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 October, 2010.
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. 10CW27, V Bar Ranch LLC and Alfonso Valdez, 19899 County Road 15.5, La Jara, CO 81140, (719) 274-5201 Application for Underground Water Right in Conejos County
Name of Well: Well No. 1, Case No. W-615. Legal Description: SW ¼ SW ¼, Section 3, T35N, R9E, NMPM, a distance of 655 feet from the South Section line and 50 feet from the West Section Line. Alternative Description: Were points averaged? Yes. Northing 4128608 Easting 412857, Zone 13. Source of Water: Confined Aquifer. Depth of well: Original Well=290 ft.; Replacement=285 ft. Date of appropriation: Enlargement date=April 1, 1966. How appropriation was initiated: Irrigation of the NW ¼, Section 3, T35N, R9E, NMPM. Date water applied to beneficial use: April 1, 1966 for irrigation of the NW ¼ of Section 3. Amount claimed in gallons per minute: 2250 gpm Absolute. If well operates pursuant to a decreed plan for augmentation: Case number of plan for augmentation: N/A. Name of aquifer into which the well is drilled, if known: Confined Aquifer. Amount claimed in acre feet annually: 480 acre feet = 160 acres x 3 acre feet per acre. Proposed use: If irrigation, complete the following: Number of acres historically irrigated: 160 ac in NW ¼ Section 3 in addition to the 200 acres irrigated in the S ½ of Sec 3 with 1946 date. The legal description of the land irrigated: NW ¼, Section 3, T35N, R9E, NMPM. Area of lawns and gardens irrigated. N/A. Remarks: Case No. 07CW45 prevented expansion of use of the 1946 well water right to the NW ¼, Section 3, T35N, R9E, NMPM. However, Applicant seeks to confirm the beneficial use of Well No. 1, Case No. W-615 for irrigation of the NW ¼ Section 3 with an appropriation date of April 1, 1966, a date 6 years before the State Engineer’s moratorium on new appropriations from the confined aquifer. Applicant wants to confirm water right established in 1966. Applicant is the owner of the land.
((Four Pages with Attachment)
Case No. 02CW38 United States of America, Department of the Interior, Bureau of Land Management, Saguache Field Office, 46525 Highway 114, PO Box 67, Saguache, CO 81149 (719) 655-2547, c/o Kristen C. Guerriero, #32663, Office of the Regional Solicitor, 755 Parfet Street, Suite 151, Lakewood, CO 80215 (303) 231-5353, x552, Facsimile: (303) 231-5363, E-Mail: Kristen,guerriero@sol.. Second Amended Application for Change of Water Rights and Plan of Augmentation in Alamosa, Rio Grande, Conejos, Mineral, and Hinsdale Counties.
1. Applicant: United States of America, Department of the Interior, Bureau of Land Management, Saguache Field Office, 46525 Highway 114, P.O. Box 67, Saguache, CO 81149 Phone: 719-655-2547 c/o Kristen C. Guerriero, #32663, Office of the Regional Solicitor, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215, Phone:(303) 231-5353, x552, Facsimile:(303) 231-5363, E- Mail: kristen.guerriero@sol. 2. General Application Description: This application seeks approval of a change of water rights and a decreed augmentation plan to provide a permanent water supply for three categories of wells at the Blanca Wetlands Area, operated by the Bureau of Land Management (“BLM”). The first category of wells includes 21 confined aquifer wells that have operated under an annual substitute water supply plan approved by the State Engineer for every year since 1990. These wells divert water which was appropriated and originally put to beneficial use after August 14, 1979, when the United States was joined by the State of Colorado in Water Division 3 pursuant to the McCarran Amendment, 43 U.S.C. 666. The second category of wells includes all of the BLM’s pre-McCarran Amendment wells decreed in case number 81 CW 177. The purpose for including these decreed wells is to provide an approved augmentation source that will allow continued full operation of the wells in the event that the State Engineer promulgates rules and regulations for Water Division 3 that require replacement of surface water depletions to protect owners of senior surface water rights. Previous versions of this application have contained the first two categories of wells described above. This second amended application adds a third category containing four wells. The third category includes wells and water rights that BLM has acquired from third parties. It has become apparent that even though these wells represent senior priorities for groundwater diversions, these wells will also likely be subject to the proposed rules for Water Division 3 that will require replacement of surface water depletions caused by the wells. This second amended application retains requests in earlier applications for alternate points of diversion for the water right used by BLM for augmentation in the Conejos River watershed. The alternate points of diversion will allow BLM to make full use of this water right when the entire yield is not needed for augmentation purposes. This second amended application deletes claims in prior applications for claims for alternate points of diversion for the wells, and for appropriation rights of substitution and exchange. 3. General Project Description: The Blanca Wetlands Area (“Area” or “Blanca”) is located in the San Luis Valley, about 10 miles northeast of Alamosa, south of the Sand Dunes, and west of the Sangre de Cristo mountain range. Encompassing approximately 9,775 acres of public lands, the Area provides nesting habitat for hundreds of migratory waterfowl and shorebirds, including an endangered species and several sensitive species. Blanca’s playa lakes, ponds, and marshlands provide habitat for a wide variety of plants, amphibians, reptiles, and mammals, and provides recreation opportunities for humans. Wildlife habitat planning for Blanca began during the early 1960s. Since then, restoration and preservation of habitat within the Area has been an ongoing, cooperative effort undertaken by BLM in partnership with the Colorado Division of Wildlife (“CDOW”), the U.S. Fish and Wildlife Service, Ducks Unlimited, and others. The Area is also an official site for mitigation of wetland losses caused by construction and operation of the Bureau of Reclamation’s Closed Basin Project. Since the area’s inception, cooperators have invested several million dollars in creation and improvement of wildlife habitat. The Area is situated on a series of old dry lake beds and consists of a series of ponds and wetland sites, including fresh water marsh and meadows, alkali marsh and meadows, and playa lakes. Water is currently supplied from artesian wells drilled into the confined aquifer, which flows into wetland, pond, and playa areas by operation of a system of dikes built on the dry lake bed. An additional water source is Closed Basin Project mitigation water, which is diverted directly from the Closed Basin Project canal. Water is also supplied via a siphon under the Closed Basin Canal that allows runoff from the Sangre de Cristo Mountains to enter the area. 4. Structures To Be Augmented: The BLM has obtained permits from the State Engineer for all of the wells listed below. This application reflects the current well locations, flow rates, and volumes as authorized by the state engineer on the date of this application.
