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DISTRICT COURT, WATER DIVISION 1, COLORADO
FEBRUARY 2012 WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of
FEBRUARY 2012 for each County affected.
12CW39 John J. Magdalenski and Lari L. Besant, 30194 Wild West Trail, Evergreen, Colorado 80439. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 2. Names of Structures: Creek Vistas Well Nos. 1 and 2. 3. Description of Conditional Water Rights: A. Date of Original Decree: November 16, 2005. Case No. 2005CW056. Court: District Court, Water Division 1. B. Location: Creek Vistas Well No. 1 is located in the SE1/4 SW1/4, Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 300 feet from the South Section line and 900 feet from the West Section line of said Section 28. The exact location of the Creek Vistas Well No. 2 will not be known until the residence the well will serve is constructed. The well can generally be described as being located within the SW1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County. C. Source: Ground water that is tributary to Cub Creek, Bear Creek and the South Platte River. D. Appropriation Dates: Creek Vistas Well No. 1: May 28, 1981. Creek Vistas Well No. 2: March 30, 2005. E. Amounts: Creek Vistas Well No. 1: 13 gallons per minute, Conditional. Creek Vistas Well No. 2: 15 gallons per minute, Conditional. F. Use. Domestic and ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens and fire protection. 4. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed. (a) The Creek Vistas Well Nos. 1 and 2 are part of the water supply for the Red Tail Ridge residential subdivision. One home within the subdivision currently exists and a second home is currently under construction. (b) The plat for the Red Tail Ridge subdivision was approved by Jefferson County in February of 2009. (c) The Creek Vistas Well Nos. 1 and 2 are the subject of a plan for augmentation approved by the District Court for Water Division 1 in Case No. 2005CW056. (d) The Red Tail Ridge Homeowners Association was formed in 2010 to oversee the administration of the plan for augmentation. The Association has been registered with the Colorado Secretary of State as a nonprofit Colorado corporation. (e) One of the lots in the Red Tail Ridge subdivision was sold in December of 2010. (f) Well permits have been obtained from the Colorado Division of Water Resources. (g) A Declaration of Covenants, Conditions and Restrictions for the Red Tail Ridge Subdivision has been prepared and filed of record in the office of the Jefferson County Clerk and Recorder. (h) Since the conditional Decree for the wells was entered in 2005, Applicants have expended in excess of $170,000.00 on the above referenced activities.. WHEREFORE, Applicants request that the Court enter an Order finding that diligent efforts have been made to put the water decreed conditionally to the Creek Vistas Well Nos. 1 and 2 to beneficial use and continue the conditional status of the water rights described herein for an additional diligence period. (4 pages).
THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of APRIL 2012 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.
Published March 15, 2012
Golden Transcript 04517806
DISTRICT COURT, WATER DIVISION 1, COLORADO
FEBRUARY 2012 WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of
FEBRUARY 2012 for each County affected.
12CW50 Upper South Platte Water Conservancy District, c/o David B. Wissel, President, P. O. Box 222, Fairplay, Colorado 80440, (303) 781-2430, dbwissel@msn.com, (“The Upper South Platte District”) APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING APPROPRIATIVE RIGHT OF EXCHANGE IN PARK, TELLER, JEFFERSON AND DOUGLAS COUNTIES. 1. Name, Address, Telephone Number and E-mail of Applicants. 1.1. Upper South Platte Water Conservancy District, c/o David B. Wissel, President, P. O. Box 222, Fairplay, Colorado 80440, (303) 781-2430, dbwissel@msn.com, (“The Upper South Platte District”) c/o Madoline Wallace-Gross, Jeffrey J. Kahn, Lyonds, Gaddis, Kahn & Hall, PC, 515 Kimbark St., 2nd Floor, P.O. Box 978, Longmont, CO 80502-0978. 1.2. Center of Colorado Water Conservancy District, c/o Daniel J. Drucker, Operations Manager, P.O. Box 1747, Fairplay, CO 80440-1747, (719) 836-2120, djdrucker@mailstation.com, (“The Center District”) c/o James W. Culichia, David M. Shohet, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, CO 80903. The Upper South Platte District and the Center District are collectively referred to as the Applicants or the Districts. 