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In the District Court in and for Water Division No

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In the District Court in and for Water Division No IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of May, 2011. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. CASE NO. 2011CW46. Applicant: Alan and Penelope Bishop, 13475 6900 Road, Montrose, CO 81401. Application for Surface Water Rights and Water Storage Rights: Surface Water Rights: Bishop Pump and Pipeline – SE1/4NW1/4 of Section 19, T49N, R8W, NMPM, 2,438 feet from the south line and 1,671 feet from the east section line. Source: Cedar Creek and the Uncompahgre River. Appropriation Date: 01/31/2003. Amount Claimed: .12 c.f.s. absolute for stockwater and wildlife. Storage Water Rights: Bishop Pond A – SE1/4NW1/4 of Section 19, T49N, R8W, NMPM 2,431 feet from the south line and 1,783 feet from the east section line. Source: Cedar Creek and the Uncompahgre River. Appropriation Date: 01/31/2003. Amount Claimed: .6 acre-feet absolute for stockwater and wildlife. Bishop Pond B – SE1/4NW1/4 of Section 19, T49N, R8W, NMPM 2,152 feet from the south line and 2,383 feet from the east section line. Source: Cedar Creek and the Uncompahgre River. Appropriation Date: 01/31/2003. Amount Claimed: .6 acre-feet absolute for stockwater and wildlife uses. MONTROSE COUNTY. CASE NO. 2011CW47. Application for Water Rights (Surface). Applicant: Waunita Hot Springs Ranch, Inc (Send all pleadings and correspondence to: Rufus O. Wilderson, Bratton Hill Wilderson & Lock, LLC, 525 North Main Street, Gunnison, CO 81230). NAME OF STRUCTURES: Waunita Hot Springs House Pipeline No. 1. Waunita Hot Springs House Pipeline No. 2. LEGAL DESCRIPTION: In the SE1/4 of the SE1/4 of Section 10, Township 49 North, Range 4 East of the N.M.P.M. at a point that is 95 feet north of the south boundary and 60 feet west of the east boundary of said section. SOURCE: The Waunita Hot Springs, tributary to Hot Springs Creek, tributary to Tomichi Creek, tributary to the Gunnison River. APPROPRIATION: The Waunita Hot Springs House Pipeline No. 1 was appropriated and put to beneficial use on June, 1993 and the Waunita Hot Springs House Pipeline No. 2 was appropriated and put to beneficial use on June 2001, by installing a separate pump for each right in the Waunita Hot Springs spring collection system and pumping waters therefrom for the beneficial use described below. AMOUNT CLAIMED: 20 g.p.m each, absolute. USE. Waunita Hot Springs House Pipeline No. 1 is used for radiant heat for a house located in the NE1/4 of the NE1/4 of Section 15, Township 49 North, Range 4 East of the N.M.P.M. at a point that is 160 feet south of the north boundary and 250 feet west of the east boundary of said section 15. Waunita Hot Springs House Pipeline No. 2 is used to provide radiant heat to a house located in the SE1/4 of the SE1/4 of Section 10, Township 49 North, Range 4 East of the N.M.P.M. at a point that is 280 feet north of the south boundary and 360 feet west of the east boundary of said section 10. All use is non-consumptive. Name(s) and address(es) of owner(s) of land on which structure(s) is (are) located: Applicant - Same addresses as set forth above. GUNNISON COUNTY. CASE NO. 2011CW48. SAN MIGUEL COUNTY-BIG BEAR CREEK, TRIBUTARY TO THE SAN MIGUEL RIVER. LIZARD HEAD WILDERNESS, LLC, a Colorado limited liability company, 350 Park Avenue, 11th Floor, New York, NY 10022, telephone 212.292.6301; c/o Tom Kinney, Esq., Western Slope Water Rights, LLC, 201 Main Street, Suite 302, Carbondale, Colorado 81623, (970) 963-3900 ext. 4. Application for Water Rights and Changes of Water Right. Applicant has requested entry of a decree for the following-described water rights. (1) PV 1 Pond, 10.25 acre-feet, absolute, being an on-channel, non-jurisdictional reservoir having a dam height of less than 10 feet, a surface area of 2.35 acres and having an outlet located within the SE¼NE¼, Section 18, T. 42 N., R. 10 W., N.M.P.M., approximately 750 feet distant from the east section line and 3,440 feet distant from the south section line of said Section 18. Because said Section 18 is an irregular section