In the District Court in and for Water Division No
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IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of October 2019. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which 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 as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. CASE NO. 2019CW34 (REF NO. 13CW12, 06CW91). Applicant: Justin Korth, 28464 Lampshire Rd, Hotchkiss, CO 81419. Application to Make Absolute: Forrest Pond – NW1/4SW1/4NE1/4 of Section 30, T14S, R93W, 6th PM. 1,996 feet south of the north line and 2,380 feet west of the east section line. Easting 254500, Northing 4299440, Source: Sulfur Gulch, North Fork of the Gunnison River, Gunnison River. Appropriation Date: 04/24/2006. Amount Claimed: 10 acre-feet absolute for irrigation of 10 acres, stockwater, wildlife and fire protection. The application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2019CW40 (REF NO. 13CW53, 06CW217). Applicant: Robin Kauffman, 38634 Stucker Mesa Rd., Hotchkiss, CO 81419. Application for Finding of Reasonable Diligence: Sovonda Spring – NE1/4SW1/4SW1/4 of Section 2, T14S, R92W, 6th PM. 1,317 feet north of the south line and 1,313 feet east of the west section line. Source: North Fork Gunnison River, Gunnison River. Appropriation Date: 11/18/2006. Amount Claimed: 0.25 c.f.s. conditional for irrigation of 10 acres and stockwater. The application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2019CW41. Applicant: Grant Kier, 17292 Red Tail Rd., Eckert, CO 81418. Application for Surface Water Rights: Cedar Park Ditch, Kier Enlargement – SE1/4SE1/4 of Section 5, T13S, R95W, 6th P.M. 240 feet from the south line and 92 feet from the east section line. Easting 237558.02, Northing 4314976.07, Zone 12. Source: Dirty George Creek, Tongue Creek, Gunnison River. Appropriation Date: 02/21/1887. Amount Claimed: 0.50 c.f.s. absolute for stockwater and domestic use. GBR Wastewater Ditch - SE1/4NE1/4 of Section 22, T13S, R95W, 6th P.M. 2,687 feet from the south line and 771 feet from the east section line. Easting 240520.93, Northing 4310836.19, Zone 12. Source: Dirty George Creek, Forked Tongue Creek, Gunnison River. Appropriation Date: 05/01/2013. Amount Claimed 1.00 c.f.s. absolute for irrigation of 19.79 acres. DELTA COUNTY. CASE NO. 2019CW42. Applicant: Ronald and Christen Williams, 211 Marguerite Dr., Ridgway, CO 81432. Application for Surface Water Rights: Williams Pump – SW1/4SW1/4 of Section 2, T44N, R8W, N.M.P.M. 438 feet from the south line and 107 feet from the west section line. Easting 261731, Northing 4219045, Zone 13. Source: Uncompahgre River, West Arm. Appropriation Date: 05/01/2019. Amount Claimed: .05 c.f.s. conditional for irrigation of 2 acres. Plummer Ditch 1, 2 – NE1/4NW1/4 of Section 11, T44N, R8W, N.M.P.M. 1,399 feet from the north line and 2501 feet from the east section line. Easting 262640, Northing 4218462, Zone 13. Source: Uncompahgre River. Appropriation Date: 05/01/2019. Amount Claimed: .05 c.f.s. conditional for irrigation of 2 acres. OURAY COUNTY. CASE NO. 2019CW43 (REF NO. 2011CW161. Applicant: Leon Moores and Moores Mining Ranching and Sawmill, 32905 Highway 141, Gateway, CO 81522. Application to Make Absolute: Wild Rose Ditch, Hydropower Enlargement – NE1/4SW1/4 of Section 1, T15S, R103W, 6th PM. 2,202 feet from the south line and 2,627 feet from the west section line. Easting 686372, Northing 4294242, Zone 12. Source: West Creek, Dolores River. Appropriation Date: 12/15/2008. Amount Claimed: 10 c.f.s. absolute for hydroelectric power generation. Fields Ditch, Hydropower Enlargement - NE1/4SE1/4 of Section 2, T15S, R103W, 6th PM. 2,018 feet from the south line and 1,121 feet from the east section line. Easting 685233, Northing 4294158, Zone 12. Source: West Creek, Dolores River. Appropriation Date: 12/15/2011. Amount Claimed: 10.c.f.s. absolute for hydroelectric power generation. The Application on file with the Water Court contains an outline of the work performed during the diligence period. MESA COUNTY. CASE NO. 2019CW44 – CASE DISMISSED, CASE NUMBER NOT USED. CASE NO. 2019CW3074, KANNAH CREEK, GUNNISON RIVER, MESA COUNTY, APPLICATION FOR UNDERGROUND WATER RIGHT AND APPROVAL OF A PLAN FOR AUGMENTATION Kilgore Companies, LLC dba Elam Construction, Inc. (“Elam”)Russell A. Larsen, 556 Struthers, Grand Junction, CO 81501,970-242-5370, [email protected], c/o Kirsten M. Kurath, Williams, Turner & Holmes, P.C., 744 Horizon Court, Suite 115, Grand Junction, CO 81506, (970) 242-6262, E-mail: [email protected] and Whiting Land Legacy, LLC (“Property Owner”), c/o Donna Whiting, 335 Bean Ranch Road, Whitewater, CO 81527, (970) 241-3911, Background: Highway 50 Borrow Area No. 2 is located approximately 4.5 miles southeast of Whitewater, Colorado in Section 32, Township 2 South, Range 2 East of the Ute Principal Meridian. See Figure 1 attached to the Application. A site map showing the Highway 50 Borrow Area No. 2 is provided in Figure 2 attached to the Application. The area is bounded to the south by Kannah Creek, to the north and east by U.S. Highway 50, and to the west by private lands. Borrow material was extracted from the area in accordance with a mining and reclamation permit (Permit No. M-1999-076) issued by the Colorado Division of Minerals and Geology (currently referred to as the Colorado Division of Reclamation, Mining, and Safety) and held by Elam. The borrow material was used to support an adjacent highway construction project. Elam completed reclamation of the borrow area following termination of material extraction operations. An approximately 12-foot deep depression (“Pit Lake”) remains within the borrow area. Groundwater is exposed within the lower portion of the depression; therefore, the depression is considered a pit well. Elam and Property Owner seek an underground water right for the Highway 50 Borrow Area No. 2 pit well and augmentation plan to replacement out-of-priority depletions associated with evaporation from the Pit Lake. The Pit Lake is located on property owned by Property Owner. Property Owner has consented to the filing of the Application and the relief requested herein. See the Water Rights and Augmentation Plan Agreement attached as Exhibit A to the Application. Upon the closing of Permit No. M-1999-076, Elam shall transfer the water right, augmentation plan, well permit and augmentation water supply contract to the Property Owner and Property Owner shall be solely responsible for maintaining the same. FIRST CLAIM FOR RELIEF: Underground Water Right. Structure and Well Permit: Highway 50 Borrow Area No. 2 (the “Pit Lake”). Applicants will obtain a well permit for the Pit upon approval of the plan for augmentation. Legal Description: The approximate center of the Pit Lake is located in the SW/4 SW/4 of Section 32, Township 2 South, Range 2 East, Ute P.M., at a point 1,112 feet from the south section line and 875 feet from the west section line. UTM coordinates for the projected center of the Pit Lake are Easting: 205217.3; Northing: 4315128.3 (NAD83, UTM Zone 13). The location of the Pit Lake is shown in Figures 1 and 2. Source and Depth: Groundwater tributary to Kannah Creek, tributary to the Gunnison River. The maximum depth of the Pit Lake is approximately 12 feet below the original ground surface. Date of App.: The appropriation was initiated on July 31, 2013, when Elam’s predecessor, in response to an inquiry from the Colorado Division of Reclamation, Mining, and Safety (“DRMS”), notified the DRMS of its intent to appropriate water as described herein. Date Water Applied to Beneficial Use: July 31, 2013. Amount and Uses Claimed: 30.34 acre feet per year, absolute, for evaporative loss from the 7.9 acres of exposed groundwater surface area left after mining was completed. See Table 1 attached to the Application. Applicants request a finding that the water which collects in the Pit Lake is not in storage, as defined in §37-92-103(10.5), C.R.S., and that, in the administration of the water rights granted pursuant to this Application, statutes and other law relating to the storage of water, including without limitation §37-92-502(3), C.R.S., shall not be applicable. SECOND CLAIM FOR RELIEF: Plan for Augmentation. Names of structure to be augmented: The Pit Lake, described above. Description of water right to be used for augmentation: Applicants will obtain a Blue Mesa Reservoir contract with the United States Bureau of Reclamation (“BOR”) to cover the out-of-priority depletions for evaporative losses from the Pit Lake and to cover transit losses in the amount to be decreed in this Plan for Augmentation. Blue Mesa Reservoir (Wayne N. Aspinall Unit of the Colorado River Storage Project): 939,204 acre feet was decreed in C.A. Nos. 5590 and 6981, Gunnison County District Court, with a November 13, 1957 appropriation date.