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 October, 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. 2016CW3015, Deward E. Walker, Jr., PO Box 4147, Boulder, CO 80306, walkerde@colorado.edu (atty Erich Schwiesow, PO Box 1974, Alamosa, CO 81101 (719) 589-6625 erich@). Application for Finding of Reasonable Diligence for conditional water rights originally decreed in Case No. 94CW61, in Alamosa County.

Name and legal description of Structures for which finding of reasonable diligence is sought: a. Walker Tail Water Ditch No. 1: Located at a point on the south bank of existing drainage ditch located in the SE ¼ SE ¼ of Section 31, T38N R9E NMPM, at a point 25 feet from South Section line and 100 feet from East Section line of Section 31. UTM Coordinates: 13S409702mE, 4149467mN (NAD83). b. Walker Tail Water Ditch No. 2: Located at a point on the south bank of existing drainage ditch running along south boundary of Section 31, T38N R9E NMPM, at a point 20 feet from South Section line and 2,720 feet from West Section line of Section 31, UTM Coordinates: 13S408947mE, 4149479mN (NAD83); c. Walker Tail Water Ditch No. 3: Located at a point on the south bank of existing drainage ditch running along south boundary of Section 31, T38N R9E NMPM, at a point 20 feet from South Section line and 30 feet from West Section line of Section 31, UTM Coordinates: 13S408127mE, 4149494mN (NAD83). Source, amount, and appropriation date: a. Walker Tail Water Ditch No. 1: 3.0 cfs as of December 20, 1999 from tail water of irrigation of Section 31, T38N, R9E, NMPM, as collected by an existing tail water ditch running along the south boundary of said section. b. Walker Tail Water Ditch No. 2: 3.0 cfs as of December 31, 2000 from tail water for irrigation on lands lying generally west of Section 6, T37N, R9E, NMPM; c. Walker Tail Water Ditch No. 3: 5.0 cfs as of December 31, 2000 from tail water for irrigation on lands lying generally west of Section 6, T37N, R9E, NMPM. Use: Irrigation of trees and pasture in the N ½ and the NE ¼ SE ¼ of Section 5, T37N, R9E, NMPM, and the NE ¼ of Section 6, T37N, R9E, NMPM. Diligence: The original decrees were entered in a period of sustained drought which is ongoing, and which has resulted in minimal if any water available to the points of diversion. During this diligence period, Applicant has undertaken the following activities indicating diligence on the water application in the above-referenced cases: Installation and testing of electric service to power pumping of tail water from the Monte Vista Wildlife Refuge; Maintained access road to the well with some ditch clearances; Maintenance of fencing to prevent accidental entry for alterations of the well. Name and address of owners of the land upon which points of diversion are located: United States Fish and Wildlife Service 8249 Emperious Road, Alamosa, CO 81101.

Case No. 2016CW3016, Robert Gregg Sease, 10957 E. Bethany Dr., Denver, CO 80014, gsease@ (303)671-6696 (atty Erich Schwiesow, PO Box 1974, Alamosa, CO 81101 (719) 589-6625 erich@). Application for Finding of Reasonable Diligence for conditional water rights originally decreed in Case No. 94CW61 in Saguache County.

Name and legal description of Structures for which finding of reasonable diligence is sought: a) Sheep Creek Ditch No. 2: SE ¼ NW ¼ of Section 8, T45N, R5E, NMPM, at a point of the East Bank of Sheep Creek approximately 1347 feet from the West Section line and 1682 feet from the North Section line; b) Sheep Creek Ditch No. 3: SW ¼ NW ¼ of Section 8, T45N, R5E, NMPM, at a point of the West Bank of Sheep Creek approximately 736 feet from the West Section line and 2265 feet from the North Section line. Source, amount, and appropriation date: For each structure: 1 c.f.s. out of Sheep Creek, a tributary of Saguache Creek, with an appropriation date of March 17, 1986. Diligence:. There has been insufficient water since the last finding of reasonable diligence on October 6, 2010, for Applicant to make absolute the conditional rights for Sheep Creek Ditch Nos. 2&3 (these are amounts in addition to the amounts decreed to these structures, for which diversion structures and measuring devices are already in place). Applicant is therefore waiting for a sufficiently wet year in order to make those conditional rights absolute. Name and address of owners of the land upon which points of diversion are located: Applicant.

