In October 1967 the Routt County District Court was petitioned to change the point of diversion for the Walton Creek ditch. The court granted the petition and the court order confirmed that EJ and Patricia Fox owned 3.75 CFS. In March 1976 EJ and Patricia Fox sold land and water rights, excluding .5 CFS. This transaction was later modified by a quit claim deed recorded in July 1983, reducing the exclusion to .25 CFS and dedicating that water right to the Fox Estates subdivision.

The house on lot 19 was built in 1969, before the subdivision was created, and it had a well. The first few houses built after the subdivision was created were pumping water from McKinnis Creek. At some point in the early 1970’s Fox Brothers Enterprises built a water storage tank on the 43 acres parcel that they owned east of the subdivision, and began pumping water from the Walton Creek ditch for the benefit of the subdivision. In 2003 a deep well was drilled to replace the surface well. A property survey from 2008 does not show a utility easement to access the water storage tanks. The property was sold that year “together with improvement” according to the deed. The property was sold again in 2015 “together with improvement” according to that deed.