2010CW78

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11763-1

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 FEBRUARY 2011.

2010CW78-ROUTT COUNTY APPLICATION FOR SURFACE WATER RIGHTS AND STORAGE WATER RIGHTS OF CONSTANCE HARVEY Name, address, telephone number(s) (residence and business) of applicant(s): Constance Harvey 421D A.A.B.C. Aspen, CO 81611 Direct all Pleadings to: Margaret O'Donnell Margaret O'Donnell, P.C. Steamboat Springs, CO 80477 75 5th Street (970) 925-3502 P.O. Box 773572 Steamboat Springs, CO 80477 I. APPLICATION FOR WATER RIGHTS (SURFACE) 1. Name of structures: Harvey Spring No. 1, Harvey Spring No. 2, Red Tank Spring, Buck Mountain Elk Spring No. 1, Buck Mountain Elk Spring No. 2, Buck Mountain Elk Spring No. 3, Dutch Gulch Spring, Algae Spring, Cattail Spring. 2. Legal description of location of each point of diversion and source: The following Springs are located in Township 8 North, Range 86 West, 6th P.M., Routt County, CO, and are more specifically described below: a. Harvey Spring No. 1 is located in the NE1/4 SW1/4 of Section 14, at a point 2,594 feet from the South Section Line and 1,332 feet from the West Section Line. Easting: 330364 Northing: 4502028 Zone 13 1. Source: unnamed tributary to Long Gulch, tributary to the Elk River, Tributary to the Yampa River. b. Harvey Spring No. 2 is located in the NE1/4 SW1/4 of Section 12 at a point 2,013 feet from the South Section Line and 1,205 feet from the West Section Line. Easting: 331945 Northing: 4503402 Zone 13 1. Source: unnamed tributary to Long Gulch, tributary to the Elk River, Tributary to the Yampa River. c. Red Tank Spring is located in the SE1/4 SE1/4 of Section 3 at a point 1,252 feet from the South Section Line and 14 feet from the East Section Line. Easting: 330016 Northing: 4504848 Zone 13 1. Source: unnamed tributary to Smith Creek, tributary to Deep Creek, tributary to the Elk River, Tributary to the Yampa River. d. Buck Mountain Elk Spring No. 1 is located in the NW1/4 SW1/4 of Section 2 at a point 901 feet from the West Section Line and 2,421 feet from the South Section Line. Easting: 330303 Northing: 4505193 Zone 13 1.Source: unnamed tributary to Smith Creek, tributary to Deep Creek, tributary to the Elk River, Tributary to the Yampa River. e. Buck Mountain Elk Spring No. 2 is located in the NW1/4 SW1/4 of Section 2 at a point 1,056 feet from the West Section Line and 2,522 feet from the South Section Line. Easting: 330351 Northing: 4505222 Zone 13 1. Source: unnamed tributary to Smith Creek, tributary to Deep Creek, tributary to the Elk River, Tributary to the Yampa River. f. Buck Mountain Spring No. 3 is located in the NW1/4 SW1/4 of Section 2 at a point 783 feet from the West Section Line and 2,567 feet from the South Section Line. Easting: 330268 Northing: 4505239 Zone 13 1. Source: unnamed tributary to Smith Creek, tributary to Deep Creek, tributary to the Elk River, Tributary to the Yampa River. g. Dutch Gulch Spring is located in the NE1/4 NW1/4 of Section 2 at a point 1,997 feet from the West Section Line and 526 feet from the North Section Line. Easting: 330655 Northing: 4505976 Zone 13 1. Source: unnamed tributary to Dutch Gulch (aka Winkleman Creek), tributary to the Elk River, Tributary to the Yampa River. h. Algae Spring is located in the SW1/4 SE1/4 of Section 3 at a point 1,861 feet from the East Section Line and 796 feet from the South Section Line. Easting: 329450 Northing: 4504722 Zone 13 1. Source: unnamed tributary to Smith Creek, tributary to Deep Creek, tributary to the Elk River, Tributary to the Yampa River. i. Cattail Spring is located in the SE1/4 NE1/4 of Section 10 at a point 310 feet from the East Section Line and 2, 443 feet from the North Section Line. Easting: 329902 Northing: 4503724 Zone 13 1. Source: unnamed tributary to Smith Creek, tributary to Deep Creek, tributary to the Elk River, Tributary to the Yampa River. 3. a. Date of initiation of appropriation for all springs: May 15, 1978. b. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, purchase of property by Applicant and application of water to the beneficial uses of livestock watering and wildlife watering on the property. c. Date water applied to beneficial use: May 15, 1978. 4. Amount: 15 gpm, absolute, for each of the above-listed springs, a-i. 5. Use or proposed use: wildlife watering, stock watering of approximately 500 cow calf pairs. A. If irrigation, complete the following: N/A B. If non- irrigation, describe purposes fully: The above- listed springs, a-i, provide water for the beneficial uses of wildlife watering and livestock watering of approximately 500 cow- calf pairs. II. APPLICATION FOR WATER STORAGE RIGHTS A. I. Name of Reservoir: Twisted Tree Pond No. 1 2. Legal description of location of dam: The Twisted Tree Pond No. 1 is located in the NW1/4 NE1/4 of Section 10, Township 8 North, Range 86 West, 6th P.M., Routt County, CO, at a point 2,374 feet from the East Section Line and 355 feet from the North Section Line. See Map, attached as Exhibit A. Optional Additional Description: GPS location information in UTM format (averaged): Easting: 329286 Northing: 4504375 Zone 13 The Twisted Tree Pond No. 1 is an on-channel reservoir. 3. Source: unnamed intermittent creek, tributary to Smith Creek, tributary to Deep Creek, tributary to Elk River, tributary to the Yampa River. 4. A. Date of initiation of appropriation: May 15, 1978. B. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, purchase of property by Applicant, and application of water to the beneficial uses of livestock watering and wildlife watering on the property. C. Date water applied to beneficial use: May 15, 1978. 5. Amount claimed: .06 acre feet, right of fill and refill in the amount of .06 acre feet, absolute. 6. Use or proposed use: wildlife watering, stock watering of approximately 500 cow-calf pairs. A. If irrigation, complete the following: N/A B. If non- irrigation, describe purposes fully: The Twisted Tree Pond is used for the beneficial purposes of wildlife watering and livestock watering of approximately 500 cow-calf pairs of cattle. 7. Surface area of high water line: 0.06 acres. A. Maximum height of dam in feet: 2 feet B. Length of dam in feet: 75 feet C. Total capacity of reservoir in acre feet: .06 acre feet, all dead storage. B. 1. Name of Reservoir: Aspen Grove Pond 2. Legal description of location of dam: Aspen Grove Pond is located in the NE1/4 NE1/4 of Section 10, Township 8 North, Range 86 West, 6th P.M., Routt County, CO, at a point 1,229 feet from the East Section Line and 1,145 feet from the North Section Line Easting: 329630 Northing: 4504126 Zone 13 The Aspen Grove Pond is an on-channel reservoir. 3. Source: unnamed intermittent creek, tributary to Smith Creek, tributary to Deep Creek, tributary to Elk River, tributary to the Yampa River. 4. A. Date of initiation of appropriation: May 15, 1978. B. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, purchase of property by Applicant and application of water to the beneficial uses of livestock watering and wildlife watering on the property. C. Date water applied to beneficial use: May 15, 1978 5. Amount claimed: The amount claimed is .53 acre feet, with the right of fill and refill in the amount of .53 acre feet, absolute. 6. Use: wildlife watering, livestock watering A. If irrigation, complete the following: N/A B. If non- irrigation, describe purposes fully: The Aspen Grove Pond is used for the beneficial purposes of wildlife watering and livestock watering of approximately 500 cow-calf pairs of cattle. 