81601 | 06/20/2019 | Ad id: 8-0000436893-01

DIVISION 5 WATER COURT- MAY 2019 RESUME 1. 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 MAY 2019. 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. 19CW3062 GARFIELD COUNTY. BABBISH GULCH, TRIB. TO FOURMILE CREEK, TRIB. TO ROARING FORK RIVER, TRIB. TO COLORADO RIVER. Application for Simple Change in Surface Point of Diversion Pursuant to C.R.S. § 37-92-305(3.5). Applicant: Sunlight, Inc., c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Babbish Gulch Reservoir Pond No. 1 Feeder Ditch. Orig. Decree: Case No. 93CW196, entered on 6/27/1994, in District Court, Water Div. 5. Legal Description: a headgate located in the NE1/4 SW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M., beginning at a pt. whence the NW corner of said Sec. 32 bears N. 39 deg., 00 min. and 00 sec. W. a distance of 3,410 ft.; also described in Case No. 11CW111 as being 3,120 ft. from the E. Sec. line and 2,590 ft. from the S. Sec. line of said Sec. 32. Amount: 5.0 c.f.s., cond. Use: to fill the Babbish Gulch Pond No. 1 for subsequent use. Approp. Date: 6/29/1981. Applicant requests that the Court change the location for the feeder ditch to the as-built location, which is 291 ft. from the decreed location. There are no intervening surface diversion points or minimum instream flows. As-Built Location: A headgate located in the NE1/4 SW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M. UTM Zone 13 NAD 83, Easting 297179 meters, Northing 4363890 meters. 3 pgs; 1 exhibit. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2019 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. Published in the Aspen Times Weekly June 20, 2019 0000436893