DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME

Transcription

1 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 , 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 April, 2017, for each county affected. 17CW1 Kathleen McCormick, PO Box 794, Durango, CO 81302; Amber J. Hargraves, 4812 N. Baltimore St., Tacoma, WA 98407; Coe B. Hargraves, 275 E 32 nd St., Durango, CO 81301: Animas River; La Plata County; McCormick Pump; Date of original decree, 11/30/07; Case no., 06CW127; SW1/4SW1/4, Section 29, T35N, R9W, NMPM; 1250 feet from South, 720 feet from West; Animas River; Appropriation date, 2/22/06; Depletion amounts range from 20 to 40 cfs; Year round depletions associated with beneficial uses of water diverted from the Animas River and its tributaries in the Animas Service Area from non-exempt wells and surface diversions for irrigation, supplemental irrigation, wetlands and wetlands irrigation, domestic and municipal use, pond, reservoir, water feature and other evaporation, industrial and manufacturing use, power, geothermal, commercial use, gravel and other mining, stock and wildlife watering, firefighting, recreation, snow and ice making, piscatorial, recharge, augmentation, and exchange; Date water applied to beneficial use, 7/11/12; Amount, Diversion rate, 0.10 cfs, Depletion amounts, Irrigation, Apr cfs, Apr cfs, May cfs, June cfs, June cfs, July cfs, July cfs, Aug cfs, Sep cfs, Oct cfs; Irrigation of 4.5 acres; NE1/4NE1/4, Section 4, T35N, R9W, NMPM; 464 feet from North, 25 feet from East; Work towards completion of project outlined in application. Application to Make Absolute in Whole or in Part (9 pages) 17CW3011 CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: Donald H. Hutchins and Nicole I. Hutchins In the Florida River or its Tributaries, IN LA PLATA COUNTY; Application to Make Absolute. Applicant Donald H. Hutchins and Nicole I. Hutchins, 9669 Florida Road, Durango, C) 81301, by their attorney: Nancy Agro, 700 Main Avenue, Suite K, Durango, CO 81301, (970) ; agro@mydurango.net. Name of structure: Betty Lou Well Original Decree: 2010 CW49; Legal description: NE/4 of the SE/4 Section 30, Township 36 North, Range 7 West, NMPM, 2618 feet from the south section line, 1013 feet from the east section line, also described as E, N, UTM Zone 13; Source: Groundwater tributary to the Florida River; Amount:15 gpm (0.034 cfs); Use: In-house commercial use; Applicant applied for well permit number F, and constructed the well. The well has also been put to beneficial use. The expenditures include $9,000 to drill the well, $2,000 for pump installation, and $5,000 for water purification. Attached as Exhibit A is a photo of the installed and operational water meter; Date water applied to beneficial use: March 24, 2017; Amount: 15 gpm; Use: Commercial use in the Helens Country Liquor Store (5 pages) 17CW3012 CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: Newell Wright and Betty Church. Application for Finding of Reasonable Diligence. Address of Applicants: 414 Backcountry Drive, Pagosa Springs, CO 81147, c/o Nancy Agro, Attorney at Law, 700 Main Avenue, Suite K, Durango, Co 81301, (970) , agro@mydurango.net; Name of structure: Helen s Ranch Well Type: well; Date of Original Decree: March 29, 2011 Case No CW41 Court: Division 7, Legal description: Up to two production wells located on Tract 1, C.R. 240, Durango, Colorado. ( the Property ) There is an existing well located in SE/4 NE/4 Section 30, T36N, R7W, NMPM, 2950 feet from the south section line, and 100 feet from the east section line; Source of water: Groundwater tributary to the Florida River; Appropriation Date: June 21, 1995; Amount: 9 gpm (0.02 cfs) of which 2.5

2 c.f.s. is already decreed as absolute; (1) in-house use up to 2 residences; 2) irrigation of up to 15,150 square feet of lawn and garden 3) water for up to 4 stock animals; 4) storage in 2,500 square feet of pond; 5) fire protection; 6) piscatorial; 7) recreationand 8) aesthetics as incidential uses. Applicants expended $1, to Dak Drilling to upgrade the well; $ for Pump supplies; Surveying $1,219, and Harris Water Enginering $370. Applicants have installed the pump in the river, and have commenced irrigation around a newly reconstructed shed. (4 pages) 17CW3013 MINERAL AND ARCHULETA COUNTIES, WATER DIVISION 7: 1) Applicant: DFM East Fork LLC, DTM East Fork LLC, TEM East Fork LLC, KMS East Fork LLC, c/o Tom McCarthy, 575 Anton Boulevard, Suite 350, Costa Mesa, California 92626; 2) Attorneys: Adam T. Reeves and Jeffrey M. Kane, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Type of Application: To Make Absolute; 4) Structure: Borrow Pond, decreed in Case 86CW57 (93CW46; 01CW08, 08CW77) for 25.0 AF Conditional; 5) Basin: East Fork of San Juan River; 6) Location: Center of the Pond located NW¼NW¼ of Section 34, T37N, R2E, N.M.P.M., at a point whence the NW corner of Section 34 bears North 37º West a distance of 1,070 feet.; 7) Use: