DISTRICT COURT, WATER DIVISION NO. 2, COLORADO
--------------------------------------------------------------------------------------------------------------------RESUME OF CASES FILED AND/OR ORDERED PUBLISHED DURING JUNE 2012
--------------------------------------------------------------------------------------------------------------------TO: ALL INTERESTED PARTIES
Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of
applications and certain amendments filed and/or ordered published during June 2012,
in Water Division No. 2. The names and addresses of applicants, description of water
rights or conditional water rights involved and description of ruling sought as reflected
by said applications, or amendments, are as follows:
--------------------------------------------------------------------------------------------------------------------CASE NO. 04CW132 – CITY OF COLORADO SPRINGS ACTING BY AND
THROUGH COLORADO SPRINGS UTILITIES, c/o Brett C. Gracely, P. O. Box 1103,
Mail Code 1328, Colorado Springs, CO 80947-1328
(Attorneys for Applicant:
Christopher J. Melcher, City Attorney/Chief Legal Officer, Richard L. Griffith, P.O. Box
1575, Mail Code 510, Colorado Springs, CO 80903 and William A. Paddock, Mary
Mead Hammond, Leila C. Behnampour, Carlson, Hammond & Paddock, LLC, 1900
Grant Street, Suite 1200, Denver, Colorado 80203; (303) 861-9000).
Amendment to Application for Appropriative Right of Exchange and Reuse Program in
Fountain Creek and its Tributaries
TELLER AND EL PASO COUNTIES
Amendment to the Application. The original application filed in this case on
December 31, 2004 is amended to correct the following errors in legal descriptions:
The published legal description for the Las Vegas Street Wastewater Treatment Facility
Outfall, as set forth in paragraph 3.a.(1) of the application, contains an error in stating
that the outfall is in the SW¼ SW¼ of Section 20, when it is actually located in the SE¼
of the SW¼ of Section 20. Further, the published legal description for the 33 rd Street
Intake, as set forth in Paragraph 3.f. of the application, contains a typographical error in
stating the bearing is South 12° West, when the correct bearing is South 12° East.
Finally, the published legal description for the North Cheyenne Creek Intake, as set
forth in Paragraph 3.h.(2) of the application, contains a typographical error in stating the
bearing as North 7° 29’ East, when the correct bearing is North 70° 29’East.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW11 – CASE EVA BOVENZI and JOHN NEUMANN, P. O. Box 16,
Gardner, CO 81040; (415) 861-7631
Amended Application for Absolute Underground Water Right
HUERFANO COUNTY
Name of well and permit, registration or denial number: Hurlbut Well #3; Permit
18997-A. Legal description of Well UTM coordinates (Zone 13; NAD83): Northing
4177811; Easting 477086. Source of UTMs: Hand-held Garmin GPS accurate to
within 5 feet. (PLSS): Huerfano County, NW ¼ of the NE ¼ Section 31, Township 26
South, Range 70 West, 6th P.M., 1265 feet from the North line and 2192 feet from the
East line. Source of PLSS information: Nequette Drilling Company. Street
Address: 8389 County Road 570, Gardner, CO 81040. Source of water: Ground
1
water tributary to the Huerfano River. Depth of well: 19 feet. Date of appropriation:
March 16, 1964. How appropriation was initiated: Well was dug. Date water
applied to beneficial use: March 16, 1964. If well is tributary: Amount claimed in
gallons per minute: 20 gpm Absolute. Note: This includes water rights awarded
under Case No. W-1673. Use or proposed use: Domestic drinking water for one
dwelling, fire protection, irrigation of less than one acre home garden and lawns,
watering of poultry, domestic animals and livestock on one ranch.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW37 – LOWER ARKANSAS WATER MANAGEMENT ASSOCIATION
(“LAWMA”), c/o Donald F. Higbee, Manager, 310 South 6th Street, P. O. Box 1161,
Lamar, CO 81052 (Richard J. Mehren and Jennifer M. DiLalla, Moses, Wittemyer,
Harrison and Woodruff, P.C., Attorneys for Applicant, P. O. Box 1440, Boulder, CO
80306-1440, (303) 443-8782)
First Amended Application for Plan for Augmentation
PROWERS AND BENT COUNTIES
2. Purpose of application: LAWMA is a non-profit corporation organized for the
purpose of, among other things, providing a means for its members to continue to make
groundwater diversions from wells and other structures with junior priorities and to
continue to make surface water diversions from structures with junior priorities in the
Arkansas River water rights regime. The purpose of this application is to include 21
additional wells or other structures in LAWMA’s plan for augmentation, which was
decreed on March 8, 2007 in Case No. 02CW181, Water Division No. 2 (“02CW181
Decree”). Pursuant to paragraph 43 of the 02CW181 Decree, additional wells or
structures may be added to the plan for augmentation by filing a new application with
the Water Court. 3. Description of structures to be augmented: A total of 21
additional wells or other structures will be included in LAWMA’s plan for augmentation
through this application. The wells and other structures are: GP Resources, LLC, SEO
ID 6705350; Permit No. 6434R; Case No. W-1822; Location: NW NE Sec. 32, T22S,
R46W, 6th P.M., Prowers County, 1140 feet from the North line and 1390 feet from the
East line; Source: Arkansas River Valley Fill Aquifer. GP Resources, LLC, SEO ID
6705373; Permit 4231F; Case No. W-1822; Location: NE NW Sec. 33, T22S, R46W,
6th P.M., Prowers County, 1140 feet from the North line and 2650 feet from the West
line; Source: Arkansas River Valley Fill Aquifer. GP Resources, LLC, SEO 6705374;
Permit 4230F; Case No. W-1822; Location: NE NW Sec. 34, T22S, R46W, 6 th P.M.,
Prowers County, 1110 feet from the North line and 1840 feet from the West line;
Source: Arkansas River Valley Fill Aquifer. GP Resources, LLC, SEO ID 6705355;
Permit 5060F; Case No. W-1822; Location: NE NE Sec. 32, T22S, R46W, 6 th P.M.,
Prowers County, 1150 feet from the North line and 50 feet from the East line. Source:
Arkansas River Valley Fill Aquifer. GP Resources, LLC, SEO ID 6705491; Permit No.
12877R; Case No. W-3236; Location: SW NE Sec. 10, T23S, R44W, 6 th P.M., Prowers
County, 2550 feet from the North line and 2390 feet from the East line; Source:
Arkansas River Valley Fill Aquifer. GP Resources, LLC, SEO ID 6705543; Permit
3124F; Case No. W-1940; Location: SE SW Sec. 31, T22S, R44W, 6 th P.M., Prowers
County, 1220 feet from the South line and 2530 feet from the West line; Source:
Arkansas River Valley Fill Aquifer. GP Resources, LLC, SEO ID 6705481; Permit
2
7261R; Case No.: W-1459; Location: SW SE Sec. 1, T23S, R44W, 6th P.M., Prowers
County, 630 feet from the South line and 2570 feet from the East line; Source:
Arkansas River Valley Fill Aquifer. GP Resources, LLC, SEO ID 6705539; Permit
14273R; Case No. W-3303; Location: SW NW Sec. 11, T23S, R44W, 6th P.M., Prowers
County, 2240 feet from the North line and 600 feet from the West line; Source:
Arkansas River Valley Fill Aquifer. Santa Fe Trail River Ranch, Cottonwood Creek
Pond; Location: NE NW Sec. 30, T22S, R44W, 6th P.M., Prowers County, 1150 feet
from the North line and 1570 feet from the West line; Source: Cottonwood Creek.
Santa Fe Trail River Ranch, Parrish Pond; Location: SE NW Sec. 29, T22S, R44W, 6 th
P.M., Prowers County, 1500 feet from the North line and 1890 feet from the West line;
Source: Parrish Creek. Santa Fe Trail River Ranch, East Parrish Pond; Location: SE
NW Sec. 29, T22S, R44W, 6th P.M., Prowers County, 1800 feet from the North line and
2440 feet from the West line; Source: Parrish Creek. Santa Fe Trail River Ranch, East
Pond; Location: NW SE Sec. 26, T22S, R44W, 6 th P.M., Prowers County, 1850 feet
from the South line and 1550 feet from the East line; Source: Neumeister Return.
