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Pursuant to C.R.S., 37-92-302, As

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Pursuant to C.R.S., 37-92-302, As 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 DECEMBER 1998. 1. 98CW226 (90CW130) EAGLE COUNTY - ROARING FORK RIVER. Gary Evans; P.O. Box 28007; El Jebel, CO 81628. Purchard Subdivision Well No. 1 (Permit # 041864F) - Application to Make Absolute a Conditional Water Right. Decreed: December 31, 1981, 81CW098. Location: NW1/4SE1/4 Sec. 27, T. 7 S., R. 88 W., 6th P.M. 1720 feet north of the south sec line and 2460 feet west of the east sec line. Appropriation: June 30, 1978. Amount: 0.055 cfs (25 gpm). Use: domestic and irrigation. The application contains a detailed outline of the work performed for completion of the appropriation and application of the water to beneficial use. (8 pages) 2. 98CW227 APPLICATION FOR SURFACE WATER RIGHTS & STORAGE RIGHTS OF: BUD STRONG FAMILY LLLP IN GARFIELD COUNTY, CO Applicant: Bud Strong Family LLLP c/o John E. Strong P.O. Box 264 Carbondale, CO 81623 970/963-1869 Robert B. Emerson #1123 c/o Robert B. Emerson P.C. Attorney for Applicant 86 S. 3rd St. Carbondale, CO 81623 970/963- 3700 CLAIM NOS. 1 & 2 SURFACE WATER RIGHTS Name of Structures: Strong Spring & Ppl Nos. 1 & 2 Legal desc. of ea pt of divrn: Strong Spring & Ppl Nos. 1 & 2 both located in Sec. 1 T. 7 S., R. 95 W. 6PM Strong Spring & Ppl No. 1 located 500 ft from E. sec line & 300 ft from No. sec. line of said Sec. 1. Strong Spring & Ppl No. 2 located 900 ft from E. sec line & 400 ft from N. sec line of said Sec. 1. Amount claimed for each Spring & Ppl is 0.50 cfs, cond. Source for each spring from separate unnamed trib., trib. to Colorado R. Dates of approp: Aug 14, 1998 How approp. initiated: field investigation w engr & intent to approp. Uses claimed for each spring: irr. of 20 acres in NE¼NE¼ of Sec. 1, t. 7 S., R. 95 W., SE¼SE¼ of Sec. 31, t. 6 S., r. 94 W.and NW¼NW¼ of Sec. 6, T. 7 S. R. 94 W. all 6 PM, livestock & storage in Strong Pond Nos. 1 -3. Owner of land on which water rights are located & used: Applicant CLAIM NOS. 3-5 STORAGE WATER RIGHTS Name of structures: Strong Pond Nos. 1-3. Legal descr. of each place of storage: center of Strong Pond No. 1 located in Sec. 36, T. 6 S., R. 95 W. 6PM, 450 ft form E. sec line & 500 ft form S. sec line of said Sec. 36. Center of Strong Pond No. 2 located in Sec. 6, T. 7 S., R. 94 W. 6PM, 300 ft from W. sec line & 150 ft from N. sec line of said Sec. 6. Center of Strong Pond No. 3 located in Sec. 1, T. 7 S., R. 95 W. 6PM, 900 ft from E. sec line & 200 ft from N. sec. line of said Sec. 1. Source for each pond is from seepage, return flows & runoff trib to unnamed tribs, trib to Colorado R. Strong Spring & Ppl Nos. 1 & 2 will also partially fill said ponds. Date of approp. for each pond: Aug 14, 1998. How approps. initiated: field investigation & intent to approp. Amount claimed: 2.0 AF each, cond. with right to fill & refill in priority. Uses claimed: Irr, stock & fish culture. Irr. in the same areas as irrigated with Strong Spring & Ppl Nos. 1 & 2. Surface area of high water line for each pond 0.25 acres. Max ht of each dam: 10 ft Length of each dam: 300 ft. Total capacity of each pond 2 AF Active capacity: 2 AF Dead storage: none Owner of land on which water rights located & used: Applicant. See Exhibit A attached map. (5 pages) 3. 98CW228 Garfield County - Big Draw Drainage, tributary to Colorado River. James R. & Judy H. Lemon; 6343 Cty Rd 301; Parachute, CO 81635; 970-625-2317; Application for Water Storage, Surface Water, Ground Water Rights and application for Augmentation Plan. First Claim: Storage right for Big Draw Res. The center point of res. is located 300 ft west of the E sec. line and 1350 ft south of the N sec. line of Sec. 6, Tp7S, R94W, 6th PM. Source is springs, seeps, return flow and spring time runoff. Date of appropriation is Aug 1, 1997 by intent to appropriate and a field investigation. Amount claimed is 5 af conditional for the use of storage, irrigation, domestic, stock, wildlife, evaporation losses, fire protection and augmentation purposes with the right to fill and refill in priority. Surface area at high water line is O.502 acres, max. dam height 15 feet, water depth not to exceed 