District Court, Water Division 6, Colorado
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DISTRICT COURT, WATER DIV. 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 6 Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water DIV. 6, during the month of August, 2008. 1. 08CW3 (00CW60, 81CW200) JACKSON COUNTY Amended Application for Finding of Diligence and to Make Absolute. Walden Reservoir Co., c/o Stanley W. Cazier or John D. Walker, P.O. Box 500, Granby, CO 80446 970-887-3376. Name of structure: Walden Reservoir (Old S.C. Ditch Enlargement and Extension). Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: Date of Original Decree: October 14, 1982. Case No: 81CW200 Court: Water Division No. 6. Location and legal description for the structures are: Walden Reservoir: The outlet is located 50 feet West of the East Section line and 2150 feet North of the South Section line of Section 19, T9N, R79W of the 6th P.M. Old S.C. Ditch: Headgate is located at a point on the West Bank of the Michigan River whence the 1/4 Corner between Sections 17 & 18, T8N, R78W of the 6th P.M., bears North 72 degrees, 05 minutes West a distance of 3483 feet. Point of diversion from Old S.C. Ditch to Illinois River Basin: Point of diversion bears South 88 degrees, 43 minutes West, 4283 feet from the East 1/4 Corner of Section 34, T9N, R79W, of the 6th P.M. Source of Water: Michigan River via the Old S.C. Ditch Enlargement and Extension to the Illinois River, all tributary to the North Platte River. Appropriation/Priority Date: April 1, 1981. Amount of Water: 20 cfs conditional, 20 cfs has previously been made absolute. Use of Water: Irrigation, storage and supplemental supply water for storage and/or subsequent release for irrigation in and from Walden Reservoir under and pursuant to all irrigation/storage decrees and refill decrees adjudicated and owned by Walden Reservoir Company. Provide 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, including expenditures: Since the time of the last due diligence finding, the applicant has incurred expenses and labor costs for necessary equipment to clean and enlarge the Old S.C. Ditch. Due to the length of the ditch, which spans approximately four (4) miles, such work has been done as financial resources were available, but additional work remains to be done in order to expand the carrying capacity of the ditch for its entire length. At the present time, restrictions, such as willows and ditch width and depth, exist which limit the overall carrying capacity, however, an additional 2.7 cfs has been diverted and should be decreed absolute. If claim to make absolute: Water applied to beneficial use: Date: October 3, 2007 Amount: 2.7 Use: Irrigation. Description of place of use where water is applied to beneficial use: Walden Reservoir and released for irrigation to shareholders. Names(s) and address(es) of owner(s) of the land on which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The ditch headgate location is owned by Owl Creek Ranch, Donald Culver,41881 Hwy 14, Walden, CO. The reservoir is owned by Walden Reservoir Company, c/o Carl Trick, PO Box 15, Cowdrey, CO, 80434. The water is used on property owned by Walden Reservoir shareholders who are: North Park Angus Ranch, Inc., PO Box 15, Cowdrey, CO 80434; Carl & Marion Trick, PO Box 15, Cowdrey, CO 80434; Robert K. Willford, 41344 Hwy 125, Cowdrey, CO 80434; Silver Spur Ranches, c/o Newell Geer, PO Box 1060, Walden, CO 80480; Hackleman, Loban LLC, c/o Tom Hackleman, PO Box 35, Cowdrey, CO 80434; Walden Ventures, LLC, c/o Wayne Morgan, 5775 29th St. #804, Greeley, CO 80634; Town of Walden, PO Box 489, Walden, CO 80480; Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216. 2. 08CW41 (01CW56, 95CW2) ROUTT COUNTY Amended Application for Finding of Diligence. John W. Soileau, 3229 Highway 17 North, Greencove Springs, FL 30243 904-284- 4021. Name of structure: Dennis & Blewitt Ditch 3rd Enlargement. Type: Ditch. Describe conditional water right: Date of Original Decree: July 12, 1995. Case No. 95CW02. Court: Water Division No. 6. Legal description: Routt County, NE4, NW4, Sec 16, T6N, R86W, 6th PM., a point 200 ft from N and 1700 ft from W Sec Line. Source: Yampa River. Appropriation date: January 9, 1995. Amount: 2.0 cfs, conditional. Use: Irrigation of 60 acres in the NW4, Sec 16 and the NE4, Sec 17. Provide a detailed description of what has been done: The ditch has been cleaned out and enlarged to allow the free flow of the water, the installation of a metal headgate with mechanical slide gate ($1,400), the installation of two 48” culverts ($2,200) to allow for diverging water into parallel ditches to improve methods of irrigating. The purchase of several truck loads of large boulders ($4,000) to be installed upstream to improve the diversion into the headgate of the primary ditch. Landowner: Applicant. 