Post-McCarran Amendment Wells:
4A. Name, permit number and legal description of each well:
| | | | | | | |
|Blanca Well Number and Name |Permit Number |1/4 1/4 |Section |Township and |Distances from |GPS Coord |
|(Post McCarran) | | | |Range |Section Lines[i] |(Zone 13, NAD83) |
| | | | | | | |
|39-Chico 1 |48133-F |NESE |2 |38N11E |2453 FSL |435333 E |
| | | | | |496 FEL |4158145 N |
| | | | | | | |
|40-Honker 14 |48134-F |NWSE |1 |38N11E |1400 FSL |436720 E |
| | | | | |1438 FEL |4157833 N |
| | | | | | | |
|22-Heron 1 |48126-F |NWNE |2 |38N11E |57 FNL |434959 E |
| | | | | |1698 FEL |4158976 N |
| | | | | | | |
|54-Heron |48135-F |NWNE |2 |38N11E |135 FNL |435005 E |
| | | | | |1548 FEL |4158953 N |
| | | | | | | |
|23-Pintail 2 |48127-F |SESE |12 |38N11E |416 FSL |437015 E |
| | | | | |399 FEL |4155928 N |
| | | | | | | |
|16-Honker |48122-F |NENW |7 |38N12E |271 FNL |437706 E |
| | | | | |1818 FWL |4157323 N |
| | | | | | | |
|61-Honker 8 |48136-F |SWSE |1 |38N11E |1068 FSL |436377 E |
| | | | | |2559 FEL |4157730 N |
| | | | | | | |
|12-Honker 3 |48121-F |SWSE |1 |38N11E |1163 FSL |436562 E |
| | | | | |1954 FEL |4157760 N |
| | | | | | | |
|8-Honker 1A |48119-F |SESE |1 |38N11E |864 FSL |436811 E |
| | | | | |1133 FEL |4157670 N |
| | | | | | | |
|62-Honker 12 |48137-F |SESW |1 |38N11E |287 FSL |436197 E |
| | | | | |2319 FWL |4157491 N |
| | | | | | | |
|18-Avocet |48123-F |NESE |7 |38N12E |2442 FSL |438690 E |
| | | | | |277 FEL |4156530 N |
| | | | | | | |
|3-Pintail 1 |48117-F |SWSW |7 |38N12E |1263 FSL |437411 E |
| | | | | |891 FWL |4156183 N |
| | | | | | | |
|28-Axel 3 |48130-F |SWNW |13 |38N11E |1815 FNL |435794 E |
| | | | | |968 FWL |4155256 N |
| | | | | | | |
|6-Axel 6 |48118-F |NWNE |24 |38N11E |134 FNL |436628 E |
| | | | | |1622 FEL |4154155 N |
| | | | | | | |
|29-Mallard 6 |48131-F |SENE |8 |38N12E |1657 FNL |440033 E |
| | | | | |1191 FEL |4156887 N |
| | | | | | | |
|27-Mallard 3 |48129-F |NESE |5 |38N12E |1952 FSL |440179 E |
| | | | | |758 FEL |4157986 N |
| | | | | | | |
|25-Mallard 1 |48128-F |SWNE |5 |38N12E |1788 FNL |439963 E |
| | | | | |1484 FEL |4158459 N |
| | | | | | | |
|20-Snipe |48125-F |SWNE |6 |38N12E |2477 FNL |438176 E |
| | | | | |2074 FEL |4158260 N |
| | | | | | | |
|19-Blanca 1 |48124-F |SENW |6 |38N12E |1852 FNL |437871 E |
| | | | | |2311 FWL |4158452 N |
| | | | | | | |
|38-Honker 13 |48132-F |NWSW |6 |38N12E |2208 FSL |437496 E |
| | | | | |1097 FWL |4158080 N |
| | | | | | | |
|Blanca Well 13R |36177-F |NE NE |6 |38N11E |869 FNL |436968 E |
| | | | | |596 FEL |4157143 N |
i. All distances from section lines are as built locations, as determined by the Division of Water Resources from GPS data provided by BLM.