Ronald Wollert, SEO ID 6705963; Permit 25132F; Case No. 79CW63; Location: NW
NW Sec. 2, T21S, R48W, 6th P.M., Bent County, 180 feet from the North line and 1120
feet from the West line; Source: Arkansas River Valley Fill Aquifer. Ronald Wollert,
SEO ID 6705964;; Permit 6125F; Case No. W-247; Location: NW NW Sec. 2, T21S,
R48W, 6th P.M., Bent County, 1080 feet from the North line and 1010 feet from the West
line; Source: Arkansas River Valley Fill Aquifer. Ronald Wollert, SEO ID 6705959;
Permit 4556F; Case No. W-2586; Location: SE NE Sec. 10, T21S, R48W, 6th P.M.,
Bent County, 2630 feet from the North line and 1260 feet from the East line; Source:
Arkansas River Valley Fill Aquifer. Ronald Wollert, SEO ID 6705960; Permit 20251F;
Location: SW NE Sec. 10, T21S, R48W, 6th P.M., Bent County, 2495 feet from the
North Line and 1925 feet from the East line; Source: Arkansas River Valley Fill Aquifer.
Ronald Wollert, SEO ID 6705962; Permit 5719F; Case No. W-246; Location; NW NE
Sec. 10, T21S, R48W, 6th P.M., Bent County, 300 feet from the North line and 1910 feet
from the East line; Source: Arkansas River Valley Fill Aquifer. Ronald Wollert, SEO ID
6705965; Permit 6936F; Case No. W-247; Location: SW NW Sec. 11, T21S, R48W, 6th
P.M., Bent County, 2475 feet from the North line and 325 feet from the West line;
Source: Arkansas River Valley Fill Aquifer. E. Prowers Cemetery District (Hartman),
SEO ID 6706460; Location: NW NE Sec. 26, T22S, R43W, 6th P.M., Prowers County,
280 feet from the North line and 2400 feet from the East line. Source: Fort Hays
Limestone. E. Prowers Cemetery District (Holly), SEO ID 6706461; Location: SE SW
Sec. 11, T23S, R42W, 6th P.M., Prowers County, 1260 feet from the South line and
2615 feet from the West line; Source: Dakota Sandstone. Holly School District, SEO
ID No. Dakota Well; Location: NE NE Sec. 15, T23S, R42W, 6th P.M., Prowers County,
500 feet from the North line and 940 feet from the East line; Source: Dakota
Sandstone. A map of the structures is attached to the amended application as Exhibit
B. (All exhibits mentioned herein are incorporated by reference and may be inspected
at the office of the clerk of this Court.) 4. Water rights and other sources of water to
be used for augmentation: Those water rights and other sources of water identified in
paragraph 40 of the 02CW181 Decree. 5. Statement of plan for augmentation: The
amount, timing and location of depletions from the wells and other structures described
3
above will be determined in accordance with the methodologies approved in the
02CW181 Decree. LAWMA intends to account for and fully replace all out-of-priority
stream depletions caused by the wells and other structures described above with fullyconsumable water in accordance with the terms and conditions of the 02CW181 Decree
in a manner that protects Colorado senior surface water rights from injury and assures
compliance with the Arkansas River Compact. This application does not seek to
change any provisions of the 02CW181 Decree other than the inclusion of additional
wells and structures. 6. Name and address of owners of land upon which
structures are or will be located:
Owner
SEO ID No.
GP Resources, LLC
6705350
GP Resources, LLC
6705373
GP Resources, LLC
6705374
GP Resources, LLC
6705355
GP Resources, LLC
6705491
GP Resources, LLC
6705543
GP Resources, LLC
6705481
GP Resources, LLC
Santa Fe Trail River Ranch
6705539
Cottonwood
Creek Pond
Santa Fe Trail River Ranch
Parrish Pond
Santa Fe Trail River Ranch
East Parrish Pond
Santa Fe Trail River Ranch
Ronald Wollert
Ronald Wollert
Ronald Wollert
Ronald Wollert
Ronald Wollert
Ronald Wollert
East Prowers Cemetery District
East Prowers Cemetery District
Holly School District RE-3
East Pond
6705963
6705964
6705959
6705960
6705962
6705965
6706459
6706461
Dakota Well
Address
7991 Schaffer
Parkway, Suite 200
7991 Schaffer
Parkway, Suite 200
7991 Schaffer
Parkway, Suite 200
7991 Schaffer
Parkway, Suite 200
7991 Schaffer
Parkway, Suite 200
7991 Schaffer
Parkway, Suite 200
7991 Schaffer
Parkway, Suite 200
7911 Schaffer
Parkway, Suite 200
1600 Broadway, Suite
1580
1600 Broadway, Suite
1580
1600 Broadway, Suite
1580
1600 Broadway, Suite
1580
41969 County Road 34
41969 County Road 34
41969 County Road 34
41969 County Road 34
41969 County Road 34
41969 County Road 34
P. O. Box 315
P. O. Box 315
P. O. Box 608
City
State
ZIP
Littleton
CO
80127
Littleton
CO
80127
Littleton
CO
80127
Littleton
CO
80127
Littleton
CO
80127
Littleton
CO
80127
Littleton
CO
80127
Littleton
CO
80127
Denver
CO
80202
Denver
CO
80202
Denver
CO
80202
Denver
Wiley
Wiley
Wiley
Wiley
Wiley
Wiley
Holly
Holly
CO
CO
CO
CO
CO
CO
CO
CO
CO
80202
81092
81092
81092
81092
81092
81092
81047
81047
Holly
CO
81047
WHEREFORE, LAWMA respectfully requests that this Court enter a decree approving
this plan for augmentation and determining that such plan for augmentation will not
cause injury to the vested or decreed conditional water rights of others and will not
violate the Arkansas River Compact.
--------------------------------------------------------------------------------------------------------------------4
CASE NO. 12CW51 – CASE NO. 12CW51 – JOHN D. DEVINNY and DANITA K.
DEVINNY, 545 Creek Side Drive, Colorado Springs, CO 80863; ROBERT DOYLE
and KAREN E. DOYLE, 178 Creek Side Drive, Woodland Park, CO 80863; WAYNE
R. FROHRING and CONNIE W. FROHRING, 391 Creek Side Drive, Woodland Park,
CO 80863; MARK S. HANCHEY and DIANE G. HANCHEY, 461 Canyon Road, P.O.
Box 151, Green Mountain Falls, CO, 80819; LOREN KEITH HEDSTROM and
EILEEN MAY HEDSTROM AS TRUSTEES OF THE EILEEN MAY HEDSTROM
LIVING TRUST, 358 Creek Side Drive, Woodland Park, CO 80863; STEVEN
MARMEL and JUDITH ANN MARMEL AS TRUSTEES OF THE MARMEL FAMILY
TRUST, 13801 Ventura Blvd., Sherman Oaks, CA, 91423; DAVID A. STEPHANIAN
and SANDRA L. STEPHANIAN, 609 Crystola Court, Woodland Park, CO 80863;
PAUL E. WEIDNER, JR., P.O. Box 216, Oakhill, FL 32759; DAVID B. YODER and
SHARON L. YODER, 593 Creek Side Drive, Woodland Park, CO 80863 (Henry D.
Worley, Worley Law Firm, LLC, Attorney for Applicants, 611 North Weber Street, Suite
104, Colorado Springs, CO 80903, 719.634.8330)
Amended Application for Change of Water Rights
TELLER COUNTY, COLORADO
2. A - C. Decreed water right for which change is sought: The following well
permits, which were not decreed, but whose construction was authorized by an
augmentation plan approved in Case No. 83CW54, entered in Water Division 2 on
October 31, 1983. All wells are located in Crystola Pines Subdivision in the NE1/4
Section 6, T. 13 S., R. 68 W., 6th P.M., in Teller County, Colorado. (The described
location of the Stephanians’ well is believed to be incorrect.) The source of the
following PLSS information is the well permits for each of the described wells. All of the
property addresses are for Woodland Park, CO 80863.
Lot Number
Street Address
of Well Site
Permit
Number
1/4 1/4
Section
Distance
Section Lines
2
178 Creek Side Drive
044557-F
NE NE
900 N, 600 E
5
391 Creek Side Drive
041680-F
SE NE
1500 N, 1300 E
10
609 Crystola Court
63810-F
SW SE
800 S, 2300 W
11
545 Creek Side Drive
29977-F
NW NE
825 N, 2350 E
12
593 Creek Side Drive
29978-F
SW NE
1350 N, 2110 E
15
706 Creek Side Drive
28516-F
SW NE
2475 N, 1375 E
17
358 Creek Side Drive
44788-F
SE NE
1800 N, 1200 E
18
461 Canyon Road
166125
SW NE
2000 N, 1700 E
19
590 Creek Side Drive
27185-F
SW NE
1361 N, 1650 E
5
from
D. Decreed source of water: The source of water for each individual well is
decomposed Pikes Peak granite. Though not specifically mentioned by the decree in
Case No. 83CW54, this water is presumed to be tributary to Crystola Creek and
Fountain Creek. The source of augmentation water for these wells is described in the
decree as “two shares of Twin Lakes common stock and the water rights represented
thereby....” E. Appropriation date: Not applicable. F. Total amount decreed to
structure: The augmentation plan included 1.14 acre feet annually of augmentation
water. These Applicants are unaware of any deeds or other documents by which the
Applicant for the decree in 83CW54, Canyon Development Company, conveyed
augmentation water to individual lot purchasers. However, based on the decree in
Case No. 83CW54, it appears that Lot 1 was to be allocated 0.176 acre foot of
augmentation water for indoor commercial uses, that each “residential” lot, numbered 4
- 19, were to be allocated 0.0392 acre foot annually, and that Lots 2 and 3 were to use a
combined amount of 0.336 acre foot of augmentation water for a total of 12 town
homes. This application claims 2/3, or 0.224 acre foot annually, of the augmentation
water which the decree anticipated would be used on Lots 2 and 3. Thus, of the 1.14
acre feet of annual augmentation water, 0.5184 acre foot is proposed to be changed by
this application. Nothing herein is intended to utilize or to change the use of any portion
of the remaining 0.6216 acre foot of augmentation water, which is intended to be used
on Lots 1, 3, 4, 6, 7, 8, 9, 13, 14, and 16. G. Decreed uses: indoor uses only inside a
commercial structure on Lot 1, in 12 town homes on Lots 2 and 3, and in single family
structures on Lots 4 - 19. H. Amount of water that applicant intends to change.
0.5184 acre foot per year. 3. Detailed description of proposed change. Applicants
propose to change the 0.5184 acre foot per year of fully consumable augmentation
water to include, in addition to indoor residential uses, outdoor uses for livestock
watering, landscape irrigation, and miscellaneous outdoor uses such as watering of
planter boxes and hanging flower baskets, deck washing, hot tubs, car washing, etc.
Each lot will be allocated 0.05184 acre foot of augmentation water (16,892 gallons
annually, 46.28 gallons daily, on average), except that Lot 2 will be allocated twice that
amount. For accounting purposes, Applicants’ individual allocations of 0.05184 acre
foot have been divided into seven “water units”. Each water unit equals 2,413 gallons of
augmentation water per year, or an average of 6.61 gallons per day. Water units
equate to water-using equivalents as follows: A. One water unit is considered sufficient
to augment depletions caused by indoor uses by one person. Water treatment from all
indoor uses is considered to be 10 percent consumptive, so 6.61 gallons is adequate to
replace depletions associated with indoor use of 66.1 gallons per person per day. B.
Each horse is considered to drink an average of 9.92 gallons per day, or 1.5 water units.
Consumption by horses is considered to be 100 percent. C. One water unit is
adequate to irrigate 179 square feet of lawn or garden. This is based on application of
1.8 acre foot per acre at Crystola Pines’ average elevation of slightly over 8,000 feet.
For ease of accounting, landscape and garden irrigation shall be considered to be 100
percent consumptive. D. There is a miscellaneous category in which one water unit
allows use of 2,413 gallons annually for such activities as hot tub filling, car and deck
washing, watering flowers in planters, etc. All of the water in the miscellaneous
category is considered to be fully consumed. This amendment to the plan for
augmentation anticipates that no later than once a year, and more frequently if required
6
by a change in circumstances, each lot owner shall fill out a form designating how such
lot owner’s water units will be allocated for the upcoming twelve months. A lot owner
may lend, borrow, or lease water units to or from other participants in this amendment to
the plan for augmentation, so it is possible that a lot owner may have either more or
fewer than eight units to use in a given year. Each Applicant will be allowed to mix and
match water units according to their needs and desires, so long the amount of water
units allocated by each owner does not exceed the number of water units available to
them, after they have either acquired or relinquished any of their water units that year.
It is assumed that each water unit used for indoor purposes will not exceed an average
of 24,130 gallons of annual pumping. It is also assumed that each water unit used for
outdoor purposes will not exceed an average of 2413 gallons of pumping. Collectively,
pumping shall be limited to 2413 gallons multiplied by the total number of water units
designated for any outdoor uses, plus 24,130 gallons multiplied by the number of water
units designated for indoor uses. For example, if 27 of the 70 water units were
designated for indoor uses, and 43 were designated for outdoor uses, total pumping for
these nine lots would not be allowed to exceed (27 X 24,130) + (43 X 2413) = 755,269
gallons annually. Similarly, if 20 of the 70 water units were designated for indoor use
and 50 were designated for outdoor use, total pumping for these nine lots would not be
allowed to exceed (20 X 24,130) + (50 X 2413) = 603,250 gallons annually. Thus, it is
possible for any individual lot owners’ annual pumping for one or more water units may
exceed the assumed amount, so long as the total pumping for all lots included in this
amendment does not exceed the allowed amount. Fountain Mutual Irrigation Company
has requested that the depletions caused by these Applicants be added into the flow of
Fountain Creek at the Eighth Street Gauge in Colorado Springs, where some of FMIC’s
water rights are measured. Applicants will work together with FMIC and the Division of
Water Resources to see that these are added in at appropriate times and in appropriate
amounts. Applicants note that the average depletions spread over a year will equal
about 0.32 gpm. Applicants acknowledge that additional accounting may be required,
including more frequent reporting of pumping amounts, particularly to ensure that
reported indoor pumping is reasonably accurate. This may be done by reporting actual
pumping during the period from November 1 through the end of February, and
subtracting from that amount an assumed value of ten gallons per day for each horse
which is watered during that period, and by further limiting all other outdoor uses to
keeping any hot tubs full, but not emptying and refilling them during that time period.
The water which the “unit” formula anticipates will be used for indoor uses can thereby
be verified to a substantial degree. Applicants believe that the location of the
Stephanian well permit 63810-F was mis-described on the well permit as being located
800 feet from the south line and 2300 feet from the west line of Section 6, whereas it is
more probable that it is located 800 feet from the north line and 2300 feet from the east
line of Section 6. Applicants will investigate this matter and when the actual location is
ascertained, they will seek to correct the mistake, if there is a mistake, using Form
GWS-42. However, if it is impossible for any reason to correct any mistaken location
using Form GWS-42, Applicants seek to use this change case to correct the legal
description of well permit 23810-F. If the well turns out to be more than 200 feet from
the location described as 800 feet from the north section line and 2300 feet from the
east section line of Section 6, T. 13 S., R. 68 W., 6 th P.M. (which is anticipated to be the
7
actual location), and if Applicants cannot resolve this issue using Form GWS-42,
Applicants may be required to publish the actual location. This application does not
create any new diversion or storage structures or modify any existing diversion or
storage structures or existing storage pool, and it thus does not appear that notification
of the non-participating lot owners in Crystola Pines whose wells are augmented by the
plan for augmentation in Case No. 83CW54 are required by law to be notified.
However, Applicants notified such owners of the original application by regular US mail
within ten days of the filing of this application. This application is not intended to change
the operation of the plan for augmentation decreed in Case No. 83CW54 in regard to
any of the lots not included herein. Pursuant to Uniform Local Rule for All State Water
Divisions, Rule 3(e)(1), copies of the well permits and well completion and pump
installation reports for each well are submitted herewith. In regard to Uniform Local
Rule for All State Water Divisions, Rule 3(e)(2), Applicants are submitting completed
Change of Ownership forms for each well permit which was permitted to someone other
than the current owner.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW52 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
Tom McKenna and McKenna Ranch. Structure: The Sanchez Ditch. Source:
Cucharas River, a tributary to the Huerfano River; County: Huerfano.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW53 – BRANDON P. FREEMAN, 2501 Hollywood Drive, Pueblo, CO
81005 (Linda McMillan, Buxman Kwitek & Ohlsen, P.C., Attorneys for Applicant, 601 N.
