10. PURSUANT TO C.R.S., §37-92-302,

80027 | 02/25/2021 | Ad id: 8-0000661966-01
Details

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 JANUARY 2021. 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.
21CW3009 GRAND COUNTY
. APPLICATION FOR UNDERGROUND WATER RIGHTS AND APPROVAL OF A PLAN FOR AUGMENTATION 1. Name, Address, Phone Number, and E-Mail Address of Applicant. Hill Industries, LLC c/o Thomas J. Hill, 67 GCR 4429, Grand Lake, Colorado 80447, Phone: (303) 434-7589, E-mail: Email Me. Copies of all pleadings to: David F. Bower, Alison M. Lipman, Johnson & Repucci LLP, 850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027. 2. Overview. Applicant is the owner of ~10.8 acres of land located north of Granby Reservoir on Soda Creek. By this application, Applicant is claiming conditional underground water rights for three wells, which will be used to provide a domestic water supply, limited landscape irrigation, and a source of water for fire protection to the planned residential development on the property, The Reserve on Soda Creek. Applicant also seeks approval of a plan for augmentation and appropriative right of exchange to replace out-of-priority depletions associated with The Reserve on Soda Creek. A map of the subject property and proposed structures is attached hereto as Figure 1. 3. Claim for Conditional Underground Water Right. (a) Name of Well Structure. The Reserve on Soda Creek Well No. 1. (b) Permit Information. The Reserve on Soda Creek Well No. 1 has not been permitted or drilled as of the date of this application. (c) Approximate Location. SW1/4 of the SW1/4 of Section 23, Township 3 North, Range 76 West of the 6th P.M., at a point 10 feet from the south section line and 216 feet from the west section line (Zone 13, NAD83, Easting 424957.1 m, Northing 4450200.6 m). (d) Source. Groundwater underlying the subject property, tributary to Granby Reservoir and/or Soda Creek, tributary to the Colorado River. (e) Depth of Well. ~ 250 feet (estimated). (f) Appropriation Date. Date of application. (g) Amount. 0.22 cfs (100 gpm), conditional. (h) Uses. Municipal, domestic, commercial, irrigation, and fire protection. Irrigation will be for landscaping anywhere on the subject property. (i) Remarks. The location, depth, and amount claimed for The Reserve on Soda Creek Well No. 1 is estimated based on current development plans for the property and characteristics of the underlying aquifer and nearby wells. Applicant reserves the right to locate the well anywhere on the subject property. The final as-built location will be identified at the time that The Reserve on Soda Creek Well No. 1 is permitted and/or made absolute. 4. Claim for Conditional Underground Water Right. (a) Name of Well Structure. The Reserve on Soda Creek Well No. 2. (b) Permit Information. The Reserve on Soda Creek Well No. 2 has not been permitted or drilled as of the date of this application. (c) Approximate Location. SW1/4 of the SW1/4 of Section 23, Township 3 North, Range 76 West of the 6th P.M., at a point 521 feet from the south section line and 400 feet from the west section line (Zone 13, NAD83, Easting 425015.2 m, 4450355.5 Northing m). (d) Source. Groundwater underlying the subject property, tributary to Granby Reservoir and/or Soda Creek, tributary to the Colorado River. (e) Depth of Well. ~ 250 feet (estimated). (f) Appropriation Date. Date of application. (g) Amount. 0.22 cfs (100 gpm), conditional. (h) Uses. Municipal, domestic, commercial, irrigation, and fire protection. Irrigation will be for landscaping anywhere on the subject property. (i) Remarks. The location, depth, and amount claimed for The Reserve on Soda Creek Well No. 2 is estimated based on current development plans for the property and characteristics of the underlying aquifer and nearby wells. Applicant reserves the right to locate the well anywhere on the subject property. The final as-built location will be identified at the time that the well is permitted and/or made absolute. 5. Claim for Conditional Underground Water Right. (a) Name of Well Structure. The Reserve on Soda Creek Well No. 3. (b) Permit Information. The Reserve on Soda Creek Well No. 3 has not been permitted or drilled as of the date of this application. (c) Approximate Location. SW1/4 of the SW1/4 of Section 23, Township 3 North, Range 76 West of the 6th P.M., at a point feet from the 287 south section line and 405 feet from the west section line (Zone 13, NAD83, Easting 425015.8 m, Northing 4450284.3 m). (d) Source. Groundwater underlying the subject property, tributary to Granby Reservoir and/or Soda Creek, tributary to the Colorado River. (e) Depth of Well. ~ 250 feet (estimated). (f) Appropriation Date. Date of application. (g) Amount. 0.22 cfs (100 gpm), conditional. (h) Uses. Municipal, domestic, commercial, irrigation, and fire protection. Irrigation will be for landscaping anywhere on the subject property. (i) Remarks. The location, depth, and amount claimed for The Reserve on Soda Creek Well No. 3 is estimated based on current development plans for the property and characteristics of the underlying aquifer and nearby wells. Applicant reserves the right to locate the well anywhere on the subject property. The final as-built location will be identified at the time that the well is permitted and/or made absolute. 