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 June, 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. 2012CW16, Willard L. Mix and Ora E. Mix Testamentary Trust, 4511 East Road 3 North, Monte Vista, CO 81144, 719-852-2957, Application for Change of Water Right in Saguache County

Decreed name of structure for which change is sought: Well No. 4, Case No. W-504, Registration No. 6465-R Date entered: December 28, 1973 Case no. W-504 Court: Water Division No. 3 Decreed point of diversion: Well No. 4: NE¼ NW¼ Section 12, Township 41 North, Range 8 East, NMPM, with no defined distances from Section lines Source: Unconfined Aquifer Appropriation date and amount: July 31, 1940 for 2000 gallons per minute (4.46 cfs) Historic use: Well No. 4 has been historically used to flood and/or sprinkler irrigate the N½ SW¼ and the NW¼ of Section 12, Township 41 North, Range 8 East, NMPM in conjunction with Well No. 1, Case No. W-3782 (drilled 1972) and Well No. 1, Case No. 80CW73 (drilled 1980) and the Farmers Union Ditch water Proposed change: This change of water right requests only to correct the decreed location of Well No. 4 from the NE¼ NW¼ Section 12, Township 41 North, Range 8 East, NMPM, to the: NW¼ SW¼ Section 12, Township 41 North, Range 8 East, NMPM at a point approximately 1300 feet from the North Section line and 15 feet from the West Section line in Saguache County. Location verified by DWR GPS location at UTM NAD 83, Zone 13S: 407037 mE, 4185291 mN. The original registration of the irrigation well by Willard L. And Ora E. Mix placed the well in the NE¼ NW¼ Section 12. This registration was given no. 6465-R in 1958. And eventually the well was decreed at that same location in Case No. W-504. However, field verification and testimony of the family finds that no irrigation well ever existed in the NE¼ NW¼ Section 12. Rotating the map included with the original registration by 90 degrees gives the correct orientation of the well. The well was always located at the southwest corner of the property that includes the N½ SW¼ and the NW¼ of Section 12, Township 41 North, Range 8 East, NMPM (240 acres). The applicants request that the Court correct the location of Well No. 4, Case No. W-504, Registration No. 6465-R. The Applicants are the owners of the property upon which water will be placed to beneficial use.

(2 Pages)

Case No. 12CW20, Richard L. Benton, 4494 W. 8N., Del Norte, CO 81132, (719)-754-3551 Application for Change of Water Right in Alamosa County

Name of structure: 02CW057 Well No 1-R, Water District Identification Number (“WDID”) 2013858 Legal description of structure: Center of the NE1/4 NW1/4 of Section 29, T40N, R7E, NMPM, at a point 1,300 feet from the North Section line and 1,500 from the West Section line. Date of original and all relevant subsequent decrees: 1. Original appropriation date June 30, 1947 for irrigation. 2. Case No. W-461, Well Permit No. 6817, adjudicated and decreed by Colorado District Court, Water Division Three on January 16, 1975 for 1,000 gallons per minute (“gpm”) from the unconfined aquifer. 3. Case No. 02CW57, Well Permit No. R-6817-RF, adjudicated and decreed by Colorado District Court, Water Division Three on July 7, 2003 for 1,000 gpm from the unconfined aquifer, the average annual amount of ground water to be appropriated shall not exceed 300 acre-feet with continued diversion of recharged Rio Grande Canal and Santa Maria Reservoir share water associated with the land. Decreed source of water: Unconfined Aquifer with continued diversion of recharge Rio Grande Canal and Santa Maria Reservoir share water associated with the land. Appropriation date and amount: June 30, 1947, 1,000 gpm from the unconfined aquifer, with the average annual amount of ground water to be appropriated not exceed 300 acre feet. Historic use: Irrigation Detailed description of proposed change: Applicant seeks to change the point of diversion of Well. No. 1-R Case No. 02CW57 from its current depth of 100 FT to a new depth of 250 FT. Applicant will drill a new well located less than 200 feet from the current location of 02CW057 Well No 1-R to the depth of 250 FT. Case No. 02CW57 ruled and decreed that applicant should continue to divert or recharge Rio Grande Canal and Santa Maria Reservoir share water associated with the land. Applicant owns shares of the Rio Grande Canal Water Users Association (“Rio Grande Canal”) and shares of the Santa Maria Reservoir Company (“Santa Maria”). Both the Rio Grande Canal shares and the Santa Maria shares are tied to the NE1/4 NW1/4 of Section 29, T40N, R7E, NMPM. The water was appropriated and decreed for use by shareholders to recharge the unconfined and confined aquifers in case No. W-3979 on December 27, 1984. The Rio Grande Canal Water Users Association leases shares from the Santa Maria Reservoir Company. In Case No. W-3979, the court confirmed and decreed the following: 1. The historical irrigation practice of recharging the underground aquifers by the application of direct flow water rights to the surface and utilizing the water from the recharged underground aquifers for irrigation purposes. 2. The right of Rio Grande Canal Water Users Association (“RGCWUA”) Shareholders reclaim through well withdrawals from the underground aquifers an amount of water equivalent to that applied on the surface to recharge those aquifers. 3. Extraction of water from the wells of RGCWUA shareholders shall not be limited to the amount of water applied to recharge. The owners of these wells may also be entitled to extract additional water under each well’s own independent priority. In order to produce the entire decreed 300 AF in Case No. 02CW57, a deeper replacement well is required. To comply with State Engineer Policy 2003-3, Applicant must apply for a change in water right. Applicant’s shares in the Rio Grand Canal and in the Santa Maria will continue to augment water pumped from the changed point of diversion as applicant has previously done under the Decree entered in Case No. 02CW57. Name and address of owner of the land on which new diversion or storage structures, or modifications thereto, are located: Applicant