Aesthetic, recreation, fish and wildlife propagation and natural evaporation losses; 8) Well Permit #: 3125-F; 9) Remarks: Borrow Pond is an off-channel reservoir with no dam and no inlet or outlet structure. The capacity of the Pond is 25 acre-feet and its surface area is 3 acres. The Pond is hydrologically connected to the alluvial aquifer of the East Fork of the San Juan River, which is its only source of water, except for a minor interception of surface runoff and rainfall. The only consumptive use associated with the Pond is natural evaporation losses, which are replaced pursuant to an augmentation plan decreed in Case No. 86CW57; 10) Steps to perfect appropriation during diligence period: Applicants filled Borrow Pond to its capacity. (4 pages) 17CW3014 Pagosa Area Water and Sanitation District, Drawer 4610, Pagosa Springs, CO 81157, (970) , through counsel Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Lakewood, CO 80215, (303) , APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR DECREED CONDITIONAL WATER RIGHT in ARCHULETA COUNTY. 2. Name of Structure: San Juan River Intake. 3. Description of the conditional water rights: (a) Original Decree: November 14, 1984, Case No. 1983CW145, District Court, Water Division No. 7, Findings and Ruling of the Referee and Decree of the Water Court in the Matter of the Application for Water Rights of the Pagosa Area Water and Sanitation District; (b) Most Recent Decree Granting Continued Diligence and Partial Perfection: April 29, 2011, Case No. 2008CW62, District Court, Water Division No. 7, Findings of Fact, Ruling of the Referee, Conclusions of Law, Judgment and Decree of the Water Court in the Matter of the Application for Water Rights of the Pagosa Area Water and Sanitation District, made absolute 1.52 cfs and granted continued diligence for the remaining cfs; (c) Location of Alternate Points of Diversion: (1) near the west bank of the San Juan River, at a point bearing North 65º East, feet from the southwest corner of Section 36, Township 35 North, Range 2 West, N.M.P.M. in the County of Archuleta, State of Colorado, and (2) near the east bank of the San Juan River, at a point bearing North 89º East, feet from the southwest corner of Section 36, Township 35 North, Range 2 West, N.M.P.M. in the County of Archuleta, State of Colorado; (d) Source: San Juan River and its tributaries; (3) Appropriation Date: December 19, 1983; (f) Amount: cfs, CONDITIONAL; (g) Uses: direct flow or storage for all municipal, commercial, industrial, domestic, irrigation, recreation, piscatorial, wildlife propagation, and all other municipal uses; 4. Outline of work done and funds expended by Applicant during the relevant diligence period toward completion of the appropriation: the following work related to the PAWSD integrated municipal water system during the diligence period (August 29, 2008 through April 30, 2017 was done, all or in part, toward perfection of Applicant s ownership interest in the water rights and in the further development of the specific structures integral to the San Juan River Intake water right originally decreed in Case No. 83CW145; (a) during the diligence period, PAWSD invested in capital projects and performed substantial work in the development and improvement of its integrated municipal water

3 system, including the San Juan River Intake. Specific projects and expenses are listed as follows: Raw Water Ditch System Maintenance and Monitoring: $30,200; Water System Master Planning: $263,003; Water Conservation Program: $230,901; San Juan Pipeline and Pumps Maintenance and Improvements: $164,179; Lake Forest to San Juan Water Treatment Plant Facilities and Magnetic Ion Exchange Pretreatment System for the San Juan Water Treatment Plant: $4,601,207; Dry Gulch Project: $330,980; Helium Leak Detection and Meter Upgrades in District s distribution system: $819,745; Cloud Seeding: $2,400, for a total of $6,442,615; (b) during the diligence period, PAWSD expended approximately $58,000 in legal fees and costs for defending and maintaining the District s water rights that divert at the San Juan River Intake location in water court adjudications initiated by PAWSD and others, to facilitate agreements for use of the water diverted, and related activities. (4 pages) 17CW3015 La Plata County, Water District No. 33: 1) Applicant: GCC Energy, LLC, c/o Chris Dorenkamp, Mine Manager, 6473 County Road 120, Hesperus, CO 81326; 2) Attorney: Geoffrey M. Craig, The Craig Law Firm P.C., 813 Main Ave., Suite 206, Durango, CO 81301; 3) Name of Structures: GCC Well Field, GCC Reservoir, Huntington Hay Gulch Reservoir, and GCC Hay Gulch Ditch Diversion; 4) Type of Application: Application to Make Absolute and for a Finding of Reasonable Diligence; 5) Drainage Basin: La Plata River Basin; 6) Locations: Well Field: SW¼ of Section 36, T35N, R12W, NMPM; Reservoirs: SE1/4NE1/4 of Section 31, T35N, R11W, NMPM; Ditch: whence the quarter corner on the north