3. 08CW49 (80CW255, 85CW44, 89CW39, 95CW34, 01CW92) ROUTT COUNTY Application for Finding of Reasonable Diligence. The City of Steamboat Springs (“Steamboat Springs”), Attn: Public Works Director, P.O. Box 775088, Steamboat Springs, CO 80477-5088, Telephone: 970 879-2060. Please send all pleadings to: Douglas M. Sinor, Esq., Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO 80203. Name of structure: Fish Creek Reservoir. This application involves the conditional water storage right decreed for 2,000 acre-feet in Case No. 80CW255, District Court, Water Division 6, April 30, 1981. The subject water right shall be referred to hereafter as the “Fish Creek Reservoir 2,000 Acre-Foot Enlargement.” For clarification, a water storage right in the amount of 1,175.4 acre- feet was previously decreed to fill Fish Creek Reservoir in Civil Action No. 2475, Routt County District Court, June 19, 1958. A water storage right in the amount of 666.6 acre-feet was previously decreed for the Fish Creek Reservoir Enlargement in Civil Action No. 3538, Routt County District Court, March 30, 1964. Also, a water storage right in the amount of 200 acre- feet was decreed to the Fish Creek Reservoir, Second Enlargement in Case No. 99CW22, District Court, Water Division 6, April 9, 2001. Description of conditional right from original decree: Date of original decree: April 30, 1981. Case No.: 80CW255. Court: District Court, Water Division No. 6. Legal description: The location of Fish Creek Reservoir 2,000 Acre-Foot Enlargement is: Initial point of the survey (at North end of main dam) is located at a point whence the SE corner of Section 32, T7N, R84W of the 6th P.M., bears North 77 Degrees 53 Minutes West 33,368 feet. Source of Water: The application in Case No. 80CW255 claimed the Middle Fork of Fish Creek, tributary to the Yampa River as the source. Fish Creek Reservoir dam is located on the Middle Fork of Fish Creek channel. The Reservoir inundates the confluence of Granite Creek and the Middle Fork of Fish Creek. The decree entered on July 8, 2002, in Case No. 01CW92, confirmed that Steamboat Springs may store inflows from the Middle Fork of Fish Creek and Granite Creek in Fish Creek Reservoir pursuant to the subject conditional water right. Appropriation Date: December 16, 1980. Amount: 2,000 acre-feet, conditional. Use: The decree in Case No. 80CW255 did not specify the uses associated with the subject conditional water storage right. The decree entered on July 8, 2002, in Case No. PAGE 2 01CW92 confirmed that water stored pursuant to the subject conditional right may be used for all municipal purposes including but not limited to domestic, irrigation, watering of lawns, parks and grounds, industrial, manufacturing, commercial, power generation, fire protection, evaporation, recreation, and fish and wildlife propagation. Diligence decrees: Following entry of the original decree, findings of reasonable diligence with respect to the Fish Creek Reservoir 2,000 Acre-Foot Enlargement were made in the District Court, Water Division 6, in Case Nos. 85CW44, 89CW39, 95CW34, and 01CW92. Detailed outline of what has been done toward completion of the appropriation: The Fish Creek Reservoir 2,000 Acre-Foot Enlargement is one feature of Steamboat Springs’ municipal water system, which is an integrated system consisting of water rights on the Yampa River and its tributaries, a water treatment and delivery system, and wastewater treatment plant. Work and expenditures on any feature of the municipal water system benefit the whole system and its individual parts such that any such work or expenditures should be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the Steamboat Springs municipal water system. Fish Creek Reservoir is owned by Steamboat Springs and operated by Mount Werner Water and Sanitation District (“Mount Werner”). Regular Maintenance and Operation of Fish Creek Reservoir : Steamboat Springs and Mount Werner have regularly maintained and operated Fish Creek Reservoir every year during the diligence period. Steamboat Springs spent approximately $10,000 on operation and maintenance of the Fish Creek Reservoir and dams from 2002 through 2007. In 2007, Steamboat Springs staff spent approximately 30 hours inspecting the Fish Creek Reservoir dams, identifying and providing collection and measuring areas to quantify all damp or wet areas located below both dams on the reservoir.