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 August 2016.

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

2015CW12 S&T FARMS, LLC, PO BOX 1228, CENTER, CO 81125, 719-850-3082, shane@t-, AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS IN SAGUACHE COUNTY, COLORADO. 2. A. Name of Structure: Espinosa Ditch WDID – 2700514; B. Date of Original and all relevant Subsequent Decrees: The Espinosa Ditch water right was decreed in the Decree of the District Court, Saguache County, date 23rd day of October, 1911, by Judge Holbrook, in the Matter of a Certain Petition for the Adjudication of the Priority Rights (“Ruling and Decree”) to the Use of Water for Irrigation in Water District No. 27; C. Legal Description of Structure: The Espinosa Ditch takes its water from the Carnero Creek through the Espinosa Ditch from a headgate located at a point on the right bank of Carnero Creek, whence the corner of Sections 18, 19, 30, and 24 in Township 42 North, Range 5 and 6 East, NMPM bears south 52 degrees 12’ East 2,865.5 feet. Preferred Legal Description (PLSS): Espinosa Ditch head gate location: Alternative Description (UTM): From: Application Engineer Northing 4193790.1 Easting 379096.8 Zone 13; D. Decreed Source of Water: Carnero Creek; E. Priority: 56 and 71; F. Appropriation Date: April 15, 1882 and Total Amount Decreed: 1.00 CFS Decreed to Priority 56 Appropriation Date: December 28, 1909, Total Amount Decreed: 1.00 CFS Decreed to Priority 71; G. Decreed Use or Uses: Irrigation; H. Amount of Water that Applicant Intends to Change: 2.00 CFS. 3. A. Name of Structure: Torres Ditch WDID – 2700549; B. Date of Original and all relevant Subsequent Decrees: The Torres Ditch water right was originally decreed in the Decree of the District Court, Saguache County, dated 23rd day of October, 1911, by Judge Holbrook, in the Matter of a Certain Petition for the Adjudication of the Priority Rights (“Ruling and Decree”) to the Use of Water for Irrigation in Water District No. 27; C. Legal Description of Structure: The Torres Ditch takes its water from the Carnero Creek through the Torres Ditch from a headgate located at a point on the left bank of Carnero Creek, whence the corner of Sections 18, 19, 13, and 24 in Township 42 North, Range 5 and 6 East, NMPM bears south 45 degrees 48’ East 1392.5 feet. (Actual present location of said ditch is approximately 1,250 feet downstream from decreed location). Preferred Legal Description (PLSS): Torres Ditch head gate location: Alternative Description (UTM): From: Applicant Engineer Northing 4193582.6 Easting 37950.8 Zone 13; D. Decreed Source of Water: Carnero Creek; E. Priority: 56-A, Priority: 72; F. Appropriation Date: April 15th, 1882, Total Amount Decreed: 1.00 CFS Decreed to Priority 56A Appropriation Date: December 29th, 1909 Total Amount Decreed: 1.00 CFS Decreed to Priority 72; G. Amount of Water that Applicant Intends to Change: 2.00 CFS; H. Decreed Use or Uses: Irrigation. 4. A. Name of Structure: The Wilson Ditch – WDID 2700554; B. Date of Original and all relevant Subsequent Decrees: That the name of the claimant of said ditch is Harry Green, and his post office address in La Garita, Saguache County, Colorado. That said ditch takes its supply of water from Carnero Creek. It is used for the irrigation of lands. The headgate of said ditch is located at a point on the right bank of Carnero Creek at a point ¼ corner on east boundary Section 28, Twp. 42 North, Range 6 East N.M.P.M., bears South 75” 5’ East 7882.8 feet. That said ditch is entitled to Priority No. 65 of date March 31, 1899. June 1879. District Court, County of Saguache, Colorado. CW Baldwin, Referee, February, 1882 term, dated March 23, 1882; C. Legal Description of Structure: Specific decreed location is not spelled out in the original decree. Applicant estimates the diversion structure to lie in the SW ¼ NE ¼ of Sec. 29, Township 42 North, Range 6 East, NMPM. Preferred Legal Description (PLSS): Wilson Ditch head gate location: Alternative Description (UTM): From DWR Website Northing 4191385 Easting 382320 Zone 13; D. Decreed Source of Water: Carnero Creek; E. Priority: 65; F. Appropriation Date: March 31, 1899 Total Amount Decreed: 3.64 CFS Decreed to Priority No. 65; G. Amount of Water that Applicant Intends to Change: N/A – Not removing water right from this headgate. Adding above water right from Espinosa Ditch; H. Decreed Use or Uses: Irrigation. 5. I. Name of Structure: The Susanna Ditch – WDID 2700548; J. Date of Original and all relevant Subsequent Decrees: That the name of the claimant of said ditch is Harry Green, and his post office address in La Garita, Saguache County, Colorado. That said ditch takes its supply of water from Carnero Creek. It is used for the irrigation of lands. The headgate of said ditch is located at a point on the left bank of Carnero Creek at a point ¼ corner on east boundary Section 28, Twp. 42 North, Range 6 East N.M.P.M., bears South 74” 36’ East 7888.4 feet. That said ditch is entitled to Priority No. 65-A of date May 31, 1899. June 1879 District Court, County of Saguache, Colorado. CW Baldwin, Referee, February, 1882 term, dated March 23, 1882. K. Legal Description of Structure: Specific decreed location is not spelled out in the original decree. Applicant estimates the diversion structure to lie in the SE ¼ NW ¼ of Sec. 29, Township 42 North, Range 6 East, NMPM. Preferred Legal Description (PLSS): Susanna Ditch head gate location: Alternative Description (UTM): From DWR Website Northing 4191480 Easting 381880 Zone 13; L. Decreed Source of Water: Carnero Creek; M. Priority: 65-A; N. Appropriation Date: May 31, 1899. Total Amount Decreed: 1.00 CFS Decreed to Priority; O. Amount of Water that Application Intends to Change: N/A – Not removing water right from this headgate. Adding above water right from Torres Ditch; P. Decreed Use or Uses: Irrigation. 6. Detailed description of Proposed Change: The original application pondered moving the points of diversion of the Espinosa Ditch and Torres Ditch to the Cascias Ditch. During the applicant process, a Statement of Opposition was filed by the BLM, because they claimed lands under the Cascias Ditch coverage area. After continued concern that the BLM does not allow for irrigation on their lands, applicants have decided it is in the best interests of all concerned to simply move the proposed change locations downstream to the next two diversions which have coverage areas on their own deeded lands. This amended application endeavors to change the legal points of diversion of the Espinosa Ditch and Torres Ditch from their present location to a point downstream approximately 2 miles and 1.75 miles respectively, to the downstream point of diversion known as the Wilson Ditch and Susanna Ditch. In the case of the Espinosa Ditch, it now lies on lands formerly part of the Applicant’s L-Cross Ranch. In the mid-1990s, then ranch owners Robert and Patricia Spearman, subdivided off about a one mile stretch of their upper Carnero Creek property where the Espinosa Ditch diversion is located. The ditch now runs through three properties to get to its historically irrigated lands. To manage the ditch takes maintenance across other property owners. The other property owners have covered up sections of the ditch to build residential structures and roads. The water right is better served by being moved downstream to the Wilson diversion in order to better irrigate lands under that ditch. In the case of the Torres Ditch, it does divert from lands belonging to the applicant, but it must also pass through a 10+or- acre parcel, owned by another property owner, in order to irrigate lands under its decree. The Applicant simply wants to move both rights to the Wilson Ditch and Susanna Ditch, respectively, in order to more effectively irrigate lands under those decree, when each right is in priority. There are no intervening diversions between the Espinosa / Torres Ditches decrees except the Cascias Ditch, which belongs to the applicants. Historically irrigated lands under the Espinosa and Torres decrees would be left unirrigated. Exhibit A shows the present location of the ditches and the adjacent lands and approximate boundaries. Please refer to Exhibit A, B & C for historically irrigated lands under the four subject ditches. Those estimated acreage are as follows:

|Espinosa Ditch |+or- 17 Acres |

|Torres Ditch |+or- 14 Acres |

|Wilson Ditch |+or- 24 Acres |

|Susanna Ditch |+or- 31 Acres |

With this change the historic irrigated lands under the Espinosa and Torres Ditches will be dried up, headgates will be removed and the first 100’ of ditches will be backfilled. All of the waters from the above three decreed water rights will be diverted from the Wilson Ditch and Susanna Ditch diversions, and will be used to irrigate the +or- 55 acres under those decrees in the respective priorities. Alternative Description (UTM): Northing 4191385 Easting 382320 From DWR Website Zone 13. This application intends to change the legal point of diversion Preferred Legal Description (PLSS): Susanna Ditch Alternative Description (UTM): From DWR Website Northing 4191480 Easting 381880 Zone 13; A. The proposed point of diversion is approximately 12,730 feet downstream from the present point of diversion for the Espinosa Ditch (Espinosa to Wilson) and 10,237 feet downstream from the present point of diversion for the Torres Ditch (Torres to Susanna); B. Applicant is the sole water right holder in the Espinosa Ditch, Torres Ditch, Wilson Ditch and Susanna Ditch; C. There are no intervening points of diversion, other than the Cascias Ditch which also belongs to the applicants; D. With this change, Applicant intents to utilize the water right, more efficiently, to irrigate the decreed lands being 55 +or- acres in the N½ NW¼ of Section 29 and a portion of N1/2 Section 28 Township 42 North, Range 6 East, NMPM; E. See Exhibits A-Z; F. Name and address of the owner 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 will be store: Tameira Hollander, 361 Douglas Fir Drive, Woodland Park, CO 80863; George Batten 4055 Opersteny Rd., Bryan, TX 77808; Mary Dillon 1734 S. Ashcreek Dr., Toquerville, UT 84774; Lucia Adams P.O. Box 5877, Bryan, TX 77805.

(11 pages with attachments)