2. Case No. 2002CW389 Decree. The Districts adjudicated an augmentation plan and conditional and absolute appropriative rights of exchange in the decree entered April 28, 2008 in Case No. 02CW389, District Court, Water Division No. 1 (the “2008 Augmentation Plan”). The 2008 Augmentation Plan adjudicated a plan for augmentation for the Districts’ service areas which include all of Park County and those portions of Teller, Douglas, Jefferson and Clear Creek Counties located upstream of the confluence of the North Fork of the South Platte River and the South Fork of the South Platte River (Two Forks). The 2008 Augmentation Plan also adjudicated appropriative rights of exchange on various streams throughout the Districts’ service areas as set forth in ¶ 10 of the 2008 Augmentation Plan. A map of the Districts’ service areas for the 2008 Augmentation Plan is attached as Exhibit A. The service area for the augmentation plan to be adjudicated under this Application is the same as the 2008 Augmentation Plan. The augmentation water for the 2008 Augmentation Plan consists of the following: 37 acre feet of water supplied by the City of Aurora from any of the water rights owned by the City of Aurora that are decreed for storage in Spinney Mountain Reservoir; 29.2 acre feet of average annual consumptive use water from the Sessions Ditch (as changed in Case No. 05CW111, District Court, Water Division No. 1), 0.675 acre feet of consumptive use water consisting of 21.5 shares of Class A stock in the Mountain Mutual Reservoir Company, and water stored in-priority in 50 acre feet of storage owned by the Upper South Platte District in Spinney Mountain Reservoir. 3. Summary of this Application. The purpose of this Application is to adjudicate a second augmentation plan and conditional rights of exchange for the service area as described in Exhibit A. The augmentation plan to be adjudicated pursuant to this Application will be referred to as the 2012 Augmentation Plan. The 2012 Augmentation Plan will utilize new water sources and storage structures acquired by the Districts subsequent to the filing of the 2008 Augmentation Plan. The new water rights and storage facilities for the 2012 Augmentation Plan are listed in ¶¶5 and 6 of this Application. The 2012 Augmentation Plan proposes to utilize the same notice and comment procedure for adding new participating diversions to the augmentation plan as set forth in the 2008 Augmentation Plan. The existing members of the 2008 Augmentation Plan and new participating diversions added to the 2012 Augmentation Plan may utilize all of the water sources and structures provided in both the 2008 Augmentation Plan and the 2012 Augmentation Plan. CLAIM FOR PLAN FOR AUGMENTATION 4. Statement of Plan for Augmentation. The Districts will augment all consumptive use depletions of participants in the 2012 Augmentation Plan, including wells, pipelines, ponds, pumps and springs diverting tributary water for irrigation, stock watering, gravel mining, domestic, industrial, municipal and commercial uses within the boundaries of the Upper South Platte District and the Center District and within the drainage of the South Platte River as shown in EXHIBIT A (“Participating Diversions”). Water used for augmentation will derive from the sources listed in ¶ 5 of this Application and the exchanges decreed herein. New participating diversions may be added to the Districts’ plan pursuant to the terms set forth in ¶ 8 of this Application. 5. Water Rights and Structures to be Used for Augmentation in the 2012 Augmentation Plan. The Districts own or have the right to use the following water rights in this plan for augmentation: 5.1. Randall Ditch. A. Decree information: The Randall Ditch water rights were decreed for irrigation purposes as Priority Nos. 91 and 133 in Water District 23 by decree of the District Court of Park County dated October 18, 1889, Case No. 341, as amended by decree of the District Court of Park County dated July 30, 1896. The Randall Ditch was changed by the Center District and the Centennial Water & Sanitation District in Case No. 05CW111. B. Decreed point of diversion: On Michigan Creek in the SE1/4 of the SE1/4 of Section 13, Township 8 South, Range 76 West, of the 6th P.M., Park County, Colorado. C. Source: Michigan Creek, tributary to the South Platte River. D. Appropriation dates and amounts: Priority No. 91: May 1, 1878; 11.75 c.f.s. Priority No. 133: April 1, 1881; 11.75 c.f.s. E. Comments: The Center District owns the Randall Ditch which was adjudicated for 677 acre feet of average annual consumptive use water in Case No. 05CW111, District Court, Water Division No. 1. Pursuant to a one-hundred year lease between the Center District and the Centennial Water and Sanitation District that will expire in 2107, the Center District has the right to the first 200 acre feet per year of water from the Randall Ditch and Sessions Ditch water rights as changed in Case No. 05CW111. Of the 200 average annual acre feet that the Center District is entitled to during the term of the lease with Centennial, an average of 29.2 acre feet per year is allocated to the Sessions Ditch water right that is included as a water source in the 2008 Augmentation Plan, thus, through the end of the Centennial lease, 170.8 of the consumptive use credits associated with the Randall Ditch water rights are available as an augmentation water source under the 2012 Augmentation Plan. After the expiration of the Centennial lease in 2107, all of the Randall Ditch consumptive use credits will be available for use within the 2012 Augmentation Plan. 5.2. Parmalee Ditch No. 2 and Parmalee Ditch No. 3. A. Parmalee Ditch No. 2. i. Decree Information. The Parmalee Ditch No. 2 was originally adjudicated for irrigation in Civil Action 1678, District Court, Park County, entered