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Jennifer A Bradbury, Moses Wittemyer Harrison & Woodruff PC
James R Montgomery, Moses Wittemyer Harrison & Woodruff PC
Authorize and file on: Mar 31 2005 4:35PM MST
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CO Garfield County District Court 9th JD cc: M. Thrush
Civil Water
Change
In the Matter of the Application for Water Rights of EnCana Oil & Gas (USA) Inc.
Originating Event
ENCANA OIL & GAS (USA), INC.
I will send you copies of the application and stamped envelopes to send to the land owners. I will
also e -mail you the resume notice first thing tomorrow morning (04/01/05). If you have any
questions, please give me a call. Thanks Jenn Bradbury 303.443.8782
Documents List
1 Document(s)
Originating Document, 9 Pages Document ID: 3340183. View Original View PDF
Filing Type:
Appl for Change of Water Right
Document title:
Application for Change of Water Right
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Party Attorney
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Firm
EnCana Oil & Gas (USA), Inc. (pending) Montgomery, James R Moses Wittemyer Harrison & Woodruff PC
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Party Attorney Firm
EnCana Oil 84.Gas_(�,.1SA), Inc. (pending) Montgomery, James R Moses Wittemyer Harrison & Woodruff PC
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DISTRICT COURT, WATER DIVISION NO. 5,
COLORADO
109 Eighth Street, #104
Glenwood Springs, Colorado 81601
Phone Number: 970.945.8109
IN THE MATTER OF THE APPLICATION FOR
WATER RIGHTS OF ENCANA OIL & GAS (USA)
INC.
IN THE COLORADO RIVER OR ITS TRIBUTARIES
♦ COURT USE ONLY •
IN GARFIELD COUNTY
Case Number: 05CW
James R. Montgomery, #10989
Richard J. Mehren, #32231
Moses, Wittemyer, Harrison and Woodruff, P.C.
P. 0. Box 1440
Boulder, Colorado 80306 -1440
303,443.8782
APPLICATION FOR CHANGE OF WATER RIGHT
1. Name, address, telephone number of applicant:
EnCana Oil & Gas (USA), Inc. ( "EnCana ")
c/o Mark Thrush
370 17`x' Street, Suite 1700
Denver, Colorado 80202
303.623.2300
Direct pleadings to:
James R. Montgomery
Richard J. Mehren
Moses, Wittemyer, Harrison and Woodruff, P.C.
P. 0. Box 1440
Boulder, Colorado 80306 -1440
303.443.8782
EnCana Oil & Gas (USA), Inc.
Case No. O5CW_
Page 2
2. Decreed names of structures for which change is sought:
a. Grand Junction - Colorado River Pipeline Colorado River Intake;
b. Pumping Pipeline of Union Oil Company of California.
3. From previous decrees:
a. Grand Junction- Colorado River Pipeline Colorado River Intake:
(1)
Decree entered: July 21, 1959, Civil Action No. 8303, Mesa County
District Court.
(2) Decreed point of diversion: The Grand Junction - Colorado River Pipeline
water right was originally decreed at a point whence the SE corner of
Section 2, Township 11 South, Range 98 West of the 6th P.M. bears South
56° 15' West 7,051.80 feet in Mesa County, Colorado. The decree entered
in Case No. W -2915, District Court, Water Division No. 5, changed the
subject water right to the headgate of the J.T. Pearce and W.A. Skelton
Ditch at a point whence the North Quarter Comer of Section 21, Township
6 South, Range 93 West of the 6th P.M. bears South 79° 05' East 4,071.9
feet in Garfield County, Colorado. The decree entered May 5, 1983 in
Case No. 81CW360, District Court, Water Division No. 5, changed the
subject 5..0 cfs water right to an alternate point of diversion at the decreed
point of diversion for the existing Colorado River Intake Facility for the
Pumping Pipeline of Union Oil Company of California, located at a point
whence the section corner common to Sections 6 and 7, Township 7
South, Range 95 West of the 6th P.M., and Sections 1 and 12, Township 7
South, Range 96 West of the 6th P.M. bears South 89° 05' West 3,364.65
feet in Garfield County, Colorado.
(3) Source: Colorado River.
(4) Appropriation date: February 17, 1947.
Amount: 5.0 cfs, conditional.
(5) Historic use: Not applicable, because the water right is conditional. The
decree entered on July 19, 1999 in Case No. 99CW11, District Court,
EnCana Oil & Gas (USA), Inc.
