1. law, govt and politics

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 August, 2014.
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:
There has been filed in this proceeding a claim or claims which 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 as provided in the Water Right Determination
and Administration Act of 1969, or be forever barred. “THERE HAS BEEN FILED IN
THIS PROCEEDING A CLAIM OR CLAIMS WHICH 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
AS PROVIDED IN THE WATER RIGHT DETERMINATION AND ADMINISTRATION
ACT OF 1969, OR BE FOREVER BARRED.”
CASE NO. 2014CW39. Ed Hice, 21576 Hice Road, Austin, CO 81410. Tongue Creek
Orchard, 21025 Orchard Valley Road, Eckert, CO 81418, Karen Hertzg-Foster, P. O.
Box 5685, Eagle, CO 81631. Application for Absolute Storage Water Right: Womack
No. 1 Reservoir: NE1/4 of Section 14, T12S, R95W, 6th P.M. 1,300 feet from the north
line and 1,100 feet from the east section line. Source: Gunnison River. Appropriation
Date: 09/29/1954. Amount Claimed: 59.3 acre-feet absolute for irrigation of 440 acres.
DELTA COUNTY.
CASE NO. 2014CW40 (REF NO. 08CW8). Applicant: Edward Walker, 13302 66.25
Road, Montrose, CO 81401. Application for Finding of Diligence and To Make Absolute:
Lady T Spring – NW1/4SW1/4SW1/4 of Section 8, T47N, R3W, NMPM. 1,073 feet north
of the south line and 509 feet east of the west section line. Source: Lake Fork of the
Gunnison River. Appropriation Date: 01/25/2008. Amount Claimed: 0.022 cfs
absolute for domestic and conditional for irrigation of one half acre and stockwater. The
Application on file with the Water Court contains an outline of the work performed during
the diligence period. GUNNISON COUNTY.
CASE NO. 2014CW41. Applicant: Gary Stephens, 18846 6495 Road, Montrose, CO
81403. Application for Absolute Surface Water Right: Canaan Spring – SW1/4NW1/4 of
Section 21, T48N, R9W, N.M.P.M. 1,987 feet from the north line and 427 feet from the
west section line. Source: Dolores Creek, Uncompahgre River. Appropriation Date:
08/15/2013. Amount Claimed: 50 g.p.m. absolute for wildlife use and to fill Canaan
Ponds 1, 2 and 3. MONTROSE COUNTY.
CASE NO. 2014CW42. Applicant: Larry and Michelle Jensen, 3497 Stearman Lane,
Crawford, CO 81415 and Patsy R. Bennett, 37102 Grandview Mesa Road, Crawford,
CO 81415. Application for Absolute Surface Water Right: Four Corner Ditch –
NW1/4NE1/4 of Section 34, T15S, R92W, 6th P.M. 175 feet from the north line and
1,338 feet from the east section line. Source: Alum Gulch, North Fork of the Gunnison
River. Appropriation Date: 06/21/1993. Amount Claimed: 2.60 c.f.s. absolute for
irrigation of 104 acres and stockwater. DELTA COUNTY.
CASE NO. 2014CW43 (REF NO. 08CW42). Applicant: The Peter McCarville, 41888
Cottonwood Creek Road, Crawford, CO 81415. Application for Finding of Reasonable
Diligence: Peter’s Spring – NE1/4NW1/4NE1/4 of Section 29, T15S, R91W, 6th PM. 6
feet south of the north line and 1,344 feet west of the east section line. Source: North
Fork of the Gunnison River. Appropriation Date: 04/09/2008. Amount Claimed: 0.033
c.f.s. conditional for domestic use in one single-family dwelling, the irrigation of one acre
and wildlife. The application on file with the Water Court contains an outline of the work
performed during the diligence period. DELTA COUNTY.
CASE NO. 2014CW44 (REF NO. 08CW27). Applicant: Kelly Cox, 1156 1200 Road,
Delta, CO 81416. Application for To Make Absolute: Coxwolds Ditch No. 1 –
SW1/4NE1/4NE1/4 of Section 20, T51N, R11W, NMPM. 1,238 feet from the north line
and 986 feet from the east section line. Source: Buttermilk Creek and the Gunnison
River. Appropriation Date: 02/23/2008. Amount Claimed: 2.00 c.f.s. absolute for
irrigation of 80 acres and stockwater. The Application on file with the Water Court
contains an outline of the work performed during the diligence period. DELTA
COUNTY.
CASE NO. 2014CW45 (REF NO. 2008CW20, 99CW240). Elizabeth Kuehn, 4149
County Road 23, Ridgway, CO 81432. Application for Finding of Reasonable Diligence:
Manusco Spring - Section 27, T45N, R8W, NMPM, 56.19 feet north of the south line and
56.19 feet east of the west section line. Source: Uncompahgre River. Appropriation
date: 12/16/1999. Amount Claimed: 0.55 c.f.s. conditional for irrigation of 22 acres.
The Application on file with the Water Court contains an outline of the work performed
during the diligence period. OURAY COUNTY.
CASE NO. 2014CW3059 (REF NO. 06CW7, 99CW25, 92CW125, 86CW137, 82CW276,
W-53(78) W-53 (74), W-572, W-53, CA4808). MONTROSE COUNTY. Applicant: The
Estate of William P. Coppfer, Attn: David B. Coppfer/Christana Elliott, Personal
Representative, 11660 Antler Trail, Littleton, CO 80127. Application for Finding of
Reasonable Diligence: Long Park Ditch (headgates 1 through 5). Source: Cottonwood
Creek, which is tributary to Roubideau Creek, which is tributary to the Gunnison River.
Appropriation Date: December 10, 1958. Amount Claimed: 9.25 cfs CONDITIONAL.
Use: Irrigation and domestic; Irrigation of 320 acres as shown on attached map. The
diligence period was May, 2007 through May, 2013. The diligence period was extended
through August, 2014 by Water Clerk’s Notice. William P. Coppfer passed away on
November 3, 2008, but prior to his death he hired the undersigned to complete an
appeal he had begun with respect to the ruling of May 10, 2007 in Case No. 06CW7
regarding stock watering as a permitted use. That dispute was resolved by agreement,
but Mr. Coppfer spent approximately $2,000.00. After Mr. Coppfer’s death, his Estate
incurred various expenses to determine the extent and status of this ranch, which
includes this water right. The Estate or the heirs consulted with attorneys and
knowledgeable contractors to maintain the ditch. In particular, there is an area known as
the “coffee pot” where the land is too porous for a ditch and temporary piping has to be
used to get water through this area. The Estate is getting bids for the installation of
above 8,000 linear feet of pipe which require some Estate assets to be liquidated. This
effort has costs above $1,800.00 to date. In addition, the ditch has been cleared and
repairs made by contractors, twice in the past six years at a cost of $3,500.00. Finally,
the ditch crosses BLM lands and a federal permit is required. The Estate had to obtain
an amendment to the August 21, 1959 right-of-way to remove the 50 year term since
such limitation is void and a corrective decision was handed down on May 6, 2009.
Names and addresses of owners of land: The Estate of William P. Coppfer, c/o David B.
