7. PURSUANT TO C.R.S., §37-92-302,

80451 | 04/29/2021 | Ad id: 8-0000679476-01
Details

7. 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.
21CW3032 GRAND COUNTY. Shores of Shadow Mountain Homeowners Association, Inc. c/o Ralph Fitch, President, P.O. Box 1260, Grand Lake, CO 80447. 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: Shore Well Nos. 1-10. Source: Groundwater tributary to Shadow Mountain Reservoir, tributary to the Colorado River. Legal Description: Shore Well No. 1 is located in the SW1/4 NE1/4 of Section 24, Township 3 North, Range 76 West of the 6th P.M., a distance of 1956 feet from the North line of said Section 24 and 1947 feet from the East line of said Section 24. Shore Well Nos. 2-10 have not yet been drilled, but will located within the Subdivision, as indicated in the map attached to the Application. Depth: Shore Well No. 1: 60 feet. Shore Well Nos. 2-10 have not yet been drilled. Uses: Domestic uses within 54 dwelling units, irrigation, reverse osmosis water treatment and fire protection, as described in 99CW288 and 01CW39. All irrigation use happens within the boundaries of the Subdivision. Type of Structure: Wells. Amount: Shore Well No 1: 25 gallons per minute ("g.p.m.") conditional, 25 g.p.m. absolute. Shore Well Nos. 2-10: 50 g.p.m. per well, conditional. Shore Well Nos. 1-10 are limited to a total combined demand of 25.94 acre-feet per year ("af/yr"). Conditional Appropriative Right of Exchange: Shadow Mountain Central Water Supply System Exchange. Exchange Reach: Upstream Termini: the points of diversion for Shore Well Nos. 1-10. Presently, only Shore Well No. 1 is in operation. Until such time as the Applicant drills additional wells, the upstream terminus shall be the point of diversion for Shore Well No. 1, 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. Exchange Amount: 0.0014 cubic feet per second ("c.f.s."), annual depletions of 1.01 af/yr, absolute. 0.0011 c.f.s., annual depletions of 0.79 af/yr, conditional. Source of Exchange Water: The subject water rights will operate pursuant to the plan for augmentation decreed in Case No 99CW288, as amended by 01CW39. Augmentation will be provided by Granby Reservoir or Wolford Mountain Reservoir. Appropriation Date for Wells and Exchange: November 30, 1999. Decrees: Case No. 99CW288, dated July 6, 2000, as amended by Case No. 01CW39, dated July 30, 2001; Case No. 06CW164, dated October 9, 2008; Case No. 14CW3111, dated March 22, 2015; 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.