DISTRICT COURT, WATER DIVISION 6, COLORADO
TO ALL PERSONS INTERESTED IN WATER APPLICATIONS
IN WATER DIVISION 6
Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of FEBRUARY, 2012.
2012CW4. CODY RESOURCES, LP, Star Route, Box 73RR, Encampment, Wyoming 82325. Robert E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Road, Tucson, Arizona 85739. APPLICATION FOR FINDING OF USE MADE ABSOLUTE OR ALTERNATIVELY FOR FINDING OF REASONABLE DILIGENCE, inJACKSON COUNTY. 2. Name of Structure: ALEMEDA DITCH (a/k/a Alameda Ditch) 3. Description of Water Right:A. Original Decree: Case No. 80-CW-232, entered in Water Division 6, on January 28, 1982. B. Diligence Decrees: (1) Case No. 85-CW-170, Water Division 6, entered on May 7, 1986. (2) Case No. 90-CW-043, Water Division 6, entered on August 8, 1991, as reformed by Order of the Water Court in Case No. 94-CW-123, entered on June 17, 1995. (3) Case No. 97-CW-044, entered on August 4, 1998. (4) Case No. 04-CW-032, entered on February 10, 2006. C. Location: The headgate of the Alemeda Ditch is located on an unnamed creek, tributary to Pinkham Creek, tributary to the North Platte River, in the SE ¼, SW ¼ of Section 17, Township 11 North, Range 79 West of the 6th P.M., at a point from which the SW corner of Section 17 bears S 8115'W, 1570 feet, in Jackson County. SeeExhibit A, General Location Map. D. Source: Unnamed creek, tributary to Pinkham Creek, tributary to the North Platte River. Water is diverted from this creek into the Alemeda Ditch at its headgate and at a lower diversion point and then to various feeder ditches that intersect below. E. Appropriation Date: December 29, 1980. F. Amount: 8.0 cfs Absolute.
G. Use: Irrigation and Domestic. 4. From Previous Decrees (All Water Division 6):
A. Case No. 80-CW-232: The Alemeda Ditch was originally decreed in Case No. 80-CW-232, as follows:
-- 5.0 cfs, conditional, on December 7, 1981; and -- 5.0 cfs, absolute, on June 28, 1982.
B. Case No. 85-CW-170: A decree for a Finding of Quadrennial Diligence was entered in Case No. 85-CW-170 on May 7, 1986, continuing the 5.0 cfs conditional water right decreed to the Alemeda Ditch.
C. Case No. 90-CW-043: In Case No. 90-CW-043, entered on August 8, 1991, 2.0 cfs of such conditionally decreed water right was voluntarily abandoned by Applicant, and the remaining 3.0 cfs were continued as a conditional water right. D. Case No. 94-CW043: By Order of the Water Court in Case No. 94-CW-123, entered on June 17, 1995, the Court reformed the decree in Case No. 90-CW-043, paragraph 3 of the decree portion thereof, to read as follows: The subject conditional water right of 3.0 cfs is hereby continued in full force and effect until the last day of August, 1997. Should Applicant desire to maintain this conditional right, an application for a finding of reasonable diligence shall be filed during or before August, 1997, or a showing made before that time that such conditional water right has become absolute by reason of the completion of the appropriation. E. Case No. 97-CW-044: (1) Case No. 97-CW-044, Water Division 6, was filed on August 28, 1997, and amended on December 24, 1997, in which Applicant sought to have the remaining 3.0 cfs conditional right made absolute by reason of completion of the appropriation. (2) By decree of the Water Court on August 4, 1998, the remaining 3.0 cfs of decreed conditional water was made ABSOLUTE. In the same decree of the Water Court, a finding was made that the conditionally decreed domestic use would be continued as a conditional use attached to the water right. F. Case No. 04-CW-032: The decree in Case No. 04-CW-032, entered on February 10, 2006, the Court continued the conditional domestic use component of the Alemeda Ditch water right.
