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 January, 2012.

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

Produced Nontributary Ground Water Notification List for Water Division Three

Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division.

Persons on the Produced Nontributary Ground Water Notification List shall be provided notice required pursuant to the Rules by either first-class mail, or, if a person so elects, by electronic mail. The Rules further describe the procedures to be followed by parties upon receiving notice of proceedings held pursuant to the Rules. The Rules are available on the Division of Water Resources website at: water.state.co.us.

If you would like to be included on the Produced Nontributary Ground Water Notification List for any Water Division, please contact the following for the appropriate form: Produced Nontributary Ground Water Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, CO 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, e-mail: NontribGw@state.co.us, or sign up on the Division of Water Resources website under the “News &Notification” tab at: water.state.co.us.

Case No. 2012CW1, RICHARD A. WINTERS AND MICHELLE D. SEARCH, 9585 S. Flower Way, Littleton, Colorado 80127, (303-933-6607) Robert E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Road, Tucson, AZ 85739, (303-995-7870) APPLICATION FOR ADJUDICATION OF NATURAL SPRING, in MINERAL COUNTY.

2. Name of Spring: Winters & Search Spring. 3. Description of Water Rights:

A. Existing Decree(s): None. B. Location of Spring: Located in the NW ¼ of the NW ¼ of Section 14, Township 42 North, Range 1 West of the N.M.P.M. See General Location and Vicinity Map, Exhibit A, and Legal Description, Exhibit B hereto. C. Source: The source is ground water not tributary to any discernible natural stream. The spring surfaces on Applicants’ property and returns underground before leaving the property. D. Depth: N/A. E. Amount: 6 gpm, CONDITIONAL. F. Appropriation Date: November 15, 2010. G. How Appropriation Initiated: Applicant constructed a water conveyance structure from the spring to a cabin on the property so that the spring water could be put to use for the claimed uses. H. Uses: All domestic and household uses, irrigation of lawn and garden, watering non-commercial domestic animals, fire protection purposes, piscatorial, and aesthetic uses, both direct flow and storage in holding tank. Land area irrigated: 0.25 acres. I. Name and Address of Land Owner on Which Point of Diversion and Places of Use are Located: Applicants, Baker No. 35Am, Mining Claim, Patented load claim, 20.59 acres, M/L, as described in Colorado Mineral Survey Number 20901. See Legal Description, Exhibit B hereto. 4. Basis for Claim: Applicants make this claim pursuant to § 37-82-102, C.R.S. WHEREFORE, Applicants request this Court to enter a decree granting the application herein and finding specifically that: A. Applicants are granted to use the Winters & Search Spring for the beneficial uses sought herein at a rate of flow of up to 6 gpm, CONDITIONAL. B. Vested and decreed conditional water rights of others will not be materially affected or injured by entry of a decree as requested herein. FURTHER, Applicants request this Court to grant such other relief that it deems proper. (2 pages.)

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

You are further notified that you have until the last day of March, 2012, to file with the Water Clerk, a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions or a protest to the requested correction. A copy of such a statement of opposition or protest must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service must be filed with the Water Clerk. A $130.00 filing fee is required. PLEASE NOTE: WATER DIVISION 3 HAS MANDATORY E-FILING FOR ALL PARTIES REPRESENTED BY AN ATTORNEY.

You can review the complete applications or requests for correction in the office of the Alamosa Combined Court, 702 Fourth St., Alamosa, CO 81101.

Witness my hand and seal of this Court this 9th day of February, 2012.

______________________________________

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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