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. 2020CW3060; Previous Case No: 17CW3021 – SOUTH FORTY RECREATION, LLC, c/o Steve Lindner, Manager, 759 Apache Dr., Canon City, Colorado 81212 (Please address all pleadings and inquiries regarding this matter to Applicant’s attorneys: Steven T. Monson, #11329, David M. Shohet, #36675, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET, LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212)
Application to Make Conditional Groundwater Right Absolute
FREMONT, LAKE, CHAFFEE, PITKIN, AND PUEBLO COUNTIES
II. SUMMARY OF APPLICATION: 1. On April 28, 2017 in Case No. 17CW3021 South Forty Recreation, LLC (“Applicant”) filed for a conditional groundwater right and a plan for augmentation to augment out-of-priority depletions from that conditional groundwater right. The Water Referee issued a Ruling on March 29, 2018, granting the conditional water right and approving the plan for augmentation. A Decree by the Court confirming this Ruling was entered on April 23, 2018. The Applicant is now seeking a decree to make absolute the conditional groundwater right decreed in Case No. 17CW3021 as diverted pursuant to the terms its plan for augmentation and in accordance with the Division of Water Resources Written Instruction 2020-01 dated July 21, 2020, DWR Position on Making Water Rights Diverted Out of Priority Absolute. III. CONDITIONAL GROUNDWATER RIGHTS: A. Name of Structure: South Forty Ponds Well. 1. Location: The locations of the two South Forty Ponds which makeup the South Forty Ponds Well are as follows: a. South Forty West Pond: In the SW¼ NW¼ NW¼ SW¼ of Section 1, Township 19 South, Range 70 West of the 6th P.M., Fremont County, Colorado. b. South Forty East Pond: In the SW¼ NW¼ N½ SW¼ of Section 1, Township 19 South, Range 70 West of the 6th P.M., Fremont County, Colorado. 2. Source: Alluvial groundwater tributary to the Arkansas River. 3. Amount: A total annual amount of 22.32 acre-feet, to replace evaporation depletions of a combined surface area of 22.6 acres. a. South Forty West Pond Surface Area: 9.1 acres. b. South Forty East Pond Surface Area: 13.5 acres. 4. DWR Well Permit No.: 82572-F. 5. Date of Appropriation: April 28, 2017. 6. Date of Original Decree: March 29, 2018. 7. Court Case No.: Case No. 17CW3021. 8. Court: Water Court, Division 2. 9. Use: On-site recreation, wildlife, and piscatorial uses. 10. Comments: The South Forty Ponds Well consists of the South Forty West Pond and the South Forty East Pond and operates in accordance with the augmentation plan decreed in Case No. 17CW3021 (“Augmentation Plan”). The Augmentation Plan operates to replace out-of-priority evaporative depletions associated with the surface area of the South Forty Ponds. As the South Forty Ponds intercepted groundwater they were decreed and permitted as the South Forty Pond Well. IV. OUTLINE OF WORK DONE FOR COMPLETION OF APPROPRIATION AND APPLICATION OF WATER TO BENEFICIAL USE. During this diligence period and since the date of the Decree in Case No. 17CW3021, the Applicant operated the South Forty Ponds and the South Forty Ponds Well in accordance with the Augmentation Plan for the replacement of out-of-priority evaporative depletions from the ponds. V. CLAIM TO MAKE ABSOLUTE. In light of the operation of the South Forty Ponds Well pursuant to the decreed Augmentation Plan and the Division of Water Resources Written Instruction 2020-01, the Applicant seeks to make absolute the conditional groundwater right decreed in Case No 17CW3021 for the South Forty Pond Well. The Applicant obtained the Water Court’s approval of the Augmentation Plan as prescribed by law for the replacement of out-of-priority depletions and prevention of injury to other decreed water rights. C.R.S. 37-92-103(9). The Applicant, under the Augmentation Plan, has diverted groundwater, replaced evaporative depletions to the river, and applied water to beneficial use under the South Forth Pond Well, as shown in Exhibit A attached to the application, accounting for the Augmentation Plan. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) Operation of the South Forth Ponds Well under the terms of the Augmentation Plan prevented injury to other decreed water rights. The Applicant will only continue to operate the groundwater right under the Water Court approved Augmentation Plan. VI. NAME AND ADDRESS OF THE OWNERS OF THE LAND ON WHICH STRUCTURE IS LOCATED. The South Forty Ponds Well is located on land owned by the Applicant.
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.