5. Claim for Finding that the Conditional Domestic Use Portion of the Water Right Has Been Made Absolute or, Alternatively, for a Finding of Reasonable Diligence: A. This verified application for a finding that the right has been made absolute, or alternatively, for a finding of reasonable diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, § 37-92-301, et seq., C.R.S. B. SeeSection 37-92-301(4)(a)(III), C.R.S., indicating that a conditional water right (or in this case, a conditional component thereof) may be continued until made ABSOLUTE by the completion of the appropriation. C. Section 37-92-301(4)(b), C.R.S., defines the measure of reasonable diligence as "the steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances." D. The following facts and circumstances demonstrate that the conditional domestic use component of the Alemeda Ditch water right has been made ABSOLUTE by the completion of the appropriation, or that diligence made in that regard is adequate to justify the continuation of this use component of the water right: (1) During each of the past six irrigation seasons between 2005 and 2011, inclusively, water has been diverted into the Alemeda Ditch at various times at a diversion rate of up to and including 8.0 cfs for historical irrigation uses. (2) A residence (farm house) is located near the Alemeda Ditch headgate. This residence has been occupied for most of this diligence period. The residence is served by a well located on the property. SeeExhibit A. (3) During this diligence period the domestic well serving the residence has failed, and Applicant has applied for and has been issued a replacement well permit, Permit No. 286395 (issued August 03, 2011). During times when the domestic well is not operative, water from the Alemeda Ditch water right has been used within the residence for various domestic purposes and used for irrigation of lawn areas adjacent to the residence. See Affidavit of Mark Dunning, Ranch Manager, attached hereto as Exhibit B. (4) At all times, Applicant has intended that a small portion of the Alemeda Ditch irrigation water may be used inside the household structure for domestic uses when needed. It was intended that such water could be used for such purposes in times of emergency or during well maintenance or failure. Such use of the water right for domestic purposes was necessary during this diligence period. (5) Further, the ability to use a small portion of the Alemeda Ditch water right for domestic use inside of the existing single residence at this location is an important safety factor in allowing the residence to remain occupied. WHEREFORE, Applicant respectfully requests this Court enter a ruling and decree finding that Applicant has made the domestic use component of the water right ABSOLUTE by reason of completion of the appropriation, or alternatively has been diligent to the extent necessary to continue its conditional domestic use component associated with this Alemeda Ditch water right for another diligence period. Applicant Cody Resources, LP, further requests any and all other relief the Court deems appropriate in these circumstances. (5 Pages.)
12CW5, Routt County,Application for Change of Water Rights. 1. Name, address, and telephone number of applicant: Redemption Ranch, LLC, c/o Eli Feldman, President, 2005 10th Street, Suite D, Boulder, CO 80302, , 303-225-7906. 2. Decreed water right for which change is sought: A. Name of structure: Redemption Ditch Headgate No. 1, B. Original decree: December 23, 2010 in Case No. 09CW71, District Court in and for Water Division No. 6 (“Water Court”). C. Legal description of point of diversion: on the west bank of Soda Creek in the southwest quarter of the southeast quarter of Section 32, Township 7 North, Range 84 West, of the 6th P.M., Routt County, Colorado, at a point approximately 828 feet from the south section line and 1,931 feet from the east section line. D. Source: Soda Creek, tributary to Yampa River. E. Appropriation dated: November 4, 2009. F. Decreed amount: 2.0 cfs, conditional. G. Decreed Uses: recreation, piscatorial, irrigation, livestock watering, wildlife watering, aesthetics, and to fill and re-fill Redemption Ponds Nos. 1, 2, and 3. Such uses will occur directly or from storage in Redemption Pond Nos. 1, 2, and 3. Water will be also used as freshening flow in and through the ponds. H. Amount of water that applicant intends to change: 2.0 cfs, conditional. 3. Description of Proposed Change: A. Statement of Change: Applicant seeks an alternate point of diversion for Redemption Ditch Headgate No. 1. The alternate point of diversion is located on land owned by the Applicant, approximately 1,820 feet downstream of the decreed point of diversion. Applicant owns all of the property in between the decreed point of diversion and the alternate point of diversion and no intervening water rights exist in this stream reach. The decreed types of use and location of use will remain as decreed in Case No. 09CW71. Applicant’s cumulative diversion rate at the original and alternative points of diversion will not exceed 2.0 cfs. This application does not seek approval of a plan for augmentation. Like the originally decreed Redemption Ditch Headgate No. 1, Applicant may desire to augment out-of-priority depletions resulting from the exercise of this water right at the alternate point of diversion by entering into a water supply contract with the Upper Yampa Water Conservancy District (“District”). Applicant acknowledges that it will be permitted to use water from the District to augment out-of-priority depletions caused by the exercise of the water right decreed herein only if such augmentation is consistent with the terms and conditions of the decree entered by the Water Court in Case No. 06CW49 and the Applicant and the District have entered into a water supply contract for such augmentation water. B. Legal Description of Alternate Point of Diversion: The decreed point of diversion for Redemption Headgate No. 1 is set forth in paragraph 2(C) above. The alternate point of diversion for Redemption Headgate No. 1 is as follows: Located 20 feet north of the bridge abutment on the east bank of Soda Creek in the NW1/4 NE1/4of Section 5, Township 6 North, Range 84 West, of the 6th P.M., Routt County, Colorado, at a point approximately 687 feet from the north section line and 2,400 feet from the east section line. 4. Name(s) and address(es) of owners(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion of storage structure is or will be constructed or upon which water is or will be stored: Applicant.
