DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME

Transcription

1 DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7 Pursuant to C.R.S , you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of December, 2017, for each county affected. 17CW17 PAX2013, Ltd., c/o Nicholas Hawkes, 3217 RD 41, Mancos, CO 81328: Murry Ditch; Mancos River; Montezuma County; Date of original decree, 4/21/05; Case no., 04CW72; Subsequent decrees, 12/31/11, 11CW20; NW1/4NW1/4NE1/4, Section 29, T35N, R13W, NMPM; 25 feet from North, 2425 feet from East; Weber Creek, tributary to Mancos River; Appropriation date, 5/20/04; Irrigation of 80 acres; Work towards completion of project outlined in application; 2.00 cfs. Amended Application for Finding of Reasonable Diligence (5 pages) 17CW18 PAX2013, Ltd., c/o Nicholas Hawkes, 3217 RD 41, Mancos, CO 81328: Murry Ditch; Mancos River; Montezuma County; Date of original decree, 4/21/05; Case no., 04CW72; Subsequent decrees, 12/31/11, 11CW20; NW1/4NW1/4NE1/4, Section 29, T35N, R13W, NMPM; 25 feet from North, 2425 feet from East; Weber Creek, tributary to Mancos River; Appropriation date, 5/20/04; Conditional 2.00 cfs; Irrigation of 80 acres; Amount to change, Conditional 2.00 cfs; Description of proposed change, Applicant wishes to combine the Murray Ditch water right with the decreed Graf Ditch by moving the legal point of diversion upstream into the Graf Ditch, the 80 acres decreed to the Murray Ditch will be irrigated through the Graf Ditch system under this decree, the Grad Ditch was decreed in W- 1375, Grad Ditch decreed location (corrected for original error in description) heads ft South of the North line of the SW1/4SE1/4 of Section 20, T35N, R13W, NMPM and 600 ft East of the West line of said tract in the NW1/4SW1/4SE1/4 of Section 20; Easting , Northing ; NW1/4SW1/4SE1/4, Section 20, T35N, R13W, NMPM; 1070 feet from South, 2040 feet from East; Amended Application for Simple Change in Surface Point of Diversion (5 pages) 17CW3044 CONCERNING THE APPLICATION FOR WATER RIGHTS OF LA PLATA COUNTY IN THE FLORIDA RIVER AND ITS TRIBUTARIES, IN LA PLATA COUNTY, COLORADO; APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS, FOR APPROVAL OF PLAN FOR AUGMENTATION, AND FOR APPROVAL OF PLAN FOR EXCHANGE 1. APPLICANT: Board of County Commissioners, La Plata County, 1101 East Second Avenue, Durango, CO 81301, (970) Please address all correspondence to: Kathleen Lyon, La Plata County Attorney s Office, 1060 East 2nd Avenue, Suite 140, Durango, CO 81301, (970) , lyon@lpcattorney.org. 2. OVERVIEW: With this Application, La Plata County seeks approval of an integrated water supply plan, to provide a water supply to its Road and Bridge Department for routine road maintenance and construction services, that includes: (a) several conditional surface water rights; (b) approval of a plan for augmentation to replace out-of-priority depletions to the Florida River as necessary to prevent injury to senior water rights; and (c) approval of a conditional appropriative right of exchange associated with operation of the proposed plan for augmentation. Applicant does not anticipate any physical changes to structures or facilities at this time; this application currently contemplates a use enlargement only. 3. FIRST CLAIM FOR CONDITIONAL SURFACE WATER RIGHTS: A. Name(s) of Structure(s): LPC Florida Canal POD; LPC Florida Farmers Ditch POD; LPC Pioneer Ditch POD; LPC Durango-A POD; LPC Ignacio-A POD; LPC Ignacio-B POD; LPC Bayfield-A POD. B. Type of Structure(s): points of diversion. C. Legal Description of Each Point of Diversion/Structure: The seven (7) points of diversion ( PODs ) are listed below and shown on

2 Exhibit 1 of the Application filed with the Court. The Applicant will develop necessary agreements and/or easements or take other measures, as needed, to access and use haul points off of the Florida River and its tributaries and off of lateral ditches, canals, reservoirs, or other delivery structures with the owners of such ditches, canals, reservoirs and/or structures. Diversion Point - Legal Description: (1) LPC Florida Canal POD A point in the NE ¼ of the SW ¼ of Section 8 T35N, R8W, N.M.P.M. 1,342 feet from the south section line and 1,691 feet from the west section line of said section 8. UTM coordinates: Easting: Northing: (NAD 83, Zone 13); (2) LPC Florida Farmers Ditch POD A point in the SW ¼ of the SW ¼ of Section 18 T35N, R8W N.M.P.M. 281 feet from the south section line and 1,119 feet from the west section line of said section 18. UTM coordinates Easting: Northing: (NAD 83, Zone 13); (3) LPC Pioneer Ditch POD A point in the SW ¼ of the SW ¼ of Section 32 T35N, R8W, N.M.P.M. 865 feet from the south section line and 845 feet from the west section line of said section 32. UTM coordinates: Easting: Northing: (NAD 83, Zone 13); (4) LPC Durango-A POD A point in the NE ¼ of the SW ¼ of Section 20 T36N, R7W, N.M.P.M. 1,592 feet from the south section line and 1,494 feet from the west section line of said section 20. UTM coordinates Easting: Northing: (NAD 83, Zone 13); (5) LPC Ignacio-A POD A point in the NE ¼ of the SW ¼ of Section 32 T34N, R8W, N.M.P.M. 1,652 feet from the south section line and 1,844 feet from the west section line