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 February, 2011.

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. 2011CW4, Richard Randall and Pamela Randall, d/b/a Raco Land and Cattle Company LLLP, 19295 County Road 55, Moffat, CO 81443 (719) 655-2004 or (303) 730-1177, Application for Surface Water Rights in Saguache County Name of Structure: Campbell Ditch #4, priorities 49, 50, 62 and 68. Campbell Ditch #5, priorities 47, 49, 66 and 68, Campbell Ditch #6, priority 50, Slane Scandrett Ditch, priorities 25, 3.1, Jeep Scandrett, priority 25, Nehls Ditch, priority 55 and Roberts Ditch, priority 32. Legal Description of each point of diversion: Campbell 4 is located in the NW¼ SE¼ of Sec 30, T44N, R9E, NMPM. Campbell 5 is located in the NW¼ SE¼ of Sec 30, T44N, R9E, NMPM. Campbell 6 is located in the NW¼ NW¼ of Sec 30 T44N, R9E, NMPM. Slane Scandrett is located in the SW¼ NW¼ of Sec 15, T44N, R8E, NMPM. Jeep Scandrett is located in the SW¼ NW¼ of Sec 15, T44N, R8E, NMPM. Nehls is located in the SE¼ NW¼ of Sec 19, T44N, R9E, NMPM. Roberts is located in the NW¼ SE¼ of Sec 24, T44N, R8E, NMPM. The GPS location in UTM format with points averaged are: Northing 4210307mN Easting 410161mE Campbell 4 ID #26510; Northing 4210322mN Easting 410182mE Campbell 5 ID #26511; Northing 4211123mN Easting 409395mE Campbell 6 ID; Northing 4313989mN Easting 404190mE Slane & Scandrett ID #26675; Northing 4213768mN Easting 405048mE Jeep & Scandrett ID #26574; Northing 4212337mN Easting 408385mE Nehls ID #2600616; Northing 4211588mN Easting 408440mE Roberts ID #2600654. Source: Saguache Creek. Date of initiation of appropriation (1) Campbell 4, (49) 9-01-1874. (50) 03-01-1875, (62) 08-31-1875, (68) 08-01-1876; Campbell 5, (47) 6-01-1874, (49) 9-01-1874, (66) 05-01-1876 (68) 08-01-1876; Campbell 6, (50) 04-01-1875, Slane & Scandrett (25) 04-01-1872; Jeep & Scandrett (25) 04-01-1872; Nehls (55) 05-01-1875; Roberts (32) 07-01-1872. How appropriation was initiated: NA. Date water applied to beneficial use: same. Amount claimed: Campbell #4 9.05 cfs; Campbell #5, 11.62 cfs; Campbell #6, 6.1 cfs; Slane & Scandrett, 4.4 cfs; Jeep & Scandrett, 2 cfs; Nehls, 6.92 cfs; and Roberts, 2.4 cfs. Use or Proposed Use: Irrigation, meadow icing, livestock watering and winter recharge. Number of acres historically irrigated: 1200 acres. Legal description of acreage: Section 5, T43N, R9E, NMPM in Saguache County, E½ Lot 7, Lot 3, Tract #s 3,6,7,8,25,28,30,32,33,34,36,38,39,40, 57,58,59, and 71 of the Oklahoma Land and Colonization Company. Portions of Sections 17, 19, 20, 29, 30, 31, 32 in T44N, R9E, NMPM and the W½ NW¼ of Section 14, T44N, R8E, NMPM and the E½ NE¼; NW¼ NE¼; NW¼ of Sec 15, T44N, R8E, NMPM. Exhibit A, Complete legal descriptions and maps of irrigated acres are available for inspection in the office of the Clerk of Court for Water Division 3. If non-irrigation, describe purpose fully: Historic diversion of the water rights throughout the calendar year for the beneficial use which includes irrigation, icing of meadows, livestock watering and recharge of aquifer. Applicants are the owners of the land upon which any diversion is located. Remarks: This is an application to confirm historical year-round diversion for beneficial purposes which include irrigation, meadow icing, livestock watering and aquifer recharge. We can confirm and attest that this practice has been exercised on this ranch for many years prior to this application for confirmation of historical practices.

