District Court, Water Division 3, State of Colorado s3

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 March, 2014.

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. 2014CW4. THOMAS ROGER PERRY REVOCABLE TRUST AND MARILYN WENDY PERRY IRREVOCABLE TRUST, 4876 EAST CR 3 SOUTH, MONTE VISTA, CO 81144 (719)850-9355. APPLICATION FOR CHANGE OF WATER RIGHT IN SAGUACHE COUNTY. Decreed Water Right for which change is sought: A. Name: McLeod Ditch No. 3, WDID 2700533; B. Date of Decrees: The McLeod Ditch No. 3 water right was originally decreed in the Decree of the District Court, Saguache County, dated March 23, 1882, by Judge Sumner, in the Matter of a Certain Petition for the Adjudication of the Priority Rights to the Use of Water for Irrigation in Water District No. 14 (AKA 27) (The 1882 Decree). C. Legal Description of Structure: (Original) The McLeod 3 Ditch takes its water from the La Garita Creek which heads on the north side of and takes its water from La Garita Creek about 70 yards south of the present resident of claimant (A W McLeod) in the SW ¼ of Sec. 9; that said ditch is about 100 yards long and is 1 foot wide and 4 inches deep and carries about 25 inches of water. That said ditch was constructed in the year 1878. (The exact description of the irrigated lands is not described in the decree and is unknown today because the location of the original homestead is unknown.) The water right is tabulated by the DWR, as located in the SE ¼ SW ¼ of Section 9, Township 41 North, Range 7 East, NMPM. Preferred Legal Description (PLSS): McLeod Ditch No. 3 head gate physical location is located in: The SE ¼ SW ¼, Section 9, Township 41N, Range 7 E, N.M.P.M. Alternate Description (UTM): From DWR, Northing 4185440 Easting 393320 Zone 13. D. Decreed Source of Water: La Garita Creek. E. Priority: 28. F. Appropriation Date: December 31, 1878. G. Total Amount Decreed: 0.65 CFS. H. Decreed Use or Uses: Irrigation. I. Amount of Water that Applicant Intends to Change: 0.65 CFS. 3. Description of Proposed Change: This application intends to correct the legal description of the point of diversion pursuant to C.R.S. 37-86-111 to the present point of diversion in the SE Corner of the NE ¼ SW ¼ Section 9, Township 41 North, Range 7 East, NMPM. Applicant and its predecessors have diverted water for at least the last 90 + or – years, at the current point. The course of La Garita Creek was modified, between the then Rio Grande Canal and Saguache CR 43.5 sometime between 1928 when the irrigated lands map of the San Luis Valley was prepared for the advent of the Rio Grande Compact, and its eventual inception in the early 1930s. During this period, it is believed that the streambed changed and after construction of the Rocky Hill Seepage Ditch the streambed of La Garita Creek was modified to accommodate a branch of the Rocky Hill Seepage Ditch which ran due east from its intersection with the Rio Grande Canal to CR 43.5, where it then was aligned to intersect with the main stream of the Rocky Hill Seepage Ditch which ran north and south along the centerline of Section 9, Township 41 North, Range 7 East, NMPM (See Attached Maps). At the point of this intersection is where the diversion for the McLeod No. 3 was placed. Water was then allowed to divert from said point of diversion where it crossed CR 43.5 and said water was applied for beneficial use on the SW ¼ of the SE ¼ of Section 9, Township 41 North, Range 7 East, N.M.P.M. It is not known exactly where either the original point of diversion or the irrigated lands under the original decree were located as the decree references a homestead that no longer exists. This issue was raised with the Colorado Division of Water Resources Division 3 Division Engineer recently and it was decided this change case was needed to clarify the location of the present point of diversion and the lands now irrigated by this subject diversion. From the irrigated Lands map referred to above, the original channel of La Garita Creek meandered through the SE ¼ of Section 8, Township 41 North, Range 7 East and into the SW ¼ of Section 9, to about the center of said quarter section, where it turned south to a point on or about the south section line of said Section 9 and continued southeasterly into the NE ¼ of Section 16, Township 41 North, Range 7 East. At the present time and since at least 1932, the location for the McLeod Ditch No. 3 is at the SE Corner of the NE ¼ of the SW ¼ of Section 9, Township 41 North, Range 7 East, N.M.P.M. Preferred Legal Description (PLSS): McLeod Ditch No. 3, Alternative Description (UTM): From DWR, Northing 4185440 Easting 393320 Zone 13. A. The proposed point of diversion shall remain at the SE Corner of the NE ¼ of the SW ¼ of Section 9, Township 41 North, Range 7 East, N.M.P.M. B. Applicant is the sole water right holder in the McLeod No. 3 Ditch. C. There are no intervening points of diversion. D. With this change Applicant intends to utilize the water right, more efficiently, to irrigate decreed lands being 22.71 + or – acres in the SW corner of the SE ¼ of Section 9 and the NW Corner of the NE ¼ of Section 16, Township 41 North, Range 7 East, NMPM. Existing ditch systems to and on the applicant’s lands, to accommodate this change in point of diversion, will allow for transport of water from the McLeod No. 3 Ditch diversion to the historically irrigated lands. Applicant proposes to limit future average annual diversions to 56 acre feet. This value is based on a reasonable application for irrigation of forage crops and grasses of 2.5 acre feet per acre on 22.71 + or – acres of land in the SW ¼ SE ¼ Section 9 and the NW ¼ of the NE ¼ of Section 16, Township 41 North, Range 7 East, NMPM. E. See Attached Exhibits. F. 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 will be stored: No new diversion structure or modification of diversion structure is contemplated or proposed. The proposed diversion structure is on land owned by: V W Ellithorpe, PO Box 1108, Center, CO 81125.