Coppfer, 11660 Antler Trail, Littleton, CO 80127. MONTROSE COUNTY
CASE NO. 2014CW3060 (REF NO. 08CW28). 34879 Powell Mesa Road, LLC, Attn:
Gayle Nosal, General Partner, 34 Enchanted Way, Bar Harbor, ME 04609, (207) 2884369, c/o Leah K. Martinsson and Rebecca J. Rigo, Berg Hill Greenleaf & Ruscitti LLP,
1712 Pearl Street, Boulder, Colorado 80302, (303) 402-1600. IN THE MATTER OF
THE APPLICATION FOR A FINDING OF REASONABLE DILIGENCE of 34879 Powell
Mesa Road, LLC IN THE GUNNISON RIVER, IN DELTA COUNTY. 2. Description of
Conditional Storage Water Right: A. Name of structure: Bolton Pond. B. Date of
Original Decree: July 25, 2008, in Case No. 08CW28 (Water Div. 4). C. Location: The
decreed location for the Bolton Pond storage right is located 1316 feet east of the west
section line and 459 feet south of the north section line, NE1/4-NW1/4-NW1/4, Section
20, Township 14 South, Range 92 West, 6th P.M. D. Source: Jay Creek, tributary to
the Gunnison River. E. Appropriation Date: March 6, 2008. F. Amount: 5.0 acre-feet,
conditional. a. Dam Height: less than ten feet; b. Dam length: approximately 150
feet; c. Total surface area: approximately 1 acre. G. Use: Irrigation of 4 acres, fish
culture, stockwater, and fire protection. H. Land ownership information: Applicant. 3.
Previous Findings of Reasonable Diligence: Since entry of the original decree in Case
No. 08CW28, no diligence filing has been required and none have been made. 4.
Application for Finding of Reasonable Diligence. In the interval of time since this Court’s
entry of the decree in Case No. 08CW28, the following specific work has been
performed related to the development of the Bolton Pond and the beneficial use of the
subject storage water right in connection therewith: A. Estimates for the cost of
excavating the Bolton Pond have been obtained. B. Flow tests of water have been
conducted to confirm that the stream flow in Jay Creek is sufficient to fill the Bolton
Pond. C. Tree mitigation and Russian Olive eradication have been undertaken to
prepare the site of the Bolton Pond for construction. D. Overall planning and
development of the property and associated water rights have continued throughout the
diligence period. This has included adjudication of the exempt wells permitted on the
property and making absolute the Jay Creek Ditch-Bolton enlargement water right. E.
Expenditures for the above-described activities during the diligence period have
exceeded thousands of dollars. WHEREFORE, Applicant prays this Court enter a
decree that Applicant has exercised reasonable diligence in the development of the
Bolton Pond storage water right described above and continuing all portions of water
right in full force and effect. (Application 4 pages). DELTA COUNTY.
14CW3061. Application For Surface Water Right (Absolute). Name, Address,
Telephone Number of Applicants. Jackie Dean Jackson and Beverly Sue Ann Jackson,
11603 FM 2190, Jacksboro, TX 76458, 940-567-2342. Please direct all correspondence
to the counsel for Applicants: Law of the Rockies, Kendall K. Burgemeister, Atty Reg.
#41593, 525 North Main Street, Gunnison, CO 81230, Telephone: (970) 641-1903,
[email protected]. Structure: GLADIATOR PIPELINE. Point of
Diversion: A point in the SW1/4SW1/4NW1/4 of Section 15, Township 43 North, Range
4 West, NMPM, approximately 2500 feet from the north section line and 400 feet from
the west section line, on the General Sherman Lode Mining Claim (Survey No. 1008,
Lake Mining District). Source: The source is a tributary of the Lake Fork Gunnison River,
tributary to the Gunnison River. The tributary is not named on readily available maps,
including CDSS Map Viewer and AquaMap. Amount: 3 gallons per minute. Use:
domestic use inside a single family dwelling, and domestic irrigation of no more than
1000 square feet of landscaping. Date of Appropriation: June 1, 1997. How
Appropriation was initiated: Diversion and application of water to beneficial use. Date
water applied to beneficial use: June 1, 1997. The point of diversion is illustrated on the
map attached as Exhibit A to the Application on file with the District Court, Water
Division 4. The land upon which any new diversion or storage structure, or modification
to any existing diversion or storage structure is or will be constructed or upon which
water is or will be stored, including any modification to the existing storage pool, is
owned by Applicants. HINSDALE COUNTY.
CASE NO. 2014CW3062 (REF NO. 06CW200). GUNNISON COUNTY. ANTRHACITE
CREEK. Bear Ranch LLC, c/o Patrick, Miller, Kropf & Noto, P.C., Paul L. Noto, Esq. and
Danielle L. Van Arsdale, Esq., 197 Prospector Drive, Suite 2104A, Aspen, CO 81611,
(970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First
Claim: For Finding of Reasonable Diligence. Name of structure: JDL House Spring
No. 1. Description of conditional water right: Original decree: August 20, 2008, Case No.
06CW200, Division 4 Water Court. Subsequent decrees: N/A. Legal description: SE ¼,
NE ¼, SE ¼, Section 2, Township 13 South, Range 89 West, 6th P.M., approximately
601 feet west of the east section line and 1,384 feet north of the south section line
(Gunnison County). Source: Anthracite Creek, tributary to the North Fork of the
Gunnison River and the Gunnison River. Appropriation date: October 8, 2006. Amount
and use: 0.026 c.f.s. (12.0 g.p.m.) Use: Domestic. A detailed outline of work toward
completion of the appropriation and application of water to a beneficial use, including
expenditures is on file with the Court. Name and address of owner of land on which the
structure is located and upon which water is or will be placed to beneficial use:
Applicant. Second Claim: For Finding of Reasonable Diligence. Name of structure:
JDL Barn Spring No. 1. Description of conditional water right: Original decree: August
20, 2008, Case No. 06CW200, Division 4 Water Court. Subsequent decrees: N/A. Legal
description: NW ¼, SE ¼, SE ¼, Section 2, Township 13 South, Range 89 West, 6th
P.M., approximately 912 feet west of the east section line and 1,028 feet north of the
south section line (Gunnison County). Source: Anthracite Creek, tributary to the North
Fork of the Gunnison River and the Gunnison River. Appropriation date: October 8,
2006. Amount and use: 0.022 c.f.s. (10.0 g.p.m.) Use: Domestic. A detailed outline of
work toward completion of the appropriation and application of water to a beneficial use,
including expenditures is on file with the Court. Name and address of owner of land on
which the structure is located and upon which water is or will be placed to beneficial use:
Applicant. GUNNISON COUNTY.
CASE NO. 2014CW3063 (REF NO. 81CW307, 94CW92, 01CW124, 99CW217,
08CW14). Applicant: City of Gunnison, a Colorado municipal corporation, Ken
Coleman, City Manager, P.O. Box 239, Gunnison, Colorado 81230, c/o Timothy J.
