13. PURSUANT TO C.R.S., §37-92-302,

81602 | 02/25/2021 | Ad id: 8-0000661972-01
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13. PURSUANT TO C.R.S., §37-92-302, 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 JANUARY 2021. 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.
21CW3012 GARFIELD COUNTY, COLORADO, COLORADO RIVER APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE, OR, ALTERNATIVELY, FOR FINDING OF REASONABLE DILIGENCE.
Name and address of Applicant: Town of Silt, Colorado, c/o Town Administrator, P.O. Box 70, Silt, CO 81625. Please direct all correspondence, motions and pleadings to Michael J. Sawyer, KARP NEU HANLON, P.C., 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602 (970) 945-2261. FIRST CLAIM: APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE, OR ALTERNATIVELY, FINDING FOR REASONABLE DILIGENCE. Name of structure: Silt Well No. 1. Date of original decree: August 14, 1979 in Case No. W-3927, in the District Court in and for Water Division No. 5. Subsequent decrees awarding findings of diligence: 83CW177, 87CW144, 93CW151, 99CW232, 06CW204, and 14CW3104. Legal description: Location decreed in Case No. W-3927: The original point of diversion approved for the Silt Well No. 1 in Case No. W-3927 was in the SE ¼ of the NW ¼ of Section 10, Township 6 South, Range 92 West of the 6th P.M., at a point 2,400 feet from the North section line and 1,900 feet from the West section line of Section 10. Decreed location as changed in Case No. 93CW152: A point in the SE ¼ of the NE ¼ of Section 10, Township 6 South, Range 92 West of the 6th P.M. whence the Northeast corner of said Section 10 bears N. 17º54'32" E. 2,471.20 feet. Alternate point of diversion decreed in Case No. 05CW19: A point in the S ½ of the NE ¼ of Section 9, Township 6 South, Range 92 West of the 6th P.M. whence the northeast corner of said Section 9 bears N. 35º41'37" E. a distance of 2,620.27 feet and the Southeast corner of said Section 9 bears S. 26º21'28" E. a distance of 3,583.70 feet. This location is also described as being located 3,211 feet from the South section line and 1,529 feet from the East section line of said Section 9. An exhibit depicting the locations of the decreed locations of the Silt Well No. 1 is on file with the Water Court. Remarks as to location: The change of water right in 93CW152 permitted the 0.385 c.f.s. of water appropriated under the Silt Well No. 1 water right to be diverted as a surface water diversion through the Silt Pipeline at the point of diversion decreed therefor in Case No. 85CW195 pursuant to a change request. That point of diversion is located as described in paragraph 2.C.ii. Source: Colorado River. Appropriation date: July 5, 1977. Amount: 0.033 c.f.s., conditional, out of 0.385 c.f.s. total decreed to the Silt Well No. 1 in Case No. W-3927. Remarks as to conditional and absolute amounts: Of the 0.385 c.f.s. of water awarded to the Silt Well No. 1 in Case No. W-3927, 0.33 c.f.s. was awarded absolute status and 0.055 c.f.s. was awarded conditional status. In Case No. 83CW177, an additional 0.022 c.f.s. was awarded absolute status. As a result, the Silt Well No. 1 water right was 0.033 c.f.s., conditional, and 0.352 c.f.s., absolute, when the Application was filed in Case No. 14CW3104. Uses: Domestic, municipal, industrial, and commercial purposes. Claim to Make Absolute: Date additional water first applied to beneficial use: No later than May 2, 2020. Amount of water applied to beneficial use: 0.033 c.f.s., conditional, for domestic, municipal, industrial, and commercial purposes. Description of place where water has been applied to beneficial use: Within Applicant's water service area. Claim for Reasonable Diligence: The Applicant requests a finding of diligence for 0.033 c.f.s., conditional, for the Silt Well No. 1 for domestic, municipal, industrial, and commercial purposes. An exhibit containing a detailed outline of what has been done towards the development of the conditional water right, including expenditures is on file with the Water Court. Names and addresses of owners of land upon which structures are located: Applicant. Integrated Water System: As found in Case No. 06CW204, the Silt Well No. 1 is a component to the Applicant's integrated municipal water supply system, which includes the Silt Pipeline, the Silt Pipeline, First Enlargement, the Silt Well Nos. 2-4, the Silt/Last Chance Ditch – Lower Cactus Valley Ditch Exchange. Pursuant to C.R.S. §37-92-301(4)(b), when an integrated water system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. Remarks: The Silt Pipeline was made absolute for 0.0695 c.f.s. in Case No. 15CW3108. As reflected in paragraph 19 of the decree in that case, the Silt Pipeline is absolute for the total amount of 1.50 c.f.s. for use in Applicant's municipal water service area. (10pp including exhibits).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2021 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.