10CW68 ROUTT COUNTY AMENDED APPLICATION FOR CHANGES OF WATER RIGHTS

Advertisement

11571-1

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 resume(s) are Application(s) and/or Amended Application(s) filed in the office of Water Division 6, during the month of DECEMBER 2010.

10CW68 ROUTT COUNTY AMENDED APPLICATION FOR CHANGES OF WATER RIGHTS (SURFACE). 1. Name, address and telephone number of Applicants: Needmore Ranch II, Ltd, a Texas limited partnership, c/o Greg LaMantia, L&F Distributors, Ltd., 3800 N. McColl Road, McAllen, TX 78501, Tel. 956-687-6206, AND Chico Needmore Ranch, LLC, a Texas limited liability company, c/o Greg LaMantia, L&F Distributors, Ltd., 3800 N. McColl Road, McAllen, TX 78501, Tel. 956-687-6206, with a copy to Thomas R. Sharp, Esq., Sharp, Steinke, Sherman & Engle, LLC, P.O. Box 774608, Steamboat Springs, CO 80477, Tel. 970-879-7600.

  1. Name of Each Structure for Which Changes are Sought: Ditch Creek Reservoir No. 1, Ditch Creek Reservoir No. 2, Corral Creek Reservoir, LaMantia Reservoir No. 1, LaMantia Reservoir No. 2, Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, Sandelin Reservoir No. 3, Nicholson Ditch, Enlargement of Nicholson Ditch, First Chance Ditch, Original Decree Priority 160-a, and Supplemental Enlargement Decree Priority 375, Enlargement of First Chance Ditch, and Sandelin Storage and Power Ditch, Original Decree and Enlargement.

  2. The Co-Applicant, Needmore Ranch II, Ltd, is the owner of the "Original Ranch" more particularly described in the Deed recorded at Reception No. 486452, Routt County records, and located in Sections 12 through 14, 22 through 27, and 34 through 36, T8N, R85W of the 6th P.M., and in Sections 2 and 3, T7N, R85W of the 6th P.M., and in Sections 7 & 18, T8N, R84W of the 6th P.M. The Co-Applicant Chico Needmore Ranch, LLC, is an affiliated entity and is the owner of the ranch formerly known as the "Sandelin Ranch," more particularly described in the Deed recorded at Reception No. 696338, Routt County records, and located in Section 12, T8N, R85W of the 6th P.M., and in Sections 3 & 10, T7N, R85W of the 6th P.M., and in Sections 6 & 7, T8N, R84W of the 6th P.M. The Original Ranch and the Sandelin Ranch are collectively known and described in the Application as the "Big Creek Ranch." An outline of the Big Creek Ranch on a USGS map is attached to the application as Exhibit "C."