of said section 32. UTM coordinates: Easting: Northing: (NAD 83, Zone 13); (6) LPC Ignacio-B POD A point in the NW ¼ of the SW ¼ of Section 1 T33N, R9W, N.M.P.M. 1,744 feet from the south section line and 11 feet from the west section line of said section 1. UTM coordinates: Easting: Northing: (NAD 83, Zone 13); (7) LPC Bayfield-A POD - A point in the NW ¼ of the NE ¼ of Section 15U T34N, R8W, Ute P.M. 936 feet from the north section line and 1,344 feet from the east section line of said section 15U. UTM coordinates: Easting: Northing: (NAD 83, Zone 13). D. Source: Florida River and its tributaries. E. Appropriation: i. Date: application date; ii. How appropriation was initiated: filing the application in this case; iii. Date water applied to beneficial use: N/A. F. Amount: 0.75 cfs conditional. G. Uses: i. Proposed Use: Municipal and Industrial, for County road and bridge purposes; ii. Place of Use: La Plata County (see Exhibit 2 of the Application filed with the Court). H. Name/Address of Owners of Land Where Structures Will Be Located and Ditch Companies: (See Exhibit 3 to the Application filed with the Court.) The names and mailing addresses are as follows: Triple S Odyssey LP, PO Box 234, Johnson City, TX (POD head gate location); State of Colorado, Division of Wildlife, 6060 Broadway, Denver, CO (haul point); U.S. Dept. of Interior, Bureau of Reclamation, 185 Suttle Street, Suite 2, Durango, CO and PO Box 640 Attn: 400, Durango, CO (POD head gate location); Macho Family Trust, 4976 County Rd 234, Durango, CO (POD head gate location); Florida Consolidated Ditch Company, PO Box 2138, Durango, CO (ditch company); Florida Water Conservancy District, 1523 County Rd 243, Durango, CO 81301; Franklin H. and Stephen B. Kahn, Trustees, 1011 Spruce, Boulder, CO (POD head gate location); The Pioneer Ditch Company, PO Box 384, Durango, CO (ditch company); Arlene M Rea, 1911 County Rd 309A, Ignacio, CO (POD & haul point). As stated in Section 3.B above, the structures in this application are points of diversion. Applicant does not anticipate construction of any new diversion or storage structures or any modifications to existing diversion or storage structures or existing storage pools. 4. SECOND CLAIM FOR PLAN FOR AUGMENTATION: A. Name(s) of Structure(s) to be Augmented: Surface water rights described above in the First Claim. B. Water Rights to Be Used for Augmentation: Florida River water stored in Lemon Reservoir. To protect senior water rights, Applicant has entered in to a Water Reservation Agreement with the Florida Water Conservancy District to reserve 5.0 acre-feet of water per year for augmentation purposes to replace Applicant s out-of-priority diversions. Upon completion of this Decree, Applicant will enter into a long-term water service agreement for releases from Lemon Dam for up to 5.0 acre-feet of water per year to replace Applicant s out-of-priority diversions. The water rights decreed to the Florida Water Conservancy District for use in plans of augmentation in Case Numbers W through W as amended in 1994 for use of 114 acre feet of storage water to be used for augmentation. Legal description: The axis of the dam is located in Section 17 and 20, Township 36

3 North, Range 7 West, N.M.P.M. beginning at a point on the right abutment, from whence the Southwest corner of Section 17, Township 36 North, Range 7 West, N.M.P.M., bears South 84 34' West, a distance of 1,699.6 feet, thence South 63 22' East a distance of 1,320 feet to a point on the end of the axis of the dam and rock fill structure. C. Change: The Applicant does not intend to change a water right to provide a source of augmentation. D. Statement of Plan for Augmentation (including exchanges): i. Overview: This augmentation plan is intended to provide for out-of-priority depletions caused by the diversions made for County Road and Bridge purposes. Release of augmentation water may vary at the discretion of the Water Commissioner or the Division Engineer. Diversions under the La Plata County Road and Bridge Water Rights, when out-of-priority, will be fully augmented by releases from the water rights described above in 4.B. Diversions from tributaries will only be made when there is exchange potential, as determined by the Division Engineer. For replacement of out-of-priority depletions, Applicant may use the sources described above; ii. Calculation of Depletions: All diversions are assumed to be 100% depletive. The maximum rate of diversion at any POD is 0.75 cfs, and the maximum cumulative amount of out-of-priority diversions from all PODs, including transit loss, will not exceed 5.0 acre-feet per year. If the applicant reaches 5.0 acre-feet of out-of-priority depletions on an annual basis, the applicant will curtail pumping from the Florida River Basin until arrangements are made for adding additional augmentation supplies. Applicant, or its successors in ownership of the water rights under the decree, shall be responsible for ensuring that the water uses stay within the allowed depletions under the decree; iii. Accounting: Accounting for all depletions will be done on an annual basis and provided to the Division Engineer and the Florida Water Conservancy District. Accounting will include