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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 March 2020.2020CW9 ROUTT COUNTY Application for Finding of Reasonable Diligence. Lawrence & Christy Belton, PO BOX 773025, Steamboat Springs, CO 80487, matt@, 970-846-7885. Name of Reservoir: Harvey Chimney Creek Pond. Legal description of location of dam: SE4 NE4 of Section 27, Township 8N, Range 86W, 6th P.M., Routt County, CO. Source: Chimney Creek, tributary to Deep Creek, tributary to Elk River. Amount: 2.00 AF. Use: Wildlife watering, stock watering for approximately 350 head of cattle and horses, irrigation of approximately 20 acres on applicant’s property. UTM Coordinates: E329482 N4499186. Zone 13. Distance from section lines: 1526 Ft from N and 1303 F from E. Name of Well: Harvey Infiltration Gallery. Legal description of location of well: SE4 NW4 of Section 26, Township 8N, Range 86W, 6th P.M., Routt County, CO. Source: Alluvium of Deep Creek, tributary to Elk River, and the Elk River alluvium. Amount: 0.033 CFS. Use: Domestic use within a single-family residence and a barn, stock water uses for a 35 acre tract located in the SE4 NW4 of Section 26, Township 8N, 6th P.M., Routt County, CO. Depth: 10-50 Ft. UTM Coordinates: E3330362 N4499077. Zone 13. Distance from section lines: 1925 Ft from N and 1914 F from W. Date of Original Decree for both structures: 03/09/2014. Case No. 07CW117. Water Division 6. Appropriation Date for both structures: 04/25/2007. Detailed outline of what has been done towards completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed: We purchased a portion of the Harvey Ranch in August, 2019. The previous owner constructed the Harvey Chimney Pond and Harvey Infiltration Gallery as shown on the attached aerial imagery map. Irrigation use is shown on the separate map. Street Address for both structures: 22255 Routt County Road 52E, Steamboat Springs, CO 80487. Source of UTM’s and PLSS’s: Aquamap. Landowner: applicant.2020CW3011 Routt County, Yampa River. Application for Simple Change in Surface Point of Diversion for Flanders Ditch and Pumping Plant. 1. Name, mailing address, email address and telephone number of Applicant: Flanders Ranch LLC, P.O. Box 211, Hayden, CO 81639, (970) 629-9195. Please direct all communications to counsel: Matthew L. Merrill, MERRILL LAW LLC, (303) 947-4453 (telephone), matthew@ (email). 2. Decreed water right for which change is sought: A. Name of structure: Flanders Ditch and Pumping Plant. B. Original decree: In the Matter of the Adjudication of the Priorities of Rights to Use of Water in Water District Number 57, State of Colorado, Case No. 3081, Routt County District Court, Nov. 15, 1962. Subsequent to the original decree, the Colorado Division of Water Resources assigned WDID 5700536 to this structure. The original decree for the Flanders Ditch and Pumping Pipeline is attached as Exhibit A (exhibits available from water court). C. Original and most recent decreed point of diversion location: “North bank of Yampa River whence the W. 1/4 cor. Sec 35, T. 7 N. R. 88 W. 6th P.M. bears N. 50 deg. 19’ W. 2235.3 feet” in Routt County, Colorado. See Exhibit B (General Location Map, available from water court). D. Decreed source of water: Yampa River. E. Appropriation date: June 22, 1956. F. Total amount decreed to structure: 4 cubic feet per second (cfs), absolute. G. Decreed use: Irrigation. H. Amount of water right that Applicant intends to change: 4 cfs, absolute. 3. Proposed change in Flanders Ditch and Pumping Plant surface point of diversion. A. Description of change: Between approximately 1999 and 2001, the Yampa River channel changed and moved southwest. The river is no longer located at the originally decreed point of diversion for the Flanders Ditch and Pumping Plant. See Exhibit A (general location map). The change in stream channel prevented the Flanders Ditch and Pumping Plant water right from diverting its decreed 4 cfs flow rate at the originally decreed and constructed point of diversion. In 2001, Flanders Ranch LLC relocated the Flanders Pumping Plant to a new point of diversion on the Yampa River approximately 2,000 feet east and upstream of the original location, which is described in paragraph 3.B below. The new point of diversion is located on Applicant’s property at a location where the river channel is more stable and reinforced. The new Flanders