17CW_____ - Application to make ... .us



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 September 2018.18CW3027. ROUTT COUNTY. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. 1. Name and Address of Applicant: City of Steamboat Springs (the “City”), attn: Kelly Romero-Heaney, Water Resources Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings should be directed to: Steven J. Bushong and Karen L. Henderson, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, (303) 443-6800. 2. Overview: By this application, the City seeks a finding of reasonable diligence for the conditional portion of the Steamboat Springs Yampa River Municipal Well “A” water right. 3. Description of the Water Right. 3.1. Name of Water Right: Steamboat Springs Yampa River Municipal Well “A.” 3.2. Original Decree: Case No. 90CW160 entered on October 31, 1991, by the District Court, Water Division No. 6 (the “Water Court”). 3.3. Prior Diligence/Absolute Decrees: Previous findings of reasonable diligence or to make absolute were entered by the Water Court in Case No. 97CW52 on October 20, 1998; Case No. 04CW35 on December 11, 2005; and Case No. 11CW44 on September 30, 2012. 3.4. Decreed Location of Structure: The SW? SW? of Section 28, Township 6 North, Range 84 West of the 6th P.M., at a point 976 feet east of the West Section line and 1,216 feet north of the South Section line of said Section 28. See Exhibit A. 3.5. Source: Yampa River alluvium. 3.6. Appropriation Date: December 26, 1990. 3.7. Amount: 6.67 cfs, of which 4.67 cfs is conditional and 2.00 cfs is absolute. 3.8. Decreed Uses: Municipal, domestic, irrigation, commercial, manufacturing, industrial, and recreational. 4. Detailed outline of work done to complete project and apply water to beneficial use. The subject water right is a critical component of the City’s integrated water system and the City believes that it can and will complete the appropriation within a reasonable time. Evidence of the City’s diligence includes, but is not limited to, over three million dollars in expenses in operation, maintenance, treatment, expansion, upgrades, and other components. Specifically, the City spent $21,340 on Infiltration Gallery Treatment; $201,001 on Infiltration Gallery Expansion work; $252,948 on a Wellfield Treatment Plant Clortec Generator; $1,386,570 on Wellfield Treatment Plant Capacity Expansion work; $7,000 on Wellfield Capacity Expansions; and in conjunction with Mount Werner Water & Sanitation spent $33,856 on operation and maintenance at the Yampa wells. In addition, the City is in the process of updating its Water Supply Master Plan, which (among other things) will assess the availability of current and future water supplies to meet future consumptive municipal demands, under a series of growth and climate scenarios. (4 pages + map).18CW3031 ROUTT AND RIO BLANCO COUNTIES Application for Findings of Reasonable Diligence and To Make Absolute. Applicant: Prima Ranches LLC, 3575 Cherry Creek North Drive, Denver, CO 80209; (303) 478-7453. Direct pleadings to: Peter D. Nichols, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302. 2. Summary of Application: This application seeks a finding of reasonable diligence for Applicant’s conditional water rights for Pinnacle Peak Spring Nos. 3 through 7, which supply water to G Double H Ranch (formerly known as Pinnacle Peak Ranch) and were originally decreed in Case No. 03CW73 on October 6, 2005. This application also seeks to make absolute a portion of the Pinnacle Peak Springs water rights for storage and supplemental irrigation. The Case No. 03CW73 decree granted a conditional water right for the Alpha Ditch – Hyrdopower Enlargement. Applicant has determined that it no longer needs the Alpha Ditch – Hyrdopower Enlargement, so will abandon this conditional water right in these proceedings. 3. Description of Water Rights: A. Name of Structures: Pinnacle Peak Spring Nos. 3 through 7 (“Springs”), as shown on Exhibit A. i. Date of Original Decree: October 6, 2005, Case No. 03CW73, District Court, Water Division No. 6. ii. Subsequent Decree: This Court issued findings of reasonable diligence on September 24, 2012 in Case No. 11CW17, Water Division No. 6. iii. Legal Descriptions: Structure NameAmount (GPM)LocationDistance from Section LinePinnacle Peak Spring No. 32.14 absolute;20 conditionalSW1/4 NE1/4, Section 19, 2,519’ from North, 2,313 from East (Rio Blanco County)Pinnacle Peak Spring No. 40.5 absolute;10 conditionalSW1/4 SE1/4, Section 19, 796’ from South, 1,655’ from East (Rio Blanco County)Pinnacle Peak Spring No. 50.75 absolute;15 conditionalSE1/4 SE1/4, Section 19, 1,328’ from South, 1,305’ from East (Rio Blanco County)Pinnacle Peak Spring No. 61.5 absolute;10 conditionalNW1/4 SW1/4 Section 16, 2,389’ from South, 1,388’ from West (Routt County)Pinnacle Peak Spring No. 71.5 