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 May, 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. 2014CW5. Application for Finding of Reasonable Diligence in Alamosa County. 1. Name, mailing address, email address and telephone number of applicants: Michael L. Schreck and Sharon K. Schreck, 47468 CR B, Center, CO 81125, proseed@amigo.net, (719)850-1074. 2. Name of structure: Beck Pipeline Enlargement. Type: Stream appropriation. 3. Describe conditional water right from previous decree: A. Date of original decree: May 24, 2008; Case no. 2004CW32; Court: Water Court Division Three. C. Legal description: In the NE1/4 SE1/4, Section 22, Township 27 South, Range 73 West of the 6th Principal Meridian, Alamosa County Colorado as a point inside a bentonite lined retaining pond from which the NW Corner of Section 22 bears N 48 11’ 11” West a distance of 5203.52 feet. Field inspection by the Division of Water Resources found this point to be by GPS as NAD 83, 454000mE, 4170850mN, being 1,160 feet from the east line, and 1,790 feet from the south line of Section 22. See attached Exhibits A & B, to the application D. Source of water: South Arrastre Creek, tributary to Medano Creek, tributary to the Rio Grande River. E. Appropriation date: December 28, 2004 Amount: 220 gpm. F. Use: Hydro power. 4. 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: In the fall and winter of 2011, Jimmy Keith Beck, the prior holder of the subject water rights became delinquent on his obligations to the then mortgagee, Southern Colorado National Bank, now a part of Legacy Bank. The bank initiated a foreclosure action in early 2012. The foreclosure process was completed on May 30, 2012, when a public Trustee’s Deed was issued to Legacy Bank. During the spring and early summer of 2012, the bank actively marketed the subject mining claim and water rights. On August 1, 2012, Legacy Bank conveyed all its interest in the subject property and water rights to Mike and Sharon Schreck of Center, CO, by Special Warranty Deed. Since that time the Schreck’s have spent considerable time working out issues with the BLM. Because of the short escrow time period, they were unable to examine the subject decrees in great detail. Through the winter of 2012 and summer of 2013, Schrecks were able to eventually gather all the information about the subject water rights. Their intent was to begin installation of a hydroelectric power generation station in the late fall of 2013. However, heavy snows in mid-November, 2013 prohibited them from being able to start any work on the project. It does not appear that much work had been done since 2009, by Jimmy Beck. It is confirmed he was dealing with a life threatening illness which eventually lead to his financial collapse. The Schrecks wish to follow through with the hydroelectric project. Their property manager and agent has been in contact with Stone Technologies of Salida, CO. Stone has inspected the project and has provided the attached project proposal and cost estimate to install 3 commercial hydroelectric generators capable of producing a maximum total of 4,500 watts of electricity at a maximum flow rate of 225 GPM. Their intent is to have the project started in the mid to late summer of 2014. However, due to their principal occupation in farming limits their time and labor resources from getting the project completed in a timely fashion. Applicants are requesting a reasonable time period to complete the purchase of equipment and services, engage needed contractors to complete the project, as well as plan utilization of labor and equipment from their farming operation. A. The application shall include supporting evidence that applicant diverted water in-priority and applied such water to the beneficial uses claimed in the amounts claimed. 1. The prior three cases prove beneficial uses of the water right from South Arrastre Creek, has been diverted to beneficial use. The existing upgraded pipeline has proven capacity to enable it to achieve the 300 GPM maximum flow rate for this conditional decree. B. Description of place of use where water is applied to beneficial use. 1. Please see attached Exhibit B. The “Hydroelectric Station” facility indicated on map. Location information in UTM format: Northing 4170850 Easting 454000 Zone 13. Legal description using the Public Land Survey System: NE1/4 SE1/4, Section 22, Township 27S, Range 73W, 6th Principal Meridian; Distance from section lines: 1,790 Feet from South and 1,160 Feet from the East; Source of PLLS information: Colorado Division of Water Resources. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion of 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: U.S. Department of Interior, Bureau of Land Management, 1803 West U.S.Hwy 285, Attn: Andrew Archuleta, Monte Vista, CO 81144