Description of Each Water Right for Which Changes are Sought: 4. Description of Ditch Creek Reservoir No. 1: A. Decreed in Case No. 00CW80. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: September 12, 2001, corrected by Order to Correct Decree dated November 26, 2001. D. Location of Dam: Ditch Creek Reservoir No. 1 is an on-stream reservoir on Ditch Creek. The dam is located in the SW¼NW¼ of Section 25, Township 8N, Range 85W of the 6th P.M. at a point 2,550 ft. south of the north section line and 800 ft. east of the west section line. E. Sources of Water: Ditch Creek and North Fork of Mad Creek (delivered via Enlargement of the Nicholson Ditch), tributaries to Elk River. The Enlargement of the Nicholson Ditch headgate is located in the SW¼SE¼ of Section 16, Township 8N, Range 84W of the 6th P.M. at a point 50 feet from the south section line and 1850 feet from the east section line. F. Decreed Appropriation Date: September 24, 1953, for non-irrigation purposes, and July 1, 2000 for irrigation. G. Amount of Water Awarded: 4.0 acre feet (absolute). Rate of diversion in cfs for filling the reservoir: 5.0 cfs diverted from the North Fork of Mad Creek via the Enlargement of the Nicholson Ditch. H. Historic and Decreed Uses: Decreed absolute and used for irrigation, recreational, piscatorial, fish and wildlife habitat (within the confines of the reservoir), fire protection and stock watering. 5. Description of Ditch Creek Reservoir No. 2: A. Decreed in Case No. 00CW80. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: September 12, 2001, corrected by Order to Correct Decree dated November 26, 2001. D. Location of Dam: Ditch Creek Reservoir No. 2 is an on-stream reservoir on Ditch Creek. The dam is located in the NE¼SE¼ of Section 26, Township 8N, Range 85W of the 6th P.M., at a point 2,050 ft. north of the south section line and 300 ft. west of the east section line. E. Sources of Water: Ditch Creek and North Fork of Mad Creek (delivered via Enlargement of the Nicholson Ditch), tributaries to Elk River. F. Decreed Appropriation Date: September 24, 1953, for non-irrigation purposes, and July 1, 2000 for irrigation. G. Amount of Water Awarded: 11.0 acre feet (absolute). H. Historic and Decreed Uses: The 11.0 acre feet in Ditch Creek Reservoir No. 2 was decreed absolute for recreational, piscatorial, fish and wildlife habitat, fire protection and stock watering, for which it has been historically used, but was decreed conditional for irrigation. 6. Description of Corral Creek Reservoir: A. Decreed in Case No. 00CW80. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: September 12, 2001, corrected by Order to Correct Decree dated November 26, 2001. D. Location of Dam: Corral Creek Reservoir is an on-stream reservoir located on Corral Creek in the SW¼SW¼ of Section 13, Township 8N, Range 85W of the 6th P.M., at a point 1,250 feet north of the south section line and 725 feet east of the west section line. E. Source of Water: Corral Creek, tributary to Elk River. F. Decreed Appropriation Date: July 8, 2000. G. Amount of Water Awarded: 24.0 acre feet (conditional). H. Decreed Uses: Irrigation, recreational, piscatorial, fish and wildlife habitat (within the confines of the reservoir), domestic, fire protection and stock watering. 7. Description of LaMantia Reservoir No. 1: A. Decreed in Case No. 00CW80. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: September 12, 2001, corrected by Order to Correct Decree dated November 26, 2001. D. Location of Dam: LaMantia Reservoir No. 1 is an on-stream reservoir on an unnamed tributary of Big Creek. The dam is located in the SE¼SE¼ of Section 12, Township 8N, Range 85W of the 6th P.M., at a point 900 ft. north of the south section line and 1,150 ft. west of the east section line. E. Sources of Water: LaMantia Reservoir No. 1 is filled from the natural streamflow of the unnamed tributary to Big Creek, and the diverted water from Big Creek, tributary to the Elk River. Streamflow from Big Creek is delivered into the unnamed tributary via the Enlargement of the First Chance Ditch. The Enlargement of the First Chance Ditch headgate location: NW¼SW¼ of Section 7, Township 8N, Range 84W of the 6th P.M. at a point 1050 feet from the west section line and 2400 feet from the north section line. F. Decreed Appropriation Date: July 8, 2000. G. Amount of Water Awarded: 7.0 acre feet (conditional). H. Decreed Uses: Irrigation, recreational, piscatorial, fish and wildlife habitat (within the confines of the reservoir), domestic, fire protection and stock watering. 8. Description of LaMantia Reservoir No. 2: A. Decreed in Case No. 00CW80. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: September 12, 2001, corrected by Order to Correct Decree dated November 26, 2001. D. Location of Dam: LaMantia Reservoir No. 2 is an on-stream reservoir on an unnamed tributary of Big Creek. The dam is located in SE¼SE¼ of Section 12, Township 8N, Range 85W of the 6th P.M., at a point 900 ft. north of the south section line and 500 ft. west of the east section line. E. Sources of Water: LaMantia Reservoir No. 2 is filled from the natural streamflow of the unnamed tributary of Big Creek, and diverted water from Big Creek, tributary to the Elk River. Streamflow from Big Creek is delivered into the unnamed tributary via the Enlargement of the First Chance Ditch. F. Decreed Appropriation Date: July 8, 2000. G. Amount of Water Awarded: 19.5 acre feet (conditional). H. Decreed Uses: Irrigation, recreational, piscatorial, fish and wildlife habitat (within the confines of the reservoir), domestic, fire protection and stock watering. 