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Home My WebLink About20022637.tiff DISTRICT COURT %F>rU WATER DIVISION NO. 1 jz 1° 'no• STATE OF COLORADO ""P.O.BOX C JONATHAN W. HAYS,JUDGE�� ,).� FR 9: 0? RAYMOND S. LIESMAN,REFEREE ij GREELEY, COLORADO 80632 MARY A. CRESPIN, CLERK (970) 351-7300, Ext. 4550 • September 16,2002 Re: 2002C W155 155 Dear Landowner: The Water Court Referee for Division 1 has instructed me to forward a copy of the resume notice or application filed during the month of July, 2002 pursuant to C.R.S.,37-92-302 C. YOU ARE HEREBY NOTIFIED THAT YOU HAVE , until the last working day of September,2002 to file with'the Water Clerk in quadruplicate 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 also be served upon the Applicant or the Applicant's Attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,CRCP.(Filing fee: $45.00). Mary A. Crespin, Water Clerk, Water Division I, POB 2038, Greeley, CO 80632. Sincer yourssia, j M ry respin Water Clerk Water Division No. I Enclosures • (C/25f)//7' geiidc. 2002-2637 FILED 6S WELD COUNTY COME'IN}_D COURTS 2002 JUL 31 PM 4: 02 DISTRICT COURT, WATER DIVISION ONE COLORADO Water Court, Division No. 1 Weld County Court House 909 9th Avenue Greeley, Colorado 80631 (970) 351-7300 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE HAUCK A COURT USE ONLY A PRESERVE AT IDAHO CREEK, LLC ON BOULDER CREEK IN WELD COUNTY Carolyn F. Burr, #25978 Case No.o7CCD2a-c)!SS Friedlob Sanderson Paulson& Tourtillott, LLC 1775 Sherman Street, 219°Floor Div: Ctim: Denver, Colorado 80203 Telephone: (303) 571-1400 Facsimile: (303) 615-5472 E-mail: cfburr@52801aw.com APPLICATION FOR CONDITIONAL DIRECT FLOW AND STORAGE RIGHTS 1. Name, Address and Telephone Number of Applicant: The Hauck Preserve at Idaho Creek, L.L.C. 1435 WCR 6%2 Longmont, Colorado 80504 (303) 828-3879 Please forward all correspondence or inquiries regarding this matter to: Carolyn F. Burr, Esq. Friedlob Sanderson Paulson &Tourtillott, LLC 1775 Sherman Street, Twenty-First Floor Denver, Colorado 80203 (303) 571-1400 81312.WPD:1 2. Claim for Direct Flow Right: Applicant claims the following as alternate points of diversion, one or more of which may be used to divert Applicant's claimed direct flow right of 2.5 cfs: a. East Hauck Preserve Diversion Structure: i. Legal Description: The East Hauck Preserve Diversion Structure will be located in the SW'/ of the NE'/ of Section 29, Township 2 South, Range 68 West of the 6th P.M. at a point approximately 2600 feet south of the North section line and 1500 feet west of the East section line. ii. Source: Seepage and tiled drainage from up-gradient lands, including irrigation return flows from the Lower Boulder Ditch and the Boulder and Weld Ditch which return to Boulder Creek and/or Idaho Creek down gradient of the subject property. iii. Date of Appropriation: June 26, 2002. The appropriation date is based upon the Applicant's formation of intent to appropriate, engineering and legal investigation and analysis of proposed appropriation and diversion sites, and land use planning for the subject property. iv. Date water first applied to beneficial use: Not applicable. v. Amount Claimed: 2.5 cfs, CONDITIONAL vi. Uses: The water will be used for irrigation, domestic, livestock watering, recreation, fish and wildlife propagation, replacement, exchange, augmentation, with all uses to be made either on a direct flow basis or following storage of water in Hauck Preserve Pond (described below). Applicant may use and reuse the water to extinction. b. West Hauck Preserve Diversion Structure: i. Legal Description: The West Hauck Preserve Diversion Structure will be located in the SE'/ of the NW'/4 of Section 29, Township 2 South, Range 68 West of the 6th P.M. at a point approximately 2370 feet south of the North section line and 2020 feet east of the West section line. ii. Source: Seepage and tiled drainage from up-gradient lands, including irrigation return flows from the Lower Boulder Ditch and the Boulder and Weld Ditch which return to Boulder Creek and/or Idaho Creek down gradient of the subject property. 