DIVISION 5 WATER COURT-JUNE 2011 RESUME

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DIVISION 5 WATER COURT-JUNE 2011 RESUME

  1. 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 JUNE 2011.

11CW100 ROUTT COUNTY. King Mountain Gravel, LLC, c/o Kirk J. Eberl, 7276 W. Mansfield Avenue, Lakewood, CO 80235, (303) 988-6286. Counsel for Applicants, James R. Montgomery, Jennifer M. DiLalla, Moses, Wittemyer, Harrison and Woodruff, P.C. P.O. Box 1440, Boulder, CO 80306-1440, Telephone: (303) 443-8782. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS. 2. Conditional water storage rights: A. Hewes Reservoir Nos. 1, 2, and 3. i. Legal description: (1) Hewes Reservoir No. 1 is located in Section 14, Township 1 North, Range 85 West of the 6th P.M., 2300 feet from the South line and 2100 feet from the East line of said Section 14. A source of water used to fill the reservoir is Hewes and Hewes Spring, which is located at a point whence the Witness Corner for the Southeast Corner of Section 13, Township 1 North, Range 85 West of the 6th P.M. bears South 71°16'57" East 8255.98 feet. A map showing the location of Hewes Reservoir No. 1 is attached as Exhibit A. (2) Hewes Reservoir No. 2 is located in Section 14, Township 1 North, Range 85 West of the 6th P.M., 2250 feet from the South line and 1980 feet from the East line of said Section 14. A source of water used to fill the reservoir is Hewes and Hewes Spring, as described in paragraph 2.A.i.(1). A map showing the location of Hewes Reservoir No. 2 is attached as Exhibit A. (3) Hewes Reservoir No. 3 is located in Section 14, Township 1 North, Range 85 West of the 6th P.M., 2150 feet from the South line and 1800 feet from the East line of said Section 14. A source of water used to fill the reservoir is Hewes and Hewes Spring, as described in paragraph 2.A.i.(1). A map showing the location of Hewes Reservoir No. 3 is attached as Exhibit A. ii. Source: Springs, seepage and runoff waters tributary to Egeria Creek, tributary to Rock Creek, tributary to the Colorado River. Hewes and Hewes Spring, which was decreed an absolute right to a flow rate of 0.5 cfs in Case No. W-2238, is one source used to fill Hewes Reservoir Nos. 1, 2, and 3. iii. Appropriation date: May 21, 2004. iv. How appropriation was initiated: Applicant acquired its gravel pit, conditional water rights in Hewes Reservoir Nos. 1, 2, and 3, absolute water rights in Hewes Reservoir No. 4, Hewes and Hewes Spring, Hewes Spring III, and the Morse Ditch, and other water rights from its predecessor-in-interest and began diligently working toward putting those water rights to use in its gravel pit operations. v. Date water applied to beneficial use: N/A (conditional). vi. Amount: 3.0 acre feet per year (AFY) for each of Hewes Reservoir Nos. 1, 2, and 3, CONDITIONAL, together with the right to fill and refill continuously as water is withdrawn and applied to beneficial use and to replace evaporation and seepage loss. The fill rate claimed from Hewes and Hewes Spring is 0.5 cfs, cumulative with the flow rate decreed in Case No. W-2238, CONDITIONAL. vii. Use: General industrial and commercial uses, including, without limitation, dust suppression, gravel washing, and other uses related to gravel mining operations; stock watering; fire protection; and fish culture and wildlife habitat. viii. Place of use: Lands associated with the mining operations of King Mountain Gravel, LLC, and described as portions of Section 14, Township 1 North, Range 85 West of the 6th P.M., in Routt County, Colorado. A map showing the location of the King Mountain Gravel lands is attached as Exhibit A. ix. Surface area of high water line: 0.5 acres for each of Hewes Reservoir Nos. 1, 2, and 3. (1) Vertical height of dam: 10 feet. (2) Length of dam: 200 feet. x. Total capacity of reservoir: 3.0 acre feet for each of Hewes Reservoir Nos. 1, 2, and 3. (1) Active capacity: 3.0 acre feet. (2) Dead storage: 0 acre feet. xi. Name(s) and address(es) of owner(s) or reputed owner(s) of land upon which water is or will be stored: Applicant is the owner. xii. Remarks: In Case No. 91CW044, Hewes Reservoir Nos. 1, 2, and 3 were decreed conditional water storage rights in the amount of 3.0 AFY for each reservoir, with an appropriation date of