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Gunnison Legals 2

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 2007.
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:
CASE NO. 07CW155.  APPLICATION FOR CHANGE OF WATER RIGHTS AND ALTERNATE POINT OF DIVERSION.  Applicant:  T. Michael Clarke, 1977 County Road 10, Gunnison, CO 81230.  Decreed names of structures for which change is sought:  O’Fallon No. 3 Ditch:  Decreed in CA 1266, dated April 29, 1904, recorded in Record Book H at Page 146 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 93, Priority No. 70, for 2.8 cubic feet of water per second of time out of Cochetopa Creek, appropriation date July 14, 1883; headgate located on the East bank of Cochetopa Creek, a tributary of Tomichi Creek at a point whence the Southwest corner Section 28, Township 49 North, 2 East, New Mexico Principal Meridan, bears South 49º16’ West 1538 feet.  O’Fallon No. 3 Ditch:  Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 167 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 93, Priority No. 234, for 10.20 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date July 14, 1883; headgate located on the East bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point whence the Northwest corner of Section 28, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears North 12º27’56" West 2871.2 feet.  O’Fallon No. 4 Ditch:  Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 213 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 241, Priority No. 238, for 6.50 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date May 8, 1884; headgate located at a point on the West bank of Cochetopa Creek, a tributary of Tomichi Creek, whence the corner of Sections 20, 21, 29, and 28, Township 49 North, Range 2 East,  New Mexico Principal Meridian, bears North 15º50’ West 2094 feet; that the general course of said ditch is northerly; that said ditch is 4389 feet long, 4 feet wide, 1 foot deep, with a grade of 8.7 feet per 1000 feet. Pisel Canals Nos. 1 and 2 Ditches a/k/a O’Fallon No. 2 Ditch: Decreed in CA 1266, dated April 29, 1904, recorded in Record Book H at Page 130 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 66, Priority No. 54 for 2.8 cubic feet of water per second of time and Priority No. 66 for 1.3 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date June 1, 1881; headgate located on the west bank of Cochetopa Creek, a tributary of Tomichi Creek; headgate of No. 1 is at a point whence the East center corner Section 20, Township 49 North, Range 2 East, New Mexico Principal Meridian bears 40º30’ West 715 feet; headgate of No. 2 ditch is at a point whence East center corner of said Section No. 20 bears North 80º30’ West 740 feet; that the general course is westerly.  In case number 92CW92, decreed on July 29, 1993, David Baumgarten and Elizabeth Marcue transferred .02 cfs of their .125 cfs, Priority No. 66, to an augmentation plan for their well.  Pisel Canals No. 1 and 2 Ditches: Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 159 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 66, Priority No. 222 for 4.20 cubic feet of water per second of time out of Cochetopa Creek, Priority No. 230, for 14.70 cubic feet of water per second of time out of the Cochetopa Creek, and the total amount of water to which said ditches are entitled under Priorities Nos. 222 and 230 is 18.7 cubic feet of water per second of time, appropriation date June 1, 1883; headgate of No. 1 being at a point whence the East quarter corner of Section 20 Township 49 North, Range 2 East, New Mexico Principal Meridian, bears North 45º32’ West 813.4 feet; headgate of No. 2 being at a point whence the East center corner of said Section 20, bears North 80º30’ West 740 feet; that the general direction of said ditches is northwesterly; that said No. 1 ditch is approximately 7/8 of a mile long, 3 feet wide at the bottom, 4 feet wide at the top, 3 feet deep, with a grade of 6 feet per mile; that said No. 2 ditch is from 6/10 to 8/10 miles long, 4 feet wide on the bottom, 5 feet wide on the top, and approximately 2.5 feet deep, with a grade of 6 feet per mile.  Rausis Ditch:  Decreed in CA 1266, dated April 29, 2004, recorded in Record Book H at Page 190 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 165, Priority No. 120, for 2.4 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date of May 1, 1897; headgate located on the northeast bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point whence the South quarter corner of Section 17, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears South 26º30’ W 1661 feet; that the general course is northwesterly; that said ditch is 630 feet long, 4 feet wide, 2 feet deep, with a grade of 10.2 feet per mile.  