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 July 2016.

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

2010CW36 ALAMOSA COUNTY. Applicant: Timothy N. Lovato and Lori S. Lovato, PO Box 268, Saguache, Colorado 81149, (719)655-2563. Attorneys: John D. Buchanan, Buchanan Sperling & Holleman PC, 7703 Ralston Road, Arvada, Colorado 80002, (303)431-9141. Resume notice of the first amendment to this application was published in the May 2016 resume for Water Division 3, including in The Saguache Crescent on June 16, 2016 and the Valley Courier on June 17, 2016. This prior resume notice is amended to add the following legal description of the location of the recharge ponds referred to in sections 2.5.3 and 2.5.4 of the prior resume and amended application: the NW 1/4 of the SE1/4, Section 13, Township 44 North, Range 7 East NMPM. There is no further change to the prior resume notice.

2016CW3006 RIO GRANDE WATER CONSERVATION DISTRICT, 8805 Independence Way Alamosa, Colorado 81101, Telephone: 19-589-6301 (Attorney: Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264, 303-296-8100). 2. Name of Structures: Recharge Points X, Y, and Z. 3. Describe conditional water right, as to each structure, giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: January 29, 1988, nunc pro tunc December 22, 1987, Case No. 85CW78, continued as conditional by decrees in Case Nos. 93CW42 (November 29, 1995) and 01CW22 (May 29, 2003) and changed in Case No. 06CW17 (July, 2010). B. Court: District Court, Water Division 3, State of Colorado. C. Location: (See also general location map, Exhibit A) i. Point of Diversion X: A surface water diversion located in the SE¼ SW¼ Section 31, T. 27 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Southeast Corner of said Section 31 bears S. 72° 19' 14" E., 3006.32 feet distant. Type and Location of Recharge Structure: A surface water recharge structure consisting of an earthen ditch ±3 feet deep, ±10 feet wide, ±4050 feet in length on either side of the following described centerline, to-wit: Beginning at the diversion point located in the SE¼ SW¼ Section 31, T. 27 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Southeast Corner of said Section 31 bears S. 72° 19' 14" E., 3006.32 feet distant; thence along the following courses and distances: S. 46º 25’ 25” W., 203.63 feet; S. 3º 24’ 23” W., 162.85 feet; S. 11º 37’ 39” E., 64.90 feet; S. 15º 24’ 05” W., 247.64 feet; S. 13º 08’ 48” W., 290.05 feet; S. 0º 09’ 57” E., 103.66 feet; S. 34º 57’ 40” W., 127.17 feet; S. 0º 59’ 45” W., 190.04 feet; S. 18º 47’ 40” W., 119.12 feet; S. 10º 35’ 47” E., 179.30 feet; S. 0º 59’ 54” E., 118.97 feet; S. 28º 06’ 59” W., 214.41 feet; S. 7º 33’ 46” E., 254.75 feet; S. 52º 25’ 46” W., 82.88 feet; N. 89º 59’ 08” W., 180.78 feet; S. 55º 04’ 03” W., 131.36 feet; S. 77º 05’ 12” W., 140.60 feet; N. 72º 05’ 04” W., 107.92 feet; S. 59º 30’ 17” W., 198.17 feet; N. 82º 42’ 52” W., 330.65 feet; S. 44º 59’ 00” W., 251.89 feet; S. 20º 28’ 08” W., 254.52 feet to the point of termination located in SW¼ NW¼ Section 6, T. 28 S., R. 73 W., 6th P.M. whence the Northeast Corner of said Section 6 bears N. 68° 35' 45" E., 4990.83 feet distant. ii. Point of Diversion Y: A surface water diversion located in the SW¼ SE¼ Section 31, T. 27 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Southeast Corner of said Section 31 bears S. 82° 05' 16" E., 2351.12 feet distant. Type and Location of Recharge Structure: A surface water recharge structure consisting of an earthen ditch ±5 feet deep, ±10 feet wide, ±3265 feet in length on either side of the following described centerline, to-wit: Beginning at the diversion point located in the SW¼ SE¼ Section 31, T. 27 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Southeast Corner of said Section 31 bears S. 82° 05' 16" E., 2351.12 feet distant; thence along the following courses and distances: S. 13º 48’ 05” W., 281.85 feet; S. 24º 27’ 27” W., 237.09 feet; S. 13º 24’ 02” W., 370.60 feet; S. 6º 57’ 55” W., 424.96 feet; S. 07° 37’ 46” W., 259.59 feet; S. 10º 27’ 59” E., 162.11 feet; S. 30º 58’ 47” W., 143.03 feet; S. 17º 38’ 19” W., 275.36 feet; S. 0º 35’ 50” W., 235.45 feet; S. 29º 55’ 46” W., 236.34 feet; S. 21º 48’ 50” W., 303.79 feet; S. 35º 53’ 13” W., 196.76 feet; S. 49º 25’ 00” W., 203.57 feet; S. 72º 39’ 58” W., 239.06 feet to the point of termination located in NE¼ SW¼ Section 6, T. 28 S., R. 73 W., 6th P.M. whence the Northeast Corner of said Section 6 bears N. 51° 11' 20" E., 4523.81 feet distant. iii. Point of Diversion Z: (1) Point Z-1: A surface water diversion located in the SW¼ NW¼ Section 6, T. 28 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Northeast Corner of said Section 6 bears N. 68° 35' 45" E., 4990.83 feet distant. (2) Point Z-2: A surface water diversion located in the NE¼ SW¼ Section 6, T. 28 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Northeast Corner of said Section 6 bears N. 51° 11' 20" E., 4523.81 feet distant. Type and Location of Recharge Structure: A surface water recharge structure consisting of a native grass meadow encompassed ±452 acres located in portions of W½ Section 6, T. 28 S., R. 73 W., 6th P.M. and Section 7, T. 39 N., R. 13 E., N.M.P.M. and SE¼ SE¼ Section 12 and Section 13, T. 39 N., R. 12 E., N.M.P.M. lying within the following metes and bounds: Beginning at Diversion Point Z-1 located in the SW¼ NW¼ Section 6, T. 28 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Northeast Corner of said Section 6 bears N. 68° 35' 45" E., 4990.83 feet distant; thence S. 47º 53’ 08” E., 1511.96 feet to Diversion Point 2 located in the NE¼ SW¼ Section 6, T. 28 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Northeast Corner of said Section 6 bears N. 51° 11' 20" E., 4523.81 feet distant; thence along the following courses and distances: S. 29º 18’ 07” W., 226.10 feet; S. 82º 02’ 07” W., 1929.43 feet; S. 39º 41’ 32” W., 3201.35 feet; N. 89º 51’ 44” W., 420.23 feet; S. 01º 39’ 24” W., 1987.84 feet; S. 69º 23’ 18” W., 1898.59 feet; S. 04º 09’ 44” W., 1053.06 feet; S. 40º 22’ 57” W., 2005.53 feet; N. 89º 28’ 46” W., 2101.99 feet; N. 00º 11’ 58” W., 548.62 feet; N. 40º 02’ 20” E., 2626.64 feet; N. 87º 47’ 30” E., 1002.54 feet; N. 30º 28’ 19” E., 3012.11 feet; N. 75º 26’ 25” E., 867.45 feet; N. 27º 07’ 49” E., 624.61 feet; N. 00º 08’ 18” E., 3166.02 feet; S. 89º 33’ 28” E., 2538.42 feet; N. 87º 04’ 08” E., 790.43 feet to the place of beginning which is identical to Diversion Point Z-1, located in the SW¼ NW¼ Section 6, T. 28 S., R. 73 W., 6th P.M., Alamosa County, Colorado, whence the Northeast Corner of said Section 6 bears N. 68° 35' 45" E., 4990.83 feet distant. (3) Site Z is described in the Stipulation between The Nature Conservancy and the Bureau of Land Management in Case No. 00CW39 as “the historically irrigated area of the Zapata Ranch south of the former golf course area and including the restored wetlands within that area.” See Stipulation, p.3, and map attached as Exhibit B and incorporated herein by this reference. (4) Annual recharge through Site Z shall be determined by calculating the portion of water lost or recharged to the underground aquifer through the practice of irrigation with water that passes through Sites X and Y and is delivered to Site Z at Points Z-1 and Z-2 above. The irrigation efficiency for Site Z is estimated to be 40% which is typical for flood irrigation of meadows on relatively high permeability soils as documented in Soil Survey of Alamosa Area, Colorado (1973) and Colorado Irrigation Guide (1978) both prepared by USDA Soil Conservation Service. Therefore, water lost or annually recharged to the underground