Beaton and Anne D. Bensard, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box
1440, Boulder, Colorado 80306. Application for Finding of Reasonable Diligence: City of
Gunnison Well Nos. 10, 11, 12, and 13 (“Gunnison Wells”). Description of conditional
water rights: Original decree: On November 30, 1988 in Case No. 81CW307, the
conditional water rights for the Gunnison Wells were decreed with a priority date of
December 22, 1981 in the amount of 1.11 cfs per well, conditional. Subsequent
decrees: The water rights for the Gunnison Wells were continued in full force and effect
in Case No. 94CW92 by entry of a decree dated July 17, 1995. A change in location of
Well No. 10, 1.11 cfs conditional, was granted by the Court in Case No. 99CW217 by
entry of a decree dated May 25, 2000. The decree in Case No. 01CW124, entered
February 26, 2002, continued the water rights for Gunnison Well Nos. 11, 12 and 13 in
the amount of 1.11 cfs per well and for Gunnison Well No. 10 in the amount of 0.222 cfs.
Gunnison Well No. 10 was made absolute in the amount of 0.888 cfs in Case No.
01CW124. The decree in Case No. 08CW14, entered August 14, 2008, continued in full
force and effect the water rights for Gunnison Well Nos. 11, 12, and 13 in the amount of
1.11 cfs per well and for Gunnison Well No. 10 in the amount of 0.222 cfs. Well Permits:
Well No. 10: 053045-F, issued December 21, 1999. Well No. 11: N/A. Well No. 12: N/A.
Well No. 13: N/A. Legal descriptions: Well No. 10 is located 60 feet from the South
section line and 70 feet from the East section line in the SE1/4 of the SE1/4 of Section
26, Township 50 North, Range 1 West, N.M.P.M., Gunnison County, Colorado. Well No.
11 is located 1,350 feet South of the North Section line and 2,700 feet West of the East
Section line of Section 35, Township 50 North, Range 1 West, N.M.P.M., Gunnison
County, Colorado. Well No. 12 is located 2,650 feet North of the South Section line and
2,350 feet East of the West Section line of Section 35, Township 50 North, Range 1
West, N.M.P.M., Gunnison County, Colorado. Well No. 13 is located 1,850 feet East of
the West Section line and 2,000 feet South of the North Section line of Section 36,
Township 50 North, Range 1 West, N.M.P.M., Gunnison County, Colorado. A map
depicting the approximate locations of the Gunnison Wells is attached to the application
as Exhibit A. Source: Groundwater tributary to the Gunnison River. Appropriation
Date: December 22, 1981. Amounts: Well No. 10: 0.222 cfs, CONDITIONAL, 0.888
cfs, ABSOLUTE. Well No. 11: 1.11 cfs, CONDITIONAL. Well No. 12: 1.11 cfs,
CONDITIONAL. Well No. 13: 1.11 cfs, CONDITIONAL. Uses: Municipal purposes,
including without limitation, domestic, commercial, industrial, irrigation and fire
prevention purposes. Outline of work and expenditures during the diligence period
toward completion of appropriation and application of water to beneficial use: Gunnison
Well Nos. 10-13 are part of Gunnison’s integrated water system. During the six-year
period that began in August 2008, Gunnison has worked diligently to develop the
Gunnison Wells as part of its integrated water system, as demonstrated by the following
activities: Gunnison continues to make improvements to the Van Tuyl Ranch, which is
the location of Gunnison Well No. 10 and certain other water rights owned by Gunnison.
Gunnison continues to improve the well recharge area where the Gunnison Well No. 10
diversion point exists. Gunnison owns and operates the working Van Tuyl Ranch to
achieve groundwater recharge by utilizing the property as irrigated hay meadow.
Gunnison has expended approximately $427,469 to rehabilitate and maintain structures
that are used to divert and put to use the water rights that comprise its municipal water
system. For example, Gunnison expended funds to make improvements to the Whipp
Ditch and Piloni Ditch, including construction of six metal control structures, and to the
CR 13 road crossing to control the irrigation water on the Van Tuyl Ranch. Gunnison
also does yearly maintenance on its ditches, such as cleaning, re-lining, and tree and
beaver dam removal, as well as yearly maintenance and rehabilitation on the wells in its
municipal water system. Gunnison expended approximately $15,923 in legal and
related fees arising from filing applications in Water Court for findings of reasonable
diligence and to change its water rights. Gunnison expended approximately $80,297 in
legal and related fees in connection with filing statements of opposition to Water Court
cases and other projects undertaken for protection of its water rights, including the
Gunnison Wells that are the subject of this application. Remarks: Gunnison does not
seek to make any additional amounts of the Gunnison Wells absolute at this time.
Names and addresses of owner(s) of the land upon which any new diversion or storage
structure, or modification to any existing diversion or storage structure is or will be
constructed, or upon which water is or will be stored: Well No. 10:
N/A - the City
of Gunnison. Well No. 11: Richard S Jackson, 714 N. Pine Street, Gunnison, CO 81230.
Well No. 12: William Knowles et al. PO Box 301, Gunnison, CO 81230. Well No. 13:
Dillon Real Estate Co, Inc., 1014 Vine Street, Cincinnati, OH 45202-1141. GUNNISON
COUNTY.
CASE NO. 2014CW3064 (REF NO. 06CW256). APPLICATION TO MAKE ABSOLUTE
SURFACE WATER RIGHTS AND CONDITIONAL STORAGE RIGHTS, in San Miguel
County. Applicant: John Friedman, P.O. Box 8564, Emeryville, CA 94662, (510) 406-0474;
c/o Jennifer Russell, Russell & Pieterse, LLC, P.O. Box 2673, Telluride, Colorado 81435,
(970) 728-5006.
I. EAST BEAVER POND SPRING. Legal description of point of diversion:
Required Southeas Southwest Section
Township
Range
Principal
Descripti t 1/4 of 1/4
24
42N
10W
Meridian
on:
the
N.M.P.M.
San
Miguel
County
Distance from section lines (section lines are typically not property lines)
275 Feet from the North section line and 2613 Feet from the West section line of Section
24
GPS location information in UTM format.
Were
points
Northing 4196591
Easting 243097
averaged? Yes
Zone 13
Source: Spring tributary to the San Miguel River. The East Beaver Pond Spring is actually a
series of small springs that sheet flow into East Beaver Pond. The amount claimed is an
aggregation of all of the springs. Appropriation date: August 24, 2004. Amount: 0.5 c.f.s.
Beneficial uses: Irrigation, wildlife habitat, piscatorial, domestic, and fire protection. The
East Beaver Pond Spring is used for such beneficial uses both directly and following storage
in East Beaver Pond and also is used to replace evaporative loss from the pond. Irrigation
use is for 30 acres located in the SE1/4 of the SW 1/4, Section 24, T42N, R10W, N.M.P.M.,
San Miguel County, Colorado. II. SUNSHINE FEN SPRING. Legal description of point of
diversion:
Required
Southeas Southeast Section
Township
Range
Principal
Description:
t 1/4 of 1/4
23
42N
10W
Meridian
San Miguel the
N.M.P.M
County
.
Distance from section lines (section lines are typically not property lines)
316 Feet from the South section line and 54 Feet from the East section line of Section 23
GPS location information in UTM format.