2015CW13 BEIRIGER FARM, A COLORADO PARTNERSHIP, 10709 NORTH 106, HOOPER, CO 81136, 719-588-9273, AMENDED APPLICATION FOR CHANGE OF WATER RIGHT IN ALAMOSA COUNTY, COLORADO. RELOCATION OF WELL NO. 2, CASE NO. W-588 (08CW08, 13CW03) AND INCREASE OF WELL YIELD BY TRANSFER OF WATER RIGHTS FROM WELL NO. 1 AND WELL NO. 2, CASE NO. W-686. 2. A. Name of structure: Well No. 2, Case No. W-588, Permit No. 12779-F, WDID 20093242, (Transfer To Well) – will be re-designated as Well No. 2-R; B. Date of original and all relevant subsequent decrees: February 20, 1975 Case No: W-588, Court: District Court, Water Division No. 3; C. Legal description of decreed structure: SW¼ NE¼ Section 12, Township 40 North, Range 9 East, NMPM at a point 2590 feet from the North section line and 2490 feet from the East section line in Alamosa County, Colorado. As modified by Case No. 2008CW08, this well was re-drilled under permit no. RF-437 and is currently located by GPS at UTM NAD83 Zone 13S: 417424 mE, 4176018 mN which equates to approximately 2530 feet from the North section line and 2595 feet from the East section line; D. Decreed source of water corrected by Case No. 2008CW08: Unconfined Aquifer (the existing well is 110 feet deep); E. Appropriation Date: December 31, 1955; F. Total amount decreed to structure: 225 gpm = 0.50 cfs; G. Decreed use or uses as modified by Case No. 2008SW08: Irrigation of not more than 61.5 acres in the S½ NE¼ Section 12, T40N, R9E, NMPM; H. Amount of water applicant intends to change: Increase the allowable pumping rate and volume above the current decreed limitation of 225 gpm and 64.7 acre-feet per year on average by transferring water rights in from two nearby irrigation wells. 3. I. Name of structure: Well No. 1, Case No. W-686, Permit No. 147-R-R, WDID 2009477, (Transfer From Well 1); J. Date of original and all relevant subsequent decrees: April 17, 1975 Case No.: W-686 Court: District Court, Water Division No. 3; K. Legal description of decreed structure: SW¼ NW¼ Section 4, Township 40 North, Range 10 East, NMPM at a point 2440 feet from the North section line and 60 feet from the West section line in Alamosa County, Colorado. An alternate point of diversion to this well was decreed as Well No. 1-A, Case No. 93CW37; L. Decreed source of water as corrected with Case No. W-686: Unconfined Aquifer (the existing well is 90 feet deep); M. Appropriation Date: December 31, 1944; N. Total amount decreed to structure: 1400 gpm = 3.12 cfs; O. Decreed use: Irrigation; P. Amount of water that applicant intends to change: 200 gpm; being 0.446 cfs. 4. Q. Name of structure: Well No. 2, Case No. W-686, Permit No. 148-R, WDID 2009478 (Transfer From Well 2); R. Date of original and all relevant subsequent decrees: April 17, 1975 Case No: W-686 Court: District Court, Water Division No. 3; S. Legal description of decreed structure: SW¼ SW¼ Section 4, Township 40 North, Range 10 East, NMPM at a point 400 feet from the South section line and 50 feet from the West section line in Alamosa County, Colorado. An alternate point of diversion to this well was decreed as Well No. 2-A, Case No. 93CW38; T. Decreed source of water as corrected with Case No. W-686: Unconfined Aquifer (the existing well is 133 feet deep); U. Appropriation Date: December 31, 1956; V. Total amount decreed to structure: 1900 gpm = 4.23 cfs; W. Decreed use: Irrigation; X. Amount of water that applicant intends to change: 200 gpm, being 0.446 cfs. 5. A. Detailed description of proposed change: This amended filing seeks approval for two actions: 1. Change the location of Well No. 2 (Transfer To Well) to a point approximately 1840 feet from the North section line and 2020 feet from the East section line at GPS location in NAD83, Zone 13S with UTM coordination: 417607 mE and 4176229 mN. The well remains in the SW¼ NE¼ Section 12, T40N, R9E, NMPM. 2. Increase the yield of this replacement well by transferring 200 gpm (0.446 cfs) each from Well No. 1, Case No. W-686, Registration No. 147-R-R, WDID 2009477 (Transfer From Well 1) and Well No. 2, Case No. W-686, Registration No. 148-R, WDID 2009478 (Transfer From Well 2) to the replacement well (transfer To Well). As previously decreed, the combined yield of Well No. 1, Case No. W-686 and its alternate point of diversion well (Well No. 1-A, Case No. 93CW37, Permit No. 41672-F, WDID 2013684 shall not exceed 1400 gpm and 465.0 acre-feet per year. And, as previously decreed, the combined yield of Well No. 2, Case No. W-686 and its alternate point of diversion well (Well No. 2-A, Case No. 93CW38, Permit No. 41297-F, WDID 2013685 shall not exceed 1900 gpm and 450.0 acre-feet per year. This application seeks to move 64.4 acre-feet of consumptive use along with 400 gpm from these wells (200 gpm each). This change would correspondingly reduce the allowable pumping rate and volume from Well Nos. 1, 1A, 2, and 2-A. There will be no change to the current limitation on commercial and area of use for Well No. 2 (Transfer To Well) as those limitations were previously set within Case Nos. 08CW08 and 13CW03. The limitations are: ( For irrigation purposes – irrigation of not more than 61.5 acres within the S½ NE¼ Section 12, Township 40 North, Range 9 East, NMPM. The allowable pumping rate and volume will increase as a result of this change of water right. But the Applicant won’t irrigate more acreage.( For composting purposes – the average annual combined use of Well No. 2 and Well No. 3-A, Case No. 84CW63 shall not exceed 12.0 acre-feet and the total diversions from both wells limited to 60.0 acre-feet in any five-year consecutive period. The maximum combined appropriation from Well Nos. 2 and 3-A for composting shall not exceed 24.0 acre-feet. These limitations remain the same as previously decreed. No change to the commercial use of this well. ( The production of each well will be separately metered for irrigation and composting uses. There will be reduction to the current limitations on pumping and area of use for Well Nos. 1, 1-A, 2, and 2-A, previously set forth within Case Nos. W-686, 93CW37, and 93CW38. These new proposed limitations are: ( Well No. 1: 1200 gpm (2.67 cfs) reduced 1400 gpm. ( Well No. 2: 1700 gpm (3.79 cfs) reduced from 1900 gpm. ( Well No. 1 and Well No. 1-A for irrigation purposes – irrigation of not more than 122.0 acres within the NW¼ Section 4, Township 40 North, Range 10 East, NMPM. ( Well No. 2 and Well No. 2-A for irrigation purposes – irrigation of not more than 120.0 acres within the SW¼ Section 4, Township 40 North, Range 10 East, NMPM. B. If applicant is correcting the location of a well in an existing decree where the actual location of the well is more than 200 feet from the decreed location, or drilling a replacement well more than 200 feet from the decreed location, provide legal description of decreed location. The proposed location of the replacement well is approximately 1840 feet from the North section line and 2020 feet from the East section line at GPS location in NAD83, Zone 13S with UTM coordinates: 417607 mE and 4176229 mN. The well remains in the NE¼ Section 12, T40N, R9E, NMPM. C. If a change in point of diversion, provide a legal descriptions of decreed location and actual or new location of structure. Yes, see above. 6. The applicant is the legal owner of the property upon which the water will be placed to beneficial use.

(5 pages with attachments)

This case was originally filed on September 30, 2015 and is being published at this time to ensure that adequate notice is given to the public.

