4. PURSUANT TO C.R.S., §37-92-302,

81601 | 02/25/2021 | Ad id: 8-0000662136-01
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4. 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.
21CW3003 GARFIELD COUNTY. BABBISH GULCH, TRIB. TO FOUR MILE CREEK, TRIB. TO ROARING FORK RIVER, TRIB. TO COLORADO RIVER.
Application for Confirmation of Storage and Surface Water Rights and to Make Absolute, in Part. Applicant: Sunlight, Inc., c/o Scott Grosscup and Erika Gibson, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary: Applicant seeks confirmation that it has made portions of the Babbish Gulch Reservoir water right absolute at its alt. and changed places of storage, the Babbish Gulch Reservoir Pond No. 1 and Babbish Gulch Reservoir Pond No. 2. Applicant has also made the ponds' fill sources absolute at the Babbish Gulch Reservoir Pond No. 1 Feeder Ditch and the Babbish Gulch Reservoir Pond No. 2 Feeder Ditch. See maps attached as Exhibits A and B to application. Storage Water Right: Babbish Gulch Reservoir. Prior Decrees: 80CW546 and 81CW413 (consolidated), 85CW331, 93CW196, 96CW201 and 96CW202 (consolidated), 02CW368, 4CW131, 11CW111, 18CW3118, and 18CW3135 all in Dist. Court, Water Div. 5. Legal Desc.: SE1/4 SW1/4 Sec. 32, T. 7 S., R. 89 W., 6th P.M., also described in 11CW111 as being 3,385 ft. from the E. Sec. Line and 580 ft. from the S. Sec. Line of said Sec. 32. The reservoir priority may also be stored at changed and alt. locations, as decreed in 18CW3118 and 18CW3135. Approp. Date: 6/29/1981. Amt.: 52 AF, cond., of which 10 AF, cond. was changed to the Babbish Gulch Reservoir Pond No. 1 location described herein, and 4.33 AF is absolute at the Babbish Gulch Reservoir, Four Mile Snowmaking Pond Alt. location as decreed in 02CW368. Uses: Irr., snowmaking, mun., dom., fire prot., rec., aesthetics, and replacement and exchange uses. Source: This on-channel storage facility is located on Babbish Gulch, which is trib. to Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado River. The reservoir can also be filled using the Sunlight Feeder Ditch, as decreed in 85CW331, and the Sunlight Feeder Ditch, Four Mile Creek Alt. Diversion Pt., as decreed in 02CW368. Decreed Change and Alt. Places of Storage: Babbish Gulch Reservoir Pond No. 1: The Court decreed this changed place of storage of the reservoir priority in 93CW196. Legal Desc.: NW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M., beginning at a pt. whence the NW corner of said Sec. 32 bears N. 43 deg., 30 min. and 00 seconds W., 3,050 ft. to the mid-pt. of the centerline of the dam; also described in 11CW111 as being 3,170 ft. from the E. Sec. Line and 3,015 ft. from the S. Sec. Line of said Sec. 32. Amt.: 10 AF, cond., of which 3.43 AF may also be stored at the Babbish Gulch Reservoir Pond No. 2 as an alt. place of storage decreed in 18CW3135. Max. Ht. of Dam: 12 ft.; Length of Dam: 450 ft.; Active Capacity: 9.5 AF; Dead Storage: 0.5 AF Source: Off-channel pond fed by a feeder ditch that diverts from Babbish Gulch, (trib. to Four Mile Creek, trib. to the Roaring Fork River) from a headgate located in the NE1/4 SW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M., beginning at a pt. whence the NW corner of said Sec. 32 bears N. 39 deg., 00 min. and 00 seconds W. a distance of 3,410 ft. to the pt. of diversion; also described in 11CW111 as being 3,120 ft. from the E. Sec. Line and 2,590 ft. from the S. Sec. Line of said Sec. 32. Said headgate and ditch shall have a capacity of no more than 5.0 c.f.s. Babbish Gulch Reservoir Pond No. 2: The Court decreed this alt. place of storage in 18CW3135. Legal Desc.: NE1/4 SW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M. UTM