aquifer through Site Z is 60% of the water delivered to Site Z at Points Z-1 and Z-2 and measured in accordance with Paragraph 7.e. of the 06CW17 Decree. If the irrigation practices on Site Z are changed in the future such that the irrigation efficiency on the parcel is increased, the calculation of the amount of recharge to the system will be adjusted to reflect the change. The recharge occurring at Site Z is consistent with historical irrigation practices. The District has no control over those practices. D. Source: ditches obtaining their water supply from North and South Zapata Creeks under the water rights of The Nature Conservancy described in Exhibit C attached hereto and incorporated herein by this reference (Note: Exhibit C is titled “Exhibit A” but is marked as Exhibit C and filed as Exhibit C to this Ruling). The source of water for Site Z is return flows from the irrigation of land at Site Z under said water rights. E. Amount and Appropriation Date: i. Rate of flow: a. With an appropriation date of July 16, 1985: Point of Diversion X: 10 c.f.s., conditional; Point of Diversion Y: 8 c.f.s., conditional;Points of Diversion Z: Diversion Point (1): 4 c.f.s., conditional; Diversion Point (2): 4 c.f.s., conditional. b. With an appropriation date of December 18, 2003, that being the date the Bureau of Land Management entered into a stipulation with the Rio Grande Water Conservation District in Case No. 00CW39 that contemplated these changes: Point of Diversion X: 40 c.f.s., conditional; Point of Diversion Y: 12 c.f.s., conditional; Point of Diversion Z: Diversion Point (1): 26 c.f.s., conditional; Diversion Point (2): 6 c.f.s., conditional. ii. Volume to be stored: a. With an appropriation date of July 16, 1985: Point of Diversion X: 2,000 acre-feet, conditional; Point of Diversion Y: 350 acre-feet, conditional; Points of Diversion Z: 350 acre-feet, conditional. b.With an appropriation date of December 18, 2003: Point of Diversion X: 400 acre-feet, conditional; Point of Diversion Y: 850 acre-feet, conditional; Points of Diversion Z: 1,350 acre-feet, conditional. F. Use: Recharge for the purposes set forth in the Closed Basin Water Salvage Project decree in Case No. 85CW78, District Court, Water Division No. 3. G. Depth (if well): N/A. 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 diligence period, water was diverted and recharged, but the amounts of recharge were not quantified. During the diligence period, the District has spent approximately $11,185.42 on administrative, engineering, and legal expenses associated with activities directly related to the development of this water right. During the diligence period, the District spent approximately $4,940 to purchase and install a Parshall flume and has ordered and is waiting delivery of a continuous recorder to monitor and record flows leaving site X to properly account for the amount of recharge occurring at that site. During the diligence period, the District has worked with the Division Engineer’s Office and The Nature Conservancy to develop the right and agree on accounting principles to be used to properly record the amount of recharge occurring under this water right. 5. Names and Addresses of Land Owners: The Nature Conservancy 2424 Spruce St. Boulder, CO 80302, Zapata Homeowners P.O. Box 1282 Alamosa, CO 81101, Bureau of Land Management 46525 CO-114 Saguache, CO 81149, Patricia Vittoria 5400 Hwy 150 North Mosca, CO 81146, Larry & Anne Howe-Kerr 10311 Foxboro Drive Louisville, KY 40223. In consideration of the foregoing activities directed to the diligent operation of these recharge sites, the Applicants respectfully request that the Court enter a judgment and decree finding that the Applicants have exercised reasonable diligence in the development of the conditional water rights listed above.