line of said Section 23, T35N, R11W, NMPM, bears South 35 55' East a distance of ft.; 7) Decreed Uses: Well Field and Reservoirs: industrial, commercial, domestic, and augmentation; GCC Hay Gulch Ditch Diversion: filling Huntington Hay Gulch Reservoir; 8) Quantities: GCC Well Field: 30 gpm, conditional; GCC Reservoir: 20 acre-feet, conditional; Huntington Hay Gulch Reservoir: 50 acre-feet conditional, and one refill; GCC Hay Gulch Ditch Diversion: 1.7 cfs conditional; 9) Appropriation Dates: GCC Well Field and GCC Reservoir: December 31, 2007; Huntington Hay Gulch Reservoir and GCC Hay Gulch Ditch Diversion: September 30, 2015; 10) Summary of Activities to Develop Conditional Water Rights: Applicant has constructed the Huntington Hay Gulch Reservoir, water delivery facilities, return flow facilities, and a water treatment facility for domestic use. Applicant has diverted 1.7 c.f.s. of water in priority from the La Plata River under the GCC Reservoir and GCC Hay Gulch Ditch Diversion water rights, and has stored 27 acre-feet in the Huntington Hay Gulch Reservoir for industrial, commercial, domestic and augmentation uses. 20 acre-feet was stored under the GCC Reservoir water right and 7 acre-feet was stored under the Huntington Hay Gulch Reservoir water right. Applicants attorney and engineers have provided services related to its water rights and development. Applicant has spent about 1.3 Million on water development during the diligence period; 11) Landowners: Huntington Ranches, LLC, a Colorado Partnership, c/o Dan Huntington, 8796 CR 120, Hesperus, CO 81326; 12) Additional Information: Applicant requests that the Court enter a decree making GCC Hay Gulch Ditch Diversion, GCC Reservoir, and Huntington Hay Gulch Reservoir water rights absolute in the amounts and for the uses described above; and that any conditional rights which have not yet been fully developed and used, including the GCC Well Field, and the remaining conditional amount for the Huntington Hay Gulch Reservoir, be retained for an additional six year due diligence period. See application for more details. (8 pages) 17CW3016 LA PLATA COUNTY, WATER DISTRICT NO. 29: 1) Applicant: Southern Ute Indian Tribe, Attn: Lena Atencio, Director, Department of Natural Resources, P.O. Box 737, Ignacio CO (970) ) Attorneys: Adam T. Reeves and Jeffrey M. Kane, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO ) Structure: Cat Creek Reservoir. a. Legal description: SWE1/4NE1/4 Section 5, T32N, R3W, N.M.P.M.; 2,100 feet South of the North section line and 2,300 feet West of the East section line. b. Source: Cat Creek, tributary to the San Juan River and the San Juan River. i. Date of initiation of appropriation: January 13, ii. Amount: 1,170 AF of first fill and two re-fills. c. Uses: Municipal, domestic, commercial, industrial, fire fighting, wetlands irrigation, augmentation, exchange, road maintenance, recreation, piscatorial and other beneficial uses. d. Reservoir data: Maximum height of dam: 50 feet; Length of dam: 775 feet;

4 Surface area: 83 acres; Total capacity of reservoir: 1,170 AF; Active capacity: 1,000 AF. 4. Owners of land on which structures for the water right are located: Gomez Family Property LLC, 432 Parkland Dr., Aztec, NM (5 pages) 17CW3017 LA PLATA / MONTEZUMA / ARCHULETA / DOLORES COUNTY, WATER DISTRICT NO. 33: 1) Applicants: La Plata Water Conservancy District ( District ), PO Box 71, Marvel, CO (970) and Red Mesa Ward Reservoir and Ditch Company, c/o Trent J. Taylor, Vice President, 290 County Road 102, Hesperus, Colorado 81326; 2) Attorneys: Adam T. Reeves and Jeffrey M. Kane, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Type of Application: For a Finding of Reasonable Diligence; 4) Name of Structure or Plan: Red Mesa Ward Reservoir; a. Decrees: Original Case No.: 807 C (June 23, 1915/March 21, 1966); Refill Case Nos.: 01CW110 (Feb. 12, 2004, amended) and 09CW66 (April 6, 2011), all in District Court, Water Division 7; b. Appropriation Date: April 30, 1905 (Original uses); December 31, 2000 (Refill uses); c. Legal descriptions: The dam across Hay Gulch is located on portions of each quarter of Section 22 and the N1/2 NW1/4, Section 27, all in T34N, R12W, N.M.P.M.; d. Name and capacity of ditch leading to Reservoir: Supply Ditch; Carrying Capacity: 120 c.f.s. Point of diversion ( POD ) located on the west bank of the La Plata River, whence the northwest corner of Section 26, T34N, R12W, N.M.P.M., bears North 52 56' West, a distance of feet. The course of the Ditch is from the POD to the point where it enters the Reservoir; e. Source: La Plata River and Hay Gulch, tributary to La Plata River; f. Uses: Original Decree: (a) Irrigation: 4,410 acres under the Joseph Freed, Revival and Warren-Vosburgh Ditches, described as follows: (1) Joseph Freed Ditch decreed in Case Nos. 807B and 807C: POD - The headgate is located on Hay Gulch, at a point whence the Northeast corner of Section 33, T34N, R12W, N.M.P.M., bears