Gunnison Legals

January 14, 2009 1,198 Views

—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

—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

—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN ATER APPLICATIONS IN SAID WATER DIVISION NO. 4

—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 December 2008.
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. 2008CW180. District Court, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401. Name, address and telephone number of Applicant: Jackson-Shaw / Taylor River Ranch, LLC a Colorado limited liability company, 4890 Alpha Road, Suite 100, Dallas, TX 75244, (972) 628‑7429. (Send all pleadings to John R. Hill, Jr., Bratton Hill Wilderson & Lock, LLC, 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230 (970) 641-1903).
Description of the project: The setting: Taylor River Ranch is a proposed housing and recreational development which will require water for domestic, fishery, aesthetic, fire protection, irrigation, livestock, and commercial purposes. Taylor River Ranch is located approximately 15 miles northeast of the City of Gunnison in Gunnison County, Colorado in the Taylor River Canyon downstream of the confluence with Spring Creek. The property is approximately 2,000 acres in size. The existing land use for the project area is agriculture (hay production and livestock grazing). Existing vegetation on the project area is irrigated hay meadow (approximately 305 acres), with the remainder being non-irrigated native grass, brush, and woodland. Residential Lots and Ranch Headquarters: Currently there are 27 platted lots on the property, 24 of which are individual residential lots, each 35-acres or larger, and 3 common use lots. Applicant plans to add 4 additional residential lots. Each residential lot will have no more than 3 residences and up to one acre of lawn and garden will be served by an exempt well. Lots with more than one acre of irrigation will be irrigated with surface water in addition to well water. Well permits will be acquired for the individual residential lots prior to construction of any wells. A new ranch headquarters will be constructed on a 35-acre parcel which currently has an exempt well permit. Owners Complex: An owners complex will be constructed on a 35-acre lot to be known as the owners lot. The owners complex will require a non-exempt well which will provide water for domestic, irrigation, and commercial uses for the residents of Taylor River Ranch and their guests. This well will require a well permit and an approved plan for augmentation. Amenities: Two lined stream channels and ten lined ponds will be constructed on the property for piscatorial, aesthetic, recreational, irrigation, stockwater, augmentation, and fire protection purposes. The streams and ponds will require augmentation to replace depletions due to evaporation. The ponds will require storage rights for initial fill and for refill when drained for maintenance. Ranch Operations: The ranch will continue to be irrigated for pasture and production of hay, except for areas dried up as a result of construction of roads, buildings, and other amenities. CLAIM NO. 1 (Application for Conditional Underground Water Right B Owners Well) Name of Well: Owners Well. Legal description of well: At a point in the SE1/4SE1/4 Section 29, Township 15 South, Range 84 West, 6th P.M. approximately 715 feet from the south line and 550 feet from the east line of said Section 29. Source: Taylor River Alluvium. Depth: To be determined. Date of appropriation: December 29, 2008. How appropriation was initiated: Formation of intent to appropriate manifested by filing of application for conditional water right. Amount claimed: 30 gpm conditional. Proposed use: a.)Irrigation: 20,000 square feet of lawn and garden located in the SE1/4SE1/4, Section 29, Township 15 South, Range 84 West, 6th P.M. b.) Non-irrigation: Domestic for two private seasonal cabins. Commercial for the following private facilities: 3000 square foot club house, 1400 square foot Spa & Fitness Center, 1200 square foot recreation cabin, 500 square foot picnic structure with unisex toilet, and 1400 square foot outdoor swimming pool. One annual filling of swimming pool (pool volume equals 8400 cubic-feet). CLAIM NO. 2 (Application for Absolute Surface Right B Rarick Irrigating Ditch) Name of structure: Rarick Irrigating Ditch. Description of point of diversion: At the intersection of Rarick Gulch with the Spring Creek Irrigating Ditch in the SW1/4NE1/4, Section 28, Township 15 South, Range 84 West, 6th P.M., at a point approximately 1557 feet from the north line and 2243 feet from the east line of said Section 29. Source: Rarick Gulch, tributary to the Taylor River. Amount claimed: 25 cfs, absolute. Date of appropriation: June 1,1891 based upon date of appropriation for Spring Creek Irrigating Ditch. How appropriation was initiated: Actual beneficial use of the claimed water for irrigation resulting from the Spring Creek Irrigating Ditch intercepting the