absolute;10 conditionalSW1/4 NE1/4, Section 16, 2,516’ from North, 2,674’ from East (Routt County)All located in Township 3 North, Range 86 West, 6th P.M. The general locations of Pinnacle Peak Spring Nos. 3 through 7 and the location of the proposed area to be irrigated, including the area that may be irrigated with the Springs as supplemental irrigation under the Alpha Ditch, are shown on the map attached as Exhibit B. iv. Source: Springs tributary to Oak Creek, tributary to Yampa River. v. Appropriation Date: April 30, 2001, for conditional rights; December 31, 1966, for absolute rights. vi. Amount: See table above. vii. Use: absolute for stockwatering and wildlife watering; conditional for domestic, irrigation, aesthetics, storage in stock ponds or aesthetic ponds, and fire protection. The combined yield of the springs may serve up to 75 lots on the 2,785 acre G Double H Ranch. The domestic water demand for the 75 lots, including in-house use and 5 acres of lawn and garden irrigation, is projected at approximately 45 acre feet per year or 27.9 gpm. The peak day demand during the irrigation season is projected to be 73,300 gallons, or 51 gpm. viii. Acres to be irrigated: Up to 11 acres of lawn, garden, and pastures in Township 3 North, Range 86 West, 6th P.M., as described more fully below and shown on Exhibit B. Pinnacle Peak Spring No. 3: NE1/4 of Section 19 (2 acres); Pinnacle Peak Spring No. 4 and No. 5: SE1/4 of Section 19 (5 acres); Pinnacle Peak Spring No. 6: SW1/4 of Section 16 (2 acres); Pinnacle Peak Spring No. 7: NE1/4 and/or SE1/4 of Section 16 (2 acres). The Springs may also be diverted into the Alpha Ditch and used for supplemental irrigation under the Ditch. ix. Land ownership information: Applicant. 4. Outline of Work Done Toward Completion of Project and Application of Water to Beneficial Use: During the interval of time since this Court’s last finding of diligence concerning the Springs, in continuing the development of the water rights which are the subject of this Application, Applicants have engaged in additional planning, design, and construction work related to the improvement of their system for delivering water for beneficial use, and have engaged in the legal defense and protection of their rights. Because these water rights are part of an integrated system on the G Double H Ranch, work performed on one part of the system shall be considered in finding that reasonable diligence has been shown in the development of all of the water rights in the system. See Decree entered September 10, 2016, in Case No. 15CW3018, Water Div. 6, ?? 7 and 17. Work performed to develop the subject conditional water right includes, but is not limited to: A. In 2016, Applicant acquired the Springs together with the property now known as the G Double H Ranch. Applicant purchased the property in part because of its water rights with the intent to fully develop the water rights and use them for their decreed purposes. Part of Applicant’s due diligence in obtaining ownership of the property and water rights included hiring consultants for the purpose of ensuring that they would be able to develop the water rights and coordinate all of the different water rights to best suit their plans for the property, including an environmental learning center, irrigation, and domestic uses. In addition to the Springs, these water rights include the Alpha Ditch, Rich Ditch, Chapman Reservoir, Pinnacle Peak Ponds Nos. 1-4, the Alpha Ditch Pinnacle Peak Ranch Enlargement, and available groundwater. B. Applicant retained SGM Inc. to provide consulting services relating to the development and maintenance of the water rights that are used to supply G Double H Ranch, including the water rights that are the subject of this Application. These services included conducting field investigations, measuring the flow of the Springs, and writing a report based on a site visit. C. Applicant retained Resource Engineering Inc. and legal counsel to provide an analysis of the water rights on the G Double H Ranch. These services included reviewing available documents and data, conducting interviews, and providing recommendations for developing an adequate water supply for the proposed uses of the G Double H Ranch. This water supply includes the Springs. D. Applicant continued to protect and improve its legal water supplies for G Double H Ranch that are integrated with the subject water rights, including obtaining findings of reasonable diligence in Case No. 15CW3018 for the Alpha Ditch Pinnacle Peak Ranch Enlargement and Pinnacle Peak Pond Nos. 1 through 4, which are part of the same integrated system. E. Expenditures by Applicant during this diligence period in connection with the above activities were over $6500 in engineering fees and over $18,000 in legal fees and expenses. F. Applicant has also incurred legal and engineering fees associated with maintaining and developing the subject conditional water rights, as well as monitoring other applications in Division No. 6 that could potentially injure their interests. 