Pumping Plant delivers water to the same Flanders Ditch and irrigates the same acreage as the original diversion location. The new Flanders Pumping Plant does not exceed the 4 cfs flow rate originally decreed to the water right. There are no decreed surface diversion points and no inflows from tributary surface streams located between the originally decreed location and the new point of diversion. The relocation of the Flanders Ditch and Pumping Plant point of diversion does not physically interfere with the complete use or enjoyment of any other absolute or decreed conditional water right. The new point of diversion does not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. The relocated point of diversion was established in compliance with C.R.S. § 37-86-111(1). As a result of the change in river channel and subsequent change in point of diversion pursuant to C.R.S. § 37-86-111, the point of diversion has become erroneously described in the applicable decree for the water right. See Exhibit A (original decree). Flanders Ranch LLC has diverted at the location described in paragraph 3.B since 2001 with intent to divert pursuant to the Flanders Ditch and Pumping Plant water right originally decreed in Case No. 3081. B. Location of the new surface point of diversion: UTM location in Zone 13 from State Engineer’s CDSS database: UTMx 311468; UTMy 4487517. PLSS Location: In the SW? SE? of Section 35, Township 7 North, Range 88 West of the 6th Principal Meridian, Routt County, Colorado. Street Address for Flanders Ranch (note: the location of the point of diversion can be accessed from the ranch headquarters but is not physically located at the street address): Flanders Ranch LLC, 10785 County 70, Hayden, Colorado 81639. 4. Remarks: In this case, Applicant seeks a decree changing the point of diversion to the location described in paragraph 3.B pursuant to C.R.S. § 37-92-305(3.5). Alternatively, Applicant seeks a decree confirming the point of diversion described in paragraph 3.B pursuant to C.R.S. § 37-92-305(3.6) because the original decree has become erroneous in its description of the point of diversion. Applicant seeks to proceed with a single claim to change the Flanders Ditch and Pumping Pipeline decreed point of surface diversion in response to the changes in the Yampa River stream channel. Applicant does not seek any other changes to the Flanders Ditch and Pumping Plant water right. 5. Owners of land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed: Applicant.2020CW3012 Routt County. Circle C Ranch trough Creek, LLC, C/O Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534, (970)622-8181Application for Finding of Reasonable Diligence and to Continue Water Water in Routt County. 2. Name of Structure: Energy Fuels Reservoir No. 2, Recreational Use Enlargement. 3. Conditional Water Storage Right: 3.1. Previous Decree: Case No. 11CW47, decree dated March 10, 2014, Water Division No. 6. 3.2. Legal Description of the Dam. From the NW corner of Section 6, T5N, R85W, of the 6th P.M., to the East point of the dam, S59°36’22” E 1251.53 feet; from the same NW corner to the West point of the dame, S29°57’07” E 1,389.37 feet. Also described using PLSS location from AquaMap database available through the Division of Water Resources as the center point of the dam located in the NW ? of the NW ? of Section 6, Township 5 North, Range 85 West of the 6th P.M., at a point approximately 760 feet from the North Section Line and approximately 920 feet from the West Section Line, in Routt County Colorado. 3.3 Appropriation Date. June 30, 2009. 3.4. Amount Claimed. 15,000 acre-feet (active capacity), conditional with right to fill and refill when in priority up to an aggregate annual amount of 30,000 acre-feet. 3.5. Source. Trout Creek, a tributary to the Yampa River. 3.6. Use. Recreation (fishing and boating) and aesthetic. 3.7. Surface area of High Water Line: Approximately 400 acres. 3.7.1. Vertical height of dam: Approximately 86 feet. 3.7.2. Length of dam: Approximately 1,950 feet. 3.8. Remarks: The decree entered in Case No. 11CW47 approved a use enlargement of the rights for Energy Fuels Reservoir No. 2 originally decreed in W-1256-77 by approving recreation and aesthetic uses. The recreation and aesthetic uses will be developed concomitantly with the other conditional water rights owned by Applicant for Energy Fuels Reservoir No. 2 which, as decreed in W-1256-77, include irrigation, fish propagation, domestic, industrial, commercial, mineral processing, suppression of fugitive dust, electrical generation, fire prevention, stock watering, exchange, substitution, replacement and augmentation. 