Case No. 2016CW3017 County Road Z, LLC, 1604 Bridgeway, Austin, TX, 78704. Please direct all communications to counsel for Applicant: Law of the Rockies, Kendall K. Burgemeister, Atty. Reg. #41593, 525 North Main Street, Gunnison, CO 81230, 970-641-1903, kburgemeister@. Application for Change of Water Right in SAGUACHE COUNTY

Decreed water right for which a change is sought (the “Subject Water Right”): Well No. 2, Case No. W-802 (Permit 10197-R). Date, case number, and court, of original and relevant subsequent decrees: January 30, 1974, W-802, District Court, Water Division 3; September 10, 2004, 03CW9, District Court, Water Division 3. Legal description of structure as described in most recent decree that adjudicated the location: In the NW1/4SW1/4 of Section 1, Township 44 North, Range 9 East, NMPM, at a point 2740 feet from the north section line and 100 feet from the west section line. See Exhibit A attached to the Application on file with the Water Court. References herein to “Section 1” are to Section 1 of said township and range. Decreed source: Unconfined aquifer. Appropriation date: June 30, 1956. Total amount decreed / amount Applicant intends to change: 1450 gpm (3.23 cfs). Decreed use: Irrigation. Complete statement of change: Applicant seeks to change the time of use, type of use, and place of use of the Subject Water Right to allow its use in commercial operations for the cultivation of cannabis and creation of cannabis products on the Applicant’s property. Change in time of use. Because the Subject Water Right is decreed for irrigation use, the time of use must be changed from the historical growing season to year-round use. Change in type of use. The type of use must be changed to include industrial and commercial uses, including drinking and sanitation, associated with the commercial operations described above. Change in place of use. The place of use must be changed because the commercial facilities will be located outside of the present and historical place of use. The approximate location of historical use is the W1/2SW1/4 of Section 1. The proposed place of use is on Applicant’s Property within the SW1/4 of Section 1, outside of the area currently irrigated by the existing center pivot, which is predominantly in the W1/2SW1/4 of Section 1. The current place of use and anticipated location of the commercial facilities are illustrated on Exhibit A. Diversions for the proposed new uses will be separately metered, and for the purpose of this change, will be assumed to be 100% consumptive. Applicant reserves the right, through subsequent water court proceedings, to quantify return flows from the proposed new uses. Applicant will prevent an expansion of use by ceasing historical irrigation practices on as much land as is necessary to generate transferable consumptive credits in an amount equal to the consumptive use of water by the new uses. Applicant will continue to use the Subject Water Right to irrigate the historically irrigated land that is not required to be dried up. The Subject Water Right historically irrigated up to 80 acres of land. Currently, approximately 64.3 acres are irrigated by center pivot. Accordingly, approximately 15.7 acres of historically irrigated land have already been dried up. Based on Applicant’s calculations, such dry-up should be more than sufficient to generate transferable consumptive use credit in an amount equal to the consumptive use of water by the new uses at full build-out, which is approximately 12.3 acre-feet per year. A summary of diversion records is included in the Application. All applicable structures are located on land owned by Applicant.

Case No. 2016CW3018, (09CW31 & 02CW50) STATE OF COLORADO acting by the through THE COLORADO STATE BOARD OF LAND COMMISSIONERS, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN CONEJOS COUNTY, COLORADO, c/o VIRGINIA M. SCIABBARRASI, Assistant Attorney General, Natural Resources Section, Attorney for Colorado State Board of Land Commissioners 1300 Broadway, 7th Floor Denver, CO 80203Telephone (720) 508-6253

The Colorado State Land Board of Land Commissioners, by and through the undersigned counsel, hereby submits the following application for finding of reasonable diligence. 1. Name, address, telephone number of applicant: State of Colorado, Acting by and through the State Board of Land Commissioners 1127 Sherman Street, Suite 300 Denver Colorado 80203, 303-866-3454. 2. Name of Structure: Osier Spring. 3. Date of Original Decree: November 19, 2003. 4. Subsequent decrees awarding findings of diligence: Date of Decree: October 6, 2010; Case No: 09CW31; Court: Water Division 3. 5. Location of point of diversion: SW¼ NE¼ of Section 16, Township 32 North, Range 6 East, N.M.P.M., at a point which is 2460 feet from the North section line and 1575 feet from the East section line of said Section 16, in Conejos County. UTM: 13S 0383400, 4097057. See attached. 6. Source of Water: A spring tributary to Toltec Creek, tributary to Rio de los Pinos. 7. Appropriation date: October 8, 2002. 8. Amount: 5 gpm.

