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District Court, Water Div. 6, Colorado to All Persons Interested in Water Applications in Water Div

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District Court, Water Div. 6, Colorado to All Persons Interested in Water Applications in Water Div 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 DECEMBER, 2002. 1. 02CW88 JAMES H. LEANDER, 1187 MCR 180, MEEKER, CO 81641. (970) 824-6270. APPLICATION FOR CHANGE OF WATER RIGHT IN MOFFAT COUNTY. Decreed name of structure for which change is sought: MULTIPLE CHANGES SOUGHT. ALTERNATE POINT OF CONTACT: WALTER N. PROCTOR AT THE SAME ADDRESS AND PHONE NUMBER. Structures: JOHN H. COLLUM IRRIGATING DITCH; SPRING CREEK DITCH NO.1; SPRING CREEK DITCH NO.2, ½ OF THE WATER RIGHTS (0.29CFS) OWNED BY APPLICANT (SEE ATTACHED BARGAIN AND SALE DEED). From previous Decree: NOTE: ALL THREE POINTS OF DIVERSION IN THIS APPLICATION ARE REFERENCED TO THE PRE-1904 SURVEY AND THE SEC. CORNERS ARE SIGNIFICANTLY DIFFERENT THAN THOSE SHOWN ON CURRENT MAPS. JOHN H. COLLUM IRRIGATING DITCH: DATE ENTERED: 09/22/1894 CASE NO.NONE, SEE ATTACHED COURT MEMO. Court: DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT OF THE STATE OF COLORADO. Decreed point of diversion: ON THE RIGHT AND EAST BANK OF GOOD SPRING CREEK FROM WHICH POINT THE CORNER TO SEC.23,24,25 AND SEC.26, T4N, R93W, OF THE 6TH P.M., BEARS SOUTH 81 DEGREES 30 MINUTES EAST 809 FT. IN ROUTT COUNTY (MOFFAT). Source: GOOD SPRING CREEK A BRANCH OF MILK CREEK TRIB. TO THE YAMPA RIVER. Appropriation Date: 03/20/1883. Amount: 1.6000CFS. Historic use: THIS DIVERSION HAS BEEN IN CONTINUOUS USE FOR THE IRRIGATION OF APPROX. 200 ACRES OF LAND IN SEC. 24, T4N, R93W (CURRENT MAP ATTACHED). SPRING CREEK DITCH NO.1 – Date entered: 09/22/1894. Case No. NONE, SEE ATTACHED COURT MEMO. Court: DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT OF THE STATE OF COLORADO. Decreed point of diversion: ON THE LEFT AND WEST BANK OF GOOD SPRING CREEK AT A POINT WHENCE THE SOUTH WEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SEC. 26 IN T4N, R93W, OF THE 6TH P.M., BEARS SOUTH 67 DEGREES 45 MINUTES EAST 24 RODS IN ROUTT COUNTY (MOFFAT). Source: GOOD SPRING CREEK A BRANCH OF MILK CREEK TRIB. TO THE YAMPA RIVER. Appropriation date: 06/30/1887. Amount: 0.4200 CFS. Historic use: THIS WATER RIGHT WAS ORIGINALLY CLAIMED BY ARTHUR COLLUM FOR THE IRRIGATION OF 25 ACRES IN SEC. 23, T4N, R93W ON THE WEST SIDE OF GOOD SPRING CREEK. AT SOME POINT (DATE UNKNOWN) THE DITCH AND HEADGATE WERE CHANGED TO IRRIGATE APPROX. 25 ACRES IN SEC. 23, T4N, R93W ON THE EAST SIDE OF GOOD SPRING CREEK. IT HAS BEEN CONTINUOUSLY USED FOR THIS PURPOSE SINCE THE 1950’S. SPRING CREEK DITCH NO.2 – Date entered: 09/22/1894. Case No. NONE. SEE ATTACHED COURT MEMO. Court: DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT OF THE STATE OF COLORADO. Decreed point of diversion: ON THE RIGHT AND EAST BANK OF GOOD SPRING CREEK AT A POINT WHENCE THE SOUTH WEST CORNER OF THE NORTH EAST QUARTER OF THE NORTH EAST QUARTER