4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures to justify finding of reasonable diligence: The prior owner expended substantial amounts of money (total over $900,000.00) on studies related to the feasibility of the construction of the reservoir. Since entry of the decree in this case (March 10, 2014) an initial study report was completed in June 2014, discussions regarding dam licensing with FERC were ongoing in August 2014 and a second study report was submitted in June 2015, which included a geotechnical investigation, existing channel conditions and sediment supply study, channel morphology study, review and analysis of the results from a groundwater monitoring wells study, hydrology and stream flow assessment study and hydrological effects analysis on flows in the Yampa River, temperature and dissolved oxygen monitoring study, stream and reservoir water quality monitoring study, flow/habitat effects evaluation on fishery resources in Trout Creek and Yampa River study, fish species and longitudinal habitat utilization study, fish entrainment study, whirling disease study, noxious weed study, wildlife, migratory bird and raptor survey study, wetland delineation, transportation system assessment, recreation study and a cultural resources survey. Additionally, Applicant has expended approximately $10,000.00 continuing to study the technical feasibility of the dam and reservoir. 5. Integrated System. The use enlargement decreed in Case No. 11CW47 is part of an integrated water system for the development of the water rights for Energy Fuels Reservoir No. 2. Applicant requests the Court find that completion of diligence activities for any of the rights claimed for Energy Fuels Reservoir No. 2 be deemed sufficient to show that Applicant has been diligent in developing all of the water rights associated with the Energy Fuels Reservoir No. 2. 6. Name and Address of Owners of Land Upon Which any New Diversion or Storage Structure or Modification to 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: 6.1. Applicant will own the dam and outlet structures and the land upon which the dam and outlet structures will be located. 6.2. In addition to the Applicant’s land, the storage pool for Energy Fuels Reservoir No. 2 may be located on property owned by the following landowners: 6.2.1. Mountainair Ranch, LLC 34115 Routt County Road 33, Steamboat Springs, CO 80487. 6.2.2. United States of America, BLM, 455 Emerson St., Craig, CO 81625.6.2.3. 6.2.3. Windsong Acres LLC, 4462 Hilltop Rd, Longmont, CO 80504. 7. Wherefore, Applicant requests the Court to enter a decree (a) finding that Applicant has been diligent in the development of the conditional water storage right for Energy Fuels Reservoir No. 2, and (2) continuing the conditional water storage right for Energy Fuels Reservoir No. 2, and such other and further relief as the Court finds just. 2020CW3014(Prior Cases No. 09CW30 & 99CW74) Routt County Application for Finding of Reasonable Diligence and to Make Conditional Water Rights Absolute 1. Name, mailing address, email address, and telephone number of Applicant: Creek Ranch Owners Association, c/o Gerald Audesirk, President, 24950 Headquarters Road, Oak Creek, CO 80467, (970) 871-6026, with copies to: Karl D. Ohlsen and Katrina Fiscella, Carlson, Hammond & Paddock, L.L.C., 1900 Grant Street, Suite 1200, Denver, CO 80203, Phone: (303) 861-9000; Email: kohlsen@chp-, kfiscella@chp-. 2. Names of structures: Creek Ranch Headgate No. 1, Creek Ranch Headgate No. 2, Headquarters Lake Feeder Ditch, Baker Lake Feeder Ditch. 3. Date of original decree: July 3, 2003, Case No. 99CW74, District Court, Water Division No. 6, State of Colorado. 4. Subsequent decree awarding finding of diligence: March 13, 2014, Case No. 09CW30, District Court, Water Division No. 6, State of Colorado. 5. Description of conditional water rights: 5.1 Creek Ranch Headgate No. 1. 5.1.1. Legal Description of Point of Diversion: Located in the NE ?, NW ? of Section 19, Township 5 North, Range 85 West of the 6th P.M., 841 feet from the North section line and 3,187 feet from the East section line. 5.1.2. Source: Trout Creek. 