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Division 5 Water Court- December 2013 Resume

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Division 5 Water Court- December 2013 Resume DIVISION 5 WATER COURT- DECEMBER 2013 RESUME SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II). This notice is an invitation to be included on the SWSP notification list. To be included on the SWSP notification list, submit your name, address, e-mail address, daytime phone number, and water divisions of interest. If you prefer to be notified by electronic mail, specify that preference. Submit the information to: Substitute Water Supply Plan Notification List (c/o Katie Radke, Program Manager), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: [email protected]. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us. Produced Nontributary Ground Water Notification List Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division. To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Katie Radke, Program Manager), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: [email protected]. Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: www.water.state.co.us. 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 DECEMBER 2013. The water right claimed by this application 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 within the time provided by statute, or be forever barred. 13CW65 EAGLE COUNTY-TRIBUTARY TO THE COLORADO RIVER. George H. Wear; 601 W. 10th St.; Glenwood Springs, CO 81601 (970)274-2466. Application for Conditional Surface Water Rights. Dotsero Spring, Pump & Pipeline No. 9- UTM: N4,388,722.10 E319,655.54 Zone: 13 Amount: 1.801 cfs.; Dotsero Spring, Pump & Pipeline No. 10- UTM: N4,388,377.22 E319,633.73 Zone 13 Amount: 1.095 cfs; Dotsero Spring, Pump & Pipeline No. 11- UTM: N4,388,246.95 E319,458.06 Zone 13 Amount: 1.413 cfs; and Dotsero Spring, Pump & Pipeline No. 90- UTM: N4,388,864.30 E319,558.40 Zone 13 Amount: 1.589 cfs. All located in Sec 12, T5S, R87W 6th PM. Source: Colorado River. Uses: geothermal energy from geothermal fluid, recovery of geothermal fluid by-products, commercial, industrial, recreational, bathing, medicinal, domestic, wildlife, storage, fishery and evaporative. Appropriation date for all water rights: 12/25/13. Name and address of owner of land on which structures are located: U.S. BLM; 2815 H Rd.; Grand Junction, CO 81506. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 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. DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 2 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 DECEMBER 2013. The water right claimed by this application 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 within the time provided by statute, or be forever barred. 13CW3087 GRAND COUNTY-1. Applicant: Jim and Karen Warner, P.O. Box 183, Pryor, Oklahoma 74362, c/o Stanley W. Cazier, Cazier, McGowan & Walker, Box 500, Granby, CO 80446, (970) 887-3376. 2. Name of Structure: Tibbetts Well No. 1. 3. APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR AUGMENTATION PLAN INCLUDING EXCHANGE AND DILIGENCE FOR UNDERGROUND WATER RIGHT. 4. Source: Ground water hydraulically connected to Colorado River. 5. Location: Tibbetts Well No. 1: SE1/4, Sec. 23, T3N, R76W of 6th PM, as follows: Beginning at the E1/4 corner of Sec. 23, T3N, R76W of 6th PM, Grand County, Colorado; thence N 8927'00" W a distance of 1130' to the true point of beginning; thence S 400'. 6. Use: One single family home with in-house use. 7. Type: Well. 8. Amount: 15 gpm. 0.5 acre foot for exchange. 9 Decreed 9/9/1994, 94CW077, Appropriation Date 4/14/1994. Applicants plan for Augmentation and Exchange involves a contract it has with Middle Park Water Conservancy District for water placed in storage in Granby Reservoir with additional terms and conditions decreed in 94CW077. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 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 DECEMBER 2013. The water right claimed by this application 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 within the time provided by statute, or be forever barred. 13CW3088 IN EAGLE AND SUMMIT COUNTIES, COLORADO. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF VAIL ASSOCIATES, INC. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address, and telephone number of Applicant: Vail Associates, Inc. c/o General Counsel, 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80021 Direct all pleadings to: Glenn E. Porzak (#2793) Porzak Browning & Bushong LLP, 929 Pearl Street, #300, Boulder CO 80302 (303) 443-6800. 2. Name of Structure: Beaver Creek Municipal Pipeline. Type: Direct Flow. 3. Description of water right to be augmented: (a) Name: Beaver Creek Municipal Pipeline. (b) Decree: June 29, 1973, in Case No. W- 436, District Court, Water Division No. 5 (the “Water Court”), as made absolute for industrial (snowmaking) use in Case No. 12CW95. (c) Location: The point of diversion is located on the left bank of Beaver Creek in the NE 1/4 NW 1/4 of Section 25, T. 5 S., R. 82W. of the 6th P.M. at a point whence the East Quarter Corner of Section 24, T. 5 S., R. 82W. of the 6th P.M. bears N. 40°00’ E. a distance of 5,200 feet. This point is 1370 feet from the north section line and 2035 feet from the west section line of said Section 25, as shown on Exhibit A hereto.
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