transit loss from Lemon Reservoir to the PODs, based on their locations and a rate of 0.625% per mile, subject to approval by the Division Engineer; iv. Place of Use: La Plata County (see Exhibit 2 of the Application filed with the Court); v. Additional Information: Within thirty (30) days of execution of a Decree by the Court, Applicant shall deliver to the Florida Water Conservancy District a completed and signed Third Party Agreement for Purchase of Florida Project Storage Water for Long Term Water Service ( Third Party Contract ), together with the first year s payment. This Decree will be expressly contingent on the Applicant, Florida Water Conservancy District and Bureau of Reclamation entering into such Third Party Contract. Applicant shall provide a fully executed Third Party Contract to the Division Engineer within six (6) months of the entry of Decree. If Applicant shall fail to provide the Third Party Contract, the Division Engineer shall notify the Court, and this matter shall set on the docket for a compliance review. E. Name/Address of Owners of Land Where Structures Will Be Located and Ditch Companies: See Section 3.H above. As stated in Section 3.B above, the structures in this application are points of diversion. Applicant does not anticipate construction of any new diversion or storage structures or any modifications to existing diversion or storage structures or existing storage pools. 5. THIRD CLAIM FOR APPROVAL OF PLAN FOR EXCHANGE: A. Name(s) of Structure(s): Salt Creek Exchange. B. Overview: Exchange from LPC Bayfield-A POD on Salt Creek to the confluence of Salt Creek with the Florida River. C. Legal Description: i. Upstream Terminus: The upstream terminus of the exchange is the POD at LPC Bayfield-A, as described above in the First Claim and depicted on the map attached as Exhibit 1 of the Application filed with the Court; ii. Downstream Terminus: The downstream terminus of the exchange is the confluence of Salt Creek with the Florida River located in the NE ¼ of the SE ¼ of Section 2, Township 33 N, Range 9W of the NMPM. Generally, a point located 1740 feet from the south section line and 45 feet from the east section line of said Section 2. UTM coordinates Easting Northing (NAD 83, Zone 13). D. Source: Water described in Paragraph 4.B above. E. Appropriation: i. Date: application date; ii. How appropriation was initiated: filing the application in this case; iii. Date water applied to beneficial use: N/A. F. Amount/Max Rate of Exchange: 0.75 cfs conditional. G. Description of Proposed Exchange: The LPC Bayfield-A POD will be used on Salt Creek only when in priority or when out-of-priority (from a call administered from a water right located downstream of the confluence of Salt Creek and the Florida River) when there is exchange potential, as approved by the Division Engineer. These exchanges will operate in conjunction with the Plan for Augmentation described above in Applicant s Second Claim. H. Name/Address of Owners of Land Where Structures Will Be

4 Located and Ditch Companies: See Section 3.H above. As stated in Section 3.B above, the structures in this application are points of diversion. Applicant does not anticipate construction of any new diversion or storage structures or any modifications to existing diversion or storage structures or existing storage pools. WHEREFORE, Applicant respectfully request a ruling and decree of the Court granting the claims made herein. (8 pages) 17CW3045 Colorado Water Conservation Board ( CWCB ), 1313 Sherman Street, Suite 718, Denver, CO Telephone: (303) Please direct all future correspondence and pleadings regarding this Application to: Jeffrey Candrian, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7 th Floor, Denver, CO Telephone: (720) Jeffrey.candrian@coag.gov. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN LA PLATA COUNTY, COLORADO. 2. Name of water right: Vallecito Creek Instream Flow Water Right. 3. Legal Description: The Vallecito Creek Instream Flow Water Right is located in the natural stream channel of Vallecito Creek from the Weminuche Wilderness Boundary to the U.S. Forest Service (USFS) Property Boundary, a distance of approximately 0.51 miles. A map depicting the approximate location of the Vallecito Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Weminuche Wilderness Boundary: 1. UTM: Northing: ; Easting: (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 37 28' 38.50"N and longitude ' 38.47"W B. Downstream Terminus: USFS Property Boundary: 1. UTM: Northing: Easting: (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 37 28' 17.27"N and longitude ' 51.51"W C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Vallecito Creek, tributary to Los Pinos River. 5. A. Date of initiation of appropriation: March 23, B. How appropriation was initiated: Appropriation and beneficial use occurred on March 23, 2017, by the action of the CWCB pursuant to sections (3) and (4) and (3), (4) and (10), C.R.S. (2017). C. Date applied to beneficial use: March 23, Amount of water claimed: Instream flow of 20 cfs (01/01-03/15), 33 cfs (03/16-04/15), 92 cfs (04/16-08/31), 70 cfs (09/01-10/31), 45 cfs (11/01-11/15), 31 cfs (11/16-12/14), and 25 cfs (12/15-12/31), absolute. 