4B. Diversion amount, appropriation and beneficial use dates, and depth of each well:
| | | | | | |
|Blanca Well Number and|Permit Number |Gallons |Annual Acre |Drill Date |Depth in Feet |
|Name | |Per Minute |Feet | | |
|(Post-McCarran) | | | | | |
| | | | | | |
|39-Chico 1 |48133-F |100 |161 |10/01/85 |660 |
| | | | | | |
|40-Honker 14 |48134-F |38 |60 |07/01/84 |610 |
| | | | | | |
|22-Heron 1 |48126-F |39 |62 |07/01/83 |560 |
| | | | | | |
|54-Heron |48135-F |17 |27 |08/01/80 |580 |
| |48127-F |120 |192 |09/01/84 |600 |
|23-Pintail 2 | | | | | |
| | | | | | |
|16-Honker |48122-F |81 |131 |06/01/85 |604 |
| | | | | | |
|61-Honker 8 |48136-F |10 |16 |08/01/80 |560 |
| | | | | | |
|12-Honker 3 |48121-F |69 |110 |09/01/81 |580 |
| | | | | | |
|8-Honker 1A |48119-F |83 |133 |09/01/81 |580 |
| | | | | | |
|62-Honker 12 |48137-F |18 |29 |11/01/85 |510 |
| | | | | | |
|18-Avocet |48123-F |177 |285 |05/01/81 |580 |
| | | | | | |
|3-Pintail 1 |48117-F |54 |86 |08/01/84 |607 |
| | | | | | |
|28-Axel 3 |48130-F |203 |327 |10/01/84 |640 |
| | | | | | |
|6-Axel 6 |48118-F |185 |297 |10/01/81 |480 |
| | | | | | |
|29-Mallard 6 |48131-F |230 |371 |06/01/81 |580 |
| | | | | | |
|27-Mallard 3 |48129-F |57 |91 |07/01/80 |600 |
| | | | | | |
|25-Mallard 1 |48128-F |183 |295 |09/01/81 |580 |
| | | | | | |
|20-Snipe |48125-F |53 |85 |09/01/80 |600 |
| | | | | | |
|19-Blanca 1 |48124-F |32 |51 |09/01/83 |420 |
| | | | | | |
|38-Honker 13 |48132-F |40 |64 |05/01/83 |617 |
| | | | | | |
|Blanca Well 13R |36177-F |133 |215 |11/06/00 |600 |
Pre-McCarran Amendment Wells Decreed in Case Number 81 CW 177
4C. Name, permit number and legal description of each well:
|Well Name and Number |Permit Number |1/4 1/4 |Sec. |Town- |Distances from |GPS Coordinates- |
|(Pre-McCarran) | | | |ship |Section Lines |NAD 1983 |
| | | | |& Range | | |
| 36R-Blanca Well No. 36R |43798-F |SENE |24 |38N11E |2517 FNL |436970E |
| | | | | |468 FEL |4153425N |
|14R-Blanca Well No. 14R |36178-F-R |SWNW |6 |38N12E |2401 FNL |437271E |
| | | | | |349 FWL |4158288N |
|57R-Blanca Well No. 57 |36194-F-R |NENE |8 |38N12E |85 FNL |440379E |
| | | | | |79 FEL |4157364N |
|32R-Blanca Well No. 32R |36183-F-R |NWSE |8 |38N12E |1521 FSL |439835E |
| | | | | |1809 FEL |4156244N |
|26R-Blanca Well No. 26R |36180-F-R |SWNW |17 |38N12E |2135 FNL |438863E |
| | | | | |361 FWL |4155134N |
|2R-Blanca Well No. 2R |36294-F-R |SENW |13 |38N11E |1396 FNL |436075E |
| | | | | |1885 FWL |4155382N |
|4R-Blanca Well No. 4R |36175-F-R |SESE |13 |38N11E |1028 FSL |436823E |
| | | | | |992 FEL |4154507N |
|59R-Blanca Well No. 59R |36196-F-R |NWSW |12 |38N11E |2162 FSL |435823E |
| | | | | |1062 FWL |4156468N |
|58-PD 4 |36195-F |SESE |13 |38N11E |574 FSL |436791E |
| | | | | |1093 FEL |4154369N |
|13 Honker 4 |36177-F |NENE |12 |38N11E |875 FNL |436966E |
| | | | | |603 FEL |4157141N |
|37R-Honker 2A |36184-F-R |SWNE |1 |38N11E |2336 FNL |436658E |
| | | | | |1663 FEL |4158302N |
|5R-Axel 5 |36176-F-R |NENE |13 |38N11E |909 FNL |436755E |
| | | | | |1240 FEL |4155526N |
|53R-Blanca Well No. 53 |64967-F 36192-FRii |SENE |13 |38N11E |1490 FNL |437046N |
| | | | | |281 FEL |4155347N |
|17-Alkalai |36179-F |NESW |7 |38N12E |2457 FSL |437920E |
| | | | | |2548 FWL |4156542N |
|43R-Axel |65159-F 36296-FRii |NENW |1 |38N11E |579 FNL |436236E |
| | | | | |2487 FWL |4158832N |
|1-Axel 1 |36293-F |SWSE |13 |38N11E |1035 FSL |436390E |
| | | | | |2413 FEL |4154514N |
|31R-Mallard 4 |36182-F-R |NWNW |9 |38N12E |852 FNL |440718E |
| | | | | |1045 FWL |4157128N |
|30R-Mallard 5 |36181-F-R |SENE |8 |38N12E |2152 FNL |440373E |
| | | | | |68 FEL |4156734N |
|55R-Blanca Well No. 55 |64966-F 36193-FRii |SWSW |8 |38N12E |298 FSL |438953E |
| | | | | |622 FWL |4155875N |
|60R-Blanca Well No. 60 |36197-F-R |NWSE |6 |38N12E |2314 FSL |438037E |
| | | | | |2518 FEL |4158109N |
i. All distances from section lines are as built locations, as determined by the Division of Water Resources from GPS data provided by BLM.
ii. The lower number in the box represents the old well permit number that was used before a new well permit number was assigned.
