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. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Dillon Ranches, LLLP 691 County Road 252 P. O. Box 1773 Durango, Colorado 81302 Remarks: See Division of Water Resources Well Permit 59213-F, Division 7, Water District 30. Frank J. Anesi, Reg. 1365 Attorney for Applicant P. O. Box 2185 Durango, Colorado 81302 (970) 247-9246 [email protected] (10 pages)

06CW60. COLORADO WATER CONSERVATION BOARD, IN YELLOW JACKET CANYON CREEK, A NATURAL STREAM, IN THE WATERSHED OF MC ELMO CREEK AND YELLOW JACKET CANYON CREEK, IN MONTEZUMA COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5th Flr, Denver, CO 80203, 303 866-5361. 2. Name of natural stream: Yellow Jacket Canyon Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Dawson Draw at latitude 37° 28’ 18.53” N and longitude 108° 44’ 07.04” W as the upstream terminus and extending to the confluence of with Sandstone Canyon at latitude 37° 25’ 09.06” N and longitude 108° 54’ 01.41” W as the downstream terminus, being a distance of approximately 12.58 miles. This segment can be located on the Arriola, Woods Canyon, and Negro Canyon U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = UTM North: 4153770.707 UTM East: 169652.269, SW ¼ SW ¼, Section 9, T37N, R17W, 668 feet, East of the West Section Line, 412 feet, North of the South Section Line, Lower Terminus = UTM North: 4148521.088 UTM East: 154802.587, NW ¼ SW ¼, Section 36, T37N, R19W, 937 feet, East of the West Section Line, 2126 feet, North of the South Section Line. 4. a. Date of initiation of appropriation: January 25, 2006. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2006. c. How appropriation was initiated: At its regular meeting on January 25, 2006, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 3.2 cfs (May 16 – Oct. 31) and 2.5 cfs (Nov. 1 – May 15). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be

4 preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. (4 pages)

06CW61. COLORADO WATER CONSERVATION BOARD, IN YELLOW JACKET CANYON CREEK, A NATURAL STREAM, IN THE WATERSHED OF MC ELMO CREEK AND YELLOW JACKET CANYON CREEK, IN MONTEZUMA COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5th Flr, Denver, CO 80203, 303 866-5361. 2. Name of natural stream: Yellow Jacket Canyon Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from Sandstone Canyon at latitude 37° 21’ 00.87” N and longitude 108° 59’ 47.6” W as the upstream terminus and extending to Ismay Ditch at latitude 37° 25’ 09.06” N and longitude 108° 54’ 01.41” W as the downstream terminus, being a distance of approximately 10.64 miles. This segment can be located on the Negro Canyon and Bowdish Canyon U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = UTM North: 4141224.864 UTM East: 145963.442, SW¼ NE¼, Section 25, T36N, R20W, 1353 feet, West of the East Section Line, 2108 feet, South of the North Section Line. Lower Terminus = UTM North: 4148521.088 UTM East: 154802.587, NW ¼ SW ¼, Section 36, T37N, R19W, 937 feet, East of the West Section Line, 2126 feet, North of the South Section Line. 4. a. Date of initiation of appropriation: January 25, 2006. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2006. c. How appropriation was initiated: At its regular meeting on January 25, 2006, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 2.1 cfs (Jan 1 – Dec 31). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. (4 pages)

06CW62 (98CW85); APPLICATION FOR FINDING OF REASONABLE DILIGENCE in La Plata County. MacDonald Becket, individually and u/d/t for the MacDonald Becket Family Trust, dated July 30, 1974 (“Becket”) 1401 Celadon Drive East, Durango, CO 81301 c/o Charles B. White, Esq., Scott Steinbrecher, Esq. Petros & White, LLC, 730 17th St., Suite 820, Denver, CO 80202, (303) 825-1980. Name of structure: The Gains Spring No. 2 Description of the conditional water right: a. Date of Original Decree: August 31, 2000, Case No. 98CW85, District Court for Water Division No. 7. b. Location: A point of diversion located in the NE1/4 NW1/4 of Section 20, T. 37 N., R. 8 W., N.M.P.M., 1450 feet from the West section line and 115 feet from the North section line. b. Source: Natural spring tributary to Animas River. c. Date of appropriation: May 31, 1998. d. Amount: 0.02 c.f.s., partially absolute and partially