(6 pages including attachments)

Case No. 2011CW5, Lynn T. Sutherland and Virginia Sutherland, 55355 County Rd T, Saguache, CO 81149 (719) 256-4279 or (719) 256-4272, Application to Make Absolute, in Saguache County

Name of Structure: Cordova Ditch #3, Cordova Ditch #4 and Tofoya Ditch. Describe conditional water right: Date of Original Decree: Feb. 1998, Case No. 97CW14, Water Division 3. Subsequent decrees: February, 2004, Case No. 2004CW6-Grant absolute 0.2 cfs in Cordova #3, continue diligence for remaining 0.8 cfs. Grant absolute 0.1 cfs Cordova #4, continue diligence for remaining 1.65 cfs. Grant absolute 0.5 cfs Tafoya Ditch, continue diligence for 1.0 (All for irrigation). Legal description: None included. Source: Jacks Creek. Appropriation Date: 1995 Cordova #3-1.0 cfs, Cordova Ditch #4 1.75 cfs, Tafoya Ditch 1.50 cfs. Use: Irrigation and stock water. Provide a detailed outline of what has been done toward completion: When water has been available these ditches are used to irrigate creek side meadows. These are small headgates and measuring flumes installed in 1997 and ’98. Nearly all were washed out in the July 1999 flood and replaced in 2000. Effort is made to keep ditches open and headgates in place as icewater also causes them to heave. Annual work is done on these ditches. Water run helps maintain riparian areas. If claim to make absolute date water applied to beneficial use: 1916. Amount: same as above. Description of place of use: the areas irrigated are approximately 85 acres of creek side meadows. A map marked as Exhibit A is available for inspection in the office of the Clerk of Court for Water Division 3.

(6 pages including attachments)

Case No. 2011CW6 William A. Hoffner and Karen M. Hoffner, 9071 County Road 45, Center Co 81125 (719) 754-3542 and Marlin Z. Sauder and Alma S. Sauder, 9100 County Road 45, Center, CO 81125 (719) 754-0542, Application for Change of Water Right in Saguache County

Decreed water right for which change is sought: Name of Structure: Pump Well No. 1, Case No. W-230, Registration No. 11598-R. Date of original and subsequent decrees: April 25, 1974, Case No. W-230, District Court Water Division 3. Legal description of structure: SW¼ SW¼ of Section 15, T42N, R7E, NMPM at a point 600’ from the South Section line and 100’ from the West Section line. GPS location is UTM, Zone 13S, NAD 83 at: 394364mE, 4193348 mN. Source: Unconfined Aquifer. Appropriation Date: April 30, 1955. Amount: 1800 gpm= 4.01 cfs. Use: Irrigation. Amount applicant intends to change: 900 gpm as a partial replacement for the total 1800 gpm decreed to the well. This 900 gpm will go to a new well to be constructed on the Sauder property in the SW¼ of Sec 14, T42N, R7E, NMPM. The new well will be located at GPS location 396424 mE, 4193511 mN. Detailed description of proposed change: Applicants co-own Pump Well No. 1, Case No. W-230, Registration No. 11598-R. Applicant Sauder wants to divide the well adjudication 50-50 and move their 900 gpm to a new well to be constructed in the SW¼ of Sec 14, T42N, R7E, NMPM at GPS point 396424 mE, 4193511 mN. Future use and Amount: Sauder – 900 gpm – S½ and the NE¼ of Sec 14, T42N, R7E, NMPM (as registered and historically used). Hoffner – 900 gpm – S½ Section 15, T42N, R7E, NMPM. Applicants Hoffner apply to recognize the legal area of use of their portion of the water right as the S½ of Section 15, T42N, R7E, NMPM by transferring the original registered land within the NE¼ Sec 15 and the NW¼ Sec 13 (320 acres) to the S½ SE¼ of Section 15 (80 acres). If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure: The partial replacement well for Sauder will be located in the SW¼ Sec 14, T42N, R7E, NMPM at a GPS point 396424mE, 4193511 mN. Applicants are the owner of the land upon which any new diversion is located.

(4 pages including attachments)

Case No. 2011CW7, Shawn D. Schulz, 1564 Lane 1 North, Alamosa, CO 81101, Attorney: Eugene L. Farish, P. C., Eugene L. Farish #2557 & Nicolas Sarmiento #42750, P. O. Box 430, Monte Vista, CO 81144, (719) 852-5101. Application for Change of Water Rights in Alamosa County.