9. Use: Domestic water supply. 10. Remarks: This water right was decreed absolute as to use for livestock watering and wildlife propagation with a priority date of December 31, 1970. The right remains conditional as to domestic use. 11. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The Colorado State Board of Land Commissioners (“Land Board”) manages 2.8 million acres of surface land across Colorado as part of its trust obligations to produce revenue for the State’s public schools. These lands are commonly known as “school lands” or “school trust lands.” The land upon which the absolute irrigation water is used and where the conditional domestic use is located is school trust land. As part of its ongoing obligations to generate revenue for the school trust, the Land Board is working on a comprehensive system of yurts/cabins (aka “Trust Huts”) on select parcels of state trust land. This system would be similar to year round huts operated by the 10th Mountain Division Hut Association. The Osier parcel is part of the Land Board trust lands planned for a Trust Hut, and development of a water system is important to the operation of this Trust Hut. To date, staff has expended 40 hours in development of a Trust Hut system, including the identification of parcels, site visits and meetings with County staff. It has also included review of water resources available at each site and feasibility for continued development of those water rights to provide a sufficient and reliable water supply for a Trust Hut on the site, and continue to work toward the perfection of this water right for domestic use. Land Board staff has also evaluated various water systems at other yurt and cabin sites to determine the best, most efficient system of water delivery would be used at the Osier parcel. As part of that evaluation, staff has analyzed yurt size and type and utilities necessary for the development of the water resource. Land Board staff is scheduled to finalize a plan for a system of Trust Huts by Spring 2017. Land Board staff also work with the current lessee to ensure the water rights as decreed are maintained. The Land Board has performed monthly reviews of the water court resume to determine whether the filing of Statements of Opposition are necessary to protect its water rights in Water Division No. 3, including the above-referenced conditional water rights. Land Board staff has met internally to discuss how to develop and maintain the conditional water rights which are the subject of this application. The above activities on the part of the Applicant, the State Board of Land Commissioners, show a pattern of diligence and continuous work toward the development and implementation of these water rights. WHEREFORE, Applicant prays that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of the conditional water rights and enter a finding of diligence and continue the Osier Spring water right for domestic uses.

Case No. 2016CW9, Brett J. Shawcroft and Tanna Shawcroft, 21732 US Hwy 285, LaJara, CO 81140, brettshawcroft@ (719) 580-9228. Application for a Change of Water Right-Change in Place of Use in Conejos County.

Name of Structure: Registration No. 1141-R, Well No. 1, Case No. W-658, WDID #2105158. Date of Decree: August 8, 1974 to applicants Troy Shawcroft and Edwin Shawcroft. Legal Description: SW ¼ NE ¼, Section 11, T35N, R9E, NMPM. Decreed Amount: 2500 gpm being 5.57 cfs. Source of Water: Confined aquifer. The depth of the well is 734 feet with 16” casing. The well has plain casing from 0’ to 377’ and perforated casing from 377’ to 734’. Appropriation Date: November 30, 1951. Use: Irrigation. The registration for 1141-R states the well was used for irrigation of 320 acres of land in the NE¼ of Section 2; the S½ SE¼ of Section 2 and the N½ NE¼ of Section 11, all in T35N, R9E, NMPM. Proposed Change: a. The intent of the original appropriation was for 320 acres owned by Troy Shawcroft and Edwin Shawcroft. The land owned by these men are still owned today by members of the Shawcroft family, descendants of the original appropriators Edwin and Troy Shawcroft. The applicants, Brett J. Shawcroft and Tanna Shawcroft, currently are farming approximately 214 acres under the center pivot sprinkler that covers land in portions of the NE¼ of Section 11; the W½ of the NW¼ of Section 12; the S½ of the SE¼ of Section 2; and the SW corner of Section 1, all in T35N, R9E, NMPM in Conejos County, Colorado. The farm is being supplied by surface water from the Richfield Canal and ground water from Well No. 1, Case No. W-658, Registration No. 1141-R, WDID No. 2105158 (Well No. 1). The Richfield Canal water is diverted through a lateral on the north side of the Town of La Jara to a pump in the ditch on the Applicant’s property that delivers the Richfield water to the center pivot sprinkler. The groundwater from Well No. 1141-R also discharges into that pump to be delivered to the center pivot sprinkler. The permitted irrigated acreage is: the NE¼ and the S½ of the SE¼ of Sec. 2; and the N½ of the NE¼ of Section 11; all in T35N, R9E, NMPM. The current irrigated acreage with Well No. 1 is 214 acres as described above. The current and future use of Well No. 1 will not exceed the amount of groundwater historically applied to the legally permitted area. The Applicants applied for and were granted a Substitute Water Supply Plan (SWSP) approval in 2015 and 2016, but it is their desire to make this change of place of use permanent. Change of Place of Use for Well No. 1, Permit No. 1141-R, WDID #2105158: The applicants seek a change in the place of use for water appropriated from Well No. 1, Case No. W-658, Permit No. 1141-R to irrigate land outside the irrigated area designated on the original well registration documents. The actual location of the well will not change. The GPS location of the well as determined by the Division of Water Resources is UTM Zone 13S NAD83, 415309 mE and 4127926 mN. The use of ground water from Well No. 1 will be changed and restricted to the irrigation of approximately 214 acres in portions of the NE¼ of Section 11, the W½ of the NW¼ of Section 12; the S½ of the SE¼ of Section 2 and the SW corner of Section 1, all in T35N, R9E, NMPM in Conejos County, Colorado. The well will be limited to a maximum annual consumptive use of 318.2 acre-feet with a 10 year rolling average consumptive use of 202.5 acre-feet. That is, no more than 2025.0 acre-feet can be consumed from the well in any 10 consecutive year period. The consumptive use will be determined by multiplying the well diversion by the application efficiency. In the case of a center pivot irrigation system, the application efficiency is 83%. Using the 83% efficiency, the maximum annual diversion is 383.4 acre-feet and the ten-year rolling average 244.0 acre feet. Should the irrigation method change and the application efficiency for the irrigation method differ from the 83%, then the diversion limitation shall be adjusted accordingly. The well will be limited to 2500 gpm flow rate. The applicant will meter the well production in accordance with the “Rules Governing the Measurement of Ground Water Diversions Located in Water Division 3, the Rio Grande Basin”, Water Court Case No. 05CW12. The source of the water is the confined aquifer. The depth of the well is 734’ with 16” casing diameter. The well has plain casing from 0’ to 377’ and perforated casing from 377’ to 734’. The appropriation date is November 30, 1951. The applicants are the owners of the land on which the water will be used. NOTE: Copies of Ruling and Decree, well documentation obtained from the Division of Water Resources, chain of title and map are attached and made a part of the application. They are available for viewing in the Office of the Clerk of the Water Court.