5. Application to Make Absolute. A. Applicant requests that Spring Nos. 3, 4, 6, and 7 be made absolute for storage in stock ponds at their current decreed absolute rates. All of these springs fill shallow ponds that are used for livestock and wildlife watering. B. Applicant requests that Spring No. 3 be made absolute for supplemental irrigation under the Alpha Ditch at its current decreed absolute rate of 2.14 gpm. Spring No. 3 provides supplemental irrigation flows to the Alpha Ditch and contributes to irrigation of approximately 297 acres under the Alpha Ditch (2005 irrigated acreage delineated by CDSS). WHEREFORE, Applicant requests this Court enter a decree that Applicant has exercised reasonable diligence in the development of the Springs and continuing these water rights in full force and effect. (8 pages including 2 exhibits)2018CW3033 APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE, IN ROUTT COUNTY Name, mailing address, email address, and telephone number of applicant(s) (if there are multiple applicants, and the space provided is not adequate to list all of the applicants, the names, addresses, telephone numbers and available email addresses must be provided as an attachment): Eagle 4031, LLC c/o Scot Sellers 9457 University Blvd., #843 Highlands Ranch, CO 80126 (303) 708-5959 Please submit pleadings to: Margaret O’Donnell The Law Firm of Margaret O’Donnell P.O. Box 770364 Steamboat Springs, CO 80477 (970) 879-2104 I. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE A. Name of Structures: Price Ditch-Sellers Enlargement; ditch Eagle Well/Pond; Well/pond Eagle Pond; reservoir B. Describe conditional water right for all structures including the following information from at 1) Date of Original Decree: September 20, 2012 Case No. 2006CW57 Court: Routt County District Court, Water Division No. 6 2) List of all subsequent decrees awarding findings of diligence: N/A C. Legal description: Price Ditch-Sellers Enlargement : The Price Ditch headgate decreed point of diversion is located on the right or West bank of the Elk River at a point distant South 70 degrees East-35 chains from the ? corner on the West side of Section 6, Township 6 North, Range 85 West of the 6th P.M. in Routt County. The PLSS description of the point of diversion is located on the Elk River in the NE1/4 of the NW1/4 of Section 7, Township 6 North, Range 85 West of the 6th P.M. at a point approximately 200 feet from the North section line and 2070 feet from the West section line. The Price Ditch-Sellers Enlargement PLSS Legal Description: located in the NE1/4NW1/4 of Section 7, Township 6 North, Range 85 West, 6th P.M., Routt County, CO, at a distance of 694 feet from the North and 1519 feet from the West section line. This legal description describes the point along the Price Ditch where Applicant diverts into the Eagle Well/Pond and Eagle Pond. Eagle Well/Pond: located in the NW1/4SW1/4 of Section 7 at a point 817 feet East of the West section line and 2218 feet North of the South section line, Township 6 North, Range 85 West, 6th P.M., Routt County, CO Eagle Pond: See Eagle Well/Pond See Map, Attached as Exhibit A. D. Source: Price Ditch-Sellers Enlargement: Elk River, tributary of the Yampa River Eagle Well/Pond: groundwater tributary to the Elk River, tributary to the Yampa River Eagle Pond: Elk River, tributary of the Yampa River E. Appropriation: Date:7/18/2006, for all structures Amount: Price Ditch-Sellers Enlargement: 2.27 cfs, conditional Eagle Well/Pond: 1.84 acre feet, 1.59 acre feet absolute for recreation, piscatorial, evaporation, aesthetics, wildlife watering; .25 acre feet conditional for stock watering Eagle Pond: 4 acre feet, conditional F. Uses: Price Ditch-Sellers Enlargement: The water in the Price Ditch-Sellers Enlargement will be diverted for storage in Eagle Pond and is diverted into the Eagle Well/Pond for the end uses of recreation, aesthetics, piscatorial, stock watering and wildlife watering. It is located on Applicant’s property in the E1/2 SE1/4, Section 12 and in the N1/2 SW1/4, Section 7, Township 6 North, Range 85 West, 6th P.M., Routt County, CO (“Subject Property”). Eagle Well/Pond: evaporation (1.59 acre feet), recreation, aesthetics, piscatorial, wildlife watering and stock watering (.25 acre feet) Eagle Pond: See Price Ditch-Sellers Enlargement, above. G. Depth: The Eagle Well/Pond is approximately 12 feet deep. 4.Provide a detailed outline of what has been done for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures during the previous diligence period. For the entirety of the diligence period, Applicant has employed personnel to manage