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section (2)(b), C.R.S. (2017), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section (3), C.R.S. (2017). As an instream flow water right, the CWCB s appropriation does not require diversion structures or storage. See Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); (4)(c), C.R.S. (2017). As a surface water right, the CWCB s appropriation of instream flow water rights does not involve construction of a well. 9. Remarks: This appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to sections (3) & (4) and (3), (4) & (10), C.R.S. (2017). The purpose of the CWCB s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on July 19, 2017, the CWCB determined, pursuant to section (3)(c), C.R.S. (2017), that the natural environment of Vallecito Creek will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB s water rights herein, if granted; and that such environment can exist without material injury to water rights. (6 pages) 17CW3046 Colorado Water Conservation Board ( CWCB ), 1313 Sherman Street, Suite 718, Denver, CO Telephone: (303) Please direct all future correspondence and pleadings

5 regarding this Application to: Jeffrey Candrian, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7 th Floor, Denver, CO Telephone: (720) Jeffrey.candrian@coag.gov. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN HINSDALE COUNTY, COLORADO. 2. Name of water right: Little Sand Creek Instream Flow Water Right. 3. Legal Description: The Little Sand Creek Instream Flow Water Right is located in the natural stream channel of Little Sand Creek from its headwaters to the confluence with Weminuche Creek, a distance of approximately 8.07 miles. A map depicting the approximate location of the Little Sand Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Little Sand Creek Headwaters in the Vicinity of: 1. UTM: Northing: ; Easting: (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 37 31' 21.23"N and longitude ' 7.52"W B. Downstream Terminus: Confluence with Weminuche Creek: 1. UTM: Northing: Easting: (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 37 26' 6.08"N and longitude ' 30.15"W C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Little Sand Creek, tributary to Weminuche Creek, tributary to Piedra River, tributary to San Juan River. 5. A. Date of initiation of appropriation: March 23, B. How appropriation was initiated: Appropriation and beneficial use occurred on March 23, 2017, by the action of the CWCB pursuant to sections (3) and (4) and (3), (4) and (10), C.R.S. (2017). C. Date applied to beneficial use: March 23, Amount of water claimed: Instream flow of 1.5 cfs (12/01-02/29), 1.9 cfs (03/01-03/31), 3.6 cfs (04/01-04/15), 6.6 cfs (04/16-07/31), 3 cfs (08/01-09/15), 2.2 cfs (09/16-09/30), 3 cfs (10/01-11/30), absolute. 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section (2)(b), C.R.S. (2017), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section (3), C.R.S. (2017). As an instream flow water right, the CWCB s appropriation does not require diversion structures or storage. See Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); (4)(c), C.R.S. (2017). As a surface water right, the CWCB s appropriation of instream flow water rights does not involve construction of a well. 9. Remarks: This appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to sections (3) & (4) and (3), (4) & (10), C.R.S. (2017). The purpose of the CWCB s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on July 19, 2017, the CWCB determined, pursuant to section (3)(c), C.R.S. (2017), that the natural environment of Little Sand Creek will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB s water rights herein, if granted; and that such environment can exist without material injury to water rights. (5 pages) 17CW3047 District Court, Water Division No. 7, La Plata County, Colorado, 1060 E. 2nd Ave., Durango, Colorado 81301, CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART OF FOREST LAKES METROPOLITAN DISTRICT, in the Pine River or its tributaries, in La Plata County. Applicant: Forest Lakes Metropolitan District, P.O. Box 440, Bayfield, CO 81122, Name of Structures: Forest Lakes Infiltration Gallery, Forest Lakes Wells No. 1, No. 2, No.3 and No. 4. Date of Original Decree: July 12, 1974, Case No. W Court: Water Court Division 7, La Plata County. Legal Description: See Exhibit B of Application. Decreed Source of Water: Pine River Aquifer. Appropriation Date: June 27, Decreed Amount: 0.94 c.f.s. Conditional, 0.73 c.f.s. Absolute, for