Main Street, Suite 200, Pueblo, CO 81003; (719) 544-5081
Application for Water Storage Right
PUEBLO COUNTY
Name of Reservoir: Jackson Hill Pond. Legal description of location of dam
centerline (PLSS): Pueblo County, NW ¼ of the NW ¼ Section 7, Township 21 South,
Range 68 West, 6th P.M., 380 feet from the South line and 10 feet from the West line.
Source: Unnamed tributary to Red Creek which is tributary to the Arkansas River.
Name of ditch used to fill reservoir and capacity in cubic feet of water per second:
Jackson Hill Spring and pipeline, .04 cfs. Date of Appropriation: November 21, 1950;
How appropriation was initiated: construction of pipeline; Date water applied to
beneficial use: November 21, 1950. Amount claimed: .33 acre feet Absolute. Use:
If irrigation, number of acres historically irrigated: 23 acres. Total number of
acres proposed to be irrigated: 23 acres. Legal description of acreage irrigated
or to be irrigated: E2 NW4 lying North of State Hwy. 96 plus 15 acres in SE4 of NW4
7-21-68. Surface are of high water line: 2826 feet; Vertical height of dam: 40
inches. Length of dam: 60 feet. Total capacity of reservoir: .33 acre feet. Active
capacity: .33 acre feet; Dead storage: .33 acre feet.
---------------------------------------------------------------------------------------------------------------------
8
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW54 – BRANDON P. FREEMAN, 2501 Hollywood Drive, Pueblo, CO
81005 (Linda McMillan, Buxman Kwitek & Ohlsen, P.C., Attorneys for Applicant, 601 N.
Main Street, Suite 200, Pueblo, CO 81003; (719) 544-5081)
Application for Water Rights (Surface)
CUSTER COUNTY and PUEBLO COUNTY
Name of structure: Jackson Hill Spring and Pipeline. Legal description of each
point of diversion: Pueblo County, NW ¼ of the NW ¼ Section 7, Township 21 South,
Range 68 West, 6th P.M., from whence the N ¼ corner bears North 72 28’ East a
distance of 2174 feet (see statement of claim attached to the Application. All exhibits
mentioned herein are incorporated by reference and may be inspected at the office of
the clerk of this Court.) Custer County, NE ¼ of Section 12, Township 21 South, Range
69 West, 6th P.M., 1531 feet south of the north line of said section 12 and 1320 feet
west of the east line of said Section 12. GPS Location in UTM format (Zone 13;
NAD83; Units in meters): Northing 4232158.13; Easting 0495381.54. Points were
averaged. Source: Unnamed tributary to Red Creek, tributary to the Arkansas River.
Date of initiation of appropriation; November 21, 1950; How appropriation was
initiated: construction of pipeline. Date water applied to beneficial use: November
21, 1950. Amount claimed: .04 cfs Absolute. Use or proposed use: Domestic, fire
protection and irrigation: If irrigation, number of acres historically irrigated: 23;
proposed to be irrigated: 23. Legal description of acreage: E2 NW4; lying north of
State Hwy. 96 plus 15A in SE4 of NW4 NW4 7-21-68; the above-mentioned 15A being
more particularly described as follows: that certain par of land 15A or more in the SE
corner of NW4 NW4 of said Sec. 7. TH S LN of the old County Road as it existed on
05/22/1893 shall be the northern boundary line of the land here conveyed, all in Pueblo
County, Colorado. If non-irrigation, describe purpose fully: For domestic and fire
protection for a single family residence located on the above-described property (shown
on map attached to the Application). Name(s) and address(es) of owner(s) or
reputed owners of the land upon which any new diversion or storage structure, or
modification to any existing diversion or storage structure is or will be
constructed or upon which water is or will be stored, including any modification
to the existing storage pool: Verna Gray, 509 W. Main Street, Florence, CO 81226.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW55 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
Lowell Johnston. Structure: Cline Ditch. Source: Mustang Creek. County: Kiowa.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW56 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
City of Lamar. Structure: Lamar Pipe Line. Source: Clay Creek. County: Prowers.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW57; Previous Case No. 98CW82 – RP ON TC, LLC, a Texas
Limited Liability Co., Neil Hartman, 505 Woodglen, Benbrook, TX 76126; (817) 2495663 or (719) 942-3603
Application for Finding of Reasonable Diligence
FREMONT COUNTY
Name of structure: COTS Ranch Pond #1; Description of conditional water right:
Date of original decree: 13 July 2006; Case No.: 98CW82; Court: Water Division 2.
9
Legal description: Dam location: SW ¼ SW ¼ Section 12, Township 47 North,
Range 12 East, NMPM, Fremont County, Colorado, a distance of approximately
1187.50 feet from the south section line and approximately 750 feet from the west
section line. Source: Texas Creek; Appropriation Date: January 1, 2000; Amount:
30 acre-feet. Use: Recreational, piscatorial, fire protection. Name of structure:
COTS Ranch Pond #1, Flow Through Right. Legal description; NW ¼ NW ¼ Section
13, Township 47 North, Range 12 East, NMPM, Fremont County, Colorado, a distance
of approximately 100 feet from the West section line and approximately 1400 feet from
the North section line. (This is the existing headgate of the McCormick Ditch).
Appropriation Date: February 10, 2005. Amount: This item was not completed in
the application, but court records indicate that the COTS Ranch Pond No. 1 Flow
Through Right was awarded a diversion rate of 0.5 cfs. Use: Water for diversion
through the Pond from April 1 through September 30 annually. Water diverted to the
Pond under the Flow Through Right will be immediately released from the Pond and will
not be stored in the Pond. Evaporation from the Pond resulting from diversion of water
to the Pond will be determined and replaced under the terms and conditions of the Plan
for Augmentation decreed herein.
Outline of what has been done toward
completion of the appropriation and application of water to beneficial use as
conditionally decreed: The structure of the Pond has been completed by the previous
owners (Children of the Sun). However, it proved to have a leaky bottom and additional
work is required to fix it. This will require more money and time from the new owners
(RP on TC, LLC) which is the main motivation for the application. The previous owners
designed the structures that are the subject of this decree (the Pond and Flow Through
Right) for the specific purpose of providing a camp for underprivileged children where
they experience outdoor learning and recreational opportunities. The new owners (sold
to in Sept of 2010) have different plans for the property which will require changes to the
water rights. Reducing the size and volume of the Pond is an example. Time is needed
to work out the differences between the new plans and the present decree. The Flow
Through Right structure has been completed and ready for use when the Pond
becomes operational.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW58 – PROTEST TO REVISED ABANDONMENT LIST (IN SUPPORT
OF). Protestants: Frank and Sue Menegatti. Structure: Labrie Ditch. Source: Santa
Clara Creek. County: Huerfano.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW59 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
Frank and Sue Menegatti. Structure: Duhme Ditch. Source: Santa Clara Creek.
County: Huerfano.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW60 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
Frank and Sue Menegatti. Structure: Capps Desert Claim Ditch. Source: Santa Clara
Creek. County: Huerfano.
---------------------------------------------------------------------------------------------------------------------
10
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW61; Previous Case No. 02CW112 - COMANCHE RESOURCES,
LLC, 2454 WAYNOKA ROAD, COLORADO SPRINGS, CO 80915 (Steven T. Monson,
#11329 and David M. Shohet, #36675, Attorneys for Applicant, Felt, Monson & Culichia,
LLC, 319 N. Weber Street, Colorado Springs, CO 80903, (719) 471-1212)
Application for Finding of Reasonable Diligence
EL PASO COUNTY
Name of Structures: Midway Ranches Well No. 1 and CR Well No. 1. Description of
Ruling of Referee and Decree: Date of Original Decree: June 6, 2006., Case No.:
02CW112. Court: District Court, Water Division 2. Description of Midway Ranches
Well No. 1: Legal Description: The well is located in the NW 1/4, SE 1/4, Section 9,
Township 17 South, Range 65 West, 6th P.M., at approximately 2,000 feet from the
south line of said Section 9 and approximately 2,000 feet from the east line of said
Section 9. Source: The source of the well is the alluvium of Fountain Creek, tributary to
the Arkansas River. The depth of the well is 30 feet. Appropriation: The additional
appropriation date for this structure is April 5, 2002. Amount Claimed: 101.5 annual
acre feet of diversions, at a pumping rate of 150 gpm, conditional. These amounts are in
addition to the entitlements of 47 acre feet annually for this well under Permit No.
