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Division 5 Water Court-October 2011 Resume

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Division 5 Water Court-October 2011 Resume DIVISION 5 WATER COURT-OCTOBER 2011 RESUME 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW135 PITKIN COUNTY. ROARING FORK RIVER ALLUVIUM. Mountain Queen, Inc., c/o Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq. and Danielle M. Luber, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHT. FIRST CLAIM: FOR CHANGE OF WATER RIGHT. Decreed water right for which change is sought: Name of structure: Wilkinson Well, Well Permit No. 74951. Date of original decree: April 5, 2005. Case No.: 03CW231. Court: District Court, Water Division No. 5. Decreed description of the well: The decreed location is in the NE ¼ of the NE ¼ of Section 29, Township 10 South, Range 84 West of the 6th P.M. at a point approximately 3,505 feet South of the North section line and 2,065 feet West of the East section line of said Section 29. Source: Roaring Fork River alluvium. Appropriation date: July 10, 1974. Amount: 10 g.p.m. (0.022 c.f.s.), absolute. Use: Domestic and fire protection. Well Depth: Approximately 75 feet. Detailed description of proposed change. Change requested: Applicant requests a change in the location of the Wilkinson Well only to correct the decreed legal description described above. The legal description decreed in Case No. 03CW231 was incorrect. Location: The correct legal description is the SE ¼ of the NE ¼ of Section 29, Township 10 South, Range 84 West of the 6th P.M. at a point approximately 1,370 feet South of the North section line and 10 feet West of the East section line of said Section 29. Amount: 10 g.p.m. (0.022 c.f.s.), absolute. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW136 GARFIELD COUNTY. Cattle Creek, trib. to Roaring Fork River, trib. to Colorado River. Application for Finding of Reasonable Diligence. Applicant: Kathy Weiss Stephenson, c/o Balcomb & Green, P.C, P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. CLAIM FOR FINDING OF REASONABLE DILIGENCE. Structure: Weiss No. 1 Pond. Original decree: Case No. 96CW311, Dist. Ct., W.D. 5. Subsequent decree: Case No. 04CW185, Dist. Ct., W. D. 5. Location: SE1/4SE1/4, Sec. 14, T. 7 S., R. 88 W., 6 th P.M. N. 40 deg., 00’ W. a dist. of 1,600 ft. from the SE Corner of said Sec. 14. Approp.: 11/26/1996. Amt: 4.0 a.f., cond. Use: augmentation. Weiss Well No. 1. Located at a pt. whence the W. Qtr Corner of Sec. 14, T. 7 S., R. 88 W., 6th P.M. bears N. 73 deg., 38' 51" W. 4,140.81 ft. Described as being in the NW1/4, SE1/4, Sec. 14, T. 7 S., R. 88 W., 6 th P.M. at a pt 1,450 ft. from the S. Sec. line and 1,550 ft. from the E. Sec. line of said Sec. 14. Depth: 200 ft. Approp: 5/22/1978. Amt: 0.033 c.f.s. cond. Use: irr., dom., stockwatering for up to 10 head of livestock and comm. Park Ditch Weiss Enlargement. NW1/4, Sec. 7, T. 7 S., R. 87 W., 6th P.M. whence a red spruce 30" in diameter marked “B/T” bears N. 11 deg. W. 65 ft, the NE Corner of Sec. 13, T. 7 S., R. 87 W., bears S. 14 deg. W. 3140 ft. Approp.: 11/26/1996. Amt: 1.0 c.f.s. cond. Use: aug. by filling and release from Weiss Pond No. 1. Names and addresses of owners of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Diligence activities described in application. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW137 EAGLE COUNTY-SEVEN CASTLES CREEK, TRIBUTARY TO THE FRYINGPAN RIVER, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Rick L. Woolery; P.O. Box 131; Basalt, CO 81621. (970)927-4260. Buckshot Pipeline-Application for Water Rights (Surface). Location: NE¼SW¼ of Sec. 2, T.8S, R.86W. of the 6th P.M. 1,648 ft. from the south sec. line and 2,339 ft. from the west sec. line. Appropriation: June 1, 1981. Amount: 0.0267 c.f.s., absolute. Use: irrigation. Name and address of landowner upon which structure is located: Harry M. Kreidler Trust c/o First Bank, Laporte N.A. Trustee; P.O. Box 5036; Indianapolis, IN 46255. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the OCTOBER 2011 RESUME WATER DIVISION 5 PAGE 2 applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF OCTOBER 2011. 11CW138 (04CW03). IN EAGLE COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF EAGLE RIVER WATER & SANITATION DISTRICT. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Glenwood Springs, Colorado 81601. 1. Name, address and telephone number of applicant: Eagle River Water and Sanitation District (the “District”), c/o General Manager, 846 Forest Road, Vail, CO 81657, (970) 595-0138. Direct all pleadings to: Glenn E. Porzak, Thomas W. Korver, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302 (303) 443-6800. 2. Name of structures: A. Gore Creek Intake for Booth Creek Treatment Plant. Type: Direct Flow. B. Plow Spring. Type: Direct Flow. C. Log Chute Pump Station. Type: Direct Flow. D. No. 245 Pumphouse and Pond. Type: Direct Flow. E. Main Gore Municipal Ditch and Pipeline. Type: Direct Flow. F. Hoyt Pipeline. Type: Direct Flow. G. Hoyt Reservoir. Type: Reservoir. H. E.C.D.C. Reservoir. Type: Reservoir. I. K.A.C. Reservoir. Type: Reservoir. 3. Description of water rights: A. Gore Creek Intake for Booth Creek Treatment Plant: (i) Original decree: July 29, 1974, Case No. W-2167, District Court, Water Division No. 5 (the “Water Court”). Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos. W-2167-78 (August 12, 1980); consolidated cases 82CW90, 82CW116, 82CW124 and 82CW324 (June 17, 1985); 86CW107 (August 27, 1986); 90CW88 (December 11, 1992); 96CW127 (March 28, 1997); and 04CW03 (October 31, 2005). (ii) Location: On the right bank of Gore Creek in the SE¼ of the SE¼ of Section 3, T.5S., R.80W. of the 6th P.M. at a point whence the Southeast corner of said Section 3 bears S. 2130' E. 970 feet. Alternate Points of Diversion: Wells R-2 and R-7 were decreed as alternate points of diversion in Case Nos. 83CW258 and 86CW72, respectively.
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