of land, the location of the PV Pond outlet is also described as being located at the following GPS coordinates: 4,199,378m N; 763,266m E, Zone 12 South (NAD 83). Sources for filling the PV Pond are: runoff and precipitation from unnamed drainage tributary to Big Bear Creek and changes of a portion of Applicant’s Pleasant Valley Ditch, Priority No. 166 water right at a combined rate of 0.25 cfs, absolute. PV Pond is maintained full in-priority with 0.09 cfs, absolute, pursuant to change of 0.09 cfs, absolute, of Applicant’s 4.0 cfs, absolute PV Ditch, Priority No. 166, water right described herein below, through a piped lateral from the Pleasant Valley Ditch. Uses: Stock watering, recreation, wildlife watering and piscatorial. Appropriation date for runoff and precipitation from unnamed drainage is July 1, 2010 when PV Pond was completed. Appropriation date for filling source from changes of 0.09 cfs, absolute, of Applicant’s 4.0 cfs, absolute PV Ditch, Priority No. 166, water right is July 2, 1889. Land ownership at location of PV Pond is the Applicant. (2) Changes of 0.09 cfs, absolute, of Applicant’s 4.0 cfs, absolute, Pleasant Valley Ditch, Priority No. 166, water right, which, 0.09 cfs is the water right flow rate associated with 14.72 acre-feet of historical irrigation consumptive use resulting from the cessation of irrigation of 12.8 acres on Applicant’s property located within a larger 20 acre tract of land described as being located within portions of the SW¼NW¼NW¼, SE¼NW¼NW¼, SW¼NE¼NW¼, NW¼SW¼NW¼, NE¼SW¼NW¼ and the NW¼SE¼NW¼, Section 8, T. 42 N., R. 10 W., N.M.P.M.as shown on Exhibits A and A1 attached to the Application. Said 14.72 acre-feet of historical irrigation consumptive use at an associated flow rate of 0.09 cfs, absolute, Pleasant Valley Ditch, Priority No. 166, is requested by the Applicant to be changed for diversion from the Pleasant Valley Ditch into the PV Pond in priority for the PV Pond beneficial uses described above. The point of diversion for the Pleasant Valley Ditch is within the within the SE¼NE¼SE¼ of Section 18, T. 42 N., R.10 W., N.M.P.M., on land owned by the Schmid Family Ranch, LLC, c/o Marvin Schmid, P.O. Box 431, Placerville, CO 81430 according to the real property records of San Miguel County. (9 pages with 3 exhibits). SAN MIGUEL COUNTY. CASE NO. 2011CW49. To be published in June Resume. CASE NO. 2011CW50 (REF NO. 97CW230 and 04CW148). Applicant: Floresta Partners, LLC, 1191 Second Avenue, Suite 1570, Seattle, WA 98101. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Send all pleadings to: John R. Hill, Jr., Bratton Hill Wilderson & Lock, LLC. 525 North Main St., Gunnison, CO 81230. Name of structure (s): Lily Lake and Floresta Reservoir No. 1. Description of conditional water rights: Both structures were decreed conditional rights for domestic, augmentation, fire protection, piscatorial and wildlife in Case No. 97CW230 on December 2, 1998 with priority date of August 14, 1997. The conditional rights were all made absolute for all purposes but augmentation in Case No. 04CW148. The conditional rights in Lily Lake and Floresta Reservoir No. 1were continued in force in that case. The amount decreed to Lily Lake is 32.5 acre-feet and the amount decreed to Floresta Reservoir No. 1 is 5.0 acre-feet. The source of supply of both reservoirs is unnamed tributaries of Ruby Anthracite Creek. Locations: The intersection of the center line of the dam of Lily Lake and the unnamed stream on which it is situated is at a point whence the SE corner of Section 9, Township 14 South, Range 87 West of the 6th P.M., bears south 77º27’03” East a distance of 3,150 feet. The intersection of the center line of the dam of Floresta Reservoir No. 1 and the unnamed stream on which it is situated is at a point whence the NW corner of Section 15, Township 14 South, Range 87 West of the 6th P.M. bears North 82º09’56” West a distance of 2,480 feet. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Forest Management. Applicant performed Forest Management activities to improve forest health and reduce fire danger during the period 2007-2010 at a total cost of $312,200.00.
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