Fill and Sign the Application for Finding of Diligence or to Make Absolute Colorado Form

District Court, Water Division__________________ County, Colorado Court Address: CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: In the _______________________________ River or its Tributaries IN _____________________________________________ COUNTY COURT USE ONLY If Represented by an Attorney, Attorney’s Name and Address: Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: 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 most recent decree that adjudicated the location. 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 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 Telephone Number 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 R8-17 APPLICATION:  FOR FINDING OF REASONABLE DILIGENCE  TO MAKE ABSOLUTE IN WHOLE OR IN PART AND CERTIFICATE OF NOTICE Page 1 of 6 B. List all subsequent decrees awarding findings of diligence: Date of Decree: Case No. Court: C. Legal description: Provide a verbatim legal description from the most recent decree that adjudicated the location. A ttach a legible 8 ½ x 11 inch map to this application illustrating location of the structure. D. Source of water: E. Appropriation Date: Amount: F. Use: 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, during the previous diligence period: (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: Amount: Use: B. The application shall include supporting evidence that applicant diverted water in-priority and applied such water to the beneficial uses claimed in the amounts claimed. (For example, diversion records, call records, capacity tables, etcetera.) JDF 300W R8-17 APPLICATION:  FOR FINDING OF REASONABLE DILIGENCE  TO MAKE ABSOLUTE IN WHOLE OR IN PART AND CERTIFICATE OF NOTICE Page 2 of 6 C. 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. If actual location of the structure is different from the location in paragraph 3.C. above, provide the actual description . M ark 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. 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. A ttach a legible 8 ½ x 11 inch map to this application illustrating location of the structure. UTM coordinates Easting ___________________ Northing _____________________  Zone 12  Zone 13 Street Address:_______________________________________________________________________ Subdivision: Lot Block Source of UTMs (for example, hand-held Garmin GPS): Accuracy of location displayed on GPS device (for example, accurate to within 200 feet): Legal Description Using the Public Land Survey System (PLSS) (Optional; Please include both UTM and PLSS descriptions if known): 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 JDF 300W R8-17 APPLICATION:  FOR FINDING OF REASONABLE DILIGENCE  TO MAKE ABSOLUTE IN WHOLE OR IN PART AND CERTIFICATE OF NOTICE Page 3 of 6 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 for this water right, and certify to the Court that the applicant has done so by no later than 14days after filing this Application. The certification form is on page 5 of this form. Name of Owner Mailing Address 7. Remarks or any other pertinent information:  By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form.  By checking this box, I am acknowledging that I have made a change to the original content of this form. (Checking this box requires you to remove JDF number and copyright at the bottom of the form.) ______________________________________________ ______ Signature of Applicant(s) (if self-represented) or Attorney Date JDF 300W R8-17 APPLICATION:  FOR FINDING OF REASONABLE DILIGENCE  TO MAKE ABSOLUTE IN WHOLE OR IN PART AND CERTIFICATE OF NOTICE Page 4 of 6 VERIFICATION AND ACKNOWLEDGMENT OF APPLICANT OR OTHER PERSON HAVING KNOWLEDGE OF THE FACTS STATED IN THIS APPLICATION I __________________________________being first duly sworn, hereby state that I have read this Application, that I have personal knowledge of the facts stated and, that I verify its contents to the best of my knowledge, information, and belief. ____________________________________________ Signature Date The foregoing instrument was acknowledged before me in the County of ________________, State of Colorado, this ____day of ____________, 20___, by the person whose signature appears above. My Commission Expires: ________________ _____________________________________________ Notary Public/Deputy Clerk The person signing this verification is:  Applicant  Engineer  Other (describe) ____________________ Verifications of other persons having knowledge of the facts may be attached to this Application. JDF 300W R8-17 APPLICATION:  FOR FINDING OF REASONABLE DILIGENCE  TO MAKE ABSOLUTE IN WHOLE OR IN PART AND CERTIFICATE OF NOTICE Page 5 of 6 District Court, Water Division ___________________, Colorado Court Address : ________________________________________________________ CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: In the ____________________________River or its Tributaries In ________________________________________ COUNTY COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division: Courtroom: Certificate of Notice I, ________________________________________________ (insert name) hereby certify that I have provided a copy of the application filed on ____________________ (date) with the Court to the following owner(s) of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: 1. ____________________________________________________________________________ 2. ____________________________________________________________________________ 3. ____________________________________________________________________________ The application was provided to the landowner(s) by  Certified or  Registered mail, return receipt requested, within 14 days after the application was filed with the Court. Date: __________________________ _____________________________________ Signature/Title JDF 300W R8-17 APPLICATION:  FOR FINDING OF REASONABLE DILIGENCE  TO MAKE ABSOLUTE IN WHOLE OR IN PART AND CERTIFICATE OF NOTICE Page 6 of 6