District court, water division 3, state of colorado
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| 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 December, 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. 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@msn.com (303) 756-3784 (attorney Erich Schwiesow, Lester Sigmond, Rooney & Schwiesow, PO Box 1270, Alamosa, CO 81101 (719) 589-6626, attorneys@lsrslaw.com). 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) Case No. 2014CW15 FRED AND BERLINDA CORDOVA, 12996 COUNTY ROAD N., ANTONITO, CO 81120, 719-580-0348, fcordova@gojade.org, VERIFIED APPLICATION TO ABANDON WATER RIGHTS in Conejos County. 2. Petitioner is the owner of the following described water rights: A. Name of structure: W-2382 Well No. 6, WDID 2206014. B. Legal description of each point of diversion: UTM coordinates: Northing 4113874 Easting 409492 Zone 13; Source of UTMs: Water Division 3 Water Resources; Public Land Survey System: NE1/4 NE1/4 Section 30 Township 34 Range 9 New Mexico Principal Meridian, Distance from section lines: 112 Feet and 92 Feet; Source of PLSS information: Water Court Decree. C. Source: Unconfined. 3. The water right is decreed for the following uses and amounts: Irrigation 200 gpm absolute; Commercial 200 gpm absolute; Domestic 200 gpm absolute. 4. At the time the most recent decree for these water rights entered, Petitioners were not the owners of the 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 50 gpm absolute. (10 pages with attachments) Case No. 2014CW3026 Application for surface water right in Conejos County. Name, mailing address, email address and telephone number of applicants: G. Lee Bagwell and Grace Bagwell, PO Box 297, Manassa, CO 81141. gmbagwell@yahoo.com. (719) 580-9444 (attys Erich Schwiesow, Lester, Sigmond, Rooney & Schwiesow, P.O. Box 1270, Alamosa, Colorado 81101, (719) 589-6626). Name of structure: Lee and Grace Bagwell Seepage and Drainage Ditch Legal description of each point of diversion: Starting (collection) point: NAD83, Zone 13: Northing 4115753 Easting 419255. End Point: Northing 4115902 Easting 419235. Source: Seepage tributary to the Conejos River where seepage and waste water collects in the County Road 19 right of way for a length of 489 feet between the beginning point at the terminus of the Blaine Bagwell Seepage and Tailwater Ditch (Case No. 01 CW 25) and the and the end point 855 feet south of the common corner of Sections 7, 8, 17, and 18, T34N, R10E, NMPM, which is co-terminous with the beginning point of the collection ditch for the L.N. Bagwell and Sons Seepage and Drainage Ditch (Case No. 13 CW 3012). Date of Appropriation, amount claimed, and use: May 5, 1952, 7.0 c.f.s., absolute, for irrigation of 68 acres lying West of the Ephraim Ditch in the N½SW¼ of Section 17, T34N, R10E, NMPM, and stockwater on same half section. Name(s) and address(es) of owner(s) 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: Jack Sowards PO Box 254, Manassa, CO 81141. (7 pages with attachments) 2014CW3027 APPLICATION FOR UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION IN CONEJOS, RIO GRANDE, ALAMOSA AND COSTILLA COUNTIES. Attorney for Applicant: Gilbert Y. Marchand, Jr., #19870, Gilbert Y. Marchand, Jr., P.C., 2737 Mapleton Avenue, Suite 202, Boulder, Colorado 80304, 303-444-4256, gym@gymlaw.com. 1. Name, mailing address, e-mail address, and telephone number of Applicant: Expo, LLC, c/o Tim Wall, General Manager, 15 Washington Street, Suite 207, Monte Vista, Colorado 81144, e-mail: twall@ffdllc.net, 1-719-852-2600, ext. 200. 2. Description of application: Applicant seeks approval of an augmentation plan associated with pumping of wells to serve a potato packing facility and three potato storage facilities located in the southeast quarter of Section 13 (“Expo Property”), as well as a potato storage facility located in the northwest quarter of Section 12 (“Legacy Property”), both properties in Township 36 North, Range 8 East, N.M.P.M., Conejos County, Colorado. Applicant also seeks an underground water right for each well (including any replacement well) and well use that is not presently decreed. The location of the wells and properties are shown in Figure 1 (wells at Expo Property) and Figure 2 (wells at Legacy Property), attached to the application and incorporated herein by this reference. EXISTING AND CLAIMED UNDERGROUND WATER RIGHTS. 3. Well No. 1 in the decree entered in Case No. W-108 by the District Court, Water Division No. 3, on April 27, 1973. Permit Number 20690-F. WDID 2008490. 3.A. Legal description: The decreed legal description is 1,050 feet from the south section line and 155 feet from the east section line in the southeast quarter of the southeast quarter, Section 13, Township 36 North, Range 8 East, N.M.P.M., Conejos County, Colorado. The actual location is 950 feet from the south section line and 130 feet from the east section line in the same Section, Township, and Range. 3.B. Source of water: unconfined aquifer at an approximate depth of 50 feet. 3.C. Priority date: December 31, 1949. 3.D. Amount: 350 gallons per minute (“gpm”), being 0.78 cubic feet per second (“cfs”), absolute. 3.E. Use: Industrial. 4. Well with permit number 154563-A (expired). Applicant will apply for a new permit. 4.A. Legal description: The permitted legal description is 1,500 feet from the south section line and 100 feet from the east section line in the northeast quarter of the southeast quarter, Section 13, Township 36 North, Range 8 East, N.M.P.M., Conejos County, Colorado. The actual location is 1,500 feet from the south section line and 276 feet from the east section line in the same Section, Township, and Range. 