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Division 5 Water Court- February 2020 Resume 1. Pursuant to C.R.S., §37-92-302, As Amended, You Are Notified That the Following

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Division 5 Water Court- February 2020 Resume 1. Pursuant to C.R.S., §37-92-302, As Amended, You Are Notified That the Following DIVISION 5 WATER COURT- FEBRUARY 2020 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 FEBRUARY 2020. 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. 20CW3 (12CW98, 96CW358-B, 13CW3103, 19CW7) EAGLE COUNTY – GROUNDWATER TRIBUTARY TO TRAVIS CREEK TRIBUTARY TO THE EAGLE RIVER TRIBUTARY TO THE COLORADO RIVER. Robert & Marsha Long; 1501 Classen Dr., Oklahoma City, OK 73106. (405)659-9046. Irons Well No. 1 – Application for Change of Water Right and Amendment to Plan for Augmentation. Decreed Legal Description: NE¼SW¼ of Sec. 27, T.4S, R.83W. of the 6th P.M. 3,050 ft. from the north sec. line and 2,770 ft. from the east sec. line. Appropriation: September 27, 1996. Amount: 15.0 g.p.m., conditional. (not to exceed 0.75 a.f. per year) Uses: domestic, irrigation and fire protection. Proposed Change in Location: UTM: E356155 N4392761 Z13. NE¼SW¼ of Sec. 27, T.4S, R.83W. of the 6th P.M. 1,850 ft. from the south sec. line and 2,580 ft. from the east sec. line. Applicants request this change in location because their building envelope has moved up the mountain closer to Bellyache Ridge Road as the wildlife corridor has changed during the 15 years they have owned the property. Proposed Amendment to Plan for Augmentation: Applicants request an amendment to the plan for augmentation decreed in Case No. 96CW358-B to include the changed location for the Irons Well No. 1. This proposed change in location and amendment to the decreed augmentation plan will not change the lagged depletions for the Irons Well No. 1, as previously decreed in Case No. 96CW358-B. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 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: $192.00) KATHY POWERS, 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 FEBRUARY 2020. 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. 20CW3017 GARFIELD COUNTY. W. MAMM CREEK, NANCY AND BARBARA SPRING, TRIB. TO MAMM CREEK, TRIB. TO COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicants: Barbara A. Pitman and Nancy S. Pitman, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546.Summary of Application: Applicant requests a finding of reasonable diligence in the development of the cond. water right for the Jonathan Gant Reservoir, First Enlargement (“Subject Water Right”). Prior Decree Info.: The Subject Water Right was orig. decreed in Case No. W-1622 entered 3/12/1976, with subsequent diligence decrees in Cases No. 80CW440, 84CW44, 88CW49, 94CW40, 00CW144, 06CW247 and 13CW3044 Dist. Court, Water Div. No. 5. Structure: Jonathan Gant Reservoir, First Enlargement. Legal Desc.: NE1/4 NW1/4, Sec. 23, T. 7 S., R. 93 W., 6th P.M. at a pt. whence the N. Quarter Corner of said Sec. 23 bears N. 44 deg., 35’ E., 1,714 ft. Source: W. Mamm Creek and Nancy and Barbara Spring, trib. to Mamm Creek, trib. to the Colorado River. Approp. Date: 8/28/1972. Amt: 10 AF, cond. Use: Irr. Integrated System: Pursuant to the decree entered in Cases No. 06CW247 and 13CW3044, the Jonathan Gant Reservoir, First Enlargement water right described herein is an individual component of Applicant’s integrated water system associated with the property. Consequently, work on one feature of the supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant’s water supply system. See C.R.S. § 37-92-301(4)(b). Name and address of owner of the land upon which the structure is located, or upon which water is or will be placed to beneficial use: Applicants. Examples of work and expenditures done to establish diligence are on file with this court. 6 pgs. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 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: $192.00) KATHY POWERS, 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 FEBRUARY 2020. 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. 20CW3018 EAGLE COUNTY, LAKE CREEK, TRIBUTARY TO THE EAGLE RIVER, TRIBUTARY TO THE COLORADO RIVER, WLC 1003 LLC, 1800 Broadway, Suite 100, Boulder, CO 80302, c/o Michael J. Sawyer, KARP NEU HANLON, P.C., 201 14th Street, Suite 200, P. O. Drawer 2030, Glenwood Springs, CO 81602, (970) 945-2261. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Application for Finding of Reasonable Diligence: Miller Well. Original decree: February 26, 1999, in Case No. 96CW387, in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos. 05CW34 and 12CW136. Legal description: In Case No. 10CW119, the location of the Miller Well was changed to: SW1/4 NE1/4 of Section 7, FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 2 Township 5 South, Range 82 West of the 6th P.M. at a point 2,845 feet from the South line and 1,595 feet from the East line of said Section 7. Source: Groundwater tributary to Lake Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: August 5, 1996. Amount: 0.033 c.f.s., conditional. Uses: Domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Depth: 265 feet., Well Permit: No. 264157. Claim for diligence: Applicant requests a finding of diligence for 0.033 c.f.s., conditional, for the Miller Well for domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Landowner: Applicant. Second Claim Application for Finding of Reasonable Diligence: Chipman Well. Original decree: February 26, 1999, in Case No. 96CW387, in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos. 05CW34 and 12CW136. Legal description: The Chipman Well is located at a point in the SW1/4 of the NE1/4 of Section 7, Township 5 South, Range 82 West of the 6th P.M., Eagle County, Colorado, being 2,270 feet from the North section line and 1,430 feet from the East section line of said Section 7. Source: Groundwater tributary to West Lake Creek, tributary to Lake Creek and the Eagle and Colorado Rivers. Appropriation date: December 17, 1991. Amount: 0.024 c.f.s., of which 0.0084 c.f.s., conditional (for all uses) and 0.0156 c.f.s., absolute (for all uses). See Case No. 05CW34. Uses: Domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Depth: 118 feet. Well Permit: No. 054338-F. Claim for diligence: Applicant requests a finding of diligence for 0.0084 c.f.s., conditional, for the Chipman Well for domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Landowner: Miller Chipman Trust, P.O. Box 5500, Avon, CO 81620-5500. Diligence activities: The Application contains a detailed outline of what has been done by Applicant during the diligence period toward or for completion of the appropriation and application of the conditional water rights to beneficial use as decreed, including expenditures. (7 pp. with exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 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.
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