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Home My WebLink About1.18 Decree (18CW3034)DISTRICT COURT, GARFIELD (GLENWOOD SPRINGS) COUNTY, COLORADO Court Address: 109 8th Street, Ste. 104, Glenwood Springs, CO, 81601 DATE FH El)• November 4, 2018 2:29 PM 2018CW3034 L COURT USE ONLY 0 In the Interest of: CASE NUMBER: In the Interest of: RICHARD CASEY Case Number: 2018CW3034 Division: E Courtroom: Decree: Decree of the Water Court The motion/proposed order attached hereto: GRANTED. Any request for a future finding of reasonable diligence shall be filed in November 2024. Issue Date: 11/4/2018 JAMES BERKLEY BOYD District Court Judge Pagel oft DISTRICT COURT, WATER DIVISION 5, COLORADO 109 8th Street, Suite 104 Glenwood Springs, CO 81601 \)°‘ el.. 1 ♦ COURT USE ONLY _1 Case No. 18CW3034 Water Division No. 5 CONCERNING THE APPLICATION FOR WATERRIGHTS OF APPLICANTS:� RICHARD N. CASEY, RIFLE REAL ESTATE SOLUTIONS I, LLC and PETH HOLDINGS LIMITED PARTNERSHIP, In Garfield County, Colorado. FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING DECREE OF THE WATER OF THE REFEREE AND COURT Applicants, Richard N. Casey and Rifle Real Estate Solutions I, LLC, by and through their respective attorneys, and Peth Holdings Limited Partnership, filed an Application for Finding of Reasonable Diligence on March 23, 2018, which was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, Colorado Revised Statutes, known as the Water Right Determination and Administration Act of 1969 as amended. 7 The undersigned Referee, having made such investigations as are necessary to determine whether the statements in the Application are true and having become fully advised with respect to the subject matter of the Application, hereby enters and makes the following Ruling of Referee in this matter: FINDINGS OF FACT The statements in the Application are true. 2. The names, addresses and telephone numbers of Applicants are: Richard N. Casey 1251 West 3rd Street Rifle, CO 81650 (970) 625-9256 Copy to: Neil W. Goluba Goluba & Goluba P.C. P.O. Box 931 Glenwood Springs, CO 81602 Rifle Real Estate Solutions I, LLC Copy to: Nicole Garrimone-Campagna 711 E. Valley Road, Suite 101 Basalt, CO 81621 (970) 927-3653 Peth Holdings Limited Partnership Kurt Peth, General Partner 1610 W. Powell Road Cheyenne, WY 82009 (307) 630-0101 Ruling of Referee and Decree Case No. 11 CW 20 Page 2 Garfield & Hecht, PC 901 Grand Avenue, Suite 201 Glenwood Springs, CO 81601 (970) 947-1936 3. Timely and adequate notice of the filing of this Applicati w as given as required by law. 4. The time for filing Statements of Opposition1has expired. There were no Statements of Opposition filed in connection with this matter. \ 5. On June 29, 2018 the Division Engineer filed a Summary of Consultation in this matter indicating no objection to approval of the Application. 6. The Application requests the Court enter a Finding of Reasonable Diligence with respect to the following water rights: (a) Name of Structure: Regulski Well No. 2. (b) Date of Original Decree. June 27, 1994. Case No.: 94 CW 03. Court: District Court, Water Division 5, Colorado. (c) Date of Subsequent Diligence Decrees: February 28, 2005 and March 8, 2012. Case Nos.: 00 CW 104 and 11 CW 20. Court: District Court, Water Division 5, Colorado. l ow (d) a1 Description: The decreed location of Regulski Well No. 2 is 350 feet north and 1,215 feet west of the East 1/4 Corner of Section 11, Township 6 South, Range 93 West of the 6th P.M. This location may also be described as being at a point in the SE1/4 of the NE'/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M.; 2,290 feet from the north section line and 1,215 feet from the east section line. See map attached as Exhibit A. (e) Source: Groundwater tributary to the Colorado River. (f) Appropriation Date: November 4, 1993. (g) Ruling of Referee and Decree Case No. 11 CW 20 Page 3 Amount: Regulski Well No. 2 was adjudicated for 20 gallons per minute (0.044 cfs) with a total annual diversion of 11.046 acre feet per year, of which 6 acre feet per year was adjudicated absolute in Case No. 00 CW 104, leaving 5.046 acre feet per year conditional. (h) Uses: Commercial, vehicle washing up to twelve (12) hours per y„,aud irrigation of one-half (1/2) acre of landscape.