12. PURSUANT TO C.R.S., §37-92-302,

80027 | 02/25/2021 | Ad id: 8-0000661969-01
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12. 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.
21CW3011 GRAND COUNTY.
APPLICATION FOR UNDERGROUND WATER RIGHTS, STORAGE RIGHTS, AND APPROVAL OF A PLAN FOR AUGMENTATION 1. Name, Address, Phone Number, and E-Mail Address of Applicants. John Robert Ryan Revocable Trust, dated the 19th day of July, 2011, and Ashleigh Warren Ryan Revocable Trust, dated the 19th day of July, 2011, 10200 GCR 3, Parshall, Colorado 80468, Phone: (303) 931-7378, E-mail: Email Me. Copies of all pleadings to: David F. Bower, Johnson & Repucci LLP, 850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027, Phone: (303) 442-1900, E-mail: Email Me. 2. Overview. Applicants are the owner of 780 acres of land located south of Williams Fork Reservoir on Skylark Creek. By this application, Applicants are claiming conditional underground water rights for two wells, which will be used to provide a domestic water supply to the residence and planned chapel and silent retreat center on the property. Applicants also seek approval of a plan for augmentation to replace out-of-priority depletions associated with the two wells. Augmentation water will be provided by reservoirs located on the property as claimed in this case. A map of the subject property and proposed structures is attached hereto as Exhibit A. 3. Claim for Conditional Underground Water Right. (a) Name of Well Structure. House and Chapel Well. (b) Permit Information. The House and Chapel Well is currently permitted under Well Permit No. 308532-A, Receipt No. 10003415. (c) Location. NE1/4 of the SE1/4 of Section 1, Township 2 South, Range 79 West of the 6th P.M., at a point 120 feet from the north section line and 1,020 feet from the east section line (Zone 13, NAD83, Easting 399749 m, Northing 4418020 m). (d) Source. Groundwater underlying the subject property, tributary to Skylark Creek, tributary to the Williams Fork, tributary to the Colorado River. (e) Depth of Well. 220 feet. (f) Appropriation Date. Date of application. (g) Amount. 0.033 cfs (15 gpm), conditional. (h) Uses. Domestic, commercial, irrigation, and fire protection. Irrigation will be for landscaping anywhere on the subject property. (i) Remarks. The House and Chapel Well will be re-permitted after the plan for augmentation is approved in this matter. 4. Claim for Conditional Underground Water Right. (a) Name of Well Structure. Hermitage Well. (b) Permit Information. The Hermitage Well has not been permitted or drilled as of the date of this application. (c) Approximate Location. SW1/4 of the SE1/4 of Section 1, Township 2 South, Range 79 West of the 6th P.M., at a point 75 feet from the south section line and 75 feet from the west section line (Zone 13, NAD83, Easting 399213 m, Northing 4417585 m). (d) Source. Groundwater underlying the subject property, tributary to Skylark Creek, tributary to the Williams Fork, tributary to the Colorado River. (e) Depth of Well. ~ 220 feet (estimated). (f) Appropriation Date. Date of application. (g) Amount. 0.1 cfs (45 gpm), conditional. (h) Uses. 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 Hermitage Well is estimated based on current development plans for the property and characteristics of the underlying aquifer and nearby wells. Applicants reserve 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 Use Enlargement Storage Right. (a) Name of Storage Structure. McCandliss Reservoir. (b) Name of Water Right. McCandliss Reservoir Augmentation and Refill Right. (c) Location. SE1/4 of the SW1/4 of Section 6, Township 2 South, Range 78 West of the 6th P.M., at a point 1,500 feet from the west section line and 600 feet from the south section line (Zone 13, NAD83, Easting 400498 m, Northing 4417692 m). (d) Source. The South Fork of Skylark Creek, tributary to Skylark Creek, tributary to the Williams Fork, tributary to the Colorado River. (e) Name and Rate of Filler Structure. McCandliss Reservoir is an on-channel storage structure. In addition to filling from native flows tributary to the South Fork of Skylark Creek, McCandliss Reservoir can fill from Skylark Creek via the McCandliss Feeder Ditch at a diversion rate of 3.25 cfs. The McCandliss Feeder Ditch point of diversion is located in the NW1/4 of the NE1/4 of Section 12, Township 2 South, Range 79 West of the 6th P.M., at a point approximately 1,600 feet from the east section line and 1,000 feet from the north section line (Zone 13, NAD83, Easting 399497 m, Northing 4417192 m). (f) Appropriation Date. Date of application. (g) Amount. 25 acre-feet, conditional, with the right to fill and refill in priority. (h) Existing Decreed Uses. Irrigation, recreation, and fish and wildlife. (i) Additional Proposed Uses. Augmentation and replacement. (j) Other Relevant Decrees. (i) Civil Action No. 632. McCandliss Reservoir was originally decreed in Civil Action No. 632, Grand County District Court, dated July 9, 1934, for 23.24 acre-feet, for irrigation purposes. The Civil Action No. 632 decree recognized that the reservoir had been partially completed to a height of six or eight feet (of the 13 feet proposed completed height) and beneficially used for irrigation. Pursuant to the Order of Abandonment dated June 14, 2006, "any and all remaining conditional aspects of the McCandliss Reservoir in [Civil Action No. 632], which may include, but not be limited to 23.24 af, conditional" was ordered cancelled. The records of the State Engineer's Office now state that the original Civil Action No. 632 right has been cancelled in its entirety; however, based on the decree and order, it appears that the right may have only been cancelled for the amount not in storage on July 9, 1934 and/or otherwise