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, 2015.

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. 2015CW7, MICHAEL M. AND GLENALEE MITCHELL, 1588 E. COUNTY ROAD 6N, MONTE VISTA, CO 81144, onemitchmm@, 719-850-3060, APPLICATION FOR CHANGE OF WATER RIGHT IN ALAMOSA COUNTY. 2. Decreed water right for which change is sought A. Name of structure: Well No. 13-S, Case No. 83CW90, WDID 2005871, Permit No. 26851-F; B. Date of original and all relevant subsequent decrees: September 27, 1985 Case No. 83CW90, Court: District Division 3. Amended by Order on May 30, 1986; C. Legal description of structure: SE1/4 NE1/4 of Section 4, Township 39 North, Range 9 East, NMPM at a point 1330 feet from the North section line and 1310 feet from the East section line in Alamosa County Colorado. D. Decreed source of water: Unconfined Aquifer of the Closed Basin; E. Appropriation date: May 20, 1964; F. Total amount decreed to structure: 300 gpm being 0.668 cfs; G. Decreed use or uses: Irrigation; H. Amount of water that applicant intends to change: 300 gpm as an alternate point of diversion to Well No. 13-R, Case No. 83CW89. 3. Detailed description of proposed change: The Applicants have two adjudicated irrigation wells supplying a standard size center pivot sprinkler within the NE1/4 of Section 4, Township 39 North, Range 9 East, N.M.P.M. These wells are in very close proximity to each other. The Applicants seek to move Well No. 13-S from its current location at the center of the quarter-section to the western edge of the field. The replacement well will be located very near 13S 412437 mE 4168478 mN, and within the NW1/4 NE1/4 of Section 4, T39N, R9E, N.M.P.M. This plots to a point approximately 825 feet from the North Section line and 2500 feet from the east Section line. Use of the replacement well will be only on the NE1/4 of Section 4, Township 39 North, Range 9 East, NMPM. The old well no. 26851-F will be plugged and abandoned. The Applicant also desires the right to drill the replacement well to a depth not to exceed 80 feet (depth of well no. 4649-FR) or to the top of the confining clay series, whichever comes first. B. N/A – Applicants see to move an adjudicated irrigation well. C. See above. 4. The applicant is the legal owner of the property upon which water will be placed to beneficial use.

(3 pages)