Were
points
Northing 4196639 Easting 242285
averaged? Yes
Zone 13
This spring may also be known as North Spring(s). Source: Springs tributary to the San
Miguel River. Appropriation date: August 24, 2004. Amount: 0.5 c.f.s. Beneficial uses:
Irrigation, wildlife habitat, piscatorial, domestic, and fire protection. Irrigation of 30 acres
located in the SW1/4 of the SW 1/4, Section 24, T42N, R10W, N.M.P.M., San Miguel County,
Colorado. III. VANDERVEER DITCH. Legal description of point of diversion: A point on
the west bank of Sunshine Creek in the Southeast Quarter of the Northwest Quarter, Section
25, Township 42 North, Range 10 West, N.M.P.M. This legal description is from the original
decree for the Vanderveer Ditch. The GPS coordinates for this point of diversion are as
follows: 242961mE, 4195884mN. Source: Sunshine Creek, tributary to the San Miguel River.
Legal Description of Alternate Point of Diversion: A point in the Southwest Quarter of the
Northwest Quarter, Section 25, Township 42 North, Range 10 West, N.M.P.M. This legal
description also is from the original decree for the Vanderveer Ditch. The GPS coordinates for
this point of diversion are as follows: 242396mE, 4196016mN.
Source of Alternate Point
of Diversion: Sunshine Gulch, tributary to the San Miguel River. Appropriation date:
August 24, 2004. Amount: 2.6 c.f.s. Beneficial uses: Irrigation, wildlife habitat, piscatorial,
domestic, and fire protection. The Vanderveer Ditch is used for such beneficial uses both
directly and following storage in Sunshine Pond #1 and also is used to replace evaporative
loss from the pond. Irrigation of 30 acres located in the SE1/4 of the SE1/4 and the SW1/4 of
the SE1/4 of Sec. 23; and SW1/4 of the SW1/4 and SE1/4 of SW1/4, Section 24; T42N,
R10W, N.M.P.M., San Miguel County, Colorado. IV.
SUNSHINE POND #1. Legal
description of location of dam:
Required
Southwest Southeast Section
Township
Range
Principal
Description:
1/4 of the
1/4
23
42N
10W
Meridian
San Miguel
N.M.P.M
County
Distance from section lines (section lines are typically not property lines)
291 Feet from the North section line and 141 Feet from the East section line of Section 23
GPS location information in UTM format.
Were
points
Northing 4196648
averaged? Yes
Zone 13
Easting 241847
Source: Vanderveer Ditch, tributary to the San Miguel River. Appropriation date: August 24,
2004. Fill Rate: 2.6 c.f.s. Amount:10.25 acre-feet. Beneficial Uses: Irrigation, wildlife habitat,
piscatorial, domestic, and fire protection. Irrigation of 30 acres located in the SE1/4 of the
SE1/4 and the SW1/4 of the SE1/4 of Sec. 23; and SW1/4 of the SW1/4 and SE1/4 of the
SW1/4, Section 24; T42N, R10W, N.M.P.M., San Miguel County, Colorado. Surface area of
high water line: 1.6 acres. Total capacity of reservoir in acre-feet: 10.25 acre-feet. V. EAST
BEAVER POND. Name of structure: East Beaver Pond. Legal description of location of
dam:
Required
Southeas Southwest Section
Township
Range
Principal
Description:
t 1/4 of 1/4
24
42N
10W
Meridian
San Miguel the
N.M.P.M
County
Distance from section lines (section lines are typically not property lines)
275 Feet from the North section line and 2613 Feet from the West section line of Section 24
GPS location information in UTM format.
Were
points
averaged? Yes
Northing 4196591
Zone 13
Easting 243097
Source: East Beaver Pond Spring and Vanderveer Ditch, tributary to the San Miguel River.
Appropriation date: August 24, 2004. Fill Rate: 2.6 c.f.s. Amount: 2.24 acre-feet. Beneficial
Uses: Irrigation, wildlife habitat, piscatorial, domestic, and fire protection. Irrigation of 30 acres
located in the SE1/4 of the SW 1/4, Section 24, T42N, R10W, N.M.P.M., San Miguel County,
Colorado. Surface area of high water line: 0.56 acres. Total capacity of reservoir in acrefeet: 2.24 acre-feet. VI. CLAIM TO MAKE ABSOLUTE: In August 2010 the applicant installed
diversion structures and Parshall flumes, cleaned out the Vanderveer Ditch, and diverted water
under all of the five subject water rights in their full amounts for all decreed beneficial uses.
Applicant has cleaned, maintained and used the Vanderveer Ditch and all other structures
every summer since August 2010. Based upon the information contained in this application,
applicant requests that the Court enter a decree making absolute applicant’s five water rights
described in this application. SAN MIGUEL COUNTY.
CASE NO. 2014CW3065 (REF NO. 00CW221, 08CW34). MESA COUNTY, JOHNSON
CREEK, NORTH EAST CREEK, EAST CREEK, GUNNISON RIVER. Alpha Family
L.L.C., Attention: Sigma Alpha, 843 25 Road, Grand Junction, CO 81505, (970) 2425508; Applicant’s Attorneys: Mark A. Hermundstad and Kirsten M. Kurath, Williams,
Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262,
[email protected], [email protected]; Application For Finding of
Reasonable Diligence. Name of Structures: Alpha Spring, Halvor Lake Feeder Pipeline,
and Halvor Lake; Alpha Spring: Orig. Decree: March 6, 2002, Case No. 00CW221,
Division 4; Subsequent Decree Awarding Diligence: August 26, 2008, Case No.
08CW34, Division 4; Legal Description: Located at a point approximately 2770 feet south
of the North Section Line and 2140 feet west of the East Section Line of Section 6, T. 14
S., R. 101 W., 6th P.M.; As noted in the decree in Case No. 08CW34, the Division
Engineer's GPS reading and PLSS calculation puts the point of diversion at a point 2625
feet south of the North Section Line and 2151 feet west of the East Section Line. This
point is within 200 feet of the point described in the decree entered in Case No.
00CW221. See Exhibit A to the Application. Source: A spring tributary to Johnson Creek,
tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River;
Appropriation Date: July 8, 2000; Amount: 0.005 c.f.s. This amount was made absolute
for domestic use in one single family dwelling and for wildlife water use in Case No.
08CW34. This amount remains conditional for recreation and irrigation purposes; Use:
Domestic, recreation, wildlife watering, and irrigation of up to two acres of natural
vegetation to enhance forage for wildlife. Halvor Lake Pipeline Feeder: Orig. Decree:
March 6, 2002, Case No. 00CW221, Division 4; Subsequent Decree Awarding Diligence:
August 26, 2008, Case No. 08CW34, Division 4; Legal: Located in the NW1/4 SE1/4 of
Section 6, T. 14 S., R. 101 W., 6th P.M., at a point approximately 3273 feet south of the
North Section Line and 1975 feet west of the East Section Line of said Section 6; See
Exhibit A to the Application. Source: Johnson Creek, tributary to North East Creek,
tributary to East Creek, tributary to the Gunnison River; Appropriation Date: July 8, 2000;
Amount: 0.2 c.f.s., conditional; Use: Water diverted under this water right will be stored
in Halvor Lake, described below, and will be used for recreation, wildlife watering,
irrigation of up to two acres of natural vegetation to enhance forage for wildlife, and fish
propagation. Halvor Lake: Orig. Decree: March 6, 2002, Case No. 00CW221, Division 4;
Subsequent Decree Awarding Diligence: August 26, 2008, Case No. 08CW34, Division
4; Legal: Location: The center of the dam for Halvor Lake is located in the NW1/4 SE1/4
of Section 6, T. 14 S., R. 101 W., 6th P.M., at a point 2856 feet south of the North
Section Line and 2060 feet west of the East Section Line of said Section 6. See Exhibit
A to the Application. Ditch used to fill the Lake: Halvor Lake is an off-channel reservoir.