Case No. 05CW
Page 3
Water Division No. 5, continued this conditional water right in full force
and effect until the end of July 2005.
(6) Use: A decree entered May 5, 1983 in Case No. 81CW360, District
Court, Water Division No. 5, changed the use of this conditional water
right to domestic, municipal, industrial, and related uses, including
storage.
b. Pumping Pipeline of Union Oil Company of California:
(1)
Decree entered: September 5, 1952, Civil Action No. 400, Garfield
County District Court.
(2) Decreed point of diversion: The originally decreed point of diversion of
the Pumping Pipeline of Union Oil Company of California ( "Pumping
Pipeline ") is at a point on the westerly or northwesterly bank of the
Colorado River whence the section corner common to Sections 6 and 7,
Township 7 South, Range 95 West, of the 6th P.M. and Sections 1 and 12,
Township 7 South, Range 96 West, of the 6th P.M. bears South 89 °05'
West 3,364.65 feet in Garfield County, Colorado.
(3)
Source: Colorado River.
(4) Appropriation date: February 14, 1949.
Amount: 7.0 cfs out of the 118.5 cfs, conditional water right originally
decreed to the Pumping Pipeline. The total amount of the Pumping
Pipeline water rights owned by EnCana is 108.5 cfs, consisting of 5.93 cfs
absolute and 102.57 cfs conditional. Only 7.0 cfs of the 102.57 cfs
conditional water rights owned by EnCana are being changed in this
application.
(5)
Historic use: Not applicable, since only the conditional water rights are
being changed in this application. The decree entered on May 20, 2003
in Case No. 01CW58, District Court, Water Division No. 5, continued this
conditional water right in full force and effect until the end of May 2009.
(6) Use: Industrial, retorting, mining, refining, power, domestic and all other
purposes used in connection with the production of shale oil and its
products, including storage and irrigation for reclamation of retorted shale
and other irrigation reasonably required for oil shale products.
EnCana Oil & Gas (USA), Inc.
Case No. O5C W
Page 4
4. Proposed changes:
EnCana seeks approval of alternate points of diversion for up to a combined diversion
rate of 7.0 cfs under the conditional water rights decreed to the Grand Junction - Colorado
River Pipeline and the Pumping Pipeline of Union Oil Company of California described
above. The alternate points of diversion and the maximum rate of diversion at each point
are as follows:
a. Last Chance Ditch Alternate Point of Diversion:
(1) The headgate of the Last Chance Ditch is located on the South bank of the
Colorado River in the SE% SE %, Section 10, Township 6 South, Range 92
West of the 6th P.M., 543 feet from the East section line and 1,315 feet
from the South section line of said Section 10.
(2) Amount: 3.0 cfs.
(3) Source: Colorado River.
b. Rulison Alternate Point of Diversion:
(1)
Located on the North bank of the Colorado River in the NE'/ SE'/,
Section 25, Township 6 South, Range 95 West of the 6th P.M., 620 feet
from the East section line and 2,135 feet from the South section line of
said Section 25.
(2) Amount: 1.0 cfs.
(3)
Source: Colorado River.
c. Parachute Alternate Point of Diversion:
(1)
Located on the North bank of the Colorado River in the SW1/4 SE1/4,
Section 6, Township 7 South, Range 95 West of the 6th P.M., 1,500 feet
from the East section line and 652 feet from the South section line of said
Section 6.
(2) Amount: 1.0 cfs.
(3) Source: Colorado River.
d. Unabridge Alternate Point of Diversion:
(1)
EnCana Oil & Gas (USA), Inc.
Case No. O5CW
Page 5
Located on the South bank of the Colorado River in the SW'/4 NW'/,
Section 34, Township 7 South, Range 96 West of the 6th P.M., 844 feet
from the West section line and 2,532 feet from the South section line of
said Section 34.
(2) Amount: 1.0 cfs.
(3)
Source: Colorado River.
e. Debeque Alternate Point of Diversion:
(1)
Located on the South bank of the Colorado River in the SW1/4 SW1/4,
Section 27, Township 8 South, Range 97 West of the 6th P.M., 1,227 feet
from the West section line and 289 feet from the South section Iine of said
Section 27.
(2) Amount: 1.0 cis.
(3)
Source: Colorado River.
5. Additional remarks and description of change of water right:
The subject water rights are decreed for industrial and other uses. With respect to the
Pumping Pipeline of Union Oil Company of California, prior decrees specifically
acknowledge that the water right was appropriated for fully consumptive, industrial
purposes and that, therefore: no injury would result from storage of the water or other
diversion and use of the water for fully consumptive purposes. In other words, other
users on the stream had no expectation of return flows from the use of those water rights.
