DISTRICT COURT, WATER DIVISION 6, COLOR

81601 | 07/30/2020 | Ad id: 8-0000602324-02
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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 June 2020.

2020CW3017 Rio Blanco and Garfield Counties, White River. Application for Findings of Reasonable Diligence and to Make Absolute. James Ritchie, c/o Ryan Jarvis and Jeff Houpt of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-8659. All structures: Original decree entered 05/22/00 in 98CW309; subsequent decrees entered in 06CW93 and 13CW3019. Appropriation date: 09/30/98. JB Pond No. 1: Location: The spillway of the dam is located in the SE¼NE¼ of Sec 3, T 2 S, R 94 W 6th PM, at a point N 29º44'48" W 1,483 ft from the E¼ Corner of said Sec 3, Rio Blanco County. After the Court entered the decree in 98CW309, the Bureau of Land Management ("BLM") resurveyed the irregular portions of Sec 3. Under the resurvey, the structure may also be described as being in Lot 7 of Sec 3. Source: The pond is off-channel and is filled by diversions from Flag Creek, trib to White River, by the Howey Ditch Pond Enlargement in the amount of 2.0 c.f.s. Amounts and uses: 25 af, total; 2.33 af, absolute, for livestock, wildlife, and piscatorial (decreed absolute in 06CW93); 22.67 af, conditional, for livestock, wildlife, and piscatorial; and 25 af, conditional, for irrigation. Surface area: Max of 2.5 acres. Max Height: 9.5 ft. Length: 400 ft. Total capacity: 25 af. Active storage: 25 af. Dead storage: 0 af. Date water applied to beneficial use: 04/15/16. Amount and uses of water applied to beneficial use: 25 af for irrigation, livestock, wildlife, and piscatorial. Ground Hog Pond No. 1: Location: The spillway of the dam is located in the NE¼SE¼ of Sec 3, T 2 S, R 94 W 6th PM, at a point N 17º31'41" W 1,593 ft from the SE Corner of said Sec 3, Rio Blanco County. Source: The pond is off-channel and is filled by diversions from Flag Creek by the Yonch Ditch Pond Enlargement for 2.0 cfs and Howey Ditch Pond Enlargement for 2.0 cfs. Amount and uses: 30 af, conditional, for irrigation, livestock, wildlife, and piscatorial. Surface area: Max of 3.0 acres. Ground Hog Pond No. 2: Location: The spillway of the dam is located in the NE¼SE¼ of Sec 3, T 2 S, R 94 W 6th PM, at a point S 33º49'40" W 912 ft from the E¼ Corner of said Sec 3, Rio Blanco County. Source: The pond is off-channel and if filled by the Yonch Ditch Pond Enlargement for 2.0 cfs. Amount and uses: 20 af, conditional, for irrigation, livestock, wildlife, and piscatorial. Surface area: Max of 2.0 acres. Sammy Pond: Location: The spillway of the dam is located in the NE¼NE¼ of Sec 3, T 2 S, R 94 W 6th PM, at a point N 9º7'25" W 1,522 ft from the E¼ Corner of said Sec 3, Rio Blanco County. After the Court entered the decree in 98CW309, the BLM resurveyed the irregular portions of Sec 3. Under the resurvey, the structure may also be described as being in Lot 6 of Sec 3. Source: The pond is off-channel and is filled by diversions from Flag Creek, by the Howey Ditch Pond Enlargement in the amount of 2.0 cfs. Amounts and uses: 25 af total; 2.30 af, absolute, for livestock, wildlife, and piscatorial (decreed absolute in 06CW93); 22.70 af, conditional, for livestock, wildlife, and piscatorial; and 25 af, conditional, for irrigation. Surface area: Max 2.5 acres. Max Height: 9.5 ft. Length: 450 ft. Total capacity: 25 af. Active storage: 25 af. Dead storage: 0 ft. Date water applied to beneficial use: 04/15/16. Amount and uses applied to beneficial use: 25 af for irrigation, livestock, wildlife, and piscatorial. Badger Pond: Location: The spillway of the dam is located in the NE¼NE¼ of Sec 10, T 2 S, R 94 W 6th PM, at a point S 85º25'28" W 