2015CW3021, Rio Grande Water Users Association, P.O. Box 288, Monte Vista, CO 81144, (719) 852-3556, Attorneys: William A. Paddock and Mason H. Brown, Carlson, Hammond & Paddock, LLC, 1900 Grant St., Suite 1200, Denver, Colorado 80203. APPLICATION FOR A SEXENNIAL FINDING OF REASONABLE DILIGENCE. 1. Name of structures. The Winter Recharge Water Right that is the subject of this application can be diverted at one or more of the following structures: Rio Grande Canal, Farmers Union Canal, Monte Vista Canal, Prairie Ditch, Empire Canal, San Luis Valley Canal, Centennial Ditch, and Excelsior Ditch (collectively “Recharge Ditches”). 2. Describe conditional water right (as to each structure) including the following information from previous decree: A. Date of Original Decree: June 9, 1988, Case No. 79CW91, District Court, Water Division No. 3. B. List all subsequent decrees awarding findings of diligence: June 1, 1995, Case No. 94CW13; December 30, 2002, Case No. 01CW14; July 6, 2009, Case No. 08CW25. All of the foregoing decrees were entered by the District Court for Water Division No. 3. C. Legal descriptions: (1) Rio Grande Canal: A point in the NW¼ of Section 30, Township 40 North, Range 6 East of the N.M.P.M., S 17° 50’ E 1,110 feet from the NW corner of said NW¼ of Section 30. (2) Monte Vista Canal: A point near the center of the NE¼ NW¼ SW¼ of Section 6, Township 39 North, Range 7 East of the N.M.P.M. (3) Farmers Union Canal: A point S 82° 30’ W 48.12 chains from the E¼ corner of Section 36, Township 40 North, Range 6 East of the N.M.P.M. (4) Empire Canal: A point in the SE¼ NW¼ of Section 33, Township 39 North, Range 8 East of the N.M.P.M. (5) Prairie Ditch: A point on the North bank of the Rio Grande from whence the N¼ corner of Section 8, Township 39 North, Range 7 East of the N.M.P.M. bears N 38° 45’ E 880 feet. (6) Centennial Ditch: A point 1,080 feet North of the SW corner NE¼ NW¼ NW¼ of Section 2, Township 38 North, Range 8 East of the N.M.P.M., N 44° 30’ E 1,450 feet. (7) San Luis Valley Canal: Headgate located on the East bank of the Rio Grande in the NW¼ SW¼ of Section 35 in T39N, R8E of the N.M.P.M. (8) Excelsior Ditch: Headgate located on the North bank of the Rio Grande in the SW¼ NE¼ of Section 6, T38N, R9E of the N.M.P.M. D. Source of water: Rio Grande. E. Appropriation Date: November 1, 1959. Amount: 509 c.f.s. absolute; 3,294.04 c.f.s. conditional. F. Use: Decreed for maintaining and replenishing the supply of water for irrigation through the use of surface diversions to recharge of underground aquifers, the storage of water in underground aquifers, and the subsequent extraction of the stored water by means of wells and its use for irrigation purposes. Diversions under the water right may occur only during November and December of any year. Any such diversions are subject to lawful administration for purposes of satisfying the obligation of the State of Colorado under the Rio Grande Compact. 3. 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 2009-2015 diligence period (“Diligence Period”): The years 2009 through 2015 represented continued period of drought in Water Division No. 3. Given the drought conditions and the Rio Grande’s separate compact delivery schedule, the Division Engineer allowed winter recharge diversions only in 2009 and 2012, and did not allow Applicant to divert water for winter recharge in any other years during the Diligence Period. In 2009 the Applicant diverted and recharged approximately 12,998 acre-feet. In 2012 Applicant diverted and recharged approximately 6,661 acre-feet. The 2009 and 2012 diversions were made through a combination of the Recharge Ditches and the water so diverted helped to maintain and replenish groundwater supplies that are used for irrigation. The maximum rates of diversion by the Recharge Ditches during the Diligence Period were: Rio Grande Canal – 119 c.f.s.; Monte Vista Canal – 74 c.f.s.; Farmers Union Canal – 113 c.f.s.; Empire Canal – 40 c.f.s.; Prairie Ditch – 30 c.f.s.; Centennial Ditch – 16.1 c.f.s.; San Luis Valley Canal – 36.1 c.f.s.; Excelsior Ditch – 58.6 c.f.s. The combined maximum daily diversion rate for all of the Recharge Ditches in 2009 was 329 c.f.s. The combined maximum daily rate of diversion for all of the Recharge Ditches in 2012 was 295.4 c.f.s. Due to the drought conditions described above, the water legally and physically available for diversion from the Rio Grande was insufficient to enable the Applicant to make absolute any greater portion of the conditional water right than has already been decreed absolute. During the Diligence Period, owners of the Recharge Ditches expended substantial sums of money on system operation, maintenance and repair that, in part, enabled their diversions pursuant to this water right. During the Diligence Period the Applicant’s consulting engineers served on the peer review committee to review the engineering work by the State Engineer to upgrade and revise the Rio Grande Decision Support System and its groundwater model. The Applicant participated in this process, in part, to protect the conditional water right that is the subject of this application. During the Diligence Period the Applicant consulted with the State Engineer and the Division Engineer on river administration and compact administration to ensure maximum diversions under this conditional water right consistent with the Rio Grande’s separate compact delivery schedule. During the Diligence Period Applicant participated in the litigation, including appeal, to secure approval of the Plan of Water Management for Special Improvement District No. 1 of the Rio Grande Water Conservation District; and the litigation, including appeal, over the approval of the 2012 Annual Replacement Plan for Special Improvement District No. 1. The use of recharge, including the Winter Recharge water right, was an issue in the litigation over the approval of the Plan of Water Management. During the Diligence Period, Applicant has acted to preserve and protect its water right and the water rights of its members by filing statements of opposition to and by participating in numerous other judicial proceedings in Water Division 3. The work performed, sums of money spent, and actions taken by Applicant during the Diligence Period demonstrate the Applicant’s continuing intent to develop the conditional right originally decreed in Case No. 79CW91. Applicant has shown that it can and will divert, store, or otherwise capture, possess, or control and beneficially use the conditional water right, and that the conditional water right can and will be completed and exercised with diligence and within a reasonable time. 4. 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: Not Applicable. 5. Attached hereto as Figures 1-8 are maps showing the points of diversion and general service areas for each of the Recharge Ditches. These maps are based on the information contained in the Colorado Decision Support System shape files for each ditch. The actual area served by each ditch may vary in some minor respects from the area shown in the attached figures. 6. The Applicant requests the court to enter a decree finding that it has exercised reasonable diligence in the development of the conditional water right and extending the conditional water right for and additional six years.

