Produced Nontributary Ground Water Notification List

Transcription

1 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 , as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of January, 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. Produced Nontributary Ground Water Notification List Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR ( Rules ), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division. To receive this information by , provide your name, address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Katie Radke, Program Manager), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) , Fax: (303) , or to: Kathryn.radke@state.co.us. Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: CASE NO. 2014CW1 (REF NO. 08CW57). Applicant: Donald A. and Donna J. Rapp, 9315 High Mesa Road, Olathe, CO Application for Water Storage Right: Rapp Spring No. 2 SW1/4SW1/4NW1/4 of Section 33, T50N, R10W, NMPM. 2,079 feet from the north section line and 942 from the west section line. Source: Coal Creek, Uncompahgre River. Appropriation Date: 05/28/2008. Amount Claimed: cfs conditional for filling Rapp Livestock Pond No. 2. Rapp Livestock Pond No. 2 SW1/4SW1/4NW1/4 of Section 33, T50N, R10W, NMPM. 2,079 feet from the north section line and 680 from the west section line. Source: Coal Creek, Uncompahgre

2 River. Appropriation Date: 05/28/2008. Amount Claimed: acre-feet conditional for stockwater and wildlife. The Application on file with the water court contains an outline of the work performed during the diligence period. MONTROSE COUNTY. CASE NO. 2014CW2 (REF NO. 05CW234) Applicant Volk Ranch, LLLP., Harts Basin Road, Eckert, CO Application For Finding of Reasonable Diligence and To Make Absolute: Volk Sylvester CG Pond SE1/4SE1/4NW1/4 of Section 16, T12S, R89W, 6 th P.M. 2,507 feet from the north line and 2,502 feet from the west section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: acre-feet conditional for piscatorial and recreation. Volk Downing Springs: NW1/4SE1/4SW1/4 of Section 4, T12S, R89W, 6 th P.M. 848 feet from the south line and 1,711 feet from the west section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 10/11/2005. Amount Claimed: 0.50 c.f.s. absolute for irrigation of 240 acres and conditional to fill Volk Ragged Mountain Reservoir. Volk Sylvester Upper Middle Pond Spring No. 1 - NE1/4NW1/4NE1/4 of Section 16, T12S, R89W, 6 th P.M. 652 feet from the north line and 1,621 feet from the east section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 10/11/2005. Amount Claimed: 0.15 c.f.s. absolute for irrigation of 180 acres and conditional to fill Volk Sylvester Upper Middle Pond. Volk Sylvester Middle Pond Spring No. 2 - NW1/4NW1/4NE1/4 of Section 16, T12S, R89W, 6 th P.M. 93 feet from the north line and 2,148 feet from the east section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 10/11/2005. Amount Claimed: 0.10 c.f.s. absolute for irrigation of 180 acres to fill Volk Sylvester Middle Pond. Volk Ragged Mountain Lake - NW1/4SE1/4SW1/4 4 of Section 22, T12S, R89W, 6 th P.M. 992 feet from the south line and 1,455 feet from the west section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: acre-feet conditional for of 240 acres, piscatorial and recreation. Volk Plute Meadow Pond - SW1/4NE1/4SW1/4 of Section 22, T12S, R89W, 6 th P.M. 1,888 feet from the south line and 1,644 feet from the west section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: 7.0.acre-feet conditional for irrigation of 30 acres. Volk Little Cellar Pond - SW1/4SE1/4NW1/4 of Section 21, T12S, R89W, 6 th P.M. 2,046 feet from the north line and 1,828 feet from the west section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: 4.00 acre-feet conditional for irrigation of 40 acres and piscatorial. Volk Sylvester Upper Middle Pond - SW1/4NW1/4NE1/4 of Section 16, T12S, R89W, 6 th P.M. 723 feet from the north line and 2,052 feet from the east section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: acre-feet conditional for irrigation of 180 acres, piscatorial and recreation. Volk Sylvester Middle Pond - SE1/4NW1/4NE1/4 of Section 16, T12S, R89W, 6 th P.M. 904 feet from the north line and 1,814 feet from the east section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: 8.61.acre-feet conditional for irrigation of 180 acres and piscatorial. Volk Horse Pasture Pond - SW1/4NE1/4NE1/4 of Section 21, T12S, R89W, 6 th P.M. 696 feet from the north line and 1,239 feet from the east section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: 1.10 acre-feet conditional for piscatorial and recreation.. Volk Green Lake Pond - NE1/4NW1/4NW1/4 of Section 22, T12S, R89W, 6 th P.M. 582 feet from the north line and 1,063 feet from the west section line. Source: Muddy Creek, Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: acrefeet conditional for irrigation of 180 acres and piscatorial. The application on file with the Water Court contains an outline of the work performed during the diligence period. GUNNISON COUNTY.