The Halvor Lake Feeder Pipeline, described above, will be used to fill Halvor Lake, at
the rate of up to 0.2 c.f.s.; Source: The Halvor Lake Feeder Pipeline, described above,
will be used to fill Halvor Lake. In addition, small springs and natural runoff occurring
above Halvor Lake will flow into and be a source for the Lake. All of the sources for
Halvor Lake are tributary to Johnson Creek, tributary to North East Creek, tributary to
East Creek, tributary to the Gunnison River; Appropriation Date: July 8, 2000; Amount:
2.0 acre feet, conditional, together with the right to fill and refill the Lake when water is
available in priority; Use: The water in Halvor Lake will be used for recreation, wildlife
watering, irrigation of up to two acres of natural vegetation to enhance forage for wildlife,
and fish propagation. Each of the conditional water rights described above is a feature of
a project or integrated system to supply water for the purposes for which such rights are
decreed. A detailed outline of what has been done toward completion or for completion
of the appropriation and application of water to a beneficial use as conditionally decreed,
including expenditures, is contained in the Application. The water rights for the Alpha
Spring remain conditional for recreation and irrigation purposes. Applicant has decided
to limit the use of the Alpha Spring to its current absolute uses of domestic and wildlife
watering, and no longer plans to use the water for irrigation or recreation uses.
Accordingly, Applicant requests that the remaining conditional uses for the Alpha Spring
(recreation and irrigation of up to two acres of natural vegetation to enhance forage for
wildlife) be cancelled. Name and Address of Land Owners: Applicant (7 pages). MESA
COUNTY.
CASE NO. 2014CW3066 (REF NO. 08CW11, 99CW113). Gunnison County,
Gunnison River, Water District No. 4, Applicant: Stillwater – Ohio Creek, LLLP, a
Colorado limited partnership, c/o O’Hayre, Dawson & Norris, P.C., 120 North Taylor P.O. Box 179, Gunnison, Colorado 81230, (970) 641-3326; Type of Application:
Application for Finding of Reasonable Diligence; Name of Structure: Preservation Pond
No. 1; Type of Structure: Pond; Location: A point in the NE1/4SW1/4 of Section 12,
Township 50 North, Range 1 West, N.M.P.M., 1900 feet from the west section line and
1600 feet from the south section line in Section 12, in Gunnison County, Colorado;
Drainage Basin: Ohio Creek, a tributary of the Gunnison River; Quantity: 0.5 acre feet;
Appropriation date: June 26, 1999; Use: stock water, piscatorial and wildlife use;
Name of Structure: Preservation Pond No. 2. Type of Structure: Pond; Location: A
point in the SE1/4SW1/4 of Section 12, Township 50 North, Range 1 West, N.M.P.M.,
2100 feet from the west section line and 1250 feet from the south section line in Section
12, in Gunnison County, Colorado; Drainage Basin: Ohio Creek, a tributary of the
Gunnison River; Quantity: 0.5 acre feet; Appropriation date: June 26, 1999; Use:
stock water, piscatorial and wildlife use; Name of Structure: Preservation Pond No. 3;
Type of Structure: Pond; Location: A point in the SE1/4SW1/4 of Section 12,
Township 50 North, Range 1 West, N.M.P.M., 2000 feet from the west section line and
800 feet from the south section line in Section 12, in Gunnison County, Colorado;
Drainage Basin: Ohio Creek, a tributary of the Gunnison River; Quantity: 0.5 acre feet;
Appropriation date: June 26, 1999; Use: stock water, piscatorial and wildlife use.
GUNNISON COUNTY.
CASE NO. 2014CW3067 (REF NO. 08CW9, 01CW134). Gunnison County, Gunnison
River, Water District No. 4, Applicant: Saddle Ridge Ranch Estates Homeowners
Association, c/o O’Hayre, Dawson & Norris, P.C., 120 North Taylor - P.O. Box 179,
Gunnison, Colorado 81230, (970) 641-3326; Type of Application: Application to Make
a Conditional Right Absolute. Name of Structure: Roscoe Spring. Location: In the
NE1/4NW1/4 of Section 35, Township 13 South, Range 86 West of the 6th P.M. at a
point that is approximately 1950 feet east of the western boundary of said Section 35,
and approximately 1120 feet south of the northern boundary of said Section 35, and in
Gunnison County, Colorado. Drainage Basin: Slate River, a tributary of the East River,
a tributary of the Gunnison River. Quantity/Appropriation date/Use: 0.04
c.f.s./November 22, 1994/irrigation and livestock watering. Type of Structure: Spring.
GUNNISON COUNTY.
CASE NO. 2014CW3068 (07CW22) (99CW192, 01CW25 and 01CW160). Sunnyside
Ranch at Telluride West Homeowners Association, Inc., and Sunnyside Ranch at
Telluride East Homeowners Association, Inc., c/o Brian Wallin, P.O. Box 267, Ridgway,
Colorado 81432. c/o Stephen C. Larson, Michael S. Davidson, Johnson & Repucci LLP,
2521 Broadway, Suite A, Boulder, Colorado 80304. Application To Make Conditional
Water Rights Absolute And For A Finding Of Reasonable Diligence IN SAN MIGUEL
COUNTY. Overview. Applicants are the Homeowners Associations for two adjoining
developments known as Sunnyside Ranch at Telluride West (“Sunnyside West”) and
Sunnyside Ranch at Telluride East (“Sunnyside East”). Applicants are the owners of the
water rights that are the subject of this application. The conditional underground,
surface, and storage water rights that are the subject of this application were decreed in
Case Nos. 99CW192 as amended by 01CW125 and 01CW160, to provide water service
for Sunnyside West and Sunnyside East through an integrated central water supply
system (the “Sunnyside Water System”). As decreed in Case No. 07CW22, portions of
the Sunnyside Water System have been made absolute; the remaining portions were
continued as conditional water rights. Applicants have since placed a portion of the
water rights decreed to the Eider Diversion Point No. 1, a component of the Sunnyside
Water System, to beneficial use and seek to make these water rights absolute. With
regard to the remainder of the Sunnyside Water System described herein, Applicants
have been diligent in their efforts to develop the water rights and seek a finding of
reasonable diligence. A map depicting the Sunnyside Water System is attached hereto
as Exhibit A. Name and Description of Conditional and Absolute Underground Water
Rights from Prior Decrees. Sunnyside Well No. 3. Original Decree: Case No.