Case No. 2016CW3007. Englert Living Trust; Thad J. & Sue Ellen Englert, Trustees, 58003 County Rd. T, Saguache, CO 81149 (Attorney: Gordon J. Bosa, PO Box 58, Alamosa, CO 81101; 719-589-6603).

Application for Change of Water Rights in Saguache County

Decreed water right for which change is sought: Name of structure: Well No. 3, Case No. W-745, Regis. No. unregistered, WDID No. 2605189.

Date of original and all relevant subsequent decrees: 1/16/1975; Case No: W-745; Court: Water Div. 3. Decreed location: SW1/4 SW1/4, S1, T43N, R9E, NMPM, at a point 800’ from the South Section Line & 40’ from the West Section Line, in Saguache Cty., CO. Decreed source of water: Confined aquifer. The well is 300’ in depth. The casing is 2” casing in diameter, and the amount of plain and perforated casing is unknown. Appropriation Date: 12/31/1930. Total amount decreed: 25 gpm, being .056 cfs. Decreed uses: Domestic, irrigation and stockwater. Amount of water that applicant intends to change: 10 gpm.

Decreed water right for which change is sought: Name of structure: Well No. 4, Case No. W-745, Regis. No. unregistered, WDID No. 2605190.

Date of original and all relevant subsequent decrees: 1/16/1975; Case No: W-745; Court: Water Div. 3. Decreed location: NE1/4 NE1/4, S2, T43N, R9E, NMPM, at a point 4100’ from the South Section Line & 1100’ from the East Section Line, in Saguache Cty, CO. Decreed source of water: Confined aquifer. The well is 350’ in depth. The casing is 2” casing in diameter, and the amount of plain and perforated casing is unknown. Appropriation Date: 12/31/1930. Total amount decreed: 25 gpm, being .056 cfs. Decreed uses: Domestic, irrigation and stockwater. Amount of water that applicant intends to change: 10 gpm.

Decreed water right for which change is sought: Name of structure: Well No. 5, Case No. W-745, Regis. No. unregistered, WDID No. 2605191.

Date of original and all relevant subsequent decrees: 1/16/1975; Case No: W-745; Court: Water Div. 3. Decreed location: NW1/4 NW1/4, S1, T43N, R9E, NMPM, at a point 5800’ from the South Section Line & 300’ from the West Section Line, in Saguache Cty., CO. Decreed source of water: Confined aquifer. The well is 450’ in depth. The casing is 3 1/2” casing in diameter, and the amount of plain and perforated casing is unknown. Appropriation Date: 12/31/1930. Total amount decreed: 100 gpm, being .223 cfs. Decreed uses: Domestic, irrigation and stockwater. Amount of water that applicant intends to change: 85 gpm.

Decreed water right for which change is sought: Name of structure: Well No. 8, Case No. W-745, Regis. No. unregistered, WDID No. 2605194.

Date of original and all relevant subsequent decrees: 1/16/1975; Case No: W-745; Court: Water Div. 3. Decreed location: NE1/4 SE1/4, S2, T43N, R9E, NMPM, at a point 1775’ from the South Section Line & 120’ from the East Section Line, in Saguache Cty., CO. Decreed source of water: Confined aquifer. The well is 500’ in depth. The casing is 3” casing in diameter, and the amount of plain and perforated casing is unknown. Appropriation Date: 12/31/1920. Total amount decreed: 35 gpm, being .078 cfs. Decreed uses: Domestic, irrigation and stockwater. Amount of water that applicant intends to change: 20 gpm.

Decreed water right for which change is sought: Name of structure: Well No. 9, Case No. W-745, Regis. No. unregistered, WDID No. 2605195.

Date of original and all relevant subsequent decrees: 1/16/1975; Case No: W-745; Court: Water Div. 3. Decreed location: NW1/4 SW1/4, S1, T43N, R9E, NMPM, at a point 2500’ from the South Section Line & 200’ from the West Section Line, in Saguache Cty., CO. Decreed source of water: Confined aquifer. The well is 450’ in depth. The casing is 2 1/2” casing in diameter, and the amount of plain and perforated casing is unknown. Appropriation Date: 12/31/1952. Total amount decreed: 35 gpm, being .078 cfs. Decreed uses: Domestic, irrigation and stockwater. Amount of water that applicant intends to change: 20 gpm.

Decreed water right for which change is sought: Name of structure: Well No. 10, Case No. W-745, Regis. No. unregistered, WDID No. 2605196.

