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 October, 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. 2011CW16, William Mansanares and Fina Mock, P.O.Box 44685, Phoenix, AZ 85064 (602) 256-2743 Application for Underground Water Right in Rio Grande County Name of Structure: Well No. 1(Domestic), Permit #216068 and Well No. 2(Yard), Permit #286801. Legal Description of wells: Section 31, T39N, R8E, NMPM with a Street Address of 1747 Sickles, Monte Vista, CO 81144, Stroups Addition Lots, E ½ Lot11, 12, 13, 14, Block 8. GPS location in UTM format: points were averaged Northing 4160112 mN Easting 399848mE Zone 13 for Well No. 1 and Northing 399823mE Easting 4160116 mN Zone 13 for Well No. 2. Source: Well #1-Confined Aquifer, Depth of well-700 feet. Well No. 2-Unconfined aquifer, Depth of Well 19 feet. Date of Appropriation and Date Water Applied to Beneficial Use: Well #1-December 31, 1952 and Well #2-December 31, 1948. How Appropriation was Initiated: Drilling of Wells and Placing to beneficial Use (Home Built 1911). Amount claimed in gpm: Well #1-15 and Well #2-30, absolute. Proposed Use: Irrigation. Number of acres historically irrigated. Approximately ½ acre. Total number of acres proposed to be irrigated: No additional acreage. Legal description of the land irrigated: Parts of Lots 11, 12, 13, 14 Block 8, Stroups Addition to Monte Vista. Area of lawns and gardens irrigated: ½ acre. The wells serve a single family dwelling with garage and lawn and garden. Well water is also used for fire protection and domestic animal watering. Applicants are the owners of the land on which the structures are located. Remarks: This is the adjudication of existing wells that serve a home, lawn and garden and watering of domestic animals on a tract of 0.29 acres

Case No. 2011CW17, Robert and Catherine Adkins, 6091 CR 45, Center, CO 81125 (719) 754-3562 Application for Change of Water Right in Saguache County Decreed Water Right for which change is sought: Well No, 2R, Permit 11143- RF,Case No. 80CW125. Date of decree: September 24, 1981. Legal Description: NW ¼ SE ¼ of Section 33, T42N, R7E, NMPM at a point 1720 feet from the south

1 section line and 1720 feet from the east section line. GPS description: Northing 4188888 mN Easting 393706 mE Zone 13 points were averaged. Decreed Source of Water: Confined Aquifer. Appropriation Date: June 4, 1954. Amount: 1400 gpm, 3.12 cfs, 6.24 af/24hr. Decreed Use: irrigation. Amount of water that applicant intends to change: Increase flow rate of this well from the decreed 1400 gpm to 2100 gpm while reducing the flow in the second well of this application, Well No. 1, Case W-419 from a decreed flow of 2000 gpm to a new decreed flow rate of 1300 gpm. Second Decreed water right for which change is sought: Well No. 1, Permit No. 6744-R, Case No. W-419. Date of decree: October 28, 1975, Water Division 3. Legal description: NW ¼ NE ¼ of Section 4, T41N, R7E, NMPM at a point 250 feet from the North section line and 2600 feet from the east section line. GPS description: Northing 4188200 mN Easting 393412 mE, Zone 13, point were averaged. Decreed Source of Water: Confined Aquifer. Appropriation date: October 28, 1975. Amount: 2000 gpm, 4.46 cfs, 8.92 af/24hr. Depth: 314 feet. Decreed Use: Irrigation. Amount of water applicant intends to change: Decrease flow rate from this well from 2000 gpm to a flow rate of 1300 gpm. Historic Use: Irrigation. Decreed water right for which change is sought: Name of Structure: Well No. 1, Permit No. R11144, Case No. w-2137. Date of decree: January 15, 1976, Water Division 3 Legal description: NW ¼ SW ¼ of Section 34, T42N, R7E, NMPM at a point 2550 feet from the South section line and 20 feet from the West Section line. Source: unconfined aquifer. Appropriation Date: June 30, 1954. Amount: 2100 gpm, 4.68 cfs, 9.36 af/24hr. Use: Irrigation. Amount of water applicant intends to change: Applicant intends to clarify the decreed lands and acreage for irrigation with this well. The decree is silent on described lands. There are two registrations on said well, one Is silent and one mistakenly has only the 40 acres the well sits on, as the irrigated lands. This application will define irrigated lands by said well being described as primarily the S ½ of Section 34 (320 acres) and the SW ¼ of Section 35 and secondary supply for the E ½ of Section 33 (320 acres) all in T42N, R7E, NMPM. This is how the present use configuration is under

2 sprinkler irrigation. Historic Use: Irrigation. GPS location: Northing 4189045 mN Easting 394229 mE, Zone 13 with point averaged. Proposed Change: (A) Increase flow rate for Well 2R, Case No. 80CW125 to 2100 gpm which supplies a part of the needed flow rate for four sprinkler systems. Is configured for a flow rate of 2100 gpm. (B) Decrease the flow rate of Well No. 1, Case No. W-419 correspondingly, by 700 gpm to a new decreed flow rate of 1300 gpm, since it is only presently set up for flood irrigation of corners in the NW ¼ of Section 3 and the NE ¼ of Section 4- 41-7. (C) Clarify lands to be irrigated for Well No. 1, Case No. W-2137 which has been used in conjunction with Well 2R, Case No. 80CW125 to irrigate the E ½ of Section 33, the S½ of Section 34, and the SW ¼ of Section 35, T42N, R7E, NMPM. Maps and Aerial photos were attached as Exhibits A, B and C). Further details: In the instance of Proposed Change Parts A&B, since 1978 Well 80CW125 has been used to supply a reservoir located in the NW ¼ of the SE ¼ of Section 33. The reservoir then supplies, through a network of can pumps and pipelines, irrigation water to four sprinkler systems located in the E ½ of Section 33, the S ½ of Section 34, and flood irrigate pasture in the SW 1/4 of Section 35. The well was drilled in 1978 as a replacement of Well No. 2, Case No. W-2137, which was located in the SW corner of the NE ¼ of Section 33, on the west side of the Rio Grande Canal, Case 80CW125-2R was drilled on the south side of the reservoir located in the NW 1/4 of the SE ¼ of Section 33. When the replacement well was applied for, a flow rate of 2100 gpm was requested by the applicant. However, the permit and subsequent decree were only approved at the historic flow rate of 1400 gpm under Case No. W-2137-2. Correspondence in the 80CW125 decree file indicates the applicant intended to move additional flow rate, at that time, from Well No. 1 Case No. W-419 but this work was never completed. Now applicant is making the request to accommodate the flow rate of 2100 gpm, which 80CW125-2R has always been able to pump. Applicants will reduce the flow rate from W-419-1 by 700 gpm. Applicant’s farm has 107 shares of Rio Grande Canal and 70 shares of Santa Maria Reservoir. The majority of this surface water is normally delivered to the above