flow of Rarick Gulch and distributing it through the Spring Creek Irrigating Ditch and irrigation of land under that ditch. Date water applied to beneficial use: June 1, 1891. Use: Irrigation. Number of acres historically irrigated: 144 acres. Legal description of irrigated acreage: SE1/4NW1/4, SW1/4NE1/4 and SW1/4, Section 28; SE1/4, Section 29, Township 15 South, Range 84 West, 6th P.M. Remarks: Spring Creek Irrigating Ditch has diverted the flow of Rarick Gulch for irrigation ever since the construction of the ditch intercepted the gulch. CLAIM NO. 3 (Application for Conditional Surface Right B Spring Creek Irrigating Ditch Second Enlargement) Name of structure: Spring Creek Irrigating Ditch Second Enlargement. Description of point of diversion: At the headgate of the Spring Creek Irrigating Ditch in the NW1/4SW1/4, Section 22, Township 15 South, Range 84 West, 6th P.M. The decreed location for the headgate of the Spring Creek Irrigating Ditch is on the right bank of Spring Creek, at a point from which the northeast corner Section 25, Township 15 South, Range 85 West, 6th P.M., bears S 84° 20’ W, 3 miles and 21 chains (17,226 feet). An alternate point of diversion for the Spring Creek Irrigating Ditch Second Enlargement is at the headgate of the Rarick Irrigating Ditch which is located at the intersection of the Spring Creek Irrigating Ditch with Rarick Gulch in the SW1/4NE1/4, Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately1557 feet from the north section line, and 2243 feet from the east section line of said Section 28. Source of primary point of diversion: Spring Creek, tributary to the Taylor River. Source of alternate point of diversion: Rarick Gulch, tributary to the Taylor River. Amount claimed: 30 cfs, conditional. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Proposed use: Piscatorial, recreation, aesthetic and to fill and maintain the levels in Ponds A – F. Remarks: a.) Water diverted by the Spring Creek Irrigating Ditch Second Enlargement will flow down the existing Spring Creek Irrigating Ditch for a distance of approximately 7,000 feet, and then at the confluence with Rarick Gulch continue into a newly constructed channel known as the Fishing Stream on property owned by the applicant. Water will also flow from the Ditch into a newly constructed channel known as the Amenity Stream on property owned by the applicant. The Spring Creek Irrigating Ditch Second Enlargement will be used during the irrigation season to the extent and at such times that ditch capacity is available over and above the amounts diverted for presently decreed irrigation use, and during the non-irrigation season when ditch and headgate conditions are suitable. b.) The capacity of the Fishing Stream will be 35 cfs and the capacity of the Amenity Stream will be 5 cfs. c.) The point at which water diverted by the Spring Creek Irrigating Ditch Second Enlargement will return to the Taylor River will be located at the terminus of the Fishing Stream where it joins the Taylor River in the SW1/4SE1/4, Section 29, Township 15 South, Range 84 West, 6th P.M. at a point approximately 31 feet from the south section line and 1421 feet from the east section line of said Section 29. CLAIM NO. 4 Application for Conditional Surface Right B Taylor Pipeline) Name of structure: Taylor Pipeline. Description of point of diversion: The intake for the Taylor Pipeline will be located on the right bank of the Taylor River within the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2511 feet from the south section line, and 604 feet from the east section line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 10 cfs conditional. Proposed use: Piscatorial, recreation, aesthetic and to fill and maintain the levels in Ponds A – F. Remarks: a.) The Taylor Pipeline will be used to pump, transport and discharge water to two locations: 1) Into the beginning of the Fishing Stream, and 2) Into a southern lateral of the Spring Creek Irrigating Ditch, which water will then flow into a constructed channel known as the Amenity Stream. b.) The point of discharge of the Taylor Pipeline into the beginning of the Fishing Stream will be located at the intersection of the Spring Creek Irrigating Ditch with Rarick Gulch in the SW1/4NE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M., at a point approximately 1557 feet from the north line and 2243 feet from the east line of said Section 28. c.) The point of discharge of the Taylor Pipeline into the southern lateral of the Spring Creek Irrigating Ditch will be located in the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2514 from the south line and 942 feet from the east line of said Section 28. d.) The point at which all water diverted by the Taylor Pipeline will return to the Taylor River will be located at the confluence of the Fishing Stream and the Taylor River in the SW1/4SE1/4 Section 29, Township 15 South, Range 84 West, 6th P.M. at a point approximately 31 feet from the south section line and 1421 feet from the east section line. e.) The