the water rights and facilitate diversions from the Price Ditch to its property through the Price Ditch-Sellers Enlargement and into the Eagle Well/Pond and Eagle Pond for the above- described uses and in the decreed amounts. Applicant has expended funds for purposes of ditch repairs and pond improvements in the amount of approximately $12,500 during the diligence period. Applicant has also paid a legal professional to facilitate these repairs and improvements in the amount of $3,600.00. Applicant’s irrigator has used water from the Eagle Well/Pond for his stock during this time, as well. The property has been listed for sale during the entire diligence period and advertises the water rights as one of the amenities. The property is also represented as a horse property in real estate brochures and the Multiple Listing Service. Additionally, Applicant has paid a legal professional to assist its real estate broker in answering water rights related inquiries to interested parties. Applicant has investigated lining the Eagle Pond and has made application to Natural Resources Conservation Service for assistance in this effort and has researched other programs in this regard. 5.If claim to make absolute in whole or in part: A. Price Ditch-Sellers Enlargement: 1) Date water applied to beneficial use: 7/18/2006 Amount: 2.27 cfs, 2) Use: The water in the Price Ditch-Sellers Enlargement has been diverted into the Eagle Well/Pond for the end uses of recreation, aesthetics, piscatorial, stock watering and wildlife watering B. Eagle Well/Pond: 1) Date water applied to beneficial use: 2/23/2011Amount: .25 acre feet 2) Use: stock watering Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, is constructed: Applicant Remarks or any other pertinent information: Applicants request a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, for a finding of absolute use for stock watering in the amount of .25 acre feet in the Eagle Well/Pond, a finding of absolute use for 2.7 cfs for the Price Ditch-Sellers Enlargement for the uses of recreation, aesthetics, piscatorial, stock watering and wildlife watering. In the alternative, Applicant seeks a finding that the above-described structures have been diligently pursued for the above-described uses and amounts. Applicant seeks a finding that the conditional storage water right for the Eagle Pond in the amount of 4 acre feet for recreation, aesthetics, piscatorial, stock watering and wildlife watering has been diligently pursued and shall remain in full force and effect as conditional water rights, and grants to Applicants such other relief as the Court deems just and proper. 2017CW14, MOFFAT COUNTY, Dewayne Zimmerman, AMENDED APPLICATION FOR ABSOLUTE WATER RIGHTS (SURFACE). 1. Name, mailing address, email address, telephone number of applicant: Dewayne W. Zimmerman and Janelle L. Zimmerman, 43637 N. Highway 13, Craig CO 81625, dwzimm1@ and luannebelle@, 970-824-5824 2. Names of Structures: Amy Pump Station Enlargement, pump diversion.: 3. Legal Descriptions: A: UTM Coordinates: Easting: 0290475, Northing: 4506317, Zone 13. Street Address: 43637 N. Hwy 13, Craig, CO 81625. Source of UTM’s: Hand-held Garmin GPS, Accuracy of location:+/-27 feet. 4. Source of Water: Fortification Creek of the Yampa River. 5. Date of appropriation: 10/28/2016. How appropriation was initiated: Purchase of land and water rights. Date water applied to beneficial use: 05/28/17. 6. Amount claimed in cubic feet per second (cfs): Absolute 3.68 cfs. 7.: Proposed Uses: Irrigation. A. If irrigation, complete the following: Number of acres proposed to be irrigated 114. Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? YES. Legal description of irrigated acreage. : Township 8 North; Rage 90 West of the 6th P.M.; Section 3: Lots 7, 8, and 9 and that portion of the SW ? NE ? and Lots 2 and 6 lying West of the West Right-of-Way line of State Highway #13-787, said right of way being described in Book 74 at Page 562 of the records of the Moffat County Clerk and Recorder. 8. Name and address of owner of the land: Applicants. 9.: Remarks or any other pertinent information: The original and current Amy Pump Station is a multi-state pump which is powered by a 30 horsepower electric motor that operates at 1800 rpm. At 1800 rpm this pump puts out 2100 gpm, or 4.68 cfs. The plan is to irrigate the original 114 acres as planned for in the original appropriation dated June 15, 1965. 