3 mentioned reservoir, and is then pumped through the pipelines and can pumps to the four above mentioned sprinkler systems. Some surface water is also delivered to corners for recharge and irrigation of the pasture. Applicant’s operation consists of nine sprinkler quarters and 160 acres of irrigated pasture, totaling 1188 irrigated acres, at present. Applicant produces typical crops of small grains and alfalfa hay. In a normal year applicant pumps approximately 2,212 acre feet of water through the sprinkler systems to irrigate their crops. On a five year average the surface water sources from Rio Grande Canal and Santa Maria Reservoir supply 2,372 acre feet of surface water. Thus all of this operation’s pumping from the aquifer(s) is being replaced on an average annual basis. The aerial photo map attached to the application as Exhibit A shows the pipeline systems that irrigate the four quarters on the E ½ of Section 33, the S ½ of Section 34, and ends at the SW ¼ of Section 35 into the flood irrigated pasture. The issue for W-2137-1 is that the registration for this well, drilled in 1954, is somewhat convoluted and is not clear on irrigated lands serviced by this well. The first registration filed in 1972 does not define irrigated lands. A second registration filed in 1974 shows the NW ¼ of the SW ¼ on Section 34, in lands to be irrigated. It is felt applicant mistakenly only described the location of the well in the irrigated lands section. The well had been used to flood irrigate the S ½ of Section 34 and the SW ¼ of Section 35 up to 1978 when the sprinkler systems were installed on the farm. With the advent of sprinkler irrigation and installation of the present pipelines in the mid to late 1970’s, this well was tied into the pipeline system and reservoir supplying the E ½ of Section 33 and the S ½ of Section 34. Normally water from this well only supplies the S ½ of Section 34. However, it has been used as a secondary supply for the pipeline systems supplying the reservoir and the E ½ of Section 33. Because only two wells supply all four of these quarters, applicant feels it is essential to have a secondary system to keep water on their crops if a well goes out of service. Though this application, applicant has used and desires to continue to utilize both 80CW125-2R and W-2137-1 to irrigate all of the E ½ of Section 33, the S ½ of Section 34 and pasture on the SW

4 ¼ of Section 35. Applicant proposed to administer ground water pumping from well 80CW125-2R and Well W-2137 -1 by placing a combined limitation of 2,240 acre- feet in any given year for application to the E ½ of Section 33, the S ½ of Section 34 and the SW ¼ of Section 35. This acre foot limitation is well in line with past irrigation history on said lands, and therefore does not constitute an expansion of use. A Listing of other Ground Water Rights is attached to the application as Exhibit D. Applicants are the owners of the land upon which the wells are located and the water is placed to beneficial use.

Case No. 2011CW18, Hooper Ridge Farms, LLC, 0921 East County Road 11 North, Center CO 81125 (719) 754-2605 Application for Change or Water Right in Alamosa County. PART A-RELOCATION OF WELL NO. 12011-R. Decreed water right for which change is sought: Name of Structure: Well No. 1, Case No. w-1197, Permit No. 12011-R. Date of Decree: October 9, 1975, Water Division 3. Legal Description: SW ¼ NE 1/4 Section 6, T40N, R10E, NMPM at a point 2350 feet from the North section line and 2610 feet from the East section line. This well is currently located near the northwest corner of the farm reservoir that is filled with this well, Well No. 12012-RR and share water from the San Luis Valley Irrigation District. Well No. 12011-R located by GPS at UTM, Zone 13S, NAD 83 at 419032 mE, 4177696 mN. Source: Confined Aquifer (well is 105 feet deep with plain casing to 15 feet and perforated from 15 feet to 105 feet. From other drill logs in the area, this well probably produces from the unconfined aquifer only.) Appropriation Date: July 31, 1942. Amount: 1000 gpm = 2.23 cfs. Use: Irrigation of the NE ¼ of Section 6, T40N, R10E, NMPM. Amount: 1000 gpm. Detailed description of proposed change: This 1000 gpm well will be moved to a new location on the same quarter section. Applicant wants to drill a replacement of Well No. 1, Case No. W-1197, Permit No. 12011-R near the north end of the prpperty in the NE ¼ Section 6, T40N, R10E, NMPM. The new well will be located at approximately GPS location 419415 mE, 4178180mN. Use will be only on the NE ¼ Section 6, T40N, R10E, NMPM. The old well, 12011-R will be plugged and abandoned. Applicant also desires the right to drill the replacement well to a depth not to exceed 105 feet (the depth of well no. 12011-R) or the top of the confining clay series. PART B- APPROVING PREVIOUS RELOCATION OF WELL NO. 3565-F. Decreed water right: Well No. 3, Case No. W-1197, Permit No. 3565-F. Date of decree: October 9, 1975, Case No. W-1197, Water Division 3. Legal description of structure: SW ¼ NE ¼ Section 6, T40N, R10E, NMPM at a point 2635 feet from the North Section line and 2610 feet from the East section line. This well was relocated under permit no. 3565-F-R and is currently located by GPS near the center of quarter section at UTM, Zone 13S, NAD 83 at 419418 mE, 4177962 mN. Source: Confined Aquifer (the original well was 126 feet deep with plain casing to 16 feet

5 and perforated from 16 feet to 126 feet. The replacement well was drilled to a depth of 120 feet with plain casing to 19 feet and perforated from 19 feet to 99 feet and plain casing from 99 feed to 120 feet. From other drill logs in the area, this well probably produces from the unconfined aquifer only.) Appropriation Date: May 28, 1962. Amount: 1400 gpm=3.12 cfs. Use. Irrigation of the NE ¼ Section 6, T40N, R10E, NMPM. Amount application intends to change: 1400 gpm. Detailed description of proposed change: This 1400 gpm well has been moved to a new location on the same quarter section. The old well No. 3565-F was plugged and abandoned. Applicant wants to confirm the actual location of Well No. 3, Permit 3565-F-R.Applicant is the owner of the land upon which structures are located.

Case No. 2011CW19. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE SAN LUIS VALLEY WATER CONSERVANCY DISTRICT ON ITS OWN BEHALF AND BY AND THROUGH ITS AUGMENTATION PROGRAM ENTERPRISE, c/o Michael Gibson, Manager, 415 San Juan Avenue, Alamosa, Colorado 81101 (Attorney: Tod J. Smith, The Law Office of Tod J. Smith, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, IN ALAMOSA, HINSDALE, MINERAL, RIO GRANDE AND SAGUACHE COUNTIES . 2. Name of Structure: Not Applicable 3. Description of Original Right from Original Decree: 3.1 Date of Original Decree: August 1, 2005, Decree No. 03CW41, District Court, Water Division No. 3. 3.2. Location: 3.2.1. Exchange from the confluence of Willow Creek and the Rio Grande, to the Rio Grande, Santa Maria and Continental Reservoirs; 3.2.2. Exchange from confluence of Bear Creek and the Rio Grande, to the Rio Grande, Santa Maria and Continental Reservoirs; and, 3.2.3. Exchange for the confluence of South Fork and the Rio Grande, to the Rio Grande, Santa Maria and Continental Reservoirs 3.3 Date of Appropriation: December 12, 2001 3.4 Amount: 3.4.1. Maximum Volume: 93.40 acre-feet 3.4.2. Rate of Flow: 3.4.2.1. From the confluence of Willow Creek: 1.48 cfs 3.4.2.2. From the confluence of Bear Creek: 0.90 cfs 3.4.2.3. From the confluence of South Fork: 3.043 cfs 3.5. Use: Storage and augmentation as decreed for the District’s use in replacing its Participants’ out-of-priority depletions through its Augmentation Program 4. Outline of Work Performed or Actions Taken Toward Completion of the Appropriation and Application of the Water to Beneficial Use as Conditionally Decreed: 4.1. As set forth in more detail in paragraph 5 below, the District exchanged from the downstream points of exchange to Rio Grande Reservoir, 9.69 acre-feet at a rate of 4.89 cfs on October 14, 2008, and 3.33 acre-feet at a rate of 1.66 cfs on October 31, 2008. The water was stored in Rio Grande Reservoir and released on October 31, 2010, at the direction of the Division Engineer to replace out-of-priority depletions included within the District’s Augmentation Program. 4.2. The District operates a single unified integrated Augmentation Program which includes the exchange decreed in Case No. 03CW41. During the diligence period the District spent substantial amounts of money and devoted hundreds of man hours to the development, operation, maintenance and improvement of its Augmentation