4.B. Source of water: unconfined aquifer at an approximate depth of 30 feet. 4.C. Appropriation information: 4.C.(1) Date of appropriation: December 31, 1936 for domestic, irrigation, and stock uses; December 31, 1979 for commercial uses. 4.C.(2) How appropriation was initiated: Drilling of well and application of water to beneficial use. 4.C.(3) Date water was applied to beneficial use: December 31, 1936 for domestic, irrigation, and stock uses; December 31, 1979 for commercial uses. 4.D. Amount claimed: 50 gpm, absolute. 4.E. Use: Domestic, irrigation, and stock watering; commercial use for potato storage humidification and washing and other uses associated with a potato storage facility. 5. Well No. 3 in the decree entered in Case No. W-107 by the District Court, Water Division No. 3 on April 27, 1973. Permit number 20689-F-R. WDID # 2008489. 5.A. Legal description: The decreed legal description is 1,210 feet from the south section line and 225 feet from the east section line in the southeast quarter of the southeast quarter, Section 13, Township 36 North, Range 8 East, N.M.P.M., Conejos County, Colorado. The well will be re-located, and this application seeks a decree approving the new location. 5.B. Source of water: unconfined aquifer at an approximate depth of 50 feet. 5.C. Priority date: July 18, 1949 for irrigation use; December 31, 2014 for proposed commercial uses based on the formation of the intent to appropriate and the filing of the application in water court. 5.D. Amount: 300 gpm, being 0.668 cfs, absolute for irrigation; conditional in the same amount for proposed commercial uses, provided however that Applicant claims as absolute any amount put to commercial use while this application is pending. 5.E. Use: Existing irrigation; proposed commercial, including potato storage humidification and washing and other uses associated with a potato storage facility. 6. Well with permit number 45365-F. WDID # 2013979. 6.A. Legal description: The permitted legal description is 200 feet from the north section line and 200 feet from the west section line in the northwest quarter of the northwest quarter, Section 12, Township 36 North, Range 8 East, N.M.P.M., Conejos County, Colorado. The actual location is 205 feet from the north section line and 130 feet from the west section line in the same Section, Township, and Range. 6.B. Source of water: unconfined aquifer at an approximate depth of 50 feet. 6.C. Appropriation information: 6.C.(1) Date of appropriation: August 16, 1995. 6.C.(2). How appropriation was initiated: Issuance of well permit. 6.C.(3) Date water was applied to beneficial use: October 31, 1995. 6.D. Amount claimed: 300 gpm, absolute. 6.E. Use: commercial for potato washing, transporting, humidification, drinking and sanitary use within a potato warehouse. 7. Remarks: The Expo Property includes two exempt wells pumping from the confined aquifer that are not included in this augmentation plan. One is a 25 gpm well used for in-house drinking and sanitary purposes in the potato packing warehouse office. It was decreed as Well No. 1 in the decree entered in Case No. W-1183 by the District Court, Water Division No. 3 on December 26, 1974. Per discussions with the Division Engineer’s Office, Applicant will late register this well as an exempt commercial well. The other exempt well on the Expo Property is a 50 gpm well used under Permit No. 62249-A for in-house drinking and sanitary purposes at a residence. APPROVAL OF PLAN FOR AUGMENTATION. 8. Name(s) of structure(s) to be augmented: The wells described in sections 3 through 6, above. Some of the wells are decreed, as described in sections 3 through 6, above. The application herein seeks water rights for those wells or uses of wells that are not presently decreed. No other water rights are diverted from the wells. The locations of the wells are described in sections 3 through 6, above, and depicted on Figures 1 and 2. 9. Water right(s) or sources to be used for augmentation: 9.A. Up to 23.6 fully consumptive acre-feet per year (“Augmentation Water”) determined to be attributable to 0.417 cfs of the Gabino Gallegos Ditch water right, whose historical use was described and quantified, and whose use was changed to irrigation, augmentation, domestic, commercial, municipal, industrial, stock watering and recreational purposes, including fishing, fishery and wildlife, either directly or by exchange, by decree of the District Court in and for Water Division No. 3, State of Colorado, in Case No. 82CW97 (“82CW97 Decree”), dated November 22, 1983, which decree is recorded as Reception No. 300127 in Book 385 at page 298 of the real property records of Rio Grande County, Colorado, and as Reception No. 186517 in Book 314 at page 464 of the real property records of Conejos County, Colorado. The 82CW97 Decree describes the headgate for the Gabino Gallegos Ditch as being located at a point on the North bank of the Alamosa River, whence the Northwest corner of Section 7, Township 35 North, Range 8 East, N.M.P.M., bears South 35 degrees 59 minutes West a distance of 288.2 feet, Conejos County, Colorado. The Gabino Gallegos Ditch water right was originally decreed for a total of 16 cfs from the Alamosa River for irrigation and domestic purposes under an appropriation date of April 15, 1870 and an adjudication date of July 11, 1888 in Water District No. 21, State of Colorado, with a headgate described in the original decree as being on the north bank of the Alamosa River at a point in the southwest quarter of Section 6, Township 35 North, Range 8 East, N.M.M. By the 82CW97 Decree, the subject 