IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of December, 2015. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II). This notice is an invitation to be included on the SWSP notification list. To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: [email protected]. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us. PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division. To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first- class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e- mail to: [email protected]. Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: www.water.state.co.us. CASE NO. 2015CW47. Applicant: Richard Vierra, 4270 Minnesota Creek Road, Paonia, CO, 81425. Application for Absolute Surface Water Right: Vierra Springs – NE1/4SW1/4SE1/4 of Section 4, T14S, R91W, 6th P.M. 1,217 feet from the south line and 1,380 feet from the east section line. Source: Minnesota Creek and the Gunnison River. Appropriation Date: 04/01/2003. Amount Claimed: 0.05 c.f.s. absolute for irrigation of 1 acre. DELTA COUNTY. CASE NO. 2015CW48. Applicant: Lynne La Corte, P. O. Box 1067, Ridgeway, CO 81432. Application for Simple Change in Surface Point of Diversion Pursuant to 37-92- 305(3.5) C.R.S.: La Corte Pump – Legal description of structure as described in most recent decree that adjudicated the location: 15CW3011 transferred 0.166 c.f.s. from the Wood Perry Ditch Company to La Corte Pump located at the SW1/4SW1/4NE1/4 of Section 4, T45N, R8W, N.M.P.M., at a point 2,221 feet from the north line and 2,265 feet from the east section line. Zone 13, NAD 83, 259387mE, 4229596mN. Decreed Source of Water: Uncompahgre River. Appropriation Date: 05/10/1882. Total amount decreed to structure: 0.166 c.f.s. absolute. Decreed use: Irrigation of 3.89 acres. Amount of water that applicant intends to change: 0.166 c.f.s. Detailed description of proposed change: No intervening water rights and no other water rights affected by this change. New legal description: NW1/4NE1/4 of Section 4, T45N, R8W, N.M.P.M. 1,677 feet from the north line and 2,023 feet from the east section line. Zone 13, 259463mE, 4229759mN. OURAY COUNTY. CASE NO. 2015CW49. Applicant: Edward Herrick, Gunnison River Farms, LLC., P.O. Box 2675, Telluride, CO 81435. Application for Simple Change in Surface Point of Diversion Pursuant to 37-92-305(3.5) C.R.S.: Swan Ditch – NE1/4NW1/4NE1/4 of Section 9, T15S, R94W, 6th P.M. 15 feet from the north line and 1,960 feet from the east section line. Decreed Source of Water: Gunnison River. Appropriation Date: 05/01/1889 and 04/05/1922. Date of Original Decree: 06/23/1914 CA0617 and 03/20/1954, CA3503. Decreed Source of Water: Gunnison River. Total amount decreed to structure: .625 c.f.s. absolute 1914, 1.375 c.f.s. absolute 1954. Decreed use: Irrigation. Amount of water applicant intends to change: 2.0 c.f.s. absolute. Detailed description of proposed Change in a surface point of diversion: This is not a change of location, only a clarification to the original decree. Both decrees have been diverted every year at the described point with no change in location from original decree. Both decrees have been used for irrigation from the time they were approved by the Court. DELTA COUNTY. CASE NO. 2015CW50 (REF NO. 01CW279, 02CW64, 09CW98). Applicants: Martin Frank and DeEtta Frank, 75180 Q 72 Road, Montrose, CO 81401. Application For Finding Of Reasonable Diligence: Bennett Reservoir - SE1/4SW1/4NW1/4 of Section 29, T48N, R7W, N.M.P.M. 1,300 feet east of the west line and 2,400 feet south of the north section line. Source: Hairpin Creek, Cedar Creek, Uncompahgre River. Appropriation date: 12/31/2001. Amount Claimed: 12 acre-feet conditional for domestic use. The application on file with the Water Court contains an outline of the work performed during the diligence period. MONTROSE COUNTY. CASE NO. 2015CW51. Applicant: Sagebrush, LLLP and John Rozman, 24063 Highway 135, Crested Butte, CO 81224. Application for Conditional Surface Water Right: Sagebrush Spring – NW1/4NW1/4 of Section 18, T14S, R85W, 6th P.M. 840 feet from the north line and 340 feet from the west section line. Source: Slate River. Appropriation Date: 12/10/2015. Amount Claimed: 1.0 c.f.s. conditional for irrigation of 35 acres, recreation, fire protection, stockwater and wildlife. GUNNISON COUNTY. CASE NO. 2015CW3089. Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Philip E. Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-mail: [email protected]. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN DELTA COUNTY, COLORADO. 2. Name of water right: Hubbard Creek Instream Flow Water Right. 3. Legal Description: The Hubbard Creek Instream Flow Water Right is located in the natural stream channel of Hubbard Creek from the U.S. Forest Service property boundary to the Deertrail Ditch headgate, a distance of approximately 1.88 miles. This segment of Hubbard Creek can be located on the Bowie U.S.G.S. quadrangle. A map of the Hubbard Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: U.S. Forest Service Property Boundary. 1. UTM: Northing: 4314986.51Easting: 280842.013 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 38° 57’ 23.23”N and longitude 107° 31’45.16”W B. Downstream Terminus: Deertrail Ditch Headgate 1. UTM: Northing: 4312487.26 Easting: 281723.13 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 38° 56’ 3.02”N and longitude 107° 31’ 5.71”W C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD).