill Levy 35.939 Owner Name and Mailing Address ORCHARD LAKE LODGE LLC 4901 VINELAND ROAD STE 650 ORLANDO, FL 32811 Legal Description SECT,TWN,RNG:3-6-99 DESC: SEI/4 CONTAINING 40.196 AC PRE:R290026 BK:417 PG:223 BK:343 PG:528 BK:205 PG:287 BK:1530 PG:468 BK:0607 PG:0962 BK:1778 PG:126 RECPT:693607 BK:1778 PG:125 RECPT:693606 BK:1259 PG:863 RECPT:582404 BK:1098 PG:0285 BK:0870 PG:0099 BK:0681 PG:0735 Location Physical Address: PARACHUTE Subdivision: Land Acres: 40.196 Land Sq Ft: 0 Section Township Range II 11 .httn //www uatenaet enm/assessnt/narrel aen7ParrelNnmher=716502400001 10/17/7006 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building. Characteristics 1 Tax Information Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail Photographs Parcel Detail Tax Area 029 Account Number R290687 Parcel Number. 216522200957 Mill Levy 35.939 Owner Name and Mailing Address BUREAU OF LAND MANAGEMENT PO BOX 1009 GLENWOOD SPRINGS, CO 81602-1009 Legal Description SECT,TWN,RNG:10-6-99 DESC: SEC. 10 NWNE, S1/2NE, SENW, N1/2NW, N1/2SE, SESE. SECT,TWN,RNG:11-6-99 DESC: SEC. 11 SWSW. SECT,TWN,RNG:14-6-99 DESC: SEC. 14 NW, NWS W, S1/2SW, SWSE. SECT,TWN,RNG:16-6-99 DESC: SEC. 16 S1/2SW. SECT,TWN,RNG:17-6-99 DESC: SEC. 17 LOTS 1(37.07),2(6.70),4(7.33),5(37.06),6 (6.63),10(7.28),SESE . SECT,TWN,RNG:20-6-99 DESC: SEC. 20 LOTS 1(43.68),4(7.32),5(7.32),9(6.65). SECT,TWN,RNG:21-6-99 DESC: SEC. 21 LOTS 1(37.01), N1/2, N1/2S1/2, httrr//www,aarcoact..cam/assessor/parcel asn?ParcelNumher=216522200957 10/12/2006 ratcet Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 35.939 029 R290163 L213934200009 Owner Name and Mailing Address COLORADO NATURE RANCH, LP 7380 SAND LAKE ROAD SUITE #120 ORLANDO, FL 32819 Legal Description SECT,TWN,RNG:34-5-98 DESC: (5-99)TR 116, 84 (5-98)TR 115, 116 TR 37-39 (6-98) DESC: TR 115, 82 (6-99) TR 82 SEC. 11 SWNW, N1/2SW, SESW DESC: SWSE SEC. 13 W1/2SW SEC. 14 SENE, W1/2NE, N1/2SE, DESC: NESW, SESE SEC. 24 N1/2NW, SENW, N1/2SW, W1/2SE, DESC: SESW SEC 25 W1/2NE, EI/2NW ALSO A TR CONT 12.0A. DESC: AKA GOLD OM CLAIMS 19-46 NITRATE SHALE CLAIMS 1,2 DESC: 6-17 HYDROCARBON 113. EXCEPT A TR OF LAND CONT 49.228 AC AS DESC IN BK 1530 PG 465. BK:0168 PG:0142 BK:1526 PG:134 RECPT:638010 BK:1259 PG:867 RECPT:582406 BK:I259 PG:866 httnr//www aarrnant enm/assescnr/narnel asn9ParnelNnmher=71l9l4900009 1A/17/2006 . Parcel Detail rage 1 or 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Chatacteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 029 Account Number R040707 Parcel Number 216524400029 Mill Levy 35.939 Owner Name and Mailing Address COLORADO NATURE RANCH LP 4901 VINELAND RD STE 650 ORLANDO, FL 32811 Legal Description SECT,TWN,RNG:24-6-99 DESC: A PCL IN THE SE4 CONT 49.228 AC. PRE:R290163 BK:0168 PG:0142 BK:1778 PG:122 RECPT:693605 BK:1778 PG:121 RECPT:693604 BK:1530 PG:465 RECPT:638906 BK:1259 PG:867 RECPT:582406 BK:1259 PG:866 RECPT:582405 BK:1005 PG:0491 BK:1005 PG:0476 Location littn•// xnxnxr aatrnart rnm/aceacent/nntrel a en9PatrelNnmher=716574400029 10/12/2006 Physical Address: PARACHUTE Subdivision: Land Acres: 49.288 Land Sq Ft: 0 11 1 i 11 . littn•// xnxnxr aatrnart rnm/aceacent/nntrel a en9PatrelNnmher=716574400029 10/12/2006 Parcel Detail Garfield County Assessor/Treasurer Parcel Detail Information Page 1 of 2 Assessor/Treasurer Property Search Assessot Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Parcel Detail Basic Building Characteristics I Iax Information Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area 029 Account Number R290688 Parcel Number 216524100958 Mill Levy 35.939 Owner Name and Mailing Address BUREAU OF LAND MANAGEMENT PO BOX 1009 GLENWOOD SPRINGS, CO 81602 Legal Description SECT,TWN,RNG:24-6-99 DESC: SWNE Location Property Tax Valuation Information Land: Improvements: Actual Value 0 240 Assessed Value 0 70 httn//www.aarcnact con/assessor/parcel asn?ParcelNumbex=216524100958 10/12/2006 Physical Address: Subdivision: Land Acres: 0 Land Sq Ft: 0 Section Township Range 24 6 99 Property Tax Valuation Information Land: Improvements: Actual Value 0 240 Assessed Value 0 70 httn//www.aarcnact con/assessor/parcel asn?ParcelNumbex=216524100958 10/12/2006 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: CNR SHOOTING SPORTS, LP 1. APPLICANT has submitted to COUNTY an application for a SHOOTING RANGE FACILITY (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Signature Date: .it'eit Z , 70v ?- �� w Ac/ Print Name Mailing Address: Wo( VatdauJ Swift (cro ©r(4ncJo/ FL grl( 10/2004 Page 4 DISTRICT COURT, WATER DIVISION No. 5, COLORADO Court Address: 109 — 8th Street, Glenwood Springs, CO 81601 Applicant: COLORADO NATURE RANCH, LP in Garfield County, Colorado A Court Use Only Case No.: 01 CW 373 FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT & DECREE OF WATER COURT THIS MATTER came before the Court upon the Application, as amended, of COLORADO NATURE RANCH, LP, for Surface Water Rights - Ditches (Part I -A, post), Surface Water Rights - Springs (Part I -B, post), Ground Water Rights (Part I -C, post), Storage Water Rights - Ponds (Part I -D, post), Storage Water Rights - Reservoirs (Part I -E, post), Change of Water Rights (Part I -F, post), and Approval of Plan for Augmentation (Part I -G, post). The Applicant is represented by Scott Balcomb and Christopher L. Geiger of Balcomb & Green, P.C. The Water Judge for Water Division No. 5, State of Colorado, referred the Application to the Water Referee in accordance with the Water Rights Determination & Administration Act of 1969,10 COLO. REV. STAT. ch. 37, art. 92 (2003). The Water Referee has made such investigation as necessary to determine whether the statements in the Application as amended are true, is fully advised with respect to the subject matter of the Application, and has consulted with the Division Engineer for Water Division No. 5. As a result, the Water Referee makes, and he does hereby, the following determinations and rulings as Referee in this matter: CASE No. 01 CW 373 .I- FLN)LNGS, RLLLNG & DECREE EXHIBIT F I. FINDINGS OF FACT 1. Applicant, COLORADO NATURE RANCH, LP, filed an Application for Surface Water Rights, Ground Water Rights, Storage Water Rights, Change of Water Rights, and Approval of Plan for Augmentation on December 31, 2001. By appropriate motion to substitute applicant, the name of the original Applicant was changed from Richard C. Kessler, a.k.a. Richard D. Kessler, a principal in the corporate general partner, to COLORADO NATURE RANCH, LP, a Colorado limited partnership, the owner of the real property upon which the water rights and changes sought are situate. This motion was granted by the Court February 8, 2002. 2. The Application, following motion and a hearing, was amended by Amended Application for Surface Water Rights, Ground Water Rights, Storage Water Rights, Change of Water Rights, and Approval of Plan for Augmentation, filed November 22, 2002. The Amended Application was properly published in the Resume for Water Division No. 5 for November, 2002. 3. Following the Roan Creek Brush Mountain Fire in June, 2003, the Amended Application was amended by Second Amended Application for Surface Water Rights, Ground Water Rights, Storage Water Rights, Change of Water Rights, and Approval of Plan for Augmentation, dated and filed October 6, 2003. Following a mispublication in the Resume for Water Division No. 5 for November 2003, the Second Amended Application was properly republished in the Resume for Water Division No. 5 for December, 2003. 4. All notices required by law have been made, and the Court has jurisdiction of the Application as amended and all parties in this matter. 5. As to the CNR Lodge Well, CNR Office Well, CNR Fish Camp Well, and CNR Irrigation Well No.1, none of the water rights or sources thereof involved in this Application are located within a designated ground water basin. 