Case No. 2016CW10, Beiriger Farm, A Colorado Partnership, 10709 North 106, Hooper, CO 81136, (719) 588-9273, Application for Change of Water Right in Saguache County.

Relocation of two irrigation wells on Field No. 16. Decreed Water right for which change is sought. Well No. 1, Case No. W-1289, Permit No. 694-R-R, WDID 2010466, aka South Well. Date of Decree: February 19, 1976, Water Division 3. Legal Description: SW¼ SW¼ Section 31, T41N, R10E, NMPM at a point 450 feet from the South section line and 65 feet from the West section line in Saguache County, Colorado. Decreed Source of Water: Confined Aquifer (the original well and the existing replacement well are 110 feet deep). The SEO map indicates the confining clay series at this location to be found in the interval of 100 to 110 feet deep. Appropriation Date: December 31, 1946. Total amount decreed: 1200 gpm = 2.67 cfs. Decreed Use: Irrigation. Amount of water the applicant intends to change: 1200 gpm. Decreed water right for which change is sought: Well No. 6, Case No. 82CW30, Permit No. 24707-F, WDID 2008199, aka North Well. Date of Decree: January 15, 1983, Water Division 3. Legal Description: NW¼ SW¼, Sec. 31, T41N, R10E, NMPM at a point 1320 feet from the South section line and 40 feet from the West section line in Saguache County, Colorado. Decreed Source of water as corrected within Case No. W-686: Unconfined Aquifer (the existing well is 100 feet deep). Appropriation date: February 4, 1980. Total Amount decreed to structure: 500 gpm = 1.11 cfs. Note: the 82CW30 decree erred in describing 500 gpm as 1.00 cfs. The correct value is 1.11 cfs. Decreed Use: Irrigation. Amount of water the applicant intends to change: 500 gpm being 1.11 cfs. Detailed Description of Proposed Change: This filing seeks approval for two actions: 1. Change the location of Well No. 1 to a point approximately 1400 feet northeast of the existing well and drill the replacement well to the full extent of the unconfined aquifer at GPS location in NAD93, Zone 13S with UTM coordinates: 418590 mE and 4178735 mN. The well remains in the SW¼ Sec. 31, T41N, R10E, NMPM. Also correct the decreed source of the well to the Unconfined Aquifer. 2. Change the location of Well No. 6 to a point approximately 2000 feet northeast of the existing well and drill the replacement well to the full extent of the unconfined aquifer at GPS location in NAD83, Zone 13S with UTM coordinates: 418821 mE and 4178964 mN. The well remains in the SW¼ Sec. 31, T41N, R10E, NMPM. There will be no change to the current limitations on pumping or area of use for these wells. Correction to the location of the wells: Applying to replace the two irrigation wells a distance more than 200 feet from the decreed locations yet stay within the same quarter section. The wells would remain in the SW¼ Sec. 31, T41N, R10E, NMPM. The applicant is the owner of the land upon which the wells will be constructed.

