DISTRICT COURT, WATER DIVISION 7, COLORADO
WATER RESUME
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TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of March, 2008, for each county affected.
08CW1John Garrison Adams, PO Box 1657, Cortez, CO 81321: Montezuma County; Murray Zwicker Tozer Ditch; Date of original decree, 12/31/00; Case No. 00CW12; SW1/4SW1/4SW1/4, Section 31, T36N, R18W, NMPM; 652 feet from South, 535 feet from West; Northing 4138452.6, Easting 156176.8; 0.3 cfs; Irrigation of 5 acres added to historical service area; Hambelton Ditch; SE1/4SW1/4SW1/4, Section 31, T36N, R18W, NMPM; 239 feet from South, 1168 feet from West; Northing 4138317.2, Easting 156364.8; 0.5 cfs; Irrigation of 10 acres that have been added to the historical service area; McElmo Creek; Appropriation date, 4/30/99; Work performed towards completion of project outlined in detail in application. Amended Application for Finding of Diligence and Amended Application to Make Absolute (12 pages)
08CW12Joseph Hancock, PO Box 5009, Mohave Valley, AZ 86446: Montezuma County;Cave Spring Pond No 1; SW1/4SW1/4, Section 5, T37N, R17W, NMPM; 820 feet from South, 220 feet from West; Northing 4155612, Easting 167953; Cave Spring tributary to Yellow Jacket Canyon; Date of initiation of appropriation, December 15, 2007; Appropriation initiated by purchased property and contacting Dept. of Water Resources; 0.5 cfs Conditional; Irrigation; Number of acres proposed to be irrigated, 40; Non-irrigation, pond evap. and fire protection. Application for Water Rights (Surface) (8 pages)
08CW13Joseph Hancock, PO Box 5009, Mohave Valley, AZ86446: MontezumaCounty;
Cave Spring No. 1; Permit pending, 2/8/08; SW1/4SW1/4, Section 5; T37N; R17W, NMPM; 820 feet from South, 220 feet from West; Northing 4155612, Easting 167953; Cave Spring tributary to Yellow Jacket; Depth 10’; Date of appropriation, December 15, 2007; Appropriation initiated by purchased property and contacting Water Resources; 90.075 af 224.5 gpm Conditional; Amount claimed in acre feet annually, 90.075; Number of acres historically irrigated, none; Total number of acres proposed to be irrigated, 40; Non-irrigation, pond evap. and fire protection. Application for Underground Water Right (9 pages)
08CW14Mike & Tambra Spencer, 11615 Rd 42, Mancos, CO81328: MontezumaCounty; Spencer Ditch; Date of previous decree, 3/22/1963; Case No. CA 0967; Headgate of said ditch is located at a point on the West bank of Bob Creek tributary to the West Mancos River from which it derives its supply of water, from which point the Northeast corner of Section 14, T37N, R12W, NMPM, bears North 40 04 East 2424 feet from which headgate the course of said ditch is westerly 10,866 feet distant; Bob Creek; Appropriation date, 8/8/1937; 9.4; Priority #62-43; Proposed change, irrigate 160 acres that have been historically irrigated by Spencer Ditch-no change in historically irrigated acres. Requesting to change point of diversion only; SW1/4SE1/4, Section 25, T37N, R13W, NMPM; 958.35 feet from South, 1456.18 feet from East; Northing 4147733.7, Easting 213748.3. Application for Change of Water Right (6 pages)
08CW15Leland Riley, PO Box 1207, Pagosa Springs, CO 81147: ArchuletaCounty; O’Connell and King, Priority #77 (43); Date of previous decree, January 20, 1902; Case No. CA 073; Headgate of said ditch is located on the west bank of said McCabe Creek at a point ten (10) rods southwest from the northeast corner of Section 3, T35N, R2W, NMPM; McCabe Creek; Appropriation date, March 10, 1894; one-quarter (¼) cfs; Historic use, irrigation, see exhibit attached to application; Proposed change, change in point of diversion, change in use to irrigation, fish, recreation and storage to referenced POD, amount, one-quarter cfs, pumped from creek to Riley Pond for fish, storage and recreation, and from pond, pumped to landscape irrigation; NE1/4SW1/4, Section 2, T35N, R2W, NMPM; Northing 4129871, Easting 319920. Application for Change of Water Right (5 pages)
08CW16Leland L Riley, PO Box 1207, Pagosa Springs, CO 81147: Archuleta County; Riley Pond; NW1/4SW1/4, T35N, R2W, NMPM; 2162 feet from North and 1274 feet from West; Northing 4129745, Easting 319765; Name of ditch and capacity, O’Connell and King Ditch (Riley Pump) ¼ cfs; NE1/4SW1/4, Section 2, T35N, R2W, NMPM; 2520 feet from South, 3450 feet from East; Northing 4129871, Easting 319920; Unnamed tributary of McCabe Creek, Riley Pump (May 1, 1998); Date of appropriation, June 1, 1963; Appropriation was initiated, pond constructed by previous land owner; Date water applied to beneficial use, June 1, 1963; 7.5 acre feet with right of one refill Absolute; Rate of diversion in cfs for filling the reservoir, ¼ cfs O’Connell and King Ditch (Riley Pump) Absolute; Irrigation; Number of acres historically irrigated, 12; Proposed to be irrigated, 4; Non-irrigation, irrigation, fish, recreation, fire; Surface area of high water line, 1.62 acres; Maximum height of dam in feet, 9.8; Length of dam in feet, 230 ft; Total capacity of reservoir in acre feet, 9.6; Active capacity, 9.6 (via pump); Dead storage, 0.0; Dam is located and land within high water line, 5699-023-00-106, 43.55 acres. Application for Water Storage Right (4 pages)