6 a total of 1.67 c.f.s. water right. In this Application, 0.47 c.f.s of the Conditional 0.94 c.f.s. water right has been put to Absolute use, leaving 0.47 c.f.s. as a Conditional water right. Consequently, out of the 1.67 c.f.s. water right, the Applicant is claiming 1.20 c.f.s. as Absolute, and the balance of 0.47 c.f.s. as Conditional water. Use: Municipal, domestic, fire protection. Outline: See Application for more detail. Attorney for Applicant: Frank J. Anesi, Reg. 1365, P.O. Box 2185, Durango, Colorado 81302, (16 pages) 17CW3048 Archuleta County, APPLICATION FOR AN ABSOLUTE UNDERGROUND WATER RIGHT AND FOR ABSOLUTE WATER STORAGE RIGHTS. Applicants, Jerry & Terri Smith, 200A Ranch Place, Pagosa Springs, CO 81147, Please direct all correspondence to Amy N. Huff, COLORADO WATER AND LAND LAW, LLC, 679 E. 2 nd Ave., Ste 11B, Durango, CO 81301, , amy@waterland-law.com. A. SMITH WELL, Permit No F. UTM coordinates N ; E ; Street Address: 200A Ranch Place, Pagosa Springs, CO Bear Springs Ranch, Lot: 1. NW ¼ SE ¼ of Section 15, T34N, R2W, NMPM, 2273 Feet from the South Section line and 2162 Feet from the East Section line. Source: Groundwater tributary to San Juan River. Depth: 137 feet. App Date: 8/30/2006. Amt. 150 gpm, Absolute; 35 AF. Uses: Irrigation of up to 10 acres, stock, fire protection, storage in Smith Pond I. B. SMITH POND I. UTM coordinates N ; E Street Address: 200A Ranch Place, Pagosa Springs, CO Bear Springs Ranch, Lot: 1. NW ¼ SE ¼ of Section 15, T34N, R2W, NMPM, 2064Feet from the South Section line and 1786 Feet from the East Section line. Source: Surface runoff tributary to San Juan River. App Date: 12/28/2017. Amt. 5 AF, Absolute. Uses: Irrigation of up to 10 acres, stock, fire protection, on Applicants property. C. SMITH POND II. UTM coordinates N ; E Street Address: 200B Ranch Place, Pagosa Springs, CO Bear Springs Ranch, Lot: 2. NE ¼ SE ¼ of Section 15, T34N, R2W, NMPM, 1351 Feet from the South Section line and 756 Feet from the East Section line. Source: Surface runoff tributary to San Juan River. App Date: 12/28/2017. Amt AF, Absolute. Uses: Irrigation of up to 15 acres, stock, fire protection, on Applicants property. Applicants own the land upon which all of the structures described herein are located. See Application for additional information. (9 pages) 17CW3049 AMENDED APPLICATION FOR A FINDING OF REASONABLE DILIGENCE, Montezuma County. (1) Applicant: Dolores Water Conservancy District, Attn: Michael Preston, General Manager, P.O. Box 1150, Cortez CO (2) Direct all correspondence to: John Barlow Spear, Adam T. Reeves, Daniel F. McCarl, Maynes, Bradford, Shipps & Sheftel, LLP, 835 E. Second Avenue, Suite 123, Durango, CO (3) (A) Structure: BEAVER RESERVOIR (i) Original Decree: Case No. 967, Adjudication Date: December 18, 1933; (ii) Location: Sections 16 and 17, T37N, R16W, N.M.P.M.; More specific legal description of Location: More specific legal description of Location: Section 23: NE ¼, Section 24: NW ¼, Section 14: NE ¼ & SE ¼, Section 11: NE ¼ & SE ¼ all in T40N, R14W, N.M.P.M. (iii); Source: Little Beaver and Beaver Creek, tributary to Dolores River; (iv) Appropriation Date: October 24, 1929 (D-9R); (v) Amount: 16,209.6 acre-feet ("AF"), Conditional; (vi) Use: Irrigation (B) Structure: BEAR CREEK RESERVOIR (i) Original Decree: Case No.: 967, Adjudication Date: December 18, 1933; (ii) Location: Sections 5, 6, 7 & 8, T37N, R16W, N.M.P.M. and Sections 1, 11, 12 & 14, T37N, R17W, N.M.P.M.; More specific legal description of Location: Section 9, T38N, R12W, N.M.P.M. (iii) Source: Bear Creek, tributary to Dolores River; (iv) Appropriation Date: August 17, 1922 (D-8R); (v) Amount: 7, AF, Conditional; (vi) Use: Irrigation (C) Structure: DAWSON RESERVOIR (i) Original Decree: Case No.: 967, Adjudication Date: December 18, 1933; (ii) Location: Sections 5, 6, 7 & 8, T37N, R16W, N.M.P.M. and Sections 1, 11, 12 & 14, T37N, R17W, N.M.P.M.; More specific legal description of Location: Section 14: NE ¼ & NW ¼, Section 11: SE ¼, and Section 12, all in T37N, R17W, N.M.P.M. (iii) Source: Dolores River; (iv) Appropriation Date: August 17, 1922 (D-8R); (v) Amount: 33, AF, Conditional; (vi) Use: Irrigation and other beneficial uses (4) Remarks: The following is an outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed. The Dolores Project, as planned by Reclamation, consists of McPhee Reservoir and Dawson

7 Reservoir (See C) above. The growing Dolores Project System ("System") serves the Montelores community. The System includes Beaver Reservoir and the Bear Creek Reservoir. The System also includes, as well, two Plateau Creek storage projects to protect the fishery and develop power. As part of the System, DWCD purchased Totten Reservoir from MVIC in 2002 and acquired 1,500 shares of "B" stock (6,000 AF) in MVIC for over $2.3 million. Applicant has participated in the following System development and maintenance activities during the last diligence period: (A)Funded the establishment of snotel sites which can help determine water availability in the basin where Beaver Reservoir and Bear Creek Reservoir will be located; (B)Changed the point of diversion for McPhee water rights in case 15 CW The change in the point of diversion completes a long-standing requirement to change the point of diversion for water flows into McPhee Reservoir, including those that may come from Beaver Reservoir and Bear Creek reservoir; (C)Dawson Reservoir is being considered for storage of irrigation return flows from the Dolores Project into Dawson Draw. DWCD staff has visited the site and in 2012 toured it with representatives of the Division of Water Resources. Dawson Reservoir has been the subject of DWCD Board of Directors discussions on its viability; (D) DWCD consultants and attorneys engaged in negotiations to limit the impact of the proposed CWCB instream flows in the San Miguel River Basin and the mainstem of the lower