Date of original and all relevant subsequent decrees: 1/16/1975; Case No: W-745; Court: Water Div. 3. Legal description of structure as described in most recent decree that adjudicated the location: NE1/4 SW1/4, S1, T43N, R9E, NMPM, at a point 1400’ from the South Section Line & 2500’ from the West Section Line, in Saguache Cty., CO. Decreed source of water: Confined aquifer. The well is 350’ in depth. The casing is 2” casing in diameter, and the amount of plain and perforated casing is unknown. Appropriation Date: 12/31/1930. Total amount decreed: 25 gpm, being .056 cfs. Decreed uses: Domestic, irrigation and stockwater. Amount of water that applicant intends to change: 10 gpm. ///

Detailed description of proposed change: The applicant(s) request(s) a change of use for the above stated wells (Well Nos. 3, 4, 5, 8, 9 and 10, Case No. W-745) from Irrigation, domestic and stockwater to domestic and stockwater only. The applicant(s) also plan to transfer 155 gpm. from above stated wells (Well Nos. 3, 4, 5, 8, 9 and 10, Case No. W-745) into Well Permit No. 252786, WDID No. 2606015. Details of Well Permit No. 252768 are stated below chart:

|Well Name |WDID # |Decreed Amount |Amount |Amount |Appropriation Date |

| | | |to be transferred |to remain in original | |

| | | | |well | |

|Well No. 3 |2605189 |25 |10 |15 |12/31/1930 |

|Well No. 4 |2605190 |25 |10 |15 |12/31/1930 |

|Well No. 5 |2605191 |100 |85 |15 |12/31/1930 |

|Well No. 8 |2605194 |35 |20 |15 |12/31/1920 |

|Well No. 9 |2605195 |35 |20 |15 |12/31/1952 |

|Well No. 10 |2605196 |25 |10 |15 |12/31/1930 |

| | | | | | |

Name of structure: Permit No. 252768, WDID # 2606015.

Date of original and all relevant subsequent decrees: n/a (undecreed well). Permitted Legal description of Well Permit No. 252768: NW1/4 NW1/4, S1, T43N, R9E, NMPM, at a point 200’ from the North Section Line & 450’ from the West Section Line, in Saguache Cty., CO. Source of water: Confined aquifer. The claimed well depth is 450’ in depth. The casing is 2” casing in diameter, and the amount of plain and perforated casing is unknown. Appropriation Date: 9/14/ 1930, for 50 gpm for Permit No. 252768. Additional appropriation dates – refer to above table. Total permitted amount: 50 gpm, being 0.111 cfs. Permitted Use: Live stock watering only. Change of water right requested: 1.) To change the permitted amount of water from 50 gpm to 205 gpm. which is the original permitted 50 gpm (Permit No. 252768) plus the 155 gpm transferred from Well Nos. 3, 4, 5, 8, 9 and 10, Case No. W-745 as stated above; 2.) To change the permitted use of water (livestock watering) to: Livestock and irrigation purposes. Actual location of well as verified by Division of Water Resources field inspection: Location information in UTM format (Permit No. 252768, WDID No. 2606015): UTM coordinates – (NAD83) 4207604 Northing; 417457 Easting, Zone 13. /// Names and address of 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. Englert Living Trust, c/o Thad J. & Sue Ellen Englert, Trustees, 58003 County Rd. T, Saguache, CO 81149. Remarks: Copies of Decrees, Rulings, map and Permit No. 252768 are attached to the application and may be viewed in the office of the Water Court.

(______ pages including attachments)