23.6 fully consumptive acre-feet may be stored in and released from Terrace Reservoir, located in parts of Sections 8, 9, 10, 14, 15, 16 and 23 in Township 36 North, Range 6 East, N.M.P.M., Conejos County, Colorado. Applicant acquired the Augmentation Water from Luke Anthony and Jasper Properties, Inc. pursuant to deeds recorded in Conejos County under reception numbers 14000904, 14000905, 14001163, and 14001164 and deeds recorded in Rio Grande County under reception numbers 201400422522, 201400422131, 201400422132, and 201400422751. Pursuant to those deeds, Applicant has the perpetual right to store and release the subject 23.6 fully consumptive acre-feet of water per year in Terrace Reservoir as a successor to the May 30, 1984 Agreement, Assignment and Quitclaim Deed between Terrace Irrigation Company and Jasper Properties, Inc. recorded in the real property records of Conejos County as reception number 187951. Applicant will take such actions as are necessary to release 7.7 acre-feet of the Augmentation Water from requirements in the 82CW97 Decree that dedicated such water to a development project near Capulin, Colorado that was never realized. 9.B. Such other water as may become available to Applicant from any other source legally available for augmentation or replacement and which can be provided in the amount, at the time and at the location required for augmentation. Such other water may include, but is not limited to, additional portions of the Gabino Gallegos Ditch water right that was changed in Case No. 82CW97 and such water as Applicant acquires for replacement of depletions from past pumping. 10. Complete statement of plan for augmentation: Applicant owns and operates a potato packing warehouse at the Expo Property. The warehouse uses water from the well with permit number 20690-F to wash potatoes. Associated with the packing facility, Applicant has two potato storage buildings that are used to store the potatoes until they are packed. The Expo Property also includes a third potato storage facility owned by Glen Bettenbough that is leased to Applicant. Applicant uses the well with permit number 154563-A (expired) for humidification and washing of the potato storage facilities on the Expo Property. Applicant also uses water from the well with permit number 45365-F for humidification and washing at the potato storage facility on the Legacy Property, which is owned by Farm Fresh Direct, LLC. New potato washing equipment is currently being installed in the packing facility at the Expo Property. Additional potato storage may be built in the future as the demand and production at the packing facility increases. The increased water use resulting from additional potato storage will be supplied by the well with permit number 20689-F-R. All existing and proposed increased water uses associated with the wells described in sections 3 through 6, above (including any relocated or replacement wells), will be covered in this augmentation plan. Applicant is applying for a one-for-one recharge augmentation plan, whereby fully consumable surface water will be recharged into the aquifer in exchange for the right to pump Applicant’s wells against the amount recharged. Applicant will store its Augmentation Water in Terrace Reservoir, and release a portion or all of it and carry it through the Creek Ditch (also known as the Alamosa Creek Canal) to a recharge site located in the southwest quarter of Section 15, Township 36 North, Range 8 East, N.M.P.M., approximately two and one-half miles west of the Expo Property. The primary recharge site will be located in the southwest quarter of the southwest quarter of the southwest quarter of said Section 15, while the secondary recharge site will be located in the southeast quarter of the southeast quarter of the southwest quarter of said Section 15. An appropriate carriage loss will be assessed. The Augmentation Water will then be measured into a recharge basin at an augmentation station. After accounting for evaporation losses to be determined and approved herein, the Augmentation Water will be recharged into the unconfined aquifer. The amount recharged on an annual basis will determine how much ground water can then be pumped for industrial and commercial purposes at Applicant’s packing facility and its associated potato storage facilities on the Expo and Legacy Properties. The amount of water which may be pumped from Applicant’s wells will be dependent on annual consumptive use credits resulting from the net recharge of the Augmentation Water minus the evaporation losses. The annual consumptive use credits will determine how much ground water can be consumed at the Expo Property and Legacy Property on an annual basis. To determine the volume of water available for pumping from the augmented wells, the consumptive use credit will be divided by the use efficiency, which will change in response to the implementation of the new potato storage facilities. On an annual basis, Applicant may pump from the augmented wells any consumptive use credits accrued within that same season plus any excess consumptive use credits from the previous year, provided the Division Engineer has approved the calculation of that amount of credit. Applicant’s methodology for calculating available well pumping in a given year does not provide a long term rolling average. Rather, it allows pumping of water that has been recharged within approximately the past year to eighteen months. The volume of pumping available may be pumped from any of the wells included in this augmentation plan. All recharge and well pumping will be measured. Appropriate records will be maintained