HomeMy WebLinkAbout06.0 1990 Water Plan111=131111111111w
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
CCasc No. 90CW102
RULING OF THE RP,FERD33 (1 of 2)
CONCERNING THE APPLICATION FOR AMENDMENT OF PLAN FOR
AUGMENTATION AND FOR CHANGE OF WATER RIGHTS OF:
HAWK RIDGE HOMEOWNERS ASSOCIATION, a Colorado Corporation,
in Garfield County, Colorado
The above -entitled application was filed on May 17, 1990, and refereed to the
undersigned Water Referee for Water Division No. 5, State of Colorado, by the Water Judge
of said Court in accordance with the provisions of Article 92 of Chapter 37, Colorado Revised
Statutes 1973, known as the Water Rights Determination and Administration Ast of 1969.
The Referee, being fully advised of the content% of the ?.pplication, Statements of
Opposition, Withdrawals, and Stipulations filed by the parties and being fully advised with
respect to the subject matter of the application, does hereby make the following determination
and Ruling of the Referee in this matter, to -wit:
I. The name, address, and telephone number of the Applicant is Bawl: Ridge
Homeowners Association, clo President, P. O. Boz 845, Carbondale, Colorado 81623. Also,
c/o Leavenworth & Lochhead, P.C., 1011 Grand Avenue, P. O. Drawer 2030, Glenwood
Springs, Colorado 111602.
2. Timely and adequate notice of the filing of this application was given as required
by law,
3. Statements of Opposition were filed by the State and Division Engineers, the
Colorado Water Conservation Board, and 'Pack Ditch and Reservoir Company. 'Ire Objector
State of Colorado through the Colorado Water Conw rveUon Board (the 'Board) has withdrawn
its Statement of Opposition. The State and Division Engineers end Park Dit:h and Reservoir
Company have entered into Stipulations consenting to the entry of this Ruling: Suc1 Stipulation
with the Park Ditch and Reservoir Company and State and Division Engineers msolves only
those claims as set forth in the Ruling of the Referee below.
4. 1'lans for augmentation for the Hawk Ridge Subdivision were adjudicated in case
Nos. 82CW045 and 82CW096. The Applicant is requesting- an amendment to those
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Case No. 90CW) 02
Page 5
A. This amendment to the augmentation plan is proposed. by the Applicant to: (1)
Accotrt for the change in wastewater treatment facilities; (2) to claim sideitionsl
historic consumptive use credit associated with additional land removed from
irrigation to augment additional uses; and (3) to allow direct flow irrigation use
by diversion from Cattle Crrek through the Park Ditch of a portion of the
Applicant's augmentation water previously committed io r,ugmentation.
L. In Case Nos. 82CW045 and 82CW096, the decrees were issued upon the
assumption that evapotranspiration wagewater treatment ;'acilities were necassary
for this development. The Applicant has completed soils e.u1 engineering studies
whirls indiic to that all 17 lots of she spbeivis on cm be ::eru j by wp is ranii
lea.chfield wastewater treatment systems. The augmentation plans decreed in Cask
Nos. 82CW045 and 82CW096 are based upon 100 percent consumptive use o:•
all in-house diversions. The estimated consumptive use rate for septic ► .r k/
leacttfield systems is 1S percent of all in-house diversion, and the Applicant
wishes to take advantage of r&ts decrease in the amount of consumptive use.
C. The Applicant requested the following changes in its application:
(1)
Increase the. diversion of watts per rut to 350 gallons 1%cr day for the main
ro_141___.tce igus 115 gallons per danxr g`uehoj and
(2) Increase the amount of irrigation from 1,000 square fora to S,a10 square
feet per lot; and .
(3) Increase the number of livestock for each lot from two to four.
D. The amount of land dried up that was originally irrigated by the CAM Ditch and
C&' Entatgemcnt of the C&Ivi Ditch watet rights has ben recalculated to be 6.5
acres rather than 5 acres. The additional 1.5 acres of dry tm (total cif 6,5 erres)
results in a total of 9.75 acta•feet of consumptive use en' its available rasher than
the previously adjudicated 7.5 acre-feet. This calculation is made upon the same
leis as sct forth in Cr.se No. 82CW496. This 9.75 sem-fest of oottsumptiye t►�c
credit will be used to augment for depletion as set fortis in the previous cams and
as referenced herein.
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The subdivision as currently planned will experience 6.80 acre -feel of jls ons
per year and 1.30 acre-feet of pond evaporation per year. The total amount of
depletions is 8.1 acre-feet per year. However, :he Applicant hereby commits
8.25 acre-feet of historic consumptive use credits to this plan. This leaves 1.50
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