DISTRICT COURT, WATER DIVISION 1, COLORADO
JANUARY 2014 WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JANUARY 2014 for each County affected.
14CW3006 The Central Colorado Water Conservancy District, the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, 3209 W. 28th St., Greeley, CO 80634. Telephone: 970-330-4540, c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION FOR CHANGE OF WATER RIGHTS IN ADAMS AND WELD COUNTIES. 2. Water Rights to be Changed. Water rights represented by 30 Shares (Shares) in the Fulton Irrigation Ditch Company, Stock Certificate No. 4012 which water rights are described in ¶4. Originally evidenced by Certificate Nos. 3594, 3682 and 3706 and owned by Freund Investments, LLC. 3. Name of Structure. Fulton Ditch. 4. Previous Decree. The Fulton Ditch was decreed in Case No. 6009 in the Arapahoe County District Court, Arapahoe County, State of Colorado, on April 28, 1883 with appropriation dates of May 1, 1865 for 79.7 c.f.s.; July 8, 1876 for 74.25 c.f.s; November 5, 1879 for 50.23 c.f.s.; November 1, 1882 for 244.62 c.f.s. (abandoned in Case No. A-16069, Denver District Court, 1938); from the South Platte River. The decreed use is for irrigation. The decreed headgate location is near Section 9, between Sections 16 and 17 in Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. The actual headgate location is in the NE1/4 NE1/4 SE1/4 of Section 17, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. The location of a portion of the ditch is shown on Figure 1. 5. Historical Use. The Shares were used for irrigation on the following farms. 5.1. Reisbeck Farm. 20 shares were historically used to irrigate approximately 20.84 acres described as Lot B of that Exemption Recorded at Reception No. 2804757 on November 3, 2000 in the records of the Weld County Clerk and Recorder and being located in the NE1/4, SE1/4 Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and shown on Figure 2. 5.2. McQueary Farm. 10 shares were used to irrigate 14 acres described as Lot B or Recorded Exemption RE-1771, being part of the in the E1/2 Section 28, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, as shown on Figure 3. 6. Proposed Change. 6.1. Use. Central seeks to change the use of the 30 shares to include augmentation, recharge, replacement and exchange, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Specifically the shares may be used as a source of substitution and replacement supply in the plans for augmentation in Case No. 02CW335 and Case No. 03CW99 for replacing well depletions and return flows. Fully consumable water associated with the water delivered under the 30 shares and released for augmentation use may also be rediverted and delivered to recharge or storage, either directly or by exchange consistent with the terms and conditions of Central storage and recharge decrees including but not limited to Case Nos. 81CW382, 83CW184, 85CW370, 87CW304, 92CW021, 94CW199, 01CW48, 02CW270, 05CW331. Central has an augmentation station located on the Fulton lateral at the north edge of the NW1/4 SW1/4, Section 8, Township 1 North, Range 66 West of the 6th P.M. 6.2. Dryup. Central secured Dryup Covenants on both parcels, 34.84 acres, which are sufficient to prevent expanded use. 6.3. Diversion Period. Historically there were diversions in the months of March to November. Central proposes a diversion season limit of March 1 through October 31. 6.4. Farm Headgate Delivery. The farm headgate delivery attributable to the Shares averaged a total of 91.2 acre-feet assuming a 20% ditch loss for the ditch. 6.5. Historic Consumptive Use. The historic consumptive use was determined using a study period of 1950 to 2003 for the Reisbeck Farm and 1950 to 2002 for the McQueary Farm. The consumptive use of the Shares was determined to be an average of 51.7 acre feet per year based on irrigation of the 34.84 acres. The average consumptive use per share was 1.7 acre-feet. 6.6. Returns. Total lagged return flows were 39.9 acre-feet per year. The timing of lagged returns was determined using AWAS software and the Glover Methodology. Return flows accrue to GMS Reach F for both farms. Return flows accrue to WAS Reach F2 for the Reisbeck Farm and F3 for the McQueary Farm. Central proposes that the monthly return flow factors below be applied to the measured augmentation station deliveries of the shares delivered from the ditch from March through October. The winter return flows will be determined using the November through February factors times the previous years’ annual augmentation deliveries of the Shares. Historic returns are hereby re-appropriated by Central and will be maintained only for calls and decreed water rights senior to the date of the filing of this application. Return flows will be maintained by using a portion of the Shares or any Central water rights authorized for such use.
30 Shares Fulton Ditch Company
Factors Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Summer 39.6% 18.6% 16.4% 16.0% 21.8% 40.0% 91.1%
Winter 3.5% 3.0% 2.6% 4.6% 4.1%
7.Administration. The augmentation deliveries will be made at existing augmentation stations located on the Fulton Ditch. 8. Name and Address of Owners of Structures. The Fulton Irrigation Ditch is owned by the Fulton Irrigation Ditch Company, 25 South 4th Avenue, Brighton, Colorado 80601.
THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of MARCH 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.
Published in the Westminster Window
February 13, 2014