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- OCTOBER, 2012. 10CW75 ROUTT COUNTY
- Name, mailing address, email address, telephone number of applicant
- Name of structure
- Subsequent Diligence Decrees
- Appropriation Date and Amount of Water
- 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
- If claim to make absolute in whole or in part
- Description of place of use where water is applied to beneficial use
| DISTRICT COURT, WATER DIVISION 6, COLORADO
TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 6 Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of OCTOBER, 2012. 10CW75 ROUTT COUNTY AMENDED APPLICATION FOR WATER RIGHTS AND CHANGE OF WATER RIGHT Names and Addresses and Telephone Number of Applicants:Markus P. Koro and Kimberly M. Koro 15168 Rancho Real Del Mar, CA 92130 (858)259-0678 Send Pleadings to: Margaret O’Donnell Margaret O’Donnell, P.C. PO Box 773572 Steamboat Springs, CO 80477 (970) 879-2104 I. APPLICATION FOR NEW WATER RIGHTS A. APPLICATION FOR WATER STORAGE RIGHT 1. Name of Reservoir: Westland Pond No. 2 Enlargement 2. Legal description of location of dam centerline: located in SW1/4 NW1/4 of Section 17, Township 9 North, Range 84 West of the 6th P.M., Routt County, at a point 1,364 feet South of the North Section line and 175 feet East of the West Section line. 3. Name and capacity of the ditch used to fill Westland Pond No. 2 Enlargement: Westland Pipeline No. 1 with a capacity of 0.5 cfs. 4. Legal description of ditch used to fill reservoir: Located in the SW1/4NW1/4 of Section 17, Township 9 North, Range 84 West, 6th P.M., at a point 1,627 feet South of the North Section line and 324 feet East of the West Section line. 5. Source: Unnamed tributary of the Elk River, tributary to the Yampa River. 6. A. Date of appropriation: December 14, 2009. B. How appropriation was initiated: by the demonstrated conjunction of intent to appropriate and overt actions, including but not limited to, the purchase of the property by Applicants, the survey of said property, discussions with Vista Verde regarding its use of Westland Pond No. 2 for stock watering of approximately 25 head and irrigating Applicants’ meadow for grazing purposes, and subsequent determination to enlarge the structure to accommodate these uses. C. Date water applied to beneficial use: N/A7. Amounts claimed: 4.0 acre feet, conditional with the right to fill and refill in the amount of 4.0 acre feet, for a total amount of 5.0 acre feet in Westland Pond No. 2. 8. Uses: recreation, aesthetic, piscatorial, augmentation, stock watering of 25 head, and the subsequent use of irrigation of approximately 16 acres of Applicants’ land. A. Irrigation Use: Applicants will irrigate approximately 15.5 additional acres for a total of 16 acres located in portions of the SW1/4NW1/4 and NW1/4NW1/4 of Section 17, and SE1/4NE1/4 of Section 18, Twp. 9 N., Range 84 West, 6th P.M. (“Applicants’ Property”). See Map, Exhibit A. B. Non-irrigation uses: water will be used for stock watering of 25 head, recreation, aesthetic, piscatorial and augmentation uses. Augmentation uses will be to provide augmentation water to provide replacements for depletions occurring on Applicants’ land in Tracts A and B of the H.E.S. Survey No. 244 and Lot 10, Section 17 and 18, Township 9 North, Range 84 West of the 6th P.M., Routt County, CO., and more properly described at Reception Nos. 694220 and 696812 of the Routt County real estate records. 9. Surface area of high water line: 1.23 acres A. Vertical height of dam in feet: 10 feet B. Length of dam in feet: 200 feet 10. Total capacity of reservoir in acre feet: 5.0 acre feet Active capacity: 5.0 acre feet Dead storage: 0 acre feet 11. Name of owner of land upon which structure will be located: Applicants B. APPLICATION FOR WATER RIGHT (SURFACE) 1. Name of structure: Westland Pipeline No. 1 Enlargement 2. Legal description of point of diversion: Located in the SW1/4NW1/4 of Section 17, Township 9 North, Range 84 West, 6th P.M., at a point 1,627 feet South of the North Section line and 324 feet East of the West Section line. 3. Source: Unnamed tributary of the Elk River, tributary of the Yampa River. 4. A. Date of appropriation: December 14, 2009 B. How appropriation was initiated: by the demonstrated conjunction of intent to appropriate and overt actions, including but not limited to, the purchase of the property by Applicants, the survey of said property, discussions with Vista Verde regarding its use of Westland Pond No. 2 for stock watering of approximately 25 head, irrigating Applicants’ meadow for grazing purposes, and subsequent determination to enlarge the structure to accommodate these uses. C. Date water applied to beneficial use: N/A 5. Amounts DATE FILED: November 14, 2012 claimed: 0.5cfs, conditional 6. Use: irrigation, stock watering, recreation, aesthetic, piscatorial, and augmentation. The water right will be used to fill and refill the Westland Pond No. 2 for the subsequent uses of irrigation, stock watering, recreation, aesthetic, piscatorial, and augmentation. A. Irrigation: Applicants