16. PURSUANT TO C.R.S., §37-92-302,

81601 | 04/29/2021 | Ad id: 8-0000681278-01
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16. 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 MARCH 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.
21CW3041 EAGLE COUNTY, Application for Findings of Reasonable Diligence. Applicants: Donna Watson, Donald Nelson, Donna Lou Watson, Adam Mitchell Nelson, Luke David Nelson, Sara Van Vactor, James Cherveny, Michael Ples Kerr, Debby Lynn Devine; please direct all correspondence to Applicants' attorneys: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601, (970)947-1936, Email Me. The Applicants request findings of reasonable diligence with regard to the following conditional water rights: Name of structure: Earl V. Nelson Mountain Creek Ranch Spring. Legal description: The spring is located in the NE1/4 of the NW1/4, Section 9, Township 8 South, Range 84 West of the 6th P.M., 570 feet from the North Section line and 1700 feet from the West section line of Section 9. Source: Spring tributary to Smith Creek, tributary to the Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date: June 30, 1953 for livestock and wildlife watering; November 29, 2006 for irrigation and to fill the Linda J. Nelson Pond described below. Date water applied to beneficial use: June 30, 1953 for watering approximately 50 head of livestock and wildlife watering. Amount: 0.1 c.f.s., absolute for stockwatering and wildlife watering, conditional for irrigation and to fill the Linda J. Nelson Pond described below. Uses: Irrigation of approximately 4 acres within the E1/2 NW1/4 and N1/2 SW1/4 of Section 9, Township 8 South, Range 84 West of the 6th P.M. (conditional). Livestock watering (50 head) and wildlife watering (absolute). To fill the Linda J. Nelson Pond (conditional) as described below. Owner of land upon which point of diversion is located: Applicants. Name of structure: Linda J. Nelson Pond. Legal description: Location of dam: The dam will be located in the NE1/4 of the NW1/4 of Section 9, Township 8 South, Range 84 West of the 6th P.M., 770 feet from the North Section line and 1610 feet from the West Section line of Section 9. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoirs, and legal description of each point of diversion: Earl V. Nelson Mountain Creek Ranch Spring, as described in Paragraph 2 above, and local surface runoff. Source: Earl V. Nelson Mountain Creek Ranch Spring, described in paragraph 4 above, and local surface runoff tributary to Smith Creek, tributary to the Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: November 29, 2006. How appropriation was initiated: Formation of intent to appropriate and site inspection, filing of Application. Amount: 0.04 acre-feet, conditional. Uses: Irrigation of approximately 4 acres within the E1/2 NW1/4 and N1/2 SW1/4 of Section 9, Township 8 South, Range 84 West of the 6th P.M. Recreation, piscatorial, stockwatering and fire protection. Maximum height of dam in feet: less than 10 feet. Length of dam in feet: 20 feet. Total capacity of reservoir in acre-feet: 0.04 acre-feet. Active capacity in acre feet: 0.04 acre-feet. Owners of land on which structure is located: Applicants. The Application includes a detailed description of activities undertaken during the diligence period toward the application of the subject water rights to beneficial use. (5 pages).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MAY 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.