(5 pages with attachments)

2014CW3010 The Rumaldo Gallegos Ditch, c/o Theodore Maestas, 21788 County Road J.2 San Pablo, CO 81152, (719) 845-7484; c/o Augustine Rodriguez, 21857 County Road J.2, San Pablo, CO 81152, (719) 206-0825; c/o Luz Martinez, 901 Cragmore Street, Denver, CO 80221 (303) 428-7673. c/o Peter D. Nichols, Esq., Leah K. Martinsson, Esq., Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302, (303) 402-1600; and Sarah Krakoff, Supervising Attorney, Mike Simpson, Student Attorney, Acequia Project, Getches-Wilkinson Center, University of Colorado Law School, UCB 401, Boulder, CO 80309, (303) 492-2641. APPLICATION FOR ABSOLUTE WATER RIGHTS OF THE RUMALDO GALLEGOS DITCH, ON SAN FRANCISCO CREEK, IN COSTILLA COUNTY. 2. Nature of Application: This is an application to appropriate water from San Francisco Creek that has been historically used by applicants and their forbearers for irrigation and stock watering. 3. Name of Structure: Rumaldo Gallegos Ditch 4. Legal description of point of diversion: The headgate is located at a point on the north bank of San Francisco Creek, whence the Northeast corner of Section 30, Township 2 North, Range 71 West of the 6th principle meridian bears N 12°25’56” E 1907.16 feet. See Map of Rumaldo Gallegos Ownership & Irrigation, Exhibit A. 5. Source: San Francisco Creek 6. Appropriation: A. Date of initial appropriation: June 1, 1883 B. How appropriation was initiated: Formulation of intent to apply water to beneficial use and actual application of water to that beneficial use. Construction of the Rumaldo Gallegos Ditch commenced on or about June 1, 1883 and was completed during 1883. C. Date water was applied to beneficial use: Water was diverted through the Rumaldo Gallegos Ditch for irrigation purposes and beneficially used during 1883, and such diversion and use has continued since that time. Water was diverted through the Rumaldo Gallegos Ditch and used for stock watering purposes since at least January 1, 1960, and such diversion and use has continued since that time. 7. Amount claimed: 47/80th cfs, absolute 8. Uses: irrigation of approximately 47 acres and stock watering purposes. These irrigated lands consist of three parcels that are individually owned by the Applicants, and are collectively shown on the attached Exhibit A. 9. The land owner upon which this structure is located: The headgate for the Rumaldo Gallegos Ditch is located on the land of: Thomas G. Navarro, 2377 S. Eldridge Ct., Lakewood, CO 80228. The ditch traverses lands that are owned by Applicants, see paragraph 1. 10. A map showing the point of diversion and irrigated lands is attached as Exhibit A. WHEREFORE, the Applicant prays this Court enter a decree: 1. Granting the subject water right as applied for herein; and 2. Granting such other and further relief as the Court deems proper.

(Application 6 pages)


