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Division 5 Water Court- February 2015 Resume 1

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Division 5 Water Court- February 2015 Resume 1 DIVISION 5 WATER COURT- FEBRUARY 2015 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 FEBRUARY 2015. 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. 15CW3008 MESA COUNTY - COLORADO RIVER; R&P Sturdevant Family Trust; c/o Jill T. Norris, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5874; Application for Surface Water Right; Name, mailing address, and telephone number of applicant: R&P Sturdevant Family Trust; 2216 L Road, Grand Junction, Colorado 81505; 970-245-3694; Name of structure: Sturdevant Spring; Legal description of point of diversion: The Sturdevant Spring is located in the NW¼ SW¼ of Section 6, Township 1 North, Range 1 West of the Ute Principal Meridian 1,783 feet from the south section line and 1,013 feet from the west section line; Source: Surface flows tributary to the Colorado River; Information regarding appropriation: Appropriation date: March 1, 2010; How appropriation was initiated: By permitting stock to drink from the spring, measuring the amount of flow for the spring, and locating point of diversion; Date applied to beneficial use: March 1, 2010; Amount claimed: 10 gallons per minute absolute; Use: Stock watering, absolute; (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 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 FEBRUARY 2015. 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. 15CW3009 PITKIN COUNTY, PINE CREEK, TRIBUTARY TO CASTLE CREEK, ROARING FORK RIVER AND COLORADO RIVER, Application for Surface Water Right, Storage Right, Plan for Augmentation and Exchange of John and Juliet Wilcox, P.O. Box 7817, Aspen, CO 81611; contact Craig Corona, Esq., CORONA WATER LAW, 420 E. Main St., Ste. 203, Aspen, CO 81611, [email protected], (970)948-6523; First Claim: Montezuma Ditch and Pipeline. Location: SW NE Sect. 6, T12S, R84W, 6th P.M. 1,724 feet from the north line and 1,957 feet from the east line, Pitkin County; 12725 Castle Creek Rd., Aspen; Source: Pine Creek; Appropriation date: 2/12/15, by filing this application; Amount: 50 gpm, conditional for direct use; 1 cfs, conditional for delivery to storage; Uses: indoor use in seven commercial guest cabins, irrigation, and delivery to storage for subsequent release to augmentation or directly to indoor commercial use; Area proposed to be irrigated: 1 acre within the property with street address 12725 Castle Creek Rd., Aspen. Second Claim: Montezuma Storage Tanks. Location: SW NE Sect. 6, T12S, R84W, 6th P.M. 1,648 feet from the north line and 1,764 feet from the east line; Pitkin County. Source: Pine Creek; Filled by Montezuma Ditch and Pipeline with 1 cfs capacity. Appropriation date: 2/12/15 by filing this application; Amount: 35,000 gallons, 0.107 acre-feet, conditional; Uses: augmentation and indoor commercial use in seven overnight guest cabins. Place of use: 12725 Castle Creek Rd., Aspen, CO 81611. Third Claim: Plan for Augmentation; Augmented Structure: Montezuma Ditch and Pipeline; Augmentation Water Rights: Montezuma Storage Tanks; Basalt Water Conservancy District water allotment contract providing water pursuant to the following water rights: Green Mountain Reservoir in all or parts of Sections 11, 12, 13, 14, 15, and 24 of T2S R80W, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, T2S R79W, 6th P.M.; Ruedi Reservoir in Sections 7, 8, 9, 11, and 14 through 18, T8S R84W, 6th P.M.; Troy and Edith Ditch in SE SE, S. 14 T8S R84W, 6th PM; SW SW, S. 12, T8S R84W, 6th PM.; Robinson Ditch on north bank Roaring Fork River ½ mile below Sopris Creek in Section 11, T8S, R87W, 6th P.M. A full description of the District’s water rights is on file with the court. For replacement of out-of-priority depletions, Applicants may use the sources described above and/or other additional sources acquired in the future and added to this augmentation plan in accordance with statutory procedure. Statement of plan for augmentation and exchange: Applicants will replace all out-of-priority depletions from indoor use in up to seven guest cabins by release of water pursuant to its Basalt Water Conservancy District water allotment contract and/or from the Montezuma Storage Tanks. Applicants’ consulting engineer estimates Applicants’ annual out-of-priority depletions will not exceed one-half acre-foot. Applicants will not augment irrigation use from the Montezuma Ditch and Pipeline. All diversions to irrigation from this structure will be curtailed in times of a senior call administered by the Division Engineer. Fourth Claim: Montezuma Exchange; Upstream terminus: Montezuma Ditch and Pipeline point of diversion described above; Downstream termini: The exchange will operate from one of three downstream termini depending on the source from which the Basalt Water Conservancy District releases water pursuant to Applicants’ contract. 1. Confluence, Roaring Fork River and Colorado River located in SE NW Sect. 9, T6S, R89W 6th P.M. 2,200 feet from the north section line and 2,350 feet from the west section line. 2. Confluence Roaring Fork and Fryingpan Rivers located in SW SE Sect. 7, T8S, R86W, 6th P.M., 1,440 feet from the east section line, 750 feet from the south section line. 3. Robinson Ditch described above. Upstream Source: Pine Creek; Downstream Source: releases from Basalt Water Conservancy District water rights described above. Appropriation date: 2/12/15 by filing this application; Amount: 1 gpm, conditional; 0.15 acre-feet, conditional; Use: Exchange; Applicants will divert at the Montezuma Ditch and Pipeline while causing releases to be made downstream pursuant to their Basalt Water Conservancy District allotment contract in the amounts of their out-of- priority depletions. Applicants own the land on which all new structures will be constructed and on which water will be stored. Maps FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 2 are on file with the court. Complete copies of the application and all exhibits can be obtained by contacting Craig Corona, (970) 948- 6523, [email protected]. (16 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 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 FEBRUARY 2015. 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. 15CW3011 EAGLE COUNTY, EAGLE RIVER OR ITS TRIBUTARIES. Application for Change of Water Right. Stuart Camps, Inc., c/o Meghan N. Winokur, Esq., Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, Colorado 81601, (970) 925- 3476, [email protected]. Structure: Anderson Camp Well No. 4. Previous Decrees: 4/9/2001, Case No. 99CW307 in Water Div. No. 5. Legal Description: The decreed legal description for the subject water right is in the SW 1/4 NW 1/4 of Section 9 T4S., R86W. of the 6th P.M. 1650 ft from the N section line, 3640 ft from the E section line. The actual location of Well No. 4 is within 200 ft of the decreed location, in the SE 1/4 NW 1/4 of Section 9, T4S, R86W. of the 6th P.M., 1740 ft from the N section line, 3465 ft from the E section line. The decreed and actual locations of the subject water right are shown on the map attached as Exhibit A to the Application. Source: Ground water tributary to Sweetwater Creek, tributary to the Colorado River.
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