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JDF 297W R7/09 APPLICATION FOR WATER STORAGE RIGHT AND CERTIFICATE OF NOTICE Page 1 of 4
District Court, Water Division 5
Garfield County, Colorado
Court Address: 109 Eighth Street, #104
Glenwood Springs, CO 81601
CONCERNING THE APPLICATION FOR WATER RIGHTS OF
Applicant: DAYBREAK REALTY, LLC
IN GARFIELD COUNTY
COURT USE ONLY
Attorney’s Name and Address:
Mark N. Williams
Mark N. Williams, P.C.
2754 Compass Drive, Suite 130
Grand Junction, CO 81506
Phone Number: (970) 242-2111 E-mail: mwpc@netzero.com
FAX Number: (970) 242-8466 Atty. Reg. #: 10753
Case Number:
2009CW56
Division Courtroom
APPLICATION FOR WATER STORAGE RIGHTS
1. Name, mailing address, email address, and home telephone number of applicant:
Daybreak Realty, LLC 400 Panamint Road, Reno, NV 89521 bgraham@ridgellc.com 408-391-7473
2. Name of Reservoir: Upper Pond
3. Legal description of location of dam centerline:
County: Garfield
NE 1/4 of the
NW 1/4 Section
30
Township
7
N or S
Range
95
E or W
Principal Meridian
6th
962 Feet from N and 2040 Feet from W
Street Address: N/A
4. Source: Runoff as well as Number One Ditch water from Dry Creek which is tributary to the Colorado River.
Name of ditch used to fill reservoir and capacity in cubic feet of water per second (cfs): Number One Ditch
(ID 708); 3.86 cfs
5. If off-channel reservoir:
Preferred Legal Description of the Point of Diversion:
County: Garfield SE 1/4 of the
SE 1/4 Section
30
Township
7
N or S
Range
95
E or W
Principal Meridian
6th
Distance from section lines (section lines are typically not property lines)
330 Feet from S and 330 Feet from E
Street Address: N/A
6. A. Date of appropriation: April 15, 2006
B. How appropriation was initiated: Engineering and design activities
C. Date water applied to beneficial use: Pond is not yet constructed
JDF 297W R7/09 APPLICATION FOR WATER STORAGE RIGHT AND CERTIFICATE OF NOTICE Page 2 of 4
7. Amount claimed:
A. 2.55 acre feet conditional
B. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 1.25 cfs
8. Use: Store and supply water to the Fire Pond
9. Surface area of high water line: 15,708 sq. ft.
A. Vertical height of dam: 9.5 ft.
B. Length of dam in feet: 250 ft.
10. Total capacity of reservoir in acre feet: 2.55
Active capacity: 2.55 Dead storage: 0
11. Name of Reservoir: Fire Pond
12. Legal description of location of dam centerline: County: Garfield SE 1/4 of the
SW 1/4 Section
19
Township
7
N or S
Range
95
E or W
Principal Meridian
6th
Distance from section lines (section lines are typically not property lines)
1073 Feet from S and 1372 Feet from W
Street Address: N/A
13. Source: Runoff as well as flows in an unnamed tributary which is tributary to unnamed tributary which is
tributary to the Colorado River as well as Number One Ditch water from Dry Creek which is tributary to the
Colorado River as well as discharge from the Upper Pond described above.
14. A. Date of appropriation: April 15, 2006
B. How appropriation was initiated: Engineering and design activities
C. Date water applied to beneficial use: Pond is not yet constructed
15. Amount claimed: 0.31 acre feet Conditional
16. Use: Storage of a least 0.15 acre feet (50,000 gallons) for fire protection as well as remaining capacity for
watering of trees and other landscape in the recreational vehicle park
17. Surface area of high water line: 5,973 sq. ft.
C. Vertical height of dam: 9.5 ft.
D. Length of dam in feet: 114 ft.
18. Total capacity of reservoir in acre feet: 0.31
Active capacity: 0.31 Dead storage: 0
19. Applicant is the owner of the land upon which the new storage structures will be constructed and upon which
water will be stored.
Name of Owner Mailing Address
Daybreak Realty, LLC 400 Panamint Road, Reno, NV 89521
20. Fire Pond will be filled and refilled in priority. Adequate measuring devices will be installed.
__Mark Williams (signature on file)____6/23/09______
Signature of Attorney (if applicable) Date
JDF 297W R7/09 APPLICATION FOR WATER STORAGE RIGHT AND CERTIFICATE OF NOTICE Page 3 of 4
VERIFICATION AND ACKNOWLEDGMENT OF APPLICANT OR OTHER PERSON HAVING
KNOWLEDGE OF THE FACTS STATED IN THIS APPLICATION
Being first duly sworn, I hereby state that I have read this Application, that I have personal knowledge of the facts
stated and verify its contents to the best of my knowledge, information, and belief.
William G Merrill (signature on file) 6/23/09
Signature Date
The foregoing instrument was acknowledged before me in the County of Mesa, State of Colorado, this 23rd day of
June, 2009, by the person whose signature appears above.
My Commission Expires: 9/05/2010
Penelope Roundtree (signature on file)
Notary Public/Deputy Clerk
The person signing this verification is: Applicant Engineer Other Hydrologist for Applicant
Verifications of other persons with knowledge of the facts may be attached to this Application.
JDF 297W R7/09 APPLICATION FOR WATER STORAGE RIGHT AND CERTIFICATE OF NOTICE Page 4 of 4
District Court, Water Division
Garfield County, Colorado
Court Address: 109 Eighth Street, #104
Glenwood Springs, CO 81601
CONCERNING THE APPLICATION FOR WATER RIGHTS OF
Applicant: DAYBREAK REALTY, LLC
IN GARFIELD COUNTY
COURT USE ONLY
Attorney’s Name and Address:
Mark N. Williams
Mark N. Williams, P.C.
2754 Compass Drive, Suite 130
Grand Junction, CO 81506
Phone Number: (970) 242-2111 E-mail: mwpc@netzero.com
FAX Number: (970) 242-8466 Atty. Reg. #: 10753
Case Number:
2009CW56
Division Courtroom
CERTIFICATE OF NOTICE
I, Penny Roundtree, hereby certify that I have provided a copy of the application filed on June 23, 2009,
with the Court to the following landowner(s) upon which any new diversion or storage structure or
modification to any existing diversion or storage structure or existing storage pool is or will be
constructed or upon which water is or will be stored:
Daybreak Realty, LLC
400 Panamint Road
Reno, NV 89521
The application was provided to the landowner(s) by Certified or Registered mail, return receipt
requested, within 10 days after the application was filed with the Court.
Date: June 23, 2009 Penny Roundtree, Secretary (signature on file)
Signature/Title