DOCSLIB.ORG

1 District Court, Water Division No. 2, Colorado

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
1 District Court, Water Division No. 2, Colorado DISTRICT COURT, WATER DIVISION NO. 2, COLORADO --------------------------------------------------------------------------------------------------------- RESUME OF CASES FILED DURING DECEMBER 2000 --------------------------------------------------------------------------------------------------------- TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications, and certain amendments, filed during December 2000, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: --------------------------------------------------------------------------------------------------------- CASE NO. 97CW108 – HARRY R. WILLIS, BARBARA ANDREATTA, ELIZABETH KREUTZER, THE WILLIS FAMILY LIMITED PARTNERSHIP, c/o 1370 County Road 358, La Veta, CO 81055-9600 and TRAVIS R. CRAWFORD, 4775 Broadlake View, Colorado Springs, CO 80903 (Holly I. Holder and Carrie L. Ciliberto, Holly I. Holder, P.C., Attorneys for Co-Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership, 518 17th Street, Suite 1500, Denver, CO 80202; and James G. Felt and James W. Culichia, Felt, Monson & Culichia, LLC, Attorneys for Co- Applicant Crawford, 319 North Weber Street, Colorado Springs, CO 80903) Third Amended Application for Change of Water Right and Approval of Plan for Augmentation Huerfano County Come now, Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership, by and through their attorneys, Holly I. Holder, P.C., and hereby amend the application filed September 30, 1997, and amended on April 20, 1998 and June 16, 1998 as follows: 1. Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership hereby add Travis R. Crawford as Co-applicant in this matter. As such, Mr. Crawford will seek an Order of the Court withdrawing his Statement of Opposition filed in this case and in Case No. 97CW108(C). 2. Applicants also seek to add the following wells as structures to be augmented: Test Hole 1 Well, located in the E½ of Section 26, Township 28 South, Range 68 West of the 6th P.M. in Huerfano County, Colorado, being 1,183.05 feet west of the east section line and 935.42 feet north of the south section line, as well as any other wells Co-applicants may desire on land owned by Silver Mountain Preserve, Inc., a corporation of which Travis R. Crawford is the president, which land is more particularly described on Exhibit A attached to the Third Amended Application and available for inspection at the Office of the Clerk for Water Division No. 2. 3. All other matters remain the same as shown in the September 1997, April 1998 and June 1998 resumes for Water Division 2. WHEREFORE, Applicant prays that this Court enter a decree for the relief requested in this amended application and for such further relief as the Court deems proper in the premises. 1 (Third Amended Application for Change of Water Right and Approval of Plan for Augmentation, 10 pages) --------------------------------------------------------------------------------------------------------- CASE NO. 99CW178 – KURT H. WESTMAN, 10630 W. Perimeter Road, Suite 100, Ft. Wayne, IN 46809 (Brian M. Nazarenus, Friedlob Sanderson Paulson & Tourtillott, Attorneys for Applicant, 1400 Glenarm Place, Suite 300, Denver, CO 80202-5099) Amended Application for Conditional Appropriative Water Rights, Application for Change of Water Rights, and Amended Claim for Plan for Augmentation Fremont County Kurt H. Westman, acting by and through his attorneys, Friedlob Sanderson Paulson & Tourtillott, LLC, amends his application in the above-captioned case as follows: I. EXPLANATION OF AMENDMENTS In December 1998, Kurt Westman filed an amended application with the Division 2 Water Court for conditional water storage rights in case no. 98CW170. That application seeks to appropriate conditional water storage rights for two small reservoirs for recreation, fish propagation and piscatorial purposes. The application seeks to use water from Banita Creek, a tributary of Howard Creek, which is a tributary of the Arkansas River. A second application was filed by Kurt Westman in December of 1999, seeking approval of a plan for augmentation and conditional appropriative right of exchange in case no. 99CW178. The second application sought to adjudicate an exchange and plan for augmentation for the water rights that are the subject of 98CW170. Kurt Westman has subsequently purchased a senior water right on Howard Creek. This senior right will provide a more reliable water supply for Mr. Westman’s reservoirs. Accordingly, Mr. Westman amends his application in case no. 99CW178 to include a claim for a change of water rights and to enable the use of Mr. Westman’s recently acquired senior water rights as a source of substitute supply in case no. 99CW178. II. AMENDMENTS 1. FIRST CLAIM – Application for Change of Water Rights. 