To all persons interested in water applications



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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 APRIL, 2013.
07CW117 ROUTT COUNTY Amended Application for Water Storage Right and Underground Water Right, Name of applicant: Constance Harvey 421D A.A.B.C. Aspen, CO 81611-3551 Business tele: (970) 925-3272 Residence tele: (970) 925-3502 Direct Pleadings To: Margaret O’Donnell, The Law Firm of Margaret O’Donnell, P.O. Box 773572 Steamboat Springs, CO 80477 (970) 879-2104 A. APPLICATION FOR WATER STORAGE RIGHT A. Name of Reservoir: Harvey Chimney Creek Pond B. Legal

description of location of dam: The Harvey Chimney Creek Pond is located in the SE1/4 NE1/4

of Section 27, Township 8 North, Range 86 West, 6th P.M., Routt County, CO. See Map, attached as Exhibit A. GPS location information in UTM format (averaged): Northing: 4499186 Easting: 329482 Zone 13 The Harvey Chimney Creek Pond is an on-channel reservoir. The amount claimed is 2 acre feet, conditional, and the right of fill and refill. 2. Source: Chimney Creek, tributary to Deep Creek, tributary to Elk River. 3. Appropriation: A. Date of initiation of appropriation: April 25, 2007. B. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the purchase of the property as recorded in the real estate records for Routt County at Reception Number 656610, the hiring of legal professionals to prepare the water application, and a site visit by the Division Engineer’s Office personnel to discuss the proposed pond. C. Date water applied to beneficial use: N/A. 5. Amount claimed: 2.0 acre feet, right of fill and refill, conditional 6. Use or proposed use: wildlife watering, stock watering for approximately 350 head of cattle and horses, and irrigation of approximately 20 acres on Applicant’s property located in the SE1/4 NE1/4 of Section 27, Township 8 North, Range 86 West of the 6th P.M. and depicted on the Map attached as Exhibit A. A. If irrigation, complete the following: irrigation of approximately 20 acres as described above. B. If non- irrigation, describe purposes fully: The Harvey Chimney Creek Pond will be used for wildlife watering and stock watering of approximately 350 head of cattle and horses. 7. Surface area of high water line: .5 acres A. Maximum height of dam in feet: 8 feet B. Length of dam in feet: 150 feet C. Total capacity of reservoir in acre feet: 2.0 acre feet, all active storage B. APPLICATION FOR UNDERGROUND STORAGE RIGHT

1. Name of Underground Water Right and permit, registration, or denial numbers(s). If permit



applied for, but not acted upon, give date of permit application : Harvey Infiltration Gallery. This permit will be applied for from the Colorado State Engineer. The Harvey Infiltration Gallery is a tributary well (infiltration gallery). 2. Legal description of the well: The water from which the water collected in the infiltration gallery will be diverted and pumped is to be located in the SE1/4 NW 1/4, Sec. 26, T8N, R. 86W of the 6th P.M., Routt County GPS location information in UTM format (averaged): Northing: 4499077 Easting: 330362 Zone 13 See Map, attached herewith as Exhibit A 1. 3. Source: alluvium of Deep Creek, tributary to the Elk River, and the Elk River alluvium. 4. Depth: The depth of the Harvey Infiltration Gallery will be between 10 feet and 50 feet in depth. 5. Appropriation: A. Date of appropriation: April 25, 2007.B. How appropriation was initiated: Formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the purchase of the property as recorded in the real estate records for Routt County at Reception Number 656610, the hiring of legal professionals to prepare the water application, and a site visit by the Division Engineer’s Office personnel to discuss the proposed pond C. Date water applied to beneficial use: N/A 6. Amount claimed: 1.5 cfs (674 gpm), 3 acre feet,conditional 7. Proposed use: domestic use within a single family residence and a barn, and stock water uses for a 35 acre tract located in the SE1/4NW1/4 of Section 26, Township 8 North, Range 86 West, 6th P.M., Routt County, CO. 8. Name and address of owner of the land upon which diversion or storage structure is located. Applicant 9. Remarks: Applicant requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S. Section 37-302, approval of the applied for appropriation dates, and establishing the amounts and uses for the storage and underground water rights applied for herein, with the right of fill and refill for the storage right, a finding that the conditional water rights can and will be put to beneficial use in conformance with 37-92-305(9)(b), and grants to Applicant such other relief as the Court deems just and proper.
