HomeMy WebLinkAbout1.0 Application for Change of Water Rights• •
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
CASE NO. W-2516-78
IN THE MATTER OF THE )
APPLICATION FOR WATER )
RIGHTS OF )
WESTBANK RANCH NO. 1, LTD. )
IN THE ROARING FORK )
RIVER OR ITS TRIBUTARIES
IN GARFIELD COUNTY
1
Fi Let, t
APPLICATION FOR CHANGE
OF WATER RIGHHT
(ALTERNATE Pc F:TS OP DIVERSION)
1. Name of applicant: estbank Ranch No. ]
, Ltd.
Mailing addr :v es Larson,
476
;1 -:nd Springs, CO. 3.. 0]
at
2. Name of ditch or other structure:- ROBERTSON DITCII NO.
3. Present point of diversion: The headgate of the Robertson
Ditch is located on the Westerly bank of the Roaring Fork
River at a point whence the Southeast Corner of Section 12,
T. 7 S., R. 89 W. of the 6th P.M. bears N. 27°56' W. 2,788.14
fcet.
4. Alluunt nnc;1
A. The 1:obertson Ditch has been awarded the following in
previous Civil Actions: Priority No. 52 for. 4.0 cubic feet
of water per second of time by virute of original construct l'
relating bac': to February 11, 1883; Priority No. 112 for 3.
cubic feet of water per second of time by virtue of First
Enlargement relating Lack to April 1, 1885; Priority No. 595
for. 9.0 cubic feet of water per second of time by virtue of
Second Enlargement relating hack to April 2, 1950.
The applicant is the owner of an undivided two-fifths
interest in Priorities No. 52 and No. 112; and is the owner
of an undivided seven -ninths interest in Priority No. 595.
The total amount affected by this application is 10.0 cubic
feet of water per •second of time.
On April 26, 19-iC, this Court awarded in No. W-2516 a
change of water_ ri t allowing applicant to change the method
of use of said amount of water (10.0 cfs) so that applicant
may divert, at such tines as applicant desires, all of its
water from the Ditch to five storage ponds to be used for
recreational , niscatori al and irrigation nurroses for a qo] f
course.
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B. Applicant owns four underground water rights described
as follows:
(1) Westbank Ranch No. 1, Ltd., Well No. 1 for 15
gallons per minute relating back to December 31, 1962
for ordinary household purposes, watering of domestic
animals and livestock, irrigation of home gardens and
lawns, and other beneficial purposes, located at a point
whence the Southeast Corner of Section 35, T. 6 S.,
R. 89 W. of the 6th P.M. bears S. 78°16'05" E. 2889.75 feet,
in Garfield County, Colorado; decree entered January 5,
1973 in Case No. W-1064, Water Division No. 5.
(2) Westbank Ranch No. 1, Ltd., Well No. 2 for 15
gallons per minute relating back to December 31, 1962
for ordinary household purposes, watering of domestic
animals and livestock, irrigation of home gardens and
lawns, and other beneficial purposes, located at a point
whence the Southeast Corner of Section 35, T. 6 S.,
R. 89 W. of the 6th P.M. bears S. 81°15'39" E. 3298.51 feet,
in Garfield County, Colorado; decree entered January 5,
1973 in Case No. W-1064, Water Division No. 5.
(3) Westbank Ranch No. 1, Ltd., Well No. 3 for 0.055
cubic foot of water per second of time (25 g.p.m.) absolute
and 0.033 cubic fbot of water per second of time (15 q.p.m.)
conditional, relating back to December 1, 1976 for domestic
and commercial purposes, located in the SWd SEn of Section 35,
T. 6 S., R. 89 W. of the 6th P.M. at a point 1017 feet North
of the South line and 1326 feet West of the East line of
said Section 35; referee's ruling entered July 31, 1978 in
Case No. W-3691, Water Division No. 5.
(4) Westbank Ranch No. 1, Ltd. Well No. 4 for 135
gallons per minute relating back to July 1, 1978 for domestic,
commercial, and recreational purposes, located in the
SE' SW' of Section 35, T. 6 S., R. 89 W. of the 6th P.M. at
distances of 1237 feet North of the South line and 2961 feet
West of the East line of said Section 35; application filed
October 4, 1978 and pending.
5. Proposed Change and Plan for Operation:
At such times as diversions from the wells, or any of them,
under their own priorities are called out by senior decrees,
Applicant will transfer a sufficient amount of the water other-
wise diverted through the Robertson Ditch under Priority No. 52
to the well locations, or any of them, to enable Applicant to
continue pumping from the wells without interruption the amounts
of water adjudicated to them. To the extent the amount of water
under Priority No. 52 of the Robertson Ditch so transferred to
the wells as alternate points of diversion, Applicant will cease
diverting a like amount of water through the headgate of the
Robertson Ditch under Priority No. 52 and leave said like
amount of water in the Roaring Fork River. None of the wells
to date have been called out under their own priorities by
senior appropriators; and until and unless a valid, enforceable
call is made and administered, Applicant will Durr from the
wells under their own priorities and will divert through the
Robertson Ditch under its own priorities, without any transfer
or change of water right.
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6. Court where original decree entered: All decrees for the
Robertson Ditch were entered in the District Court in and
for the County of Garfield and State of Colorado.
Filing No.: 132 for Priority Nos. 52 and 112.
'-033 for Priority No. 595.
7. Date of appropriation: see paragraph 4.
8. Date of decree: May 11, 1889 for Priority Nos. 52
QUbe A 1952 for Priority No. 595.
Name and address
of Applicant:
Westbank Ranch No. 1, Ltd.
c/o John Huebinger, Jr.
P. 0. Box 983
Glenwood Springs, CO. 81601
State of Colorado )
County of Garfield ) ss.
and 112.
see p.149 Dec . -.e_
boort
Attorney for Applicant - Reg. No. 2603
Address: 719 Grand Avenue -P.O.Box 476
Glenwood Springs, CO. 81601
Telephone: (303) 945-8659
John Huebinger, Jr., being first duly sworn upon oath, desposes
and says that he has read the foregoing Application, knows the
contents thereof, and that the same are
true; and that he is
President of Westbank Development Co., Incorporated, general
managing partner of Westbank Ranch No. 1, Ltd., the Applicant.
• (�»
Subscribed and sworn to before me this
December, 1978.
My commission expires:
./
day of
•
- ee,
Notary Public