DISTRICT COURT, WATER DIVISION 7, COLORADO
WATER RESUME
(This publication can be viewed in its entirety on the state court website at:
www.courts.state.co.us).
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7
Pursuant to C.R.S. 37-92-302, you are notified that the following is a portion of all water right applications filed in the Office of the Water Clerk during the month of May 2024, for Archuleta County.
2024CW3014 Archuleta County. Application for Finding of Reasonable Diligence. 1. Applicant: Catspaw Ranch, Inc. c/o Peregrine Financial Corporation, 222 Rosewood Drive, Suite 530, Danvers, MA 01923. Direct all pleadings and correspondence to Applicant’s counsel: William H. Caile, Holland & Hart LLP, 555 17th St. #3200, PO Box 8749, Denver, CO 80201-8749; telephone: (303) 295-8000; email:
whcaile@hollandhart.com 2. Name of Structure. New Bond House Ditch. 3. Information from Previous Decrees. a. Original decree: December 19, 1968 in Case No. 73-308D, District Court for Archuleta County. b. Subsequent decrees awarding diligence: At timely intervals as required by statute and the decrees entered with respect to this water right, Applicants have shown to the Court that reasonable diligence has been exercised in the development of this conditional water right, and the Court has ruled that said water right is to be continued in full force and effect. The previous such decree was issued on May 10, 2018, in Case No. 17CW3039, Water Division 7. c. Location: i. Navajo River Diversion: A headgate on the right or west bank of the Navajo River at a point whence the south quarter corner of Section 1, Township 33 North, Range 2 East, N.M.P.M. bears South 12°44’ West a distance of 16,993.5 feet. See Area Map on file with Water Court as Exhibit A. ii. Fall Creek Diversion: A headgate on the left or east bank of Fall Creek at a point within the southwest quarter of Section 24, Township 34 North, Range 2 East, N.M.P.M., whence the south quarter corner of Section 1, Township 33 North, Range 2 East, N.M.P.M. bears South 1°31’ East, a distance of 16,232.2 feet, and from which water will be carried in Fall Creek Ditch as a feeder South 14°53’ East a distance of 347 feet to the point of intersection of Fall Creek Ditch with said New Bond House Ditch. See Exhibit A. iii. Iron Creek Diversion: A headgate on the right or south bank of Iron Creek at a point within the southwest quarter of Section 25, Township 34 North, Range 2 East, N.M.P.M. whence the south quarter corner of Section 1, Township 33 North, Range 2 East, N.M.P.M. bears South 02°55’ East, a distance of 12,837.7 feet, and from which water will be carried in the Iron Creek Feeder South 39°30’ East a distance of 255 feet to the point of intersection of Iron Creek Feeder with said New Bond House Ditch. See Exhibit A. iv. Beaver Creek Diversion: A headgate on the right or south bank of Beaver Creek at a point within the southeast quarter of Section 26, Township 34 North, Range 2 East, N.M.P.M., whence the south quarter corner of Section 1, Township 33 North, Range 2 East, N.M.P.M. bears South 13°21’ East a distance of 12,355.8 feet, and from which water will be carried in the Beaver Creek Inlet in a southerly direction a distance of 770 feet to the Beaver Creek Reservoir, and will flow from the Inlet through and out of said reservoir, which will be provided with an outlet structure located South 44°45’ East a distance of 138 feet from the end of the Inlet to the reservoir, and which structure will be so constructed as to permit water to flow directly therefrom and thence South 67° 30’ East a distance of 315 feet through a feeder to the point where said feeder intersects said New Bond House Ditch. See Exhibit A. v. Aspen Creek Diversion: A headgate on the right or south bank of Aspen Creek at a point where the New Bond House Ditch intersects said creek within the northeast quarter of Section 2, Township 33 North, Range 2 East, N.M.P.M. whence the south quarter corner of Section 1, Township 33 North, Range 2 East, N.M.P.M., bears South 35°51’ East a distance of 5,264.9 feet. See Exhibit A. d. Source: Navajo River and its tributaries. e. Appropriation Date: October 5, 1966, priority 1968-253 f. Amount: 38.0 c.f.s., CONDITIONAL; i. Navajo River 15.0 c.f.s. ii. Fall Creek 5.0 c.f.s. iii. Iron Creek 10.0 c.f.s. iv. Beaver Creek 5.0 c.f.s. v. Aspen Creek3.0 c.f.s. g. Use: The subject conditional water right is decreed for domestic, irrigation, industrial, fire protection, resort, and stock watering. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed. The application on file with the Water Court contains a detailed description of activities and expenditures in furtherance of the development of the conditional water right. The list of activities and expenses is not intended to be exhaustive. Applicant reserves the right to submit additional evidence of reasonable diligence as necessary or appropriate. 5. Name and address of owners of land upon which any new diversion or storage structures, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: Applicant or its affiliates. Wherefore, Applicant respectfully requests the Court enter a ruling and decree: Finding that Applicant has demonstrated reasonable diligence in the development of the subject conditional water rights; Continuing the subject conditional water rights in full force and effect; and for such other relief as the Court deems just. (7 pages including exhibit)
THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of July 2024, to file with the Water Clerk, 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: $192.00; Forms are available through the Office of the Water Clerk or on the Judicial web site at
www.courts.state.co.us; Jason Poyer, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301; (970) 247-2304)
/s/ Jason Poyer
Water Court Specialist
Published: before June 30, 2024
Published June 13, 2024 in The Pagosa Springs SUN. (238964)