3 CASE NO. 2014CW3 (REF NO. 07CW85, 01CW04, 94CW62). Applicant: Dwight E. Vandervort, 111 W. Blue Rock Drive, Horseshoe Bay, TX Application for Finding of Diligence: Cattail Spring SE1/4SW1/4SW1/4 of Section 12, T47N, R9W, NMPM. 900 from the west line and 500 feet from the south section line. Source of Water: Uncompahgre River. Appropriation Date: 05/05/1995. Amount Claimed:.15 cfs conditional for irrigation of 10 acres, wildlife, fire protection and storage. The Application on file with the water court contains an outline of the work performed during the diligence period MONTROSE COUNTY. CASE NO. 2014CW4 (REF NO. 2009CW18). Applicant: Kale Casey, 128 Colorado Avenue, Paonia, CO Application To Make Absolute: Vandalia A Diversion SE1/4SW1/4NE1/4 of Section 16, T43N, R4W, NMPM. 2,318 feet south of the north section line and 1,456 feet west of the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 02/04/2009. Amount Claimed: cfs absolute for domestic use in a single-family dwelling. The application on file with the Water Court contains and outline of the work performed during the diligence period. HINSDALE COUNTY. CASE NO. 2014CW5 (REF NO. 06CW136). Applicant: Eddie Townsend, Road, Hotchkiss, CO Application To Make Absolute: Townsend Spring NE1/4NE1/4NE1/4 of Section 16, T14S, R93W, 6 th P.M. 20 feet from the north line and 130 feet from the east section line. Source: Leroux Creek, North Fork Gunnison River. Appropriation Date: 07/20/2006. Amount Claimed: 0.10 c.f.s. absolute to fill Townsend Pond No. 1. Eddie Townsend Waste Water Ditch NW1/4NE1/4NE1/4 of Section 16, T14S, R93W, 6 th P.M. 101 feet from the north line and 1,260 feet from the east section line. Source: Leroux Creek, North Fork Gunnison River. Appropriation Date: 07/20/2006. Amount Claimed: 1.00 c.f.s. absolute to fill Townsend Pond No. 2. Townsend Well No. 2 SE1/4NE1/4NE1/4 of Section 16, T14S, R93W, 6 th P.M. 835 feet from the north line and 287 feet from the east section line. Source: Leroux Creek, North Fork Gunnison River. Appropriation Date: 11/04/2005. Amount Claimed: c.f.s. absolute for domestic use in one single-family dwelling, stockwater and irrigation of 1/6 acre. Townsend Well No. 3 NW1/4NE1/4NE1/4 of Section 16, T14S, R93W, 6 th P.M. 101 feet from the north line and 1,260 feet from the east section line. Source: Leroux Creek, North Fork Gunnison River. Appropriation Date: 11/04/2005. Amount Claimed: c.f.s. absolute for domestic use in one single-family dwelling, stockwater and irrigation of 1/6 acre. Townsend Pond No. 1 NE1/4NE1/4NE1/4 of Section 16, T14S, R93W, 6 th P.M. 100 feet from the north line and 130 feet from the east section line. Source: Leroux Creek, North Fork Gunnison River. Appropriation Date: 07/20/2006. Amount Claimed: acre-feet absolute for augmentation, piscatorial and recreation. The Application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2014CW6 (REF NO. CASE NO. 07CW8). Applicant: Stephen P. Ramsey, 2041 Stanley Hills Drive, Los Angeles, CA Application for Finding of Reasonable Diligence Ramsey Pond No.1 - NE1/4NE1/4 of Section 36, T47N, R6W, N.M.P.M. 611 feet from the east line and 611 feet from the north section line. Source: Gunnison River. Appropriation Date: 10/01/1991. Amount Claimed: 1.64 acre-feet conditional for piscatorial, irrigation, augmentation, domestic and hydroelectric. Cimarron Spring no. 3 - NW1/4NE1/4 of Section 36, T47N, R6W, N.M.P.M. 2,417 feet from the east line and 1,317 feet from the north section line. Source: Gunnison River.