Case No. 2015 CW3026 . Application for change of underground water right in Costilla County. Name, mailing address, email address and telephone number of applicants: Melby Ranch Properties, LLC; PO Box 4159, Ventura, CA 93007; elmelby@ (800) 858-8565 (attys Erich Schwiesow, Lester, Sigmond, Rooney & Schwiesow, P.O. Box 1270, Alamosa, Colorado 81101, (719) 589-6626). Decreed water rights for which change is sought: Well No. 1, Case No. W-712. Legal description of point of diversion, source, amount, and use:. SE¼NE¼, Section 15, Township 1 North, Range 72 West, 6th PM, at a point 1900 feet from the North Section line and 400 feet from the East Section line, in Costilla County, Colorado. Source of water: unconfined aquifer. Appropriation Date: November 1, 1967. Total amount decreed: 92 gpm. Decreed use or uses: Domestic, stockwater, commercial and municipal. Detailed description of proposed change: Applicant seeks to decree a partial replacement well for 25 gpm of this well for diversion at an existing, undecreed and unpermitted well that has been in place since at least the 1970’s (the “Lodge Well”). The Current undecreed well is used both as a source of supply for Applicant’s commercial sales office, as well as a source of supply for residents on Wild Horse Mesa who fill water tanks at it. The well will continue to be used for these purposes, as well as serving as a partial replacement for Well No. 1, Case No. W-712 for domestic, stockwater, commercial, and municipal purposes on Wild Horse Mesa, including as a water supply for the central water system supplying the Little Norway subdivisions. The location of the partial replacement well is at the existing Melby Ranch Lodge, and is described as Zone 13 UTM coordinates Northing 4105807.7 Easting 462373.3. Name(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: Applicant is the owner of all such land.

Application contains 6 pages, including attachment.

