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

Transcription

1 DISTRICT COURT, WATER DIV. 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 6 Pursuant to C.R.S , you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water DIV. 6, during the month of FEBRUARY, CW1. MOFFAT COUNTY. Application for Water Storage Right. Applicants: Robert L. Kay and Lawrence C. Kay, 85 S. 200 East, Vernal, UT Robert L. Kay, 1256 S West Vernal, UT 84078, , Lawrence C. Kay, 43 E. 200 North Vernal, UT 84078, Name of Reservoir: Dudley Pond #1. Legal Description: Moffat County, SE1/4, NE1/4, Sec 31, T6N, R103W, 6 th PM ft from S and ft from E. Source: Tributary to Cottonwood Creek of Red Rock Canyon of the Yampa River. Appropriation date: 1917 est. Appropriation initiated: Small dam built to collect runoff water. Water applied to beneficial use: 1917 est. small dam, rebuilt in 1966 to present size by Bureau of Public Roads, US Gov. Amt claimed: High water line acre ft., 9.12 acre ft. absolute. Note: ½ of the water stored and accumulating in the Dudley Pond #1 up to the total of 9.12 acre ft per year. Purpose: for wildlife use and by domestic animals, cows, sheep, horses, etc. Also, water to be pumped by solar pump and transported by a buried 1 ¼ I.D. pipeline to rock reservoir some 5700 =/- southwesterly from the Dudley Pond. Surface area of high water line: acres. Max height of dam: 16.3, Length of dam: 331. Total capacity of reservoir: acre ft. Active capacity: acre ft. Dead storage: 1.41 acre ft. Landowner: Meril Snow, c/o John Snow, 9755 E South, Jensen, UT Dudley Pond sits on Snow property with use and right of way extending south 2800 to our property and property rights. This property was owned by Dennis Mott and Terry Bastian who sold this property to Meril Snow in 1978 retaining a 33 wide ROW south /- to the section south of this property for the use of their livestock to use the Dudley Reservoir and access, etc. (Mott & Bastian) The Kay s purchased this property from Mott & Bastian, et al in CW5. ROUTT COUNTY. Application for Water Storage Right. Applicant: Pamela Wilson, Game Trails Drive, Steamboat Springs, CO 80487, Name of reservoir: Upper Pond, unnamed tributary to Woodchuck Creek. Legal Description: Routt County, NE¼, SW1/4, Sec 31, T7N, R84W, 6 th PM ft from S and ft from W. Address: Games Trails Drive, Steamboat Springs, CO Game Trails Subdivision, Lot 7. GPS: N n, E343021e. Source: Unnamed tributary to Woodchuck Creek. Date of appropriation: 09/12/93, initiated by developed spring, began using available water. Applied to beneficial use: 09/12/93. Amt claimed:.02 acres, capacity about.05 AF absolute. Less than one acre historically irrigated. Proposed for irrigation: less than one acre. Legal description of acreage irrigated: home landscaping at Game Trails Drive, Steamboat Springs, CO Surface area of high water line: 30 X30. Max height of dam: 4 ft. Length of dam: 40 ft. Total capacity:.05 AF. Landowner: applicant.

