33. PURSUANT TO C.R.S., §37-92-302

80027 | 04/29/2021 | Ad id: 8-0000681311-01

33. 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.
21CW3059 GRAND COUNTY. APPLICATION FOR SURFACE WATER RIGHT AND APPROVAL OF A PLAN FOR AUGMENTATION. 1. Name, Address, Phone Number, and E-Mail Address of Applicant. Jeff & Kirsten Eldridge 197 Baxter Farm Lane Erie, Colorado 80516 Phone: (303) 444-1442 E-mail: Email Me and Email Me Copies of all pleadings to: Richard A. Johnson, David F. Bower, Johnson & Repucci LLP, 850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027 2. Overview. Applicants are the owners of a single-family residence located on the north shore of Grand Lake, southeast of the Town of Grand Lake. By this application, Applicants are claiming a conditional surface water right for a domestic water supply and limited landscape irrigation for the property. Applicants also seek approval of a plan for augmentation and appropriative right of exchange to replace out-of-priority depletions associated with the property. A map of the subject property and diversion structure is attached as Figure 1. 3. Claim for Conditional Surface Water Right. (a) Name of Structure. Eldridge House Diversion. (b) Location. NE1/4 SE1/4 of Section 5, Township 3 North, Range 75 West of the 6th P.M., at a point described as Zone 13, NAD83, Easting 431167.7 m, Northing 4455414.4 m. (c) Source. Grand Lake, tributary to the Colorado River. (d) Appropriation Date. Date of application. (e) Amount. 0.033 cfs (15 gpm), conditional. (f) Uses. Domestic, irrigation, and fire protection. Irrigation will be for landscaping anywhere on the subject property. (g) Remarks. The Eldridge House Diversion is an existing structure that has historically withdrawn water from Grand Lake. 4. Request for Approval of Plan for Augmentation. (a) Name of Structures to be Augmented. Eldridge House Diversion, as claimed in paragraph 3 above. (b) Water Rights to be Used for Augmentation. (i) Middle Park Contract Water, which will be provided by the Middle Park Water Conservancy District ("Middle Park") from supplies that Middle Park owns or controls in (1) Granby Reservoir pursuant to its Windy Gap allotment contract, (2) Wolford Mountain Reservoir, (3) the Sunset Ridge Pond, (4) and/or alternative storage structures. Applicants' application for a Middle Park contract is in the process of being submitted. (ii) Additional or Alternative Sources. Pursuant to C.R.S. § 37-92-305(8), Applicants reserve the right to use additional or alternative sources of water for replacement on a temporary or permanent basis, subject to approval by the Water Court and/or the State Engineer's Office. (c) Detailed Description of Plan for Augmentation. Applicants will replace all out-of-priority depletions from the Eldridge House Diversion with Middle Park Contract Water. Applicants will be using water for indoor household use, sprinkler irrigation of lawn, landscaping, and trees, and an outdoor hot tub. Applicants' total water demand is estimated to be approximately 0.5 acre-feet/year and the total depletion is estimated to be 0.1 acre-feet/year. A detailed description of Applicants' demands and depletions are set forth below. For the purpose of evaluating the amount of replacement water needed to operate the plan for augmentation, 100% of the depletions are assumed to be out-of-priority. (i) Projected Demands. The total indoor/household domestic and hot tub demand for the property is estimated to be up to 0.4 acre-feet/year. The irrigation demand from lawn, landscaping, and trees is estimated to be up to 0.1 acre-feet/year. (ii) Projected Depletions. Depletions from the Eldridge House Diversion will result in lagged depletions to Grand Lake. Wastewater from the domestic use will be treated via a central sewage treatment facility operated by Three Lakes Water and Sanitation District. Accordingly, indoor/household domestic use is expected to be 5% consumptive and the hot tub use is assumed to be 100% consumptive, which results in a depletion of up to ~0.02 acre-feet/year. Landscape irrigation from lawn, landscaping, and trees is all assumed to be 80% consumptive, resulting in an anticipated depletion of up to ~0.08 acre-feet/year. (d) Exchange Reach. Because the Middle Park Contract Water supplies are downstream of the Eldridge House Diversion, the proposed plan for augmentation may at times operate by substitution and/or exchange. Therefore, to the extent necessary in order to properly operate this plan for augmentation, Applicants claim an appropriative right of exchange and/or exchange project right from the furthest downstream point where replacement water may be released into the Colorado River up to the Eldridge House Diversion on Grand Lake. The components of this exchange right are as follows: (i) Downstream Terminus. The confluence of Muddy Creek and the Colorado River, which is located in the NW1/4 of the NE1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. (Zone 13, NAD 83, Easting 380748.2 m, Northing 4433448.3 m). (ii) Upstream Terminus. The Eldridge House Diversion, as described above in paragraph 3(b) above. (iii) Exchange Rate. 0.033 cfs (15 gpm), up to 0.1 acre-feet/year. (iv) Date of Appropriation. Date of application. (v) Uses. Water will be exchanged to augment and replace out-of-priority depletions from the domestic, landscape irrigation, and fire protection uses of the Eldridge House Diversion. (vi) Remarks. Applicants will only operate the requested exchange at such times when deliveries of the replacement water at the downstream exchange terminus will satisfy the downstream calling water right. 5. Name and Address of Landowner Upon which any New or Modified Diversion or Storage Structure is Located, Including Any Modification to the Storage Pool. According to the real estate records of Grand County, the Eldridge House Diversion is located on or overlying land owned by the United States of America, Shadow Mountain National Recreation Area, Washington, D.C. 20013. (6 pages)
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.