2016CW3008, MONTE VISTA WATER USERS ASSOCIATION (the “Company”), Mark Deacon, President, P.O. Box 288, Monte Vista, CO 81144, Phone: (719) 852-3556. (Attorneys: William A. Paddock and Johanna Hamburger, Carlson, Hammond & Paddock, L.L.C., 1900 Grant Street, Suite 1200, Denver, CO 80203-4539, Phone: (303) 861-9000, Fax: (303) 861-9026, bpaddock@chp-, jhamburger@chp-). Application for Correction for an Established but Erroneously Described Point of Diversion Pursuant to § 37-92-305(3.6), C.R.S. 2. Name of Structure: Monte Vista Canal. 3. Description of Water Right: A. Decree: 1. Date of Original Decree: May 1, 1896, In the Matter of the Adjudication of the Priorities of Water Rights in Water District No. 20, District Court of the Twelfth Judicial District of the State of Colorado, Costilla County (“1896 Decree”). 2. Date of Subsequent Decree: April 9, 1903, First Supplemental Decree, In the Matter of the Adjudication of the Priorities of Water Rights in Water District No. 20, District Court of the Twelfth Judicial District of the State of Colorado, Costilla County (“1903 Decree”). B. Location: the Rio Grande decreed point of diversion is the NE¼ NW¼ SW¼ of Section 6, T39N, R7E, N.M.P.M. C. Source: Rio Grande. D. Appropriation Dates and Amounts Awarded: 1. May 31, 1882, 132.3 c.f.s., 1896 Decree. 2. May 24, 1889, 125.3 c.f.s., 1896 Decree. 3. June 30, 1891, 13.35 c.f.s., 1903 Decree. 4. June 30, 1892, 20.58 c.f.s., 1903 Decree. 5. June 30, 1893, 8.44 c.f.s., 1903 Decree. 6. June 30, 1894, 3.75 c.f.s., 1903 Decree. 7. June 30, 1895, 1.63 c.f.s., 1903 Decree. 8. June 30, 1896, 10.42 c.f.s., 1903 Decree. 9. June 30, 1897, 5.21 c.f.s., 1903 Decree. 10. June 30, 1898, 14.35 c.f.s., 1903 Decree. 11. June 30, 1899, 4.56 c.f.s., 1903 Decree. Use: Irrigation. 4. Detailed description of proposed correction to an established but erroneously described point of diversion: A. Historical Background: 1. The first adjudication of water rights in Water District No. 20 began in 1889. The Monte Vista Canal Company filed a statement of claim in that adjudication proceeding on December 20, 1889. The statement of claim described two existing headgates for the Monte Vista Canal, one located at a point near the center of the NE1/4 NW1/4 SW1/4 of Section 6, T39N, R7E, N.M.P.M and a second headgate located on “the south bank of the south branch of the Rio Grande” at a point N. 23°30’West 900 feet from the SE1/4 of Section 17, T39N, R.7E, N.M.P.M. The statement of claim also stated that the Monte Vista Canal Company had surveyed and located a third headgate to be constructed in the SE1/4 of Section 8, T39N, R7E, N.M.P.M. 2. On October 24, 1889, the Monte Vista Canal Company filed with the State Engineer and subsequently filed with the court in the 1889 adjudication proceeding an “Additional and Further Statement” for the purpose of “claiming and describing another and direct connection from the Rio Grande from which said Monte Vista Canal now draws its water supply . . . .” See Exhibit 1, attached. The Additional and Further Statement described this as a “Feeder”, with its headgate located in the SE¼ of Section 8, T39N, R7E, and claimed the ditch was capable of carrying 1,200 c.f.s. The description of the “Feeder” in the additional statement is the same as the third headgate listed in the statement of claim filed with the court on December 20, 1889. 3. On December 19, 1891, Flora E. Haffy conveyed to the Monte Vista Canal Company a right-of-way for a ditch, roadway, and ditch yard purposes for the Monte Vista Canal commencing at the Rio Grande and extending across the south half of the southeast quarter of Section 8, T39N, R7E of the N.M.P.M. That deed is recorded in Book 53 at page 159 in the records of the Clerk and Recorder of Rio Grande County. 4. The 1896 Decree identified the headgate of the Monte Vista Canal as being near the center of the NE¼ NW¼ SW¼ of Section 6, T39N, R7E, N.M.P.M. This is one of the three points of diversion listed in the Company’s statement of claim. The 1903 Decree, which awarded the Monte Vista Canal an additional 9 priorities totaling 83.27 c.f.s., does not describe the headgate’s location. 5. The Monte Vista Water Users Association is the successor-in-interest to the Monte Vista Canal Company. Its current and only point of diversion from the Rio Grande is in the SW¼ SE¼ of Section 8. 