4D. Withdrawal amount, appropriation and beneficial use dates, and depth of each well:
|Well Name and Number |Gallons Per |Annual |Original Approp Date (Drill|Beneficial Use Date |Replace-ment Well |Depth |
|(Pre-McCarran) |Minute |Acre-Feet |Date)* | |Drill Date |(in Feet) |
|36R-Blanca Well No. |123 |199 |10/01/1973 |10/01/1973 |07/08/1994 |545 |
|36Ri | | |(27 gpm/43 AF) |(27 gpm/43 AF) | | |
| | | |07/01/1975 |07/01/1975 | | |
| | | |(35 gpm/57 AF) |(35 gpm/57 AF) | | |
| | | |08/19/1977 |08/19/1977 | | |
| | | |(6 gpm/10 AF) |(6 gpm/10 AF) | | |
| | | |07/01/1979 |07/01/1979 | | |
| | | |(55 gpm/89 AF) |(55 gpm/89 AF) | | |
|14R-Blanca Well No. |56 |90 |09/19/1977 |09/19/1977 |02/20/1999 |580 |
|14R | | | | | | |
|57R-Blanca Well No. 57|10 |16 |12/01/1964 |12/01/1964 |11/04/1998 |640 |
|32R-Blanca Well No. |25 |41 |11/26/1973 |11/26/1973 |12/03/1998 |600 |
|32R | | | | | | |
|26R-Blanca |41 |66 |10/01/1976 |10/01/1976 |12/22/1998 |600 |
|Well No. 26R | | | | | | |
|2R-Blanca Well No. 2R |49 |79 |06/28/1967 |06/28/1967 |03/10/1999 |620 |
|4R-Blanca Well No. 4R |55 |89 |01/26/1973 |01/26/1973 |02/05/1999 |600 |
|59R-Blanca Well No. |10 |17 |01/02/1965 |01/02/1965 |10/24/1997 |583 |
|59R | | | | | | |
|58-PD 4 |6 |9 |01/01/1965 |01/01/1965 |NA |580 |
|13 Honker 4 |133 |215 |09/07/1977 |09/07/1977 |NA |580 |
|37R-Honker 2A |39 |62 |08/01/1977 |08/01/1977 |08/26/2003 |982 |
|5R-Axel 5 |125 |201 |08/01/1977 |08/01/1977 |12/05/2003 |600 |
|53R-Blanca Well No. |56 |90 |05/01/1968 |05/01/1968 |12/05/1994 |600 |
|53ii | | |(30 gpm/48 AF) |(30 gpm/48 AF) | | |
| | | |10/01/1973 |10/01/1973 | | |
| | | |(14 gpm/22 AF) 10/01/1973 |(14 gpm/22 AF) | | |
| | | |(5 gpm/8 AF) |10/01/1973 | | |
| | | |08/01/1979 |(5 gpm/8 AF) | | |
| | | |(7 gpm/12 AF) |08/01/1979 | | |
| | | | |(7 gpm/12 AF) | | |
|17-Alkalai |202 |326 |11/01/1977 |11/01/1977 |NA |540 |
|43R-Axeliii |27 |43 |09/01/1966 |09/01/1966 |09/30/2000 |1200 |
|1-Axel 1 |29 |46 |09/01/1966 |09/01/1966 |NA |600 |
|31R |44 |71 |12/01/1973 |12/01/1973 |04/28/2005 |480 |
|-Mallard 4 | | | | | | |
|30R |136 |220 |03/01/1974 |03/01/1974 |02/25/2005 |395 |
|-Mallard 5 | | | | | | |
|55R-Blanca Well No. |74 |119 |12/28/1964 |12/28/1964 |12/12/1994 |602 |
|55iv | | |(6 gpm/10 AF) |(6 gpm/10 AF) | | |
| | | |05/07/1968 |05/07/1968 | | |
| | | |(30 gpm/48 AF) |(30 gpm/48 AF) | | |
| | | |05/24/1978 |05/24/1978 | | |
| | | |(38 gpm/61 AF) |(38 gpm/61 AF) | | |
|60R-Blanca Well No. 60|6 |9 |01/02/1965 |01/02/1965 |10/13/1997 |600 |
Wells and Water Rights Acquired From Third Parties
4E. Name, permit number and legal description of each well:
|Well Name and Number |Permit |1/4 1/4 |Sec. |Township |Distances from |GPS Coordinates- |
| |No. / Case Number | | |& Range |Section Linesi |NAD 1983 |
|Snook Well 5 |13516-R |NESW |4 |38N12E |2350 FSL |440994E |
| |W-1418 | | | |1700 FWL |4157911N |
| |03CW31 | | | | | |
|Snook Well 2 |13506-R |NWSW |4 |38N12E |2138 FSL |440718E |
| |W-1418 | | | |926 FWL |4158043N |
|Blanca Well 10P |65367-F |SWNE |1 |38N11E |2429 FNL |436612E |
| |03CW08 | | | |1812 FEL |4158273N |
|Blanca Well 43R |65159-F |NENW |1 |38N11E |579 FNL |436236E |
| |02 CW 47 | | | |2487 FWL |4158832N |
4F. Withdrawal amount, appropriation and beneficial use dates, and depth of each well:
|Well Name and Number |Gallons Per |Annual |Original Approp. Date |Beneficial Use Date |Replace-ment Well |Depth |
| |Minute |Acre-Feet | | |Drill Date |(in Feet) |
|Snook Well 5 |95 |155 |07/31/1910 |07/31/1910 |N.A. |500 |
|Snook Well 2 |155 |155 |07/31/1910 |07/31/1910 |N.A. |500 |
|Blanca Well 10P |56 |45 |10/10/1955 |10/10/1955 |N.A. |660 |
|Blanca Well 43R |223 |135 |12/31/1910 |12/31/1910 |09/30/2000 |1200 |
4G .Source: Confined aquifer below the confining clay series 4H. Types of Beneficial Use: Fish and wildlife habitat, recreation, irrigation, domestic and storage (including pond evaporation) in the ponds located within the Blanca Wildlife Habitat Area. The Area is located on a series of old dry lake beds and consists of a series of ponds and wetland sites, including fresh water marsh and meadows, alkali marsh and meadows, and playa lakes. Water from the confined aquifer wells flows into wetland, pond and playa areas by operation of a system of ditches and dikes built on the dry lake beds. 4I. Places of Use: Within the Blanca Wildlife Habitat Area in the following locations:
T38N, R11E, N.M.P.M
Section 1-All
Section 2-NW/4, NE/4, SE/4
Section 12-All
Section 13-NW/4, NE/4, SE/4, N/2 SW/4
Section 24-NE/4
T38N, R12E, N.M.P.M.