5.1.3. Appropriation Date: December 30, 1999. 5.1.4. Amount: 3.5 c.f.s. (conditional). 5.1.5. Decreed Use: Irrigation of approximately 180 acres located in Township 5 North, Range 85 West of the 6th P.M. including Creek Ranch Land Preservation Subdivision Remainder Parcels A and B, according to the plat thereof recorded in Routt County on September 14, 1999, Reception No. 516641, File No. 12787, and adjacent property. 5.2. Creek Ranch Headgate No. 2. 5.2.1. Legal Description of Point of Diversion: Located in the SE ?, NE ? of Section 18, Township 5 North, Range 85 West of the 6th P.M., 1,363 feet from the North section line and 813 feet from the East section line. 5.2.2. Source: Trout Creek. 5.2.3. Appropriation Date: December 30, 1999. 5.2.4. Amount: 2.5 c.f.s. (conditional). 5.2.5. Decreed Use: Irrigation of approximately 80 acres located in Section 17, Township 5 North, Range 85 West of the 6th P.M. 5.3. Headquarters Lake Feeder Ditch. 5.3.1. Legal Description of Point of Diversion: Located in the SE ?, SE ? of Section 18, Township 5 North, Range 85 West of the 6th P.M., 24 feet from the South section line and 692 feet from the East section line. 5.3.2. Source: Trout Creek. 5.3.3. Appropriation Date: December 30, 1999. 5.3.4. Amount: 0.25 c.f.s. (conditional). 5.3.5. Decreed Use: Recharge of the Headquarters Lake and maintenance of the flow of water through Headquarters Lake in conjunction with the direct-flow right for natural inflow to Headquarters Lake decreed in Paragraph B.5 of the decree entered in Case No. 99CW74. 5.4. Baker Lake Feeder Ditch. 5.4.1. Legal Description of Point of Diversion: Located in the NE ?, NW ? of Section 19, Township 5 North, Range 85 West of the 6th P.M., 710 feet from the North section line and 2,390 feet from the West section line. 5.4.2. Source: Trout Creek. 5.4.3. Appropriation Date: December 30, 1999. 5.4.4. Amount: 0.25 c.f.s. (conditional). 5.4.5. Decreed Use: Recharge of the Baker Lake, Thames Lake, and the Duck Pond and maintenance of the flow of water through the lakes in conjunction with the direct-flow rights for natural inflows to the lakes claimed in Paragraphs B.6, B.7, and B.8 of the decree entered in Case No. 99CW74. 5.5. The locations of the Creek Ranch Headgate No. 1 and Baker Lake Feeder Ditch are depicted on Exhibit A attached hereto. The locations of the Creek Ranch Headgate No. 2 and Headquarters Lake Feeder Ditch are depicted on Exhibit B attached hereto. The lands to be irrigated by the Creek Ranch Headgate No. 1 and Creek Ranch Headgate No. 2 are depicted on Exhibit C attached hereto. 5.6. The conditional water rights for Creek Ranch Headgate No. 1, Creek Ranch Headgate No. 2, Headquarters Lake Feeder Ditch, and Baker Lake Feeder Ditch as described in this paragraph 5 are hereinafter collectively referred to as the “Conditional Water Rights.” 6. Integrated System. Pursuant to the decrees entered in Cases No. 99CW74 and 09CW30, the Conditional Water Rights are part of the integrated water supply system that serves the Creek Ranch Owners Association. 7. Provide a detailed outline of what has been done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed, including expenditures: 7.1. During the diligence period, Applicant engaged Colorado River Engineers for engineering consultation and analysis regarding flowmeters for the ponds fed by the Headquarters Lake Feeder Ditch and the Baker Lake Feeder Ditch. Engineering costs in the amount of $1,090.10 for such services were incurred and paid. 7.2. During the diligence period, Applicant incurred and paid equipment and installation costs in the amount of $10,552.49 for two flowmeters, a flowmeter cable, and a conduit for a flowmeter cable serving the ponds fed by the Headquarters Lake Feeder Ditch and the Baker Lake Feeder Ditch. 7.3. During the diligence period, Applicant incurred and paid costs in the amount of $11,406.81 for maintenance and repair of the Creek Ranch Headgate No. 1, Creek Ranch Headgate No. 2, Headquarters Lake Feeder Ditch, and Baker Lake Feeder Ditch and related infrastructure. 7.4. During the diligence period, the land decreed to be irrigated by the Creek Ranch Headgate No. 1 and Creek Ranch Headgate No. 2 was irrigated using water leased from a neighboring water holder. The leased water currently used to irrigate these lands is subject to a change decree and in the future may no longer be available for irrigation use by Applicant, at which time Applicant will begin diverting water decreed to Creek Ranch Headgate No. 1 and Creek Ranch Headgate No. 2 for irrigation of these lands. During the diligence period, Applicant paid a total of $19,036.60 to lease the water used to irrigate these lands. 