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In the District Court in and for Water Division No IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of December 2008. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: CASE NUMBER: 08CW145. Applicant: Fred Shaw, 1330 Green Hill Road, Franklin, NC 27525. Taeco, LLC, Anthony Smith, Manager, 777 Ute Lane, Gunnison, CO 81230. Application for Surface Water Right: Lauren Elizabeth Spring and Pipeline – SW ¼ NW ¼ of Section 14, T51N, R4E, NMPM. 2,119 feet from the north section line and 1,071 feet from the west section line. Source: Quartz Creek and the Gunnison River. Appropriation date: 08/01/2006. Amount Claimed: 15 g.p.s. (0.033 cfs) conditional for domestic use in a single family dwelling, fire protection, irrigation, lawn, garden and vegetation irrigation and stockwater. GUNNISON COUNTY. CASE NO. 2008CW146. Applicant: Stumpy Creek Ranch, 7554 Juniper St., Arvada, CO 80007. Application for Surface Water Right: Cabin Creek Waste Water Ditch – NE ¼ SW ¼ of Section 24, T48N, R6W, NMPM. 2,000 feet from the south section line and 2,400 feet from the west section line. Source: Cimarron River and the Gunnison River. Appropriation date: 05/20/1973. Amount Claimed: 1.65 cfs absolute for irrigation of 33 acres and stockwater. GUNNISON COUNTY. CASE NO. 2008CW147. CONCERNING THE APPLICATION FOR SURFACE WATER RIGHTS OF ALLEY OOP HOLDINGS, LLC, a Colorado limited liability company, and GENESEE PROPERTIES, INC., a Wyoming corporation, IN SAN MIGUEL COUNTY, COLORADO. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS. I. NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANTS. Alley Oop Holdings, LLC and Genesee Properties, Inc., c/o Nicole Champine, San Miguel Valley Corp., 7800 E. Dorado Place, Ste. 250, Englewood, CO 80111-2306, (303) 220-8330 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEYS FOR APPLICANTS Felt, Monson & Culichia, LLC, Chris D. Cummins, #35154, 319 N. Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212 II. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS A. Alley Oop Diversion No. 1. 1. Name of Structure: Alley Oop Diversion No. 1. 2. Legal Description of Point of Diversion: In the NE1/4 NW1/4, Section 32, Township 43 North, Range 9 West, N.M.P.M., located approximately 1900 feet from the east line and 165 feet from the south line of said Section 32. (See attached Exhibit A Map). 3. Source: Unnamed watercourse tributary to the San Miguel River. This intermittent water source carries primarily stormwater and snowmelt, and at times is substantially dry. Applicants seek to appropriate all such flows within this unnamed gulch at such times when water is available in priority. 4. Date of Initiation of Appropriation: December 2, 2008. 5. Amount Claimed: All flows within the unnamed gulch, estimated at a maximum of 3 c.f.s. during precipitation events, conditional. 6. Uses: Stockwater, wildlife, and fire protection. 7. Remarks: The Alley Oop Diversion No. 1 will divert water into one or more stock ponds to be constructed on the Applicants’ properties of such size as necessary to provide the requested stockwater, wildlife and fire protection uses. All such stock pond structures will be so constructed as to be capable of bypassing and/or releasing any out-of-priority diversions, unless otherwise augmented. The Alley Oop Diversion No. 1 is located and the waters therefrom are used exclusively upon the lands of the Applicants. SAN MIGUEL COUNTY. CASE NO. 2008CW148. Lawrence Zeldenthuis, 42949 D Road, Crawford, CO 81415. Application for Surface Water Right: Zeldenthuis Spring No. 2 – SW ¼ SW ¼ of Section 35, T15S, R91W, 6th PM. 800 feet from the south section line and 800 feet from the west section line. Source: Smith Fork of the Gunnison River. Appropriation Date: 04/30/1985. Amount Claimed: .1 cfs absolute for stockwater. DELTA COUNTY. CASE NO. 2008CW149 (REF NO. 02CW125, 96CW154). Applicant: John R and Edythe L. McCallister, P. O. Box 172, Hotchkiss, CO 81419. Application for Finding of Diligence: BUCKY NO. 1 SPRING – Section 2, T13S, R92W, 6th PM. 400 feet from the south section line and 275 feet from the west section line. Source: North Fork of the Gunnison River. Appropriation Date: 08/08/1996. Amount Claimed: .05 cfs conditional for domestic and stockwater. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2008CW150. MONTROSE AND OURAY COUNTIES APPLICATION FOR RECOGNITION OF APPROPRIATIVE RIGHT OF EXCHANGE 1. APPLICANTS: Tri-County Water Conservancy District, (TCWCD) P.O. Box 347, Montrose CO 81402, 970-249-3369 and Uncompahgre Valley Water Users Association, (UVWUA) P.O. Box 69, Montrose CO 81402, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777 and Victor T. Roushar, P.O. Box 327 Montrose CO 81402, 970-249-4531. 