DISTRICT COURT, WATER DIV. 6, COLORADO
TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 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 DIV. 6, during the month of NOVEMBER, 2008.
1. 08CW69 ROUTT COUNTY Application for Water Rights (Surface). Applicant: Richard A. Landon, PO Box 911, Clark, CO 80428. Ph (970) 846-1942. Name of Structures: Landon Spring. Legal Description of each point of diversion: NW1/4 of the SW1/4 of Sec. 15 T9N R85W of the 6th P.M. at a point of 3600 feet from north Section Line and 1800 feet from West Section Line of said Section. Street Address: Olive Drive. Subdivision: Willow Creek Pass Lot A. GPS location information in UTM format: Points averaged? Yes. Northing 4511352 N Easting 338498 E Zone 13. Source: Spring, tributary to Elk River tributary to Yampa River. Date of initiation of appropriation: December 1, 2007. How appropriation was initiated: by filing application for intent to use spring. Amount claimed: 15 GPM (0.033 cfs) Conditional. Use or proposed uses: Domestic. If non-irrigation, describe purpose fully: Drinking water for one single family dwelling. Name and address of owner: Adamo Family Partnership et tal. Box 817, Clark, CO 80428 Attn: Wayne Adamo.
2. 08CW72 ROUTT COUNTY Application for Water Rights (Surface). Packer Land LLC, c/o Gabe Butler – Montana Log Homes, P.O. Box 771865, Steamboat Springs, CO 80477. c/o Perkins Coie LLC, William H. Fronczak, Christopher Sutton, 1899 Wynkoop St., Suite 700, Denver, CO 80202. Name of Structure: North Spring Lot 7. Legal description: Routt County, NW4 NE4, Sec 1, T6N, R86W, 6th PM, 1300 ft from N and 2110 ft from E Sec Line. Source for structure: Natural spring tributary to the Elk River with is Tributary to the Yampa River. Date of initiation of appropriation: 9/27/2007. How appropriation was initiated: Acquisition of Property. Date water applied to beneficial use: 05/01/2008. Amount claimed: 0.03 cfs Conditional. Use or proposed use: Domestic, commercial, irrigation, stock water, recreation, fish and wildlife propagation, fire protection, central water supply for such uses and also for exchange, replacement, and augmentation purposes on 359 acres generally described as SE1/4 of the NW1/4 of Section 6, Township 6 North, Range 85 West, 6th P.M. and the E1/2 of the NW1/4, the NE1/4 and the N1/2 of the SE1/4 of Section 1, Township 6 North, Range 86 West of the 6th P.M. Landowner: applicant. Remarks: A finding that the water from this structure may be used with other water on the property as an integrated system to serve the 359 acres described above and that the diligence with respect to one component of the integrated water system constitutes diligence for the entire system.
3. 08CW73 ROUTT COUNTY Application for Water Rights (Surface). Packer Land LLC, c/o Gabe Butler – Montana Log Homes, P.O. Box 771865, Steamboat Springs, CO 80477. c/o Perkins Coie LLC, William H. Fronczak, Christopher Sutton, 1899 Wynkoop St., Suite 700, Denver, CO 80202. Name of Structure: South Spring Lot 5. Legal description: SE4 NE4, Sec 1, T6N, R86W, 6th PM, 2142 ft from N and 1102 ft from E Sec Line. Source for structure: Natural spring tributary to the Elk River with is Tributary to the Yampa River. Date of initiation of appropriation: 9/27/2007. How appropriation was initiated: Acquisition of Property. Date water applied to beneficial use: 05/01/2008. Amount claimed: 0.03 cfs Absolute. Domestic, commercial, irrigation, stock water, recreation, fish and wildlife propagation, fire protection, central water supply for such uses and also for exchange, replacement, and augmentation purposes on 359 acres generally described as SE1/4 of the NW1/4 of Section 6, Township 6 North, Range 85 West, 6th P.M. and the E1/2 of the NW1/4, the NE1/4 and the N1/2 of the SE1/4 of Section 1, Township 6 North, Range 86 West of the 6th P.M. Landowner: applicant. Remarks: A finding that the water from this structure may be used with other water on the property as an integrated system to serve the 359 acres described above and that the water from structure has been diverted and controlled by way of a seep collection system allowing the entry of an absolute decree for this structure.