Case No. 2016CW11, Beiriger Farm, A Colorado Partnership, 10709 North 106, Hooper, CO 81136, (719) 588-9273, Application for Change of Water Right in Alamosa County.

Relocation of two irrigation wells on Field No. 1. Decreed water right for which change is sought: Well No. 1, Case No. 81CW49, Permit No. 22522-F (22522-F-R), WDID 2005584. Aka Pivot Well. Date of Decree: November 25, 1981, Water Division 3. Legal Description: Center of the SE¼ Section 6, T40N, R10E, NMPM at a point 1320 feet from the South section line and 1310 feet from the East section line in Alamosa County, Colorado. Decreed source of water as corrected by Case No. 2008CW8: Unconfined Aquifer (the existing well is 82 feet deep). Appropriation Date: June 16, 1977. Total amount decreed: 915 gpm = 2.03 cfs. Decreed Use: Irrigation. Amount of water the applicant intends to change: 915 gpm. Decreed water for which change is sought: Well No. 1-S, Case No. 82CW89, Permit No. 25344-F, WDID 2005585, aka Supplemental Well. Date of decree: March 25, 1983, Water Division 3. Legal Description: SE¼ SE¼ Sec. 6, T40N, R10E, NMPM at a point 720 feet from the South section line and 1220 feet from the East section line in Alamosa County, Colorado. This well is a supplemental well to Well No. 1, Case No. 81CW49. Decreed source of water as corrected within Case No. W-686: Unconfined aquifer (the existing well is 70 feet deep). Appropriation Date: June 16, 1977. Total amount decreed: 600 gpm = 1.33 cfs as a supplemental well to Well No. 1, Case No. 81CW49. Decreed Use: Irrigation. Amount of water the applicant intends to change: 600 gpm, being 1.33 cfs. Detailed description of proposed change: This filing seeks approval for two actions: 1. Change the location of Well No. 1 to a point approximately 400 feet north of the existing well and deepen to the full extent of the unconfined aquifer at GPS location in NAD 83, Zone 13S with UTM coordinates: 419442 mE and 4177262 mN. The well remains in the SE¼ Sec. 6, T40N, R10E, NMPM. 2. Change the location of Well No. 1-S to a point approximately 400 feet northeast of the existing well and deepen to the full extent of the unconfined aquifer at GPS location in NAD83, Zone13S with UTM coordinates: 419598 mE and 4177092 mN. The well remains in the SE¼ Sec. 6, T40N, R10E, NMPM. There will be no change to the current limitations on pumping or area of use for these wells. Correction to the location of the wells: Applying to replace the two irrigation wells a distance of more than 200 feet from the decreed locations yet stay within the same quarter section. The wells would remain in the SE¼ Sec. 6, T40N, R10E, NMPM. Applicant is the owner of the land upon which the wells will be constructed.

Case No. 2016CW12, James P. Beiriger and Sharon A. Beiriger, 11533 North 108, Hooper, CO 81136, (719) 588-9271, Application for Change of Water Right in Alamosa County.

Relocation of an irrigation well on Field No. 2. Decreed water right for which change is sought: Well No. 2-R, Case No. 03CW23, Permit No. 10261-RR, WDID 2013868, aka Pivot Well. Date of decree: February 23, 2004, Water Division 3. Legal Description: SW¼ NE¼ Section 5, T40N, R10E, NMPM at a point 1400 feet from the North section line and 1500 feet from the East Section line in Alamosa County, Colorado. Decreed source of water: Unconfined Aquifer (the existing well is 80 feet deep). Appropriation Date: May 31, 1951. Total amount decreed: 1400 gpm=3.12 cfs. Decreed Use: Irrigation. Amount of water the applicant intends to change: 1400 gpm. Detailed description of proposed change: This filing seeks approval to move the subject well to a point approximately 600 feet southwest of the existing well and deepen to the full extent of the unconfined aquifer at GPS location in NAD83, Zone 13S with UTM coordinates: 420920 mE and 4177819 mN. The well remains in the NE¼ Sec. 5, T40N, R10E, NMPM. There will be no change to the current limitation on pumping or area of use for this well. Correction to location of a well: Applying to replace an irrigation well a distance of more than 200 feet from the decreed locations yet stay within the same quarter section. The well would remain in the NE¼ Sec. 5, T40N, R10E, NMPM. Applicants area the owners of the land upon which the well will be constructed.

You are further notified that you have until the last day of December, 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.

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 _4th___ day of November, 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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