2016CW3009, Town of Crestone (“Crestone”), Att: Town Clerk, P.O. Box 64, Crestone, CO 8113; 719-256-4313. Direct pleadings to: Peter D. Nichols, Katherine A.D. Ryan, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302. Application for Finding of Reasonable Diligence. 2. Description of Conditional Water Rights. A. Name of Structure: Well No. 2-R. a. Type: Well. b. Date of Original Decree: July 27, 1978, Case No. W-2399, District Court in and for Water Division 3. Modified by Case No. 06CW08, decreed on December 14, 2006. c. Subsequent decrees awarding findings of diligence: Case Nos. 89CW26, October 5, 1989; 95CW32, June 18, 1996; 02CW22, September 23, 2003; and 09CW28, August 7, 2010 (all in Water Division 3). d. Legal description of point of diversion: SW1/4 NW1/4, Section 7, Township 43 North, Range 12 East, NMPM, a distance of 2450 feet from the North Section Line and 900 feet from the West Section Line, Saguache County, Colorado. GPS location is UTM NAD 83, Zone 13S: 438610 mE, 4205581 mN. See map attached as Exhibit 1. e. Source of water: Alluvial aquifer tributary to North Crestone Creek. f. Appropriation date and amount: December 31, 1900 for 225 gpm (0.50 cfs), absolute, for fire protection. December 15, 1976 for 170 gpm (0.50 cfs), conditional, for domestic and municipal purposes. Annual diversions from Well No. 2-R are limited to 274 acre-feet per year pursuant to the decree entered in Case No. 06CW08. Of the 170 gpm decreed to Well No. 2-R for domestic and municipal purposes, 20 gpm was made absolute in Case No. 09CW28, and 150 gpm remains conditional. g. Use: Fire protection, domestic and municipal use. h. Depth: 185 feet. i. Remarks: Well No. 2-R was originally drilled under Permit No. 58135-F and is currently permitted under Permit No. 62140-F. Case No. 06CW8 decreed Well No. 2-R as a replacement well for Well No. 2. The water right for Well No. 2 was decreed in Case No. W-2399 on July 27, 1978, for 225 gpm absolute for fire protection, with an appropriation date of December 31, 1900, and for 225 gpm conditional for domestic and municipal purposes, with an appropriation date of December 15, 1976. The decree in Case No. 06CW8 reduced the conditional domestic and municipal water right for the replacement well, Well No. 2-R, to 170 gpm and transferred 55 gpm of the conditional domestic and municipal water right to Well No. 2-R-A (see below). The decree in Case No. 06CW8 also limited the annual diversion from Well No. 2-R to 274 acre-feet. Well No. 2-R is connected to a 114,000 gallon storage tank and is a part of Crestone’s central water system. j. Land ownership information: Applicant. B. Name of Structure: Well No. 3. a. Type: Well. b. Date of Original Decree: July 27, 1978, Case No. W-2399, District Court in and for Water Division 3. c. Subsequent decrees awarding findings of diligence: Case Nos. 89CW26, October 5, 1989; 95CW32, June 18, 1996; 02CW22, September 23, 2003; and 09CW28, August 7, 2010 (all in Water Division 3). d. Legal description of point of diversion: NW1/4 SW1/4, Section 7, Township 43 North, Range 12 East, NMPM, a distance of 2600 feet from the South Section Line and 1117 feet from the West Section Line, Saguache County, Colorado. GPS location is UTM NAD 83, Zone 13S: 438671 mE, 4205511 mN. See map attached as Exhibit 1. e. Source of water: Alluvial aquifer tributary to North Crestone Creek. f. Appropriation date and amount: December 31, 1900 for 125 gpm (0.28 cfs), absolute, for fire protection. December 15, 1976 for 125 gpm (0.28 cfs), conditional for domestic and municipal purposes. Of the 125 gpm decreed to Well No. 3 for domestic and municipal purposes, 46 gpm was made absolute in Case No. 02CW22, and 79 gpm remains conditional. g. Use: Fire protection, domestic and municipal. h. Depth: 170 feet. i. Remarks: The existing Well No. 3 was drilled and a pump installed in 1999 under Permit No. 45333-F-R to replace the original well. This well is connected to the Town’s 114,000 gallon storage tank and is a part of the Town of Crestone’s central water system. j. Land ownership information: Applicant. C. Name of Structure: Well No. 2-R-A. a. Type: Well. b. Date of Original Decree: December 14, 2006, Case No. 06CW08, as a change of the water right decreed July 27, 1978, Case No. W-2399, District Court in and for Water Division 3. c. Subsequent decrees awarding findings of diligence: Case No. 09CW28, August 7, 2010, Water Division 3. d. Legal description of point of diversion: NW1/4 SW1/4, Section 7, Township 43 North, Range 12 East, NMPM, a distance of 1830 feet from the South Section Line and 1060 feet from the West Section Line, Saguache County, Colorado. GPS location is UTM NAD 83, Zone 13S: 438629 mE, 4205260 mN. See map attached as Exhibit 1. e. Source of water: Alluvial aquifer tributary to North Crestone Creek. f. Appropriation date and amount: December 15, 1976 for 55 gpm (0.12 cfs), conditional for domestic and municipal purposes. Annual diversions from Well No. 2-R-A are limited to 89 acre-feet per year pursuant to the decree entered in Case No. 06CW08. Of the 55 gpm decreed to Well No. 2-R-A for domestic and municipal purposes, 35 gpm was made absolute in Case No. 09CW28, and 20 gpm remains conditional. g. Use: Domestic and municipal. h. Depth: 222 feet. i. Remarks: Well No. 2-R-A is permitted under Permit No. 65046-F. In Case No. 06CW08, the court decreed the water right for Well No. 2-R-A as a change in the point of diversion for part of the water right originally decreed to Well No. 2 in Case No. W-2399. This well is connected to the Town’s 114,000 gallon storage tank and is a part of the Town of Crestone’s central water system. j. Land ownership information: Applicant. 3. Application for Finding of Reasonable Diligence. During this diligence period, in continuing the development of the domestic and municipal use water rights of Well Nos. 2-R, 3, and 2-R-A, Crestone has continued use and development of the water rights available from these wells, including expenditures for infrastructure maintenance, legal, and consulting work. Crestone’s diligence activities included the following: A. Crestone replaced the meter for Well No. 2-R-A in 2014. B. Crestone replaced the plumbing in the meter pit for Well No. 3 in 2015. C. Crestone retained legal counsel to assist in the legal protection of its water rights including review of the monthly water resumes of applications that the Water Court for Water Division 3 publishes. As a result, Crestone filed a Statement of Opposition in Case No. 13CW3007, Water Division 3, to protect its absolute and conditional water rights. D. Crestone hired legal and engineering consultants to represent it in Case No. 15CW3024, the State Engineer’s promulgation of Rules Governing the Withdrawal of Groundwater in Water Division No. 3 (the Rio Grande Basin) and Establishing Criteria for the Beginning and End of the Irrigation Season in Water Division No. 3 for all Irrigation Water Rights (“Division 3 Groundwater Rules”) to protect its absolute and conditional water rights. E. Crestone hired legal and engineering consultants to begin development of a plan for augmentation to replace groundwater depletions as will be required by the Division 3 Groundwater Rules. WHEREFORE, Applicant seeks entry of a decree confirming that the Applicant has exercised reasonable diligence toward completion of the appropriation for the decreed uses, and continuing the subject conditional water rights in full force and effect for another six-year diligence period. WHEREFORE, Applicant seeks entry of a decree confirming that the Applicant has exercised reasonable diligence toward completion of the appropriation for the decreed uses, and continuing the subject conditional water rights in full force and effect for another six-year diligence period. (8 pgs. including attachment)

Case No. 2016CW3010. Segundo Secundino Diaz & Loretta Margarita Diaz, 0721 Lane 2 North, Alamosa, CO 81101. (Attorney: Gordon J. Bosa, PO Box 58, Alamosa, CO 81101; 719-589-6603). Application For Change of Water Rights in Alamosa County

Part A: N1/2 of Section 16, Township 39 North, Range 9 East, NMPM

Name of structure: Well No. 2, Case No. W-928, Registration No. 4084-F, WDID#2009933.

