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 November, 2014.

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. 2013CW11 Amended Application for Change of Water Right IN ALAMOSA COUNTY Name, address, and telephone number of Applicants:

Summit Farms, LLC and Steven W. Myers, 53943 County Road B, Center, CO 81125, Alamosa County, Colorado, c/o John C. McClure, McClure & Eggleston, LLC, 1600 Broadway, Suite 920, Denver, CO 80202, (303) 294-0822.

Applicant, Steven W. Myers, as owner of the property and well rights and Summit Farms, LLC, operator of the farm, submit their Amended Application for Change of Water Right as follows:

Decreed names and locations of structures for which change is sought: (a) W-646, Well No. 1, Permit 4597-F, WDID No. 2009414, located in the NW¼ SW¼, S25, T40N, R9E, NMPM, 2000’ from the South section line, 50’ from the West section line, GPS location: UTM NAD83 Zone 13S 416562 mE and 4170907 mN; (b) W-646, Well No. 2, Permit 4598-F, WDID No. 2009415, located in NW¼ SW¼, S25, T40N, R9E, NMPM, 1400’ from the South section line, 50’ from the West section line, GPS location: UTM NAD83 Zone 13S 416556 mE and 4170702 mN; (c) W-646, Well No. 3, Permit 4600-F, WDID No. 2009416, located in SW¼ SW¼, S25, T40N, R9E, NMPM, 700’ from the South section line, 50’ from the West section line, GPS location: UTM NAD83 Zone 13S 416557 mE and 4170497 mN; (d) W-646, Well No. 4, Permit 4599-F, WDID No. 2009417, located in SW¼ SW¼, S25, T40N, R9E, NMPM, 50’ from the South section line, 50’ from the West section line, GPS location: UTM NAD83 Zone 13S 416553 mE and 4170278 mN; (e) W-646, Well No. 5, Permit 14110-R, WDID No. 2009418, located in SW¼ SE¼, S25, T40N, R9E, NMPM, 400’ from the South section line, 2600’ from the East section line, GPS location: UTM NAD83 Zone 13S 417337 mE and 4170394 mN; (f) W-646, Well No. 11B, Unregistered well, WDID No. 2009424, located in SW¼ SE¼, S25, T40N, R9E, NMPM, 579’ from the South section line, 2508’ from the East section line, GPS location: UTM NAD 83 Zone 13S 417339 mE and 4170381mN.

Dates of the original decrees: (a) Well No. 1, Case No. W-646 (“Well No. 1”) was decreed on June 5, 1975 for 600 gpm from the unconfined aquifer for use for irrigation purposes with an appropriation date of August 18, 1963; (b) Well No. 2, Case No. W-646 (Well No. 2”) was decreed on June 5, 1975 for 600 gpm from the unconfined aquifer for use for irrigation purposes with an appropriation date of August 21, 1963; (c) Well No. 3, Case No. W-646 (“Well No. 3”) was decreed on June 5, 1975 for 600 gpm from the unconfined aquifer for use for irrigation purposes with an appropriation date of August 31, 1963; (d) Well No. 4, Case No. W-646 (“Well No. 4”) was decreed on June 5, 1975 for 600 gpm from the unconfined aquifer for use for irrigation purposes with an appropriation date of August 28, 1963; (e) Well No. 5, Case No. W-646 (“Well No. 5”) was decreed on June 5, 1975 for 1200 gpm from the confined aquifer for use for irrigation purposes with an appropriation date of April 30, 1945; (f) Well No. 11B, Case No. W-646 (“Well No. 6”) was decreed on December 18, 1975, for 120 gpm from the confined aquifer for use for irrigation and stockwater purposes with an appropriation date of December 31, 1880. Well Nos. 1-6 are collectively referred to as the “Subject Wells.”