18CW3028 Moffat County. Little Snake River. Application for Changes of Water Rights Alt. Pt.s of Diversion. Applicant: Little Snake Land Co., LLC, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary. Applicant owns water rights decreed to the Blair Ditch (5.83 cfs), Excelsior No. 2 Ditch (4.6) cfs; Snake River Irrigating Canal (3.75 cfs), Heeley Ditch (5.67 cfs), and Trowel Ditch priority 26B (10.32 cfs), portions of which may divert at the Heeley and Trowel Ditch. Applicant requests Alt. pt.s of diversion for these water rights so that the water rights may divert at either the Trowel, Heeley or Snake River Irrigating Canals. These structures consist of an integrated network of canals and ditches used to irrigate Applicant’s lands. Additionally, Applicant requests an Alt. pt. of diversion and Alt. place of use of 2.65 cfs decreed to the Woodbury Ditch to divert at the Trowel Ditch for use above the ditch. The purpose of this Application is to improve Applicant’s irr. practices and facilitate movement of water through the canal and ditches. These water rights will irrigate same lands as historically irrigated. Maps of the pts. of diversion are attached as Exhibits A-D. Decreed water right for which change is sought: Name of structure: Blair Ditch. Original decree: 9/22/1894, Routt County Dist. Court. Legal description of structure as described in most recent decree that adjudicated the location: Trowell Ditch: As changed in Case No. 88CW064, 5.83 cfs may be diverted at the Trowel Ditch, located in the NW1/4, NE1/4, Sec. 21, T. 12 N., R. 92 W., 6th P.M. at a pt. which is S. 76 deg., 30 min. W., 1800 ft. from the NE corner of said Sec. 21. Decreed source of water: Little Snake River. Approp. Date: 4/16/1886, Priority 8. Total Amt. decreed: 5.83 cfs for irr. of 350 acres. Amt. of water that applicant intends to change: Applicant requests to add Alt. pts. of diversion for the Blair Ditch water right to so that the full 5.83 cfs may be diverted at the following locations: Heeley Ditch, located at a pt. N. 37 deg. E., 400 ft. from the NW corner of the SE1/4 SE1/4, Sec. 14, T. 12 No. R. 93 W., 6th P.M. on old survey and described in the new survey as being in the SW1/4 SE1/4, Sec. 14, T. 12 N., R. 93 W., 6th P.M, 1500 ft. W. of the E. line and 450 ft. N. of the S. line: Trowel Ditch, or Snake River Irrigating Canal located on the S. bank of the Snake River at a pt. whence the NW corner of Sec. 14, T. 12 N., R. 93 W., 6th P.M. bears N. 63 deg. 12’ W., 2817, based on the old survey. Remarks. This is a request for a change in pt. of diversion only and will not result in a change in place of use for the subject water right. Decreed water right for which change is sought: Name of structure: Excelsior No. 2 Ditch. Original decree: 9/26/1905, Routt County Dist. Court. Legal description of structure as described in most recent decree that adjudicated the location: Trowell Ditch: As changed by decree of the Court entered in 8/27/1915, this water right may be diverted at the Trowel Ditch, located in the NW1/4, NE1/4, Sec. 21, T. 12 N., R. 92 W., 6th P.M. at a pt. which is S. 76 deg., 30 min. W., 1800 ft. from the NE corner of said Sec. 21. Decreed source of water: Little Snake River. Approp. Date: 5/1/1886, Priority 8A. Total Amt. decreed: 4.6 cfs for irr.. Amt. of water that applicant intends to change: Applicant requests to change the Excelsior Ditch No. 2 water right to so that the full 4.6 cfs may be diverted at the may be diverted at the following locations: Heeley Ditch, located at a pt. N. 37 deg. E., 400 ft. from the NW corner of the SE1/4 SE1/4 of Sec. 14, T. 12 No. R. 93 W., 6th P.M. on old survey and described in the new survey as being in the SW1/4 SE1/4, Sec. 14, T. 12 N., R. 93 W., 6th P.M, 1500 ft. W. of the E. line and 450 ft. N. of the S. line: Trowel Ditch, or Snake River Irrigating Canal located on the S. bank of the Snake River at a pt. whence the NW corner of Sec. 14, T. 12 N., R. 93 W., 6th P.M. bears N. 63 deg. 12’ W., 2817, based on the old survey. Remarks. This is a request for a change in pt. of diversion only and will not result in a change in place of use for the subject water right. Decreed water right for which change is sought: Name of structure: Snake River Irrigating Canal (a/k/a “Darr Ditch”). Original decree: 10/1/1907, Routt County Dist. Court. Legal description of structure as described in most recent decree that adjudicated the location: As changed in Case No. 88CW84, Dist. Court, Water Division 6, this water right was changed to divert at the Heeley Ditch, located at a pt. N. 37 deg. E., 400 ft. from the NW corner of the SE1/4 SE1/4, Sec. 14, T. 12 No. R. 93 W., 6th P.M. on old survey and described in the new survey as being in the SW1/4 SE1/4, Sec. 14, T. 12 N., R. 93 W., 6th P.M, 1500 ft. W. of the E. line and 450 ft. N. of the S. line. Decreed source of water: Little Snake River. Approp. Date: 4/26/1886, priority a8. Total Amt. decreed to structure in gallons per minute (gpm) or cubic ft. per second (cfs): 7.5cfs for irr. purposes of 450 acres and 1 cfs for stock watering and dom. purposes, Applicant claims ownership of 3.75 for irr. purposes and 0.5 cfs for stock watering and dom. purposes. Amt. of water that applicant intends to change: 3.75 cfs for