2 3. 07CW6. ROUTT COUNTY. Application for Water Storage Right. Applicant: Pamela Wilson, Game Trails Drive, Steamboat Springs, CO 80487, Name of reservoir: Lower Pond, unnamed tributary to Woodchuck Creek and Oracion Spring. Legal Description: Routt County, NE1/4, SW1/4, Sec 31, T7N, R84W, 6 th PM ft S and ft W. Address: Game Trails Drive, Steamboat Springs, CO Game Trails Subdivision, Lot 7. GPS: N n, E e. Source: Unnamed tributary to Woodchuck Creek. Date of appropriation: 09/12/93, initiated by developed spring, began using available water. Applied to beneficial use: 09/12/93. Amt claimed: capacity about.1 AF absolute. Less than one acre historically irrigated. Proposed for irrigation: less than one acre. Legal description of acreage irrigated: home landscaping at Game Trails Drive, Steamboat Springs, CO Surface area of high water line: 70 X 30. Max height of dam: 5 ft. Length of dam: 75 ft. Total capacity:.1 AF. Landowners: applicant CW7. MOFFAT COUNTY. Application for Water Storage Rights (Surface) Applicant: Edward C. Relaford, 1697 Yampa Avenue, Craig, CO 81625, Name of structure: Relaford pump. Legal description: Moffat County, NE1/4, SE1/4, Sec 25, T7N, R91W, 6 th PM ft from S and 570 ft from E. Source: Fortification Creek, tributary to Yampa River. Date of appropriation: 07/19/62. Initiated by pumping water for garden and horses. Applied to beneficial use: 07/19/62. Amount claimed:.5 cfs absolute. Use: irrigation of one acre lawn. Historically irrigated: 2 acres. Proposed to be irrigated: one acre. Legal description of acreage: parcel of land between CO State Hwy 13 and the east line of Section 25, Township 7 N, Range 91 W, of the 6 th PM. Purpose: stock water. Landowner: applicant CW8. ROUTT COUNTY. Application for Water Rights (Surface) Applicants: David L. and Kathy Smith, RCR 53, PO Box 461, Hayden, CO 81639, Name of spring: Smith Spring B. Legal description: Routt County, SE1/4, SE1/4, Sec 21, T5N, R88W, 6 th PM. GPS: N , E308310, Zone 13. Source: unnamed tributary to Hubberson Gulch of Dry Creek. Date of appropriation: 08/21/92. How initiated: used for stock water. Date applied to beneficial use: 08/21/92. Amt claimed:.033 cfs absolute. Use: livestock water. Legal description of acreage: SE, SE, Sec 21, 142 E, 1762 S, GPS Location NAD83, e and n. Purpose: water stored in small ponds for livestock watering. Landowner: applicant CW14. ROUTT COUNTY (previously 99CW58; 95CW159; 93CW48; 87CW48; 83CW24) CITY OF STEAMBOAT SPRINGS, Bill Whelihan, P. O. Box , Steamboat Springs, Colorado , Telephone: (970) c/o James S. Witwer, Douglas M. Sinor, Laurianne M. Jackson, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PORTIONS OF CONDITIONAL WATER RIGHTS ABSOLUTE, IN ROUTT COUNTY. 2. Name of structures: Lufkin Well Nos. 1, 2, 3, 4, and Description of conditional and absolute water rights from original decree entered in Case No. PAGE 2

3 83CW24, diligence decrees entered in Case Nos. 87CW48, 93CW48, 99CW58, and change of water right decree in Case No. 95CW159: A. Date of Original Decree: September 22, 1983, Case No. 83CW24, District Court in and for Water Division No. 6 ( Water Division No. 6 ). B. Date of Diligence Decrees: February 4, 1988, Case No. 87CW48 (Quadrennial Diligence), Water Division No. 6; November 18, 1993, Case No. 93CW48, Water Division No. 6; February 7, 2001, Case No. 99CW58, Water Division No. 6. C. Date of Change of Water Right Decree: December 5, 1997, Case No. 95CW159, Water Division No. 6. D. Legal Description of Structures (all structures in Routt County, Colorado): i. Lufkin Well No. 1: located at a point from which the North line of Section 4, T.5N., R.84W., 6 th P.M. bears North 80 feet and the West line of said Section bears West 2380 feet. ii. Lufkin Well No. 2: located in the NW ¼ of the NE ¼, Section 4, T.5N., R.84W., 6 th P.M., at a point 200 feet South of the North line and 2500 feet West of the East line of said Section, said location having been changed from the location in the original decree by Order of the Court in Case No. 95CW159 (formerly located at a point from which the North line of Section 4, T.5N., R.84W., 6 th P.M. bears North 80 feet and the East line of said Section bears East 2380 feet). iii. Lufkin Well No. 3: located at a point from which the North line of Section 4, T.5N., R.84W., 6 th P.M. bears North 1900 feet and the West line of said Section bears West 2550 feet. iv. Lufkin Well No. 4: located at a point from which the North line of Section 4, T.5N., R.84W., 6 th P.M. bears North 550 feet and the West line of said Section bears West 80 feet. v. Lufkin Well No. 5: located in the NW ¼ of the NW ¼, Section 4, T.5N., R. 84W, 6 th P.M., at a point 233 feet from the North line and 158 feet from the West line, said location having been changed from the location in the original decree (formerly located at a point from which the North line of Section 4, T.5N., R.84W., 6 th P.M. bears North 200 feet and the West line of said Section bears West 200 feet). E. Source: Ground water tributary to the Yampa River. F. Appropriation Date: January 27, G. Absolute and Conditional Amounts Previously Decreed: i. Lufkin Well No. 1: cfs, conditional. ii. Lufkin Well No. 2: cfs, conditional; and 0.04 cfs, absolute (Case No. 99CW58). iii. Lufkin Well No. 3: cfs, conditional. iv. Lufkin Well No. 4: cfs, conditional. v. Lufkin Well No. 5: cfs, conditional. H. Uses: i. Lufkin Well Nos. 1, 3, 4, and 5: domestic, commercial, irrigation and municipal. ii. Lufkin Well No. 2: absolute portion decreed for commercial and irrigation; conditional portion decreed for domestic, commercial, and irrigation (Case No. 99CW58). 4. Detailed outline of work performed and the expenditures made toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: A. During the diligence period, Steamboat Springs built a permanent clubhouse for the Haymaker Golf Course at a cost of approximately 3.2 million dollars. Lufkin Well No. 2 provides water to the clubhouse. B. In conjunction with the work described above, Steamboat Springs purchased and installed an underground storage tank and service pump to deliver water pumped from Lufkin Well No. 2 to the clubhouse. C. Steamboat Springs installed pumps in Lufkin Well Nos. 1 and 4, on May 15, 2000, and in Lufkin Well Nos. 3 and 5, on May PAGE 3

