district court, water division 7, coloradosjwc.org/alp/swcd_support_document/2013aug29 application...

DATE FILED: August 29, 2013 3:08 PM FILING ID: A2F70BCE83225 CASE NUMBER: 2013CW3011

DISTRICT COURT, WATER DIVISION 7, COLORADO

Court Address: 1060 East Second A venue Durango, Colorado 81301

Phone Number: (970) 247-2304

IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE SOUTHWESTERN WATER CONSERVATION DISTRICT, IN LA PLATA COUNTY

John Barlow Spear, #13878 Adam T. Reeves, #26230 Maynes, Bradford, Shipps & Sheftel, LLP 835 E. Second Avenue, Suite 123 Durango, Colorado 81301 (970) 247-1755 [email protected]; [email protected]

Peggy E. Montaiio, #11075 Trout, Raley, Montano, Witwer & Freeman P .C. 1120 Lincoln Street, suite 1600 Denver Colorado, 80203 (303) 339-5833 pmontano@troutlaw .com

• COURT USE ONLY •

Case Number: 13CW (07CW55, 01CW54, 94CW51,

88CW48, 84CW59, 80CW237, 80CW101, W-190)

Div: 4 Ctrm:

APPLICATION TO MAKE ABSOLUTE AND FOR A FINDING OF REASONABLE DILIGENCE

Preliminary Statement

Applicant, Southwestern Water Conservation District ("SWCD") seeks to make the following described water rights absolute and seeks a finding of reasonable diligence as more fully described herein. A finding of reasonable diligence was last entered with respect to these rights on January 16, 2008 in Case No. 07CW55, District Court, Water Division 7, with a specified diligence period from the entry of the decree through August 31, 2013.

I. Name, address, and telephone number of applicant:

Southwestern Water Conservation District 841 East Second A venue Durango, CO 81301

Phone: (970) 247-1302

by its attorneys: Maynes, Bradford, Shipps and Sheftel, LLP John Barlow Spear Adam T. Reeves 835 E. Second Avenue, Suite 123 Durango, Colorado 81301 (970) 247-1755 [email protected]; [email protected]

Trout, Raley, Montaiio, Witwer & Freeman P.C. Peggy E. Montano 1120 Lincoln Street, suite 1600 Denver Colorado, 80203 (303) 339-5833 pmontano@troutlaw .com

All correspondence should be directed to the foregoing attorneys' offices.

II. Name of structures. As identified below the water rights which are the subject of tills application include both direct flow and storage rights and features of the Animas-La Plata Project ("ALP Project"), collectively they will be referred to as the "ALP Water Rights".

a. DIRECT FLOW RIGHTS: Animas Diversion Canal - Teft Diversion Dam Hay Gulch via Project Works (alk/a Dry Side Canal) Falls Creek Diversion Dam and Canal Junction Creek Diversion Darn and Pipeline La Plata Diversion Dam and Canal Longhollow Diversion Dam and Canal Meadows Diversion Canal

b. STORAGE RIGHTS: Animas Mountain Reservoir Hay Gulch Reservoir Howardsville Reservoir Meadows Reservoir Three Buttes Reservoir

c. OTHER PROJECT FEATURES: McDennott Canal Ponds Canal Red Mesa Canal Ute Canal

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ill. The conditional water rights as to each structure based on the Judgment and Decree are:

a. DIRECT FLOW RIGHTS:

t. ANIMAS DNERSION CANAL - TEFT DNERSION DAM

(1) Decree: #1751-B, March21, 1966; #807-C,March21, 1966, District Court, Water Division No. 7

(2) Location of Point of Diversion: At a point whence the NW comer of Section 1, T38N, R9W, N.M.P.M., bears N 79° 45' W, 11,150.0 ft.

(3) Alternate point of diversion: DURANGO PUMPING PLANT AND RIDGES BASIN 'INLET CONDUIT, decreed in Case No. 80CW237.

(a) Pump Location: From theSE comer of Section 32, T35N, R9W, bear N 49° 00' W, 4,200 ft.

(b) Means of diversion: Pump and pipeline from the· Durango Pumping Plant. Location: from the Durango Pumping Plant bear SSW 2,000 ft., West 1,600 ft., WSW 1,100 ft., SSW 1,300 ft. , thence WSW 4,600 ft. to the point of inlet into Ridges Basin Reservoir a/k/a Lake Nighthorse.

(4) Source: Animas River and its tributaries

(5) Appropriation Date: September 2, 1938

(6) Amount: 600 c.f.s., Conditional

(7) Uses: Irrigation, domestic, municipal, industrial, recreation, stock, fish and wildlife, flood control and other beneficial uses

ii, HAY GULCH VIA ALP PROJECT WORKS NKJA DRY SIDE CANAL

(l) Decree: #1751 -B, March 21, 1966; #807-C, March 21, 1966; District Court, Water Division No.7

(2) Location of POD: At a point whence the NE comer of Section 3U, T34N, Rl2W, N.M.P.M., bears N 79° 12' E, 3,150.0 ft.

(3) Source: Animas and La Plata Rivers and their tributaries, including, but not limited to, Hay Gulch.

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(5) Amount: 625.0 c.f.s., Conditional

(6) Uses: Irrigation, domestic, municipal, industrial, recreation, stock, fish and wildlife, flood control and other beneficial uses.

iii. FALLS CREEK DIVERSION DAM AND CANAL

(1) Decree: # 1751-B, March 21 , 1966, Dish·ictCourt, Water Division No.7

(2) Location of Point of Diversion: At a point whence the SW corner ofSection 21 , T36N, R9W, N.M.P.M., bearsS 45° 50' W, 1,050.0 ft.

(3) Source: Falls Creek, a tributary of the Animas River

(4) Alternate Point of Diversion: DURANGO PUMPING PLANT AND RIDGES BASIN INLET CONDUIT (as described in paragraph III.a.(i)(3), above, with the alternate source as the Animas River and its tributaries), decreed in Case No. 80CW237).


(6) Amount: 60.0 c.£s.

(7) Uses~ Irrigation, domestic, municipal, industrial, recreation, stock, fish and wi ldlife, flood control and other beneficial uses.

1v. JUNCTION CREEK DNERSION DAM AND PJPELINE

(1) Decree: #1751-B, March21,1966, District Court, Water Division No.7

(2) Location of Point of Diversion: At a point whence the SW comer of Section 31, T36N, R9W, N.M.P.M., bears N 51 o 15' E, 2,200.0 ft.

(3) Source: Junction Creek, and the Animas River and its tributaries

(4) Alternate Point of Diversion: DURANGO PUMPING PLANT AND RIDGES BASIN INLET CONDUIT (as described in paragraph UI.a.(i)(3) above, with the alternate source as the

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Anitnas River and its tributaries), decreed in Case No. 80CW237.


