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DISTRICT COURT, WATER DIVISION 1, COLORADO October 2004 WATER RESUME TO

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DISTRICT COURT, WATER DIVISION 1, COLORADO October 2004 WATER RESUME TO DISTRICT COURT, WATER DIVISION 1, COLORADO October 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 October 2004 for each County affected. Application 04CW87 was filed on April 5, 2004. The deadline for filing a Statement of Opposition to 04CW87 is extended to December 2004. 04CW87 DOUG HAMMETT and SUSAN HAMMETT, 512 Kyle Heights, Woodland Park, CO 80863. Kim R. Lawrence, Esq., Bradley C. Grasmick, Esq., Lind, Lawrence & Ottenhoff, LLP, 1011 Eleventh Avenue, Greeley, CO 80631 (970-356-9160) APPLICATION FOR UNDERGROUND WATER RIGHTS, IN TELLER COUNTY. 2. Name of Structure: Hammett Well No. 223736. 3. In the SW¼ NE¼, S15, T12S, R69W of the 6th PM, Teller County, CO, approximately 1600 feet south and 2000 ft west from the NE corner of said section. 4. Source: Groundwater tributary to Trout Creek. 5. Depth: 400 ft. 6. Date of Appropriation: December 31, 1999. 7. How Appropriation was initiated: Application for well permit. 8. Amount claimed: 15 gpm, ABSOLUTE. 9. Use: Fire protection, household use inside up to 3 dwellings, irrigation of up to one acre of lawns and gardens and watering of domestic animals, pursuant to Section 37-92-602(3)(b)(II)(A), CRS, on a tract of 35 acres being Lot 13, Majestic Park division of land, Teller County. 10. Name and address of owners of structures: Applicants. 04CW256 WERNER K. ILLIG, 1390 Aspen Drive, Evergreen, CO 80439 (303-674-4476). APPLICATION FOR UNDERGROUND WATER RIGHT, IN PARK COUNTY. Name of well and permit number: New 35 + acre Residential Permit #214862. Legal description: SW¼ NE¼ S13, T11S, R78W, 6th PM. Distance from section line: 2090 feet from N and 2285 feet from E. Street address: 1630 Willow Creek Lane, Fairplay, Colorado. Subdivision: Black Mountain Ranches. Lot 45, 37.73 acres, Block: Unit Filing #2. Date of appropriation: 11/20/2001. How appropriation was initiated: drilling water well. Date water applied to beneficial use: 05/01/2002. Amount claimed: 100 gpm, ABSOLUTE. Proposed use: Number of acres irrigated: None. Total number of acres proposed to be irrigated: 2 acres. Legal description of land irrigated: NE¼ S13, T11S, R78W. Filing 2, Lot 45. Owner of structure: Applicant. 04CW257 HELEN L. STURDEVANT, 505 Wrangler Rd., Castle Rock, CO 80108 (303-688- 9619). (Name of attorney: Jaime L. Stewart, 413 North Wilcox St., Ste 100, Castle Rock, CO 80104. 303-688-1655). APPLICATION FOR UNDERGROUND WATER RIGHT, IN DOUGLAS COUNTY. Name of well: Sturdevant Well. Permit Number 142542. Legal description: SE¼ SW¼ S15, T7S, R67W, 6th PM in Douglas County. Distance from section line: 435 feet from S and 2610 feet from W. Street address: 505 Wrangler Rd., Castle Rock, CO 80108. Subdivision: Happy Canyon. Lot 30. Source: Lower Dawson Aquifer. Depth: 660 feet. Date of appropriation: 10/21/1985. How appropriation was initiated: By construction of well and installation of a pump. Date water applied to benefical use: 11/21/1985. Amount claimed: 15 gpm ABSOLUTE. Name of aquifer: Lower Dawson. Amount claimed in acre feet annually: one. Area of lawns and gardens irrigated: 1/3 acre. Purpose: Domestic use for one single family dwelling and livestock. 04CW258 THE CONSOLIDATED MUTUAL WATER COMPANY, 12700 West 27th Ave., Lakewood, CO 80215 (303-238-0451). Please address all correspondence to: Frederick A. October 2004 Resume Page 1 of 37 Fendel, II, Esq. Petrock & Fendel, PC. 700 Seventeenth St., Ste 1800, Denver, CO 80202 (303- 534-0702). APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 2.Decree Information: Decreed in Case No. 96CW534 on October 13, 1998. The period of diligence which is the subject of this application is from date of decree in Case No. 96CW534 being October 1998. 3. Name of structure: Welton Reservoir (formerly known as Fortune Reservoir) 4. Source of water: Clear Creek and surface runoff which flows directly into the reservoir other than by way of the Agricultural Ditch. 5. Date of appropriation:July 1, 1996. 6. Amount:10,000 acre-feet with right to refill continuously (conditional). 7. Location of Reservoir Site: The South ½ of Section 24 and the North ½ of Section 25, Township 2 South, Range 70 West of the Sixth P.M., Jefferson County, Colorado. The outlet of the reservoir is located at the South ¼ corner of Section 24, Township 2 South, Range 70 West of the 6th P.M. 8. Point of Diversion: The point of diversion is through the Agricultural Ditch, the headgate of which is locate on the south bank of Clear Creek in the City of Golden, in the Southwest ¼ of Section 27, Township 3 South, Range 70 West of the Sixth P.M., Jefferson County, Colorado, then through Applicant’s pipeline located at the Agricultural Ditch headgate to Welton Reservoir.8.Uses:Municipal, irrigation, domestic, mechanical, commercial, industrial, recreation, fish and wildlife, augmentation and replacement and any other use necessary, desirable, or incidental to the operation of The Consolidated Mutual Water Company’s water system, reuse, successive use, and disposition. 9. Applicant requests that 28.63 acre-feet of the conditional water right be made absolute for municipal use, including irrigation, domestic, commercial, industrial, augmentation and replacement, mechanical, recreational, and fish and wildlife. A total of 28.63 acre-feet was diverted in priority on June 19 and 20, 2003 into Welton Reservoir, and after accounting for evaporative losses, subsequently transferred to Maple Grove Reservoir on November 8 and 9, 2003 and put to beneficial use. In the alternative and if this amount is not made absolute, Applicant requests that a diligence finding also be made to continue this amount pursuant to the activity described below. 10.During this diligence period, in continuing the development of the conditional water rights, Applicant has been diligent in the continued use and development of the water right. Applicant is the owner of other water rights which are part of an integrated and unified water supply system. Work completed on any part of the unified system is considered to be diligence for this conditional right. The following provides a summary description of activity by Applicant in development of the conditional right: A. Applicant completed construction on the Welton Reservoir and Welton Pipeline Infrastructure at a total cost of $31,514,238.24. Applicant spent approximately $21,021,017.32 to construct the Welton Reservoir. Applicant spent approximately $6,306,664.94 to construct the Welton Pipeline. B. Applicant diverted and beneficially used water under this right, up to a maximum of 28.63 acre-feet of the conditional right for municipal uses, including irrigation, domestic, commercial, industrial, augmentation and replacement, mechanical, recreational, and fish and wildlife absolute uses.C.Applicant has engaged in the legal defense and protection of all of its water rights and has incurred expenses for legal, consulting, engineering and construction and maintenance work. Further, each month during the diligence period, legal counsel for Applicant has reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicant whether Statements of Opposition need to be filed to protect the water rights. 04CW259 PETER M. THOMPSON, 3625 Nimbus Rd., Longmont, CO 80503 (303-443- 3962). APPLICATION FOR WATER STORAGE RIGHT, IN BOULDER COUNTY. Name of Reservoir: Pond #1 and associated spring. Legal description: SW¼ SW¼ S31, T1N, R72W, 6th PM in Boulder County, CO. Distance from section lines: 450 ft. from S and 450 from W. Source: spring. Date of appropriation: 2002. How appropriation was initiated: dug out spring. Date water put to beneficial use: 2002. Amount claimed: 0.5 acre feet, CONDITIONAL. Total October 2004 Resume Page 2 of 37 number of acres proposed to be irrigated: 5 in association with Pond #2. Legal description of acreage to be irrigated: SW¼ SE¼ SW¼ S31, T1N, R72W of 6th PM, Boulder County, CO. Surface area of high water line: 0.1 acre. Maximum height of dam: 5 ft. Length of dam: 75ft. Total capacity of reservoir: 0.5+ acre feet. Active capacity: 0.5. Remarks: Storage is from low capacity spring and can then be pumped for distribution. Name of second reservoir: Pond #2 and associated spring Thompson Spring No. 3 adjudicated June 23, 1975. Legal description: SW¼ SW¼ S31, T1N, R72W, 6th PM, Boulder County, CO. Distance from section line: 410 ft from S and 660 ft from W. Source: Thompson Spring No. 3. Date of appropriation: 2002. How appropriation was initiated: Dug next to Thompson Spring No. 3. Date water applied to beneficial use: 2002. Amount claimed: 0.5, CONDITIONAL. Number of acres historically irrigated: 5 sub- irrigated. Total number of acres proposed to be irrigated: 5 in association with Pond #1. SW¼ SE¼ SW¼ S31, T1N, R72W of 6th PM, Boulder County, CO. Surface area of high water line: 0.1 acre. Maximum height of dam: 5 ft. Length of dam: 100 ft. Total capacity of reservoir: 0.5+ acre feet. Active capacity: 0.5. Remarks: Pond stores water from low capacity spring and is distributed by pump. Higher capacity in spring time allows for some gravity irrigation. 04CW260 HUNT FEEDYARD, 14460 WCR 40, Platteville, CO 80651. Telephone: (970) 737- 2437; c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, Co, 80631, (970)356-9160. APPLICATION FOR CHANGE OF WATER RIGHTS, IN WELD COUNTY. 2. Decreed Name of Structures: Strear Wells No. 4-0667 and No.5-0668. 3. Previous Decree: A decree was entered in Case No.
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