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 April 2016.

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. 2016CW3003, 2 J RANCHES, INC.; CHARLES E. FINNEGAN; VALERIE K. FINNEGAN; COLIN JAMES HENDERSON; KAREN HALEY HENDERSON; DONALD LARSEN; JOSEPH A. MARTINEZ; LEROY O. MARTINEZ; ROSALIE M. MARTINEZ; QUERINA B. MARTINEZ; EDON RUYBAL; DICK M. SMITH; GEORGANN M. SMITH; ARMANDO R. VALDEZ; AND JESSICA Q. VALDEZ. APPLICATION FOR CHANGE OF WATER RIGHTS IN CONEJOS COUNTY. Please direct all correspondence to counsel for Applicants: Law of the Rockies, Marcus J. Lock, Atty. Reg. #: 33048, Kendall K. Burgemeister, Atty. Reg. #41593, 525 North Main Street, Gunnison, CO 81230, 970-641-1903; mlock@; kburgemeister@. Decreed water rights for which a change is sought (the “Subject Water Rights”):

|Name of Structure |L. D. Eskridge |The South Side Arroya Ditch and First |Arroya Springs Ditch |

| |Irrigating Ditch |Enlargement Thereof | |

|Case Number, Court, and Date |Decree of the District Court, Conejos|Priority 98: 1903 Decree |1918 Decree |

|of original and relevant |County, dated May 8, 1903 (“1903 |Priority 109: Decree of the District | |

|subsequent decrees |Decree”) |Court, Conejos County, dated February 7, | |

| | |1918 (“1918 Decree”) | |

|Legal Description per latest |SE1/4 of Section 29, Township 35N, |SW1/4 Section 29, at a point whence the |At a point whence the north quarter |

|decree |Range 9E, NMPM.* |NW corner of the SW1/4 of said section |corner of Section 29, bears N 43° 42’ |

| | |bears N 78°42’W, 1638 ft. |E, 7393 feet. |

|Legal Description per DWR |NESW of Section 29. |NWSW Section 29. |NWNE, Section 31. |

|Decreed Source |Arroya Creek, a tributary of La Jara |Arroya Creek, a tributary of La Jara |La Jara Arroya Springs |

| |Creek |Creek | |

|Appropriation Date |May 25, 1889 |Priority 98: May 25, 1889 |Priority 108: Feb. 11, 1902 |

| | |Priority 109: Feb. 12, 1902 |Priority 115: October 2, 1911 |

|Total Amount Decreed |6.5 cfs |Priority 98: 7.5 cfs |Priority 108: 7 cfs |

| | |Priority 109: 36 cfs |Priority 115: 12.5 cfs |

|Decreed Use |Irrigation of 520 acre |Priority 98: Irrigation of 600 acres |Irrigation of 1205 acres |

| | |Priority 109: Irrigation of 2929 acres | |

|Amount Applicants intend to |3.68 cfs |Priority 98: 4.35 cfs |Priority 108: 5.28 cfs |

|change** | |Priority 109: 5.32 cfs |Priority 115: 0 cfs |

*Unless otherwise noted, all Sections referenced in this Application are in Township 35 North, Range 9 East, NMPM. **The portions of the Subject Water Rights that Applicants intend to change shall be referred to herein as the “Changed Rights.”

The Changed Rights are owned by the Applicants in the following quantities:

|Client |LD Eskridge |Southside Arroya (Priority |Arroya Springs Ditch|Southside Arroya (Priority|