08CW17Kennebec Enterprises LLC, 4 County Road 24, Hesperus, CO81326: La PlataCounty; Shalako #2 Well; Date of previous decree, 9/23/74; Case No. W-1187-74; NW1/4NW1/4, Section 14, T34N, R11W, NMPM whence the NW corner of Section 14 bears N25°28’36”W 1354.86 ft. La Plata River Watershed; Groundwater tributary to the La Plata River; Appropriation date, 12/31/74; Water has historically been used at Kennebec Café and motel for commercial purposes in a restaurant and a motel, this includes incidental outside uses as well as minor landscaping on the site; Parcel no. 565714200164; Applicant will continue using the water in the same manner as historically used on the same site; Proposed change, water will be taken as a new point of diversion which is an existing well located on Parcel #5657-142-00-163 at a point in the NW1/4NW1/4, Section 14, T34N, R11W, NMPM approximately 740 ft from the North Section line and 430 feet from the West Section Line of said Section 14. Water well permit #250554 (HH use only) will be relocated to the well currently being used for the commercial use. A new permit will be obtained for the commercial use as described in case W-1187-74 and 81CW54. The new location of the Shalako Well No. 2 will be metered and limited to the uses allowed under the water cases and will be augmented as described in 81CW54. Both properties are owned by the applicant and any easements necessary will be applied to the properties to allow for conveyance of water from one property to the other. Amount, Case W-1187-74, .1332 cfs Absolute for commercial use in the Kennebec Motel and Café, Case 81CW54, a share of 84,415,000gal/year and 61.95 AF consumptive use. The only change being requested in this application is the change in the point of diversion. Application for Change of Water Right (5 pages)
08CW18 1) Applicant: Turtle Lake Ltd. Co. (dba Turtle Lake LLC), 210 Turtle Lake Meadows Drive, Durango, Colorado, 81301; 2) Attorney: James G. Whitley, P.C., 679 East 2nd Avenue, Ste E-1, #2, Durango, Colorado, 81301; 3) Name of Structures: Turtle Lake and Sites Ditch originally decreed in 01CW14; 4) Type of Application: Application for Finding of Reasonable Diligence and To Make Absolute; 5) Drainage Basin: Junction Creek, tributary to the Animas River; 6)Location: La Plata County, Colorado;located in SW ¼, NW ¼, Section 5, Township 35 North, Range 9 West, and in Lots 1,7, and 8, Section 6, Township 35 North, Range 9 West, N.M.P.M.; 7) Decreed Uses: Storage for Domestic, Commercial and Augmentation purposes; 8) Quantity: Turtle Lake Reservoir-50 Acre Feet; 9) Summary of Activities: Reconstruction of diversion head gate to improve ability to take water appropriated; Maintenance and improvement of Sites Ditch by which water under the Decree is diverted; Prosecution and completion of approval of an augmentation plan for twelve domestic water wells for the Turtle Lakes Subdivision and other described tracts in La Plata County Cause No. 01CW19; Successful completion of application for approval of the Turtle Lakes Subdivision; Construction and operation of the infrastructure required under the aforementioned augmentation plan; Substantial compliance with the requirement that 1.72 acre feet be returned to the ground water basin through the augmentation system annually; Expenditures for engineering, construction, and legal fees in excess of $20,000.(See application for other details); 10) Additional Information: See application. (4 pages)
08CW21Marvin & Lisa Wagner, 10152 Hwy 172, Ignacio, CO 81137: La Plata County; Wagner Ditch Enlargement; NE1/4NW1/4, Section 24, T34N, R8W, NMPM; 85 feet from North, 1561 feet from West; Northing 4118585, Easting 262804; Unnamed tributary to Ignacio Creek to the Pine River; Date of initiation of appropriation, May 1995; Appropriation was initiated by irrigation of 6 acres; Date water applied to beneficial use, May 1995; 0.10 cfs Absolute; Irrigation; Number of acres historically irrigated, 6. Application for Water Rights (Surface) (4 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of May, 2008, to file with the Water Clerk, in quadruplicate, 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 also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.
(Filing fee: $90.00; Forms are available through the Office of the Water Clerk or on the Judicial site at Danene M. Etz, Clerk of the Water Court, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)
Published: before April 30, 2008 Original Signature on file
Danene M. Etz, Water Clerk