DISTRICT COURT, WATER DIVISION 3, STATE OF COLORADO



DISTRICT COURT, WATER DIVISION 3, STATE OF COLORADO

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS FILED IN WATER DIVISION 3.

Pursuant to C.R.S. 37-92-302(3), you are notified that the following is a resume in Water Division 3, containing notice of all applications and amended applications or requests for correction filed in the office of the Water Clerk during the month of August, 2011, in which the Water Judge ordered publication in Alamosa County, Colorado

The names and addresses of applicants, description of water rights, or conditional water rights involved, and description of ruling sought, are as follows:

Case No. 2011CW14; ROBERT MYERS, 528 COUNTY ROAD 53, CENTER, CO 81125 (719) 754-3762; APPLICATION FOR CHANGE OF WATER RIGHT IN ALAMOSA COUNTY.

Name of structure: Well No. 1, Case No. W-1099, Permit No. 8768-R Date of original decree: February 27, 1975. Legal description: SW¼ SE¼, SEC 31, T41N, R10E, NMPM. 620 feet from the south section line, and 2550 feet from the east section line. UTM location Zone 13S, NAD 83 at 419053mE, 4178562mN. Decreed source of water: Closed basin confined and unconfined. Appropriation date: March 28, 1951. Total amount decreed to structure: 1200 gpm = 2.62 cfs. Decreed use or uses: Irrigation of 160 acres in the SE¼ Sec 31, T41N, R10E, NMPM. Amount of water that applicant intends to change: 1200 gpm. Detailed description of proposed change: •This 1200 gpm will go to a new location on the same quarter section. Applicant wants to drill a replacement of Well No. 1, Case No. W-1099-1 in the northwest corner of SE¼, Sec 31, T41N, R10E, NMPM. The new well will be located at approximately GPS location 419123mE, 4179080mN. Use will be for irrigation of 160 acres on the SE¼ Sec 31, T41N, R10E, NMPM. • The old well no. 8768-R will be plugged and abandoned. • Applicant also desires the right to drill the replacement well to a depth not to exceed 200 feet (the depth of the parent well no. 8768-R). The applicant is the owner of the land on which the water right would be changed.

(5 Pages, including Attachments)

Case No. 2011CW15; WAGNER RANCH, LTD., JOHN H. WAGNER III AND CAROL J. WAGNER, 53000 COUNTY ROAD U 56, VILLA GROVE, CO 81155, (719) 655-2388; APPLICATION FOR WATER RIGHTS (SURFACE) IN SAGUACHE COUNTY.

