10. PURSUANT TO C.R.S., §37-92-302,

81602 | 11/20/2020 | Ad id: 8-0000636412-01
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10. 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 OCTOBER 2020. 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.
20CW3126 SUMMIT COUNTY, COLORADO, GROUNDWATER TRIBUTARY TO THE BLUE RIVER, TRIBUTARY TO THE COLORADO RIVER. APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE, IN PART, AND FOR FINDING OF REASONABLE DILIGENCE.
Name and address of Applicant: Rivershore Subdivision Homeowners Association, Inc., Catherine Cregan, President, 3504 W. David Lane, Colorado Springs, Colorado 80917. Please direct all correspondence, motions and pleadings to Name: Michael J. Sawyer, KARP NEU HANLON, P.C., 201 14th Street, Suite 200, P. O. Drawer 2030, Glenwood Springs, CO 81602, (970) 945-2261 First Claim: Application to Make Conditional Water Right Absolute and in the Alternative for Finding of Reasonable Diligence. Rivershore Lot 1 Well. Date of original decree: March 30, 1994 in Case No. 92CW193. Subsequent decrees awarding findings of diligence: Case Nos. 00CW26, 07CW79 and 2014CW3048. Legal description: The Rivershore Lot 1 Well is located in the Southwest ¼ of the Northeast ¼ of Section 7, Township 7 South, Range 77 West of the 6th P.M., at a point 2,740 feet from the South line and 1,650 feet from the East line of said Section 7. Source: Groundwater tributary to the Blue River, tributary to the Colorado River. Appropriation date: July 9, 1992. Amount: 10 g.p.m., conditional, for each well. Uses: Each well is decreed for domestic use for a single-family house, and irrigation of up to 1,000 square feet of lawns and garden. Depth: Not Applicable. Remarks: On January 27, 1997, in Case No. 95CW265, a decree was entered approving a change of water rights for the Rivershore Lot 1 and Lot 2 Wells. The decree approved alternate points of diversion for the Rivershore Lot 1 and Lot 2 Wells at a location in the Southeast ¼ of the Northeast ¼ of Section 7, Township 7 South, Range 77 West of the 6th P.M., at a point 2,980 feet from the South line and 1,160 feet from the East line of said Section 7, which is the legal description for the Rivershore Lot 4 Well, with a maximum total pumping rate of 15 g.p.m. Claim to Make Absolute - Date water first applied to beneficial use: No later than September 1, 2016. Amount of water applied to beneficial use: 10 g.p.m. for domestic use for a single-family house, and irrigation of up to 1,000 square feet of lawns and garden purposes. The Rivershore Lot 1 Well has been diverted at its alternate point at the Rivershore Lot 4 Well. The Rivershore Lot 4 Well was decreed absolute for 15 g.p.m. in Case No. 95CW265 to be used in 3 single family dwellings and irrigation of up to 3000 square feet of lawns and garden area. Applicant herby abandons the right to divert the Rivershore Lot 1 water right at the originally decreed location described in Section 2.C. above. Description of place where water has been applied to beneficial use: Lot 1 Rivershore Subdivision. Claim for Reasonable Diligence: If the Rivershore Lot 1 Well as diverted through its alternate point at the Lot 4 Rivershore Well is not decreed to be absolute, then Applicant requests a finding of diligence for 10 g.p.m., conditional, for the Rivershore Lot 1 Well for domestic use for a single-family house, and irrigation of up to 1,000 square feet of lawns and garden purposes. Second Claim: Application for Finding of Reasonable Diligence Rivershore Lot 2 Well. Date of original decree: March 30, 1994 in Case No. 92CW193. Subsequent decrees awarding findings of diligence: Case Nos. 00CW26, 07CW79 and 2014CW3048. Legal description: The Rivershore Lot 2 Well is located in the Southwest ¼ of the Northeast ¼ of Section 7, Township 7 South, Range 77 West of the 6th P.M., at a point 2,850 feet from the South line and 1,500 feet from the East line of said Section 7. Source: Groundwater tributary to the Blue River, tributary to the Colorado River. Appropriation date: July 9, 1992. Amount: 10 g.p.m., conditional, for each well. Uses: Each well is decreed for domestic use for a single-family house, and irrigation of up to 1,000 square feet of lawns and garden. Depth: Not Applicable. Remarks: On January 27, 1997, in Case No. 95CW265, a decree was entered approving a change of water rights for the Rivershore Lot 1 and Lot 2 Wells. The decree approved alternate points of diversion for the Rivershore Lot 1 and Lot 2 Wells at a location in the Southeast ¼ of the Northeast ¼ of Section 7, Township 7 South, Range 77 West of the 6th P.M., at a point 2,980 feet from the South line and 1,160 feet from the East line of said Section 7, which is the legal description for the Rivershore Lot 4 Well, with a maximum total pumping rate of 15 g.p.m. Claim for Reasonable Diligence: Applicant requests a finding of diligence for 10 g.p.m., conditional, for the Rivershore Lot 2 Well for domestic use for a single-family house, and irrigation of up to 1,000 square feet of lawns and garden purposes. Landowners: Lot 1, Rivershore Subdivision: Gregory W. Berman, 9 Cherrymoor Drive, Englewood CO 80113-6031, Lot 2, Rivershore Subdivision: Andrew Wideman, 5406 South Florence Court, Greenwood Village, CO 80111, Lot 4, Rivershore Subdivision: Dennis Baniewicz Trust Dated 2/28/2017, P.O. Box 1079, Frisco, CO 80443-1079 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 (12 pp. with exhibits).
YOU ARE HEREBY 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 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.