1,091 ft from the NE Corner of said Sec 10, Rio Blanco County. Source: The pond is off-channel and is filled by the Yonch Ditch Pond Enlargement for 2.0 cfs. Amount and uses: 30 af, conditional, for irrigation, livestock, wildlife, and piscatorial. Surface area: Max of 3.0 acres. Sled Dog Pond: Location: The inlet is located in the NW¼NE¼ of Sec 11, T 2 S, R 94 W 6th PM, at a point S 15º33'01" E 188 ft from the N¼ Corner of said Sec 11, Rio Blanco County. Source: The pond is on-channel on an unnamed creek in Sec 11, T 2 S, R 94 W 6th PM, a trib of Flag Creek, trib to White River. Amount and uses: 15 af, conditional, for livestock, wildlife, and piscatorial. Surface area: Max of 1.5 acres. Max height: 9 ft. Length: 70 ft. Total capacity: 15 af. Active storage: 15 af. Dead storage: 0 af. Date water applied to beneficial use: 05/01/16. Amount and uses applied to beneficial use: 15 af for livestock, wildlife, and piscatorial. Cougar Pond: Location: The spillway of the dam is located in the SW¼NE¼ of Sec 26, T 2 S, R 94 W 6th PM, at a point S 44º29'28" W 3,179 ft from the NE Corner of said Sec 26, Rio Blanco County. Source: The pond is off-channel and is filled by diversions from East Flag Creek or Flag Creek, by Hoback and Redpath Ditch Pond Enlargement for 2.5 cfs. Amount and uses: 12 af, conditional, for irrigation, livestock, wildlife, and piscatorial. Surface area: Max of 1.2 acres. Deer Pond: Location: The spillway of the dam is located in the SW¼NE¼ of Sec 26, T 2 S, R 94 W 6th PM, at a point S 3º49'48" E 2,541 ft from the N¼ Corner of said Sec 26, Rio Blanco County. Source: The pond is off-channel and is filled by the Hoback and Redpath Ditch Pond Enlargement for 2.5 cfs. Amount and uses: 23 af, conditional, for irrigation, livestock, wildlife, and piscatorial. Surface area: Max of 2.3 acres. Max height: 9 ft. Length: 120 ft. Total capacity: 23 af. Active storage: 23 af. Dead storage: 0 af. Date water applied to beneficial use: 04/15/17. Amount and uses applied to beneficial use: 23 af for irrigation, livestock, wildlife, and piscatorial. Elk Pond: Location: The spillway of the dam is located in the SW¼NE¼ of Sec 26, T 2 S, R 94 W 6th PM, at a point S 37º22'35" W 3,010 ft from the NE Corner of said Sec 26, Rio Blanco County. Source: The pond is off-channel and is filled by the Hoback and Redpath Ditch Pond Enlargement. Amount and uses: 30 af, conditional, for irrigation, livestock, wildlife, and piscatorial. Surface area: Max of 3.0 acres. Max height: 9 ft. Length: 150 ft. Total capacity: 30 af. Active storage: 30 af. Dead storage: 0 af. Date water applied to beneficial use: 04/15/16. Amount and uses applied to beneficial use: 30 af for irrigation, livestock, wildlife, and piscatorial. Bear Pond: Location: The spillway of the dam is located in the NW¼SW¼ of Sec 25, T 2 S, R 94 W 6th PM, at a point S 20º52'47" E 3,712 ft from the NW Corner of said Sec 25, Rio Blanco County. Source: The pond is off-channel and is filled by diversion from Flag Creek by the Bear Pond Ditch in the amount of 1.0 cfs. Amount and uses: 10 af, conditional, for irrigation, livestock, wildlife, and piscatorial. Surface are: Max of 1.0 acres. Max height: 9 ft. Length: 60 ft. Total capacity: 10 af. Active storage: 9.75 af. Dead storage: 0.25 af. Date water applied to beneficial use: 05/01/17. Amount and uses applied to beneficial use: 10 af for irrigation, livestock, wildlife, and piscatorial. Irrigation releases from the subject ponds may be used as follows: Under the Howey Ditch and Yonch Ditch: Portions of the W½W½ of Sec 2, E½E½ of Sec 3, NE¼NE¼ of Sec 10, and NW¼NW¼ of Sec 11, T 2 S, R 94 W 6th PM, comprising approx 125 acres; Under the Hoback and Redpath Ditch: Portions of the S½SW¼ of Sec 23, E½NW¼, SW¼NE¼, and N½SE¼ of Sec 26, T 2 S, R 94 W 6th PM, comprising approx 90 acres. Howey Ditch Pond Enlargement: Location: As described in the decree in CA 133, Garfield County District Court, the headgate is located on the west bank of Flag Creek, about nine miles above the mouth. More accurately described as being in the NW¼NW¼ of Sec 11, T 2 S, R 94 W 6th PM, 600 ft from the N sec line and 1,150 ft from the W sec line, Rio Blanco County. Source: Flag Creek. The Howey Ditch also benefits from transbasin diversions from the West Miller Reservoir system from Miller Creek and its tributaries in Garfield County. The West Miller Reservoir system was decreed in CA 418, District Court in and for Garfield County, on 08/17/1925. Waters from the West Miller Reservoir system are conveyed to a point on the divide between Miller Creek and Flag Creek and are then permitted to run down a natural gulch to Flag Creek, and are carried in Flag Creek to the headgates of the Howey Ditch and the Yonch Ditch, for the irrigation of Applicant's property. Applicant will account for and measure the transbasin diversions from the West Miller Reservoir system in a manner acceptable to the Division Engineer. Amounts and uses: 2.0 cfs, total; 2.0 cfs, absolute, to fill and refill JB Pond No. 1 and Sammy Pond (decreed absolute in 06CW93); and 2.0 cfs, conditional, to fill and refill Ground Hog Pond No. 1. Yonch Ditch Pond Enlargement: Location: As described in the decree in CA 133, the headgate is located on the W bank of Flag Creek, about ten and one-half miles above the mouth. More accurately described as being in the NW¼NW¼ of Sec 14, T 2 S, R 94 W 6th PM, 500 ft from the N sec line and 1,100 ft from the W sec line, Rio Blanco County. Source: Flag Creek. The Yonch Ditch also benefits from diversions from the West Miller Reservoir system from Miller Creek and its tributaries in Garfield County, as described above. Amount and uses: 2.0 cfs, conditional, to fill and refill Ground Hog Pond Nos. 1 and 2, and Badger Pond. Hoback and Redpath Ditch Pond Enlargement: Location: As described in the decree entered 09/06/1910, in former Water District 43 (Rio Blanco Court), the headgate is located on the S bank of East Flag Creek, whence the NE Corner of NW¼SE¼ of Sec 26, T 2 S, R 94 W 6th PM, bears S 62º20' W 190 ft. Note: The decree describes East Flag Creek, whereas the USGS map shows the drainage to be Flag Creek, Rio Blanco County. Also described as being in the NE¼SE¼ of Sec 26, T 2 S, R 94 W 6th PM, 2,450 ft from the S sec line, and 1,250 ft from the E sec line. Source: East Flag Creek. Amount and uses: 2.5 cfs, conditional, to fill and refill Cougar Pond, Elk Pond, and Deer Pond. Date water applied to beneficial use: 04/15/17. Amount and uses applied to beneficial use: 2.5 cfs to fill and refill Elk Pond, and Deer Pond. Bear Pond Ditch: Location: In the NE¼SW¼ of Sec 25, T 2 S, R 94 W 6th PM, 1,450 ft from the W sec line and 2,300 ft from the S sec line, Rio Blanco County. Source: Flag Creek. Amount and uses: 1.0 cfs, conditional, to fill and refill Bear Pond. Date water applied to beneficial use: 05/01/17. Amount and uses applied to beneficial use: 1.0 cfs to fill and refill Bear Pond. The Application on file with the court includes a list of activities demonstrating diligence. Owner of land: Applicant. (18 pages)

The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.

You are hereby notified that you will have until the last day of August 2020 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 $192.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487.

MARY ANN NINGER
CLERK OF COURT
ROUTT COUNTY COMBINED COURT
WATER DIVISION 6

/s/ Julie A. Edwards
Deputy Court Clerk