7. Surface area of high water line: 0.15 acres A. Maximum height of dam in feet: 7 feet B. Length of dam in feet: 160 feet C. Total capacity of reservoir in acre feet: 0.53 acre feet, all dead storage. C. 1. Name of Reservoir: Cow Camp Pond No. 1 2. Legal description of location of dam: Cow Camp Pond No. 1 is an off-stream reservoir and is located in the SE1/4 SE1/4 of Section 10, Township 8 North, Range 86 West, 6th P.M., Routt County, CO, at a point 105 feet from the East Section Line and 1,196 feet from the South Section Line. Optional Additional Description: GPS location information in UTM format (averaged): Easting: 329954 Northing: 4503219 Zone 133. Source: unnamed intermittent tributary of Smith Creek, tributary to Deep Creek, tributary to the Elk River, tributary to the Yampa River. 4. A. Date of initiation of appropriation: May 15, 1978. B. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, purchase of property by Applicant, and application of water to the beneficial uses of livestock watering and wildlife watering on the property. C. Date water applied to beneficial use: May 15, 1978. 5. Amount claimed: The amount claimed is .3 acre feet, with the right of fill and refill in the amount of .3 acre feet, absolute. 6. Use: wildlife watering, stock watering A. If irrigation, complete the following: N/A B. If non- irrigation, describe purposes fully: Cow Camp Pond No. 1 is used for the beneficial uses of wildlife watering and stock watering of approximately 500 cow-calf pairs of cattle on Applicant's property. 7. Surface area of high water line: 0.3 acres A. Maximum height of dam in feet: 2 feet B. Length of dam in feet: 125 feet C. Total capacity of reservoir in acre feet: 0.3 acre feet, all dead storage D. 1. Name of Reservoir: Cow Camp Pond No. 2 2. Legal description of location of dam: Cow Camp Pond No. 2 is located in the SW1/4 SW1/4 of Section 11, Township 8 North, Range 86 West, 6th P.M., Routt County, CO, at a point 258 feet from the West Section Line and 745 feet from the South Section Line. Easting: 330062 Northing: 4503078 Zone 13 3. Source: unnamed intermittent tributary of Smith Creek, tributary to Deep Creek, tributary to the Elk River, tributary to the Yampa River. 4. A. Date of initiation of appropriation: May 15, 1978. B. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the purchase of the property by Applicant, and application of water to the beneficial uses of livestock watering and wildlife watering on the property. C. Date water applied to beneficial use: May 15, 1978. 5. Amount claimed: The amount claimed is .75 acre feet, with the right of fill and refill in the amount of .75 acre feet, absolute. 6. Use: wildlife watering, stock watering A. If irrigation, complete the following: N/A B. If non- irrigation, describe purposes fully: Cow Camp Pond No. 2 is used for the beneficial uses of wildlife watering and stock watering of approximately 500 cow-calf pairs of cattle on Applicant's property. 7. Surface area of high water line: .3 acres A. Maximum height of dam in feet: 5 feet B. Length of dam in feet: 125 feet C. Total capacity of reservoir in acre feet: .75 acre feet, all dead storage E. 1. Name of Reservoir: Last Watering Hole No. 1 (Upper) 2. Legal description of location of dam: Last Watering Hole No. 1 is located in the SW1/4 SW1/4 of Section 11, Township 8 North, Range 86 West, 6th P.M., Routt County, CO, at a point 159 feet from the West Section Line and 1,089 feet from the South Section Line. Easting: 330034 Northing: 4503184 Zone 13 3. Source: unnamed intermittent tributary of Smith Creek, tributary to Deep Creek, tributary to the Elk River, tributary to the Yampa River. 4. A. Date of initiation of appropriation: May 15, 1978. B. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the purchase of the property by Applicant, and application of water to the beneficial uses of livestock watering and wildlife watering on the property. C. Date water applied to beneficial use: May 15, 1978. 5. Amount claimed: The amount claimed is .04 acre feet, with the right of fill and refill in the amount of .04 acre feet, absolute. 6. Use: wildlife watering, stock watering A. If irrigation, complete the following: N/A B. If non- irrigation, describe purposes fully: Last Watering Hole No. 1 is used for the beneficial uses of wildlife watering and stock watering of approximately 500 cow-calf pairs of cattle on Applicant's property. 