9. Description of Sandelin Reservoir No. 1: A. Decreed in Case No. Priority 37, Case No. CA-3538. B. Court: Routt County District Court. C. Date of Decree: April 1, 1963. D. Location of High Water Line at Outlet End of Reservoir: In the SE1/4SE1/4 of Section 3, T7N, R85W of the 6th P.M., at a point whence the SE corner of Section 3, T7N, R85W of the 6th P.M. bears South 4 degrees 27 Minutes East 832 feet. E. Source of Water: Big Creek, tributary to the Elk River. F. Decreed Appropriation Date: June 1, 1958. G. Amount of Water Awarded: 2.5 acre feet (absolute). Rate of diversion in cfs for free flow to keep the reservoir fresh for theh propagation of fish: 1.0 cfs (absolute). H. Historic and Decreed Uses: Decreed for 2.5 AF for propagation of fish and storage of water, and 1.0 cfs free flow to keep the reservoir fresh for the propagation of fish. Historic use has included recreational, fish propagation, replacement for evaporation losses, stock watering, and irrigation of approximately 2.5 acres in the SE1/4SE1/4 of Section 3, T7N, R85W of the 6th P.M., and situated east of Big Creek. 10. Description of Sandelin Reservoir No. 2: A. Decreed in Case No. Priority No. 28, Case No. CA-3538. B. Court: Routt County District Court. C. Date of Decree: April 1, 1963. D. Location of Dam: In the N1/2NE1/4 of Section 10, T7N, R85W of the 6th P.M., at a point whence the NE corner of Section 10, T7N, R85W of the 6th P.M. bears North 69 degrees 27 Minutes East 549 feet. E. Source of Water: Big Creek. F. Decreed Appropriation Date: June 1, 1952. G. Amount of Water Awarded: 7.0 acre feet (absolute). Rate of diversion in cfs for free flow to keep the reservoir fresh for the propagation of fish: 3.0 cfs (absolute). H. Historic and Decreed Uses: Decreed for 7.0 AF for the propagation of fish and storage of water, and 3.0 cfs free flow to keep the reservoir fresh for the propagation of fish. Historic use has included recreational, fish propagation, replacement for evaporation losses, and stock watering. 11. Description of Sandelin Reservoir No. 3: A. Decreed in Case No. Priority No. 57, Case No. CA-3538. B. Court: Routt County District Court. C. Date of Decree: April 1, 1963. D. Location of High Water Line at Outlet End of Reservoir: In the N1/2NE1/4 of Section 10, T7N, R85W of the 6th P.M., at a point whence the NE corner of Section 10, T7N, R85W of the 6th P.M. bears North 61 degrees 41 Minutes East 572 feet. E. Source of Water: Big Creek, tributary of the Elk River. F. Decreed Appropriation Date: March 25, 1963. G. Amount of Water Awarded: 6.8 acre feet (absolute). Rate of diversion in cfs for free flow to keep the reservoir fresh for the propagation of fish: 3.0 cfs (absolute). H. Historic and Decreed Uses: Decreed absolute for 6.8 AF for propagation of fish and storage of water, and 3.0 cfs free flow to keep the reservoir fresh for the propagation of fish. Historic use has included recreational, fish propagation, replacement for evaporation losses, and stock watering. 12. Description of Nicholson Ditch: A. Original decree in Case No. CA-1213, dated July 3, 1919, for 5.0 cfs, given Priority No. 175-6a. B. Court: Routt County District Court. C. Date of Decree: July 3, 1919. D. Location of Point of Diversion: The Nicholson Ditch headgate is located in the SW¼SE¼ of Section 16, Township 8N, Range 84W of the 6th P.M. at a point 50 feet from the south section line and 1850 feet from the east section line. E. Source of Water: North Fork of Mad Creek, a tributary of the Elk River. F. Appropriation Date: August 1, 1905. G. Amount of Water Awarded: 5.0 cfs, being 2.91 cfs absolute and 2.09 cfs conditional. The 2.91 cfs conditional was later made absolute in Water Case No. 81CW231. H. Historic and Decreed Uses: The 5.0 cfs absolute is decreed in 3 parts: 2.91 cfs out of the said 5.0 cfs is decreed for irrigation; the remaining 2.09 cfs out of the said 5.0 cfs is also decreed for irrigation; and all of said 5.0 cfs is also decreed for hydro power use pursuant to separate Water Case No. 81CW231, and Water Case No. 82CW66, Water Division No. 6. The historic uses have been for irrigation and hydro power. 13. Description of Enlargement of Nicholson Ditch: A. Decreed in Case No. 00CW80. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: September 12, 2001, corrected by Order to Correct Decree dated November 26, 2001. D. Location of Point of Diversion: The Enlargement of the Nicholson Ditch headgate is located in the SW¼SE¼ of Section 16, Township 8N, Range 84W of the 6th P.M. at a point 50 feet from the south section line and 1850 feet from the east section line. E. Source of Water: North Fork of Mad Creek, a tributary of the Elk River. F. Decreed Appropriation Date: September 24, 1953. G. Amount of Water Awarded: 5.0 cfs (absolute). H. Historic and Decreed Uses: Decreed and historically used to fill, refill and continuously provide water to flow into and through Ditch Creek Reservoir No. 1 and Ditch Creek Reservoir No. 2 for the uses of irrigation, recreational, piscatorial, fish and wildlife habitat (within the confines of the reservoirs), fire protection and stock watering. 