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 December, 2012.

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. 2012CW45, SARAH AND CLAYTON MARTIN, P.O. BOX 357, 34057 CEDAR AVENUE, BLANCA, CO 81123; (719) 379-3716; ; APPLICATION FOR WATER STORAGE RIGHT AND CHANGE OF WATER RIGHT IN COSTILLA COUNTY

Part A. – Water Storage Right – Hank’s Pond 1. Name of Reservoir: Hank’s Pond (WDID 3503533) Hank’s Pond originally decreed in Case No. 84CW23 on January 21, 1985 for 0.25 acre-feet of storage, absolute, for stockwatering and fish culture with an appropriation date of June 1, 1952. The decreed water source is Scott Springs No. 1 and 2. Additionally, water from Wilber’s Ditch has filled Hank’s Pond. Wilber’s Ditch was decreed for 1.11 cfs, conditional, for irrigation use in Case No. 84CW23. Diligence on the conditional right was granted in Case No. 89CW01. The water right was found absolute in Case No. 95CW19 for irrigaton of 76 acres within Blocks 2 and 5, Unit 10, San Luis Valley Ranches, Inc. Subdivision. The date of appropriation for Wilber’s Ditch is June 1, 1940. 2. A. Legal description of location of dam: Hank’s Pond is decreed in the NW1/4 NW1/4 Section 26, Township 29 South, Range 73 West, 6th P.M. at a point 1250 feet from the North section line and 700 feet from the West section line. The point of the dam at the outlet works is located by GPS at UTM, NAD83, Zone 13S: 454010 mE, 4150580 mN. The point is located southwest and down-gradient of Scott Springs Nos. 1 and 2. 3. Request for Additional Storage Right: The storage right for Hank’s Pond was adjudicated for only 0.25 acre-feet. The Applicants believe this to be in error and ask that the Court recognize the actual size of the pond at the time of original appropriation: 4.0 acre-feet. Examination of the USGS Topographic Series Quadrangle Map (Twin Peaks, CO) clearly shows Hank’s Pond in existence at a size and volume much greater than 0.25 acre-feet. The date of that map is 1965. 4. Date of Appropriation and Use: June 1, 1952, for an additional 3.75 acre-feet for stockwatering, fish culture, and irrigation of land consistent with the decrees for Scott Springs Nos. 1 and 2 and the Wilber’s Ditch. Water from Scott Springs Nos. 1 and 2 as well as the Wilber’s Ditch will fill Hank’s Pond. Water will be pumped from the pond to irrigate not more than 76 acres within Lots 2, 3, 10, 11, 12, 13, 14, 15 in Block 2; and Lots 2, 3, 14, 15 in Block 5, all Unit 10, San Luis Valley Ranches, Inc. Subdivision. All irrigated land is owned by the Applicants. 5. The surface area of Hank’s Pond is 0.98 acres. 6. Owners of the property on which Hank’s Pond is located are the Applicants.

Part B. – Change of Surface Water Rights – Scott Springs No. 1 & 2: 1. Decreed water right for which change is sought: A. Name of structures: Scott Spring No. 1 (WDID 3500652) and Scott Spring No. 2 (WDID No. 3500711) B. Date of original and all relevant subsequent decrees: Case No. 81CW107 decreed May 27, 1982 Court: District Court of the Sixth Judicial District, State of Colorado C. Decreed Location of the Headgate: Scott Spring No. 1: NE1/4 NW1/4 Section 26, Township 29 South, Range 73 West, 6th PM, in Costilla County, Colorado, at a point 350 feet from the North section line and 2150 feet from the West section line. The GPS location as per Division of Water Resources at UTM, NAD83, Zone 13S: 454403 mE, 4150842 mN. Scott Spring No. 2: NE1/4 NW1/4 Section 26, Township 29 South, Range 73 West, 6th PM, in Costilla County, Colorado, at a point 500 feet from the North section line and 2200 feet from the West section line. The GPS location as per Division of Water Resources at UTM, NAD83, Zone 13S: 454394 mE, 4150789 mN. D. Decreed source of water: Blanca Creek. E. Appropriation Date: December 31, 1940. F. Total amount decreed to each structure: 250 gallons per minute being 0.56 cfs. G. Decreed use or uses: Irrigation. The decree was not precise as to the area and location of land to be irrigated. However, documents within the Water Court file indicated 80 acres of irrigated land. H. Amount of water that applicant intends to change: 250 gallons per minute being 0.56 cfs in each Spring. 2. Detailed description of proposed change: A. • Identify the actual locations of Scott Spring Nos. 1 and 2 by GPS • Re-align the allowable irrigated acreage by eliminating acreage not owned by the Applicants and incorporating land owned by the applicants in such a way that the total allowable irrigated acreage does not exceed the historic allowable and actual irrigated land. The Springs and Wilber’s Ditch have historically irrigated approximately 80 acres in the area, but not all on land controlled by the current owner. Land not owned by the Applicants: lots 4, 5, 6, 7 of Block 5, San Luis Valley Ranches. Land owned by the Applicants: Lots 2, 3, 14, 15 of Block 5, San Luis Valley Ranches will be added to the already included: Lots 2, 3, 10, 11, 12, 13, 14, 15 within Block 2 and all within Unit 10. In no event will the Applicants irrigate more than 80 acres, the amount of historically irrigated land. Water from Scott Springs will either irrigate land directly from the Springs or by pumping water from Hank’s Pond to the lots identified above. Water from Wilber’s Ditch will co-mingle with water from Scott Spring Nos. 1 and 2 to accomplish irrigation of Applicant’s property. B. N/A – structures are Springs, not a well C. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure. Yes, see above. See Attached Exhibits: Area Map and DWR Summary of Court Cases 3. The applicants are the legal owners of the property upon which water will be placed to beneficial use.