Taylor Pipeline will be used fill and maintain the level in Ponds A, B, C, D, E, and F via the Amenity Stream. CLAIM NO. 5 (Application for Conditional Surface Right B Pond G Pipeline) Name of structure: Pond G Pipeline. Description of point of diversion: The intake for the Pond G Pipeline will be located on the left bank of the Taylor River within the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 666 feet from the south line and 809 feet from the west line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 0.65 cfs conditional (based upon a sprinkler irrigation requirement of 25 gpm per irrigated acre). Proposed use: Irrigation of 11.5 acres in the S1/2SW1/4SW1/4 Section 28, and N1/2NW1/4NW1/4 Section 33, Township 15 South, Range 84 West, 6th P.M. CLAIM NO. 6 (Application for Conditional Surface Right B Pond I Pipeline) Name of structure: Pond I Pipeline. Description of point of diversion: The intake for the Pond I Pipeline will be located on the right bank of the Taylor River within the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2511 feet from the south section line and 604 feet from the east section line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 0.42 cfs, conditional (based upon a flood irrigation requirement of 50 gpm per irrigated acre). Proposed use: Irrigation of 3.75 acres located in the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. CLAIM NO. 7 (Application for Conditional Surface Right B Rarick Ditch No. 1) Name of structure: Rarick Ditch No. 1. Description of point of diversion: At a point in the NW1/4NE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. approximately 290 feet from the north line and 1950 feet from the east line of said Section 28. Source: Rarick Gulch, tributary to the Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 0.85 cfs conditional. Proposed use: Irrigation of 7.62 acres in the NW1/4NE1/4 and NE1/4NW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. CLAIM NO. 8 (Application for Conditional Storage Rights-Ponds A-F) Applicant claims conditional storage rights in six off channel lined reservoirs named Ponds A, B, C, D, E and F. The ponds are located in Township 15 South, Range 84 West, 6th P.M. The ponds will be used for piscatorial, recreational and fire protection purposes. In addition, Pond F will be used to store water to replace depletions resulting from irrigation, commercial, domestic, and pond evaporation uses. The combined storage capacity of the six reservoirs is 28.73 acre-feet and the total surface area at high water line is 4.53 acres. Specific details for each reservoir are contained in the following: 1.) Pond A is located in the NW1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 1611 feet from the south line and 2050 feet from the east line of said Section 28. The storage volume of Pond A is 8.25 acre-feet all of which is dead storage. The surface area at high water line is 1.39 acres, average depth is 5.9 feet height of dam is 2 feet and length of dam is 400 feet. 2.) Pond B is located in the NW1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 1511 feet from the south line and 2205 feet from the east line of said Section 28. The storage volume of Pond B is 1.51 acre-feet all of which is dead storage. The surface area at high water line is 0.40 acres, average depth is 3.8 feet, height of dam is 4 feet and length of dam is 600 feet. 3.) Pond C is located in the SW1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 1108 feet from the south line and 2442 feet from the east line of said Section 28. The storage volume of Pond C is 4.35 acre-feet all of which is dead storage. The surface area at high water line is 0.80 acres, average depth is 5.4 feet, height of dam is 4 feet and length of dam is 700 feet. 4.) Pond D is located in the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 924 feet from the south line and 374 feet from the west line of said Section 28. The storage volume of Pond D is 0.31 acre-feet all of which is dead storage. The surface area at high water line is 0.24 acres, average depth is 1.3 feet, height of dam is 5 feet and length of dam is 515 feet. 5.) Pond E is located in the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 724 feet from the south line and 135 feet from the west line of said Section 28. The storage volume of Pond E is 1.00 acre-feet all of which is dead storage. The surface area at high water line is 0.30 acres, average depth is 3.3 feet, height of dam is 4 feet and length of dam is 340 feet. 6.) Pond F is located in the SE1/4SE1/4 Section 29, Township 15 South, Range 84 West, 6th P.M. at a point approximately 419 feet from the south line and 576 feet from the east line of said Section 29. The storage volume of Pond F is 13.31 acre-feet of which 8.56 acre-feet is live storage. The surface area at high water line is 1.40 acres, average depth is 9.51 feet, height of dam is 6 feet and length of dam is 400 feet. 7.) Name and capacity of structures used to fill reservoirs: Spring Creek Irrigating Ditch Second