6. Statements of opposition to the Application were filed on behalf of Altenbern & Sons, Bluestone Water Conservancy District, Kenneth P. Bohl, James H. Lake, and Town of DeBeque. The time for filing additional statements of opposition has expired. Each of these Opposers, except Opposer James H. Lake, has consented to the entry of this Ruling as evidenced by the stipulations on file with the Court. The terms of the stipulations between Applicant and the several Opposers are incorporated by reference into this Ruling and Decree. 7. With regards to Opposer James H. Lake's participation in this case, the Applicant filed on March 24, 2005 a Motion for Entry of Ruling Within 20 Days notwithstanding Mr. CASE No. 01 CW 373 -2- FINDINGS, RULING & DECREE Lake's refusal to enter a stipulation with Applicant. The grounds cited by Applicant for entry of this motion include the fact that Mr. Lake failed to participate in any of the last seven (7) status conferences scheduled before the Referee dating back to at least January 6, 2004. The Referee, noting the failure of James H. Lake to participate in the status conferences in this case, and his failure to respond to Applicant's Motion for Entry of Ruling Within 20 Days, has decided to enter this Ruling notwithstanding the absence of a stipulation between Applicant and Mr. Lake. 8. The Application claims Surface Water Rights - Ditches (Part A), Surface Water Rights - Springs (Part B), Ground Water Rights (Part C), Storage Water Rights - Ponds (Part D), Storage Water Rights - Reservoirs (Part E), Change of Water Rights (Part F), and Approval of Plan for Augmentation (Part G), as follows: PartI - A CLAIM FOR SURFACE WATER RIGHTS - DITCHES 9. Name of structures: A. Bridges Hayes Ditch CNR Enlargement B. CNR Lower Ditch C. Kreps Ditch CNR Enlargement D. Scott Ditch CNR Enlargement E. Secluded Ditch 10. Legal description of each point of diversion: A. Bridges Hayes Ditch CNR Enlargement: NE%NE% Section 10, T. 6 S., R. 99 W., 6"1 P.M. at a point 559 feet from the East Section line and 1,151 feet from the North Section line. B. CNR Lower Ditch: NE'/,SW'/ Section 24, T. 6 S., R. 99 W., 6th P.M. at a point 1,787 feet from the West Section line and 3,450 feet from the North Section line. C. Kreps Ditch CNR Enlargement: SE%NE% Section 36, T. 5 S., R. 99 W., 6`" P.M. at a point 571 feet from the East Section line and 1,425 feet from the North Section line. D. Scott Ditch CNR Enlargement: SW%,SEy Section 31, T. 5 S., R. 98 W., 611' P.M. at a point 1,888 feet from the East Section line and 109 feet from the South Section line. CASE No. 01 CW373 -3- FLN'DINGS, RLTING & DECREE E. Secluded Ditch: NEy1SW% Section 31, T. 5 S., R. 98 W., 6h P.M. at a point 1,515 feet from the West Section line and 1,635 feet from the South Section line. 11. Source for all ditches: Brush Creek, a tributary of Roan Creek, a tributary of the Colorado River. 12. Date of initiation of appropriation - all ditches: June 15, 2001. 13. How appropriation was initiated: A. CNR Lower Ditch: By application to beneficial use for irrigation of 28.7 acres, and by field inspection and formation of intent to use water for other uses sought herein. B. Bridges Hayes Ditch CNR Enlargement, Kreps Ditch CNR Enlargement, Scott Ditch CNR Enlargement, and Secluded Ditch: Field inspection and formation of intent to use water. Scott Ditch CNR Enlargement and CNR Pond No. 6 field staked; other items topographically surveyed. 14. Date water applied to beneficial use: A. CNR Lower Ditch: June 15, 2001. B. Bridges Hayes Ditch CNR Enlargement Kreps Ditch CNR Enlargement, Scott Ditch CNR Enlargement, and Secluded Ditch: n/a 15. Amount claimed: 2.0 c.f.s., each. 16. Amount absolute: 2.0 c.f.s. for irrigation from CNR Lower Ditch. 17. Amount conditional: 2.0 c.f.s. each from all ditches for all proposed uses, except for irrigation use decreed to CNR Lower Ditch as decreed absolute above. 18. Use or proposed use: A. If irrigation: 1. CNR Lower Ditch a. Number of acres historically irrigated. 28 7 b. Number of acres proposed to be irrigated: 30.0. c. Legal description of acreage: E%2NWN Section 25, and the EYSW% of Section 24, all in T. 6 S., R. 99 W., 6iI P.M. CASE No. DI CW 373 -4- FLNDL\CS, RULING & DECREE 2. Secluded Ditch a. Number of acres historically irrigated: 0.0 b. Number of acres proposed to be irrigated: 12.0. c. Legal description of acreage: SE1/4SW1/4 and the SW1/4SE1/4, Section 31, T. 5 S., R. 98 W., 61" P.M. B. If non -irrigation, describe purpose fully: All of the above ditches will serve as supply sources for ponds and reservoirs described hereinafter, wildlife and piscatorial. In addition, the CNR Lower Ditch and Secluded Ditch will also be used for irrigation. 19. Are there other water rights diverted through these structures?: Yes. The new ditch enlargement rights used to fill the ponds and reservoirs have existing irrigation rights carried through the same ditches. Part I-8 CLAIM FOR SURFACE WATER RIGHTS - SPRINGS 20. Name of structures: A. CNR Spring No. 1 B. CNR Spring No. 2 C. Elk Cabin Spring 21. Legal description of each point of diversion: A. CNR Spring No. 1: NW %,NE% Section 24, T. 6 S., R. 99 W., 6th P.M. at a point 1,850 feet from the East Section line and 1,217 feet from the North Section line. B. CNR Spring No. 2: SW'/SE% Section 11, T. 6 S., R. 99 W., 6th P.M. at a point 1,561 feet from the East Section line and 287 feet from the South Section line. C. Elk Cabin Spring: NE%,NEY4 Section 2, T. 6 S., R. 99 W., 6'h P.M. at a point 905 feet from the East Section line and 721 feet from the North Section line. 22. Source: Springs tributary to unnamed creeks that are tributary to Brush Creek. 23. Date of initiation of appropriation: June 15, 2001 CASE No. 01 CW 373 -3- FINDINGS, RLLL\G & DECREE 24. Ilow appropriation was initiated: A. CNR Springs Nos. 1 & 2: Field inspection and formation of intent to use water. B. Elk Cabin Spring: Diversion of water and application to beneficial use. 25. Date water applied to beneficial use: A. CNR Springs Nos. 1 & 2: n/a B. Elk Cabin Spring: June 15, 2001 (historically used to supply existing cabin and livestock watering). 26. Amount claimed: A. CNR Spring No. 1: 0.034 c.f.s., conditional, B. CNR Spring No. 2: 0.034 c.f.s., conditional, C. Elk Cabin Spring: 1. 0.0017 c.f.s., absolute as to livestock watering, domestic. 2. 0.01 c.f.s. conditional as to livestock watering, wildlife and domestic. 27. Use or proposed use: A. If irrigation: 1. Number of acres historically irrigated: n/a. 2. Number of acres proposed to be irrigated: approximately 500 square -feet under Elk Cabin Spring, none under CNR Springs Nos. 1 & 2. 3. Legal description of acreage: NE%$SE'/a Section 2, T. 6 S., R. 99 W., 6'h RM. B. If non -irrigation, describe purpose fully: 1. CNR Spring No. 1: Wildlife use adjacent the spring, livestock watering, domestic, commercial. 2. CNR Spring No. 2: Wildlife use adjacent the spring, livestock watering, and commercial. 3. Elk Cabin Spring: Domestic, commercial, wildlife use adjacent the spring, irrigation and livestock watering. CASE No.01 CW 373 -6- FINDINGS, RL LING & DECREE Part I -C CLAIM FOR GROUND WATER RIGHTS - WELLS 28. Name of structures: A CNR Lodge Well B. CNR Office Well C. CNR Fish Camp Well D. CNR Irrigation Well No.1. 29. Legal Description: A. CNR Lodge Well: NE�/,SW%, Section 3, T. 6 S., R. 99 W., 6'" P.M. at a point 2,830 feet from the East Section line and 380 feet from the North Section line. B. CNR Office Well: NE%SW%, Section 24, T. 6 S., R. 99 W., 6'" RM. at a point 3,286 feet from the East Section line and 1,780 feet from the South Section line. C. CNR Fish Camp Well: NW%,SW% of Section 31, T. 5 S., R. 98 W., 6'" P.M. at a point 890 feet from the West Section line and 2,380 feet from the South Section line. D. CNR Irrigation Well No. 1: NW%,SW% Section 31, T. 5 S., R. 98 W., 6'" P.M. at a point 797 feet from the West Section line and 2,383 feet from the South Section line. 30.Source - a1Twells: Groundwater tributary to Brush Creek. 31. Depth: 200 feet, proposed. 32. Dates of initiation of appropriation: A. CNR Lodge Well and CNR Irrigation Well No. 1: June 15, 2001 B. CNR Fish Camp Well and CNR Office Well: August 28, 2002 33. How appropriation was initiated - all wells: Field inspection, formulation of water use plan, and formation of intent to use water. 