10CW69 ROUTT COUNTY UNDERGROUND WATER RIGHT Chico Needmore Ranch, LLC | SteamboatToday.com
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10CW69 ROUTT COUNTY UNDERGROUND WATER RIGHT Chico Needmore Ranch, LLC

11572-1

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 resume(s) are Application(s) and/or Amended Application(s) filed in the office of Water Division 6, during the month of DECEMBER 2010.

10CW69 ROUTT COUNTY APPLICATION FOR UNDERGROUND WATER RIGHT. 1. Name, address and telephone number of Applicant: Chico Needmore Ranch, LLC, a Texas limited liability company, c/o Greg LaMantia, L&F Distributors, Ltd., 3800 N. McColl Road, McAllen, TX 78501, Tel. 956-687-6206, with a copy to Thomas R. Sharp, Esq., Sharp, Steinke, Sherman & Engle, LLC, P.O. Box 774608, Steamboat Springs, CO 80477, Tel. 970-879-7600. 2. Name of well and permit, registration, or denial number. (If permit applied for, but not acted upon, give date of permit application.): Sandelin Reservoir No. 3 Well, Well Permit applied for to Office of Division Engineer, Water Division No. 6, on December 30, 2010. 3. Legal Description of Well: Sandelin Reservoir No. 3 Well: Sandelin Reservoir No. 3 is a pond which was decreed for storage of surface water diversion in Case No. CA-3538, Priority No. 57, Routt County District Court, Date of Decree being March 30, 1964. The location of High Water Line at Outlet End of Sandelin Reservoir No. 3 is in the N1/2NE1/4 of Section 10, T7N, R85W of the 6th P.M., at a point whence the NE corner of Section 10, T7N, R85W of the 6th P.M. bears North 61 degrees 41 minutes East 572 feet. A GPS description of the location of the berm of Sandelin Reservoir No. 3 Well at the westerly side of Sandelin Reservoir No. 3 reservoir, by strict latitude and longitude, is North 40 degrees 35′ 10″ and West 106 degrees 54′ and 01″. 4. A. Source of Water: Alluvial underground water tributary to the Elk River, stored in Sandelin Reservoir No. 3 Well by seepage and exposure of such underground water. B. Depth of Sandelin Reservoir No. 3 Well: 14 feet. 5. A. Date of Appropriation: March 25, 1963. B. How Appropriation was Initiated: Original construction of Sandelin Reservoir No. 3 reservoir. C. Date Water Applied to Beneficial Use: March 25, 1963. 6. Amount of Water claimed: 3.5 Acre Feet of storage, absolute, with a flow rate of seepage of underground water into Sandelin Reservoir No. 3 Well at a maximum of 250 gpm, absolute. 7. Proposed Uses: (A) To fill, refill, and continuously provide water to flow into and/or through Sandelin Reservoir No. 3 reservoir for recreational, fish propagation, stock watering, and replacement of evaporation losses, all absolute and with a priority date of March 25, 1963, and (B) To fill, refill, and continuously provide water to flow into and/or through Sandelin Reservoir No. 3 for appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, all conditional and with a priority date of December 29, 2010. 8. Name and Address of Owner of Land upon which Sandelin Reservoir No. 3 Well is Located: Chico Needmore Ranch, LLC., c/o Greg LaMantia, L&F Distributors, Ltd., 3800 N. McColl Road, McAllen, TX 78501.



  1. Remarks: Sandelin Reservoir No. 3 Well was constructed beginning on March 25, 1963, and Sandelin Reservoir No. 3 was decreed absolute for storage of water in Case No. CA-3538, Priority No. 57, Routt County District Court, Date of Decree being March 30, 1964, in the amount of 6.8 AF, absolute, for propagation of fish and storage of water, supplied by 3.0 cfs free flow of water decreed absolute from Big Creek. The surface flow of water from Big Creek is diverted from Big Creek into the Sandelin Storage and Power Ditch, and thence all or a portion of the flow passes through Sandelin Reservoir No. 1 and Sandelin Reservoir No. 2 and thence into Sandelin Reservoir No. 3. The outflow from Sandelin Reservoir No. 2 passes at a rate of up to 3.0 cfs through a culvert under Routt County Road 129 to an inlet into Sandelin Reservoir No. 3. The interception of tributary groundwater of the Elk River by Sandelin Reservoir No. 3, which is by the application denominated Sandelin Reservoir No. 3 Well, and the application of such groundwater for use for recreational, fish propagation, stock watering, and replacement of evaporation losses, were all present uses and practices in existence on the respective dates of appropriation by the Colorado Water Conservation Board (“CWCB”) of its instream flow decree on the Elk River, in Case No. 77CW1331, priority date of 9-23-1977, and the CWCB instream flow decree on Big Creek, in Case No. 77CW1334, priority date of 9-23-1977, and therefore such uses are senior and superior to both of such instream flow decrees, pursuant to CRS Section 37-92-102(3)(b). The Applicant requests confirmation of such prior uses and practices and the seniority of the requested water right in this application, for such uses of recreational, fish propagation, stock watering, and replacement of evaporation losses, to such CWCB instream flow decrees. 10. Limitation on location of Depletions under Existing and Future Junior Priorities for which Augmentation Water From Sandelin Reservoir No. 3 Well may be applied:

The depletions from water diverted and placed to use under junior priorities, which depletions may in the future be augmented by direct augmentation or by exchange from the underground Water Right applied for in the Application, will be limited to depletions occurring within the Big Creek Ranch, located in Sections 12 through 14, 22 through 27, and 34 through 36, T8N, R85W of the 6th P.M., and in Sections 2 through 4 & 10, T7N, R85W of the 6th P.M., and in Sections 6, 7 & 18, T8N, R84W of the 6th P.M., as more specifically described in a deed to Needmore Ranch II, Ltd, recorded at Reception No. 486452, Routt County records, and in a deed to Chico Needmore Ranch, LLC, recorded at Reception No. 696338, Routt County property records, and/or anywhere else within the basin of the Elk River and its tributaries. Needmore Ranch II, Ltd, and Chico Needmore Ranch, LLC, are affiliated entities.

WHEREFORE, Applicant prays that the Court enter its Decree as follows: 1. Awarding and decreeing to Applicant a Water Right for Sandelin Reservoir No. 3 Well, as applied for in the Application; and 2. Confirming that the uses described in Paragraph 7.A above for recreational, fish propagation, stock watering, and replacement of evaporation losses were present uses and practices in existence on the respective dates of appropriation by the CWCB of its instream flow decree on the Elk River and the CWCB instream flow decree on Big Creek, and that therefore such uses are senior and superior to both of such instream flow decrees, pursuant to CRS Section 37-92-102(3)(b). 3. For such other and further relief as may be determined by the Court. Respectfully submitted December 29, 2010. Thomas R. Sharp, SHARP, STEINKE, SHERMAN & ENGLE, LLC, Attorneys for Applicant.

You are hereby notified that you will have until the last day of FEBRUARY, 2011 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 $158.00, and should be sent to the Clerk of the Water Court, Division 6, P.O. Box 773117, Steamboat Springs, CO 80477.

ROUTT COUNTY COMBINED COURT

WATER DIVISION 6

/s/ M. Rene Mattone

By: M. Rene Mattone

Court Judicial Assistant

Published in The Steamboat Pilot & Today

Publication Date: January 23, 2011

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