10CW76 ROUTT COUNTY APPLICATION FOR CHANGES OF WATER RIGHTS | SteamboatToday.com
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10CW76 ROUTT COUNTY APPLICATION FOR CHANGES OF WATER RIGHTS

11577-1

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.

10CW76 ROUTT COUNTY APPLICATION FOR CHANGES OF WATER RIGHTS. 1. Name, address and telephone number of Applicant: J.G. AMATO COMPANY, LLC, ATT: John G. Amato, Esq., 1615 Poydras Street, New Orleans, LA 70112, Tel: 504-582-1601, 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 Each Structure for Which Changes are Sought: Mad Ranch Pond, H.E. Turner Ditch, Original Decree and First Enlargement, and Hoelzen Pump No. 2.



  1. The Applicant, J.G. Amato Company, LLC, is the owner of the Mad Mountain Ranch situated in Sections 14 and 23, T7N, R85W of the 6th P.M., Routt County, Colorado, more particularly described in (i) the Deed from Nancy Hoelzen recorded in 2001 at Reception No. 554305, Routt County records, and (ii) the Deed from John G. Amato, Trustee, recorded in 2004 at Reception No. 598846, Routt County records. All of such property is also described in a Deed from WKM Investments, LLC, to Applicant recorded on May 4, 2007, at Reception No. 656447, which Deed is attached to the Application as Exhibit “A.” All of Tract I, Tract II, and Tract III, less identified exclusions, as set forth in the Deed attached to the Application as Exhibit “A” are collectively referred to as the “Mad Mountain Ranch.”

Description of Each Water Right for Which Changes are Sought: 4. Description of Mad Ranch Pond: A. Decreed in Case No. 79CW130. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: September 8, 1980. D. Location of Dam: Dam is located in the SE1/4SE1/4 of Section 14, T7N, R85W of the 6th P.M., 700 feet west of the east boundary of said Section 14 and 1100 feet north of the south boundary of said Section 14. E. Source of Water: Hot Spring Creek, tributary of the Elk River, delivered via H.E. Turner Ditch. The Turner Ditch headgate is located at a point on the northerly bank of Hot Spring Creek from whence the East Quarter corner of Section 14, T7N, R85W of the 6th P.M. bears North 16 degrees 47 minutes 52 seconds East 1,429.15 feet. F. Decreed Appropriation Date: September 30, 1977. G. Amount of Water Awarded: 10.20 acre feet (absolute). H. Historic and Decreed Uses: Decreed absolute for Water Storage. Historically used for recreational, piscatorial, and stock watering. 5. Description of H.E. Turner Ditch, Original Decree and First Enlargement, and 1980 Change Case: A. Original decree in Case No. 413, adjudication dated September 29, 1904, for 0.66 cfs, given Priority No. 1201/2a. Decree for H.E. Turner Ditch, First Enlargement, entered in Case No. CA-3926, dated May 30, 1972, for 2.33 cfs, given Priority No. 55. Water Right change case decree entered in Case No. 79CW131, dated September 8, 1980. B. Court: Routt County District Court (Original Decree), and Routt County District Court, Water Division No. 6 (First Enlargement and Change Case). C. Date of Decree: Original Decree date is September 29, 1904. Date of Decree for First Enlargement of the H.E. Turner Ditch is May 30, 1972. Water Right change case 79CW131 decree date is September 8, 1980. D. Location of Point of Diversion for both Original Decree and First Enlargement Decree: At a point on the northerly bank of Hot Spring Creek from whence the East Quarter corner of Section 14, T7N, R85W of the 6th P.M. bears North 16 degrees 47 minutes 52 seconds East 1,429.15 feet. E. Source of Water: Hot Spring Creek, tributary to the Elk River. F. Decreed Appropriation Date for Original Decree: October 1, 1892. Decreed Appropriation Date for First Enlargement Decree: July 31, 1965. G. Amount of Water Awarded: For Original Decree, 0.66 cfs (absolute). For First Enlargement, 2.33 cfs (absolute). H. Amount of Water owned by Applicant J.G. Amato Company, LLC, for which changes of water rights are sought in this Application: All of the 0.66 cfs decreed under Original Decree Priority 1201/2a, plus 0.266 cfs out of the 2.33 cfs decreed to the First Enlargement in Case No. CA-3926. I. Decreed and Historic Uses: For the 0.66 cfs decreed in Original Decree Priority No. 1201/2a, the decreed use is for irrigation. For the 2.33 cfs of the First Enlargement to the H.E. Turner Ditch in Case No. CA-3926, the decreed use is irrigation. In Case No. 79CW131, both the Original Decree amount and the First Enlargement amount were also decreed for piscatorial and “Water to be diverted through fish pond.” The reference to such “fish pond” is to the Mad Ranch Pond described in Paragraph 4 above. The historic uses include for stock water and to fill, refill and continuously provide water to flow into and through Mad Ranch Pond for the historic absolute uses to which such Mad Ranch Pond was decreed, for replacement of evaporation losses from such Pond, for fish propagation, for recreation, and for stock water. 6. Description of Hoelzen Pump No. 2: A. Decreed in Case No. CA-3926. Decree was amended by Amended Decree in Case No. CA-3926. B. Court: Routt County District Court, Water Division No. 6. C. Date of Decree: May 30, 1972. Decree was amended by Amended Decree in Case No. CA-3926 dated September 27, 1972. D. Location of Point of Diversion: On the east bank of the Elk River at a point from whence the East quarter Corner of Section 14, T7N, R85W of the 6th P.M. bears South 76 degrees 12 minutes 43 seconds East 2578.56 feet. E. Source of Water: The Elk River. F. Decreed Appropriation Date: June 15, 1968. G. Amount of Water Awarded: 0.22 cfs (absolute). H. Amount of Water owned by Applicant J.G. Amato Company, LLC, for which changes of water rights are sought in this Application: 0.04 cfs out of the 0.22 cfs decreed to the Hoelzen Pump No. 2 in Case No. CA-3926. I. Decreed and Historic Uses: For the 0.22 cfs decreed in Case No. CA-3926, as amended by Amended Decree in Case No. CA-3926, entered September 27, 1972, the decreed uses are domestic and irrigation. The lands for which such domestic and irrigation uses were originally decreed are only described in the decree in Case No. CA-3926 as “located in the immediate vicinity of the confluence of Mad Creek with Elk River.” The historic usage of the .04 cfs owned by Applicant, out of the 0.22 cfs originally decreed, include piping of such amount of water from a pump on the Elk River at the point of diversion thence easterly and across RCR 129 onto that portion of the Mad Mountain Ranch described as being in the SW1/4 of Section 14, T7N, R85W of the 6th P.M., easterly of RCR 129, for domestic use in an old red brick house (since removed) and for lawn irrigation of approximately 3 acres (such portion of approximately 3 acres containing the irrigated lawn and old red brick house being hereinafter called the “Original House and Lawn”).

