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, 2012.

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.: 2012CW3, Bucky D. Claunch, Jr. and Stacy R. Maker, 27232 County Road 10, La Jara, CO 81140, 719-580-8368 and 27881 Hwy 368, La Jara, CO 81140,

stacyclaunch@, 719-580-7716; Application for Change of Water Right, In the Spring Creek (Rio Grande) River or its Tributaries in Conejos County

Name of structure: Well Number W-1485, Permit Number R-1709-RF; Date of original and all relevant subsequent decrees: August 20, 1947, Case No. W-1485 in Water Division 3; Legal Description of structure as described in most recent decree: Location of well NE1/4 of the SE1/4, Section 3, Township 36 North, Range 8 East, NMPM, distance of 2090 feet from the south section line and 1112 feet from the east section line. Decreed source of water: Ground water Appropriation date: March 31, 1954 Total amount decreed to structure: Absolute: 700 gpm, being 1.56 cfs, being 3.12 acre feet of water in a period of 24 hours, from unconfined aquifer Decreed use: Irrigation Detailed description of change: As seen from permit number 1709 RF, well is located to this date, NE1/4 SE1/4, Section 3, Township 36 North, Range 8 East, NMPM, distances of 2090 feet from south section line and 1112 feet from east section line. It’s a replacement well. The original well located a distance of 2100 feet south from the section line and 1112 east from the section line. Applicants would like to move the existing well to a new location Northing 4138542, Easting 404731 in Zone 13 as seen in maps provided Location information in UTM format: Northing 4138542 Easting 404731 Zone 13, Street address: 27881 Hwy. 368, La Jara, CO 81140 Source of UTMs: Hand-Held GPS Name and address of owner of the land on which new diversion or storage structures, or modification thereto, are located: Applicant

(31 pages with Attachments)

Case No.: 2012CW4, Burton J. Eagles and Traci L. Eagles, 9505 North Road 6 East, Center, CO 81125, 719-588-0582; Application for Change of Water Right in Alamosa County

Name of structure: Well No. 4-R, Case No. 81CW62, Permit No. R12174-RF Date of original and all relevant subsequent decrees: September 24, 1981 and amended on December 13, 1985 to correct the source to the unconfined aquifer. Case No. W-81CW62, Water Division 3 Legal description of structure: SW1/4 SW1/4 Section 11, Township 40 North, Range 9 East, NMPM at a point 720 feet from the South section line and 1320 feet from the West section line in Alamosa County Colorado. This well is currently located approximately 600 feet south of the center pivot Decreed source of water: Unconfined aquifer (well is 110 feet deep with plain casing to 30 feet and perforated from 30 feet to 110 feet. Appropriation date: March 10, 1956 Total amount decreed to structure: 600 gpm = 1.34 cfs Decreed use or uses: Irrigation of SW1/4 Section 11, T40N, R9E, NMPM Amount of water that applicant intends to change: 600 gpm Detailed description of proposed change: * This 600 gpm well will be moved to a new location on the same quarter section. Applicant wants to drill a replacement of Well No. 4-R, Case No. 81CW62, Permit No. R12174-RF within the northwest sprinkler corner of the SW1/4 Section 11, T40N, R9E, NMPM. The new well will be located at approximately 2400 feet from the South Section Line and 300 feet from the West Section Line. Use will be only on the SW1/4 Section 11, T40N, R9E, NMPM. * The old well no. 12174-RF will be plugged and abandoned * Applicant also desires the right to drill the replacement well to a depth not to exceed 110 feet (the depth of well no. 12174-RF) or the top of the confining clay series Name and address of owner of the land on which new diversion or storage structures, or modifications thereto, are located: Applicants

(6 pages with Attachments)

Case No. 2012CW05. Shawn A. & Kristie Thomas, PO Box 554, La Jara, CO 81140 (Attorney: Gordon J. Bosa, PO Box 58, Alamosa, CO 81101; 719-589-6603) Application For Change of Water Rights in Conejos County

Decreed water right for which change is sought: Name of structure: Well No. 1, Case No. W-3174, Permit No. RF-1170, a/k/a Permit No. 9540-F. WDID No. 2206375. Date of original & all relevant subsequent decrees: Original Decree - 9/25/1975; Amended Decree - 4/20/1978. Case No: W-3174. Court: Water Div. 3. Legal description: SE1/4 SW1/4, S35, T35N, R9E, NMPM, at a point 36 ft. from the South Section Line & 1345 feet from the West Section Line, in Conejos Cty, CO. The GPS location of the well is UTM Zone 13S NAD83 414773 mE and 4120311 mN. Decreed source of water: Confined aquifer. The depth of the well is 615' with 16" & 12 3/4" casing diameter, and is unperforated to a depth of 272 ft. and perforated from a depth of 272' to a depth of 615'. Decreed appropriation Date: 7/17/1972. Decreed Amount: 3000 gpm, being 6.68 cfs. Historic Use: Irrigation of 480 acres in the NW1/4, the SE1/4, the S1/2 NE1/4 and the E1/2 SW1/4 of Section 35, T35N, R9E, NMPM. Detailed description of proposed change: The applicants are currently farming the SE1/4, the S1/2 NE1/4 and the E1/2 SW1/4 of Section 35, T35N, R9E, NMPM with a mixture of surface water rights (Manassa Land and Irrigation) and a groundwater right (Well No. 1, Case No. W-3174, Permit No. 9540-F). Under Permit No. 9540-F, irrigation was limited to the NW1/4, the SE1/4, the S1/2 NE1/4 and the E1/2 SW1/4 of Section 35, T35N, R9E, NMPM. However, the applicants propose to irrigate the N1/2 of the NE1/4 of Section 35 with this well, an area outside the irrigated area designated on the original well permit documents. This application for a change of water right is to request a change of place of use. The applicants would exchange the well irrigation of 160 acres in the NW1/4, Section 35, T35N, R9E, NMPM, for 80 acres in the N1/2 of the NE1/4 of Section 35, T35N, R9E, NMPM. The reduction of land (160 acres) historically irrigated with the well will more than offset the 80 acres in the N1/2 of the NE1/4 of Section 35, T35N, 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 Permit/Registration and Decree for Well No. 1, Case No. W-3174, Permit No. 9540-F 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: Shawn A. & Kristie Thomas, address stated above.

Remarks: Copies of decrees, well documentation, chain of title and map are attached and made a part of the application and may be viewed in the office of the Water Court

(4 pages including attachments)

Annual Replacement Plan Notification List for Water Division No. 3

Pursuant to Term and Condition No. 7 of the “Findings of Fact, Conclusions of Law, Judgment and Decree in case no. 06CV64 & 07CW52, Water Division No. 3,” the State Engineer will review the proposed Annual Replacement Plan (“ARP”) for Special Improvement District No. 1 of the Rio Grande Water Conservation District (“Subdistrict No. 1”) and consider any letters, comments, or other objections submitted by water users regarding the adequacy of the Subdistrict No. 1 ARP.

The State Engineer has elected to hold a public hearing to receive comments on the Subdistrict No. 1 ARP on April 19, 2012 at 10:00 AM at the Ramada Inn (formerly the Inn of the Rio Grande) in Alamosa, CO. The State Engineer will accept written comments on the Subdistrict No. 1 ARP through April 23, 2012. All comments should be sent to: Katie Radke, Program Manager, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, CO 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, e-mail: Kathryn.radke@state.co.us.

The State Engineer will publish an invitation for persons to be included on the ARP Notification List for the purposes of ensuring that water users receive adequate opportunity to provide comment on ARPs in Water Division No. 3. In order to establish such notification list, the State Engineer will, in January of each year, cause to have published in the water court resume for Water Division No. 3, an invitation to be included on such notification list.

If you would like to be included on the ARP Notification List for Water Division No. 3, please send contact information to: Katie Radke, Program Manager, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, CO 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, e-mail: Kathryn.radke@state.co.us.

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, 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 $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 14th day of March, 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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