1.1 DECREED NAME AND DESCRIPTION OF WATER RIGHTS FOR WHICH CHANGE IS SOUGHT. The water right sought to be changed is an undivided 0.2 cfs interest out of 1.0 c.f.s. in Howard Creek Priority No. 1 (a.k.a. the Gomer Ditch, Arkansas Priority No. 86), being Ditch No. 95 in the decree of the District Court in and for the County of Fremont, State of Colorado, in the matter of priorities of water rights in Water District No. 12. The appropriation date of the water right is April 1, 1872, and the right was decreed by the Fremont County District Court on February 3, 1894. The water right was historically used for irrigation purposes and the source of the water right is Howard Creek, a tributary of the Arkansas River. The point of diversion of the water right is generally located in the Northeast ¼ of Section 3, Township 48 North, Range 10 East, N.M.P.M. 1.2 ENGINEERING ANALYSIS OF HISTORIC CONSUMPTIVE USE Martin and Wood Water Consultants, Inc., have analyzed the historic consumptive use 2 attributable to the Howard Creek Priority No. 1. Based on diversion records, interviews with the owner of the Howard Creek Priority No. 1, and aerial photography dating back to 1938, Martin and Wood have concluded that the historic consumptive use of the 0.2 cfs purchased by Kurt Westman totaled 8.62 acre feet annually. 1.3 PROPOSED CHANGE The Applicant is the owner of the Trail Ridge Ranch in Fremont County, Colorado. In order to enhance the fishing opportunities on the Ranch, the Applicant is preparing to construct two in- stream ponds on Banita Creek as it passes through the Ranch. Banita Creek is a tributary of Howard Creek, a tributary of the Arkansas River. For purposes of this application, the ponds will be known as “Trail Ridge Pond No. 1” and “Trail Ridge Pond No. 2”. 1.3.1 Trail Ridge Pond No. 1. Trail Ridge Pond No. 1 will have a storage capacity of 0.87 acre-feet and is located at a point where the west abutment of the centerline of the dam is a distance of 670.6 feet from the 1/64 corner of the Northeast ¼ of the Southwest ¼, Section 12, Township 48 North, Range 9 East, N.M.P.M. on a bearing of North 43° 11’15” East. 1.3.2 Trail Ridge Pond No. 2. Trail Ridge Pond No. 2 will have a storage capacity of 0.85 acre-feet and is located at a point where the west abutment of the centerline of the dam is a distance of 232.4 feet from the intersection of the center-lines of the Southwest ¼ and the Southeast ¼ of the Northeast ¼ of Section 12, Township 48 North, Range 9 East, N.M.P.M.. on a bearing of South 81°47’04” West. 1.3.3 Mains Ditch. The point of diversion for the Mains Ditch is located on the west side of Howard Creek in the Northeast ¼ of the Northwest ¼ of Section 13, Township 48 North, Range 9 East, N.M.P.M. The Applicant seeks to change the place and type of use of 0.2 c.f.s. of the Howard Creek Priority No. 1 from the Gomer Ditch to the Trail Ridge Ponds No. 1 and No. 2 for recreation, fish propagation, and piscatorial purposes. In addition to directly storing Banita Creek Water in the ponds under the changed water rights, the Mains Ditch, which diverts water from Howard Creek and delivers it to Banita Creek, may be used to divert water from Howard Creek under the changed water rights in order to fill Trail Ridge Ponds No. 1 and No. 2. Applicant seeks the right to use the consumptive use credit attributable to the changed right as a source of substitute supply for its pending application for an appropriative right of exchange, and for the plan for augmentation described in Section 2 below. Applicant seeks the right to sell or lease excess consumptive use credits beyond those necessary to offset or augment depletions attributable to Trail Ridge Ponds Nos. 1 and 2, subject to filing an application and receiving Water Court approval of the new use. 1.4 PROPOSED TERMS AND CONDITIONS FOR THE CHANGE OF HOWARD CREEK PRIORITY NO. 1 WATER RIGHTS. Water under the Applicant’s 0.2 cfs of Howard Creek Priority No. 1 shall be used to fill and maintain the storage levels of the Trail Ridge Ponds Nos. 1 and 2 under the following conditions: 1.4.1 Diversions. Diversions under the 0.2 cfs of the changed Howard Creek Priority No. 1 shall be operated in priority. 1.4.2 Colorado Water Conservation Board. Diversions shall be made only at times when the flow of Howard Creek exceeds the decreed minimum stream flow water rights of the Colorado Water Conservation Board decreed in case no. 3 80CW073. 1.4.3 Monthly Diversion Rates and Volumes.