Rausis Ditch:  Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 193 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 165, Priority No. 271, for 5.10 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date May 1, 1897; headgate located on the Northeast bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point whence the South quarter corner of Section 17, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears South 26º30’ W, 1661 feet; that the general course is northwesterly; that said ditch is 630 feet long; 4 feet wide; 2 feet deep; with a grade of 10.2 feet per mile.  Elsen-Cochetopa Ditch:  Decreed in CA 1266, dated April 29, 1904, recorded in Record Book H at Page 166 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 124, Priority No. 93, for 1.2 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date May 31, 1887; headgate located on the Northwest bank of the Cochetopa Creek, a tributary of Tomichi Creek, at a point whence Southwest corner of Section 8, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears  North 40º30’ West 3201 feet; that the general course is westerly; that said ditch is .82 miles long, 5 feet wide, 2 feet deep, with a grade of 10.56 feet per mile.  Elsen-Cochetopa Ditch:  Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 180 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 124, Priority No. 251, for 4.8 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date May 31, 1907; headgate located on the Northwest bank of the Cochetopa Creek, a tributary of Tomichi Creek, at a point whence the Southwest corner of Section 8, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears North 40º30’ West 3201 feet; that the general course of said ditch is westerly; that said ditch is approximately 1/4ths of a mile long, 4 feet wide, 2 feet deep, with a grade of 10.56 feet per mile.  Head and Cortay No. 3 Ditch:  Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 141 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 35, Priority No. 200, for 4.48 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date April 15, 1877; headgate located on the South bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point 1023 feet due south of the Northeast Corner of the SE1/4 SE1/4, Section 7, Township 49 North, Range 2 East, New Mexico Principal Meridian; that the general course of said ditch is westerly; that said ditch is 1.5 miles long, 4 feet wide, 1 foot deep, with a grade of 6 feet per mile.  Head and Cortay No. 3 Ditch:  Decreed in CA 1266, dated April 29, 1904, recorded in Record Book H at Page 110 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 35, Priority No. 31 for 1.12 cubic feet of water per second of time and Priority No. 78 for 0.48 cubic feet per second of time, out of the Cochetopa Creek, appropriation date April 15, 1877; headgate located on the South bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point 1023 feet due south of the Northeast Corner of the SE11/4SE1/2, Section 7, Township 49 North, Range 2 East, New Mexico Principal Meridian; that the general course of said ditch is westerly; that said ditch is 1.5 miles long, 4 feet wide,1 foot deep, with a grade of 6 feet per mile.  Head No. 2 Ditch:  Originally decreed as Head No. 1 Ditch, in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 140 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 34, Priority No. 200, for 1.2 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date April 15, 1877; headgate located on the North or East bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point 900 feet due South from the Northeast corner of the SE1/4SE1/4, Section 7, Township 49 North, Range 2 East, New Mexico Principal Meridian; that the general course of said ditch is northwesterly; that said ditch is .25 of a mile long, 2 feet wide, 2 feet deep, with a grade of 16 feet per mile.  This water right was transferred into what is now the Head No. 2 Ditch in case number W-3414, decreed on October 6, 1978 with an Amended Decree entered on November 30, 1978.  Head No. 2 Ditch:  Originally decreed as Head No. 1 Ditch in CA 1266, dated April 29, 1904, recorded in Record Book H at Page 109 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 34, Priority No. 31, for 0.3 cubic feet of water per second of time out of the Cochetopa Creek, appropriation date April 15, 1877; headgate located on the North or East bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point 900 feet due South from the Northeast corner of the SE1/4 SE1/4, Section 7, Township 49 North, Range 2 East, New Mexico Principal Meridian, that the general course of said ditch is northwesterly; that said ditch is .25 of a mile long, 3 feet wide, 1 foot deep, with a grade of 16 feet per mile.  This water right was transferred into what is now the Head No. 2 Ditch in case number W-3414, decreed on October 6, 1978 with an Amended Decree entered on November 30, 1978.  