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DISTRICT COURT, WATER DIVISION 6, COLORADOTO ALL PERSONS INTERESTED IN WATER APPLICATIONSIN WATER DIVISION 6Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of October 2019.2019CW3026 Routt County (14CW3157, 98CW427) COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION, 6060 Broadway, Denver, Colorado 80216. (Please address all correspondence and inquiries regarding this matter to Heather A. Warren, heather.warren@, 720-508-6265 and Elizabeth M. Joyce, elizabeth.joyce@, 720-508-6761, 1300 Broadway, 7th Floor, Denver, CO 80203.)1. Application to Make Water Rights Absolute and for Findings of Reasonable Diligence in ROUTT COUNTY. Name, mailing address, e-mail address, and telephone number of Applicant: Colorado Division of Parks and Wildlife (“CPW”) Attn: Ed Perkins, Water Rights Administrator 6060 Broadway, Denver, Colorado 80216, 303-291-7466, ed.perkins@state.co.us. 2. Description of conditional water rights to make absolute: A. East Pond Well, Permit No. 64134-F, WDID 5705040: 1) Original Decree: June 18, 2004, Case No. 03CW23, District Court, Water Division 6, Routt County, Colorado. 2) Subsequent Decrees Awarding Findings of Diligence: October 25, 2013, Case No. 10CW35, District Court, Water Division 6, Routt County, Colorado. 3. Subsequent Decree Correcting Established but Erroneously Described Point of Diversion: October 25, 2014, Case No. 13CW3036, District Court, Water Division 6, Routt County, Colorado. 4. Location: The location of the East Pond Well is described as follows: a. UTM Format (NAD 83, Zone 13; units in meters): Northing 4484887, Easting 304099. b. Public Land Survey System Format: NW1/4 of the SW1/4 of Section 7, Township 6 North, Range 88 West, 6th P.M., 980 feet east of the west section line and 2580 feet north of the south section line, Routt County. 5) Source: Alluvium of Yampa River. 6) Appropriation Date: October 29, 1998. 7. Amount: 30 gpm, CONDITIONAL. The annual evaporative depletion from the East Pond Well shall not exceed 0.72 acre-feet. The surface area of the pond shall not exceed 0.33 acres. 8) Uses: Evaporation, recreation, piscatorial, fire protection. B. Yampa Park Well No. 1, Permit No. 64133-F, WDID 5705041: 1) Original Decree: June 18, 2004, Case No. 03CW23, District Court, Water Division 6, Routt County, Colorado. 2) Subsequent Decrees Awarding Findings of Diligence: October 25, 2013, Case No. 10CW35, District Court, Water Division 6, Routt County, Colorado. 3) Subsequent Decree Correcting Established but Erroneously Described Point of Diversion: October 25, 2014, Case No. 13CW3036, District Court, Water Division 6, Routt County, Colorado. 4) Location: The location of the Yampa Park Well No. 1 is described as follows: a. UTM Format (NAD 83, Zone 13; units in meters): Northing 4484683, Easting 304409. b. Public Land Survey System Format: NE1/4 of the SW1/4 of Section 7, Township 6 North, Range 88 West, 6th P.M., 2024 feet east of the west section line and 1917 feet north of the south section line, Routt County. 5) Source: Alluvium of Yampa River. 6)Appropriation Date: June 18, 2002. 7) Amount: 30 gpm, CONDITIONAL, with an annual depletion not to exceed 14.65 acre-feet. 8. Uses: Irrigation of 1.8 acres of landscape and 4.9 acres of pasture, evaporation, recreational, piscatorial, and fire protection uses. The irrigated area for this water right is located within the NW1/4 of the SW1/4 of Section 7, Township 6 North, Range 88 West of the 6th P.M. The total acreage irrigated by the Yampa Park Well No.1 and the Headquarters Well combined shall not exceed 6.7 acres. The water right for the Yampa Park Well No. 1 may be used to fill the West Pond and East Pond structures. C. Remarks: 1) Out-of-priority depletions from East Pond Well and Yampa Park Well No. 1 are augmented under the plan for augmentation decreed in Case No. 03CW23 (WDID 5707013). 2.The Headquarters Well and West Pond Well structures referenced above were decreed absolute water rights in Case No. 03CW23 and are not at issue in this proceeding. 3. 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: The East Pond Well and Yampa Park Well No.1 water rights, along with several other water rights decreed absolute in Case No. 03CW23, provide water for recreation, fish, wildlife, and habitat, among other uses, at Yampa River State Park. The Yampa River State Park Headquarters office is located on Highway 40 between the cities of Craig and Hayden. Yampa River State Park offers several public access sites along a 134-mile stretch of the Yampa River between Hayden and the Dinosaur National Monument? near the Utah border. During the applicable diligence period, CPW put the water rights for the Yampa Park Well No. 1 to beneficial use as described below and has taken the following steps to diligently develop the East Pond Well conditional water right. This list is not intended to be exclusive and may be supplemented by additional evidence. In 2013, CPW filed an application in Case No. 13CW3036 to correct established but erroneously described points of diversion for the East Pond Well and the Yampa Park Well No. 1 pursuant to C.R.S. § 37-92-305(3.6) and