10 feet, length of dam 125 feet, total storage 5 af, active storage 5 af, dead storage 0 af. Second Claim: Surface right for Big Draw Spring and Seep located 300 ft west of E sec. Line and 1500 feet south of N sec. line of Sec 6, Tp7S, R94W, 6th PM. Water source is spring and seeps with appropriation date of May 1, 1915 for livestock and wildlife and Aug 1, 1998 for all other uses. Appropriation was by the actual watering of livestock and wildlife and by intent to appropriate and field inspection. Uses claimed: domestic, storage, irrigation, livestock, wildlife watering, fire protection, evaporation losses and augmentation purposes. Amt. claimed: 0.044 cfs absolute for livestock and wildlife watering and conditional for all other uses. Third claim: Ground water right for Big Draw Wells 1-25 to be located within the boundary of the NE1/4 SE1/4, the SE1/4 NE1/4 of Sec 6 and Lot 4 of Sec 5 all in Tp7S, R94W, 6th PM with exact location determined prior to filing of well permits. Source is ground water within the CO River alluvial. Date of appropriation is Aug. 1, 1998 by intent to appropriate and field inspection. Amt. claimed is 0.033 cfs per well conditional. Uses: domestic in one house, livestock watering for two head and irrigation of not more than 1000 sq. ft. of land. Fourth Claim: Plan of Augmentation. The augmented structures are Big Draw Wells 1-25. Uses to augment are the evaporation losses of Big Draw Res., consumptive uses of 25 family dwellings, watering of 50 head of livestock, and irrigation of 0.573 acres. The domestic water supply for each family dwelling will be individual wells. The 5 af in Big Draw Res. is to be used for augmentation. All out of priority depletions will be stored in Big Draw Res. When the CO River system is on call and any of the above uses are out of priority the necessary amt. of water will be released from Big Draw Res. to satisfy the call. The above priorities could be out of priority in the months of July, Aug, Sept, and Oct. An average of 3.5 persons per household with an average use of 100 gal. per person per day and a 10% consumptive use factor utilizing septic tank and leach fields, and the irrigation consumptive use credit figure of 1.99 af were used to figure depletions. Livestock consume 10 gal. per day with 100% consumption. (5 pages) 4. 98CW229 APPLICATION FOR CHANGE OF WATER RIGHT OF THE TOWN OF FRISCO IN SUMMIT COUNTY. Name, address, and telephone number of applicant: Town of Frisco, c/o Clayton G. Brown, Town Manager, P. O. Box 4100, Frisco, CO 80443-4100, (970) 668-0836, c/o David L. Harrison, James R. Montgomery, Kelly J. Custer, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440. Decreed name of structures for which change is sought: Frisco Town Ditch and Frisco Well No. 5. Previous decrees: The Frisco Town Ditch was originally decreed March 2, 1910 in Case No. 1277, District Court, Summit County, for 7.934 cfs, absolute, with an appropriation date of June 23, 1904. 4.0 cfs of this right was first transferred to a new point of diversion on North Ten Mile Creek in Civil Action No. 1970, District Court, Summit County, and subsequently changed to its present point DECEMBER 1998 RESUME WATER DIVISION 5 Page 2 of diversion in Case No. 81CW035, District Court, Water Division No. 5, on December 15, 1981. The decreed point of diversion for the 4.0 cfs is located on the north bank of North Ten Mile Creek at a point in the SE1/4 NE1/4 of Section 33, Township 5 South, Range 78 West of the 6th P.M. in Summit County, whence the North Quarter Corner of Section 34 bears North 65°27' East 3609 feet distance. The remaining 3.934 cfs of the Frisco Town Ditch water right has been changed to new points of diversion at Frisco Well Nos. 1 through 7 in various water court cases. A portion of the Frisco Town Ditch water right was changed to a new point of diversion at Frisco Well No. 5 in Case No. 81CW115, District Court, Water Division No. 5, on December 6, 1981. The amount changed to the new point of diversion at Well No. 5 was 1.184 cfs. Well No. 5 is located in the NW1/4 SW1/4 of Section 26, Township 5 South, Range 78 West of the 6th P.M., at a point 1920 feet North of the South line and 120 feet East of the West line of said Section 26.
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