DISTRICT COURT, WATER DIVISION NO. 2, COLORADO
TO: ALL INTERESTED PARTIES
Pursuant to C.R.S. 37-92-302, you are hereby notified that the following case is a portion of the resume of applications and amendments filed and/or ordered published during the month of October 2020, in Water Division No. 2. The Water Judge ordered this case be published in The Herald Democrat in Lake County, Colorado. This publication can be viewed in its entirety on the state court website at: www.courts.state.co.us.
The name(s) and address(es) of applicant(s), description of water rights or conditional water rights and description of ruling sought as reflected by said application, or amendment, are as follows.
CASE NO. 2020CW3063; COLORADO WATER CONSERVATION BOARD (“CWCB”), 1313 Sherman Street, Suite 718, Denver, Colorado, 80203 (Please address all pleadings and inquiries regarding this matter to Applicant’s attorneys: Jennifer Mele, First Assistant Attorney General, and Allison D. Robinette, Assistant Attorney General, Natural Resources & Environment Section, Office of the Colorado Attorney General, 1300 Broadway, 7th Floor, Denver, Colorado 80203. Telephone: (720) 508-6282 (Mele); (720) 508-6318 (Robinette))
Application for Water Rights in Iowa Gulch to Preserve the Natural Environment to a Reasonable Degree
2. Name of water right: Iowa Gulch Instream Flow (“ISF”) Water Right. 3. Legal Description: The Iowa Gulch ISF Water Right is located in the natural stream channel of Iowa Gulch from its headwaters to a point at the upstream side of the Iowa Gulch intake impoundment, a distance of approximately 3.34 miles. Maps depicting the approximate location of the Iowa Gulch ISF Water Right reach are attached to the application as Exhibit 1 and Exhibit 2. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) A. Upstream Terminus: Iowa Gulch headwaters in the vicinity of: 1. UTM: Northing: 4343774.07; Easting: 398270.52 (NAD 1983 Zone 13 North) 2. Lat/Long: Latitude 39° 14' 14.33"N; Longitude 106° 10' 43.49"W 3. PLSS: Section 25, Township 9 South, Range 79 West 6th PM 472’ East of the West Section Line, 2358’ North of the South Section Line. B. Downstream Terminus: a point at the upstream side of the Iowa Gulch intake impoundment: 1. UTM: Northing: 4342484.87; Easting: 394665.80 (NAD 1983 Zone 13 North) 2. Lat/Long: Latitude 39° 13' 30.99"N; Longitude 106° 13' 13.09"W 3. PLSS: Section 33, Township 9 South, Range 79 West 6th PM 766’ West of the East Section Line, 1932’ South of the North Section Line. C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long and PLSS coordinates are provided as cross-reference locations only. The UTM, Lat/Long and PLSS locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this application were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Iowa Gulch, tributary to Arkansas River. 5. A. Date of initiation of appropriation: January 27, 2020. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 27, 2020, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2019). C. Date applied to beneficial use: January 27, 2020. 6. Amount of water claimed: Instream flow of 1.7 cfs (05/01 - 09/15), and 1 cfs (09/16 - 04/30), absolute. 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Terms and Conditions with the Parkville Water District: A. The CWCB recognizes that the Iowa Ditch and the Iowa Branch of the Blow Ditch, originally decreed in Civil Action No. 1856 on September 10, 1904, with an appropriation date of July 10, 1860, of which a total of 11.737 cfs were changed to divert at the Iowa Gulch Intake in Consolidated Case Nos. 88CW58 and 95CW6 by the District Court in and for Water Division 2, are valid existing water rights that may be diverted at the Iowa Gulch Intake and are senior to the subject instream flow water right sought herein. B. If, due to naturally occurring circumstances outside the control of Parkville, changes to the natural channel of Iowa Gulch occur or repairs to the Iowa Gulch Intake or related infrastructure are needed so that it becomes necessary to move the Iowa Gulch Intake point of diversion in any direction, and such relocation is otherwise consistent with CR.S. § 37-86-111, the instream flow water right sought herein shall not be relied upon in any way to prohibit or condition any such move of the point of diversion and related diversion infrastructure or to require a change of water right associated with any move of the point of diversion. 9. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2019), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3), C.R.S. (2019). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2019). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. 10. Remarks: This appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to subsections 37-92-102(3) & (4) and subsections 37-92-103(3), (4), & (10), C.R.S. (2019). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on July 15, 2020 , the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2019), that the natural environment of Iowa Gulch will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without material injury to water rights.
THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS 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.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or application as amended, may file with the Water Clerk a verified statement of opposition setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions, such statement of opposition must be filed by the last day of December, 2020, (forms available at Clerk’s office or at www.courts.state.co.us, must be served on parties and certificate of service must be completed; filing fee $192.00). The foregoing are resumes and the entire application, amendments, exhibits, maps and any other attachments filed in each case may be examined in the office of the Clerk for Water Division No. 2, at the address shown below.
Witness my hand and the seal of this Court this 12th day of November 2020.
/s/ Michele M. Santistevan
Michele M. Santistevan, Clerk
District Court Water Div. 2
501 N. Elizabeth Street, Suite 116
Pueblo, CO 81003
Published in the Herald Democrat Nov. 19, 2020.