a decree confirming the corrected descriptions was entered on October 25, 2014. In 2014, CPW also submitted applications to the Division of Water Resources to amend the well locations. From 2013 to 2019, CPW operated East Pond Well and Yampa Park Well No. 1 in accordance with the augmentation plan decreed in Case No. 03CW23 and provided monthly accounting records to the Division of Water Resources. During this last diligence period, CPW diverted and put to beneficial use 30 gpm at the Yampa Park Well No. 1. Because the irrigation right for the East Pond Well was cancelled, there is no need for a pumping rate for this structure as the only remaining uses are evaporation, recreation, piscatorial and fire protection, and therefore the 30 gpm claim is hereby relinquished. The maximum diversion and beneficial use amounts for East Pond Well and Yampa Park Well No.1 are described below in ?4. CPW had annual expenditures for permanent and seasonal staff salaries and for general operation and routine maintenance of the wells from 2013 to 2019 and the wells have been in continuous or seasonal use during the entire diligence period. 4. Claim to make conditional water rights absolute and for a finding of reasonable diligence: CPW requests that this court determine and decree that the following amounts have been made absolute for East Pond Well and Yampa Park Well No. 1. A. Dates and Amounts: 1) East Pond Well: evaporative depletions not to exceed 0.72 acre feet, have occurred annually during the diligence period. The claim for 30 gpm is hereby relinquished and abandoned. 2) Yampa Park Well No. 1: 30 gpm absolute on numerous occasions during the diligence period, including according to records in May, 2015.B. Uses: 1) East Pond Well: Evaporation, recreation, piscatorial, fire protection. 2) Yampa Park Well No. 1: Evaporation, recreation, piscatorial, fire protection, and irrigation of 1.8 acres of landscape and 4.9 acres of pasture. C. Description of place of use where water is applied to beneficial use: Water is applied to beneficial uses of evaporation, recreation, piscatorial and fire protection at the locations of the East Pond Well and Yampa Park Well No. 1 described above in ?2.A.4) and ?2.B.4). The location of irrigated acreage by the Yampa Park Well No. 1 is described above in ?2.B.8). Irrigation use occurs directly or after delivery into the East and West Pond Wells. D. Evidence of beneficial use: Water use records are attached as Exhibit A. A map showing the location of the structures is attached as Exhibit B. 5. Names of owners of land upon which structures are located. CPW WHEREFORE, the Colorado Division of Parks and Wildlife respectfully requests that this Court find that the conditional water rights for East Pond Well and Yampa Park Well No. 1 have been put to beneficial use in the amounts listed above in ?4 above for all decreed beneficial uses and enter a decree determining that said amounts have been made absolute and that the claim for 30 gpm for the East Pond Well is hereby relinquished and abandoned. In the alternative, that diligence has been shown and any conditional portion of the rights be maintained. 2019CW11 JACKSON COUNTY Application for Change of Water Right. Applicant: Steve Deline, Deline Land & Cattle, PO Box 772399, Steamboat Springs, CO 80477, npoutdoors@, 970-819-6122. Name of Structure: Darcy Reservoir. Date of Original and all relevant subsequent decrees: Nov 26, 1932. Case No: 26727.26122 Court: 8. ID# 3604. Legal Description: Reservoir. Decreed source of water: Lil Willow aka Rock Creek. Appropriation date: 7/9/1921. Total amount decreed to structure in gallons per minute or cubic feet per second: Absolute- 300 acre feet. Decreed uses: Irrigation & Livestock Watering. Amount of water that applicant intends to change: Absolute: 100 acre feet (99.89). 72.80 Rocky Ridge Res., 18.60 Buffalo Res., 4.32 Lost Creek #2., 4.26 Lost Creek #1. Detailed description of proposed change: The Darcy Reservoir is a large depression in sections 16 & 15 (6-79) Jackson County. Once water from the Darcy Ditch and Lost Creek are dumped into the Darcy Reservoir, the only way out is seep and evaporation unless over full which has never happened with only 300-acre feet. Transferring water into the other 4 reservoirs keeps the water in the Lost Creek Drainage and is better used. Location Information: Rocky Ridge Reservoir- UTM: E392236.714 N4482745.895. Upper Lost Creek or Lost Creek #1-UTM: E393068.548 N4481626.267. Buffalo Springs Dam- UTM: E392969.604 N4482318.243. Lower Lost Creek or Lost Creek #2- UTM: E393153.391 N4482433.363. All structures Zone 13. Source: Engineer. Landowner: Applicant2019CW3024 Moffat County TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. and the YAMPA PROJECT PARTICIPANTS, c/o Michael G. Sorensen, Senior Manager, Fuel and Water Resources, Tri-State Generation and Transmission Association, Inc., 1100 West 116th Avenue, Westminster, CO 80234, Telephone: (303) 452-6111, E-mail address: mgsorensen@. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq. and Andrea A. Kehrl, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301, Telephone: (303) 443-6151, Email: asl@; aak@ with a copy to Roger T. Williams, Esq., Tri-State Generation and Transmission Association, Inc., 1100 West 116th Avenue, Westminster, CO 80234, Telephone: (303) 254-3218, Email: rwilliams@. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN MOFFAT COUNTY. Tri-State is acting in this matter on its own behalf and on behalf of the Yampa Project Participants; the Yampa Project Participants include the following entities: (1) Tri-State Generation and Transmission Association, Inc., a Colorado cooperative corporation; (2) Salt River Project Agricultural Improvement and Power District, an Arizona agricultural improvement district; (3) PacifiCorp, an Oregon corporation, d/b/a PacifiCorp Electric Operations; (4) Platte River Power Authority, a Colorado political subdivision and power authority; and (5) Public Service Company of Colorado, a Colorado Corporation. Tri-State and the Yampa Project Participants shall herein be referred to collectively as “the Yampa Participants.” 2. Name of structure: Juniper Reservoir. 3. Description of conditional water rights from previous decrees: a. Original decree: Entered September 1, 1960, as amended June 22, 1962, in Civil Action No. 1278, District Court of Moffat County, State of Colorado. b. Subsequent decrees: Timely applications for finding of reasonable diligence have been filed in compliance with Colorado law, and each such application was granted, continuing the subject conditional water right in full force and effect: Case Nos. W10, entered on May?26, 1971; W14476, entered November?14, 1979; 80CW49, entered on September 3, 1981; 85CW107, entered on January?13, 1986; 89CW101, entered on August?30, 1990; 96CW62, entered on June?8, 1998; 04CW26, entered on November?25, 2006; and 12CW3008, dated October 22, 2013. All of these cases were adjudicated in the District Court for Water Division No.?6, State of Colorado. c. Location: The initial point of survey is located on the left abutment of the proposed dam at a point whence the West Quarter Corner of Section 17, Township 6 North, Range 94 West of the 6th?P.M., bears South 14E26' East at a distance of 180.7 feet. d. Appropriation date: June 8, 1954. e. Source: Yampa River and its tributaries. f. Amount: The Yampa Participants own 8,310 acre-feet, CONDITIONAL, decreed to Juniper Reservoir. g. Uses: Generation of electric energy and industrial uses, including irrigation, stock watering, and domestic coincident with the dominant industrial use, piscatorial, and recreational uses. h. Change of water right decree: The decree entered May?8, 1981 in Case No. 79CW110, District Court for Water Division No. 6, State of Colorado, changed, inter alia, the subject conditional water right to an alternate place of storage in the existing Elkhead Creek Reservoir, which is described below: i. Source: Elkhead Creek. ii. Decreed location: The initial point of survey of the high water line of Elkhead Creek Reservoir is located at a point whence the South Quarter Corner of Section?16, Township?7 North, Range?89 West of the 6th?P.M., bears South 34E47'13" East, a distance of 869.31?feet. This is also described as UTM Zone 13 NAD 83 (meters), Long. 298090 m, Lat. 4492392 m. i. Map: A map of Juniper Reservoir and Craig Generating Station is provided as Exhibit A. 4. Detailed outline of work and expenditures toward completion of the appropriation and application of the water to beneficial use: A. Tri-State is a wholesale electric generation and transmission cooperative association which supplies the electric power requirements of the service area of its owner-members on a non-profit basis through long-term contracts. Prudent utility planning requires long-range water supply planning and development to ensure that the necessary water supply will be available when required to meet increasing demand for electric power. B. The Yampa Participants own Units 1 and 2 of the Craig Station Power Plant, a thermal electric power plant consisting of three existing generating units with potential for expansion of use or capacity or upgrade of technology utilizing the same facilities at the same site. Tri-State is one of the Yampa Participants and is the operator of the Craig Station Power Plant. Tri-State itself owns and operates Unit 3 of Craig Station. The subject conditional water right is part of the water supply system for Craig Station Power Plant. The subject conditional water right is diligently maintained by Tri-State and the other Yampa Participants to ensure a long-term secure water supply for Craig Station Power Plant and any possible expansion or installation of or conversion to new technology, and they desire to continue said conditional right in full force and effect to ensure a long-term water supply for Craig Station. C. The decree in Case No. 04CW26, at paragraph 11, determined that the Juniper Reservoir water rights were part of an integrated water supply system for the Yampa Participant’s Craig Station Power Plant. Therefore, any activities undertaken during the diligence period on any water right that is part of these integrated water supply systems supports diligence toward all water rights comprising that system. D. Tri-State