and proper reporting and accounting will be done to insure that Applicant’s pumping does not exceed the amount available from recharge. At a minimum, Applicant shall provide to the Division Engineer by April 1 of each year an annual summary of recharge and pumping amounts and a calculation of any excess in consumptive use credits from the prior year that may be applied to the current year’s pumping. A map showing the location of facilities in the proposed plan for augmentation is attached to the application as Figure 3 and incorporated herein by this reference. The augmentation plan for which approval is sought herein will also replace current and future depletions caused by past pumping of the subject wells. Applicant will calculate such depletions, and deliver augmentation water at the appropriate time and location and in the appropriate amount as necessary to replace them. Based on the response functions being calculated by the State Engineer’s Office for the proposed Rules Governing the Use of Groundwater in Division III, Applicant preliminarily estimates that the depletions caused by past pumping will initially total about 0.6 acre-feet per year and will exponentially diminish to nothing in nineteen years. Based on preliminary runs of the RGDSS ground water model, Applicant preliminarily estimates that such depletions may cause impacts to thirteen stream reaches on five different streams, namely, the Rio Grande, Conejos River, San Antonio River, La Jara Creek, and Trinchera Creek. Applicant will refine its calculation of depletions, including amount and location, caused by past pumping as more information becomes available. Based upon Applicant’s anticipated current use rates, there should be a fairly sizable surplus of pumping credits available in the short term. The fully consumable portion of these surplus pumping credits could be used to replace depletions to the Alamosa River caused by past pumping. Applicant will acquire such additional augmentation supplies and enter into such additional agreements as are needed to replace calculated depletions from past pumping of the subject wells. 11. Applicant also proposes to use such other water rights or water sources as may become available to Applicant from any other source legally available for augmentation or replacement and which can be provided in the amount, at the time and at the location required for replacement of injurious depletions resulting from pumping of the subject wells. Applicant specifically requests that the plan for augmentation to be decreed herein include procedures to allow such additional or alternative sources of replacement water, including such water that may be acquired for replacement of depletions from past pumping. 12. Name(s) and address(es) of owner(s) or reputed owner(s) 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: Terrace Reservoir is owned by Terrace Irrigation Company, Inc., whose mailing address is: P.O. Box 109, Monte Vista, Colorado 81144. The proposed recharge facility is owned by Kent Reinhardt, whose mailing address is: 25025 CR 10, La Jara, Colorado 81140. Applicant, whose address is described above in section 1, owns a recharge structure located at its potato packing warehouse. Though not a diversion or storage structure, one of the potato storage facilities on the Expo Property is owned by Glenn Bettenbough, whose address is 12518 South CR 100, Alamosa, CO 81101. Applicant will notify these persons that Applicant is applying for the water rights and augmentation plan approval described herein, and will certify to the Court that the Applicant has provided such notice by no later than 14 days after filing the application. WHEREFORE, Applicant requests the Court to enter a decree granting the relief requested herein and finding that such relief will not cause injury to other water users if granted on the terms and conditions proposed and/or to be determined herein, and to grant such other relief as the Court deems proper under the circumstances. (9 pages) CASE NO. 2014CW003028: Application for Approval of Absolute Water Right: (Appropriative Right of Exchange) IN MINERAL AND HINSDALE COUNTIES, COLORADO. Name, address, and telephone number of Applicant: Creede 240 LLC, One Overton Park, 3625 Cumberland Blvd., Suite 1000, Atlanta, GA 30339, (770) 396-2200, c/o John C. McClure, McClure & Eggleston, LLC, 1600 Broadway, Suite 920, Denver, CO 80202, (303) 294-0822. DESCRIPTION OF PROPOSED APPROVAL OF ABSOLUTE WATER RIGHT. Name of Water Right: Creede 240 Exchange; Type of Water Right: Appropriative Right of Exchange. Amount Claimed 0.9 acre-foot, ABSOLUTE, at a rate of 0.5 cfs. Use: Augmentation of ground water depletions pursuant to decreed augmentation plan, Case No. 2008CW05, as described more fully below. Location of Water Right: A. Location of “exchange-from” point: The confluence of Crooked Creek and the Rio Grande River located within the SW¼ Section 32, Township 41 North, Range 2 West, NMPM and further described by GPS measurement at approximately UTM, Zone 13, 313460 mE, 4181890 mN, in Mineral County; B. Location of “exchange-to” point: The diversion point from Crooked Creek to the recharge facility for the Creede 240 Property, the legal description being as follows: located within the NW¼ Section 25, Township 41 North, Range 3 West, NMPM and further described by GPS measurement at approximately UTM, Zone 13, 310455 mE, 4184490 mN in Hinsdale County; C. The locations of the Creede 240 Exchange “exchange-from” point (the confluence of Crooked Creek and the Rio Grande River) and the Creede 240 Exchange “exchange-to” point (the Creede 240 Property recharge facility) are