5 conditional. e. Conditional Uses: Irrigation, domestic. Water will be diverted into Gains Draw and rediverted for direct-flow irrigation use at the Dry Lake Diversion as decreed in Case No. 95CW113, Water Division No. 7, on September 8, 1997. The Dry Lake Diversion is located in Section 20, T. 37 N., R. 8 W., N.M.P.M., on Gains Draw upstream from Becket Lake as described below. Water will also be stored in Becket Lake (a/k/a Dry Lake) and used for the beneficial purposes decreed for the Dry Lake Refill in Case No. 95CW113, Water Division No. 7. Becket Lake is located as follows: 1. Becket Lake Dam A: A point whence the W1/4 of Section 19, T. 37 N., R. 8 W., N.M.P.M., bears S 75Ε 30' 51" W, 4805.2 feet; thence along the centerline of the dam N 32Ε 28' 00" E, 113.3 feet. The dam is approximately 125 feet long and is under 10 feet in height. 2. Becket Lake Dam B: A point whence the W1/4 corner of Section 19, T. 37 N., R. 8 W., N.M.P.M. bears S 70Ε 14' 08" W, 5110.4 feet; thence along the centerline of the dam N 49Ε 53' 35" E, 127.4 feet. The dam is approximately 150 feet long and is under 10 feet in height. Location of lands proposed to be irrigated: As provided in the decree in Case No. 95CW113, Water Division No. 7, with respect to the Dry Lake Diversion and Dry Lake Refill. Location of non-irrigation uses: As provided in the decree in Case No. 95CW113, Water Division No. 7, with respect to the Dry Lake Refill. Evidence of reasonable diligence. Gains Spring No. 2 is part of an integrated system for the supply of water to the Celadon II subdivision in T.37N., R.8W., N.M.P.M., and in La Plata County, Colorado. The integrated system includes Dry Lake, the Dry Lake Refill, and the Dry Lake Diversion, which were adjudicated in Case Nos. 88CW123 and 95CW113, Water Division No. 7, and the Becket Lake Bear Creek Refill and Bear Creek Ditch – Becket Enlargement, decreed in Case No. 98CW56, Water Division No. 7. The application contains a summary of the specific projects and work undertaken during the six-year diligence period prior to the filing of this application with respect to the collection, storage, distribution, and use of water under the Conditional Water Right and the integrated water system of which it is a part and is available for inspection at the office of the Water Clerk. Names and addresses of owners of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. Water diverted from the Gains Spring No. 2 may be stored in Becket Lake which is located on property owned by the following parties: Carl W. Adams 101 Becket Lake Drive Durango, CO 81301. Charles F. Dickson Revocable Trust 1815 Shoreacres Road Lake Bluff, IL 60044. Walter M. & Kimberly K. Schonfeld, 17 Briar Cliff, Appleton, WI 54915. Walter M. & Kimberly K. Schonfeld, 45 Navy Street #B, Venice, CA 90291. Steve and Barbara Lowe, 4351 Gulfshore Blvd. North, 11 South, Naples, FL 34103. Bryan C. & Joyce H. Hondru, 620 Grand View Avenue, Pittsburgh, PA 15211. The Applicant respectfully requests that this Court enter a decree entering a finding of reasonable diligence for the Gains Spring No. 2 water right and other such other relief as may be just and proper. (6 pages)