(6) Amount: 100.0 c.f.s.


v. LA PLATA DIVERSION DAM AND CANAL

( 1) Decree: #807 -C, March 21 , 1966, District Court, Water Division No.7

(2) Location of Point of Diversion: At a point whence theSE comer of Section 7U, T34N, Rl IW, N.M.P.M., bears S 16° 04' E, 2,150.0 ft.

(3) Alternate Point of Diversion: From the SW Comer of Section 13, T34N, Rl2W, bear N 88° 00' E, 6,100 ft.

(4) The point of beginning is at the Ridges Basin Pumping Plant Outlet from the NE corner of Section 4, T34N, R1 OW, bear S 27° W 2,200 ft.

(5) Source: La Plata River and its tributaries


(7) Amount: 400.0 c.fs., Conditional


vi. LONG HOLLOW DIVERSION DAM AND CANAL

(1) Decree: #1751-B, March21, 1966; #807-C, March21 , 1966, District Court, Water Division No. 7

(2) Location ofPoint of Diversion: A point whence the NE comer of Section 3, T32N, R13W, N.M.P.M., bears N 02° 00' E, 1,580.0 ft.

(3) Alternate Point of Diversion: SOUTHERN UTE DIVERSION DAM AND INLET CANAL, from the SW corner of Section 3, T32N, R13W, bear N 21 o 00' E for a distance of 12,400 ft.

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( 4) Sources: Animas River, La Plata River and their tributaries and ALP return flows


(6) Amount: I 75.0 c.f.s.


vu. MEADOWS DIVERSION CANAL

(1) Decree: # 1751 -B, March 21, 1966; #807~C, March 21, 1966, District Court, Water Division No.7

(2) Location ofPoint ofDiversion: A point whence the NE comer of Section 3, T32N, R13W, N.M.P.M., bears N 02° 00' E, 1,580.0 ft. (Same POD as for the Long Hollow Diversion Dam and Canal, but with separate delivcty canal)

(3) Alternate Point ofDiversion: SOUTHERN UTE DIVERSION DAM AND INLET CANAL (as described in paragraph III.a.(vi)(3) above)

(4) Sources: Animas River, La Plata River and their tributmies and ALP return flows

(5) Appropriation Date: September 2 , 1938

(6) Amount: 165.0 c.f.s., Conditional


b. STORAGE RIGHTS:

1. ANIMAS MOUNTAIN RESERVOIR

(1) Decree: # 1751-B, March21, 1966; DistrictCourt, Water Division No. 7.

(2) Location: In portions of Sections 28, 29, 32 and 33, T36N, R9W, N.M.P.M., and Sections 4 and 5, T35N, R9W, N.M.P.M. Initial point of survey of the high water line of the Reservoir is located at

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a point from whence the NW comer of Section 4, T35N, R9W, N.M.P.M., bears N 29° 28' W, a distance of2,230.0 ft. The axis of Dam No. 1 extends N 9° 17' E, from a point on the right abutment at Station 0+00 from whence the NW corner of Section 4, T35N, R9W~ N.M.P.M., bears N 30° 58' W, a distance of2,430.0 ft. The axis of Dam No.2 extends S 6° 00' E, from a point on the right abutment at Station 0+00 from whence the NE comer of Section 5, T34N, R9W, N.M.P.M., bears N 72° 57' E, a distance of3,690.0 ft.

(3) Sources: Fa1ls Creek, Junction Creek, Animas River and its tributaries.

(4) Appropriation Date: September 2, 1938.

(5) Amount: .Initial storage - 17,640 AF, conditional; Annual storage 14,640 AF, conditional, and 14,640 AF, conditional, refill from all three sources, if capacity and water available

(6) Uses: Irrigation, domestic, municipal, industrial, recreation stock, fish and wildlife, flood control and other beneficial uses.

(7) Alternate Place of Storage: Ridges Basin Reservoir.

(a) Point of diversion and location of Reservoir: Ridges Basin Reservoir is located in portions of Section 6 and 7, T34N, R9W, N.M.P.M., and Sections 1, 2, 3, 4, 9, 10, 11, 12, 2U and 3U, T34N, RlOW, N.M.P.M., and Section 36, T35N, RlOW, N.M.P.M. Inlet from the NE corner of Section 1, T34N, RlOW, N.M.P.M., bearN 80° 00' W, 1,600 ft. The South abutment of the dam is located 2,100 ft. from the SW comer of Section 7, T34N, R9W, N.M.P.M., on an angle of 64° E ofN. The dam extends 1,600 ft. across the streambed bearing 7° 10' E ofN along the dam axis. Location of the center line of the dam further described as being in the SWl/4 NEl/4 SWl/4 ofSection 7, T34N, R9W, N.M.P.M., 1,780 ft. from the S section line and 1,725 ft. from the W section line of said Section 7.

(b) Capacity: 280,040 AF.

(c) Source and means of diversion: By pump from the Animas River via the Durango Pumping Plant and Ridges Basin Inlet Conduit (see Paragraph III.a.i.(3)).

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u . HAYGULCHRESERVOIR

(1) Decree: #1751 -B, March 21 , 1966; #807-C, March 21 , 1966; District Court, Water Division No. 7.

(2) Location: In portions of Sections 6 and 7, T34N, RllW, N.M.P.M.; Sections 1, 2, 3, 11 and 12, T34N, R12W, N.M.P.M.; Section 31 , T35N, Rll W, N.M.P.M.; Sections 35 and 36, T35N, R12W, N.M.P.M. Initial point of survey of the high water line of the Reservoir is located at a point whence the South Quarter corner of Section 12, T34N, R12W, N.M.P.M, bearsS 80° 31' E, a distance of 1,200.0 ft. The axis of Hay Gulch Dam is described as follows: From Station 10+00, a point on the axis of the dam, the South Quarter corner of Section 12, T34N, R 12W, N.M.P.M., bears S 86° 58' E, a distance of 3,970.0 ft. and, from said Station 1 0+00, the axis of the dam bears S 89° 15' E.

(3) Sources: La Plata River and its tributaries, including but not limited to Hay Gulch, a tributary of the La Plata River, and Animas River and its tributaries for Alternate Place of Storage


(5) Capacity: 56,330 AF.


(7) Conditions: Initial storage 56,330 AF, conditional, from the Animas River; annual storage of53,730 AF, conditional, from the Animas River and 46,740 AF, conditional, from the Animas River for refill, if said reservoir capacity and water are available. Further, 56,330 AF, conditional, initial storage from Hay Gulch and the La Plata River, with annual storage; 53,730 AF, conditional, and refill46,730 AF, conditional, from Hay Gulch and the La Plata River if capacity and water are available. With the provision that Hay Gulch Reservoir is are-regulation reservoir and that such re-regulation shall not be charged against the storage rights appropriated herein.