OF SEC. 26, T4N, R93W OF THE 6TH P.M. BEARS NORTH 65 DEGREES 45 MINUTES EAST 33 1/3 RODS IN ROUTT COUNTY (MOFFAT). Source: GOOD SPRING CREEK A BRANCH OF MILK CREEK TRIB. TO YAMPA RIVER. Appropriation Date: 06/30/1887 Amount: 0.5800 CFS. Historic Use: THIS WATER RIGHT WAS ORIGINALLY CLAIMED BY ARTHUR COLLUM FOR THE IRRIGATION OF 35 ACRES OF LAND IN SEC.23, T4N, R93W ON THE RIGHT AND EAST BANK OF GOOD SPRING CREEK. AT SOME POINT (DATE UNKNOWN) THE DITCH AND HEADGATE WERE CHANGED TO IRRIGATE APPROX. 60 ACRES OF LAND IN SEC. 23, T4N, R93W ON THE WEST BANK OF GOOD SPRING CREEK. ON 02/10/1995 ½ OF THIS WATER RIGHT (0.29 CFS) WAS DEEDED TO THE APPLICANT BY COLOWYO COAL COMPANY LP TO IRRIGATE LAND EXCHANGED ON THE EAST BANK OF GOOD SPRING CREEK IN SEC.23, T4N, R93W. (BARGAIN AND SALE DEED ATTACHED). Proposed change: THE CHANGE REQUESTED IS FOR AN ALTERNATE POINT OF DIVERSION. THE PRESENT POINTS OF DIVERSION FOR ALL THREE OF THESE WATER RIGHTS ARE ON THE WEST SIDE OF COLORADO HWY.13. ALL LAND IRRIGATED BY THESE WATER RIGHTS IS ON THE EAST SIDE OF COLORADO HWY.13. RECENT INSTALLATION OF MULTIPLE UNDERGROUND UTILITIES INCLUDING THE FIBER-OPTIC TRUNK LINE BETWEEN CRAIG AND MEEKER IN THE HIGHWAY RIGHT-OF-WAY MAKE IT BOTH DIFFICULT AND COSTLY TO MAINTAIN THE DITCHES WHERE THEY CROSS THE UTILITIES AND GO UNDER THE HIGHWAY. A SUITABLE LOCATION FOR A NEW POINT OF DIVERSION ON GOOD SPRING CREEK ON THE EAST SIDE OF COLORADO HWY 13 HAS BEEN IDENTIFIED 1200 FT. UPSTREAM FROM THE PRESENT LOCATION OF THE SPRING CREEK DITCH NO.1 AND SPRING CREEK DITCH NO.2 POINT OF DIVERSION. THE PROPOSED ALTERNATE POINT OF DIVERSION FOR THESE THREE WATER RIGHTS IS LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SEC. 26, T4N, R93W OF THE 6TH P.M. Use: THE ALTERNATE POINT OF DIVERSION WILL BE USED TO IRRIGATE THE SAME LAND HISTORICALLY IRRIGATED BY THESE WATER RIGHTS. Amount: THE REQUESTED ALTERNATE POINT OF DIVERSION IS FOR THE COMBINED TOTAL OF THE WATER HISTORICALLY USED BY THE THREE WATER RIGHTS LISTED ABOVE. If a change in point of diversion – legal description as follows: SW1/4 OF THE NE ¼ SEC. 26, T4N, R93W, OF THE 6TH P.M., AT A POINT 1650 FT. FROM NORTH SEC. LINE AND 2100 FT. FROM EAST SEC. LINE OF SAID SEC. Required settings for GPS units are as follows in UTM format: POINTS AVERAGED? NO. NORTHING 4463561 EASTING 262900. Name and address of owner of land on which structures are located: SAME AS APPLICANT. 2. 02CW89 (91CW112) RESERVE COAL PROPERTIES CO., 4866 CR 43, HAMILTON, CO 81638. CONTACT: TOM MIKESELL, P.O. BOX 1020, CRAIG, CO 81626. (970) 824-5812. APPLICATION FOR ABSOLUTE RIGHT in MOFFAT COUNTY. Name of structure: RCP POND #4. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: Date of Original Decree: 09/24/1996 Case No. 91CW112 Court: WATER DIVISION #6. Location: SEC 27, T4N, R90W, AT A POINT APPROX. 2300’ FROM THE EAST SEC. LINE AND 700’ FROM THE SOUTH SEC. LINE. Tributaries: WILLIAMS FORK. Appropriation: 03/30/1991. 30 AF. Use: MANY. 