(25 pages including attachments.)

Case No. 2014CW3007. Application for simple change in surface point of diversion pursuant to § 37-92-305(3.5) in Saguache County. Wagner Ranch, Ltd; John H. Wagner III and Carol J. Wagner, 6951 S.E. Harbor Circle, Stuart, FL 34996, (719) 655-2388 (atty Erich Schwiesow, Lester, Sigmond, Rooney & Schwiesow, PO Box 1270, Alamosa CO 81101 (719)589-6626; . Decreed water right for which change is sought: Clayton Old Channel Ditch, Cody Ditch, and Clayton Ditch D. Clayton Old Channel Ditch was originally decreed on March 28, 1890, Saguache District Court. By decree dated October 27, 1980, 0.3 cfs was transferred from the Cody ditch to the headgate of the Clayton Old Channel Ditch in Case No. W-3586. By decree dated December 4, 1989, the decreed point of diversion for the Clayton Old Channel Ditch was changed from that described in the original decree to the actual historical point of diversion in Case No. 88CW31. Case No. 88CW31 also reflected that the 1.0 cfs of the Clayton Ditch D, originally decreed October 27, 1890, and moved to the Cody Ditch by decree dated June 11, 1907 in Case No. 551, is diverted at the Clayton Old Channel Ditch. Thus the decree in Case No. 88CW31 limits diversion from the Cody Ditch and/or the Clayton Old Channel Ditch to a combined total of 3.7 cfs at any one time, with a limitation on irrigated acreage of 185 acres. Legal description of structure as described in most recent decree that adjudicated the location: In the SE¼ NW¼ of Section 26, Township 46 North, Range 8 East of the N.M.P.M. more particularly described as South 26 Degrees, 45 Minutes, 24 Seconds West, 2536.58 feet from the North quarter corner of said Section 26, said location being approximately 1,400 feet from the West line and 2,350 feet from the North line of said Section 26. Decreed source of water: Kerber Creek, a tributary of San Luis Creek. Appropriation Date: August 13, 1873 Total amount decreed to structure: 2.4 cfs under original decree. An additional 0.3 cfs from the Cody Ditch and an additional 1.0 cfs from the Clayton Ditch D are also diverted through this ditch, for a total of 3.7 cfs. Decreed use: Irrigation of 120 acres under Clayton Old Channel Ditch decree. Irrigation of not more than 185 acres under combined limit between Clayton Old Channel Ditch, Cody Ditch, and Clayton Ditch D. Amount of water that applicant intends to change: 3.7 cfs. Description of proposed change in a surface point of diversion: Because of the realignment of Kerber Creek in recent years, the Clayton Old Channel Ditch is not an efficient means of conveyance. Applicant desires the right to divert all or a portion of the water right decreed to the Clayton Old Channel Ditch, including the additional 0.3 cfs decreed to the Cody Ditch and the 1.0 cfs decree to the Clayton Ditch D which are diverted through the Clayton Old Channel Ditch headgate, at a new alternate point of diversion approximately two miles downstream from the decreed point of diversion. The acreage irrigated will remain the same. Applicant desires to retain the ability to divert a portion of the water right at the originally decreed point of diversion, as an alternate point of diversion, with a combined diversion limit of 3.4 cfs between the two points of diversion. Location of the new surface point of diversion: UTM NAD83, Zone 13: Northing 4231347.71 Easting 40954.32. Name and address of owner of the land upon which any new diversion structure is or will be constructed. Applicant is the owner of all lands upon which the new diversion and old diversion structures are located.

(6 pages, including attachment.)