4 Appropriation Date: 10/01/1991. Amount Claimed: 8 g.p.m. conditional for hydroelectric, irrigation, domestic, augmentation and piscatorial. Cimarron Spring No. 4 - NW1/4NE1/4 of Section 36, T47N, R6W, N.M.P.M. 2,322 feet from the east line and 678 feet from the north section line. Source: Gunnison River. Appropriation Date: 10/01/1991. Amount Claimed: 3 g.p.m. conditional for hydroelectric, irrigation, domestic, augmentation and piscatorial. Ramsey Hydroelectric Pipeline - NW1/4NE1/4SW1/4 of Section 25, T47N, R6W, N.M.P.M. 2,300 feet from the south line and 1,600 feet from the west section line. Source: Gunnison River. Appropriation Date: 11/15/2000. Amount Claimed: 3.0 c.f.s. conditional for hydroelectric. The Application on file with the Water Court contains an outline of the work performed during the diligence period GUNNISON COUNTY. CASE NO. 2014CW7 (REF NO. 07CW135). Applicant: Robert Morgan, P. O. Box 956 Road, Paonia, CO Application To Make Absolute: Morgan s Pond SW1/4SE1/4NW1/4 of Section 22, T14S, R92W, 6 th PM. 2,077 feet east of the west line and 2,451 feet south of the north line. Source: North Fork, Gunnison River. Appropriation Date: 09/24/2007 Amount Claimed:.12 c.f.s. conditional for irrigation. Morgan Pond SE1/4SE1/4NW1/4 of Section 22, T14S, R92W, 6 th PM. 2,452 feet from the north line and 2,240 feet from the west section line. Source: North Fork, Gunnison River. Appropriation Date: 09/24/2007. Amount Claimed: 10 acre-feet absolute for irrigation of 2.5 acres. The Application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2014CW Powell Mesa Road, LLC, Attn: Gayle Nosal, General Partner, 34 Enchanted Way, Bar Harbor, ME 04609, (207) , c/o Leah K. Martinsson and Rebecca J. Rigo, Berg Hill Greenleaf & Ruscitti LLP,1712 Pearl Street, Boulder, Colorado 80302, (303) IN THE MATTER OF THE APPLICATION FOR UNDERGROUND WATER RIGHTS OF Powell Mesa Road, LLC FOR GROUNDWATER TRIBUTARY TO THE GUNNISON RIVER, IN GUNNISON COUNTY. 2. Request No. 1 for Underground Water Rights. A. Name of Well: Well Permit No A. B. Legal description of well: The NW ¼ of the NW ¼ of Section 20, Township 14 S, Range 92 W, of the 6th P.M. at a point 200 feet from the North section line and 1226 feet from the West section line, Delta County, Colorado (UTM Coordinates: Northing (UTM y) , Easting (UTM x) ). See Location Map, Exhibit A. C. Source of Water: Groundwater. D. Depth of Well: 50 feet. E. Date of Appropriation: February 11, 2002, the date upon which Well Permit No A was issued. This requested water right is not subject to the postponement doctrine and is entitled to its original priority date, regardless of the date of the filing of this application. F. How Appropriation was Initiated: By permitting, constructing, and operating the well. G. Date Water Applied to Beneficial Use: March 29, H. Amount Claimed: 15 gpm, absolute. I. Augmentation Information: This well was permitted pursuant to C.R.S and is therefore not subject to any augmentation requirement. J. Use: Ordinary household purposes inside three single family dwellings, the watering of domestic animals, and the irrigation of not more than 1 acre of home gardens and lawns. 3. Request No. 2 for Underground Water Rights. A. Name of Well: Well Permit No B. Legal description of well: The SW ¼ of the NW ¼ of Section 20, Township 14 S, Range 92 W, of the 6th P.M. at a point 2616 feet from the North section line and 784 feet from the West section line, Delta County, Colorado (UTM Coordinates: Northing (UTM y) , Easting (UTM x) ). See Location Map, Exhibit A. C. Source of Water: Groundwater. D. Depth of Well: 77 feet. E. Date of Appropriation: June 6, 2008, the date upon which Well Permit No.