\ (i) Depth: 63 feet. 4r1' 7. As decreed in Case No. 11 CW20, the Regulski Well No. 2 is a component of an integrated water supply system that provides domestic and commercial water to the Big R Commercial Park Subdivision. Pursuant to C.R.S. § 37-92-301(4)(b), work on any one feature of the system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the system as a w. 8. During the diligence period, Co -Applicant, Richard N. Casey ("Casey"), has continued to use the absolute water rights adjudicated to Regulski Well No. 2 in Case No. 00CW 104 on property owned by Casey. Regulski Well No. 2 is also intended to serve property currently owned by Co -Applicant, Peth Holdings Limited Partnership ("Peth Holdings"), and the Big R Commercial Park Subdivision currently owned in part by Co -Applicant, Rifle Real Estate Solutions I, LLC ("RRESI"). The Big R Commercial Park is a ten -lot commercial subdivision. RRESI first acquired its interest in the Big R Commercial Park, including the Regulski Well No. 2 and several wells and the fire protection system serving the Subdivision, during the diligence period. Since then, RRESI repaired and improved the fire protection system serving the Big R Commercial Park, which work is ongoing in conjunction with the Big R Lot Owners Association. RRESI also obtained a new well permit for the Big R Lot 1 Well, Well Permit No. 66789-FR, which was subsequently constructed and completed during the diligence period. RRESI sold one lot in the Subdivision during the diligence period, is under contract to sell another lot, and additional lots are currently listed for sale. Sale and development of the lots will create more commercial use and water demand in the Subdivision. Specific to the Regulski Well No. 2, RRESI has paid annual share assessments to the Grand River Ditch Company to maintain the augmentation supply for the Regulski Well No. 2, as decreed in Case No. 94CW003. CONCLUSIONS OF LAW 9. To the extent they constitute legal conclusions, the foregoing Findings of Fact are incorporated herein. 10. The Application filed herein is complete, covering all applicable matters required under C.R.S. § 37-92-302. 11. All notices required by law have been given, and no further notice need be given. C.R.S. §§ 37-92-101, et seq. Ruling of Referee and Decree Case No. 11 CW 20 Page 4 12. This Court has jurisdiction of this matter and of all persons, whether they have appeared or not. C.R.S. §§ 37-92-301(2) and -303(1). 13. This Court has authority to grant the finding of reasonable diligence requested in the Application. C.R.S. §§ 37-92-301(2), -302 and -303(1). 14. The measure of diligence is the steady application of effort to come the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. C.R.S. § 37-92-301(4)(b). 15. The Water Court may consider all relevant factors in determining whether the holder of a conditional water right has exercised reasonable diligence in the development of the appropriation. Trans County Water, Inc. v. Central Colo. Water Conservancy Dist., 727 P.2d 60 (Colo. 1986). 16. Pursuant to C.R.S. § 37-92-301(4)(b), "w el 1 a oject 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." Where work on a component of a system is "necessary to the ultimate goal of putting the water to beneficial use, it is considered part of the integrated system." Metro. Suburban Water Users Ass 'n v. Colo. River Water Conservation Dist., 365 P.2d 273, 289 (Colo. 1961). RULING OF REFEREE 17. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein by reference and are hereby modified as necessary to constitute part of the Ruling and final Decree of the Water Court. 18. The Referee, having examined the information submitted by Applicants, and having completed the investigation necessary to make a determination in this matter, hereby enters a Finding of Reasonable Diligence with respect to the conditional water rights in Regulski Well No. 2 more particularly described above. 19. .v Should the Applicants desire to maintain the subject conditional water rights, an Application for Findings of Reasonable Diligence shall be filed in the same month of the sixth calendar year following entry of this decree, unless a determination has been made that such conditional rights have been made absolute by reason of the completion of the appropriation, or are otherwise disposed of. 20. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or transfer of the subject conditional water rights, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: A. The title and case number of this Case No. 18CW3034; B. The description of the conditional water rights transferred; Ruling of Referee and Decree Case No. 11 CW 20 Page 5 C. The name of the transferor; D. The name and mailing address of the transferee; and E. A copy of the recorded deed. The owner of said conditional water rights shall notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 18CW3034 and in the case files in which the Court made previous findings of reasonable diligence. IT IS ACCORDINGLY ORDERED that this Ruling of Referee shall be filed with the Water Clerk subject to judicial review and that a copy of this Ruling of Referee shall be filed with the State Engineer and Division Engineer for Water Division No. 5. Dated this llth day of September, 2018. ^O 1 BY THE REFEREE �O JvDGMENT AND DECREE san M. Ryan, Water Referee ivision 5, Water Court No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and approved, and is made the Decree of this Court. The month and year for filing an Application for Finding of Reasonable Diligence regarding the remaining conditional portion of the subject water right shall be filed in the same month of the sixth calendar year following entry of this decree ��i ERED this day of , 2018. BY THE COURT: Water Judge