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1 District Court, Water Division 1, Colorado March DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2019 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of MARCH 2019 for each County affected. 19CW12 RICHARD LOVELACE, 12868 Cottonwood Rd., Littleton, CO 80127. 303-697-8778. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN WHOLE OR IN PART IN JEFFERSON COUNTY. Date of original decree: 02-21-13, case 12CW204, WD1. Legal description of property: Lovelace owns approximately 128 acres of land that is located in the S1/2 NW1/4 and a portion of the N1/2 SW1/4 of S31, T6S, R69W, 6th PM. where all the wells are located. Amount: Lot 3 Well, permit 80773F, 3 gpm Absolute; Lots 1, 2, 4, 5, 6, 7 (permit 70774F) 8, 9, 15 gpm Conditional each. Appropriation date: 6-6-2017. Date water applied to beneficial for Lot 3: 7- 15-2017. Depth of well Lot 3; 1352 ft. Use: Domestic. 19CW13 McCLARY FARMS, 6821 CR 30, Sedgwick, CO 80749. 970-580-8977. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN SEDGWICK COUNTY. Irrigation Well. Corrected Legal description: 1235’ North and 2508’ West of the SW1/4 SE1/4 of S5, T11N, R46W, 6th PM. UTM coordinates: Northing 4536902; Easting 709764; Zone 13. Appropriation date:06-19-62; Date of original decree: 06-19-62; case W-2625, Weld County Combined Court. **Missed being published in November, 2018** 18CW3199, Jeffery and Amber Michael, 23522 Glenmoor Drive, Parker, CO 80138 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 12 acres generally located in the W1/2 of Section 31, T7S, R64W of the 6th P.M., Elbert County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 3.7 acre- feet, Lower Dawson: 1.9 acre-feet, Denver: 4.6 acre-feet, Arapahoe: 4.9 acre-feet, Laramie-Fox Hills: 3.5 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: All available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for use in one residence, irrigation of lawn, garden, and trees, fire protection, and stockwatering use. Applicants reserve the right to amend these uses without amending the application or republishing the same. Sewage treatment for in-house use will be provided by a non-evaporative septic system and return flow from in-house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River via Running Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 1 19CW3040 (96CW1137, 06CW20 and 12CW206), Tarryall River Club, Ltd., 27500 CR 77, Lake George, CO 80827 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR FINDING OF REASONABLE DILIGENCE, PARK COUNTY. Decree Information: Decreed on September 20, 1999, in Case No. 96CW1137, District Court, Water Division 1. A finding of reasonable diligence was decreed in Case No. 06CW20 on September 20, 2006. Name of structure: Bayou Salado Lake. Source of water: Tarryall Creek, tributary to South Platte River. Date of appropriation: October 19, 1996. Amount of water claimed: 195 acre-feet refill right (conditional). Uses: Non-consumptive recreation, wildlife habitat, and fish propagation. Location of Dam and Point of Diversion: The right abutment of the dam is located in an apparently undivided township which would appear to be in the NE1/4 of Section 32, T10S, R72W of the 6th P.M., at a point whence the NE corner of Section 31, T10S, R72W of the 6th P.M., bears N 64° 30' W, a distance of 3500 feet, more or less. Water is diverted through the Bayou Salado Inlet Ditch located on the right bank of Tarryall Creek in an apparently undivided township which would appear to be in the SW1/4 of Section 29, T10S, R72W of the 6th P.M., at a point from whence the NE corner of Section 31, T10S, R72W, bears S 86° W, a distance of 1750 feet, more or less. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the continued use and development of the water rights involved, including maintaining and making improvements to the reservoir, including the following: A. In 2014 Applicant replaced the inlet headgate to the lake at a cost of 12,000.00. B. In 2017 Applicant installed an Agri Drain in the dam to allow more efficient outflow of water from the lake at a cost of $35,000.00. C. Applicant has continued to maintain the area around the lake and dam, including mowing and spraying of weeds, and filling of animal holes, at a cost of $1742.00. D. During the diligence period, Applicant has continued to fill and operate the reservoir for its absolute amount of storage. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 19CW3041 Lower Poudre Augmentation Company, New Cache La Poudre Irrigating Company and the Cache La Poudre Reservoir Company, 33040 Railroad Avenue, P.O. Box 104, Lucerne, CO 80646, (970) 352-0222. Please send all future correspondence and pleadings to Daniel K. Brown, Esq., and Whitney Phillips, Esq., Fischer, Brown Bartlett & Gunn, P.C. , 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION TO ADD MEMBER WELLS IN CONSOLIDATED CASES 2004CW25/2006CW295 in LARIMER AND WELD COUNTIES. 2. Augmentation Plan: Applicant operates a plan for augmentation (“LPAC Plan”) decreed in Consolidated Case Nos. 2004CW25/2006CW295, Water Division No. 1, entered in this case on January 21, 2014 (“LPAC Decree”). Paragraph 24.1.1 of the LPAC Decree allows for the addition of Member Wells. 3The Well to be added to the LPAC Decree: The structures that are augmented in the LPAC Plan are listed on Exhibit C to the LPAC Decree. Applicants propose to add this well (“new well”) into the LPAC Decree as a structure to be augmented. 1/4 WDID Owner Twn Range Section / 1/4 Case No. Permit W(ft) X(Ft) T(gpd/ft) Sy 1/4 Lucerne 1- 0306049 Potato 6N 65W 18 SE SE W-2230 1427- 7,403 4,123 177,942 0.2 Growers R The new well will be operated and used, and all out-of-priority depletions replaced in accordance with the terms and conditions of the LPAC Decree. No decreed priorities are sought, nor are any changes of water rights decreed for the wells sought by this application. 4. Names and Addresses 2 of Owners of the Structures: a. Well No. 1-1427-R is owned by Lucerne Potato Growers, c/o Ralph T. Anders, P.O. Box 14, Lucerne, Colorado 80646. 5. Names and Addresses of Land Owners: a. Lucerne Potato Growers, c/o Ralph T. Anders, P.O. Box 14, Lucerne, Colorado 80646. 3 pages. 19CW3042, (Case Nos. 2010CW243 and 87CW309) TOWN OF CASTLE ROCK, Attn: Mark Marlowe, Utilities Director, 175 Kellogg Court, Castle Rock, CO 80109, (720)733- 6002, [email protected]. Serve all pleadings on: Jeffrey J. Kahn and Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776- 9900, [email protected], [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE A CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE in DOUGLAS COUNTY. 2. Name of Water Right: Appropriative Right of Exchange from the Confluence of East and West Plum Creek to East Plum Creek Well Field and the Meadows Well Field 2.1. Previous Decrees for this Conditional Water Right: Case No. 87CW309, District Court, Water Division No. 1, entered on January 18, 1995; Case No. 2010CW243, District Court, Water Division No. 1, entered on March 1, 2013.
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