2012CW6. CODY RESOURCES, LP, c/o Mark J. Dunning, Star Route, Box 73 RR, Encampment, Wyoming 82325. (307.210.5549) Robert E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Road, Tucson, Arizona 85739. PROTEST TO REVISED ABANDONMENT LIST (NEWPORT DITCH), in JACKSON COUNTY. 2. Describe the Water Right: A. Name of Structure: Newport Ditch. B. Original Decrees: Case No. Civil Action 2897; Case No. Civil Action 3571; Case No. 90CW113, Water Division 6. C. Location and Legal Description:
Legal Description:Jackson County / NW ¼ of the / NW ¼ / Section
22 / Township
11N / Range
79W / Principal Meridian
6th
Distance from section lines (section lines are typically not property lines)
700 Feet from XXN S and 820 Feet from E XXW
D. Source of water: Pinkham Creek, tributary to the North Platte River. E. Decreed use or uses: Irrigation. F. Appropriation Dates and Decreed Amounts: (1) 05/08/1911 ….. 20.4 cfs; (2) 05/01/1920 ….. 9.7 cfs. G. Amounts listed as having been abandoned:
Structure Name / Source Stream / DecreedAmount / Abandoned
Amount / Remaining
Amount / Adjudication
Date / Appropriation
Date / WDID
Newport Ditch / Pinkham
Creek / 20.4000 / 20.4000 / 0.0000 / 01/06/1913 / 05/08/1911 / 4700793
Newport
Ditch / Pinkham
Creek / 9.7000 / 9.7000 / 0.0000 / 03/06/1923 / 05/01/1920 / 4700793
H. Former District Number and Page Number Where Listed on Abandonment List: (1) Former District Number: 47; (2) Page Number: Page 4 of the WD-6 2010 Abandonment List.
3. Factual and Legal Basis for This Protest: A. It is the owner’s stated intent not to abandon the two priorities listed above. The owner of these rights states that it intends to improve these rights as necessary to put the full amount of the appropriation to use for agricultural uses in the future. SeeExhibit A, attached hereto, which is the Affidavit of Mark J. Dunning, the on-site Ranch Manager for the Owner of Big Creek Ranch (Cody Resources, LP). B. Given the expressed intent not to abandon, but to put such rights to beneficial use for their decreed agricultural purposes in the future, the above cited priorities from the Newport Ditch should be withdrawn for the Division Engineer’s 2010 Abandonment List.
4. Remarks: Protestant requests the right to present evidence in support of this protest demonstrating both past historical use and future plans for the continued use of this water right.
FURTHER, Protestant requests the Court to grant such relief as may be proper in this matter. (2 Pages.)
2012CW7. CODY RESOURCES, LP, c/o Mark J. Dunning, Star Route, Box 73 RR, Encampment, Wyoming 82325. (307.210.5549) Robert E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Road, Tucson, Arizona 85739. PROTEST TO REVISED ABANDONMENT LIST (NEWPORT DITCH), in JACKSON COUNTY. 2. Describe the Water Right: A. Name of Structure: Bern Ditch.
B. Original Decrees: Case No. Civil Action 1519, District Court, Larimer County; Case No. 90CW113, Water Division 6. C. Location and Legal Description:
Legal Description:Jackson County / NW ¼ of the / NE ¼ / Section 4 / Township
10N / Range
79W / Principal Meridian
6th
Distance from section lines (section lines are typically not property lines)
885 Feet from XXNorth and 2186 Feet from XXEast Section Lines
D. Source of water: Government Creek, tributary to the North Platte River. E. Decreed use or uses: Irrigation. F. Appropriation Dates and Decreed Amounts: (1) Appropriation Date: 07/15/1888;
(2) Decreed Amount: 9.60 cfs. G. Amounts listed as having been abandoned:
Structure Name / Source Stream / DecreedAmount / Abandoned
Amount / Remaining
Amount / Adjudication
Date / Appropriation
Date / WDID
Bern Ditch / Govern-
ment Ck / 9.6000 / 7.2000 / 2.4000 / 4/23/1902 / 7/15/1888 / 4700510
H. Former District Number and Page Number Where Listed on Abandonment List: (1) Former District Number: 47; (2) Page Number: Page 2 of the WD-6 2010 Abandonment List.
3. Factual and Legal Basis for This Protest: A. By decree in Case No. 90CW113, Water Division 6, entered on August 8, 1991, the point of diversion of the Bern Ditch was changed from a point in the SW ¼ of Section 36, Township 11 North, Range 79 West of the 6th P.M. to a point in the NE ¼ of Section 4, Township 10 North, Range 79 West of the 6th P.M., in Jackson County. From this changed point of diversion, the Bern Ditch is used to divert water from Government Creek to irrigate approximately 120 acres of land. B. The Bern Ditch was in near continuous use during the irrigation seasons of 2000-2010, as stated in the attached Affidavit of Mark J. Dunning, the on-site Ranch Manager for the Owner of Big Creek Ranch Cody Resources, LP). SeeExhibit A attached hereto. C. Given the recent historical use of the Bern Ditch and given the water rights owner’s express intent to continue to use this structure for its decree purposes, the Bern Ditch should be withdrawn for the Division Engineer’s 2010 Abandonment List. 4. Remarks: Protestant requests the right to present evidence in support of this protest demonstrating both past historical use and future plans for the continued use of this water right.