Load more

Recommended publications
  • 1 District Court, Water Division No. 2, Colorado
    DISTRICT COURT, WATER DIVISION NO. 2, COLORADO --------------------------------------------------------------------------------------------------------------------- RESUME OF CASES FILED AND/OR ORDERED PUBLISHED DURING DECEMBER 2018 AND INVITATION TO JOIN STATE ENGINEER’S SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST AND/OR THE STATE ENGINEER’S PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST --------------------------------------------------------------------------------------------------------------------- TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications and certain amendments filed and/or ordered published during December 2018, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: --------------------------------------------------------------------------------------------------------------------- CASE NO. 17CW3063 - CITY OF WALSENBURG, 525 South Albert Street, Walsenburg, CO 81089-2296 (Please address all pleadings and correspondence regarding this matter to Applicant’s attorneys: Richard J. Mehren, Jennifer M. DiLalla, Alison I.D. Gorsevski, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Boulevard, Suite 300, Boulder, Colorado 80302; (303) 443-8782) Amended Application for Appropriative Rights of Exchange, Approval of Intersystem Substitution, and Quantification of Reusable
    [Show full text]
  • 1 District Court, Water Division No. 2, Colorado
    DISTRICT COURT, WATER DIVISION NO. 2, COLORADO --------------------------------------------------------------------------------------------------------------------- RESUME OF CASES FILED AND/OR ORDERED PUBLISHED DURING DECEMBER 2017 AND INVITATION TO JOIN THE STATE ENGINEER’S SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST AND/OR PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST --------------------------------------------------------------------------------------------------------------------- TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications and certain amendments filed and/or ordered published during December 2017, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: --------------------------------------------------------------------------------------------------------------------- CONSOLIDATED CASE NOS. 1994CW68, 1994CW69, 1994CW75 - SILVER PONDS PROPERTY OWNERS ASSOCIATION, INC., 7275 Silver Ponds Heights, Colorado Springs, CO 80908 (Please address all correspondence and inquiries to Applicant’s attorney: Henry D. Worley, Worley Law Firm, LLC, 3209 Springridge Drive, Colorado Springs, CO 80906; (719) 634-8330) Application for Change of Water Right IN EL PASO COUNTY 1. Silver Ponds subdivision is located in the N1/2 SW1/4 and the S1/2 NW1/4 of Section 32, T. 12 S., R. 65 W., 6th P.M. The Silver Ponds Property Owners’ Association (“Applicant” or “Silver Ponds”) is comprised of the owners of 23 lots originally intended for residential use and two lots, Lots 1 and 25, intended for commercial use in the Silver Ponds subdivision. As it has turned out, Lot 1 is instead used for a residence. Except for Lot 8, which is vacant, the remaining residential lots are built-out, as is Lot 25, the sole commercial lot.
    [Show full text]
  • Class III Cultural Resource Inventory for the Cucharas Dam Wetland Assessment Project, Huerfano County, Colorado
    Class III Cultural Resource Inventory for the Cucharas Dam Wetland Assessment Project, Huerfano County, Colorado Prepared for Wenck Associates Prepared by SWCA Environmental Consultants October 2016 Contains Privileged Information – Do Not Release Class III Cultural Resource Inventory for the Cucharas Dam Wetland Assessment Project, Huerfano County, Colorado Prepared for: Wenck Associates 1904 East 15th Street Cheyenne, Wyoming 82001 Prepared by: Melanie A. Medeiros and Vanesa Zietz Principal Investigator: Scott Phillips SWCA Environmental Consultants 295 Interlocken Boulevard, Suite 300 Broomfield, Colorado 80021 Phone: 303-487-1183 or Fax: 303-487-1245 www.swca.com State of Colorado Archaeological Permit 2016-47 SWCA Cultural Resource Report No. 16-567 SWCA Project No. 40194 October 10, 2016 CONTAINS PRIVILEGED INFORMATION—DO NOT RELEASE Class III Cultural Resource Inventory for the Cucharas Dam Wetland Assessment Project, Huerfano County, Colorado ABSTRACT Wenck Associates contracted SWCA Environmental Consultants (SWCA) to conduct a cultural resource inventory for the Cucharas Dam No. 5 wetland assessment project in Huerfano County, Colorado. Per the requirements outlined in a Consent Decree dated April 28, 2016, issued by the Colorado District Court, Water Division 2, in regards to Cucharas Dam No. 5, and on behalf of Two Rivers Water & Farming Company (project proponent), Cucharas Dam No. 5 is proposed for breaching and for a channel to be cut through the existing pool sediments to allow water to pass through the Cucharas Reservoir while plans to construct a new dam downstream of the existing dam are completed. The cultural resource inventory was conducted to ensure project compliance regarding historic properties under Title 54 United States Code § 300101 et seq., National Park Service and Related Programs (formerly known as the National Historic Preservation Act [16 United States Code 470]) and its implementing regulations (Title 36 Code of Federal Regulations Part 800), in support of U.S.