North 45º 48' East 1660 feet, thence the general course of said ditch is Southerly and empties into said river, thence down said stream, as a carrier, to a second headgate on the East bank of said river located at a point whence the Northeast corner of the SE1/4 NE1/4, Section 33, T34N, R12W, N.M.P.M., bears North 69º 37' East 860 feet, from which said headgate the general course of the ditch is Southerly. (2) Revival Ditch decreed in Case Nos. 807, 807B and 807C: POD - The headgate is located on the east bank of the La Plata River, whence the quarter corner between Section 4, T33N, and Section 33, T34N, of R12W, N.M.P.M., bears South 73º 57' East 967 feet, from which intake it is thence South 70º 59' West 300 feet, thence South 36º 57' West 317 feet to the headgate; said headgate being situated at a point whence the above mentioned quarter stone bears North 87º 8' East 1,401 feet. From the headgate said ditch runs in a general southerly course. (3) Warren-Vosburgh Ditch decreed in Case No. 807B: POD - The headgate is located on the left bank of the La Plata River, whence the West quarter corner of Section 4, T33N, R12W, N.M.P.M., bears South 33º 23' West 1,289 feet. That from the headgate said ditch runs in a general Southwesterly course. (b) Non-irrigation: Domestic, La Plata River administration, industrial, recreation, fish and wildlife, flood control and other beneficial uses. Exchange for municipal, domestic and irrigation. Refill Decree: Irrigation: Supplemental irrigation of up to 22,198 acres of currently irrigated lands within the District, by exchange, as shown on maps in the application for Case No. 00CW49, including supplemental irrigation of 4,410 acres of lands under the Joseph Freed, Revival and Warren-Vosburgh Ditches, described in paragraph 2(A)(viii)(1)(a) above. (b) Non-irrigation: Domestic, commercial, industrial, recreation, fish and wildlife, flood control, augmentation, exchange and fire protection within the District and delivery of Colorado's compact obligations to New Mexico under the La Plata River Compact. g. Amount: Original Decree: 1,176 acre-feet ( AF ), Absolute; 2, AF, Conditional; Refill Case: 656 AF, Absolute; 3,418 AF, Conditional (656 AF was decreed absolute in Case No. 09CW66 and a finding of diligence was entered for the balance of the Refill Case water right); 5. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed during the diligence period: Applicants expended $147, on labor, equipment, and project management to install a new automated headgate system for the Red Mesa Supply Ditch and for lining the Red Mesa Supply Ditch to more quickly re-act to water availability in the La Plata River. (5 pages)

5 17CW3018 ARCHULETA COUNTY, WATER DISTRICT NO, 78: 1) Applicants: Alan and Barbara Sackman, West Highway 160, Pagosa Springs CO (970) ; 2) Attorneys: Adam T. Reeves and Jeffrey M. Kane, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Application to Make Absolute and for a Finding of Reasonable Diligence; 4) Water Rights: Originally decreed Case No. 04CW64: a) Alan s Lake Ditch: Approp. Date: June 30, 2003; Location: SE/4SW/4 of Sec. 5, T34N, R3W, N.M.P.M., 3,670 feet from the E section line and 150 feet from the S section line; Uses: Evaporation, fishery, stock water and recreation, flow through Alan s Lake/Well; Source: Devil Creek; Amount: 2.0 cfs, conditional; b) Alan s Lake/Well: Approp. Date: June 30, 2003; Location: SE/4NE/4 Sec. 7, T34N, R3W, NMPM, 3,280 feet from S and 100 feet from E section lines; Surface area: 1.8 acres (at time of Original Decree), up to 6.0 acres, after additional gravel mining; Uses: During gravel mining: commercial, including gravel mining; After gravel mining: evaporation, fishery, stock water and recreation; Source: During gravel mining: groundwater; After gravel mining: groundwater and pass through via Alan s Lake Ditch at a filling rate of up to 2.0 cfs; Amount: 0.11 cfs, conditional; Well permit: application pending; Evaporation rates and the replacement of out-ofpriority diversions from Alan s Lake/Well are described in Paragraph 6 of the Original Decree; c) Elk Park Lake: Originally decreed Case No. 03CW03, augmentation use added Case No. 04CW64; Approp. Date: Oct (stockwater, wildlife, fishery); Aug. 27, 2004 (augmentation); Location: SE/4NE/4, Sec. 7, T34N, R3W, NMPM, 1,800 feet from the N section line and 1,000 feet from the E section line; Surface area: 0.81 acres; Uses: stockwater, wildlife and fishery, Absolute; augmentation, Conditional; Amount 4.0 AF; Source: Runoff and Iron Springs Seep Area, tributary to Devil Creek; d) Lower Elk Spring Pond: Originally decreed in Case No. 03CW03; Approp. Date: Jan. 23, 2003 (Stockwater and wildlife); Aug. 27, 2004 (augmentation and exchange); Location: NW/4NW/4 Sec. 8, T34N, R3W, NMPM, 900 feet from N and 300 feet from W section lines; Surface area of high water line: 0.08 acres (65 feet in diameter); Uses: stockwater and wildlife, Absolute; augmentation