Date decreed: 1/4/1974 to Lucile M. Miller. Legal description of well: SW1/4 NW1/4, S16, T39N, R9E, NMPM, in Alamosa Cty., CO. Decreed amount: 1150 gpm, being 2.56 cfs. Source: Unconfined aquifer. The depth of the well is 62 ft. with 16" casing with plain casing from 0' to 12' and perforated casing from 12' to 62'. Appropriation Date: 5/21/1963. Historic use: Irrigation of the N1/2 of Section 16 and the SW1/4 of Section 16, all in T39N, R9E, NMPM.

Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount; (e) source, and; (f) appropriation date requested; and (g) other. /// Application to drill replacement of Well No. 2, Case No.W-928, Registration No. 4084-F. Details about the proposed replaced well are stated below. The proposed location of the replacement, Well No. 2-R, will be in the NW corner of the NE1/4 of S16, T39N, R9E, NMPM, at a point to be located approx. 120 feet from the North Section Line & 1850 feet from the East Section Line, in Alamosa Cty, CO, which is approximately UTM Zone 13S NAD83, 412580 mE and 4165430 mN. Proposed Use: Irrigation use. The use of ground water from this well in conjunction with well permit no. 15931-F (Well No. 3, Case No. W-928, WDID No. 2009934) is restricted to the irrigation of 160 acres in the NE1/4 of S16, T39N, R9E, NMPM. Proposed amount: 1150 gpm. The combined annual amount of ground water to be appropriated by this well and well no. 15931-F shall not exceed 480 af. Source: Unconfined aquifer. It is proposed to drill the well 80’ or the top of the confining clay series whichever comes first. Appropriation date requested: 5/21/1963, which is the appropriation date decreed for Well No. 2, Case No. W-928.

Part B: NW1/4 and the SW1/4 of Section 16, Township 39 North, Range 9 East, NMPM

Name of structure: Well No. 2, Case No. 79CW26, Registration No. 22827-F, WDID#2008009.

Date decreed: 12/27/1979 to Lucile M. Miller. Legal description of well: Center of NW1/4, S16, T39N, R9E, NMPM, at a point 1320’ from the North Section Line & 1320’ from the West Section Line in Alamosa Cty., CO. Decreed amount: 1000 gpm, being 2.23 cfs. Source: Unconfined aquifer. The depth of the well is 77 ft. with 16" casing with plain casing from 0' to 26' and perforated casing from 26' to 77'. Appropriation Date: 8/11/1977. Historic use: Irrigation of 160 acres in Section 16, T39N, R9E, NMPM. Proposed change: Describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following: location; use; amount; source, appropriation date requested; and any other changes: The location, use, amount, source and appropriation date will remain the same. This application is for confirmation of the historic use of Well No. 2, Case No. 79CW26, Registration No. 22827-F. This application is for confirmation of the legal use of 22827-F to supply a sprinkler that irrigates the majority of the NW1/4 and a small portion of the SW1/4 of S16, T36N, R9E, NMPM, in Alamosa County, CO. In the past the sprinkler span was permitted and irrigated 160 acres. Currently, approximately 150 acres are irrigated which includes an approximate 10 acre tract in the SW1/4 of Section 16. There will be no expansion of use. (Please note that Well No. 1, Case No. W-928, Registration No. 44-R, located in the NW1/4 of S16, T36N, R9E, NMPM, has an adjudicated use, as indicated by the original registration, for a portion of the SW1/4.)

Part C: NW1/4 and SW1/4 of Section 16, Township 39 North, Range 9 East, NMPM

Name of structure: Well No. 1, Case No. W-928, Registration No. 44-R, WDID#2009932.

Date decreed: 1/4/1974 to Lucile M. Miller. Legal description of well: NW1/4 NW1/4, S16, T39N, R9E, NMPM, in Alamosa Cty., CO. Decreed amount: 1260 gpm, being 2.80 cfs. Source: Unconfined aquifer. The depth of the well is 70 ft. with 16" casing with plain casing from 0' to 54' and perforated casing from 54' to 70'. Appropriation Date: 3/31/1954. Historic use: Irrigation of the NW1/4, NE1/4 and SW1/4 of S16 T39N, R9E, NMPM. Proposed change: Describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following: location; use; amount; source, appropriation date requested; and any other changes.