May 22, 1913. ii. Decreed Point of Diversion. The headgate of the Parmalee Ditch No. 2 was decreed on Deer Creek in Section 5, Township 7 South, Range 72 West of the 6th P.M., at a point whence the S1/4 corner of Section 32, Township 6 South, Range 72 West bears North 9º4' West 2,613 feet. iii. Source: Deer Creek, tributary to the North Fork of the South Platte River. iv. Appropriation Date and amounts: May 1, 1867; 0.83 c.f.s. B. Parmalee Ditch No. 3. i. Decree Information. The Parmalee Ditch No. 3 was originally adjudicated for irrigation in Civil Action 1678, District Court, Park County, entered May 22, 1913. ii. Decreed Point of Diversion. The headgate of the Parmalee Ditch No. 3 was decreed on Deer Creek in Section 5, Township 7 South, Range 72 West, at a point whence the S1/4 corner of Section 32, Township 6 South, Range 72 West bears North 14º55' West 2,700 feet. iii. Source: Deer Creek, tributary to the North Fork of the South Platte River. iv. Appropriation Date and Amounts: May 1, 1867; 0.58 c.f.s. C. Comments re: Parmalee Ditch No. 2 and 3: On June 28, 2006 in Case No. 03CW231, District Court, Water Division No. 1 (“02CW231 Decree”), the Court approved a change of water rights for 0.63 c.f.s of the Parmalee Ditch No. 2 (“Ditch No. 2”) and 0.58 c.f.s. of the Parmalee Ditch No. 3 (“Ditch No. 3”). The Districts own 0.194 c.f.s of the 0.37 c.f.s (or 52.45 percent) of the Parmalee Ditches’ water rights changed in the 03CW231 Decree. Subsequent to the entry of the decree in Case No. 03CW231, in Case No. 06CW270, District Court, Water Division No. 1, the Districts’ changed their interest in the Parmalee Ditches to make such water available as an augmentation water supply for this Application. Pursuant to the 03CW231 and 06CW270 Decrees, the Districts’ diversion of the Parmalee Ditches consumptive use credits may occur according to the flow rates and volumes shown in the table attached as Exhibit B. 5.3 Flume Ditch. i. Decree Information: The Flume Ditch was originally adjudicated in Civil Action 1678, District Court, Park County, entered May 22, 1913. ii. Decreed Point of Diversion. The headgate of the Flume Ditch was decreed on Deer Creek in the SE Corner of Section 4, Township 7 South, Range 72 West of the 6th P.M., at a point whence the SE Corner of Section 4, Township 7 South, Range 72 West bears South 89º30' East 4,791 feet. iii. Source: Deer Creek, tributary to the North Fork of the South Platte River. iv. Appropriation Date and amounts: May 1, 1867; 4.41 c.f.s. A. Comments re Flume Ditch. In Case Nos. W-7434 and 80CW169, District Court, Water Division No. 1, 3.93 c.f.s of the 4.41 c.f.s originally decreed to this structure, was transferred out of the Flume Ditch. In Case No. 03CW231, District Court, Water Division No. 1, the balance of the 0.48 c.f.s of the 4.41 c.f.s originally decreed to this structure was changed and 0.29 c.f.s of the Flume Ditch was quantified for historic consumptive use and 0.19 c.f.s was abandoned to the stream. The Districts own 0.152 c.f.s of the 0.29 c.f.s (or 52.45 percent) of the water right changed in the 03CW231 Decree. Subsequent to the entry of the decree in Case No. 03CW231, in Case No. 06CW270, District Court, Water Division No. 1, the Districts’ changed their interest in the Flume Ditch to make such water available as an augmentation water supply for this Application. Pursuant to the 03CW231 and 06CW270 Decrees, the Districts’ diversion of the Flume Ditch consumptive use credits may occur according to the flow rates and volumes shown in the table attached as Exhibit C. 5.4. Districts’ Option to acquire additional interests in the Parmalee Ditch No. 2 and 3 and Flume Ditch. In addition to the above rights, the Districts’ have a first option to purchase the remaining consumptive use credits in the Parmalee Ditch No. 2 and 3 and Flume Ditch water rights which are in excess of the requirements of the augmentation plan adjudicated in Case No. 03CW231. The additional water to be included in this Application includes the excess consumptive use credits adjudicated in Case No. 03CW231 that will be acquired by the Districts and not allocated to the Case No. 03CW231 plan for augmentation. 5.5. London Mining and Smelter Ditch and Smelter Pipeline Reservoir. The Center District owns the Smelter Pipeline Reservoir as adjudicated in Case No. W-4322-72, District Court, Water Division No. 1 as well as the London Mine and Smelter Ditch which diverts from Mosquito Creek near Alma Colorado and is the physical source of water to the Smelter Pipeline Reservoir. The Center District adjudicated a conditional enlargement of the London Mine and Smelter Ditch and the Smelter Pipeline Reservoir in Case No. 09CW145, District Court, Water Division No. 1. The water rights associated with London Mine and Smelter Ditch as adjudicated in Case No. W-4322-72 and 09CW145 and stored in the Smelter Pipeline Reservoir are additional augmentation water sources for this Application. A. Decree Information: The Smelter Pipeline Reservoir and London Mining and Smelter Ditch were adjudicated in Case No. W-4322-72. In Case No. 09CW145, the Center District adjudicated a conditional enlargement of these structures. B. Decreed Point of Diversion. The London Mining and Smelter Ditch and the London Mining and Smelter Ditch Enlargement, which is the source of fill for the Smelter Pipeline Reservoir, is located on the left bank of Mosquito Creek at a point whence the E1/4 corner of Section 13, Township 9 South, Range 78 West of the 6th p.m. bears south 58 degrees 30' East 1,892 feet. C. Source: Mosquito Creek, tributary to the Middle Fork of the South Platte River. D. Appropriation Date and amounts: September 2, 2009. 