6 Program. As part of the overall effort, the District retained engineering consultants and attorneys to assist in the operation, maintenance, improvements and protection of its Augmentation Program. The District also spent money acquiring additional augmentation water and on engineering and construction of improvements to its water supply facilities. 4.2.1. During the diligence period, the District has expended in excess of $90,000.00 in legal fees, protecting the District’s water rights and facilities, and incorporating additional water supplies into its Augmentation Program. 4.2.2. During the diligence period, the District has expended in excess of $100,000.00 in engineering fees and expenses, operating its Augmentation Program, evaluating additional water rights and facilities for incorporation into its Augmentation Program, and protecting its water rights and the operation of the Augmentation Program. 4.3. During the diligence period, the District acted to preserve, protect and enhance its Augmentation Program by obtaining the following judicial decrees: 4.3.1. In Case No. 05CW13, for the change and incorporation into the District’s Augmentation Program of additional water rights required by the District to meet its present and future augmentation obligations; 4.3.2. In Case No. 07CW47, for a finding of reasonable diligence for the District’s exchange of its transmountain water up Pinos Creek; and, 4.3.3. In Case No. 07CW63, for the change and incorporation into the District’s Augmentation Program of excess water remaining from the District’s acquisition of the water rights changed in Case No. 03CW41. The remaining water rights were changed and incorporated on the same terms and conditions decreed in Case No. 03CW41 4.4. During the diligence period, the District filed Case No. 09CW34 to incorporate additional water supplies from the Anaconda Ditch into its Augmentation Program. 4.5. The work performed and actions taken by the District during the diligence period demonstrate its continuing intent to develop the conditional appropriative right of exchange originally decreed in Case No. 03CW41. The District has shown that it can and will implement the conditional appropriative right of exchange, which will be completed and exercised with diligence within a reasonable time. 4.6. The water derived from the District’s water rights changed in Case No. 03CW41 are first applied, as available, to the District’s obligation to replace its Participants’ out-of-priority depletions. In all years during the diligence period except 2008, as described in paragraphs 4.1 above and 5 below, the Division Engineer allocated all of the water available pursuant to the Decree entered in Case No. 03CW41 to the District’s then existing augmentation obligation, and no water was available for exchange. 5. Water Applied to Beneficial Use and Made Absolute: The Applicant seeks to have decreed absolute the following rate and volume of exchange: 5.1. Dates Water Exchanged: October 14, 2008 and October 31, 2008 5.2. Volume of Water Exchanged: 12.99 acre-feet 5.3. Maximum Rate at which water was exchanged: 4.89 cfs on October 14, 2008 5.4. The water exchanged into Rio Grande Reservoir was released from storage on October 31, 2010 for use in the District’s Augmentation Program for replacement of Participants’ out-of-priority depletions 6. Names and addresses of owners of land upon which water is and will be stored: 6.1. Rio Grande Reservoir: San Luis Valley Irrigation District, 296 Miles Street, P.O. Box 637, Center, Colorado 81125, (719) 754-2254 6.2.

7 Santa Maria Reservoir: Santa Maria Reservoir Company, P.O. Box 288, Monte Vista, Colorado 81144, (719) 852-3556 6.3. Continental Reservoir: United States of America, c/o Rio Grande National Forest, Divide Ranger District, P.O. Box 270, Creede, Colorado 81130, (719) 658-2556 (The owner of Continental Reservoir is the Santa Maria Reservoir Company) 7. Date of Filing of the Application: This application for finding of reasonable diligence and to make absolute has been filed on or before October 31, 2011, in accordance with the Court’s Notice Concerning Conditional Water Right, dated August 19, 2011. Requested Relief WHEREFORE, the San Luis Valley Water Conservancy District respectfully requests entry of a decree (1) confirming that work on one feature of the District’s single unified and integrated Augmentation Program shall continue to be considered in finding reasonable diligence in the development of all features of its Augmentation Program, including this exchange decreed in Case No. 03CW41. (2) determining that the District has demonstrated reasonable diligence in the development of the exchange originally decreed in Case No. 03CW41, continuing the conditional water right in good standing, and setting a date by which the District must file a subsequent finding of reasonable diligence; and, (3) decreeing that 4.89 cfs of the exchange, in the amount of 12.99 acre-feet, has been exercised and made absolute, and that 0.533 cfs of the exchange, in the amount of 80.41 acre-feet remains conditional.

Case No. 2011CW20, Case No. 2011CW20. Jason Thomas Kirkpatrick, 7344 Lane 6 North, Mosca, CO 81146 ; Dorothy E. Kirkpatrick, Trustee for the Kirkpatrick Survivor "A" Trust and the Kirkpatrick Bypass "B" Trust, 8079 Lane 6 North, Mosca, CO 81146; Beverly Ann Chaves, f/k/a Beverly Ann Burris, 401 Maple, Clayton, NM 88415 and Shane S. Burris, PO Box 63, Mosca, CO 81146. (Attorney: Gordon J. Bosa, PO Box 58, Alamosa, CO 81101; 719-589-6603) Application For Changes of Water Rights in Alamosa County Section 28, Township 40 North, Range 10 East, NMPM History and Water Rights Associated with NW1/4, Section 28: Name of structure: Well No. 4, Case No. W-299, Registration No. 10068-R, WDID No. 2008783. Decreed applicant: Howard Off, Administrator of the Estate of Simon Off, Deceased. Date of original decree: 8/15/1974, in Case No. W-299, Water Div.3. Legal description of structure: NW1/4 NW1/4, S28, T40N, R10E, NMPM, at a point 875 ft. from the North Section Line & 115 ft. from the West Section Line in Alamosa County, CO, The GPS location of the well is UTM Zone 13S NAD83 421427 mE and 4171669 mN. Decreed amount: 1200 gpm, being 2.67 cfs. Decreed source of water: Unconfined aquifer. Depth of well: 96' with 16" casing diameter. The amount of plain casing is from 0' to 20' and the perforated casing is from 20' to 96'. Appropriation Date: 4/13/1953. Decreed use: Irrigation. History and Water Rights Associated with NW1/4, Section 28: Name of structure: Well No. 4-A, Permit No. 042007-F, WDID No. 2014231. Permit No. 042007-F was issued on 1/22/1993, to George W. Kirkpatrick as an alternate point of diversion for Well No. 10068-R (Well No. 4, Case No. W-299). Legal