14. Description of First Chance Ditch, Original Decree and Supplemental Enlargement: A. Original decree in General Adjudication of September 21, 1903, for 5.0 cfs, given Priority No. 160-a. Supplemental Enlargement decree in Case No. CA-2613, for 0.50 cfs, given Priority No. 375. B. Court: Routt County District Court. C. Date of Decree: Original Decree date is September 21, 1903. Supplemental Enlargement Decree date is March 9, 1953. D. Location of Point of Diversion for both Original Decree and Supplemental Enlargement Decree: At a point on the right bank of Big Creek, from which point the SE corner of Section 12, T8N, R85W of the 6th P.M. bears South 42 degrees 6 minutes West 25.38 feet. E. Source of Water: Big Creek, tributary to Elk River. F. Decreed Appropriation Date for Original Decree for Priority No. 160-a: September 1, 1901. Decreed Appropriation Date for Supplemental Enlargement Decree for Priority 375: June 1, 1930. G. Amount of Water Awarded: For Priority No. 160-a, 5.0 cfs (absolute). For Priority 375, 0.50 cfs (absolute). H. Amount of Water owned by Co-Applicant Needmore Ranch II, Ltd, for which change of water right is sought in the Application: 33/100ths cfs out of the 5.0 cfs decreed under Priority 160-a, plus all of the 0.50 cfs decreed under Priority 375. I. Decreed and Historic Uses: For Priority No. 160-a, decreed and used for irrigation and domestic. For Priority 375, decreed and used for irrigation. 15. Description of the Enlargement of the First Chance Ditch: A. Decreed in Case No. 00CW80. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: September 12, 2001, corrected by Order to Correct Decree dated November 26, 2001. D. Location of Point of Diversion: The Enlargement of the First Chance Ditch Headgate is located in the NW¼SW¼ of Section 7, Township 8N, Range 84W of the 6th P.M. at a point 1050 feet from the west section line and 2400 feet from the north section line (as corrected per Decree in Water Case No. 07CW54, Water Division 6, entered August 17, 2009). E. Source of Water: Big Creek, a tributary of Elk River. F. Decreed Appropriation Date: July 8, 2000. G. Amount of Water Awarded: 5.0 cfs (conditional). H. Decreed Uses: Fill, refill and continuously provide water to flow into and through LaMantia Reservoir No. 1 and LaMantia Reservoir No. 2 for the uses of irrigation, recreational, piscatorial, fish and wildlife habitat (within the confines of the reservoirs), domestic, fire protection and stock watering. 16. Description of Sandelin Storage & Power Ditch, Original Decree and Enlargement: A. Original decree in Case No CA-3538, for 0.50 cfs, given Priority No. 17. Enlargement decree in Water Case No. 80CW245, Water Division No. 6, for 6.0 cfs. B. Court: Routt County District Court (Original Decree) and Routt County District Court, Water Division No. 6 (Enlargement). C. Date of Decree: Original Decree date is March 30, 1964. Enlargement Decree date is December 30, 1980. D. Location of Point of Diversion for Original Decree and Enlargement Decree: (i) Original Decree: (i) At a point on the west bank of Big Creek whence the SE corner of Section 3, T7N, R85W of the 6th P.M. bears South 8 degrees 38 minutes East 1327 feet, and together with an alternate point of diversion decreed in Case No. W-1051-76 and described as follows: (ii) At a point whence the E1/4 corner of Section 3, T7N, R85W of the 6th P.M., bears South 81 degrees 36 minutes West 1581 feet. (ii) Enlargement Decree (Per decree in Case No. 80CW245): (i) At the original point of diversion on the west bank of Big Creek, from which point the SE corner of Section 3, T7N, R85W of the 6th P.M. bears South 8 degrees 38 minutes East 1327 feet, and together with an alternate point of diversion decreed in Case No. 80CW245 and described as follows: (ii) At a point whence the E1/4 corner of Section 3, T7N, R85W of the 6th P.M., bears South 81 degrees 36 minutes West 1581 feet. F. Decreed Appropriation Date for Original Decree: June 1, 1941. Decreed Appropriation Date for Enlargement, in Case No. 80CW245: June 1, 1941. G. Amount of Water Awarded: For Original Decree, 0.50 cfs (absolute). For Enlargement Decree, in Case No. 80CW245, 6.0 cfs (absolute). H. Historic and Decreed Uses: Decreed for 0.50 cfs in the Original Decree, for irrigation and domestic. For 6.0 cfs decreed in the Enlargement, in Case No. 80CW245, the decreed uses are power, domestic, stock water, and irrigation. The historic uses include for stock water and to fill, refill and continuously provide water to flow into and through Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, and Sandelin Reservoir No. 3 for the historic absolute uses to which such 3 Reservoirs were respectively decreed, for replacement of evaporation losses from such 3 reservoirs, for recreation and stock water, and for irrigation of approximately 2.5 acres in the SE1/4SE1/4 of Section 3, T7N, R85W of the 6th P.M., and situated east of Big Creek.