FURTHER, Protestant requests the Court to grant such relief as may be proper in this matter. (2 Pages.)
12CW8 Routt County APPLICATION:TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS
Applicant: Charles D. and Linda Johnson 21255 RCD 16, PO Box 770905 Steamboat Springs Co 80477 ( 970 736-2867). Case Number: Name of structure: Johnson Saterdale Spring. Water Division 6 Decree dated:11-06-2001 Case No. 01CW13 Legal Description: The point of diversion is located in Routt County in the NE ¼ of the SE ¼ of section 16, T3N, R84W, of the 6th PM, 3063 feet from the north section line and 515 feet from the east section line. Source: Little Morrison Creek tributary to Yampa River. Appropriation Date: August 6, 1999. Amount: .101 cfs Conditionally decreed uses: irrigation, fire protection, piscatorial, & fill and refill of Johnson Pond No.1. Description of claim for making conditional uses absolute: The water has been used to fill and refill Johnson Pond No. 1 where it is available for piscatorial use and for fire protection through a dry hydrant. The water is also used for irrigation through an installed pump and pipeline system. Date water applied to beneficial use: Prior to October 1, 2007 for all uses. Amount: .101 cfs. The acreage irrigated with these structures is .6 acres of land adjacent to the residence located 2010 ft. from the north section line and 1050 feet from the east section line of section 16. All uses of water are located on land owned by the applicant in the SE ¼ of the NE ¼ of section 16. Names and address of owners of land upon which diversion is located: Wayne A. and Heidi L. Flint Box 31035 Lynx Basin Wy ,
Oak Creek Co. 80467-8583
12CW9 Routt County(88CW195, 98CW38, 05CW13) APPLICATION TO MAKE A PORTION OF CONDITIONAL WATER RIGHT ABSOLUTE AND FOR A FINDING OF REASONABLE DILIGENCE AND TO CONTINUE REMAINDER OF CONDITIONAL WATER RIGHT, c/o BETH VAN VURST and PETER C. JOHNSON, Assistant Attorney Generals, Natural Resources Section, Attorney for THE STATE OF COLORADO acting by and through THE COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARK AND WILDLIFE BOARD, 1525 Sherman Street, 7th Floor, Denver, Colorado 80203. Telephone: 303-866-3457, 303-866-5018. 1. Name, Mailing Address and Telephone Number of Applicant: Colorado Division of Parks and Wildlife and the Parks and Wildlife Board (“CPW”), c/o Water Unit, 6060 Broadway, Denver, CO 80216, 303-297-1192.Name of Structure: Yampa River State Wildlife Area Ponds 2. Description of Conditional Water Right: A. Date of Original Decree: August 25, 1992., Case No.: 88CW195, Water Division: 6. B. Subsequent decrees awarding finding of diligence: 98CW38 (decree entered March 23, 1999), 05CW13 (decree entered February 10, 2006). C. Legal description of Yampa River State Wildlife Area Ponds: The Yampa River State Wildlife Area Ponds are located in the: SE ¼ of the SE ¼ of Section 32, Township 7 North, Range 89 West, 6th P.M.; and the NW ¼ of Section 4; and the E ½ of the NE ¼ of Section 5; all in Township 6 North, Range 89 West, 6th P.M., all in Routt County, Colorado and more particularly described in Exhibit A (Table of pond names, locations) and in Exhibit B (Map) attached hereto. D. Point of Diversion: Water is diverted from the Yampa River, conveyed through the Brock and Adair Ditch and then into the Yampa River State Wildlife Area Ponds. The use of the Brock and Adair Ditch to carry water for storage in the Yampa River State Wildlife Area Ponds is limited to 21.5 cfs or the available capacity of the ditch, whichever is less. The point of diversion is the Brock and Adair Ditch headgate, located in the NW ¼, SE ¼, Section 10, T6N, R89W, 6th PM: 4484624 m Northing; 300053 m Easting (NAD83-UTM Zone 13); 1850 feet west of the East section line and 2220 feet north of the South section line. E. Source: Yampa River, F. Appropriation Date: August 14, 1987, G. Amount: 350 acre-feet of which 324.5 acre-feet remains CONDITIONAL, H. Uses: Wildlife Habitat and Recreation, I. Remarks: In Case No. 88CW195, the Yampa River State Wildlife Area Ponds were conditionally decreed in the amount of 350 acre-feet.