8 description of structure: NW1/4 NW1/4, S28, T40N, R10E, NMPM, at a point 1200 ft. from the North Section Line & 1200 ft. from the West Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 421790 mE and 4171539 mN. Amount: 1200 gpm, or 374 af. annually from the unconfined aquifer. The simultaneous maximum pumping rate of this well, Permit No. 042007-F and Well No. 10068-R (Well no. 4, Case No. W-299) shall not exceed 1200 gpm. with the combined average annual amount of ground water not to exceed 374 af. Source of water: Unconfined aquifer. Depth of well: 80' with 16" casing diameter. The amount of plain casing is from 0' to 26' and the perforated casing is from 26' to 80’. Appropriation Date: 4/13/1953, the appropriation date of Well No. 4, Regis. No. 10068-R, Case No.W-299. Use: Irrigation of 124.3 acres in the NW1/4 of Section 28. History and Water Rights Associated with SW1/4, Section 28: Name of structure: Well No. 1, Case No. W-299, Registration No. 10065-R, WDID No. 2008780. Decreed applicant: Howard Off, Administrator of the Estate of Simon Off, Deceased. Date of original decree: 8/15/1974, in Case No. W-299, Water Div. 3. Legal description of structure: NW/4 SW1/4, S28, T40N, R10E, NMPM, at a point 74 ft. from the West Section Line & 2466 ft. from the South Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 421399 mE and 4170856 mN. Decreed amount: 1100 gpm, being 2.45 cfs. from the unconfined aquifer. Decreed source of water: Unconfined aquifer. Depth of well: 100' with 16" casing diameter. The amount of plain casing is from 0' to 20' and the perforated casing is from 20' to 100'. Appropriation Date: 6/14/1947. Decreed use: Irrigation. History and Water Rights Associated with SW1/4, Section 28: Name of structure: Well No. 1-A, Permit No. 041752-F, WDID: 2014233. Permit No. 041752-F was issued on 11/6/1992 to George W. Kirkpatrick. Legal description of structure: Center of SW1/4, S28, T40N, R10E, NMPM, at a point 1320 ft. from the South Section Line & 1320 ft. from the West Section Line in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 421776 mE and 4170750 mN. Permitted Amount: 1100 gpm. The simultaneous maximum pumping rate of this well, Permit No. 041752-F and Well No. 10065-R (Well No. 1, Case No. W-299) shall not exceed 1100 gpm. with a combined average annual amount of ground water not to exceed 390 af. Source of water: Unconfined aquifer. Depth of well: 75' with 16" casing diameter. The amount of plain casing is from 0' to 20' & the perforated casing is from 20' to 75'. Appropriation Date: 6/14/1947, the appropriation date of Well No. 1, Permit No. 10065-R, Case No. W-299. Use: Irrigation of 133 acres in the SW1/4 of Section 28. Change requested: The above stated parent wells irrigated approximately 160 acres each from their inception in 1947 and 1953. The above stated alternate point of diversion wells were drilled in 1992 and 1994 respectively resulting in irrigation of approximately 124.3/133 acres in each field. An engineering analysis calculating the historic use of these wells was completed and the calculated amounts were used in this application for change of water rights. Based upon the historic analysis, the applicants will apportion this historic use to new wells.

9 The relocation of the water rights will not result in an expansion of use or increase in the area of irrigation. No new acreage will be brought into production. The two parent wells and their alternate points of diversion (Well No. 4, Case No. W-299, Registration No. 10068-R, WDID No. 2008783; Well No. 4-A, Permit No. 042007-F, WDID No. 2014231; Well No. 1, Case No. W-299, Registration No. 10065-R, WDID No. 2008780 and Well No. 1-A, Permit No. 041752-F, WDID: 2014233) will be abandoned (or legally retained through a subsequent well permit for non-irrigation uses) and the irrigation groundwater rights from these wells will be retired from the original place of use (NW1/4 and SW1/4 of Section 28,Township 40 North, Range 10 East, NMPM). Part A. Change of Water Right – NW1/4, S4, T39N, R10E, NMPM, in Alamosa County, CO (aka Jerry). Ownership: Dorothy E. Kirkpatrick, Trustee for Kirkpatrick Survivor "A" Trust - 50% Int. and Kirkpatrick Bypass "B" Trust - 50% Int. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other. ///(a) A relocation of the water rights for Well No. 4, Case No. W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R which result in replacement wells partitioning the historic rights to separate locations (fields). (b) Proposed Location: SW1/4 NW1/4, S4, T39N, R10E, NMPM, in Alamosa County, CO. (c) Proposed use: Irrigation of approximately 160 acres in the NW1/4 of S4, T39N, R10E, NMPM, in Alamosa County, CO (d) Amount: 300 gpm. with an average annual amount of ground water to be appropriated not to exceed 40 af. This well, Replacement Well No. 1, will relocate a portion of the water rights from Well No. 4 (Case No. W-299, Registration No. 10068-R) and/or Well No. 1, (Case No. W-299, Registration No. 10065-R). (e) Source: This replacement well, Replacement Well No. 1, will not exceed the depth of 96' or 100' and will draw water from the unconfined aquifer. (f) Appropriation date requested: 4/13/1953, or 7/14/1947, which are the appropriation dates of Well No. 4, W-299, Registration No. 10068- R and Well No. 1, Case No. W-299, Registration No. 10065-R. (g) This quarter section has the following existing irrigation wells: Permit or Registration Nos. 9245-F, 21711-F and 25145-F. Part B. Change of Water Right – NE1/4, S4, T39N, R10E, NMPM, in Alamosa County, CO (aka Shane). Ownership: Beverly Ann Chaves f/k/a Beverly Ann Burris - 1/2 Interest and Shane S. Burris - 1/2 Interest. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other. /// (a) A relocation of the water rights for Well No. 4, Case No. W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R which result in replacement wells partitioning the historic rights to separate locations (fields). (b) Proposed Location: SW1/4 NE1/4, S4, T39N, R10E, NMPM, in Alamosa County, CO. (c) Proposed use: Irrigation of approximately 160 acres in the NE1/4 of S4,

10 T39N, R10E, NMPM, in Alamosa County, CO. (d) Amount: 200 gpm. with an average annual amount of ground water to be appropriated not to exceed 30 af. This well, Replacement Well No. 2, will relocate a portion of the water rights from Well No. 4 (Case No. W-299, Registration No. 10068-R) and/or Well No. 1, (Case No. W-299, Registration No. 10065-R). (e) Source: This replacement well, Replacement Well No. 2 will not exceed the depth of 96' or 100' and will draw water from the unconfined aquifer. (f) Appropriation date requested: 4/13/1953, or 7/14/1947, which are the appropriation dates of Well No. 4, W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R. (g) This quarter section has the following existing irrigation wells: Permit or Registration Nos. 9246-FR, 21712-F, 24670-F and 28261-F. Part C. Change of Water Right – NE1/4, S5, T39N, R10E, NMPM, in Alamosa County, CO (aka Westbrook). Ownership: Jason Kirkpatrick. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other. /// (a) A relocation of the water rights for Well No. 4, Case No. W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R which result in replacement wells partitioning the historic rights to separate locations (fields). (b) Proposed Location: SW1/4 NE1/4, S5, T39 N, R10E, NMPM, in Alamosa County, CO. (c) Proposed use: Irrigation of approximately 160 acres in the NE1/4 of S5, T39N, R10E, NMPM, in Alamosa County, CO. (d) Amount: 300 gpm. with an average annual amount of ground water to be appropriated not to exceed 60 af. This well, Replacement Well No. 3, will relocate a portion of the water rights from Well No. 4 (Case No. W-299, Registration No. 10068-R) and/or Well No. 1, (Case No. W-299, Registration No. 10065-R). (e) Source: This replacement well, Replacement Well No. 3, will not exceed the depth of 96' or 100' and will draw water from the unconfined aquifer. (f) Appropriation date requested: 4/13/1953, or 7/14/1947, which are the appropriation dates for Well No. 4, W-299, Registration No. 10068- R and Well No. 1, Case No. W-299, Registration No. 10065-R. (g) This quarter section has the following existing irrigation wells: Permit or Registration Nos. 018631-FR, 20463-F, and 25146-F. Part D. Change of Water Right – NW1/4, S5, T39N, R10E, NMPM, in Alamosa County, CO (aka Shop). Ownership: Jason Thomas Kirkpatrick. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other. /// (a) A relocation of the water rights for Well No. 4, Case No. W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R which result in replacement wells partitioning the historic rights to separate locations (fields). (b) Proposed Location: NW1/4 NW1/4, S5, T39N, R10E, NMPM, in Alamosa County, CO. (c) Proposed use: Irrigation of approximately 160 acres in the NW1/4 of S5, T39N, R10E, NMPM, in

