IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER
DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a
resume of all applications filed in the Water Court during the month of August, 2013.
The names, address of applicant, source of water, description of water right or
conditional water right involved, and description of the ruling sought are as follows:
There has been filed in this proceeding a claim or claims which may affect in priority any
water right claimed or heretofore adjudicated within this division and owners of affected
rights must appear to object and protest as provided in the Water Right Determination
and Administration Act of 1969, or be forever barred.“THERE HAS BEEN FILED IN
THIS PROCEEDING A CLAIM OR CLAIMS WHICH MAY AFFECT IN PRIORITY ANY
WATER RIGHT CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION
AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST
AS PROVIDED IN THE WATER RIGHT DETERMINATION AND ADMINISTRATION
ACT OF 1969, OR BE FOREVER BARRED.”
CASE NO. 2013CW74. Applicant: Perry and Susanne Auten, 278fm 2960, Whitney, TX
76692. Application for Conditional Surface Water Right: Auten Spring – SW1/4SE1/4 of
Section 23, T48N, R6W, N.M.P.M. 760 feet from the south line and 1766 feet from the
east section line. Source: Stumpy Creek, Little Cimarron River, Big Cimarron River,
Gunnison River. Appropriation Date: 07/01/2013. Amount Claimed: 15 g.p.m.
conditional for domestic use in one residence and irrigation of less than one acre.
GUNNISON COUNTY.
CASE NO. 2013CW75 (REF NO. 06CW199). Applicant: Phyllis Mabbett, 860 County
Road 142, Lake City, CO 81235. Application For Finding of Reasonable Diligence:
Poco Lago Pump and Poco Lago Pond – both are located SE1/4NE1/4SW1/4 of
Section 34, T44N, R4W, N.M.P.M. 1,500 feet north of the south line and 2,000 feet east
of the west section line. Source Lake fork of the Gunnison River. Appropriation Date:
10/16/2006. Amount Claimed: 0.25 c.f.s. for filling the pond for irrigation of ½ acre, fire
protection, wildlife and stockwater, from the Poco Lago Pump and a conditional water
right for the storage of 6.0 acre-feet for irrigation of ½ acre, fire protection, wildlife and
stockwater. The Application on file with the Water Court contains an outline of the work
performed during the diligence period. HINSDALE COUNTY.
CASE NO. 2013CW76. Applicant: Shane Burton, P. O. Box 207, Gateway, CO 81522.
Application for Change of Water Right: Ben Ames Ditch. Date of Original Decree:
03/01/1930. Case No. W2502. The diversion is described as being located on the left
bank of the Dolores River, at a point about 25 rods southeasterly from the southeast
corner of Section 20, Township 48N, Range 18 W, N.M.P.M. Source: Dolores River.
Appropriation Date: 03/01/1930. Amount Decreed to Structure: 4.1 c.f.s. absolute
Decreed Use: 80 acres of land being irrigated. Amount of water Applicant intends to
change: 1.0 c.f.s. absolute. Detailed description of proposed change: Requested is a
change in the point of diversion for 1.0 c.f.s. out of the Ben Ames Ditch, Priority No. 89,
absolute. Appropriation Date: March 1, 1930, Case No, W2502, Water Division 4, State
of Colorado. This change will reflect more practical points of diversion to irrigate 25
acres of land the applicant owns that has historically been irrigated by this right. The
applicant is submitting 4 diversion points, each new diversion point is requested for the
full one (1) c.f.s., but not to exceed the one (1) c.f.s. at all diversion points cumulative at
any one time. Burton Point of Diversion 001 – SE1/4SE1/4 of Section 8, T49N, R18W,
NMPM, 477 feet from the south line and 1,236 from the east section line. Burton Point
of Diversion 002 – SW1/4SW1/4 of Section 9, T49N, R18W, NMPM, 995 feet from the
south line and 72 feet from the west section line. Burton Point of Diversion 003 –
SE1/4NE1/4 of Section 8, T49N, R18W, NMPM, 2,483 feet from the south line and 189
from the east section line. Burton Point of Diversion 004 – SE1/4NE1/4 of Section 8,
T49N, R18W, NMPM, 2,576 feet from the south line and 308 from the east section line.
MESA COUNTY.
CASE NO. 2013CW77. Applicant: Zach Taylor, 1754 H Road, Delta, CO 81416.