Historical use: The Subject Wells have historically been used to irrigate the SE¼ of S25, T40N, R9E, NMPM (“SE¼ of S25”), initially by flood irrigation and later through sprinkler irrigation. On or before 1978, a 130 acre center pivot irrigation system was erected on the SE¼ of S25. The Subject Wells, along with surface water delivered by the San Luis Valley Irrigation District (“District”), were sources of supply to irrigate the SE¼ of S25. Waters from the Subject Wells, along with surface waters delivered by the District, have been placed in a reservoir, located in the SW¼ of S25, T40N, R9E, NMPM (“SW¼ of S25”) and piped to sprinkler irrigate the SE¼ of S25. There is also evidence to support past irrigation of the SW¼ of S25. In 2013, a sprinkler was installed on the SW¼ of S25 for use on the SW¼ of S25, with waters used to sprinkler irrigate 76 acres in the SW¼ of S25. Surface waters made available by the District are available for irrigation purposes and for recharge purposes for the benefit of the S½ of S25, T40N, R9E, NMPM. Applicant has acquired a conservation plan from NRCS for the SW¼ of S25.

Detailed description of proposed change: Applicant seeks a change of water right to sprinkler irrigate 76 acres in the SW¼ of S25, but also to sprinkler irrigate 130 acres in the SE¼ of S25 as follows: Applicant intends to irrigate approximately one-half of the above acreage on any given year and then rotate to the other half of each of the two center pivots the following year with a cover crop grown each year on acreage not planted to a growing crop. The change of use will be subject to the following limitations: During any one year, use of the Subject Wells on the SE ¼ of S25 and the SW¼ of S25 shall be limited to: (a) a sum not to exceed the recent average annual well use of the Subject Wells on the SE¼ of S25; (b) a sum not to exceed the average annual appropriation of the Subject Wells which has occurred on the SE¼ of S25; (c) 130 acres in the SE¼ of S25 and 76 acres in the SW¼ of S25; and (d) a maximum annual withdrawal, as well as a 10-year average annual withdrawal, of a sum not to exceed the historic annual consumptive use of waters from the Subject Wells for irrigation of the SE¼ of S25 and SW¼ of S25.

(5 pages)

Case No. 2014CW13 SHAWN AND KRISTIE THOMAS, P.O. BOX 554, LA JARA, CO 81140, 719-274-4017, VERIFIED APPLICATION TO ABANDON WATER RIGHTS in Alamosa County. 2. Petitioner is the owner of the following described water rights: A. Name of structure: W-0234 Well No. 1; Well Permit No. 16154-R; WDID 2008672. B. Legal description of each point of diversion: UTM coordinates: Northing 4138503 Easting 427422 Zone 13, Source of UTMs: Colorado Division of Water Resources Division 3 Alamosa, Colorado; Public Land Survey System: NW1/4 SW1/4 Section 6 Township 36 Range 11 New Mexico Principal Meridian; Source of PLSS information: Decree for W0234 Well no. 1. C. Source: Confined Aquifer. 3. The water right is decreed for the following uses and amounts: Irrigation (.5 cfs) 224 gpm absolute; Domestic (.5 cfs) 224 gpm absolute; Livestock (.5 cfs) 224 gpm absolute. 4. At the time of the most recent decree for these water rights entered, Petitioners were not the owners of these water rights. 5. B. The following uses and/or amounts of those listed in section 3 above are to be retained and not abandoned: Domestic (.11 cfs) 50 gpm absolute; Livestock (.11 cfs) 50 gpm absolute.

(4 pages with attachments)

Case No. 2014CW3024. Segundo & 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 NE1/4 of Section 29, Township 39 North, Range 9 East, NMPM (Field 6)