5 was issued. This requested water right is not subject to the postponement doctrine and is entitled to its original priority date, regardless of the date of the filing of this application. F. How Appropriation was Initiated: By the permitting and construction of the well. G. Date Water Applied to Beneficial Use: n/a. H. Amount Claimed: 15 gpm, conditional. I. Augmentation Information: This well was permitted pursuant to C.R.S and is therefore not subject to any augmentation requirement. J. Use or Proposed Use: Ordinary household purposes inside three single family dwellings, the watering of domestic animals, and the irrigation of not more than 1 acre of home gardens and lawns. 4. Remarks. Applicant requests the adjudication of the water rights for the wells identified in paragraphs 2 and 3, above, and currently permitted as domestic exempt wells under C.R.S , consistent with Application of Turkey Canyon Ranch, Ltd., 937 P.2d 739 (Colo. 1997). 5. Name and address of owner of land upon which structures are located: Applicant (see paragraph 1, above). WHEREFORE, the Applicant prays this Court enter a decree adjudicating and confirming the underground water rights claimed herein. (Application 6 pages). GUNNISON COUNTY. CASE NO. 2014CW3001. DELTA COUNTY 1. Applicant: Fortunate Fruit, LLC, c/o Ewell Culbertson, P.O. Box 22, Delta CO by Aaron R. Clay, P.O. Box 38, Delta CO 81416, APPLICATION FOR CHANGE OF WATER RIGHTS 2. Name, priority, and amount decreed to each Structure: 4. Legal Description of decreed point of diversion: the Casler Ditch headgate was changed to a pump site on the east or south bank of the Gunnison River in the SW1/4NE1/4 of Section 21, Township 14 South, Range 98 West, 6 th P.M. in case W The Peeples Pump and Pipe is also decreed at that location. The Storts Ditch, which is a pipeline, is decreed approximately ½ mile upstream, on the south bank of the Gunnison River, at a location 10 rods south of the NE corner of Lots 4, Section 22, Township 14 South, Range 98 West, 6 th P.M 5. Amount requested to be changed: 5.75 c.f.s. 6. Use: Irrigation 7. Source of Water: Gunnison River. 9. Change requested: Applicant seeks as an alternate point of diversion for all of these rights the original location of the Storts Ditch, now described as being in the SE1/4NW1/4, Section 22, Township 14 South, Range 98 West, 6 th P.M. approximately 1856 feet south of the north section line and 1387 feet east of the west section line. UTM coordinates Easting , Northing , Zone 13. Applicant desires to be able to pump from either that pump site or the Casler Ditch pump site, to irrigate 78 acres, so long as the total pumped does not exceed 5.75 c.f.s., on the duty of water of 1.0 c.f.s. to 10 acres. No additional lands will be irrigated. There are no water rights between the two pump sites. DELTA COUNTY.

