- 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 MAY 2011.
11CW34 (02CW120, 93CW207 and 88CW416) ROUTT COUNTY - Application for Findings of Reasonable Diligence, in the Matter of the Application for Water Rights of Flattops Land and Cattle Company in Routt County. 1. Applicant's Name, Mailing Address and Telephone Number, Flattops Land and Cattle Company, c/o Kirk Shiner, DVM, 7900 Routt County Road 3, Toponas, CO 80479. Telephone: 970-545-3390. Please direct all pleadings and correspondence to: Steven O. Sims and John A. Helfrich, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, Colorado 80202. Telephone: (303) 223-1100. E-mail: email@example.com and firstname.lastname@example.org. 2. Name of Structure: (a) Smith Creek Reservoir (i) Location: NW¼ of Section 17, Township 1 North, Range 85 West of 6th P.M., at a point 1,600 feet East of the West Section line and 4,800 feet North of the South Section line. (ii) Source: Smith Creek, tributary to Egeria Creek, tributary to Rock Creek, tributary to the Colorado River. (iii) Appropriation Date: August 31, 1988. (iv) Amount & Uses: 200 acre feet, conditional, for supplemental irrigation of 140 acres, recreation and piscatorial. (v) Original Decree: District Court in and for Water Division No. 5, Case No. 88CW416; May 15, 1989. (1) Subsequent Decrees Awarding Findings of Diligence: a. Case No. 95CW207; May 25, 1996. b. Case No. 02CW120; March 22, 2005. 3. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Applicant, Flattops, undertook the following activities toward completion of the appropriation and application of water to beneficial use during the diligence period between April 2005 and February 2011: (a) In January and June, 2008, Flattops spent at least $160,000 for engineering studies by Wright Water Engineers to delineate wetlands and other waters of the United States in the area identified for construction of the Smith Creek Reservoir and to refine the size of alternative reservoir configurations. (b) Flattops spent more than $10,000.00 for legal services to contract with other water users to participate in construction of Smith Reservoir and associated Flattops structures and to review the monthly resumes in Division 5 and 6 for applications that were inconsistent with Flattops water rights. WHEREFORE, Applicant, requests that the Court enter a decree: 1. Finding that Applicant has been reasonably diligent in the steady application of effort to complete the appropriation of the conditional water rights in a reasonably expedient and efficient manner under the facts and circumstances and continuing the conditional rights in full force and effect. 2. Granting such other relief as the Court deems just and proper. (4 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 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: June 19, 2011