Application for Storage Water Rights: Taylor Pond 1 – NE1/4SE1/4NW1/4 of Section
17, T15S, R95W, 6th P.M. 1,590 feet from the north line and 2,381 feet from the west
section line. Source: Gunnison River. Appropriation Date 08/08/2008. Amount
Claimed: 2.00 acre-feet conditional for irrigation of 2 acres and recreation. Taylor Pond
2 – NE1/4SE1/4NW1/4 of Section 17, T15S, R95W, 6th P.M. 1,679 feet from the north
line and 2,565 feet from the west section line. Source: Gunnison River. Appropriation
Date 08/08/2008. Amount Claimed: 8.00 acre-feet conditional for irrigation of 2 acres
and recreation. DELTA COUNTY.
CASE NO. 2013CW78 (REF NO. 06CW176, 99CW205). Applicant: Brent and Marilyn
Berkey, 1000 County Road No. 3, Ridgway, CO 81432. Application To Make Absolute:
Berkey Spring No. 1 – SW1/4SE1/4SW1/4 of Section 22, T45N, R8W, N.M.P.M. 1,500
feet east of the west line and 18 feet north of the south line. Source: Uncompahgre
River. Appropriation Date: 10/31/1999. Amount Claimed: 0.25 c.f.s. absolute for fire
suppression, irrigation and stockwater. Berkey Pond Pitwell– SE1/4SW1/4 of Section
22, T45N, R8W, N.M.P.M. 1,500 feet east of the west line and 18 feet north of the south
line. Source: Uncompahgre River. Appropriation Date: 03/01/1995. Amount Claimed:
1.63 acre-feet absolute for wildlife and stockwater. The Application on file with the
Water Court contains an outline of the work performed during the diligence period.
OURAY COUNTY.
CASE NO. 2013CW79. Applicant: Telluride Pines Homeowners Association, P. O. Box
88, Placerville, CO 81430. Application for Surface Water Right: Telluride Pines Alder
Creek Pump and Pipeline – SE1/4NW1/4 of Section 19, T44N, R10W, N.M.P.M. 2,600
feet from the north line and 2,000 feet from the west section line. Source: Alder Creek,
Leopard Creek and the San Miguel River. Appropriation Date: 12/01/2013. Amount
Claimed: 7 g.p.m. absolute for domestic and fire protection. SAN MIGUEL COUNTY.
CASE NO. 2013CW80.
Applicant: Glenn and Linda Giles, 10041 Lee Street,
Westminster, CO 80021. Application for Surface Water Right: Black Timber Spring No.
1 – NW1/4NW1/4 of Section 12, T48, R5W, N.M.P.M. 717 feet from the south line and
944 feet from the east section line. Source: Gunnison River. Appropriation Date:
08/06/2011. Amount Claimed: 0.25 g.p.m. absolute for stockwater and domestic use.
GUNNISON COUNTY.
CASE NO. 13CW3024 (REF NO. 05CW64) - THE APPLICATION FOR WATER
RIGHTS OF JON P. AND CINDY SMITH IN LAKE FORK GUNNISON RIVER, A
TRIBUTARY OF THE GUNNISON RIVER, Jon P. and Cindy Smith, 105 Crest Elm
Court, Fort Worth, Texas 76108. All correspondence concerning this Application
should be sent to Applicants’ counsel, Wilderson Lock & Hill, LLC, 525 North Main
Street, Gunnison, CO 81230 to the Attention of Mr. John R. Hill, Jr. Description of
Water Rights: Name of Structure: Chilcutt Well. Location: Chilcutt Well is located in the
SE1/4 NE1/4 SW1/4 of Section 34, Township 44 North, Range 4 West, N.M.P.M., at a
point of 1663 feet north of the south section line and 2096 feet east of the west section
line. Source: Groundwater taken tributary to the Lake Fork Gunnison River.
Appropriation Date: May 3, 2005.Adjudication Date: 2007. Amount claimed: 15 g.p.m. for
domestic use and lawn irrigation of approximately 0.60 acre. Use: Domestic use and
irrigation of lawn. Original Decree: The Decree granting the conditional rights that are the
subject of this Application was entered on July 20, 2007, in Case No. 05CW064, by the
District Court, Water Division 4.Original applicants expended approximately $48,000 in
landscaping and sprinkler system $12,000 of which was for Sprinkler System alone.
