District Court, Water Division 3, State of Colorado s1

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 all applications and amended applications or requests for correction filed in the office of the Water Clerk during the month of December, 2011.

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. 2011CW21, CONCERNING THE REVISED ABANDONMENT LIST OF WATER RIGHTS IN WATER DIVISION THREE, Notice of Filing of Revised Abandonment List of Water Rights in Water Division 3, Revised Abandonment List: Notice is hereby given that pursuant to section 37-92-401(4) C.R.S. (2011), the Division Engineer for Water Division No. 3, in consultation with the State Engineer, has developed a revised abandonment list which contains those water rights that the Division Engineer has determined to have been abandoned in whole or in part. The revised abandonment list, when concluded by judgment and decree, shall be conclusive as to the water rights determined to have been abandoned.

Pursuant to section 37-92-401(4), C.R.S. (2011), the revised abandonment list may be inspected after December 31, 2011, at the offices of the State Engineer, Division Engineers, Water Commissioners, and the Clerk of the Water Court during regular office hours. Additionally, the revised abandonment list is available online at: http://water.state.co.us/DWRDocs/Reports/Pages/Abandonment.aspx. The Division Engineer will furnish or mail a copy of the Water Division No. 3 revised abandonment list to anyone requesting one upon payment of ten dollars ($10.00). Any person who wishes to protest the inclusion of any water rights on the revised abandonment list shall file a written protest with both the Water Clerk for the Division No. 3 Water Court and provide a copy to the Division Engineer in accordance with the procedures set forth in section 37-92-401(5), C.R.S (2011). A form for such protest is available at: http://www.courts.state.co.us/Forms. All such protests shall be filed no later than June 30, 2012. The fee for filing such a protest with the Water Clerk shall be forty-five dollars ($45.00), payable to the Water Clerk. The State Engineer or Division Engineer may request the Division No. 3 Water Court order the physical abandonment of diversion structures no longer associated with any decreed water rights as a result of this revised abandonment list.

1 Case No. 2011CW22, FULLENWIDER RANCHES, INC.; P.O. Box 125, Villa Grove, Colorado 81155, 719-539-4694; Application for Absolute Water Rights (Surface) in Saguache County; 1. Name of structure: Arthur Young Ditch Legal description: NE1/4 NW1/4, Section 17, Township 47N, Range 9E, NMPM in the county of Saguache. Source of PLLS information: DWR tabulation of water rights. Source: San Luis Creek Date of appropriation: April 1, 1876. How appropriation was initiated: By placing water to beneficial use year-around. Date water applied to beneficial use: April 1, 1876 Amount claimed in cubic feet per second (cfs): Absolute 12.0 cfs. Use or proposed use: Year around livestock watering and icing of meadows during the non-irrigation season. Applicant requests judicial confirmation of this historical practice. Number of acres historically irrigated: 800 Proposed to be irrigated: Same Legal description of acreage: NE1/4 Section 20, Section 21, Section 22, NW1/4 Section 27 and NE1/4 Section 28 all in T47N, R9E, NMPM. 2. Name of structure: Sapp-Braley Ditch Legal description of each point of diversion: SE1/4 SE1/4, Section 21, Township 47N, Range 9E, NMPM. Source of PLLS information: DWR tabulation of water rights. Source: San Luis Creek and springs tributary to San Luis Creek. Date of appropriation: May 5, 1885 for 2.8 cfs and May 15, 1886 for 0.8 cfs How appropriation was initiated: By placing water to beneficial use year-around. Date water applied to beneficial use: May 5, 1885 and May 15, 1886 Amount claimed in cubic feet per second (cfs): Absolute 3.6 cfs. Use or proposed use: Year around livestock watering and icing of meadows during the non-irrigation season. Applicant requests judicial confirmation of this historical practice. Number of acres historically irrigated: 180 Proposed to be irrigated: Same Legal description of acreage: NW1/4 Section 27 and a portion of the NE1/4 Section 28 in T47N, R9E, NMPM If non- irrigation, describe purpose fully: Stock water and icing of meadows. Name and address of owner: Fullenwider Ranches, Inc, Gerald Gray – President; PO Box 125, Villa Grove, Colorado 81155 Remarks or any other pertinent information: Applicant seeks to confirm historical use of these ditches for stock watering and icing of meadows. No expansion of historic use will occur. (5 pages including attachments)

