DISTRICT COURT, WATER DIV. 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 6

Transcription

1 DISTRICT COURT, ATER DIV. 6, COLORADO TO ALL PERSONS INTERESTED IN ATER APPLICATIONS IN ATER DIV. 6 Pursuant to C.R.S , you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of ater Div. 6, during the month of MARCH, C50 Application for Finding of Reasonable Diligence Moffat County. Please Direct all pleadings to applicant s counsel, Frank G. Cooley, Cooley Zagar-Brown, PC., PO Box 98, Meeker, CO 81641, Applicant Three Springs Ranch Corporation, Minford Beard, Highway 40, Dinosaur, CO Three Springs Ranch ater System III consists of four structures as shown on the table. The name, legal description by quarter-quarter, Section, Township, range, distances from section lines, amount of water claimed, date of appropriation and date water was first applied to beneficial use are each shown on the table. Source of water: Spurgeon Pond: Indian ater Canyon, tributary to Disappointment Draw, tributary to the Yampa River; Badger Flat Pond: Indian ater Canyon, tributary to Disappointment Draw, tributary to the Yampa River; Clyde Ruppe Pond: Bear Draw, tributary to the Yampa River; Bear Valley Spring: Bear Draw, tributary to the Yampa River. Date of initiation: The structures were each initiated by actual construction and use for stock watering and irrigation. All structures are on Applicant's land. Use of water: Conditional to all structures for domestic, commercial and industrial. Name of Structure Spurgeon Pond Badger Flat Pond Clyde Ruppe Pond Bear Valley Spring ¼ ¼ SN Sec. 11 SSE 2 NSE 34 SES 34 Description T./R. 5N/100 5N/100 6N/101 6N/101 Feet from E Line 500 est 1,400 2,423 1,748 Feet from N S Line 1,600 North 650 2, Amount of ater Claimed c.f.s. A ft. Date Approp. Applied 0.2 5/1/50 12/31/ /13/50 12/31/ /9/46 12/31/ /3/27 12/31/91 06C9 Application For Underground ater Rights Routt County. Applicant: Twin Landfill Corporation by and through its undersigned counsel, submits this application for water rights as follows: Please direct all pleadings to Applicant s counsel, eiss and Van Scoyk, LLP, 600 S. Lincoln, Suite 202, Steamboat Springs, CO Name, address and telephone number of Applicant: Twin Landfill Corporation. c/o Les Liman, P.O. Box , Steamboat Springs, CO 80477, This Application pertains to water rights located on the property known as the Milner Landfill which is owned by Applicant. A Vicinity Map of

2 the Milner Landfill and a map depicting the locations of the water rights as described here are available for viewing in the Court file. 1. Name of Structure: Twin Landfill ell No. 1. Name of well and permit, registration or denial number: Applied for, but not yet received. Legal description: Located in the SE1/4 S1/4, Section 16, T6N, R86 of the 6 th P.M. at a point 95 feet from the Section Line and 2,510 feet from the est Section Line. Source: Groundwater tributary to the Yampa River, depth: 15 Feet. Appropriation Information: Date of Appropriation: May 1, How Appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to placement of pump into well and beneficial use of water. Date ater placed to beneficial Use: May 1, Amount Claimed: Total claim gallons per minute (0.25cfs) of which 30 gallons per minute (0.07 cfs) is claimed Absolute and 82 gallons per minute (0.18 cfs) is claimed Conditional. Proposed Use: Industrial uses, including dust suppression, compaction, cleaning and other industrial uses associated with the Milner Landfill. Name and address of owner: The well and water use are located entirely on the Applicant s property. Name of Structure: Twin Landfill ell No. 2. Name of well and permit, registration or denial number. Permit will be applied for in the future. Legal description: Located in the SE1/4 S1/4, Section 16, T6N, R86 of the 6 th P.M. at a point 994 feet from the Section Line and 2,228 feet from the est Section Line. Source: Groundwater tributary to the Yampa River. Depth: 10 Feet. Appropriation Information: Date of Appropriation: August 23, How Appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to field inspection of the gravel pit well and development of plans to construct and operate a gravel pit operation at this site. Date ater placed to beneficial use: NA. Amount Claimed: 350 gallons per minute (0.77 cfs), Conditional. Proposed Use: Industrial uses, including dust suppression, gravel washing, cleaning and other industrial uses associated with a proposed gravel pit operation. Name and address of owner: The well and gravel pit operation will be located on property owned by the Applicant. Name of Structure: Milner Landfill Domestic ell. Name of well and permit: ell Permit No A. Legal description: Located in the N1/4 SE1/4, Section 16, T6N, R86 of the 6 th P.M. at a point 1,600 feet from the Section Line and 1,560 feet from the Section Line. Source: Groundwater tributary to the Yampa River. Depth: 115 Ft. Appropriation Information: Date of Appropriation: September 18, How Appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to beneficial use and operation of drinking water and sanitary facilities at the Milner Landfill. Date ater placed to beneficial Use: June 26, Amount Claimed: 15.0 gallons per minute, Absolute. Proposed Use: Domestic, including use of water for drinking and sanitary facilities at the Milner Landfill. Name and address of owner: The well and water use are located entirely on the Applicant s property. Applicant requests a Decree which: Finds that all notice and jurisdictional requirements have been met, including, without limitation, as required under C.R.S ; Confirms and decrees the water rights as above described; Determines that the water rights claimed herein are part of integrated water supply systems to serve the Milner Landfill, and that diligence with respect to one component of the integrated water supply systems constitutes diligence with respect to the entirety of the systems; and Grants to Applicant such other relief as to the Court deems just and proper. PAGE 2

