13. PURSUANT TO C.R.S., §37-92-302,80302 | 11/20/2020 | Ad id: 8-0000636415-01
13. 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 OCTOBER 2020. 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.
20CW3129 (13CW47, 06CW101, CA2371). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Glenwood Springs, CO 81601, (970) 945-8109. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE TOWN OF BRECKENRIDGE, IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name and address of applicant: Town of Breckenridge (the "Town"), c/o Town Manager, 150 Ski Hill Road, PO Box 168, Breckenridge, CO 80424. Direct all pleadings to: Glenn E. Porzak, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Name of structure: Goose Pasture Reservoir, 1st Enlargement. 3. Description of conditional water rights: A. Original Decree: On May 31, 1972, in Case No. CA2371, the District Court in and for the Fourteenth Judicial District, County of Summit, awarded a conditional water right for Goose Pasture Reservoir, 1st Enlargement. B. Location: This water right was originally decreed to be located in Sections 7 and 8, Township 7 South, Range 77 West, 6th P.M. The initial point of survey is at a point whence the Northwest Corner of Section 8, Township 7 South, Range 77 West, 6th P.M., bears North 25?22' West a distance of 3413.1 feet. By decree of the District Court in and for Water Division No. 5 ("Water Court") in Case No. 13CW45, the location was changed to a 124.25 acre parcel located in the W1/2 SW1/4 of Section 18 and W1/2 NW1/4 of Section 19, T. 6 S., R. 77 W., 6th P.M., and the SE1/4 SE1/4 of Section 13 and E1/2 NE1/4 of Section 24, T. 6 S., R. 78 W., 6th P.M. A point near the center of the dam embankment is located in the NW1/4 SW1/4 of Section 18, T. 6 S., R. 77 W., 6th P.M., at a point 830 feet from the west line and 1,970 feet from the south line of said Section 18. A map of the reservoir site is attached as Exhibit 1. C. Source: Indiana Creek, Pennsylvania Creek, Spruce Creek, and Blue River. D. Appropriation Date: August 31, 1961. E. Conditional Amount: 2,500 acre feet. F. Use: Municipal and domestic. 4. Detailed Outline of Work Done to Complete Project and Apply Water to Beneficial Use: During the diligence period, the Town has engaged in the following specific activities which demonstrate diligence and application of water to beneficial uses: A. The subject water right is part of the Town's integrated water supply. During the subject diligence period, the Town has taken numerous actions and expended considerable funds toward the development of its integrated water rights. B. The Town spent in excess of $2,800,000 to improve, modify, upgrade, repair and maintain Goose Pasture Reservoir dam, and to improve the spillway of Goose Pasture Reservoir in order to ensure that the spillway is able to pass the inflow design flood generated by the probable maximum precipitation as provided for in the State Engineer's Dam Safety and Dam Construction regulations. C. By decree of the Water Court entered in Case No. 13CW45, the location of the subject water right was changed to the current location. This decree was entered on October 19, 2015. D. By decree of the Water Court in Case No. 13CW3094, 300 acre feet of the subject water right was decreed as a source of augmentation water for the new water treatment plant developed by the Town. This decree was entered on July 12, 2015. The Town has spent in excess of $50,000,000 on the planning, permitting and construction of the new water treatment plant. E. The Town has been engaged in negotiations with Colorado Springs Utilities, Summit County and other parties to develop a reservoir in the Upper Blue River upstream of Goose Pasture Tarn. To date, the Town has spent in excess of $69,000 on engineering and attorneys' fees for this new reservoir. F. The Town has regularly monitored the filings of other water users. It has filed statements of opposition to and has incurred legal and engineering costs in connection with various cases to protect its water rights. 5. Land Ownership. The proposed reservoir is on land owned by the Town. WHEREFORE, the Town seeks a finding that it has exercised reasonable diligence with respect to the water right identified in paragraph 3 above, and such other and further relief as this Court deems just and proper.
(4 pages + Exhibit)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2020 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.