DISTRICT COURT, WATER DIVISION 6, COLOR

80488 | 02/18/2021 | Ad id: 8-0000660454-01
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DISTRICT COURT, WATER DIVISION 6, COLORADO
TO ALL PERSONS INTERESTED IN WATER APPLICATIONS
IN WATER DIVISION 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of January, 2021.

2021CW3004 ROUTT COUNTY, Spring in unnamed tributary, tributary of Whetstone Creek, tributary of Trout Creek, tributary of Yampa River and unnamed tributary, tributary of Whetstone Creek, tributary of Trout Creek, tributary of Yampa River in ROUTT COUNTY, COLORADO, APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, mailing address, email address, telephone number of applicant: Robert A. & Ann Scholz-Crane Revocable 2017 Trust dated 1/24/2018, 7511 Kings River Ct., Humble, TX 77346, Email Me. Direct all pleadings and court-related documents to Claire E. Sollars, Esq., P.O. Box 881302, Steamboat Springs, CO 80488-1302, Email Me, (970) 875-3370. 2. Names of Surface Structures: Jim's No. 1 (Spring) and Redtail Pond No. 1. The approximate property boundary and both structures are depicted on Exhibit 1. 3. Description of Conditional Rights: A. Original Decree: i. Jim's No. 1 - Issued on September 21, 1995, in Case No. 95CW23, Water Court, Water Division No. 6 (conditional water right granted in amount of 0.10 cfs). ii. Redtail Pond No.1 - Issued on April 22, 1997, Case No. 96CW82, Water Court, Water Division No. 6 (conditional storage right granted in amount of 2.0 acre-feet). B. Subsequent Decree Awarding Finding of Diligence: i. Jim's No. 1 (Spring) - March 19, 2001, Case No. 99CW11, Water Court, Water Division No. 6 (0.033 cfs decreed absolute); April 28, 2006, Case No. 03CW32, Water Court, Water Division No. 6; January 25, 2015, Case No. 2012CW18, Water Court, Water Division No. 6. ii. Redtail Pond No. 1 - March 19, 2001, Case No. 99CW11, Water Court, Water Division No. 6 (0.8 acre-feet decreed absolute); April 28, 2006, Case No. 03CW32, Water Court, Water Division No. 6; January 25, 2015, Case No. 2012CW18, Water Court, Water Division No. 6.
C. Legal Descriptions (as provided in most recent decree): i. Jim's No. 1 (Spring) - Public Land Survey System (PLSS) - SE4 SW4 of Section 21, Township 5 North, Range 85 West, of the 6th P.M., at a point 2,835.7 feet West of the East Section line and 194.3 feet North of the South Section Line of said Section; UTM coordinates (Zone 13 NAD 83) - 336172 mE and 4470578 mN. ii. Redtail Pond No. 1 - Public Land Survey System (PLSS) - SE4 SW4 Section 21, Township 5 North, Range 85 West, of the 6th P.M., at a point 2,550 feet East of the West Section Line and 700 feet North of the South Section Line of said Section; UTM coordinates (Zone 13 NAD 83) – 36098 mE and 4470658 mN. 4. Source of Water: A. Jim's No. 1 – spring in unnamed tributary, tributary of Whetstone Creek, tributary of Trout Creek, tributary of Yampa River. B. Redtail Pond No. 1 – unnamed tributary, tributary of Whetstone Creek, tributary of Trout Creek, tributary of Yampa River. 5. Appropriation Date: A. Jim's No. 1 - October 25, 1994. B. Redtail Pond No. 1 - June 1, 1965. 6. Amounts claimed and uses: A. Jim's No. 1: 0.067 cfs conditional for irrigation, wildlife and livestock uses; 0.10 cfs conditional for domestic, piscatorial, and recreation uses. B. Redtail Pond No. 1: 1.2 acre feet conditional for stock watering, piscatorial, recreational, and wildlife watering uses.
7. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Robert A. & Ann Scholz-Crane Revocable 2017 Trust dated 1/24/2018 ("Scholz-Crane Trust") purchased Lot 14 of Deerwood Ranches Amendment No. 1 ("Lot 14") on March 10, 2017. Subsequent to that time, the Scholz-Crane Trust hired a water engineer to evaluate increasing the yield of Jim's No. 1, installing a conveyance system to move water from the developed spring for irrigation use, and expanding Redtail Pond to its decreed capacity of 2.0 acre-feet. Additionally, Scholz-Crane Trust hired an attorney to advise them about maintaining the status of the conditional rights and to file this Application for Filing of Reasonable Diligence. The cost to date for the professional services exceeds $1,500.00. 8. Name and address of owner of land on which structures and places of use are located: Jim's No. 1 is located on Lot 15 of Deerwood Ranches Subdivision, which is owned by Warren and Stephanie Johnson, 2005 Bear Drive, Steamboat Springs, CO 80487. The previous owner of Lot 15 granted an easement to the then-owners of Lot 14 on January 10, 1995 for the development, maintenance, and use of Jim's No. 1 (Exhibit 2). Redtail Pond No. 1 is located on Lot 14, which is owned by Scholz-Crane Trust, and the south shoreline may be located on Lot 15. Scholz-Crane Trust owns the land upon which the water rights are used. 9. Remarks: Scholz-Crane Trust request the Water Court determines the two structures are an integrated water supply system, see C.R.S. § 37-92-301(4)(b), and thus diligence established for either structure is deemed to establish diligence for the other.

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.

You are hereby notified that you will have until the last day of March, 2021 to file with the Water Court a Verified Statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant's Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $192.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487.