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 applications and amended applications or requests for correction filed in the office of the Water Clerk during the month of May, 2012.

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

12CW12, (02CW49) APPLICATION FOR FINDING OF REASONABLE DILIGENCE, SAGUACHE COUNTY, C/O HEATHER A. WARREN, Assistant Attorney General, Natural Resources Section, Attorneys for State Board of Land Commissioners, 1525 Sherman Street, 7th Floor, Denver, Colorado 80203. Telephone: (303) 866-5127. FAX: (303) 866-3558. Name, address, telephone number of applicant: State of Colorado, Acting by and through

The State Board of Land Commissioners, 1127 Sherman Street, Suite 300,

Denver Colorado 80203, 303-866-3454.

Name of Structure and legal description: State Ditch #16; located in the NW/4 SW/4, Section 16, Township 42 North, Range 8 East, NMPM, 2260 feet from the South section line and 150 feet from the West section line in Saguache County Colorado. Describe conditional water rights, giving the following from the Referee’s Ruling and Judgment and Decree;

(1) Date of Original Decree: May 20, 2006. (2) Appropriation Date: December 31, 1950 (3) Use: irrigation. (4) Amount: 3.0 cfs conditional ( 3.0 cfs was decreed absolute in 02CW49). (5) Source: Tail water from lands in Sections 17, 18, 19, 20, T42N, R8E, N.M.P.M. During this diligence period the Applicant since the entry of the Court’s decree on May 20, 2006 applicant has installed a measuring box at the point of diversion. Due to several dry years, no water has made it to the diversion point as in years prior to the application. The above activities on the part of the Applicant, the State Board of Land Commissioners, show a pattern of diligence and continuous work toward the development and implementation of this water right.

(4 Pages)

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 July, 2012, 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 $130.00 filing fee is required.

Case No. 2012CW10, Marcella O. Pacheco, P.O. Box 70, San Luis, CO 81152, 719-672-4237, (John C. McClure, McClure & Eggleston, LLC, 1401 17th Street, #660, Denver, CO 80202, 303-294-0824) Protest to Revised Abandonment List in Costilla County

WATER RIGHT NO. 1: Name of structure: The San Luis Mill Ditch, Priorities No. 26 and No. 1-A. Date of original decree: December 14, 1905. Case no.: 12-14-05 Court: Costilla County District Court. Location of point of diversion: At a point on the North bank of Culebra Creek, North 23°51’ West, 2,282 feet from the South quarter corner of Section 26, Township 3 North, Range 72 West of the 6th P.M., Costilla County, Colorado. Source of water: Culebra Creek. Decreed use or uses: Power (Manufacturing and Milling) Appropriation date: October 1, 1859 Decreed amount: 27c.f.s. Amount listed as having been abandoned: 27 c.f.s. Former district number and page number where listed on Abandonment List: Page 2 of 5 of Revised Abandonment List of Water Rights in Water Division 3.

WATER RIGHT NO 2: Name of structure: The San Luis Mill Ditch, Priority No. 1934-2 Date of original decree: February 11, 1935 (enlargement/additional water diverted) Case no.: 885 Court: Costilla County District Court Location of point of diversion: At a point on the North bank of Culebra Creek, North 23°51’ West, 2282 feet from the South quarter corner of Section 26, Township 3 North, Range 72 West of the 6th P.M., Costilla County, Colorado Source of water: Culebra Creek Decreed use or uses: Power Appropriation date: August 20, 1909 Decreed amount: 18 c.f.s. Amount listed as having been abandoned: 18 c.f.s. Amount listed as having been abandoned: 18 c.f.s. Former district number and page number where listed on Abandonment List: Page 2 of 5 Revised Abandonment List of Water Division No. 3

WELL RIGHT NO. 3: Name of structure: The Rito Seco Mill Ditch, Priority No. 59 and Priority No. 5 Date of original decree: December 14, 1905 Case No.: 12-14-05 Court: Costilla County District Court Location of point of diversion: A point on the South bank of the Rito Seco, North 23°56’ East 1,552.5 feet from the Southwest Corner of Section 13, Township 3 North, Range 72 West, 6th P.M., Costilla County, Colorado Source of water: Rito Seco Creek Decreed use or uses: Power (Manufacturing and Milling) Appropriation date: October 8, 1898 Decreed amount: 6 c.f.s. Former district number and page number where listed on Abandonment List: Page 2 of 5 of Revised Abandonment List of Water Division No. 3 (Maps of Points of Diversion are attached) State factual and legal basis for this Protest: There has been no intent to abandon, nor has there been an abandonment, of the three water rights set forth herein that are owned by Marcella Pacheco. For over sixteen years, Marcella Pacheco and her family (“Pacheco family”) have conducted extensive investigations and studies, as well as taken action steps to develop and design a hydropower project, including exploring engineering concepts, sources of financing, and regulatory requirements. Further, the Pacheco family has taken the necessary steps to use these three water rights for the proposed hydropower project. The Pacheco family’s efforts include working on plans for renovation and restoration of the old channel on the Pacheco property that was used by Marcella Pacheco’s predecessors for many years to divert these water rights to operate a flour mill. The entities contacted by the Pacheco family in pursuit of the hydropower project include, but are not limited to, the entities listed on Exhibit A attached to the protest.

(4 pages)

Any person who wishes to file a protest to the Revised Abandonment List must do so by June 30, 2012. The fee for filing such protest with the Water Clerk shall be $35.00

Case No. 2012CW11, Zapata Homeowner’s Association, Plaintiff v. Craig Cotton, Division Engineer; Dick Wolfe, State Engineer, in their official capacities, and all unknown persons who claim or may claim an interest in the subject matter of this action, Defendants; Erich Schwiesow and Kimberly D. Cortez, Lester, Sigmond, Rooney & Schwiesow, 311 San Juan Avenue; PO Box 1270, Alamosa, CO 81101; 719-589-6626, Complaint for Declaratory Judgment

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 13th day of June, 2012.

______________________________________

Shirley Skinner, Clerk of the Court

Alamosa Combined Courts

Water Court, Water Division 3

702 Fourth Street, Alamosa, CO 81101

SEAL

SUPREME COURT OF COLORADO

OFFICE OF THE CHIEF JUSTICE

ORDER OF APPOINTMENT

IN THE MATTER OF THE APPOINTMENT OF WATER JUDGES

UNDER THE WATER RIGHT DETERMINATION

AND ADMINISTRATION ACT OF 1969

Pursuant to Section 37-92-203(2), C.R.S. (2009) the following judges are designated or redesignated as water judges for the water divisions of the state for 2012:

| Division 1 | James Hartmann, Jr. |

| |Dinsmore Tuttle* |

| Division 2 | Larry C. Schwartz |

| |Kirk S. Samelson* |

| Division 3 | Pattie P. Swift |

| |Martin A. Gonzales* |

| Division 4 | J. Steven Patrick |

| |Charles R. Greenacre * |

| Division 5 | James B. Boyd |

| |Daniel B. Petre* |

| Division 6 | Michael A. O’Hara |

| |Mary C. Hoak* |

| Division 7 | Gregory G. Lyman |

| |David L. Dickinson* |

This order replaces the previous Water Judge Order dated April 9, 2012, nunc pro tunc, April 4, 2012 and is effective June 1, 2012.

Dated this 1st day of June, 2012.

_/s/______________________

Michael L. Bender

Chief Justice

* Designated additional water judge to assist the principal water judge during an emergency, leave, conflict situation or as required for the proper handling of water matters in any division.

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