2014CW3011, San Luis Valley Water Conservancy District, by and through its Augmentation Program Enterprise (“District” or “Applicant”), c/o Michael Gibson, Manager, 623 Fourth Street, Alamosa, Colorado 81101, (719) 589-2230. APPLICATION FOR CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION OF THE SAN LUIS VALLEY WATER CONSERVANCY DISTRICT, BY AND THROUGH ITS AUGMENTATION PROGRAM ENTERPRISE, IN ALAMOSA, CONEJOS, HINSDALE, MINERAL, RIO GRANDE AND SAGUACHE COUNTIES. Copies of all pleadings and correspondence should be sent to: Tod Smith, Esq., Law Office of Tod J. Smith, LLC, 2919 Valmont Road, Suite 205, Boulder, CO 80301 (Attorney for the Applicant). 2. Introduction and Background. The San Luis Valley Water Conservancy District (“District” or “Applicant”) is a water conservancy district created and existing pursuant to C.R.S. §§ 37-45-101 to -153. The District, through its Augmentation Program Enterprise, operates several decreed plans for augmentation which provide water to augment out-of-priority depletions resulting from the exercise of junior water rights owned by Augmentation Program Participants (“Participants”) located within the District’s boundaries. A map of the District’s current boundaries is attached to this Application as Exhibit 1. The District’s boundaries may change from time to time in accordance with Colorado law. The District’s existing decreed plans for augmentation, which the District operates through its Augmentation Program, have been decreed in Case Nos. 84CW16, 93CW43, 94CW62, 03CW41, 05CW13 and 07CW63, in the District Court for Alamosa County, Colorado, Water Division No. 3. A decree is pending final resolution in Case No. 09CW34, also in Water Division No. 3. A source of augmentation water for operation of the District’s Augmentation Program is derived from changes of its previously acquired interests in the Pine River-Weminuche Pass Ditch (aka Fuchs Ditch) (“Ditch”) water rights, a transbasin diversion originally decreed in Case No. 1248-B, District Court, La Plata County, Water District 31. In Case No. 84CW16, the District changed a one-quarter (1/4) interest in the Ditch for use in the plan for augmentation decreed in that case. Subsequently, the District changed an additional one-quarter (1/4) interest in the Ditch for inclusion in the plan for augmentation decreed in Case No. 94CW62. The change of water right in that case was based upon the same terms and conditions decreed in Case No. 84CW16. The District’s size has increased and the demand for augmentation water within the District has also increased. Accordingly, the District has acquired more of the Pine River-Weminuche Pass Ditch water rights as an additional source of augmentation water for use in its Augmentation Program. Therefore, by this Application the District seeks to change the use of an additional one-third (1/3rd) interest in the Ditch for inclusion in a plan for augmentation which will be operated under the District’s Augmentation Program, as described below. By this Application, the District does not seek any amendments, revisions, modifications, or other changes to the decrees previously entered in Case Nos. 84CW16 or 94CW62, or other decrees issued on the District’s behalf. 3. Jurisdiction and Venue of the District Court for Water Division No. 3. The appropriate venue in which to adjudicate this Application for change in use of transbasin water rights and plan for augmentation is and shall be in Water Division No. 3, the basin of use. See Department of Natural Resources v. Ogburn, 570 P.2d 4 (Colo. 1977); City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 30-31 (Colo. 1996). The two prior cases in which the District changed the use of Pine-River Weminuche Pass Ditch water rights, Case Nos. 84CW16 and 94CW62, were both adjudicated in Water Division No. 3. Statements of Opposition should be filed in Water Division No. 3. This Application is being noticed in the resume for Water Division No. 7, which is the basin of origin and the location of the point of diversion, for notice purposes only. 4. Previous Decree Information for Water Rights to be Changed. A. Water Rights: The District has purchased a one-third (1/3rd) interest in and to the following water rights decreed to the Pine River-Weminuche Pass Ditch (referred to in this Application as the “Ditch”), and its first and second enlargements:1965-13, 10/11/1934, 6.0 cfs; 1965-14, 11/2/1934, 6.0 cfs; 1965-19, 6/30/1936, 6.0 cfs. B. Original Decree: The water rights for the Ditch were awarded by the District Court, La Plata County, Colorado, Case No. 1248-B, on March 7, 1966, a transbasin diversion for irrigation of lands in Rio Grande County, Colorado. C. Decreed Point of Diversion: The Ditch diverts its supply