Section 4-W/2 (all lands west of Closed Basin Canal)
Section 5-All
Section 6-All
Section 7-All
Section 8-All
Section 9-W/2
Section 17-All
Section 18-N/2
T39N, R12E, N.M.P.M
Section 30-SE/4 SW/4, SW/4 SE/4
Section 31-E/2 W/2, E/2
Section 32-NW/4, SW/4, SE/4
5. Change of Water Rights. The Applicant seeks to change its undivided one-fourth interest (6.89 cfs) in the Lovato Irrigation Ditch, as further described below. 5A. Decreed name of structure: Lovato Irrigation Ditch (also known as Lavato Irrigating Ditch; Lavato Irrigation Ditch; Ditch No. 31) 5B. Information from previous decrees: Original decree. The original decree for the Lovato Irrigation Ditch was entered on October 22, 1883, in the adjudication of the Conejos and San Antonio Rivers (former Water District No. 22) before the District Court in and for Conejos County. The decree assigns to the ditch Priority No. 33 and awards to that priority 27.58 cfs for irrigation and domestic uses, with an appropriation date of June 14, 1867. The point of diversion in the original decree is described as being located on the San Antonio River, in Section 30, T33N R10E, N.M.P.M. The decreed source of water is the San Antonio River. State Engineer permit authorizing alternate point of diversion. On September 4, 1968, pursuant to Section 148-9-27(6)(b), Colorado Revised Statutes 1963, as amended by Senate Bill 40 in 1968, the State Engineer issued a permit authorizing the diversion of an undivided one-fourth interest (6.89 cfs) of the priority decreed to the Lovato Irrigation Ditch at an alternate point of diversion located at the headgate of the Teodora Ditch No. 2. The source of water for the Teodora Ditch No. 2 is the San Antonio River. The State Engineer’s Permit describes the point of diversion for the Teodora Ditch No. 2 as being located in the NW ¼ SW ¼, Section 25, T33N R9E, N.M.P.M. The permit indicates that this is the actual location of the ditch, which is different from the decreed location of the ditch. Stipulation and Court Order in Case No. W-3542. In case No. W-3542, the State Engineer sought to permanently enjoin the use of water diverted at the Teodora Ditch No. 2 headgate under the Lovato Irrigation Ditch priority to irrigate lands located south of the Taos Valley Canal No. 3. The water court granted a permanent injunction upon the State’s motion for summary judgment. The Colorado Supreme Court reversed in Kuiper v. Peter L. DeHerrera, finding that genuine issues of material fact precluded summary judgment. On remand to the water court, the parties entered into a stipulation that was adopted by the water court as the Court’s Judgment and Order dated August 8, 1979 (“Order”). The Order allows diversion of up to 4 cfs under the Lovato Irrigation Ditch priority for irrigation of lands south of the Taos Valley Canal No. 3 5C. Request for Court Confirmation of Historic Diversion Points and Historic Use. Applicant requests that the Court confirm the legal description of the Teodora Ditch No. 2 as described above and confirm the Teodora Ditch No. 2 as an alternate point of diversion for the United State’s one-fourth interest in the Lovato Irrigating Ditch. The Applicant also requests that the Court confirm that historic diversions of the United States’ one-fourth interest in Lovato Irrigation Ditch were used to irrigate lands south of Taos Valley Canal No. 3. Further, the Applicant requests that the Court confirm that these diversions were 100 percent depletive of the San Antonio and Conejos River systems, because return flows from the authorized irrigation practice did not accrue to these stream systems. 5D. Change in the type of use. Applicant seeks to use its share of the Lovato Irrigation Ditch water right for the following uses: irrigation, domestic, augmentation, recreation, fisheries, wildlife, and wildlife habitat uses, including the replacement of evaporation losses associated with those uses. 5E. Change in the manner of diversion. Application seeks to use historic diversion credits attributable to its share of the Lovato Irrigation Ditch water right by either foregoing diversions at the headgate of the Teodora Ditch No. 2, or by diverting water at either ditch and immediately returning the diverted water to the stream. 5F. Alternate points of diversion. The Applicant seeks permission to divert its share of the Lovato Irrigation Ditch rights, when the water right yields diversion credits in excess of the amount needed to implement the well augmentation plan decreed in this case, at the following alternate points of diversion:
Alamo Ditch: The decreed point of diversion is a point on the north bank of the Conejos River in the Southeast ¼ of Section 12, Township 35 North, Range 10 East, N.M.P.M. Spring Ditch: The point of diversion for this presently undecreed ditch is in the NE ¼ SW ¼, Section 7, Township 35 North, Range 11 East, N.M.P.M. Los Ojos Ditch No. 1: The decreed point of diversion is situated on the south side of the Conejos River, in the Southeast ¼ of Section 22, Township 35 North, Range 10 East, N.M.P.M. East Bend Ditch No. 1: The decreed point of diversion is situated on the right bank of the Conejos River, at a point 35 chains, 27 links from the southwest corner of Section 34, Township 35 North, Range 10 East, N.M.P.M. East Bend Ditch No. 2: The decreed point of diversion is situated within the NW ¼. NE ¼, Section 27, Township 35 North, Range 10 East, N.M.P.M. 6. Augmentation plan for wells in the Blanca Wetlands Area. 6A. Structures to be augmented. Those structures identified in Section 4 above. 6B. Description of water use by structures to be augmented. Water is withdrawn from artesian, confined aquifer wells within the Blanca Wetlands Area and is used to irrigate wetlands, marsh, meadow, and playa areas, used to fill various ponds, and to otherwise create and maintain fish and wildlife habitat and to support fish and wildlife within the Blanca Wetlands Area. The maximum amount of withdrawals allowed by the permits for the 21 post-McCarran Amendment confined aquifer wells is 3,045 acre feet annually. The maximum amount of withdrawals allowed by permits for the 20 pre-McCarran Amendment wells is 2,008 acre feet annually. The maximum amount of withdrawals allowed by permits for the four wells acquired from third parties is 490 acre feet annually. 6C. Description of water rights to be used for augmentation purposes. 6C(i) Applicant’s share of the Lovato Irrigation Ditch water right as described in Section 5 above. 