Details for IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO.
IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of October 2020. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which 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 as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. CASE NO. 2020CW3073, DELTA COUNTY, COTTON WOOD CREEK, NORTH FORK OF THE GUNNISON RIVER, GUNNISON RIVER, WATER DIV. NO. 4., Crawford Mesa Water Association, Marici Garber, P.O. Box 261, Crawford, CO 81415, (970) 243-5667, firstname.lastname@example.org, C/O Atty. Kirsten M. Kurath, Williams, Turner & Holmes, P.C., 744 Horizon Court, Suite 115, Grand Junction, CO 81506, (970) 242-6262, email@example.com, Application For Finding of Reasonable Diligence. Name of Structures: Hamilton Springs Nos. 1, 2, 3 and 4, Crawford Mesa Irrigation Season Priority (hereinafter referred to as the "Hamilton Springs"). Orig. Decree: June 16, 1951. Appropriation Date: Appropriation Date: January 1, 1930, Priority No.: K-56. Subsequent Decrees: In Case No. W-2784, the Court entered a decree changing the Hamilton Springs from irrigation to municipal and domestic uses in the amount of 0.1 c.f.s. absolute and 0.9 c.f.s. conditional (the "1979 Decree"). The Court awarded the Hamilton Springs Nos. 2, 3, and 4 the original appropriation date of January 1, 1930 for year round use. The Court also awarded the Hamilton Spring No. 1 the original appropriation date for diversions made from April 16 through October 14 of each year (the "irrigation season"). However, the Court awarded the Hamilton Spring No. 1 the later appropriation date of April 9, 1977 for diversions made from October 15 through April 15 of each year (the "non-irrigation season"). In Cases No. 83 CW 96 and 87 CW 100, the Court entered decrees of reasonable diligence with respect to the entire 0.9 c.f.s. conditional decreed to the Hamilton Springs. In Case No. 93 CW 235, the Court entered a decree making 0.25 c.f.s. of the 0.9 c.f.s. Hamilton Springs conditional water right absolute for use during the non-irrigation season and canceling 0.65 c.f.s. of the conditional water right during both the irrigation and non-irrigation seasons. The decree was originally silent with regard to the remaining 0.25 c.f.s. of the conditional water right awarded during the irrigation season, but was recently modified to continue this right as a conditional water right with a diligence deadline of February, 2001. In Case No. 01 CW 022, the Court entered a decree making 0.20 c.f.s. of the 0.25 c.f.s. Hamilton Springs conditional water right absolute for domestic and municipal uses during the irrigation season and continuing in full force and effect the remaining 0.05 c.f.s conditional water rights for the Hamilton Strings Nos. 1, 2, 3, and 4 for municipal and domestic uses during the irrigation season. This remaining 0.05 c.f.s. is the water right to which this Application relates (the "Water Right"). In Case Nos. 07CW87 and 2014CW3048, the Court entered a decree finding the Applicant had been reasonably diligent in the development of the Water Right and continuing the same. Source: The Hamilton Springs derive their supply of water from springs that are tributary to a draw which is tributary to Cottonwood Creek, tributary to the North Fork of the Gunnison River, tributary to the Gunnison River. Location: The Hamilton Springs are located in Section 8, Township 15 South, Range 91 West, 6th P.M., Delta County, Colorado, see Figure 1 attached, as follows: Hamilton Spring No. 1: Located approximately 395 feet from the East Line and 1,405 feet from the South Line of said Section 8. Hamilton Springs Nos. 2 and 3: Located approximately 410 feet from the East Line and 1,595 feet from the South Line of said Section 8. Hamilton Spring No. 4: Located approximately 580 feet from the East Line and 1,875 feet from the South Line of said Section 8. Use: Domestic and municipal. Amount: 0.05 c.f.s., remains conditional, to be exercised from April 16 to October 14 of each year (the "irrigation season"). Name and Address of Land Owners: The Hamilton Springs are located on land owned by United States of America, Department of Agriculture, Forest Service, 2250 Highway 50, Delta, CO 81416. Water storage tanks are located are located on landed owned by Applicant. Two small storage tanks are located on land owned by Bureau of Land Management, Western Colorado Area Office, 2764 Compass Drive, P. O. Box 60340, Grand Junction, Colorado 81506-0340. The Application contains a detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use during this diligence period. (6 pages) DELTA COUNTY YOU ARE FURTHER NOTIFIED THAT you have until the last day of December, 2020 to file with the Water Clerk a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant's attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $192.00; Forms may be obtained from the Water Clerk's Office or on our website at www.courts.state.co.us). (This publication can be viewed in its entirety on the state court website at: www.courts.state.co.us). FRED CASTLE, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401 Published in the Delta County Independent November 11, 2020. DL-11698