from an unsurveyed location on the North Fork of the Los Pinos River (aka Rio De Los Pinos), a tributary of the San Juan River, on the west side of the Continental Divide. The location of the headgate is described in the original decree as follows: “When [sic] an Engelmann Spruce tree 16 inches in diameter blazed and marked with a cross B.T. bears S. 66°30’ E. 301.2 feet distant; also an Engelmann Spruce tree 12 inches in diameter blazed and marked with a cross B.T. bears S. 30°28’ E. 213 feet distant; also an Engelmann Spruce tree 16 inches in diameter blazed and marked with a cross B.T. bears 19°36’ W. 159.8 feet distant. Said headgate being located by courses and distances on Map No. 15851 filed in the office of the State Engineer of Colorado, on the 18th day of October, 1934.” D. Place of Delivery: The Ditch is constructed at a grade that carries the water from its diversion point across the Continental Divide and discharges into the Weminuche Creek drainage, which flows into Rio Grande Reservoir in the Rio Grande Basin. Because this water is transbasinwater, diverted from the San Juan Basin into the Rio Grande Basin, one-hundred percent (100%) of the water delivered to the Rio Grande Basin may be consumptively used in the plan for augmentation sought in this Application as set forth below. E. Place of Use: Lands located in the Rio Grande Basin situate in the SW¼ of Section 32 and NW¼ of Section 33, Township 40 North, Range 5 East, N.M.P.M., Rio Grande County, Colorado, in Water District No. 20, Irrigation Division No. 3. The one-third (1/3rd) interest in the Ditch water rights for which Applicant seeks a change of water rights, has historically been used to irrigate approximately 120 acres owned by John A. Weaver. The District has purchased a one-third (1/3rd) interest in the Ditch water rights from Mr. Weaver. Historically, Mr. Weaver’s share of the Ditch water was released from Rio Grande Reservoir, flowed down the Rio Grande and was diverted into the Minor Ditch. The Minor Ditch (WDID 320752) diverts from the Rio Grande at a location approximately 10.5 miles westerly of Del Norte, Colorado. The Ditch water was then carried in the Minor Ditch to a farm headgate where it was delivered to Mr. Weaver’s property for irrigation. F. Type of Use: Irrigation, fully consumable transbasin water. 5. Change of Use. A. The District seeks to change the Ditch water rights described in paragraph 4 above from irrigation to use as a source of augmentation water in the plan for augmentation described below, which will be operated through the District’s Augmentation Program. B. Decree Point of Diversion: The point of diversion will remain as set forth above in paragraph 4.C. C. Place of Delivery: The initial place of delivery will continue, as it has historically, to be in Rio Grande Reservoir as set forth above in paragraph 4.D. From Rio Grande Reservoir, the portion of the Ditch water rights that is the subject of this Application will be delivered, as is the previously changed Ditch water rights, to the Rio Grande mainstem to replace out-of-priority depletions caused by Participating Structures. C. Place of Use: Within the District’s current boundaries, as they may change from time to time in accordance with Colorado law, all within the Rio Grande Basin. D. Type of Use: The changed water rights will be made available on an annual basis for augmentation purposes to replace out-of-priority depletions to the Rio Grande Basin, including the Rio Grande mainstem, its tributaries, and the confined and unconfined aquifers, from water use associated with existing and future Participating Structures. The water may be stored as necessary in Rio Grande, Santa Maria and Continental Reservoirs pursuant to any necessary modifications of storage agreements between the District and each of the reservoir owners. The water will be released from these reservoirs upon demand by the State Engineer to replace out-of-priority depletions caused by Participating Structures. The District proposes to store this water on a carried forward annual basis in order to provide a sufficient source of augmentation water in times of shortage. E. Structures to be Augmented: The structures for which the changed Ditch water rights may be used include existing wells, ponds, or other structures currently included in and augmented through the District’s Augmentation Program, and new wells, ponds, or other structures which will divert surface water or groundwater within the District (as its boundaries currently exist and may change from time to time hereafter) for in-house domestic, domestic, including lawn and landscape irrigation, agricultural irrigation, commercial, industrial, pool evaporation and stockwatering. To be eligible to receive augmentation water, a structure owner must contract for augmentation water from the District which issues an Agreement and Augmentation Certificate to each Participant. The structures for which the District provides augmentation water are referred to in this Application as “Participating Structures.” A list of the existing Participating Structures is attached to this Application as Exhibit 2. 