DISTRICT COURT, WATER DIVISION 6, COLORADO 08CW32
February 20, 2011
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 pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of JANUARY, 2011.
The following is an amended application for publication:
08CW32 – ROUTT COUNTY 1st AMENDED APPLICATION: TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS. Applicant: MERLE NASH, Post Office Box 770237, Steamboat Springs, Colorado 80477, 970 879-1627. Name of structure: Old Siegrist Pit Diversion. Water Division 6 Decree dated: 5-13-2002. Case No. 00CW46. Legal Description of Structures: In the NE 1/4SW 1/4,Section 5, Township 5 N, Range 84 W of the 6th Principal Meridian, Routt County, Colorado, at a point 2049 Feet from the South section line and 1438 Feet from the west section line. Source: Groundwater tributary to the Yampa River. Appropriation Date: August 24, 2000. Conditionally decreed Uses: Irrigation and Domestic. The 220 gallons per minute of water conditionally decreed to this structure has been diverted and put to beneficial use for the irrigation of 4.5 acres of land. The water is diverted at a pump site on the west bank of the Old Siegrist gravel pit (Permit No. 055041F). The applicant is seeking to make 220 GPM of the conditional water be made absolute for irrigation purposes. The domestic use & balance of the conditional water (130 gpm) is to be cancelled. The statements contained in this amended application are accurate but do not coincide with the information in the original decree(00CW46) due to clerical errors in that decree. The applicant is requesting 00CW46 be amended to correct those clerical errors. The original application for 00CW46 claimed a structure named the “Old Siegrist Pit Diversion” which was the existing pump site on land owned by the applicant. Also claimed was a conditional alternate point of diversion called the “Old Siegrist Pit Diversion Alternate Point #1” located about 350 feet south of the existing pump site. A statement of opposition was filed by the owner of the land where the alternate point of diversion was to be located. An amended application was then submitted for 00CW46 eliminating the alternate point of diversion. However, the decree issued in May of 2002 for 00CW46 contained only information related to the alternate point of diversion; incorrectly decreed the water on the protestor’s property and was silent as to the “Old Siegrist Pit Diversion” claimed in the original and amended applications. This obvious clerical error apparently was not caught by the applicant, the court, or Division of Water Recourses until after completion of the irrigation pipeline project at the correct location and the filing of 08CW32. (See Erin’s Light’s Revised Report of the Division Engineer). Filed herewith is a proposed amended referee ruling and decree for 00CW46. It essentially corrects the clerical error of the decree. This proposed amended contains the necessary changes to the name of the structure, location, and source that describes the “Old Siegrist Pit Diversion” in the amended 00CW46 application. There is case law supporting the courts authority to correct clerical errors outside of the statutory three year period see “Bessemer Irrigating Ditch v. West Pueblo Ditch & Reservoir Co.” 65 Colo. 258, 180 P.747 (Colo. 1918) and “The Telluride Company v. the Engineer in and for Water Division No.4, State of Colorado” 195 Colo. 143, 575 P.2d 1297 (Colo. 1978). Applicant requests the clerical error be corrected by the entry of the proposed amended decree; the conditional decree be made absolute as to 220 gallons per minute; and the 130 gallons per minute be cancelled.
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You are hereby notified that you will have until the last day of MARCH, 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
By: /s/ M. Rene Mattone
Rene Mattone, Court Judicial Assistant
Published in The Steamboat Pilot & Today
Publication Date: February 20, 2011