11 Alamosa County, CO. (d) Amount: 300 gpm. with an average annual amount of ground water to be appropriated not to exceed 80 af. This well, Well No. Replacement Well No. 4, will relocate a portion of the water rights from Well No. 4 (Case No. W-299, Registration No. 10068-R) and/or Well No. 1, (Case No. W- 299, Registration No. 10065-R). (e) Source: This replacement well, Replacement Well No. 4, will not exceed the depth of 96' or 100' and will draw water from the unconfined aquifer. (f) Appropriation date requested: 4/13/1953, or 7/14/1947, which are the appropriation dates for Well No. 4, W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R. (g) This quarter section has the following existing irrigation wells: Permit or Registration Nos. 018632-RF, 019560-FR, and 25147-F. Proposed additional change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other./// (a) A relocation of the water rights for Well No. 4, Case No. W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R which result in replacement wells partitioning the historic rights to separate locations (fields). (b) Proposed Location: SW1/4 NW1/4, S5, T39N, R10E, NMPM, in Alamosa County, CO. (c) Proposed use: Irrigation of approximately 160 acres in the NW1/4 of S5, T39N, R10E, NMPM, in Alamosa County, CO. (d) Amount: 300 gpm. with an average annual amount of ground water to be appropriated not to exceed 80 af. This well, Well No. Replacement Well No. 5, will relocate a portion of the water rights from Well No. 4 (Case No. W-299, Registration No. 10068-R) and/or Well No. 1, (Case No. W- 299, Registration No. 10065-R). (e) Source: This replacement well, Replacement Well No. 5, will not exceed the depth of 96' or 100' and will draw water from the unconfined aquifer. (f) Appropriation date requested: 4/13/1953, or 6/14/1947, which are the appropriation dates for Well No. 4, W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R. (g) This quarter section has the following existing irrigation wells: Same as stated above. Part E. Change of Water Right – SW1/4, S5, T39N, R10E, NMPM, in Alamosa County, CO (aka Pinky 2). Ownership: Dorothy E. Kirkpatrick, Trustee for Kirkpatrick Survivor "A" Trust - 50% Int. and Kirkpatrick Bypass "B" Trust - 50% Int. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other./// (a) A relocation of the water rights for Well No. 4, Case No. W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R which result in replacement wells partitioning the historic rights to separate locations (fields). (b) Proposed Location: NW1/4 SW1/4, S5, T39N, R10E, NMPM, in Alamosa County, CO. (c) Proposed use: Irrigation of approximately 160 acres in the SW1/4 of S5, T39N, R10E, NMPM, in Alamosa County, CO. (d) Amount: 300

12 gpm. with an average annual amount of ground water to be appropriated not to exceed 40 af. This well, Replacement Well No. 6, will relocate a portion of the water rights from Well No. 4 (Case No. W-299, Registration No. 10068-R) and/or Well No. 1, (Case No. W-299, Registration No. 10065-R). (e) Source: This replacement well, Replacement Well No. 6, will not exceed the depth of 100' or 96' and will draw water from the unconfined aquifer. (f) Appropriation date requested: 4/13/1953, or 7i/14/1947, which are the appropriation dates for Well No. 4, W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R. (g) This quarter section has the following existing irrigation wells: Permit or Registration Nos. 22543-F, 45102-F, and 27447-MH (WDID No. 2013720). Part F. Change of Water Right – SE1/4, S6, T39N, R10E, NMPM, in Alamosa County, CO (aka Pinky 1). Ownership: Jason Kirkpatrick. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other. /// (a) A relocation of the water rights for Well No. 4, Case No. W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R which result in replacement wells partitioning the historic rights to separate locations (fields). (b) Proposed Location: NE1/4 SE1/4, S6, T39N, R10E, NMPM, (c) Proposed use: Irrigation of approximately 160 acres in the SE1/4 of S6, T39N, R10E, NMPM, in Alamosa County, CO. (d) Amount: 300 gpm. with an average annual amount of ground water to be appropriated not to exceed 50 af. This well, Replacement No. 7, will relocate a portion of the water rights from Well No. 4 (Case No. W-299, Registration No. 10068-R) and/or Well No. 1, (Case No. W-299, Registration No. 10065-R). (e) Source: This replacement well, Replacement Well No. 7, will not exceed the depth of 100' or 96' and will draw water from the unconfined aquifer. (f) Appropriation date requested: 4/13/1953 or 7/14/1947, which are the appropriation dates for Well No. 4, W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R. (g) This quarter section has the following existing irrigation wells: Permit or Registration Nos. 22542-F, 45103-F and 12193-AD - re-permitting), WDID No. 2013722. Part G. Change of Water Right – SE1/4, S33, T40N, R10E, NMPM, in Alamosa County, CO (aka Walberg). Ownership: Dorothy E. Kirkpatrick, Trustee for Kirkpatrick Survivor "A" Trust - 50% Int. and Kirkpatrick Bypass "B" Trust - 50% Int. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other./// (a) A relocation of the water rights for Well No. 4, Case No. W-299, Registration No. 10068-R and Well No. 1, Case No. W- 299, Registration No. 10065-R which result in replacement wells partitioning the historic rights to separate locations (fields). (b) Proposed Location: NW1/4 SE1/4, S33, T40 N, R10E, NMPM, in Alamosa County, CO. (c) Proposed use: Irrigation of approximately 160 acres in the SE1/4 of S33, T40N, R10E, NMPM,

13 in Alamosa County, CO. (d) Amount: 300 gpm. with an average annual amount of ground water to be appropriated not to exceed 70 af. This well, Replacement Well No. 8, will relocate a portion of the water rights from Well No. 4 (Case No. W-299, Registration No. 10068-R) or Well No. 1, (Case No. W-299, Registration No. 10065-R). (e) Source: This replacement well, Replacement Well No. 8 will not exceed the depth of 100' or 96' and will draw water from the unconfined aquifer. (f) Appropriation date requested: 4/13/1953 or 7/14/1947 which are the appropriation dates for Well No. 4, W-299, Registration No. 10068-R and Well No. 1, Case No. W-299, Registration No. 10065-R. (g) This quarter section has the following existing irrigation wells: Permit or Registration Nos. 15371-F, 24070-F and 020264-F./// NOTE: 1.) The addition of these new wells will not result in an expansion of irrigated area as the NW1/4 and SW1/4 of Section 28 (T40N, R10E, NMPM) property will no longer be irrigated and the original wells and their alternate points of diversion wells will be plugged and abandoned or legally retained through subsequent well permits for non irrigation uses. This change of water rights application merely seeks to relocate the historic rights well Nos. 4 and 1, in Case No. W-299 and their alternate point of diversions, to eight new wells. 2.) The eight Replacement wells will not exceed a depth of 96' or the 100' which are the depths of the parent wells or the top of the confined clay series - whatever comes first. 3.) The applicants are requesting the above-stated eight new wells be allowed to work as a "manifold" system. This is a "paper bank" whereas the gpm. and annual af. amounts that are withdrawn from each of the eight wells may vary from year to year. However, the combined diversions will not exceed 2300 gpm or 450 af. annually. Data was taken from the historic use analysis by TZA Water Engineers, Inc.. The fields have a shortage of well water supply and the change of water rights or use of the "manifold" system will not result in an expansion of use as no additional acreage will be irrigated. THE ADJUDICATION OF PRE-EXISTING ALTERNATE POINTS OF DIVERSION, SUPPLEMENTAL WELLS OR REPLACEMENT WELLS