6C(ii) Water delivered under a 25-year renewable lease from CDOW to BLM, from water rights owned by the CDOW. Under the terms of the lease, CDOW may provide augmentation water to the BLM from any Rio Grande water right owned by CDOW that is acceptable to the Division Engineer in terms of the reliability, location, and timing for augmentation. Currently, augmentation water is supplied from the following water rights: Name of structures: Tabor Ditch No. 2 and Tabor Ditch No. 2 Extension From original decree: Decreed point of diversion (same for both structures): South bank of a fork of Cebolla Creek at a point whence the Northwest corner of Section 23, Township 43 North, Range 3 West, N.M.P.M. bears North 24 degrees 49.5 minutes West, 13,897.7 feet. Court: District Court in and for Water District No. 62, Water Division 4 Date decree entered: March 30, 1960 Appropriation date: Tabor Ditch No. 2: July 23, 1910 Tabor Ditch No. 2 Enlargement: May 15, 1950 Amount: Tabor Ditch No. 2: 6.2 cfs, absolute Tabor Ditch No. 2 Enlargement: 15.21 cfs, absolute Use: Irrigation Source: Cebolla Creek, tributary of the Gunnison River; the ditch diverts water from Division 4 by means of a transmountain diversion for use in Water Division 3. Change Decree: In Case Number W-3549, dated November 29, 1979, the District Court for Water Division 3 granted CDOW a change in the type of use of the water rights decreed to Tabor Ditch No. 2 and Tabor Ditch No. 2 Enlargement. The changed uses include augmentation. 6D. Description of contractual agreements used to offset depletions on other stream systems. According to the groundwater modeling performed with Rio Grande Decision Support System, operation of the Blanca Wetlands Area wells can cause depletions to streams other than the Conejos River and the Rio Grande. The BLM proposes to sign an augmentation water contract with Subdistrict 1, Rio Grande Water Conservation District, for the purpose offsetting BLM’s depletions on such streams. In general, depletions on these streams are 20 acre feet annually or less. 6E. Surface water depletion rates caused by operation of the wells. Surface water depletions associated with well operations were determined by using the Rio Grande Decision Support System Groundwater Model, version X5A00P12. The model run included the following parameters associated with the Blanca Wetlands Area wells: location, total well depth, casing size, depth of casing perforations, and mean annual diversions from each well. The model was run for the 1970 for 2005 period. To study long-term well depletion impacts, the 1970 to 2005 period was repeated a second time, using 2005 diversion rates from the Blanca Wetland Area wells. 6F. Calculation of depletions associated with well operations. The following table is a preliminary estimate of the depletion rates that will be used to calculate the amount of augmentation water that must be delivered under the proposed plan. Blanca Wildlife Habitat Wells Stream Impact As A Percentage of Pumping
|Stream Reach |Annual |Monthly |
| |Depletion Rate |Depletion Rate |
|Rio Grande – Del Norte to Excelsior |0.70 |0.05 |
|Rio Grande – Excelsior to Chicago |1.54 |0.13 |
|Rio Grande – Chicago to State Line and Norton Drain |1.27 |0.11 |
|Conejos River – San Antonio – McIntyre Spring |0.48 |0.04 |
|La Jara Creek |0.58 |0.05 |
|Trinchera Creek |0.29 |0.02 |
6G. Operation of plan of augmentation. Replacement of depletions caused by the operation of the post-McCarren Amendment wells described in Sections 4A and 4B will start immediately upon entry of decree in this case. Replacement of depletions caused by wells described in Sections 4C through 4F will occur only if the State Engineer duly promulgates Division 3 rules and regulations that require the replacement of all well depletions to surface streams. By requesting approval of this plan of augmentation, the Applicant does not waive the right to contest the validity, basis, and application of any rules promulgated by the State Engineer.
6G(i). Replacement of out-of-priority depletions to the Conejos River. The BLM will dedicate an appropriate volume of water associated with its share of the Lovato Irrigation Ditch water right to make required replacements of out-of-priority depletions. The water will be diverted at the headgate of the Teodora Ditch No. 2, measured, and turned back to the river. BLM will continue to coordinate measurements of the turned-back water at the Teodora Ditch No. 2 headgate with the water commissioner. 6G(ii). Replacement of out-of-priority depletions to the Rio Grande. The BLM will dedicate water provided by CDOW from Tabor Ditch No. 2 and Tabor Ditch No. 2 Extension to make required replacements of out-of-priority depletions to the Rio Grande. Water diverted from the Tabor Ditch No. 2 and Tabor Ditch No. 2 Extension in previous years and placed into storage may be used to replace out-of-priority depletions. The Applicant and CDOW may substitute other water supplies to replace out-of-priority depletions on a temporary or permanent basis. The use of substitute water supplies will be subject to prior approval by the Division Engineer, indicating that the alternative water supply is of sufficient reliability to provide the required timing and volume of water to replace depletions. 6G(iii). Transportation losses for replacement water. The Applicant will provide water to offset transit losses that are associated with moving replacement water from the point of replacement downstream through the Rio Grande and Conejos River systems. The annual transit charge will be determined by the Division Engineer based upon hydrologic conditions. Water supplies used to offset transit losses will be subject to prior approval of the Division Engineer. 7. Names and addresses of owners of land on which points of diversion, places of use, and structures referenced in this application are located: United States of America, Bureau of Land Management, La Jara Field Office, 15571 County Road T5, La Jara, CO 81140. (Blanca Wetlands Area.) United States of America, U.S. Forest Service, Cebolla Ranger District, 216 N. Colorado, Gunnison, CO 81230. (Tabor Ditch and Tabor Ditch Extension point of diversion.) Augustine J. and Margaret DeHerrera Family Trust, P.O. Box 123, Tres Piedras, NM 87577 (Lovato Irrigation Ditch headgate). Alfonso J. Romero, 8752 Road 16, Antonito, CO 81120. (Teodora No. 2 Ditch headgate). Mark Crowther, 355 Fourth St., Sanford, CO 81151 (Los Ojos Ditch No. 1) Edker Wilson, P.O. Box 33, Sanford, CO 81151 (East Bend Ditch No. 2) Jack Reynolds , P.O. Box 204, Sanford, CO 81151 (East Bend Ditch No. 1) Mike Willett, 20785 County Road 28, La Sauses, CO 81151 (Alamo Ditch)
Case No. 10CW29, Gary H. Morgan and Roberta L. Morgan, 7374 South CR 9, Alamosa, CO 81101 Atty. Gordon J. Bosa, PO Box 58, Alamosa, CO 81101 (719) 589-6603 Application for Change of Water Rights in Alamosa County.