81312.WPD:1 2 iii. Date of Appropriation: June 26, 2002. The appropriation date is based upon the Applicant's formation of intent to appropriate, engineering and legal investigation and analysis of proposed appropriation and diversion sites, and land use planning for the subject property. iv. Date water first applied to beneficial use: Not applicable. v. Amount Claimed: 2.5 cfs, CONDITIONAL vi. Uses: The water will be used for irrigation, domestic, livestock watering, recreation, fish and wildlife propagation, replacement, exchange, augmentation, with all uses to be made either on a direct flow basis or following storage of water in Hauck Preserve Pond (described below). Applicant may use and reuse the water to extinction. c. Boulder Creek Diversion Structure: i. Legal Description: Applicant proposes to use the existing structure which diverts water from Boulder Creek into Idaho Creek. Said structure is located in the NW'/< of the SW'/ of Section 29, Township 2 North, Range 68 West of the 6`s P.M. at a point 20 feet east of the West section line and 2500 feet north of the South section line. ii. Source: Boulder Creek, a tributary to St. Vrain Creek, a tributary to the South Platte River. iii. Date of Appropriation: June 26, 2002. The appropriation date is based upon the Applicant's formation of intent to appropriate, engineering and legal investigation and analysis of proposed appropriation and diversion sites, and land use planning for the subject property. iv. Date water first applied to beneficial use: Not applicable. v. Amount Claimed: 2.5 cfs, CONDITIONAL vi. Uses: The water will be used for irrigation, domestic, livestock watering, recreation, fish and wildlife propagation, replacement, exchange, augmentation, with all uses to be made either on a direct flow basis or following storage of water in Hauck Preserve Pond (described below). Applicant may use and reuse the water to extinction. 81312.WPD:1 3 d. Idaho Creek Diversion Structure: i. Legal Description: Applicant proposes to located the Idaho Creek diversion structure in the SW'/4 of the NE'/a of Section 29, Township 2 North, Range 68 West of the 6`h, P.M. at a point 2620 west of the East section line and 1860 north of the South section line. ii. Source: Idaho Creek, a natural stream which is a actually a braid of Boulder Creek. iii. Date of Appropriation: June 26, 2002. The appropriation date is based upon the Applicant's formation of intent to appropriate, engineering and legal investigation and analysis of proposed appropriation and diversion sites, and land use planning for the subject property. iv. Date water first applied to beneficial use: Not applicable. v. Amount Claimed: 2.5 cfs, CONDITIONAL vi. Uses: The water will be used for irrigation, domestic, livestock watering, recreation, fish and wildlife propagation, replacement, exchange, augmentation, with all uses to be made either on a direct flow basis or following storage of water in Hauck Preserve Pond (described below). Applicant may use and reuse the water to extinction. 3. Claim for Storage Right: a. Name of Structure: Hauck Preserve Pond b. Legal Description: Hauck Preserve Pond will be a off-channel reservoir created through the excavation of sand and gravel. Hauck Preserve Pond will be located in the SE'/ of the NE'/4 and the SW'/ of the NE'/ of Section 29, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. c. If an off-channel reservoir, name and capacity of ditch or ditches used to fill the reservoir and legal description of each point of diversion: i. The East Hauck Preserve Diversion Structure, which will have a capacity of 2.5 cfs and the location of which is described in paragraph 2.a.i, above. ii. The West Hauck Preserve Diversion Structure, which will have a capacity of 2.5 cfs and the location of which is described in paragraph 2.b.i, above 81312.WPD:1 4 iii. The Boulder Creek Diversion Structure, which will have a capacity of 2.5 cfs and the location of which is described in paragraph 2.c.i, above. iv. The Idaho Creek Diversion Structure,which will have a capacity of 2.5 cfs and the location of which is described in paragraph 2.d.i, above. d. Source: Seepage and filed drainage from up-gradient lands, including irrigation return flows from the Lower Boulder Ditch and the Boulder and Weld Ditch, which return to Boulder Creek and/or Idaho Creek down gradient of the subject property, and Boulder Creek. e. Date of Appropriation: June 26, 2002. June 26, 2002. The appropriation date is based upon the Applicant's formation of intent to appropriate, engineering and legal investigation and analysis of proposed reservoir site, and land use planning for the subject property. i. Date water first applied to beneficial use: Not applicable. ii. Amount Claimed: 225 acre-feet, CONDITIONAL iii. Uses: The water will be stored and used for irrigation, domestic, recreation, livestock watering, aesthetic purposes, fish and wildlife propagation, replacement, exchange, and augmentation. Water stored in Hauck Preserve