34. Date water applied to beneficial use - all wells: n/a. CASE NO. 01 CW 373 -7- FLYDINCS, RLLING & DECREE 35. Amount claimed;: 0.250 c.f.s., each, conditional. 36. Use or proposed use: A. CNR Lodge Well: 1. If irrigation: a. Number of acres historically irrigated: n/a. b. Number of acres proposed to be irrigated: up to 1 acres c. Legal Description of acreage: Up to 1 acre in the NWI/4SE1/4, Section 3, T. 6 S., R. 99 W., 6'h P.M. 2. If non -irrigation, describe purpose fully: Domestic and commercial. B. CNR Office Well: 1. If irrigation: a. Number of acres historically irrigated: n/a b. Number of acres proposed to be irrigated: up to 15,000 square feet c. Legal description of acreage. Up to 15,000 square feet in the NW1/4SE1/4, S. 24, T. 6 S., R. 99 W., 6'h P.M. 2. If non -irrigation, describe purpose fully: Domestic, commercial, livestock watering. C. CNR Fish Camp Well: 1. If irrigation: a. Number of acres historically irrigated: n/a b. Number of acres proposed to be irrigated: up to 15,000 square feet c. Legal description of acreage: Up to 15,000 square feet in the NW l/4SW 1/4, Section 31, T. 5 S., R. 98 W., 6"' P.M. 2. If non -irrigation, describe purpose fully: Domestic and commercial. D. CNR Irrigation Well No.1: 1. If irrigation: a. Number of acres historically irrigated: n/a b. Number of acres proposed to be irrigated: up to 10 acres c. Legal description of acreage: up to 10 acres in SE%,NE% of Section 36, T. 5 S., R. 99 W., and W1 of Section 31, T. 5 S., R. 98 W., 6'h P.M. 2. If non -irrigation, describe purpose fully: zi a CASE No.01 CW 373 -8- FINDINGS, RULING & DECREE 37. Remarks: CNR Lodge Well, CNR Office Well, CNR Fish Camp Well, and CNR Irrigation Well No.1 will be constructed in the alluvium, located within 100 feet of Brush Creek and considered as causing instantaneous depletions for administration purposes. Part 1-D CLAIM FOR STORAGE WATER RIGHTS - PONDS 38. Name of reservoirs: CNR Ponds Nos. 1 through 10. 39. Legal descriptions: A. CNR Pond No. 1: SW%SE'/, Section 11, T. 6 S., R. 99 W., 6'" P.M. at a point 2,573 feet from the East Section line and 370 feet from the South Section line. B. CNR Pond No. 2: SW/SEM Section 11, T. 6 S., R. 99 W., 6'h P.M. at a point 2,240 feet from the East Section line and 510 feet from the South Section line. C. CNR Pond No. 3: SW'/aSE'% Section 11, T. 6 S., R. 99 W., 6'h P.M. at a point 2,490 feet from the East Section line and 920 feet from the South Section line. D. CNR Pond No. 4: SW %,NW'/, Section 11, T. 6 S., R. 99 W., 6'h P.M. at a point 1,220 feet from the West Section line and 2,540 feet from the North Section line. E. CNR Pond No. 5: NE%,NE%, Section 10, T. 6 S., R. 99 W., 611` P.M. at a point 425 feet from the East Section line and 535 feet from the North Section line. F. CNR Pond No. 6: SW%SE'/, Section 3, T. 6 S., R. 99 W., 6'h P.M. at a point 2,055 feet from the East Section line and 1,290 feet from the South Section line. G. CNR Pond No. 7: SE'/,SW% Section 31, T. 5 S., R. 98 W., 6'h P.M. at a point 2,720 feet from the East Section line and 220 feet from the South Section line. H. CNR Pond No. 8: SE'/,SW%, Section 31, T. 5 S., R. 98 W., 6'h P.M. at a point 3,075 feet from the East Section line and 1,025 feet from the South Section line. I. CNR Pond No. 9: SE%„NE%, Section 36, T. 5 S., R. 99 W., 6'h P.M. at a point 285 feet from the East Section line and 1,910 feet from the North Section line. J. CNR Pond No. 10: SE%,NE/, Section 36, T. 5 S., R. 99 W., 6"' P.M. at a point 475 feet from the East Section line and 1,780 feet from the North Section line. CASE No. 01 CW 373 -9- FIN -DINGS, RUING & DECREE 40. If off -channel reservoir. name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: A. CNR Ponds 1 through 4: Bridges Hayes Ditch CNR Enlargement, 2.0 c.f.s., as decreed in Part I -A above. B. CNR Ponds 5 and 6: Scott Ditch CNR Enlargement, 2.0 c.f.s., as decreed in Part I -A above. C. CNR Ponds 7 and 8: Secluded Ditch, 2.0 c.f.s., as decreed in Part I -A above. D. CNR Ponds 9 and 10: Kreps Ditch CNR Enlargement, 2.0 c.f.s., as decreed in Part I -A above. 41. Source - all ponds: Brush Creek. 42. Dates of appropriation - all ponds: The volume of many of the ponds was increased from the original Application by either the First Amended Application or the Second Amended Application, or both. Therefore, most of the subject water rights have multiple appropriation dates, in accord with their increased volumes in the amended applications. The total amount claimed for each pond is the sum of the amounts listed under each below, and is specifically set forth in Paragraph 45 below. A. CNR Pond No. 1: 1. June 15, 2001 for 2.4 acre-feet 2. August 28, 2002 for 14.0 acre-feet 13. CNR Pond No. 2: 1. June 15, 2001 for 2.4 acre-feet 2. August 28, 2002 for 24.6 acre-feet C. CNR Pond No. 3: 1. June 15, 2001 for 5.6 acre-feet 2. August 28, 2002 for 8.4 acre-feet D. CNR Pond No. 4: I. June 15, 2001 for 5.6 acre-feet. 2. August 28, 2002 for 10.8 acre-feet CASE No. 01 CW 373 -10- FINDL\CS, R1.1L\C & DECREE E. CNR Pond No. 5: 1. June 15, 2001 for 8.0 acre-feet 2. August 28, 2002 for 14.7 acre-feet F. CNR Pond No. 6: 1. June 15, 2001 for 8.0 acre-feet 2. August 28, 2002 for 21.74 acre-feet 3. June 4, 2003 for 2.0 acre-feet G. CNR Pond No. 7: 1. June 15, 2001 for 8.0 acre-feet 2. August 28, 2002 for 8.4 acre-feet H. CNR Pond No. 8: 1. June 15, 2001 for 8.0 acre-feet 2. August 28, 2002 for 3.9 acre-feet I. CNR Pond No. 9: 1. June 15, 2001 for 4.1 acre-feet J. CNR Pond No. 10: 1. June 15, 2001 for 1.12 acre-feet 43. How appropriation was initiated: Field inspection, formulation of water use plan, and formation of intent to use water. 44. Date waterapplied-to beneficial -use- n{a. - 45. Amounts Claimed and Sizes of Ponds: A. CNR Pond No. 1: 1. Amount claimed: 16.4 acre-feet conditional, of which 5.4 acre-feet is dead storage. 2. Surface area at high water line: 1.25 acres 3. Length of dam in feet: 425 4. Maximum Height of dam in feet: 10 B. CNR Pond No. 2: 1. Amount claimed: 27.0 acre-feet conditional, of which 6.0 acre-feet is dead storage. CASE NO. 01 CW 373 -I1- FNDL\CS, RULING & DECREE 2. Surface area at high-water line: 3.0 acres 3. Length of dam in feet: 650 4. Maximum Height of dam in feet: 10 C. CNR Pond No. 3: 1. Amount claimed: 14.0 acre-feet conditional, of which 5.0 acre-feet is dead storage. 2. Surface area at high-water line: 1.0 acre 3. Length of dam in feet: 380 4. Maximum Height of dam in feet: 10 D. CNR Pond No. 4: 1. Amount claimed: 16.4 acre-feet conditional, of which 5.4 acre-feet is dead storage. 2. Surface area at high-water line: 1.25 acres 3. Length of dam in feet: 380 4. Maximum Height of dam in feet: 10 E. CNR Pond No. 5: 1. Amount claimed: 22 7 acre-feet conditional, of which 4.78 acre-feet is dead storage. 2. Surface area at high-water line: 2.57 acres 3. Length of dam in feet: 650 4. Maximum Height of dam in feet: 10 F. CNR Pond No. 6: 1. Amount claimed: 31.74 acre -fee t conditional, of which 2.62 acre -feet - is dead storage. 2. Surface area at high-water line: 4.20 acres 3. Length of dam in feet: 925 4. Maximum Height of dam in feet: 10 G. CNR Pond No. 7: 1. Amount claimed: 16.4 acre-feet conditional, of which 5.4 acre-feet is dead storage 2. Surface area at high-water line: 1.25 acres 3. Length of dam in feet: 425 4. Maximum Height of dam in feet: 10 CASE No. 01 CIV 373 -12- FINDINGS, RULING & DECREE H. CNR Pond No, 8: 1. Amount claimed: 11.9 acre-feet conditional, of which 3.9 acre-feet is dead storage. 2. Surface area at high-water line: 0.9 acres 3. Length of dam in feet: 350 4. Maximum Height of dam in feet: 10 I. CNR Pond No. 9: 1. Amount claimed: 4.1 acre-feet conditional, of which 0.55 acre-feet is dead storage.. 2. Surface area at high-water line: 0.66 acres 3. Length of dam in feet: 350 4. Maximum Height of dam in feet: 10 J. CNR Pond No. 10: 1. Amount claimed: 1.12 acre-feet conditional, of which 1.12 acre-feet is dead storage. 