Present applicants spent approximately $2,000 in making improvements such as rain
sensor and timer solenoid. Water was put to beneficial use on October 23, 2007 for lawn
irrigation. Blue Mesa-Chilcutt Well Exchange was operated at daily rate of 0.006 cfs
each time water was released from Blue Mesa Reservoir pursuant when call from
downstream was in effect. All structures are located on lands owned by applicants, Jon
P. and Cindy Smith, 105 Crest Elm Court, Fort Worth, Texas 76108. Based upon the
foregoing, Applicants request that the conditional rights for the Chilcutt Well and Blue
Mesa-Chilcutt Exchange be made absolute in the amount, at the location, for the uses,
and with an appropriation date set forth above. HINSDALE COUNTY.
CASE NO. 2013CW3025 (REF NO. 05CW116). Applicant: County of Delta, Christine
Knight County Attorney, 320 W. 5th St., Delta CO 81416. Application to Make Absolute
in Whole or in Part: Delta County Pig Mesa Pump Stations 1 and 2 – Point 445 feet north
of the south section line and 1512 feet west of the east section line, SE ¼ SW ¼ SE ¼
of Section 4, Township 15 South, Range 94 West 6 PM. Source: Gunnison River at the
headgate of the North Delta Canal. Appropriation Date: 06/01/2005. Amount Claimed:
1.00 cfs of water, combined flow-rate for both stations. The Application on file with the
Water Court contains an outline of the work performed during the diligence period
because it is a diligence application. DELTA COUNTY.
CASE NO. 2013CW3026 – CASE NUMBER NOT USED
CASE NO. 2013CW3027 DELTA COUNTY 1. Applicants: Willyn A. Webb and James
E. Webb, 3026 1360 Road, Delta CO 81416, by Aaron R. Clay, P.O. Box 38, Delta CO
81416, 970-874-9777. APPLICATION FOR SURFACE WATER RIGHTS 2. Name of
Structure: WEBB POND AND PUMPSITE, 3. Legal Description of point of diversion:
SE1/4SE1/4SW1/4, Section 34, Township 15 South, Range 96 West, 6th P.M.,
approximately 70 feet north of the south section line and 2280 feet east of the west
section line. UTM coordinates Northing 4287825 Easting 229778, Zone 13. 4. Date of
Appropriation: May 22, 2013 5. Amount claimed: 0.25 c.f.s. and 2.0 acre-feet; 6. Use:
Irrigation of seven acres and Stock water; all conditioanl. 7. Source of Water: return flow
tributary to Seep Creek, tributary to the Gunnison River. DELTA COUNTY.
2013CW3028 (REF 06CW158, 98CW191). DELTA COUNTY 1. David E. Torkelson and
Sheilla A. Torkelson, P. O. Box 837, Hotchkiss CO 81419 970-527-3881, by Aaron R.
Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR FINDING OF
REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART 2. Name of
Structures: Sunshine Springs 2-4 3. Date of Original Decree: July 18, 2000 Case No.
98CW191 Court: Water Division No. 4. 4. Legal Description of decreed point of
diversion: Sunshine Spring No. 2 is located in the SW1/4SE1/4, Section 9, Township 14
South, Range 92 West, 6th P.M., at a point 1830 feet west of the east section line and
1316 feet north of the south section line. Sunshine Spring No. 3 is located in the
NW1/4SW1/4SE1/4, Section 9, Township 14 South, Range 92 West, 6th P.M., at a point
1942 feet west of the east section line and 934 feet north of the south section line.
Sunshine Spring No. 4 is located in the NW1/4SW1/4SE1/4, Section 9, Township 14
South, Range 92 West, 6th P.M., at a point 2054 feet west of the east section line and
549 feet north of the south section line. 5. Date of Appropriation: December 31, 1998.
6. Amount: .033 c.f.s. 7. Use: In-house domestic, commercial, and fire protection. 8.
Source of Water: Springs tributary to the North Fork of the Gunnison River. 9. Claims for
diligence: Applicants have developed the springs and connected them to a delivery
pipe and two storage tanks. A filtration and valve station has been constructed.
