2011CW2

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11764-1

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.

2011CW2-ROUTT COUN TY APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE. Name, address, and telephone number of applicant: Julius Poole, 210 Ridge Road, Rangely, CO 81648, (970) 675-8994, Direct Pleadings To: Margaret O'Donnell, Margaret O'Donnell, P.C., P.O. Box 773572, 75 5th Street, Steamboat Springs, CO 80477 A. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 1. Name of Structure(s): Moeller Spring No. 12. A. Date of Original Decree: November 06, 1972 Case No. W-540 B. Subsequent Decrees Awarding Findings of diligence: Date: May 13, 1996 Case No. 94CW24 Date: February 23, 2005 Case No. 02CW116 Court: Garfield County District Court, Water Division No. 5 C. Legal description: Moeller Spring No. 1: The Moeller Spring No. 1 is located in Tract 38, Section 17, Township 1 North, Range 90 West, 6th P.M., at a point whence Corner No. 8 of said Tract 38 bears N. 75 degrees 30' E. 450 feet, Rio Blanco County, Colorado. D. Source: a spring tributary to Moeller Creek, a tributary of Fawn Creek, a tributary of the White River.E. Date of appropriation: February 2, 1972 Amount:.010 cfs, conditional F. Uses: irrigation and domestic 3. Description of efforts towards completion of appropriation: Moeller Spring No. 1 is part of an integrated water system used to supply domestic and irrigation for Applicant's property located in Tract 38, Section 17, Township 1 North, Range 90 West, 6th P.M., Rio Blanco County, Colorado ("Property"). This system is a part of Moeller Reservoir No. 1 and Moeller Pumpsite and Pipeline, the other water structures that serve the Property, which were decreed absolute in Case No. 02CW116 by the District Court for Garfield County on February 23, 2011. As part of this integrated system, Applicant has designed a pipeline to take water from the Moeller Spring No. 1 to a cabin located on the property for domestic uses. Applicant has obtained 1.9 inch tubing and has located a small ditch by which he will run the tubing from the Moeller Spring No. 1 down to an existing water tank which is attached to the cabin. Applicant has also developed plans for an infiltration gallery and is the process of obtaining a permit. Applicant has scheduled for the work to be completed in May or June of 2011, weather permitting. As the water will be put to beneficial use for the irrigation and domestic uses while this application for diligence is pending, Applicant is concurrently filing an application to make these uses absolute, as detailed below, since such beneficial uses will occur in the next several months. Applicant is using existing materials to construct the system and is using family for its design and construction. Therefore, to date, there have been no expenses, other than those incurred in preparing and filing the present application. 4. Name and address of owner of the land upon which structure is located: Applicant B. APPLICATION TO MAKE ABSOLUTE Applicant hereby seeks to make the above-described irrigation and domestic use for the Moeller Spring No. 1 as follows: 1. A. Date water applied to beneficial use: June 1, 2011 Amount: .010 cfs Uses: irrigation of approximately 1 acre around Applicant's cabin and to supply water for domestic use in Applicant's cabin through the pipeline and infiltration gallery described above. See Map, attached as Exhibit A. B. See A., above. 3. Remarks: Applicant requests a decree for a finding of reasonable diligence for the Moeller Spring No. 1 for domestic and irrigation uses and to make these uses absolute once they have been applied to beneficial use, as described herein, and for a finding that the Moeller Spring No. 1 is part of an integrated system which includes the Moeller Reservoir No. 1 and Moeller Pumpsite and Pipeline and efforts expended on towards those structures applies to the entire system, including the Moeller Spring No. 1, in conformance with 37-92-301(4)(b).

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 $58.00, 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

10256366

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

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