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 July, 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. 12CW28. Application for a change of water right. Saguache County. Name, Mailing Address, and Telephone Number of Applicant. Christine L. Gydesen, 51781 CR X, Saguache, CO 81149, 970-596-4521. Please direct all correspondence to Wilderson Lock & Hill, LLC, attn: Kendall K. Burgemeister, 525 North Main Street, Gunnison, CO 81230, (970) 641-1903, . Decreed water right for which change is sought: Slane & Scandrett Ditch, Priority No. 31. Original Decree: The Slane & Scandrett Ditch water right was originally decreed in the Decree of the District Court, Saguache County, dated November 23, 1889, in the Matter of a Certain Petition for the Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District No. 26 (the “1889 Decree”). Legal description of structure: The 1889 Decree found that the headgate was located “on the left bank of Saguache Creek, at a point south 32 degrees east, 1,872 feet from the northwest quarter corner section 16, township 44, north of range 8 east n.m.m.” Decreed source of water: Saguache Creek; Priority: 31; Appropriation date: June 1, 1872; Total amount decreed: 2.4 cfs decreed to Priority No. 31 (all absolute) (2.0 cfs originally decreed to the Jeep & Scandrett Ditch, Priority 25, is also now decreed to be diverted from the Slane & Scandrett Ditch. Thus, a total of 4.4 cfs is currently decreed to be diverted from the Slane & Scandrett Ditch.). Amount Applicants intend to change: 0.6 cfs of Priority 31. Decreed use: Irrigation of 120 acres of land. Description of proposed change: Applicants seek to change the decreed points of diversion of 0.6 cfs decreed to the Slane & Scandrett Ditch Priority 31, to allow the diversion of such water right at the headgate of the Jeep & Scandrett Ditch. The 1889 Decree found the headgate of the Jeep & Scandrett Ditch to be located “on the north bank of Saguache Creek at a point whence the west quarter corner section 15, township 44, north of range 8 east, n.m.m. bears south 67 degrees 45 minutes west 961 feet.” The legal descriptions of decreed and proposed points of diversion of the subject water right, converted to UTM coordinates by the Colorado Division of Water Resources, are illustrated on Exhibit A attached to this Application. The proposed point of diversion is less than one-half of one mile (approximately 2587 feet) downstream of the decreed point of diversion. There are no intervening water rights between the decreed point of diversion and the proposed point of diversion. Applicant seeks to continue using the subject water right to irrigate land now owned by Applicant in the N1/2SE1/4 and S1/2NE1/4, Section 14, Township 44 North, Range 8 East, N.M.P.M. The historical place of use, which is also the proposed place of use, is illustrated on the map attached as Exhibit A to the Application. Applicant is not seeking to change the beneficial use (irrigation) or the amount or timing of diversions. To prevent an expansion of use, Applicant will limit irrigation to 30 acres of land within the historical place of use, as shown on Exhibit A, which represents 25% of the acres decreed to be irrigated by the Slane & Scandrett Ditch Priority 31 water right, and which coincides with Applicant’s ownership of 25% (0.6 cfs of a total 2.4 cfs) of such water right. Diversion records maintained by the Division of Water Resources for the Slane & Scandrett Ditch are attached as Exhibit B to the Application.

(50 pages with attachments)

