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Division 5 Water Court-August 2011 Resume

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Division 5 Water Court-August 2011 Resume DIVISION 5 WATER COURT-AUGUST 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 AUGUST 2011. 11CW115 MESA COUNTY, SALT CREEK, PLATEAU CREEK, COLORADO RIVER. Applicant - Frederick L. Lekse, Jr., 6104 Bascom Dr, Summerfield, NC 27358, [email protected]. (336) 399-2431. Applicant’s Attorney: Mark A. Hermundstad, WILLIAMS, TURNER & HOLMES, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262, mherm@wth- law.com. Application for Surface Water Right. Structure: Lekse Spring; Legal Description: The spring is located in the SE1/4 NW1/4, Sec. 10, T. 10 S., R. 94 W., 6th P.M., at a point approx. 2,300 ft E. of the W. section line and 2,600 ft S of the N section line of Sec. 10. See map attached as Exhibit A to the Application; Source: A spring tributary to Salt Creek, tributary to Plateau Creek, tributary to the Colorado River; Appropriation Date: June 1, 2011; Amount: 0.033 c.f.s., conditional; Uses: Wildlife watering, stockwatering, and irrigation of up to five acres of natural vegetation to enhance forage for wildlife uses. The land to be irrigated will be land owned by Applicant in the vicinity of the Lekse Spring. The legal description of Applicant’s property is set forth on the deed attached to the Application as Exhibit B; Names and addresses of landowner: Applicant. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 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 AUGUST 2011. 11CW116 Concerning the Application for Water Rights of Applicant Rocky Gabossi in Garfield County, Request for a Finding of Reasonable Diligence as to Surface Water Rights, an Award of Absolute Surface Water Rights and An Award of Conditional and Absolute Underground Water Rights. Name, mailing address, email address, and home telephone number of Applicants: Rocky Gabossi and Mary Anne Gabossi, 44253 Highway 6, Glenwood Springs, CO 81601, n/a, 970-384-2630, Conrad Wagner and Marsha Wagner, 5403 County Road 154, Suite 1, Glenwood Springs, CO 81601, n/a, 970-947-0020, Old Orchard Subdivision Homeowners Association, 44253 Highway 6, Glenwood Springs, CO 81301, n/a, 970-384-2630. Request for a Finding of Reasonable Diligence – Surface Water Rights. 1. Name of structure: Bowles Diversion Type: diversion. Name of structure: Bowles Pond, First Enlargement Type: pond. 2. Describe conditional water right (as to each structure) including the following information from the Referee’s Ruling and Judgment and Decree- Bowles Pond, First Enlargement: A. Date of Original Decree: 12/2/1998 Case No. 1997CW162 Court: District Court, Water Div. 5, Colorado. B. Subsequent decrees awarding findings of diligence (Case No. and date of decree): 2004CW225, 8/2005. C. Legal Description: The center point of the pond is a point in the SWNW, Section 35, Township 5S, Range 90W of the 6th P.M 1000 feet from the north section line and 1000 feet from the west section line. D. Source of water: Bowles Diversion, which collects the springs, run-off and seepage water in Bowles Gulch, tributary to the Colorado River. E. Adjudication Date: 12/2/1998. Amount: 2.5 AF, conditional with the right to fill and refill in priority. Appropriation Date: July 8, 1997; How appropriation was initiated: by consultation with professional engineer and an intent to appropriate. F. Use: Fish culture, livestock and wildlife watering, fire protection and augmentation pursuant to the Bowles Well Nos. 1-6 Plan of Augmentation decreed in 1997CW162.G. Surface area of high water line: 0.04 acres. Maximum height of dam: 11 feet. Length of dam: 105 feet. Total capacity: 2.5 AF. Active Storage: 2.5 AF. Dead storage: 0. 