DIVISION 5 WATER COURT- MAY 2019

81601 | 06/20/2019 | Ad id: 8-0000436863-02
Details

DIVISION 5 WATER COURT- MAY 2019 RESUME 4. 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. 17CW3247 EAGLE COUNTY. MILLER GULCH CREEK, TRIB. TO GYPSUM CREEK. Second Amended Application for Simple Change in Surface Pt. of Diversion Pursuant to C.R.S. § 37-92-305(3.5). Applicants: The James A. Fitzsimmons Trust, dated 11/12/1993, and the Carol V. Fitzsimmons Trust, dated 11/12/1993, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Decreed water right for which change is sought: Name of structure: Erickson No. 2 Ditch. Orig. and relevant subsequent decrees: Erickson No. 2 Ditch was decreed in the District Court for Eagle County in C.A. 446 under Priority No. 237 for 1.00 cfs for irr. purposes with an adjud. date of 6/4/1907 and an approp. date of 10/30/1901. A separate priority was decreed for the Erickson No. 2 Ditch in C.A. 294 under Priority No. 237EX for 1.416 cfs for irr. purposes with an adjud. date of 6/7/1915, and an approp. date of 12/31/1914. The source of water for the Erickson No. 2 Ditch is Miller Gulch Creek, a trib. of Gypsum Creek. Amts: Applicants own 66% of the two decreed priorities by the water rights agreement recorded in the Eagle County records at Reception No. 200723457, being 0.66 cfs of Priority No. 237 and 0.9345 cfs of Priority No. 237EX, for a total of 1.5945 cfs. Source: Miller Gulch Creek, trib. to Gypsum Creek. Legal description of structure as described in most recent decree that adjudicated the location: That the headgate of said ditch is situated on the left bank of the Miller Gulch Creek, from which stream said ditch derives and diverts its supply of water at a pt. whence the corner of Sec. 14-15-22 and 23 in T. 6 S., R. 85 W., 6th P.M. bears S 40° 36' E. 4332.6 ft. that from the headgate said ditch runs in a general Southeasterly direction, that the length of said ditch is 3500 ft., its width 2 1/2 ft., its depth is one foot, its grade is 1/2 inch to the rod, its carrying capacity is five cubic ft. of water per second of time (5 c.f.s.); that the number of acres of land lying under and capable of being irrigated by water from said ditch is 50. Comments: The decreed pt. of diversion does not accurately describe the location of the historical pt. of diversion of the Applicants' water rights. Applicants' investigations indicate that a resurvey of the area in 1906 altered legal descriptions in the area, generally. The historical pt. of diversion on Miller Gulch Creek from which the simple change is requested to a changed pt. is described below. Detailed description of simple change of surface pt. of diversion: Applicants request a simple change in the surface pt. of diversion of the Erickson No. 2 Ditch pursuant to C.R.S. § 37-92-305(3.5) from the historical pt. of diversion on Miller Gulch Creek to an upstream changed pt. of diversion on Miller Gulch Creek, as described below. Applicants are diverters as the owners of the decreed water rights in C.A. 446, which describes the decreed pt. of diversion for the Erickson No. 2 Ditch. Applicants have at all times diverted water pursuant to their decreed water rights in C.A. 446. Applicants' request for a change is limited to Applicants' 66% share of the adjudicated water rights in the Erickson No. 2 Ditch as described by the water rights agreement signed on July 13, 2007 and recorded in the Eagle County records at Reception No. 200723457. The legal description of the historical pt. of diversion in UTM format: UTM coordinates: Easting 336507; Northing 4376139; Zone 13. Legal Description Using the Public Land Survey System (PLSS): SE1/4 of the NW1/4, Sec. 23, T. 6 S. R. 85 W., 6th P.M., 1898 ft. from the N. Sec. line and 2658 ft. from the E. sec. line, Eagle County, Colorado. The legal description of the changed pt. of diversion in UTM format: UTM coordinates; Easting 336590; Northing 4376277; Zone 13. Legal Description Using the Public Land Survey System (PLSS): SW1/4 of the NE1/4, Sec. 23, T. 6S., R. 85 W., 6th P.M., 1439 ft from the N. sec. line and 2394 ft. from the E. Sec. line, Eagle County, Colorado. The locations of the historical pt. of diversion and changed pt. of diversion requested herein are shown on the map attached as Figure 1 (Water Rights Location Map by Colorado River Engineering) to application. Names and addresses of owners 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: The changed pt. of diversion headgate (above) is located on land owned by: United States Forest Service; White River National Forest, 901 Grand Avenue, Glenwood Springs, CO 81601. 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 Eagle Valley Enterprise June 20, 2019 0000436863