2014-10-10_PERMIT FILE - C1996083 ‎(4)‎

• Permit No: C1996083
• IBM Index Class Name: Permit File
• Doc Date: 10/10/2014
• Section_Exhibit Name: Volume III Exhibit 02 Water Augmentation
• Media Type: D
• Archive: No

Application of Bowie Resources, LLC
Application for Conditional Water Right and for
Conditional Appropriative Right of Exchange
Page 4
12. Source of Substitute Water: Through a lease agreement with the Leroux Creek Water
Users' Association, Applicant controls the water storage supply within the Holy Terror
Reservoir and Rex Reservoir, both of which are located in the upper headwaters region of
West Fork Terror Creek. The two reservoirs have decreed capacities of 169.6 acre feet
( "AF ") and 18.4 AF respectively and the water supply has historically been used for
irrigation purposes. Under the terms of the lease, water from storage in these two
reservoirs can be released into West Fork Terror Creek for delivery to downstream
irrigation users in Terror Creek. In exchange for this substitute supply, Applicant shall
take an equal amount of water from West Fork Terror Creek at the Bowie Spruce Stomp
Diversion, less an appropriate deduction for transit loss. The substituted water will be
delivered to the downstream location of the Bowie Spruce Stomp Diversion described in
Paragraph 3. The continuity, quantity and quality of the substitute water supply will be
sufficient to meet the requirements of use associated with the downstream irrigation users
located on Terror Creek.
A. Holy Terror Reservoir
i. Decree: February 10, 1930.
CA2030, District Court, County of Delta, State of Colorado.
ii. Location: The initial point of survey of said Reservoir is at a point
whence the Southeast corner of Section 12, Township 12 South of Range
93 West of the 6`h P. M. bears north 78° 36' West 15,784 feet, and the
mouth or outlet pipe is at a point whence the initial point bears North 830
27' 30" West 327.5 feet.
iii. Source: Natural drainage and head waters of Holy Terror Creek.
iv. Amount: 169.60 acre feet; irrigation.
B. Rex Reservoir and Rex Reservoir Enlargement
i. Decree: February 10, 1930
CA2030, District Court, County of Delta, State of Colorado; and
March 20, 1954
CA3503, District Court, County of Delta, State of Colorado.
ii. Location: The headgate of said reservoir is situated upon the headwaters
of Holy Terror Creek whence the southeast corner of Section 12 Township
12 South of Range 93 West of the Oh P. M. bears north 870 20' 63" west