3 Case No. 06C10 for a Change of ater Rights and Amendment of Plan for Augmentation Routt County. Direct all pleadings to Attorney Glenn E. Porzak, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO Name and address of Applicant: Steamboat Alpine Development, LLC, c/o Andy Daly, 143 E. Meadow Drive, Suite 490, Vail, Colorado 81657, Description of ater Right To Be Changed: By decree of the District Court in and for ater Division No. 6 in Case No. 97C78 dated January 9, 2001, an underground water right was decreed to the Priest Creek ell for 200 gpm, with 70 gpm decreed absolute and 130 gpm decreed conditional. The decreed uses are domestic and household uses; irrigation of lands and landscaping adjacent to residences; stock water for livestock; and fire protection. The decreed location of the Priest Creek ell is in the NE1/4 SE1/4 of Section 33, Township 6 North, Range 84 est, 6 th P.M. at a point 1,375 from the Section Line and 780 feet from the Section Line. The decreed depth of the well is 20 feet and the decreed source is water in the alluvium of alton Creek, a tributary of the Yampa River. The Priest Creek ell has ell Permit F. The decree in Case No. 97C78 also approved a plan for augmentation allowing use of the Priest Creek ell to supply water to proposed subdivisions consisting of 120 homes on 60 lots, with each lot having an average of 4,000 square feet of irrigated lawns and gardens (the Approved Augmentation Plan ). The decree determined that the total water division requirements under the Approved Augmentation Plan would be 55 acre feet per year. Replacement water for the out of priority depletions resulting from these diversions was provided under a water allotment contract from the Upper Yampa ater Conservancy District out of Stagecoach Reservoir for 100 acre feet. The existing Priest Creek Ranch Subdivision consists of 13 lots with up to 26 potential dwelling units, leaving 47 lots and 94 dwelling units for future development under the Approved Augmentation Plan. Applicant intends to develop its property into a total of 76 lots, with a total of 124 dwelling units, which is 16 more lots and 4 more dwelling units than currently referenced under the Approved Augmentation Plan. Applicant desires to amend the Approved Augmentation Plan to reflect this additional level of development and confirm the depletion assumptions under the Approved Augmentation Plan. Applicant also desires to drill and use five wells (the New ells ) in addition to the existing Priest Creek ell. These New ells will be additional alternate points of diversion for the Priest Creek ell, and will be completed into the same alluvium as the existing Priest Creek ell, at estimated depths of 20 to 60 feet. The New ells are projected to be located in the SE1/4 of Section 33, Township 6 North, Range 84 est, 6 th PM, as depicted on the map (available for viewing in Court file), and described as follows: ell No. Distance from Distance from Section Line Section Line 1 1,000 ft. 1,200 ft ft. 1,200 ft ft. 1,800 ft. 4 1,400 ft. 1,800 ft. 5 1,800 ft. 1,200 ft. Prior to entry of a final decree and without need to republish, Applicant seeks the right to change the locations of the New ells as may be necessary to maximum well yields, provided that the final locations are within the SE¼ of said Section 33. Change of ater Right. Applicant seeks to have each of the New ells decreed to be an alternate and supplement point of diversion for the existing Priest Creek ell. Total diversions at the existing Priest Creek ell and the New ells PAGE 3

4 shall not exceed 200 gpm. Amendment of Approved Augmentation Plan. As discussed above, Applicant desires to increase the total number of lots served by the Approved Augmentation Plan from 60 to 76, and the total number of dwelling units served under the Approved Augmentation Plan from 120 to 124. The Approved Augmentation Plan determined that the total water diversion requirements of 60 lots and 120 homes was 55 acre feet per year. By this amendment, Applicant seeks to confirm that 10% of the water diversion requirement for in house domestic use will be consumed as individual septic systems are used, and 85% of the water diverted for outside irrigation will be consumed. At full build out (a) the total in house domestic use will be 48.6 acre feet (124 units x 350 gallons/day/unit), of which approximately 5 acre feet will be consumed; and (b) the irrigation use will be 14 acre feet (76 lots x 4000 sq. ft./lot = 7 acres x 2 af/acre), of which approximately 12 acre feet will be consumed. Accordingly, Applicant will commit to the Approved Augmentation Plan as amended a minimum of 17 acre feet of water from its existing allotment contract from Stagecoach Reservoir. Stagecoach Reservoir is decreed for 33,500 acre feet for a multitude of uses directly or by augmentation and exchange, and is located on the Yampa River in Section 36, T 4N R 85 and in Sections 28-32, T 4N R 84 and in Sections 1 and 2, T 3N R 85 6th P.M. 5. Remarks: The Approved Augmentation Plan was decreed to Priest Creek Ranch, LLC and the Priest Creek ell is owned by Priest Creek Ranch, LLC. Applicant owns 100% of the stock of Priest Creek Ranch, LLC. The lands upon which the New ells will be located are owned by Priest Creek Ranch, LLC and/or the Applicant. Stagecoach Reservoir is owned by the Upper Yampa ater Conservancy District. HEREFORE, Applicant requests that this Court enter a decree which: (i) Grants the change of water right described in paragraph 3 above; (ii) Approves the changes to the plan for augmentation described in paragraph 4 above; and (iii) Finds that there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right as a result of such changes or amendments. The following are Amended Applications previously published: 03C72 - AMENDED APPLICATION FOR CHANGE OF ATER RIGHT Routt County. Name, address, telephone number of applicants): Michael J. Holloran and Susanne H. Holloran, P.O. Box , Telephone Number: (970) Name of Structure for which change is sought: Baxter Ditch. From Previous Decree: Date Entered: For Nos. 1, 2, and 3 Pump Stations: Baxter Ditch, Priority No. (78) 87, September 22, 1892, with a priority date of November 18, 1889 and Baxter Ditch, Priority No. 191C, Decree Date April 10, 1941 and a Priority Date of October 1, Decreed Point of Diversion (map in court file). Point of diversion for Priority No. (78) 87 and Priority No. 191C is the same and it is 1700 feet from the Section line and 200 feet from the Section line of Section 17 in the: S¼ SE¼, Section 17, T5N, R 84 est of the 6 th P.M. Source: Yampa River: Appropriation Date: September 22, 1892 and October 1, 1939; Amount:.5 cfs for each water right at each of the three Pump Stations, i.e.: a total of 1.5 cfs from Priority No. (78) 87 and 1.5 cfs from Priority No. 191C. Historic Use:(Include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist.) Proposed change: Applicant proposes three separate, alternate points of diversion with.5 cfs of the Priority No. (78) 87 water right at each alternate point and.5 cfs of the Priority No. 191C PAGE 4

5 water right at each alternate point of diversion. Applicant will pump the water from each alternate point of diversion to supplemental water to irrigate real property compromising approximately 100 acres located in the ½ of Section 8, T5N, R 84, 6 th PM. Pump Station No. 1: Description: Routt County, N¼, SE¼, Sec 8, T5N, R 84, 6 th PM. Distance from section lines: 1667 Ft from S and 2280 Ft from E. Additional description: (Points were averaged) Northing N, ing E. Pump Station No. 2: Description: Routt County, S¼, NE¼, Sec 8, T5N, R84, 6 th PM. Distance from section lines 2575 ft from N, 2297 from E. Additional Descriptions (points were averaged) Northing N, ing E. Pump Station No. 3: Description: Routt County, N¼, NE¼, Sec 8, T5N, Range 84, 6 th PM. Distance from section lines 494 ft from N and 2300 ft from S. Additional description (points were averaged) Northing N, ing E. The water will be used on land owned by Applicants and the Pump Stations will be on land owned by Applicants. You are hereby notified that you will have until the last day of May, 2006, to file with the ater Court, in quadruplicate, 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 Statement of Opposition must be served on the Applicant or the Applicant s Attorney, with an affidavit or certificate of such service being filed with the ater Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $70.00, and should be sent to the Clerk of the ater Court, Division 6, PO Box , Steamboat Springs, CO ROUTT COUNTY COMBINED COURT ATER DIV. 6 By: Sharon Martin, Deputy Clerk PAGE 5