2. Surface area at high-water line: 0.26 acres 3. Length of dam in feet: 60 4. Maximum Height of dam in feet: 10 46. Use - all ponds: A. If irrigation: n/a B. If non -irrigation, describe purpose fully: Piscatorial, recreational, wildlife use adjacent - 10 the ponds, and augmentation. Water stored in the ponds shall not be used for augmentation purposes other than as approved in this Decree without first obtaining proper judicial or administrative approval for such additional augmentation uses. Part 1-E CLAIM FOR STORAGE WATER RIGHTS - RESERVOIRS 47. Names of reservoirs: A. CNR Reservoir No. 1 B. CNR Reservoir No. 2 C.1sE No. 01 CW 373 -13- FINDINGS, RULING & DECREE 48. Legal description of Reservoirs: A. CNR Reservoir No. 1: SE%+SW% Section 24, T. 6 S., R. 99 W., 6'" P.M. at a point 1,995 feet from the West Section line and 1,115 feet from the South Section line. B. CNR Reservoir No. 2: NW%NE% Section 14, T. 6 S., R. 99 W., 6'" P.M. at a point 1,890 feet from the East Section line and 675 feet from the North Section line. 49. If off -channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion A. CNR Reservoir No, 1: CNR Lower Ditch, 2.0 c.f.s., as decreed in Part I -A above. B. CNR Reservoir No, 2: Bridges Hayes Ditch CNR Enlargement, 2.0 c.f.s., as decreed in Part 1-A above. 50. Source: Brush Creek 51. Date of appropriation: The volume of CNR Reservoir No. 2 was increased from the original Application by the First Amended Application. Therefore, this water right has two appropriation dates in accord with the increased volume. The total amount claimed for CNR Reservoir No. 2 is the sum of the amounts listed under this reservoir, and is specifically set forth in Paragraph 54 below. A. CNR Reservoir No. 1: 1. June 15, 2001 for 8.0 c.f.s. B. CNR Reservoir No. 2: 1. June 15, 2001 for 8.0 c.f.s. 2. August 28, 2002 for 37.0 c.f.s. 52. How appropriation was initiated: Field inspection, formulation of plan of water use and formation of intent to use water. 53. Date water applied to beneficial use: nia. CASE No. 01 CW 373 -14- FINDLNGS, RULING & DECREE 54. Amounts claimed and sizes of reservoirs: A. CNR Reservoir No. 1: 1. Amount Claimed: 8.0 acre-feet, conditional; no dead storage. 2. Surface area at high waterline: 1.0 acre 3. Length of Dam in feet: 350 4. Maximum height of dam in feet: 10 B. CNR Reservoir No. 2: 1. Amount Claimed: 45.0 acre-feet, conditional; no dead storage. 2. Surface area at high waterline: 3.0 acres 3. Length of dam in feet: 850 4. Maximum height of dant 10 A. CNR Reservoir No. 1: 1. If irrigation: a. Number of acres historically irrigated: 0.0 b. Total number of acres proposed to be irrigated: up to 30 acres. c. Legal Description of acreage to be irrigated: E% NW % Section 25 and E%SW'h of Section 24, T. 6 S., R. 99 W., 6' P.M. 2. If non -irrigation, describe purpose fully: Recreational, wildlife use adjacent the reservoir, augmentation, and piscatorial. B. CNR Reservoir No. 2: 1 ungafroni __... a. Number of acres historically irrigated: 0 b. Number of acres proposed to be irrigate: up to 78 acres. c. Legal description of acreage to be irrigated: A portion of Sections 11,13 and 14, T. 6 S., R. 99 W., 6th P.M. 2. If non -irrigation, describe purpose fully: Recreational, wildlife use adjacent the reservoir, augmentation, and piscatorial. C. Applicant shall not put water stored in the reservoirs to augmentation use other than as approved under this Decree without first obtaining proper judicial or administrative approval for such additional augmentation uses. CASE No. 01 CW 373 -15- • FINDINGS, RUING 3c DECREE 56. Operation: CNR Reservoir Nos. 1 & 2 are entitled to one fill in priority each year. These reservoirs will not be refilled or freshened with water flowing through them. The reservoirs are not augmented structures under the Plan for Augmentation described in Part I -G below. Part I -F CLAIM FOR CHANGE OF WATER RIGHT 57. Names of structures and information from decree for changed water rights: A. Cannon Ditch - Priority 46: 1. Date entered: May 11, 1889 2. Case No.: CA 103 3. Court: District Court, Garfield County 4. Decreed point of diversion: A point whence the Northwest corner of Section 24, Township 6 South, Range 99 West of the 6th P.M., bears N. 28'45' W. a distance of 4155 feet. 5. Decreed Source: Brush Creek, a tributary to Roan Creek, a tributary to the Colorado River. 6. Appropriation Date: June 3, 1885 7. Amount: 3.2 c.f.s, of which 1.6 c.f.s. is the subject of this change decree. 8. Decreed Use: Irrigation 13. Cannon Ditch 2n4 Ent. - Priority 181 CC: 1. Date entered: January 11,1937 2. Case No.: CA 3102 3. Court: District Court, Garfield County 4. Decreed point of diversion: A point whence the Northwest corner of Section 24, Township 6 South, Range 99 West of the 6'h RM., bears N. 28'45' W. a distance of 4155 feet. 5. Decreed Source: Brush Creek, a tributary to Roan Creek, a tributary to the Colorado River. 6. Appropriation Date: February 1, 1924 7. Amount: 6.65 c.f.s, of which 0.4 c.f.s. is the subject of this change decree. 8. Decreed Use: Irrigation CASE No.01 CW 373 -16- FINDINGS, RULING & DECREE C. Note: Applicant has withdrawn its claims related to the Cannon Ditch 1" Enlargement, Priority No. 101, also decreed in CA 103 on May 11, 1889, District Court, Garfield County. 58. Proposed Change: Applicant owns at least 1.6 c.f.s. (50 percent) of the Cannon Ditch - Priority No. 46 and at least 0.4 c.f.s. of the Cannon Ditch 2"d Enlargement - Priority 181 CC. Applicant's interests in the Cannon Ditch and Cannon Ditch 2"d Enlargement have been historically used to irrigate 35.7 acres on Applicant's property. Applicant seeks to change these Cannon Ditch water rights to quantify the consumptive -use associated with Applicant's use of these water rights, and make the consumptive -use available for augmentation under the Plan for Augmentation decreed herein at I -G, below. Consumptive -use under Applicant's Cannon Ditch water rights was calculated by multiplying the irrigated area by net evapotranspiration demands for a hay crop. The net evapotranspiration is 1.62 acre-feet as calculated using the Blaney-Criddle methodology with adjustment for effective precipitation. Evapotranspiration occurs during the irrigation season, April through October. The maximum consumptive -use credits claimed are 57.8 acre-feet per year (1.62 acre-feet x 35.7 acres). Consumptive -use credits will be available to Applicant only when Applicant dries up portions of the 35.7 acres historically irrigated by its Cannon Ditch water rights. The dry up of formerly irrigated lands and consumptive -use credits will be tracked in accounting sheets developed pursuant to the augmentation plan. The consumptive -use credits decreed to the Cannon Ditch water rights, as changed, may be used for continued irrigation or used in the augmentation plan, and any excess consumptive -use credits not used for these purposes and therefore available in any year may be stored in the ponds and reservoirs described in Parts"I = D and -I -E, move. Stored -excess consumptive -use credits when accounted for on forms acceptable to the Division Engineer, shall be available to Applicant for use in future years under the augmentation plan decreed below or otherwise. Applicant will notify in writing the Division Engineer, Water Division No. 5, each year by March 31 of the amount of acreage under the 35.7 acres that it will remove from irrigation during that year, and demonstrate the location of the acreage on a map provided to the Division Engineer with such notice. Applicant shall install adequate measuring devices requested by the Division Engineer in order to administer the Cannon Ditch for irrigation and consumptive -use credit calculation purposes. Several of the ponds described in Part I -D above are located on portions of Applicant's property that are historically irrigated, but will necessarily be removed from irrigation through construction of the ponds. This acreage so removed from irrigation as a result of construction of the ponds described in Part I -D is not irrigated acreage for which CASE No. 01 CW 373 -17- FL's -DINGS, RULING & DECREE consumptive -use credit resulting from dry up under Applicant's Cannon Ditch water rights is claimed under this Part I -F. Notwithstanding this fact, Applicant has agreed that it will not seek the benefit of historical consumptive -use credits for any acreage dried up by construction of the ponds. Part I -G CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION 59. Names of structures to be augmented: A. CNR Spring No. 1 and Elk Cabin Spring: As decreed at I -B above. B. CNR Lodge Well. CNR Office Well, and CNR Fish Camp Well: As decreed at I -C above. C. CNR Pond Nos. 1 through 10: As decreed at I -D above. 