PROPOSED CHANGES OF WATER RIGHTS:

17.A. For Ditch Creek Reservoir No. 1, Ditch Creek Reservoir No. 2, Corral Creek Reservoir, LaMantia Reservoir No. 1, LaMantia Reservoir No. 2, Nicholson Ditch, Enlargement of Nicholson Ditch, First Chance Ditch Original Decree Priority 160-a and Supplemental Enlargement Decree Priority 375, and Enlargement of First Chance Ditch, change the decreed uses to add and include, as beneficial uses, appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, conditional and with a priority date of December 29, 2010. 17.B. For Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, and Sandelin Reservoir No. 3, change the decreed uses to add and include, as beneficial uses, appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, absolute and with a priority date of June 1, 1958, for Sandelin Reservoir No. 1, a priority date of June 1, 1952, for Sandelin Reservoir No. 2, and a priority date of March 25, 1963 for Sandelin Reservoir No. 3. 17.C. For Sandelin Storage and Power Ditch, Original Decree and Enlargement, as described in Paragraph 16 above, change the decreed uses for all 0.50 cfs of the Original Decree plus 2.50 cfs of the Enlargement Decree to also add and include to fill, refill and continuously provide water to flow into Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, and Sandelin Reservoir No. 3 for use for appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, all absolute and with a priority date of June 1, 1958, for water delivered to Sandelin Reservoir No. 1, a priority date of June 1, 1952, for water delivered to Sandelin Reservoir No. 2, and a priority date of March 25, 1963 for water delivered to Sandelin Reservoir No. 3. 17.D. For Sandelin Storage and Power Ditch, Original Decree and Enlargement, as described in Paragraph 16 above, change the decreed uses to also add and include (i) for stock water, absolute and with a priority date of June 1, 1941, and (ii) to fill, refill and continuously provide water to flow into and through Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, and Sandelin Reservoir No. 3 for replacement of evaporation losses from such 3 reservoirs, all absolute and with a priority date of June 1, 1958, for water delivered to Sandelin Reservoir No. 1, a priority date of June 1, 1952, for water delivered to Sandelin Reservoir No. 2, and a priority date of March 25, 1963 for water delivered to Sandelin Reservoir No. 3, and (iii) for irrigation of approximately 2.5 acres in the SE1/4SE1/4 of Section 3, T7N, R85W of the 6th P.M., and situated east of Big Creek, all absolute and with a priority date of June 1, 1958. 17.E. For Sandelin Reservoir No. 1, change the decreed uses to also add and include irrigation of approximately 2.5 acres in the SE1/4SE1/4 of Section 3, T7N, R85W of the 6th P.M., and situated east of Big Creek, absolute and with a priority date of June 1, 1958. 17.F. For Ditch Creek Reservoir No. 2, change the decreed uses to also add and include domestic use, conditional, with a priority date for such conditional use of September 25, 2007. 17.G. For the Enlargement of the Nicholson Ditch, change the decreed uses to also add and include to fill, refill and continuously provide water to flow into Ditch Creek Reservoir No. 2 for domestic uses, conditional and with a priority date for such conditional use of September 25, 2007. 17.H. For the Enlargement of the Nicholson Ditch, change the decreed uses to also add and include to fill, refill and continuously provide water to flow into and/or through Ditch Creek Reservoir No. 1 and Ditch Creek Reservoir No. 2 for replacement of evaporation losses, absolute and with a priority date of September 24, 1953. 17.I. For the Enlargement of the First Chance Ditch, change the decreed uses to also add and include to fill, refill and continuously provide water to flow into and through LaMantia Reservoir No. 1 and LaMantia Reservoir No. 2 for replacement of evaporation losses, conditional and with a priority date of July 8, 2000. 17.J. For Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, and Sandelin Reservoir No. 3, change the decreed uses to also add and include for recreational, replacement of evaporation losses, and stock watering, absolute and with a priority date of June 1, 1958, for Sandelin Reservoir No. 1, a priority date of June 1, 1952, for Sandelin Reservoir No. 2, and a priority date of March 25, 1963 for Sandelin Reservoir No. 3. 17.K. To confirm that the uses described in Paragraphs 17.B, 17.C, 17.D, 17.E, 17.H, and 17.J above were present uses and practices in existence on the respective dates of appropriation by the Colorado Water Conservation Board ("CWCB") of its instream flow decree on the Elk River, in Case No. 77CW1331, priority date of 9-23-1977, and the CWCB instream flow decree on Big Creek, in Case No. 77CW1334, priority date of 9-23-1977, and that therefore such uses are senior and superior to both of such instream flow decrees, pursuant to CRS Section 37-92-102(3)(b).