and exchange, Conditional; Amount 0.3 AF; Source: Runoff and overflow from Elk Spring Pond/Well; Remarks: Elk Spring Pond is constructed with a dam and has a gated, low-level outlet pipe; 5) Matters done toward completion or for completion of appropriation and application of water to beneficial use: a) Applicants continued planning, permitting and mining activities to create Alan s Lake/Well as detailed in the Application; b) Applicants applied for well permits for Alan s Lake/Well and Elk Spring Pond/Well; c) Elk Park Lake and Lower Elk Spring/Pond filled in priority; 6) Applicants request entry of a decree confirming the perfection of the entirety of the Elk Park Lake and Lower Elk Spring/Pond water rights and a finding of reasonable diligence for the Alan s Lake Ditch and Alan s Lake/Well water rights. (6 pages) 17CW3019 CITY OF DURANGO, c/o Steve Salka, Utilities Director, 949 East Second Avenue, Durango, Colorado , steve.salka@durangogov.org, Attorneys: Veronica A. Sperling, Paul F. Holleman, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, CO 80302, , vsperling@tbvs.net, fholleman@tbvs.net. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LA PLATA COUNTY, WATER DISTRICT Names of structures: Animas Pumping Station and Force Main; Westside Pumping Station; Memorial Park Pump Station. 3. Describe conditional water right (as to each structure) giving the following from the Referee's Ruling and Judgment and Decree: A. Original decree: March 21, 1966, Civil Action No. W-1751-B, District Court in and for La Plata County. Of the 50 cfs decreed to the Animas Pumping Station and Force Main in Civil Action No B, 6 cfs was decreed as absolute and 44 cfs was decreed as conditional. B. Subsequent decrees: Of the 44 cfs conditionally decreed in Civil Action No. W-1751-B, 2.0 cfs were transferred to the Westside Pumping Station in Case No. W , District Court, Water Division 7, by decree dated November 27, 1974, and 1.0 cfs was transferred to the Memorial Park Pump Station in Case No. W , District Court, Water Division 7, by decree dated October 6, 1976, leaving 41 cfs conditional decreed to the Animas Pumping Station and Force Main. Decrees approving alternate points of diversion for the Animas Pumping Station and Force Main were entered in Case No. 95CW057, District Court, Water Division 7, on May 10, 1996, and in Case No.

6 99CW050, District Court, Water Division 7 on December 28, Decrees making absolute portions of the 41 cfs conditional water right remaining at the Animas Pumping Station and Force Main were entered in Case No. 83CW34, District Court, Water Division 7, on April 28, 1986 ( cfs made absolute), in Case No. 88CW33, District Court, Water Division 7, on April 13, 1989 ( cfs made absolute) and in Case No. 01CW99, District Court, Water Division 7, on December 17, 2002 (12.59 cfs made absolute), leaving cfs conditional. A decree making absolute a portion of the 2.0 cfs conditional water right transferred to the Westside Pumping Station was entered in Case No. 83CW34, District Court, Water Division 7, on April 28, 1986 ( cfs made absolute), leaving cfs conditional. A decree making absolute a portion of the 1.0 cfs conditional water right transferred to the Memorial Park Pump Station was entered in Case No. 83CW34, District Court, Water Division 7, on April 28, 1986 ( cfs made absolute), leaving cfs conditional. Decrees finding reasonable diligence for the subject conditional water rights were entered in Case Nos. W-85 on October 20, 1970, W-559 on September 25, 1972, W on October 6, 1976, W on October 6, 1976, 80CW123 on December 5, 1980, 80CW125 on December 5, 1980, 80CW124 on May 6, 1981, 83CW34 on April 28, 1986, 84CW43 on May 30, 1986, 88CW33 on April 13, 1989, 95CW23 on December 29, 1995, 01CW99 on December 17, 2003, and 09CW74 on April 29, 2011, all District Court, Water Division 7. C. Location: (1) Animas Pumping Station and Force Main (29 th Street Pump Station): At a point on the east bank of the Animas River, whence the southeast corner of Section 17, T35N, R9W, N.M.P.M., bears south 40 degrees 41 minutes east, feet. Alternate points of diversion: a. Animas City Park Pump Station: At a point on the Animas River located south 8 degrees 00 minutes west, a distance of 1,600 feet from the northeast corner of Section 17, T35N, R9W, N.M.P.M. b. Escalante Middle School Pump Station: At a point on the Animas River located south 37 degrees 40 minutes 42 seconds west, a distance of 250 feet from the northeast corner of Section 8, T34N, R9W, N.M.P.M. c. Gateway Park Pump Station: At a point on the Animas River located south 57 degrees 23 minutes east, a distance of 2,330 feet from the northwest corner of Section 32, T35N, R9W, N.M. d. Memorial Park I and II Pump Station: At a point on the Animas River located north 37 degrees 30 minutes west, a distance of 1800 feet from the southeast corner of Section 17, T35N, R9W, N.M.P.M. e. Riverfront Park Pump Station: At a point