1.5 c.f.s., and 50 acre feet of storage in the Smelter Pipeline Reservoir. E. Additional Comments. The Smelter Pipeline Reservoir is adjudicated as a place of storage for the Randall Ditch, Sessions Ditch, Parmalee Ditch No. 2 and 3, and Flume Ditch water rights described in ¶¶ 5.1 through 5.6 of this Application. 5.6. Guiraud 3T water right. The Districts own or have the right to use consumptive use credits in the Guiraud 3T Ditch water right. A. Decree Information: Original Adjudication, Water District 23 entered October 18, 1889. B. Appropriation Date and amounts: July 1, 1867, 20 c.f.s, absolute. C. Decreed Point of Diversion. The Guiraud 3T Ditch headgate is located on the South bank of the Middle Fork of the South Platte River in the NE1/4, Section 8, Township 11 South, Range 76 West, 6th PM, Park County, Colorado, at a point whence the Northeast Corner of said Section 8 bears North 63º 35’ East, 1,305 feet. D. Source. Middle Fork of the South Platte River. E. Additional Comments. Originally decreed for irrigation uses, this water right has been subject to various change proceedings. The Guiraud 3T water rights have been used in many plans for augmentation and past decrees have determined the average annual consumptive use under the Guiraud 3T Ditch to be 21.825 acre feet per 1.0 c.f.s. Applicants’ claim the same 21.825 acre feet per 1.0 c.f.s., or fractional amount thereof. 5.7. James Tingle Reservoir. The Center District owns 49.6% of the James Tingle Reservoir which is located adjacent to Michigan Creek near Jefferson, Colorado. A 2009 water storage right for the James Tingle Reservoir was adjudicated by co-applicants’ the Center District and the Centennial Water & Sanitation District in Case No. 09CW180, District Court, Water Division No. 1. The James Tingle Reservoir is filled by diversions from Michigan Creek through the Sessions Ditch structure and includes a fill and refill right. A. Decree Information. The James Tingle Reservoir was adjudicated in Case No. 09CW180, District Court, Water Division No. 1. B. Legal description of location of dam centerline: The dam centerline is located approximately 920 feet from the East section line and 960 feet from the South section line in the SE 1/4 of the SE 1/4 of Section 18, Township 8 South, Range 75 West, 6th P.M., Park County, Colorado. The James Tingle Reservoir is filled through the Sessions Ditch structure. The capacity of the Sessions Ditch is 13 c.f.s. The headgate of the Sessions Ditch is located on Michigan Creek, in the NW 1/4 of the SE1/4 of Section 13, Township 8 South, Range 76 West, 6th P.M., at a point approximately 2,056 feet from the East section line and 1,557 feet from the South section line of said Section 13, Park County, Colorado. C. Source: Michigan Creek, tributary to Tarryall Creek, tributary to the South Platte River. D. Date of appropriation and amounts: April 22, 2009. The James Tingle Reservoir is adjudicated for 235 acre feet, with 5.5 acre feet absolute and the balance conditional, with a right of one refill. The Center District owns 30 acre feet of operable capacity within the James Tingle Reservoir and water stored in that space pursuant to the 09CW180 Decree is water that is available as an augmentation water source in this Application. E. Additional Comments. Consumptive use credits associated with the Randall Ditch and Sessions Ditch water rights may be stored in the Center District’s 30 acre feet of storage space in the James Tingle Reservoir. 5.8. Additional Replacement Sources. Applicant seeks the ability to designate additional replacement sources for use in this augmentation plan, including: A. Water included in a substitute water supply plan approved pursuant to C.R.S. §37-92-308. B. Water that is part of an interruptible water supply agreement approved pursuant to C.R.S. §37-92-309. C. Water that is decreed or lawfully available for augmentation or replacement use and not already approved for such use under this decree. Applicants shall give at least thirty (30) days advance written notice of their intent to use the water right to the Division Engineer, the Court and all the objectors. No water right may be used unless the Division Engineer approves of its inclusion in this plan. D. Water that is not decreed or otherwise lawfully available for augmentation use, if Colorado statutes or other governing authority provide a mechanism for using such water right. 6.0. Storage Structures. The Districts own, have the right to store water, or will acquire the right to store water in the following structures. Augmentation water for use in this plan may be stored and/or released from any or all of such structures: 6.1. Smelter Pipeline Reservoir. (See, ¶ 5.7). 