District Court, Water Division 7, Colorado

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. 37-92-302, 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 April, 2005, for each County affected.

05CW9 Judy A. Schofield, Jode L. McKee, Cody J. Fahrion, 669 Hwy. 84, Pagosa Springs, CO 81147: Schofield Pump; Archuleta County; NE1/4SW1/4, Section 19, T35N, R1W, N.M.P.M., 2530 ft. from S and 2915 ft. from E; Intermittent stream tributary to Mill Creek and waste water from the Park Ditch; Date of initiation of appropriation, May 1, 2004; Appropriation initiated by diverting water by pump and land irrigated; Date applied to beneficial use, May 1, 1950 (lands originally irrigated by gravity from lateral of Park Ditch); Irrigation of pasture and lawn, stock watering; .12 cfs (54 gpm) Absolute; Application for Water Rights (Surface) (5 pages)

05CW10 LA PLATA COUNTY, LA PLATA WATER DISTRICT NO. 1. Applicant: Lake Durango Water Company, Inc., a Colorado Corporation, 744 Lake Durango Drive, Durango, Colorado 81303, 970-749-0093. 2. Attorney: James C. Anesi, 2023 Main Avenue, Unit A, Durango, Colorado 81301; 970-247-8720. 3. Structure or Plan: Munshower Ditch. 4. Type of Application: Application for Change of Water Right and Storage Right. 5. Drainage Basin: Lightner Creek, Animas River Drainage. 6. Location: SE1/4 SW1/4 of Section 23, Township 35 North, Range 10 West, N.M.P.M., 880 feet from the South section line and 1,825 feet from the West section line, La Plata County, Colorado. 7. Type of Use: Use as approved in Case No. 94CW60, being water treated to service customers of Lake Durango Water Company service area, domestic uses and for lawn, garden, golf course irrigation, and commercial purposes. 8. Type of Structure: Diversion at Lightner Creek and storage at Lake Durango. 9. Quantity: 0.218 c.f.s. 10. Additional Information: To change the point of diversion to the SE3 SW3 of Section 23, Township 35 North, Range 10 West, N.M.P.M., being 880 feet from the South section line and 1,825 feet from the West section line. The applicant shall install a pumping station and pump at Lightner Creek Diversion No. 1 as found case Case 04CW10, water to be pumped to Lake Durango for use in Lake Durango service area, or water to be stored in Lake Durango whenever there is storage capacity available in Lake Durango, and the Munshower Ditch is in priority at its new point of diversion. Applicant seeks to add storage as a use to the Munshower Ditch decree. The new storage use shall have an appropriation date of April 20, 2005. Applicant intends to install a pumping station and pump water either to a treatment facility for direct distribution to water users within the applicant service area, or Lake Durango for storage or for use in its treatment plant and distribution to water users. The new storage use shall have an appropriation date of April 2005. Applicant intends to install a pumping station and pump water either to a treatment facility for direct distribution to water users within Applicant=s service area, or to Lake Durango for storage or for use in its treatment plant and distribution to water users. (3 pages)

05CW11 Navajo River Ranch Ditch Company, c/o Dana Kammersgard, 20063 Elfin Forest Lane, Escondido, CA, 92029 (760) 471-2525. Archuleta County. Atty: Anne J. Castle, Esq., Holland & Hart LLP, 555 17th Street, Suite 3200, Denver, CO 80202. Names of structures: Klondike Ditch Supplemental Diversion. Legal Description of point of diversion: The point of diversion for the Klondike Ditch Supplemental Diversion will be on the Navajo River, at the headgate of the Enterprise Ditch. The Klondike Ditch Supplemental Diversion will be conveyed through the Enterprise Ditch for approximately 1,200 feet from the headgate, where it will be pumped in a northerly direction to the Klondike Ditch at a point approximately 1,800 feet from the headgate of the Klondike Ditch. The water will flow through the Klondike Ditch and will be diverted through existing laterals on that ditch for use by the owners of Class A shares in the Navajo River Ranch Ditch Company. The capacity of the Enterprise Ditch from the headgate to the point at which this water right will be pumped out is sufficient to carry both the decreed appropriations of the Enterprise Ditch (a total of 19.5 cfs) and the new Klondike Ditch Supplemental Diversion of 1.0 cfs. The legal descriptions of the headgates of the Enterprise Ditch and the Klondike Ditch are provided below: (A) Enterprise Ditch: On the north bank of the Navajo River at a point whence the Southwest corner of Section 6, in Township 32 North, Range 2 East, N.M.P.M., bears Southwest 750 feet, Archuleta County, Colorado. (B) Klondike Ditch: On the west bank of Klondike Creek whence the northwest corner of Section 6, Township 32 North, Range 2 East, N.M.P.M., bears North 39°45’ West a distance of 4166 feet. Source: Navajo River. Date of initiation of

appropriation: April 30, 2005. How appropriation was initiated: The appropriation was initiated by formation of the requisite intent to appropriate, coupled with actions manifesting such an intent sufficient to put third parties on notice, including the filing of this application and discussions held during various meetings of all of the shareholders in the Navajo River Ranch Ditch Company. Amount claimed: 1.0 cfs, conditional. Use or proposed use: Irrigation, pond filling and maintenance. Irrigated area: Lots 7, 17, 18, and 19, Navajo River Ranch Subdivision, a total of 23 acres. Name and address of owners of land on which points of diversion and place of use(s) is (are) located: Owner of land on which Enterprise Ditch headgate is located: Dana Kammersgard, 20063 Elfin Forest Lane, Escondido, CA, 92029; Owners of land on which water will be used: Ron and Eileen Ricks, 6338 Azalea Lane, Dallas, Texas 75230; Dana Kammersgard, 20063 Elfin Forest Lane, Escondido, CA 92029; James and Deborah Hogan, P.O. Box 145, Chromo, Co 81128; John J. Kelly, Modrall Sperling Roehl Harris & Sisk, P.A., 500 Fourth Street NW, Suite 1000, Albuquerque, NM 87102. Application for Conditional Water Right (Surface) (5 pages)

05CW12 Estate of Derald Stewart, by Donna Stewart, Executor, 4000 Silverton Street, Durango, CO 81301; Atty, Keith Newbold, 150 East 9th Street, Suite 400, Durango, CO 81301: West Pump; La Plata County; Lots 14 & 15, Section 9, T35N, R9W, N.M.P.M., 140 ft. from S and 2540 ft. from W; Date of original decree, April 9, 1999, Case No. 98CW25; Animas River; Appropriation date, March 1, 1998; Work performed towards completion of project outlined in detail in application; Irrigation and stock; .15 cfs; Application for Finding of Due Diligence (2 pages)

05CW13 Donna Bowling, 28391 C. R. M, Dolores, CO 81323: Bowling Ditch; Montezuma County; Point #1, NE1/4NW1/4NE1/4, Section 8, T36N, R16W, N.M.P.M., 1491 ft. from the E and 14 ft. from the N, NAD83, Zone 13, UTM’s are Easting 178439.38 Northing 4145477.00, Point #2, NW1/4NW1/4NE1/4, Section 8, T36N, R16W, N.M.P.M., 2276 ft from E and 503 ft. from N, NAD83, Zone 13, UTM’s are Easting 178193.31 Northing 4145334.89; Alklia Draw Trib to McElmo; Date of initiation of appropriation, October 15, 1990; Appropriation initiated by ditching water and stock use; Date applied to beneficial use, October 15, 1990; Irrigation and stock water; .50 cfs Absolute; Application for Water Rights (Surface) (7 pages)

05CW14 APPLICATION FOR CHANGE OF WATER RIGHTS USDA Forest Service San Juan National Forest, 15 Burnett Court, Durango, CO 81301 (970) 385-1232 Decreed name of structure for which change is sought: Buckmaster Irrigation Ditch, From previous Decree: Date Entered: April 19, 1962. Case Nos.: 73 and 308 Court: Archuleta County District Court B. Decreed point of diversion (include map):The originally decreed point of diversion is on the south bank of the Deer Creek branch of Rio Blanco at a point 1,910 ft east and 275 ft north of the northeast corner of Section 21, T34N, R1E, NMPM. The actual point of diversion was at a point approximately 1,950 ft east and 150 ft south of the northeast corner of said Section 21. Source: Deer Creek Appropriation Date: June 1, 1903. Amount: 2.0 cfs Historic use: The water right is decreed for irrigation of 65 acres of land and for stockwatering and domestic purposes. The attached map displays the lands historically and currently irrigated by the Buckmaster Irrigation Ditch. Proposed change: Applicant seeks approval of a change in point of diversion from a point on Deer Creek to a point on Deer Creek approximately 2,000 feet downstream from the originally decreed point of diversion. The Buckmaster Ditch historically diverted water from Deer Creek, and conveyed it to an unnamed tributary of the Rio Blanco which was then used to convey the Deer Creek water to the place of use. The original ditch was subject to landslides. To alleviate the problems caused by landslides, water was diverted under this water right at the Murray Ditch headgate on Deer Creek, located approximately 2,000 feet downstream from the original Buckmaster Ditch headgate. The water diverted under the water right was then conveyed to the unnamed tributary of Rio Blanco, which was used to convey the water to the historic place of use. The United States seeks approval to change the point of diversion for the Buckmaster Ditch to the point of diversion of the Murray Ditch from Deer Creek. The United States seeks approval of a change in point of diversion of the Buckmaster Ditch water right from the originally decree point of diversion to an alternate point of diversion at the Murray Ditch headgate on Deer Creek, located approximately 2,000 feet downstream from the original point of diversion as follows: Required Description: SW 1/4of the SW 1/4 of Section Township Range Principal County 15 34 N 1 E Meridian Archuleta NMPM

Distance from section lines (section lines are typically not property lines) 670 feet North of the South section line and 500 feet East of the West section line. 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: USDA Forest Service, Pagosa Ranger District, P.O. Box 310, Pagosa Springs, CO 81147. Phone: (970) 264-1521. (5 pages)

05CW15 APPLICATION FOR CHANGE OF WATER RIGHTS USDA Forest Service San Juan National Forest, 15 Burnett Court, Durango, CO 81301 (970) 385-1232Decreed name of structure for which change is sought: (indicate whether ditch, well, springs, reservoir, etc.): Murray Ditch, from previous Decree: Date Entered: December 19, 1968 Case No.: CA 73-308D Court: Archuleta County District Court B.Decreed point of diversion (include map): The originally decreed point of diversion is on the left or south bank of the Rio Blanco in the NE 1/4 of the NW 1/4 of Section 11, T34N, R1E, NMPM, at a point whence the North quarter corner of said Section11 bears North 4º41' East a distance of 1,099.8 ft. Source: Rio Blanco Appropriation Date: October 31, 1954. Amount: 7.0 cfs Historic use: The water right is decreed for irrigation of 250 acres of land and for domestic purposes. The attached map displays the irrigated lands historically and currently being irrigated by the Murray Ditch. Proposed change: Applicant seeks approval of a change in point of diversion from a point on the Rio Blanco to six (6) alternate points of diversion on streams tributary to the Rio Blanco. The Murray Ditch historically intercepted the water from these six tributaries of the Rio Blanco as it traversed from the decreed point of diversion to its place of use for irrigation. The upper reach of the Murray Ditch was subject to numerous landslides, and became impractical to use from the original point of diversion. When water could not be conveyed from the Rio Blanco, diversions into the ditch under the Murray Ditch water right continued to occur from Deer Creek and the other tributaries historically intercepted by the Murray Ditch. As a result, this water right is exercised from the tributaries of the Rio Blanco, rather than directly from its mainstem. The United States seeks approval to change the point of diversion for the Murray Ditch from the Rio Blanco to the following described six points of diversion located on small tributaries of the Rio Blanco. The flow rate, place of use and purpose of use will remain as previously decreed. The six alternate points of diversion are located as follows: a) Deer Creek, at a point in the Required Description: SW 1/4 of the SW 1/4 of Section Township Range Principal County 15 34 N 1E Meridian Archuleta NMPM

Distance from section lines (section lines are typically not property lines) 670 feet North of the South section line and 500 feet East of West section line.

b) Unnamed Tributary No. 1 of the Rio Blanco. At a point in the Required Description: NW 1/4 of the NW 1/4 of Section Township Range Principal County 22 34 N 1 E Meridian Archuleta NMPM

Distance from section lines (section lines are typically not property lines) 1250 feet South of the North section line and 20 feet East of the West section line.

c) Unnamed Tributary No. 2 of the Rio Blanco. At a point in the Required Description: NE 1/4 of the SE 1/4 of Section Township Range Principal County 21 34 N 1 E Meridian Archuleta NMPM

Distance from section lines (section lines are typically not property lines) 1950 feet North of the South section line and 1000 feet West of the East section line.

d) Big Branch Creek. At a point in the

Required Description: NE 1/4 of the NE 1/4 of Section Township Range Principal County 29 34 N 1 E Meridian Archuleta NMPM

Distance from section lines (section lines are typically not property lines) 1070 feet South of the North section line and 150 feet West of the East section line.

e) Lower Benson Creek Diversion Point. At a point in the Required Description: SW 1/4 of the NE 1/4 of Section Township Range Principal County 32 34 N 1 E Meridian Archuleta NMPM

Distance from section lines (section lines are typically not property lines) 1480 feet South of the North section line and 1560 feet West of the East section line.

f) Upper Benson Creek Diversion Point. At a point in the Required Description: NE 1/4 of the SE 1/4 of Section Township Range Principal County 32 34 N 1 E Meridian Archuleta NMPM

Distance from section lines (section lines are typically not property lines) 2720 feet South of the North section line and 710 feet West of the East section line.

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: USDA Forest Service, Pagosa Ranger District, P.O. Box 310, Pagosa Springs, CO 81147. Phone: (970) 264-1521. (5 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of June, 2005, to file with the Water Clerk, in quadruplicate, 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: $70.00; Forms are available through the Office of the Water Clerk or on our website at www.courts.state.co.us) Paula K. Petersen, Clerk of the Water Court, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157.

Published: before May 31, 2005 ______Water Clerk