(8) Alternate Place of Storage: Ridges Basin Reservoir (previously described in paragraph III.b(i)(7) above) and Southern Ute Reservoir (to be filled through Southern Ute Inlet Canal or Durango Pumping Plant):

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(a) Point of diversion and location: Inlet, from the SW corner of Section 2, T32N, R13W, bears N 88° 00' E 3,700 ft. The West abutment of the dam 1s located 550ft. from theSE corner of Section 12, T32N, R13W, N.M.P.M. on an angle of71° W ofN. The dam axis extends 700ft. bearing 65° E of S to a point, then 2,300 ft. bearing 72° E ofN to the East abutment. The Reservoir is located partially in the following sections: Sections l , 2, 11 and 12 ofT32N, Rl3W, N.M.P.M., and Sections 10, 15 and 22, in T32N, Rl2W, N.M.P.M., all in Colorado; and in Sections 12 and 13, T32N, Rl3W, N.M.P.M., and in Section 7, T32N, R l 2W, N.M.P.M., all in New Mexico.

(b) Capacity: 70,000 AF

iii. HOWARDSVrLLE RESERVOIR

(1) Decree: #1751-B, March 21, 1966; District Court, Water Division No. 7.

(2) Location: About 2 Miles upstream from the town of Silverton in an unsurveyed area. Probable projections would place the reservoir in Sections 29, 30, and 31 , T42N, R6W; Section 36, T42N, R7W; Section 6, T41N, R6W; Sections 1, 11, 12, T41N, R7W, all N.M.P.M. Initial point of survey of high water line located at a point whence U.S. Mineral Monument Uncle Sam bearsS 84° 15' W, 26,300 ft. Axis of dam extends S 15° 08 ' E, from point on right abutment at Station 0+00, whence U.S. Mineral Monument Uncle Sam, bears N 56° 01' W, 16,400.0 ft.

(3) Source: Animas River and its tributaries.


(5) Amount: 93,700 AF, Conditional

(6) Uses: Irrigation. domestic, municipal, industrial, recreation, stock, fish and wildlife, flood control and other beneficial uses.

(7) Alternate Place of Storage: Ridges Basin Reservoir, described in paragraph III.b(i)(7) above.

(8) Conditions: Initial storage 93,700 AF, annual storage 90~700 AF, and 90,700 AF to refill, if capacity and water are available.

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tv. MEADOWS RESERVOIR

(1) Decree: # 1751-B, March 21, 1966; #807-C, March 21 , 1966; District Court, Water Division No.7.

(2) Location: Portions of Sections 25, 26, 27, 34 and 36, T31N, Rl4W, N.M.P.M., in New Mexico. The initial point of survey of the high water line of the reservoir is located at a point whence the Southwest corner of Section 26, T31 N, R14W, N.M.P.M. bearsS 25° 18' W, 1,300.0 ft. The axis extends S 45° 50' W from a point on the right abutment at Station 0+00 whence the Southwest comer of Section 26, T3 1N, Rl4W, N.M.P.M. bearsS 34° 32' W, 2, 130.0 ft.

(3) Sources: Animas Rjver, La Plata River and their tributaries and ALP return flows.


(5) Amount: 17,450 AF, initial storage, conditional, fi·om the Animas River, annual storage- 13,750 AF, conditional, from the Animas River, and 13,750 AF from the Animas Rjver to refill . Additionally, 13,750 AF, conditional from the La Plata River, whenever capacity is available for refilling and water is available in the La Plata River for refilling.

(6) Uses: irrigation, domestic, municipal, industrial, recreation, stock, fish and wildlife, t1ood control and other beneficial uses.

(7) Alternate Place of storage: Southern Ute Reservoir and Darn (previously described in paragraph Ill.b(ii)(8) above).

v. THREE BUTTES RESERVOIR

(1) Decree: #1751 -B, March21, 1966: #807-C, March 21, 1966; District Court, Water Division No.7.

(2) Location: Portions of Sections 1, 2, 11 and 12, T32N, R12W, N.M.P.M., and Sections 10, 15 and 22, T32N, Rl2W, N.M.P.M., in Colorado; and Section 7, T32N, Rl2W, N.M.P.M., and Sections 12 and 13, T32N, R13W, N.M.P.M., in New Mexico. The initial point of survey of the high water line of the Reservoir is located at a point from which the SW comer of Section 7, T32N, R12W, N .M.P.M., in New Mexico bearsS 59° 00' W, 2,405.0 ft.; the axis of the dam beginning at Station 0+00 whence the SW comer of

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Section 7, T32N, R12W, N.M.P.M., in New Mexico bearsS 56° 00' W, 2,445.0 ft.; thence S 10° 00' E 400ft. along the axis; then N 53° 00' W 720ft. to axis Station 31 +00.

(3) Source: Animas River, La Plata River and their tributaries and ALP return flows.


(5) Amount: Initial storage 38,400 AF, conditional, from the Animas River; annual storage- 38,400 AF, conditional, from the Animas River and 38,400 AF, conditional, from the La Plata River.


(7) A1temate Place of storage: Southern Ute Reservoir and Dam (previously described in paragraph IJI.3.b(ii)(8) above).

c. OTHER PROJECT FEATURES:

1. McDERMOTT CANAL

(1) Decree: #1751 -8, March 21, 1966; #807-C, March 21, 1966; District Court, Water Division No. 7.

(2) Location: Water from Three Buttes Reservoir, portions of Sections I, 2, 11 and 12, T32N, R12W, N.M.P.M., and Sections 15 and22, T32N, R12W N.M.P.M., in Colorado and Section 7, T32N, R12W, N.M.P.M., and Sections 12 and 13 , T32N, R13W, N.M.P.M, in New Mexico. (Headworks located in Three Buttes Dam)

(3) Sources: Animas River, La Plata River and their tributaries.


(5) Amount: 100.0 cfs., Conditional

(6) Uses: Irrigation, domestic, industrial, stock and other beneficial uses.

n. PONDS CANAL

(1) Decree: #1751-B, March 21 , 1966; District Court, Water Division No.7.

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(2) Location: Diversion from Dry Side Canal, at a point whence the NW corner of Section 32, T34N, R13W, N.M.P.M., bears N 23° 48' W, 1,090.0 ft .

(3) Sources: Dry Side Canal and the Animas River and its tributaries and La Plata River and its tributaries, including but not limited to Hay Gulch.



(6) Uses: Irrigation, domestic, municipal, industrial, recreation, fish and wildlife, flood control, stock, and other beneficial uses.

iii. RED MESA CANAL

(1) Decree: #1751-B, March21, 1966; District Court, Water Division No.7.

(2) Location: Water from Animas Diversion Canal, at a point whence the SW comer of Section 17, T34N, Rll W, N.M.P.M., bearsS 85° 56' w, 575.0 ft.

(3) Sources: Animas River and its tributaries diverted from Animas Diversion Canal.


(5) Amount: 235.0 cfs. , Conditional

(6) Uses: Irrigation, domestic, municipal, industrial, recreation, fish and wildlife, flood control, stock, and other beneficial uses.