Name of structure: Well No. 2, Case No. W-2557, Registration No. 10190-R, WDID#2006345. Well No. 2, Case No. W-2557 was decreed on 8/24/1978, to applicant William J. Schutte. Decreed location of well: SW1/4 NE1/4 of S29, T39N, R9E, NMPM, at a point 1650 ft. from the North Section Line & 2600 ft. from the East Section Line, in Alamosa County, CO. Decreed amount: 1200 gpm, being 2.67 cfs. Decreed Source of Water: Confined aquifer. The depth of the well is 120 ft. with 10" casing. The well has plain casing from 0' to 8' and perforated casing from 8' to 120'. (Recent information obtained from the Division of Water Resources indicates that at this depth, the well predominantly produces from the Unconfined Aquifer and may not produce any water from the Confined Aquifer.) Appropriation Date: 12/31/1955. Alternate points of diversion, if any: Well No. 5, Permit No. 15443-F, Case No. W-2557 and Well No. 6, Permit No. 15444-F, Case No. W-2557. Historic Use: Irrigation. Segundo Diaz and L. Margarita Diaz obtained a Ruling and Decree in Case No. 2007CW32 confirming that Well Permit Nos. 16055-RF (Well No. 4-R, Case No. 2007CW32, Field 8); 15442-RF (Well No. 3, W-2557, Field 8), 15443-F (Well No. 5, W-2557, Field 6); 15444-F (Well No. 6, W-2557, Field 11); 10189-R (Well No. 1, W-2557, Field 7) and 10190-R (Well No. 2, W-2557, Field 6) are restricted to the irrigation of the SW1/4 of Section 21, the N1/2 of Section 28 and the NE1/4 of Section 29, 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; (f) appropriation date requested; and (g) other. /// (a) Application to drill replacement of Well No. 2, Case No.W-2557. (b) The proposed location of the Well No. 2-R will be in the NW1/4 NE1/4, S29, T39N, R9E, NMPM, at a point to be located approx. 576' from the North Section Line & 2564' from the East Section Line, in Alamosa County, CO. The applicants propose to drill this replacement well within 200 feet of this GPS location: UTM Zone 13S NAD83, 410740 mE and 4162120 mN. (c) Proposed Use: Irrigation use. (d) Proposed amount: 1200 gpm being 2.67 cfs. (e) Source: Unconfined aquifer. The depth of this replacement well shall not exceed 120 feet in depth which is the depth of Well No. 2, Case No. W-2557, Permit No. 10190-R. The applicants desires a replacement well permit that produces solely from the Unconfined Aquifer. (f) Appropriation date requested: 12/31/1955, which is the appropriation date decreed for Well No. 2, Case No. W-2557. (g) Case No. 2007CW32, was decreed to applicants Segundo Diaz and L. Margarita Diaz on 6/13/2008. The Ruling and Decree confirm that Wells Permit Nos. 16055-RF (Well No. 4-R, Case No. 2007CW32, Field 8); 15442-RF (Well No. 3, W-2557, Field 8), 15443-F (Well No. 5, W-2557, Field 6); 15444-F (Well No. 6, W-2557, Field 11); 10189-R (Well No. 1, W-2557, Field 7) and 10190-R (Well No. 2, W-2557, Field 6) are restricted to the irrigation of the SW1/4 of Section 21, the N1/2 of Section 28 and the NE1/4 of Section 29, T39N, R9E, NMPM. The Ruling and Decree confirm that the combined production of Well Nos. 16055-RF, 10189-R, 10190-R, 15443-F, 15444-F and 15442-RF shall not exceed 2700 gpm and 1500 acre-feet annually.

Names and address of owner or reputed 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 is or will be stored, including any modification to the existing storage pool: Names of Owners: Segundo Diaz & Loretta Margarita Diaz, 0721 Lane 2 N., Alamosa, CO 81101.

Note: Copies of decrees, title documents, well documentation obtained from the Division of Water Resources and maps and are attached and made a part of the application and be viewed in the office of the Water Clerk.

(5 pages with attachments)

CASE NO. 2014CW3025 Application for Change of Water Right and for Amendment of Existing Plan of Augmentation IN COSTILLA COUNTY Name, address, and telephone number of Applicant: Smith and Wakasugi, RLLLP, 302 Broadway Avenue, P.O. Box 189, Blanca, CO 81123, Costilla County, Colorado, c/o John C. McClure, McClure & Eggleston, LLC, 1600 Broadway, Suite 920, Denver, CO 80202, (303) 294-0822.

