Division 5 Water Court – May 2010 Resume

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Division 5 Water Court – May 2010 Resume DIVISION 5 WATER COURT – MAY 2010 RESUME DIVISION 5 WATER COURT ANNOUNCEMENT TO ALL APPLICANTS 1. Pursuant to C.R.S. § 37-92-302(2)(b), the applicant must provide evidence to the water court substantiating that, within 10 days of filing its application, it provided a copy of such application to the owner(s) of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. As a courtesy, the Division 5 Water Court historically sent applicants: a reminder of this statutory requirement; and a copy of the applicable water resume to the landowner(s) identified by the applicant. Due to time and budgetary constraints and because this statutory obligation of landowner notification lies with the applicant not the court, the Water Court hereby discontinues these courtesy practices. 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 MAY 2010. 10CW125 GARFIELD COUNTY, Concerning the Application for Water Rights of the Grand Tunnel Ditch Company in Garfield County, Colorado; Applicant: Grand Tunnel Ditch Company c/o Stuver & LeMoine, P.C. 120 West Third Street, Rifle, Colorado, 970-625-1887, Name of structure: GRAND TUNNEL DITCH, Legal Description: NW 1/4 of the SW1/4, Section 19, Township 5 S, Range 92 West of the 6th P.M.; 1388 feet from South section line and 1258 feet from East section line; Source: Rifle Creek, Tributary to the Colorado River; Date of initiation of appropriation: November 1, 1978; appropriation was initiated by diversion and delivery of the water right for the claimed use; date water applied to beneficial use: November 1, 1978; amount claimed: 2cfs, absolute; use: providing water for livestock watering to the owners of the lands presently irrigated by the Grand Tunnel Ditch during the period from November 1 to March 15 of each year when the Grand Tunnel Ditch is not being utilized to deliver irrigation water, The ditch is located on the map attached to the application. The number of livestock watered average 300 head of cattle and 1000 head of sheep. This water right will use the existing Grand Tunnel Ditch and laterals for transport and delivery of livestock water November 1 to March 15, after conclusion of the customary irrigating season. Landowner at point of diversion: Carol Gentry. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 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. 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 MAY 2010. 10CW126 GRAND COUNTY, WATER DIVISION NO. 5, COLORADO RIVER. J. Scott Bradley, 309 Quito Place, Castle Rock, CO, 80108, Stanley W. Cazier, P.O. Box 500, Granby, CO, 80446, (970)887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. (1) Name of structure: Indian Springs Diversion No. 1, 2 and 3 (2) Source: Return flow, runoff and seepage tributary to Crooked Creek, tributary to Fraser River, tributary to Colorado River. (3) Location: Diversion No. 1-Sec. 14, T. 1S., R. 76 W. At a point 700 feet West of the East line of said Section and 300 feet South of the North line of said Section. Diversion No. 2-Sec. 11, T. 1 S., R. 76 W. Of the 6th P.M. located at a point 1750 feet West of the East line of said Section and 2550 North of the South line of said Section. Diversion No. 3-Sec. 11, T. 1 S., R. 76 W. Of the 6th P.M. at a point 2000 feet West of the East Section line of said Section and 1500 feet South of the North Section line of said Section. (4) Decreed: October 22, 1990, Case No.: 90CW125, Water Division No. 5, Appropriation Date: April 25, 1990, Amount: Diversion No. 1 and Diversion No. 2 - 0.5 cfs each; Diversion No. 3 - 0.25 cfs, all conditional. (5) Type of Use: Irrigation. The application contains a detailed outline of the work performed during the diligence period. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 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. 4. 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 MAY 2010. 10CW127 PITKIN COUNTY. ROARING FORK RIVER. Rhonda R. Vess, c/o Patrick, Miller & Kropf, P.C., Scott C. Miller, Esq. and Laura C. Makar, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structures: Collins Lot 2 Well. Type: Well. Permit No. 262262, see Exhibit “A.” Collins Lot 2 Pond. Type: Reservior. Description of conditional water rights: Original Decree, Case No. 03CW32, May 27, 2004, Division 5 Water Court. Subsequent diligence decrees: NA. Decreed legal descriptions: Collins Lot 2 Well: NE ¼ SE ¼, Section 8, Township 9 MAY 2010 RESUME WATER DIVISION 5 PAGE 2 South, Range 85 West, 6th P.M., 2,200 feet from the South line and 200 feet from the East line of said Section 8, as depicted on the map attached as Figure “1.” Collins Lot 2 Pond: NE ¼ SE ¼, Section 8, Township 9 South, Range 85 West, 6th P.M., 2,180 feet from the South line and 120 feet from the East line of said Section 8, as depicted on Figure “1.” Source of water: Collins Lot 2 Well: Roaring Fork River, tributary to the Colorado River. Collins Lot 1 Pond: Collins Lot 2 Well. Appropriation date: August 30, 2001. Amounts: Collins Lot 2 Well: 0.033 cfs (15 gpm), conditional (1.3 af/year). Collins Lot 2 Pond: 1.50 acre feet active storage, conditional. Uses: Collins Lot 2 Well: Domestic, stock watering, storage, fire protection and the irrigation of up to 5,000 square feet of lawns and gardens, augmentation, and the filling of Collins Lot 2 Pond. Collins Lot 2 Pond: Stock watering, irrigation, piscatorial, aesthetic, recreation, fire protection and augmentation. Depth: Collins Lot 2 Well: 86 feet. Remarks: The Collins Lot 2 Well and the Collins Lot 2 Pond are components of an integrated water supply plan for Applicant’s property. The pond will be excavated below natural grade and will be equipped with pumps to utilize the stored water for fire protection and irrigation. Outline of diligent effort to complete appropriation: Applicant bought the property in April 2005; the previous owner obtained a well permit and the Applicant hired Shelton Drilling to drill the well on the property and engaged Resource Engineering for a pump test and a water analysis. To prepare the property for development, Applicant engaged Resource Engineering, Inc. to conduct an engineering study regarding the feasibility of relocating the Walthen Ditch, which crosses the Applicant’s property. Applicant also engaged Patrick, Miller & Kropf, P.C. to assist in that effort. Applicant has also obtained a Basalt Water Conservancy District Water Allotment Contract to augment the water use. The Applicant has recently engaged Greg Mozian & Associates, Inc. to draft a landscape plan for the property in preparation for county land use approval. Applicant has spent in excess of $10,000 on these diligence activities. Applicant has also engaged the services of Patrick, Miller & Kropf, P.C. to monitor water rights applications, which could impact the subject water rights. The owner of the land on which the water rights are used and/or will be located is: Applicant. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 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.
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