Zone 13, Northing 4363833 meters and Easting 297295 meters. Amt.: 10 AF, cond. Source: Babbish Gulch Reservoir Pond No. 2 Feeder Ditch, which diverts from Babbish Gulch, trib. to Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Babbish Gulch Reservoir, Four Mile Snowmaking Pond Alt.: The Court decreed this alt. place of storage in 02CW368. Legal Desc.: As corrected in 11CW111, the dam is situated in the SW1/4NE1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M., 2,382 ft. distant from the E. Sec. Line and 3,416 ft. distant from the S. Sec. Line of said Sec. 32; also described as UTM Zone 13, Northing 4364207 meters and Easting 297468.2 meters. Amt.: Up to 5 AF of which 4.33 AF was confirmed absolute for snowmaking in 11CW111 with 0.7 AF remaining cond. Source: Four Mile Creek at the Sunlight Feeder Ditch, Four Mile Creek Alt. Diversion, which diverts from Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Babbish Gulch Reservoir, Snowboard Park Reservoir Alt.: The Court decreed this alt. place of storage in 12CW368. Legal Desc.: SW1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., more particularly described as beginning at the mid-pt. of the centerline of said dam whence the W. 1/4 corner of said Sec. 33 bears N. 24 deg., 08 min., 51 seconds W., a distance of 2,167.55 ft.; also described in 11CW111 as being 4,445 ft. from the E. Sec. Line and 655 ft. from the S. Sec. Line of said Sec. 33. Amt.: Up to 5.22 AF, cond. Source: Sunlight Alt. Pt. No. 1, which diverts from Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Remarks: Storage pursuant to the Babbish Gulch Reservoir right in any water year shall not exceed one fill in priority of the decreed 52 AF amt. in all of the decreed places of storage, taking into consideration water remaining in storage in such facilities from the prior water year as part of that one fill. Surface Water Right: Babbish Gulch Reservoir Pond No. 1 Feeder Ditch. Prior Decrees: 93CW196, 96CW201 and 96CW202 (consolidated), 02CW368, 04CW131, 11CW111, 18CW3118 and 18CW3135 all in Dist. Court, Water Div. 5. Legal Desc.: as changed in 19CW3062, a headgate located in the NE1/4 SW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M., UTM Zone 13 NAD 83, Easting 297179 meters, Northing 4363890 meters. Source: Babbish Gulch, which is trib. to Fourmile Creek, trib. to the Roaring Fork River, a trib. to the Colorado River. Amt.: 5.0 c.f.s., cond. Use: to fill the Babbish Gulch Pond No. 1 for subsequent use. Approp. Date: 6/29/1981. Surface Water Right: Sunlight Feeder Ditch. Prior Decrees: 85CW331, 96CW201 and 96CW202 (consolidated), 96CW244, 02CW368, 04CW131 and 11CW111. Legal Desc.: The Pt. of diversion is located in the NE1/4SE1/4, Sec. 36, T. 7 S., R. 90 W., 6th P.M., at a pt. whence the E. 1/4 Corner of said Sec. 36 bears N. 20 deg. 45 min. 0 seconds E. 925 ft.; also described in 11CW111 as being 315 ft. from the E. Sec. Line and 1,755 ft. from the S. Sec. Line of said Sec. 36. The Sunlight Feeder Ditch priority may also be stored at alt. locations, described below. Source: Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Approp. Date: 9/25/1985. Amt.: 1.5 c.f.s., cond. Diversions at the Sunlight Feeder Ditch and its decreed alt. pts. of diversion shall not exceed 1.5 c.f.s. or such portion thereof that is in priority, and the volume of water applied to snowmaking shall not exceed 35 AF per year nor shall snowmaking water be applied to an area in excess of 70 acres (see paragraph 17.A. of 02CW368). Uses: Storage for snowmaking (see 85CW331), direct flow for snowmaking at the Sunlight Alt. Pt. No. 1 (see 96CW244) and direct flow for snowmaking or filling