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District Court, Water Division 7, Colorado Water

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District Court, Water Division 7, Colorado Water 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 rights applications filed in the Office of the Water Clerk during the month of December, 2006, for each county affected, and an Invitation to Join Substitute Water Supply Plan Notification List. 04CW97. DAVID J. BROWN AND KOINONIA, LLC, David J. Brown, Manager, c/o Bootjack Management Co., 12500 E. Hwy. 160, Pagosa Springs, CO 81147, (970) 264-7280. Brownstein Hyatt & Farber, P.C. Attn. Wayne F. Forman, Esq. and John A. Helfrich, Esq., 410 17th Street, Suite 2200, Denver, Colorado 80202, Telephone: (303) 223-1100. FOURTH AMENDED AND RESTATED APPLICATION FOR GROUND WATER RIGHTS, SURFACE WATER RIGHTS, TERMINATION OF PLAN FOR AUGMENTATION DECREED IN CASE NO. 83CW144, NEW PLAN FOR AUGMENTATION AND CORRECTION OF ERROR IN DECREE IN CASE NO. 80CW220, AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS in MINERAL AND ARCHULETA COUNTIES A. Applicant: Koinonia, LLC David J. Brown, Manager c/o Bootjack Management Co. 12500 E. Hwy. 160 Pagosa Springs, CO 81147 Telephone: (970) 264-7280 c/o: Wayne F. Forman, Esq. John A. Helfrich, Esq. Brownstein Hyatt & Farber, P.C. 410 17th Street, 22nd Floor Denver, Colorado 80202 Telephone: (303) 223-1100 This Fourth Amended Application restates and replaces in its entirety Applicants' pending Third Amended Application filed on December 22, 2005. B. New Ground Water Rights 1. Wolf Creek Village Well #1 a. Legal Description: NE 1/4 NE 1/4, Section 20, T.37N., R.1E., N.M.P.M., 404 feet from the North Section line and 158 feet from the East Section line. See Exhibit A1. b. Source: Groundwater tributary to Wolf Creek, a tributary to the West Fork of the San Juan River (hereinafter the "West Fork"). c. Depth: 107 feet. d. Absolute Uses: (1) Appropriation Date: May 1, 2002. (2) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including construction of the well, installation of a pump, conducting a pump test, identifying irrigable acres, and applying water to beneficial use. (3) Amount: 0.36 c.f.s. (160 g.p.m.), Absolute, in addition to existing right for 0.066 c.f.s. (30 g.p.m.), up to 6.45 acre feet per year, decreed in Case No. 80CW220. (4) Uses: Commercial, domestic, fire fighting, piscatorial, aesthetics, freshening flows in the Village Lake Reservoir and irrigation of 20 acres in the SE 1/4 NE 1/4 of Section 20, T.37N., R.1E., N.M.P.M. as shown on Exhibit A1, in combination with the Dermody Pump. e. Conditional Uses: (1) Appropriation Date: May 1, 2003. (2) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including improving the capacity of the well, installation of a new pump, conducting a pump test, and identifying additional irrigable acres. (3) Amount: 0.36 c.f.s. (160 g.p.m.), Conditional, in addition to the rights decreed in Case No. 80CW220. (4) Use: Stock watering and supplemental irrigation of 60 acres to be irrigated in the SE 1/4 of Sec. 17, T.37N., R.1E., N.M.P.M., and 11 acres around Bootjack Lodge and Chipper's Pond, as shown on Exhibit A1, in combination with the Dermody Pump. f. Permit No.: 60127-F. 2. Newton Homestead Well a. Legal description: SW 1/4 NE 1/4, Section 32, T.37N., R.1E., N.M.P.M., 1,520 feet from North section line and 2,150 feet from East section line of said Section 32. See Exhibit A1. b. Source: Nontributary groundwater derived from shale. c. Depth: 220 feet. d. Appropriation Date: August 1, 2001. (1) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including filing of an application for a well permit, installation of well, performance of a pump test, and application of water to beneficial use for exempt domestic consumption. e. Amount claimed: 0.007 c.f.s. (3.0 g.p.m.), Absolute. f. Use: Domestic in up to three (3) residences, non-commercial domestic animal watering and irrigation of lawns and gardens not to exceed 1.0 acre in the SW 1/4 NE 1/4 Section 32 T.37N., R.1E., N.M.P.M. See Exhibit A-1. To be used in combination with Newton Spring and Pipeline through a common 1,000 gallon cistern (two plastic tanks of 500 gallons each) to irrigate 1 acre. The Newton Spring Pipeline was decreed in Case 73-308D on December 19, 1968, for 0.2 c.f.s., domestic uses, priority 1968-151, appropriation date June 2, 1959. g. Permit No.: 234489, issued August 14, 2001 for an exempt well. h. Applicant requests that the Newton Homestead Well be decreed as an exempt well pursuant to C.R.S. §§37-92-602(1)(b) and 602(4). 