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Application For Change Of Water Right JDF 299W - Colorado
| Application For Change Of Water Right Form. This is a Colorado form and can be used in Water Court Statewide . |
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District Court, Water Division ___________________, Colorado Court Address: ________________________________________________________ CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: In the ____________________________River or its Tributaries In ________________________________________ COUNTY Attorney or Party Without Attorney (Name and Address): COURT USE ONLY Case Number: Phone Number: FAX Number: E-mail: Atty. Reg. #: Division: Courtroom: APPLICATION FOR CHANGE OF WATER RIGHT A "change of water right" means a change in the type, place, or time of use, a change in the point of diversion, a change from a fixed point of diversion to alternate or supplemental points of diversion, a change from alternate or supplemental points of diversion to a fixed point of diversion, a change in the means of diversion, a change in the place of storage, a change from direct application to storage and subsequent application, a change from storage and subsequent application to direct application, a change from a fixed place of storage to alternate places of storage, a change from alternate places of storage to a fixed place of storage, or any combination of such changes. The term "change of water right" includes changes of conditional water rights as well as changes of [absolute] water rights. § 37-92-103(5), Colo. Rev. Stat. An application for approval of a change of water right or plan for augmentation shall include a complete statement of such change or plan, including a description of all water rights to be established or changed by the plan, a map showing the approximate location of historical use of the rights, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. §37-92-302(2)(a), Colo. Rev. Stat. It is the applicant's responsibility to provide the location for each undecreed structure in this application. For structures that are already decreed, use the location from the decree. UTM coordinates (for example from a GPS device), or measured distances in the field from known section lines are acceptable. The Division Engineer, the Water Referee, or the Water Judge, may order the applicant to confirm the location of any structure with UTM coordinates, a survey, or other method. 1. Name, mailing address, email address and home telephone number of applicant(s) (if there are multiple applicants, and the space provided is not adequate to list all of the applicants, the names, addresses, telephone numbers and available email addresses must be provided as an attachment): Name of Applicant Mailing Address Email address Home Number Phone 2. Decreed water right for which change is sought: A. Name of structure: JDF 299W R7-12 APPLICATION FOR CHANGE OF WATER RIGHT AND CERTIFICATE OF NOTICE © 2012 Colorado Judicial Department for use in the Courts of Colorado Page 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com B. Date of original and all relevant subsequent decrees: Court: Case No: C. Legal description of structure as described in most recent decree: Provide a verbatim legal description from the most recent decree. Mark the location of the structure on a USGS topographic map and attach to this application a legible 8 ½ x 11 inch copy of the applicable portion of the map. D. Decreed source of water: E. Appropriation Date: F. Total amount decreed to structure: Conditional _________________ G. Decreed use or uses: H. Amount of water that applicant intends to change: Conditional _________________ 3. Detailed description of proposed change: A. Complete statement of change, including a description of all water rights to be changed, a USGS topographic map showing the approximate location of historical use of the rights and proposed place of use, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. In addition, the applicant may submit a report by an engineer that includes this information. Please be aware that early in the proceedings, the applicant will be required to supply detailed information, such as the historical consumptive use on a monthly basis of the water rights the applicant proposes to change and an analysis of historical return flow patterns. The applicant is encouraged to provide such information with this application. Absolute ______________________ Absolute ______________________ B. If applicant is correcting the location of a well in an existing decree where the actual location of the well is more than 200 feet from the decreed location, or drilling a replacement well more than 200 feet from the decreed location, provide legal description of decreed location in paragraph 2.C. above. Provide actual or new location of well: Location information in UTM format (Preferred): UTM Zone must be 12 or 13; Units must be Meters; Datum must be NAD83; and Units must be set to true North. Include the source of the UTM coordinates, for example: GPS device, a GIS system such as DWR AquaMap or CDSS MapViewer; scaled from USGS topographic map; or other source. In areas having generally recognized street addresses, also include street address, and if applicable, the lot, block, and subdivision. JDF 299W R7-12 APPLICATION FOR CHANGE OF WATER RIGHT AND CERTIFICATE OF NOTICE © 2012 Colorado Judicial Department for use in the Courts of Colorado Page 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com UTM coordinates Northing ___________________ Easting _____________________ Zone 12 Zone 13 Subdivision: Street Address:_______________________________________________________________________ Lot Block Source of UTMs (e.g., hand-held Garmin GPS): Accuracy of location displayed on GPS device (e.g.. accurate to within 200 feet): Legal Description Using the Public Land Survey System (PLSS) (Optional): Include perpendicular distances from section lines, and indicate ¼ ¼, section number, township, range, meridian and county; mark the location of the structure on a USGS topographic map and attach to this application a legible 8 ½ x 11 inch copy of the applicable portion of the map. In areas where section lines have not been established, a bearing and distance to an established government monument is acceptable. Include the source of PLSS information, for example: GIS system such as DWR AquaMap or CDSS MapViewer; field survey; scaled from a USGS topographic map; or other source. In areas having generally recognized street addresses, also include
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