52578F in Case No. 95CW3 and 220 acre feet annually under Well Permit No. 56724F
in Case No. 99CW146. This volume of diversions may also be withdrawn through CR
Well No. 1 described below as an alternate point of diversion. Use: The use of water
from Midway Ranches Well No. 1 will be to provide a water supply to the Service Area
in addition to the CR Well No. 1, which uses will include domestic, livestock,
commercial, industrial, irrigation, fire protection, and for use, reuse and successive use
to extinction. Description of CR Well No. 1: Legal Description: This well is to be
located in the SW 1/4 NW 1/4, Section 26, Township 17 South, Range 65 West, 6th
P.M., at approximately 2,513 feet from the north line of said Section 26 and
approximately 1,192 feet from the west line of said Section 26. Source: The source of
the well is the alluvium of Fountain Creek, tributary to the Arkansas River. The depth of
the well will be approximately thirty to fifty feet. Appropriation Date: The additional
appropriation date for this structure is April 5, 2002. Amount: 101.5 annual acre feet of
diversions at a pumping rate of 100 gpm, conditional. This amount is in addition to the
entitlement of this well under 00CW152. This volume of diversions may also be
withdrawn through Midway Ranches Well No. 1 described above as an alternate point
of diversion. Use: The use of water from CR Well No. 1 will be used in addition to
Midway Ranches Well No. 1, to provide a water supply to the Service Area for domestic,
livestock, commercial, industrial, irrigation, fire protection uses and for use, reuse and
successive use to extinction. Description of work performed toward completion of
the appropriation and application of water to a beneficial use as conditionally
decreed, including expenditures: On November 15, 2000, Comanche received a final
decree for an underground water right, change of water right, and a plan for
augmentation in Case No. 99CW146, District Court for Water Division 2 (“Original
Augmentation Plan”). That case granted a decree for Midway Ranches Well No. 1 as
part of a central water system for Comanche to supply water to its service area
generally located in Sections 7-9, 17-22, and 26-35, Township 17 South, Range 65
West, 6th P.M. in El Paso County (the “Service Area”), for domestic, livestock,
11
commercial, industrial, fire protection, irrigation, use, reuse and successive use to
extinction. Under the Original Augmentation Plan, diversions from Midway Ranches
Well No. 1 are considered to be one hundred percent depletive and those depletions
are replaced in quantity, timing and location with consumptive use credits attributable to
314 FMIC shares that are included in that augmentation plan. On August 29, 2001,
Comanche received a final decree for an underground water right, change of water
right, and a plan for augmentation in Case No. 00CW152, District Court for Water
Division 2 (“First Supplemental Augmentation Plan”).
The First Supplemental
Augmentation Plan supplemented the Original Augmentation Plan by adding C.R. Well
No. 1 as an additional water supply and by committing an additional 103 FMIC shares
as augmentation water under the same general standards, terms and conditions as the
Original Augmentation Plan. In Case No. 02CW112, decreed on June 6, 2006,
Comanche received a second supplemental plan for augmentation for its service area
and under the same general standards, terms and conditions as decreed in Case Nos.
99CW146 and 00CW152 with 145 additional FMIC shares to replace new depletions
from C.R. Well No. 1 and Midway Ranches Well No. 1 as a result of providing such
additional water supply within the Service Area. (“Second Supplemental Augmentation
Plan”). Comanche also obtained two additional conditional groundwater rights in the
Second Supplemental Augmentation Plan, which conditional groundwater rights are the
subject of this Application. During this diligence period, Comanche, in connection with
the development of the Service Area, has sold taps to developers for raw water for the
use water use within the service area. Midway Ranches Well No. 1 and CR Well No. 1
are part of the integrated water supply system for the Service Area. A total of 268
residential home units have been built to date within the Service Area using the central
water supply system.
Furthermore, Midway Development, a related company of
Comanche, has sold 500 acres for the construction of homes within the Service Area.
This area will require water service through Comanche’s central water supply system.
Additionally, during this diligence period Comanche has created Wigwam Mutual Water
Company, a mutual ditch company, to distribute treated water to its shareholders within
the Service Area through the water distribution system installed by Comanche and the
developers. Comanche has assigned an interest in the augmentation plan to Wigwam
and the parties are currently negotiating terms for the operation of Midway Ranches
Well No. 1 and CR Well No. 1 for the delivery of water from Midway Ranches Well No. 1
and CR Well No. 1 to the Service Area. Comanche has also entered into a buffer zone
agreement with El Paso County and Fort Carson in regards to the manner of
development and the supply of water service within certain areas of the Service Area.
During this diligence period, Comanche has also, in conjunction with the developers of
the Service Area, installed a water tank and water distribution works in order to deliver
water as part of the integrated system of water distribution. Furthermore, Comanche
has hired an engineer who has prepared a water supply report detailing Comanche’s
physical and legal availability of its water resources for development within the Service
Area considering Comanche’s water resources, future demands and system capacity.
This report also identified water system losses which Comanche has started to reduce
by repairing the water distribution system. Furthermore, Comanche during this
diligence period has obtained permit number 64950-F from the Colorado Division of
Water Resources for CR Well No. 1 for its decreed uses under the augmentation plans.
12
Comanche has additionally purchased the land upon which CR Well No. 1 is located
from Little Pedro Mining Company, Inc. During this diligence period, Comanche has
also obtained findings of reasonable diligence for Midway Ranches Well No. 1 and CR
Well No. 1, in Case No. 06CW95, decreed on April 3, 2007, and Case No. 07CW77,
decreed on April 8, 2008, respectively. Comanche has also filed an application in Case
No. 09CW84 seeking to quantify Comanche’s return flows to the Fountain Creek stream
system as result from deliveries of water to its customers. During this diligence period
Comanche has, therefore, devoted substantial efforts toward the development of the
Service Area, the present and further application of groundwater from Midway Ranches
Well No. 1 and CR Well No. 1 to beneficial use, and the integrated water system of
distribution. Legal and engineering efforts have been expended in the analysis and
development of Comanche's water rights, integrated system of distribution, and the
development and sale of the land within the Service Area. During this diligence period
developers and Comanche have spent the following amounts on the integrated system
of water supply and CR Well No. 1: $38,490.71 on water taps, meters and meter pits;
$62,950.00 on legal and consultants establishing Wigwam Mutual Water Company and
other matters related to the Comanche’s development; $327,803.00 on upgrading a
water treatment plant; $32,541.00 on security fencing and lighting protection;
$52,971.00 on a utility building; $ 17,291.00 on water tank repairs; $75,241.00 on water
distribution mains. Thus, during this diligence period, a total of $607,267.00 has been
spent on the integrated system of which Midway Ranches Well No. 1 and CR Well No. 1
are a part. Claim to Make Absolute: No part of the conditional water rights for Midway
Ranches Well No. 1 or CR Well No. 1 is claimed to be made absolute at this time.
Name and address of the owners of land on which structure is located, upon
which water is or will be stored, or upon which water is or will be placed to
beneficial use: The Midway Well No. 1 is located upon land owned by PPIR
Properties, LLC. The Applicant has an easement from PPIR Properties for access,
existence and operation of the well. CR Well No. 1 is located upon land owned by
Comanche.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW62 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
Frank Andreatta. Structure: Yellowstone Reservoir. County: Huerfano.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW63 – MOTION FOR EXTENSION OF TIME TO FILE PROTEST TO
REVISED ABANDONMENT LIST.
Protestant: United States Army. Structures:
Cottonwood Springs Ditch, Eureka Ditch, Eureka Reservoir No. 2, Lewis Ditch, Little
Ditches 1, 2, and 3, May Ditch, Pritchard Ditch, Davis Ditch. Sources: Cottonwood
Springs, Sand Creek Canyon, Turkey Creek. County: Pueblo.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW64 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
Harry and Geneva Pinello and Lissa Pinello. Structure: Bruening Conduit No. 1.
Source: Cheyenne Slough. County: El Paso.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW65 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
Harry and Geneva Pinello and Lissa Pinello. Structure: Bruening Feeder No. 2.
Source: Cheyenne Slough. County: El Paso.