  1. A. The name and address of the owner of land on which Ditch Creek Reservoir No. 1, Ditch Creek Reservoir No. 2, Corral Creek Reservoir, LaMantia Reservoir No. 1, LaMantia Reservoir No. 2, First Chance Ditch Original Decree Priority 160-a, and Supplemental Enlargement Decree Priority 375, and the Enlargement of First Chance Ditch, are located are as follows: Needmore Ranch II, Ltd, a Texas limited partnership, c/o Greg LaMantia, L&F Distributors, Ltd., 3800 N. McColl Road, McAllen, TX 78501. B. The name and address of the owner of land on which Nicholson Ditch and the Enlargement of Nicholson Ditch are located is as follows: United States Forest Service, Rocky Mountain Region, 740 Simms Street, Golden, CO 80401 Tel: (303) 275-5350. 19. The name and address of the owner of land on which Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, Sandelin Reservoir No. 3, and Sandelin Storage and Power Ditch are located are as follows: Chico Needmore Ranch, LLC, a Texas limited liability company, c/o Greg LaMantia, L&F Distributors, Ltd., 3800 N. McColl Road, McAllen, TX 78501.

  2. Limitation on location of Depletions under Existing and Future Junior Priorities for which Augmentation Water From Certain Described Structures may be applied: The depletions from water diverted and placed to use under junior priorities, which depletions may in the future be augmented by direct augmentation or by exchange from the following described Water Rights structures described in the Application, will be limited to depletions occurring within the Big Creek Ranch: Ditch Creek Reservoir No. 1, Ditch Creek Reservoir No. 2, Corral Creek Reservoir, LaMantia Reservoir No. 1, LaMantia Reservoir No. 2, Nicholson Ditch, Enlargement of Nicholson Ditch, First Chance Ditch Original Decree Priority 160-a, and Supplemental Enlargement Decree Priority 375, and Enlargement of First Chance Ditch. 21. Limitation on location of Depletions under Existing and Future Junior Priorities for which Augmentation Water From Other Described Structures may be applied: The depletions from water diverted and placed to use under junior priorities, which depletions may in the future be augmented by direct augmentation or by exchange from the following described Water Rights structures described in the Application, will be limited to depletions occurring within the Big Creek Ranch and/or anywhere else within the basin of the Elk River and its tributaries: Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, Sandelin Reservoir No. 3, and Sandelin Storage and Power Ditch. 22. Maps showing the approximate location of all of the Reservoirs listed in Paragraph 2 above are collectively attached as Exhibit "D" to the Application.