CHANGES OF WATER RIGHTS:

7.A. For Mad Ranch Pond, change the decreed uses to add and include, as beneficial uses, appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, absolute and with a priority date of September 30, 1977. 7.B. For Mad Ranch Pond, change the decreed uses to also add and include, as beneficial uses, for recreational, fish propagation, replacement of evaporation losses, and stock watering, absolute and with a priority date of September 30, 1977. 7.C. For the H.E. Turner Ditch, Original Decree, for 0.66 cfs, and for the H.E. Turner Ditch First Enlargement, for 0.266 cfs, all as described in Paragraph 5 above, change the decreed uses to also add and include, as beneficial uses, to fill, refill and continuously provide water to flow into Mad Ranch Pond for use for appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, all absolute and with a priority date of September 30, 1977. 7.D. For the H.E. Turner Ditch, Original Decree, for 0.66 cfs, and for the H.E. Turner Ditch First Enlargement, for 0.266 cfs, all as described in Paragraph 5 above, change the decreed uses to also add and include, as beneficial use, for stock water, absolute and with a priority date of October 1, 1892, for the Original Decree, and a priority date of July 31, 1965, for the First Enlargement. 7.E. For the H.E. Turner Ditch, Original Decree, for 0.66 cfs, and for the H.E. Turner Ditch First Enlargement, for 0.266 cfs, all as described in Paragraph 5 above, change the decreed uses to also add and include, as beneficial uses, to fill, refill and continuously provide water to flow into and through Mad Ranch Pond for piscatorial use, absolute, with priorities for each water right of October 1, 1892, for the Original Decree, and of July 31, 1965, for the First Enlargement Decree. 7.F. For the H.E. Turner Ditch, Original Decree, for 0.66 cfs, and for the H.E. Turner Ditch First Enlargement, for 0.266 cfs, all as described in Paragraph 5 above, change the decreed uses to also add and include, as beneficial uses, to fill, refill and continuously provide water to flow into and through Mad Ranch Pond for replacement of evaporation losses, for recreational, and for stock watering, all absolute and with a priority date of September 30, 1977. 7.G. For Hoelzen Pump No. 2, change the 0.04 cfs owned by the Applicant to (i) add an alternate point of diversion at the present location of the Hoelzen Pump No. 1 water right, which is located at a point on the south bank of Mad Creek from whence the East Quarter Corner of Section 14, T7N, R85W of the 6th P.M. bears South 89 degrees 43 minutes 50 seconds East 2,550.12 feet, as described in the Decree for said Hoelzen Pump No. 1 entered as Priority No. 49 in CA-3926, originally decreed by date of May 30, 1972, and amended by Amended Decree dated September 27, 1972, also being located within Lot 1, Mad Creek Village Pump House Exemption, File No. 12851, Routt County records, and also (ii) change the domestic use and lawn acreage being irrigated from the Original House and Lawn to a different approximately 3 acre area and J.G. Amato home, for domestic use in such home and irrigation of approximately 3 acres of lawn adjacent to such home (herein called the “New House and Lawn”), said New House and Lawn also being located within the said SW1/4 of said Section 14 in the Mad Mountain Ranch, and situated uphill and easterly of the Original House and Lawn, all changes to Hoelzen Pump No. 2 being absolute and with the original priority date of July 15, 1964. 7.H. To confirm that the uses described in Paragraphs 7.D and 7.E above were 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 Hot Spring Creek, in Case No. 77CW1335, priority date of 9-23-1977, and the Change of Water Right Decree for 2.0 cfs of the First Enlargement of the H.E. Turner Ditch to instream flow uses in Case No. 04CW24, Water Division No. 6, and that therefore such uses are senior and superior to all three of such instream flow decrees, pursuant to CRS Section 37-92-102(3)(b). 7.I. To confirm that the changes decreed to Hoelzen Pump No. 2 as described in Paragraph 7.G above do not injure either the instream flow decree of the CWCB on the Elk River, in Case No. 77CW1331, priority date of 9-23-1977, or the CWCB instream flow decree on Mad Creek, in Case No. 79CW223, priority date of 12-5-1979, and therefore such changes are senior and superior to both of such instream flow decrees.