Case No. 12CW29. IN SAGUACHE COUNTY, COLORADO. APPLICATION FOR CHANGES OF WATER RIGHTS AND APPLICATION FOR WATER RIGHT. CONCERNING THE APPLICATION FOR WATER RIGHTS OF GARY AND JOANNE BOYCE IN SAGUACHE COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 3, STATE OF COLORADO, 702 4th Street, Alamosa, CO 81101. Name and address of applicant: Gary and Joanne Boyce, 17425 County Road 66T, Moffat, Colorado 81143. Copies of all pleadings to: Glenn E. Porzak, Kevin J. Kinnear, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, 303-443-6800. 2. Description of water rights to be changed: Applicants seek to change the following water rights to alternate points of diversion as described in paragraph 3, below. Applicant does not seek to change the amount, type of use, or location of use of the subject water rights. a. Hills Ditch #1 i. Original Decree: District Court, Saguache County, dated March 28, 1890. ii. Location: On the south bank of Kerber Creek, tributary to San Luis Creek in Saguache County, Colorado, at a point whence the NW corner of the NE¼ NE¼ of Section 15, T. 46 N., R. 9 E. of the N.M.M. bears N. 72° 53’ E. a distance of 307 feet. iii. Source: Kerber Creek. iv. Decreed Uses: Irrigation. v. Appropriation Date: April 15, 1874. vi. Decreed Amount: 0.72 c.f.s., absolute. b. Hills Ditch #2 i. Original Decree: District Court, Saguache County, dated March 28, 1890. ii. Location: On the north bank of Kerber Creek, tributary to San Luis Creek in Saguache County, Colorado, at a point whence the NW corner of the NE¼ NE¼ of Section 15, T. 46 N., R. 9 E. of the N.M.M. bears S. 59° 23’ W. a distance of 445 feet. iii. Source: Kerber Creek. iv. Decreed Uses: Irrigation. v. Appropriation Date: June 1, 1874. vi. Decreed Amount: 0.3 c.f.s., absolute. c. Hills Ditch #3 i. Original Decree: District Court, Saguache County, dated March 28, 1890. ii. Location: On the north bank of Kerber Creek, tributary to San Luis Creek in Saguache County, Colorado, at a point whence the NW corner of the NE ¼ NE ¼ of Section 15, T. 46 N., R. 9 E. of the N.M.M. bears N. 82° 20’ E. a distance of 75 feet. iii. Source: Kerber Creek. iv. Decreed Uses: Irrigation. v. Appropriation Date: June 10, 1874. vi. Decreed Amount: 0.16 c.f.s., absolute. d. Hills Ditch #4. i. Original Decree: District Court, Saguache County, dated March 28, 1890. ii. Location: On the north bank of Kerber Creek, tributary to San Luis Creek in Saguache County, Colorado, at a point whence the NW corner of the NE ¼ NE ¼ of Section 15, T. 46 N., R. 9 E. of the N.M.M. bears N. 76° 4’ E. a distance of 300 feet. iii. Source: Kerber Creek. iv. Decreed Uses: Irrigation. v. Appropriation Date: June 1, 1874. vi. Decreed Amount: 0.08 c.f.s., absolute. e. Hills Ditch #5 (Priority Nos. 63 and 94) i. Original Decree: District Court, Saguache County, dated March 28, 1890. ii. Location: On the south bank of Kerber Creek, tributary to San Luis Creek in Saguache County, Colorado, at a point whence the W ¼ corner of Section 15, T. 46 N., R. 9 E. of the N.M.M. bears N. 1° 31’ E. a distance of 156 feet. iii. Source: Kerber Creek. iv. Decreed Uses: Irrigation. v. Appropriation Dates: September 15, 1878 (Priority No. 63) and February 22, 1884 (Priority No. 94). vi. Decreed Amounts: 2.26 c.f.s., absolute (Priority No. 63) and 1.0 c.f.s., absolute (Priority No. 94). f. Wells Middle Ditch i. Original Decree: District Court, Saguache County, dated March 28, 1890. ii. Location: On the right bank of Kerber Creek, tributary to San Luis Creek in Saguache County, Colorado, at a point whence the W ¼ corner of Section 15, T. 46 N., R. 9 E. of the N.M.M. bears N. 9° W. a distance of 112 feet. iii. Source: Kerber Creek. iv. Decreed Uses: Irrigation. v. Appropriation Date: April 1, 1866. vi. Decreed Amount: 0.6 c.f.s., absolute. g. Daniels & Fish No. 4 (Priority Nos. 31 and 56). i. Original Decree: District Court, Saguache County, dated March 28, 1890. ii. Location: On the south bank of Kerber Creek, tributary to San Luis Creek in Saguache County, Colorado, at a point whence the E ¼ corner of Section 11, T. 46 N., R. 9 E. of the N.M.M. bears S. 51° 54’ E. a distance of 1,320 feet. iii. Source: Kerber Creek. iv. Decreed Uses: Irrigation. v. Appropriation Dates: April 15, 1873 (Priority No. 31), and April 15, 1876 (Priority No. 56). vi. Decreed Amounts: 2.0 c.f.s., absolute (Priority No. 31), and 2.8 c.f.s., absolute (Priority No. 56). 3. Description of changes sought: Applicants seek approval of alternate points of diversion for the water rights described in paragraph 2 above. The alternate points of diversion are as follows: A. Hills Ditch Nos. 1 and 5: With respect to the water rights for the Hills Ditches described in paragraphs 2(a) and (e) above, Applicants seek the right to alternately divert said water rights at the headgate of the Wells Kerber Ditch, which is located on the right bank of Kerber Creek, tributary of San Luis Creek, Saguache, Colorado at a point whence the S. ¼ corner of Section 16, T. 46 N., R. 9 E., N.M.M. bears S. 84° E. 834 feet. B. Hills Ditch Nos. 2, 3, and 4, and Wells Middle Ditch: With respect to the water right for the Hills Ditch Nos. 2, 3, and 4, and the Wells Middle Ditch described in paragraphs 2(b), (c), (d), and (f) above, Applicants seek the right to divert said water rights at the headgate of the Wells North Ditch, which is located on the left bank of Kerber Creek, tributary to San Luis Creek, Saguache, Colorado, at a point whence the E. ¼ corner of Section 16, T. 46 N., R. 9 E., N.M.M. bears N. 52½° E. 508 feet. C. Daniels & Fish No. 4 Ditch: With respect to the water rights for the Daniels & Fish No. 4 Ditch described in paragraph 2(g) above, Applicants seek to confirm the right to divert this water right at its original headgate described in paragraph 2(g) above. The point of diversion of this water right was administratively changed to an alternate point of diversion at the Danels & Fish Arroya Ditch headgate, which is located on the north bank of Kerber Creek, tributary to San Luis Creek, Saguache, Colorado, at a point whence the center of Section 11, T. 46 N., R. 9 E., N.M.M. bears N. 21° 49’ E. 573 feet. Applicants do not intend to change the type or place of use of the subject water rights, but only the points of diversions to the foregoing alternate points. The points of diversion and land irrigated by the foregoing water rights are shown on the attached Exhibit A. 4. Remarks: There are no new structures sought in this application. Applicants own the land upon which the structures identified in paragraph 2(a) – (d) and (g) are located. Wendell F. Hutchinson Revocable Trust, 9104 W. Highway 50, Salida, CO 81201, is the owner of land upon which are located the headgates of the Hills Ditch #5, described in paragraph 2(e), the Wells Middle Ditch, described in paragraph 2(f), the Wells Kerber Ditch, described in paragraph 3(A), and the Wells North Ditch, described in paragraph 3(B). WHEREFORE, Applicants request that this Court enter a decree which: 1. Approves the changes of water rights described in paragraph 3; 2. Finds that as a result of the subject changes of water rights, there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional water right.

(7 pages with attachment)

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 September, 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 8th day of July, 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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