WHEREFORE, Applicant prays that the Court enter its Decree as follows: 1. Changing the decreed uses of each of the water rights listed under Paragraph 2 above to add and include, as beneficial uses, appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, as described in Paragraphs 17.A, 17.B, and 17.C above; and 2. Changing the decreed uses for Sandelin Storage and Power Ditch, Original Decree and Enlargement, to also add and include for stock water and to fill, refill and continuously provide water to flow into and through Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, and Sandelin Reservoir No. 3 for replacement of evaporation losses, and for irrigation of approximately 2.5 acres in the SE1/4SE1/4 of Section 3, T7N, R84W of the 6th P.M., and situated east of Big Creek, as described in Paragraph 17.D above; and 3. Changing the decreed uses for Sandelin Reservoir No. 1, to also add and include irrigation of approximately 2.5 acres in the SE1/4SE1/4 of Section 3, T7N, R84W of the 6th P.M., and situated east of Big Creek, as described in Paragraph 17.E above; and 4. Changing the decreed uses for Ditch Creek Reservoir No. 2, to also add and include domestic use, as described in Paragraph 17.F above; and 5. Changing the decreed uses for the Enlargement of the Nicholson Ditch to also add and include to fill, refill and continuously provide water to flow into and through Ditch Creek Reservoir No. 1 and Ditch Creek Reservoir No. 2 for replacement of evaporation losses, as described in Paragraph 17.H above, and also changing the decreed uses for the Enlargement of the Nicholson Ditch to also add and include to fill, refill and continuously provide water to flow into Ditch Creek Reservoir No. 2 for domestic uses, as described in Paragraph 17.G above; and 6. Changing the decreed uses for the Enlargement of the First Chance Ditch to also add and include to fill, refill and continuously provide water to flow into and through LaMantia Reservoir No. 1 and LaMantia Reservoir No. 2 for replacement of evaporation losses, conditional and with a priority date of July 8, 2000, as described in Paragraph 17.I above; and 7. Changing the decreed uses for Sandelin Reservoir No. 1, Sandelin Reservoir No. 2, and Sandelin Reservoir No. 3, to also add and include for recreational, replacement of evaporation losses, and stock watering, as described in Paragraph 17.J above; and 8. Confirming that the uses described in Paragraphs 17.B, 17.C, 17.D, 17.E, 17.H, and 17.J above were present uses and practices in existence on the respective dates of appropriation by the CWCB of its instream flow decree on the Elk River and the CWCB instream flow decree on Big Creek, and that therefore such uses are senior and superior to both of such instream flow decrees, pursuant to CRS Section 37-92-102(3)(b); and 9. For such other and further relief as may be determined by the Court. Respectfully submitted December 30, 2010. Thomas R. Sharp, SHARP, STEINKE, SHERMAN & ENGLE, LLC, Attorneys for Applicant.

You are hereby notified that you will have until the last day of FEBRUARY, 2011 to file with the Water Court 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 Statement of Opposition must be served on the Applicant or the Applicant's Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, P.O. Box 773117, Steamboat Springs, CO 80477.

ROUTT COUNTY COMBINED COURT

WATER DIVISION 6

/s/ M. Rene Mattone

By: M. Rene Mattone

Court Judicial Assistant

Published in The Steamboat Pilot & Today

Publication Date: January 23, 2011

1025091

Published in The Steamboat Pilot & Today Publication Date: January 23, 2011

Comments

Use the comment form below to begin a discussion about this content.

Requires free registration

Posting comments requires a free account and verification.