Rausis No. 2 Ditch:  Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 217 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 247, Priority No. 273, for 3.0 cubic feet of water per second of time out of Cochetopa Creek, appropriation date April 18, 1898; headgate located at a point on Cochetopa Creek, a tributary of Tomichi Creek, from which the Southwest corner of Section 16, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears South 50º35’ East 1565 feet; that the general course of said is northerly; that said ditch is approximately 1/2mile long, 3 feet wide, 1 foot deep, with a grade of 5 feet per mile.  Jennings-Elsen Ditch:  Originally Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 127 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 22, Priority No. 246, for 15.91 cubic feet per second of time out of Tomichi Creek, appropriation date of December 31, 1885; headgate located at a point from which the South quarter corner of Section 8, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears South 21º East 100 feet; that the general course of said ditch is westerly; that said ditch is 1 mile long, 5 feet wide on top, 3 feet wide on the bottom, 1 foot deep, with a grade of 15 feet per mile.  In court case W-3412, decreed on October 6, 1978, 13.61 cfs of this water right was transferred to the Vader Rausis ditch.  This 13.61 cfs was later abandoned by the court in case number 91CW123, decreed December 23, 1992.  Vader Rausis Ditch:  Originally decreed as the Jennings Elsen Ditch (Extensions 1 and 2) in CA 1266 , dated April 29, 1904, recorded in Record Book H at Page 155 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 22, Priority No. 128, for .9 cubic feet per second of time with an, appropriation date of March 1, 1902 and Priority No. 82, for .1 cubic feet per second of time out with an appropriation date of April 1, 1886; headgate located at a point from which the South quarter corner of Section 8, Township 49 North, Range 2 East, New Mexico Principal meridian, bears South 21º East 100 feet; that the general course of said ditch is westerly.  Vader Rausis Ditch:  Originally Decreed in CA 946, dated May 1, 1894, recorded in Record Book E at Page 461 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 22, Priority No. 22, for 118-3/4 statutory inches or 3.09 cubic feet of water per second of time out of Tomichi Creek, appropriation date of December 31, 1885; headgate located at a point from which the South quarter corner of Section 8, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears South 21º East 100 feet.  This water right was transferred to the Vader Rausis Ditch in court case W-3412, decreed on October 6, 1978.  Vader Rausis Ditch:  Originally Decreed in CA 2079 as Extension Nos. 1 and 2 of the Jennings Elsen Ditch, dated April 19, 1943, in Water District 28, Ditch No. 107, Priority No. 247, for .4 cubic feet of water per second, appropriation date April 1, 1886 and Priority No. 279 for 3.6 cubic feet of water per second, appropriation date March 1, 1902; headgate located on the North bank of Tomichi Creek at a point whence the South quarter corner of Section 8, Township 49 North, Range 2 East, N.M.P.M., bears South 21° East 1000 feet; that the general course of said ditch is northwesterly.  Both Priorities, in their entirety, were transferred to the Vader Rausis Ditch in case W-3412, decreed on October 6, 1978.  Vader Rausis Ditch:  Decreed in CA 1266, dated April 29, 1904, recorded in Record Book H at Page 111 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 37, Priority No. 33, for 2.0 cubic feet per second of time out of Tomichi Creek, appropriation date June 1, 1877; headgate located on the right bank of Tomichi Creek, at a point whence the S quarter corner Section 8 Township 49 North, Range 2 East, New Mexico Principal Meridian, bears North 83º37’ West 2456 feet; that the general course of said ditch is northwesterly; that said ditch is  mile long, 4 feet wide, 1 foot deep, with a grade of 10 feet per mile.  Vader Rausis Ditch:  Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 143 of the records of the District Court of the County of Montrose, Colorado, Water District No. 28, Ditch No. 38, Priority No. 201, for 3.75 cubic feet per second of time out of Tomichi Creek, appropriation date June 1, 1877; headgate located on the right bank of Tomichi Creek, at a point whence the South quarter corner Section 8, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears North 83º37’ West 2456 feet; that the general course of said ditch is northwesterly; that said ditch is 1 mile long, 4 feet wide, 2 feet deep, with a grade of 10 feet per mile.  Elsen-Vader Ditch: Decreed in CA 1266, dated April 29, 1904, recorded in Record Book H at Page 112 of the records of the District Court in the County of Montrose, Colorado, Water District No. 28, Ditch No. 38, Priority No. 34, for 5.5 cubic feet per second of time out of the Tomichi Creek, appropriation date July 1, 1877; headgate located on the West bank of the Tomichi Creek, at a point whence the Southeast corner of Section 12, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears South 44º East 1715 feet; that the general course of said ditch is northwesterly; that said ditch is 2 miles long, 3 feet wide, 2 feet deep, with a grade of 15 feet per mile.  