Babbish Gulch Reservoir or the Babbish Gulch Reservoir, Four Mile Snowmaking Pond Alt. for snowmaking uses (see 02CW368). Decreed Alt. Places of Diversion: Babbish Gulch Reservoir Pond No. 2 Feeder Ditch: The Court decreed this alt. pt. of diversion in 18CW3135. Legal Desc.: NE1/4SW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M. UTM Zone 13, Northing 4363616 meters and Easting 297128 meters. Amt.: 1.5 c.f.s., cond. Source: Babbish Gulch, trib. to Four Mile Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Uses: To divert water for the Babbish Gulch Reservoir Pond No. 2 for all uses decreed to the Sunlight Feeder Ditch. Sunlight Alt. Pt. No. 1: The Court decreed this alt. pt. of diversion in 96CW244. Legal Desc.: SW1/4NW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. at a pt. whence the SW corner of Sec. 33 bears S. 15 deg. 0 min., W. 2,900 ft.; also described in 11CW111 as being 4,720 ft. from the E. Sec. Line and 2,815 ft. from the S. Sec. line of said Sec. 33. Amt. and Use: 1.5 c.f.s., of which 0.8 c.f.s. is absolute for direct flow for snowmaking in the SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. (see 11CW111). Sunlight Feeder Ditch, Four Mile Creek Alt. Diversion Pt.: The Court decreed this alt. pt. of diversion in 02CW368. Legal Desc.: a pump station located in the SW1/4 NE1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M. at a pt. 2,550 ft. from the E. Sec. Line and2,100 ft. from the N. Sec. Line of Sec. 32. Amt. and Use: 1.5 c.f.s., of which 0.49 c.f.s. is absolute to fill Babbish Gulch Reservoir Snowmaking Pond Alt. and subsequent release for snowmaking (see 11CW111). First Claim to Make Absolute. Babbish Gulch Reservoir Pond No. 1: Date of beneficial use: 5/14/2018. Amt.: 6.57 AF, absolute. No amt. remains cond. at this changed place of storage under the Babbish Gulch Reservoir priority. Applicant changed 3.43 AF of this water right to the Babbish Gulch Reservoir Pond No. 2 as an alt. place of storage in 18CW3135, and is now claiming that amt. as absolute for the Babbish Gulch Reservoir Pond No. 2 in this Application. Use: Irr., snowmaking, mun., dom., fire prot., rec., aesthetics, and replacement and exchange uses. As-Built Location: the pond was built in the SE1/4 NW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M. UTM Zone 13, NAD 83, Easting 297235 meters, Northing 4364076 meters, as depicted in Exhibit A to application. The pond is 190 ft. from the decreed location. Babbish Gulch Reservoir Pond No. 1 Feeder Ditch. Date of beneficial use: 5/14/2018. Amt.: 0.263 c.f.s., absolute. 4.737 c.f.s. remains cond. Uses: fill the Babbish Gulch Pond No. 1 for subsequent use. Second Claim to Make Absolute. Babbish Gulch Reservoir Pond No. 2. Date of Beneficial Use: 5/8 through 5/22, 2020. Amt.: 8.43 AF, absolute. The amt. claimed is in addition to the 4.33 AF of the Babbish Gulch Reservoir priority previously made absolute; 29.24 AF of the Babbish Gulch Reservoir priority will remain cond. Use: Irr., snowmaking, mun., dom., fire prot., rec., aesthetics, and replacement and exchange uses. Babbish Gulch Reservoir Pond No. 2 Feeder Ditch. Date of beneficial use: 5/8/2020. Amt.: 0.269 c.f.s., absolute. 1.231 c.f.s. of the Sunlight Feeder Ditch priority remains cond. as to the claimed beneficial use. Use: To divert water for the Babbish Gulch Reservoir Pond No. 2 from Four Mile Creek for storage for snowmaking. Landownership CRS § 37-92-302(2)(b)(II): Babbish Gulch Reservoir: United States Forest Service, White River National Forest, 900 Grand Ave., Glenwood Springs, CO 81601; all other structures: Applicant. Pgs, 9, Exhibits 4.
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.