DESCRIPTION OF PROPOSED CHANGE OF WATER RIGHT: Decreed names and dates of original decrees of structures for which change is sought: (a) Well No. 1, Registration No. 14888, WDID #3505493, originally decreed in Case No. W-2579, dated December 4, 1978 (“Well No. 1-2579”); and (b) Well No. 8, WDID No. 3505167, originally decreed in Case No. W-232, dated August 1, 1974 (“Well No. 8”). B. Name and location of structures: (a) Well No. 1-2579 has a decreed location in the NW¼ NW¼, S33, T30S, R73W, 6th P.M., at a point 660 ft. from the west section line and 400 ft. from the north section line in Costilla County, Colorado. Its GPS location is Northing 4139638 Easting 0450389; (b) Well No. 8 is located in the NW¼ of the NW¼, S23, T30S, R73W, 6th P.M. C. Date of original decrees: (a). Decree in Case No. W-2579, Well No. 1, dated December 4, 1978. Case No. W-2579 adjudicated Well No. 1 for 850 gallons per minute (“gpm”) from the unconfined aquifer for irrigation use with appropriation date of May 31, 1951; (b) Decree in Case No. 94CW10, dated June 1, 1995. Case No. 94CW10 adjudicated a plan of augmentation with respect to Well No. 1 in Case No. W-2579. Well No. 1 approved a plan for augmentation authorizing 30 gpm of water to be diverted from Well No. 1-2579 for commercial and domestic use for the purpose of servicing a hunting and recreational lodge. (Well No. 1 is referred to as Well No. 1-2579 in Case No. 94CW10.); (c) Decree in Case No. W-232, dated August 1, 1974; (d) Decree in Case No. W-232 adjudicated Well No. 8 for 350 gpm from the unconfined aquifer for commercial and domestic use with an appropriation date of June 8, 1955; and (e) Decree in Case No. 12CW13 dated August 4, 2013. Pursuant to the Case No. 12CW13 decree, Well No. 8 was removed from the State and Division Engineer’s Office revised abandonment list and limited to its pumping a volume of total annual diversions of 25 ac-ft per year; D: Detailed description of proposed change: Applicant and/or its related entities operate a potato processing facility which is located in close proximity to Well No. 1-2579. Applicant has need for water for use at this facility. Applicant no longer has need to divert water from Well No. 1-2579 for commercial and domestic use at a recreational lodge, because the lodge has been closed since approximately spring of 2003. Accordingly, by this application, Applicant seeks judicial approval to use Well No. 1-2579 for commercial and domestic purposes for 30 gpm and up to ten (10) ac-ft per year at Applicant's potato processing facility for purposes of meeting its commercial and domestic needs, including, but limited to, humidification of potatoes, and in-house restroom use and cleaning/washing the facility, along with potential future uses associated with housing and feeding employees and farm workers. In order to prevent injury to any vested water rights, Applicant will augment all depletions from Well No. 1-2579 made for commercial and domestic purposes at its potato processing facility pursuant to the terms of the amended plan for augmentation described below. Applicant will no longer divert water from Well No. 1-2579 for purpose of servicing a hunting and recreational lodge. In addition, Applicant will retire Well No. 8, and limit Applicant's pumping from Well No. 1-2579 for irrigation use to 250 gpm, from the 850 gpm originally decreed for this well under Case No. W-2579. Well No. 1-2579 will continue to be a well right with dual purposes: a) the right to divert ten (10) ac-ft annually for its commercial/domestic uses; and (b) the right to divert 250 ac-ft annually under its initial decree.

DESCRIPTION OF PROPOSED AMENDMENT TO PLAN FOR AUGMENTATION: A. Name of structure to be augmented: Well No. 1-2579, as more fully described above. B. Description of replacement sources of water: (a) Water from Applicant's reduction in pumping of Well No. 1-2579 for irrigation purposes from 850 gpm to 250 gpm; and (b) Water from Applicant's retirement of Well No. 8. C. Description of proposed plan for augmentation: The augmentation plan proposed herein will amend the augmentation plan decreed in Case No. 94CW10. Pursuant to the Case No. 94CW10 plan, Applicant augmented its depletions made from its pumping of Well No. 1-2579 for commercial and domestic uses at its hunting and recreational lodge through dedication of one share of Trinchera Irrigation Company water stock for annual diversion into a recharge pit for recharge of the groundwater aquifer. In addition, Applicant has dried up approximately one-half acre tract of irrigated land, namely the North 66 feet of Tract 25, Section 6, Township 31 South, Range 73 West, 6th PM. Applicant's hunting and recreational lodge has been closed since approximately spring of 2003. Applicant and/or its related entities now operate a potato processing facility located in close proximity to Well No. 1-2579, and have need for water for that facility. Accordingly, the augmentation plan proposed herein amends the Case No. 94CW10 plan by dedicating that plan to the replacement of depletions from Applicant's pumping of Well No. 1-2579 for commercial and domestic uses at Applicant's potato processing plant, rather than for Applicant's uses at Applicant's hunting and recreational lodge. In order to further ensure that no injury will result from this amendment of the 94CW10 plan, Applicant agrees to reduce Applicant's ability to pump Well No. 1-2579 for irrigation purposes from 850 gpm to 250 gpm, and to retire Well No. 8 from any further pumping. Well No. 1-2579 will continue to be a well right with dual purposes: a) the right to divert ten (10) ac-ft annually for its commercial/domestic uses; and (b) the right to divert 250 ac-ft annually under its initial decree. D. Remarks: Jerry W. Smith and Rodger D. Wakasugi were applicants in the Case No. 94CW10 plan of augmentation with respect to Well No. 1-2579. Smith and Wakasugi, RLLLP is the entity that owns Well No. 8 under Case No. 2012CW13 and the processing facility which will benefit from the commercial/domestic use of Well No. 1-2579. Smith and Wakasugi, RLLLP are the current owners of Well No. 1-2579 and its decreed plan of augmentation.