  1. Name and Address of the owner of land on which Mad Ranch Pond and the headgate of the H.E. Turner Ditch are located, and the Original House and Lawn and New House and Lawn are located, are J.G. Amato Company, LLC, ATT: John G. Amato, Esq., 1615 Poydras Street, New Orleans, LA 70112. The Name and Address of the owner of land which is the present point of diversion of Hoelzen Pump No. 1, and which is by the Application proposed to become also the alternate point of diversion for the Hoelzen Pump No. 2, is Mad Creek Water System Association, PO Box 771265, Steamboat Springs, CO 80477-1265. 9. Limitation on location of Depletions under Existing and Future Junior Priorities for which Augmentation Water From Structures 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 Mad Ranch Pond and/or H.E. Turner Ditch, Original Decree and First Enlargement, will be limited to depletions occurring within the Mad Mountain Ranch. 10.

WHEREFORE, the Applicant prays that the Court enter its Decree as follows: 1. Changing the decreed uses of the Mad Ranch Pond to add and include, as beneficial uses, (i) appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, absolute and with a priority date of September 30, 1977, as described in Paragraph 7.A above, and (ii) for recreational, replacement of evaporation losses, fish propagation, and stock watering, absolute and with a priority date of September 30, 1977, as described in Paragraph 7.B above; and 2. Changing the decreed uses for the H.E. Turner Ditch, Original Decree, for 0.66 cfs, and for the H.E. Turner Ditch First Enlargement, for 0.266 cfs, all as described in Paragraph 5 above, to also add and include, as beneficial uses, (i) to fill, refill and continuously provide water to flow into and through Mad Ranch Pond for replacement of evaporation losses, for recreational, and for stock watering, all absolute and with a priority date of September 30, 1977, (ii) to fill, refill and continuously provide water to flow into and through Mad Ranch Pond for piscatorial use, absolute, with priorities for each water right of October 1, 1892, for the Original Decree, and of July 31, 1965, for the First Enlargement Decree, (iii) for stock water, absolute and with a priority date of October 1, 1892, for the Original Decree, and a priority date of July 31, 1965, for the First Enlargement, and (iv) for appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and all other augmentation uses, absolute and with a priority date of September 30, 1977, all as described in Paragraphs 7.C, 7.D, 7.E, and 7.F above. 3. For the 0.04 cfs owned by the Applicant in Hoelzen Pump No. 2 water right, change to (i) add an alternate point of diversion at the present location of the Hoelzen Pump No. 1 water right, and also (ii) change the domestic use and lawn acreage being irrigated from the Original House and Lawn to the New House and Lawn, all as described in Paragraph 7.G above, and also to confirm that such changes decreed to Hoelzen Pump No. 2 do not injure either the instream flow decree of the CWCB on the Elk River, in Case No. 77CW1331, priority date of 9-23-1977, or the CWCB instream flow decree on Mad Creek, in Case No. 79CW223, priority date of 12-5-1979, and therefore such changes are senior and superior to both of such instream flow decrees. 4. Confirming that the uses described in Paragraph 7.D and 7.E above were present uses and practices of diversions in the H.E. Turner Ditch 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 Hot Spring Creek and the Change of Water Right Decree for 2.0 cfs of the First Enlargement of the H.E. Turner Ditch to instream flow uses in Case No. 04CW24, Water Division No. 6, and that therefore such uses are senior and superior to all three of such instream flow decrees, pursuant to CRS Section 37-92-102(3)(b). 4. For such other and further relief as may be determined by the Court. Respectfully submitted December 23, 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: /s/ M. Rene Mattone

Court Judicial Assistant

Published in The Steamboat Pilot & Today

Publication Date: Janaury 23, 2011

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