Elsen-Vader Ditch: Decreed in CA 2079, dated April 19, 1943, recorded in Record Book C at Page 144 of the records of the District Court in the County of Montrose, Colorado, Water District No. 28, Ditch No. 38, Priority No. 202, for 10.25 cubic feet per second of time out of Tomichi Creek, appropriation date July 1, 1877; headgate located on the West bank of the Tomichi Creek, at a point whence the Southeast corner of Section 16, Township 49 North, Range 2 East, New Mexico Principal Meridian, bears South 44º East 1715 feet; that the general course of said ditch is westerly; that said ditch is 2 miles long, 4 feet wide, 2 feet deep, with a grade of 15 feet per mile.  The applicant proposes to change the points of diversion of the following ditches to their actual points of diversion located as follows:  O’Fallon No. 3 Ditch: To a point in the SE1/4NW1/4SW1/4 of Section 28, Township 49 North, Range 2 East, New Mexico Principal Meridian, 780 feet from the West line and 1560 feet from the South line of said Section 28.  O’Fallon No. 4 Ditch:  To a point in the NW1/4SW1/4NW1/4 of Section 28, Township 49 North, Range 2 East, New Mexico Principal Meridian, 482 feet from the West line and 1982 feet from the North line of said Section 28.  Pisel Canals Nos. 1 and 2 Ditches:  Correct the decree, which states that both No. 1 and 2 Ditches come out of the west bank, to state that Pisel Canal No. 1 is located on the North or East bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point in the NW1/4SW1/4SW1/4 of Section 21, Township 49 North, Range 2 East, New Mexico Principal Meridian, 538 feet from the West line and 835 feet from the South line of said Section 21; and No. 2 is located on the South or West bank of Cochetopa Creek, a tributary of Tomichi Creek, at a point in the SE1/4NW1/4SW1/4, 653 feet from the West line and 1840 feet from the South line of said Section 21.  Rausis Ditch:  To a point in the SW1/4NW1/4SE1/4 of Section 17, Township 49 North, Range 2 East, New Mexico Principal Meridian, 2572 feet from the East line and 1350 feet from the South line of said Section 28.  Elsen Cochetopa Ditch:  To a point in the SE1/4SE1/4NW1/4 of Section 17, Township 49 North, Range 2 East, New Mexico Principal Meridian, 2006 feet from the West line and 2381 feet from the North line of said Section 17.  Head and Cortay No. 3 Ditch:  To a point in the SE1/4SE1/4SE1/4 of Section 7, Township 49 N, Range 2 East, New Mexico Principal Meridian, 35 feet from the East line and 265 feet from the South line of said Section 7.  Head No. 2 Ditch:  To a point in the SE1/4SE1/4SE1/4 of Section 7, Township 49 North, Range 2 East, New Mexico Principal Meridian, 33 feet from the East line and 317 feet from the South line of said Section 7.  Rausis No. 2 Ditch:  To a point in the NW1/4SE1/4SE1/4 of Section 17, Township 49 North, Range 2 East, New Mexico Principal Meridian, 1226 feet from the East line and 1069 feet from the South line of said Section 17.  Jennings-Elsen Ditch:  To a point in the SE1/4SE1/4SW1/4 of Section 8, Township 49 North, Range 2 East, New Mexico Principal Meridian, 2553 feet from the West line and 507 feet from the South line of said Section 8.  Elsen-Vader Ditch:  To a point in the NW1/4SE1/4SE1/4 of Section 16, Township 49 North, Range 2 East, New Mexico Principal Meridian, 788 feet from the East line and 1264 feet from the South line of said Section 16.  Applicant proposes the following alternate points of diversion:  Rausis No. 2 Ditch Alt Pt:  Applicant proposes to use the Rausis No. 2 Ditch Alt Pt. As an alternate point for water rights decreed to the Rausis No. 2 Ditch.  The proposed location would be at a point in the NW1/4NE1/4NW1/4 of Section 17, Township 49 North, Range 2 East, New Mexico Principal Meridian, 1445 feet from the West line and 210 feet from the North line of said Section 17.   Jennings Elsen Ditch: The Jennings-Elsen Ditch water rights were transferred to the Vader-Rausis Ditch after a flash flood washed out the ditch.  Applicant proposes to alternate the original water back to the Jennings Elsen Ditch to be utilized in the fall while haying and to irrigate the Jenning Elsen Ditch property in the spring.  After spring irrigation, when the Vader-Rausis Ditch is shut off, the Jennings Elsen Ditch will be turned on to irrigate the pasture.  No changes in the amount of water rights are proposed.  The same land will be irrigated under this proposed change of water rights.  Name and address of owner of the land on which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any existing storage pool:  There will be no new structures or storage. 
GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of December 2007, to file with the Water Clerk, in quadruplicate, 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:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401.
Published in the
Crested Butte News Issue of November 9, 2007 #110909

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