DIVISION 5 WATER COURT-MAY 2011 RESUME

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DIVISION 5 WATER COURT-MAY 2011 RESUME

  1. PURSUANT TO C.R.S., ยง37-92-302, 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.

10CW195 ROUTT COUNTY, ELK CREEK, RED DIRT CREEK, ANTELOPE CREEK, TRIBUTARY TO COLORADO RIVER. Mervyn Lapin, c/o Scott Balcomb and Scott A. Grosscup, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970/945-6546. FIRST AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS TO CORRECT LEGAL DESCRIPTION AND FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE corrects the decreed location of the decreed and confirmed exempt wells in Case No. 01CW355. The actual locations of these water rights have not changed. Structures: Lapin Wells A, B, C, D, E, F and J and Lapin Springs H and I. Original decree: Case No. 01CW335, Dist. Ct., W.D. 5. Part I of II, July 19, 2004. Part II of II, November, 2004. Legal: located in T. 1 S., R. 84 W. of the 6th P.M. as shown on Exhibits A and B. Lapin Well A. Decreed: SW1/4 SE1/4, Sec. 17, 480 feet from s., 3720 from w. Corrected: SE1/4 SE1/4, Sec. 17, 857 feet from s., 387 feet from e. Lapin Well B. Decreed: NE1/4 NW1/4, Sec. 20, 480 from n., 2400 feet from w. Corrected: SW1/4 SE1/4, Sec. 17, 728 feet from s. and 2162 from e. Lapin Well C. Decreed: NE1/4 SE1/4 of Sec. 20, 2145 feet from s. and 330 feet from e. Corrected: NE1/4 SE1/4 Sec. 20, 1808 feet from s. and 1221 feet from e. Lapin Well D. Decreed: NW1/4 NW1/4, Sec. 21, 720 feet from n., 1200 feet from w. Corrected: NW1/4 NW1/4, Sec. 21, 582 feet from n. and 839 feet from w. Lapin Well E. Decreed: NE1/4 NW1/4, Sec. 25, 120 from n., 1920 feet from w. Corrected: NE1/4 NW1/4, Sec. 25, 526 feet from n. and 2016 feet from w. Lapin Well F. Decreed: SE1/4 NW1/4, Sec. 22, 1680 feet from n., 2400 feet from w. Corrected: NW1/4 NW1/4, Sec. 22, 380 feet from n. and 1199 feet from w. Lapin Spring G. Decreed: 496 feet from the N. Sec. and 496 feet from the W. Sec. of Sec. 28. Corrected: NW1/4 NW1/4 Sec. 28, 293 feet from n. and 10 feet from w. Lapin Spring H. Decreed: 496 feet from the N. Sec. and 0 feet from the W. Sec. of Sec. 28. Corrected: NW1/4 NW1/4 Sec. 28, 627 feet from n. and 110 feet from w. Lapin Well I. Decreed: NW1/4 NW1/4, Sec. 28, 480 feet from n., 600 feet from w. Corrected: SW1/4 SE1/4, Sec. 21, 212 feet from s. and 2198 feet from e.. Lapin Well J. Decreed: NW1/4 NW1/4, Sec. 28, 480 feet from n., 1320 feet from w. Corrected: SE1/4 SE1/4 Sec. 21, 342 feet from s. and 748 feet from e. Source: Lapin Wells A, B, C, D, I, J: spring trib. to Elk Creek, trib. to Colorado River. Lapin Well E: spring trib. to Red Dirt Creek, trib. to Colorado River, Lapin Well F: spring trib. to Antelope Creek, trib. to Colorado River. Approp.: Lapin Wells A, B, D, I, J: 12/31/92, Lapin Well C: 12/28/01. Uses: livestock, irrigation. Applicant also amends the Application to reduce the amounts claimed as absolute to the following amounts: Lapin Well A: 10 g.p.m., Lapin Well B: 1 g.p.m., Lapin Well C: 1g.p.m. Lapin Well D: 1 g.p.m., Lapin Well E: 1 g.p.m., Lapin Well F: 1 g.p.m., Lapin Well G:1 g.p.m., Lapin Spring H: 1 g.p.m., Lapin Spring I:15 g.p.m., Lapin Well J: 10 g.p.m. Except as amended, the filed application remains unchanged.

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

10266249

Published in the Steamboat Pilot & Today Publication Date: June 19, 2011

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