00. Water rights to be used for augmentation: A. Cannon Ditch - Priority 46: See paragraph I - F.57.A, above 13. Cannon Ditch 2nd Enl. - Priority 151CC: See paragraph 1- F.57.B, above. C. CNR Pond Nos. 1 through 10: As decreed at I -D above. D. - CNR Reservoir Nos:1 & 2: As decreed at I=E above. 61. Statement of plan for augmentation: Consumptive -use credits decreed to the Cannon Ditch water rights described above for augmentation uses, and/or storage releases from the water rights decreed for storage in this matter, will be utilized to replace out -of -priority depletions from the CNR Lodge Well, CNR Office Well, CNR Fish Camp Well, CNR Spring No. 1 and CNR Pond Nos. 1 through 10, as explained below. The Applicant may choose to implement this plan for augmentation incrementally to achieve the most efficient use of its augmentation -water supply. Under an incremental approach, Applicant may dedicate its augmentation supply to fewer than all of the augmented structures, and curtail diversions creating out -of -priority depletions from structures not augmented at that time. CASE No. 01 CW 373 -18- FINDINGS, RL LING & DECREE A. Augmentation of CNR Ponds: When augmented under this plan for augmentation, the CNR Pond Nos. 1-10 will be kept full by flow-through diversions under the junior ditch - enlargements decreed herein. The use of the flow-through water will result in evaporative depletions to the stream system. Accounting sheets developed for this augmentation plan calculate evaporative losses using the total water surface area of the ponds multiplied by the net evaporation losses. The net evaporation losses per surface acre have been calculated by Applicant's engineer to be: Net Evaporation Month an Feb Mar Am Mia • la J!l Aug Ssp Oct Nov Dec Total Net Evap. ((t) 0.023 0.045 0.10 0.22 0.31 0.43 0.42 0.35 0.25 0,14 0.06 0.027 2.375 The max'mum annual depletion from the 16.341 acres of water -surface area of the ten ponds is 38.81 acre-feet per year. Evaporative losses will be replaced with releases from CNR Ponds Nos. 1-10 and/or CNR Reservoirs Nos. 1 & 2 to Brush Creek at a point physically above any water rights owned by others downstream. The CNR Ponds Nos. 1-10, individually or collectively, may simultaneously serve as augmentation structures for themselves and the other water rights augmented in this plan, and continue flow-through diversions necessary for their piscatorial uses, so long as replacement water is available from one or more of the augmentation sources decreed herein to replace out -of - priority evaporative depletions resulting -from -the -flow -through -diversions -into the CNR Ponds. In the alternative or in addition, evaporative losses may be replaced using the consumptive -use credits decreed herein to Applicant's interest in the Cannon Ditch. Only out -of -priority depletions from ponds actually constructed and diverting shall be required to be replaced. B. Augmentation of CNR Springs: 1. CNR Spring No. 1: The spring is decreed for wildlife, livestock watering, domestic and commercial uses. These uses will include in-house domestic, commercial and dog kennel demands at the ranch maintenance building. a. The facility at full build out will have up to 10 employee beds using 65gal/day/person. Wastewater from these domestic uses will CASE No. 01 CW 373 -19- FINDINGS, RULING & DECRFE be disposed of using a septic tank and leach -field system. Depletions from these uses are assumed to be 10 percent of diversions. Annual diversions are estimated to be 0.728 acre-feet, resulting in annual depletions of 0.073 acre-feet. b. Hunting dogs will be boarded at an average 9 dogs/day using 5 gal/day each. Depletions from the dog -watering uses are assumed to be 100 percent of diversions. Annual diversions and depletions are estimated to be 0.050 acre-feet. c. The facility will include restrooms for off-site employees and a game processing sink, with an estimated combined use of 360 gal/day. Wastewater from these commercial uses will be disposed of using a septic tank and leach -field system. Depletions from these uses are assumed to be 10 percent of diversions. Annual diversions are estimated to be 0.403 acre-feet, resulting in depletions of 0.40 acre-feet. d.Total diversions are estimated to average 1.182 acre-feet annually. Depletions will be calculated in the accounting forms using the actual, metered diversions. Total depletions are estimated to be 0.16 acre-feet annually. 2. Elk Cabin Spring: This spring is decreed for wildlife, livestock watering, domestic, commercial and irrigation uses. These uses will include use at and around Elk Cabin to meet in-house domestic demands, up to 500 square feet of irrigation; and livestock watering demands. a. Guest water use is estimated to average 2 persons/day using 50 gallons each. Diversions for in-house demands are estimated to average 100 gal/day. Wastewater will be disposed of using a septic tank and leach -field system. Depletions from these uses are assumed to be 10 percent of diversions. Annual diversions are estimated to be 0.11 acre-feet, resulting in depletions of 0.01 acre- feet. b. Diversions and depletions from livestock watering (100 percent consumptive) are estimated at 5 animals using 10 gaUday each. Livestock watering diversions and depletions are estimated to be 0.06 acre-feet annually. CASE No, 01 CW 373 -20- FLNDINGS, RULING & DECREE c. Diversions for irrigation of 500 square feet are estimated to be 0.02 acre-feet annually. Assuming 80 percent irrigation efficiency, irrigation depletions will be 0.02 acre-feet annually. d. At full build out, annual diversions for all decreed uses from Elk Cabin Spring are estimated to average 0.19 acre-feet, resulting in annual depletions of 0.09 acre-feet. Depletions will be calculated in accounting forms acceptable to the Division Engineer, and actual diversions will be metered. The CNR Springs will be augmented using releases from the CNR Ponds Nos. 1-10, CNR Reservoirs Nos. 1 & 2, and/or the consumptive -use credits decreed herein to Applicant's interest in the Cannon Ditch. Only out -of -priority depletions from these springs shall be required to be replaced. C. Augmentation of CNR Wells. 1. CNR Office Well: This well is decreed for domestic, irrigation, livestock watering and commercial uses. These uses will include use at and around the Welcome/Office Center to meet in-house domestic demands of guests and employees, up to 15,000 square feet of irrigation, and livestock watering demands for the horse stables. CASE No. 0l CW 373 a. Domestic guest water use is estimated to average 50 persons/day using 10 gal/each. Employees are estimated to average 6/day using 30 gal/each. Diversions for in-house demands are estimated to average6i80 gaday. Wastewater will disposed -of using a septic tank and leach -field system. Depletions from these uses are assumed to be 10 percent of diversions. Annual diversions for domestic uses are estimated to be 0.76 acre-feet, resulting in annual depletions of 0.08 acre-feet. b. Diversions and depletion from livestock watering are estimated at 15 animals using 10 gal/day each, which will be treated as 100 percent consumptive. Annual diversions and depletions for livestock watering purposes are estimated to be 0.17 acre-feet. c. Diversions for irrigation of 15,000 square feet are estimated to be 0.70 acre-feet annually. Assuming 80 percent irrigation efficiency, irrigation depletions will be 0.56 acre-feet annually. -21- FINDINGS, RULING & DECREE d. At full build -out, total annual diversions from the CNR Office Well are estimated to average 1.63 acre-feet, resulting in total annual depletions of 0.81 acre-feet. Depletions will be calculated in accounting forms acceptable to the Division Engineer, and actual diversions will be metered. 