Application for finding of reasonable diligence regarding water rights.

IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4STATE OF COLORADOTO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of April 2026.The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:The water right claimed by this application may affect in priority any water right 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.Case No. 26CW3024 (Ref No. 08CW193, 19CW3085) Montrose CTY., Application for Finding of Reasonable Diligence and to Confirm Abs., Eldred CO Family, LP c/o Sara M. Dunn and J. Drew Hancherick, Balcomb & Green, P.C. Drawer 790, Glenwood Springs, CO 81602; (970) 945-6546; www.balcombgreen.com. Applicant seeks a finding that it has been reasonably diligent in the development of the cond. water right for the Spirit Ditch, and the two alternate places of storage decreed to the Finch Reservoir, the Hofmann Reservoir No. 16, Finch Reservoir Enlargement and the Hofmann Reservoir No. 17, Finch Reservoir Enlargement ("Subject Water Rights"). Applicant further requests this Court confirm the Hofmann Reservoir No. 16, Finch Reservoir Enlargement and the Hofmann Reservoir No. 17, Finch Reservoir Enlargement have been made absolute. Decree Information: The Court originally decreed the Subject Water Rights in Case No. 08CW193 on November 18, 2013, and entered subsequent findings of diligence in Case No. 19CW3085 on 04/0120, in District Court, Water Division 4. The Finch Reservoir was originally decreed in Case No. W-1359 on 02/16/73, in District Court, Water Division 4. First Claim for Findings of Reasonable Diligence . Storage Water Right: Hofmann Reservoir No. 16, Finch Reservoir Enlargement. Legal Description: The S.E. end of the reservoir at the inflow point for the Hofmann Reservoir Nos. 16/17 Ditch is described as the SWl/4 NWl/4 SWl/4, Sec. 34, T. 46 N., R. 10 W., N.M.P .M., 1,630 feet from the S. Sec. Line and 420 feet from the W. Sec. line of said Sec. 34. GPS location coordinates in NAD 83: 13 S 240425, 4231502 (points were averaged; Garmin Map 76CS). The Hofmann Reservoir No. 16 was originally decreed in Civil Action 5882, District Court, Montrose County. The Court corrected the legal description of the Hofmann Reservoir No. 16 to its actual location in Case No. 05CW272, District Court, Water Division 4. Amt. Claimed: 178 acre-feet (AF). The cumulative annual storage in Hofmann Reservoir No. 16, Finch Reservoir Enlargement and the Hofmann Reservoir No. 17, Finch Reservoir Enlargement shall not exceed 178 AF combined. Uses: Irr., Dom., piscatorial and Rec. uses. Irr. from the Hofmann Reservoir No. 16, Finch Reservoir Enlargement shall be limited to land that could have been irrigated from Finch Reservoir as originally decreed in Case No. W-1359. Date of Approp.: 11/01/71. Source: Tributary to Middle Horsefly Creek, tributary to Horsefly Creek tributary to the San Miguel River. The reservoir is off-channel and may be filled by the following ditches: Hofmann Reservoir Nos. 16 and 17 Ditch. Fill Rate: 3.0 c.f.s. Legal Description: The feeder ditch headgates are located on the mainstem Middle Fork Horsefly Creek and on an up-gradient tributary to the mainstem of Middle Fork Horsefly Creek. The locations of the two diversion points for the Hofmann Reservoir Nos. 16/17 Ditch were confirmed in the decree entered in Case No. 05CW272 as follows: NW1/4 NWl/4 SEl/4, Sec. 34, T. 46 N., R. 10 W., N.M.P.M., 2,100 feet from the S. Sec. line and 2,120 feet from the E. Sec. line of said Sec. 34; GPS location coordinates in NAD 83: 13 S 241270, 4231625 (points were averaged; Garmin Map 76CS); and SE1/4 SWl/4 NEl/4, Sec. 34, T. 46 N., R. 10 W., N.M.P.M., 2,900 feet from the S. Sec. line and 1,890 feet from the E. Sec. line of said Sec. 34; GPS location coordinates in NAD 83: 13 S 241341, 4231875 (points were averaged; Garmin Map 76CS. Spirit Ditch as described in paragraph 6 below. Remarks: Applicant has completed the subject storage facilities and, on 05/30/25, placed the subject water rights to beneficial use by filling the reservoir while in priority, as no calls were in effect on Horsefly Creek or the San Miguel River. Storage Water Right: Hofmann Reservoir No. 17, Finch Reservoir Enlargement . Legal Description: The S. end of the reservoir is described as the NWl/4 SEl/4 SEl/4, Sec. 33, T. 46 N., R. 10 W., N.M.P.M., 1,150 feet from the S. Sec. line and 720 feet from the E. Sec. line of said Sec. 33. GPS location coordinates in NAD 83: 13 S 240064, 4231374 (points were averaged; Garmin Map 76CS). The Hofmann Reservoir 17 was originally decreed in Civil Action 5882, District Court, Montrose County. The Court corrected the legal description of the Hofmann Reservoir No. 17 to its actual location in Case No. 05CW272. Amt.: 178 AF. The cumulative annual storage in Hofmann Reservoir No. 17, Finch Reservoir Enlargement and the Hofmann Reservoir No. 16, Finch Reservoir Enlargement shall not exceed 178 AF combined. Uses: Irr., Dom., piscatorial and Rec. uses. Irr. from the Hofmann Reservoir No. 17, Finch Reservoir Enlargement shall be limited to land that could have been irrigated from Finch Reservoir as originally decreed in Case No. W-1359. Date of Approp.: 11/01/71. Source: Tributary to Middle Horsefly Creek, tributary to Horsefly Creek, tributary to the San Miguel River. The reservoir is off-channel and may be filled by the