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Pursuant to C.R.S., §37-92-302, As Amended, You Are Notified That the Following Pages Comprise a Resume of the Applications

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Pursuant to C.R.S., §37-92-302, As Amended, You Are Notified That the Following Pages Comprise a Resume of the Applications 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 2002. 1. 02CW26 GARFIELD COUNTY – ALKALI CREEK. Rosemary T. & Robert D. Patterson; 228 Rd. 343; Silt, CO 81652. 970-876-2653. J.S. Porter Ditch – Protest to Revised Abandonment List. Location: NW1/4NE1/4 of Sec.2, T.8S, R. 92W, 6th P.M., 4,500 ft. from south sec. line and 1,900 ft. from east sec. line. Appropriation: January 28, 1899 and January 22, 1907. Amount: 0.08 cfs. and 1.6 cfs. Amount listed as being abandoned: 2.4 cfs. Use: irrigation. A detailed explanation of this protest is included. (3 pages) 2. 02CW27 GRAND COUNTY-APPLICATION FOR CHANGE OF WATER RIGHT FOR C LAZY U HOMESTEADS OWNERS ASSOCIATION, INC., c/o Brian D. Murray, P.O. Box 379, 3640 Colorado Highway 125, Granby, Colorado 80446, (970) 887-3344. Copies of all pleadings to: Richard A. Johnson, Johnson & Repucci LLP, 1401 Walnut Street, Suite 500, Boulder, Colorado 80302, (303) 442-1900. 2. Name of structure: Marydale Domestic Diversion. 3. From previous decree: A. Date entered: The Marydale Domestic Diversion was decreed by the District Court in and for Grand County, State of Colorado, on October 28, 1955, in Case No. 814. B. Point of diversion: The subject water right is decreed as being located at a point whence the NW cor. Sec. 13, T. 2 N., R. 77 W. of the 6th P.M. bears North 4352' E. 926 feet. C. Source: Spring tributary to Willow Creek, tributary to the Colorado River. D. Appropriation date: September 1, 1917. E. Amount: 0.10 cfs absolute. F. Use: Decreed for irrigation and domestic purposes. Pursuant to Stipulation dated March 4, 1999, between Applicant and the Division Engineer for Water Division No. 5 (the “Division Engineer”), the irrigation use of the subject water right has been abandoned but the domestic use component of the water right remains in full force and effect. 4. Proposed change: Applicant seeks to change the decreed location of the subject water right to comport with its actual location in the field. The actual location for the Marydale Domestic Diversion is in the SW1/4 NE1/4 NE1/4 of Section 13, T. 2 N., R. 77 W. of the 6th P.M., Grand County, Colorado, at a point whence the NE corner of Section 13, T. 2 N., R. 77 W., 6th P.M. bears North 4352' E. 926 feet. Other than the decreed location for the subject water right, no other changes are sought by the Applicant. 5. Remarks: This application for change of water rights is filed to implement the terms and conditions of a Stipulation dated March 4, 1999, between Applicant and the Division Engineer to correct the decreed location of the subject water right. (4 pages) 3. 02CW28 (94CW380), Roaring River Ranch LLC, c/o Richard Kinder, 3355 Del Monte, Houston, TX 77019 (Anne J. Castle, Michael J. Sawyer, Holland & Hart LLP, P.O. Box 8749, Denver, CO 80201-8749, (303-295-8000). APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE OR, IN THE ALTERNATIVE, FOR REASONABLE DILIGENCE, IN PITKIN COUNTY. 2. Name of Structures: Pines Grove Pipeline and Pines Grove Pond System, 3. Description of the Conditional Water Rights: a) Date of original decree: February 27, 1996, Case No. 94CW380, Parts 1 & 2, Water Division No. 5, Colorado, b) Location: Pines Grove Pipeline: A point on the left bank of the Roaring Fork River, at a point whence the SE Corner of Section 6, Township 9 South, Range 85 West of the 6th P.M. bears South 17°30 East 1750 feet (Pitkin County), Pines Grove Pond System: The center line of the N. Bank is located in the NE¼SE¼ of Sec. 6, Township 9 South, Range 85 west of the 6th P.M. at a point whence the SE Corner of Sec. 6 bears South 30° East, a distance of 1,650 feet (Pitkin County), c) Source: Roaring Fork River; delivery to Pines Grove Pond System via the Pines Grove Pipeline, d) Appropriation date: June 1, 1994, Amount: Pines Grove Pipeline: 0.728 cfs (330 g.p.m.), conditional; Pines Grove Pond System: 7.0 acre feet, conditional, e) Use: Irrigation, stockwatering, piscatorial, recreational purposes, augmentation and exchange, 4. Detailed outline of what has been done toward completion of the appropriation and application of the water to a beneficial use as conditionally decreed: a) In 1995, Applicant constructed the Pines Grove Pipeline from the Roaring Fork to the Pines Grove Pond. The Pines Grove Pipeline as constructed uses a 10 horsepower