3. PURSUANT TO C.R.S., §37-92-302,80451 | 04/29/2021 | Ad id: 8-0000679373-01
3. 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.
21CW3028 GRAND COUNTY. Brinning Homeowners Association, c/o James Olvey, President, P.O. Box 1440, Maricopa, AZ 85139. Applicant is represented by Kent Whitmer and Katie Randall, The Whitmer Law Firm, LLC, P.O. Box 38, Hot Sulphur Springs, CO 80451, (970) 725-3460. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structures for Underground Water Rights: NQGP Well Nos. 1-3. Source: Groundwater from the unconsolidated sand and gravel, and from bedrock formations, hydraulically connected to the Colorado River. Well Locations: The previous Decrees affecting the subject water rights indicate that the Wells will be located generally within the exclusive boundaries of the Brinning Subdivision Exemption, which consists of three lots in the SW1/4 of Section 6, Township 3 North, Range 75 West of the 6th P.M. In the present Application, Applicant specifies the following: NQGP Well No. 1 has not been drilled, and the precise location is not yet known. NQGP Well No. 2 is located in the NW1/4 SW1/4 of Section 6, Township 3 North, Range 75 West of the 6th P.M., a distance of 2390 feet from the South line of said Section 6 and 200 feet from the West line of said Section 6. NQGP Well No. 3 is located in the NW1/4 SW1/4 of Section 6, Township 3 North, Range 75 West of the 6th P.M., a distance of 1944 feet from the South line of said Section 6 and 639 feet from the West line of said Section 6. Depth: NQGP Well No. 1 has not yet been drilled. NQGP Well No. 2: 270 feet. NQGP Well No. 3: 400 feet. Use: In-house uses only. One residence per lot for a total of 3 single family residences. Type of Structure: Wells. Quantity: 15 gallons per minute ("g.p.m.") per well, limited to 0.942 acre-feet per year ("af/yr"). Appropriation Date for Wells: December 14, 1999. Conditional Appropriative Right of Exchange: Brinning HOA Exchange. Exchange Reach: Upstream Termini: the points of diversion for NQGP Well Nos. 1-3, as set forth above. Downstream Terminus: Colorado River to a point where releases from Wolford Mountain Reservoir meet the Colorado River (confluence of Muddy Creek with the Colorado River). Releases from Wolford Mountain Reservoir meet the Colorado River in the NW1/4 NE1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M., at a point approximately 2,000 feet from the East line of said Section 19 and 200 feet from the North line of said Section 19. Appropriation Date for Exchange: December 14, 1999. Exchange Amount: 0.00495 cubic feet per second ("c.f.s."), limited to 0.2 af/yr. Source of Exchange Water: The subject water rights will operate pursuant to the plan for augmentation decreed in Case No 00CW17. Augmentation will be provided by Granby Reservoir or Wolford Mountain Reservoir. Decrees: September 27, 2000, Case No. 00CW17; October 9, 2008, Case No. 06CW213; March 22, 2015, Case No. 14CW3114; all in Water Court Division No. 5. Additional Information: The previous decrees set forth additional terms and conditions, including a plan for augmentation, that continue to be in effect for the water rights of this application. The application and attached exhibits contain a detailed outline of the work performed during the diligence period (21 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.