14CW3008 (06CW15, 96CW44) Wolf Creek Ski Corporation, P. O. Box 2800, Pagosa Springs, Colorado 81147 (Richard J. Mehren, Jennifer M. DiLalla, Alison I.D. Gorsevski, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440) APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND/OR TO MAKE ABSOLUTE IN MINERAL COUNTY. II. Direct Flow Water Rights and Storage Water Rights: A. Name of structures: 1. Snowmaking Diversion Point 1 (Ski Area Pipeline). 2. Snowmaking Diversion Point 2. 3. Snowmaking Diversion Point 3. 4. Snowmaking Water Tank 1. 5. Snowmaking Water Tank 2. 6. Snowmaking Water Tank 3. 7. Snowmaking Water Tank 4. B. Description of Water Rights: 1. Original decree: July 21, 2000, Case No. 96CW44 in the District Court in and for Water Division No. 3. 2. Related decrees: A decree entered July 21, 2000 in Case No. 96CW32 in the District Court in and for Water Division No. 3 approved an alternate point of diversion for the Ski Area Pipeline as described in ParagraphII.B.3 below. Portions of the conditional water rights decreed in Case No.96CW44 were made absolute by a decree dated February22,2008 in Case No. 06CW15 in the District Court in and for Water Division No. 3. 3. Location: The locations of these structures are as follows: a) Snowmaking Diversion Point 1 (Ski Area Pipeline): Commencing at the Northwest corner of Tract 37, Township 37 North, Range 2 East, N.M.P.M., as monumented by a 2⅜-inch aluminum pipe with cap marked A.P. 4 and considering the West line of said Tract37 to bear South to the Southwest corner of said Tract 37 as monumented by a 2⅜-inch pipe with cap marked A.P. 5, with all bearings contained herein relative thereto; thence South 57º West, 2,340feet more or less. b) Snowmaking Diversion Point 1 (Ski Area Pipeline) Alternate Point of Diversion (as decreed in Case No. 96CW32): Commencing at the Northwest corner of Tract 37, Township 37 North, Range 2 East, N.M.P.M., as monumented by a 2⅜-inch aluminum pipe with cap marked A.P. 4 and considering the West line of said Tract 37 to bear South to the Southwest corner of said Tract 37 as monumented by a 2⅜-inch pipe with cap, marked A.P.5, with all bearings contained herein relative thereto; thence South 45º 06’ West, 2,750 feet, more or less. c) Snowmaking Diversion Point 2: Commencing at the Northwest corner of Tract 37, Township 37 North, Range 2 East, N.M.P.M., as monumented by a 2⅜-inch aluminum pipe with cap marked A.P.4 and considering the West line of said Tract 37 to bear South to the Southwest corner of said Tract 37 as monumented by a 2⅜-inch pipe with cap, marked A.P. 5, with all bearings contained herein relative thereto; thence South 56º West, 3,350 feet more or less. d) Snowmaking Diversion Point 3: Commencing at the Northwest corner of Tract 37, Township 37 North, Range 2 East, N.M.P.M., as monumented by a 2⅜-inch aluminum pipe with cap marked A.P.4 and considering the West line of said Tract37 to bear South to the Southwest corner of said Tract37 as monumented by a 2⅜-inch pipe with cap, marked A.P.5, with all bearings contained herein relative thereto; thence South 03º 46’ West, 3,060 feet more or less. e) Snowmaking Water Tank 1: Commencing at the Northwest corner of Tract 37, Township 37 North, Range 2 East, N.M.P.M., as monumented by a 2⅜-inch aluminum pipe with cap marked A.P.4 and considering the West line of said Tract37 to bear South to the Southwest corner of said Tract37 as monumented by a 2⅜-inch pipe with cap, marked A.P.5, with all bearings contained herein relative thereto; thence South 57º 30’ West, 3,020 feet more or less. f) Snowmaking Water Tank 2: Commencing at the Northwest corner of Tract 37, Township 37 North, Range 2 East, N.M.P.M., as monumented by a 2⅜-inch aluminum pipe with cap marked A.P.4 and considering the West line of said Tract37 to bear South to the Southwest corner of said Tract37 as monumented by a 2⅜-inch pipe with cap, marked A.P.5, with all bearings contained herein relative thereto; thence South 57º West, 3,090 feet more or less. g) Snowmaking Water Tank 3: Commencing at the Northwest corner of Tract 37, Township 37 North, Range 2 East, N.M.P.M., as monumented by a 2⅜-inch aluminum pipe with cap marked A.P. 4 and considering the West line of said Tract 37 to bear South to the Southwest corner of said Tract 37 as monumented by a 2⅜-inch pipe with cap, marked A.P. 5, with all bearings contained herein relative thereto; thence South 6º 45’ West, 3,080 feet more or less. h) Snowmaking Water Tank 4: Commencing at the Northwest corner of Tract 37, Township 37 North, Range 2 East, N.M.P.M., as monumented by a 2⅜-inch aluminum pipe with cap marked A.P. 4 and considering the West line of said Tract 37 to bear South to the Southwest corner of said Tract 37 as monumented by a 2⅜-inch pipe with cap, marked A.P. 5, with all bearings contained herein relative thereto; thence South 5º 45’ West, 3,050 feet more or less. 4.