Pond will not be used for augmentation, replacement and exchange purposes without a prior approval of the water court or temporary approval by the Office of the State Engineer. iv. Surface Area of High Water Line: 10 acres v. Total Capacity: 225 acre feet (1) Active Capacity: 225 acre feet (2) Dead Capacity: 0 acre-feet 4. Information Pertaining to Direct Flow and Storage Claims: a. Number of Acres to be Irrigated: 80 acres b. Legal Description of Irrigated Acreage: The acreage to be irrigated by the above- described direct flow and storage rights is located in the S'h of the NE1 and the SEl/ of the NW'/ of Section 29, Township 2 North, Range 68 West of the 6`h P.M. A map depicting the property is attached as Figure 1. 81312.WPD:1 5 c. Name and address of owner of land on which the structures are located: i. East Hauck Preserve Diversion Structure, West Hauck Preserve Diversion Structure, and Hauck Preserve Pond are to be located on land owned by the Applicant. ii. The Boulder Creek Diversion Structure is proposed to be located on land owned by Weld County, 915 10"' Street, Greeley, Colorado 80631. iii. The Idaho Creek Diversion Structure is proposed to be located on land owned by Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502. Respectfully submitted this 30th day of July, 2002. FRIEDLOB SANDERSON PAULSON & TOURTILLOTT, LLC By: Carolyn F. r, #25978 ATTORNEYS FOR THE HAUCK PRESERVE AT IDAHO CREEK, L.L.C. 81312.WPD:I 6 VERIFICATION STATE OF COLORADO ) )ss. COUNTY OF DENVER ) I, Douglas H. Clements, as water engineering consultant for Applicant, Hauck Preserve at Idaho Creek, LLC, state under oath that I have read this APPLICATION FOR WATER RIGHTS, and that the same is true to the best of my knowledge, information, and belief. Douglas�ents, P.E. SUBSCRIBED AND SWORN to before me this 3o day of July, 2002 by Douglas H. Clements. 0. K1- • co% • Notary Public v�,•.CigL�G:ofl mtpi io$P fires: J\/ov. /7, aOO3 • rY 9.5-O: :////11 ''so . /,f_II rr 7'.-f- R 68 ail �► ./, . f , 1 J r+ / /it i. �' f (; ‘.. )) ir / - , / /'' 7 .- - - t / - % -': 2)lit / \ 's AS) -1 ill _I .' „ *___/ . ii ,5'"-./ •—' )''' ',.,$) —,s7 \,, -- . • , .,, ,•••••) .,..„ ,•,.. / II ;I ` ;t, � ..r/111 , � - �Y-t„, Diversion Point -' /- II II I,---t .r,,e‹-.;;;;N-7,-,, '�- `z from Idaho Creek "" -� i .}; :;k4q fRje �-., f 1y/� r T il I{ ��w�-Jam-' __.---9_,,„ �,,r-"" �,� - ';�s h'�`� �1s l i � ,r ti.�CR N /r .-.-1� 7 �fi .r ' �'.4- .-^.% i 49I5 29 9 WEL' COUNTY ROAD 16.5 ' "n i r ,,,:..-;,-- . ....----/y r---12 ,-----..__, 1 j ( )•-1 " `' .�'"' / Proposed East ! 2 ..--/il � 197. Proposed West Diversion Point i'".'f l o Diversion Point 1 o tip' Idaho Creek ! S t'.':•'' >_ Diversion Point -:l ill w __ I. . _ . from Boulder Creek c is 1 I U p// ter- {I 7 } � 1i $�/ / �I �\ ' • r � • C C. II ' '" rte~ — J j'; /, f _ - — \ ado �owers f • `'� �� 1� f f � ---- /� i ( t . ( 2 :c; I'/f // I l` J fF 1 �� /. Hauck Preserve at Idaho Creek, LLC I ‘..--- . pf I. ' 1000 0 1000 Feet Scale is 1:12,000 ./:?"/ --� 1 inch equals approximately 1000 feet %` • • Proposed Diversion Points M /f Property Boundary _ /�, :. : ...:..::::_::.:...,...-.7-•-_ 32'- ® irrigated Land .- :/.9,../ 'f ' r.... ..:..-7--...., Background map is USGS Drawn July 2002, SWE, Inc. Submit original plus three copies ❑ District Court Water Division , Colorado Court Address: CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Opposer: IN COUNTY. • COURT USE ONLY If Represented by an Attorney, Attorney's Name and Address: Case Number: Phone Number: E-mail: FAX Number: Atty. Reg. #: Division Courtroom STATEMENT OF OPPOSITION 1. Name, mailing address,telephone number(s) of Opposer: 2. State facts as to why the application should not be granted or why it should be granted only in part or on certain conditions: (Add additional sheets as necessary.) Signature of Opposer(or Attorney) Address of Opposer Telephone No.: STATE OF COLORADO COUNTY OF , state under oath that I have read this application and verify its content. Signature of Opposer Subscribed and affirmed, or sworn to before me in the County of , State of this day of , 20 My commission expires: Notary Public SEE REVERSE FOR CERTIFICATE OF MAILING JDF 303W R1/02 STATEMENT OF OPPOSITION Page 1 of 2 Submit original plus three copies CERTIFICATE OF MAILING I certify that the Statement of Opposition in the captioned case was served on the following by placing a copy of it in the United States Mail, first-class postage prepaid, on (date) , addressed as follows: Signature J0F 303W R1102 STATEMENT OF OPPOSITION Page 2 of 2 Hello