not put to beneficial use prior to the cancellation order. (ii) Case No. 98CW293. In addition to any right that may remain decreed to the structure from Civil Action No. 632, McCandliss Reservoir was decreed the conditional Skylark Creek Storage Right in Case No. 98CW293, Water Division 5, dated August 27, 2001, for 25 acre-feet, conditional, for irrigation, recreation, and fish and wildlife uses, with an appropriation date of October 16, 1998. The Skylark Creek Storage Right has been continued by the diligence decrees entered in Case No. 07CW153, dated January 29, 2009, and Case No. 15CW3004, dated August 14, 2016. (k) Remarks. The McCandliss Reservoir Augmentation and Refill Right claimed in this seeks to use McCandliss Reservoir for augmentation and replacement purposes in connection with the plan for augmentation claimed in this case, as well as any other future additional augmentation and replacement requirements for the subject property. In addition, the McCandliss Reservoir Augmentation and Refill Right will be used to allow the reservoir to be refilled for irrigation, recreation, and fish and wildlife purposes, so that the reservoir can be kept full for its in situ purposes when in-priority. 6. Claim for Conditional Storage Right. (a) Name of Storage Structure. Ryan Reservoir. (b) Name of Water Right. Ryan Reservoir Augmentation and Recreation Right. (b) Approximate Location. NW1/4 of the SW1/4 of Section 31, Township 1 South, Range 78 West of the 6th P.M., at a point 900 feet from the west section line and 1,530 feet from the south section line (Zone 13, NAD83, Easting 400318 m, Northing 4418479 m). (c) Source. Skylark Creek, tributary to the Williams Fork, tributary to the Colorado River. (d) Name and Rate of Filler Structure. Ryan Reservoir will be an on-channel storage structure that will fill from native flows tributary to Skylark Creek. (e) Appropriation Date. Date of application. (f) Amount. 10 acre-feet, conditional, with the right to fill and refill in priority. (g) Proposed Uses. Recreation, fish and wildlife, and augmentation and replacement. (h) Remarks. The Ryan Reservoir is primarily intended to be used for recreation and fish and wildlife habitat. In the event that Applicant needs to augment out-of-priority depletions from the property, either under this plan for augmentation or any future plan for augmentation for the property, water can also be released from the reservoir for that purpose. The amount claimed is based on Applicants' estimate of the maximum amount of storage that will be achieved at this location; however, the final dimensions and capacity of the Ryan Reservoir are still being determined. Applicants reserve the right to locate the Ryan Reservoir anywhere on the subject property, with the lowest downstream location estimated to be in the SW1/4 of the NE1/4 of Section 31, Township 1 South, Range 78 West of the 6th P.M., and the furthest upstream location estimated to be in the SE1/4 of the SE1/4 of Section 1, Township 2 South, Range 79 West of the 6th P.M. The final as-built location will be identified at the time that the Ryan Reservoir right is made absolute. 7. Request for Approval of Plan for Augmentation. (a) Name of Structures to be Augmented. (i) House and Chapel Well, as claimed in paragraph 3 above. (ii) Hermitage Well, as claimed in paragraph 4 above. (b) Water Rights to be Used for Augmentation. (i) McCandliss Reservoir Augmentation and Refill Right, as claimed in paragraph 5 above. (ii) Ryan Reservoir Augmentation and Recreation Right, as claimed in paragraph 6 above. (iii) Additional or Alternative Sources. Pursuant to C.R.S. § 37-92-305(8), Applicants reserve 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. Applicants will replace all out-of-priority depletions from the House and Chapel Well and the Hermitage Well with water from McCandliss Reservoir stored under the McCandliss Reservoir Augmentation and Refill Right and/or Ryan Reservoir stored under the Ryan Reservoir Augmentation and Recreation Right. Applicants' current development plans for the property include a residential house and/or retreat center, a chapel, a machine shop, 16 small cabins, and other outbuildings and structures. In addition, there is estimated to be 5,000 square-feet of landscaping. Based on these development plans, the total water demand is estimated to be 2.6 acre-feet/year and the total depletion is estimated to be 0.5 acre-feet/year. A detailed description of Applicants' 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 water demand for the property is estimated to be 2.4 acre-feet/year. The landscaping irrigation demand is assumed to be 0.22 acre-feet/year. (ii) Projected Depletions. Indoor water use is expected to be 10% consumptive, resulting in an estimated depletion of 0.24 acre-feet/year. Landscape irrigation is assumed to be 100% consumptive, resulting in an anticipated depletion of 0.22 acre-feet/year. 8. 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. 9. 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 Applicants except the McCandliss Feeder Ditch. The McCandliss Feeder Ditch is located on land owned by the United States of American, c/o USDA Forest Service, Arapaho and Roosevelt National Forests, 2150 Centre Avenue, Building E, Fort Collins, Colorado 80526.WHEREFORE, Applicants respectfully request that the Court (1) grant the claim for underground water rights as set forth in paragraphs 3–4 above; (2) grant the claim for storage rights as set forth in paragraphs 5–6 above; (3) 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 Applicants' requested plan for augmentation as described in paragraph 7 above; and (4) approve the plan for augmentation set forth in paragraph 7 above. (9 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.