Decreed water right for which change is sought: Well No. 2, Case No. W-1682, Registration No. 10547-R. From previous Decree: Date of original decree: 12/18/1975 Case No: W-1682. Court: Water Div. 3. Legal description of structure: SE1/4 NW1/4, S3, T36N, R9E, NMPM, at a point 2350' from the North Section Line & 1370' from the West Section Line, in Alamosa Cnty., CO. Decreed source of water: Confined Aquifer. Depth of well is 594' deep with 16" & 12 3/4" casing. The well has plain casing from 0' to 204' & perforated casing from 204' to 504'. Appropriation Date: 5/21/ 1955. Amount: 2720 gpm. being 6.06 cfs. Decreed use: Irrigation. The Decree for Well No. 2, W-1682, Regis. No. 10547-R, is silent regarding the legal area of use of this well. Regis. No. 10547-R did specify the area as the E1/2 NW1/4 of S3, T36N, R9E, NMPM (80 acres) and the W1/2 SE1/4, S34, T37N, R9E, NMPM (80 acres). This is contrary to the established historical use of Well No. 2. Historically, all the property in the W1/2 and a portion of the E1/2 of the SE1/4 of Section 34 along with the E1/2 NW1/4 of Section 3 was farmed and irrigated by Well No. 2, Case No. W-1682. /// Decreed water right for which change is sought: Well No. 1, Case No. W-1682, Registration No. 10546-R. From previous Decree: Date of original decree: 12/18/1975. Case No: W-1682 Court: Water Div. 3. Legal description of structure: SE1/4 NW1/4, S3, T36N, R9E, NMPM, at a point 2390' from the North Section Line & 1370' from the West Section Line, in Alamosa Cnty., CO. Decreed source of water: Confined Aquifer. Depth of well is 455' deep with 6" casing. The well has plain casing from 0' to 255' & perforated casing from 255' to 455'. Appropriation Date: 1/10/1943. Amount: 640 gpm. being 1.43 cfs. Decreed use: Irrigation. The Decree for Well No. 1, W-1682, Regis. No. 10546-R, is silent regarding the legal area of use of this well. Regis. No. 10546-R did specify the area as the E1/2 NW1/4 of S3, T36N, R9E, NMPM (80 acres) & the W1/2 SE1/4, S34, T37N, R9E, NMPM (80 acres). This is contrary to the established historical use of Well No. 1. Historically, all the property in the W1/2 and a portion of the E1/2 of the SE1/4 of Section 34 along with the E1/2 NW1/4 of Section 3 was farmed and irrigated by Well No. 1, Case No. W-1682. /// Detailed description of proposed change: The applicants are currently farming the E1/2 of the NW1/4, S3, T36N, R9E, NMPM and a portion of the SE1/4, S34, T37N, R9E, NMPM with a mixture of surface water rights (Empire Canal shares) and groundwater rights (Wells Nos. 1 and 2, W-1682). Under Registration Nos. 10546-R and 10547-R, irrigation was limited to the E1/2 NW1/4, S3, T36N, R9E, NMPM, and the W1/2 SE1/4, S34, T37N, R9E, NMPM. However, the center pivot sprinkler in use on the SE1/4 of Section 34 allows a portion of the E1/2 SE1/4 of Section 34 to be irrigated with these wells, an area outside the irrigated area designated on the original well registration documents. On 7/2/2010, the applicants were granted a Substitute Water Supply Plan (SWSP) from the State Engineer for a temporary change of water right to allow the irrigation of 38.6 acres outside the registrations designated areas by the Wells No. 2 and 1 stated above. This application for a change of water right is to request a change of water rights based on the same criteria as the temporary supply plan. The applicants seek a change in the place of use for water appropriated from Well No. 2, Case No. W-1682, Regis. No. 10547-R, & Well No. 1, Case No. W-1682, Regis. No. 10546-R, to allow for continuation of the irrigation of approximately 38.6 acres in the E1/2 SE1/4 of S34, T37N, R9E, NMPM, under the Center pivot sprinkler which does not make a full turn. The applicants would discontinue the well irrigation of the sprinkler corners of the E1/2 NW1/4, S3, T36N, R9E, NMPM and the W1/2 SE1/4, S34, T37N, R9E, NMPM along with a 10-acre "pie" on the south end of the field in the W1/2 SE1/4, S34, T37N, R9E, NMPM, and exchange this "dry-up" acreage for acreage under the center pivot in the E1/2 SE1/4 of S34, T37N, R9E, NMPM. This reduction in irrigated acreage will offset the increased acreage of 38.6 acres under the center pivot within the E1/2 SE1/4, S34, T37N, R9E, NMPM. The historic sources for irrigation on these parcels are four shares of the Empire Canal, Well No. 10546-R (Well No. 1, Case No. W-1682) and Well No. 10547-R (Well No. 2, Case No. W-1682). Currently, alfalfa is planted in the 38.6 acres under center pivot in the E1/2 SE1/4, S34, T37N, R9E, NMPM. On the average, the net crop irrigation requirement for a healthy stand of alfalfa is 24 inches. This would equate to potential crop consumptive use of 77.2 acre-feet (2.0 ft. x 38.6 acres) with a total diversion of 102.9 acre-ft. assuming center pivot application efficiency at 75%. On average, the wells have historically provided 53% of total diversions on the acreage they were adjudicated for with the remaining irrigation requirement coming from the Empire Canal. Using this percentage of total diversion, the depletion from the confined aquifer would be 54.5 acre-feet (102.9 AF x 53%) given an average surface water delivery. The applicants will no longer supply well water to a "dry-up" area comprised of 29.1 acres in the corners of the E1/2 NW1/4, S3, T36N, R9E, NMPM, and the W1/2 