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District Court, Water Division 5, Colorado Case No EFILED Document CO Garfield County District Court 9th JD DISTRICT COURT, WATER DIVISION 5, Filing Date: May 31 2011 6:30PM MDT COLORADO Filing ID: 37883404 Court Address: Garfield County Courthouse Review Clerk: Kathy Hall 109 8th Street, Suite 104 Glenwood Springs, CO 81601 (970) 947-3861 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: COLORADO RIVER WATER CONSERVATION DISTRICT and WEST DIVIDE WATER Ÿ COURT USE ONLY Ÿ CONSERVANCY DISTRICT, in GARFIELD, GUNNISON, MESA, and PITKIN COUNTIES, COLORADO Case Number: 11CW______ Attorneys for Colorado River Water Conservation District: (C.A. 4613, C.A. 4954 W-44, W- Name: Peter C. Fleming, #20805 789(76), 80CW94, 84CW70, 88CW85, Jason V. Turner, #35665 95CW52, 94CW171, 03CW41) 201 Centennial Street, Suite 200 P. O. Box 1120 Glenwood Springs, CO 81602 Div.: Ctrm.: Phone #: (970) 945-8522 E-mail: [email protected] [email protected] Attorneys for West Divide Water Conservancy District: Name: Olszewski, Massih & Maurer, P.C. Edward B. Olszewski, #24723 P.O. Box 916 Glenwood Springs, CO 81602 Phone #: (970) 928-9100 Fax #: (970) 928-9600 E-mail: [email protected] APPLICATION TO MAKE CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE (WEST DIVIDE PROJECT) District Court, Water Division 5, Colorado Case No. 11CW___; Colorado River Water Conservation District and West Divide Water Conservancy District Page 2 of 21 I. Name, address, telephone number of Applicants: Colorado River Water Conservation District (“River District”) c/o R. Eric Kuhn, Secretary/General Manager P.O. Box 1120 Glenwood Springs, Colorado 81602 (970) 945-8522 Please direct all pleadings and correspondence in this case to: Peter C. Fleming and Jason V. Turner. West Divide Water Conservancy District (“West Divide District”) c/o Janet Maddock, Secretary P.O. Box 1478 Rifle, Colorado 81650 (970) 625-5461 Please direct all pleadings and correspondence in this case to: Edward B. Olszewski. II. Introduction. This Application is filed pursuant to C.R.S. § 37-92-301(4) and § 37-92- 601. The Colorado River Water Conservation District (hereinafter “River District”) is a political subdivision of the State formed by the Colorado Legislature (See C.R.S. § 37- 46-101, et seq.) in 1937 for the purpose of safeguarding for the State of Colorado the beneficial consumptive use in Colorado of that portion of the waters of the Colorado River equitably apportioned to the state by interstate compact. Geographically, the River District encompasses an area of approximately 29,000 square miles, including all of twelve and parts of three western Colorado counties. Included in that area are the headwaters and tributaries of the Colorado River mainstem and its principal tributaries, the Gunnison, the White and the Yampa Rivers. The general powers of the River District, set forth in C.R.S. § 37-46-107, inter alia, direct the River District to make surveys and investigations to ascertain the best method of utilizing stream flows within the River District and to make appropriations “ . for the use and benefit of the ultimate appropriators . .” This statute further directs the River District “. to perform all acts and things necessary or advisable to secure and insure an adequate supply of water, present and future, for irrigation, mining, manufacturing, and domestic purposes within said districts.” The decree that is the subject of this Application was obtained in furtherance of these statutory directives. District Court, Water Division 5, Colorado Case No. 11CW___; Colorado River Water Conservation District and West Divide Water Conservancy District Page 3 of 21 Many of the decrees obtained by the River District are for projects originally authorized either for construction or feasibility investigation by the Bureau of Reclamation of the Department of Interior, United States of America (hereinafter “Bureau”). Within the limitation of funds appropriated by the United States Congress, the Bureau has diligently engaged in the planning work, including environmental investigations necessary for eventual construction of such projects. The West Divide Project within Water Division No. 5 is not only within the geographic area of the River District but also is within the boundaries of the West Divide District, established pursuant to C.R.S. § 37-45-101, et seq. The West Divide District has also expended funds to aid in planning and placing the water rights to beneficial uses. The West Divide District joins in this Application because the water rights ultimately to be applied to beneficial use within the area of the district are held by the River District, and are proposed to be assigned to the West