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Supreme Court of Colorrado Office of the Chief Justice Order in the Matter of the Appointment of Water Judges Under the Water Ri

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Supreme Court of Colorrado Office of the Chief Justice Order in the Matter of the Appointment of Water Judges Under the Water Ri SUPREME COURT OF COLORRADO OFFICE OF THE CHIEF JUSTICE ORDER IN THE MATTER OF THE APPOINTMENT OF WATER JUDGES UNDER THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969 Pursuant to Section 37-92-203(2), CRS (2004), the following judges are designated or redesignated as water judges for the water divisions of the state for 2005: Division 1 Roger A. Klein Gilbert Gutierrez* Division 2 C. Dennis Maes Kirk S. Samelson * Division 3 O. John Kuenhold Pattie P. Swift * Division 4 J. Steven Patrick Charles R. Greenacre * Division 5 Thomas P. Craven Daniel B. Petre* Division 6 Michael A. O’Hara Daniel J. Kaup * Division 7 Gregory G. Lyman David L. Dickinson* Dated this 8th day of December, 2004 /s/ Mary J. Mullarkey Chief Justice * Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation. December 2004 Resume Page 1 of 185 SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE ORDER CONCERNING THE APPOINTMENT OF DESIGNATED GROUND WATER JUDGES Pursuant to the provisions of Section 37-90-115(1)(b)(V), CRS (2004), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2005: Judicial Designated Ground Water Basin District Judge Northern High Plains Steven E. Shinn 13th Camp Creek Kiowa-Bijou C. Vincent Phelps, Jr. 17th Lost Creek Upper Black Squirrel Creek Larry E. Schwartz 4th Upper Big Sandy Southern High Plains Stanley A. Brinkley 15th Upper Crow Creek Roger A. Klein 19th Dated this 8th day of December, 2004 /s/ Mary J. Mullarkey Chief Justice December 2004 Resume Page 2 of 185 SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308, C.R.S. (2004) directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of: substitute water supply plans (§37-92-308), loans for an instream flow (§37-83-105), and interruptible water supply agreements (§37- 92-309). To receive this information for calendar year 2005, specify whether you prefer to receive the information by first-class mail or electronic mail and send your name, mailing address, e-mail address, daytime telephone number, and water division(s) to: Substitute Water Supply Plan Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203 or e-mail to: [email protected]. There is a $12 fee for this information per calendar year, per water division. The fee may be paid by Visa, MasterCard, check or money order payable to the Colorado Division of Water Resources. If paying by credit card, please include the credit card number and expiration date. Subscription forms and other information regarding Substitute Water Supply Plans are available on the Division of Water Resources' website at http://water.state.co.us/. Questions may be directed to the Division of Water Resources at (303) 866-3581. December 2004 Resume Page 3 of 185 DISTRICT COURT, WATER DIVISION 1, COLORADO December 2004 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of December 2004 for each County affected. 04CW303 PAUL V. AND SUSAN P. GALLAGHER, 9527 Hurty Avenue, Conifer, CO 80433 (303-838-2578). APPLICATION FOR UNDERGROUND WATER RIGHT, IN JEFFERSON COUNTY. 2. Name of well: Gallagher’s Well, Permit No. 89819. 3. Legal description: NW ¼, SE ¼ of Section 11, T6S, R71W. Distance from section lines: 2580 ft. from S and 2600 ft from E. Street address: 9527 Hurty Ave., Conifer, CO 80433. Subdivision: Aspen Park-Unit 1, Lot 31.4.A. Source: fractured granite. B. Depth 350 ft. 5.A. Date of appropriation: September 9, 1977. B. How appropriation was initiated; drilled well. C. Date water applied to beneficial use: November 7, 1977. 6. Amount claimed: 6.5 gpm, ABSOLUTE. 8.B. Non-irrigation proposed use: Household use for one single-family dwelling. 9. Name and address of owners: Applicants. 04CW304 BILL AND THERESA NAPIER, 25802 Duran Ave., Conifer, CO 80433 (303-838- 2454). APPLICATION FOR UNDERGROUND WATER RIGHT, IN JEFFERSON COUNTY. 2. Name of well: Napier Domestic Well, Permit No. 195760-A. 3. Legal description: SW ¼, SW ¼ of Section 12, T6S, R71W of 6th PM in Jefferson County. Distance from section lines: 765 ft. from S and 600 ft. from W. Street address: 25802 Duran, Conifer CO. Subdivision: Aspen Park, Lot 4, Block 41, Filing 3. Optional additional description: GPS location information in UTM format. Points were averaged. Northing 4376742. Easting 0474630. 