The same is true of the Grand Junction- Colorado River Pipeline because it was also
decreed for industrial and other fully consumptive purposes.
Initially, EnCana intends to use the water for various purposes in connection with oil and
gas drilling and operations. Water will be delivered from the described alternate points
of diversion via pipeline or via pumping into a tank truck for delivery to the place of use.
Water may be used in the future anywhere in Garfield, Rio Blanco or Mesa Counties in
connection with EnCana's operations or those of any successor -in- interest. EnCana
requests the Court to approve the change of points of diversion and place of use described
EnCana Oil & Gas (USA), Inc.
Case No. O5CW
Page 6
in this application and to confirm that no change in manner or type of use is required for
the industrial water rights to be used as described.
In the alternative, should the Court determine that the proposed uses at the alternate
points of diversion described above would constitute a change in type or manner of use,
this application requests the Court to approve such change and to find that such change
will not result in injury to the vested or decreed conditional water rights of others.
6. Nantes and addresses of owners or reputed owners of the land upon which any new
diversion or storage structure. or modification of any diversion or storage structure is or
will be constructed:
a. Last Chance Ditch Alternate Point of Diversion:
Joseph P. Langegger
3807 Lupine Drive
Vail, CO 81657
or
Dene, Danny, Robert & Kelly Davis
5115 Highway 26
Dubois, WY 82513 -9745
b. Rulison Alternate Point of Diversion:
Samuel B. & Teresa A. Potter
P. 0. Box 148
Rifle, CO 81650
c. Parachute Alternate Point of Diversion:
Exxon Corporation
P.O. Box 53
Houston, TX 77001 -0053
EnCana Oil & Gas (USA), Inc.
Case No, 05CW
Page 7
d. Unabridge Alternate Point of Diversion:
William Colohan
1 5393 Via La Gitana
Carmel Valley, CA 93924 -9600
e. Debeque Alternate Point of Diversion:
Charles H. Latham
T. F. Latham & Mary F. Wagoner
P. O. Box 66
De Beque, CO 81630 -0066
7. Proposed terms and conditions:
a. The amount of water diverted at the alternate points of diversion will be Iimited to
the amount available in priority at the original points of diversion for the subject
water rights;
b. EnCana will install, maintain and operate such measuring devices, turnout
structures or other facilities as the Division Engineer may reasonably determine to
be necessary to administer the change of water rights described in this application.
c. EnCana acknowledges that a decree approving the change of water rights
described in this application will not grant to EnCana any easement, right - of-way
or other real property interest in the land on which the alternate points of
diversion are located or in the structures or facilities through which the water will
be diverted under this application. EnCana will not exercise its water rights at
any alternate point of diversion under this application until it has obtained the
required easement, right -of -way, consent or other real property interest in such
point of diversion,
8. Prayer for relief:
WHEREFORE, EnCana requests the Court to find that the changes of water rights
proposed herein will not result in injury to the vested or decreed conditional water rights
of others and to enter a decree approving the changes of water rights requested in this
application.
EnCana Oil & Gas (USA), Inc.
Case No. 05CW_
Page 8
Respectfully submitted this 31St day of March, 2005.
MOSES, WITTEMYER, HARRISON AND
WOODRUFF, P.C.
,7ki .
-w- f f .-. F`'�ii,7.c -•
Jades R. Montgomery, #1
Richard J. Mehren, #32231
89
ATTORNEYS FOR APPLICANT,
ENCANA OIL & GAS (USA) INC.
E -FILED PURSUANT TO C.R.C.P. 121
Duly signed original on file at the law
offices of Moses, Witternyer, Harrison and
Woodruff, P.C.
STATE OF COLORADO
COUNTY OF V
VERIFICATION
ss,
Mark Thrush, being first duly sworn upon his oath, deposes and says that he is
Facilities Engineer for EnCana Oil & Gas (USA) Inc., applicant herein, that he has read the
foregoing Application for Change of Water Right, knows the contents thereof, and that the same
are true to the best dills knowledge and belief.
Subscribed and sworn to before me this 31gt day of March, 2005.
Witness my hand and official seal.
My commission expires:
j,yl.unu+r / 444
QN0-rARY.'
Of
Vj;, PUBL1G'4
Mno 71 ,M M7!00
Notary Public
CO-9 1)Cd
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