06CW63 Kraig E. Lorenzen, P. O. Box 5559, Pagosa Springs, CO 81147: Little Blanco Highline Ditch Extension; Date of original decree, December 14, 1998; Case No. 98CW76; Archuleta County; Rio Blanco; Appropriation date, December 22, 1997; Irrigation, storage for watering cattle, houses, fire protection via stock pond; Work performed towards completion of project is outlined in detail in Application; 1.5 cfs Irrigation and 2.0 cfs; Application for Finding of Diligence (3 pages)

6 2006CW64, Applicant, Animas Water Company, P.O. Box 1012, Durango, CO 81302, by counsel, Nancy Agro, 1040 Main Avenue, Durango, CO 81301, (970) 247-1113. Applicant for conditional underground water rights, Walker Wells #1 and #2 (permit not applied for), Wells will be drilled on the property located in the SE/4 NW/4 and S/2 NE/4 of Section 11, and SW/4 NW/4 of Section 12, Township 36 North, Range 9 West, N.M.P.M., La Plata County, Colorado, less tracts not described herein, also known as 8191 C.R.250, Durango, Colorado 81301. The approximate location of the well site is anticipated to be a 10,250 square foot area located on the tract west of C.R. 250, near the northern boundary of the property. However, since the well has not been drilled, the location could be moved elsewhere on the tract. Upon application to make this water right absolute, applicant will supply an as-built location for the well. Animas River, Date of Appropriation: October 8, 2004, How appropriation was initiated: Engineering and consultation regarding the need for additional wells. Date water applied to beneficial use: N/A, Amount claimed: 2.0 c.f.s., conditional, Proposed Use: All uses associated with a rural water system including but not limited to domestic, in-house use, commercial, industrial, lawns and gardens, orchards, livestock, fire flow, recreation, fishery, evaporation from and filling of small ponds and water features, storage at an offstream location associated with water treatment facilities, exchange with other treated water systems, and other beneficial uses; Place of Use: The water will be used in the AWC service area approximately defined for purposes of this application as the boundaries of the La Plata County Animas Valley Land Use Plan as of the date of this decree, together with the Falls Creek Area. The southern boundary will be the northern city limits of the City of Durango, and the northern boundary will lie approximately at the northern boundary of Section 13, Township 37 North, Range 9 West, La Plata County, Colorado; Name(s) and address(es) of owner(s) of land on which wells are located: Michael and Marguerite Walker, 8191 C.R.250, Durango, CO 81301; Additional information: This Application is intended to substitute the location of certain conditional water rights requested in AWC application 2004 CW 87. Since the filing of that application, Applicant has determined that the above referenced wells would better serve the needs of the company. Upon entry of the decree in this matter, the request for 2.0 c.f.s. of the conditional water rights sought in 04 CW 87 will be relinquished, such that the total amount of conditional water rights decreed to the Animas Water Company will not exceed that requested in 2004 CW 87. (3 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of October, 2006, to file with the Water Clerk, in quadruplicate, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $70.00; Forms are available through the Office of the Water Clerk or on the Judicial site at www.courts.state.co.us) Paula K. Petersen, Clerk of the Water Court, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157)

Published: before September 30, 2006 Original signature on file Paula K. Petersen, Water Clerk

7 SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE ORDER IN THE MATTER OF THE APPOINTMENT OF WATER JUDGES UNDER THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969 Pursuant to Section 37-92-203(2), C.R.S. (2005) the following judges are designated or redesignated as water judges for the water divisions of the state for 2006:

Division 1 Roger A. Klein Gilbert Gutierrez*

Division 2 C. Dennis Maes Kirk S. Samelson *

Division 3 O. John Kuenhold Pattie P. Swift*

Division 4 J. Steven Patrick Charles R. Greenacre *

Division 5 Daniel B. Petre James B. Boyd*

Division 6 Michael A. O’Hara Daniel J. Kaup*

Division 7 Gregory G. Lyman David L. Dickinson*

Dated this 28th day of August, 2006 effective immediately.

/s/ Mary J. Mullarkey Chief Justice

* Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

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