(5 pages)

Case No. 2013CW8, Amended application for change of water right (correction of well location) and determination of water right. William T. King and Lorraine G. Vigil King, 3784 South Poplar Street, wlcwlc@ (303) 756-3784 (attorney Erich Schwiesow, Lester Sigmond, Rooney & Schwiesow, PO Box 1270, Alamosa, CO 81101 (719) 589-6626, attorneys@). Decreed water right for which change is sought: Wells No. 6 and No. 7, Case No. W-2551.Date of original and all relevant subsequent decrees: Jan 22, 1976 Case No:W-2551 Court: Water Division 3. Legal description of structure as described in most recent decree: Well No. 6: NE¼NW¼, Section 20, Township 38 North, Range 9 East, NMPM, at a point 213 feet from North Section line and 1980 feet from West Section line, in Alamosa County, Colorado. Well No. 7: NW¼NW¼, Section 20, Township 38 North, Range 9 East, NMPM, at a point 1056 feet from West Section line and 734 feet from North Section line, in Alamosa County, Colorado. Decreed source of water: for both wells, Unconfined aquifer. Appropriation Date and amount: Well No. 6: December 31, 1938, 740 gpm. Well No. 7: December 31, 1937, 740 gpm. Decreed use or uses: irrigation. Detailed description of proposed change :No change other than to correct the location of the wells. Actual locations are as follows: For well 6: UTM Zone 13 Coordinates Northing 4154185 Easting 410039. NW1/4NW1/4 of Section 20, T38N, R9E, NMPM, at a point 236 ft. from the north line and 888 feet from the west line of said section. For Well 7: UTM Zone 13 Coordinates Northing 4153992 Easting 410035. NW1/4NW1/4 of Section 20, T38N, R9E, NMPM, at a point 869 ft. from the north line and 889 feet from the west line of said section. DETERMINATION OF WATER RIGHT (EXENT OF PREVIOUSLY DECREED RIGHT) Applicants own Wells No. 6 and 7, Case No. W-2551. They also own the lands that are irrigated by the well, consisting of approximately 244 acres in Section 20, Township 38 North, range 9 East, NMPM in Alamosa County, Colorado, known as Tracts 1,2,3 and 5, Rio Grande Commodities Survey, the Plat of which was filed May 5, 2000, under Reception No. 297424 on the office of the Clerk and Recorder of Alamosa County, Colorado. At the time the decree in Case No. W-2551 was entered, both Well No. 6, Case No. W-2551 and Well No. 7, Case No. W-2551 were intended to be used and were being used on 285 acres North of Highway 160 Section 20, Township 38 North, Range 9 East, NMPM, in Alamosa County, Colorado. At various points in time, the original acreage irrigated under the wells has been split into smaller parcels and individually sold. Irrigation of the original 285 acres has not consistently continued throughout those periods, but has rather varied with varying ownership. Applicants desire to return to irrigation of approximately 150 acres of the originally irrigated 244 acres under the two wells. The Division Engineer for Water Division 3 has taken the position that irrigation under the two wells is limited to no more than 120 acres north of Highway 160 in Section 20. Applicants seeks a determination that Applicants are entitled to irrigate 285 acres lying north of Highway 160 in Section 20, Township 38 North, range 9 East, NMPM in Alamosa County, Colorado. Applicants are the owners of the land upon which all structures are located

(5 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 January, 2015, 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 12th day of December, 2014.

______________________________________

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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