proposed to irrigate an additional 16 acres of their property located in portions of the NW1/4NW1/4 and SW1/4NW1/4 of Section 17, SE1/4NE1/4 Section 18, Township 9 North, Range 84 West, 6th P.M. See Map, attached as Exhibit A. B. non-irrigation: water will be used to fill and refill the Westland Pond No. 2 when in priority as well as provide stock water, recreation, aesthetic, piscatorial, and augmentation uses. II. APPLICATION FOR CHANGE OF WATER RIGHT 1. Decreed water rights for which change is sought: A. Name of structures: Westland Pipeline No. 1, Westland Pond No. 2 B. Date of original and all relevant subsequent decrees: Date entered: 12/31/2007 Case No.: 2006CW50 Court: District Court, in and for Routt CountyC. Legal descriptions of structures: Westland Pipeline No. 1.: Located in the SW1/4NW1/4 of Section 17, Township 9 North, Range 84 West, 6th P.M., at a point 2510 feet from the North Section line and 175 feet from the West Section line. Westland Pond No. 2: the dam is located in the SE1/4NE1/4, Section 18, Township 9 North, Range 84 West, 6th P.M. at a point 1935 feet from the North Section line and 590 feet from the East Section line. D. Decreed source of water: Unnamed tributary of the Elk River, for both structures. E. Appropriation Date: 07/07/2006 for both structures. F. Total amounts decreed to structures : 1) Westland Pipeline No. 1: 0.5cfs, conditional. 2) Westland Pond No. 2: 1.0 acre feet, conditional with the right to fill and refill. G. Decreed use or uses: 1) Westland Pipeline No. 1: Irrigation, stock watering, recreation, piscatorial, and augmentation. The water right will be used to fill and refill the Westland Pond No. 2 for the subsequent uses of irrigation, recreation, piscatorial, and augmentation. 2) Westland Pond No. 2: recreation, aesthetic, piscatorial, and augmentation. a. If irrigation, complete the following:Number of acres historically irrigated: 0; proposed to be irrigated: 0.5 Legal description of acreage: water for the Westland Pipeline No. 1 is decreed to be used to irrigate 0.5 acres of landscape located in the SE1/4NE1/4 of Section 18, Twp. 9 N., Range 84 West, 6th P.M. b. If non-irrigation, describe purpose fully: Water decreed to the Westland Pipeline No. 1 will be used to fill and refill the Westland Pond No. 2, when in priority, as well as provide stock water, recreation, piscatorial, and augmentation uses. Non-irrigation uses for the Westland Pond No. 2 include recreation, aesthetic, piscatorial, and augmentation uses.F. Amount of water that Applicants intend to change: 1) Westland Pipeline No. 1: 0.5cfs, conditional. 2) Westland Pond No. 2: 1.0 acre feet, conditional with the right to fill and refill. (0.0 AF dead capacity, 1.0 AF active) (a) Surface area of high waterline: 0.24 acres (b) Maximum size of dam: 4 feet (c) Length of dam: 50 feet 2. Detailed description of change: Applicants have purchased a parcel of property from the original claimant to the decree for the above-referenced water rights. Applicants and claimant have entered into an agreement whereby claimant has agreed that the point of diversion for Westland Pipeline No. 1 and the location of Westland Pond No. 2 may be changed so they are located on the Applicants’ property. This agreement was recorded in the real estate records for Routt County at Reception No. 694222 on December 14, 2009. Because the locations of the structures will be changed, the acreage irrigated by the Westland Pipeline No. 1 will also be changed. The changed locations for these structures are as follows: (a) Westland Pipeline No. 1: located in SW 1/4 NW1/4 of Section 17, Township 9 North, Range 84 West of the 6th P.M., Routt County, at a point 1,627 feet South of the North section line and 324 feet East of the West Section line. (b) Westland Pond No. 2: located in SW 1/4 NW1/4 of Section 17, Township 9 North, Range 84 West of the 6th P.M., Routt County, at a point 1,364 feet South of the North Section line and 175 feet East of the West section line. With the change in location for the pipeline and reservoir, the lands irrigated under these structures will be changed as follows: (1) a. If irrigation, complete the following: Number of acres proposed to be irrigated: 16 Legal description of acreage: Applicant seeks to change the place of use for 0.5 acres decreed for irrigation to the Westland Pipeline No. 1 in Case No. 06CW50 to a new location in a portion of the SW1/4SW1/4, Section 17, Township 9 North, Range 84 West, 6th P.M., as shown on Exhibit A b. Non-irrigation uses of stock watering, recreation, aesthetics, piscatorial, and augmentation uses will occur for these structures at the changed locations described in II. 2., above. Name and address of owner or reputed owner of land upon which any new diversion or storage structure will be constructed: Applicants, for all above-described claims. Remarks: Applicants requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, granting new water rights for the Westland Pond No. 2 and the Westland Pipeline No. 1 for the amounts and uses described above, approval of the applied for change in point of diversion, place of storage, and location of use, and preserving Applicants’ senior water rights priorities in the amounts and uses as set forth herein for the requested change of water right, and grants to Applicants such other relief as the Court deems just and proper. 12CW30006, ROUTT COUNTY, unnamed tributaries of Deep Creek, tributary to Elk River, tributary to Yampa River. Application to Make Portion of Holy Cross Spring Conditional Water Right Absolute. Name, mailing address, email address, telephone number of applicant: Solomon Family Trust, c/o Mary Ann and Raymond Charles Solomon, 4450 Colona Pl., Loveland, CO 80538, 970.669.0970. Direct all pleadings and court-related documents to Claire E. Sollars, Esq., P.O. Box 881302, Steamboat Springs, CO 80488-1302, Claire.Sollars@hughes.net, 970.757.2713. Name of structure: Holy Cross Spring. Description of conditional water rights: Original Decree: On November 29, 2007 in Case No. 05CW49, Routt County Combined Courts, Water Division No. VI, the Water Court awarded conditional water rights to the Solomon Family Trust for four (4) springs (Holy Cross Spring, Queen of Peace Spring, St. Anthony Spring, and Angel Fire Spring) and two (2) reservoirs (St. Francis Pond and St. Benedict Pond). Subsequent Diligence Decrees: An Application for Finding of Reasonable Diligence concerning Case No. 05CW49 is due in November 2013. This case concerns the Solomon Family Trust’s request to make a potion of the Holy Cross Spring conditional water right absolute. Legal Description: As described in the 05CW49 Decree of the Water Court, Holy Cross Spring is located in the NE ¼ SE ¼ of Section 26, at a point about 1730 ft North of the South section line and about 815 ft West of the East section line of said section, in Township 8 North, Range 86 West of the 6th P.M. in Routt County, Colorado. Source of Water: The source of water for Holy Cross Spring is unnamed tributaries of Deep Creek, tributary to Elk River, tributary to Yampa River. Appropriation Date and Amount of Water: The date of initiation of appropriation for Holy Cross Spring is July 30, 1996 and the amount awarded is 0.20 cfs (Conditional). Uses: The decreed conditional uses for Holy Cross Spring are firefighting, wildlife watering, livestock, domestic, aesthetic, irrigation, and to fill and refill the ponds. Both ponds will also be used for piscatorial and recreational purposes. Depth (if well): N/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: From December 2007 through and including September 2012, the Solomon Family Trust consulted and worked with professional staff from the Fish and Wildlife Service (FWS) and Natural Resource Conservation Service (NRCS) and spent $2,991.61 to develop Holy Cross Spring. If claim to make absolute in whole or in part: Date water applied to beneficial use: September 30, 2011. Amount and Use: Holy Cross Spring was developed in September 2011 at which time the spring generated approximately 0.05 cfs of water. Holy Cross Spring was and continues to be used for wildlife watering. Description of place of use where water is applied to beneficial use: Holy Cross Spring water is used by wildlife at its developed location. Actual Location: Holy Cross Spring was developed in Township 8 North, Range 86 West of the 6th P.M. in the NE ¼ SE ¼ of Section 26, at a point approximately 1,845 ft North of the South section line and 662 ft West of the East section line of said section (map on file). The UTM coordinates are Northing 4498562 Easting 331271, Zone 13. Name and address of owner 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: The Solomon Family Trust owns the land where the Holy Cross Spring is located and upon which the water rights have been and will be used. Remarks: The Solomon Family Trust respectfully requests the Water Court enter a decree in which the Water Court: (1) adjudicates 0.05 cfs of the 0.20 cfs conditional water right for the Holy Cross Spring absolute for the use of wildlife watering; (2) continues the remaining 0.15 cfs conditional water right in full force and effect for the use of wildlife watering; and (3) continues the conditional water right of 0.20 cfs in full force and effect for the uses of firefighting, livestock, domestic, aesthetic, irrigation, and to fill and refill the ponds decreed in Case No. 05CW49. You are hereby notified that you will have until the last day of DECEMBER, 2012 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, P.O. Box 773117, Steamboat Springs, CO 80477. ROUTT COUNTY COMBINED COURT WATER DIVISION 6 By: /s/ Melissa A. Rogers Court Judicial Assistant Directory: Courts -> Water -> Resumes -> Div6 Resumes -> District court, water division 3, state of colorado Resumes -> District court, water division no. 2, Colorado Resumes -> District court, water division 3, state of colorado Div6 -> To all persons interested in water applications Resumes -> District court, water division 3, state of colorado Download 19.39 Kb. Share with your friends:
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