Dolores River; (E) Facilitated studies of pumpback storage possibilities, primarily the proposed Plateau Reservoirs, which would affect the System, including Beaver Reservoir, Bear Creek Reservoir and Dawson Reservoir. The Plateau Pumpback Scoping Report & Environmental Reconnaissance by Tetra Tech (originally Inca) covered these related water storage issues. DWCD paid $30,000 of the $90,000 total cost for the reconnaissance plan; (F) Filed for and obtained findings of reasonable diligence for water rights within the System, such as Plateau Creek Reservoir in Case 15 CW 3036 and for the 505 cfs of Main Canal Nos. 1 and 2 in Case 15 CW The diligence proceedings for these water rights involved DWCD expenses for attorney fees and court costs; (G) Since the Aspinall Unit is the reasonable and prudent alternative for the Dolores Project, under the Endangered Species Act, DWCD continued to pay funds into Colorado River Recovery Program to assist in establishing a fishery for native fish. During the diligence period, DWCD has paid the Colorado Water Congress funds in support of Tom Pitts' representation of water users in the Upper Colorado River Recovery Implementation Program; (H) Since 2011, the DWCD has been in negotiations, with MVIC, in regard to expanded uses for MVIC s Groundhog Reservoir in Case 12CW20 and finally reached terms of settlement for the entry of a decree in December DWCD continues to work with MVIC and other stakeholders regarding operations and effects on McPhee; (I) DWCD actively engaged in negotiations with, and provided comments to, the U.S. Forest Service and the Bureau of Land Management in regard to Resource Management Plan language for instream flow rights on government lands and how those rights affect operation and water availability for the System, which includes Beaver Reservoir, Bear Creek Reservoir and Dawson Reservoir; (J) DWCD has provided water from Totten reservoir to users in the McElmo River basin in an effort to determine needs within the System. Dawson reservoir may be used to supplement irrigation water DWCD might provide McElmo water users or provide a source to bolster irrigation water supplies that DWCD has been selling to the Ute Mountain Ute Tribe; (K) DWCD has actively engaged in hearings conducted by the Colorado Water Quality Control Commission to monitor testing and research for water impairment standards which could directly affect water availability in the System, including but not limited to water storage provided by Bear Creek reservoir, Beaver Reservoir, and Dawson Reservoir; (L) The Board of Directors for DWCD have reviewed the System, including Beaver Reservoir, Bear Creek Reservoir and Dawson Reservoir in brainstorm sessions held each year to analyze the proposed locations of the three water facilities on maps developed by DWCD, to discuss the viability and cost-effectiveness of developing the three reservoirs covered by this water right, and to receive legal advice. (6 pages) 17CW3050 MINERAL COUNTY, DISTRICT COURT, WATER DIVISION 7, COLORADO, Court Address: 1060 E. Second Ave., Durango, CO 81301, Phone: (970) , APPLICATION FOR WATER STORAGE RIGHTS AND GROUND AND SURFACE WATER RIGHTS. A. Applicant: Bootjack Ranch, LLC E. Hwy. 160 Pagosa Springs, CO Telephone: (970) c/o

8 Wayne F. Forman, Esq., Brownstein Hyatt Farber Schreck, LLP, th Street, Suite 2200, Denver, CO 80202, Phone: (303) ; Fax: (303) ; B. Water Storage Rights. 1. Marie Lake. a. Legal Description: The center of the dam creating Marie Lake is located in the SW¼ NW¼ of Section 29, T.37N., R.1E., N.M.P.M., Mineral County--UTM Coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. b. Description of Marie Lake: (1) Area: 0.98 acres. (2) Active Volume: 0 acre feet. (3) Dead Storage: 5.34 acre feet. (4) Average Depth: 5.44 feet. (5) Dam length: 200 feet. (6) Dam height: 10 feet. c. Sources of Water: (1) West Fork of the San Juan River (West Fork) via the Brown South Well. Legal Description of Brown South Well: The diversion point is located on the west bank of the West Fork in the NE¼ SW¼, Section 29, T.37N., R.1E., N.M.P.M., 2,320 feet from the South Section line and 2,200 feet from the West Section line of said Section 29. Also described as UTM coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. Water from the Brown South Well is first delivered into Elizabeth Lake described below, which overflows into a ditch which fills Marie Lake. See Figure 1. (2) Unnamed tributary of the West Fork via the Elizabeth Lake Ditch. Legal Description of Elizabeth Lake Ditch: The diversion point is located in the SW1/4 NW1/4 Section 29, T.37N., R.1E., N.M.P.M., Mineral County-- UTM coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: Water from Elizabeth Lake Ditch is first delivered into Elizabeth Lake which overflows into a ditch which fills Marie Lake. See Figure 1. (3) Unnamed tributary of the West Fork. Marie Lake is an on-channel reservoir which impounds water from the unnamed tributary of the West Fork at the location of the Marie Lake dam described above. See Figure 1. d. Appropriation Date: November 16, (1) How initiated: Formation of an intent to appropriation and actual construction of Marie Lake. (2) Date Water Applied to Beneficial Use: May 31, e. Fill rate: 300 gpm for Brown South Well; 1 c.f.s. for Elizabeth Lake Ditch; 1 c.f.s for unnamed tributary. f. Amount: 5.34 acre feet, Absolute, with the right to fill and continuously refill in priority to keep the lake full throughout the year. g. Uses: piscatorial, wildlife watering and habitat enhancement, recreation, fire-fighting, aesthetics. 