13CW8 ROUTT COUNTY Application for Absolute Surface Water Rights. Applicant-Claude Utterback Family Trust, Ronald G. Summers, Trustee, 106 Greensview Dr, Cary NC 27581 919-858-0952 or from 6/1 to 10/1 HC66 Box 21, Steamboat Springs, CO 80487, 970-846-5177. Structure: John A Utterback Jr Spring/Pond #1; Legal Description: SE4, SE4, Sec 32, T7N, R86W, 6th PM, 935 ft from S and 255 Ft from E, Source of PLSS-Topo map; Wolf Mountain, CO N4030-W10700/7.5 (map in Court file); Source: Unnamed tributary to Tow Creek tributary to Yampa River; Date of appropriation-7/23/1940; How appropriation initiated-dug out, formed earthen pond; Date water applied to beneficial use-7/23/1940; Amount claimed-3 GPM absolute; Use-Livestock watering. Structure: John A Utterback Jr Spring #3; Legal Description: SE4, SE4, Sec 32, T7N, R86W, 6th PM, 850 ft from S and 550 Ft from E, Source of PLSS-Topo map; Wolf Mountain, CO N4030-W10700/7.5 (map in Court file); Source: Unnamed tributary to Tow Creek tributary to Yampa River; Date of appropriation-7/23/1940; How appropriation initiated-dug out, gravel, piped to ditch; Date water applied to beneficial use-7/23/1940; Amount claimed-2 GPM absolute; Use-Livestock watering. Non-irrigation use-livestock watering, Location for both structures marked on Topo map in Court file. Also in file is copy of Homestead Patent #1107542 and cover letter with a more detailed explanation of Homestead Patent and appropriation and use of water. Applicant is owner.
2013CW3005, RIO BLANCO COUNTY, WHITE RIVER, WATER DIVISION NO. 6. Shell Frontier Oil & Gas Inc. Attn: Mark S. Pippin, Staff Contracts Representative, 4582 South Ulster St., Rm. 503, Denver, CO 80231, Tele:(303)305-7801, E-Mail: mark.pippin@shell.com, c/o Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262, kmkurath@wth-law.com. Application For Finding Of Reasonable Diligence. Name of Structure: Shell Pumping Plant. Description of Conditional Water Right: Orig. Decree: April 29, 2007, Case No 05CW178, Water Div. 5. Location: The primary point of diversion for the Shell Pumping Plant is located at the following point: A point of diversion on the S. bank of the White River in the SW1/4 NE1/4 of Sec. 32, Twnshp 2 N., R. 101 W. of the 6th P.M., Rio Blanco County, CO, and more particularly described as being 1,720 ft from the N Sec Line and 2,160 ft from the E. Sec. Line of said Sec. 32. This location is sometimes referred to as the Shell Ducey Pump site. A map showing the location of this primary point of diversion is attached to application as Exhibit B. The Shell Pumping Plant shall also have an alternative point of diversion located at the following point: A point of diversion on the S. bank of the White River in the NE1/4 NW1/4 of Sec. 2, Twnshp 2 N, R. 98 W. of the 6th P.M., Rio Blanco County, CO, and more particularly described as being 1,355.88 ft. from the W. Sec. Line and 1,152.36 ft from the N. Sec. Line of said Sec. 2. This location is sometimes referred to as the Shell Yellow Jacket Pump site. A map showing the location of this point of diversion is attached to Application as Exhibit A. Source: White River. Appropriation Date: January 1, 1999. Amount: 25 c.f.s., conditional. Use: The use of the water is for industrial and mining purposes, including but not limited to drilling activities, product processing, power generation, remediation, dust control and other activities in connection with the mining and production of oil and other products from oil shale, and for domestic and commercial purposes. Such uses are referred to in the Application as the “Decreed Uses.” Water diverted under the Shell Pumping Plant water right may be used by Applicant on or in connection with the development of lands in which Applicant currently has a legally vested interest. The lands in which Applicant currently has a legally vested interest are described on Exhibit C, attached to the application. Water diverted under the Shell Pumping Plant water right may also be used by Applicant on or in connection with the development of lands in which applicant has a reasonable expectation of procuring a legally vested interest in the future. Lands in which Applicant has a reasonable expectation of procuring a legally vested interest in the future are described on Exhibit D, attached to the application. Applicant shall not be entitled to use water diverted under the Shell Pumping Plant water right on or in connection with the development of lands described on Exhibit D unless and until Applicant obtains a legally vested interest in such lands. Water diverted under the Shell Pumping Plant water right may be used directly for the Decreed Uses. Water diverted under the Shell Pumping Plant water right may also be stored in reservoirs on the property described on Exhibits C and D for use and subsequent release for any of the Decreed Uses. Water diverted under the Shell Pumping Plant water right may also be used for augmentation of, for replacement of and/or by exchange for water diverted for Decreed Uses in connection with the development of the property described on Exhibits C and D and depletions from such diversions; provided, that such water can only be used by or for augmentation, replacement or exchange in connection with a plan approved in accordance with applicable law by the water court, the state engineer, or other appropriate administrative official. No appropriative rights of exchange are adjudicated. Owners Names and Addresses, Shell Ducey Pump site is located on land owned by: Alan R. Ducey, 401, Hazelwood Drive, Rangely, CO 81648; Shell Yellow Jacket Pump site is located on land owned by: Davidson Yellow Jacket Ranch, Ltd., c/o Davidson Enterprises, Inc., 352 5 Murrell Road, Suite 3-C, Rockledge, FL 32955-4758; Any water stored under this water right will be stored on land owned or controlled by Applicant. The Application contains a detailed outline of the work performed during the diligence period. (26 pages)
13CW3006 ROUTT COUNTY Application for Conditional Storage Rights, Conditional Ground Water Rights and Plan of Augmentation. Applicant: Mystic Hill Ranch, Josh Kilbane, Ranch Manager, 48755 RCR 56C, Steamboat Springs, CO 80487, 970-819-3821; all correspondence to Peter J. Ampe, Esq., Hill & Robbins, P.C., 1441 18th Street, Suite 100, Denver, CO 80202, 303-296-8100. I. SURFACE WATER RIGHT 1.1 Name and Capacity of the Ditch: Miller Ditch MHR Enlargement. 1.2. Legal Description from (CDSS/AquaMap) of Point of Diversion: County: Routt. SW1/4 NE1/4 of Section 30, Township 8 North, Range 86 West of the 6th P.M. Approximately 2,330 feet from the North section line and 2,643 feet from the East section line. 1.3 Source: Miller Creek, tributary to Deep Creek, tributary to Elk River, tributary to Yampa River. 1.4 A. Date of Appropriation: May 22, 2012. B. How appropriation was initiated: Formation of intent and on-site engineering inspection and report. C. Date water applied to beneficial use: CONDITIONAL. 1.5 Amount Claimed: 1.0 CFS CONDITIONAL. 1.6 Use: To fill and refill the MHR Augmentation Pond and MHR Pond and the MHR Well Pond. Other beneficial uses after storage are irrigation, recreation, aesthetics, stock water, freshening flows for piscatorial and wildlife propagation, fire protection, and augmentation. CONDITIONAL. 1.7 Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns or controls the land on which all structures described in this application are located. II. SURFACE WATER RIGHT 2.1 Name and Capacity of the Ditch: Miller Pipeline. 2.2. Legal Description from (CDSS/AquaMap) of Point of Diversion: County: Routt. SE1/4 NE1/4 of Section 30, Township 8 North, Range 86 West of the 6th P.M. Approximately 1,548 feet from the North section line and 57 feet from the East section line. 2.3 Source: Miller Creek, tributary to Deep Creek, tributary to Elk River, tributary to Yampa River. 2.4 A. Date of Appropriation: May 22, 2012. B. How appropriation was initiated: Formation of intent and on-site engineering inspection and report. C. Date water applied to beneficial use: CONDITIONAL. 2.5 Amount Claimed: 0.5 CFS CONDITIONAL. 2.6 Use: To fill and refill the MHR Pond and groundwater recharge for the MHR Well Pond. Other beneficial uses after storage are irrigation, recreation, aesthetics, stock water, freshening flows for piscatorial and wildlife propagation, fire protection, and augmentation. CONDITIONAL. 2.7 Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns or controls the land on which all structures described in this application are located. III. WATER STORAGE RIGHT 3.1 Name of Structure and Legal Description of Approximate Centroid of Structure: MHR Augmentation Pond. The center of the MHR Augmentation Pond is located in the NW1/4 NW1/4 of Section 29, Township 8 North, Range 86 West, 6th P.M. Approximately 858 feet from the North section line and 567 feet from the West section line. 3.2 A. Estimated Surface Area, Storage Volume, Stream Depletion Factor, and Rate of Filling for Each Structure: The MHR Augmentation Pond has an estimated surface acreage of 0.20 acres at the high water line, the estimated storage volume 0.90 acre-feet with 0.03 acre-feet dead storage and the right to fill and refill when in priority (conditional), rate of filling of 1.0 cfs. B. If Off-Channel Reservoir, Name and Capacity of Ditch or Ditches Used to Fill Reservoir, and Legal Description of Each Point of Diversion: (Include distance and bearing from established government section corner or quarter corner, or distances from section lines and indicate ¼ ¼, section number, township, range and meridian; include map): The MHR Augmentation Pond will be filled by the Miller Ditch MHR Enlargement, see Section I, above. Springs and seeps also fill the MHR Augmentation Pond. C. Vertical Height and Length of Dam: Height of dam is less than 10 feet; length of dam is 200 feet. 3.3 Source: Miller Creek, tributary to Deep Creek, tributary to Elk River, tributary to Yampa River; surface springs and runoff also tributary to Miller Creek, tributary to Deep Creek, tributary to Elk River, tributary to Yampa River. 3.4 A. Date of Appropriation: May 22, 2012. B. How appropriation was initiated: Formation of intent and on-site engineering inspection and report. C. Date water applied to beneficial use: CONDITIONAL. 3.5 Use: Irrigation, aesthetics, recreation, stock water, freshening flows for piscatorial and wildlife propagation, fire protection and augmentation with the right to use and reuse such waters. 3.6 Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns or controls the land on which all structures described in this application are located. IV. WATER STORAGE RIGHT 4.1 Name of Structure and Legal Description of Approximate Centroid of Structure: MHR Pond. The center of the MHR Pond is located in the SW1/4 NW1/4 of Section 29, Township 8 North, Range 86 West, 6th P.M. Approximately 1,531 feet from the North section line and 458 feet from the West section line. 4.2 A. Estimated Surface Area, Storage Volume, Stream Depletion Factor, and Rate of Filling for Each Structure: The MHR Pond has an estimated surface acreage of 0.11 acres at the high water line, the estimated storage volume 0.50 acre-feet with 0.02 acre-feet dead storage and the right to fill and refill when in priority (conditional), rate of filling of 1.5 cfs. B. If Off-Channel Reservoir, Name and Capacity of Ditch or Ditches Used to Fill Reservoir, and Legal Description of Each Point of Diversion: (Include distance and bearing from established government section corner or quarter corner, or distances from section lines and indicate ¼ ¼, section number, township, range and meridian; include map): The MHR Pond will be filled by the Miller Ditch MHR Enlargement at 1.0 cfs and Miller Pipeline at 0.5 cfs, see Sections I and II, above. Springs and seeps also fill the MHR Pond. C. Vertical Height and Length of Dam: Height of the dam is less than 10 feet, length is 250 feet. 4.3 Source: Miller Creek, tributary to Deep Creek, tributary to Elk River, tributary to Yampa River; surface springs and runoff also tributary to Miller Creek, tributary to Deep Creek, tributary to Elk River, tributary to Yampa River. 4.4 A. Date of Appropriation: May 22, 2012. B. How appropriation was initiated: Formation of intent and on-site engineering inspection and report. C. Date water applied to beneficial use: CONDITIONAL. 4.5 Use: Irrigation, aesthetics, recreation, stock water, freshening flows for piscatorial and wildlife propagation, fire protection and augmentation with the right to use and reuse such waters. 4.6 Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns or controls the land on which all structures described in this application are located. V. GROUNDWATER RIGHT 5.1 Name of structure and permit number. MHR Well Pond, unpermitted. 5.2 Legal description of well (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate ¼ ¼, section number, township, range and meridian; include map). County: Routt. SW1/4 NW1/4 of Section 29, Township 8 North, Range 86 West, 6th P.M. Approximately 1,489 feet from the North section line and 83 feet from the West section line. 5.3 Name and Capacity of Ditches Used to Fill the Pond: Miller Ditch, MHR Enlargement, 1.0 cfs; Miller Pipeline, 0.5 cfs. See sections 1 and 2, above. Springs and seeps also fill the MHR Well Pond. 5.4 Source: Miller Creek, tributary to Deep Creek, tributary to Elk River, tributary to Yampa River. Surface runoff, springs, seeps and groundwater, tributary to Miller Creek, tributary to Deep Creek, tributary to Elk River, tributary to Yampa River. 5.5 A. Date of appropriation: May 22, 2012. B. How appropriation was initiated: Formation of intent and on-site engineering inspection and report. C. Date water applied to beneficial use: CONDITIONAL. 5.6 Amount claimed in acre feet annually: 0.30 acre-feet, CONDITIONAL. 5.7 Proposed use: Irrigation, aesthetics, recreation, stock water, freshening flows for piscatorial and wildlife propagation, fire protection and augmentation with the right to use and reuse such waters. 5.8 Designated Basin: This structure is not within a designated basin. 5.9 Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns or controls the land on which all structures described in this application are located. 5.10 Remarks: As constructed, this pond will intercept a small amount of groundwater. Applicant is filing this claim in order to comply with Colorado law regarding the construction of wells and will, if necessary, file for a well permit. Injurious depletions caused by out-of-priority groundwater interception will be replaced under the plan for augmentation, below. VI. PLAN FOR AUGMENTATION The Application requests approval of a plan for augmentation to replace out-of priority depletions associated with the MHR Pond and MHR Well Pond described above. 6.1 Names of structures to be augmented: MHR Well Pond and MHR Pond, described above. 6.2 Are there other water rights diverted from the structures? No. 6.3 Water Rights to be used for augmentation: MHR Augmentation Pond, described above. 6.4 Previous decree(s) for water right(s) to be used for augmentation: None. 6.5 Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. This plan for augmentation replaces out-of-priority evaporative depletions from MHR Pond and the MHR Well Pond as depicted on Figure 1 attached hereto. a. Evaporative Demands: (1) Surface evaporation from the MHR Pond and MHR Well Pond will be augmented when out-of-priority to allow the ponds to continue to store water for their decreed uses or, when not augmented, will drop commensurate with their own evaporation rate. The total surface area of the MHR Pond and MHR Well Pond is estimated to be 0.21 acres. (2) Annual surface evaporation from the two ponds was calculated in order to determine the estimated drop in the water surface due to evaporation. Gross annual evaporation was calculated from NOAA Technical Report NWS 33, Evaporation for the Contiguous 48 United States using the isopleths of annual shallow lake evaporation for the State of Colorado. The gross annual evaporation was distributed on a monthly basis according to the General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the State Engineer Pursuant to SB-120 & SB-93-260. For the purposes of augmentation, evaporation is assumed to occur only when the average daily temperature is greater than 32 degrees Fahrenheit. Therefore, monthly evaporation was modified accordingly to average monthly temperatures. (3) The surface evaporation analysis concluded that the annual gross evaporation is 40.0 inches. Credit for effective precipitation was not taken, per the State Engineer’s Policy No. 2004-3. The net annual evaporation rate is 34.56 inches. Over the estimated 0.21 surface acres associated with the ponds, the total annual evaporation is estimated to be 0.605 acre feet if the ponds were to remain full as shown on Table 1. If the total water surface associated with the ponds (including inlet and outlet ditches) is greater than 0.21 surface acres, sufficient replacement water will be constructed and/or acquired to offset the additional depletions. b. Replacements: This plan for augmentation addresses all downstream water rights call scenarios on Miller Creek, Deep Creek, the Elk River, or the Yampa River below its confluence with the Elk River. The source of water supply used to replace the stream depletions described above is released from the MHR Augmentation Pond. Water from the MHR Augmentation Pond will be released from a low level outlet and piped directly to the MHR Well Pond. Water from the MHR Well Pond is then proposed to be piped to the MHR Pond and then released back to Miller Creek as shown on Figure 2. To the extent the MHR Well Pond intercepts groundwater and such interception of groundwater may cause injurious depletions, Applicant will release sufficient water previously stored in priority from the MHR Augmentation Pond to replace such injurious depletions. Table 2 outlines a dry year augmentation schedule assuming the call originates from a downstream source such as the CWCB instream flow water rights on the Elk River and/or other senior agricultural rights on Miller Creek or Deep Creek. As shown in Table 2, there is sufficient water storage in the MHR Augmentation Pond to keep the MHR Pond and MHR Well Pond full during the call. Any irrigation from stored water in the MHR Augmentation Pond or MHR Pond will be curtailed during the call period. The Applicant will have the ability to store water in and release water from the MHR Augmentation Pond and the MHR Pond. During a valid downstream senior call on Miller Creek, Deep Creek, the Elk River, or the Yampa River below its confluence with the Elk River, the MHR Augmentation Pond will be administered by lowering the pond commensurate with its evaporation rate in addition to the augmentation releases. The MHR Augmentation Pond will have a low level outlet or inline water level control structure to regulate the storage in the pond. If there is insufficient augmentation water previously stored in priority in the MHR Augmentation Pond, the MHR Pond can be administered separately as it is also equipped with a low level outlet with the ability to release all of its out-of-priority evaporative depletions to Miller Creek. Under this scenario, augmentation releases will first be accounted for the MHR Well Pond and then to the MHR Pond.
You are hereby notified that you will have until the last day of JUNE, 2013 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

Deputy Court Clerk

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