4 22, 2000, at a total cost of $6, D. In conjunction with the work described above, Aqua Tec Systems, Inc. conducted pump tests on Lufkin Well Nos. 1, 3, 4, and 5. The maximum pumping rate for the Lufkin Wells are as follows: Well Nos. 1, 3, and 5: 30 gpm; Well No. 2: 18 gpm; Well No. 4: 80 gpm. E. During the diligence period, Steamboat Springs pumped a total of 17, 900 gallons of water from Lufkin Well Nos. 1, 3, 4, and 5 for municipal purposes including irrigation and commercial uses at the Haymaker Golf Course. Steamboat Springs maintained permanent records of the volumetric amounts pumped from these wells. F. In conjunction with the work described above, Steamboat Springs maintained the pumps on Lufkin Well Nos. 1 through 5 in good working order. Steamboat Springs also maintained the pump on Lufkin Well No. 2 in good working order. G. During the diligence period, Steamboat Springs filed a new well permit application to use the existing Lufkin Well No. 5 on November 23, A new well permit for Lufkin Well No. 5, Permit No F, was issued on January 29, On May 6, 2002, Steamboat Springs perfected Permit No F by filing a statement of beneficial use. H. During the diligence period, Steamboat Springs attorneys reviewed the monthly water court resumes for Water Division 6 and filed statements of opposition in part to prevent injury to the subject water rights. 5. Claim to make a portion of conditional water rights absolute: A. Date water first applied to beneficial use: June 7, B. Amounts: i. Lufkin Well No. 1: cfs, absolute. ii. Lufkin Well No. 3: cfs, absolute. iii. Lufkin Well No. 4: cfs, absolute. iv. Lufkin Well No. 5: cfs, absolute. C. Uses: General municipal purposes, including irrigation and commercial uses. Steamboat Springs used water from Lufkin Well Nos. 1, 3, 4, and 5 for four days each year from June 2000 through September D. Description of place of use where water is applied to beneficial use: The water pumped from Lufkin Well Nos. 1, 3, 4, and 5 is used to irrigate the Haymaker Golf Course property and to water the landscaping around the clubhouse. 6. 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: Steamboat Springs owns or controls all land on which the Lufkin Wells are located. WHEREFORE Steamboat Springs seeks a decree confirming that portions of the subject conditional water rights have been made absolute for the amounts and uses described in paragraph 5 hereof and that Steamboat Springs has exercised reasonable diligence for the remaining conditional water rights. In the alternative, Steamboat Springs seeks findings of reasonable diligence for all of the conditional water rights described in paragraph 3.G. hereof. You are hereby notified that you will have until the last day of April 2007, 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 PAGE 4

5 being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $70.00, and should be sent to the Clerk of the Water Court, DIV. 6, P.O. Box , Steamboat Springs, CO ROUTT COUNTY COMBINED COURT WATER DIV. 6 By: Cat Schaffrick, Deputy Clerk PAGE 5