6. The 1896 Decree identified the headgate of the Monte Vista Canal as being in the NE¼ NW¼ SW¼ of Section 6. However, the 1906 “Topographic Map of San Luis Valley, Colorado” by C.E. Seibenthal, published in U.S.G.S. Water Supply Paper 240, shows that in 1906 the sole point of diversion of the Monte Vista Canal from the Rio Grande was located in the SE¼ of Section 8, T39N, R7E, N.M.P.M. See Exhibit 2 attached. Additionally, the 1929 straightline diagram of the Rio Grande prepared for the Colorado Water Conservation Board’s San Luis Valley Project report, see Exhibit 3, attached, shows the sole point of diversion for the Monte Vista Canal from the Rio Grande was in the SE¼ of said Section 8. Plate 11 of the 1936 Rio Grande Joint Investigation, see Exhibit 4, likewise shows the sole point of diversion from the Rio Grande for the Monte Vista Canal to be in the SE1/4 of said Section 8. B. Statutory Requirements for Correcting an Erroneous Point of Diversion: 1. Section 37-92-305(3.6), C.R.S. allows a correction to an erroneously described point of diversion when: (1) the diversion has been at the same physical location since the decree confirmed the water right; (2) the point of diversion is not located at the point specified in the decree; and (3) the water right owner intended to divert pursuant to the decree confirming the water right. When a diversion has been in the same location since 1943, it is presumed that the diversion has been in the same place since the decree confirmed the water right. 2. The Company meets the first statutory requirement because the 1889 Additional and Further Statement states that the diversion in SE¼ Section 8, T39N, R7E, N.M.P.M. was in existence and in use prior to the time the original decree was entered in 1896. The 1891 right-of-way deed establishes the Company had acquired the right to operate and maintain a canal extending from the Rio Grande through the S½ SE¼ of said Section 8 before entry of the 1896 Decree. 3. The Company meets the second statutory requirement because its headgate is in the SE¼ of said Section 8, not Section 6 as set forth in the 1896 Decree. 4. The Company meets the third statutory requirement because the Company clearly intended to divert in SE¼ of said Section 8. This is shown by the fact that the Company’s 1889 statement of claim, claims a point of diversion in the SE¼ of Section 8. See Exhibit 5, attached. The October 1889 Additional and Further Statement also shows the Company’s intent to divert and diversion from the Rio Grande in the SE¼ of said Section 8. Additionally, an 1891 right of way granted to the Company demonstrates its acquisition of a right of way to operate and maintain the canal to divert from the Rio Grande at this location. This demonstrates that the Monte Vista Canal Company intended its point of diversion to be located in the SW¼ SE¼ of said Section 8. 5. Finally, the statute also provides that a correction may only be granted when: (1) the point of diversion is already in place; and (2) the water rights are diverted at that point of diversion. § 37-92-305(3.6)(d)(IV)(A)-(B), C.R.S. As discussed above, the Company meets both these requirements because the Company’s sole headgate on the Rio Grande is constructed in the SW¼ SE¼ Section 8, and it diverts its water rights at that headgate. C. The legal description of the corrected point of diversion: the point at which water is taken from the Rio Grande by the Monte Vista Canal is in the SW1/4 SE1/4 of Section 8, T39N, R7E, N.M.P.M. at a point N52°43’W 2,010 feet from the southeast corner of Section 8, which is also 1,650 feet from the east section line and 1,200 feet from the south section line of said Section 8; UTM Coordinates: 13s Northing: 4,166,100 Easting: 391,653. The control gates of the Monte Vista Canal are located approximately 160 feet down the ditch at a point 1,630 feet from the East section line and 1,035 feet from the South section line; UTM Coordinates: 13s Northing: 4,166,051, Easting: 391,660. The UTM coordinates in NAD 83 are from AquaMaps, version 3.0.1, July 5, 2009. The distances from section lines and bearings were determined by scaling from the U.S.G.S. 7.5 minute quad map for Sevenmile Plaza. See Exhibit 6. 5. Name(s) and address(es) of owner(s) or reputed owner(s) 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: This provision is not applicable to the correction for an established but erroneously described point of diversion pursuant to § 37-92-305(3.6), C.R.S. because there is no new diversion or storage structure, no modification to any existing diversion or storage structure, no new structure will be constructed, and no water storage right is involved. The reputed owner of the land on which the Monte Vista Canal takes water from the Rio Grande, and on which its control gates are located is: River Valley Group, LLC, c/o Steven W. Massey, 1800 S. Sheridan Blvd, Ste 307, Denver, CO 80232. WHEREFORE, Applicant requests that the Court enter an order correcting the erroneously decreed point of diversion for the Monte Vista Canal.