Enlargement – 43.3 cfs, Redden Elsinore Ditch – 14 cfs and Taylor Pipeline – 10 cfs. 8.) Legal description of point of diversion: a.) The headgate of the Spring Creek Irrigating Ditch is described above. b.) The headgate of the Redden Elsinore Ditch is located in the NE1/4SE1/4, Section 28, Township 15 South, Range 84 West, 6th P.M. The decreed location for the headgate of the Redden Elsinore Ditch is on the right bank of the Taylor River, at a point from which the east 1/4 corner of Section 28, Township 15 South, Range 84 West, 6th P.M. bears N 73° 13’ E, 635 feet. c.) The intake for the Taylor Pipeline will be located on the right bank of the Taylor River within the NE1/4SE1/4, Section 28, Township 15 South, Range 84 West, 6th P.M., 2511 feet from the south section line and 604 feet from the east section line. The source for the Spring Creek Irrigating Ditch is Spring Creek a tributary of the Taylor River and the source for the Redden Elsinore Ditch and Taylor Pipeline is the Taylor River. The rate of diversion for filling reservoirs: 5.0 cfs conditional. Dates of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Remarks: a.) Ponds A, B, C, D, E, and F will be excavated in the alluvium of the Taylor River. All of the ponds will be lined with an impermeable membrane and will be isolated from groundwater. b.) The ponds will be filled under free river conditions during spring runoff. Thereafter, the ponds will normally be kept full throughout the year and will act as flow-through ponds continuously being refilled by the Spring Creek Irrigating Ditch, the Redden Elsinore Ditch, and the Taylor Pipeline unless curtailed by downstream senior water rights. CLAIM NO. 9 (Application for Conditional Storage Rights BPond G) Name of reservoir: Pond G. Legal description of reservoir: In the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point 113 feet from the south section line and 612 feet from the west section line of said Section 28. Parcel on which reservoirs are located: Taylor River Ranch. Pond G will be an off-channel reservoir. Name and capacity of structures used to fill reservoir: Pond G Pipeline: 0.65 cfs, conditional. Legal description of point of diversion: The intake for the Pond G Pipeline will be located on the left bank of the Taylor River within the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 666 feet from the south section line, and 809 feet from the west section line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 8 acre-feet, conditional. Rate of diversion for filling reservoir: 0.65 cfs. Use: Pond G will be used for irrigation, piscatorial, recreational, and fire protection purposes. Number of acres historically irrigated: None. Number of acres proposed to be irrigated: 11.5 acres in the S1/2SW1/4SW1/4 Section 28 and N1/2NW1/4NW1/4 Section 33, Township 15 South, Range 84 West, 6th P.M. Surface area at high water line: 1.50 acres. Maximum height of dam: 5 feet. Length of dam: 400 feet. Total capacity of reservoir: 8 acre-feet all of which is live storage. Remarks: Pond G will be excavated in the alluvium of the Taylor River. The pond will be lined with an impermeable membrane and will be isolated from groundwater. The pond will be filled under free river conditions during spring runoff. Thereafter, the pond will normally be kept full throughout the year and will act as a flow-through pond continuously being refilled by the Pond G Pipeline unless curtailed by downstream senior water rights.
CLAIM NO. 10 (Application for Conditional Storage Rights BPond H) Name of reservoir: Pond H. Legal description of reservoir: In the SW1/4NW1/4 Section 33, Township 15 South, Range 84 West, 6th P.M. at a point approximately 1507 feet from the north section line and 1282 feet from the west section line of said Section 33. Parcel on which reservoir is located: Taylor River Ranch. Source: Pond H will be located on an unnamed stream in the W1/2 of Section 33, Township 15 South, Range 84 West, 6th P.M., tributary to the Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007.
Amount claimed: 8 acre-feet conditional. Use: Pond H will be used for livestock, piscatorial, recreational, and fire protection purposes. Surface area at high water line: 1.5 acres. Maximum height of dam: 10 feet. Length of dam: 200 feet. Total capacity of reservoir: 8 acre-feet all of which is live storage. Remarks: Pond H will be lined with an impermeable membrane. The pond will be filled under free river conditions during spring runoff. CLAIM NO. 11 (Application for Conditional Storage Rights BPond I) Name of reservoir: Pond I. Legal description of reservoir: In the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2024 feet from the south section line and 216 feet from the east section line of said Section 28. Parcel on which reservoirs are located: Taylor River Ranch. Pond I will be an off-channel reservoir. Name and capacity of structures used to fill reservoir: Pond I Pipeline: 0.42 cfs. Legal description of point of diversion: The intake for the Pond I Pipeline will be located