Divide District. The Boards of Directors of the River District and the West Divide District have maintained their intent to develop the conditional water rights. The rights involved in this Application have been before this Court for reasonable diligence determinations in previous cases as indicated in the caption of this Application. The most recent decree confirming reasonable diligence in the development of the conditional water rights that are the subject of this Application was entered in Case No. 03CW41, Water Division No. 5 on May 16, 2005. III. Describe conditional water right (as to each structure depicted on the maps attached hereto as Exhibit A) giving the following from the Referee’s Ruling and Judgment and Decree: A. Name of structure: Avalanche Canal and Siphon. 1. Date of original decree, case number and court: June 20, 1958, Case No. 4613, Garfield County District Court. 2. Legal Description: a. As decreed: Avalanche Canal and Siphon: (1) Witness Cor. At the SW Cor. Sec. 9, T.10S, R.88W bears N.03°09’W a distance of 546 feet; (2) W ¼ Cor. Sec. 28, T.9S, R.88W bears N.67°15’W a distance of 4,538.1 feet. District Court, Water Division 5, Colorado Case No. 11CW___; Colorado River Water Conservation District and West Divide Water Conservancy District Page 4 of 21 b. PLSS: (1) NE 1/4 of the NE 1/4 of Section 17, T. 10 S., R. 88 W., of the 6th P.M. at a point 44 feet east of west section line and 537 feet south of north section line; (2) SE 1/4 of the SE 1/4 of Section 28, T. 9 S., R. 88 W., of the 6th P.M. at a point 1,081 feet north of the south section line and 1,042 feet west of the east section line. 3. Source: Crystal River and/or Avalanche Creek. 4. Appropriation Date: April 22, 1957. 5. Amount: 1,000 cfs in the aggregate. 6. Use: Power, Domestic, Municipal, Irrigation, Industrial, and Stock. Remarks: Consistent with the Notice of Intent to Abandon filed contemporaneously herewith in Case No. 03CW41, Water Division 5 (attached hereto as Exhibit B), the Applicants hereby abandon 750 cfs of the Avalanche Canal and Siphon. B. Name of structure: Avalanche Power Plant. 1. Date of original decree, case number and court: June 20, 1958, Case No. 4613, Garfield County District Court. 2. Legal Description: a. As decreed: At terminus of Avalanche Canal and Siphon. b. PLSS: NE 1/4 of the NE 1/4 of Section 9, T. 9 S., R. 88 W., of the 6th P.M. at a point 2,187 feet south of the north section line and 550 feet west of the east section line. 3. Source: Placita and Osgood Reservoirs and Crystal River. 4. Appropriation Date: April 22, 1957. 5. Amount: 170 cfs 6. Use: Power, Domestic, Municipal, Irrigation, Industrial, and Stock. District Court, Water Division 5, Colorado Case No. 11CW___; Colorado River Water Conservation District and West Divide Water Conservancy District Page 5 of 21 Remarks: Consistent with the Notice of Intent to Abandon filed contemporaneously herewith in Case No. 03CW41, Water Division 5 (attached hereto as Exhibit B), the Applicants have abandoned the water rights associated with Osgood Reservoir and therefore will not claim Osgood Reservoir as a source of supply for the Avalanche Power Plant. C. Name of structure: Dry Hollow Feeder Canal. 1. Date of original decree, case number and court: April 27, 1981, W-3888, Water Division No. 5. 2. Legal Description: a. As decreed: SW Cor. Sec.4, T.6S, R.91W bears S.04°00’W a distance of 1,300.0 feet. b. PLSS: SW 1/4 of the SW 1/4 of Section 4, T. 6 S., R. 91 W., of the 6th P.M. at a point 1,304 feet north of the south section line and 73 feet east of the west section line. 3. Source: Colorado River. 4. Appropriation Date: June 20, 1958. 5. Amount: 250 cfs 6. Use: Agriculture, Domestic, Industrial, Recreation, and all other beneficial uses. D. Name of structure: Dry Hollow Reservoir. 1. Date of original decree, case number and court: April 27, 1981, Case No. 79CW308, Water Division No. 5. 2. Legal Description: a. As decreed: SW Cor. of Sec. 3, T.7S,R.92W, bears N.25°00’E a distance of 2,600 feet. District Court, Water Division 5, Colorado Case No. 11CW___; Colorado River Water Conservation District and West Divide Water Conservancy District Page 6 of 21 b. PLSS: NW 1/4 of the NW 1/4 of Section 3, T. 7 S., R. 92. W, of the 6th P.M. at a point 2378 feet south of the north section line and 1,094 feet east of the west section line. 3. Source: East and West Divide Creeks, Crystal and Colorado Rivers. 4. Appropriation Date: April 22, 1957. 5. Amount: 45,000 AF 6. Use: Agriculture, Domestic, Industrial, Recreation, Power and all other beneficial uses. Remarks: The Applicants no longer intend to divert water from the Crystal River for storage in Dry Hollow Reservoir.
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