(18 pages with 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 July, 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.

PROTESTS TO THE ABANDONMENT LIST

Case No. 2012CW13, Smith and Wakasugi, RLLLP, P.O. Box 189, Blanca, CO 81123 (John C. McClure, McClure & Eggleston, LLC, 1401 17th Street, #660, Denver, CO 80202, 303-294-0822) Protest to Revised Abandonment List in Costilla County

Name of structure: Well No. 8, Case No. W-332 (Permit No. 14222). Date of original decree: August 1, 1974. Case No.: W-332. Court: Water Court, Division No. 3. Location of point of diversion: Northing 4142914 Easting 0453733. Source of water: Unconfined aquifer. Decreed use or uses: Domestic and commercial. Appropriation date: June 8, 1955. Decreed amount: 0.78 c.f.s. Amount listed as having been abandoned: 0.78 c.f.s. Former district number and page number where listed on Abandonment List: Page 3 of 5 of Revised Abandonment List of Water Rights in Water Division 3. State factual and legal basis for this Protest: Well No. 8 should not be administratively abandoned as there is, and has been, no intent to abandon Well No. 8 by the owner Smith and Wakasugi, RLLLP. Well No. 8 is adjudicated for both domestic and commercial purposes. It is located in the NW 1/4 NW 1/4 Section 23, Township 30 S, Range 73 W, 6th PM. Prior to the Well No. 8 owner acquiring it, it was used for commercial purposes at another packing shed on the site. Well No. 8 is available to the owner of it, or an affiliated entity, for use at an existing packing shed that processes potatoes, and is physically located approximately one-half mile from the existing packing shed.

The adjudicated commercial use of this well is consistent with the owner’s contemplated future use of the well. Well No. 8 was acquired for supplemental use purposes, if and when needed. The owner considers this well to be a valuable asset in its ongoing commercial operations.

(5 pages with attachments)

Case No. 2012CW14, Jerry W. Smith, P.O. Box 189, Blanca, CO 81123 (John C. McClure, McClure & Eggleston, LLC, 1401 17th Street, #660, Denver, CO 80202, 303-294-0822) Protest to Revised Abandonment List in Costilla County