on the right bank of the Taylor River within the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2511 feet from the south section line and 604 feet from the east section line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 4.0 acre-feet, conditional. Rate of diversion for filling reservoir: 0.42 cfs. Use: Pond I will be used for irrigation, piscatorial, recreational, and fire protection purposes. Number of acres historically irrigated: None. Number of acres proposed to be irrigated: 3.75 acres in the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. Surface area at high water line: 0.75 acres. Maximum height of dam: 3.0 feet. Length of dam: 200 feet. Total capacity of reservoir: 4.0 acre-feet all of which is live storage. Remarks: Pond I will be lined with an impermeable membrane and will be isolated from groundwater. The pond will be filled under free river conditions during spring runoff. Thereafter, the pond will normally be kept full throughout the year and will act as a flow-through pond continuously being refilled by the Pond I Pipeline unless curtailed by downstream senior water rights. CLAIM NO. 12 (Application for Conditional Storage Rights BPond J) Name of reservoir: Pond J. Legal description of reservoir: In the NW1/4NE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 290 feet from the north section line and 1950 feet from the east section line of said Section 28. Parcel on which reservoirs are located: Taylor River Ranch. Pond J will be an on-channel reservoir. Source: Rarick Gulch, tributary to the Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 1.50 acre-feet, conditional. Use: Pond J will be used for irrigation, piscatorial, recreational, and fire protection purposes. Number of acres historically irrigated: None. Number of acres proposed to be irrigated: 7.62 acres in the NW1/4NE1/4 and NE1/4NW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. Surface area at high water line: 0.3 acres. Maximum height of dam: 10 feet. Length of dam: 200 feet. Total capacity of reservoir: 1.5 acre-feet all of which is live storage. Remarks: Pond J will be lined with an impermeable membrane. The pond will be filled under free river conditions during spring runoff. CLAIM NO. 13 (Application for Change of Water Right Spring Creek Irrigating Ditch) Name of structure for which change is sought: Spring Creek Irrigating Ditch. The Spring Creek Irrigating Ditch was decreed on October 25, 1921 in Civil Action No. 1635 for 10 cfs for irrigation under Priority 186 with appropriation date of June 1, 1891, and on April 29, 1941 in Civil Action No. 2021 for 33.3 cfs for irrigation under Priority No. 303 with appropriation date of June 15, 1882, all out of Spring Creek, a tributary of the Taylor River. The headgate of the Spring Creek Irrigating Ditch is as described above. Historic diversions by the Spring Creek Irrigating Ditch: The average recorded diversion amounts for each month of the irrigation season for 1975 B 2007 are shown below along with the average rate of diversion for the month. [Table omitted here was filed with the application. For a copy contact Anita Peterson (apeterson@brattonhill.com) at Bratton Hill Wilderson & Lock, LLC.] The maximum flow recorded through the ditch for this period was 51.7 cfs on June 1, 1998. Proposed changes: Applicant proposes to: a.) Change the place of use from a total of 6.55 acres in the SE1/4NW1/4 and S1/2 Section 28 Township 15 South, Range 84 West, 6th P.M. to 2.45 acres in the NE1/4SW1/4SW1/4 and NE1/4NW1/4SE1/4 Section 28 Township 15 South, Range 84 West, 6th P.M. b.) Add an alternate point of diversion of 0.81 cfs of Priority 186 and 2.71 cfs of Priority 303 to the Taylor Pipeline located as described above. Amounts to be diverted are shown in Exhibit 5. [Exhibit 5 filed with application. For a copy contact Anita Peterson (apeterson@brattonhill.com) at Bratton Hill Wilderson & Lock, LLC.]. Remarks: 6.55 acres of historically irrigated lands will be dried up as a result of construction of roads and buildings for the Taylor River Ranch Project. The new place of use will be 2.45 acres of landscape irrigation in lots 8 and 15 of Taylor River Ranch which were not irrigated in the past. No change in point of diversion will be required. Return flows will return to the Taylor River at approximately the same locations as in the past. Addition of the alternate point of diversion will not, by itself, result in any change in place or type of use. CLAIM NO. 14 (Application for Change of Water RightBRedden Elsinore Ditch) Name of structure for which change is sought: Redden Elsinore Ditch. The Redden Elsinore Ditch was decreed on January 27, 1961 in Case No. 5590 for 14 cfs for irrigation out of the Taylor River under Priority 550 with appropriation date of June 1, 1934. The headgate of the Redden Elsinore Ditch is described above. Historic diversions by the Redden Elsinore Ditch: The average recorded diversion amounts for each month of the irrigation season for 1975 – 2007 are shown below along with the average