2016CW7, ALAN R. PALMER, 29450 Cty. Rd. 65, Moffat, CO 81143, 719-588-3348, APPLICATION FOR ABSOLUTE WATER RIGHTS (SURFACE) Palmer Springs 1,2,3,4 and 5, IN SAGUACHE COUNTY, COLORADO 2. Name of structure: Palmer Spring No. 1, a spring. 3. Legal description of each point of diversion: UTM coordinates, Zone 13; Legal description using PLSS: SE1/4 SE1/4, Section 1, Township 45N, Range 10E, NMPM, Distance from section lines: 930 feet from south and 155 feet from east. 4. Source: natural spring. 5. A. Date of appropriation: April 22, 1997. B. How appropriation was initiated: Survey springs by Davis Engineering. C. Date water applied to beneficial use: June 1, 1997. 6. Amount claimed: Absolute 5 gpm. 7. List all uses or proposed uses: Stock watering and irrigation of 1/10 acre. A. Number of acres historically irrigated: 1/10 acre; Legal description of irrigated acreage: A portion of the SE1/4, Section 1, T45N, R10E, NMPM, in Saguache County, Colorado. B. If non-irrigation, describe purpose fully: Stock watering. 8. Name of structure: Palmer Spring No. 2, a spring. 9. Legal description of each point of diversion: UTM coordinates, Zone 13; Legal description using PLSS: SE1/4 SE1/4, Section 1, Township 45N, Range 10E, NMPM, Distance from section lines: 958 feet from south and 157 feet from east. 10. Source: natural spring. 11. A. Date of appropriation: April 22, 1997. B. How appropriation was initiated: Survey springs by Davis Engineering. C. Date water applied to beneficial use: June 1, 1997. 12. Amount claimed: Absolute 10 gpm. 13. List all uses or proposed uses: Stock watering and irrigation of 2/10 of an acre. A. Number of acres historically irrigated: 2/10 acre; Legal description of irrigated acreage: A portion of the SE1/4, Section 1, T45N, R10E, NMPM, in Saguache County, Colorado. B. If non-irrigation, describe purpose fully: Stock watering. 14. Name of structure: Palmer Spring No. 3, a spring. 15. Legal description of each point of diversion: UTM coordinates, Zone 13; Legal description using PLSS: SE1/4 SE1/4, Section 1, Township 45N, Range 10E, NMPM, Distance from section lines: 1058 feet from south and 142 feet from east. 16. Source: natural spring. 17. A. Date of appropriation: April 22, 1997. B. How appropriation was initiated: Survey springs by Davis Engineering. C. Date water applied to beneficial use: June 1, 1997. 18. Amount claimed: Absolute 10 gpm. 19. List all uses or proposed uses: Stock watering and irrigation of 1/2 acre. A. Number of acres historically irrigated: 1/2 acre; Legal description of irrigated acreage: A portion of the SE1/4, Section 1, T45N, R10E, NMPM, in Saguache County, Colorado. B. If non-irrigation, describe purpose fully: Stock watering. 20. Name of structure: Palmer Spring No. 4, a spring. 21. Legal description of each point of diversion: UTM coordinates, Zone 13; Legal description using PLSS: SE1/4 SE1/4, Section 1, Township 45N, Range 10E, NMPM. Distance from section lines: 1037 feet from south and 95 feet from east. 22. Source: a natural spring. 23. A. Date of appropriation: April 22, 1997. B. How appropriation was initiated: Survey springs by Davis Engineering. C. Date water applied to beneficial use: June 1, 1997. 24. Amount: Absolute 10 gpm. 25. List all uses or proposed uses: Stock watering and irrigation of 15/100 of 1 acre. A. Number of acres historically irrigated: 15/100 of an acre; Legal description of irrigated acreage: A portion of the SE1/4, Section 1, T45N, R10E, NMPM, in Saguache County, Colorado. B. If non-irrigation, describe purpose fully: Stock watering. 26. Name of structure: Palmer Spring No. 5, a spring. 27. Legal description of each point of diversion: UTM coordinates, Zone 13; Legal description using PLSS: SE1/4 SE1/4, Section 1, Township 45N, Range 10E, NMPM, Distance from section lines: 1016 feet from south and 12 feet from east. 28. Source: a natural spring. 29. A. Date of appropriation: April 22, 1997. B. How appropriation was initiated: Survey springs by Davis Engineering. C. Date water applied to beneficial use: June 1, 1997. 30. Amount claimed: Absolute 15 gpm. 31. List all uses or proposed uses: Stock watering and irrigation of 1/2 acre. A. Number of acres historically irrigated: 1/2 acre; Legal description of irrigated acreage: A portion of the SE1/4, Section 1, T45N, R10E, NMPM, in Saguache County, Colorado. B. If non-irrigation, describe purpose fully: Stock watering.

You are further notified that you have until the last day of September, 2016, 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.

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 11th day of August, 2016.

______________________________________

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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