4.A. Source: groundwater. B. Depth: 225 ft. 5.A. Date of appropriation: December 31, 1959. B. How appropriation was initiated: Original construction and use of well. C. Date water applied to beneficial use: December 31, 1959. 6. Amount claimed: 7.0 gpm, ABSOLUTE. 8.B. Non-irrigation: Household use only in a single-family dwelling including irrigation of 2000 sq. ft. of home garden and lawns. Remarks: This water right, so long as uses are limited to those decreed herein, is exempt from administration by the State Engineer pursuant to CRS 37-92-602. 04CW305 LARRY E. AND CAROL J. KELLER, 5066 North Lariat Drive, Castle Rock, CO 80108 (303-814-8260). APPLICATION FOR UNDERGROUND WATER RIGHT, IN DOUGLAS COUNTY. 2. Name of well: Existing Keller Well Permit #161414 (originally “Osborn”). 3. Legal description: NE ¼, NE ¼ of Section 22, T7S, R67W of the 6th PM, in Douglas County. Distance from section lines: 815 ft from N and 385 ft. from E. Street address: 5066 North Lariat Drive. Subdivision: Happy Canyon, Lot 55, Block: Happy Canyon 1. 4.A. Source: Lower Dawson Aquifer. B. Depth: 640 ft. 5.A. Date of appropriation: September 3, 1991. B. How appropriation was initiated: well permit. C. Date water applied to beneficial use: Spring 1992. 6. Amount claimed: 6 ¾ gpm, ABSOLUTE. 8.B. Non-irrigation proposed use: Household use—one single family dwelling. 9. Name and address of owners: Applicants. 04CW306 (82CW116 and 81CW403) COLONY INVESTMENTS, INC., 10475 Park Meadows Drive, Suite 600, Lone Tree, CO 80124 (Alix L. Joseph, BURNS, FIGA & WILL P.C., Attorneys for Applicant, 6400 S. Fiddlers Green Circle, Suite 1030, Englewood, CO 80111, (303) 796-2626, [email protected]). APPLICATION FOR CHANGES OF NONTRIBUTARY GROUND WATER RIGHTS, IN DOUGLAS COUNTY. 2. Purpose of Application; Aquifer and Location of Ground Water; Ownership of Well and Land: December 2004 Resume Page 4 of 185 Applicant seeks changes to the decreed locations for Elysian Wells LD-1 and LFH-1. Well LD-1 was decreed in Case No. 82CW116 to withdraw up to 96 a.f. annually of nontributary ground water from the Lower Dawson aquifer underlying certain real property located in Douglas County, Colorado. Well LFH-1 was decreed in Case No. 81CW403 to withdraw up to 162 a.f. annually of nontributary ground water from the Laramie-Fox Hills aquifer underlying the same property. Neither well has yet been drilled. The new location for each well and its alternate will be as described in paragraph 4. The property involved in this application is located in parts of Sections 13, 14, 15, 21, 22, 23, and 24, T6S, R67W, 6th P.M., consisting of 3,514 acres. Applicant owns the ground water rights previously decreed in connection with these wells and lands, including those which are the subject of this application, by a 1988 deed from Elysian Corporation. Applicant currently owns the land where Wells LD-1 and LFH-1 are located, and owns the land at the proposed new locations of the wells. 3. Description of Current Decreed Wells and Water Rights for Which Changes are Sought: A. Initial Decrees: i. Well LD-1, as described below, was initially decreed in Case. No. 82CW116 (Water Division 1), entered on January 29, 1985, with an appropriation date of April 16, 1982. ii. Well LFH-1, as described below, was initially decreed in Case No. 81CW403 (Water Division 1), entered on April 11, 1985, with an appropriation date of November 18, 1981. B. Existing Decreed Locations and Decreed Amounts: The water rights for Well Nos. LD-1 and LFH-1 have been previously decreed as follows: Well # Location Source Decreed Flow Rate Amount LD-1 SE ¼, NW ¼ of Sec. 15, T6S, R67W, 6th P.M., Lower 96 a.f./ 100 g.p.m. 2700 FSL and 2900 FEL Dawson year LFH-1 NE ¼, SW ¼ of Sec. 15, T6S, R67W, 6th P.M., Laramie- 162 a.f./ 125 g.p.m. 2500 feet FSL and 2500 FWL Fox year Hills C. Decreed Uses: Well Nos. LD-1 and LFH-1 both have been decreed for municipal purposes including domestic, agricultural, commercial, industrial, irrigation, stock water, recreation and fire protection within the South Platte River drainage, including the right of succession of uses until such water is entirely consumed. D. Alternate Points of Diversion: Pursuant to the Decree in Case No. 82CW116 (Water Division 1), Well No. LD-1 may be used as an alternate point of diversion for Well Nos. LD-4, LD-5, LD-6, LD-7, and LD-8. Similarly, Well Nos. LD-4, LD-5, LD-6, LD-7, and LD-8 may be used as alternate points of diversion for the water decreed to Well No. LD-1. Nothing in this Application seeks to change those provisions. E. Well Permits: The well permits initially issued for Well Nos. LD-1 and LFH-1 have expired.
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