rate of diversion for the month. [Table omitted here was filed with the application. For a copy contact Anita Peterson (apeterson@brattonhill.com) at Bratton Hill Wilderson & Lock, LLC.] The maximum flow recorded through the ditch for this period was 17.2 cfs on June 15, 1999. Proposed changes: Applicant proposes to: a.) Change the place of use from a total of 3.57 acres in the SW1/4SW1/4 Section 28 and SE1/4SE1/4 Section 29, Township 15 South, Range 84 West, 6th P.M. to 2.69 acres in the NE1/4SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. b.) Add an alternate point of diversion for 3.55 cfs of Priority 550 to the Taylor Pipeline located as described above. Amounts to be diverted are shown in Exhibit 5. Remarks: a.) the place of use will be changed for 2.69 acres of irrigated lands under the Redden Elsinore Ditch. 3.57 acres of historically irrigated lands will be dried up as a result of construction of roads, buildings, and lined ponds for the Taylor River Ranch Project. The new place of use will be 2.69 acres of landscape irrigation in lot 7 of Taylor River Ranch which were not irrigated in the past. No change in point of diversion will be required. Return flows will return to the Taylor River at approximately the same locations as in the past. b.) Addition of the alternate point of diversion will not, by itself, result in any change in place or type of use. The intake for the Taylor Pipeline will be constructed at the same location as the headgate of the Redden Elsinore Ditch. CLAIM NO. 15 (Application for Approval of Plan for Augmentation) Applicant proposes to augment the out of priority depletions occurring downstream of the Wayne N. Aspinall Unit resulting from diversions into the following structures by participation in the Upper Gunnison River Water Conservancy District plan for augmentation for which approval is pending in Case No. 03CW49: a.) Spring Creek Irrigating Ditch (limited to 0.81 cfs of diversions under Priority No. 186 and 2.71 cfs of diversions under Priority No. 303). b.) Spring Creek Irrigating Ditch Second Enlargement. c.) Redden Elsinore Ditch (limited to 3.55 cfs of diversion under Priority No. 550). d.) Ponds A, B, C, D, E, F, G, I and J (pond evaporation only) Depletions from surface evaporation for Ponds A-F will be by exchange to Spring Creek Irrigating Ditch Second Enlargement and Taylor Pipeline. f.) Owners Well. g.) Pond G Pipeline. h.) Pond I Pipeline. Rarick Ditch No. 1. Augmentation of Owners Complex. The water supply for the Owners Complex will be the Owners Well. The Owners Complex will consist of irrigation, domestic and commercial uses (limited to owners and guests) as follows: a.) Two approximately 1,550 square foot cabins for use of guests and residents on an occasional basis (domestic use). b.) A 3,000 square foot clubhouse which will serve an average of 10 persons per day with the capability of hosting events with 100 persons in attendance occasionally (commercial use). c.) A 1,400 square foot Spa and Fitness Center with an average of 10 people per day using it (commercial use). d.) A 1,200 square foot recreation cabin with an average usage of 10 people per day . (commercial use). e.) A 500 square foot picnic structure (Liar’s Porch) with a unisex toilet with an average of 5 people per day using it (commercial use). f.) An outdoor swimming pool of 1400 square feet surface area and average 6 feet deep, volume 8400 cubic feet or 0.193 acre-feet. g.) 20,000 square feet of lawn and garden irrigation from the well around the ranch house and cabins. The total average in-house commercial use by 35 persons per day at 30 gpd per person is 1050 gpd. See Table 1 of AGuidelines on Individual Sewage Disposal Systems,@ revised 2000, which is attached to the UGRWCD Aspinall Substitute Supply Plan. The use category in the table which most closely resembles the uses planned for the Ranch House is ACountry Clubs.@ No full time employees are planned. The cabins and ranch house are planned to be occupied only on an intermittent basis, principally during the summer months. However, the estimates of water requirements presented in this report are based upon year-round occupancy and use. Proposed annual diversions will total 3.12 acre-feet and total depletions are estimated to be 1.19 acre-feet. Applicant proposes to replace the 1.19 acre-feet of depletions by exchange upstream from Blue Mesa Reservoir pursuant to Upper Gunnison River Water Conservancy District plan for augmentation for which approval is pending in Case No. 03CW49 or, when exchange opportunity does not exist, by releases from Pond F. Name(s) and address(es) of owner(s) or reputed owners of the land upon 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 modification to the existing storage pool: Applicant, see first paragraph. GUNNISON AND MONTROSE COUNTIES.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 2009, 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: $158.00; 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 January 16, 2009. #011608