1v. UTE CANAL

(1) Decree: #1751-B, March 21 , 1966; #807-C, March 21, 1966; District Court, Water Division No. 7.

(2) Location: Diversion from Dry Side Canal, at a point whence the NW comer of Section 32, T34N, R13W, N.M.P.M., bears N 23° 48 ' w' 1,090.0 ft.

(3) Sources: Dry Side Canal and the Animas River and its tributaries.

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rv. Background



(6) Uses: 1rrigation, domestic, municipal, industrial, recreation, fish and wildlife, flood control, stock, and other beneficial uses.

a. The ALP Water Rights were originally decreed to Applicant in Case Nos. 1751-B and 807-C, on March 21, 1966 in Water Division No.7.

b. Applicant obtained a decree, in Case No. 80CW237, for a change of the ALP Water Rights to reflect an initial redesign of the ALP Project. The decree in Case No. 80 CW 237 included alternate points of diversion and alternate places of storage for many ofthe ALP Water Rjghts.

c. Findings of reasonable diligence for the ALP Water Rights at both the original and alternate points of diversion, as applicable, were decreed in Case Nos. W-190, W-577, 80 CW 101,84 CW 59, 88 CW 48,94 CW 51, OICW54 and 07CW55.

d. On December 21, 2000, Congress adopted the Colorado-Ute Settlement Act Amendments of2000, Title 3 ofP.L. 106-554, authori:r.ing the construction, operation and maintenance of Ridges Basin Reservoir and the Durango Pumping Plant. Construction ofthese structures was completed in 2011.

V. Request to Make Absolute 123.541 AF for Ridges Basin Reservoir now known as Lake Nighthorse and 287 cfs for Durango Pumping Plant and Ridges Basin Inlet Conduit.

a. Pumping water from the Animas River at the Durango Pumping Plant to Ridges Basin Reservoir began on April20, 2009.

1. 123, 541 AP has been stored.

u. The maximum diversion rate achieved by pumping was 287 cfs.

b. Fish were stocked in Ridges Basin Reservoir on multiple occasions.

VI. Diligence Activities During Current Diligence Period . .

In addition to the completion of construction and filling of Ridges Basin Reservoir, the Durango Pumping Plant and associated facilities, Applicant has exercised reasonable diligence, as described below, in the development of the appropriation of the ALP Water Rights.

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Applicant spent in excess of approximately $150,000.00 in the steady application of effort to protect, advance and coordinate the development of the ALP Water Rights among multiple parties including but not linllted to project beneficiaries, the Bureau of Reclamation, the State and Division Engineers, the Animas La Plata Water Conservancy District, the Lake Durango Water Authority, and the La Plata Water Conservancy District. Expenses included staff time and expenses, attorney and engineering fees and costs, lobbying fees, consultant costs, Board member travel and expenses.

The key areas in which Applicant and others have engaged in diligence activities include:

a. Participation in the federal legislative process including lobbying Congress for the fw1ding of project construction.

b. Participation in construction efforts necessary to place the ALP Water Rights to beneficial use including but not limited to:

i. Completion of the federally funded facilities including related and required activities such as testing of outlet works and implementation of the required wetlands mitigation plan.

ii. Construction of a supplemental outlet structure to deliver water to the La Plata River Basin.

c. Execution of agreements to advance funds and actions necessary for development of the ALP Water Rights including;

i. Formation of the ALP Operations, Maintenance and Replacement Association ("Association'').

ii. Discussions between the Association and Applicant regarding future ownership and operation of the ALP Water Rights.

111. Purchase by the State of Colorado of an allocation of Project water from the Animas La Plata Water Conservancy District.

tv. Application and Decree for Basin Creek storage in federal facilities.

v. Negotiation of an administrative protocol for the ALP Water Rights.

vt. Development of a recreation master plan.

vii. Assistance to the Animas-La Plata Water Conservancy District and the La Plata Water Conservancy District in the formation of the La Plata West Water Authority, which contemplates purchasing Project water to provide domestic water service to the La

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Plata River basin. vm. Assistance in the formation of the La Plata Archuleta Water District.

d. Commission of Harris Water Engineering to develop an engineering report identifying uses for the ALP Water Rights in addition to those associated with the federally authorized ALP Project.

WHEREFORE, Applicant requests that tbe ALP Water Rights be made absolute for 123,541 AF of storage in Ridges Basin Reservoir with a diversion rate of287 cfs and requests entry of a finding of reasonable diligence for any portion of the ALP Water Rights not made absolute herein.

Respectfully submitted this 29th day of August 2013.

MAYNES, BRADFORD, SHIPPS & SHEFTEL, LLP TROUT, RALEY, MONTANO, WITWER & FREEMAN P.C.

Attorneys for Objectors

By: original signatures on file in attorneys' office John Barlow Spear Adam T, Reeves Peggy E. Montano

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STATE OF COLORADO ) ) ss.

COUNTYOFLAPLATA )

Bruce T. Whitehead, Executive Director, being first duly swom upon his oath, deposes and says that be has read the foregoing Application To Make Absolute and for a Finding of Reasonable Diligence, knows the contents thereof, and that the same is true to the best of his knowledge and belief.

(> / 1L~~~~J4:L£ Bruce T, Whitehead T

Subscribed and sworn to before me on~ f' , 2013, by Bruce T. Whitehead, Executive Director.

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DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME ______________________________________________________________________________ TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of August, 2013, for each county affected. 13CW25 The Knolls at Durango Homeowners Assoc., c/o Robert D. Liscombe, President, 240 Knolls Circle, Durango, CO 81303: Knolls #1 Well; La Plata County; Florida River; Date of original decree, 5/18/99; Case no. 98CW10; Date of subsequent decree, 1/18/06; Case no. 05CW22; NW1/4SE1/4SE1/4, Section 12, T34N, R9W, NMPM being approximately 1120’ North and 840’ West of the SE corner of said Section 12; Groundwater tributary to the Florida River; Appropriation date, 1/30/98; Domestic supply for 32 – unit subdivision and up to 6 additional units; Depth, 240’; Work towards completion of project outlined in application; .06 cfs Conditional for 30 acre feet total diversion. Application for Finding of Reasonable Diligence (9 pages)

13CW26 Davin Montoya, PO Box 66, Hesperus, CO 81326: Rhiley Ditch; La Plata County; La Plata River; Northing 4135006.5, Easting 226748.1; Zone 13; SE1/4NE1/4, Section 5, T35N, R11W, NMPM; Unnamed canyon tributary to Cherry Creek – La Plata River; Date of appropriation, 4/1/1960; Appropriation was initiated by irrigation and stock water; Date applied to beneficial use, 4/1/1960; Irrigation, stockwater; Number of acres historically irrigated, 41; Proposed to be irrigated, 41; 1 cfs Absolute. Application for Absolute Water Rights (Surface) (5 pages) 13CW27 Rodney Hart, 968 E. Olympus Ridge Cove, L208, Salt Lake City, UT 84117: Hart