2. Elizabeth Lake. a. Legal Description: The center of the dam creating Elizabeth Lake is located in the NW¼ NW¼ of Section 29, T.37N., R.1E., N.M.P.M., Mineral County--UTM Coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. b. Description of Elizabeth Lake: (1) Area: 1.40 acres. (2) Active Volume: 0 acre feet. (3) Dead Storage: acre feet. (4) Average Depth: 8.25 feet. (5) Dam length: 100 feet. (6) Dam height: 10 feet. c. Sources of Water: (1) West Fork via the Brown South Well. Legal Description of Brown South Well: The diversion point is located on the west bank of the West Fork in the NE¼ SW¼, Section 29, T.37N., R.1E., N.M.P.M., 2,320 feet from the South Section line and 2,200 feet from the West Section line of said Section 29. Also described as UTM coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. (2) Unnamed tributary of the West Fork via the Elizabeth Lake Ditch. Legal Description of Elizabeth Lake Ditch: The diversion point is located in the SW1/4 NW1/4 Section 29, T.37N., R.1E., N.M.P.M., Mineral County--UTM coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: Water from Elizabeth Lake Ditch is first delivered into Elizabeth Lake which overflows into a ditch which fills Marie Lake. See Figure 1. d. Appropriation Date: November 16, (1) How initiated: Formation of an intent to appropriation and actual construction of Elizabeth Lake. (2) Date Water Applied to Beneficial Use: May 31, 2011 e. Fill rate: 300 gpm for Brown South Well; 1 c.f.s. for Elizabeth Lake Ditch. f. Amount: acre feet, Absolute, with the right to fill and continuously refill in priority to keep the lake full throughout the year. g. Uses: piscatorial, wildlife watering and habitat enhancement, recreation, fire-fighting, aesthetics. 3. Upper Twin Lake 1. a. Legal Description: The center of the dam creating Upper Twin Lake 1 is located in the NW¼ NW¼ of Section 29, T.37N., R.1E., N.M.P.M., Mineral County--UTM Coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. b. Description of Upper Twin Lake 1: (1) Area: 0.19 acres. (2) Active Volume: 0 acre feet. (3) Dead Storage: 0.72 acre feet. (4) Average Depth: 3.75 feet. (5) Dam length: 50 feet. (6) Dam height: 5 feet. c. Sources of Water: (1) West Fork via the Brown South Well. Legal Description of Brown South Well: The diversion point is located on the west bank of the West Fork in the NE¼ SW¼, Section 29, T.37N., R.1E., N.M.P.M., 2,320 feet from the South Section line and 2,200 feet from the West Section line of said Section 29. Also described

9 as UTM coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: Water from the Brown South Well is first delivered into Upper Twin Lake 3 described below, which overflows into a ditch which then fills Upper Twin Lake 2 and Upper Twin Lake 1. See Figure 1. d. Appropriation Date: October 1, (1) How initiated: Actual construction and filling of Upper Twin Lake 1. (2) Date Water Applied to Beneficial Use: October 1, e. Fill rate: 300 gpm for Brown South Well. f. Amount: 0.72 acre feet, Absolute, with the right to fill and continuously refill in priority to keep the lake full throughout the year. g. Uses: piscatorial, wildlife watering and habitat enhancement, recreation, fire-fighting, aesthetics. 4. Upper Twin Lake 2. a. Legal Description: The center of the dam creating Upper Twin Lake 2 is located in the NW¼ NW¼ of Section 29, T.37N., R.1E., N.M.P.M., Mineral County--UTM Coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. b. Description of Upper Twin Lake 2: (1) Area: 0.16 acres. (2) Active Volume: 0 acre feet. (3) Dead Storage: 0.49 acre feet. (4) Average Depth: 3.06 feet. (5) Dam length: 60 feet. (6) Dam height: 5 feet. c. Sources of Water: (1) West Fork via the Brown South Well. Legal Description of Brown South Well: The diversion point is located on the west bank of the West Fork in the NE¼ SW¼, Section 29, T.37N., R.1E., N.M.P.M., 2,320 feet from the South Section line and 2,200 feet from the West Section line of said Section 29. Also described as UTM coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: Water from the Brown South Well is first delivered into Upper Twin Lake 3 described below, which overflows into a ditch which fills Upper Twin Lake 2. See Figure 1. d. Appropriation Date: October 1, (1) How initiated: Actual construction and filling of Upper Twin Lake 2. (2) Date Water Applied to Beneficial Use: October 1, e. Fill rate: 300 gpm for Brown South Well. f. Amount: 0.49 acre feet, Absolute, with the right to fill and continuously refill in priority to keep the lake full throughout the year. g. Uses: piscatorial, wildlife watering and habitat enhancement, recreation, fire-fighting, aesthetics. 