6. Request for Approval of Plan for Augmentation. (a) Name of Structures to be Augmented. (i) The Reserve on Soda Creek Well No. 1, as claimed in paragraph 3 above. (ii) The Reserve on Soda Creek Well No. 2, as claimed in paragraph 4 above. (iii) The Reserve on Soda Creek Well No. 3, as claimed in paragraph 5 above. (b) Water Rights to be Used for Augmentation. (i) Middle Park Contract Water, which will be provided by the Middle Park Water Conservancy District ("Middle Park") from supplies that Middle Park owns or controls in (1) Granby Reservoir pursuant to its Windy Gap allotment contract, (2) Wolford Mountain Reservoir, (3) the Sunset Ridge Pond, (4) and/or alternative storage structures. Applicant's application for a Middle Park contract is pending. (ii) Additional or Alternative Sources. Pursuant to C.R.S. § 37-92-305(8), Applicant reserves the right to use additional or alternative sources of water for replacement on a temporary or permanent basis, subject to approval by the Water Court and/or the State Engineer's Office. (c) Detailed Description of Plan for Augmentation. Applicant will replace all out-of-priority depletions from The Reserve on Soda Creek Wells with Middle Park Contract Water. Applicant's development plans currently call for 12 duplexes (24 single-family units) to be constructed on the property. Each duplex will have approximately 1,200 square-feet of landscaping and one hot tub. Based on these development plans, the total water demand is estimated to be approximately 8 acre-feet/year and the total depletion is estimated to be 0.6 acre-feet/year. A detailed description of Applicant's demands and depletions are set forth below. For the purpose of evaluating the amount of replacement water needed to operate the plan for augmentation, 100% of the depletions are assumed to be out-of-priority. (i) Projected Demands. The total indoor/household domestic demand for the development is estimated to be 7.6 acre-feet/year. The outdoor domestic and irrigation demand (e.g. landscaping and hot tubs) is assumed to be 0.2 acre-feet/year. (ii) Projected Depletions. Depletions from The Reserve on Soda Creek Wells will result in lagged depletions to Granby Reservoir and/or Soda Creek. Wastewater from the domestic use will be treated via a central sewage treatment facility operated by Three Lakes Water and Sanitation District. Accordingly, indoor/household domestic use is expected to be 5% consumptive. This results in an estimated depletion of 0.4 acre-feet/year. Landscape irrigation is assumed to be 95% consumptive and the hot tubs are assumed to be 100% consumptive, resulting in an anticipated depletion of 0.2 acre-feet/year. (d) Exchange Reach. Because some of the Middle Park Contract Water supplies are downstream of the points of depletion for The Reserve on Soda Creek Wells, the proposed plan for augmentation may at times operate by substitution and/or exchange. Therefore, to the extent necessary in order to properly operate this plan for augmentation, Applicant claims an appropriative right of exchange and/or exchange project right from the furthest downstream point where replacement water may be released into the Colorado River up to the further upstream point of depletion for The Reserve on Soda Creek Wells on Granby Reservoir and/or Soda Creek. The components of this exchange right are as follows: (i) Downstream Terminus. The confluence of Muddy Creek and the Colorado River, which is located in the NW1/4 of the NE1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. (Zone 13, NAD 83, Easting 380748.2 m, Northing 4433448.3 m). (ii) Upstream Terminus. The furthest point upstream where depletions from The Reserve on Soda Creek Wells impact Granby Reservoir and/or Soda Creek, which is located in the SW1/4 of the SW1/4 of Section 23, Township 3 North, Range 76 West of the 6th P.M., at a point 779 feet from the south section line and 793 feet from the west section line (Zone 13, NAD83, Easting 425136.1 m, Northing 4450433 m). The upstream terminus may depend on the final as-built location of The Reserve on Soda Creek Wells. (iii) Exchange Rate. 0.00081 cfs. (iv) Date of Appropriation. Date of application. (v) Uses. Water will be exchanged to augment and replace out-of-priority depletions from the municipal, domestic, commercial, irrigation, and fire protection uses of The Reserve on Soda Creek Wells. (vi) Remarks. Applicant will only operate the requested exchange at such times when deliveries of the replacement water at the downstream exchange terminus will satisfy the downstream calling water right. 7. Integrated System. All of the water rights and structures included in this application are components of an integrated water system. For the purposes of future diligence applications, work on one of the subject structures may be evidence of reasonable diligence on other structures in the system. 8. Name and Address of Landowner Upon which any New or Modified Diversion or Storage Structure is Located, Including Any Modification to the Storage Pool. All of the subject structures are on land owned by Applicant. WHEREFORE, Applicant respectfully requests that the Court (1) grant the claim for underground water rights claimed in paragraphs 3–5 above; (2) find that there will be no injury to any owner of, or person entitled to use, water under a vested water right or conditionally decreed water right as a result of Applicant's requested plan for augmentation and exchange as described in paragraph 6 above; and (3) approve the plan for augmentation and exchange described in paragraph 6 above. (8 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MARCH 2021 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.