7. Surface area of high water line: .02 acres A. Maximum height of dam in feet: 4 feet B. Length of dam in feet: 60 feet C. Total capacity of reservoir in acre feet: .04 acre feet, all dead storage F. 1. Name of Reservoir: Last Watering Hole No. 2 (Lower) 2. Legal description of location of dam: Last Watering Hole No. 2 is located in the SW1/4 SW1/4 of Section 11, Township 8 North, Range 86 West, 6th P.M., Routt County, CO, at a point 193 feet from the West Section Line and 1,051 feet from the South Section Line. Easting: 330044 Northing: 4503172 Zone 13 3. Source: unnamed intermittent tributary of Smith Creek, tributary to Deep Creek, tributary to the Elk River, tributary to the Yampa River. 4. A. Date of initiation of appropriation: May 1, 1978. B. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the purchase of the property by Applicant, and application of water to the beneficial uses of livestock watering and wildlife watering on the property. C. Date water applied to beneficial use: May 15, 1978. 5. Amount claimed: The amount claimed is .01 acre feet, with the right of fill and refill in the amount of .01 acre feet, absolute. 6. Use: wildlife watering, stock watering A. If irrigation, complete the following: N/A B. If non- irrigation, describe purposes fully: Last Watering Hole No. 2 is used for the beneficial uses of wildlife watering and stock watering of approximately 500 cow-calf pairs of cattle on Applicant's property. 7. Surface area of high water line: .01 acres A. Maximum height of dam in feet: 1 foot B. Length of dam in feet: 30 feet C. Total capacity of reservoir in acre feet: .15 acre feet, all dead storage G. 1. Name of Reservoir: Cattail Pond 2. Legal description of location of dam: the dam for Cattail Pond is located in the SE1/4 NE1/4 of Section 10 at a point 310 feet from the East Section Line and 2,443 feet from the North Section Line. Easting: 329902 Northing: 4503724 Zone 13 3. Source: unnamed tributary to Smith Creek, tributary to Deep Creek, tributary to the Elk River, Tributary to the Yampa River. 4. A. Date of initiation of appropriation: May 1, 1978. B. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the purchase of the property by Applicant, and application of water to the beneficial uses of livestock watering and wildlife watering on the property. C. Date water applied to beneficial use: May 15, 1978. 5. Amount claimed: The amount claimed is .07 acre feet, with the right of fill and refill in the amount of .07 acre feet, absolute. 6. Use: wildlife watering, stock watering A. If irrigation, complete the following: N/A B. If non- irrigation, describe purposes fully: Last Watering Hole No. 2 is used for the beneficial uses of wildlife watering and stock watering of approximately 500 cow-calf pairs of cattle on Applicant's property. 7. Surface area of high water line: .07 acres A. Maximum height of dam in feet: 2 feet B. Length of dam in feet: 70 feet C. Total capacity of reservoir in acre feet: .07 acre feet, all dead storage. See Map, attached as Exhibit A, for all structures. Name and address of owner of the land upon which any structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant, for all structures applied for herein. Remarks: Applicant requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, approval of the applied for appropriation dates for the above-listed surface water rights and water storage rights, and establishing the amounts and uses for the all the surface water rights and storage water rights applied for herein, with the right of fill and refill for the storage rights, and grants to Applicant such other relief as the Court deems just and proper.

You are hereby notified that you will have until the last day of APRIL, 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: March 20, 2011

10256365

Published in The Steamboat Pilot & Today Publication Date: March 20, 2011

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