6 CASE NO. 2014CW3002 ( REF NO. 07CW98, 00CW93). Applicant: Pinto Trust Company, LLC, c/o Robert K. Hatcher, Cockrell Interests LLC 1000 Main, Suite 3250, Houston, TX Copies of all pleadings to: Charles B. White, Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, (303) APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name of structure: Gandy Pipeline No. 2. Description of Conditional Water Right: A. Original Decree: On January 27, 1961, the District Court in and for Gunnison County entered a decree in Civil Action No B. Location: The initial point of survey for Gandy Pipeline No. 2 is located at a point whence the W 1/4 corner of Section 10, Township 15 South, Range 83 West, 6 th P.M., bears South 30 53'37" West 17, feet. This right has several alternate points of diversion at groundwater wells tributary to the Taylor River, as decreed in Case No. 83CW241, Water Division No. 4, on February 1, C. Source: Springs tributary to the Taylor River. D. Appropriation Date: June 1, E. Amounts and Uses: 0.50 c.f.s., conditional, and 0.50 c.f.s., absolute, for irrigation and domestic purposes. F. Integrated System: The subject water right is part of an integrated system for the purpose of supplying water to land owned by the Applicant along the Taylor River. When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system. C.R.S (4)(b). Evidence of Reasonable Diligence: A. During the six-year diligence period since the entry of the last diligence decree in Case No. 07CW98 on January 23, 2008, the Applicant and its predecessors expended significant sums relating to the development of the Gandy Pipeline No. 2 conditional water right and the integrated system of which it is a part. The following is a summary of the specific projects and work undertaken during the six-year diligence period. This list is not intended to be all inclusive and may be supplemented by additional evidence during any hearing in this matter. i. Design, permitting and construction of a domestic hydropower generation system to serve the residences that are the decreed place of use of the Gandy Pipeline No. 2 water right and installation of a separate intake and pipeline to convey water to the powerhouse. The total cost of this system was in excess of $66,000. Water was diverted and beneficially used for this purpose within the decreed rate of flow of the Gandy Pipeline No. 2. ii. Reconstruction, maintenance and utilization of the point of diversion and collection facility associated with the Gandy Pipeline No. 2 and diversion of water as needed and available for the decreed purposes. iii. Maintenance and repair of wells, pumps, motors, pipelines, and irrigation systems associated with the Gandy Pipeline No. 2 and the wells that are decreed as alternate points of diversion for the Gandy Pipeline No. 2 in Case No. 83CW241, Water Division No. 4. Applicant and its predecessors incurred significant costs each year for labor and materials in connection with these activities. iv. Continued diversion of water through three of the wells that are decreed as alternate points of diversion for the Gandy Pipeline No. 2 in Case No. 83CW241, Water Division No. 4. v. During the diligence period, Applicant s predecessors negotiated and completed a land exchange with the U.S. Forest Service that included the acquisition of fee title to the real property on which the point of diversion and a portion of the Gandy Pipeline No. 2 are located. On August 4, 2010, a patent was issued to the Applicant s predecessors conveying title to that property. Applicant s predecessors incurred substantial costs in connection with this land exchange. The ownership of this property enables Applicant to maintain, repair, reconstruct, improve, and operate the Gandy Pipeline No. 2 without the need for regulatory approval by the Forest Service. vi. During the diligence period, the Applicant s predecessors obtained a decree of the Water Court, Water Division No. 4, in Case No. 09CW65, making absolute water rights for a structure that is a part of the