2. Decreed name of structure for which change is sought: (indicate whether ditch, well, springs, reservoir, etc.)Well No. 3, Case No. 90CW16, Permit No. 24076-F; Well No. 4, Case No. 90CW16, Permit No. 24701-F; 3. From previous Decree: A. Date Entered: entered originally on October 10, 1990. Amended on April 17, 1991, Case No. 90CW16, Court: Water Division No. 3, Decreed point of diversion (include map): Well No. 3: NE¼ NE¼ Section 26, Township 39 North, Range 9 East, NMPM, at a point 1320 feet from the North section line and 1320 feet from the East section line. Well No. 4: NW¼ NE¼ Section 26, Township 39 North, Range 9 East, NMPM, at a point 1300 feet from the North section line and 1920 feet from the East section line. B. Source for both wells: Unconfined Aquifer of the Closed Basin. C. Decreed Use for both wells: Irrigation, restricted to 129 acres in the NE¼ Section 26, Township 39 North, Range 9 East, NMPM. D. Appropriation Date and Amount: Well No. 3: December 9, 1976 for 500 gallons per minute (1.11 cfs). Well No. 4: March 18, 1980 for 450 gallons per minute (1.00 cfs). E. Amount of water that Applicant intends to change: 100% of historic consumptive use. F. Historic use: (Include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist.) Well Nos. 3 and 4 have been historically used to irrigate up to 129 acres within the NE¼ of Section 26, Township 39 North, Range 9 East, NMPM. The combined maximum diversion and consumptive use of Well Nos. 3 and 4, is 383.34 acre-feet and 287.5 acre-feet respectively. The combined average diversion and consumptive use supplied by Well Nos. 3 and 4, is 193.38 acre-feet and 145.03 acre-feet respectively. This data taken from the historic use analysis by Agro Engineering dated December 2010. 4. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use; (if well, please list pertinent information from well permit) (b) location; (c) use; (d) amount; (e) give proposed plan for operation (if (b) thru (e) applicable, please give full descriptions.) This change of water right requests to transfer the combined historic diversion and consumptive use from Well Nos. 3 and 4, Case No. 90CW16, to the NE¼ and the NW ¼ of Section 35, Township 39 North, Range 9 East, NMPM. These fields have a shortage of well water supply. This change of water right will not result in an expansion of use as the NE¼ of Section 26, T39N, R9E, NMPM will no longer receive well water for irrigation and no additional acreage within the N½ of Section 35 will be irrigated with well water. Applicant intends to drill one new irrigation well on the NE¼ of Section 35 as a replacement of Well No. 3, Case No. 90CW16 and will be limited to the historic volume of 500 gallons per minute, and half of the combined historic diversion and consumptive use of Well Nos. 3 and 4. Applicant also intends to drill one new irrigation well on the NW¼ of Section 35 as a replacement of Well No. 4, Case No. 90CW16 and will be limited to the historic volume of 450 gallons per minute, and half of the combined historic diversion and consumptive use of Well Nos. 3 and 4. The NW ¼ and the NE ¼ of Section 35, Township 39 North, Range 9 East, NMPM, are in the service area of the San Luis Valley Canal. 5. Name(s) and address(es) of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant. Note: Copies of attachments are made a part of the application and may be viewed at the office of the Water Clerk.

(17 pages including attachments)

Case No. 2011CW8, James D. Warner, 48075 County Road N, Center, CO 81125 (719) 754-2239, Application for Finding of Reasonable Diligence in Saguache County

Name of Structure: Crow Drainage and Seepage Ditch. Describe Conditional Water Right: Date of Original Decree: February 26, 1998, Case No. 1996CW41, Water Division 3. Subsequent decrees awarding findings of diligence: Case 2004CW3 decreed January 14, 2005. Legal description: SW¼ NW¼ of Sec 6, T42N, R8E, NMPM at a point 2,330’ from the North section line and 50’ from the West section line. Source: Seepage, waste water and tailwater. Appropriation Date: May 19, 1995. Amount: 10.0 cfs. Use: livestock watering and irrigation. Provide a detailed outline of what has been done toward completion: Cleaned out and removed blockages in the Crow and Harney Ditches. Diverted water for beneficial use whenever available, including 124 acre feet during 2007, 2 acre feet during 2008 and 424 acre feet during 2009. The maximum flow rate did not exceed the absolute decreed flow rate of 9.27 cfs during this diligence period, Description of place of use where water is applied to beneficial use. 800 acres located in the W½ and the SE¼ of Section 32, T43N, R8E and the N½ of Section 5, T42N, R8E, NMPM. Applicant is the owner of the land on which the water will be placed to beneficial use.

