18. PURSUANT TO C.R.S., §37-92-302,

80302 | 04/29/2021 | Ad id: 8-0000681281-01

18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MARCH 2021. The water right claimed by this application 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 within the time provided by statute or be forever barred.
21CW3043 (14CW3123, 07CW027). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF CAROL COLLINS IN THE COLORADO RIVER AND ITS TRIBUTARIES IN EAGLE COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. 1. Name and address of Applicant: Carol Collins, Drawer 2820, Beaver Creek, CO 81620. Direct all pleadings to: Glenn E. Porzak, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Name of Structure: Red Creek Ditch No. 2. 3. Description of Conditional Water Right. (a) Original Decree: The Red Creek Ditch No. 2 was originally decreed by the District Court in and for Water Division No. 5, State of Colorado (the "Water Court") on October 3, 2008, in Case No. 07CW027. (b) Legal description of the point of diversion: Red Creek Ditch No. 2 is located in Section 32, Township 6 South, Range 84 West of the 6th P.M., at a point 950 feet from the south section line and 1300 feet from the east section line of said Section 32. A map showing the approximate location of the point of diversion is attached hereto as Exhibit A. (c) Source: Red Creek, tributary to Gypsum Creek, tributary to the Eagle River, tributary to the Colorado River. (d) Date of Appropriation: February 26, 2007. (e) Amount: 2.0 cubic feet per second conditional. (f) Use: Irrigation of 20 acres in the E1/2 SE1/4 of said Section 32, livestock and wildlife watering, and fire protection. A map of the general area to be irrigated by the water rights is shown on the attached Exhibit A. 4. Detailed outline of work done to complete the project and apply water to beneficial use: During this diligence period, the Applicant has undertaken the following specific activities that demonstrate diligence with regard to the subject conditional rights: (a) The Applicant has executed annual grazing leases with Bowdrie Maurello to use the property for livestock grazing. (b) The Applicant installed a weir at the headgate to measure the amount of water diverted for its beneficial uses. (c) The Applicant has placed 1.5 cfs of the water to use for all decreed purposes as described below. 5. Claim to make conditional rights absolute: 1.5 cfs of the 2.0 cfs of the Red Creek Ditch No. 2 water right was diverted from June 8, 2015 until August 9, 2015, and was used to irrigate the 20 acres described above. Water was also taken in 2016, 2017, and 2019. The diversion records are attached as Exhibit B. The water used to irrigate these lands was also consumed by livestock that graze the land and wildlife in the area. 6. Names and Addresses of Owners of Land upon which Structures are Located, or upon which Water is or will be Placed to Beneficial Use: Applicant. WHEREFORE, Applicant requests that the Court enter a finding that (1) 1.5 cfs of water right decreed to Red Creek Ditch No. 2 has been made absolute for the irrigation of 20 acres in the E1/2 SE1/4 of said Section 32, livestock and wildlife watering, and fire protection purposes; (2) enter an order finding that the Applicant has exercised reasonable diligence in the development of any portion of the Red Creek Ditch No. 2 not made absolute herein; (3) and granting such other relief as the Court may see fit. (Original Application: 7 pages total including exhibits)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MAY 2021 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant's attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.