7.5. During the diligence period, Applicant incurred and paid legal fees for work preparing for and filing the application in this matter, and in reviewing the Water Division No. 6 resume to ensure that the Conditional Water Rights are adequately protected against injury. 8. If claim to make absolute in whole or in part: Applicant seeks confirmation that the conditional water rights for the Headquarters Lake Feeder Ditch and Baker Lake Feeder Ditch (described in paragraphs 5.3 and 5.4 of this Application) have been made absolute by reason of diversion of the full amount decreed to each water right (0.25 c.f.s.) and application to decreed beneficial uses in April 2014 and continuing throughout the diligence period. 8.1. The location of beneficial use for the Headquarters Lake Feeder Ditch is depicted on Exhibit B attached hereto. The locations of beneficial use for the Baker Lake Feeder Ditch water right are depicted on Exhibit A attached hereto. 8.2. A spreadsheet summarizing available monthly average and peak flows for both structures is attached hereto as Exhibit D. 9. 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: All structures described in this application are located on land owned by the Applicant. 10. Remarks or any other pertinent information: N/A. 2020CW8 Moffat County. Application to Make Absolute in Whole or in Part. Applicant: Jay L. Wagner and Wagner Ranches LLC; 1850 E. 1st St., Craig, CO 81625; wagnercorp@; 970-629-2709. Name of Structure: Sulphur Ditch. Legal Description: NW4 NW4 Sec. 17; Township: 5N; 6th PM; Range: 91W. Source: Sulphur Ditch is Tributary to Sulphur Gulch, Tributary to Williams Fork tributary to Yampa River. Name of Structure: Deer Run Pump. Legal Description: SW4 SW4; Sec: 8; Township 5N; 6th PM; Range: 91W. UTM Coordinates for both structures: 276171.45E 4474930.44N; Zone 13; Street Address: 30 CR 47, Hamilton, CO 81638. Source of UTM’s: Hand-held Garmin GPS. Date of Original Decree: August 19, 2003; Case No.: 02CW111; Court: Routt County Combined Courts. List all subsequent decrees awarding findings of diligence: Date of Decree: August 31, 2009; Case No.: 09CW40; Court: Routt. Legal Description: See attached legal description- Attachment “A”. Source of water: Sulphur Ditch is tributary to Sulphur Gulch, tributary to Williams Fork tributary to Yampa River. Deer Run Pump is tributary to Williams Fork River, tributary to Yampa River. Appropriation Date: Both structures: August 11, 2000. Amount: Sulphur Ditch; 0.05 CFS Conditional Deer Run Pump; 0.05 CFS Conditional. Use: Sulphur Ditch: Irrigation, Stock Watering, Wildlife Watering. Deer Run Pump: Domestic, Irrigation, Stock Watering, Wildlife Watering. Detailed outline of what has been done towards completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed: Deer Run Pump: Seasonal installation of 6” Engine driven pump to irrigate 20 AC hay field. Sulphur Ditch: Stock Watering. If claim to make absolute in whole or in part: Date water applied to beneficial use: Last, June 2019 Amount: 0.10CFS. Use: Irrigation and Stock Watering and Wildlife. Description of place of use where water is applied to beneficial use: Attached map shows around 20 AC to be irrigated. Location information in UTM format: Both structures are located together. E276171.45 N4474930.44. Zone 13. Street Address: 30 CR 47, Hamilton, CO 81638. Legal Description: NW4, NW4, Sec. 17, T5N, R91W, 6th PM. Landowner: applicant. Remarks or other pertinent information: Omit domestic use please.2020CW3010 MOFFAT COUNTY APPLICATION FOR ABSOLUTE STORAGE RIGHTS1. Applicants: Randy L Vincent and Tamara J Vincent, PO BOX 203, Jensen, Utah 84035, rvranch@, 435 789-1962 2&3.Name & Legal description: The following structures are all located in 6th P.M., Moffat County, Colorado, UTM Zone 12Name of ReservoirEastingNorthingTownship, Range, SectionCaldwell’s Pond675744.136564477328.93995T6N, R103W, Sec 36:NWSWTop Slough675422.507804471767.80385T5N, R103W, Section 14:S2SECorral Slough676335.570454472470.01386T5N, R103W, Section 13:NESWBottom Slough677243.066534472937.97888T5N, R103W, Section 13:SENEHead of