DIVISION 5 WATER COURT- AUGUST 202080027 | 09/23/2020 | Ad id: 8-0000618796-01
DIVISION 5 WATER COURT- AUGUST 2020 RESUME
(This publication can be viewed in its entirety on the Colorado State Judicial website at:
10. 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 AUGUST 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.
20CW3096 (13CW3028) (06CW67) (CA1416). ROUTT COUNTY. Lone Creek Land Company LLC, c/o Chris Laughlin, Accounting Manager, 100 West Grand Drive, Lincoln, Nebraska 68521, Phone: (402) 580-8186, E-mail: Email Me. Copies of all pleadings to David F. Bower, #39405, Alison M. Lipman, #47860, Johnson & Repucci LLP, 850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027, Phone: (303) 442-1900, Fax: (303) 442-0191, E-mail: Email Me; Email Me. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure. Kelly Reservoir No. 1 (a/k/a Kelly Reservoir). Original and Subsequent Decrees. Kelly Reservoir No. 1 was originally decreed for 291.68 acre-feet, conditional, by the District Court in and for the County of Eagle, in Civil Action No. 1416, dated September 13, 1967. The conditional right was made absolute for 226.22 acre-feet and continued for 65.46 acre-feet by the ensuing decree entered in Civil Action No. 1416, dated July 21, 1970, nunc pro tunc July 17, 1968. The 65.46 acre-feet conditional right was continued in its entirety by the decrees entered in Case Nos. 06CW67 and 13CW3028, Water Division 5, dated August 20, 2007 and August 23, 2014, respectively. Legal Description of Structure. Kelly Reservoir No. 1 is located in the channel of Wohler Gulch, in the NW1/4 of Section 18, Township 1 North, Range 84 West of the 6th P.M. The initial point of survey of the high water line of the reservoir is located at a point whence the Southwest Corner of Section 18, Township 1 North, Range 84 West of the 6th P.M. bears South 24°42' West, a distance of 3,728 feet. A map showing the general location of Kelly Reservoir No. 1 is attached as Exhibit A. Source. Wohler Gulch, a tributary to Egeria Creek, tributary to Red Dirt Creek, tributary to Rock Creek, tributary to the Colorado River. Decreed Amount. 226.22 acre-feet, absolute (as recognized in Civil Action No. 1416, dated July 21, 1970), and 65.46 acre-feet, conditional. Uses. Irrigation, domestic, piscatorial, and recreational purposes. Date of Appropriation. December 12, 1962. Claim for Finding of Reasonable Diligence. Applicant seeks to continue as conditional the 65.46 acre-feet water right originally decreed to the Kelly Reservoir No. 1 in Civil Action No. 1416 as described above. During the subject diligence period, the following activities were performed proving Applicant's intention to put the subject water right to beneficial use and the actions taken by Applicant to do so: Acquisition of Ranch. In November 2018, Applicant acquired the Porcupine Ridge Ranch and all of its associated water rights and structures, including the Kelly Reservoir, from Porcupine Ridge Ranch, LLC. The water rights associated with the ranch were a critical reason for Applicant's acquisition and investment in the property. As part of Applicant's due diligence for the acquisition, Applicant had an in-depth water rights summary and analysis prepared for the ranch, which included an investigation of Kelly Reservoir and its associated water rights. Since Applicant has taken ownership of the Porcupine Ridge Ranch, Applicant has continued the previous owner's efforts to protect and enhance the water rights associated with the ranch, including to fully develop the conditional water rights. Reservoir Rehabilitation and Enlargement Efforts. Throughout the subject diligence period, the Colorado Division of Water Resources' Dam Safety Branch has performed inspections of the Kelly Reservoir with ranch personnel, and provided recommendations and requirements for reservoir maintenance and operations, which work is both a prerequisite to and a component of expanding the reservoir to its full decreed capacity of 291.68 acre-feet. Applicant's predecessor and Applicant have continued to work with the Dam Safety Branch on maintaining and rehabilitating the Kelly Reservoir as a result of these inspections. For example, on March 5, 2015, Porcupine Ridge Ranch, LLC agreed to short-term and long-term compliance plans relating to the rehabilitation and restoration of the Kelly Reservoir dam. More recently, this January, Applicant obtained a proposal for additional engineering design for the rehabilitation of the Kelly Reservoir dam from Applegate Group, Inc. This work has been authorized and is currently being conducted. To date, Applicant has spent $22,256.75 on various design and engineering activities related to the Kelly Reservoir. General Legal and Engineering Costs. Applicant has also incurred significant general legal and engineering costs during the subject diligence period in performing water rights related work and in monitoring, evaluating, and participating in other related projects in order to protect the Porcupine Ridge Ranch water rights, including Kelly Reservoir, against injury. Name of Landowner upon which any New or Modified Diversion Structure is Located. Kelly Reservoir No. 1 is on land owned by Applicant. (5 pages including map)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 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.