pump with a rated capacity of 340 gallons per minute. The entire conditionally decreed amount of 0.728 cfs (330 g.p.m.) has been diverted through the Pines Grove Pipeline at the decreed point of diversion that has been used to fill the Pines Grove Pond System, b) In 1995, Applicant constructed two of the three ponds decreed in Case No. 94CW380. These two ponds are collectively known as the Pines Grove Pond. The two ponds have a combined surface area of 1.31 acres and a capacity of approximately 7 acre feet of water, c) Water diverted through the Pines Grove Pipeline and delivered to the Pines Grove Pond System has been beneficially used for irrigation, livestock watering, piscatorial, and recreational purposes, d) Applicant received a change of water right allowing 0.27 cfs of the Pines Grove Pipeline water right to be diverted from an alternative point of diversion on the Roaring River Ranch property. This change of water right was decreed in Case No. 99CW240, e) The water rights decreed in Case No. 94CW380 are part of an integrated system (including water rights decreed in other cases) composed of several features for the irrigation, use, and development of the Roaring River Ranch property, f) Total expenditures in time and money for all of the above during the past six years are difficult to estimate, but are conservatively estimated to be $20,000, 5. If a claim to make absolute, water applied to beneficial use: Applicant has constructed two of the three ponds decreed storage rights in 94CW380 and has diverted the full 0.728 cfs (330 g.p.m.) decreed to the Pines Grove Pipeline in 94CW380. This water has been placed to beneficial use for irrigation, stock watering, piscatorial, recreational purposes, augmentation and exchange, 6. Names and addresses of owners of land on which structures are located: Applicant (Roaring River Ranch LLC, c/o Richard Kinder, 3355 Del Monte, Houston, TX 77019). WHEREFORE, Applicant respectfully requests that: 1) The conditional water right for the Pines Grove Pipeline granted in Case No. 94CW380 for 0.728 cfs (330 g.p.m.) be made absolute based on Applicant’s construction of such pipeline, diversion of water through the pipeline, and application of the water diverted to the beneficial uses decreed in Case No. 94CW380, 2) The conditional water right for the Pines Grove Pond System granted in Case No. 84CW380 for 7.0 acre feet be decreed absolute based on Applicant’s construction of the pond system, diversion of water through the pipeline, and application of the water diverted to the beneficial uses decreed in Case No. FEBRUARY 2002 RESUME WATER DIVISION 5 PAGE 2 94CW380, 3) In the alternative, if the Court does not make the subject water rights absolute in their entirety, Applicant requests a finding that reasonable diligence has been maintained in working toward the completion of the appropriation. (5 pages) 4. 02CW29 WILL NOT BE PUBLISHED IN THIS RESUME. 5. 02CW30 GRAND COUNTY- COLORADO RIVER. Herdman & Yvonne Clark; P.O. Box 1790; Grand Lake, CO 80447 970-627-8041. Holiday Well (Permit # 232944)- Application for Underground Water Right. Location: SW1/4NE1/4 of Sec. 12, T. 3S., R. 76W., 6th P.M., 2,425 ft. from north sec. line and 1,340 ft. from east sec. line. Appropriation: July 1966. Amount: 5.0 gpm, absolute. Use: ordinary household purposes inside one single family dwelling and for fire protection. (6 pages) 6. 02CW31 RIO BLANCO COUNTY. M.T.W. Ranch, LLC., c/o Frank G. Cooley, Attorney at Law, P. O. Box 98, Meeker, CO 81641, Telephone: 970-878-5065. AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structures: P.L. RESERVOIR No. 1. Legal description of each point of diversion: the Reservoir is located in Township 3 South, Range 97 West, 6th P.M. the NE1/4SW1/4 of Section 2, at a point whence the S1/4 corner of said Section 2 bears South 06°55’24” East 1,608.5 feet. Source: Willow Creek, tributary of Piceance Creek, Tributary of the White River. Amount claimed: conditional water right of 133.33 acre feet. Uses: Irrigation, stock water, municipal, industrial, and domestic purposes. (4 pages) 7. 02CW32 MESA COUNTY, COLORADO RIVER. Wilma S. Martin, c/o Jimmie L. Downer, 1301 17-1/2 Rd, Fruita, CO 81521, (970) 858-4354; c/o Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Finding of Reasonable Diligence and to Make Absolute Certain Conditional Water Rights. Structures: Wilma Spring; Original Decree: February 5, 1996, Case No.: 95 CW 118, District Court, Water Division 5; Location: Located at a point 1500 feet from the West Section Line and 1650 feet from the North Section line of Section 22, T.1 N, R.
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