99CW192 (Water Div. 4), February 14, 2001. The Original Decree for this water right
was amended in Case No. 01CW160 by decree dated July 18, 2002. Legal Description:
The NW1/4 SW1/4 NW1/4 of Section 27, Township 43 North, Range 9 West of the
N.M.P.M., at a point located 1,488 feet from the North section line and 552 feet from the
West section line of said Section 27. Source: Groundwater tributary to Eisner Creek and
Remine Creek, tributary to the San Miguel River. Amount: 30 gpm, conditional. Date of
Appropriation: August 30, 1999. Use: Domestic, lawn irrigation, watering of house
pets, fire protection, and watering of up to a maximum of 100 horses on a part-time basis
(6 months per year). Sunnyside Well No. 4. Original Decree: Case No. 99CW192
(Water Div. 4), February 14, 2001. The Original Decree for this water right was
amended in Case No. 01CW160 by decree dated July 18, 2002. Legal Description: The
NW1/4 NW1/4 SE1/4 of Section 27, Township 43 North, Range 9 West of the N.M.P.M.,
at a point located 2,635 feet from the North section line and 2,597 feet from the West
section line of said Section 27. Source: Groundwater tributary to Eisner Creek, tributary
to the San Miguel River. Amount: 30 gpm, conditional. Date of Appropriation:
August 27, 1999. Use: Domestic, lawn irrigation, watering of house pets, fire protection,
and watering of up to a maximum of 100 horses on a part-time basis (6 months per
year). Eastern Parcel Wells. Original Decree: Case No. 99CW192 (Water Div. 4),
February 14, 2001. The Original Decree for this water right was amended in Case No.
01CW160 by decree dated July 18, 2002. Legal Description: Thirteen (13) wells located
or to be located on the eastern parcel (the “Eastern Parcel Wells”). The legal description
of the Eastern Parcel is attached hereto as Exhibit B. Source: Groundwater tributary to
Eider Creek and Eisner Creek, tributary to the San Miguel River. Amount: 30 gpm,
conditional for each well. Date of Appropriation: October 29, 1999, for each of the
thirteen (13) Eastern Parcel Wells. Use: Domestic, lawn irrigation, watering of house
pets, fire protection, and watering of up to a maximum of 100 horses on a part-time basis
(6 months per year). Eastern Parcel Wells Previously Made Absolute: As decreed in
Case No. 07CW22, two (2) of the thirteen (13) Eastern Parcel wells were made absolute
as follows: Eastern Parcel Well No. 2A (Well Permit No. 59283-F), located in the
SW1/4 NW1/4 NE1/4 of Section 27, Township 43 North, Range 9 West, of the N. M.P.M.
at a point 1,092 feet from the North section line and 2,419 feet from the East section line,
diverting 15 gpm and used in the Sunnyside Water System. Amount: 15 gpm, absolute;
15 gpm, conditional, as decreed in Case No. 07CW22. Use: Domestic, lawn irrigation,
watering of house pets, fire protection, and watering of up to a maximum of 100 horses
on a part-time basis (6 months per year). Date Water Applied to Beneficial Use: March
25, 2003. Eastern Parcel Well No. 3 (Well Permit No. 59284-F), located in the SE1/4
NW1/4 NE1/4 of Section 27, Township 43 North, Range 9 West, of the N.M.P.M., at a
point 893 feet from the North section line and 1,625 feet from the East section line,
diverting 15 gpm and used in the Sunnyside Water System. Amount: 15 gpm, absolute;
15 gpm, conditional, as decreed in Case No. 07CW22. Use: Domestic, lawn irrigation,
watering of house pets, fire protection, and watering of up to a maximum of 100 horses
on a part-time basis (6 months per year). Date Water Applied to Beneficial Use: March
25, 2003.
The maximum annual combined diversion from the Sunnyside Well No. 3, Sunnyside
Well No. 4, and the Eastern Parcel Wells is 16.98 acre feet. Name and Description of
Conditional and Absolute Surface Water Rights from Prior Decrees. Remine Point of
Diversion No. 1. Original Decree: Case No. 99CW192 (Water Div. 4), February 14,
2001. The Original Decree for this water right was amended in Case No. 01CW160 by
decree dated July 18, 2002. Legal Description of Point of Diversion: The NW1/4 NE1/4
NE1/4 of Section 28, Township 43 North, Range 9 West of the N.M.P.M., at a point
located 100 feet from the North section line and 1,335 feet from the East section line of
said Section 28. Source: An unnamed tributary of Remine Creek, locally referred to as
the East Fork of Remine Creek. Remine Creek is tributary to the San Miguel River.
Amount: 50 gpm, conditional. Date of Appropriation: August 12, 1999. Use: Domestic,
lawn irrigation, watering of house pets, fire protection, and watering of up to a maximum
of 100 horses on a part-time basis (6 months per year). Eisner Point of Diversion No. 1.
Original Decree: Case No. 99CW192 (Water Div. 4), February 14, 2001. The Original
Decree for this water right was amended in Case No. 01CW160 by decree dated July
18, 2002. Legal Description of Point of Diversion: The NE1/4 SW1/4 NW1/4 of
Section 27, Township 43 North, Range 9 West of the N.M.P.M., at a point located
1,402 feet from the North section line and 673 feet from the West section line of said
Section 27. Source: The source for Eisner Point of Diversion No. 1 is Eisner Creek, a
tributary to the San Miguel River. Amount: 37 gpm, absolute; 63 gpm, conditional, as
decreed in Case No. 07CW22. Date of Appropriation: August 12, 1999. Use:
Domestic, lawn irrigation, watering of house pets, fire protection, and watering of up to a
maximum of 100 horses on a part-time basis (6 months per year). Each lot on the
Property may irrigate up to 5,000 square feet of lawn and landscaping for a total irrigated
acreage within the development of 2.87 acres. Eider Point of Diversion No. 1. Original
Decree: Case No. 99CW192 (Water Div. 4), February 14, 2001. The Original Decree
for this water right was amended in Case No. 01CW160 by decree dated July 18, 2002.
Legal Description of Point of Diversion: The NE1/4 NW1/4 NE1/4 of Section 27,
Township 43 North, Range 9 West of the N.M.P.M., at a point located 353 feet from the
North section line and 1,557 feet from the East section line of said Section 27. Source:
Eider Creek, a tributary to the San Miguel River. Amount: 100 gpm, conditional. An
absolute water right is sought for Eider Point of Diversion No. 1, in Section 7, below.
Date of Appropriation: August 17, 1999. Use: Domestic, lawn irrigation, watering of
house pets, fire protection, and watering of up to a maximum of 100 horses on a parttime basis (6 months per year). Name and Description of Conditional and Absolute
Water Storage Rights from Prior Decrees. Sunnyside Pond No. 1. Original Decree:
Case No. 99CW192 (Water Div. 4), February 14, 2001. The Original Decree for this
water right was amended in Case No. 01CW160 by decree dated July 18, 2002. Legal
Description:
This pond is located in the SW1/4 SW1/4 NE1/4 of Section 28,
Township 43 North, Range 9 West of the N.M.P.M., at a point located 2,375 feet from
the North section line and 2,110 feet from the East section line of said Section 28.
