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 December 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. 2020CW3086; DAVID SMITH AND MAI-LAN HUYNH, 200 S. WASHINGTON ST., DENVER, CO 80209 (Please address all pleadings and inquiries regarding this matter to Applicant’s attorneys: Peter D. Nichols, Esq., Megan Gutwein, Esq., Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302, (303) 402-1600)
First Amended Application for Conditional Water Storage Rights and Plan for Augmentation
ON BARTLETT GULCH, TRIBUTARY TO LAKE CREEK, TRIBUTARY TO ARKANSAS RIVER
2. Description of Application: Applicants own property in Lake County near Twin Lakes with existing natural beaver ponds that were constructed on the East Fork of Bartlett Gulch, which also runs through their property. Applicants intend to enlarge and make permanent a beaver pond located in Gordon Acres on Tract 66 by constructing an engineering earthwork dam with an outlet that will increase the storage capacity and surface area. Applicants are thus applying for a water storage right for the pond as well as approval of an augmentation plan to replace out of priority depletions caused by the expansion of the pond. Applicants file this amendment to their Application filed in December 2020 to include a table of estimated depletions. FIRST CLAIM: CONDITIONAL WATER STORAGE RIGHT 3. Name of structure: Caden & Elysa’s Pond 4. Legal description of location of dam centerline: SE1/4 SW1/4 of Section 18, Township 11 South, Range 80 West of the 6th PM, at a point 1270 feet north of the south section line and 2460 feet east of the west section line. Latitude 39°05’20.17” North, Longitude 106°22’39.45” West. See Exhibit 1 attached to the application for a general location map. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) 5. Source: East Fork of Bartlett Gulch, tributary to Lake Creek, tributary to Arkansas River. 6. Appropriation: A. Date of initial appropriation: December 30, 2020. B. How appropriation was initiated: formulation of intent to apply water to beneficial use and filing of this Application. 7. Amount claimed: 0.07 acre-feet, conditional, with flow-through and/or continuous refill. 8. How pond is filled: Caden & Elysa’s Pond is an on-channel structure that is filled from the East Fork of Bartlett Gulch. The Pond will be filled and refilled when in priority or pursuant to the augmentation plan decreed herein. 9. Uses or proposed uses: piscatorial, wildlife habitat, recreation, and aesthetic purposes. 10. Description of Pond: A. The existing surface area is approximately 0.036 acres. The surface area at the high water line with improvements will not exceed 0.05 surface acres. B. The maximum height of the dam will not exceed 6 feet. C. The existing capacity of Caden & Elysa’s Pond is 0.05 acre-feet. The total capacity with improvements will not exceed 0.07 acre-feet. 11. The landowner upon which these structures are located: Applicants. SECOND CLAIM: PLAN FOR AUGMENTATION 12. Names of structures to be augmented: Caden & Elysa’s Pond as described above. 13. Water rights to be used for augmentation: Applicants will lease or purchase augmentation supplies from available sources. Applicants have initiated discussions with Pueblo Board of Water Works and Lake County regarding leasing augmentation water that would satisfy downstream calling water rights at or below Twin Lakes. 14. Statement of plan for augmentation: The plan for augmentation is designed to keep Caden & Elysa’s Pond full, provide a continuous water supply to the Pond, and replace out of priority depletions during times when there is a valid senior call. Because Caden & Elysa’s Pond is an on-channel reservoir, out of priority depletions will consist of evaporative depletions from the surface of the pond when the subject water right is not in priority. In addition, the existing pond is a natural pond, so augmentation will only be required of out of priority evaporative depletions caused by the expanded portion of the Pond, or no more than 0.014 surface acres. The location of such depletions will be at the location of the Pond as described above. Applicants estimate that total evaporative depletions will be 0.035 acre-feet annually. See table attached as Table 2. All out of priority stream depletions will be replaced with legally available augmentation water that Applicants will acquire or obtain the right to use prior to causing such depletions. To the extent that Applicants lack sufficient augmentation supplies to replace out of priority depletions, Applicants will release any water stored out of priority in the Pond. WHEREFORE, the Applicants pray this Court enter a decree: a) Granting the subject water right as applied for herein; and b) Granting such other and further relief as the Court deems proper.
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 February 2021, (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 13th day of January 2021.
/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 Jan. 21, 2021.