6. Plan for Augmentation. A. The amount and timing of out-of-priority depletions by Participating Structures will be determined in accordance with the Depletion Schedules adopted and applied by the Water Court in each of the District’s decreed plans for augmentation, including the pending decree in Case No. 09CW34.The Depletion Schedules are attached to this Application as Exhibit 3.The place of use of water used by Participants must be within the District’s boundaries, as those boundaries may change from time to time. B. The District or Participants in its Augmentation Program will install measuring devices on all Participating Structures for the administration of this plan for augmentation and operation of the District’s Augmentation Program as may be reasonably required by the State or Division Engineer. The District will submit periodic water use and depletion accounting forms sufficient to meet the reasonable accounting needs of the State or Division Engineers. C. The Ditch water rights have historically been stored in Rio Grande Reservoir, and pursuant to an agreement with the San Luis Valley Irrigation District, the District has and continues to store its previously changed portions of the Ditch water rights in Rio Grande Reservoir. The District also has agreements to store its water in Santa Maria and Continental Reservoirs. The three reservoirs are located as follows: Rio Grande Reservoir: Sections 5, 6, 7, 8, 9, 10, 13, 14, 15 and 16 Township 40 North, Range 4 West, and Sections 31 and 32, Township 41 North, Range 4 West, N.M.P.M., Hinsdale County, Colorado. The reservoir, with a capacity of approximately 51,000 acre-feet, collects water from the Rio Grande River and its tributaries, including Weminuche Creek. Santa Maria Reservoir: Sections 16, 21, 22, 27 and 28, Township 41 North, Range 2 West, N.M.P.M., Mineral County, Colorado. The reservoir, with a capacity of approximately 37,524 acre-feet, collects water from North Clear Creek, Bennett Creek and Boulder Creek. Its inlet ditch is located on the west side or right bank of North Clear Creek, approximately 5,398.10 feet from the SE corner of Section 1, Township 41 North, Range 3 West, N.M.P.M., Mineral County, Colorado. Continental Reservoir: Sections 21, 28 and 29, Township 42 North, Range 3 West, N.M.P.M., Hinsdale County, Colorado. The reservoir, with a capacity of approximately 26,716 acre-feet, impounds water from North Clear Creek. 7. Names and Addresses of Owners, Structures and of Land on which Structures Are Located. A. The Participating Structures are and will be located within the boundaries of the District as those boundaries may change from time to time. Generally, Participating Structures are located on the lands of the Participants owning such structure, but Participating Structures may also be located on the lands of other parties pursuant to permission, license, easement, right of way, or other authorization obtained by the Participant. B. The owners of the land on which the reservoirs are located are: Rio Grande Reservoir: San Luis Valley Irrigation District, 296 Miles Street, P.O. Box 637, Center, Colorado 81125, (719) 754-2254; Portions of Rio Grande Reservoir are located on land owned by United States: United States of America, c/o Rio Grande National Forest, Divide Ranger District, P.O. Box 270, Creede, Colorado 81130, (719) 658-2556; Santa Maria Reservoir: Santa Maria Reservoir Company, P.O. Box 288, Monte Vista, Colorado 81144, (719) 852-3556; Continental Reservoir: The owner of Continental Reservoir is the Santa Maria Reservoir Company. Continental Reservoir is located on land owned by the United States of America, whose address is set forth above under the Rio Grande Reservoir. WHEREFORE, the Applicant, the San Luis Valley Water Conservancy District, requests entry of a decree approving the change of water rights and plan for augmentation described herein, and granting such other relief as is deemed proper.

(Application 9 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 July, 2014, 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 11th day of June, 2014.

______________________________________

Shirley Skinner, Clerk of the Court

Alamosa Combined Courts

Water Court, Water Division 3

702 Fourth Street, Alamosa, CO 81101



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