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 applications and amended applications or requests for correction filed in the office of the Water Clerk during the month of MAY2017.

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. 2017CW3 HAIDAKHANDI UNIVERSAL ASHRAM; P.O. BOX 9, CRESTONE, CO 81131; ; (719) 256-4108. APPLICATION FOR FINDING OF REASONABLE DILIGENCE TO MAKE ABSOLUTE IN SAGUACHE COUNTY. Name of Structure: Mother Load Pipeline from Spanish Creek. Date of Original Decree: January 22, 1990; Case No. 89CW09; Court: District Court Water Division #3; Subsequent decrees awarding findings of diligence: Cases Nos. 03CW14, 96CW01, 10CW14). Preferred Legal Description: County Saguache, SW1/4, Section 10, Township 1N, Range 1E, LMBG Survey; Street Address: 2349 Camino Baca Grande; Subdivision: Baca Grande Subdivision 1; Source of water: Spanish Creek; Appropriation Date: March 20, 1989, Amount: 0.5 cfs; Use: Domestic, irrigation, educational, commercial and non-consuming hydroelectric power generation. The domestic use was made absolute in Case No. 96CW01 and ¼ acre of irrigation, educational, and commercial uses were made absolute in Case No. 2010CW14 (2003CW14, 1996CW1, 1989CW9) with the remaining decreed use conditional. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Hydro Power Generation Use: Applicants have had a field trip to the Orient Land Trust located in Villa Grove, CO on April 9, 2015 and were shown and explained all of the necessary components for their large hydro system. Report is attached #1. Applicants procured the advice and a site visit form Doug Bishop, executive director of the Orient Land Trust in Spring of 2016 to help ascertain feasibility of creating a hydro system at the Ashram. Report is attached #2. Applicants have researched grant organizations and large donors to support the large expenditure needed to create a hydro system. They have sent off one request for funding so far to Manoj Bhargava in Februray of 2017 and have not had a response. Document available upon request. Applicants have contacted local specialists for advice in the installation and operation of a hydroelectric power generation facility. Irrigation Use: Since we found out that we can not establish a fruit orchard on the additional 60 acres of land since our water right is on the original 45 acres of land, we are revising and researching building a smaller fruit orchard on the 45 acre plot. Applicant has sought professional advise on types of trees, protection of trees from animals, caring for a fruit and costs. (See attachment 3.) Date water applied to beneficial use: October 31, 1996 Amount: 0.5 cfs; Use: Irrigation use on .32 acres (.25 already absolute) for a total of .57 irrigated acres. Description of place of use where water is applied to beneficial use. See aerial image of the property for place of use. We already have in place an 800 sq. ft. greenhouse which is irrigated and used all year round. We also have well over 25,000 sq. ft (.57 acres). areas which are irrigated during the summer and are used for eating outside for large crowds, for shade areas, keeping trees healthy in dry times, and for a safe place for fire protection from wild fire. Applicants are the owners of the land upon which the structure is located and the water is to be place to beneficial use. Remarks or any other pertinent information: The applicant, Haidakhandi Universal Ashram, respectfully requests the Court to grant us a decree finding reasonable diligence on our conditional water right use for non-consuming hydroelectric power generation and the remaining 1.18 acres of irrigation use. We are a small spiritual community with limited funds and employees. This is the reason everything takes a substantial amount of time to complete. A project of this nature would take a sizable grant or donation and we have been researching and soliciting for this. We thank you for your consideration. The water right is continually used for domestic, educational, commercial, and irrigation purposes for year-round residents and visitors. Attachments and maps available in the office of the Clerk of Court.