Case No.: 2011CW23, ELFIRIO ROMERO 7674 Road 109 North, Mosca, Colorado 81146, 719-378-2477, Application for Change of Water Right in Alamosa County Name of Structure: Well No. 1S, Case No. 84CW133, Permit No. 42621-F Date of original and all relevant subsequent decrees: December 20, 1985 Case No.: 84CW133 Court: District Court, Water Division No. 3 Legal description of structure: SW1/4 NE1/4 Section 23, Township 40 North, Range 10 East, NMPM at a point 1510 feet from the North section line and 1930 feet from the East section line in Alamosa County, Colorado. This well is currently located southwest of the center pivot point of the sprinkler and parent well no. 1, Case No. W-3919 at GPS UTM, Zone 13S, NAD 83 at: 425645 mE, 4173033 mN. The NE1/4 Section 23, Township 40 North, Range 10 East, NMPM is within the San Luis Valley Irrigation District. Decreed source of water: Unconfined Aquifer of the Closed Basin (well is 80 feet deep with a plain casing to 30 feet and perforated from 30 feet to 80 feet). Appropriation date: August 9, 1972 Total amount decreed to structure: 500 gpm = 1.11 cfs Decreed use or uses: Irrigation of

2 the NE1/4 Section 23, T40N, R10E, NMPM Amount of water that applicant intends to change: 500 gpm Detailed description of proposed change: This 500 gpm supplemental well will be moved to a new location on the same quarter section. Applicant will drill a replacement of Well No. 1S, Case No. 84CW133 at a point approximately 600 feet further southwest of the pivot well and outside the normal sprinkler span. The new well will be located at approximately GPS location 425505 mE, 4172910 mN. Use will remain as decreed on only the NE1/4 Section 23 T40N, R10E, NMPM. The old well no. 1S will be plugged and abandoned. Applicant requests the ability to replace the well to a depth not to exceed 123 feet, the depth of the parent well no. 16596-F or the top of the actual confining clay series, whichever comes first. Applicant is willing to provide plezometric head data to support location of the actual confining clay layer. – Applicant is the owner. (3 Pages)

Case No. 2011CW24, OKLA IRRIGATION COMPANY, Application for Absolute Water Rights (Surface) in Saguache County. Name of structure: Oklahoma CO D, AKA South 38 Ditch Dam. Legal description of each point of diversion: UTM coordinates Northing 4208179.1 Easting 412975.8 Zone 13 Source of UTMs: Hand-held Garmin GPS; Legal description: SE1/4 SW1/4, Section 33, T44N, R9E, NMPM Source: Saguache Creek Date of appropriation: March 20, 1915 How appropriation was initiated: Irrigation of meadows Date water applied to beneficial use: March 20, 1915 Amount claimed in cubic feet per second (cfs): Absolute 50 cfs Use or proposed use: Irrigation of meadows outside of the proposed irrigation seasons November 1 thru March 31 Number of acres historically irrigated: 9000 Proposed to be irrigated: 3000 Legal description of acreage: Parts of Sections 33 and 34, T44N, R9E, NMPM Also part of Sections 2-4, 9- 12, 14 and 15, T43N, R9E, NMPM (Names and address of shareholders: Arthur Rivale, PO Box 66, Villa Grove, Colorado 81155, email: [email protected], 719- 530-9076; George Whitten, 52501 County Road U, Saguache, Colorado 81149, 719- 655-2003; Virginia Sutherland, 55355 County Road T, Moffat, Colorado 81143, email: [email protected], 719-256-4272; Josh and Kristi Staudt, 20150 Hwy 285, Nathrop, Colorado 81236, 719-395-6278) Remarks or any other pertinent information: Lands owned by shareholders of the Oklahoma Irrigation Company, lays at the lower end of Saguache Creek. When the weather starts warming up in February or March, ice and snow starts melting and Saguache Creek will start flowing in the lower end first. Oklahoma Irrigation Company Ditch, also known as the South 38 Dam Ditch, and its other point of diversions are the last irrigation structures on Saguache Creek. Past diversion records show that on March 15, 1915 show that 30 cfs was diverted for irrigation of lands, owned by the shareholders of the Oklahoma Irrigation Company. The period between March 15, 1915 and December 1942 there was numerous times when water was diverted. On March 10, 1926, 50 cfs was diverted and November 1-15, 1941, 208 cfs was diverted daily. Attached are diversion records Nov 1 thru Mar 31, from 1952-2010 for the Oklahoma Co. D.. (5 Pages, including Attachments)

3 THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

You are further notified that you have until the last day of February, 2012, 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 $158.00 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 13th day of January, 2012.

______Shirley Skinner, Clerk of the Court Alamosa Combined Courts Water Court, Water Division 3 702 Fourth Street, Alamosa, CO 81101