3. Describe conditional water right (as to each structure) including the following information from the Referee’s Ruling and Judgment and Decree - Bowles Diversion: A. Date of Original Decree: 12/2/1998. Case No. 1997CW162 Court: District Court, Water Div. 5, Colorado. B Subsequent decrees awarding findings of diligence (Case No. and date of decree): 2004CW225, 8/2005. C..Legal Description: located at a point on Bowles Gulch from whence the West Quarter Corner of Section 13, Township 5 South, Range 90 West of the 6th P.M bears south 48˚ 29’ West 1358.287 feet; otherwise described as a point in the SWNW, Section 35, Township 5S, Range 90W of the 6th P.M. Northing 4383448, Easting 288170.4, NAD (83). D. Source of water: Drainage, run-off and seepage water in Bowles Gulch, tributary to the Colorado River. E. Adjudication Date: 12/2/1998. Amount: 0.5 cfs, conditional. Appropriation Date: July 8, 1997. How appropriation was initiated: by consultation with professional engineer and an intent to appropriate. F. Use: Domestic, livestock and wildlife watering, fire protection and storage in Bowles Pond. 4. See the application for a 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. Request for an Award of Absolute Water Rights-Surface Water Rights. 1. Claim to make absolute – Bowles Diversion. A. Date water applied to beneficial use: 4/2001. Amount: 2.5 AF with the right to fill and refill in priority. Use: Domestic, livestock and wildlife watering, fire protection and storage in Bowles Pond. B. Description of place of use where water is applied to beneficial use. The Bowles Diversion water is applied to beneficial use at the Bowles Pond and at the Bowles Diversion which is located on property identified as Garfield County Assessor’s Parcel No. 2123-352-01-001. 2. Claim to make absolute – Bowles Pond, First Enlargement. A. Date water applied to beneficial use: 4/2001. Amount: 0.5 cfs. Use: Fish culture, livestock and wildlife watering, fire protection and augmentation of Bowles Well No. 3 and Bowles Well No. 2 pursuant to the Bowles Well Nos. 1-6 Plan of Augmentation decreed in 1997CW162. Bowles Well No. 3 is permitted under Colorado Division of Water Resources Permit No. 56102-F and serves one residence. Bowles Well No. 2 is permitted AUGUST 2011 RESUME WATER DIVISION 5 PAGE 2 under Colorado Division of Water Resources Permit No. 68856-F. B. Description of place of use where water is applied to beneficial use. The Bowles Pond, First Enlargement water is applied to beneficial use at the Bowles Pond which is located on property identified as Garfield County Assessor’s Parcel No. 2123-352-01-001. 5. Names and addresses of owner of the land upon which the structures are located: Applicants Rocky and Mary Anne Gabossi. Request for an Award of Conditional and Absolute Water Rights – Underground Water Rights. 1. In Case No. 1997CW162, the Estate of Dorothy L. Bowles (Applicants’ predecessor) was awarded a conditional Plan of Augmentation that allowed for the operation of 6 wells supplying 30 residences within the 60 acres of property owned by the Bowles Estate. There were no water rights awarded to Bowles Wells No. 1-6 in either 1997CW162 or its diligence case 2004CW225. Bowles Well No. 2 and Bowles Well No. 3 have been drilled and have been issued well permits by the Division of Water Resources. The well permits require that the wells be augmented in accordance with the Plan of Augmentation awarded in 1997CW162. Applicants request an award of absolute water rights for Bowles Wells No. 2 for 1 residence and Bowles Well No. 3 for 1 residence and a conditional right for Bowles Wells No. 1, 4, 5, 6 for up to 22 and Bowles Well No. 2 for 6 residences. 2. Claim to Make Absolute – Name of Structures: Bowles Well Nos. 2 and 3 for 1 residence each. A. Source: alluvium of sand, gravel and other materials hydraulically connected to the Colorado River. B. Date of Appropriation: July 8, 1997. How appropriation was initiated: filing of water application seeking plan of augmentation for wells. C. Legal Description and Permit No.: Bowles Well No. 2 – NWNW of Section 35, Township 5 South, Range 90 West of the 6th P.M. a distance 1250 feet from the north section line and 960 feet from the west section line. Permit No. 68856-F (originally 56101-F).Bowles Well No. 3 - SENW of Section 35, Township 5 South, Range 90 West of the 6th P.M. a distance of 1500 feet from the north section line and 2200 feet from the west section line. Permit No. 56102-F. Copies of the well permits, pump installation reports, well construction and test reports and statements of beneficial use are attached to the application D. Amount Claimed as absolute: Bowles Well No. 2 – 15 gpm and 0.39 AF per year.
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