shown on the USGS topographical map attached to the Application. Information about the appropriation, including information from previous decrees: A. General Description of Water Right. Applicant Creede 240, LLC is the owner and developer of a residential subdivision (the “Creede 240 Property” or “Property”) comprised of 240 acres located in Hinsdale County Colorado. The Property is located generally adjacent to Crooked Creek, a tributary to the Rio Grande, and approximately 22 miles upstream from the town of Creede. The Property was formerly owned by the West San Juan Ranch Development, prior to its current ownership by Creede 240, LLC. The Property was subject to an initial plan of augmentation decreed by this court in Case No. 84CW95 (“West San Juan Ranch Augmentation Plan”). The originally planned development did not occur as contemplated. Accordingly, Creede 240 sought and obtained a decree in Case No. 2008CW05 amending the originally decreed plan of augmentation. The Decree in 2008CW05 approves a revised plan of augmentation (the “Creede 240 Augmentation Plan”) that reallocates but does not significantly alter the operation of, or increase the total consumptive use of water allocated under the augmentation plan approved in the 84CW95 decree. Specifically, the plan for augmentation decreed in Case No. 2008CW05 changes the place and type of use on the property, but does not change the source or amount of replacement water. The Creede 240 Augmentation Plan augments depletions resulting from the pumping of individual residential wells located on the development. Thirty-one residential wells are provided for the thirty-five platted lots on the 240-acre property, with a residential well located on each lot along with a septic tank and leach field. The augmentation plan provides water for residential use on a full-time basis for twelve months per year. There is no provision for outside usage of the wells. Annual depletions for well development will not exceed 0.90 acre–foot. The Creede 240 Augmentation Plan operates by designating as a replacement source 1.0 acre-foot of the first 40 acre-feet produced and run on an annual basis by the Williams Creek Squaw Pass Diversion. Under the plan, the 1.0 acre-foot of Williams Creek Squaw Pass replacement water is diverted from three tributaries of Williams Creek, conveyed across the Continental Divide at Squaw Pass, discharged into Squaw Creek, and conveyed down the Rio Grande River to the confluence of the Rio Grande river and Crooked Creek. A 10% transportation charge is assessed on Creede 240’s share of the Williams Creek Squaw Pass diversion from the point of diversion at the Continental Divide downstream to the confluence of Crooked Creek and the Rio Grande. The remaining 0.90 acre-foot of the 1.0 acre-foot of Williams Creek Squaw Pass water is then exchanged up Crooked Creek and diverted into the recharge facility located on the development. Water so diverted into the recharge facility is allowed to percolate into the ground so as to augment groundwater depletions resulting from the well pumping. The Decree in Case No. 2008CW05 explicitly recognizes that the Creede 240 Augmentation plan, like the West San Juan Ranch Augmentation Plan before it, operates by virtue of an exchange—e.g., by exchanging Williams Creek Squaw Pass replacement water up Crooked Creek to the recharge facility. See Decree in Case No. 2008CW05, dated December 5, 2008, at ¶ II.J. (A copy of the 2008CW05 Decree is attached to the Application.) However, the 2008CW05 Decree does not adjudicate this exchange. Rather, the Decree recognizes that the exchange has been appropriated, and provides that Creede 240 may apply to Water Court to adjudicate at some later date this previously appropriated exchange. Specifically, the Decree states: [t]his amended plan does not decree an exchange right as a proper application must be made to the Water Court for a decree for an exchange right. However, this decree recognizes an appropriation of an exchange right. 2008CW05 Decree, at ¶ II.J. (emphasis added.) The purpose of this application is to comply with the provisions of the 2008CW05 Decree, and formally adjudicate and protect the exchange that this Court has recognized. Specifically, Creede 240 requests that this Court adjudicate this exchange as the “Creede 240 Exchange” an appropriative right of exchange operating between the “exchange-from” point, located at the confluence of Crooked Creek and the Rio Grande River, and the “exchange-to” point, a diversion point from Crooked Creek into a recharge facility located on the Creede 240 development, on the same property as the West San Juan Ranch Development. B. Date of Initiation of Appropriation: October 23, 1984, which is the date of filing the application in Case No. 84CW95. The decree in Case No. 84CW95 was signed by the water court on March 25, 1987, thus approving operation of an augmentation plan. C. How Appropriation was initiated: By obtaining judicial approval of the augmentation plan in Case No. 84CW95. D. Priority Date of Appropriation: October 23, 1984, which is the date of filing the application in Case No. 84CW95. E. Amount of water applied to beneficial use: 0.90 acre feet.. F. Description of place of use where water was applied to beneficial use. The 240 acre property referred to as the West San Juan Ranch Development in Case No. 84CW95 and now known as the Creede 240 residential subdivision or Creede 240 Property, is located in the SW¼ and the S½ of the NW¼ of Section 25, Township 41 North, Range 3 West, N.M.P.M., Hinsdale County, Colorado. Also see location of recharge facility as depicted on Exhibit A attached