Source: Unnamed tributaries of Remine Creek, locally referred to as the East Fork of
Remine Creek and Sunnyside Draw. Remine Creek and Sunnyside Draw are tributary
to the San Miguel River. Point of Diversion for Filling: Sunnyside Pond No. 1 fills via the
Conley Ditch at Remine Point of Diversion No. 1 legally described in Section 4.A, under
the junior priority water storage right decreed in Case No. 99CW192, diverting at a rate
of up to 1.0 c.f.s. Amount:; 7.4 acre-feet absolute; 12.6 acre-feet, conditional, with the
right to fill and refill, as decreed in Case No. 07CW22. Date of Appropriation: August 11,
1999. Use: Domestic uses within the Sunnyside development, lawn irrigation, watering
of house pets, fire protection, watering of up to a maximum of 100 horses on a part-time
basis (six months per year) recreational, wildlife and piscatorial purposes, augmentation,
and replacement. Capacity and surface acreage of pond: 20 acre feet (100% active
storage), with a maximum surface area of approximately 2.3 acres. Sunnyside Pond No.
4. Original Decree: The Sunnyside Pond No. 4 was first decreed on February 14, 2001
in Case No. 99CW192 as two separate storage structures, Sunnyside Pond Nos. 2 and
3, each with a storage capacity of 35 acre-feet. These conditional storage water rights
were amended by decree dated August 13, 2001 in Case No. 01CW25. This decree
approved the consolidation and relocation of the Sunnyside Pond Nos. 2 and 3
conditional storage water rights into a single right, Sunnyside Pond No. 4. The original
decree for this water right was further amended in Case No. 01CW160 by decree dated
July 18, 2002. Legal Description: The NW1/4 NE1/4 SW1/4 of Section 27, Township 43
North, Range 9 West of the N.M.P.M., at a point located 2,568 feet from the North
section line and 1,633 feet from the West section line of said Section 27. Source:
Eisner Creek and Eider Creek, both tributary to the San Miguel River. Points of
Diversion of Filling: This water storage right fills via two feeder ditches one each from
Eisner Creek and Eider Creek, diverting at a rate of up to 1.0 c.f.s., at the following
locations: Eisner Point of Diversion No 1: At this diversion point, water is diverted from
Eisner Creek into the Eisner Creek Feeder Ditch, which fills Sunnyside Pond No. 4. This
point of diversion from Eisner Creek is located in the NE1/4 SW1/4 NW1/4 of Section 27,
Township 43 North, Range 9 West of the N.M.P.M., at a point located 1,402 feet from
the North section line and 673 feet from the West section line of said Section 27. This is
a common point of diversion for (a) filling Sunnyside Pond No. 4 and (b) diverting the
Eisner Point of Diversion No. 1 (Section 4.B, above). These two diversions at this
common point are separately metered. Eider Point of Diversion No. 2: The NW1/4
NE1/4 of Section 27, Township 43 North Range 9 West of the N.M.P.M., within 200 feet
of a point located 176 feet from the North Section line and 3,483 feet from the West
section line of Section 27. Amount: 14.2 acre-feet, absolute; 10.8, conditional, with the
right to fill and refill, as decreed in Case No. 07CW22. Date of Appropriation: August 11,
1999. Uses: Domestic uses within the Sunnyside development, lawn irrigation, watering
of house pets, fire protection, watering of up to a maximum of 100 horses on a part-time
basis (six months per year) recreational, wildlife and piscatorial purposes, augmentation,
and replacement. Capacity and surface acreage of pond: 25 acre-feet (100% active
storage), with a maximum surface area of 2.9 acres. Owners of the Land Upon Which
the Structures are Located. There are no new diversion or storage structures or
modifications to any existing diversion or storage structures, except for the eleven
Eastern Parcel wells that have not yet been made absolute in part. These eleven wells
will be installed on the lots of the landowners which are listed on the attached Exhibit C.
Applicants will timely provide notice of this application to each of these landowners.
Claim to Make the Eider Point of Diversion No. 1 Absolute in Part. Decree Information
for the Eider Point of Diversion No. 1: See Section 4.C above. Date Water Applied to
Beneficial Use: July 1, 2013. Amount: Of the 100 gpm conditionally decreed to the
Eider Point of Diversion No. 1, Applicants are seeking a decree making 37.2 gpm
absolute. Applicants seek to continue the remaining 62.8 gpm as conditional. Use:
Water diverted under this water right has been used in the development’s potable water
supply system for domestic purposes, lawn irrigation, watering of house pets and fire
protection. Applicants requests that all remaining conditionally decreed uses be
continued as conditional. Description of Place of Use: The Eider Point of Diversion No.
1 structure and associated water right is a component of the Sunnyside Water System
and was therefore used on the properties depicted on the attached Exhibit A. Claim for
a Finding of Reasonable Diligence. With respect to all portions of the subject conditional
underground, water rights identified in Section 3 (A-C) above; the conditional surface
water rights identified in Section 4 (A-C) above; and the conditional water storage rights
identified in Section 5 (A-B) above, for which a finding of absolute water right is not
sought in Section 7 above, Applicants seek (i) a finding of reasonable diligence, and (ii)
to continue such conditional rights in the amounts and for the conditional uses set forth
in Sections 3-5 above. As decreed in Case No. 07CW22, the various underground,
surface and water storage rights that are the subject of this application are component
features of an integrated water supply system, and work on one feature of the system
shall be considered in finding that reasonable diligence has been shown in the
development of water rights for all features of the entire system, pursuant to C.R.S. § 3792-301(4)(b). The following activities were undertaken during the diligence period
toward completion and application of all the subject conditional water rights to their
decreed beneficial uses: During the subject diligence period, Applicants completed
planning efforts for the use of the water rights and water resources of the subdivision.
As part of this planning process, Bishop-Brogden Associates, Inc. (“BBA”) assisted the
Applicants in evaluating the subject underground, surface and storage rights at the
Sunnyside development. During the subject diligence period, Applicants incurred
$35,183.00 for general water resources consulting and engineering services at
Sunnyside, a portion of which was directly related to the underground, surface and
storage rights referenced above. As part of this work, BBA (i) provided water resource
and water right consulting services related to the underground, surface and storage
rights; (ii) made site visits to observe and evaluate the water rights and water sources;
(iii) performed accounting related to the subject underground, surface and storage rights;
and (iv) monitored and analyzed water right applications in the vicinity of Applicants’
development to ensure the subject water rights would not be injured. Applicant incurred
substantial additional sums engaging civil engineers to evaluate water treatment and
distribution infrastructure for the subject water rights. To protect its water rights,
Applicants also engaged legal counsel to actively participate in several water rights
cases filed in Division 4, including in Case Nos. 10CW170, 10CW192 and 10CW195,
during the subject diligence period. In participating in these cases, Applicants incurred
$6,249.50 in legal expenses. In furtherance of the aforementioned planning activities,
Applicants have also undertaken significant steps in the development of the subject
water rights. In 2013 Applicants performed significant work on the diversion structure at
the Remine Point of Diversion No. 1, including the design and reconstruction of the
diversion headgate. In all, Applicants incurred $19,800 for such work. In addition to the
above, Applicants expended significant effort to improve the filtration system for the
potable water supply system which serves the development and which will use portions
of the subject water rights. Applicants also performed significant maintenance work at
the Eider Point of Diversion No. 1, by among other things, removing sediment to ensure
proper operation of the structure. For these activities, Applicants incurred $23,473.78.