Pipeline & Pump Station; Archuleta County; Rio Blanco River; Date of original decree, 8/9/00; Case no. 98CW9; Date of subsequent decree, 8/3/07; Case no. 06CW58; NE1/4SE1/4, Section 31, T34N, R1W, NMPM; Northing 4112611, Easting 323693; Zone 13; 1947 feet from North, 246 feet from East; Rio Blanco tributary to San Juan River; Appropriation date, 5/1/97; Irrigation of 2.06 acres; Date water applied to beneficial use, 5/1/97; Amount, approx.. 0.5 cfs; Work towards completion of project outlined in application; 0.25 Conditional. Application to Make Absolute in Whole or in Part (7 pages)

13CW3011 (07CW55, 01CW54, 94CW51, 88CW48, 84CW59, 80CW101, W-190); LA PLATA

COUNTY, WATER DISTRICT NOs. 30 & 33: (1) Applicant: Southwestern Water Conservation District, P.O. Box 475, Durango, CO 81302; (2) Attorneys: John Barlow Spear and Adam T. Reeves, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302 and Peggy E. Montaño, Trout, Raley, Montaño, Witwer & Freeman P.C., 1120 Lincoln Street, suite 1600, Denver Colorado, 80203; (3) Type of Application: To Make Absolute and for a Finding of Reasonable Diligence; (4)

Sources: Animas River and/or La Plata River and their tributaries; (5) Appropriation Date: September 2, 1938; (6) Uses: Irrigation, domestic, municipal, industrial, recreation, stock, fish and wildlife, flood control and other beneficial uses, unless specified otherwise; (7) Original Decrees: Case #1751-B (Animas River basin) and/or Case #807-C (La Plata River basin), both entered March 21, 1966, District Court, Water Div. 7; (8) Change Decree: alternate points of diversion (“PODs”) and places of storage (“POSs”) were granted in Case No. 80CW237, District Court, Water Div. 7, entered August 9, 1984; (9)

Water Rights for which Applicant Requests a Finding of Reasonable Diligence: (A)(i) Name: Animas Diversion Canal - Teft Diversion Dam; (A)(ii) Source: Animas River and its tributaries; (A)(iii)

Location: at a point whence the NW corner of Section 1, T38N, R9W, N.M.P.M., bears N 79° 45' W,

DATE FILED: September 11, 2013 CASE NUMBER: 2013CW3011

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11,150.0 ft.; (A)(iv) Amount: 600 c.f.s.; (A)(v) Alternate POD: Durango Pumping Plant and Ridges

Basin Inlet Conduit: from the SE corner of Section 32, T35N, R9W, bear N 49° 00' W, 4,200 ft.; means of diversion: pump and pipeline from the Durango Pumping Plant; location: from the Durango Pumping Plant bear SSW 2,000 ft., West 1,600 ft., WSW 1,100 ft., SSW 1,300 ft., thence WSW 4,600 ft. to the point of inlet into Ridges Basin Reservoir a/k/a Lake Nighthorse (B)(i) Name: Hay Gulch Via ALP

Project Works a/k/a Dry Side Canal; (B)(ii) Source: Animas and La Plata Rivers and their tributaries, including, but not limited to, Hay Gulch; (B)(iii) Location: at a point whence the NE corner of Section 3U, T34N, R12W, N.M.P.M., bears N 79° 12' E, 3,150.0 ft.; (B)(iv) Amount: 625.0 c.f.s.; (C)(i) Name: Falls Creek Diversion Dam and Canal; (C)(ii) Source: Falls Creek, a tributary of the Animas River; (C)(iii) Location: at a point whence the SW corner of Section 21, T36N, R9W, N.M.P.M., bears S 45° 50' W, 1,050.0 ft.; (C)(iv) Amount: 60.0 c.f.s.; (C)(v) Alternate POD: Durango Pumping Plant And

Ridges Basin Inlet Conduit (see (9)(A)(v)); (D)(i) Name: Junction Creek Diversion Dam and Pipeline; (D)(ii) Source: Junction Creek, and the Animas River and its tributaries; (D)(iii) Location: at a point whence the SW corner of Section 31, T36N, R9W, N.M.P.M., bears N 51° 15' E, 2,200.0 ft.; (D)(iv) Amount: 100.0 c.f.s.; (D)(v) Alternate POD: Durango Pumping Plant and Ridges Basin Inlet Conduit (see (9)(A)(v)); (E)(i) Name: La Plata Diversion Dam and Canal; (E)(ii) Source: La Plata River and its tributaries; (E)(iii) Location: at a point whence the SE corner of Section 7U, T34N, R11W, N.M.P.M., bears S 16° 04' E, 2,150.0 ft.; (E)(iv) Amount: 400.0 c.f.s.; (E)(v) Alternate POD: from the SW Corner of Section 13, T34N, R12W, bear N 88° 00' E, 6,100 ft.; the point of beginning is at the Ridges Basin Pumping Plant Outlet from the NE corner of Section 4, T34N, R10W, bear S 27° W 2,200 ft.; (F)(i) Name: Long Hollow Diversion Dam and Canal; (F)(ii) Sources: Animas River, La Plata River and their tributaries and ALP return flows; (F)(iii) Location: a point whence the NE corner of Section 3, T32N, R13W, N.M.P.M., bears N 02° 00' E, 1,580.0 ft.; (F)(iv) Amount: 175.0 c.f.s.; (F)(v) Alternate POD: Southern Ute Diversion Dam and Inlet Canal, from the SW corner of Section 3, T32N, R13W, bear N 21º 00' E for a distance of 12,400 ft.; (G)(i) Name: Meadows Diversion Canal; (G)(ii) Sources: Animas River, La Plata River and their tributaries and ALP return flows; (G)(iii) Location: a point whence the NE corner of Section 3, T32N, R13W, N.M.P.M., bears N 02° 00' E, 1,580.0 ft., (G)(iv) Amount: 165.0 c.f.s.; (G)(v) Alternate POD: Southern Ute Diversion Dam and Inlet Canal (see (9)(F)(v)); (H)(i) Name: Animas Mountain Reservoir; (H)(ii) Sources: Falls Creek, Junction Creek, Animas River and its tributaries; (H)(iii) Location: in portions of Sections 28, 29, 32 and 33, T36N, R9W, N.M.P.M., and Sections 4 and 5, T35N, R9W, N.M.P.M.; initial point of survey of the high water line of the Reservoir is located at a point from whence the NW corner of Section 4, T35N, R9W, N.M.P.M., bears N 29° 28’ W, a distance of 2,230.0 ft.; the axis of Dam No. 1 extends N 9° 17’ E, from a point on the right abutment at Station 0+00 from whence the NW corner of Section 4, T35N, R9W, N.M.P.M., bears N 30° 58’ W, a distance of 2,430.0 ft.; the axis of Dam No. 2 extends S 6° 00’ E, from a point on the right abutment at Station 0+00 from whence the NE corner of Section 5, T34N, R9W, N.M.P.M., bears N 72° 57’ E, a distance of 3,690.0 ft.; (H)(iv) Amount: initial storage 17,640 AF; annual storage 14,640 AF; and 14,640 AF refill from all three sources if capacity and water available; (H)(v) Alternate POS: Ridges Basin

