DIVISION 5 WATER COURT- JULY 2018 RESUME 1. 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 JULY 2018. 18CW11 (CA 1277) SUMMIT COUNTY. CATARACT CREEK, A TRIBUTARY OF THE BLUE RIVER, TRIBUTARY TO THE COLORADO RIVER. Knorr Lakeside Ranch, LLC c/o Helen Keim; 5234 C.R. 30; Silverthorne, CO 80498 (970)724-3500 and Karen Foster; 4377 Espirit Dr., Ft. Collins, CO 80524 (970)214-9290. Application for Simple Change in Point of Diversion- Cataract Creek No. 2 Ditch to Westlake Ditch. Cataract Creek No. 2 Ditch-UTM: E389916 N4412763 Z13 SW¼SW¼ of Sec. 19, T.2S, R.79W. of the 6th P.M. 701 ft. from the south sec. line and 613 ft. from west sec. line. Amount: 2.0 c.f.s., absolute. Westlake Ditch – E389919 N4412670 Z13 SW¼SW¼ of Sec. 19, T.2S, R.79W. of the 6th P.M. 397 ft. from the south sec. line and 627 ft. from the west sec. line. Amount: 16.07 c.f.s., absolute. Appropriation and use for both structures: June 1, 1889, irrigation. Applicant requests a simple change in point of diversion pursuant to C.R.S. § 37-92-305(3.5) to change the decreed point of diversion for the water rights associated with Cataract Creek No. 2 Ditch to the Westlake Ditch point of diversion. The lands to be irrigated, through the use of a lateral off of the Westlake Ditch, are the same lands historically irrigated under Cataract Creek No. 2 Ditch and include pasture/meadows below the Knorr house, the barnyard and corrals. There are no intervening water rights situated on Cataract Creek between the points of diversion for the Cataract Creek No. 2 Ditch and the Westlake Ditch. Applicant proposes to install a measurement flume in the proposed lateral. An outline of the history of the water rights decreed to the Westlake Ditch is included in the application. No change is proposed to the existing water rights decreed for Westlake Ditch. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2018 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. 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 JULY 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3097 PITKIN COUNTY, COLORADO, Application for a Simple Change in Surface Point of Diversion Pursuant to C.R.S. § 37-92-305(3.5) or, in the Alternative, for a Correction for an Established but Erroneously Described Point of Diversion Pursuant to C.R.S. § 37-92-305(3.6). Applicant: Crystal River County Estates Water Company, c/o Kelcey C. Nichols, Wood Nichols, LLC, 201 Main St. Suite 301, Carbondale, CO 81623, (970) 963-3800 and Peter D. Nichols, Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302, 303-402-1600, [email protected]. Name of structure: Johnson Ditch. Type: Ditch/Spring. Date of Original Decree: October 24, 1952. Case No.: 4033, District Court, Garfield County, Colorado. Legal description: The headgate is located on the Northerly bank of Johnson Gulch, at a point whence the quarter corner between Sections 9 and 10, Township 9 South, Range 88 West, 6th P.M., bears N 15° 30’ E 3795 feet. Decreed source of water: Johnson Gulch, a tributary of the Crystal River. Appropriation date: June 12, 1910. Total amount decreed to structure: 3.3 c.f.s. absolute. Decreed uses: Irrigation, domestic and other beneficial uses. Amount of water decreed: 3.3 c.f.s. absolute. Location of the new or corrected surface point of diversion: A point in the SE1/4 NE1/4 of Section 16, Township 9 South, Range 88 West of the 6th P.M., at a point 1,535 feet from the north section line and 465 feet from the east section line of said Section 16 (UTM X = 308918.48, UTM Y = 4350534.82). Land Ownership: U.S. Forest Service. The Application contains a detailed description of the proposed change in point of diversion. The change in diversion point will not cause an enlargement of the historical use associated with the Johnson Ditch water right. Applicant seeks a decree changing the point of diversion. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2018 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. 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 JULY 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3098 GARFIELD COUNTY. Application for Finding of Reasonable Diligence. Applicant: Timothy G. Smith and Shannon L. Lochnikar-Smith, 1225 County Road 226, Rifle, Colorado 81650. Attorney for Applicant: John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. Prior Decree: Case No. 2011CW189, July 8, 2012. Name of Structure: Whiskey Gulch Spring. Source: an unnamed tributary to Dry Rifle Creek, tributary to East Rifle JULY 2018 RESUME WATER DIVISION 5 PAGE 2 Creek, tributary to Rifle Creek, tributary to the Colorado River. Location: NE¼SE¼ of Section 3, Township 5 South, Range 92 West of the 6th P.M., 2,652 feet from the South section line and 1,385 feet from the East section line. Uses: irrigation (3 acres direct irrigation and 6 acres supplemental irrigation), stock watering, wildlife use consistent with a pond and piscatorial purposes, all conditional. Appropriation Date: September 15, 2009. Quantity: .200 c.f.s. Applicant requests a finding of reasonable diligence for the conditional rights decreed to the Whiskey Gulch Spring. The application contains a detailed description of the work performed during the diligence period. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2018 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. 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 JULY 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3099 (12CW14, 04CW171) McCullough Gulch Reserve Lot Owners’ Association, c/o Angela Abeler, 9249 South Broadway Boulevard, Suite 200-164, Highlands Ranch, CO 80129, Phone Number: 303-339-0188, E-Mail: [email protected]. Attorneys: Peggy E. Montaño and Michael A. Kopp of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: 303-861-1963, E-mail: [email protected] and [email protected]. CONCERNING THE APPLICATION FOR WATER RIGHTS OF McCULLOUGH RESERVE LOT OWNERS’ ASSOCIATION, IN THE BLUE RIVER OR ITS TRIBUTARIES, IN SUMMIT, COUNTY, COLORADO. 1. Name, Address, Telephone Number, and E-mail of Applicant: See above. 2. Names, Locations and Description of Conditional Water Rights: A. McCullough Gulch Reserve Well No. 5. i. Original Decree: Case No. 04CW171, Water Division No. 5 (February 22, 2006). ii. Diligence Decree(s): Case No. 12CW14, Water Division No. 5 (July 8, 2012). iii. Legal description: McCullough Gulch Reserve Well No.