2012-06-04_HYDROLOGY - M1985200

• Permit No: M1985200
• IBM Index Class Name: HYDROLOGY
• Doc Date: 6/4/2012
• Doc Name: Reasonable Diligence Approval 2012
• From: District Court 2011CW269
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

Cynthia L. Schmid and
Michael G. Erker
Case No. 11CW269
Page 2 of 5
2. Notice and Jurisdiction. Timely and adequate notice of the Application was given as
required by law. The Court has jurisdiction over the subject matter of this proceeding and
over all parties affected hereby, whether or not they have appeared.
3. Description of Application. Applicants seek a finding of reasonable diligence in
completing the appropriation for the 13.9 acre-feet conditional portion of the Erker
Gravel Pit, decreed for the beneficial use of the extraction of sand and gravel; as decreed
in Case No. 98CW437 (May 27, 1999).
4. Parties. There were no statements of opposition filed. The time for filing additional
statements of opposition has expired.
5. Report of the Division Engineer. This Court has given due consideration to the Division
Engineer's Summary of Consultation dated March 30, 2012 and the response thereto filed
by the Applicants on April 18, 2012.
6. Name of Structure.
Erker Gravel Pit
The Erker Gravel Pit is permitted under Well Permit No. 041863-F and Mining Permit
(Gravel Pit) No. M-85-200.
7. Description of Conditional Water Right.
a. Date of original decree. January 28, 1993
Case No. 87CW011, District Court, Water Division 1
b. Location. That part of the N1/2NW1/4SW1/4 of Section 33, Township 4 North,
Range 57 West of the 6th P.M., Morgan County, Colorado, described as
commencing at a point on the North line of said N1/2NW1/4SW1/4 from which
the W1/4 corner of said Section 33 bears N89°00'W at 570.0 feet; thence
S89°00'E along the North line of said N1/2NW1/4SW1/4 753.0 feet to the NE
corner of said NW1/4SW1/4; thence S47°00'W 550.0 feet; thence S79°22'W
485.0 feet; thence N14°46'E 494.1 feet to the point of beginning containing in all
5.76 acres more or less, AND that part of the S1/2S1/2S1/2NW1/4 of Section 33,
Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado,
described as commencing at a point on the South line of said S1/2S1/2S1/2NW1/4
from which the Wl/4 corner of said Section 33 bears N89°00'W at 570.0 feet;
thence S89°00'E along the South line of said S1/2S1/2S1/2NW1/4 753.0 feet to
the SE corner of said S1/2S1/2S1/2NW1/4; thence N00°20'E along the East line
of said S1/2S1/2S1/2NW1/4 200.0 feet; thence N89°00'W and parallel to said
South line 701.7 feet; thence S14°46'W 205.9 feet to the point of beginning
containing in all 3.39 acres more of less. Total acreage of both parcels equals
9.15 acres.