Reservoir: located in portions of Section 6 and 7, T34N, R9W, N.M.P.M., and Sections 1, 2, 3, 4, 9, 10, 11, 12, 2U and 3U, T34N, R10W, N.M.P.M., and Section 36, T35N, R10W, N.M.P.M.; capacity 280,040 AF; source and means of diversion by pump from the Animas River via the Durango Pumping Plant And

Ridges Basin Inlet Conduit (see (9)(A)(v)); inlet from the NE corner of Section 1, T34N, R10W, N.M.P.M., bear N 80° 00’ W, 1,600 ft.; the South abutment of the dam is located 2,100 ft. from the SW corner of Section 7, T34N, R9W, N.M.P.M., on an angle of 64° E of N; the dam extends 1,600 ft. across the streambed bearing 7° 10’ E of N along the dam axis; location of the center line of the dam further described as being in the SW1/4 NE1/4 SW1/4 of Section 7, T34N, R9W, N.M.P.M., 1,780 ft. from the S section line and 1,725 ft. from the W section line of said Section 7; (I)(i) Name: Hay Gulch Reservoir; (I)(ii) Sources: La Plata River and its tributaries, including but not limited to Hay Gulch, a tributary of the La Plata River, and Animas River and its tributaries for Alternate POS; (I)(iii) Location: in portions of Sections 6 and 7, T34N, R11W, N.M.P.M.; Sections 1, 2, 3, 11 and 12, T34N, R12W, N.M.P.M.; Section 31, T35N, R11W, N.M.P.M.; Sections 35 and 36, T35N, R12W, N.M.P.M.; initial point of survey

of the high water line of the Reservoir is located at a point whence the South Quarter corner of Section 12, T34N, R12W, N.M.P.M, bears S 80° 31’ E, a distance of 1,200.0 ft.; the axis of Hay Gulch Dam is described as follows: from Station 10+00, a point on the axis of the dam, the South Quarter corner of Section 12, T34N, R12W, N.M.P.M., bears S 86° 58’ E, a distance of 3,970.0 ft. and, from said Station 10+00, the axis of the dam bears S 89° 15’ E; (I)(iv) Amount: 56,330 AF; (I)(v) Alternate POSs: (a) Ridges Basin Reservoir (see (9)(H)(v)) and (b) Southern Ute Reservoir and Dam: located in portions of Sections 1, 2, 11 and 12 of T32N, R13W, N.M.P.M., and Sections 10, 15 and 22, in T32N, R12W, N.M.P.M., all in Colorado; and in Sections 12 and 13, T32N, R13W, N.M.P.M., and in Section 7, T32N, R12W, N.M.P.M., all in New Mexico; inlet location from the SW corner of Section 2, T32N, R13W, bears N 88° 00’ E 3,700 ft; the West abutment of the dam is located 550 ft. from the SE corner of Section 12, T32N, R13W, N.M.P.M. on an angle of 7l° W of N; the dam axis extends 700 ft. bearing 65° E of S to a point, then 2,300 ft. bearing 72° E of N to the East abutment; capacity: 70,000 AF; (I)(vi) Conditions: initial storage 56,330 AF from the Animas River; annual storage of 53,730 AF from the Animas River and 46,740 AF from the Animas River for refill, if said reservoir capacity and water are available; further, 56,330 AF initial storage from Hay Gulch and the La Plata River, with annual storage; 53,730 AF and refill 46,730 AF, conditional, from Hay Gulch and the La Plata River if capacity and water are available; with the provision that Hay Gulch Reservoir is a re-regulation reservoir and that such re-regulation shall not be charged against the storage rights appropriated herein; (J)(i) Name: Howardsville Reservoir; (J)(ii) Source: Animas River and its tributaries; (J)(iii) Location: about 2 Miles upstream from the town of Silverton in an unsurveyed area; probable projections would place the reservoir in Sections 29, 30, and 31, T42N, R6W; Section 36, T42N, R7W; Section 6, T41N, R6W; Sections 1, 11, 12, T41N, R7W, all N.M.P.M; initial point of survey of high water line located at a point whence U.S. Mineral Monument Uncle Sam bears S 84° 15’ W, 26,300 ft.; axis of dam extends S l5° 08’ E, from point on right abutment at Station 0+00, whence U.S. Mineral Monument Uncle Sam, bears N 56° 01’ W, 16,400.0 ft.; (J)(iv) Amount: 93,700 AF; (J)(v) Alternate POS: Ridges Basin Reservoir (see (9)(H)(v)); (J)(vi) Conditions: initial storage 93,700 AF, annual storage 90,700 AF, and 90,700 AF to refill, if capacity and water are available; (K)(i) Name: Meadows Reservoir; (K)(ii) Sources: Animas River, La Plata River and their tributaries and ALP return flows; (K)(iii) Location: portions of Sections 25, 26, 27, 34 and 36, T31N, R14W, N.M.P.M., in New Mexico; the initial point of survey of the high water line of the reservoir is located at a point whence the Southwest corner of Section 26, T31N, R14W, N.M.P.M. bears S 25° 18’ W, 1,300.0 ft; the axis extends S 45° 50’ W from a point on the right abutment at Station 0+00 whence the Southwest corner of Section 26, T31N, R14W, N.M.P.M. bears S 34° 32’ W, 2,130.0 ft.; (K)(iv) Amount: 17,450 AF, initial storage, from the Animas River, annual storage - 13,750 AF, from the Animas River, and 13,750 AF from the Animas River to refill; additionally, 13,750 AF from the La Plata River whenever capacity is available for refilling and water is available in the La Plata River for refilling; (K)(v) Alternate POS: Southern Ute Reservoir and Dam (see (9)(I)(v)(b)); (L)(i) Name: Three Buttes

Reservoir; (L)(ii) Sources: Animas River, La Plata River and their tributaries and ALP return flows; (L)(iii) Location: portions of Sections 1, 2, 11 and 12, T32N, R12W, N.M.P.M., and Sections 10, 15 and 22, T32N, R12W, N.M.P.M., in Colorado; and Section 7, T32N, R12W, N.M.P.M., and Sections 12 and 13, T32N, R13W, N.M.P.M., in New Mexico; the initial point of survey of the high water line of the Reservoir is located at a point from which the SW corner of Section 7, T32N, R12W, N.M.P.M., in New Mexico bears S 59° 00’ W, 2,405.0 ft.; the axis of the dam beginning at Station 0+00 whence the SW corner of Section 7, T32N, R12W, N.M.P.M., in New Mexico bears S 56° 00’ W, 2,445.0 ft.; thence S 10° 00’ E 400 ft. along the axis; then N 53° 00’ W 720 ft. to axis Station 31+00; (L)(iv) Amount: 38,400 AF; Initial Storage – 38,400 AF from the Animas River, Annual Storage – 38,400 AF from the Animas River and 38,400 AF from the La Plata River; (L)(v) Alternate POS: Southern Ute Reservoir and Dam

