Joint Application for
of Reasonable Diligence.
2001CW105 (W-8771-77, 82CW335, 82CW369 and 94CW183),
PARK COUNTY, Will-O-Wisp Metropolitan District (Lee H. Johnson, Donald F. Cutler, Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203-4539, (303) 861-9000; Richard W. Toussaint, Toussaint, Nemer & Coaty, P.C., 3081 Bergen Peak Drive, Suite 210, Evergreen, Colorado 80439, (303) 674-0800) and North Fork Associates, L.L.C. (David C. Lindholm, P.O. Box 18903, Boulder, Colorado 80308, (303) 442-2555).
Joint Application for Sexennial Finding of Reasonable Diligence.
2. Name of Structures: Woodside Reservoir.
3. Description of conditional water right:
A. Date of Original Decree: December 7, 1978, Case No. W-8771-71, Water Court, Division 1, State of Colorado.
B. Location: Woodside Reservoir will be located in the E1/2 SW1/4, of Section 26, Township 6 South, Range 72 West, 6th P.M., Park County, Colorado, on Lots 132 and 133 of Unit 5 of the Woodside Park Subdivision. The outlet of the Reservoir will be located at a point approximately 1,400 feet from the South section line and 2,400 feet from the West section line of said Section 26.
C. Source: Elk Creek and an unnamed tributary to Elk Creek.
D. Appropriation Date: September 1, 1977 for 50.0 acre feet of water
E. Use: Domestic, municipal, irrigation, recreational, light industrial, piscatorial, fire fighting, exchange, commercial and all other beneficial uses.
4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use.
A. Will-O-Wisp operates an integrated Water Supply System under § 37-92-301(4)(b), C.R.S., including the contractual right to use Woodside Reservoir. During the diligence period, Will-O-Wisp has continued the development of its Water Supply System. Activities have included contracting to acquire fee ownership of the Woodside Reservoir conditional water right and reservoir site, continued study and work on the Glasman Ditch No. 2, ongoing operation of the Water Supply System and analysis of increased water supply opportunities. Prior to the diligence period, the District filed for bankruptcy protection. Although the District has emerged from bankruptcy during the diligence period, its ability to spend funds for development of its water supply system remains subject to constraints resulting from the resolution of the bankruptcy proceedings. These constraints have existed during the diligence period and therefore Will-O-Wisp’s diligence activities have been constrained due to the financial difficulties experienced by the District.
B. During the diligence period, North Fork Associates, LLC and the Will-O-Wisp District have negotiated concerning conveyance of the Woodside Reservoir conditional water right to the District. Costs have been incurred by both North Fork Associates, LLC and the Will-O-Wisp District in this regard during the diligence period.
C. During the diligence period, Will-O-Wisp conducted studies regarding water availability and feasibility regarding Woodside Reservoir. These efforts have included a review of prior engineering reports, core sampling and water availability studies. In addition, Will-O-Wisp has updated flow calculations on Elk Creek for incorporation into the District’s planning process and for use at the Woodside Reservoir site and investigated alternate places of storage for the conditional water right. The District has incurred both legal and engineering expenses during the diligence period in connection with these activities.
D. During the diligence period, the District has evaluated prior head gate and diversion structure designs associated with both the Glasman Ditch No. 2 and Woodside Reservoir and has conducted initial engineering updates on said designs. Costs associated with this effort have been incurred by the District during the diligence period.
E. By a previous agreement with North Fork Associates, Woodside Reservoir will serve as a forebay for surface water diversions from Elk Creek to the Will-O-Wisp District’s municipal water supply. During the diligence period, Will-O-Wisp has obtained initial estimates of a pump station and pipeline costs and parameters to convey the water from Woodside Reservoir and the Glasman Ditch No. 2 to the District. These engineering studies are ongoing. Costs associated with this activity have been incurred during the diligence period.
F. During the diligence period, North Fork Associates, the current owner of Woodside Reservoir, has conducted various environmental investigations, in part, to permit the development of the decreed conditional water right of Woodside Reservoir. Costs associated with these efforts were incurred during the diligence period.
G. During the diligence period, the District has initiated easement and permitting activities associated with the construction of the pipeline from the Glasman Ditch No. 2 and Woodside Reservoir site to the District. A pump station and pipe line is necessary to convey water stored at Woodside Reservoir to the District. Costs associated with these activities have been incurred during the diligence period.
5. Water Applied to Beneficial Use: N/A
WHEREFORE, Will-O-Wisp and North Fork Associates, LLC request the Court to enter its decree and ruling as follows:
A. To make a finding of reasonable diligence with respect to the conditional water right decreed for Woodside Reservoir in Case No. W-8771-71, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. (7 pages)
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