irr. purposes. Change Requested: Applicant requests to change the Snake River Irrigating Canal Water right to so that Applicant’s interest in 3.75.5 cfs may be diverted at the following alt. locations: Heeley Ditch; Trowel Ditch, located in the NW1/4, NE1/4, Sec. 21, T. 12 N., R. 92 W., 6th P.M. at a pt. which is S. 76 deg., 30 min. W., 1800 ft. from the NE corner of said Sec. 21; or the original pt. of diversion located on the S. bank of the Snake River at a pt. whence the NW corner of Sec. 14, T. 12 N., R. 93 W., of the 6th P.M. bears N. 63 deg. 12’ W., 2817, based on the old survey. Based on the Division Engineer’s mapping, this may also be described as UTM coordinates Northing 263288 Easting 4543047. Remarks. This is a request for a change in pt. of diversion only and will not result in a change in place of use for the subject water right. Decreed water right for which change is sought: Name of structure: Heeley Ditch. Date of original decree: 6/11/1910, Routt County Dist. Court. Legal description of structure as described in most recent decree that adjudicated the location: Heeley Ditch: Located at a pt. N. 37 deg. E., 400 ft. from the NW corner of the SE1/4 SE1/4, Sec. 14, T. 12 No. R. 93 W., 6th P.M. on old survey and described in the new survey as being in the SW1/4 SE1/4, Sec. 14, T. 12 N., R. 93 W., 6th P.M, 1500 ft. W. of the E. line and 450 ft. N. of the S. line. Based on the Division Engineer’s mapping, this may also be described as UTM coordinates Northing 264635 Easting 4541897. Trowell Ditch: As changed in Case No. 97CW023, 0.92 cfs of Applicant’s interest may be diverted at the Trowell Ditch, located in the NW1/4, NE1/4, Sec. 21, T. 12 N., R. 92 W., 6th P.M. at a pt. which is S. 76 deg., 30 min. W., 1800 ft. from the NE corner of said Sec. 21. Decreed source of water: Little Snake River. Approp. Date: 4/15/1898, priority 26aa.Total Amt. decreed to structure in cubic ft. per second (cfs): 11.08 cfs for irr. purposes, Applicant claims ownership of 5.67 cfs for irr. purposes. Amt. of water that Applicant intends to change: Applicant requests to change the Heeley Ditch water right to so that Applicant’s 5.67 cfs may be diverted at the Heeley Ditch, Trowel Ditch, or the Snake River Irrigating Canal located on the S. bank of the Snake River at a pt. whence the NW corner of Sec. 14, T. 12 N., R. 93 W., 6th P.M. bears N. 63 deg. 12’ W., 2817, based on the old survey. Remarks. This is a request for a change in pt. of diversion only and will not result in a change in place of use for the subject water right. Decreed water right for which change is sought: Name of structure: Trowell Ditch, Priority No. 26B. Original decree: 6/11/1910, Routt County Dist. Court. Decreed location: located on the Snake River, whence the S.E. corner of Sec. 16, T. 12 N., R. 92 W., 6th P.M. bears N. 82 deg. W. 2525 ft. Decreed source of water: Little Snake River. Approp. Date: 5/4/1898. Total Amt. decreed to structure: 10.32 cfs for irr. purposes. Amt. of water that applicant intends to change: Applicant requests to change the Trowell Ditch Priority 26B water right to the following Alt. pts. of diversion: Heeley Ditch, located at a pt. N. 37 deg. E., 400 ft. from the NW corner of the SE1/4 SE1/4, Sec. 14, T. 12 No. R. 93 W., 6th P.M. on old survey and described in the new survey as being in the SW1/4 SE1/4 of Sec. 14, T. 12 N., R. 93 W., 6th P.M, 1500 ft. W. of the E. line and 450 ft. N. of the S. line: Trowel Ditch, or Snake River Irrigating Canal located on the S. bank of the Snake River at a pt. whence the NW corner of Sec. 14, T. 12 N., R. 93 W., 6th P.M. bears N. 63 deg. 12’ W., 2817, based on the old survey. Remarks. This is a request for a change in pt. of diversion only and will not result in a change in place of use for the subject water right. Decreed water right for which change is sought: Name of structure: Woodbury Ditch. Original decree: Civil Action 646, entered 6/18/1910, Routt County Dist. Court. Legal description of structure as described in most recent decree that adjudicated the location: As changed in Case No. 06CW044, the pt. of diversion for 2.65 cfs at the CO ZIZ Pump Site, located at a pt. in the NW1/4, SW1/4, Sec. 13, T. 12 N., R. 93 W., 6th P.M. at a distance of 1,032 ft. from the N. and 96 ft. from the W. Sec. line of said Sec. 13, Moffat County, CO. Decreed source of water: Little Snake River. Approp. Date: 5/29/1895, priority 26aa. Total Amt. decreed to structure in cubic ft. per second (cfs): 6.98 cfs for irr. purposes. Amt. of water that applicant intends to change: Applicant requests an Alt. pt. of diversion for 2.65 cfs decreed to the Woodbury Ditch to divert at the Trowell Ditch, located in the NW1/4, NE1/4, Sec. 21, T. 12 N., R. 92 W., 6th P.M. at a pt. which is S. 76 deg., 30 min. W., 1800 ft. from the NE corner of said Sec. 21. Remarks. As found in Case No. 06CW44, the 2.65 cfs of this water right to be changed to be changed has historically been used to irrigate 120 acres in portions of Secs. 11, 12,13, 14, 18, and 19, in T. 12 N., R.s 92W. and 93 W. By diverting at the Trowel Ditch, Applicant is also requesting a change in place of use for the Woodbury Ditch to irrigate 120 acres located in Sec. 19, T. 12 N. R. 92 W. and Sec. 24 T. 12 N. R. 93 W., 6th P.M. and shown on Exhibit E. Name of Landowner upon which diversion structure is located: Applicant. 