13
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW66 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
Janet Kinniry. Structure: La Foret Ditch. Source: Turkey Creek. County: Huerfano.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW67 – LEO J. ROMERO and NANCY G. ROMERO, 9820 Piute Drive,
Salida, CO 81201 (Stephen M. Joynt, Attorney for Applicants, 25107 Genesee Trail
Road, Suite 201, Golden, CO 80401; (303) 674-1090)
Application for Absolute Underground Water Right
CHAFFEE COUNTY
Name of well and permit number: Romero Well, formerly McKinney Well; Permit
246775. Legal description (PLSS): Chaffee County, NW ¼ of the NE ¼ Section 29,
Township 50 North, Range 9 East, NMPM, 1100 feet from the North line and 2300 feet
from the East line. Source of PLSS information: Well Construction and Test Report
dated June 27, 2003, attached to the Application as Exhibit B and made a part hereof
by this reference. (All exhibits mentioned herein are incorporated by reference and may
be inspected at the office of the clerk of this Court.) Street Address: 9820 Piute Drive,
Salida, CO 81201; Subdivision: Pinon Hills; Lot: 122. Source of water:
Groundwater. Depth of well: 160 feet. Date of appropriation: June 27, 2003; How
appropriation was initiated: Well completion. Date water applied to beneficial use:
June 27, 2003. If tributary, Amount claimed: 15 gpm Absolute. If nontributary,
Amount claimed: 40 gpm. Use: Water for domestic and household use inside one
single-family dwelling. Exhibit A to the Application depicts the applicable property (Lot
122A), constituting the area of use.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW68 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
James H. and Mary E. Kirkland. Structure: Stalf Springs Ditch. Source: Little
Graneros Creek. County: Pueblo.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW69 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
Sierra de Hierro Ranch, LLC and Phillip and Sandra Gomez. Structures: Madrid Ditch
No. 3/Paloduro Ditch. Source: Palo Duro/Chama/Rincon. County: Huerfano.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW70 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
Sisters of St. Francis of Colorado Springs. Structures: Modern Woodmen P/L Nos. 2,
3, 5, 6; Modern Woodmen Res. No. 2, Modern Woodmen Res. No. 2 Enlargement;
Modern Woodmen Res. No. 3. Source: Tributaries of Monument Creek. County: El
Paso.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW71 – PROTEST TO REVISED ABANDONMENT LIST. Protestant: J
Bar S Farms, a/k/a J-S Farms, Inc. Structure: Godley Ditch. Source: Paradox Valley.
County: Prowers.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW72 – PROTEST TO REVISED ABANDONMENT LIST. Protestant: JS Farms, Inc. Structure: Highline Irrigation System Sump #1 and Highline Irrigation
System Sump #2. Source: Rule Creek. County: Bent.
---------------------------------------------------------------------------------------------------------------------
14
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW73 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
Fortune I, LLC. Structure: Company Ditch and James Carey Ditch. Source: Muddy
Creek, tributary to the Huerfano River. County: Huerfano.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW74; Previous Case Nos. 97CW156 and 05CW93 – HIGH
MOUNTAIN INSTITUTE Attn: Christopher Barnes, Executive Director, P.O. Box
970, Leadville, CO 80461 (Counsel for High Mountain Institute, Peggy E. Montaño and
Andrea E. Aseff, Trout, Raley, Montaño, Witwer & Freeman, P.C. 1120 Lincoln Street,
Suite 1600, Denver, CO 80203, (303) 861-1963)
Application for Finding of Reasonable Diligence for High Mountain Institute
IN LAKE COUNTY, COLORADO
2. Name of Structure: High Mountain Institute Well Nos. 1, 2, 3, and 4 and an
augmentation plan. 3. Description of conditional water right: A. Date of Original
Decree: December 13, 1999, Case No.: 97CW156, Court: Water Division 2. B.
Subsequent decree awarding finding of diligence: Date of Decree: June 26, 2006,
Case No.: 05CW93, Court: Water Division 2. C. Legal Description: High Mountain
Institute, Well No. 2, which is located in the NW¼ SE¼ NE¼ of Section 30, Township 9
South, Range 80 West. Well No. 2 is to be located 1,095 feet west of the east section
line, 1,825 feet south of the north section line. Well No. 2 can serve as an alternate
point of diversion for Well Nos. 1, 3, and 4. The amount adjudicated was fifteen (15)
gpm conditional for domestic, commercial, industrial, and irrigation uses, with a
November 28, 1997, appropriation date. High Mountain Institute Well No. 3, which is
located in the NE¼ SE¼ NE¼ of Section 30, Township 9 South, Range 80 West. Well
No. 3 is to be located 330 feet west of the east section line, 1,530 feet south of the north
section line. Well No. 3 is an alternate point of diversion for Well Nos. 1, 2, and 4. The
amount adjudicated was fifteen (15) gpm conditional for domestic, commercial,
industrial, and irrigation uses with a November 28, 1997, appropriation date. High
Mountain Institute Well No. 4, which is located in the SW¼ SE¼ NE¼ of Section 30,
Township 9 South, Range 80 West. Well No. 4 is to be located 725 feet west of the
east section line, 2,130 feet south of the north section line. Well No. 4 can serve as an
alternate point of diversion for Well Nos. 1, 2, and 3. The amount adjudicated was
fifteen (15) gpm conditional for domestic, commercial, industrial, and irrigation uses at
the Institute with a November 28, 1997, appropriation date. D. Source: Lake Fork
Creek which is a tributary of the Arkansas River. E. Appropriation Date: November
28, 1997, Amount: 0.93 acre-feet for Well Nos. 1, 2, 3 and 4 combined. F. Use:
Domestic, commercial, industrial and irrigation. G. Depth: Well No. 1 at 50 feet, Well
Nos. 2, 3 and 4 to be developed. 4. Detailed outline of what has been done toward
completion of the appropriation and application of water to a beneficial use as
conditionally decreed, including expenditures:
The High Mountain Institute
(Institute) seeks a finding of reasonable diligence for Wells Nos. 2, 3, and 4, since Well
No. 1 was decreed absolute in Case No. 97CW156. The Institute has been in
continuous operation as a not-for-profit educational institution since the fall of 1998 and
has experienced significant growth in this diligence period. Since June 2006, the
Institute’s defining program, the HMI Semester program, has grown 27.27%, with
enrollment at or near the full capacity of 84 students in recent years. In addition, the
15
Institute’s Apprenticeship Program has grown 40.0% since 2006. The Institute also has
expanded the number of days during the summer that it operates custom leadership
programs and numerous wilderness medicine and avalanche training courses. The
Institute has invested significantly in campus improvements, forest maintenance and
tree health, appliances, septic system, a solar thermal system, and other aspects of its
campus, all of which will use the water adjudicated each discussed in more detail below.
High Mountain Institute maintains water usage data, which indicates that its water
usage has been steadily increasing since June of 2006. During the diligence period, the
Institute invested $147,018 to construct Stuen Hall and $1,001,617 to construct the
West Building. For the West Building, the Institute invested $33,000 for a fire
suppression system and filled the sprinkler tanks with at least 800 gallons of water. The
Institute also built community bathrooms, which replaced portable restrooms. The
Institute installed four commercial washers. Regarding its forest maintenance and tree
health efforts, the Institute has planted approximately 1000 trees at a cost of
approximately $5,000 to $10,000 a year. The Institute has expended approximately
$53,000 since 2006 in tree health and forest maintenance activities. During the first year
of growth for newly planted trees, the Institute hauled water to the more distant trees.
For this hauling, the Institute purchased a 350-gallon tank for approximately $500. In
addition, for three newly planted aspen groves, the Institute invested $1000 for a
sprinkler system and filled this sprinkler system with 500 gallons of water initially to
water the three aspen groves. During the diligence period, the Institute expended
$28,000 to install a solar thermal system and filled the solar thermal system with
approximately 200 gallons of water initially, which also requires regular top-off refills
during operation. High Mountain Institute plans to create an educational garden of
native plants on campus, which will be incorporated into the science curriculum. For
this garden, High Mountain Institute expended $340 for an initial consultation with a
landscape architect. During the diligence period, the Institute expended over $80,000 in
2010 and 2011 on septic system engineering to accommodate the new construction on
its campus. Planned uses and depletions associated with Well Nos. 2, 3, and 4 have not
changed from entry of the original conditional decree and augmentation plan
adjudication in Case No. 97CW156. High Mountain Institute maintains the same longterm growth plans. 5. Names and addresses of owners or reputed owners of the
land upon which water is or will be stored: High Mountain Institute (Applicant)
Christopher Barnes, Executive Director, P. O. Box 970, Leadville, CO 80461 Phone:
719-486-8200 ext. 101, Fax: 719-486-8201, [email protected] 6. Remarks: By
this application, High Mountain Institute does not seek to make any additional portion of
the water right absolute and seeks only a finding of reasonable diligence for the
remaining conditional portion of the water right.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW75 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
Mike and Virginia Ferrero. Structure: Labrie Ditch. Source: Santa Clara Creek, a
tributary to the Cucharas River. County: Huerfano.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW76 – PROTEST TO REVISED ABANDONMENT LIST. Protestants:
DMR, LLC and Kenneth Scott Brown. Structure: Yellowstone Reservoir. Source:
Yellowstone Creek. County: Huerfano.