on the Animas River located south 86 degrees 15 minutes east, a distance of 520 feet from the northwest corner of Section 29, T35N, R9W, N.M.P.M. f. Roosa Park Pump Station: At a point on the Animas River located north 57 degrees 00 minutes east, a distance of 1,110 feet from the southwest corner of Section 20, T35N, R9W, N.M.P.M. g. Rotary Park Pump Station: At a point on the Animas River located north 62 degrees 00 minutes 42 seconds east, a distance of 2,550 feet from the southwest corner of Section 20, T35N, R9W, N.M.P.M. h. Gateway Pump Station and Pipeline (Santa Rita Pump Station and Pipeline): At a point on the Animas River located north 63 degrees 47 minutes 12 seconds east, a distance of 1,027 feet from the southwest corner of Section 29, T35N, R9W, N.M.P.M. (2) Westside Pumping Station: At a point on the Animas River from whence the northwest corner of Section 29, T35N, R9W, N.M.P.M., bears north 66 degrees 20 minutes west, feet. (3) Memorial Park Pump Station (Rank Park Pump Station): At a point on the Animas River from whence the northwest corner of the NE1/4 SE1/4 of Section 20, T35N, R9W, N.M.P.M., bears south 21 degrees 53 minutes east, feet. D. Source of water: Animas River. E. Appropriation date: February 3, Amount: (1) Animas Pumping Station and Force Main: absolute; cfs CONDITIONAL. (2) Westside Pumping Station: cfs absolute; cfs CONDITIONAL. (3) Memorial Park Pump Station (Rank Park Pump Station): cfs absolute; cfs CONDITIONAL. F. Use: Domestic, municipal and industrial. G. Depth (if well): Not applicable. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The subject conditional water rights are an integral part of the overall water supply system for the City of Durango. During the diligence period the City has engaged in the following efforts to develop its water and wastewater systems, at the approximate costs indicated: Studies and Planning Efforts: During the diligence period the City hired Wildan Financial Services to do a Utilities Rate Study and over this period, rates have been increased 250% to insure that the City s infrastructure will be maintained properly with only minor 2% increases starting in This increased revenue

7 assured the City would have the ability to maintain and operate its water and wastewater facilities as required by State and federal requirements. The total cost of the rate study was $68, Improvements to Santa Rita Pump Station: During the diligence period, the City operated pumping facilities to supply the treated water needs to the community and a portion of the raw water needs for irrigation of the City s parks, Hillcrest Golf Course and Fort Lewis College. In 2014, the City constructed a white water park downstream from the Santa Rita Pump Station intake. This construction caused the river to move to the west, undercutting the Smelter Mountain and thus moving the river away from the intake. In 2016, the City spent approximately $1.1 million to correct the river and increase the flow of water into the intake to the Santa Rita Pump Station. During the diligence period, the City also spent $124, on upgrades to the 3,500 HP pumps and motors at the Santa Rita Pump Station and has obligated another $600,000 to install variable frequency drives to increase efficiency of the electrical motors and decrease start-up costs of the pumps. Growth and System Expansion: Water: The population of the City of Durango has increased during the diligence period from 16,586 to 18,101. The water supply service area has grown in size during the diligence period and now includes Grandview and Twin Buttes. The Twin Buttes Subdivision comes with a 3 million gallon water tank and, at full build out, an additional 655 new customers. The City has made substantial investments in its water facilities and infrastructure during the diligence period. The City appropriated funds for, and completed or, at the time of the filing of the application, was actively pursuing completion of, improvements (in addition to those previously mentioned) to its water system including: Waterline Replacements ($776,472.00); Water System Telemetry ($281,171.00); Water Conservation Audits ($111,423.00); La Posta Waterline Bridge to Airpark ($81,678.00); Reservoir Improvements which increased reservoir capacity from 72.1 million gallons at 25 feet in the reservoir to 90 million gallons at 25 feet ($94,348.00); Water Treatment Plant Reclaim/Sludge Management ($369,493.00); Filter Effluent to Waste System ($335,059.00); T1 Floculator VFD Replacement ($133,511.00); New 3 million gallon water tank at the Water Treatment Plant ($2,158,930.00), which is needed to do proper maintenance on the City s 7.2 million gallon water tank during winter operations to empty the larger tank for cleaning; Valve Replacements throughout the City to replace broken or failing valves in the City ($88,000.00); Water Meter Replacement to replace old water meters ($90,000.00); Florida River Intake at Rainbow