(6 pages)

15CW3022 BLANCA RANCH HOLDINGS, LLC AND BLANCA FORESTRY PRODUCTS, LLC(collectively “Trinchera Ranch”), c/o Ty Ryland, 24492 Trinchera Ranch Road, Fort Garland, CO 81133; Attorneys for the Applicant: Lee H. Johnson and Mason H. Brown, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, Colorado 80203; Phone Number: (303) 861-9000, Fax Number: (303) 861-9026. APPLICATION FOR A CHANGE OF WATER RIGHT. 2. Decreed water right for which change is sought: A. Trujillo Well No. 2 (a.k.a. Well No. 1, Case No. W-2586, Well Permit No. 14558-R-R.) B. Date of original and all relevant subsequent decrees: September 23, 1976, Case No: W-2586, Water Court, Water Division No. 3, State of Colorado. Amended decree correcting legal description and location of well issued on June 23, 1977, Case No. W-2586, Water Court, Water Division No. 3, State of Colorado. C. Legal description of structure as described in most recent decree that adjudicated the location: Pursuant to the amended decree in Case No. W-2586, entered on June 23, 1977, Trujillo Well No. 2 was originally located in the SW1/4SE1/4, Section 34, Township 30 South, Range 72 West, 6th P.M., at a point 826 feet from the South Section line and 1325 feet from the East Section line, in Costilla County, Colorado. In accordance with replacement well permit No. 14558-R-R, the replacement well was constructed within 200 feet of the decree location. The replacement well is located in the SW1/4SE1/4, Section 34, Township 30 South, Range 72 West, 6th P.M. at a point 826 feet from the South Section line and 1325 feet from the East Section line. The applicant also provides the following UTM locations to describe the physical location of the well as constructed: (Easting 462947, Northing 4138269), Zone 13, NAD 83. D. Decreed source of water: Unconfined aquifer, permitted depth 190’. E. Appropriation Date: December 31, 1956. F. Total amount decreed to structure in gallons per minute (gpm) or cubic feet per second (cfs): 1300 gpm or 2.90 c.f.s., absolute. G. Decreed use or uses: Irrigation and stock water. H. Amount of water that applicant intends to change: As described in Section 3, below, Applicant seeks an alternate point of diversion for the water right decreed to Trujillo Well No. 2 and to change the type of use to include commercial, domestic and industrial uses, (including related storage for fire protection and operational purposes), in addition to the existing decreed uses of irrigation and stock water. 3. Detailed description of proposed change: Trinchera Ranch seeks an alternate point of diversion of Trujillo Well No. 2 (the “Subject Water Right”) and a change in type, time and place of use to include commercial, domestic and industrial uses in addition to the existing decreed uses of irrigation and stock water. Trinchera Ranch seeks to quantify the historical consumptive use associated with the Subject Water Right and use the historical consumptive use “credits” resulting from the phased dry-up of the historically irrigated lands for commercial, domestic and industrial uses, (including related storage for fire protection and operational purposes), in connection with the construction and year-round operation of a commercial and industrial development near Blanca, Colorado, located on lands owned by Blanca Forestry Products, LLC (the “BFP Parcel”). Applicant intends to drill two wells on the BFP Parcel – New Well No. 1 to supply water for the planned commercial and industrial development itself and a separate, smaller capacity (up to 15 g.p.m.) New Well No. 2 to supply domestic water for employees and customers at said development (collectively, the “New Wells”). Water pumped from the New Wells on the BFP Parcel will be used to supply the planned commercial and industrial development, including domestic use water for employees and customers. For purposes of this application, it is assumed that all groundwater diversions at the New Wells in support of the proposed commercial and industrial development will be fully consumed. Both the existing Trujillo Well No. 2 and the New Wells at the BFP Parcel will be included in the Trinchera Groundwater Management Subdistrict and incorporated in the Subdistrict’s Plan of Water Management or an Augmentation Plan. The Subject Water Right has been historically used as the sole water source to irrigate lands served by a half-circle pivot irrigation system located in the W1/2 of the SE1/4 of Section 34, Township 30 South, Range 72 West, 6th P.M. (the “Trujillo Parcel”). Approximately 60 acres have been historically irrigated on the Trujillo Parcel by said half-circle pivot. In 2007, a meter was installed on Trujillo Well No. 2 for the first time and the subsequent groundwater pumping records are attached as Exhibit B. These are the only known