SE1/4, S34, T37N, R9E, NMPM and 10 acres in the "pie-shaped area" on the south end of the field in the W1/2 SE1/4, S34, T37N, R9E, NMPM for a total of 39.1 acres. The elimination of well water use on the "dry-up" area will offset the depletion from the confined aquifer for the irrigation of 38.6 acres in the E1/2 SE1/4 of Section 34. By ceasing to irrigate the sprinkler corners along with the 10-acre pie with well water and increasing the irrigated area under the center pivot by the 38.6 acres described above, there is no increase in net depletions from the confined aquifer and no change in return flows; resulting in no injury. The historical average annual depletion from the confined aquifer to irrigate the "dry-up" area has been 55.8 af. The future use of Well Nos. 1 and 2 (Registration nos. 10546-R and 10547-R, Case No. W-1682) will not exceed the amount of groundwater historically applied to the legally permitted area. Additionally, future use of Well Nos. 1 and 2 will be applied to a maximum of 150.3 acres in the E1/2 NW1/4, S3, T36N, R9E, NMPM and the SE1/4 S34, T37N, R9E, NMPM. The applicants will meter their well production in accordance with the "Rules Governing the Measurement of Ground Water Diversions Located in Water Division No. 3, the Rio Grande Basin", Water Court Case No. 05CW12. The Applicants reserve the right to revert back to the terms of the original Registrations and Decrees for Well No. 2, Case No. W-1682, Registration No. 10547-R and Well No. 1, Case No. W-1682, Registration No. 10546-R if the applicants request such. This will be done upon notification of the Division of Water Resources and Petition to set aside the Decree in this case if such is required. Names and address of owners 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: Gary H. Morgan & Roberta L. Morgan, 7374 So. CR 9, Alamosa, CO 81101. /// Note: Copies of Decrees, registration information, title information and a map are attached and made a part of the application and can be viewed in the office of the Water Clerk.
(21pages including attachments)
Case No. 10CW30, Mundorf, LLC and San Luis Hills Farms, Inc., 6473 CR Z, Sanford, CO 81151,Atty. Felix D. Valdez, PO Box 62, La Jara, CO 81140 (719) 274-4369 Application for Change of Water Rights in Costilla County.
Field 9
Name of structure: Permit No. 18646-F, Well No. 22, Case No. W-3272. Legal description of structure: Center of SW1/4, S22, T31S, R74W, 6th PM, at a point 1320' from the South Section Line & 1320' from the West Section Line, in Costilla Cnty., CO. The GPS location of the well is UTM Zone 13S NAD83 442698 mE and 4132160 mN. Permitted amount: 900 gpm. with an average annual amount of ground water to be appropriated of 312.5 af. Source of Water: Unconfined aquifer. The depth of the well is 305' with 16" casing; plain casing from 0' to 251' and perforated casing from 251' to 305'. Appropriation Dates: 5/31/1950, 5/31/1952 & 5/31/1954 - Appropriation date(s) as determined in Augmentation Plan Case No. W-3272. Use: Irrigation. Permit No. 018646-F was approved as an alternate point of diversion for Well Nos. R-14262 (Well No. 3, Case No. W-112), R-14258 (Well No. 1, Case No. W-112) and R-14259 (Well No. 2, Case No. W-112). The approval was contingent on the terms and conditions of the Decree in Case No. W-3272 issued by Water Court, Water Div. 3 for the change in the point of diversion. Proposed change: (a) describe change requested; (b) location; (c) use; (d) amount; and (e) source. (a.) Well Permit No. 18646-FR was issued on 10/1/2009, as a replacement of existing well, Permit No. 18646-F (decreed as Well No. 22, Case No. W-3272). The well is to be used as an alternate point of diversion for Wells 1, 2 and 3 in Case No. W-112. (b.) Permit No. 18646-FR states the location of the proposed well is to be located in the center of the SW1/4, S22, T31S, R74W, 6th PM, at a point 1320' from the South Section Line & 1320' from the West Section Line, in Costilla Cnty., CO. However, the applicants now requests that the location as indicated on the permit be changed to a new location as follows: SW/14 SW1/4, S22, T31S, R74W, 6th PM, at a point 50' from the South Section Line & 50' from the West Section Line, in Costilla Cnty., CO. (c.) Proposed Use: irrigation of 130 acres in the SW1/4, S22, T31S, R74W, 6th PM (Field #9). (d.) Amount: 900 gpm, with the average annual amount of ground water to be appropriated not to exceed 312.5 af. The combined annual volume pumped from this well and all wells decreed in Case No. W-3272 shall not exceed 12,854 af. (e.) Source: Unconfined aquifer. The proposed depth of the replacement well will be 305', which is the total depth of the original well, Permit No. 18646-F. // Names and address of owners 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: Mundorf LLC & San Luis Hills Farm Inc., 6473 County Road Z, Sanford, CO 81151. // Note: Copies of decrees and well documentation are attached and made a part of the application and may be viewed at the office of the Water Clerk.
(25 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 December, 2010, 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 10th day of November, 2010.
______________________________________
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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