Part H. Change of Water Right – NE1/4, S4, T39N, R10E, NMPM, in Alamosa County, CO (aka Shane). Ownership: Beverly Ann Chaves f/k/a Beverly Ann Burris - 1/2 Interest and Shane S. Burris - 1/2 Interest. History and Water Rights Associated with Farm: Name of structure: Well No. 3, Case No. W-3574, Permit No. 9246-F, WDID No. 2005750. Decreed applicant: George W. Kirkpatrick. Date of original decree: 11/17/1977; Amended Decree: 10/30/1980, in Case No. W-3574, Water Div.3. Legal description of structure: Center of NE1/4, S4, T39N, R10E, NMPM, at a point 1320 ft. from the North Section Line & 1320 ft. from the East Section Line in Alamosa County, CO, The GPS location of the well is UTM Zone 13S NAD83 422532 mE and 4168313 mN. Decreed amount: 1500 gpm, being 3.34 cfs. Decreed source of water: Unconfined aquifer. Depth of well: 120' with 16" casing diameter. The amount of plain casing is from 0' to 20' and the perforated casing is from 20' to 120'. Appropriation Date: 4/29/1973. Decreed use: Irrigation. Well No. 3, Permit No. 9246-F was plugged and abandoned and replaced by a new well drilled under Permit No. 9246-FR. Proposed change: (a) describe change requested: alternate point of

14 diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other. /// (a) Permit No. 28261-F was approved on 4/1/1985, and issued to George Kirkpatrick. The Permit was issued as an alternate point of diversion for Well No. 9246-F (Well No. 3, Case No. W-3574). (b) Location: NE1/4 NE1/4, S4, T39N, R10E, NMPM, at a point 1320 ft. from the North Section Line & 720 ft. from the East Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 422720 mE and 4168271 mN. (c) Use: This well (Well No. 3-AAA, Permit No. 28261-F, WDID No. 2013947), Well No. 9246-FR (Well No. 3, W-3574), Well No. 21712-F (Well No. 3-A, Case No. 82CW189), and Well No. 24670-F (Well No. 3-AA, Case No. 82CW189) are restricted to the irrigation of 160 acres in the NE1/4, S 4, T 39N, R 10 E, NMPM. (d) Amount and proposed plan for operation: The combined maximum pumping rate of this well (Well No. 3-AAA, Permit No. 28261-F), Well No. 9246-FR, Well No. 21712-F and Well No. 24670-F shall not exceed 1500 gpm. with an average annual amount of ground water to be appropriated not to exceed 400 af. This well is an alternate point of diversion well for Well No. 3, Case No. W-3574, Permit No. 9246-FR. This Alternate point of diversion well, Well No. 3-AAA, is 70 ft. in depth with a 18” casing diameter, and is unperforated from a depth of 0’ to 20’ and the well has perforated casing from a depth of 20’ to a depth of 70’. (e) Appropriation date requested: 4/29/1973 the appropriation date for Well No. 3, W-3574, Registration No. 9246-FR. (f) Source: Unconfined Aquifer. Part I. Change of Water Right – NW1/4, S5, T39N, R10E, NMPM, in Alamosa County, CO (aka Shop). Ownership: Jason Thomas Kirkpatrick. History and Water Rights Associated with Farm: Name of structure: Well No. 1-A, Case No. W-3574, Permit No. 19560-F. Decreed applicant: George W. Kirkpatrick. Date of original decree: 11/17/1977; Amended Decree: 10/30/1980, in Case No. W- 3574, Water Div.3. Legal description of structure: NE1/4 NW1/4, S5, T39N, R10E, NMPM, at a point 720 ft. from the North Section Line & 1500 ft. from the West Section Line in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 421760 mE and 4169141 mN. (The actual location of the well is 102 ft. from the North Section Line and 2070 ft. from the West Section Line.) Decreed amount: 585 gpm, being 1.30 cfs. Decreed source of water: Unconfined aquifer. Depth of well: 120' with 21" casing diameter. The amount of plain casing is from 0' to 26' and the perforated casing is from 26' to 120'. Appropriation Date: 6/4/1974. Decreed use: Irrigation. This well is an alternate point of diversion only for Well No. 1, W-3574, Permit No. 018632-F, (which has been replaced by Well No. 1-R, Case No. 91CW11, Permit No. 18632-RF, WDID No. 2006622). Well No. 1-A, W-3574, Permit No. 19560-F, is not an independent source of water. Well No. 1-A, W-3574, Permit No. 19560-F has been replaced by Well Permit No. 19560-FR. Well No. 1-A has been abandoned and a Well Abandonment Report filed. The decreed location of Well No. 1-A, Case No. W- 3574 is incorrect and a conditional of approval of the replacement well, Well No. 19560-FR, states that upon completion of the replacement well, the applicant is advised to seek a change of water right to correct the legal location of the well.

15 Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; (f) appropriation date; and (g) other./// (a) Permit No. 19560-FR was approved on 8/4/2010, and issued to Jason T. Kirkpatrick. The Permit was issued as a replacement of Permit No. 19560-F (decreed by the Water Court as Well No. 1-A, Case No. W- 3574, as an alternate point of diversion to Well No. 18632-F, Well No. 1, Case No. W-3574). Please note that Well No. 1, Case No. W-3574, Permit No. 18632- F, has been replaced by Well No. 18632-RF (Well No. 1-R, Case No. 91CW11). (b) Location: NE1/4 NW1/4, S5, T39N, R10E, NMPM, at a point 77 ft. from the North Section Line & 2048 ft. from the West Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 420368 mE and 4168680 mN. (c) Use: This well (Well No. 1-AAA, Permit No. 19560-FR, WDID No. 2005745), is restricted to the irrigation of 135.3 acres in the NW1/4, S 5, T 39N, R 10 E, NMPM. (d) Amount and proposed plan for operation: Well No. 1- AAA shall not exceed 585 gpm. and the annual amount of ground water to be appropriated by this well shall not exceed 162 af. The combined maximum pumping rate of this well (Well No. 1-AAA, Permit No. 19560-FR), Well No. 18632-RF (Well No. 1-R, Case No. 91CW11) and Well No. 25147-F (Well No. 1- A, Case No. 82CW189) shall not exceed 585 gpm. This well is a replacement well for Well No. 1-A, Case No. W-3574, Permit No. 19560-F. This replacement well, Well No. 1-AAA, is 70 ft. in depth with a 16” casing diameter, and is unperforated from a depth of 0’ to 25’ and 65' to 70'. The well has perforated casing from a depth of 25’ to a depth of 65’. (e) Appropriation date requested: 6/4/1974, the date for Well No. 1-A, W-3574, Permit No. 19560-F. (f) Source: Unconfined Aquifer. Part J. Change of Water Right – SE1/4, S5, T39N, R10E, NMPM, in Alamosa County, CO (aka Cole). Ownership: James T. Kirkpatrick. History and Water Rights Associated with Farm: Name of structure: Well No. 1, Case No. W-2572, Permit No. 12926-F, WDID No. 2005826. Decreed applicants: Gerald & Barbara Anne Proctor, as Joint Tenants. Date of original decree: 8/19/1976; Amended Decree: 9/13/1985, in Case No. W-2572, Water Div. 3. Legal description of structure: SW1/4 SE1/4, S5, T39N, R10E, NMPM, at a point 200 ft. from the South Section Line & 2630 ft. from the East Section Line in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 420521 mE and 4167159 mN. Decreed amount: 800 gpm, being 1.78 cfs. Decreed source of water: Confined and Unconfined aquifer (dually completed). Depth of well: 103' with 16" casing diameter. The amount of plain casing is from 0' to 23' and the perforated casing is from 23' to 103'. Appropriation Date: 7/31/1945. Decreed use: Irrigation. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; and (f) appropriation date. /// (a) Permit No. 041488-F was approved on 8/17/1992, and issued to George W. Kirkpatrick. The Permit was issued as a second alternate

16 point of diversion for Well No. 12926-F (Well No. 1, Case No. W-2572). (b) Location: NE1/4 SE1/4, S5, T39N, R10E, NMPM, at a point 1500 ft. from the South Section Line & 1180 ft. from the East Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 420945 mE and 4167502 mN. (c) Use: Irrigation of 130 acres in the SE1/4, S 5, T 39N, R 10 E, NMPM. (d) Amount and proposed plan for operation: The simultaneous maximum pumping rate of this well, Well No. 1-A; Well No. 12926-F, WDID No. 2014454 (Well No. 1, W-2572) and Well No. 24712-F (Well No. 1-S, Case No. 85CW25) shall not exceed 800 gpm; and the combined average annual amount of ground water to be appropriated shall not exceed 390 af. This well is an alternate point of diversion well for Well No. 1, Case No. W-2572, Permit No. 12926-F. This Alternate point of diversion well, Well No. 1-A, is 75 ft. in depth with a 20" and 16” casing diameter, and is unperforated with 20" casing from a depth of 0’ to 20’ and the well has 16" perforated casing from a depth of 20’ to a depth of 75’. (e) Appropriation date requested: 7/31/1945, the appropriation date for Well No. 1, W-2572, Permit No. 12926-F (f) Source: Unconfined Aquifer. Proposed additional change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) other; (f) source. /// (a) Permit No. 53245-F was approved on 2/18/2000, and issued to George W. Kirkpatrick. The Permit was issued as a supplemental point of diversion for Well Permit No. 12926-F (Well No. 1, Case No. W-2572). (b) Location: NW1/4 SE1/4, S5, T39N, R10E, NMPM, at a point 2580 ft. from the South Section Line & 2080 ft. from the East Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 420642 mE and 4167818 mN. (c) Use: This well (Well No. 1-SS, Permit No. 53245-F, WDID No. 2013948); Well No. 12926-F (Well No. 1, Case No. W-2572); Well No. 24712-F (Well No. 1-S, Case No. 85CW25) and Well No. 41488-F (Well No. 1-A in this application) are restricted to the irrigation of 154 acres in the SE1/4, S 5, T 39N, R 10 E, NMPM. (d) Amount and proposed plan for operation: The maximum pumping rate of this well, Well No. 1-SS, Permit No. 53245-F shall not exceed 500 gpm. The simultaneous maximum pumping rate of this well, Well No. 1-SS (Permit No. 53245-F); Well No. 12926-F, Well No. 24712-F and Well No. 41488- F shall not exceed 800 gpm. with an average annual amount of ground water to be appropriated not to exceed 390 af. This well is a supplemental well for Well No. 1, Case No. W-2572, Permit No. 12926-F. This supplemental well, Well No. 1-SS, is 70 ft. in depth with a 16” casing diameter, and is unperforated from a depth of 0’ to 19’ and the well has perforated casing from a depth of 19’ to a depth of 70’. (e) Appropriation date requested: 7/31/1945, the appropriation date for Well No. 1, W-2572, Permit No. 12926-F. (f) Source: Unconfined aquifer. Part K. Change of Water Right – NE1/4, S33, T40N, R10E, NMPM, in Alamosa County, CO (aka Cowan). Ownership: Dorothy E. Kirkpatrick, Trustee for Kirkpatrick Survivor "A" Trust - 50% Int. and Kirkpatrick Bypass "B" Trust - 50% Int. History and Water Rights Associated with Farm: Name of structure: Cowan Sump Well No. 1, Case No. W-1610, Permit No. 45859-F,

17 WDID No. 2011039. Decreed applicants: Marshall M. & Judith E. Cowan. Date of original decree: 12/18/1975, in Case W-1610, Water Div.3. Legal description of structure: N1/2 N1/2 NE1/4, S33, T40N, R10E, NMPM, at a point 40 ft. from the North Section Line & 390 ft. from the East Section Line in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 422843 mE and 4170334 mN. Decreed amount: 1000 gpm, being 2.23 cfs. Decreed source of water: Unconfined aquifer. Depth of well: 6' and the casing is 96 ft. by 2047 ft. Appropriation Date: 12/31/1966. Decreed use: Irrigation. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; and (f) appropriation date. /// (a) Permit No. 045885-F was approved on 12/22/1995, and issued to George Kirkpatrick. The Permit was issued as an alternate point of diversion for Well Permit No. 45859-F (Cowan Sump Well No. 1, Case No. W-1610). (b) Location: Center of the NE1/4, S33, T40N, R10E, NMPM, at a point 1320 ft. from the North Section Line & 1320 ft. from the East Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 422558 mE and 4169924 mN. (c) Use: The use of water from this well, Cowan Sump Well No. 1-A, WDID No. 2014238 is limited to the irrigation of 116 acres in the NE1/4, S 33, T 40N, R 10E, NMPM. The use of water from this well, Cowan Sump Well No. 1-A with Well Nos. 23501-F (Well No. 1, Case No. 81CW35) and 45859-F (Cowan Sump Well No. 1, Case No. W-1610) is limited to the irrigation of 146 acres in the NE1/4, S 33, T40N, R10E, NMPM. (d) Amount and proposed plan for operation: The maximum pumping rate from this well, Cowan Sump Well No. 1-A shall not exceed 500 gpm (The simultaneous maximum pumping rate of this well and well nos. 45859-F shall not exceed 1000 gpm.) The maximum annual amount of ground water to be appropriated from this well, Cowan Sump Well No. 1-A, shall not exceed 234 af. (The maximum annual amount of ground water to be appropriated by this well, Cowan Well No. 1-A and Well No. 45859-F, shall not exceed what has historically been appropriated by well No. 45859-F. Ground water appropriated by Well No. 45859-F has also been used to cover evaporation from 4.51 acres of exposed pond surface. This well, Cowan Sump Well No. 1-A, is an alternate point of diversion well for Cowan Sump Well No. 1, Case No. W-1610, Permit No. 45859-F. This Alternate point of diversion well, Cowan Sump Well No. 1-A, is 90 ft. in depth with a 16” casing diameter, and is unperforated from a depth of 0’ to 20’ and 90' to 100' and the well has perforated casing from a depth of 20’ to a depth of 90’. (e) Appropriation date requested: 12/31/1966, the appropriation date for Cowan Sump Well No. 1, W-1610, Permit No. 45859-F. (f) Source: Unconfined Aquifer. Part L. Change of Water Right – SE1/4, S33, T40N, R10E, NMPM, in Alamosa County, CO (aka Walberg). Ownership: Dorothy E. Kirkpatrick, Trustee for Kirkpatrick Survivor "A" Trust - 50% Int. and Kirkpatrick Bypass "B" Trust - 50% Int. History and Water Rights Associated with Farm: Name of structure: Well No. 4, Case No. W-1021, Permit No. 15371-F, WDID No. 2010047. Decreed applicants: Marshall M. & Judith E. Cowan as Joint Tenants.

