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 August, 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. 2011CW17. Robert Adkins and Catherine Adkins, 6091 CR 45, Center, CO 81125, 719-754-3562 Amended Application For Change of Water Right in Saguache County

2. Decreed water right for which change is sought: (This portion of the application is amended to increase the requested flowrate of Well No. 2R from the decreed rate of 1,400 gpm to 2,400 gpm. The first filing of this application requested an increase to 2,100 gpm. The well can produce more than the 2,100 gpm at times.) A. Name of structure for which change is sought: Well 80CW125 Well No. 2R, Permit No. 11143-R-F; B. Date of original decree: September 24, 1981 Case No. 80CW125 Well No. 2R, Court: Water Court Division No. 3; C. Legal description of structure: NW 1/4 SE 1/4 of Section 33, Township 42 North, Range 7 East, NMPM, at a point which is 1720 feet from the South Section line and 1720 feet from the East Section line. GPS location information in UTM format: Northing 4188888 mN Easting 393706 mE; D. Decreed source of water: Confined Aquifer; E. Appropriation date: June 4, 1954 Total amount decreed to structure: 1400 GPM, 3.12 CFS, 6.24 AF/24hr; F. Decreed use or uses: Irrigation of lands; G. Amount of water that applicant intends to change: Increase flow rate of this well, Well No. 2-R Case No. 80CW125 from the decreed rate of 1,400 gpm to 2,400 gpm while reducing the flow in the second well in this application, Well No. 1, Case No. W-419, from a decreed flow of 2,000 gpm to a new decreed flow rate of 1,000 gpm. H. Historic use: Irrigation of lands, See Section 5-A. 3. Decreed water right for which change is sought: A. Names of structure: Case No. W-419, Well No. 1, Permit No. 6744-R; B. Date of original decree: October 28, 1975 Case No. W-419, Well No. 1 Court: Water Court Division No. 3; C. Legal description of structure: NW ¼ NE ¼ Section 4, Township 41 North, Range 7 East, NMPM, at a point 2600 feet from the East Section line and 250 feet from the North Section line, in Saguache County, Colorado; GPS location information in UTM format: Northing 4188200 mN Easting 393412 mE; D. Decreed source of water: Confined Aquifer E. Appropriation date: October 28, 1975, Total amount decreed to structure: 2000 gpm, 4.46 cfs, 8.92 AF/24hr. Depth = 325 feet; F. Decreed use or uses: Irrigation of lands; G. Amount of water that applicant intends to change: Decrease flow rate from this well from 2000 gpm to a flow rate of 1000 gpm. See Section 5-A for further information; H. Historic use: Irrigation of lands, See Section 5-A. 4. Decreed water right for which change is sought: (This part of the application is WITHDRAWN. The use of Well No. 1, Case No. W-2137 will remain consistent with the decreed and permitted conditions.) A. Name of structure: Case No. W-2137, Well No. 1 Permit No. R11144; B. Date of original decree: January 15, 1976 Case NO. W-2137 Court: Water Division No. 3; C. Legal description of structure: NW ¼ SW ¼ Section 34, Township 42 North, Range 7 East, NMPM, at a point 2550 feet from the South Section line and 20 feet from the West Section line, in Saguache County, Colorado; D. Decreed source of water: “from an (unconfined) aquifer”; E. Appropriation date: June 30, 1954. Total amount decreed to structure: 2100 gpm, 4.68 cfs, 9.36 AF/24hr; F. Decreed use or uses: Irrigation; G. Amount of water that applicant intends to change: N/A; H. Historic use: Irrigation of lands, See Section 5-A. 5. Proposed change: A. Increase flow rate for Well No. 2-R, Case No. 80CW125 to 2,400 gpm which supplies a part of the needed flow rate for four sprinkler systems. B. Decrease the flow rate of Well No. 1, Case No. W-419, correspondingly, by 1,000 gpm, to a new decreed flow rate of 1,000 gpm. C. Withdrawn. D. Further details: A lengthy description of the requested change of water right and attachments were provided in the original application of this Case No. 11CW17. The Applicants are the owners of the property upon which water will be placed to beneficial use.

(4 pages including attachments)

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

You are further notified that you have until the last day of October, 2012, 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 $130.00 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 13th day of August, 2012.

______

Shirley Skinner, Clerk of the Court

Alamosa Combined Courts

Water Court, Water Division 3

702 Fourth Street, Alamosa, CO 81101

SEAL

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