Application to drill replacement of Well No. 1, Case No.W-928, Registration No. 44-R within 200 feet from the parent well as stated above. The use, place of use, amount and appropriation date will stay the same. It is proposed to drill the replacement well to a depth of 80’ or the top of the confining clay series whichever comes first.

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: Segundo Secundino Diaz & Loretta Margarita Diaz, 0721 Lane 2 N., Alamosa, CO 81101.

Note: Copies of Rulings and decrees, well documentation obtained from the Division of Water Resources, and map are attached and made a part of the application and may be viewed in the office of the Water Court.

(41 pages including attachments)

16CW3011 (96CW14, 02CW60, 09CW27) Willow park Ranch Property Owners Association, Inc., P.O. Box 99, South Fork, CO 81154, APPLICATION FOR FINDING OF REASONABLE DILIGENCE Holland & Hart LLP, William H. Caile and Kylie J. Crandall, 555 17th Street, Denver, CO 80202. 303-295-8000. 1. Name, Address and Telephone Number of Applicant: Willow Park Ranch Property Owners Association, Inc., P.O. Box 99, South Fork, CO 81154. Please direct all pleadings and communications to: William H. Caile, Holland & Hart LLP, 555 17th Street, Suite 3200, P.O. Box 8749, Denver, CO 80201-8749, Telephone: (303) 295-8000, 2. Name of Structure: Willow Park Pond. 3. Description of Conditional Water Right (Prior Decree): A. Date of original decree: December 19, 1996 in Case No. 96CW14, Water Div. 3. The most recent finding of reasonable diligence was granted by decree dated August 7, 2010 in Case No. 09CW27. B. Legal description: Willow Park Pond is located on the west side of Willow Creek, a tributary to the Rio Grande in the NW1/4 SE1/4 NE1/4 Section 1, Township 39 North, Range 3 East of the NMPM, Rio Grande County, Colorado. The pond is filled by a ditch which diverts from the west side of Willow Creek with its headgate located on the west bank of Willow Creek in the NW1/4 NE1/4 SE1/4 Section 1, Township 39 North, Range 3 East of the NMPM, which has been further described as a point 2030 feet from the south section line and 730 feet from the east section line, by GPS [UTM NAD 83 Zone 13S, 358245 Easting, 4168627 Northing]. A map showing the location of the Willow Park Pond is on file with the Court. C. Source: Willow Creek, tributary to the Rio Grande River., D. Appropriation date: May 31, 1996. E. Amount: 15 acre-feet, conditional. F. Maximum surface area: 2.3 acres. G. Rate of diversion for filling reservoir: 5.1 c.f.s. H. Use: Central water supply system, including uses for domestic, livestock, commercial, industrial, irrigation for lawn, garden, shrubs and trees, agricultural irrigation, fire protection, and augmentation. The applicant reserves the right to reuse, exchange and use to extinction the water stored for the above listed uses, pursuant to this decree, so long as dominion and control is maintained. With regard to all of the above uses, the water must be used within the boundaries of Willow Park. 4. Remarks: The Willow Park Pond has been constructed and is used for the storage and release of augmentation water, pursuant to the decree dated December 19, 1996 in Case No. 96CW14 (as amended on May 11, 1998). This application concerns the conditional water storage right associated with the pond which has not yet been exercised because it has not, as of this time, been in priority. This conditional water right may be diverted and used in priority pursuant to the conditions associated with the operations of the Rio Grande Compact, as contained in the original decree in Case No. 96CW14. 5. Detailed Statement of Work Done Towards Completion of Appropriation and Application of Water to Beneficial Use: A detailed outline of what has been done toward completion of the appropriation is contained in the application on file with the Court. This list of activities is not intended to be exhaustive, and Applicant reserves the right to introduce additional evidence of reasonable diligence if necessary or appropriate. 6. Name and address of owners of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be located or upon which water is or will be stored: Applicant.

You are further notified that you have until the last day of October, 2016, to file with the Water Clerk, a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions or a protest to the requested correction. A copy of such a statement of opposition or protest must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service must be filed with the Water Clerk. A $158.00 filing fee is required.

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 _15__ day of September, 2016.

______________________________________

Shirley Skinner, Clerk of the Court

Alamosa Combined Courts

Water Court, Water Division 3

702 Fourth Street, Alamosa, CO 81101

SEAL

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