2. NAME OF STRUCTURE: Gunnison Tunnel, South Canal, Ridgway Reservoir. 3. DESCRIPTION OF EXCHANGE: Applicant TCWCD is a political subdivision of the State of Colorado. Applicant UVWUA is a mutual ditch and reservoir company. On June 4, 1991, they entered into an agreement to exchange water from the Gunnison River, delivered through the Gunnison Tunnel, into Ridgway Reservoir. UVWUA is the owner of the Gunnison Tunnel water right. TCWCD is the owner of the Ridgway Reservoir water right. Water imported into the Uncompahgre River Basin is delivered through the UVWUA’s South Canal to Fairview Reservoir, where it is stored and then delivered to Project 7 Water Treatment Authority for treatment and use as potable domestic water by the six contracting entities of Project 7. TCWCD credits all amounts delivered to Fairview Reservoir by UVWUA on an acre-foot for acre-foot basis to UVWUA’s account in Ridgway Reservoir. UVWUA then may ask for releases from Ridgway Reservoir to be taken first from this exchange credit. The maximum historic flow of 87 c.f.s. was reached on November 28, 2007. Applicants intend to divert up to the contracted amount of 200 c.f.s. Applicants request recognition of an exchange of 87 c.f.s. absolute and 113 c.f.s. conditional, with a date of June 4, 1991, for domestic and irrigation uses. 4. LEGAL DESCRIPTION OF AFFECTED REACH: If imported water were not delivered to Fairview Reservoir, it would be delivered through the South Canal to farmlands which would then discharge tail water to the Uncompahgre River, and would be available to senior rights downstream of that point. If water were not stored in Ridgway Reservoir, that water would be available to senior water rights downstream of the Reservoir. Thus, the affected reach is from the confluence of the South Canal and the Uncompahgre River, at UTM coordinates Easting 255380, Northing 4260630, Colorado Central Zone, approximately 445 feet from the east section line and 2584 feet from the south section line, NE1/4NE1/4SE1/4 Section 36, Township 48 North, Range 9 West, N.M.P.M. upstream to the outlet of Ridgway Reservoir, at UTM coordinates Easting 258604, Northing 4235645, Colorado Central Zone, approximately 60 feet from the west section line and 1607 feet from the south section line, SW1/4NW1/4SW1/4, Section 16, Township 46 North, Range 8 West, N.M.P.M. 5. DATE OF APPROPRIATION: June 4, 1991. 6. AMOUNT: 87 c.f.s. absolute and 113 c.f.s. conditional 7. USE: domestic and irrigation 8. SOURCE OF WATER: Gunnison River for the Gunnison Tunnel, Uncompahgre River for Ridgway Reservoir. MONTROSE AND OURAY COUNTIES. CASE NO. 2008CW151. Applicant: Sawtooth Ranch Ent., LTD., C/O Doyle Leslie, 3202 Greenlee Drive, Austin, TX 78703. Application for Water Storage Right: Old Cabin Pond – SW ¼ NW ¼ of Section 23, T46N, R7W, NMPM. 2,119.79 feet from the north section line and 381.41 feet from the west section line. Source: Cow Creek and the Uncompahgre River. Appropriation Date: 11/21/1008. Amount Claimed: 8 acre feet conditional for piscatorial, stockwater and wildlife. OURAY COUNTY. CASE NO. 2008CW152 (REF NO. 04CW70). MONTROSE COUNTY-Big Cimarron River, Tributary to the Gunnison River; 1. Linda Vandehey, c/o Jenna H. Keller, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241- 5500; APPLICATION TO MAKE ABSOLUTE (Kelly’s Ditch); 2. Name of structure: Kelly’s Ditch; 3. Description of conditional water right: a. Original Decree: October 18, 2004 in Division No. 4 Water Court Case No. 04 CW 70; b. Legal description: 1414 feet north of the south section line and 371 feet east of the west section line in the SW¼NW¼SW¼, Section 22, Township 48 North, Range 6 West, N.M.P.M.; c. Source: Big Cimarron River; d. Appropriation Date: May 3, 2004; e. Amount: 1.25 c.f.s.; f. Use: Irrigation of forty acres, domestic use in one single-family residence, and stockwater; 4. Detailed outline of completion of Appropriation: Applicant has constructed and installed the irrigation system to carry the water described in the claim to make absolute. Since installation of the irrigation system Applicant has used the water to irrigate pasture land located on her property. Applicant has expended approximately $5,500.00 toward the completion of the irrigation system to deliver this water; 5. Claim to make absolute: a. Date water applied to beneficial use: June 1, 2008 Amount: 1.25 c.f.s. Use: Irrigation of forty acres and stockwatering; b.
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