7 Applicant s integrated water supply system. vii. During the diligence period, the Applicant and its predecessors monitored the Water Division No. 4 Water Court resume on a monthly basis in order to protect the Applicant s water rights from injury, including the Gandy Pipeline No. 2. B. Applicant and its predecessors maintained and improved the real property and facilities that are the decreed place of use of the Gandy Pipeline No. 2 water right. C. Applicant can and will apply the remaining conditional portion of the Gandy Pipeline No. 2 water right to beneficial use within a reasonable period of time. 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: N/A. WHEREFORE, the Applicant respectfully requests the Court enter a finding of reasonable diligence for 0.50 c.f.s., conditional, decreed to the Gandy Pipeline No. 2 in Civil Action No. 5590, District Court in and for Gunnison County; and continue said conditional water right for an additional six-year diligence period. GUNNISON COUNTY. CASE NO. 2014CW3003 (REF NO. 03CW148, 96CW217). Montrose County - Uncompahgre River; Cobble Creek Golf Community, LLC, Two Creeks Water Company, and Weststar Development, LLC; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) ; APPLICATION FOR FINDING OF DILIGENCE AND REQUEST FOR CORRECTION OF LEGAL DESCRIPTION; Name, mailing address, address, and telephone number of applicant(s): Cobble Creek Golf Community, LLC, c/o Clifford L. Hayden, 699 Cobble Drive, Montrose, CO 81401; (970) ; Two Creeks Water Company, c/o Clifford L. Hayden, 699 Cobble Drive, Montrose, CO 81401; (970) ; Westar Development, LLC, c/o Clifford L. Hayden, 3740 Grand Mesa Drive, Montrose, CO 81403; Request for finding of diligence: TEC Well No. 1; Type: Well; Describe conditional water right: Date of Original Decree: June 2, 1997, in Case No. 96CW217 for domestic use and July 10, 2006, in Case No. 98CW192 for commercial use; List all subsequent decrees awarding findings of diligence: January 23, 2008, in Case No. 03CW148; Legal description: SE/4 SE/4 of Section 5, T48 N, R9W, N.M.P.M. at a point 10 feet from the south section line and 600 feet from the east section line; Source of water: Groundwater tributary to Happy Canyon Creek, tributary to the Uncompahgre River; Appropriation Date: August 21, 1996, for domestic and December 31, 1998, for commercial; Amount: c.f.s. (gallons per minute ( g.p.m. )), not to exceed 1.69 a.f. annually for commercial use; Use: Domestic and commercial; Depth: Not yet constructed; Detailed outline of what has been done toward completion of the appropriation: Applicant has continued to develop the Cobble Creek Subdivision according to its development plan, which calls for the TEC Well Nos. 1, 2, 4, and 6 to be used for commercial purposes by maintaining the aesthetic features on the golf course, including maintaining ponds on the property. Because substantial development has occurred since the wells were decreed, Applicant retained Western Water & Land, Inc. ( WW&L ) to assess the suitability of the decreed well locations for the intended commercial uses. As part of that assessment, WW&L evaluated the hydrogeologic conditions in the vicinity of the decreed locations, prepared a general well design, and obtained a quote from a licensed well driller to install the wells. In paragraph 21 of Case No. 03CW148, the Court held that the TEC Well No. 1 was an individual component of Applicant s integrated water supply system and that, pursuant to C.R.S (4)(b), in subsequent diligence proceedings, work done on any one feature of Applicant s supply system should be considered in finding that reasonable diligence has

8 been shown in the development of water rights for all features of Applicant s water supply system; Request for finding of diligence: TEC Well No. 2; Type: Well; Describe conditional water right: Date of Original Decree: June 2, 1997, in Case No. 96CW217 for domestic use and July 10, 2006, in Case No. 98CW192 for commercial use; List all subsequent decrees awarding findings of diligence: January 23, 2008, in Case No. 03CW148; Legal description: SW/4 SE/4 of Section 5, T48 N, R9W, N.M.P.M. at a point 10 feet from the south section line and 1,350 feet from the east section line; Source of water: Groundwater tributary to Happy Canyon Creek, tributary to the Uncompahgre River; Appropriation Date: August 21, 1996, for domestic and December 31, 1998, for commercial; Amount: c.f.s. (g.p.m.), not to exceed 1.13 a.f. annually for commercial use; Use: Domestic and commercial; Depth: Not yet constructed; Detailed outline of what has been done toward completion of the appropriation: Applicant has continued to develop the Cobble Creek Subdivision according to its development plan, which calls for the TEC Well Nos. 1, 2, 4, and 6 to be used for commercial purposes by maintaining the aesthetic features on the golf course, including maintaining ponds on the property. Because substantial development has occurred since the wells were decreed, Applicant retained WW&L to assess the suitability of the decreed well locations for the intended commercial uses. As part of that assessment, WW&L evaluated the hydrogeologic conditions in the vicinity of the decreed locations, prepared a general well design, and obtained a quote from a licensed well driller to install the wells. In paragraph 21 of Case No. 03CW148, the Court held that the TEC Well No. 2 was an individual component of Applicant s integrated water supply system and that, pursuant to C.R.S (4)(b), in subsequent diligence proceedings, work done on any one feature of Applicant s supply system should be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant s water supply system; Request for finding of diligence: TEC Well No. 4; Type: Well; Describe conditional water right: Date of Original Decree: June 2, 1997, in Case No. 96CW217 for domestic use and July 10, 2006, in Case No. 98CW192 for commercial use; List all subsequent decrees awarding findings of diligence: January 23, 2008, in Case No. 03CW148; Legal description: Decreed location is SE/4 SW/4 of Section 5, T48 N, R9W, N.M.P.M. at a point 10 feet from the south section line and 2,400 feet from the west section line. However, the as-built location of the well is located in the NE/4 NW/4 of Section 8, T48N, R9W, N.M.P.M. at a point 122 feet from the north section line and 2,065 feet from the west section line. Applicant requests to correct the decreed legal description to reflect the as-built location of the TEC Well No. 4 in paragraph 6, below; Source of water: Groundwater tributary to Happy Canyon Creek, tributary to the Uncompahgre River; Appropriation Date: August 21, 1996, for domestic and December 31, 1998, for commercial; Amount: c.f.s. (100 g.p.m.), not to exceed 1.46 a.f. annually for commercial use; Use: Domestic and commercial; Depth: 51.5 feet; Detailed outline of what has been done toward completion of the appropriation: Applicant has continued to develop the Cobble Creek Subdivision according to its development plan. The TEC Well No. 4 has been constructed and Applicant is applying for a well permit. Further, Applicant contracted with Valley Pump Company, Inc. to physically inspect the well. That inspection revealed that the pump was undersized relative to the anticipated production capacity of the well. Applicant has begun assessing the existing well test records to determine whether to contract with Valley Pump Company to install a larger pump. In paragraph 21 of Case No. 03CW148, the Court held that the TEC Well No. 4 was an individual component of Applicant s integrated water supply system and that, pursuant to C.R.S (4)(b), in subsequent diligence proceedings, work done on any one feature of Applicant s supply system should be considered in finding that reasonable diligence has been shown in the development of water rights for all features

9 of Applicant s water supply system; Request for finding of diligence: TEC Well No. 6; Type: Well; Describe conditional water right: Date of Original Decree: June 2, 1997, in Case No. 96CW217 for domestic use and July 10, 2006, in Case No. 98CW192 for commercial use; List all subsequent decrees awarding findings of diligence: January 23, 2008, in Case No. 03CW148; Legal description: NW/4 NW/4 of Section 8, T48 N, R9W, N.M.P.M. at a point 320 feet from the north section line and 900 feet from the west section line; Source of water: Groundwater tributary to Happy Canyon Creek, tributary to the Uncompahgre River; Appropriation Date: August 21, 1996, for domestic and December 31, 1998, for commercial; Amount: c.f.s. (100 g.p.m.), not to exceed 2.03 a.f. annually for commercial use; Use: Domestic and commercial; Depth: Not yet constructed; Detailed outline of what has been done toward completion of the appropriation: Applicant has continued