(see (9)(I)(v)(b)); (10) Other Project Features: (A)(i) Name: McDermott Canal; (A)(ii) Sources: Animas River, La Plata River and their tributaries; (A)(iii): Location: water from Three Buttes

Reservoir, portions of Sections 1, 2, 11 and 12, T32N, R12W, N.M.P.M., and Sections 15 and 22, T32N, R12W N.M.P.M., in Colorado and Section 7, T32N, R12W, N.M.P.M., and Sections 12 and 13, T32N, R13W, N.M.P.M, in New Mexico (Headworks located in Three Buttes Dam); (A)(iv) Amount: 100.0

cfs.; (A)(v) Uses: irrigation, domestic, industrial, stock and other beneficial uses; (B)(i) Name: Ponds

Canal; (B)(ii) Sources: Dry Side Canal and the Animas River and its tributaries and La Plata River and its tributaries, including but not limited to Hay Gulch; (B)(iii) Location: diversion from Dry Side Canal, at a point whence the NW corner of Section 32, T34N, R13W, N.M.P.M., bears N 23° 48’ W, 1,090.0 ft.; (B)(iv) Amount: 175.0 cfs; (C)(i) Name: Red Mesa Canal; (C)(ii) Sources: Animas River and its tributaries diverted from Animas Diversion Canal; (C)(iii) Location: water from Animas Diversion Canal, at a point whence the SW corner of Section 17, T34N, R11W, N.M.P.M., bears S 85° 56’ W, 575.0 ft.; (C)(iv) Amount: 235.0 cfs; (D)(i) Name: Ute Canal; (D)(ii) Sources: Dry Side Canal and the Animas River and its tributaries; (D)(iii) Location: diversion from Dry Side Canal, at a point whence the NW corner of Section 32, T34N, R13W, N.M.P.M., bears N 23° 48’ W, 1,090.0 ft.; (D)(iv) Amount: 195.0 cfs; (11) Water Rights for which Applicant’s Request is to Make Absolute: (A)(i) Name: Ridges Basin Reservoir (see (9)(H)(v)); (A)(ii) Amount: 123,541 AF; (A)(iii) Remarks: 123,541 AF has been stored and fish were stocked on multiple occasions; (B)(i): Durango Pumping Plant and Ridges

Basin Inlet Conduit (see (9)(A)(v)); (B)(ii) Amount: 287 cfs; (B)(iii) Remarks: Pumping water from the Animas River at the Durango Pumping Plant to Ridges Basin Reservoir began on April 20, 2009; the maximum diversion rate achieved by pumping was 287 cfs; (12) Diligence Activities During Current Diligence Period: in addition to the completion of construction and filling of Ridges Basin Reservoir, the Durango Pumping Plant and associated facilities, (A) Applicant has spent in excess of approximately $150,000.00 in the steady application of effort to protect, advance and coordinate the development of the above-described water rights among multiple parties including but not limited to A-LP Project beneficiaries, the Bureau of Reclamation, the State and Division Engineers, the Animas La Plata Water Conservancy District, the Lake Durango Water Authority, and the La Plata Water Conservancy District; expenses included staff time and expenses, attorney and engineering fees and costs, lobbying fees, consultant costs, Board member travel and expenses; (B) the key areas in which Applicant and others have engaged in diligence activities include (B)(i) participation in the federal legislative process including lobbying Congress for the funding of project construction (B)(ii) participation in construction efforts necessary to place the ALP Water Rights to beneficial use including but not limited to (a) completion of the federally funded facilities including related and required activities such as testing of outlet works and implementation of the required wetlands mitigation plan, (b) construction of a supplemental outlet structure to deliver water to the La Plata River Basin; (B)(iii) execution of agreements to advance funds and actions necessary for development of the ALP Water Rights including (a) formation of the ALP Operations, Maintenance and Replacement Association (“Association”), (b) discussions between the Association and Applicant regarding future ownership and operation of the ALP Water Rights, (c) purchase by the State of Colorado of an allocation of Project water from the Animas La Plata Water Conservancy District, (d) application and decree for Basin Creek storage in federal facilities, (e) negotiation of an administrative protocol for the ALP Water Rights, (f) development of a recreation master plan, (g) assistance to the Animas-La Plata Water Conservancy District and the La Plata Water Conservancy District in the formation of the La Plata West Water Authority, which contemplates purchasing Project water to provide domestic water service to the La Plata River basin, and assistance in the formation of the La Plata Archuleta Water District; (B)(iv) Commission of Harris Water Engineering to develop an engineering report identifying uses for the ALP Water Rights in addition to those associated with the federally authorized ALP Project. (16 pages) 13CW3012 (2005CW60) CONCERNING THE APPLICATION FOR WATER RIGHTS OF SOUTHERN UTE INDIAN TRIBE Attn: Charles Lawler, Water Resources Division Head, Department of Natural Resources, P. O. Box 737, Ignacio, CO 81137 (Attorneys: M. Catherine Condon, McElroy, Meyer, Walker & Condon, P.C., 1007 Pearl Street, Suite 220, Boulder, Colorado 80302), IN LA PLATA COUNTY. 2. Name of Structure and Description of Original Right from Original Decree: 2.1 Tyner East Side Ditch. 2.2 Date of Original Decree: August 21, 2007, Decree No. 05CW60, District Court, Water Division No. 7. 2.3 Legal Description: In the NW¼, SW¼, SW¼, Section 17U, T34N, R8W, N.M.P.M., being 994 feet from the South section line and 230 feet from the West section line of said