Ranch Replacement ($452,000.00); Water Treatment Plant Piping replacement ($68,000.00); Water Storage Tank Cleaning ($196,530.00); Terminal Reservoir Dam Repair ($247,160.00); Water Treatment Plant Pipe/Valve Replacement ($85,115.00); Santa Rita VFD/MCC installation ($698,956.00); Grandview Pump Control Panel ($44,185.00); Ball Lane Pump Station Upgrades ($228,462.00); River Crossings Water Main replacements ($ ); Tank Chlorine Tablet Feeders ($38,856.00); Water Storage Tank Painting Exterior ($230,000.00); Water Storage Tank Control Panel System ($131,013.00); Automatic Meter Reading (AMR) Upgrades ($659,090.00); Water Storage Tank Cleaning/ Refurbishing ($300,000.00). Wastewater: Primary Clarifier I & II Rehabilitation ($789,000.00); Lift Station Generator Installation ($460,000.00); Over Flow Vault ($400,000.00); Sewer Inflow Study ($75,000.00); Sewer Lift Station Replacement ($1,537,446.00); Wastewater Treatment Plant Flood Plain Study ($50,000.00); Sewer Main River Crossing Replacements ($450,000.00); Wastewater Treatment Plant Roof Replacement ($14,974.00). The City has also participated as an objector in Water Court cases during the diligence period to protect the subject water rights from injury. The City has expended in excess of $10,000 in such cases during the diligence period. 5. If claim to make absolute -- water applied to beneficial use: Not applicable. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant, City of Durango. WHEREFORE, Applicant, the City of Durango, requests the Court to enter a decree finding that the City has exercised reasonable diligence in the development of the remaining conditional water rights for the Animas Pumping Station and Force Main, Westside Pumping Station and Memorial Park Pump Station, and continuing the remaining conditional water rights in full force and effect for an additional diligence period. (8 pages)

8 17CW3020 CITY OF DURANGO, c/o Steve Salka, Utilities Director, 949 East Second Avenue, Durango, Colorado , Attorneys: Veronica A. Sperling, Paul F. Holleman, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, CO 80302, , APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LA PLATA COUNTY, WATER DISTRICT Names of structures: A. Bodo Pipeline and Ditch No. 2. B. South Durango Pumping Plant and Pipeline. 3. Describe conditional water right (as to each structure) giving the following from the Referee's Ruling and Judgment and Decree: A. Original decree: March 21, 1966, Civil Action No. W-1751-B, District Court in and for La Plata County. B. Subsequent Decrees: A decree approving an alternate point of diversion was entered in Case No. 99CW050, District Court, Water Division 7, on December 28, Decrees finding reasonable diligence were most recently entered in Case No. 95CW34 on December 22, 1995, in Case No. 01CW100 on January 24, 2003 and in Case No. 09CW7 on April 29, 2011, all District Court, Water Division 7. C. Location: (1) Bodo Pipeline and Ditch No. 2: At a point on the west bank of the Animas River, whence the south quarter corner of Section 32, T34½N, R9W, N.M.P.M., bears south 10 degrees 12 minutes west, 3, feet. Alternate point of diversion at Gateway Pump Station and Pipeline (Santa Rita Pump Station and Pipeline): At a point on the Animas River located north 63 degrees 47 minutes 12 seconds east, a distance of 1,027 feet from the southwest corner of Section 29, T35N, R9W, N.M.P.M. (2) South Durango Pumping Plant and Pipeline: At a point on the right bank of the Animas River, whence the southwest corner of Section 29, T35N, R9W, N.M.P.M., bears south 81 degrees 50 minutes west, 582 feet. Alternate point of diversion at Gateway Pump Station and Pipeline (Santa Rita Pump Station and Pipeline): At a point on the Animas River located north 63 degrees 47 minutes 12 seconds east, a distance of 1,027 feet from the southwest corner of Section 29, T35N, R9W, N.M.P.M. D. Source: Animas River. E. Appropriation date and amount: (1) Bodo Pipeline and Ditch No. 2: June 1, 1945; 2.75 cfs CONDITIONAL. (2) South Durango Pumping Plant and Pipeline: September 8, 1964; 4.2 cfs CONDITIONAL. F. Use: (1) Bodo Pipeline and Ditch No. 2: residential, industrial and commercial. (2) South Durango Pumping Plant and Pipeline: municipal, industrial, domestic and recreational. G. Depth (if well): Not applicable. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject conditional water rights are an integral part of the overall water supply system for the City of Durango. During the diligence period, the City has continued to supply water to the South Durango Water District, from which the City acquired the subject water rights in 1993, and has engaged in the following efforts to develop its water and wastewater systems, at the approximate costs indicated: Studies and Planning Efforts: During the diligence period, the City hired Wildan Financial Services to do a Utilities Rate Study and over this period, rates have been increased 250% to insure that the City s infrastructure will be maintained properly with only minor 2% increases starting in This increased revenue assured the City would have the ability to maintain and operate its water and wastewater facilities as required by State and federal requirements. The total cost of the rate study was $68, Improvements to Santa Rita Pump Station: During the diligence period, the City operated pumping facilities to supply the treated water needs to the community and a portion of the raw water needs for irrigation of the City s parks, Hillcrest Golf Course and Fort Lewis College. In 2014, the City constructed a white water park downstream from the Santa Rita Pump Station intake. This construction caused the river to move to the west, undercutting the Smelter Mountain and thus moving the river away from the intake. In 2016, the City spent approximately $1.1 million to correct the river and increase the flow of water into the intake to the Santa Rita Pump Station. During the diligence period, the City also spent $124, on upgrades to the 3,500 HP pumps and motors at the Santa Rita Pump Station and has obligated another $600,000 to install variable frequency drives to increase efficiency of the electrical motors and decrease start-up costs of the pumps. Growth and System Expansion: Water: The population of the City of Durango has increased during the diligence period from 16,586 to 18,101. The water supply service area has grown in size during the diligence period and now includes Grandview and Twin Buttes. The Twin Buttes Subdivision comes with a 3 million gallon water tank and at full build out an additional 655 new customers. The City has made substantial investments in its water facilities and

9 infrastructure during the diligence period. The City appropriated funds for, and completed or, at the time of the filing of the application, was actively pursuing completion of, improvements (in addition to those previously mentioned) to the water system including: Waterline Replacements ($776,472.00); Water System Telemetry ($281,171.00); Water Conservation Audits ($111,423.00); La Posta Waterline Bridge to Airpark ($81,678.00); Reservoir Improvements which increased reservoir capacity from 72.1 million gallons at 25 feet in the reservoir to 90 million gallons at 25 feet ($94,348.00); Water Treatment Plant Reclaim/Sludge Management ($369,493.00); Filter Effluent to Waste System ($335,059.00); T1 Floculator VFD Replacement ($133,511.00); New 3 million gallon water tank at the Water Treatment Plant (2,158,930.00), which is needed to do proper maintenance on the City st 7.2 million gallon water tank during winter operations to empty the larger tank for cleaning; Valve Replacements throughout the City to replace broken or failing valves in the City ($88,000.00); Water Meter Replacement to replace old water meters ($90,000.00); Florida River Intake at Rainbow Ranch Replacement ($452,000.00); Water Treatment Plant Piping replacement ($68,000.00); Water Storage Tank Cleaning ($196,530.00); Terminal Reservoir Dam Repair ($247,160.00); Water Treatment Plant Pipe/Valve Replacement ($85,115.00); Santa Rita VFD/MCC installation ($698,956.00); Grandview Pump Control Panel ($44,185.00); Ball Lane Pump Station Upgrades ($228,462.00); River Crossings Water Main replacements ($ ); Tank Chlorine Tablet Feeders ($38,856.00); Water Storage Tank Painting Exterior ($230,000.00); Water Storage Tank Control Panel System ($131,013.00); Automatic Meter Reading (AMR) Upgrades ($659,090.00); Water Storage Tank Cleaning/ Refurbishing ($300,000.00). Wastewater: Primary Clarifier I & II Rehabilitation ($789,000.00); Lift Station Generator Installation ($460,000.00); Over Flow Vault ($400,000.00); Sewer Inflow Study ($75,000.00); Sewer Lift Station Replacement ($1,537,446.00); Wastewater Treatment Plant Flood Plain Study ($50,000.00); Sewer Main River Crossing Replacements ($450,000.00); Wastewater Treatment Plant Roof Replacement ($14,974.00). The City has also participated as an objector in Water Court cases during the diligence period to protect the subject water rights from injury. The City has expended approximately $10,000 in such cases during the diligence period. 5. If claim to make absolute -- water applied to beneficial use: Not applicable. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant, City of Durango. WHEREFORE, Applicant, City of Durango, requests the Court to enter a decree finding that it has exercised reasonable diligence in the development of the subject conditional water rights and continuing those conditional water rights in full force and effect for an additional diligence period. (6 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 June, 2017, 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 Danene M. Etz, Water Court Specialist, 1060 E. 2 nd Ave., Room 106, Durango, CO ; , Ext. 6181)

10 Published: before May 31, 2017 Original Signature on file Danene M. Etz, Water Court Specialist