Spike674929.385744473061.56845T5N, R103W, Section 14:NENWBottom of Spike676706.725924473734.91305T5N, R103W, Section 12:SWSEUpper Bobcat Spring677164.916004476244.73898T5N, R103W, Section 1:NENELower Bobcat Spring677158.705394476199.22884T5N, R103W, Section 1:NENEWall Pond671576.758454478215.56004T6N, R103W, Section 28:SESWMud Springs673491.647844472585.25115T5N, R103W, Section 15:SWNE4. Source: Name of ReservoirSourceCaldwell’s PondLocal drainage which would be a unnamed tributary of Red Rock Canyon, which is a tributary of Cottonwood Canyon which is a tributary to the Yampa RiverTop Sloughlocal drainage/ the Slough Springs, tributary to Turner Creek, tributary to Yampa RiverCorral Sloughlocal drainage/ the Slough Springs, tributary to Turner Creek, tributary to Yampa RiverBottom Sloughlocal drainage/ the Slough Springs, tributary to Turner Creek, tributary to Yampa RiverHead of Spikelocal drainage in the Spike Hallow Draw, tributary to Turner Creek, tributary to Yampa RiverBottom of Spikelocal drainage in the Spike Hallow Draw, tributary to Turner Creek, tributary to Yampa RiverUpper Bobcattributary to Turner Creek, tributary to Yampa RiverLower Bobcattributary to Turner Creek, tributary to Yampa RiverWall Pondlocal drainage, tributary to Red Rock Canyon, which is a tributary of Cottonwood Canyon, which is a tributary to the Yampa RiverMud Springslocal drainage from the Kine draw, which is a tributary of Mud Springs Draw, which is a tributary to the Slough Springs, tributary to Turner Creek, tributary to Yampa River6. A. Date of appropriation: Caldwell’s Pond, June 1, 1968; Top Slough, June 1, 1960; Corral Slough, June 1, 1960; Bottom Slough, June 1, 1960; Head of Spike, June 1, 1923; Bottom of Spike, June 1, 1923; Upper Bobcat Spring, June 1, 1950; Lower Bobcat Spring, June 1, 1950; Wall Pond, June 1, 1923; Mud Springs, June 1, 1958.B. How appropriation was initiated: Pond created.C. Date water applied to beneficial use: Same date as appropriation date above.7, 9, & 10. Amount claimed, Surface Area, Total Capacity of Reservoirs in acre feet:Name of ReservoirAmount Claimed(AF)Surface Area inAcresActive Capacity(AF)Dead Storage (AF)Caldwell’s Pond10.10Active:0Dead:1Top Slough21.00Active: 0Dead: 2Corral Slough32.30Active:0Dead:3Bottom Slough21.40Active:0Dead:2Head of Spike10.26Active:0Dead:1Bottom of Spike10.14Active:0Dead:1Upper Bobcat10.09Active:0Dead:1Lower Bobcat0.250.01Active:0Dead:.25Wall Pond10.18Active:0Dead:1Mud Springs10.14Active:0Dead:18. List All Uses or proposed Uses: Livestock watering at the source with the ability to transfer to storage tanks and use to water livestock11.Name and address of owners or reputed owners of the land upon which any new or existing 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: Applicants. 12.Remarks: While this water has been gathered in small ponds as early as the 1920’s no filings are known to exist. Historically used for livestock water in naturally created ponds and some built ponds with the same dates of appropriation. The purpose will be to use this water to water livestock for the summer grazing season. When water sources/ponds that go dry do to no snow pack and rain, we will transfer this water into a tank and trough system to get water into areas that do not have water to decrease grazing pressure in high use areas.2020CW7 RIO BLANCO COUNTY. Application for Absolute Water Storage Rights. Applicant: Keith Peterson, 7032 CR 2, Rangely, CO, 81648. doctorkeith@, 970-675-2123. Name of Structure: Slack Pond. Legal Description: E165205 N4442354, Zone 13. Street Address: Same as applicant. Source of UTM’s: Hand-held GPS. Accuracy: within 200 feet. Source: White River. Date of appropriation: April 1, 2008. How appropriation for all structures was initiated: Construction of off-channel pond, see figure 1. Amount claimed: Conditional-0.04 AF, Absolute-0.31 AF. Uses or proposed uses: Irrigation, fire protection, aesthetics, and evaporation. Number of acres historically irrigated: 15.5; Proposed acres to be irrigated: 15.5. Applicant does not intend to use this water right to supplement irrigation on an area already irrigated under another water right. Description of irrigated acreage: See attached. Surface area of high-water line: 0.08 Acres. Total Capacity of reservoir in acre feet: 0.31 AF. Dead Storage: 0.31 AF. Landowner: Applicant.18CW3060, Rio Blanco County, Colorado. Coal Creek tributary