pumping records for this well. In connection with this application, Trinchera Ranch will quantify the historical consumptive use of groundwater on the Trujillo Parcel and estimates that the average annual consumptive use during the study period was approximately 110 acre feet. Applicant will divert a portion of the Subject Water Right through the New Wells on the BFP Parcel. Consumptive use of water by the New Wells will be off-set by dry-up of historically irrigated lands on the Trujillo Parcel and corresponding reductions in diversions and consumption by Trujillo Well No. 2 in order to avoid any expansion of use. Applicant proposes that the Trujillo Well No. 2 and the New Wells will be subject to a combined overall pumping limit of 800 gallons per minute and, consistent with the maximum annual volume of groundwater withdrawn during the study period, a combined maximum annual withdrawal limit of 165 acre feet per year. These proposed limits are less than the limits imposed on the Trujillo Well No. 2 by Well Permit No. 14558-R-R. A map showing the general locations of the BFP Parcel, the Trujillo Parcel, and Trujillo Well No. 2 is attached as Exhibit A. Applicant proposes to implement the change of water rights as follows: Upon commencement of construction activities on the commercial and industrial development project at the BFP Parcel, Applicant will permanently remove 20 acres of the historically irrigated acreage on the Trujillo Parcel (so that no more than 40 acres of land is irrigated by the pivot on the Trujillo Parcel going forward). Applicant will apply for well permits and construct the New Wells on the BFP Parcel and, pursuant to a SWSP or the decree entered in this case, use the New Wells to supply water for construction and initial operational purposes associated with the new development on the BFP Parcel. Said uses on the BFP Parcel will occur on a year-round basis. New Wells groundwater diversions (inclusive of both the new domestic well and the new commercial/industrial well) will be metered and shall not exceed a combined total of 36.0 acre feet annually without additional reductions at the Trujillo Well No. 2. Upon commencement of construction activities at the BFP Parcel, the Trujillo Well No. 2 groundwater diversions shall thereafter not exceed 108.9 acre feet annually (66% of 165 a.f.). Additional reductions in the Trujillo Well No. 2 shall occur on the following basis. On or before March 15th of each water year, Applicant shall provide written notice to the Division Engineer’s Office for Water Division No. 3 if it intends to further reduce Trujillo Well No. 2 diversions and irrigated acreage during the forthcoming irrigation season. For each acre of the remaining 40 irrigated acres removed from irrigation for that coming water year, Applicant may divert an additional 1.8 acre feet of water through the New Wells. Similarly, the limit on the maximum volume of water that can be diverted in that year through the Trujillo Well No. 2 shall be reduced by 2.75 acre feet for each acre removed from irrigation. Under this approach, ongoing consumption at the Trujillo Parcel will be reduced as groundwater pumping at the New Wells increases and in no event will the combined consumption from the New Wells and the Trujillo Well No. 2 exceed the historical consumption made at the Trujillo Parcel. Alternatively, the Applicant may elect to completely dry up the Trujillo Parcel (so that all 60 acres of land currently irrigated by the pivot will be permanently removed from irrigation) and use the resulting historical consumptive use “credits” either (1) to address any increased depletions associated with the use of water from the New Wells to supply additional future development on the BFP Parcel or, at the Applicant’s sole option, (2) make any other use as is allowed by law. Under this approach, Trujillo Well No. 2 will be plugged and abandoned and all groundwater diversions for the Subject Water Right will thereafter occur at the BFP Parcel through the New Wells, or as authorized in a subsequent Water Court decree. Once Trujillo Well No. 2 is plugged and abandoned, the annual diversions from the New Wells will be limited to a combined total of 110 acre feet annually, consistent with the average annual consumptive use historically generated by the prior use of the Subject Water Rights at the Trujillo Parcel. At such time, any such groundwater pumped from the New Wells will be fully consumable and may be used and reused to extinction. 4. Name(s) and address(es) of owners(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. The Trujillo Well No. 2 is located on lands owned by the Co-Applicant, Blanca Ranch Holdings, LLC. The New Wells will be located on lands owned by Co-Applicant Blanca Forestry Products, LLC.