| | |98) | |109) |

|2J Ranches; |2.383 |1.745 | |1.2518 |

|Charles & Valerie Finnegan | | | | |

|Colin & Karen Henderson |1.3 |1.5 |0.215 | |

|Donald Larsen | | |0.269 | |

|Joseph Martinez | | |1.885 | |

|Leroy & Rosalie Martinez | | |0.97 | |

|Querina Martinez | | |0.538 | |

|Dick & Georgann Smith | | |0.323 | |

|Edon Ruybal | | |1.077 | |

|Armando & Jessica Valdez | |1.1 | |4.0674 |

|Total |3.68 |4.35 |5.28 |5.32 |

Complete statement of Change. Approximate location of historical use of the Changed Rights: Lands owned by Applicants in portions of Sections 21, 22, 25-29, Township 35 North, Range 9 East, NMPM. Approximate location of proposed place of use: Land owned by Applicants in portions of Sections 21, 22, 25-29, Township 35 North, Range 9 East, NMPM., as described in more detail, below. Application for change of place of use. Applicants believe that the proposed place of use is consistent with the historical place of use. However, to the extent any discrepancy is found between the historical and proposed places of use, Applicants seek a change in place of use of the Changed Rights. Application for change from a single point of diversion to alternate points of diversion and change in means of diversion. Applicants seek to change the Changed Rights, which are each currently decreed to a single surface point of diversion, to include alternate groundwater points of diversion. The Alternate Points of Diversion are as follows:

|Permit |Adjudication |Owner |Location |UTMe |UTMn |

|20323R |W0164, Well No. 1 |Colin Henderson |SWNE 28 |412005 |4122790 |

|5053F |W0398, Well No. 1 |Colin & Karen Henderson |NWSE 29 |410502 |4122375 |

| | |Dick & Georgann Smith |"" |"" |"" |

|3628F |W797, Well No. 1 |Querina Martinez |SWSW 25 |416044 |4121883 |

|5339F |W930, Well No. 1 |Joseph Martinez |SWSW 26 |414421 |4121970 |

|5106F |W932, Well No. 1 |Don Larsen |SWNE 26 |415242 |4122746 |

|4457F |W1284, Well No. 1 |Jessica & Armando Valdez |SWNW 22 |412833 |4124150 |

|12680R |W1487, Well No. 1 |Edon Ruybal |SWSW 28 |411168 |4122004 |

|4604F |W1692, Well No. 2 |LeRoy & Rosalie Martinez |SESW 27 |413263 |4121978 |

|3498F |W1692, Well No. 3 |LeRoy & Rosalie Martinez |SWNW 27 |412830 |4122783 |

|5052F |W2244, Well No. 7 |2J Ranches, Inc.; |SWNE 21 |412015 |4124396 |

| | |Charles & Valerie Finnegan | | | |

|Permit |Owner |General Proposed Place of Use |

|20323R |Colin Henderson |SE1/4 Section 21 |

|5053F |Colin & Karen Henderson |NW1/4 Sec. 28 and part of NW1/4 Sec. 29 |

| |Dick & Georgann Smith |NE1/4 and N1/2SE1/4 Section 29 |

|3628F |Querina Martinez |SW1/4 Section 25 |

|5339F |Joseph Martinez |S1/2 and NW1/4 Section 26 |

|5106F |Don Larsen |SE1/4NE1/4 and W1/2 NE1/4 Sec. 26 |

|4457F |Jessica & Armando Valdez |SW1/4 and part of S1/2 NW1/4, Sec. 22 |

|12680R |Edon Ruybal |W1/2SW1/4 Section 28 |

|4604F |LeRoy & Rosalie Martinez |Part of S1/2 Section 27 |

|3498F |LeRoy & Rosalie Martinez |Part of N1/2 Section 27 |

|5052F |2J Ranches, Inc.; |NE1/4 Sec. 21 and NW1/4 Sec. 22 |

| |Charles & Valerie Finnegan | |

In the alternative, the Applicants seek to change the Changes Rights to be used as a source of replacement or augmentation water to replace out-of-priority depletions caused by the use of the Wells. Records or summaries of records of actual diversions of each right the applicant intends to rely on: Applicant intends to rely on the diversion records maintained by the State of Colorado, Division of Water Resources, including records available in the Water Commissioners’ log books located at the Division Engineer’s Office in Alamosa and records available on the Colorado Decision Support System (CDSS) website. In particular, Applicant intends to rely on the diversion records which are summarized in Exhibit B, attached to the Application. No new diversion structure will be constructed. The alternate points of diversion are existing structures. The existing structures are located on lands owned by Applicants.

You are further notified that you have until the last day of June, 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 11th day of May, 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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