5. Upper Twin Lake 3. a. Legal Description: The center of the dam creating Upper Twin Lake 3 is located in the NW¼ NW¼ of Section 29, T.37N., R.1E., N.M.P.M., Mineral County--UTM Coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. b. Description of Upper Twin Lake 3: (1) Area: 0.05 acres. (2) Active Volume: 0 acre feet. (3) Dead Storage: 0.11 acre feet. (4) Average Depth: 2.2 feet. (5) Dam length: 50 feet. (6) Dam height: 5 feet. c. Sources of Water: (1) West Fork via the Brown South Well. Legal Description of Brown South Well: The diversion point is located on the west bank of the West Fork in the NE¼ SW¼, Section 29, T.37N., R.1E., N.M.P.M., 2,320 feet from the South Section line and 2,200 feet from the West Section line of said Section 29. Also described as UTM coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. d. Appropriation Date: October 1, (1) How initiated: Actual construction and filling of Upper Twin Lake 3. (2) Date Water Applied to Beneficial Use: October 1, e. Fill rate: 300 gpm for Brown South Well. f. Amount: 0.11 acre feet, Absolute, with the right to fill and continuously refill in priority to keep the lake full throughout the year. g. Uses: piscatorial, wildlife watering and habitat enhancement, recreation, fire-fighting, aesthetics. C. Ground Water Right. 1. Brown South Well First Enlargement. a. Legal Description of Brown South Well: The diversion point is located on the west bank of the West Fork in the NE¼ SW¼, Section 29, T.37N., R.1E., N.M.P.M., 2,320 feet from the South Section line and 2,200 feet from the West Section line of said Section 29. Also described as UTM coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: b. Prior Adjudication: Case No. 98CW88, December 19, 1968; Source: West Fork; Amount: 2.67 c.f.s. (1,200 g.p.m), for multiple purposes including recharge of Michael s Lake, domestic, commercial, piscatorial, stock watering, fire fighting, recreation and irrigation. Appropriation Date: July 29, 1998, Conditional. Case No. 10CW71 made absolute 156 g.p.m. during irrigation season and 53 g.p.m. during non-irrigation season. Case No. 17CW3043, pending, to make absolute an additional 332 g.p.m. during the irrigation season and 537 g.p.m. during the non-irrigation season. c. Source: West Fork of the San Juan River d. Amount: 300 gpm (0.668 c.f.s.), Absolute. e. Appropriation Date: May 31, (1) How appropriation initiated: Formation of an intent to appropriate and actual beneficial use. (2) Date water applied to beneficial use: May 31, f. Uses: To fill and successfully refill the water storage rights and structures described above in Sections B for piscatorial, wildlife watering and habitat enhancement, recreation, fire-fighting, and aesthetic uses. D. Surface Water Right. 1. Elizabeth Lake Ditch. a. Legal

10 Description: The diversion point is located on the north bank of an unnamed tributary of the West Fork in the SW ¼ NW ¼, Section 29, T.37N., R.IE., N.M.P.M. Mineral County - UTM Coordinates: NAD83, Zone 13N, Meters, UTM X: , UTM Y: See Figure 1. b. Source: Unnamed tributary to the West Fork of the San Juan River. c. Appropriation: (1) Amount: 1 c.f.s., Absolute. (a) Appropriation Date: May 31, (b) How appropriation initiated: Formation of intent to appropriate and actual diversion of water to storage in Elizabeth Lake and Marie Lake. (c) Uses: To fill and successively refill Elizabeth Lake and Marie Lake for recreation, piscatorial, fire-fighting, wildlife watering and habitat enhancement and aesthetic uses. E. Name(s) and address(es) of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant: Bootjack Ranch, LLC, E. Hwy. 160, Pagosa Springs, Colorado F. Prayers For Relief. 1. A decree granting the new absolute storage rights and ground and surface water rights described in Sections B, C and D of this Application. 2. Such additional relief as the Court deems necessary and appropriate to further the purposes of the rights requested herein. (12 pages) THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of February, 2018, 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. A copy of such Statement of Opposition must also be served upon the applicant or the applicant s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $158.00; Forms are available through the Office of the Water Clerk or on the Judicial web site at Danene M. Etz, Water Court Specialist, 1060 E. 2 nd Ave., Room 106, Durango, CO 81301; ) Published: before January 31, 2018 Danene M. Etz, Water Court Specialist SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section (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 , 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 (2)(b)(II), C.R.S., notice of applications for the State Engineer s approval of interruptible water supply agreements under section (3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section (8)(e)(II).

11 This notice is an invitation to be included on the SWSP notification list. To receive this information by , provide your name, address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. 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) , or to: Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR ( Rules ), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division. To receive this information by , provide your name, address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) , or to: Laura.kalafus@state.co.us. Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: