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District Court, Water Division 7, Colorado Water

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District Court, Water Division 7, Colorado Water DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME ______________________________________________________________________________ TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of June, 2013, for each county affected. 13CW18 Charles & Marti Saul, 499 CR 310, Durango, CO 81303: Amelias Pump; La Plata County; Florida River; Date of original decree, 8/27/12; Case no. 11CW72; SE1/4NE1/4SW1/4, Section 31, T33N, R9W, NMPM; 1703 feet from South, 2306 feet from West; Northing 4105112, Easting 244958; Zone 13, NAD 83; Florida River tributary to Animas River; Appropriation date, 12/13/11; Irrigation of 6 acres and livestock watering; Date water applied to beneficial use, 5/15/13; Grow grass for 2 horses; Northing 4105102, Easting 244934; Zone 13 APN 595131300083; Work towards completion of project outlined in application; 0.15 cfs Absolute. Application To Make Absolute in Whole or In Part (10 pages) 13CW19 Richard Kremen, 3435 Hwy 160, Mancos, CO 81328: Riffey Ditch; Starvation Creek; La Plata County; Date of original decree, 3-14-03; Case no. 03CW26; NW1/4NE1/4, Section 35, T36N, R12W, NMPM; Starvation Creek, tributary to Cherry Creek to La Plata River; Appropriation date, 4-30- 01; Irrigation and stock storage, no more than 40 acres as shown approximate on Exhibit B of application, stockwater and storage in the undecreed Lapp North Reservoir No 1.; Date water applied to beneficial use, 7-15-03; Northing 4137322, Easting 221562; Zone 13; 399 feet from North, 1633 feet from East; Work towards completion of project outlined in application; 0.50 cfs Absolute. Application to Make Absolute in Whole or in Part (11 pages) 13CW20 Mirrel Kephart, PO Box 236, Pagosa Springs, CO 81147: Maria Ditch Kephart Enlargement; San Juan River; Archuleta County; Northing 31771.6, Easting 4113015.6; UTM, hand- held Magellan-310, accuracy 20 ft.; NW1/4SE1/4, Section 34, T34N, R2W, NMPM; 1500 feet from South, 1600 feet from East; Maria Ditch – diversion from San Juan River; Date of appropriation, 5-1-99; Appropriation was initiated by completing pond (Kephart Pond), requested ditch use, pump installed; Date water applied to beneficial use, 5-1-99; Circulation to Kephart Pond for fish propagation, recreation and freshing flows to pond; Non-irrigation, pond is permitted under permit #051647-F as a pond well, Kephart Pond Well is filled with ground water, Kephart Pond will not be increased in surface area or volume and no surface water will be stored; Point of Diversion from Maria Ditch is on applicant’s property, agreement with Scott Mellina for use of the ditch (Maria Ditch) is attached to application; 0.15 cfs Absolute. Application for Absolute Water Rights (Surface) (9 pages) 13CW3003 District Court, Water Division 7, La Plata County, Colorado, 1060 East Second Avenue, Durango, CO 81301, (970) 247-2304. CONCERNING THE APPLICATION FOR WATER RIGHTS OF DILLON RANCHES, LLLP, in the Animas River or its Tributaries in La Plata County. Applicant: Dillon Ranches, LLLP, PO Box 1773, Durango CO 81302, [email protected] (David Dillon), 970-749-2062, [email protected] (Linda Head), 970-749-9045. Name of structure: Sandco Gravel Pit Type: well, reservoir. Conditional water right (as to each structure) including the following information from previous decree: Date of Original Decree: July 7, 2005, Case No. 04 CW 59, Court: 6th Judicial District. Subsequent decrees awarding findings of diligence: Date of Decree: June 13, 2007, Case No. 06 CW 59, Court: 6th Judicial District. Legal description: NW1/4NW1/4, Section 14, Township 36 North, Range 9 West, N.M.P.M., being approximately 350 feet from the North section line and 550 feet from the West section line. Street Address: 691 County Road 252, Durango, Colorado, aka Sandco Pit. See Application for map and legal description which describe the entire 44 acres to be irrigated and the remaining 4.2 acres to be irrigated after the gravel operation has been completed. Source of water: Animas River. Appropriation Dates: March 7, 2003 and December 7, 2005. Amount: 123 acre feet/350 g.p.m. Use: Industrial for a gravel pit mining operation due to interception of ground water, pursuant to C.R.S. §37-90-137(2) and (11), and for irrigation. In case 06CW59 additional uses for the pit, also referred to as the pond, were made for recreation, piscatorial, livestock watering, and fire prevention. In addition, wildlife watering and aquatic life are also applied for as incidental to the other beneficial uses. Depth of Well: 35 feet. Original Well Permit No. 59213-F, replaced by Well Permit No. 64853-F. Work done toward completion: The Sandco Gravel Pit started excavation in approximately March of 2003. The Pit has been expanded to approximately 23.5 surface acres feet of water, at an average depth of approximately 14 feet. The Gravel Pit is an ongoing business, currently being leased to Elam Construction Co., dba Sandco, Inc. To date, the Applicant has irrigated approximately 1.75 acres on a 40 foot slope along the existing perimeter, to date, of the excavated Pit area. As stated in the previous two cases, land use permits have been obtained in La Plata County to extract gravel. In addition, the Applicant has received a permit from the Division of Reclamation, Mining and Safety for this Gravel Pit. By the 2006 Decree, as referenced above, Applicant sought additional uses for the pond. Since that time, the Pit has been stocked with fish; used for recreational purposes, livestock and wildlife watering; and other aquatic uses of the pond have occurred. Pursuant to both of the aforesaid Decrees, the amount of water sought for Absolute Water rights is set forth below. The request for Conditional Water rights for the Gravel Pit operation will amount to approximately 51 acre feet. For additional Conditional Water rights for irrigation around the perimeter of the pit is 4.14 acre feet. As previously stated, when the Pit is completed, it will take approximately 7.1 acre feet of water to irrigate around the perimeter of the pit, being approximately 4.2 acres. The Applicant has employed legal and engineering services to achieve completion of the water right sought to date for both Absolute and Conditional. Claim to make absolute in whole or in part: Date water applied to beneficial use: March 7, 2003 through the date of this Application. Amount: 72 acre feet. Use: Gravel pit water evaporation loss, and the additional uses of recreational, piscatorial, livestock and wildlife watering, aquatic life, and fire prevention, plus 2.96 acre feet for irrigation of 1.75 acres of perimeter slope around the edge of the pit/pond. Legal Description: County of La Plata, NW1/4 of the NW1/4, Section 14, Township 36 N, Range 9 W, N.M.P.M., Distance from section lines: 350 Feet from N, and 550 Feet from W. Street Address: 691 County Road 252, Durango, CO 81301. The Well and Reservoir are on the Applicant’s property. Therefore, there are no other landowners who will be affected by this. Remarks: In order to avoid any confusion as to the appropriation dates, there are two different dates: 1) For the water rights of 123 acre feet/3509 g.p.m.,for the pit and the irrigation of the 4.2 acres for the slope around the perimeter of the pit of 7.1 acre feet, the appropriation date is March 7, 2003, per Case No. 04CW59; 2) For the additional water right uses for recreation, pastoral, livestock watering, fire prevention, wild life watering, and aquatic life, the appropriation date is December 7, 2005, per Case No. 06CW59. No additional amount of water was sought for these additional uses. Attorney: Frank J. Anesi, Reg. 1365, Attorney for Applicant, P. O. Box 2185, Durango, CO 81302, (970) 247-9246. (5 pages) 13CW3004 District Court, Water Division No. 7, Colorado, 1060 East Second Avenue, Durango, Colorado 81301, (970) 247-2304. CONCERNING THE APPLICATION FOR CHANGE OF WATER RIGHTS OF JOHN M. PARKINSON in the Animas River or its Tributaries, in La Plata County. Applicant: John M. Parkinson, 11922 County Road 240, Durango, CO 81301, [email protected], 970-385-6910, 970-749-4471. Decreed water right for which change is sought: Name of structure: Pennington-Conway Ditch. Date of original and all relevant subsequent decrees: November 8, 1923, Case No. 1751, District Priority 96, Tributary Priority F-20, La Plata County, Colorado. Description: At a point in the Southwest Quarter of the Northwest Quarter of Section Thirty- Six (36), Township Thirty-Six (36) North, Range Eight (8) West, N.M.P.M., whence the Northwest corner of Section Thirty-Six (36) bears North 45º 2’ West, 3,415 feet. Decreed source of water: Tributary to Florida River, Tributary to Animas River. Appropriation Date: May 15, 1886. Total amount decreed to structure: Absolute 0.50 c.f.s. Decreed use: Irrigation. Amount of water Applicant intends to change: Absolute 0.033 c.f.s. Detailed description of proposed change: Applicant owns 0.033 (2/60) c.f.s. of District Priority No. 96, Tributary No. 20, District No. 30. It would be more efficient use of Applicant’s water to move the point of diversion downstream approximately 1300 feet to a metered pump adjacent to the Applicant’s cabin, as shown on the drawing attached to the Application. The purpose is to irrigate a garden, lawn, plants and trees consisting of an area of approximately 14,000 sq.ft.
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