—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

—AGENDA—
JANUARY 14, 2009
GUNNISON BASIN SAGE-GROUSE STRATEGIC COMMITTEE
GRAZING MANAGEMENT RESEARCH SUBCOMMITTEE
Blackstock Government Center Meeting Room
221 N. Wisconsin Street, Gunnison, CO

DATE:    January 14, 2009
PLACE:    Blackstock Government Center Meeting Room
    221 N. Wisconsin Street
    Gunnison, CO
1. 8:30 a.m.    ●    Work session – Gunnison Sage-grouse/Grazing Project Development
2. 3:00 p.m.    ●    Adjourn
NOTE: This agenda is subject to change, including the addition of items up to 24 hours in advance or the deletion of items at any time. All times are approximate. Regular Meetings, Public Hearings, and Special Meetings are recorded and ACTION MAY BE TAKEN ON ANY ITEM. Work Sessions are not recorded and formal action cannot be taken. Two or more Gunnison County Commissioners may attend this meeting. For further information, contact the County Administration at 641-0248. If special accommodations are necessary per ADA, contact 641-0248 or TTY 641-3061 prior to the meeting.
Published in the Crested Butte News. Issues of January 9 and 16, 2009. #010905

—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

—Meeting notice—
Monday, January 26, 2009 at 5:30 p.m.
the Upper Gunnison River Water Conservancy District
the District offices, 234 North Main Street, Suite 3B
(Main Place Building), Gunnison, CO

The Board of Directors of the Upper Gunnison River Water Conservancy District and will conduct its regular board meeting on Monday, January 26, 2009 at 5:30 p.m. The meeting will be held at the District offices, 234 North Main Street, Suite 3B (Main Place Building), Gunnison, Colorado. The public is encouraged to attend the meeting. An agenda will be posted at the District office prior to the meeting.
Published in the Crested Butte News. Issue of January 16, 2009. #011614

