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Home My WebLink About3.0 Correspondence-Conditions of Approval-.BAI,COilB Et (iFNIi:N' P.C. .\'r"r() Ir li IiYri'\'r' l"-\\\' P'()' l) lr-'\\r}:lr 7'(lt) SI E f'()r'ori'\lt() --\tti\.-r'F: G r,IiNlt'()oD S l' El N(:st (:()l'()rl-\t'()s lt;()2 I(ENNETH BALCOtsIS r r 92O-2Oo5t OF CoUNSEL: JOHN A. THUL5ON SPECIAL CouNsEL: WALTER P' Lot't'|RY Eolv*o MULHALL' JR' ScOfi AALCODB LiwREsGE R' GREEH TIT4OTHY A. THUIS,o|| DA$o C. tl^LlFo'ro CHRlsroPtlEi L' CoYLE TlioHAs J' Hafi€srr CHFISToPH€F L GEEER ANHE MaRIE t"lcPHEE saRA M, OuiN DaNIEL C' WENNoGLE Scorr GFosscuP H#*Hvictoria Dorr 3531 cR 331 silt, co 81652 Tcr r*roNE'. 970'945'6546;il;*, e7o'e4s'Beo2 sar.rd('r balcotlrl'Brecn'c()ln JanuarY 20' 2006 :." Re: CaseNo' 04CW199 DollWell Dear Ricrra;::" ;':::To y:i::rhe Rurins oi 1T Reieree a,el rrre water Courrt Juctse rrers conrirnred the Rurins oi.R"9*" j'-'T{o*"''?'",,9 3"'1*fi:ilttH;""5:f';:'T:JH:iti Decree is enctosed-- Tl-," Court-has recognized Your *il:ri'Eiit*."".".,_Tri. lt is inrportaut lH:,.;:l H*I"; f# *!5.''1*' # n * p,,ll :"'"'1]:-;' "' #'5''' ; on o f * i'" : Itesources office ir,-ct".,*oocl sprrings-tofrotect uo" r*ui"'l'=nt appirrst anv iuture clainrs of ,-ru,'t-rt" and abandonment' Thank you again for trustirrgBalcomb & Greerr, P.C. to l.ranclle voul. t,vater case. Please let tle know il you have anv quesholrs' VerY trulY vours' BALCON'LB& CI{EEN' P' Bv SMD/ch ellC. ,' Sara M' Dtrntr _--ic=.*-a! i DTSTRICT COURT, W.A,TER DMSION 5. COT.ORADO i 1fig 81H SrnFrr (]t rLnarnnrr CDr:r..:,-c C(\ a1 (.n1s, (\ r. r vvl L v uauul I)r rn* rn- ll\nn\ ^ a F F^H-1 nL4\E. \7/V) a+J-CU/3 ATPLICAJVTS: RICFI,{RD DoLL aNp \:TrI oRT{ DoI.I- IN GARFIELD CoTIi\jTY, CoLoRADo. A COURTUSEONLY A C.rsr No.:04CWi99 Walen DlvlsroN 5 Thisrnattercamebefore &eCourtupon theApplicationof RichardandVictoria Doll for Finding of Reasonable Dlligence and to Make wui", Right Absolute. The WaterJudge refer::red the Application to the undersigned as Water Referee forWater Dvision No. 5, State of Colorado, in accordance with articte 92 of Title 87, ColoradoRevised Statutes 1173, Lcaown as the Water Right Determination and Administration Act of 1969. The Referee having made such investigation as is necessary to determine whetheror not the statements in the Application are true, and having become fully advised withrespect to thesubiectmatterof the Apptication herebymakes dre followingfindings of fact,condusions of law, and ruling. I. FINDINGSoFFAcT L' Applicants, Richard and Victoria Doll own the properfr on which the subject waterrights are located- Applicants'address is 353i Cluniy Road 331, Silt, CO g1652. Applicants are rePresented by Scott Balcornb and Sara M. Dunn, Balcomb & Green, P.c., P.o. Drarver 790, Glenwood springs, co glfl}z,Telephone: p4e g4515s46. 2' Applicant filed an Application for Finding of Reasonable Diligence and to Make Water Right Absolute on DecemberlS,?J[4. 3. The Application was properly published. AII publication costs have been paid. 4. No Statements of Opposition to the Application lcere tiled. The time for fi.l.ing such statements has expired- FTNDINGS OF FACT, RUth'G OF REFEREE,JUDGMETTITAND DECREE FOR FTNDING OFREASONABLE DNTCSNCE AND To MAIG I,TeTen. RIGHT ABSoLUTE 5_ II. C;:.;;;t-iOrvAL iTeTER Rtcnrs 5. Nlame of structure: Doii !\'eii A Information from p:'evious decree: i. Date of Original Decree: December 12,7998 Case No.: 97C'vV255 Court Disb'ict Court, Water Division 5 ii. LegalDescription: LocatedintheNWl !4$W7/4,Sertc.r5,Tc'....nship 5 South, Range 92 West of the 5e P.M. at a distance ef 1..-i$ feet from the South section lane and 1,(80 feet from the West seciisrr- iine. iii. Source: Unnamed tributary of Dry Hollow Creek, tritrutar','to the Colorado River. iv. Date of appropriation: 7l/WflW for domestic and irrigation uses. v. Amount: 15 gpm, conditional vi- Use: Domestic use in three single-family residences, induding iire protection and ordinary household uses, watering of domestic animals, and irrigation of lawns and gardens with an approximate area of 1 acre. vii. Depth: 15 feet 6. In the diligence period preceding the filing of this Application, Applicants have diligently pursued development of ihe subiect condi tional water right. Examples of work done to establish diligence.include: A- Applicants applied for and received a well permit to construct the DoIl Well in its present location. Well Perrnit Number 205439 was issued to Applicants on November 7,19%,with a maximum pumping