5. PURSUANT TO C.R.S., §37-92-302,

81601 | 02/25/2021 | Ad id: 8-0000662140-01

5. 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.
Application for Finding of Reasonable Diligence. Applicant: La Jolla Development Company d/b/a McCabe Ranch c/o Sara M. Dunn and Erika S. Gibson, Balcomb & Green, P.C. P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. A map depicting the structure location is attached as Figure 1 to the application. Structure: McCabe Pond No. 22. Prior Decrees: Case No. 06CW128 and Case No. 14CW3092. Legal Description: The McCabe Pond No. 22 is located in the SE1/4 of the SW1/4 of Sec. 5, T. 9 S., R. 86 W., 6th P.M., the outlet of which is located at a pt. 484 ft. from the S. line of said Sec. 5 and 2,554 ft. from the E. line of said Sec. 5. Source: Capitol Creek, trib. to Snowmass Creek, trib. to the Roaring Fork River, trib. to the Colorado River. Date of Approp.: 5/8/2006. Amt.: 1.0 AF, cond. Use: Irr., rec., pisc., fire prot. and stock watering. Properties of Dam: Max. Height of Dam: 9 ft. Length of Dam: 100 ft. Total Capacity: 1.0 AF. Total Surface Area at Full Capacity: 0.2 acres. Active capacity and dead storage shall be determined upon making the subject water right absolute and installation of a low level outlet capable of releasing water from the pond via gravity flow. Name and Capacity of Ditch to fill Pond: Green Meadow Ditch, with an estimated capacity of 20.0 c.f.s. Remarks: The pond is filled in priority with water diverted from Capitol Creek through the Green Meadow Ditch. The approp. date for filling the pond is the same as the pond priority. The max. rate of fill for the pond is 0.5 c.f.s. Irr. from the pond occurs under the Applicant's Green Meadow Ditch water rights. The pond acts as a pump forebay to allow diversion of Green Meadow Ditch water flowing through the pond. The Applicant does not utilize the active capacity of the pond for irr. Integrated Water Supply System: Applicant requests confirmation that the McCabe Pond No. 22 is an integral feature of the existing and future water system to supply the McCabe Ranch. McCabe Ranch is a mixed-use development with an equestrian center, single-family residential lots, irrigated pastures and grazing lands. McCabe Ranch is supplied by multiple water supplies in addition to McCabe Pond No. 22, including wells springs, ponds and irr. ditches as illustrated on Figure 1 attached to application. The Green Meadow Ditch is the primary source of irr. on the McCabe Ranch and the source of water for the McCabe Pond No. 22. Because of this connection, the subject water right is a feature of the Applicant's water system. "When a project or integrated 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 sown in the development of water rights for all features of the entire project or system." C.R.S. § 37-92-301(4)(b). Diligence Activities: Examples of work done and expenditures made to establish diligence are on file with this court. Land ownership per C.R.S.§ 37-92-302(2)(B)(II): Applicant. 5 pgs.; Exhibits 1.
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.