2. CNR Fish Camp Well: This well is decreed for domestic, irrigation, and commercial uses. These uses will include use at and around the Branded Rock Village for in-house domestic demands of guests, a dining hall, employees, and 15,000 square feet of irrigation a. Guest facilities will be bunkhouse style. Guest water use is estimated to be 50 gal/day per person and average 60 persons/day May through October, and 20 persons/day November through April. Employees are estimated to average 6/day using 30 gaVeach. In-house demands are estimated to average 3,180 gal/day during May -October and 1,180 gal/day November -April. Wastewater will be treated using septic tank and leach -field systems. Depletions from these uses are assumed to be 10 percent of diversions. Annual diversions for domestic and commercial use are estimated to be 2.45 acre-feet, resulting in annual depletions of 0.25 acre-feet. b. Diversions for irrigation of 15,000 square feet will be 0.70 acre- feet annually. Assuming 80 percent irrigation efficiency, irrigation depletions be 0.56 acre-feet annually. c. At full -build -out, total annual diversions from- the CNR Fish- Camp ishCamp Well are estimated to average 3.15 acre-feet, resulting in total annual depletions of 0.80 acre-feet. Depletions will be calculated in accounting forms acceptable to the Division Engineer, and actual diversions will be metered. 3. CNR Lodge Well: The well is decreed for domestic, irrigation and commercial uses. These uses will include use at and around the Orchard Lake Lodge and Cabin facilities for guest services, a dining facility, spa room, and employees. The well will supply the in-house domestic demands and up to 1 acre of irrigation. a. Guest water use is estimated to average 48 persons; day using 100 gal/each. Employees are estimated to average 7,'day using 30 gal/each. Diversions for in-house demands are estimated to CASE No. 01 CW 373 -22- FINDINGS, RULING Sc DECREE average 5,010 gal/day. Annual diversions for domestic and commercial uses are estimated to be 5.61 acre-feet. Lodge wastewater will be treated using septic tank and leach -field systems. Depletions from these uses are assumed to be 10 percent of diversions. Annual depletions for domestic and commercial uses are estimated to be 0.56 acre-feet. b. Diversions for irrigation of one acre are estimated to be 2.03 acre-feet annually. Assuming 80 percent irrigation efficiency, irrigation depletions will be 1.62 acre-feet annually. c. At full build -out, total annual diversions from the CNR Lodge Well are estimated to be 7.64 acre-feet, and total annual depletions are estimated to be 2.18 acre-feet. Depletions will be calculated in accounting forms acceptable to the Division Engineer, and actual diversions will be metered. The CNR Wells will be augmented using releases from the CNR Ponds Nos. 1-10, CNR Reservoirs Nos. 1 & 2, and/or the consumptive -use credits decreed herein to Applicant's interest in the Cannon Ditch. Only out -of -priority depletions from these springs shall be required to be replaced. D. Annual estimated depletions from the ten ponds, two springs, and three wells benefitted by this plan for augmentation total 42.84 acre-feet per year. The consumptive -use credits changed in the Cannon Ditch (up to 57.8 acre-feet annually) and storage releases are sufficient to offset depletions above potential downstream calling waWr right E. This plan for augmentation does not account for out -of -priority depletions, if any, associated with evaporation from the surface area of ditches connecting the ponds and reservoirs decreed herein, or returning water from such ponds and reservoirs to the stream. Applicant intends that all such ditches will be piped structures, and therefore not have any exposed surface area. To the extent that any such ditches do expose water and are operated in a manner resulting in additional out -of -priority evaporative depletions from their surface areas, the Division Engineer may require additional replacement releases or order curtailment of deliveries through such ditches to replace or prevent such out -of - priority depletions. CASE No. 01 CW 373 -23- FINDL\GS, RULING Sr DECREE F. Applicant shall make reasonable efforts to ensure that silt does not accumulate in the CNR Pond Nos. 1 - 10 and CNR Reservoir Nos. 1 & 2 to a level that interferes with the diversion and outlet devices on these storage structures. Applicant shall not be entitled to count any storage volume that is lost due to the accumulation of silt in these storage structures as releasable storage for the operation of this plan for augmentation. G. The State or Division engineers may assess reasonable transit losses based on demonstrable physical stream conditions for replacement water releases under this plan for augmentation. Nothing herein, however, shall prevent the Applicant from challenging, through any available means including but not limited to judicial determination of appropriate transit loss values, any transit loss assessed by the State or Division engineers. H. A map of the property showing all structures is attached as Exhibit A hereto. A map of the acreage on Applicant's property historically irrigated with the Cannon Ditch water rights changed herein is attached as Exhibit B hereto. A table demonstrating the estimated depletions and augmentation release requirements is attached as Exhibit C hereto. 62. This water to be provided for augmentation is of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of CoLo. REV. STAT. § 37-92-305(5) (2002). 63. Name and address of owner of land on which all structures and application features are located is the Applicant, Colorado Nature Ranch Ll?. 64. The Court has given due consideration to both of the Division Engineer's wvo Summaries of Consultation dated October 10, 2002 and July 14, 2004. See COLO. REV. STAT. § 37-92-302(4) (2002). A copy of each of these two Summaries of Consultation was properly served on all parties to this action. 65. Applicant's plan for augmentation as amended is sufficient to permit the continuation of diversions when curtailment would otherwise be required to meet a valid senior call for water, because Applicant will provide adequate replacement water necessary to meet the lawful requirements of a senior diverter at the time and location and to the extent that the senior would be deprived of his or her lawful entitlement by Applicant's diversion. CASE No. 01 CW 373 -24- FINDINGS, RULING & DECREE 66. The Court concludes Applicant has established that water can and will be diverted under the subject conditional water rights and will be beneficially used, and that this water supply project can and will be completed with diligence and within a reasonable time. 67. The changes of water rights described herein will not injuriously affect owners of or persons entitled to use water under a vested water right or a decreed conditional water right. 68. If operated in accordance with the terms and conditions of this Decree, the plan for augmentation described hereinabove will prevent injury to senior vested or decreed conditional water rights. II. CONCLUSIONS OF LAW 69. The foregoing FINDINGS OP FACT to the extent they constitute legal conclusions are incorporated in these CONCLUSIONS OF LAW. 70. Notice of the Application as amended was properly given. The Court has jurisdiction of the subject matter, the Application, and all persons or entities who had standing to appear whether they did so or not. 71. The Application as amended is complete and covers all applicable matters required pursuant to the Water Rights Determination & Administration Act of 1969, Coto. REV. STAT. ch. 37 art. 92 (2002). 