17. PURSUANT TO C.R.S., §37-92-302,

81621 | 02/25/2021 | Ad id: 8-0000662005-01
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17. 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.
21CW3016 PITKIN COUNTY – SNOWMASS CREEK OR ITS TRUBUTARIES
. PATAK RANCH LLC c/o Paul L. Noto, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR SURFACE WATER RIGHTS, WATER STORAGE RIGHT, AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE First Claim: For Surface Water Rights Name of structure: Patak Pump and Pipeline. Legal description: SW1/4, SE1/4 of Section 27, Township 9 South, Range 86 West of the 6th P.M., at a point 785 feet North of the South section line and 1,940 feet West of the East section line in Pitkin County. On file with the court as Exhibit A. Amount Claimed: 0.19 c.f.s. (85 g.p.m.), conditional. Uses or Proposed Uses: Irrigation, fire protection, and to fill and refill Patak Pond for subsequent irrigation, recreation, fire protection, piscatorial, and aesthetic uses. Remarks: Applicant will divert water through the Patak Pump and Pipeline when water is legally and physically available in priority. When diversions under the Patak Pump and Pipeline are out-of-priority, Applicant will augment depletions with water released under a water allotment contract with the Basalt Water Conservancy District and the augmentation plan described in the Third Claim below or curtail diversions in the event of a local call. The Patak Pump and Pipeline is a component part of an integrated water supply plan for the property shown on file with the court as Exhibit A. Second Claim: for Storage Water Right Name of structure: Patak Pond. Legal Description: SW1/4, SE1/4 of Section 27, Township 9 South, Range 86 West of the 6th P.M. at a point 1,094 feet North of the South section line and 1,494 feet West of the East section line in Pitkin County. On file with the court as Exhibit A. Amount Claimed: 2.40 a.f., conditional. Uses or Proposed Uses: Irrigation, fire protection, recreation, aesthetic, and piscatorial. Remarks: The Patak Pond is a component part of an integrated water supply plan for the property shown on file with the court as Exhibit A. Third Claim: For Approval of Plan for Augmentation Name of structures to be augmented: Patak Pump and Pipeline and Patak Pond. Location of the structures: See First and Second Claims above. Water rights to be used for augmentation: Applicant applied for a water allotment contract from the Basalt Water Conservancy District ("BWCD"), under which the following water rights will be made available for augmentation of Applicant's water uses involved in this plan: Green Mountain Reservoir: Legal description: NE ¼, SE ¼, Section 15, Township 2 South, Range 80 West of the 6th P.M., approximately 2312 feet from the South section line and 992 feet from the East section line (Summit County). UTM coordinates: Northing 4414928, Easting 386227.9, Zone 13. Note: The distances from section lines and UTM coordinates were obtained from the Division of Water Resources' CDSS database and/or Aquamap program. Source: Blue River, tributary to the Colorado River. Ruedi Reservoir: Legal description: NW ¼, NW ¼, Section 18, Township 8 South, Range 84 West of the 6th P.M., approximately 324 feet from the North section line and 984 feet from the West section line (Eagle and Pitkin Counties). UTM coordinates: Northing 4358646, Easting 343227.7, Zone 13. Note: The distances from section lines and UTM coordinates were obtained from the Division of Water Resources' CDSS database and/or Aquamap program. Source: Frying Pan River, tributary to the Colorado River. Troy Ditch and Edith Ditch Legal descriptions: Troy Ditch: NW ¼, NE ¼, Section 14, Township 8 South, Range 84 West of the 6th P.M., approximately 285 feet from the South section line and 967 feet from the East section line (Pitkin County). UTM coordinates: Northing 4356860, Easting 350640, Zone 13. Note: Distances from section lines and UTM coordinates were obtained from the Division of Water Resources' CDSS database and/or Aquamap program. When Aquamap converts the UTM coordinates, the quarter coordinates are SE ¼, SE ¼. Edith Ditch: SW ¼, SW ¼, Section 12, Township 8 South, Range 84 West of the 6th P.M., approximately 326 feet from the South section line and 981 feet from the West section line (Eagle County). UTM coordinates: Northing 4358454, Easting 351278.1, Zone 13. Note: Distances from section lines and UTM coordinates were obtained from the Division of Water Resources' CDSS database and/or Aquamap program. Source: The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork, or Colorado River by by-passing water at the headgate on the Frying Pan River. Robinson Ditch: Legal description: NW ¼, SE ¼, Section 11, Township 8 South, Range 87 West, of the 6th P.M., approximately 2307 feet from the South section line and 2309 feet from the East section line (Eagle County). Fourth Claim: For Appropriative Right of Exchange Name of structure: Patak Ranch Exchange. Location: Downstream termini: The points of replacement on the Roaring Fork and Colorado Rivers of the BWCD's water rights listed in paragraph 21, on file with the court. Rate: 0.152 c.f.s., conditional. Volume: Up to 9.4 acre-feet, conditional. Plan of operation: The plan for augmentation described in the Third Claim above includes an appropriative right of exchange of the augmentation water released under Applicant's BWCD Water Allotment Contract, extending from the lower termini to the upper terminus described in paragraph 25, on file with the court. Applicant will operate the Patak Ranch Exchange only when it is in priority. The Patak Ranch Exchange is a component part of an integrated water supply plan for Applicant's property shown on file with the court as Exhibit A. Applicant respectfully requests the Water Court to enter a ruling and decree approving the conditional water rights and plan for augmentation including exchange claimed in this Application.
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.