(6 pages)

CASE NO. 2015CW3023 CONCERNING THE APPLICATION FOR WATER RIGHTS

OF THE SAN LUIS VALLEY WATER CONSERVANCY DISTRICT ON ITS OWN

BEHALF AND BY AND THROUGH ITS AUGMENTATION PROGRAM ENTERPRISE,

FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PORTION OF

CONTIDITONAL WATER RIGHT ABSOLUTE, c/o Michael Gibson, Manager, 415 San

Juan Avenue, Alamosa, Colorado 81101 (Attorney: Tod J. Smith, The Law Office of Tod

J. Smith, LLC, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, IN ALAMOSA,

HINSDALE, MINERAL, RIO GRANDE AND SAGUACHE COUNTIES. 2. Name of

Structure: Not Applicable. 3. Description of Prior Decrees: 3.1. Date of Original

Decree: December 19, 1994, Case No. 93CW43, District Court, Water Division No. 3.

3.2. Date of First Decree Finding Reasonable Diligence: September 20, 2001, Case No.

2000CW38, District Court Water Division No. 3. 3.3. Date of Second Decree Finding

Reasonable Diligence: June 4, 2009, Case No. 07CW47, District Court, Water Division

No. 3. 4. Description of Water Right: 4.1. Name of Water Right: Pinõs Creek Exchange.

4.2. Location: The lower terminus of the exchange reach is the confluence of the Rio

Grande and Pinos Creek in Section 30, Township 40 North, Range 5 East of the

N.M.P.M., Rio Grande County, Colorado. The upper terminus of the exchange reach is

the point of diversion of the Del Norte Pipeline located at a point on the west bank of

Pinos Creek whence the southwest corner of Section 10, Township 39 North, Range 5

East of the N.M.P.M. bears north 0° 36’ West, a \distance of 2,547 feet. The District may

also carry out this exchange to any other facility now existing or hereafter constructed

on Pinos Creek within the exchange reach. 4.3. Source of Substitute Supply: Applicant’s

interest in and to the following priorities of the Pine River Weminuche Pass Ditch:

Priority Nos. 1965-13, 1965-14, 1965-19; Priority Date: October 11, 1934, October 11,

1934, June 10, 1936; Amount: 6.0 cfs for each priority. The Pine River Weminuche

Pass Ditch diverts water from the Rio Los Pinos, a tributary of the San Juan River in

Water Division No. 7. Following importation of the water from Water Division No. 7 into

the Rio Grande basin, Water Division No. 3, the water can be delivered as a source of

substitute supply to the confluence of Rio Grande and Pinos Creek. The exchange

operates against native flows of Pinos Creek. 4.4. Date of Appropriation: February 28,

1991. 4.5. Amount: 4.0 cfs conditional; annual volume of 17 acre-feet. 4.6. Uses:

Augmentation purposes to replace out-of-priority depletions to Pinos Creek, streams

tributary to Pinos Creek, or the Rio Grande pursuant to the District’s Augmentation

Program. 5. Outline of Work Performed or Actions Taken Toward Completion of the

Appropriation and Application of the Water to Beneficial Use as Conditionally Decreed:

5.1. The District operates a single, unified and integrated Augmentation Program which

incorporates several augmentation plans and exchanges, including those decreed

in Case Nos. 03CW41, 05CW13 and 07CW63, and claimed in Case Nos. 09CW34 and

14CW3011. During the diligence period the District spent substantial amounts of money

and devoted hundreds of man hours to the development, operation, maintenance,

improvement of, and acquisition of water rights for inclusion in its Augmentation

Program. As part of its overall effort, the District retained engineering consultants and

attorneys to assist in the operation, maintenance, improvements and protection of its

water rights and operation of its Augmentation Program. The District also spent money

acquiring additional augmentation water, legal and engineering costs related to

changing those water rights and on engineering and constructing improvements to its

water supply facilities. 5.1.1. During the diligence period, the District expended in

excess of $300,000 in legal fees, protecting the District’s water rights and facilities, and

incorporating additional water supplies into its Augmentation Program; 5.1.2. During the

diligence period, the District expended in excess of $300,000 in engineering fees and

expenses, operating its Augmentation Program, evaluating additional water rights and

facilities for incorporation into its Augmentation Program, protecting its water rights and

the operation of the Augmentation Program, and improving the District’s water supply

infrastructure; and 5.2. During the diligence period, the District acted to preserve,

protect and enhance its Augmentation Program by obtaining judicial decrees in the

following cases: 5.2.1. Case No. 11CW19, for diligence for the exchange decreed in