3. Well WS-5 a. Legal Description: NE 1/4 SW 1/4, Section 32, T.37N., R.1E., N.M.P.M., 2,110 feet from the South section line and 2,040 feet from the West section line of Section 32. See Exhibit A1. b. Source: Groundwater tributary to the West Fork. c. Depth: 67.5 feet. d. Appropriation: (1) Appropriation Date: April 30, 2003. (2) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including filing a well permit, drilling the well, conducting a pump test, and preparing a master irrigation plan and preliminary cost estimate. e. Amount: 0.89 c.f.s. (400 g.p.m.), Absolute. f. Use: Irrigation of 53 acres located in the W 1/2 Section 32, T.37N., R.1E., N.M.P.M., lying east of the West Fork. See Exhibit A1. g. Permit No.: 61415-F. h. Prior Decree: Case No. 83CW140 (Due Diligence 88CW86, but not continued thereafter). 4. Front Gate Well a. Legal Description: GPS bearings North 37º24.758’, West 106º54.004’; NE 1/4 SW 1/4, Section 29, T.37N., R.1E., N.M.P.M., 1,700 feet from the South section line and 2,200 feet from the West section line. See Exhibit A1. b. Depth: 140 feet. c. Source: Groundwater tributary to the West Fork. d. Appropriation: (1) Appropriation Date: May 7, 2003. (2) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including drilling the well, conducting a pump test, and preparing a master irrigation plan and preliminary cost estimate. e. Amount claimed: 0.89 c.f.s. (400 g.p.m.), Conditional. f. Use: Domestic, livestock watering and irrigation of 53 acres of lawns and gardens and pasture located in the SE 1/4 SW 1/4, Section 29, T.37N., R.1E., N.M.P.M. See Exhibit A1. g. Permit No.: 64434-F. 5. Dermody Pump a. Legal Description. NW 1/4 SE 1/4 NE 1/4, Section 20, T.37N., R.1E., N.M.P.M., 1,800.81 feet from the North section line and 980 feet from the East Section line. See Exhibit A1. b. Source: Groundwater tributary to Wolf Creek, tributary to the West Fork. c. Depth: 14 feet (gallery-type well). d. Conditional Uses: (1) Appropriation Date: May 1, 2003. (2) Amount: 0.4 c.f.s. (180 g.p.m.), Conditional. (3) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including identifying additional irrigable acres. (4) Uses: Supplemental irrigation of 60 acres to be irrigated in the SE 1/4 of Sec. 17, T.37N., R.1E., N.M.P.M., and 11 acres around Bootjack Lodge and Chipper's Pond, as shown on Exhibit A1, in combination with the Wolf Creek Village Well #1. e. Current Decreed Uses: The conditional uses applied for above are in addition to previously decreed absolute uses described below. (1) Case No. W1858-78 (Second Amended, 11/24/98). (2) Appropriation Date: January 1, 1952. (3) Amount: 0.4 c.f.s (180 g.p.m.), Absolute, changed from 2 Stahl Ditch decreed in Case No. 73-308D, entered on December 19, 1968. (4) Uses: Irrigation, domestic and commercial. f. Permit No.: 64625-F. The junior water rights listed above for the Wolf Creek Village Well No. 1, Well WS-5, Front Gate Well, and Dermody Pump (collectively, "Bootjack Junior Rights") are subject to and benefit from a Stipulation and No-Call Agreement with Pagosa Area Water and Sanitation District and San Juan Water Conservancy District, dated April 21, 2006, in Case No. 04CW85. C. New Surface Water Rights 1. Brown Spring a. Legal Description: NW 1/4 NW 1/4, Section 29, T.37N., R.1E., N.M.P.M. See Exhibit A1. b. Source: Unnamed draw tributary to Michael’s Lake, located 115 feet South of North section line of said Section 29 and 2,060 feet East of the West section line of said Section 29. c. Appropriation Date: July 1, 1996, Absolute. d. How Initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including actual use of water for beneficial purposes. e. Amount Claimed: 1.11 c.f.s. (500 g.p.m.), Absolute (maximum spring flow). f. Use: Irrigation of 5 acres, fire fighting, together with uses previously decreed to this structure in connection with the use of Michael's Lake decreed in Case No.
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