DISTRICT COURT, WATER DIVISION 3, STATE OF COLORADO

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					           DISTRICT COURT, WATER DIVISION 3, STATE OF COLORADO

TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS FILED IN
 WATER DIVISION 3.

      Pursuant to C.R.S. 37-92-302(3), you are notified that the following is a resume in
Water Division 3, containing notice of all applications and amended applications or
requests for correction filed in the office of the Water Clerk during the month of January,
2010.

       The names and addresses of applicants, description of water rights, or conditional
water rights involved, and description of ruling sought, are as follows:


Case No. 2010CW2 The Rio Grande Water Conservation District and The Nature
Conservancy c/o David W. Robbins, Ingrid C. Barrier, Hill & Robbins, PC, 1441 18 th
Street, Suite 100, Denver, CO 80202 (303) 296-8100 and Charles B. White, Nicole L.
Johnson, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, (303)
825-1980                      Application for Change of Water Right in Alamosa County
1. Name, address and telephone number of applicants: Rio Grande Water Conservation
District, c/o Steven Vandiver, General Manager, 10900 Highway 160 East, Alamosa,
Colorado 81101, Telephone: 719-589-6301 and The Nature Conservancy                     (the
“Conservancy”), 2424 Spruce Street, Boulder, Colorado 80302, (303) 444-2950. Please
direct all correspondence and pleadings to: Charles B. White, Petros & White, LLC, 1999
Broadway, Suite 3200, Denver, CO 80202, Telephone: (303) 825-1980, Stephen C.
Cann, The Nature Conservancy, Western Resource Office, 2424 Spruce Street, Boulder,
CO 80302, (303) 541-0343. 2. Introduction: Applicants seek a decree authorizing the use
of certain water rights owned by The Nature Conservancy, as changed in the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Water Court in Case No.
05CW10, in connection with the Rio Grande Water Conservation District’s (“District”)
water right decreed in Case No. 85CW78 for recharge to be allocated to the Closed Basin
Salvage Project (Case No. W-3038). In Case No. 05CW10, the Water Court granted the
application of The Nature Conservancy to modify the Decree entered in Case No.
89CW30 to allow water rights that previously irrigated approximately 98 acres to be used,
in addition to other decreed uses, for recharge by the District in connection with the
Closed Basin Project. Paragraph 7.B of the Decree in Case No. 05CW10 sets forth the
parameters for the District’s use of this water for recharge purposes. This Application
seeks a Decree from the Water Court permitting the District to use the recharge from Dry-
up Credit Area 1 as articulated in Case No. 05CW10, and depicted in Exhibit C attached
hereto, and in conformance with the terms of that Decree, in addition to recharge at
Points of Diversion 6, 7 and 8 decreed in Case No. 85CW78 and changed in Case No.
06CW17 to recharge sites X, Y, and Z, as part of the Closed Basin Salvage Project. 3.
Name of structure for which application is sought: a. Location: Recharge Site 1 is defined
by the terms of the Decree in Case No. 89CW30 as follows: “The creekbed and ditches
commencing just below the point of diversion for the North Zapata Creek Pipeline as



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described on page 6 of this Decree and continuing in a westerly direction to that point on
Applicant’s property at which water diverted into this recharge site may eventually flow
under State Highway 150 onto Applicant’s property, which point is located in the South
half of that portion of Section 31 lying West of the Westerly right-of-way of State Highway
150, Township 27 South, Range 73 East, 6th Principal Meridian, Alamosa County,
Colorado.” Decree, Case No. 89CW30, at ¶ 13. The diversion point for the North Zapata
Creek Pipeline is the upper end of Recharge Site No. 1 and is located in Tract L of the
“Zapata – Unit Two” subdivision. The lower end of Recharge Site No. 1 is located on
property owned by the Nature Conservancy. Recharge Site No. 1 is depicted in Exhibit B.
Recharge Site 2 is defined by the terms of the Decree in 89CW30 as follows: “The lower
reservoir in the Zapata Subdivision and the existing ditches in the vicinity of that reservoir
located in the South half of that portion of Section 31 lying East of the right-of-way for
State Highway No. 150, Township 27 South, Range 73 West, 6th Principal Meridian,
Alamosa, Colorado.” Decree, Case No. 89CW30, at ¶ 13. This reservoir is located in
Tract A of the “Zapata – Unit Two” and is depicted in Exhibit B. b. Source: The source of
water is set forth in the Decree and attachments thereto in Case No. 05CW10 and is
incorporated here by reference. c. Appropriation Date: The appropriation dates for the
water rights referenced in the Decree in Case No. 05CW10 are set forth in Exhibit A. d.
Amount: The Decree in Case No. 05CW10 modified the terms of the Decree in Case No.
89CW30 to change the type and place of use of a portion of the Zapata Creek Rights that
were historically used to irrigate approximately 21 acres of the “new golf course area”
described in paragraph 15 of the Decree in Case No. 89CW30 and approximately 77
acres of additional historically irrigated land to allow these rights to be used, in addition to
other decreed uses, for recharge by the Rio Grande Water Conservation District. This
area is known as “Dry-up Credit Area 1” and is depicted on Exhibit C, attached hereto.
The dryup of these approximately 98 acres will yield 109.76 acre-feet of consumptive use
credit and 274.4 acre-feet available for recharge, subject to the terms and conditions of
the decree in Case No. 05CW10. The District, in cooperation with the Nature
Conservancy, will calculate the amount of water available to it for recharge utilizing
measuring devices (flumes) that are already in place on the property. e. Historic Use: The
Applicant relies on findings of historic use in the Decree in Case No. 89CW30, including
irrigation of the Zapata Ranch, and commercial, recreational, and augmentation uses
(including recharge, replacement and exchange). 4. Name(s) and address(es) of
owner(s) of the land upon which any structure is or will be located, upon which water is or
will be stored, or upon which water is or will be placed to beneficial use:
The upper diversion point (flume) for Recharge Site No. 1 is located on Tract L of The
Zapata – Unit 2 subdivision. The ownership of Tract L is Zapata Homeowners
Association, Inc., P.O. Box 1282, Alamosa, Colorado 81101. The lower point (flume) for
Recharge Site No. 1 is located on land owned by The Nature Conservancy, c/o Paul
Robertson, 5303 Hwy. 150, Mosca, CO 81146. The channel of North Zapata Creek
through the reach that is Recharge Site No. 1 is located on greenbelt tracts owned by
Zapata Homeowners Association, Inc. Recharge Site No. 2, the Lower Lake, is located on
Tract A. The ownership of Tract A is also the Zapata Homeowners Association, Inc., P.O.
Box 1282, Alamosa, Colorado 81101.
(Application is 13 Pages with Attachments.)




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Case No. 2010CW3 Farm Fresh Packing, LLC, William H. Caile and Kylie J. Crandall,
PO Box 8749, Denver, CO 80201-8749 (303) 295-8000,                    Application for Change of
Water Rights (“Application”) in Rio Grande County
1. Name, Address and Telephone Number of Applicants Farm Fresh Packing, LLC Attn:
Lee Jackson 106 Adams Street, Suite 2A Monte Vista, Colorado 81144 (719) 852-2600
Please send all correspondence to: William H. Caile Holland & Hart LLP P.O. Box 8749
Denver, Colorado 80201 (303) 295-8403 2. Overview of Application: The purpose of this
Application is to change the type of use of water rights associated with two irrigation wells
so that the wells may be used to supply a new potato packing facility (the “Facility”) to be
located near Monte Vista in Rio Grande County. The wells withdraw ground water from
the unconfined aquifer of the Closed Basin. A plan for augmentation to replace out-of-
priority depletions from the subject wells is not being included as part of the current
Application, but will be developed at a future time if required by law. The new uses sought
in this Application include but are not limited to use of water for evaporative cooling,
humidification, washing, landscaping, fire-protection, and inside domestic water
requirements of the Facility. It is anticipated that water will be used in the facility year
round. 3. Decreed Names of Structures for Which Change is Sought: A. Well 1 of Case
No. W-315, Permit No. 1280-R (“Well 1”). B. Well 1-A of Case No. 82CW195, Permit No.
22712-F (“Well 1-A”). 4. From Previous Decrees: A. Well 1 (i) Previous decree: Case No.
W-315, July 18, 1974, District Court in and for Water Division 3. (ii) Decreed point of
diversion: NW 1/4 of the SE ¼ of Section 16, Township 39 North, Range 8 East of the
NMPM. (iii) Source: ground water from the unconfined aquifer of the Closed Basin. (iv)
Appropriation date: July 1, 1955. (v) Amount: 1200 gallons per minute (“gpm”), or 2.67
cubic feet per second (“cfs”), being 5.34 acre feet (“AF”) of water in a twenty-four hour
period. (vi) Use: Irrigation. A map showing the approximate location of historically irrigated
acreage is attached to this Application as Exhibit 1. B. Well 1-A (i) Previous decree: Case
No. 82CW195, June 22, 1984, Water Division 3. Decreed as an alternative point of
diversion for Well 1. (ii) Decreed point of diversion: center of the SE 1/4 of Section 16,
Township 39 North, Range 8 East of the NMPM, at a point 1320 feet from the South
section line and 1320 feet from the East section line, in Rio Grande County. (iii) Source:
ground water from the unconfined aquifer of the Closed Basin. (iv) Appropriation date:
July 1, 1955 (v) Amount: 1000 gpm, or 2.23 cfs, being 4.46 AF in a twenty-four hour
period. Pursuant to the decree in Case No. 82CW195, the combined yield of Well 1 and
Well 1-A shall not exceed 1200 gpm or 425 AF annually. (vi) Use: Irrigation. Well 1-A was
restricted to irrigation on no more than 160 acres in the SE 1/4 of Section 16, Township
39 North, Range 8 East of the NMPM. See Exhibit 1. 5. Proposed Change: A. Change of
type of use: Applicant requests approval to change the type of use of the water rights
associated with Well 1 and Well 1-A from irrigation to irrigation and commercial, industrial
and domestic uses associated with the Facility (collectively, the “commercial” uses). No
change in point of diversion or place of use is sought. B. Remarks: (i) Well 1 and Well 1-A
were historically used to irrigate approximately 160 acres comprising the SE 1/4 of
Section 16, Township 39 North, Range 8 East of the NMPM. See Exhibit 1. (ii) Well 1 and
Well 1-A were not metered, therefore, no diversion records are available for either Well 1
or Well 1-A. (iii) It is estimated that irrigation of the SE 1/4 of Section 16 with ground water
has historically consumed 171.8 acre feet annually. The maximum average annual
consumptive use from commercial uses at full build out of the Facility will be 64.2 acre



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feet per year. Consumptive use from the continued irrigation use will be limited to 89.6
acre feet per year based on a five-year rolling average. Future consumptive use for both
commercial and irrigation purposes shall therefore be limited to no more than 153.8 acre
feet per year, which is less than the average annual historical consumptive use from
irrigation. As such this change in water right will not result in an expansion of use and will
not injure other vested water rights. (iv) Surface water rights: Ten shares of the Rio
Grande Canal Water Users Association and ten shares of the Santa Maria Reservoir
Company have historically been delivered the property described in subparagraph 5(B)(i)
above. In calculating the historical consumptive use of the wells involved in this change of
water right, Applicant considered the historical contribution of these surface water
supplies. However, no consumptive use credit is claimed herein for the historical use of
surface water on the property, and such surface water is not otherwise involved in any
way in this change of water right. The surface water will continue to be taken and shall
either be used for irrigation or for recharge to the unconfined aquifer. C. Terms and
Conditions: (i) Applicant will cease irrigating 80 acres of the land historically irrigated by
decreed irrigation wells in the SE 1/4 of Section 16, Township 39 North, Range 8 East of
the NMPM. This area of dry up includes the land under portions of the Facility, including
the potato packing facility, the potato storage facility, the gravel parking and roadway
area, and the area for future expansion of additional storage facilities. This area of dry-up
has historically had 82.2 acre feet per year of average annual consumptive use
associated with irrigation with ground water, and as such will fully offset the new
commercial uses. (ii) Future irrigation in the SE 1/4 of Section 16, Township 39 North,
Range 8 East of the NMPM shall be limited to less than 71.7 acres. (iii) All ground water
pumped for commercial purposes shall be measured and reported in a manner
acceptable to the Division Engineer. Applicant will install and maintain totalizing flow
meters on the wells involved in this change of water right, or utilize any other method
acceptable to the Division Engineer for measurement of water diverted from the wells,
and shall provide an accounting of all well diversions to the Division Engineer on forms
and at such times as may reasonably be required for the administration of this change of
water rights. (iv) Volumetric limits: (1) Pumping from both wells combined shall not
exceed 165.4 acre feet per year for commercial purposes. (2) The combined average
annual consumptive use of ground water for continued irrigation from Well 1 and Well 1-A
shall be limited to 89.6 acre feet per year based on a five-year rolling average. The
combined allowable annual diversion from these wells is dependent upon the efficiency of
the irrigation method employed by Applicant and may change in the future. Given current
ground water use through a sprinkler, and a current sprinkler irrigation efficiency of 80
percent, the combined annual diversion of ground water through the three wells for
irrigation use will be limited to 112 acre feet per year and combined annual diversions
over any consecutive five year period shall be limited to less than 560 acre feet. (v) No
augmentation plan is sought in connection with this change of water right. If and when
rules governing the use of ground water are implemented for the unconfined aquifer,
Applicant will comply with any such rules, including without limitation seeking approval of
a plan for augmentation and/or substitute water supply plan to replace out-of-priority
depletions from well pumping approved in the Application herein. 6. Name, Addresses of
Owners of Land upon Which Any New Diversion or Storage Structure Shall be Located,
or modification of Any Existing Structure Is Or Will Be Constructed or Upon Which Water



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is or Will be Stored The Facility site, Well 1 and Well 1-A are all owned by Applicant.
WHEREFORE, Applicant prays for an order of this Court: A. Approving the changes of
water rights sought herein upon such terms and conditions as the Court deems necessary
and appropriate; and B. Finding that no vested water rights or decreed conditional water
rights will be materially injured by the relief granted herein.
(Application if 7 Pages with Attachments)


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

       You are further notified that you have until the last day of March, 2010, to file with
the Water Clerk, a verified statement of opposition setting forth facts as to why a certain
application should not be granted or why it should be granted only in part or on certain
conditions or a protest to the requested correction. A copy of such a statement of
opposition or protest must also be served upon the Applicant or the Applicant’s attorney
and an affidavit or certificate of such service must be filed with the Water Clerk. A
$158.00 filing fee is required. PLEASE NOTE: WATER DIVISION 3 HAS MANDATORY
E-FILING FOR ALL PARTIES REPRESENTED BY AN ATTORNEY.

       You can review the complete applications or requests for correction in the office of
the Alamosa Combined Court, 702 Fourth St., Alamosa, CO 81101.

       Witness my hand and seal of this Court this 12th day of February, 2010.




                         ______________________________________
                            Shirley Skinner, Clerk of the Court
                               Alamosa Combined Courts
                              Water Court, Water Division 3
                         702 Fourth Street, Alamosa, CO 81101




SEAL




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