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Order no: 10455951
Start Date: 05/28/2017
Expires: 03/27/2018
15455-1 DISTRICT COURT, WATER DIVISION 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 6 Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of APRIL, 2017 . 15CW3032 ROUTT COUNTY, COLORADO. AMENDMENT TO APPLICATION. CONCERNING THE APPLICATION FOR WATER RIGHTS OF RICHARD COUNTS . DISTRICT COURT, WATER DIVISION NO. 6, STATE OF COLORADO, 1955 Shield Dr., P.O. Box 773117, Steamboat Springs, CO, 80477. Applicant, Richard Counts, by and through his undersigned attorney, amends his Application for Conditional Underground Water Right, Conditional Water Storage Right, an Approval of Plan for Augmentation (the “Application”) in this matter as follows: Subsections 5(b) and 5(c)(i) of the Application are amended in their entirety to read as follows: b. Water to be used for Augmentation. Releases of water from Bellyache Reservoir. Bellyache Reservoir is an existing reservoir located in the NE1/4SW1/4 of Section 15, T2N, R86W of the 6th P.M. The center of the dam is located at UTM coordinates Easting 327258 and Northing 4445657, Zone 13. The Reservoir was decreed in Case No. 94CW97 for 9.5 acre feet absolute. The owner of the Reservoir, James T. Redmond, Jr. is filing an application to add augmentation as a use in addition to the Reservoir’s existing decreed uses, to be used as augmentation water to replace out-of-priority depletions associated with the initial fill of and ongoing evaporation from the Pond, plus any transit losses charged, pursuant to an Augmentation Water Purchase Agreement between Applicant and Mr. Redmond, Jr. dated effective May 1, 2017. c. Statement of Plan for Augmentation. By this application, as amended, the Applicant seeks to augment out-of-priority depletions associated with the Counts Fish Pond. Augmentation Plan. To offset any initial out of priority fill and subsequent evaporative losses associated with the Counts Fish Pond, fully consumable augmentation water stored in Bellyache Reservoir will be released to South Hunt Creek, a tributary of the Yampa River, in such amount as needed to offset such out of priority depletions, plus any associated transit losses charged by the Division Engineer. Releases to offset evaporative losses will be made on a monthly or other basis determined by the Division Engineer and/or the local Water Commissioner in accordance with the table attached as Exhibit B [to the original Application]. A map depicting the location of the Counts Fish Pond and Bellyache Reservoir is attached hereto. Bellyache Reservoir and the land upon which it is located are owned by James Redmond, Jr. whose mailing address is 5872 W. Seer Ridge Street, Boise, ID 83716. (1 page) You are hereby notified that you will have until the last day of JUNE, 2017 to file with the Water Court 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 be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487. MARY ANN NINGER CLERK OF COURT ROUTT COUNTY COMBINED COURT WATER DIVISION 6 /s/ Dylan Walters Deputy Court Clerk Published in the Steamboat Pilot & Today Publication Date: May 28, 2017 10455951