to the Application. G. Facts demonstrating appropriation was made absolute: The following supports award of an absolute right for the San Juan Ranch Exchange: i. The Division Engineer approved the design and location of the recharge facility prior to its construction. Creede 240 constructed the recharge facility provided for by Case No. 2008CW05. Under Case No. 2008CW05, a diversion of 0.90 acre feet per year may be made to the recharge facility. Water diverted into the recharge facility is measured in a manner acceptable to the Division Engineer. ii. Creede 240 applied for and received Permit No. 68169(F) from the State and also submitted a well construction and test report for such well (received by the State Engineer on July 20, 2009). See Exhibit C attached to the Application. The well permit was issued for a well within the Creede 240 Property boundary as shown on the map attached as Exhibit A to the Application. iii. The State Engineer's 2009 Diversion Record Summary for Structure WDID No. 2003677 (Creede 240 LLC Recharge Pit) demonstrates that 0.90 acre feet was exchanged upstream and diverted into to the recharge facility. The State Engineer's diversion summary is attached as Exhibit D to the Application. H. Relevant Prior Decrees: The West San Juan Ranch Augmentation Plan was originally approved by the Division 3 Water Court in Case No. 84CW95. The Plan was modified by the Division 3 Water Court in Case No. Case No. 2008CW05. I. Source of Water for Exchange: The source of the water for the West San Juan Ranch Exchange is Creede 240's 1.0 acre-foot interest in the Williams Creek Squaw Pass Diversion. The Williams Creek Squaw Pass Diversion is adjudicated and decreed as Ditch No. 236, Priority No. 310, with a decreed priority date of September 9, 1937, for 10 cubic-feet of water per second of time on three tributaries of Williams Creek, a tributary of the Piedra River, in former Water District 29, Water Division 7. The diversion points for the Williams Creek Squaw Pass Diversion are shown as Headgates E, D and C, respectively, on the left bank of the South Fork of the East Fork of Williams Creek, and on the left bank of the South Fork of the East Fork of Williams Creek, and on the left bank of the North Fork of the West Fork of Williams Creek, all as set forth in the maps, filings and decrees with such points of diversion situate approximately in Section 21 of unsurveyed Township 37 North, Range 3 West, N.M.P.M. Creede 240 owns 1.0 acre-foot of the first 40 acre feet produced and run on an annual basis by the William Creek Squaw Pass Diversion. The waters are collected and then conveyed in a ditch across the Continental Divide at Squaw Pass, are then discharged into Squaw Creek, a tributary of the Rio Grande in former Water District 29, Irrigation Division No. 3., and subsequently enter the Rio Grande. Creede 240's share of the waters has been decreed as trans-basin and fully consumable. See 2008CW05 Decree, at ¶ 13. Creede 240, LLC is the current owner of the land upon which the development and recharge facility is located. (5 pages) 2014CW3029. CONCERNING THE APPLICATION FOR ABSOLUTE WATER RIGHTS OF DELFINO CARSON, TOMMY CARSON, LEO ATENCIO JR., AND CARMEN ATENCIO IN ALAMOSITO CREEK AND ITS TRIBUTARIES IN COSTILLA COUNTY. Attorneys for Applicants: Drew Peternell, #32455, 222 1⁄2 F Street Salida, CO 81201, (303) 204-3057, dpeternell@tu.org; Sarah Krakoff, Supervising Attorney, #27366; Chloe Bourne, Student Attorney; Jeremy Balu, Student Attorney; Acequia Project, Getches-Wilkinson Center, University of Colorado Law School, UCB 401 Boulder, CO 80309, Phone: (303) 492-2641, Fax: (303) 492-1297, sarah.krakoff@colorado.edu; chloe.bourne@colorado.edu; jeremy.balu@colorado.edu. APPLICATION FOR ABSOLUTE WATER RIGHT (SURFACE). Name and Address of Applicants: Delfino and Tommy Carson, 11081 Otis Street, Broomfield CO 80020; Leo Atencio Jr., 6520 W. 73rd Pl, Arvada, CO 80003; Carmen Atencio, 876 Julian St., Denver, CO 80204. Please address all correspondence to the attorneys listed above. First Claim: West Alamosito Ditch; Name of Structure: West Alamosito Ditch Diversion A; Legal Description of Point of Diversion: West Alamosito Ditch Diversion A, Alamosito Creek, UTM NAD 83 13N, Northing: 4104488, Easting: 0472135, Zone 13S, Source: GIS Device, Garmin Colorado 400t, Accuracy: +/- 10ft; Source of Water: West Alamosito Ditch Diversion A: Alamosito Creek; Appropriation: A. Date of initial appropriation: on or about September 2, 1987, contemporaneous with the Carson and Atencio family’s acquisition of the real property from John Miller, B. How appropriation was initiated: formulation of intent to apply water to beneficial use, C. Date water applied to beneficial use: on or about April 1, 1988, contemporaneous with the application to beneficial use for irrigation for grass hay meadow and pasture; Amount Claimed: 2 cubic feet per second, absolute; Uses: Irrigation of grass hay meadow and pasture; Acreage: Acres Historically Irrigated: Approximately 12.1 acres (see Irrigated Parcel A on attached map) Acres Proposed to be Irrigated: Same as historical; The owner of land upon which this structure is located: Delfino and Tommy Carson, 11081 Otis Street, Broomfield, CO 80020; Leo Atencio Jr., 6520 W. 73rd Pl, Arvada, CO 80003; Carmen Atencio, 876 Julian St., Denver, CO 80204. Second Claim: East Alamosito Ditch; Name of structures: East Alamosito Ditch Diversion B1, East Alamosito Ditch Diversion B2; Legal description of each point of diversion: East Alamosito Ditch Diversion B1, Tributary to Alamosito Creek, UTM NAD 83 13N, Northing: 4104425, Easting: 0472954, Zone 13S, Source: GPS