—Meeting notice—
Monday, January 26, 2009 at 5:30 p.m.
the Upper Gunnison River Water activity enterprise
234 North Main Street, Suite 3B (Main Place Building)

The Board of Directors of the Upper Gunnison River Water Activity Enterprise will have a regular meeting on Monday, January 26, 2009 at 5:30 p.m. at the offices of the Upper Gunnison River Water Conservancy District, 234 North Main Street, Suite 3B (Main Place Building). The public is encouraged to attend the meeting. An agenda will be posted at the District’s Office prior to the meeting.
Published in the Crested Butte News. Issue of January 16, 2009. #011615

—STATEMENT OF NONDISCRIMINATION—
Gunnison County Electric Association, Inc.

Gunnison County Electric Association, Inc. receives funding from a Federal loan program administered by the Rural Utilities Service (RUS), an agency of the U.S. Department of Agriculture, and is subject to the provisions of Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; and the rules of the U.S. Department of Agriculture.
In accordance with the Federal law and the U.S. Department of Agriculture’s policy, this institution is prohibited from discriminating on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs).
The person responsible for coordinating this organization’s nondiscrimination compliance efforts is Michael V. Wells, Chief Executive Officer. To file a complaint on discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-5964 (TDD). Identity of complainants will be kept confidential except to the extent necessary to carry out the purposes of the rules and regulations of the U.S. Department of Agriculture. USDA is an equal opportunity provider and employer.
/s/ Michael V. Wells
Chief Executive Officer
Gunnison County Electric Association, Inc.
PO Box 180
Gunnison, CO 81230
Effective 10-07-2008.
Published in the Crested Butte News. Issue of January 16, 2009. #011613

—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 December 2008.
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. 2008CW146. Applicant: Stumpy Creek Ranch, 7554 Juniper St., Arvada, CO 80007. Application for Surface Water Right: Cabin Creek Waste Water Ditch – NE ¼ SW ¼ of Section 24, T48N, R6W, NMPM. 2,000 feet from the south section line and 2,400 feet from the west section line. Source: Cimarron River and the Gunnison River. Appropriation date: 05/20/1973. Amount Claimed: 1.65 cfs absolute for irrigation of 33 acres and stockwater. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 2009, 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: $158.00; 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 January 16, 2009. #011602

—AGENDA—
Tuesday, January 20, 2009
GUNNISON COUNTY BOARD OF COMMISSIONERS
The Commissioner’s Meeting Room at the Courthouse

Tuesday, January 20, 2009
• Warrants & Transfers
• Monthly Treasurer’s Report
• Gunnison/Hinsdale Board of Human Services
• Gunnison Basin Sage-grouse Strategic Committee; Strategic Plan Presentation
• Bureau of Land Management February 12, 2009 Oil and Gas Lease Sale
• Habitat for Humanity Funding Request
• Jail Inspection
• Request for Extension of Final Plan Submittal for Whetstone Business Park
• Food Pantry Funding Request
• Lot Cluster Application; Marble Ski Area Condominium, Filing No. 1, Lots 1 and 2, County of Gunnison, State of Colorado; Kevin E. Palans
• Consent Agenda:
– 2009 Memorandum of Agreement; Gunnison County Pioneer and Historical Society; Community-Based Organization Funding; $3,800
– Acknowledgment of County Manager Signature; Independent Consultant Agreement; Between Gunnison County, Colorado and McBride Dale Associates, Inc.; Planning Commission Retreat
– Acknowledgment of County Manager Signature; Housing Needs Assessment Grant Contract.
NOTE: This is a list of items tentatively scheduled for the Commissioners’ agenda. Items may be added up to 24 hours prior to the meeting, or deleted at any time. A final agenda will be prepared after the publication deadline for the newspaper. For further information or confirmation of specific times on the agenda, please contact the County Administration Office at 641-0248.
Published in the Crested Butte News. Issue of January 16, 2009. #011624

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