Name of structure: Well No. 2, Case No. W-332 (Permit No. 14237). Date of original decree: August 29, 1974. Case No.: W-332. Court: Water Court, Division No. 3. Location of point of diversion: NE-1/4 NW-1/4, Section 36, Township 30 South, Range 74 West, 6th P.M., at a point 570 feet from the North section line and 2,590 feet from the East section line. Source of water: Unconfined aquifer. Decreed use or uses: Irrigation. Appropriation date: August 15, 1956. Decreed amount: 2.44 c.f.s. Amount listed as having been abandoned: 2.44 c.f.s. Former district number and page number where listed on Abandonment List: Page 3 of 5 of Revised Abandonment List of Water Rights in Water Division 3. State factual and legal basis for this Protest: Well No. 14237 should not be administratively abandoned as there is, and has been, no intent to abandon it by the owner Jerry W. Smith. Well No. 14237 is decreed for irrigation purposes. Waters from Well No. 14237 have been physically pumped from another well structure – Case No. W-332, Well No. 3, Permit No. 14238 (“Well No. 14238”). Well No. 14238 is located in the NW 1/4 of S 36, T 30 S, R 74 W, 6th PM, with the waters piped from that well structure for the purpose of irrigating the NW 1/4 of S 36, T 30 S, R 74 W, 6th PM, SW-1/4 of S 36, T 30 S, R 74 W, 6th PM, and NE 1/4 of S 35, T 30 S, R 74 W, 6th PM. Waters from Well No. 14237 have been continually used for farming purposes.

Case No. W-332, Well No. 4, Permit No. 14239 (“Well No. 14239”) is located in the NE 1/4 of S 35, T 30 S, R 74 W, 6th PM. Well No. 14239 is part of a three well/three quarter section farming unit and used in conjunction with Well Nos. 14237 and 14238 on the above three quarter sections. Well Nos. 14237, 14238, and 14239, along with the aforementioned three quarter sections, are owned by the undersigned owner or an affiliated person or entity.

Since approximately 1977, after center pivot irrigation systems were installed on three quarter sections – NW 1/4 S 36, T 30 S, R 74 W; SW 1/4 S 36, T 30 S, R 74 W; and NE 1/4 S 35, T 30 S, R 74 W – the waters from the Well No. 14238 well structure have been used to service each of the three quarter sections. Well No. 14238 provides the physical source of supply of waters for each of the three quarter sections, in part, due to physical limitations associated with Well No. 14237.

(5 pages with attachments)

Case No. 2012CW15, Jerry W. Smith and Barbara J. Smith Family Limited Partnership, P.O. Box 189, Blanca, CO 81123 (John C. McClure, McClure & Eggleston, LLC, 1401 17th Street, #660, Denver, CO 80202, 303-294-0822) Protest to Revised Abandonment List in Costilla County

Name of structure: Well No. 4, Case No. W-332 (Permit No. 14239). Date of original decree: August 29, 1974, Case No. W-332. Court: Water Court, Division No. 3. Location of point of diversion: SE-1/4 NE-1/4, Section 35, Township 30 South, Range 74 West, 6th P.M., at a point 410 feet from the North section line and 150 feet from the East section line. Source of water: Unconfined aquifer. Decreed use or uses: Irrigation. Appropriation date: September 30, 1956. Decreed amount: 2.67 c.f.s. Amount listed as having been abandoned: 2.67 c.f.s. Former district number and page number where listed on Abandonment List: Page 3 of 5 of Revised Abandonment List of Water Rights in Water Division 3. State factual and legal basis for this Protest: Well No. 14239 should not be administratively abandoned as there is, and has been, no intent to abandon it by the owner Jerry W. Smith and Barbara J. Smith Family Limited Partnership. Well No. 14239 is decreed for irrigation purposes. Waters from Well No. 14239 have been physically pumped from another well structure – Case No. W-337, Well No. 3, Permit No. 14238 (“Well No. 14238”). Well No. 14238 is located on adjacent lands in the NW 1/4 of S 36, T 30 S, R 74 W 6th PM with waters piped for irrigation from Well No. 14238 to the NW 1/4 of S 36, T 30 S, R 74 W, 6th PM, SW-1/4 of S 36, T 30 S, R 74 W, 6th PM, and the NE 1/4 of S 35, T 30 S, R 74 W, 6th PM. Waters from Well No. 14239 have been continually used for farming purposes.

Case No. 332, Well No. 2, Permit No. 14237 (“Well No. 14237”) is located in the NW 1/4 of S 36, T 30 S, R 74 W. Well No. 14237 is part of a three well/three quarter section farming unit and used in conjunction with Well Nos. 14238 and 14239 on the above three quarter sections. Well Nos. 14237, 14238, and 14239, along with the aforementioned three quarter sections, are owned by the undersigned owner or an affiliated person or entity.