1. PURSUANT TO C.R.S., §37-92-302,81602 | 02/25/2021 | Ad id: 8-0000662163-01
1. 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.
2021CW3000 EAGLE COUNTY, COLORADO, UNNAMED TRIBUTARY TO THE FRYING PAN RIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name and address of Applicant: Karinga Investments Limited, Warwick Mowbray, PO Box 1657, Basalt, Colorado 81621. Please direct all correspondence, motions and pleadings to Michael J. Sawyer, #32313, KARP NEU HANLON, P.C., 201 14th Street, Suite 200, P. O. Drawer 2030, Glenwood Springs, CO 81602 (970) 945-2261. Name of structure: King Ranch Ditch No. 2. Date of original decree: June 20, 1958 in Civil Action No. 4613 in the Garfield County District Court. Subsequent decrees awarding findings of diligence: Case No. 06CW160 on September 20, 2008 and Case No. 2014CW3105 on January 18, 2015. Legal description: The headgate and point of diversion of said ditch is located in Eagle County, Colorado, at a point on the Westerly bank of an unnamed tributary to the Frying Pan River whence the Northeast Corner of Section 7, Township 8 South, Range 85 West of the 6th P.M. bears North 81º37' East 2,624.9 feet. The King Ranch Ditch No. 2 is more particularly described as follows: In the NE1/4 of the NW1/4 of Section 7, Township 8 South, Range 85 West of the 6th P.M., at a point 388 feet from the North section line and 2,596 feet from the West section line of said Section 7. Source: An unnamed tributary to the Frying Pan River, a tributary to the Roaring Fork River, a tributary to the Colorado River. Appropriation date: March 29, 1957. Amount: 6.05 c.f.s., conditional. Amount owned by Applicant: 73.5% (which is approximately 4.45 c.f.s.). Uses: Piscatorial and aesthetic. The water right was originally decreed as piscatorial and "other beneficial uses". In Case No. 06CW160, the court directed applicant to gather evidence to support what "other beneficial uses" were. The applicant agreed to cancel "other beneficial uses" and substitute "aesthetic" as a more specific use. The court adopted this clarification for the applicant's interest of the water right. Claim for diligence: Applicant requests a finding of diligence for 6.05 c.f.s., conditional, for the King Ranch Ditch No. 2 for piscatorial and aesthetic purposes. Names and addresses of owners of land upon which the structure is located: Applicant. Diligence activities: The Application contains an exhibit depicting the location of the structures and a detailed outline of what has been done by Applicant during the diligence period toward or for completion of the appropriation and application of the conditional water rights to beneficial use as decreed, including expenditures which are on file with the Water Court (6 pp. with 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.