(3 pages)

Case No. 2010CW13, Stephen J. and Ann M. Cole-Hatchard, and Vercoles Realty Inc. 315 Route 210, Stony Point, NY 10980 (845) 709-9454 and (845) 786-3753 Supplemental Application for Change of Water Right and Application for Water Storage Right in Alamosa County

These documents were submitted as an amendment and supplement to those previously filed in Case No. 2010CW13. Decreed water right for which change is sought: Name of Structure: Case No. W-2431, Well #1 and Well #2. Date of original decree: October 20, 1977. Date of subsequent decree: February 17, 1981 in Case No. W-3951. Legal description of structures: Well No. 1 is located in the NW¼ SE¼ of Sec 9, T38N, R11E, NMPM at a point 2,300’ from the south section line and 1,920’ from the east section line. Well No. 2 is located in the SW¼ SW¼ of Sec 10, T38N, R11E, NMPM at a point 1,150’ from the south section line and 500’ from the west section line. Source: Confined Aquifer. Appropriation Date and amount: Well No. 1, November 15, 1964 for 1,000 gpm or 4.42 af per day. Well No. 2, December 31, 1925 for 150 gpm or 0.668 af per day. Decreed uses: Well No. 1, Livestock and irrigation of 800 acres located in the E½ of Sec 9, E½ W½ of Sec 9 and W½ of Sec 10, T38N, R11E, NMPM. Well No. 2, livestock and irrigation of 160 acres located in the SW¼ of Sec 10, T38N, R11E, NMPM. Amount of water that applicant intends to change: 1,150 gpm. Detailed description of proposed change: Simultaneously with the supplemental application for a change of use, an application for water storage has been submitted seeking authorization to utilize eight small holding ponds to better control water flow and usage for flood irrigation. It is requested that in addition to the previously decreed uses of irrigation and livestock, authorization be granted allowing the ponds to be used year round for watering of livestock, fish to control algae, weeds and mosquitoes, and for aesthetic purposes. The aforesaid application for water storage includes a plan for augmentation to compensate for evaporation from the ponds. Name of Reservoir: Circle DJ Ranch Pond #1, Pond #2, Pond #3, Pond #4, Pond #5, Pond #6, Pond #7 and Pond #8. Legal Description: All 8 ponds are located in Section 10, T38N, R11E, NMPM. Pond #1 in located in the SW¼ SW¼ at a point 100’ from the south section line and 1,170’ from the west section line. Pond #2 is located in the SE¼ SW¼, at a point 100’ from the south section line and 1,470’ from the west section line. Pond #3 is located in the NW¼ SW¼, at a point 2,340’ from the south section line and 1,170’ from the west section line. Pond #4 is located in the NE¼ SW¼ at a point 2,340’ from the south section line and 1,470’ from the west section line. Pond #5 in located in the SW¼ NW¼ at a point 3,140’ from the south section line and 1,170’ from the west section line. Pond #6 is located in the SE¼ NW¼ at a point 3,140’ from the south section and 1,470’ from the west section line. Pond #7 is located in the NW¼ NW¼ at a point 1,020’ from the north section line and 1,170’ from the west section line. Pond #8 is located in the NE¼ NW¼ at a point 1,020’ from the north section line and 1,470’ from the west section line. The sources for Pond #1 and Pond #2 are Well #2, Case W-2431 and the Costilla Ditch. The sources for Ponds 3,4,5,6,7 and 8 are Well No. 1, Case No. W-2431 and the Costilla Ditch. Name of ditches used to fill all ponds: Costilla Ditch, capacity 2.5cfs. Additional Ditches used to fill Ponds #1 and #2, Circle DJ Ranch internal Ditch #2, capacity .5 cfs. Additional Ditch used to fill Ponds 3, 4, 5, 6, 7 and 8, Circle DJ Ranch internal Ditch #1, capacity 2.5 cfs. Date of appropriation and date water applied to beneficial use: November 15, 1964 for Well #1, Case W-2431 and December 31, 1925 for Well No. 2, Case W-2431. Appropriation for both wells was initiated by drilling of wells and applying water to beneficial use. Amount claimed: Well No. 1, Case No. W-2431, 4.42 af/day and Well No. 2, W-2431, .668 af/day absolute. Use: Irrigation. Number of acres historically irrigated: Well No. 1 800 acres in the E½ of Sec 9, E½ W½ of Section 9 and W½ of Section 10. Well No. 2, 160 acres in the SW¼ of Section 10 and Costilla Ditch, 540 acres (160 acres per share, 3.375 shares). Total number of acres proposed to be irrigated: Well No. 1-720 acres in the E½ of Section 9, E½ W½ of Section 9 and N½ W½ of Section 10. Well No. 2-160 acres in the SW¼ of Section 10 and Costilla Ditch 540 acres-160 acres per share, 3.375 shares. Legal description of specific acreage to be irrigated from each particular pond: All acreages are located in Section 10, T38N, R11E, NMPM. Pond #1-SW¼ SW¼; Pond #2-SE¼ SW¼; Pond #3-NW¼ SW¼; Pond #4-NE¼ SW¼; Pond #5-SW¼ NW¼; Pond #6-SE¼ NW¼; Pond #7-NW¼ NW¼; Pond #8 NE¼ NW¼. Additional Uses Proposed: Livestock watering and year round use of the ponds for fish to control algae, weeds and mosquitoes and for aesthetic purposes. Surface area of high water line: 61,380 sq ft, being 1.41 acres, as follows: Pond #1-9,000 sq ft; Pond #2-4000 sq ft; Pond #3-6,360 sq ft; Pond #4-9,000 sq ft; Pond #5-7,850 sq ft; Pond #6-8,320 sq ft; Pond #7-9,000 sq ft and Pond #8-7,850 sq ft. Vertical height of dam: Pond #1-3’ with water depth of 4’. Pond #2-2’ with water depth of 3’, Ponds # 3,4 & 5-3’ with water depth of 4‘, Pond #6-4’ with water depth of 5’, Ponds #7 & 8-3’ with water depth of 4’. Length of dam in feet: Pond #1-Oval, 50’ X 100’, Pond #2-Oval 50’ X 100’, Pond #3-Round 90’, Pond #4-.Oval 90’ X 125’, Pond #5-Round, 100’, Pond #6-Oval, 80’ X 130’, Pond #7-Oval, 75’ X 150’, and Pond #8-Round, 100’. Total capacity of ponds in acre feet: Pond #1- .826 af with active capacity of .083 af and dead storage of .743; Pond #2-.275 af with active capacity of .028 af and dead storage of .248; Pond #3-.584 af with active capacity of .058 af and dead storage of .526, Pond #4-.826 af with active capacity of .083 af and dead storage of .743, Pond #5-.721 af with active capacity of .072 af and dead storage of .649, Pond #6-.955 af with active capacity of .096 af and dead storage of .860, Pond #7-.826 af with active capacity of .083 af and dead storage of .743, Pond #8-.721 af with active capacity of .072 af and dead storage of .649 with a total capacity of 5.734 af with active capacity of .573 af and dead storage of 5.161. Barry and Patricia Pitarrasi are the owners of the land upon which any diversion or storage structure will be located. Remarks: The area within which the proposed holding ponds are located have been historically flood irrigated from the respective wells feeding the ponds. The primary purpose of the request herein is to allow the use of small holding ponds is to better control and thereby conserve any irrigation water used. Similarly, the warm water flow from the wells during the fall and winter season has been used for livestock, and the ditches and ponds will also better control the use of that water. The application for a change of water use to allow for the proposed ponds to be used year round and to include fish and aesthetic uses is being submitted simultaneously herewith. Augumentation Plan to Compensate for Pond Evaporation: Pursuant to applicable regulations, the applicant here must address the issue of surface evaporation of the proposed ponds. Irrigation to a certain amount of previously irrigated land must be discontinued to compensate for that evaporation. The “Net Pond Evaporation” chart, San Luis Valley WCD-94CW62 determines that at an elevation of 7,500’ above sea level (the elevation of the proposed ponds), the evaporation rate is 3.7 af per year per acre. As noted above the proposed ponds will cover a total area at the high water mark of 1.41 acres. At the required 1.5 af per acre of land irrigation, this equates to an area of 3.5 acres to which irrigation must be discontinued. In the instant matter, the applicant is proposing to discontinue irrigation from various decreed wells to certain parts of the ranch totaling 240 acres. This includes the complete dry-up of 120 acres and the reduction in decreed irrigation rights to an additional 120 acres which may be irrigated from other decreed or surface rights. There are 8 maps and a chart available for inspection in the office of the Clerk of the water court, showing historical and proposed irrigation acreage. If the applicants proposal is approved by the Court, the overall result will be much greater control over the areas farmed using flood irrigation techniques as a result of the ponds, and decreed irrigation acreage will be reduced by 240 acres, with irrigation water being completely removed from 120 of those acres.

(20 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 April, 2011, to file with the Water Clerk, a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions or a protest to the requested correction. A copy of such a statement of opposition or protest must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service must be filed with the Water Clerk. A $158.00 filing fee is required.

PLEASE NOTE: WATER DIVISION 3 HAS MANDATORY E-FILING FOR ALL PARTIES REPRESENTED BY AN ATTORNEY.

You can review the complete applications, amended 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 March, 2011.

______________________________________

Shirley Skinner, Clerk of the Court

Alamosa Combined Courts

Water Court, Water Division 3

702 Fourth Street, Alamosa, CO 81101

SEAL

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