4. 08CW76 (95CW114) (02CW34) MOFFAT COUNTY Application For Finding of Reasonable Diligence and to Correct Legal Description for Bitter Brush Diversion #1. Name, address, telephone number of Applicant: Colorado Division of Wildlife, and the Wildlife Commission (“CDOW”), 6060 Broadway, Denver, CO 80216, Phone: (303) 291-1192. C/O Beth Van Vurst, Assistant Attorney General, 1525 Sherman Street, 5th Flr, Denver, CO 80203, 303 866-5054. I. Application to Correct Legal Description of Bitter Brush Diversion #1 1. Bitter Brush Diversion #1 was originally decreed on April 9, 1996 in Case No. 95CW114, District Court, Water Division 6, in the amount of 0.5 cfs for livestock use. A Finding of Reasonable Diligence was entered for on November 18, 2002 in Case No. 02CW34, District Court, Water Division 6. 2. In both of those cases, Bitter Brush Diversion #1 is described as being located in the SW1/4 of the NW1/4 of Section 35, Township 6 North, Range 96 West of the 6th P.M., at a point 0 feet from the East of the West Section line and 2600 feet North of the South Section line of said section. 3.Upon further review, the CDOW has determined that the legal description provided in the aforementioned cases places Bitter Brush Diversion #1 in the wrong quarter section. The remainder of the description provided in those cases, including the distance from each section line, is correct. Based on that information, Bitter Brush Diversion #1 should be located in the NW1/4 of the SW1/4. 4. The CDOW requests the legal description for the Bitter Brush Diversion #1 be corrected such that it be identified as being located in the NW1/4 of the SW1/4 of Section 35, Township 6 North, Range 96 West of the 6th P.M., Moffat County, Colorado at a point 2600 feet North of the South section line and 0 feet East of the West section line. UTM Location (NAD 83): N: 4479584 E: 232573 Zone 13 N (the points were not averaged). This application does not seek to change any portion of the decreed amount or use of this conditional water right. II.Application for Finding of Reasonable Diligence 5. Name of structures: A. Bitter Brush Diversion #1 and B.Bitter Brush Pond #1 6. Description of Conditional Water Rights as decreed in Case No. 95CW114 and modified in Case No. 02CW34 in the Water Court for Water Division No. 6: A. Date of Original Decree: Both structures were originally decreed on April 9, 1996 in Case No. 95CW114, District Court, Water Division 6. A Finding of Reasonable Diligence was entered for both structures on November 18, 2002 in Case No. 02CW34, District Court, Water Division 6. B. Legal description: 1.Bitter Brush Diversion #1 (as revised in accordance with Applicant’s first claim) is located in the NW1/4 of the SW1/4 of Section 35, Township 6 North, Range 96 West of the 6th P.M., Moffat County, Colorado at a point 2600 feet North of the South section line and 0 feet East of the West section line. UTM Location (NAD 83): N: 4479584 E: 232573 Zone 13 N (the points were not averaged). 2. Bitter Brush Pond #1 is located in the SW1/4 of the NW1/4 of Section 35, Township 6 North, Range 96 West of the 6th P.M., Moffat County, Colorado at a point 2450 feet South of the North section line and 250 feet East of the West section line. UTM Location (NAD 83): N: 4480012 E: 232644 Zone 13 N (the points were not averaged). A map setting forth the locations of both structures is attached to the Application as Exhibit A. C. Source: Jacobs Draw, tributary to Deception Creek, tributary to the Yampa River (both structures). D. Appropriation Date: September 27, 1995 (both structures) E. Amount: 1. Bitter Brush Diversion #1, 0.5 cfs, conditional 2.Bitter Brush Pond #1 1.5 acre-feet, conditional F. Use: Bitter Brush Diversion #1 is conditionally decreed for livestock water. Bitter Brush Pond #1 is conditionally decreed for livestock water and irrigation. 7. Provide 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: Bitter Brush Diversion #1 and Bitter Brush Pond #1 are part of an integrated project designed to provide water at the Bitter Brush State Wildlife Area (“Bitter Brush SWA”). A map of the property boundary and water resources at Bitter Brush SWA is attached to the Application as Exhibit B. The overall management strategy at the Bitter Brush SWA is to create contiguous habitat for wildlife and utilize cattle grazing as a management tool. To this end, the CDOW has continued to graze the SWA (the current rate of grazing is 700 AUMs) and investigate possible land acquisitions for other lands adjacent to the Bitter Brush SWA. Development of a diversity of water supplies within the SWA is also an important strategy to promote overall range health. Due to a prolonged regional drought that limited the availability of surface flows in Jacobs Draw, the CDOW prioritized resources toward development of groundwater rather than surface water projects. Since the last finding of reasonable diligence, the following specific actions have occurred: The application filed in the previous diligence case, Case No. 02CW34, notes a pending land and water exchange with the City of Craig. On September 26, 2002, this exchange was executed, and the CDOW acquired approximately 500 acres of land adjacent to the location of these conditional water rights. This parcel also contained water rights (four lined and earthen ponds) and the Woodring Well, all within a mile of the conditional rights. In summer of 2004, CDOW replaced a solar pump on the Woodring Well (Permit No. 204336) located within ¼ mile of these conditional rights. In April 2006, the main stock well (Permit No. 165012), which feeds 19 tanks, was drilled deeper and a new pump was installed. The cost incurred by the CDOW was approximately $13,000. In summer 2007, a windmill well (Permit No. 211380) was updated with a solar pump for feeding stock tanks and a small impoundment. The cost incurred by the CDOW for this improvement was approximately $8,000. In summer 2007 and 2008, seven more stock tanks were replaced at a cost of approximately $4,000. Aside from the water development work described above, the CDOW has re-built and upgraded the corrals located next to Bitter Brush Diversion #1 and Bitter Brush Pond #1. The CDOW has also conducted resume review on a monthly basis to protect the Bitter Brush Diversion #1 and Bitter Brush Pond #1 water rights from injury. The CDOW will continue to develop and improve existing water resources to ensure that stock has adequate access to water, since these resources also benefit wildlife in the area. 8. Name and address of owner 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 existing storage pool: Colorado Division of Wildlife, and the Wildlife Commission, 6060 Broadway, Denver, CO 80216, Phone: (303) 291-1192.