Applicants have added more piping which will be necessary to connect to two
residences. Water has been supplied under pressure to a fire hydrant, so
Applicants claim Fire Protection as an absolute use. DELTA COUNTY.
CASE NO. 2013CW3029 (REF NO. 05CW255) Applicant: David and Cheryl McCallister,
C/O John Hill, 525 N. Main Street, Gunnison, CO 81230. Name of Structure:
McCallister Ditch. Location: The decreed location is at a point on the north bank of
Tomichi Creek in Section 24, Township 48 North, Range 4½ East of the N.M.P.M.
SE1/4SW1/4SE1/4 Section 24, Township 48 North, Range 4½ East of the N.M.P.M.
approximately 258 feet north of the south section line and 623 feet east of the West
section line of said Section 24. Source: Tomichi Creek. Date of appropriation: October
14, 2005. Appropriation was initiated by formation of the intent to appropriate and site
reconnaissance. Adjudication date: August 20, 2008. Amount claimed: 1.0 cfs
conditional. Use: Irrigation of approximately 10 acres lying under the ditch in Section
24, Township 48 North, Range 4½ East of the N.M.P.M. and in the E½SE¼NE¼ Section
25, Township 48 North, Range 4 East of the N.M.P.M. Original decree: The decree
granting the conditional rights that are the subject of this Application was entered August
20, 2008, in Case No. 05CW255, by District Court, Water Division 4. The ditch was
completed in the fall of 2011 and included excavation and installation of headgate and
flume at a total cost of approximately $2,000.00. Water was first beneficially used for
irrigation on May 3, 2012 when the water commissioner measured 1.19cfs in the ditch.
All structures located on lands owned by applicants, David A. and Cheryl S. McCallister,
P.O. Box 605, Penrose, CO 81240. Based upon the foregoing, Applicants request that
the conditional rights for the McCallister Ditch be made absolute in amount, at the
location, for the uses, and with an appropriation date set forth above. SAGUACHE
COUNTY.
CASE NO. 2013CW3030 (Ref. 06 CW 162), Gunnison County, Water District No. 4,
Applicant: LANCE LOKEN, c/o The Law Office Of Thomas M. Riser, P.C., 103 W.
Tomichi Avenue, Suite B, Gunnison, Colorado 81230, (970) 642-4111. Type of
Application: Applicant for Finding of Reasonable Diligence. Previous Case No.: 06
CW 162. Name of Structure: LOKEN WELL. Location: NW ¼ of the NW ¼, Section
13, Township 50 N, Range 1 W, Principal Meridian New Mexico, Gunnison County,
Colorado, 370 feet from the North Section Line and 1214 feet from the West Section
Line. Source: Alluvium of Ohio Creek. Quantity: 0.011 cfs. Appropriation Date:
June 9, 2005. Use: Household use and stock water. Type of Structure: Well. Name
of Structure: LOKENS AUGMENTATION POND. Location: NW ¼ of the NE ¼,
Section 12, Township 50 N, Range 1 W, Principal Meridian New Mexico, Gunnison
County, Colorado, 359 feet from the North Section Line and 1493 feet from the West
Section Line.
Source:
Alluvium of Ohio Creek.
Quantity:
2.25 acre-feet.
Appropriation Date: June 9, 2005. Use: Augmentation, irrigation, piscatorial, and fire
protection. Type of Structure: Augmentation Pond. The Application on file with the
Court contains a detailed outline of the work performed toward the beneficial use of this
water right. GUNNISON COUNTY.
AMENDED/CORRECTED:
CASE NO. 2012CW141. Applicant: Justin Jager, 702 North Industrial Way, Ely,
Nevada, 89301. Amended Application for Conditional Surface Water Rights: Jager
Pipeline – SE1/4SE1/4 of Section 13, T44N, R10W, NMPM. 34 feet from the south line
and 504 feet from the east section line. Source: Middle Fork Creek and the San Miguel
River. Appropriation Date: 12/10/2012. Amount Claimed: 15 g.p.m. conditional for
domestic use for one cabin including wildfire protection/mitigation, lawn and garden and
domestic livestock. SAN MIGUEL COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October, 2013 to
file with the Water Clerk, in duplicate, 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 a Statement of Opposition must
also be served upon the applicant or the applicant’s attorney and an affidavit of
certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P.
Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk’s Office or
on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk,
Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401