10CW74 ROUTT COUNTY APPLICATION FOR ABSOLUTE WATER RIGHT | SteamboatToday.com
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10CW74 ROUTT COUNTY APPLICATION FOR ABSOLUTE WATER RIGHT

11576-1

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.

10CW74 ROUTT COUNTY APPLICATION FOR ABSOLUTE WATER RIGHT: Name, address and phone number of Applicant: Don Johnson, 44200 CR 36, Steamboat Springs, Colorado 80487, phone number: (970) 819-6151, email: hot@springsips.com. Direct all pleadings to:



Karl F. Kumli, III and Tucker M. Katz, Dietze and Davis, P.C., 2060 Broadway, Suite 400, Boulder, CO 80302, email: karlk@dietzedavis.com and tkatz@dietzedavis.com. Applicant’s application is for an absolute underground water right in connection with Well Permit No. 042817-F. Applicant is the owner and operator of Strawberry Park Hot Springs Resort and Spa in Steamboat Springs, Colorado. The resort consists of hot spring pools, a steam room, spa, guest cabins, two covered wagons, a small camping area, and a common, potable drinking water and sanitation facility. Pursuant to Well Permit No. 038663-F, Applicant drilled a well on his property on or about May 7, 1991. Subsequent to the expiration of Well Permit No. 038663-F, Applicant received a Permit to Use an Existing Well, Well Permit No. 042817-F for the same well that had originally been permitted in Well Permit No. 038663-F. Well Permit No. 042817-F allowed Applicant a maximum pumping rate of 15 gpm and the average annual amount of ground water to be appropriated was 1.5 acre-feet. The Permit granted the following uses: “drinking and sanitation facilities including showers in a hot spring resort, household use in one single family dwelling (the caretaker’s cabin), and irrigation of not more than one (1) acre of lawn and garden.” Since the Permit was granted, Applicant has used on average 1.85 acre-feet of water per year for the following: irrigation of 1 acre of lawn, gardening and landscaping; drinking and sanitation facilities for one cabin; a common drinking and sanitation facility (used by guests staying in five other cabins, two covered wagons and campers staying on the seven camp sites on the property). These current uses are satisfied by the 15 gpm pumping rate. Applicant seeks to have this water right be adjudicated as absolute. The Applicant has the following wells, well permits, and well water permit applications: Well Permit No. 042817-F (replacement well for Well Permit No. 038663-F) and Well Permit Application filed December 30, 2010. Legal description of well: SW ¼ of the SE ¼, Section 18, Township 7 North, Range 84 West, of the 6th Principal Meridian. Distances from Section Lines: 800 feet from the South Section Line and 1600 feet from the East Section Line. Source of water: Groundwater tributary to Hot Spring Creek, a tributary of the Elk River. Depth of well: 492 feet. Date of Appropriation: March 7, 1991. How Appropriation was Initiated: By filing an application for a well permit (see Well Permit No. 038663-F). Date Water Applied to Beneficial Use: January 1, 1994. Amount Claimed in gallons per minute: 15 gpm, Absolute. Annual Appropriated Amount: 1.85 acre feet. Plan for Augmentation: The well is not operated pursuant to a decreed plan for augmentation.

Uses: The maximum pumping rate permitted under Well Permit No. 042817-F (“Permit”) was 15 gpm and the average annual amount of ground water to be appropriated was 1.5 acre-feet. The Permit granted the following uses: “drinking and sanitation facilities including showers in a hot spring resort, household use in one single family dwelling (the caretaker’s cabin), and irrigation of not more than one (1) acre of lawn and garden.” Since the Permit was granted Applicant has used on average 1.85 acre-feet per year for the following: irrigation of 1 acre of lawn, gardening and landscaping; drinking and sanitation facilities for one cabin; a communal drinking and sanitation facility (used by guests staying in five other cabins, two covered wagons and campers staying on the seven camp sites on the property) (“historic uses”). The water has been beneficially used for the historic uses since January 1, 1994. The historic uses are satisfied by the 15 gpm pumping rate and the historic uses have used on average 1.85 acre-feet of water per year. These water rights should be deemed absolute, with an appropriation date of March 7, 1991. Applicant requests this Court to enter a decree adjudicating an absolute water right for the water used pursuant to Well Permit No. 042817-F, in the amount of 1.85 acre feet per year with an appropriation date of March 7, 1991. Name of Landowner: same as Applicant.