72. Applicant has fulfilled all legal requirements for a decree for the requested wa ter rights, including COLO. REv. STAT. §§ 37-92-302 and -305 (2002). 73. Applicant has fulfilled all legal requirements for a decree for the requested change of water rights, including COLO. REv. STAT. §§ 37-92-302 and -305 (2002). 74. Applicant has fulfilled all legal requirements for a decree for the requested plan for augmentation, including COLO. REv. STAT. §§ 37-92-302 and -305 (2002). 75. The conditional water rights decreed herein are individual components of Applicant's integrated water supply system. Consequently, in subsequent diligence proceedings, work on any one feature of Applicant's supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant's water supply system, see CoLo. REv. STAT. § 37-92-301(4)(b) (2002). CASE No. 01 CW 373 -25- FINDINGS, RULING Sc DECREE 76. The Application is in accordance with Colorado law. Applicant has fulfilled all legal requirements for entry of a decree in this action. III. JUDGMENT AND DECREE 77. The foregoing FINDINGS OF FACT and CONCLUSIONS OF LAW are incorporated herein. 78. The Court hereby confirms and decrees the following conditional water rights, changes of water rights and plan for augmentation: A. Ditches: For CNR Lower Ditch, Secluded Ditch, Bridges Hayes Ditch CNR Enlargement, Scott Ditch CNR Enlargement, and Kreps Ditch CNR Enlargement, all as fully described herein. B. Springs: For CNR Spring No. 1, CNR Spring No. 2, and Elk Cabin Spring, all as fully described herein. C. Wells: For CNR Lodge Well, CNR Office Well, CNR Fish Camp Well, and CNR Irrigation Well No.1., all as fully described herein. D. Ponds: For the CNR Ponds Nos. 1-10, all as fully described herein. E. Reservoirs: For the CNR Reservoir Nos. 1 and 2, both as fully described herein. F. Changes of Water Rights: For the Cannon Ditch, Priority 46 and Cannon Ditch 2nd Enl., Priority 181CC, as fully described herein, and the Court approves these changes subject to the conditions contained in this Decree. G. Augmentation: The Plan for Augmentation as fully described herein, and the Court approves this plan for augmentation subject to the conditions contained in this Decree. 79. The Court hereby orders the State Engineer to issue any required well permits for the wells decreed herein upon application to the State Engineer. 80. In accordance with COLO. REV. STAT. § 37-92-306 (2002), the conditional water rights confirmed shall be administered in regard to other water rights based upon the filing of the Application in the year 2001, except: C.\sE No. 01 CW 373 -26- FINDINGS, RULING do DECREE A. The following water rights, or the specified portions thereof, shall be administered based upon the filing of the Amended Application in the year 2002, each with dates of appropriation of August 28, 200Z: 1. CNR Office Well - 0.250 c.f.s. for domestic, commercial, livestock watering, and irrigation. 2. CNR Fish Camp Well - 0.250 c.f.s. for domestic, commercial and irrigation. 3. CNR Pond No. 1 - 14.0 acre-feet for recreational, wildlife, augmentation and piscatorial. 4. CNR Pond No. 2 - augmentation and piscatorial. 5. CNR Pond No. 3 augmentation and piscatorial. 6. CNR Pond No. 4 - augmentation and piscatorial. 7. CNR Pond No. 5 - augmentation and piscatorial. 8. CNR Pond No. 6 - augmentation and piscatorial. 9. CNR Pond No. 7 augmentation and piscatorial. 10. CNR Pond No. 8 24.6 acre-feet for recreational, wildlife, - 8.4 acre-feet for recreational, wildlife, 10.8 acre-feet for recreational, wildlife, 14.7 acre-feet for recreational, wildlife, 21.74 acre-feet for recreational, wildlife, - 8.4 acre-feet for recreational, wildlife, - 3.9 acre-feet for recreational, wildlife, augmentation and piscatorial. 11. CNR Reservoir No. 2 - 37.0 acre-feet for irrigation, recreational, wildlife, augmentation and piscatorial. B. The following structurefs) shall be administered based upon the filing of the Second Amended Application in the year 2003, with a date of appropriation of June 4.2003: 1. CNR Pond No. 6 - 2.0 acre-feet for recreational, wildlife, augmentation and piscatorial. 81. In consideration of the specific findings and conclusions made herein, and in conformance with COLO. REV. STAT. § 37-92-304(6) (2002), as amended, the changes of water rights and plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of five years after the date on which Applicant provides the Division Engineer and Court with notice that 75 percent of the contemplated depletions under this plan for augmentation have occurred. If no petition for reconsideration is filed within said five years, retention of jurisdiction for this purpose shall automatically expire. C.\se No. 01 CW 373 -27- FLNDINGS, RcuNG & DECREE Any party who wants the Court to reconsider a question of injury must file a verified petition with the Court setting forth the facts causing such injury and explaining the claimed injury. A party filing such a petition shall have the burden of going forward to establish prima facie the facts alleged in the petition. If the Court finds those facts established, Applicant shall thereupon bear the burden to show that: (a) any modification sought by Applicant will avoid injury to other water rights, or (b) any modification sought by petitioner is not required to avoid injury to other water rights, or (c) any term or condition proposed by Applicant in response to the petition avoids injury to other water rights. 82. In conformance with CoLo. REv. STAT. § 37-92-305(8), the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 83. The Applicant shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the opera tion of this plan. The Applicant shall file an annual report with the Division Engineer by November 15 of each year summarizing the diversions and replacements under this plan. 84. Before constructing and/or operating the subject wells pursuant to this plan for augmentation, the Applicant shall obtain well permits issued pursuant to COLO. REV. STAT. § 37-92-137(2) and this plan for augmentation, subject to and conditioned upon the rulings and findings made herein. No such well permits shall be issued until enough of the designated CNR Ponds and Reservoirs have been constructed as needed to provide replacement water, and filled with adequate replacement water, and written notice has been provided to the Division Engineer. Such notice shall include an as -built stage capacity table, an estimate of the active capacity of the reservoir, a profile of the reservoir showing the elevation of inlet and outlet structures, and confirmation that an operable and lockable outlet structure has been installed, all as provided by statute. 85. The Applicant shall not construct a well or any structure which exposes or uses groundwater without either a well permit or a surface -water right and a determination by the Court that the structure is a near -surface structure as defined at COLO. REv. STA r. § 37- 90-103 (21)(b). 86. The conditional water rights decreed herein shall be in full force and effect until the end of DECEMBER ,201 1. If Applicant wishes to thereafter maintain the conditional cater rights decreed herein, it shall file an application for a finding of reasonable dilige nce on or before that date, or make a showing on or before then that conditional water righ is have become absolute water rights by reason of completion of an appropriation. c\<F. NO. 01 CW 373 -23- FINDUCs, Rt t i\ & DFrtre 87. Review of determinations made by the Division Engineer or the State Engineer in the administration the subject water rights and/or plan for augmentation are "water matters" over which this Water Court has exclusive jurisdiction. 