6.2 James Tingle Reservoir. (See, ¶5.9). 6.3. Chatfield Reservoir. Chatfield Reservoir is formed by Chatfield Dam, an existing structure located on the mainstem of the South Platte River. The right abutment is located in Douglas County, Colorado, in Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M.; the left abutment is located in Jefferson County, Colorado, in Section 1, Township 6 South, Range 69 West of the 6th P.M. The Center District has a commitment to own 131.32 acre feet of storage space in the pending project to reallocate 20,600 acre feet of storage space in Chatfield Reservoir. The Districts’ Randall Ditch, Sessions Ditch, Parmalee Ditch No. 2 and 3 and Flume Ditch water rights are all adjudicated for storage in Chatfield Reservoir. In addition, water stored in priority in the Center District’s storage space in Chatfield Reservoir shall be additional augmentation water under the 2012 Augmentation Plan. 6.4. Cottage Grove Reservoir. Cottage Grove Reservoir is located in the W1/2 NW1/4, Section 19, Township 9 South, Range 77 West of the 9th P.M. The inlet of the reservoir is located on the left bank of the Middle Fork of the South Platte River at a point which bears S.38o54’15”E a distance of 1471.405 feet from the NW corner of said Section 19. Cottage Grove Reservoir is an adjudicated place of storage for the Guiraud 3T water rights. 6.5. Silver Tip Lodge Reservoirs No. 1-5. The Silver Tip Lodge Reservoirs No. 1-5 are located in the NW1/4 of Section 18, Township 7 South, Range 73 West, 6th P.M., Park County, Colorado. These reservoirs are filled by diversions from the Lake Ditch. The headgate of the Lake Ditch is situated at a point on the northeast bank of the North Fork of the South Platte River whence the Southwest corner of Section 7, Township 7 South, Range 73 West bears North 21’Eeast 851 feet. The Districts’ Parmalee Ditch No. 2 and 3 and Flume Ditch water rights are adjudicated for storage in these reservoirs. 6.6. Gloria Z Reservoir: The Gloria Z Reservoir is an existing gravel pit located in the S1/2 of the S1/2 of Section 29 and the N1/2 of the N1/2 of Section 32, Township 9 South, Range 77 West of the 6th P.M., Park County, Colorado. The physical source of fill for the Gloria Z Reservoir is the CCWCD Sacramento Creek Ditch No. 1 (subject of application pending in Case No. 02CW240(B) or the alternate point of diversion claimed by Playfair Land Company, LLC., for the Platte City Ditch in Case No. 11CW90, District Court, Water Division No. 1. The CCWCD Sacramento Creek Ditch No. 1 is located in the SE1/4 of the SW1/4 of Section 29, Township 9 South, Range 77 West of the 6th P.M., Park County, Colorado and diverts from Sacramento Creek, tributary to the Middle Fork of the South Platte River. The alternate point of diversion claimed by Playfair Land Company, LLC., for the Platte City Ditch as set forth in Case No. 11CW90 is located in the SE1/4 of the SW1/4 of Section 29, Township 9 South, Range 77 West of the 6th P.M., Park County, Colorado and diverts from Sacramento Creek, tributary to the Middle Fork of the South Platte River. The Gloria Z Reservoir is an adjudicated place of storage for the Center District’s Randall Ditch and Sessions Ditch Water Rights. 6.7. Spinney Mountain Reservoir. This reservoir is located in the S1/2 of Section 25, Township 12 South, Range 74 West of the 6th P.M., Park County, Colorado; the left abutment of said dam is located at a point whence the southwest corner of Section 36, Township 12 South, Range 74 West of the 6th P.M., bears South 23_26' West 8314.3 feet, Park County, Colorado. The Upper South Platte District owns 50 acre feet of storage space in Spinney Mountain Reservoir. The Randall Ditch, Sessions Ditch, Flume Ditch and Parmalee Ditches No. 2 and 3 water rights are all adjudicated to be stored in the Upper South Platte District’s storage space in Spinney Mountain Reservoir. 7.0. Structures to be Augmented. The Districts will augment various ground water and surface water diversion structures that apply to and are accepted into this plan (the “Participating Diversions”). 7.1. Participating Diversions. Participating diversions and the land on which they are located and used must be located within the boundaries of the Service Area within Water Division No. 1, as it may be amended from time to time, as shown on EXHIBIT A. Participating Diversions include, but are not limited to, the Participating Diversions operating in the 2008 Augmentation Plan, which are described in Exhibit D. 7.2. Basis for Determining Amount of Replacement Water. Participating Diversions will be instructed to meter diversions and provide the same to the Districts. If the Participating Diversions’ do not provide diversion records to the Districts, the Districts shall apply the following presumptive water use rates in order to calculate depletions to be augmented: A. Residential indoor use shall be determined by the table in Exhibit E. B. Irrigation consumptive use is based on elevation corrected Blaney-Criddle analysis for bluegrass and shall be determined by the table in Exhibit F. C. Livestock (12 gallons per head per day) shall be 