Case No. 03CW41, and an absolute decree for that exchange in the amount of 23.50

acre-feet, at a rate of 6.96 cfs; and 5.2.2. Case No. 13CW3006, for diligence for the

exchange decreed in Case No. 05CW13. 5.3. During the diligence period, the District

acted to protect and enhance its Augmentation Program by filing and pursuing decrees

in the following cases: 5.3.1. In Case No. 09CW34, District Court, Water Division No. 3,

the District seeks a change water rights in the Anaconda Ditch, a plan for augmentation

and an exchange. The case was filed in December, 2009. The District has settled with

every party except one pro se opposer. The case is currently scheduled for a five day

trial beginning December 7, 2015; and 4.3.2. In Case No. 14CW3011, District Court,

Water Division No. 3, the District seeks to change transmountain water rights from the

Pine River Weminuche Ditch and a plan for augmentation utilizing those water rights.

The case was filed in May, 2014. 5.4. During the diligence period, the District was a

defendant in a foreclosure action in Case No. 10CV49, District Court, Rio Grande

County, Colorado, in which the plaintiff, in part, sought to foreclose on the Anaconda

Ditch water rights which are the subject of the District’s application in Case No.

09CW34. After two years of preparation for trial and settlement negotiations, the District

negotiated a final settlement with the plaintiff and numerous other defendants of its

interests in the Anaconda Ditch water rights. 5.5. The Anaconda water rights were

included as an asset of River Island Ranch, LLC, the District’s predecessor in interest,

in two bankruptcy proceedings, Case Nos. 13-30558 ABC and 13-30552 ABC, United

States Bankruptcy Court, District of Colorado. The District expended significant funds in

obtaining the dismissal of the Anaconda water rights from the bankruptcy proceedings.

5.6. During the diligence period, the District entered into extensive negotiations

regarding the acquisition of other water rights. 5.7 During the diligence period, the

District held discussions with the Town of Del Norte regarding use of the Town’s water

delivery infrastructure on Pinõs Creek. 5.8. The work performed and actions taken

by the District during the diligence period demonstrate its continuing intent to develop

the conditional appropriative right of exchange originally decreed in Case No. 93CW43.

The District has shown that it can and will implement the conditional appropriative right

of exchange, which will be completed and exercised with diligence within a reasonable

time. 7. Absolute Claim: During the diligence period that District operated its Pinõs

Creek exchange to augment wells which cause out-of-priority depletions to the Rio

Grande. The exchange was operated: 7.1. at the rate of 0.5 cfs; and 7.2. in the amount

of 1.0 acre-foot 6. Names and addresses of owners of land upon which structures are

located in which water that may be exchange pursuant to the decree in Case

No.94CW43 is stored: 6.1. Rio Grande Reservoir: San Luis Valley Irrigation District, 296

Miles Street, P.O. Box 637, Center, Colorado 81125, (719) 754-2254. 6.2. Santa Maria

Reservoir: Santa Maria Reservoir Company, P.O. Box 288, Monte Vista, Colorado

81144, (719) 852-3556. 6.3. Continental Reservoir: United States of America, c/o Rio

Grande National Forest, Divide Ranger District, P.O. Box 270, Creede, Colorado 81130,

(719) 658-2556 (The owner of Continental Reservoir is the Santa Maria Reservoir

Company). 7. Date of Filing of the Application: This application for finding of

reasonable diligence and to make absolute has been filed on or before July 31, 2015, in

accordance with the Judgment and Decree entered on June 4, 2009, in Case No.

07CW47. Requested Relief: WHEREFORE, the San Luis Valley Water Conservancy

District respectfully requests entry of a decree: (1) confirming that work on one feature

of the District’s single, unified and integrated Augmentation Program shall continue

to be considered in finding reasonable diligences in the development of all features of

its Augmentation Program, including this exchange originally decreed in Case No.

93CW43; (2) determining that the District has operated the exchange originally decreed

in Case No. 93CW43, at a rate of 0.5 cfs, and in the amount of 1.0 acre-feet, and that

this rate and amount be decreed absolute; and (3) determining that the District has

demonstrated reasonable diligence in the development of the remainder of the

exchange originally decreed in Case No. 93CW43, continuing the conditional water right

in good standing at a rate of 3.5 cfs [4.0 cfs – 0.5 cfs absolute] and in the amount of 16

acre-feet [17 acre-feet –1.0 acre-foot absolute], and setting a date by which the District

must file a subsequent finding of reasonable diligence. (6 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 September, 2015, 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.

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 12th day of August, 2015.

______________________________________

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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