During the diligence period, Applicants also employed an on-site operator that manages
and operates the Sunnyside Water System, including all diversion, filling, and releases
under the various water rights from the various sources described herein. By performing
this work, Applicants are now well positioned to apply the remaining subject conditional
water rights to beneficial use. As development continues and water demands increase,
additional work will be performed to meet those demands and allow for the additional
use of the water rights in the Sunnyside Water System. SAN MIGUEL COUNTY.
CASE NO. 2014CW3069 (REF NO. 07CW216, 06CW77, 00CW112, 99CW148,
93CW77, 92CW188, 87CW86, 86CW168, 82CW310, 82CW95, W-3286, W-1359).
Montrose County. Clear Creek and Horsefly Creek, and all tributaries thereto, trib. to the
San Miguel River. Application for Finding of Reasonable Diligence and to Make
Absolute, in Part. Applicant: Eldred Colorado Family, LP; c/o Sara M. Dunn, Balcomb &
Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, Telephone: (970) 9456546. CLAIM FOR FINDING OF REASONABLE DILIGENCE. Structure: Finch
Reservoir Feeder Ditch. Info. from previous decrees: Orig. Decree: 12/30/1977 in
Case No. W-3286, Division 4 Water Court. During the intervening years, at timely
intervals as required by statute, the claimant has shown to the Court that reasonable
diligence has been exercised in the development of this cond. water right, and the Court
has ruled that said water right be continued in full force and effect in Case Nos. W-3286;
82CW95; 86CW168; 92CW188; and 99CW148. Location: The Finch Reservoir Feeder
Ditch will divert from the S.E. bank of Clear Creek at a pt. whence the S.W. corner of
Sec. 22, T. 46 N., R. 11 W., N.M.P.M., Montrose County, Colorado, bears S. 37 deg. 30'
W. 7500 ft. The Finch Reservoir Feeder Ditch will then proceed to the Finch Reservoir,
intercepting surface runoff and flows including but not limited to the following four
drainages: Drainage No. 1: at a pt. whence the S.W. corner of Sec. 22, T. 46 N., R. 11
W., N.M.P.M., Montrose County, Colorado, bears S. 48 deg. 30' W. 5900 ft. Drainage
No. 2: at a pt. whence the S.W. corner of Sec. 22, T. 46 N., R. 11 W., N.M.P.M.,
Montrose County, Colorado, bears S. 72 deg. W. 3600 ft. Drainage No. 3: at a pt.
whence the S.E. corner of Sec. 26, T. 46 N., R. 11 W., N.M.P.M., Montrose County,
Colorado, bears S. 66 deg. 30' E. 5450 ft. Drainage No. 4: at a pt. whence the S.E.
corner of Sec. 26, T. 46 N., R. 11 W., N.M.P.M., Montrose County, Colorado, bears S.
66 deg., 30' E. 2250 ft. Approp. Date: 7/5/1977. Amt: 31.0 cfs, cond. Use: Power
generation; dom.; pisc., rec. and irr., and for the filling of the Finch Reservoir. Structure:
Finch Reservoir. Info. from previous decrees: Orig. Decree: 2/16/1973 in Case No. W1359, Division 4 Water Court. During the intervening years, at timely intervals as
required by statute, the claimant has shown to the Court that reasonable diligence has
been exercised in the development of this cond. water right, and the Court has ruled that
said water right be continued in full force and effect in Case Nos. W-1359(78),
82CW310, 87CW86, 93CW77 and 00CW112. Location: The initial pt. of the dam is
located at a pt. in the SE ¼ NE ¼ of Sec. 35, T. 46 N., R. 11 W., N.M.P.M., whence the
N.E. corner of said Sec. 35 bears N. 5 deg. 32’ E. 2,098 ft. from the initial pt. of the dam.
The dam is located in the SE ¼ NE ¼ and the NE¼ SE¼ in said Sec. 35, and the W.
half NW¼ of Sec. 36, T. 46 N., R. 11 W., N.M.P.M., Montrose County, Colorado.
Approp. Date: 11/1/1971. Amt.: 21,900 AF, cond., with the right to fill and re-fill when
water is physically and legally available. Use: Dom., pisc., irr. and rec. purposes.
Remarks: During the diligence period, Applicant obtained a change of water right for
Finch Reservoir in Case No. 07CW216 allowing for alternate places of storage for the
Finch Reservoir conditional water rights in Esperanza Pond, Middle Fork Reservoir and
Spirit Reservoir, changing 2,000 AF of storage of the 21,900 AF decreed to the Finch
Reservoir. Name of Reservoir: Esperanza Pond. Legal Description of Location of Dam:
NE1/4, NW1/4, Sec. 32, T. 46 N., R. 10 W., N.M.P.M. The location of the dam at creek is
4,640 ft. from the S. Sec. line and 2,860 ft. from the E. Sec. line of said Sec. 32. Amt: 40
AF, conditional. Name of Reservoir: Middle Fork Reservoir. Legal Description of
Location of Dam: SE1/4, NE1/4, Sec. 32, T. 46 N., R. 10 W., N.M.P.M. The location of
the dam at creek is 1,460 ft. from the N. Sec. line and 120 ft. from the E. Sec. line of said
Sec. 32. Amt: 960 AF, conditional. Name of Reservoir: Spirit Reservoir. Legal
Description of Location of Dam: SW1/4, SE1/4, Sec. 32, T. 46 N., R. 10 W., N.M.P.M.
The location of the dam at creek is 550 ft. from the S. and 2425 ft. E. Sec. line of said
Sec. 32. Amt: 1,000 AF. conditional. In the diligence period preceding the filing of this
Application, Applicant has diligently pursued development of the subject cond. water
right. A complete list of diligence activities is on file with the court. Remarks: Any ruling
of decree in this matter finding the Applicant has been diligent in the development of the
Finch Reservoir cond. water right, shall be subject to the terms and conditions of the
1994 Stipulation between San Juan Ranch Partners, Ltd. and Carmont Associates, the
Applicant’s predecessor-in-interest, which Stipulation was approved by the Water Court
in Case No. 93CW77. CLAIM TO MAKE WATER RIGHT ABSOLUTE. Applicant
request a finding that 40 AF of the cond. storage rights decreed to Finch Reservoir have
been made absolute by construction and operation of the Esperanza Pond. Date water
applied to beneficial use: Esperanza Pond began filling in late November of 2007 and
was full by the end of February 2008. The pond was stocked with fish in July of 2009
and water was placed to beneficial use for irrigation from June 2010 until the date of
filing this application. Use: Pisc., irr., and rec. Name and address of owner of the land
upon which any new diversion or storage structure, or modification to any existing
diversion or storage structure is or will be constructed or upon which water is or will be
stored, including any modification to the existing storage pool: Applicant. 8 pgs. w/ 2
Map Exhs. MONTROSE COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October, 2014 to
file with the Water Clerk, in duplicate, a Verified Statement of Opposition setting forth
facts as to why a certain application should not be granted or why it should be granted
only in part or on certain conditions. A copy of such a Statement of Opposition must
also be served upon the applicant or the applicant’s attorney and an affidavit of
certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P.
Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk’s Office or
on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk,
Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401