CASE NO. 2017CW3007, John W. Slane, PO Box 42, Hooper, Colorado 81136, (719) 480-1596. CONCERNING THE APPLICATION OF JOHN W. SLANE FOR SUPPLEMENTAL WELL IN SAGUACHE COUNTY. Copies of all pleadings and correspondence in this case should be sent to: Tod J. Smith, Law Office of Tod J. Smith, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301 2. Introduction and Background. Applicant is a landowner within the boundaries of the San Luis Valley Irrigation District (“Irrigation District”) and is entitled to a pro-rata share of the water diverted by the Irrigation District from the Rio Grande. In Case No. 81CW69, District Court, Water Division No. 3, October 11, 1983 (amended July 10, 1986) (the “Decree”), Applicant’s predecessor obtained a decree for a plan for augmentation pursuant to which water available from Applicant’s pro-rata share of water diverted by the Irrigation District is recharged to the unconfined aquifer and then withdrawn by two wells constructed in the unconfined aquifer, Well No. 2, Permit No. 44595-F located near the center of the NE1/4 of Section 19, Township 41 North, Range 10 East, N.M.P.M., Saguache County, Colorado, and Well No. 3, Permit No. 40511-F, located near the center of the SE1/4 of said Section 19. Each well is limited to 1,000 gpm (2,000 gpm total), and the total annual withdrawal from both wells cannot exceed the amount of water recharged by the Irrigation District and available pro-rata to the Applicant’s land. The formula to determine the amount of water recharged and available to the Applicant is set forth in paragraph 15 of the Decree. In recent years the production of Applicant’s Well Nos. 2 and 3, which irrigate the NE1/4 and SE1/4 of Section 19 respectively, has decreased, and Applicant has been unable to physically withdraw the amount of water available under the accounting formula decreed in Case No. 81CW69. Applicant seeks to add a supplemental well which will be located in the NW1/4 of the SE1/4 of Section 19, to achieve the full rate of flow and volume of water available pursuant to the Decree for the irrigation of the NE1/4 and SE1/4 of Section 19. Operation of the two existing wells and the supplemental well decreed in this case, in any combination will not exceed either the decreed rate of flow, 2,000 gpm total, or the volumetric limitations based upon the formula for determining the amount of water recharged by the Irrigation District that is available to the Applicant. All such limitations as well as the formula for computing the amount of water available to the Applicant shall remain unchanged and fully applicable. 3. Description of Structure. A supplemental well drilled into the unconfined aquifer, currently permitted as a well for monitoring water levels and water quality, Permit No. 305349. A copy of the well permit is attached as Exhibit A. Location of Well: NW1/4 of the SE1/4 of Section 19, Township 41 North, Range 10 East, N.M.P.M., Saguache County, Colorado. Distances from section lines: 2401 feet from South Section Line and 2055 feet from East Section Line. UTM Coordinates (Meters.Zone: 13.NAD83): Easting 419250, Northing 4182320. Rate of Flow: 1,000 gpm, and limited to a total of 2,000 gpm when used in combination with Well No. 2 and/or Well No. 3. 4. Decreed Source of Water: Water diverted by the Irrigation District from the Rio Grande and recharged to the unconfined aquifer. 5. Appropriation Date: April 27, 2017 (well is supplemental to Well Nos. 2 and 3). 6. Use: Supplemental to Well No. 2, Permit No. 44595-F, AND Well No. 3, Permit No. 40511-F, for the irrigation of the NE1/4 and SE1/4 of Section 19, Township 41 North, Range 10 East, N.M.P.M. 7. Augmentation Plan: The supplemental well will operate under and pursuant to the terms and conditions decreed in Case No. 81CW69. 8. Names and Addresses of Owners, Structures, and of Land on which Structures Are Located: The land on which the new supplemental well will be located, the land irrigated with water withdrawn through the well, and the well are owned by the Applicant.

CASE NO. 2017CW3008; Name, address, email address of applicant:, Donald and Lana Whitten PO Box 7, Paicines, CA 95043 email: (atty Erich Schwiesow, PO Box 1974, Alamosa, CO 81101 (719) 589-6625 ). Application for finding of reasonable diligence for conditional water rights originally decreed in Case No. 2002CW64. Name and legal description of Structures for which finding of reasonable diligence is sought: a. Phillips Ditch No. 1 (WDID 2600623) The existing headgate is located on the easterly bank of the Werner Arroyo, a channel of Saguache Creek, at a point whence the Southwest Corner of Section 3, T43N, R8E, NMPM, bears South 9 degrees 18 minutes West, 4,380 feet distant. GPS coordinates 4207138.2 mN, 404715.7 mE. b. Phillips Ditch No. 2 (WDID 2600624) The existing headgate is located on the westerly bank of the Werner Arroyo, a channel of Saguache Creek, at a point whence the Southwest Corner of Section 3, T43N, R8E, NMPM, bears South 9 degrees 12 minutes West, 4,425 feet distant. GPS coordinates 4207153.2 mN, 404648.7 mE. Source, amount, and appropriation date: 3.29 cfs conditional from the Werner Arroyo (1.71 cfs already decreed absolute), appropriation date November 17, 1999. Use: 1) Livestock watering and recharge of the aquifer during the non-irrigation season in the months of November through March, inclusive; and 2) Water storage in the form of ice for recharge and irrigation in the spring. Diligence:. Applicant has maintained the Werner Arroyo, and called for the water every year. Applicant works cooperatively with the Saguache Creek Water Users Association to manage this water right. In general, Applicant is far enough down on the system that the stream begins icing before Applicant can take water. Last year, when Applicant called for water, the Saguache Creek Water Users had the Werner Arroyo blocked off and Applicant was unable to receive water when water was available. Applicant expects cooperative use of the winter water to improve with well administration and the cooperative efforts of users to manage surface and groundwater. Name and address of owners of the land upon which points of diversion are located: Applicant.

You are further notified that you have until the last day of JULY, 2017, to file with the Water Clerk, a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions or a protest to the requested correction. A copy of such a statement of opposition or protest must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service must be filed with the Water Clerk. A $158.00 filing fee is required.

PLEASE NOTE: WATER DIVISION 3 HAS MANDATORY E-FILING FOR ALL PARTIES REPRESENTED BY AN ATTORNEY.

You can review the complete applications or requests for correction in the office of the Alamosa Combined Court, 702 Fourth St., Alamosa, CO 81101.

Witness my hand and seal of this Court this _12_ day of JUNE, 2017.

______

Shirley Skinner, Clerk of the Court

Alamosa Combined Courts

Water Court, Water Division 3

702 Fourth Street, Alamosa, CO 81101

SEAL