to the White River. Amended Application for Well and Surface Water Rights. Lunney Mountain, LLC, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. Applicant amended its application to change the source for the Cox Well to groundwater tributary to Coal Creek, tributary to the White River and the sources for the House Spring, Brumback Spring, Ferds Spring and Cabin Spring to springs tributary to Coal Creek, tributary to the White River. All other information contained in the original application remains the same. (5 pages, incl. 1 map).2020CW3013 Shooting Star Ranch, LLC, c/o Ted Mallon, Manager, 8832 West Phillips Road, Boulder, CO 80301, 720-379-3991, tmallonstudy@. APPLICATION FOR FINDING OF DILIGENCE IN JACKSON COUNTY. Attorneys for Applicant: Alperstein & Covell, P.C., Gilbert Y. Marchand, Jr., #19870, Cynthia F. Covell, #10169, Andrea L. Benson, #33176, 1600 Broadway, Suite 1070, Denver, CO 80202, phone: (303) 894-8191; fax: (303) 861-0420, gym@; alb@; cfc@. 1. Name, mailing address, e-mail address, and telephone number of Applicant: Shooting Star Ranch, LLC, c/o Ted Mallon, Manager, 8832 West Phillips Road, Boulder, CO 80301, 720-379-3991, tmallonstudy@. 2. Name of structure: Coffee Cake Lake. 3. The decree for the Coffee Cake Lake water right was entered on February 23, 1999 by the District Court, Water Division No. 6, in Case No. 97CW80. Subsequent decrees awarding findings of diligence were entered by the Court on May 3, 2007 in Case No. 05CW7; and on March 13, 2014 in Case No. 13CW3008. 4. Legal description from the most recent decree that adjudicated the location: Coffee Cake Lake is a proposed on-channel reservoir. The decreed location of the dam is in the northeast quarter of the northwest quarter of Section 35, Township 6 North, Range 79 West, 6th P.M., Jackson County, Colorado. The left abutment of the dam bears approximately South 72 degrees 30 seconds East a distance of 2,300 feet more or less from the northwest corner of said Section 35. The UTM coordinates for the left abutment of the dam centerline are Northing 4478590.0 meters, Easting 395896.0 meters (Datum: NAD83; UTM Zone 13). The PLSS legal description of the location of the left abutment of the dam centerline is in the northeast quarter of the northwest quarter of Section 35, Township 6 North, Range 79 West, 6th P.M., Jackson County, Colorado, approximately 730 feet from the north line and 2,180 feet from the west line of said section. The source of the UTM coordinates and PLSS description is Applicant’s consultant’s ArcMap software. An illustrative map is attached to the application filed with the Court. 5. Source: Unnamed tributary (sometimes locally referred to as “Cemetery Draw” or “Cemetary Draw”) of Willow Creek, tributary to the Illinois River. 6. Appropriation date: July 5, 1997. 7. Amount: 9.0 acre-feet, conditional, initial fill, with the right to one refill, per water year. The decreed diversion rate is the entire available inflow, conditional. 8. Uses: Stockwatering, irrigation, piscatorial, recreational, and wildlife. 9. Amount and location of irrigated acreage: Approximately 100 acres located approximately in the north half of the northeast quarter of Section 35 and in the south half of the southeast quarter of Section 26, Township 6 North, Range 79 West, 6th P.M., Jackson County, Colorado. These areas are discernible in the illustrative map filed with the Court. 10. Dimensions (from decree in Case No. 97CW080; these are not the dimensions associated with the proposed enlargement of the reservoir described in the decree in Case No. 99CW071): The surface area of the high water line is approximately 2.5 acres. The maximum height of the dam is approximately 13 feet. The length of the dam is approximately 673 feet. The total capacity of the reservoir is 9 acre-feet, all of which may be active capacity. 11. Provide 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, during the subject diligence period. During the subject diligence period (from March 13, 2014 through the time of filing this application), Applicant has undertaken the following actions toward completion of the appropriation. 11.A. The subject Coffee Cake Lake water right is integrally connected to the Coffee Cake Lake Enlargement water right decreed by this Court in Case No. 99CW71. During the subject diligence period, Applicant completed the work necessary to obtain a decree finding reasonable diligence toward the completion of the appropriation associated with the Coffee Cake Lake Enlargement water right. This Court entered that diligence decree on January 18, 2016 in Case No. 15CW3001. 11.B. On November 21, 2016, Applicant executed deeds and an agreement concerning the subject Coffee Cake Lake water right. Among other things, the deeds conveyed to One BOS, LLC: (1) the irrigation and stockwatering use of the subject Coffee Cake Lake water right, subject and subordinate to its piscatorial, recreational, and wildlife uses (including the re-fill right associated therewith), which uses and water rights were expressly reserved and excepted by Applicant, and also subject to the Agreement Concerning Water Rights and Water Systems between Shooting Star Ranch, LLC, and One BOS, LLC, that was executed contemporaneously with the deeds and (2) the land associated with the irrigation and stockwatering uses of the subject Coffee Cake Lake water right. 11.C. Applicant and its attorney held a meeting on February 4, 2020, at which the decision was made to retain Tessara Water, Inc. (“Tessara”) to investigate the feasibility of redesigning Coffee Cake Lake and, in connection therewith, to resume the flow measurement program that is discussed in the previous diligence decrees in Case Nos. 07CW20 and 13CW3008. The program would measure flows in Cemetery Draw and Indian Campground Draw, which are sources of water for the Coffee Cake Lake water right. Applicant intends to resume the flow measurement program during the irrigation season of 2020. 11.D. Applicant retained Tessara for engineering support toward the development of the Coffee Cake Lake water right. Applicant expects Tessara to investigate more cost-effective options of designing and constructing the lake. Applicant has a field meeting with Tessara presently scheduled for May of 2020. 11.E. As found by this Court in Case No. 97CW80, Coffee Cake Lake is expected to capture releases or bypasses from the up-gradient Black Wolf Lake, which is equipped with an outlet pipe and control valve to regulate the reservoir and to enable water to be passed through the dam. Throughout the diligence period, Applicant has continued to operate and maintain Black Wolf Lake and the associated Black Wolf Lake water right. There continues to be a thriving ecosystem with trout in the lake. Applicant reset the weir at Black Wolf Lake in June of 2018, and monitors and maintains the flume. The trash rack has been frequently cleaned. The windmill was improved in September of 2019, and Applicant is investigating replacement of the connected aerator/bubbler. 11.F. Regarding the decreed irrigation use of the Coffee Cake Lake water right, pursuant to the November 21, 2016 deeds described in paragraph 11.B., above, Applicant transferred ownership of the lands depicted on the attached map where the Coffee Cake Lake water is expected to be applied, and the lands have continued to be maintained and irrigated. Hay has been produced on an annual basis from those lands, and the lands have been grazed. 11.G. Pursuant to the Agreement Concerning Water Rights and Water Systems between Shooting Star Ranch, LLC, and One BOS, LLC, described in paragraph 11.B., above, Applicant is responsible for compliance with the legal requirements associated with the Coffee Cake Lake water right, with the cooperation of One BOS, LLC. The parties have cooperated in filing this application. 11.H. Applicant has incurred legal fees in connection with the above-described deeds, agreement, and Case No. 15CW3001. 11.I. At the time of filing this application, Applicant notes that, due to the COVID-19 outbreak situation, there are economic conditions that are beyond the control of Applicant that could adversely affect the timing of the currently anticipated planning and construction of Coffee Cake Lake. Notwithstanding those conditions, other facts and circumstances which show diligence are present, and Applicant still intends to complete the development of the appropriation. 12. Names(s) and address(es) of owner(s) 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: Same as Applicant, described in paragraph 1.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 May 2020 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/ Kimberly A. Marshall Deputy Court Clerk ................
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