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: RCP POND #4 – IN AUGUST, 2002, WE CONSTRUCTED A DAM TO CONFORM TO COLORADO STATE SPECIFICATIONS AT A COST OF $40000.00. If claim is to make absolute: Water applied to beneficial use – Date, Amount, Use and Description of place of use follows: RCP POND #4 – Date: 08/31/2002. Actual location: SE1/4 SW1/4 SEC. 21, T4N, R90W, OF THE 6TH P.M., AT A POINT APPROX. 100’ FROM THE SOUTH LINE AND 2500’ FROM THE WEST LINE OF SAID SEC. Tributaries: WILLIAMS FORK. Amount: 35 AF. Dam Size: Height: 10’ Length: 260’. Use: LIVESTOCK, WILDLIFE, FISH PROPAGATION, AND IRRIGATION WITH FUTURE USES TO INCLUDE DOMESTIC, INDUSTRIAL, COMMERCIAL, MINING, DUST SUPPRESSION, FIRE PROTECTION, AND ALL OTHER USES FOR APPLICANT’S MONUMENT BUTTE PROJECT IN Page 2 of 42 MOFFAT COUNTY, WITH DATE OF APPROPRIATION OF MARCH 30, 1991, AS DECREED IN CASE NO. 91CW112 AND CONTINUED IN CASE NO. 01CW35. THIS PROPERTY IS OWNED BY RESERVE COAL PROPERTIES CO., LOCATED AT 1800 WASHINGTON RD., PITTSBURGH, PA 15241. 3. 02CW90 CHARLES D. JOHNSON AND LINDA A. JOHNSON, 21255 RCR 16, P.O. BOX 770905, STEAMBOAT SPRINGS, CO 80477 C/O VANCE E. HALVORSON, P.O. BOX 773509, STEAMBOAT SPRINGS, CO 80477 (970) 879-2330. APPLICATION FOR WATER RIGHTS in ROUTT COUNTY. SURFACE WATER RIGHT: Name of structure: JOHNSON SATARDALE SPRING. Legal description of each point of diversion: SEC 16, T3N, R84W OF THE 6TH P.M., ROUTT COUNTY, COLORADO AT A POINT 3063 FT FROM N LINE AND 515 FT FROM E LINE OF SAID SEC (SEE MAP). Source: LITTLE MORRISON CREEK WHICH IS TRIB. TO THE YAMPA RIVER. Date of appropriation: MAY 2002. Date water applied to beneficial use: MAY 2002. How appropriation was initiated: LOCATE SPRING ON GROUND AND MEASURE DISTANCE TO KNOWN POINT AND HAVE SURVEYOR, SKIDGE MOON, CALCULATE DISTANCE AND LOCATION. ALSO DIGGING JOHNSON/SATERDALE SPRINGS, JOHNSON PONDS #2 AND 3 AND JOHNSON/SATERDALE POND. Amount claimed: UP TO 10 GPM. TESTING OF IMPROVED SPRING PRODUCED 4-6 GPM IN AUGUST 2002. WATERS ARE CLAIMED ABSOLUTE. Use or proposed use: IRRIGATION, FIRE PROTECTION, PISCATORIAL, STOCK AND WILDLIFE WATER, AND FOR FILLING AND RE-FILLING JOHNSON POND #1, 2 AND 3 AND JOHNSON/SATERDALE POND FOR THE USES INDICATED. Number of acres being irrigated: N/A. Historically irrigated: N/A. Proposed to irrigate: 4 ACRES. Legal description of acreage: 4 ACRE PORTION OF TRACT OWNED BY CHARLES D. AND LINDA A. JOHNSON LOCATED IN PARTS OF SEC 16, T3N, R84W OF THE 6TH P.M. ROUTT COUNTY, COLORADO. Remarks: MOUNTANAIR, A COLORADO CORPORATION, 4411 S HIGH ST, ENGLEWOOD, CO 80110, IS THE OWNER OF THE PROPERTY UPON WHICH THE SPRING IS LOCATED. THE WATER IS COLLECTED IN A SMALL COLLECTION POND. THE WATER AT THE SPRINGS IS GRAVITY FEED TO ALTERNATIVELY JOHNSON PONDS NO. 2 AND 3 AND JOHNSON/SATERDALE POND AND FROM THERE TO WATER FEATURES LOCATED AT THE JOHNSON RESIDENCE ON ADJOINING PROPERTY. THE WATER FEATURES AT THE RESIDENCE CONTEMPLATE FIRE PROTECTION, STORAGE, FISH PONDS AND WATER FALLS, IRRIGATION OF YARD AND DRIP IRRIGATION OF LANDSCAPING FEATURE NEAR THE RESIDENCE.
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