16
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW77 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
Town of Palmer Lake. Structure: Anchor Ditch No. 1 a/k/a Monument Ditch. Source:
Middle Monument Creek, including Ice Cave Creek, tributary to Monument Creek,
tributary to Fountain River. County: El Paso
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW78 – NOAH H. (BUDDY) TAYLOR, JR. AND DIANE R. TAYLOR,
0498 County Road 9A, Canon City, CO 81212 (Michael F. Browning, Porzak
Browning & Bushong, LLP, Attorneys for Applicants, 929 Pearl Street, Suite 300,
Boulder, CO 80302; (303) 443-6800)
Application for Change of Water Rights
FREMONT COUNTY, COLORADO
2. Introduction: Applicants own absolute surface water rights decreed for irrigation
located on the Taylor Ranch in Fremont County, Colorado. Some of these rights are
currently, and have for decades, diverted from points more than 200 feet from their
decreed points of diversion. In some instances, the rights also divert at existing
alternative and supplemental points of diversion. There are no third party owned water
rights that divert in the stream reaches between the decreed points of diversion and the
actual points of diversion, no decreed exchanges within such stream reaches, no
instream flow water rights in such stream reaches, and no inflow from a tributary surface
stream within such stream reaches. This Application seeks to confirm long standing
historic use of the rights and does not seek a change in type of use of the water rights
involved. The original decrees for the subject water rights generally state the number of
acres that can be irrigated by each right, but not the specific location of such lands.
Applicant seeks the right to continue the irrigation of the historically irrigated lands,
subject to the decreed acreage limitations. Decreed water rights for which changes
are sought (the "Subject Water Rights"): A. Chivvis No. 1 Ditch, on Tallahassee
Creek, decreed location at a point on the North Fork thereof at a point bearing N 84°26’
W, 2375 feet, from the E ¼ corner of Section 9, T17S, R73W of the 6 th P.M., decreed
for 2.0 cfs, with an appropriation date of May 31, 1878, for the irrigation of eight acres,
and an appropriation date of May 31, 1881, for the irrigation of an additional seven
acres, by the District Court in and for Fremont County on February 3, 1894. B. Chivvis
No. 2 Ditch, on Tallahassee Creek, decreed location at a point on the North Fork thereof
bearing 75°32’ E, 1600 feet from the W1/4 corner of Section 9, T17S, R73W of the 6 th
P.M., decreed for 2.0 cfs, with an appropriation date of May 31,1878, for the irrigation of
ten acres, by the District Court in and for Fremont County on February 3, 1894. C.
Chivvis No. 3 Ditch, on Tallahassee Creek, decreed location at a point on the North
Fork thereof bearing N 84°25’ West, 2375 feet from the E ¼ corner of Section 9, T17S,
R73W of the 6th P.M., decreed for 1.5 cfs. with an appropriation date of May 15, 1875,
for the irrigation of seven acres, by the District Court in and for Fremont County on
February 3, 1894. D. Pioneer North Ditch, on Tallahassee Creek, decreed location
unspecified but testimony indicated that it was at a point on the North side of the North
Fork thereof 20 rods E and 40 rods N of the SW corner of the NW ¼ NE ¼ of Section 7,
T17S, R73W, of the 6th P.M., decreed for 2.0 cfs, with an appropriation date of May 10,
1880, for the irrigation of nineteen acres, and with an appropriation date of May 31,
1885, for the irrigation of an additional one acre, by the District Court in and for Fremont
17
County on February 3, 1894. E. Pioneer South Ditch, on Tallahassee Creek, decreed
location at a point on the South side of the North Fork thereof 30 rods N and 10 rods W
of the SE corner of the NW ¼ SE ¼ of Section 7, T17S, R73W, of the 6 th P.M., decreed
for 1.0 cfs, with an appropriation date of May 10, 1879, for irrigation of four acres, by the
District Court in and for Fremont County on February 3, 1894. F. North Squaw Ditch, on
Squaw Creek, decreed location at a point 69 rods E and 9 rods S of the NW corner of
the SW ¼ of Section 5, T17S, R73W, of the 6th P.M., decreed for an unspecified amount
of flow for the irrigation of four acres, with an appropriation date of May 30, 1887, by the
District Court in and for Fremont County on February 3, 1894. G. South Squaw Ditch,
on Squaw Creek, decreed location at a point being the NW corner of the SW1/4 of
Section 5, T17S, R73W, of the 6th P.M., decreed for unspecified amounts with
appropriation dates of May 30, 1887, 1888 and 1889, for the irrigation of a total of ten
acres, by the District Court in and for Fremont County on February 3, 1894. H. Black
Ditch No. 1, on Squaw Creek, decreed location at a point bearing N 84°40’ E, 1200 feet
from the SW corner of Section 33, T16S, R73W, of the 6 th P.M., decreed for 1.0 cfs.
with an appropriation date of June 1, 1876, for the irrigation of 12 acres, and an
appropriation date of November 30, 1882, for the irrigation of nine acres, by the District
Court in and for Fremont County on February 3, 1894. I. Black Ditch No. 2, on Squaw
Creek, decreed location at a point bearing S 85°30’ E, 800 feet from the SW corner of
Section 3 (it is believed this was intended to be Section 33), T16S, R73W, of the 6th
P.M., decreed for 0.9 cfs. with an appropriation date of November 1, 1882, for the
irrigation of nine acres, by the District Court in and for Fremont County on February 3,
1894. J. Hodges Ditch No. 1, on Cottonwood Creek, decreed location at a point bearing
S 88°04’ W, 728 feet from the quarter corner on the E line of Section 34, T16S, R73W,
of the 6th P.M., decreed for 2.0 cfs. with an appropriation date of December 1, 1870, for
the irrigation of thirty acres, by the District Court in and for Fremont County on February
3, 1894. K. Hodges Ditch No. 2, on Squaw Creek, decreed location at a point bearing
48° East 1,811 feet [North] from the Southwest corner of Section 34, T16S, R73W, of
the 6th P.M., decreed for 2.5 cfs, with an appropriation date of November 15, 1870, for
the irrigation of 36 acres, by the District Court in and for Fremont County on February 3,
1894. Description of Proposed Changes in Surface Points of Diversion. Recent
GPS measurements reflect that the actual points of diversion of some of the Subject
Water Rights vary by more than 200 feet from the points of diversion decreed in 1894.
The map attached to the Application as Exhibit A shows the location of both the decreed
and actual points of diversion of each of the Subject Water Rights. The actual points of
diversion are described as follows: (All exhibits mentioned herein are incorporated by
reference and may be inspected at the office of the clerk of this Court.) A. Chivvis No. 1
Ditch diverts from North Tallahassee Creek in the SW1/4 of the NW1/4 of Section 9,
T17S, R73W of the 6th P.M. at a point 1450 feet from the North section line and 10 feet
from the West section line of said Section 9. The GPS coordinates are NAD83, UTM
Zone 13S, 450436 Easting, 4271044 Northing. An alternate and supplemental point of
diversion is located in the SE1/4 of the NW1/4 of Section 9, T17S, R73W of the 6 th P.M.
at a point 2125 feet from the North section line and 1280 feet from the West section line
of said Section 9. The GPS coordinates are NAD83, UTM Zone 13S, 450816 Easting,
4270835 Northing. B. Chivvis No. 2 Ditch diverts from North Tallahassee Creek in the
NW1/4 of the NE1/4 of Section 8, T17S, R73W of the 6th P.M. at a point 1115 feet from
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the North section line and 1815 feet from the East section line of said Section 8. The
GPS coordinates are NAD83, UTM Zone 13S, 449886 Easting, 4271176 Northing. C.