(6 pages)

Case No. 12CW47. Application for a Change of Water Rights. Saguache County. Name, Mailing Address, and Telephone Number of Applicants. Gary Hill; Alice Hill; Hill Family Limited Partnership CJH; and Kristi Hill Staudt, c/o Gary Hill, 40924 Cty. Road CC40, Saguache, CO 81149, 719-655-2358. Please direct all correspondence to Wilderson Lock & Hill, LLC, Kendall K. Burgemeister, Atty Reg. #41593, 525 North Main Street, Gunnison, CO 81230, (970) 641-1903, . Change of Point of Diversion. Decreed water right for which change is sought: W-2077 Well No. 1 (Well Permit No. 24353-FR). Original Decree: W-2077, District Court, Water Division 3, entered August 14, 1975. Legal description of structure: The well was originally decreed and permitted to be located in the SW1/4NE1/4, Section 11, Township 44 North, Range 8 East, N.M.P.M., 1980 feet from the north section line and 2610 feet from the east section line. Decreed source of water: The W-2077 Decree states that water is diverted from the confined aquifer. However, Division of Water Resources records indicate that the well casing is actually perforated in both the confined and unconfined aquifers. Appropriation date: February 23, 1956. Total amount decreed: 2600 gallons per minute (“gpm”) (absolute). Amount Applicants intend to change: 2600 gpm. Decreed use: Irrigation. Description of proposed change: Applicants seek to change the decreed point of diversion to conform it to the actual and permitted point of diversion. The actual and permitted point of diversion is a point in the SW1/4SW1/4 of Section 2, Township 44 North, Range 8 East, NMPM, 250 feet from the south section line and 200 feet from the west section line. The historical place of use will not be changed. In accordance with the well permit, the place of use will be limited to 400 acres in the NE1/4 of Section 11, the N1/2SE1/4 of Section 11, the SW1/4 of Section 12, and the SE1/4 of Section 12, all in Township 44 North, Range 8 East, NMPM. Correction of Decreed Point of Diversion. Decreed water right for which change is sought: W-828 Well No. 1 (Well Permit No. 6538-R). Original Decree: W-828, District Court, Water Division 3, entered October 31, 1973. Legal description of structure: SE1/4SE1/4, Section 8, Township 44 North, Range 8 East, NMPM, 15 feet from south section line and 660 feet from east section line. Decreed source of water: Unconfined aquifer. Appropriation date: May 31, 1955. Total amount decreed: 1950 gpm. Amount Applicants intend to change: 1950 gpm. Decreed use: Irrigation. Description of Proposed Change: The decree incorrectly indicates that the well is located in Section 8. The Application filed in Case No. W-828, and the registration form for Well 6538-R attached thereto, both indicate that the Well is located in Section 5. Applicants request a change in the decreed point of diversion to reflect the actual original point of diversion, being a point in the SE1/4SE1/4, Section 5, Township 44 North, Range 8 East, NMPM, 15 feet from south section line and 660 feet from east section line. Change of Place of Use. Decreed water right for which change is sought: W-826 Well No. 1 (Well Permit No. 13196-F). Original Decree: W-826, District Court, Water Division 3, entered October 31, 1973. Legal description of structure: SE1/4SW1/4, Section 5, Township 44 North, Range 8 East, NMPM, 600 feet from south section line and 1325 feet from west section line. Decreed source of water: Unconfined aquifer. Appropriation date: July 31, 1954. Total amount decreed: 2,000 gpm Amount Applicants intend to change: 2,000 gpm. Decreed use: Irrigation. W-828 Well No. 1 (described above). W-711 Well No. 1 (Well Permit No. 1691-RR aka R-1691-RF). Original Decree: W-711, District Court, Water Division 3, entered March 13, 1975. Legal description of structure: SW1/4SE1/4, Section 9, Township 44 North, Range 8 East, NMPM, 200 feet from south section line and 2600 feet from east section line. Decreed source of water: Confined and unconfined aquifers. Appropriation date: July 20, 1954. Total amount decreed: 2000 gpm. Amount Applicants intend to change: 2000 gpm. Decreed use: Irrigation. Description of Proposed Change: The W-826 Well No. 1 water right is permitted for the irrigation of 200 acres. Neither the decree nor the well registration form indicates a specific decreed or permitted place of use. Applicants’ interest in this water right has historically been conveyed along with land in Sections 3, 4, 9, and 10, of Township 44 North, Range 8 East, NMPM, and the water right has been used to irrigate land in these sections. The presently permitted place of use of the W-828 Well No. 1 water right is the SE1/4NE1/4, SE1/4, and S1/2SW1/4 of Section 3; S1/2S1/2, NW1/4SW1/4 of Section 4; and E1/2NW1/4NW1/4, SW1/4NW1/4NW1/4, S1/2NW1/4, NE1/4NW1/4, NE1/4, E1/2SW1/4, and N1/2SE1/4 of Section 9, all in Township 44 North, Range 8 East, NMPM. The presently permitted place of use of the W-711 Well No. 1 water right is 400 acres located in the S1/2SE1/4 of Section 9; N1/2SW1/4 of Section 10; N1/2SE1/4 of Section 10; and N1/2 Section 10, all in Township 44 North, Range 8 East, NMPM. Applicants seek to change the decreed place of use of these water rights to the extent necessary to allow these water rights to be commingled (for the purpose of improving flood irrigation efficiency) to collectively irrigate the above-described land, which is entirely within the expressly permitted place of use of W-828 Well No. 1 and W-711 Well No. 1. The total number of acres irrigated by these water rights will not increase. Name and address of the owner 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: Applicants own the land upon which the proposed new decreed point of diversion for W-2077 Well No. 1 is located. Otherwise, no new diversion or storage structures have been or will be constructed, and no existing diversion or storage structures have been or will be modified, in relation to this Application.