100% consumptive. D. Pond water surface evaporation shall be determined by the table in Exhibit G. E. Commercial/Industrial uses: The amount of replacement water required for all commercial or industrial uses, whether based upon metered diversions or the table in Exhibit H of water use rates, will be calculated based upon the method of sewage disposal system utilized as set forth in Exhibit E. 8.0 Proposed Procedure to Enter Plan. The Districts propose to use the following procedure established in the 2008 Augmentation Plan as the procedure for adding Participating Diversions to the 2012 Augmentation Plan. 8.1. Application: Those owners of wells, pipelines, diversion structures, ponds and springs who wish to participate in this plan for augmentation must submit to the Districts an application, fees and appropriate supplemental information. 8.3. Notice and Comments: Upon receipt of the application, fees and supplemental information, the Districts shall provide notice of the application to the Opposers and the State Engineer. The notice shall include the application and the supplemental information. Opposers may file comments with the State Engineer and the Applicants within thirty (30) days of receipt of the notice for applications for residential use and within sixty (60) days for applications for commercial or industrial use. 8.4. Decision by the Districts: If no comments have been filed for a specific application, then the Districts may approve the application. If comments have been filed for a specific application, then the Districts may approve the application, approve the application with conditions, or deny the application based on the approved criteria. The Districts shall provide notice of approval of an application to all Opposers who filed comments. 8.4. Protest: Any Opposer who filed comments to a particular application pursuant to ¶ 8.3. and who opposes the Districts’ approval of the application may, within sixty (60) days of the approval by the Districts of a new participating diversion, apply to the Water Court for a de novo hearing, under the Court’s retained jurisdiction, as to whether the terms and conditions of this decree have been met with respect to the request for a new participating diversion. Such de novo hearing shall be pursuant to the Water Right Determination and Administration Act of 1969, §37-92-101 C.R.S., et. seq. New diversions, by either an uncontested approval by the State Engineer or by order of the Water Court, shall be made part of this decreed plan for augmentation. 8.2. Well Permits: For any well added to this plan, no diversions from such wells shall be authorized until such time as a well permit is issued for uses approved to be augmented under this plan. The Division Engineer shall issue any well permits in accordance with §37-90-137(2), C.R.S. 9. Operation of Augmentation Plan. 9.1. Depletions. Participating Diversions may create instantaneous and lagged depletions to the stream system depending upon the location of such diversions. Diversions from Participating Diversions will be metered or, if meter records are not provided, assigned the presumptive values listed in ¶ 8, above. Consumptive use values will also be determined in accordance with ¶ 8. A. Steady-State Depletions. Participating Diversions for in-house domestic use and stock watering are presumed to occur on a year-round basis. Therefore, a steady-state condition is assumed such that replacements will equal depletions. B. Lagged Depletions. Lagged depletions to the stream system will primarily occur from groundwater diversions located at a distance from the stream. Applicants have delineated zones within the Service Area to identify the amount, location and relative timing of lagged depletions. Applicants will account for lagged depletions and accrual of irrigation return flows based on the accrual of such depletions and return flows to the stream and not on a steady-state basis. 9.2. Replacement Water. Applicants will either make reservoir releases or by-pass consumptive use credits in order to provide replacement of depletions from Participating Diversions in time, place and amount. Replacements will account for spikes in use during the irrigation season and for lagged depletions pursuant to ¶ 9.1.B. At times when the exchange rights decreed herein are legally and physically available, replacement water will be exchanged up to the point of depletion on each tributary. A. Replacement water with regard to instream flow water rights. Where exchanges operate to a point of depletion, such replacement water shall be excepted to a CWCB call, with measurement of such CWCB water rights occurring at the lowest point on the relevant instream flow reach. If a valid CWCB call is placed on a decreed instream flow reach that would otherwise result in the curtailment of a Participating Diversion, Applicants will augment the out-of-priority depletions in time, place and amount to the extent necessary to prevent injury to the instream flows by whatever means available at the time of the call, including but not limited to trucking replacement water to be delivered to the effected reach, or by releasing replacement water from any water source available to the Districts at the time of the call and by whichever means the Districts uses so long as the calling instream flow reach is augmented. Pursuant to §37-92-102(3)(b), C.R.S., a CWCB call, as referenced herein, shall only affect the Districts’ out-of-priority diversions that were not being used or were not in existence prior to the date of appropriation of the relevant CWCB instream flow right being called. CLAIM FOR APPROPRIATIVE RIGHTS OF EXCHANGE 10. Appropriative Rights of Exchange. Applicants seek a decree confirming and approving the following described appropriative rights of exchange. 10.1. Exchange Reaches:
Column (1) Column (2) Column (3) Column (4)
Stream Upper Terminus Lower Terminus Exchange Rate
Conditional (C) or Absolute (A)
Row(A) South Fork South Platte River Headwaters in vicinity of Confluence Middle Fork South Platte 5.0 c.f.s (C)
lat 39 07 40N long 106 10 48W River at lat 39 00 39N long 105 44 23W
Row
(B) Middle Fork South Platte River Headwaters in vicinity of Confluence South Fork South Platte
lat 39 21 52N long 106 08 51W River at lat 39 00 39N long 105 44 23W 10 c.f.s., (C)
1.0 c.f.s (A)
Row
(C)Tarryall Creek Headwaters in vicinity of
lat 39 20 32N long 106 00 30W Confluence South Platte
River in S16 T11S R71W 6 PM 10 c.f.s. (C)
Row
(D)Michigan Creek Headwaters in vicinity of Confluence Tarryall Creek in
lat 39 27 02N long 105 56 09W NE/4 SW/4 S1 T9S R75W 6 PM 10 c.f.s. (C)
Row (E) Jefferson Creek Headwaters in vicinity of Confluence Michigan Creek at
lat 39 28 35N long 105 53 04W lat 39 19 40N long 105 46 07W 5 c.f.s (C)
Row (F) North Fork South Platte River Headwaters in vicinity
of S14 T6S R76W 6 PM Confluence South Platte River in
SW/4 SE/4 S25 T7S R70W 6 PM 10 c.f.s. (C)
0.5 c.f.s (A)
Row (G) South Platte River Confluence South Fork and
Middle Fork South Platte River at
lat 39 00 39N long 105 44 23W Chatfield Reservoir described in ¶ 6.3 15 c.f.s. (C)
0.137 c.f.s (A)
Row (H)Horse Creek Confluence Horse Creek and West Creek
in NW/4 SW/4 S36 T9S R70W 6 PM Confluence South Platte River in
NW/4 NE/4 S21 T9S R70W 6PM 3 c.f.s (C)
0.37 c.f.s (A)
Row (I)Twin Creek Headwaters in vicinity of S14 T13S R70W 6 PM Confluence South Platte River
in S30 T12S R71W 6 PM 3 c.f.s. (C)
0.053 c.f.s (A)
Row (J) Mosquito Creek Headwaters in vicinity of Confluence Middle Fork South Platte River
lat 39 19 03N long 106 10 09W in SW NW S18 T9S R77W 6PM 3 c.f.s. (C)
Row (K) Elk Creek Headwaters in vicinity of Confluence North Fork South Platte Riv
lat 39 32 47N long 105 33 34W er in NE SE S 27 T7S R71W 6 PM 3 c.f.s. (C)
Row (L) Deer Creek Headwaters in vicinity of Confluence North Fork South Platte River
lat 39 33 00N long 105 37 50W r in NE/4 S36 T7S R72W 3 c.f.s. (C)
Row (M) Fish Creek Headwaters in vicinity of S9 T14S R 72W 6PM Confluence Twin Creek
in NW/4 S3 T13S R71W 6PM 3 c.f.s. (C)
Row (N) Crystal Creek Headwaters in vicinity of S12 T12S R71W 6PM Confluence South Platte River
in E/2 S5 T12S R71W 6PM 2 c.f.s. (C)
Row (O) Agate Creek Headwaters in vicinity of S5 T15S R74W 6PM Confluence South Fork South Platte River
in SW/4 S14 T12S R76W 6PM 2 c.f.s. (C)
Row (P) Pine Gulch Headwaters in vicinity of SE/4 S1 T7S R72W Confluence with North Fork South Platte River
in SW/4 S27 T7S R71W 2 c.f.s. (C)
Row (Q) Turkey Creek Headwaters in SE/SE 25 T11S R71W 6PM Cheesman Lake in the vicinity of
S13 T10S R71W 6PM 2 c.f.s. (C)
0.18 c.f.s (A)
Row (R) Buffalo Creek Confluence of Freeman Creek and Rolling Confluence North Fork South Platte River
Creek in NE/4 S30 T8S R71W 6PM in S31 T7S R70W 6PM 4 c.f.s. (C)
0.30 c.f.s (A)
Row (S) Trout Creek Teller County line in SW/4 SW/4 S34 Confluence Horse Creek and Trout Creek in
T10S R69W 6 PM NW/4 SW/4 S36 T9S R70W 6 PM 3 c.f.s (C)
0.37 c.f.s (A)
Row (T) Buckskin Creek Lake Emma at lat 39 19 47N long 106 08 20W Confluence Middle Fork South Platte River
in N2 S12 T9S R78W 6 PM 2 c.f.s. (C)
(U) West Creek Teller County line in SW/4 SW/4 S31 T10S R69W 6 PM Confluence Horse Creek and West Creek
in NW/4 SW/4 S36 T9S R70W 6 PM 3 c.f.s (C)
0.37 c.f.s (A)
Row (V) Grape Creek Headwaters in vicinity of
NW/4 SE/4 S21, T13S, R70W 6PM Confluence with Twin Creek in
NE/4 SW/4 S2 T13S R71W 6PM 2 c.f.s. (C)
Row (W) Payne Creek Headwaters in vicinity of
NE/4 SW/4 S12 T8S R73W 6PM Confluence with North Fork of the South Platte
in SW/4 NE/4 T7S R73W 6PM 1 c.f.s. (C)
0.035 c.f.s
(A) Row (X) Sacramento Creek Headwaters in the vicinity of
NE/4 NW/4 S25 T9S R79W 6PM Confluence with Middle Fork South Platte
in the SE/4 of SW4 of S29 T9S R77W 6PM 3 c.f.s. (C)
Row (Y) Little Turkey Creek Headwaters in the vicinity of
NE/4 NE/4 S19 T11S R70W 6PM Confluence with Turkey Creek in
NW/4 NE/4 § 30 T10S R70W 6PM 2 c.f.s. (C)
0.18 c.f.s (A)
Row (Z) Indian Gulch Headwaters in the vicinity of
NW/4 SE/4 S27 T9S R75W 6PM Confluence with Tarryall Creek in
SE/4 NE/4 S10 T9S R75W 6PM 1 c.f.s. (C)