rate of 15 gpm. B. Applicants drilled and completed the Doll WeII in the Spring ot7999,before the expiration of their well permit. The pump was installed and tested in March of 1999. C. Applicants have used the Doll Well to provide domestic water to their single- iamily residence since March of 1999. These uses include fire protectiorl, maintaining a small domestic garden and lawns of no more than one (L) acre FINDINCS OF FA(T, RULiNC OF REFEREE Ai,D IUDC&IE} T,l"\JD DECREE C;..sr No.04Cl,VI99 a 7. and watering domes iic animals, in addition to ordinary household uses o{ nc more than three (3) si*gie family dwellings. D. The Board of Examinerc approved a variance for this well on December2l, 2ffi4 The well was completed onApril ?2,1999 and a Constmction and Test Report was filed with the Dvision Engineer December "16,?ffi4 Claim to rnake Absolute A. WaterApplied to beneficialuse:Date: March \8,1999Amount 15 gpm Use:Domesiic and Lnigation B. Description of place of use where water is applied to beneficial use: Approximately 1. acre Iocated in the NWV4 SWU4, Section LT,Tawnship 6 South, Range 92 West of the 6h P.M. at 3531 County Road 331, Silt, CO. III. CoNCLUSIoNSoFLAw The foregoing Findings of Fact are incorporated herein to the extent they include conclusions of law. All notices required by law have been properly made, induding as required under C.R.S. 537-9?-3A2(3). The Court has jurisdiction over the Application and over all persons or entities that appeared or had standing to appear even though they did not do so. The Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act ot.1969, C.R.S. SS 37-92-101 through 602. The Court has given due consideration to the Division Engineer's Summary of Consultation Report dated October 27,2005. The Court finds that purzuant to C.R.S. 537-92-602(3), the well permit is exempt from the priority system and there is a presumption that there will be no material injury to any vested rights of others or any other existing well from the subiect well. Applicants have fulfilled all legal requirements for a decree for the requested finding of reasonable diligence and to make the Doll Well absolute, including C.R.S. SS 37- 924A1. and37-92-30?. Review of determinations made by the Division Engineer or the State Engineer in 1. 2. 3. 4. J. 6. 4 Casr. No. 04CW'Igq trr r^^,^. ^^ E r :* t,'.r " ',_ ^_ o_'+__'- adminiskation of the sublect rvater righB is a 'watef matter' over which this Court has exdusive jurisdiction. 8. The Application is in accordance &'ith Colorado taw. Applicants have fulfilled ail legal requirements of enty of a decree in this case- ry. IUDGMENTANDDECREE 1- The foregoingFindings of Fact and Cpnclusions of Law nre incorporated herein. 2- The Court hceby adjudges and decrees that Applicants have been reasonably diligent in perfecting ihe ionditional waher rights for the Dolt Well as described in Section I above. See C8..S. g 37 -97-fi1'(4xb). 3- The Court hereby adiudges and decrees that the water right for the Doll WelI is made absolute in its entirety. It is accordi"dy ordered that this Ruling of Referee, |udgment and Decree shall be filed with the Water'Clerk and.shall become effective upon such filing subject to judicial review pursuant to C,R.S. 537-qL:N4 as amended. It is further ordered that a copy of this Ruling of Referee and judgment and Decree shall be filed with Yf* and livision Engineers for Water Division No. 5. Done tt i" F ' ' n day of Dar pfnhef, zoos. Copyof teforegoing maiioJ toaiiCornsd / oi Record, vlrater Referee, Div. Enginear / and $hle Erq i*du*ejilq/o _ )urru Noprotestwasfiledinthismatter. TheforegoingRulingofRefereeisconfirmedand approved and is made the )udgement and Decree of this Court. BYTHE REFEREE :'}t[iF,ffi#";:ffi :c0r{8 & 6RtE! .nnrssrflt TIffi' s,riyE or qolGADo, 4"* o"#o^o E cniEER wH.lhfirrt*BtEF alLst 4_ Prpcc (qb ) ;fu[ffi rffirn*t rr'' surooo t tom- rlff*r=:gIrIf_ESG!(___., fl,rrpll*5rlla n4rrar@}|_ Ebcob lJen*rc @Nq ofte Deill L-. rh,erTr,&r Insamd EvuqEh,lr o#ru3Frssil }h,Acrets*,Ee;ffiffi] ESAES T*l rvd Dap0t Sdb l"qrd D@ lreaerted EJCrrs, btn( f T.$ ca'o qluahed on €r, D3b ffi_7' Tlne--;-T- a_Fo- :--- Ds m t]ms ,,,== .ErreAa elrl- tw I ort I tm t*lc'up ggurr nr*te h.rsh 3ad lsu llre carsrs firei crd dla ury rra rtrc rl rfly rrIttfilrr p Sectorr {f,]y{lO(el cns- ,D Ee.U;'er2 sM ,ir.rr carqrlcc p.rfry h oredgleo au b putcrirt#r ilriJr ;Amd",*J !r ---i l Nanr/nb @ace rype r ftevu S*uuesorl PPs-' jEELir.ssa-!_ kaalstiqr@ TIM{E DB,ENTY"E raartla_ -1._