Chivvis No. 3 Ditch diverts from North Tallahassee Creek in the NW1/4 of the NW1/4 of
Section 8, T17S, R73W of the 6th P.M. at a point 610 feet from the North section line
and 1230 feet from the West section line of said Section 8. The GPS coordinates are
NAD83, UTM Zone 13S, 449150 Easting, 4271292 Northing. The Ditch diverts on both
sides of the Creek at this point. An alternate and supplemental point of diversion is
located in the NE1/4 of the NW1/4 of Section 8, T17S, R73W of the 6 th P.M. at a point
630 feet from the North section line and 2500 feet from the West section line of said
Section 8. The GPS coordinates are NAD83, UTM Zone 13S, 449542 Easting, 4271292
Northing. D. Pioneer North Ditch diverts within 200 feet of its decreed point of diversion,
so no change in point of diversion for this right is sought. E. Pioneer South Ditch diverts
from Tallahassee Creek in the NE1/4 of the NE1/4 of Section 7, T17S, R73W of the 6 th
P.M. at a point 1120 feet from the North section line and 1530 feet from the East section
line of said Section 7. The GPS coordinates are NAD83, UTM Zone 13S, 448305
Easting, 4271136 Northing. F. North Squaw Ditch diverts from Squaw Creek in the
NW1/4 of the SW1/4 of Section 5, T17S, R73W of the 6th P.M. at a point 2645 feet from
the North section line and 770 feet from the West section line of said Section 5. The
GPS coordinates are NAD83, UTM Zone 13S, 449040 Easting, 4272290 Northing. G.
South Squaw Ditch diverts within 200 feet of its decreed point of diversion, so no
change in point of diversion for this right is sought. H. Black Ditch No. 1 diverts from
Squaw Creek in the SW1/4 of the SE1/4 of Section 33, T16S, R73W of the 6 th P.M. at a
point 210 feet from the South section line and 2100 feet from the East section line of
said Section 33. The GPS coordinates are NAD 83, UTM Zone 13S, 451472 Easting,
4273139 Northing. An alternate and supplemental point of diversion is in the SW1/4 of
the SW1/4 of Section 34, T16S, R73W of the 6th P.M. at a point 790 feet from the South
section line and 40 feet from the West section line of said Section 34. The GPS
coordinates are NAD83, UTM Zone 13S, 452102 Easting, 4273314 Northing. I. Black
Ditch No. 2 diverts from Squaw Creek in the SE1/4 of the SW1/4 of Section 33, T16S,
R73W of the 6th P.M. at a point 150 feet from the South section line and 1350 feet from
the West section line of said Section 33. The GPS coordinates are NAD83 UTM Zone
13S, 450891 Easting, 4273131 Northing. J. Hodges Ditch No. 1 diverts from
Cottonwood Creek in the SE1/4 of the NW1/4 of Section 34, T16S, R73W of the 6 th
P.M. at a point 1250 feet from the North section line and 2400 feet from the West
section line of said Section 34. The GPS coordinates are NAD83, UTM Zone 13S,
452876 Easting, 4274309 Northing. Diversion can be made at this point from both sides
of the Creek. An alternate and supplemental point of diversion is located in the NE1/4 of
the SE1/4 of Section 34, T16S, R73W of the 6th P.M. at a point 2100 feet from the South
section line and 515 feet from the East section line of said Section 34. The GPS
coordinates are NAD83, UTM Zone 13S, 453597 Easting, 4273700 Northing. K. Hodges
Ditch No. 2 diverts from Squaw Creek in the SW1/4 of the SW1/4 of Section 34, T16S,
R73W of the 6th P.M. at a point 1180 feet from the South section line and 1100 feet from
the West section line of said Section 34. The GPS coordinates are NAD83, UTM Zone
13S, 452447 Easting, 4273431 Northing. Land Ownership/Maps/Diversion Records.
Applicants own the land upon which the Subject Water Rights divert and are used for
irrigation. Attached to the Application as Exhibit A are maps of the decreed and current
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points of diversion of the Subject Water Rights. Attached as Exhibit B to the Application
are the State Engineer's summary of diversions by the Subject Water Rights. These
records are incomplete and do not show all diversions made under the Subject Water
Rights.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW79 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
Bessemer Irrigating Ditch Company. Structure: The Bessemer Ditch (also known as
Bessemer Flood Right). Source: Arkansas River. County: Pueblo.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW80 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
JBS Five Rivers Cattle Feeding LLC, d/b/a Colorado Beef. Structure: E.R. Jones
Seepage Ditch and R. M. Ray Seep Ditch. Source: Riverview Drain. County: Bent
and Prowers Counties.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW81 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
The Colorado State Board of Land Commissioners. Structure: Claudio Ditch. Source:
Turkey/Trujillo Creek. County: Huerfano County.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW82; Previous Case No. 03CW31 – MARIA LAKE GRAZING
ASSOCIATION, LLP, c/o Rick White, Managing Director, 7343 S. Alton Way, #100,
Centennial, CO 80112 (Please send all correspondence and pleadings to the
following: Jack F. Ross, Esq. and Mark T. Valentine, Esq., Dufford & Brown, P.C.,
Attorneys for Applicant, 1700 Broadway, Suite 2100, Denver, CO 80290; (303) 8618013
Application for Hexennial Finding of Reasonable Diligence and to Make Conditional
Decree Absolute
HUERFANO COUNTY
Description of Conditional Underground Water Right: Date of Original Decree:
June 30, 2006; Case No.: 2003CW31; Court: District Court, Water Division 2. Name
of Well: Maria Lake Well No. 2 Location of Well: The well is located in Section 20,
Township 27 South, Range 65 West of the 6th P.M., 1200 feet from the South section
line and 70 feet from the East section line, Huerfano County, Colorado. Source:
Ground; Depth of Well: 42 feet. Priority Date: April 10, 2003. Legal Description of
Structures: SE 1/4 SE ¼ Section 20, Township 27 South, Range 65 West of the 6th
P.M.. Source: Groundwater tributary to the Cucharas River. Appropriation Date:
April 10, 2003. Pumping Rate: 15 gpm. Use: Domestic water service to 36
residential units and irrigation of not to exceed two acres of landscape amenities located
generally in portions of the East half of Section 20, the West half of Section 21, and
those portions of the Northeast quarter of Section 29 and the Northwest quarter of
Section 28, lying North of the State Highway No. 10, all in Township 27 South, Range
65 West of the 6th P.M. in Huerfano County, Colorado. Activities During the Diligence
Period: This Application for Hexennial Finding of Reasonable Diligence is filed
pursuant to the Water Right Determination and Administration Act of 1969, § 37-92-302,
C.R.S. In support of this Application, Applicant states as follows: During this diligence
period, the Applicant secured permit No. 65348-F to drill the well, drilled it, had it
equipped, pump-tested, a pump installed and connected to the domestic water system
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serving the existing residential units located within the area described above, at a total
cost to the Applicant of $24,954.91. Name and addresses of owners of land on
which the well is located: Maria Lake Grazing Association, LLP, c/o Rick White,
Managing Director, 7343 S. Alton Way, #100, Centennial, CO 80112. WHEREFORE,
Applicant prays that this Court enter a Decree finding that Applicant exercised
reasonable diligence in the development of the conditional appropriate right for its well
No. 2, and in recognition that it has pumped the well into its domestic water system from
which it has been used by its members for domestic purposes, to enter a decree making
the conditional water right absolute.
--------------------------------------------------------------------------------------------------------------------CASE NO. 12CW83 – PROTEST TO REVISED ABANDONMENT LIST. Protestant:
Huerfano-Cucharas Irrigation Company. Structure: Bradford Lake Reservoir. Source:
Huerfano River. County: Huerfano.
--------------------------------------------------------------------------------------------------------------------THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY
AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE
ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS
MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY
STATUTE, OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or
application as amended, may file with the Water Clerk 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 August 2012, (forms available at Clerk’s office or at
www.courts.state.co.us, must be submitted in quadruplicate, after serving parties and
attaching a certificate of mailing, filing fee $130.00). The foregoing are resumes and the
entire application, amendments, exhibits, maps and any other attachments filed in each
case may be examined in the office of the Clerk for Water Division No. 2, at the address
shown below.
--------------------------------------------------------------------------------------------------------Witness my hand and the seal of this Court this 6th day of July, 2012.
________________________________
Mardell R. DiDomenico, Clerk
District Court, Water Div. 2
Pueblo County Judicial Building
320 W. 10th Street
Pueblo, CO 81003; (719) 583-7048
(Court seal)
Published: July _____, 2012
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