Section 17U. Formerly described in Case No. 1751 to be at a point whence the Northwest corner of the SW¼ of the NW¼ of Section 17U, Township 34 North, Range 8 West bears North 3º 27' West 3,000.5 feet. The First Enlargement of the Ditch in Case No. 1751-B was described as a point whence the Northwest Corner of the SW¼ of the NW¼ of Section 17U, Township 34 North, Range 8 West, N.M.P.M. bears North 3º 45' West 3,025 feet. 2.4 Source: Florida River, tributary to the Animas River. 2.5 Appropriation Date: October 31, 2005. 2.6 Amount: 0.55 c.f.s. 2.7 Use: Irrigation of 44.9 acres. 3. Name of Structure and Description of Original Right from Original Decree: 3.1 Tyner West Side Ditch. 3.2 Date of Original Decree: August 21, 2007, Decree No. 05CW60, District Court, Water Division No. 7. 3.3 Legal Description: In the NW¼, SW¼, NW¼, Section 17U, T34N, R8W, N.M.P.M., being 1930 feet from the North section line and 356 feet from the West section line of said Section 17U. Formerly described in Case No. 1751 to be at a point whence the Northwest corner of the SE¼ of the NW¼ of Section 17U, Township 34 North, Range 8 West, N.M.P.M. bears North 23º46' West 694.6 feet. The First Enlargement of the Ditch in Case No. 1751-B was described as a point whence the Northwest Corner of the SW¼ of the NW¼ of Section 17U, Township 34 North, Range 8 West, N.M.P.M. bears North 24º00' West 697 feet. 3.4 Source: Florida River, tributary to the Animas River. 3.5 Appropriation Date: October 31, 2005. 3.6 Amount: 0.45 c.f.s., conditional 3.7 Use: Irrigation of 36.1 acres. 4. Outline of Work Performed or Actions Taken Toward Completion of the Appropriation and Application of the Water to Beneficial Use as Conditionally Decreed: 4.1 Florida Project water: On January 24, 2011, the Tribe entered into a contract with the District and Reclamation ending a very long period of discussions and negotiations regarding the Tribe’s use of the Florida Project water which water has been diverted in the Tyner East Side Ditch and the Tyner West Side Ditch. 4.2 Ditch Agreements: 4.2.1 The Tribe has entered into Ditch Agreements with all of the landowners with rights in the Tyner East Side Ditch and the Tyner West Side Ditch. 4.2.2. As part of one of the Ditch Agreements, the Tribe agreed to rehabilitate the headworks and install a measurement flume in the Tyner West Side Ditch. The Tribe is working toward completing this work within the next several months. 4.2.3 In exchange for obtaining the right to utilize the two Tyner Ditches, the Tribe has taken the appropriate steps to secure rights-of-way for both ditches where the two Tyner Ditches cross tribal trust lands. These steps included conducting a survey of all of the properties which are crossed by the two Tyner Ditches and preparation of a draft Environmental Assessment. 4.3 River Valley Estates Development: 4.3.1 The Tribe calculated and offered to pay the fair market value for an easement for the two Tyner Ditches across the River Valley Estates Development (“RVED”). The Tribe also approached the individuals who purchased lots from RVED and offered to pay the fair market value for an easement across their lots which are crossed by the Tyner West Side Ditch. RVED rejected the Tribe’s proposal. Some of the individual landowners accepted the Tribe’s proposal while others rejected the proposal. Neither RVED nor any of the individual landowners owning lots within RVED have water rights in either of the two Tyner Ditches. 4.3.2 The Tribe is currently in the process of hiring an appraiser to assess the fair market value for easements to carry the Tribe’s water in the Tyner East Side Ditch and the Tyner West Side Ditch over RVED’s and/or the individual landowners’ property. 4.4 During the diligence period, the Tribe spent substantial amounts of money and devoted hundreds of man hours to take all the necessary steps to ensure its use of the Tyner East Side Ditch and the Tyner West Side Ditch to convey the Tribe’s water rights to the lands it seeks to irrigate. As part of this effort, the Tribe retained attorneys and engineering consultants to assist. The Tribe incurred the following expenses during the diligence period: 4.4.1 The Tribe has expended in excess of $50,000 in legal fees perfecting the Tribe’s water rights. 4.4.2 The Tribe has worked with the Natural Resources Conservation Service in developing construction cost estimates for the rehabilitation of the Tyner West Side headworks. 4.4.3 The Tribe has expended in excess of $800 on work toward completing an appraisal for determining the fair market value of the easements. 4.4.4 The Tribe has expended in excess of $27,180 in complying with the environmental requirements, surveying both ditches, and obtaining cost estimates ($16,780 to survey the two ditches; $6,400 in staff time for managing the various related project components; $4,000 to draft an Environmental Assessment). 4.4.5 The Tribe has expended in excess of $10,470 on work to maintain and utilize both ditches ($1,820 in equipment time; $450 on fuel; $8,200 in staff time). 4.5 The work performed and the actions taken by the Tribe during the

diligence period have enabled the Tribe to develop the conditional appropriative rights decreed in Case No. 05CW60. Indeed, the Tribe began diverting 0.38 c.f.s. through the Tyner East Side Ditch to irrigate 31.12 acres on May 20, 2006, and began diverting 0.33 c.f.s. through the Tyner West Side Ditch to irrigate 26.35 acres on May 20, 2007. 5. Water Applied to Beneficial Use and Made Absolute: The Tribe seeks to have decreed absolute the following amount: 5.1 Tyner East Side Ditch: 5.1.1 Date water applied to beneficial use: May 20, 2006. See diversion records attached as Exhibit 1 to Application. 5.1.2 Amount: 0.38 c.f.s. 5.1.3 Use: Irrigation of 31.12 acres. 5.1.4 See map indicating the location of the area irrigated attached as Exhibit 2 to Application. 5.1.5 UTM Coordinates: Northing 255942.1; Easting 4119103; Zone 13 North. Source: CDSS MapViewer. 5.1.6 See USGS topographic map indicating the location of the Tyner East Side headworks attached as Exhibit 3 to Application. 5.2 Tyner West Side Ditch. 5.2.1 Date water applied to beneficial use: May 20, 2007. See diversion records attached as Exhibit 4 to Application. 5.2.2 Amount: 0.33 c.f.s. 5.2.3 Use: Irrigation of 26.35 acres. 5.2.4 See map indicating the location of the area irrigated attached as Exhibit 2 to Application. 5.2.5 UTM Coordinates: Northing 256007.1; Easting 4119829; Zone 13 North. Source: CDSS MapViewer. 5.2.6 See USGS topographic map indicating the location of the Tyner West Side headworks attached as Exhibit 3 to Application. 6. Names and addresses of owners of land upon which the headworks are located: 6.1 Tyner East Side Ditch: LSC Southwest Colorado LLC, 1111 Main Street, Suite 2800, Kansas City, MO 64105. 6.2 Tyner West Side Ditch: Jeff and Kimberly Piira 27232 NE 150th St., Duvall, WA 98019. 7. Date of Filing of the Application: This Application for Finding of Reasonable Diligence and To Make Absolute in Whole or in Part has been filed on or before August 31, 2013, in accordance with the Court’s Notice concerning conditional water rights dated June 3, 2013. (22 pages) THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of October, 2013, 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. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $158.00; Forms are available through the Office of the Water Clerk or on the Judicial site at www.courts.state.co.us; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)

Published: before September 30, 2013 Original Signature on file Danene M. Etz, Water Court Specialist

http://www.courts.state.co.us/

district court, water division 7, coloradosjwc.org/alp/swcd_support_document/2013aug29 application...

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