88. Pursuant to Rule 9, Uniform Local Rules, State Water Court Divisions, upon the sale or other transfer of the subject conditional right(s), the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: The title and case number of this Case No. 01 CW 373; The description of the conditional water right transferred; The name of the transferor; The name and mailing address of the transferee; A copy of the recorded deed. The owner of the conditional water rights shall also notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 01 CW 373 and in the case tile (if any) in which the Court first made a finding of reasonable diligence. It is accordingly ORDERED that this Ruling of Referee and Judgment and Decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to COLO. REV. STAT. § 37-92-304 (2002). It is FURTHER ORDERED that a copy of this RuIhng of Referee and rudgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. DoNEat Glenwood Sprirtgs, Cotorado, this flay of h\OVgrab ftf , 2200S. BY THE REFEREE: Ccpy of the foregoirg malted to all Counsel / of Record, Water Referee, Div. Engineer and State EngineeiDate 11A4/45' ramod Olt* Vida* Ali.t0- L ;lStin��abffds �-A� gib*, lhN C.\st No. 01 CW 373 -29- Lain Leoniak,-Wa Water Division No. 5 eferee FL\DtNCS, RLL INC do DECRt E No protest to the foregoing Ruling of Referee were filed in this matter. The foregoing Ruling of the Referee is therefore confirmed and approved, and is made the Judgment and Decree of this Court. DONE this _Aiirdof/ �„��i , 200 BY THE COURT: Copy of tha foregoing mailed to all Counsel of Record, Water Referee, Div. n inr and State Engineer Date/er- Ceputy C ezt, Water Div. 5 CASE No. 01 CW 373 -30- Fi`DL\es, RI. LING St DEC"' e Exhibit A II SCALE IN FEET, Ju Ifo• ; „ 'COLCRADO elle. 11., l �I. ER rt"-bn]i 4"17 `'ENGINEERING I. 4'0. ti234561 C.✓1 Egn«ry N by am n.r...r-vn arm✓ r w ✓n' Water Rights Location Map i uiorlr.0 ILrt n Table 10 Average Water Diversions and Consumptive Use Demands Colorado Nature Ranch - GadMld County, CO. JAN! FERE MAR APR! MAY! JUNll JU7 41101 SEP OCT, NOV, DEC, ANNUAL DIVERSIONS' ..SI MO n-!WM K -n )44:7 rNa i:Ns MNflag on ac.n 1 10C 0000 0.431 3000 0.477 1113/ 0300 0.5741 0.717 0413 0.114 1513 3 321I 02:5 0.11111-0.414E 0.111 0,251 0000 0.102r 0.411 01001 :0:: 0.477' 1131 CNA Lodge WagTaal 0.477 CNRF an Camp 'Nal n.n0u54 ac -fl 0102 0101 3 00 /12 0100 0119. 1.03 0.293 )-3301 2113 00'42 3303 0.^6 3303! 1293 01161 1011 0]33 1043 0119 0660 0.1111 :453 C 3:0L 1'7 C.RFIn Camp HMO m2nan Ica 1.0[0 CNR FW Camp Y410 Tota rob 0.111 0.101 0.112 0.1471 0.404 0.431 0174 0.4191 0.370 0.344 0.101 0.112 3.141 0031 0034 3-133 30041 0333 1034 06341 0013 ^.1341 0.033 0.34' 1 -NR Sprung l' Vaal 6109 son 0034 GAN iprrcl. E,epcye@!O4..ngan41 3.313 3,56 6.82 1160, :162 114 0062 3052 0000 031 0.040 0:02 3::x .NR Sung 1--#03 H0.4,1 •c6 1004 0100 1004 0.011 .1104 0.100 00041 :JAI 3004 0.011 0.104 0.017 0004 0.100 1004r 0.100 3304 0.017 C.004 0.100. 1004 0 017 1.214 0 0.100 1.111 CNR Spring N4.1 ac41 ' CNN •28.04 Waa140u34 nue :.055 0054 0065 3,643 ..126 1063 0045 0.065 2063 085, 0.63 3:651 62 CNR 0140* .054 I,r.slOck ..2 1014 0013 0014 0.014 3.014 101 0014 0014 3014 1414 01•4 :3141 30'.,10 •'N11CRO M41nxp000 act 0083 0600 0000 ]039 0103 0'42 316 01.6 1.07 1643 5000 )000 369/ CNR 01119 Well Total 3>A 0.071 0.071 0.075 0.116 0.112 0.111 0.266 0.194 0.164 0.111 0.014 0.071 1.117 elk Cahn SR re "cum 1611 0010 1000 0.010 3000 0110 0100! 0010 .old1.009 0010 3300 0310 ]": ZIM Cahn 5p1r4.1v44I0CA ..c-1 0005 1304 1605 6005 0005 1105 603 0.-45 0:43 0305 3165 3075 0.:`-6 1.v 3*,n Sprier] imgatOn 4-.1 0 COO 0110 0 060 1001 0003 0045 306 0.104 0.003 1001 0100 5100 0123 Rik Cabin Spdne Total a-5 , 0.014 0.013 0.014 0.016 0,011 0.011 0.020 0.011 0.011 0.011 0.014 0.014 0.191 Pond Evaporation 4041 0.35 0.73 1.43 3.40 0.07 7.03 4,14 5.12 4.09 2.11 0.94 0.44 38.101 Total. Lid -ft 1,14 1.44 2.43 464 465 957 1.71, 7.17 LN 3.47 1.14 1.22 52.114 CONSUMPTlVj. USE 0.1R Lodge Will ln.tOJ ac41 0.344 3043 3.048 0044 0044 044 0046 0041 0046 0064 0.046 03450 0.561 1 ..NR Lodge vu41m0a1.0 acd 0000 1100 3000 0690 0240 0,330 1410 0.270 0160 0'00 0600 :0001 16:0 CNR Lodge Wel Total 0.044 0.043 0.046 0.130 0.2M 0.371 0115 0,311 0.311 0.148 0.041 00441 2.151 CWI Fm Camp AN In410.62 ac# 0011 0.010 3011 0011 0030 0120 0030 0030 3020 0630 0011 0611 1.240 CNRF,In Camp nWunyran xfi 0000 0000 0000 3031 0083 0.114 0.141 3.093 0062 0034 0100 0000 054d CNR 7164 Canto WM Total .cl1 0.011 0.010 0.011 0.041 0.113 0.143 0.171 0.123 0.041 0.010 0.011 0.011 0.403 CNRS0rq I .Mau!l 0100 acs 0003 0003 0003 0003 0.003 0003 0003 0.003 0.003 0003 0003 0003 0.040 CNR Sprung 1 .EmptOyaa HON6ng apn 0rile 006 0336: 0.106 0018 0006 3306 0.X6 3100 0.106 0206 1105 3073 CNN SR.rg 1 .003 Ho-al4 4064 00043 0.0.35 3.0043 03041 00643 10041 00043 0.0043 00041 3:)043 10041 00043 3.050 0/4R SprIM M0.1 4241 0.014 0.013 0.014 0.0131 0.014 0.013 0.014 0,014 0.013 0.014 0.013 0.014 0.104 CNR Ceti W11nh0u4 ao6 0006 1014 0006 0006 0011 0.014 00061 0.014 3606 0014 axe 0006 0.014 0014 0006 0006 0.106 0.014 0014 0014 0000 0.003 5014 1314 0076 0 'CA CNR 0160 'MR Livestock 44-6 0NR 01144 Awl 'mMlgn 4441 '30[0 1000 0040 0031 3043 0114 0.141 0093 0062 0034 3000 0000 0`56 CNR 061ce VON Tont acs 0.011 0.015 0.021 0.051 0.103 0.134 0.152 0.114 0.043 0.065 0.020 0.021 0.502 F01050sn 5 In0.I-noun 44-0 0.301 1001 0.]01 0601 0.341 1901 .3.001 0001 0001 0.001 0601 0001 ' 0311 FIM Caen 310n9l.va4104, ec-11 3)05 1004 00061 0005 0005 1005 0105 1003 1605 0.005 0163 6':05 3050 61RCabnSMnglnTluan. ..-. .ao#-.-`-_4064-1040-_ 0005 0.006 n,t:n 1001 0in1 `.NR-1QQ 1001` 3002 0001 0.000 3.000 1319 Er 0.1 Cabin SpM9 total 4 0.0051 0.007 0.000 0.005 0.010 0.001 0.001 0.007 0.004 0.001 0.044 pond Evaporation ac -6 131 0.73 1.13 3.44 5.07 7.03 1.15 5.71 4.01 2.25 094 0.441 31.501 Totals soft 1 0.64 0.12 1.73 3.54 5.5* 1.10 1.54 6.30 4.51 IN 10S 0.441 42.544 SUMMARY OF INPUT DATA U5001N CALCULATING DEMAND! CNR LODGE WELL Aa0 Lodge Gunn 9r day Guaa1 Nar use Employ*** Employ* Mier us* ConoumpIva In.nou0 um lrrgaled Area Ir q mon Elk any 40 160 3a40uameay 0 .a wry 10' a .31 lye/mons 41560 pa i:4 PONO3 Pxd A Watt Ferure S,r'aco sea 14.141 aces CNR OFFICE WELL Avg Ousel pr lay Guest Nair u00 C"poyeal rap ape Nam -Al :crum- coal .rvew1e ,so L retlu:M 4naS 331ad A.46 • 1.C.2.1 t Le icy 50 13 LE Sult lay 6 21 %ay •u 1 ct 3{MA.:fI 15 113 i[a..'4 060Gscn CNRF1511 CAMP WELL Avg G*w par day Peak mason Avg Cuomo per Jy 06 season Guar Neater urn Lmploye@t Elroy* Watef Lida 001Wrrp044 nFlWle JN Imgate@ N* rr ybon Etcrcy 60,M1) Nu Oci 20Nor14 50 94/gusv44477 6 30 0an1y 103 013vrbrt 15Cu010 n 8353 CNR Spring 010.1 MamMrm10 014g 360 ;a:1011 CO^.mrrpme I0 10us4 sae Employe@ /.wing ]mp0yM NOV um :om.,LcgM ran. 4.5 df 3P •caVrmn A 3 -Cosh 1 r.j 164411.0 140:11 10 65 2.4day 9 EIA Cabin Sping id2 Gast. car 14y ,Cues! War .da . MINmplve:q /cum Life .,05100 u.111 Salad Aea ';.un ES'ce.ry 2 50 ca.:-rv.:ay u"4 :13 .4'43r4 5 SCO .15 n.t Canoumplrve me Cemmds y..J L.Jr•:.:..n 1 Feb Ma +y May Jut Aug sup, 344 ray . r.1 0000 ./ • wy iEM0W; :.r 1,•43065 PALL 1 OF 2 0 0 c c c E 0 4 s gt Jig 1— or o 0 ation Demands Augmentation Summary 13 Excess Credits t0 Storage (ac -ft) 00 o 0 0 O 0 O 0 N 0 0 0 0 o N N 12 Req'd Storage Releases La -ft) 0.00 _J 88P-188882 0 0` 7 O O O O q N C? 0.00 O O o m N 10 11 Historic Irrg Consumptive Call Use Credits Period (ac -ft) I I `�@ 0 0 0 .N-2 NNn ee '888888 O) n eb¢eeae ao � O aixi4ca n m N N m 2 0 0 Im iia mio 0.48 0.82 1.73 aa o at) 5.59 7.70 7.67 too uniovmi ci.-o 4280 c Coo � t888`888E88808 00000 oa0000 , o a. Z, N Z so 6 U .c a O at) 000000000 0 0 0 O O O 0 O E. 0 0 0 0 0 0 0 0 0 0.010 0.010 0.010 0 ao� us Z E° U fJ 0.011 , 0.010 0.011 P. c c c o 0.123 0000 o 0 0 0 0.80 eg aNZ112 y u 0 m 0.021 0.019 0.021 o 0.103 0.134 0.162 . 0 0N 0 I 0.055 0.020 0.021 0 K s a= YZ a1 U 0 y 0 JO 0.048 0.043 0.048 A O 0.288 0.376 0.458 as e) O CO Nr O 0.148 0.046 0 048 m N m O j u - W R m r.[co CCPin o o r m N 01 pppp CO 0a0 b h l0 5 7191 4085 CO 0 0i O Nlo o CO co r aN N C j t jW ,0Ioj000 NON N O N01 0.310 0.430 0.420 N m N 0o 1_0 060 0.027 N c r 0 i i-3I�2.< z'm'ac,a ¢u 2 r 2-00.1->q-) C0»wo -) <V)0Z:0 Ow 1- 1- 0 0 a m a 8 g ex a z 0 a Ag r X o 3 I x i 0 p g n t . N p R W - LC x 1. Z as 1 N p y 1 N s0 Y,p,,� 1 Z`0Z i i ae t S x Y 1 e r 18aag Ra- N D O$ Y a H C Q 1 N yg d A V 4 3'14.N t w 3 4 E 4-aGsp 9 y 1 o s at °M1 a Ne J 2 2 � A n4 m a 9 g liyyOyys g yx U°TOfqjuN n _ Ju E E ^) v 2.7121 2 U ,X 2 ✓ t .l S .) r n Y 3 .3 rZ' 3 3 .-