Name of structures: a. Clayton Ditch D; b. Clayton Ditch E; c. Clayton Ditch F and Clayton Ditch G (sharing a common headgate per Case No. 96CW19); d. Clayton Old Channel Ditch; e. White Ditch. Legal description of each point of diversion: a. Clayton Ditch D: There are two points of diversion for the Clayton Ditch D. The original point of diversion as corrected in Case No. 88CW31 and an alternate point of diversion that is also acknowledged in that case. The original point of diversion (still existing and in use) is located in the SW¼ NE¼, of Sec 19, T46N, R9E, NMPM, described as S. 16’43’10”E. 2,659.35 feet from the N. quarter corner of said Sec 19, said location being approximately 1,850 feet from the east line and 2,500 feet from the north line of Sec 19. The Clayton Ditch alternate point of diversion is described as in the NW¼ SE¼ of Sec 24, T46N, R8E, NMPM, more particularly is described as S. 77’56’2” W. 2,073 feet from the E. quarter corner of said Sec 24, said location being approximately 2,050 feet from the east line and 2,150 feet from the south line of said Sec 24. The current headgate location as determined by GPS (UTM, NAD83, Zone 13S) is at 410974mE, 4231363mN. That point is located within 200 feet of the decreed headgate location. b. Clayton Ditch E: The existing headgate is located in the NE¼ NW¼ of Sec 19, T46N, R9E, NMPM, S 63’W, 534 feet from the N quarter corner of said Sec 19, said location being approximately 2,300 feet from the west line and 200 feet from the north line of said Sec 19. The current headgate location as determined by GPS (UTM, NAD83, Zone 13S) is at 410700mE, 4232010mN. That point is located within 200 feet of the decreed headgate location. c. Clayton Ditches F and G: The location for the existing common headgate is located in the NW¼ NW¼ of Sec 27, T46N, R8E, NMPM, on the right (South) bank of Kerber Creek at a point 1,250 feet from the north line of said section and 1,000 feet from the west line of said section. The current headgate location as determined by GPS (UTM, NAD83, Zone 13S) is at 405362mE, 4230246mN. That point is located within 200 feet of the decreed headgate location. d. Clayton Old Channel Ditch: The existing headgate is located in the SE¼ NW¼ of Sec 26, T46N, R8E, NMPM, South 26’45’24” west 2,536.58 feet from the north quarter corner of said Sec 26, said location being approximately 1400 feet from the west line and 2,350 feet from the north line of said Sec 26. The current headgate location as determined by GPS (UTM, NAD83, Zone 13S) is at 407157mE, 4229867mN. That point is located within 200 feet of the decreed headgate. e. White Ditch: The decreed point of diversion is located in the NE¼ NE ¼ of Sec 33, T46N, R8E, NMPM on the south bank of Little Kerber Creek at a point 250 feet from the north section line and 1,000 feet from the east section line. The current headgate location as determined by GPS (UTM, NAD83, Zone 13S) is at 404737mE, 4228855mN. That point is located within 200 feet of the decreed headgate location. Source: a. Kerber Creek; b. Cottonwood Creek; c. Kerber Creek; d. Kerber Creek; e. Little Kerber Creek. Date of initiation of appropriation: a. Clayton Ditch D: March 25, 1872; b. Clayton Ditch E: March 25, 1872; c. Clayton Ditch F: May 15, 1870 and Clayton Ditch G: August 13, 1882; d. Clayton Old Channel Ditch: August 15, 1873 as to 2.40 cfs; and June 20, 1888 as to 0.30 cfs; and March 25, 1872 as to 1.00 cfs; e. White Ditch: June 1, 1883. How appropriate was initiated: By diversion of water to beneficial use and entry of the decree by the District Court for the County of Saguache on March 28, 1890, confirming the original priorities of the ditches listed above. Date water applied to beneficial use: the same dates as provided above, a. though e. Amount claimed in cubic feet per second (cfs): a. Clayton Ditch D: 1.70 cfs; b. Clayton Ditch E: 4.00 cfs; c. Clayton Ditch F: 0.80 cfs and Clayton Ditch G: 2.00 cfs; d. Clayton Old Channel Ditch: 3.70 cfs; e. White Ditch: 0.40 cfs. Use or proposed use: Year around livestock watering and icing of meadows during the non-irrigation season. Applicants request judicial confirmation of this historical practice. No expansion of use will occur. The place of use is on Applicants’ land generally located within Sections 24, 26, 27, 33 and 34, Township 46 North, Range 8 East, NMPM and within Sections 19 and 20, Township 46 North, Range 9 East, NMPM. The applicants are the owners of the land on which the water rights will be placed to beneficial use.

(4 Pages, including Attachments)

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

You are further notified that you have until the last day of October, 2011, to file with the Water Clerk, a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions or a protest to the requested correction. A copy of such a statement of opposition or protest must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service must be filed with the Water Clerk. A $158.00 filing fee is required. PLEASE NOTE: WATER DIVISION 3 HAS MANDATORY E-FILING FOR ALL PARTIES REPRESENTED BY AN ATTORNEY.

You can review the complete applications or requests for correction in the office of the Alamosa Combined Court, 702 Fourth St., Alamosa, CO 81101.

Witness my hand and seal of this Court this 9th day of September, 2011.

______________________________________

Shirley Skinner, Clerk of the Court

Alamosa Combined Courts

Water Court, Water Division 3

702 Fourth Street, Alamosa, CO 81101

SEAL

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