following ditches: Hofmann Reservoir Nos. 16/17 Ditch as described in paragraph 4.5.1.2. above. Spirit Ditch as described in paragraph 7 below. Remarks: Applicant completed the subject storage facilities and, on 05/30/25, placed the subject water rights to beneficial use by filling the reservoir while in priority, as no calls were in effect on Horsefly Creek or the San Miguel River. Surface Water Right: Spirit Ditch. Legal Description: NW1/4 SE1/4 SE1/4, Sec. 34, T. 46 N., R. 10 W., N.M.P.M., 770 feet from the E. Sec. line and 770 feet from the S. Sec. line of said Sec. 34. UTM coordinates in NAD 83: 13 S 0241665; 4231220. Amt.: 3.0 c.f.s., cond. Uses: Delivery of water into storage in Spirit Reservoir (decreed in Case No. 07CW216, District Court, Water Division 4), and Hofmann Reservoir 16, Finch Reservoir Enlargement and Hofmann Reservoir No. 17, Finch Reservoir Enlargement. Source: Middle Fork Horsefly Creek, tributary to Horsefly Creek, tributary to the San Miguel River. Date of Approp.: 11/01/71, and 12/31/08, adjudication date. Remarks: The Spirit Ditch is designed to deliver water that would have been stored in the original Finch Reservoir site into the alternate places of storage located upgradient of the original Finch Reservoir site described herein and in Case No. 07CW216. Landowner Information: Applicant is the owner of the land upon which the structures are or will be located. Integrated Water System: In Case No. 08CW193, the Court recognized the Subject Water Rights as components of an integrated water supply for Applicant's property. "When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system." C.R.S. § 37-92-301(4)(b). In the six years preceding the filing of the Application, Applicant has diligently pursued development of the subject water rights. Second Claim to Confirm Absolute Water Right. Summary of Claim: Applicant requests the Court confirm the Hofmann Reservoir No. 16, Finch Reservoir Enlargement and the Hofmann Reservoir No. 17, Finch Reservoir Enlargement have been made absolute by Applicant's application to beneficial use. Applicant filled these two reservoir under the junior storage rights in priority during a period extending from 05/15/25 through 05/30/25. Storage Water Right: Hofmann Reservoir No. 16, Finch Reservoir Enlargement , as described above in paragraph 4. Date of Beneficial Use: 05/30/25. Amt. Claimed Absolute: 178 AF. The cumulative annual storage in Hofmann Reservoir No. 16, Finch Reservoir Enlargement and the Hofmann Reservoir No. 17, Finch Reservoir Enlargement shall not exceed 178 AF combined. Amt. Remaining Cond.: 0 AF. Uses: All decreed uses. Description of Beneficial Use: On 05/30/25, Applicant filled the reservoir under the applicable priority. During the period of 05/14/25 through 05/30/25, no senior calls were placed on Horsefly Creek or the San Miguel River. As a result, water was legally and physically available for diversion and storage by Applicant, and such diversion occurred while in priority. The filling of the reservoir therefore constitutes beneficial use sufficient to perfect the subject cond. water right to absolute. Storage Water Right: Hofmann Reservoir No. 17, Finch Reservoir Enlargement , as described above in paragraph 5. Date of Beneficial Use: 05/30/25. Amt. Claimed Absolute: 178 acre-feet. The cumulative annual storage in Hofmann Reservoir No. 17, Finch Reservoir Enlargement and the Hofmann Reservoir No. 16, Finch Reservoir Enlargement shall not exceed 178 AF combined. Amt. Remaining Cond.: 0 acre-feet. Uses: All decreed uses. Description of Beneficial Use: On 05/30/25, Applicant filled the reservoir under the applicable priority. During the period of 05/15/25 through 05/30/25, no senior calls were placed on Horsefly Creek or the San Miguel River. As a result, water was legally and physically available for diversion and storage by Applicant, and such diversion occurred while in priority. The water was subsequently used for Irr. WHEREFORE, Applicants respectfully request the Court enter a Decree: (1) confirming that Applicant has placed the Hofmann Reservoir No. 16, Finch Reservoir Enlargement and the Hofmann Reservoir No. 17, Finch Reservoir Enlargement water rights to beneficial use while in priority for the amts. and uses further described herein and entering a decree confirming such rights as absolute; (2) finding that Applicant has been reasonably diligent in the development of the Spirit Ditch cond. Subject Water Right for the amts. and uses further described herein; (3) continuing the cond. Subject Water Right in full force and effect for an additional six years; and (4) for such other relief as the Court deems proper. The application on file with the Water Court contains an outline of the work performed during the diligence period. MONTROSE COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of June 2026 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 a Statement of Opposition must also be served upon the applicant or the applicant's attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $192.00; Forms may be obtained from the Water Clerk's Office or on our website at Division 4 | Colorado Judicial Branch This publication can be viewed in its entirety on the state court website at: Division 4 | Colorado Judicial Branch .) JODI HANSON, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401Date: May 6, 2026MDP001616