to develop the Cobble Creek Subdivision according to its development plan, which calls for the TEC Well Nos. 1, 2, 4, and 6 to be used for commercial purposes by maintaining the aesthetic features on the golf course, including maintaining ponds on the property. Because substantial development has occurred since the wells were decreed, Applicant retained WW&L to assess the suitability of the decreed well locations for the intended commercial uses. As part of that assessment, WW&L evaluated the hydrogeologic conditions in the vicinity of the decreed locations, prepared a general well design, and obtained a quote from a licensed well driller to install the wells. In paragraph 21 of Case No. 03CW148, the Court held that the TEC Well No. 6 was an individual component of Applicant s integrated water supply system and that, pursuant to C.R.S (4)(b), in subsequent diligence proceedings, work done on any one feature of Applicant s supply system should be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant s water supply system; Request for Correction of Location: TEC Well No. 4; Decreed water right for which change is sought: TEC Well No. 4; Date of original and relevant subsequent decrees: See paragraph 4, above; Legal description: Decreed location is SE/4 SW/4 of Section 5, T48 N, R9W, N.M.P.M. at a point 10 feet from the south section line and 2,400 feet from the west section line. However, the as-built location of the well is located in the NE/4 NW/4 of Section 8, T48N, R9W, N.M.P.M. at a point 122 feet from the north section line and 2,065 feet from the west section line. Applicant requests to correct that decreed legal description to reflect the as-built location of the TEC Well No. 4 in paragraph 6, below; Source: Groundwater tributary to Happy Canyon Creek, tributary to the Uncompahgre River; Information regarding Appropriation date, the total amount decreed to structure, uses, and amounts: See paragraph 4, above; Description of change requested: The as-built location for the TEC Well No. 4 is approximately 300 feet from the decreed location. By this claim, Applicant requests to correct the legal description for the TEC Well No. 4 to reflect its asbuilt location. (8 pages) MONTROSE COUNTY. AMENDED/CORRECTED: CASE NO. 2013CW3071 DELTA COUNTY 1. Applicant: Melissa I. Newhouse, Tongue Creek Road, Austin CO by Aaron R. Clay, P.O. Box 38, Delta CO 81416, AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS 2. Name of Structures: Doughspoon Ditch and Park Ditch, 3. Date of Original Decree: 4. Legal Description of decreed point of diversion: Doughspoon Ditch is not stated in the original decree. It is believed to be in the SW1/4 of Section 23, Township 14 South, Range 96 West, 6 th P.M. The Park Ditch headgate is decreed in the SE1/4NE1/4SW1/4, Section 23, Township 14 South, Range 96 West, 6 th P.M. Section 23, Township 14 South, Range 95 West, 6 th P.M., at appoint from which the ¼ corner between Sections

10 27 and 34 Township 14 South, Range 95 West, 6 th P.M. bears South East 1946 feet. 5. Date of Appropriation: Doughspoon Ditch: June 17, 1889, Priority 25 on Doughspoon Creek; Park Ditch: May 3, 1884; Priority 2 on Forked Tongue Creek. Amount: Doughspoon Ditch: c.f.s.; Applicant owns 9/10 of one-half of this, or c.f.s; Park Ditch: 2.25 c.f.s.; Applicant owns 12.5% of this, or c.f.s. 7. Use: Irrigation 8. Source of Water: Doughspoon Creek and Forked Tongue Creek, tributary to the Gunnison River. 9. Change requested: Applicant seeks to have as alternate points of diversion of both water rights two locations: 1) a pump site on Applicant s lands, 2253 feet from the east section line and 754 feet from the north section line, NW1/4NE1/4,Section 27, Township 14 South, Range 95 West, 6 th P.M. UTM Coordinates Easting , Northing , Zone 13, or alternatively, 2) at the headgate of the Kennicott-Mower Ditch, located in the NE1/4NE1/4,Section 15, Township 14 South, Range 95 West, 6 th P.M. at a point whence the northeast corner of said Section 15 bears North 6 30 East 49 feet. The water has been and will be pumped to irrigate 40 acres of land. DELTA COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of March, 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 DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401