13 pages. 18CW3032 IN MOFFAT COUNTY, CITY OF CRAIG, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. and the YAMPA PROJECT PARTICIPANTS, c/o City of Craig, Attn: John Ponikvar, Mayor, 300 West Fourth Street, Craig, Colorado 81625 and 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. Please direct all correspondence concerning this Application to: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601 and Aaron Ladd, Esq. and Andrea A. Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302 with a copy to Roger T. Williams, Tri-State Generation and Transmission Association, Inc., 1100 West 116th Avenue, Westminster, CO 80234. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN MOFFAT COUNTY, COLORADO. 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 Project Participants.” 2. Applicants request findings of reasonable diligence with regard to their interests in the following water right: California Park Reservoir. A. Prior Decrees: May 30, 1972 in Civil Action No. 2259, by the District Court of Moffat County, State of Colorado. Subsequent findings of reasonable diligence: Case Nos. W-144 on January 14, 1974, W144-76 on November 14, 1979; 80CW49 on March 17, 1982, 85CW107 on February 20, 1986, 89CW101 on August 30, 1990, 96CW63 on February 24, 1997, 03CW14 on February 11, 2004, and 10CW15 on September 24, 2012, all in the District Court in and for Water Division No. 6. B. Change Decree for Storage in Elkhead Creek Reservoir: By the decree entered on May 12, 1998 in Case No. 93CW131, Applicants were granted a change of water right transferring the total amount of the California Park Reservoir decree owned by Applicants (13,699 acre-feet, conditional) to a new place of storage at Elkhead Creek Reservoir. Elkhead Creek Reservoir is located in Section 16, Township 7 North, Range 89 West of the 6th P.M., in Moffat County, Colorado. On April 13, 1998, Applicants were granted a right-of-way by the State of Colorado, acting by and through the State Board of Land Commissioners, providing for a perpetual and exclusive right-of-way over, under and across state trust lands for the use of certain active storage access to and reconstruction, operation and maintenance of that reservoir. C. Original Decreed Location: The initial point of survey of California Park Reservoir is located at a point on the right abutment of the dam forming said reservoir whence the southwest corner of Section 17, Township 9 North, Range 87 West of the 6th P.M., bears South 13°14’ West a distance of 262 feet. D. Changed Location (Elkhead Creek Reservoir): Elkhead Creek Reservoir is located in Section 16, Township 7 North, Range 89 West of the 6th P.M., in Moffat County, Colorado. Alternate description: The dam is located where the South quarter corner of Section 16, Township 7 North, Range 89 West of the 6th P.M. bears South 34°47’13” east, 869.37 feet. A point on the dam is located 370 feet North of the South line and 1637 feet east of the West line of said Section 16. E. Source: Elkhead Creek and its tributaries, which are tributary to the Yampa River. F. Appropriation Date: August 7, 1962. G. Amount: The total decreed amount of California Park Reservoir is 36,536.1 acre-feet, conditional. Applicants own a total of 13,699 acre-feet, of which 4,945.39 acre-feet, conditional, are owned by the City and conditional 8,753.61 acre-feet, conditional, are owned by the Yampa Participants. H. Uses: City: Irrigation, domestic, municipal, stockwater, industrial, power generation and recreational uses. Yampa Participants: Industrial, including power generation, and irrigation, domestic and stockwater uses coincident to the overarching industrial use. I. Map of structures: A map of the above-structures is attached as Exhibit A. J. Names and addresses of owners of 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 stores, including any modification to the existing storage pool: See Exhibit B attached hereto. 3. Description of activities undertaken during the diligence period toward the application of the water right 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. 