18 Date of original decree: 10/16/1975, in Case W-1021, Water Div. 3. Legal description of structure: SW1/4 SE1/4, S33, T40N, R10E, NMPM, at a point 400 ft. from the South Section Line & 2600 ft. from the East Section Line in Alamosa County, CO, The GPS location of the well is UTM Zone 13S NAD83 422178 mE and 4168868 mN. Decreed amount: 600 gpm, being 1.34 cfs. Decreed source of water: Unconfined aquifer. Depth of well: 56' with 16" casing diameter, and is unperforated from a depth of 0' to 30' and has perforated casing from a depth of 30' to 56'. Appropriation Date: 7/1/1971. Decreed use: Irrigation. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; and (f) appropriation date. /// (a) Permit No. 24070-F was approved on 3/22/1979, and issued to Marshall M. Cowan. The Permit was issued as an alternate point of diversion for Well Permit No. 15371-F (Well No. 4, Case No. W-1021). (b) Location: SW1/4 SE1/4, S33, T40N, R10E, NMPM, at a point 660 ft. from the South Section Line & 1980 ft. from the East Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 422405 mE and 4169029 mN. (c) Use: The use of water from this well, Well No. 4-A, WDID No. 2014239, Permit No. 24070-F; Well No. 15371-F (Well No. 4, Case No. W-1021) and 20264-F (Well No. 5, Case No. W-3929) is limited to the irrigation of the SE1/4, S 33, T40N, R 10E, NMPM. (d) Amount and proposed plan for operation: The simultaneous pumping rate and average annual appropriation from this well, Well No. 4-A, Permit No. 24070-F, and Well No. 15371-F (Well No. 4, Case No. W-1021) shall not exceed 600 gpm. and 400 af. respectively. This well, Well No. 4-A, is an alternate point of diversion well to supplement Well No. 4, Case No. W-1021, Permit No. 15371-F. This Alternate point of diversion well, Well No. 4-A, is 80 ft. in depth with a 16” casing diameter, and is unperforated from a depth of 0’ to 20’ and has perforated casing from a depth of 20’ to a depth of 80’. (e) Appropriation date requested: 7/1/1971, the appropriation date for Well No. 4, W-1021, Permit No. 15371-F. (f) Source: Unconfined Aquifer. Part M. Change of Water Right – SW1/4, S33, T40N, R10E, NMPM, in Alamosa County, CO (aka GK Home Quarter). Ownership: Dorothy E. Kirkpatrick, Trustee for Kirkpatrick Survivor "A" Trust - 50% Int. and Kirkpatrick Bypass "B" Trust - 50% Int. History and Water Rights Associated with Farm: Name of structure: Well No. 1, Case No. W-1217, Permit No. 014902-F, WDID No. 2010340. Decreed applicants: Ernest E. & Harriet L. Cox. Date of original decree: 3/13/1975, in Case W-1217, Water Div. 3. Legal description of structure: SW1/4 SW1/4, S33, T40N, R10E, NMPM, at a point 800 ft. from the South Section Line & 550 ft. from the West Section Line in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 421513 mE and 4168974 mN. Decreed amount: 800 gpm, being 1.78 cfs. Decreed source of water: Unconfined aquifer. Depth of well: 120' with 16" casing diameter, and is unperforated from a depth of 0' to 20' and has perforated casing from a depth of 20' to 120'. Appropriation Date: 5/8/1970. Decreed use: Irrigation. /// History and Water Rights Associated with Farm: Name of structure: Well No. 6, Case

19 No. 80CW1, Permit No. 21995-F, WDID No. 2008033. Decreed applicants: Marshall M. & Judith E. Cowan. Date of original decree: 5/28/1980, in Case 80CW1, Water Div. 3. Legal description of structure: NW1/4 SW1/4, S33, T40N, R10E, NMPM, at a point 3240 ft. from the North Section Line & 300 ft. from the West Section Line in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 421379 mE and 4169324 mN. Decreed amount: 600 gpm, being 1.34 cfs. Decreed source of water: Unconfined aquifer. Depth of well: 80' with 16" casing diameter, and is unperforated from a depth of 0' to 20' and has perforated casing from a depth of 20' to 80'. Appropriation Date: 1/6/1977. Decreed use: Irrigation and stockwater. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount and proposed plan for operation; (e) source; and (f) appropriation date. /// (a) Permit No. 047987-F was approved on 3/17/1997, and issued to George Kirkpatrick. The Permit was issued as a supplemental point of diversion for Well Permit No. 14902-F (Well No. 1, Case No. W-1217) and Well Permit No. 21995-F (Well No. 6, Case No. 80CW1). (b) Location: Center of SW1/4, S33, T40N, R10E, NMPM, at a point 1320 ft. from the South Section Line & 1320 ft. from the West Section Line, in Alamosa County, CO. The GPS location of the well is UTM Zone 13S NAD83 421760 mE and 4169141 mN. (c) Use: The use of water from this well, Well No. 1/6-S, WDID No. 2014240, Permit No. 047987-F; 14902-F (Well No. 1, Case No. W-1217) and Well No. 21995-F (Well No. 6, Case No. 80CW1) is restricted to irrigation of 127 acres under center pivot sprinkler and 11.7 acres in the two east sprinkler corners. (d) Amount and proposed plan for operation: The maximum pumping rate of this well, Well No. 1/6-S, shall not exceed 800 gpm. The simultaneous pumping rate of this well, Well No. 1/6-S; Well No. 14902-F and Well No. 21995-F shall not exceed 1400 gpm. The maximum annual amount of ground water to be appropriated from this well, Well No. 1/6-S, shall not exceed 260 af. The combined average annual amount of ground water to be appropriated by this well, Well No. 1/6-S; Well No. 14902-F and Well No. 21995- F shall not exceed 560 af. This well, Well No. 1/6-S, is a supplemental point of diversion well for Well No. 1 (Case No. W-1217, Permit No. 14902-F) and Well No. 6 (Case No. 80CW1, Permit No. 21995-F). This supplemental point of diversion well, Well No. 1/6-S is 80 ft. in depth with a 16” casing diameter, and is unperforated from a depth of -1’ to 20’ and has perforated casing from a depth of 20’ to a depth of 80’. (e) Appropriation date requested 5/8/1970, the appropriation date for Well No. 1, W-1217, Permit No. 014902-F and January 6, 1977, the appropriation date for Well No. 6, 80CW1, Permit No. 21995-F. (f) Source: Unconfined Aquifer. Names and address of owners or reputed owners of the land upon which any new diversion or 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: Jason Thomas Kirkpatrick, aka Jason T. Kirkpatrick, aka Jason Kirkpatrick, 7344 Lane 6 North, Mosca, CO 81146; Dorothy E. Kirkpatrick, Trustee for the Kirkpatrick Survivor "A"

20 Trust and the Kirkpatrick Bypass "B" Trust, 8079 Lane 6 North, Mosca, CO 81146; Beverly Ann Chaves, f/k/a Beverly Ann Burris, 401 Maple, Clayton, NM 88415 and Shane S. Burris, PO Box 63, Mosca, CO 81146. Remarks: Copies of Court Decrees, Permit/Regis. documents and maps are attached to the application and may be viewed in the office of the Water Clerk.

(227 pages including attachments)

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 December, 2011, 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, amended 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 15th day of October, 2011.

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

SEAL

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