Device, Garmin Colorado 400t, Accuracy: +/- 10 Feet, East Alamosito Ditch Diversion B2 (Alternative of Diversion B1), Alamosito Creek, UTM NAD 83 13N, Northing: 4104471, Easting: 0472725, Zone 13S, Source: GPS Device, Garmin Colorado 400t, Accuracy: +/- 10 Feet; Sources of Water: East Alamosito Ditch Diversion B1: Unnamed Tributary to Alamosito Creek, East Alamosito Ditch Diversion B2: Alamosito Creek; Appropriation: A. Date of initial appropriation: on or about September 2, 1987, contemporaneous with the Carson and Atencio family’s acquisition of the real property from John Miller, B. How appropriation was initiated: formulation of intent to apply water to beneficial use, C. Date water applied to beneficial use: on or about April 1, 1988, contemporaneous with the application to beneficial use for irrigation for grass hay meadow and pasture; Amount claimed: 2 cubic feet per second combined from East Alamosito Ditch Diversions B1 and B2, absolute (instantaneous diversions from one or both points of diversion not to exceed 2 cubic feet per second); Uses: Irrigation of grass hay meadow and pasture; Acreage: Acres Historically Irrigated: Approximately 14.9 acres (See Irrigated Parcel B on attached map), Acres Proposed to be Irrigated: Same as historical; The owner of land upon which these structures are located: Diversion B1, Diversion B1 is owned by either the Carson and Atencio family or the Cielo Vista Ranch. The Cielo Vista Ranch is owned by CVR Properties, Ltd. Capitol Corporate Services is the registered agent for CVR Properties. Name of Owner and Mailing Address: CVR Properties, Ltd. 18615 Tuscany Stone, Suite 200, San Antonio, TX 78258; Registered Agent: Capitol Corporate Services, Inc. 36 South 18th Avenue, Suite D, Brighton, CO 80601. Diversion B2, Name of Owner and Mailing Address: Delfino and Tommy Carson, 11081 Otis Street, Broomfield, CO 80020; Leo Atencio Jr., 6520 W. 73rd Pl, Arvada, CO 80003; Carmen Atencio, 876 Julian St., Denver, CO 80204. Attachments: Appendix A: A map showing the points of diversion and the route of the creek is attached as Appendix A. The area colored blue is the irrigated acreage. WHEREFORE, the Applicants pray this Court enter a decree: 1. Granting the subject water rights as applied herein; and 2. Granting such other and further relief as the Court deems proper. (Application 6 Pages) CASE NO. 2014CW3030 Application for Change of Water Right IN COSTILLA COUNTY. Name, address, and telephone number of Applicant: Blanca Potato, LLC, P.O. Box 27, 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 water right for which change is sought: A. Name of Structure: Case No. W-705, Well No. 1, Registration No. 1016-R, WDID No. 3505240 (“Well 1016-R”), Water Court for Water Division 3. B. Date of original and all relevant subsequent decrees: Case No. W-705, entered on January 16, 1975. C. Legal description of structure as described in most recent decree that adjudicated the location: SE ¼ NE ¼, S20, T30S, R72W, 6th P.M. at a location 1,520 ft. from North section line and 330 ft. from East section line in Costilla County, Colorado. Its GPS location is Zone 13, Northing 4142424, Easting 460004. D. Decreed source of water: Unconfined aquifer. E. Appropriation Date: September 20, 1949. F. Total amount decreed to structure: 1,000 gpm, Absolute. G. Decreed use: Irrigation. H. Amount of water that applicant intends to change: Approximately thirty-six (36) acre-feet per year of consumptive use, generated from retirement of irrigated lands associated with Well 1016-R, to be used for commercial purposes. Water pumped from a new well to be constructed will be for commercial use at a potato processing facility. B. Detailed description of proposed change: The proposed change will: change a portion of the irrigation right associated with Well 1016-R to commercial use; partially change the location of use to a new well site; and change the timing of use at both the existing and new well site. Well 1016-R, decreed for irrigation use, has historically been used to irrigate lands in the S20, T30S, R72W, 6th P.M. initially through flood irrigation, and after installation of a center pivot irrigation system, through sprinkler irrigation of an approximate 126.1 acre parcel (“Parcel”). Applicant’s proposed change contemplates a permanent dry-up of a portion of lands under the Parcel irrigated under Well 1016-R. Applicant has made a preliminary quantification of the historic consumptive use (“HCU”) of previously irrigated lands attaching to use of Well 1016-R, and upon quantification of annual average consumptive use, intends to transfer approximately fifty-nine (59) acre feet of the quantified annual groundwater HCU credits (“Quantified HCU Credits”) and pumping right to a well site to provide for diversion at a new well yet to be drilled (“New Well”). The New Well will be a partial replacement for Well 1016-R. Water pumped from the New Well, located approximately 3½ miles from the location of Well 1016-R, will be used for commercial and industrial purposes (“commercial”) at a potato packing facility. In conjunction with determining the overall Quantified HCU Credits attaching to the historical use of Well 1016-R, along with those that will be subject to transfer, Applicant intends to retire sufficient land to generate approximately 60 ac-ft of Quantified HCU credits for the transfer. Approximately thirty (30) acres, or approximately one-fourth of the sprinkler irrigated land under the Parcel, will be subject to a permanent dry up as part of a partial change of the irrigation right. The remaining lands under the Parcel will continue to be irrigated and used to grow crops. The