CASE NO. 2012 CW 48, UNITED STATES OF AMERICA, APPLICATION FOR SURFACE WATER RIGHT IN SAGUACHE COUNTY

1. Name, address and phone number of applicant: United States of America, Department of the Interior, Bureau of Land Management, San Luis Valley Field Office, c/o Kristen C. Guerriero, #32663, Special Assistant U.S. Attorney, Office of the Regional Solicitor, 755 Parfet Street, Suite 15, Lakewood, Colorado 80215, Telephone: (303) 231-5353 x 552, Fax: (303) 231-5363; 2. Name of structures: Oliver/Angell Pipeline 3.Legal description of each point of diversion: Located on public land in the NE/4 SE/4, Section 11, T47N R8E, New Mexico P.M., approximately 2,150 feet north of the south section line, and 600 feet west of the east section line. 408506mE 4244056mN NAD 83, Zone 13 4. Source: Spring Creek/San Luis Creek/Closed Basin 5. A. Dates of appropriation: 07/16/1967 B. How appropriation was initiated: The BLM constructed a diversion structure from Spring Creek and installed a pipeline for distribution of water. C. Date water applied to beneficial use: 11/14/1967 6. Amount claimed: 0.0198 cfs, absolute 7. Use(s): livestock watering.

The diversion and pipeline system provides water for a herd of up to 46 cattle in the Alder/Spring Creek Grazing Allotment. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, San Luis Valley Field Office, 46525 Highway 114, Saguache, CO 81149. 9. Remarks: This application seeks confirmation of an historic, exempt use of water for livestock watering. Please see attached exhibit for evidence of historic use. The system diverts up to 0.182 acre feet annually to supply the livestock water demand. Diversions are minimized through use of float valves on the livestock watering troughs. Usage is limited to June 16 through September 6 annually, when livestock are authorized to use the grazing allotment.