and the Yampa Participants have spent substantial sums of money during the diligence period for work related to ensuring adequate water supplies and related water supply facilities for the Craig Station Power Plant, including legal, environmental and other work to maintain the Craig Station water supply. Significant efforts toward the development of the subject Juniper Reservoir water right and its use at Craig Station include: (1) raw water and river water systems maintenance and water system capital improvements including importantly rebuilding of the valve systems at the point of diversion for Craig Station (exceeding $7M); and (2) air quality control upgrades (exceeding $25M). E. Tri-State and the Yampa Participants spent approximately $285,000 for operation, maintenance, and the annual service charge at Elkhead Creek Reservoir during the diligence period. Tri-State and the Yampa Participants paid in excess of $75,000 in attorney’s fees for the protection and development of its water rights portfolio, including the subject Juniper Reservoir water right. Tri-State and the Yampa Participants also dedicated significant staff time and resources to the same, including staff engineering and attorney time during the diligence period. F. Tri-State discussed with the City of Craig of and Colorado River District the parties’ development of water rights in Elkhead Creek Reservoir and entered into an agreement regarding the operation and maintenance of the expanded Elkhead Creek Reservoir. G. This list of activities during the diligence period is not intended to be all inclusive and Applicants reserve the right to provide additional information. 5. Names and addresses of owners or reputed owners 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. See Exhibit B attached hereto. Based on the foregoing, Applicants request the Court to enter a decree granting this application, finding that Applicants have exercised reasonable diligence in developing and completing the appropriation of this conditional water right during the subject diligence period and continuing the conditional decree and the conditional water rights in full force and effect for six?years from the month in which a final decree is entered in this case. (8 pgs., 2 Exhibits)2019CW3025 Rio Blanco County. Concerning the Application for Water Rights of David Elwood Bean in Rio Blanco County, Colorado, Application for Change of Water Right. Applicant: David Elwood Bean, 938 S. Vine Street, Denver, CO 80209, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. Structure: Arrington Ditch and Arrington Ditch, First Enlargement. Original Decree: 05/26/1942, CA0624, Rio Blanco County District Court. Location: The headgate is located on the left bank of said Big Beaver Creek at a point whence Corner No. 4 of Tract No. 50, Township One North, Range 91 West, 6th. P.M., bears South 16° 36’ East, 19.08 chains. Source: Big Beaver Creek. Appropriation Date: 5/24/1913 (Arrington Ditch); 05/25/1913 (Arrington Ditch First Enlargement). Amount: 0.56 cfs., absolute (0.17 cfs., absolute, Arrington Ditch; and 0.39 cfs., absolute, Arrington Ditch, First Enlargement). Uses: Irrigation. Amount of water that Applicant intends to change: 0.56 cfs., absolute. Location of the new surface point of diversion: GIS 40°00’17.1” N 107°38’51.8” W 40.004750, -107.647722. Detailed description of proposed change: This Application is filed for a simple change in surface point of diversion pursuant to C.R.S. § 37-92-305(3.5). There are no intervening water rights or diversion structures between the original point of diversion and the new point of diversion. The new point of diversion is downstream from the original point of diversion. Applicant is relocating the point of diversion for the Arrington Ditch described above due to streambank undercutting at the original point of diversion (which is lowering the streambed) and maintenance requirements associated with the ditch from its original point of diversion to the place of use on Applicant’s property. Applicant will divert Arrington Ditch water at the new location described above using a pump and pipeline and continue to irrigate the same lands historically irrigated by the Arrington Ditch. No new lands beyond those historically irrigated will be irrigated using the Arrington Ditch and Applicant intends to abandon the portion of the Arrington Ditch located above his property. Landowner Notification: The new structure is located on lands owned by Applicant. Applicant prays for a decree of the court changing the point of diversion and legal description for the Arrington Ditch and Arrington Ditch First Enlargement. (3 pages, 2 maps).The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.You are hereby notified that you will have until the last day of December 2019 to file with the Water Court 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 Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $192.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487.MARY ANN NINGERCLERK OF COURTROUTT COUNTY COMBINED COURTWATER DIVISION 6/s/ Julie A. Edwards Deputy Court Clerk ................
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