03CW14, at paragraph 10, determined that the California Park Reservoir water rights were part of an integrated water supply system for the City of Craig and 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 California Park 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 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 California Park 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. The City, along with Tri-State and the CRWCD, discussed the parties’ development of water rights in Elkhead Reservoir and entered into an agreement regarding the operation and maintenance of the expanded Elkhead Creek Reservoir. G. During the prior diligence period, the City expanded and updated its water master plan, which included expanding the water treatment plant and treated water line, incorporating more treated water storage into the City’s system, undertaking investigations for more surface water sources, and the phased development of its municipal facilities in order to provide for logical physical development consistent with the financial position of the City. Many of these improvements were implemented during this diligence period, including the following: 1. 2018 Water Main Replacement Project $540,000.00 estimated total w/change orders. 2. 2018 #1 High Service Pump Rebuild $52,043.00 3. 2017 #5 High Service Pump Rebuild $46,718.00 4. 2017 Steele Court Water Main Replacement $15,000.00 estimated total with concrete and asphalt repair 5. 2017 Pineridge Tank Improvement Project $154,838.07 6. 2017 Water Plant Transformer Replacement Project $143,066.10 7. 2016 MCC Panel 10th & Legion Pump Station $22,242.42 8. 2016 Sodium Hypochlorite Tank Replacement $26,336.00 9. 2016 Barclay & Sandrock Tank Improvements $236,381.76 10. 2016 Bulk Water Sales Kiosk Upgrades $19,417.98 11. 2015 Pineridge Tank Paint Project $334,110.00 12. 2015 #3 High Service Pump Rebuild $25,000.00 13. 2014 North Glen Erie & Sandrock Painting Project $210,087.00 14. 2014 Water Plant Air Conditioning System Project $23,497.00 15. 2014 Potassium Permanganate Building Improvements $16,500.00 16. 2013 Raw Water Pump Replacement Project $218,000.00 H. The City has annexed land and agreed to provide water service to additional users and development to be added. The City has also made evaluations of the reconfiguration of said development, and the impact on water rights and water use in the City. I. The City has continued operation and maintenance activities on Elkhead Reservoir and its facilities over the past six years. J. The City has started working with the CRWCD to develop an accounting for the use of California Park Reservoir water rights to fill Elkhead Creek Reservoir. K. This list of activities during the diligence period is not intended to be all inclusive and Applicants reserve the right to provide additional information. WHEREFORE, Applicants respectfully request that the Court enter an order finding that: 1. The City of Craig has been reasonably diligent in the development of its interest in the California Park Reservoir water right for all purposes and such is continued in full force and effect; 2. Tri-State and the Yampa Participants have been reasonably diligent in the development of their interest in the California Park Reservoir water right for all purposes and such is continued in full force and effect; and 3. That the Court award such other and further relief that it may deem appropriate.18CW3029, Rio Blanco County, White River. Application for Finding of Reasonable Diligence. TerraCarta Energy Resources, LLC, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, LLP, 932 Cooper Ave, Glenwood Springs, CO, 970-945-8659. All structures: Original decree entered on 08/05/92, nunc pro tunc as of 02/25/92 in 88CW446; subsequent decrees entered in 98CW31, 04CW170 & 11CW16. Appropriation date: 12/05/88. Remarks: An application for change of water right with regard to the structures was filed on 08/31/18 in 18CW3026. Uses: Industrial, agriculture, domestic & firefighting. Big Duck Creek Pump and Pipeline: Location: NW?NW? Sec 30, T 1 S, R 99 W, 6th PM, S 46°20’ E a distance of 1,375 ft from NW Corner of Sec 30. The point of diversion is located approx 908 ft S of N sec line and 1,021 ft E of W sec line. Source: A trib of Yellow Creek, a trib to White River. Amount: 10 cfs, conditional. Cottonwood Spring: Location: NW?SW? Sec 19, T 1 S, R 99 W, 6th PM, spring bears N 14°07’ E a distance of 1,742 ft from SW Corner of Sec 19. The spring is approx 1,705 ft N of S sec line and 376 ft E of W sec line. Source: Springs trib to Big Duck Creek, a trib of Yellow Creek, a trib to White River. Amount: 675 gpm, conditional. The subject water rights are part of an integrated water supply system. The Application on file with the court includes a list of activities demonstrating diligence. Owner of land: Applicant. (8 pages)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 November 2018 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 $158.00, 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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