    [Show full text]
  • 1 District Court, Water Division No. 2, Colorado
    DISTRICT COURT, WATER DIVISION NO. 2, COLORADO --------------------------------------------------------------------------------------------------------- RESUME OF CASES FILED DURING AUGUST 2005 --------------------------------------------------------------------------------------------------------- TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications, and certain amendments, filed during August 2005, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: --------------------------------------------------------------------------------------------------------- CASE NO. 02CW115 – RON ANDERSON, 4800 North Creek Road, Beulah, CO 81023 (Matthew S. Poznanovic, Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, CO 80202) Amended Application for Water Right and Approval of Plan for Augmentation Pueblo County 2. This amendment seeks to revise the description of the plan for augmentation as follows: “Applicant will use water from Well No. 1 for inhouse commercial use at a retreat center and inhouse residential for separate housing units, for stockwatering and for irrigation of approximately 2500 square feet all in the vicinity of Well No. 1 Applicant will withdraw up to approximately 2.63 acre-feet per year for the inhouse commercial and inhouse residential uses, approximately 0.025 acre-feet per year for stock watering and approximately 0.024 acre-feet per year for the above-described irrigation use, for a total annual withdrawal of up to approximately 2.679 acre-feet per year, at a flow rate of 15 gpm.” 3. In addition to the uses identified in the original application, this amendment seeks to add the following uses to the request for approval of water right: stockwatering and irrigation of approximately 2500 square feet.
    [Show full text]
  • Spring Creek Fire Flood Mitigation 2020 Huerfano County Water Conservancy District Colorado Watershed Restoration January 2020 Board Meeting
    Spring Creek Fire Flood Mitigation 2020 Huerfano County Water Conservancy District Colorado Watershed Restoration January 2020 Board Meeting Program Application DETAIL S Total Project Cost: $1,337,132 Colorado Watershed $668,566 Restoration Program Request: Recommended amount: $500,000 Other CWCB Funding: $0 Other Funding Amount: $668,566 Applicant Match: $0 Project Type(s): Construction Project Category: Flood Hazard Mitigation LOCATIO N County/Counties: Huerfano Measurable Result: Project prioritization, project implementation, project monitoring. Drainage Basin: Arkansas Huerfano County Water Conservancy District (District) is a Title 37 district formed by decree of the District Court in 1971 under the Water Conservancy Act and governed by a diverse five-person board, local residents appointed by that court. The District has a rich history of accomplishment and successful collaboration within the Cucharas watershed, much of it with CWCB funding, including: the Upper Cucharas Pre-Fire Assessment, the Cucharas Basin Storage Collaborative and its studies and projects, the Cucharas/Huerfano River Infrastructure Project (river gages and observation wells), the Upper Cucharas Flood Warning Gages (state-of-the art iridium gages below the burn scar and real-time notifications via satellite), the Cucharas/Huerfano Headgate Restoration Project (diversion structures below the burn scar subject to damage or destruction by post-fire flooding) and, the conduct of the first three phases of Spring Creek flood mitigation during 2019. This proposal is part of a multi-year collaborative recovery program in Huerfano County within and below the 2018 Spring Creek Fire burn scar in the Cucharas River watershed. The focus is the greater Middle Creek drainage upstream of the Town of La Veta.
    [Show full text]