Division 5 Water Court- January 2014 Resume 1
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DIVISION 5 WATER COURT- JANUARY 2014 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 JANUARY 2014. 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. 14CW1 (07CW45) GRAND COUNTY-GROUNDWATER TRIBUTARY TO ST. LOUIS CREEK, TRIBUTARY TO THE FRASER RIVER. Russell A. Sedmak; 340 Bellaire St.; Denver, CO 80220; (303)525-0478. Ski Ranch Estates Well #3- Application for Finding of Reasonable Diligence. Location: N½ of the SE¼ of the NW¼ and the E½ of the SW¼ of the NW¼ of Sec. 24, T.1S., R.76W. of the 6th P.M. in which one well, included in Ski Ranch Estates Well #3, was decreed for each of the five lots of the Ski Ranch Estates Subdivision as shown on the final plat thereof as recorded in the Grand County records. Appropriation: 6.19.1985 Amount: 0.31 c.f.s., conditional. Use: domestic, in-house use only inside one single family dwelling. An outline of work completed during the diligence period is included in the application. (17 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2014 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. 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 JANUARY 2014. 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. 14CW2 GARFIELD COUNTY-COLORADO RIVER. Stefan Fronka Niedzwiedz; P.O. Box 669; Rifle, CO 81650 (970)274-3123. Paradise Island-Application for Absolute Water Rights(Surface). Location: NW¼SW¼ of Sec. 16, T.6S., R.93W. of the 6th P.M., 2,279 ft. from the north sec. line and 673 ft. from the west sec. line. Appropriation: June 2000. Amount: 4.0 c.f.s., absolute. Use: irrigate hayfield, pasture, organic vegetable and fruit orchard, water livestock and hydropower. (7 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2014 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 JANUARY 2014. 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. 14CW3000 GRAND COUNTY. Applicant: Kirk Klancke, P.O. Box 82, Fraser, Colorado 80442, 970-726-8691, c/o Stanley W. Cazier, Cazier, McGowan & Walker, Box 500, Granby, CO 80446, (970) 887-3376. 2. Name of Structure: Klancke Well No. 1. 3. APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR AUGMENTATION PLAN INCLUDING EXCHANGE AND DILIGENCE FOR UNDERGROUND WATER RIGHT. 4. Source: Ground water hydraulically connected to Ranch Creek, tributary to Fraser River, tributary to Colorado River. 5. Location: Klancke Well No. 1: SW1/4NW1/4, Sec. 4, T1S, R75W of 6 th PM, as follows: 2,790 feet from the South line, 1,245 feet from the West Section line 6. Use: Domestic use for one single family residence and irrigation. 7. Type: Well. 8. Amount: 15 gpm. 0.7 acre foot for exchange. 9 Decreed 1/7/2008, 05CW196, Appropriation Date 6/1/2005. Applicants plan for Augmentation and Exchange involves a contract it has with Middle Park Water Conservancy District for water placed in storage in Granby Reservoir and Wolford Mountain Reservoir with additional terms and conditions decreed in 05CW196. (15 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2014 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 JANUARY 2014. The water right claimed by this application JANUARY 2014 RESUME WATER DIVISION 5 PAGE 2 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. 14CW3001 IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART. DISTRICT COURT, WATER DIVISION NO. 5, COLORADO, 108 Eighth Street, Suite 104, Glenwood Springs, Colorado 81601, (970) 928-3065. 1. The name and address of the Applicant: Town of Silverthorne, c/o Town Administrator, P. O. Box 1309, Silverthorne, Colorado 80498,. Direct all pleadings to: Peter J. Ampe, Esq., Hill & Robbins, P.C., 1441 18th Street, Suite 100, Denver, CO 80202, 303.296.8100. 2. Names of Structures: Silverthorne Well Nos. 5 through 11. 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: a.Date of Original Decree: August 1, 1988; Case No. 85CW580; Court: District Court, Water Division No. 5. b. Location: (1)Silverthorne Well No. 5 - Located at a point in the NW1/4 SW1/4, Section 1, Township 5 South, Range 78 West, 6th P.M., approximately at a point 2,223 feet north of the south section line and 1,045 feet east of the west section line; (2) Silverthorne Well No. 6 - Located in the NW1/4 SW1/4, Section 1, Township 5 South, Range 78 West, 6th P.M., approximately at a point 1,912 feet north of the south section line and 1,084 feet east of the west section line; (3) Silverthorne Well No. 7 - Located in the SE1/4 SW1/4, Section 1, Township 5 South, Range 78 West, 6th P.M., approximately at a point 175 feet north of the south section line and 2,150 feet east of the west section line; (4) Silverthorne Well No. 8 - Located in the NE1/4 SW1/4, Section 1, Township 5 South, Range 78 West, 6th P.M., approximately at a point 1,783 feet north of the south section line and 1,673 feet east of the west section line; (5) Silverthorne Well No. 9 - Located in the NE1/4 NW1/4, Section 12, Township 5 South, Range 78 West, 6th P.M., approximately at a point 5,272 feet north of the south section line and 2,483 feet east of the west section line; (6)Silverthorne Well No. 10 - Located in the NE1/4 NW1/4, Section 12, Township 5 South, Range 78 West, 6th P.M., approximately at a point 5,025 feet north of the south section line and 2,375 feet east of the west section line; and (7) Silverthorne Well No. 11- Located in the NE1/4 NW1/4, Section 12, Township 5 South, Range 78 West, 6th P.M., approximately at a point 4,773 feet north of the south section line and 2,259 feet east of the west section line. c.Source: Ground water tributary to the Blue River. d. Appropriation Date: July 21, 1981. e. Capacity: 300 g.p.m. for each structure. f.Use: Municipal. g. Depth: approximately 80 feet. 4. 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: During the diligence period, Applicant operated Well No.