APPLICATION FOR CONDITIONAL WATER RIGHT: RESUME

Name, address and phone number of Applicant: Don Johnson, 44200 CR 36, Steamboat Springs, Colorado 80487, phone number: (970) 819-6151, email: hot@springsips.com. Direct all pleadings to:

Karl F. Kumli, III and Tucker M. Katz, Dietze and Davis, P.C., 2060 Broadway, Suite 400, Boulder, CO 80302, email: karlk@dietzedavis.com and tkatz@dietzedavis.com. Introduction: Applicant is seeking a conditional water right in connection with new development on the property and improvements to the resort’s guest facilities. Specifically, a caretaker’s cabin is being constructed. This single family dwelling will be approximately 3,200 square feet. Additionally, the Applicant will be extending drinking, kitchen and sanitation facilities to five other cabins. The Applicant will be constructing a food service area for up to 50 people. The food service area will need drinking, kitchen and sanitation facilities. Lastly, the Applicant will need additional water for fire protection, augmentation and exchange and all other beneficial uses with the improvement of the hot springs resort. The Applicant has the following wells, well permits, and well water permit applications: Well Permit No. 042817-F (replacement well for Well Permit No. 038663-F) and Well Permit Application filed December 30, 2010. Legal description of well: SW ¼ of the SE ¼, Section 18, Township 7 North, Range 84 West, of the 6th Principal Meridian. Distances from Section Lines: 800 feet from the South Section Line and 1600 feet from the East Section Line. Source of water: Groundwater tributary to Hot Spring Creek, a tributary of the Elk River. Depth of well: 492 feet. Date of Appropriation: June 6, 2006. How Appropriation was Initiated: By filing and recording a Final P.U.D. Plan for Strawberry Park Hot Springs with Routt County Clerk and Recorder. Date Water Applied to Beneficial Use: N/A. Amount Claimed in gallons per minute: 45 gpm, Conditional. Annual Appropriated Amount: 3.0 acre feet. Plan for Augmentation: The well is not operated pursuant to a decreed plan for augmentation. Uses: There is current development on the property and improvements to the resort’s guest facilities that will require additional water. Specifically, a caretaker’s cabin is being constructed. This single family dwelling will be approximately 3,200 square feet. Additionally, the applicant will be extending drinking, kitchen and sanitation facilities to the five cabins on the property. Lastly, the Applicant will be constructing a food service area for up to 50 people. The food service area will need drinking, kitchen and sanitation facilities. In summary, the new uses being applied for are: Drinking, kitchen and sanitation facilities for the single family dwelling (caretaker’s cabin); drinking, kitchen and sanitation facilities for five guest cabins; drinking, kitchen and sanitation facilities for the food service area; domestic; wildlife and fire protection; augmentation and exchange; and all other beneficial uses with the improvement of the hot springs resort. Remarks: Applicant states that the current well (permitted under 042817-F) is capable of meeting the historic and permitted uses under Well Permit No. 042817-F, and the new uses proposed in the Application for a Conditional Underground Water Right. Applicant states that the maximum pumping rate of the well is 60 gpm. Based on the new/proposed uses, it is anticipated that an additional 3.0 acre feet of water annually will need to be appropriated. Applicant requests a conditional water right for the Applicant in the amount of 3.0 acre feet per year with an appropriation date of June 6, 2006 in connection with new development on the property and improvements to the resort’s guest facilities, including: drinking, kitchen and sanitation facilities for the single family dwelling (caretaker’s cabin); drinking, kitchen and sanitation facilities for five guest cabins; drinking, kitchen and sanitation facilities for the food service area; domestic; wildlife; fire protection; augmentation and exchange; and all other beneficial uses with the improvement of the hot springs resort, and such other relief as the Court deems just. Name of Landowner: Same as 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: Janaury 23, 2011

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