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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 right applications filed in the Office of the Water Clerk during the month of August, 2006, for each county affected. 06CW53 LA PLATA and ARCHULETA COUNTY, LA PLATA WATER DISTRICT NO. 33 1. Applicant: Name, Address, Telephone Number: Patrick M. Kerrigan and L. Elayne Kerrigan, 3531 County Road 973, Ignacio, Colorado 81137, 970-883-2225. 2. Attorney: James C. Anesi, 2023 Main Avenue, Suite A, Durango, Colorado 81301; (970) 247-8720. 3. Structure or Plan: Kerrigan Ditch #2. 4. Type of Application: Water Rights (Surface). 5. Drainage Basin: San Juan Pine, La Plata and Archuleta Counties, Colorado. 6. Location: A. SW ¼ of the NE ¼ of Section 3, Township 32N, Range 6W, N.M.P.M., Archuleta County, Colorado 7. Type of Use: Irrigation of approximately 15.6 acres and stock watering. 8. Type of Structure: Waste water and existing ditch. 9. Quantity: .4 cfs absolute 10. Additional Information: The Applicant has been using the said waste water and existing ditch for irrigation since May 15, 1978, on lands owned by the Applicant. (3 pages) 06CW54 Carol and Craig Burnham, 700 Main Ave., Durango, CO 81301: Harris Patterson Ditch; Date of previous decree, November 8, 1923; Case No. CA1751; La Plata County; The headgate of said ditch is located on the East bank of the Florida River, a tributary of the Rio Las Animas, from which stream said ditch derives and diverts its supply of water at a point in the SE1/4NW1/4, Section 30, T35N, R8W, N.M.P.M.; Florida River; Appropriation date, July 20, 1880; Irrigation; Applicant seeks to change use and the diversion location, applicant wishes to change the .01 cfs of the F-9 priority water from the historic decreed use and location to a well located in the downstream drainage of Meadow Creek (see application for further details); 2.50 cfs First Enlargement; Application for Change of Water Right (13 pages) 06CW55 Melvin L. Rush, 245 Mushroom Dr., Bayfield, CO 81122; Rush Pump and alternate point; La Plata County; SE1/4SE1/4, Section 29, T37N, R6W, N.M.P.M., 911 ft from S and 105 feet from E; Vallecito Valley #1, Lot 12A, Northing 4146746 and Easting 274358, Zone 13; Tributary to Grimes creek, unnamed and alternate point in Grimes Creek; Date of initiation of appropriation, May 1, 2003; Appropriation initiated by Pine River Irrigation District; Date applied to beneficial use, May 1, 2003; Irrigation of lawn and garden; 0.05 cfs Absolute; Application for Water Rights (Surface) (3 pages) 06CW56 Werner Schumacher, 217 Mushroom Dr., Bayfield, CO 81122; Schumacher Pump; La Plata County; SE1/4SE1/4, Section 29, T37N, R6W, N.M.P.M., 911 ft from S and 105 ft from E; Vallecito Valley #1, Lots 10 & 11, Northing 4146746, Easting 274358, Zone 13; Tributary to Grimes Creek, unnamed; Date of initiation of appropriation, May 1, 2003; Appropriation initiated by Pine River Irrigation District; Date applied to beneficial use, May 1, 2003; Irrigation of lawn and garden; 0.033 cfs Absolute; Application for Water Rights (Surface) (3 pages) 06CW57 Helen Ruth Aspaas, 2804 Hawthorne Ave., Richmond, VA 23222: Aspaas Spring; Date of original decree, November 21, 2000; Case No. 99CW51; La Plata County, SW1/4SE1/4, Section 5U, T34N, R11W, N.M.P.M., 400 ft from S and 1900 ft from E; La Plata River Drainage; Appropriation date, June 1, 1999; Date applied to beneficial use, June 1, 1999; Irrigation, watering livestock; Work performed towards completion of project outlined in detail in Application; 5 gpm (0.011 cfs) Absolute; Application to Make Absolute (10 pages) 06CW58 Zia Trust Inc., Trustee for Emma J. Hart, P. O. Box 30928, Albuquerque, NM 87190: Hart Pipeline and Pump Station; Date of original decree, May 1, 1997; Case No. 98CW9; Archuleta County; SE1/4NE1/4, Section 31, T34N, R1W, N.M.P.M.; Rio Blanco, San Juan River drainage; Appropriation date, May 1, 1997; Irrigation of 2.06 acres; .5 cfs Conditional; Application for Finding of Diligence (2 pages) Case No. 06CW59 CONCERNING THE WATER RIGHTS OF DILLON RANCHES, LLLP IN LA PLATA COUNTY, COLORADO Name, address, telephone number(s) (residence and business) of applicant(s): Dillon Ranches, LLLP P. O. Box 1773 Durango, Colorado 81301 (970) 247-9331 Name(s) of well(s) and permit, registration, or denial number(s). (If permit applied for, but not acted upon, give date of permit application: Sandco Gravel Pit Well. Permit to expose water in a pit (Sandco Gravel Pit). Permit No. 59213, Water Division 7, Water District 30; Date of Permit: 3-07- 03 and Decree for Conditional Water Right in Case No. O4CW59. Legal description of well (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate ¼ ¼, section number, township, range and meridian; include map). The location may include UTM coordinates based on Zone 13 and NAD27(CONUS) datum. In urban areas, include street address, lot, block, and subdivision: La Plata County, NW1/4NW1/4, Section 14, Township 36 North, Range 9 West, N.M.P.M.; 350 Feet from the South Section Line and 550 Feet from the West Section Line. Street Address: 691 County Road 252, Durango, Colorado, 81301 Source: Animas River Depth: 40± Feet Date of appropriation: 12/7/2005 2 How appropriation was initiated: By making application with the U.S. Department of Agriculture to obtain a sprinkler system as per the attached Conservation Program Application which was applied for in the name of the individuals on behalf of Dillon Ranches LLLP as the signatures to the application are all members of the LLLP Date water applied to beneficial use: N/A Amount claimed: 350 gpm Conditional If well is non-tributary: Name of Aquifer ________ Amount claimed in acre feet annually: 123 acre feet per year pursuant to the well permit attached to the application filed with the Water Court. Proposed Use: If irrigation, complete the following: (1) Number of acres historically irrigated: 44 acres of which 39.8 acres will be used for a pond area (gravel pit). The Applicant has made application to the United States Department of Agriculture Conservation Program for a sprinkler system that the Applicant would use to pump water from the pond. The area surrounding the perimeter of the pond is constructed within the legal description attached to the original Application in Case No. 04CW59. The southerly and westerly portion of this property has not been irrigated because the land is very loamy and not conducive to flood irrigation. Consequently, in order to irrigate this property, the Applicant needs to do so with a pressurized irrigation sprinkler system. (2) Total number of acres proposed to be irrigated: It is proposed by the Application that it be allowed to irrigate approximately 44 acres of land in the aforesaid sections as shown on the map attached to the application filed with Water Court as Exhibit A, Map I which is outlined in orange as the outlying perimeters. The Applicant has obtained a Land Use Permit from La Plata County to extract gravel from what is called the Sandco Gravel Pit, which at the completion of the gravel pit a pond will be approximately 44 acres in size. The original Decree and Well Permit only allow for irrigation of 4.2 acres of land. The Applicant expects to extract pit run material from the gravel pit, at the rate of approximately 2 acres per year. Consequently, it is anticipated that it will be approximately 20 years before the project is completed. During the interim, it is the Applicant’s request that it be allowed to use the water granted under Permit No. 59213F and Water Case No. 04CW59 for irrigation of approximately 44 acres. In addition, the Applicant wishes to have additional uses for this water to include those set forth below. The Well Permit for the gravel pit mining operation for water losses are estimated to be approximately 94 acre feet when the pond is completed plus 4.2 acres for irrigation around the perimeter of the pond. Therefore, the Applicant seeks to use the full amount of water granted under the underground water right to irrigate that area designated for the gravel pit as well as the perimeter of where the pond will be located. As the size of the pond increases, the amount of water used for irrigation from the pond will decrease so the net effect will be that when the gravel pit is completed, the amount of water to be used other than for evaporation and the additional uses described below will be for approximately 7.1 acre feet of water to irrigate around the perimeter of the pond, being approximately 4.2 acres. (3) Legal description of the land irrigated: Portions of E1/2NE1/4NE1/4, Section 15, NW1/4NW1/4, Section 14, and SW1/4SW1/4, Section 11, all in Township 36 North, Range 9 West, N.M.P.M., all as per the map attached to the application filed with the Water Court. B. If non- irrigation, describe purpose fully: In addition to dust suppression and evaporation set forth in Well Permit 59213F (attached to the application filed with the Water Court), the Applicant seeks to have the additional uses for the pond consisting of recreational, piscatorial, stock watering, wildlife watering, aquatic life and fire prevention. The Applicant has or will file with the Division of Water 3 Resources an amendment to the aforesaid well permit for the same additional non-irrigation uses.
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