10.2. Operation of Exchanges. Water will be exchanged from the Lower Termini identified in Column 3 up the exchange reaches to the Upstream Termini identified in Column 2 in ¶10.1. In certain instances, water will not be exchanged from the Lower Terminus, but from a point higher on the stream (e.g. from Spinney Mountain Reservoir instead of the Lower Terminus identified in Row G, Column 3 in ¶ 10.1). . Likewise, water may not be exchanged to the Upper Terminus of the exchange reach, but to a point lower on the stream (e.g. to Spinney Mountain Reservoir instead of the Upper Terminus identified in Row G, Column 2 in ¶ 10.1, above). 10.3. Appropriation Date: February 1, 2012. 10.4. How appropriation was initiated: Posting notice of a public meeting of the Districts, adoption at a public meeting properly noticed of resolutions evidencing the Districts’ intent to appropriate said exchanges, and the filing of the Application in this case. 10.5. Sources of Water for Exchange. The sources of water for exchange are described in ¶¶ 5 and 6 above. 11. Names and addresses of owners or reputed 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 stored, including any modification to the existing storage pool: 11.1. The Smelter Pipeline Reservoir is located on land owned by the Center District. 11.2. The James Tingle Reservoir is located on land owned by Steven D. Bargas, P.O. Box 30, Como, CO, 80432, subject to a perpetual easement for the reservoir owned by the Center District and the Centennial Water & Sanitation District. 11.3. Chatfield Reservoir is located on land owned by U.S. Army Corps of Engineers, Omaha District, 9307 South Wadsworth, Littleton, CO 80128. 11.4. Cottage Grove Reservoir is located on land owned by Duane S. Larson, 501 Ash Street, Denver, CO 80220. 11.5. Silver Tip Lodge Reservoirs No. 1-5 and the Lake Ditch are located on land owned by Bristlecone Investments, LLC., 5443 South Miller Street, Littleton, CO 80127. 11.6. Gloria Z Reservoir is on land owned by Playfair Land Company, LLC., P.O. Box 1180, Alma, CO 80420. 11.7. Spinney Mountain Reservoir is owned by City of Aurora, c/o Director of Utilities, 1470 S. Havana, Aurora, CO 80012.
THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of APRIL 2012 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.
Published March 15, 2012
Golden Transcript 04517807
DISTRICT COURT, WATER DIVISION 1, COLORADO
FEBRUARY 2012 WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of
FEBRUARY 2012 for each County affected.
12CW34 Cody Gregg Ullman, Trustee of the Cody Gregg Ullman Trust U/D/T/ 09-13-02, as amended (“Applicant”); 28212 Kelly Johnson Parkway, #165; Valencia, CA 91355; (661) 705-2471. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY; Attorneys: Alix L. Joseph (#33345) and Sarah M. Shechter (#40478); Firm: BURNS, FIGA & WILL, P.C., 6400 S. Fiddlers Green Circle, Suite 1000, Greenwood Village, CO 80111; Phone (303.796.2626); Fax (303.796.2777); E-mails: ajoseph@bfw-law.com;sshechter@bfw-law.com. Name, mailing address, and telephone number of Applicant: Cody Gregg Ullman, Trustee of the Cody Gregg Ullman Trust U/D/T/ 09-13-02, as amended (“Applicant”); 28212 Kelly Johnson Parkway, #165; Valencia, CA 91355; (661) 705-2471. (1) Description of Conditional Water Rights: Creek Vistas Well No. 3; Permit No. 74665-F; Date of Original Decree: The original decree in Case No. 05CW56 (Division 1) was entered on November 10, 2005. Out-of-priority depletions caused by pumping Creek Vistas Well No. 3 will be replaced pursuant to the augmentation plan approved in Case No. 05CW56; Date of Appropriation: March 30, 2005; Decreed Amount: 15 g.p.m., conditional; Location: SW1/4 SW1/4, Section 28, T5S, R71W of the 6th P.M., located 982 feet from the South line and 599 feet from the West line of said Section 28 in Jefferson County, Colorado; Source: groundwater that is tributary to Cub Creek, Bear Creek, and the South Platte River; Uses: domestic and ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens, and fire protection purposes; Creek Vistas Well No. 4: Date of Original Decree: The original decree in Case No. 05CW56 (Division 1) was entered on November 10, 2005; Out-of-priority depletions caused by pumping Creek Vistas Well No. 4 will be replaced pursuant to the augmentation plan approved in Case No. 05CW56; Date of Appropriation: March 30, 2005; Decreed Amount: 15 g.p.m., conditional; Location: to be located on Lot 3 of the Red Tail Ridge Subdivision in Jefferson County, Colorado, in the SW1/4, Section 28, T5S, R71W of the 6th P.M.; Source: groundwater that is tributary to Cub Creek, Bear Creek, and the South Platte River; Uses: domestic and ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens, and fire protection purposes; Outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed; During the diligence period, the Applicant purchased Creek Vistas Well Nos. 3 and 4 along with the lot to be served by the wells. Applicant’s predecessors in interest obtained a well permit from the State Engineer for Creek Vistas Well No. 3 (Permit No. 74665-F), and Applicant drilled and completed the well. Applicant has also begun construction on a residence to be served by the wells; Landowners: Applicant owns the land on which the wells are to be located.
THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of APRIL 2012 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.
Published March 15, 2012
Golden Transcript 04517805
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