April 16, 1985. The decreed uses were stock watering, fire protection, fish culture, and irrigation. The Court entered findings of diligence in Case Nos. 97CW200 and 04CW39. Due to an inadvertent clerical error related to Applicant's acquisition of the Hewes Reservoir Nos. 1, 2, and 3 water rights from its predecessor-in-interest, Applicant did not file for a finding of diligence in 2010, and the Hewes Reservoir Nos. 1, 2, and 3 water rights were cancelled on December 16, 2010. Applicant seeks new conditional water storage rights for Hewes Reservoir Nos. 1, 2, and 3 for stock watering, fire protection, fish culture and wildlife habitat purposes, as well as for industrial and commercial uses on lands acquired by Applicant with the reservoir sites. B. Hewes Reservoir No. 4. i. Legal description: Hewes Reservoir No. 4 is located in Section 14, Township 1 North, Range 85 West of the 6th P.M., 1700 feet from the East line and 1550 feet from the North line of said Section 14. A source of water used to fill the reservoir is Hewes Spring III, which is located in Section 14, Township 1 North, Range 85 West of the 6th P.M., 1500 feet from the North line and 2050 feet from the East line of said Section 14. A map showing the location of Hewes Reservoir No. 4 is attached as Exhibit A. ii. Source: Springs, seepage and runoff waters tributary to Egeria Creek, tributary to Rock Creek, tributary to the Colorado River. Pursuant to the decree in Case No. 97CW200, Hewes Spring III, which has a decreed flow rate of 1.0 cfs and decreed uses of irrigation, livestock watering, fish culture and fire protection, is also used to fill Hewes Reservoir No. 4. iii. Previous decrees: In Case No. 91CW044, Hewes Reservoir No. 4 was decreed an absolute storage right of 3.0 AFY for stock watering, fire protection, and fish culture purposes, with an appropriation date of June 1, 1958, and a conditional storage right for irrigation purposes. In Case No. 97CW200, the irrigation use was made absolute. iv. Appropriation date: May 21, 2004. v. How appropriation was initiated: Applicant acquired its gravel pit, conditional water rights in Hewes Reservoir Nos. 1, 2, and 3, absolute water rights in Hewes Reservoir No. 4, Hewes and Hewes Spring, Hewes Spring III, the Morse Ditch, and other water rights from its predecessor-in-interest and began diligently working towards putting those water rights to use in its gravel pit operations. vi. Date water applied to beneficial use: n/a (conditional). vii. Amount: 3.0 AFY, cumulative with the storage right decreed in Case Nos. 91CW044 and 97CW200, CONDITIONAL, together with the right to fill and refill continuously as water is withdrawn and applied to beneficial use and to replace evaporation and seepage loss. The fill rate claimed from Hewes Spring III is 1.0 cfs, cumulative with the flow rate decreed in Case No. 97CW200, CONDITIONAL. viii. Use: General industrial and commercial uses, including, without limitation, dust suppression, gravel washing, and other uses related to gravel mining operations; and wildlife habitat. ix. Place of use: Lands associated with the mining operations of King Mountain Gravel, LLC, as described in paragraph 2.A.viii. x. Surface area of high water line: 0.5 acres. (1) Vertical height of dam: 10 feet. (2) Length of dam: 200 feet. xi. Total capacity of reservoir: 3.0 acre feet. (1) Active capacity: 3.0 acre feet. (2) Dead storage: 0 acre feet. xii. Name(s) and address(es) of owner(s) or reputed owner(s) of land upon which water is or will be stored: Applicant is the owner. xiii. Remarks: Applicant seeks new and additional uses, with a new priority date, for Hewes Reservoir No. 4. Nothing in this application or the Court's decree shall affect the absolute right decreed to Hewes Reservoir No. 4 in Case Nos. 91CW044 and 97CW200. WHEREFORE, Applicant requests that the Court enter a decree approving the conditional water rights claimed in this application. (7 pgs, 1 ex)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2011 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

Published in the Steamboat Pilot & Today

Publication Date: July 17, 2011

10269299

Published in the Steamboat Pilot & Today Publication Date: July 17, 2011

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