Colorado > Statewide > Water Court
Application For Finding Of Diligence Or To Make Absolute JDF 300W - Colorado
| Application For Finding Of Diligence Or To Make Absolute Form. This is a Colorado form and can be used in Water Court Statewide . |
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District Court, Water Division__________________ County, Colorado Court Address: CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: In the _______________________________ River or its Tributaries COURT USE ONLY IN _____________________________________________ COUNTY If Represented by an Attorney, Attorney's Name and Address: Case Number: Phone Number: FAX Number: E-mail: Atty. Reg. #: Division: Courtroom: APPLICATION:FOR FINDING OF REASONABLE DILIGENCE TO MAKE ABSOLUTE IN WHOLE OR IN PART The applicant for a finding of reasonable diligence relating to a conditional water right and/or to make a conditional water right absolute in whole or in part shall include in the application a listing of the original and any other prior case numbers pertaining to the conditional water right included in the application. Rule 90 of the Colorado Rules of Civil Procedure. Please Note: The owner of any conditional water right shall notify the clerk of the water court that decreed the conditional water right of any change in ownership or mailing address. Rule 9 of the Uniform Local Rules for all State Water Court Divisions. It is the applicant's responsibility to provide the location for each 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. Name of structure: Type: well spring ditch reservoir other: ________ 3. Describe conditional water right (as to each structure) including the following information from previous decree: A. Date of Original Decree: Case No. Court: JDF 300W R7-12 APPLICATION: FOR FINDING OF REASONABLE DILIGENCE TO MAKE ABSOLUTE IN WHOLE OR IN PART AND CERTIFICATE OF NOTICE Page 1 of 5 © 2012 Colorado Judicial Department for use in the Courts of Colorado American LegalNet, Inc. www.FormsWorkFlow.com B. Subsequent decrees awarding findings of diligence: Date of Decree: C. Legal description: Provide a verbatim legal description from the most recent decree. Case No. Court: D. Source of water: E. Appropriation Date: F. Use: Amount: G. Depth: (if well) 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: (add additional sheets if necessary). If irrigation use, mark the location of proposed area to be irrigated 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. 5. If claim to make absolute in whole or in part: A. Date water applied to beneficial use: Use: Provide evidence that diversion of water was made in priority. (For example, diversion records or call records.) B. Description of place of use where water is applied to beneficial use. Mark the location of area irrigated 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. Amount: If actual location of the structure is different from the location in paragraph 3.C. above, provide the actual description. Mark the actual 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. JDF 300W R7-12 APPLICATION: FOR FINDING OF REASONABLE DILIGENCE TO MAKE ABSOLUTE IN WHOLE OR IN PART AND CERTIFICATE OF NOTICE Page 2 of 5 © 2012 Colorado Judicial Department for use in the Courts of Colorado American LegalNet, Inc. www.FormsWorkFlow.com 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, 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. 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; or other source. In areas having generally recognized street addresses, also include street address, and if applicable, the lot, block, and subdivision. Legal Description: County ______1/4 of the _____1/4 Section Township _______ N or S Range _______ E or W Principal Meridian Distance from section lines (not from property lines) ____________ Feet from N S and _____________ Feet from E W Source of PLSS information: __________________________________________________________ Street Address:_______________________________________________________________________ Subdivision: Lot Block 6. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The applicant must notify these persons that the applicant is applying
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