3. PURSUANT TO C.R.S., §37-92-302,

80302 | 02/25/2021 | Ad id: 8-0000662166-01
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3. 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.
21CW3002 (14CW3022, 07CW86, 00CW193, 94CW113) IN EAGLE COUNTY APPLICATION FOR FINDING OF REASONABLE DILIGENCE
TOWN OF AVON ("Avon") c/o Richard J. Mehren, Joshua Boissevain, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Boulevard, Suite 300, Boulder, Colorado 80302 2. Name of structure: Nottingham Reservoir (WDID 3703523). 3. Description of conditional water right: 3.1 Original decree: Case No. 94CW113, entered September 23, 1994, in the District Court for Water Division No. 5, Colorado. 3.2 Subsequent decrees: Subsequent findings of reasonable diligence and/or make absolute have been entered by the Division No. 5 Water Court: by decree dated April 16, 2001 in Case No. 00CW193, by decree dated February 18, 2008 in Case No. 07CW86, and by decree dated January 18, 2015 in Case No. 14CW3022 (made absolute 20.1 acre-feet for Nottingham Reservoir). 3.3 Legal description: The decreed location for Nottingham Reservoir is as follows: the point of intersection of the Nottingham Dam axis with the centerline of the easterly spillway is located in the SW1/4 of the NW1/4 of Section 8, Township 5 South, Range 81 West of the 6th P.M. at a point whence the northwesterly corner (BLM Brass Cap) of said Section 8 bears North 27°34'30" West 1800 feet. The decreed location of the Nottingham Reservoir may be supplemented as follows: the centroidal point of the Nottingham Reservoir is located in Section 8, Township 5 South, Range 81 West of the 6th P.M., at a distance of 1,395 feet from the northern section line and 675 feet from the western section line. A map showing the location of Nottingham Reservoir is attached as Exhibit A. 3.4 Source of water: Nottingham Gulch, tributary to the Eagle River, tributary to the Colorado River. 3.5 Appropriation date: The appropriation date for the irrigation and stock watering uses is August 1, 1940. The appropriation date for all other uses described in paragraph 3.7 below is May 31, 1994. 3.6 Amount: The amount of water decreed for irrigation and stock watering uses is 22 acre-feet, absolute. The amount of water decreed for all other uses described in paragraph 3.7 below is 22 acre feet (20.1 acre-feet is absolute; 1.9 acre-feet CONDITIONAL). 3.6.1 Remaining conditional amount: 1.9 acre-feet CONDITIONAL. 3.7 Uses: Irrigation, stock water, domestic, commercial, industrial, fire protection, sewage treatment, irrigation of open space, parks, lawns and gardens, recreation, fish and wildlife propagation, maintenance of adequate storage reserves and reservoir evaporation, augmentation, replacement, and exchange. 4. Detailed outline of work and expenditures toward completion of the appropriation and application of the water to beneficial use: 4.1 The remaining conditional portion of the subject water right, as described in paragraph 3 above, is referred to in this application as the "Subject Conditional Water Right." The diligence period for the Subject Conditional Water Right is January 2015 through January 2021 ("Diligence Period"). 4.2 During the Diligence Period, Avon has worked diligently to develop the Subject Conditional Water Right, complete the appropriation, and place the water to beneficial use, as demonstrated by the following representative but non-exhaustive list of activities and expenditures: 4.2.1 Avon has retained attorneys and incurred legal fees to assist in the protection and prosecution of the Town's water rights, including Nottingham Reservoir. 4.2.2 Avon has an annual budget of $40,000 for the operation, maintenance, and repairs of its two dams, which includes Nottingham Reservoir. A part of that yearly budget amount covers a yearly inspection of Nottingham Reservoir to monitor for any erosion or damage to the dam that would require maintenance or repairs. 4.2.3 Avon has caused the absolute portion of the Nottingham Reservoir water right to be diverted, stored, and beneficially used in accordance with the relevant underlying decrees. Expenses were incurred in this regard during the Diligence Period. 4.3 The work performed and actions taken by Avon during the Diligence Period demonstrate Avon's continuing intent to develop the Subject Conditional Water Right. Avon has met all applicable standards in demonstrating reasonable diligence. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Traer Creek RP-LLC, P. O. Box 640, Vail, Colorado 81658 WHEREFORE, Avon requests that the Court enter a decree (i) granting this Application, (ii) finding that Avon has exercised reasonable diligence in developing the Subject Conditional Water Right during the Diligence Period, and (iii) continuing the Subject Conditional Water Right in full force and effect for an additional diligence period.
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.