5. 08CW77 ROUTT COUNTY Application for Finding of Reasonable Diligence. Applicant Twentymile Coal Company, 29515 Routt County Road #27, Oak Creek, Colorado 80467, Attention: Jerry Nettleton. William H. Caile, Esq., Holland & Hart, LLC, 555 17th Street, Ste. 3200, Denver, CO 80202, (303) 295-8000. 2. Name of Structures (a) William H. Jones Ditch, First Enlargement (b) Jefferson Ditch, First Enlargement (c) Boettler Ditch, Second Enlargement (d) Energy Fuels Reservoir No. 2. 3. From Previous Decrees: (a) William H. Jones Ditch, First Enlargement. (i) Date of original decree: May 14, 1980 Case No. 1-1256-77, Water Division No. 6. (ii) Location: The left and west bank of Trout Creek near the NW¼ SW¼ Section 7, Township 5 North, Range 85 West, 6th P.M. (iii) Source: Trout Creek. (iv) Appropriation Date: December 1, 1977. (v) Amount: 125.0 cfs, reduced from 248.34 cfs in Case No. 88CW029. (vi) Use: Irrigation, fish propagation, domestic, municipal, industrial, commercial, mineral processing, suppression of fugitive dust, electrical generation, fire prevention, stock watering, exchange, substitution, replacement and augmentation in connection with other water rights of Applicant, including storage in Energy Fuels Reservoir No. 2 and later diversion for any of the above uses. (b) Jefferson Ditch, First Enlargement. (i) Date of Original Decree: May 14, 1980. Case No. W125677, Water Division No. 6. (ii) Location: The left bank of Trout Creek at a point whence the SE Cor. Section 36, T6N, R86W, 6th P.M., bears S26°13'W 80 feet. (iii) Source: Trout Creek. (iv) Appropriation Date: December 1, 1977. (v) Amount: 196.0 cfs, reduced from 246.0 cfs in Case No. 88CW029. (vi) Use: Same as William H. Jones Ditch, First Enlargement. (c) Boettler Ditch, Second Enlargement (i) Date of original Decree: May 14, 1980. Case No. W125677, Water Division No. 6. (ii) Location: A point on the left or west bank of Fish Creek whence the NE Cor., Section 10, T5N, R86W, 6th PM, bears N61 44' E 1400 feet. (iii) Source: Fish Creek. (iv) Appropriation Date: December1, 1977. (v) Amount: 144.0 cfs. (vi) Use: Same as William H. Jones Ditch, First Enlargement. (d) Energy Fuels Reservoir No. 2. (i) Date of Original Decree: May 14, 1980. Case No. W125677, Water Division No. 6. (ii) Location: From the NW Cor. Section 6, T5N, R85W, 6th P.M., to the east point of dam, S59°36'22”E 1251.53 feet; from the same NW Cor. to the west point of dam, S29°57'07"E 1,389.37 feet. (iii) Source: Diversions from Fish Creek and Trout Creek through the ditches described above, among others. (iv) Appropriation Date: July 8, 1977. (v) Amount: 30,000 acre feet (with right to fill and refill whenever water is available). (vi) Use: Irrigation, fish propagation, domestic, municipal, industrial, commercial, mineral processing, suppression of fugitive dust, electrical generation, fire prevention, stock watering, exchange, substitution, replacement and augmentation in connection with other water rights of Applicant. 4.