use of the New Well for commercial purposes will be for the benefit of Applicant’s existing potato processing facility (“processing facility”). Waters from the New Well will be used to meet the operational needs of the processing facility, and provide a fresh water source of supply for its processing needs. These needs include, but are not limited to, washing, humidification, and fluming potatoes and other produce. After initial use at the processing facility, waters will not be reused, but instead will be diverted to recharge ponds (to be constructed) for the purpose of recharging the aquifer. Supplying fresh water from the New Well will avoid the reuse of waters from the existing well and better meet the needs of the processing facility. Waters from Well 1016-R will be used in conjunction with water from Well No. 1, Case No. W-488, Permit No. 14445-RF, WDID No. 3505177 (Well 14445-RF), which is currently used to supply the existing commercial facility. Well 14445-RF is not subject to the change action. The New Well will be constructed at a site in close proximity to Applicant’s existing processing facility. The proposed location for the New Well is at Zone 13 Northing 4143065 Easting 454432. The New Well will be located approximately 650 ft. from Well 14445-RF, which is located in the SW¼ SE¼ of S14, T30, R73W, 6th P.M. The New Well is projected to have a pumping capacity of 1,000 gpm for use for 12 hours per day or 2.21 ac-ft per day use, and will be constructed to a depth of 250 feet. The volumetric need for the New Well will be 574.5 ac-ft annually. It will have a September 20, 1949 appropriation date. Upon entry of a decree, use of Well 1016-R will be restricted to irrigation of the remaining acres under the Parcel not subject to retirement, presently estimated to be approximately ninety (90) to ninety-six (96) acres. Groundwater diversions from Well 1016-R for irrigation use will be limited to an estimated 212.8 ac-ft average sum per year based on a five year running average. An estimated 59 ac-ft per year will be generated from dry up of land associated with Well 1016-R. The New Well’s actual consumptive use is estimated to be 36 ac-ft per year. Use of Well 1016-R and use of the New Well will be restricted to ensure that there will be no pumping of both wells at the same time. A maximum rate of 1,000 gpm may be pumped from either the New Well or Well 1016-R, but there will be no simultaneous pumping of the two wells. The contemplated use of the New Well is for commercial purposes during normal business hours for year round use, while the contemplated use of Well No. 1016-R is for irrigation purposes for nighttime or weekend use only on lands under the Parcel not subject to retirement. Both Well 1016-R and the New Well are located north of Trinchera Creek and Ute Creek. The effect of this change application will not create any expanded use, nor cause any material injury to any existing water rights. It is anticipated the wells subject to this application will be included in a Trinchera area subdistrict (and its Plan of Water Management) or in a separate plan of augmentation within the Trinchera area. Blanca Potato, LLC is the owner of the lands subject to irrigation of Well 1016-R and is the owner of Well 1016-R and the adjoining processing facility. (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 February, 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. W  itness my hand and seal of this Court this 15th day of January, 2015.
______________________________________ Shirley Skinner, Clerk of the Court Alamosa Combined Courts Water Court, Water Division 3 702 Fourth Street, Alamosa, CO 81101 SEAL SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II). This notice is an invitation to be included on the SWSP notification list. To be included on the SWSP notification list, submit your name, address, e-mail address, daytime phone number, and water divisions of interest. If you prefer to be notified by electronic mail, specify that preference. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: Laura.kalafus@state.co.us. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us. Annual Replacement Plan Notification List for Water Division No. 3 Pursuant to Terms and Conditions of Approval No. 7 of the Findings of Fact, Conclusions of Law, Judgment and Decree in Case No.s 06CV64 and 07CW52, Water Division No. 3, dated May 27, 2010 the State Engineer shall review the Rio Grande Water Conservation District’s proposed Annual Replacement Plan (“ARP”) for Special Improvement District No. 1 pursuant to the statutory mandates, constitutional requirements and the provisions of any rules and regulations adopted in Division 3, and consider any letters, comments, or other objections submitted by water users regarding the adequacy of the ARP. To ensure that water users receive adequate opportunity to provide comment on the Subdistrict #1 ARP, the State Engineer has established a notification list known as the ARP 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: Laura Kalafus, Program Assistant, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, CO 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, e-mail: Laura.Kalafus@state.co.us. Directory: Courts -> Water -> Resumes -> Div3 Div3 -> District court, water division 3, state of colorado Div3 -> District court, water division 3, state of colorado Resumes -> District court, water division no. 2, Colorado Div3 -> District court, water division 3, state of colorado Resumes -> To all persons interested in water applications Download 61.78 Kb. Share with your friends:
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