DISTRICT COURT, WATER DIVISION NO. 2, COLORADO | Legal Notice

PUBLIC NOTICE

DISTRICT COURT, WATER DIVISION NO. 2, COLORADO

TO: ALL INTERESTED PARTIES

Pursuant to CRS 37-92-302, you are hereby notified that the following matter forms part of the Summary of Applications and Amendments Filed and/or Ordered published during the month of August 2022, in Waters Division No. 2. Judge Waters ordered this case published in The Herald Democrat of Lake County, Colorado. This publication can be viewed in its entirety on the state court’s website at: www.courts.state.co.us.

The name(s) and address(es) of the applicant(s), description of the water use rights or conditional water use rights and description of the decision requested , as reflected by said application or amendment, are as follows.

CAS No. 2022CW29; Previous Case Nos. 09CW59, 16CW6 – ROGER E. LAINE, TRUSTEE, LAINE REVOCABLE TRUST U/T/A February 22, 2008, 22422 N. Rebecca Burwell, Katy, TX 77449-2909, (281) 782-0243

Request to make absolute in whole or in part

LAKE COUNTY

2. Structure Name: Laine Wells Nos. 2 & 3 Type: Well. 3. Describe the conditional right to water: A. Date of original decree: July 7, 2010 Case No: 2009CW59 Court: District Water Div-2 B. List all subsequent decrees: Ordered: August 30, 2016 Case No: 2016CW6 Court: District Water Div-2 Div-2. D. Water Source: Water for all wells comes from groundwater which is a tributary of Halfmoon Creek. E. Date of assignment: Laine Wells No. 2 and 3 – March 31, 2009. Quantity: The quantity of water decreed for each of Laine Wells No. 2 and 3 is 30 gallons per minute, conditional, subject to a prorated reduction in such diversions in a year in which a portion of the augmentation and replacement water described herein is leased to others, as described in paragraph #15, Executive Order 2009CW59. F. Use: The water pumped from the Laine wells n° 2 and 3 is delivered directly to the plants via a high efficiency irrigation system. All water that is delivered to the factories is assumed to be consumed for the purposes of this increase plan. Laine wells Nos. 2 and 3 are equipped with totalizing flowmeters to monitor annual groundwater withdrawals. Exhausts are replaced in accordance with metered water deliveries. G. Depth: Laine No. 2 shaft: 44 feet, Laine No. 3 shaft: 41 feet. 4. Detailed outline of what has been done for the completion or for the completion of the appropriation and application of water to a beneficial use as conditionally decreed: Laine Wells Nos. 2 and 3: The wells were drilled and the pumps were installed in 2010. Two-inch PVC main pipes were installed underground to connect the two wells so that irrigation water is available for the entire property. 1.25 and 1.5 inch diameter polyethylene branch lines connect the main lines to the 0.25 inch drip lines. Pilot project planting began in 2000. Commercial tree planting began in 2011 and will continue until approximately 1,400 trees have been planted. Treefarm commercial watering will continue indefinitely. The pilot project watering moved to wells 2 and 3 in 2011 and will continue indefinitely. Please refer to the embedded and annotated USGS topographic maps attached to the application. Please refer to the Integrated Water Resources Division well construction reports attached to the application. (All attachments referred to herein are incorporated by reference and may be viewed at the office of the Clerk of this Court.) 5. Request for Absolute Declaration in whole or in part: A. Date of Beneficial Use Request: Well 2 and 3: August 2010. Quantity: 4.1 ac ft Use: Irrigation. See the excel spreadsheet attached to the application titled “Due_Diligence_cum_water_2010-22.xlsx.pdf”. This spreadsheet summarizes irrigation water volumes from 2010 to 2022. (All attachments referred to herein are incorporated by reference and may be viewed in the office of the Clerk of this Court.) Description of the place of use where the water is applied for beneficial purposes: T10S Portions R80W of Sections 5-8, PM 6. Please refer to the annotated USGS topographic maps attached to the application. UTM Coordinates: Well #2 – East: 382067.8, North: 4340207.6, Well #3 – East: 381898.9, North: 4340132.9 Address: 215 Mayro Cox Way, Leadville, CO 80461 UTM source: https://dwr.state.co.us/Tools/WellPermits/0239857B,/3645416&/3645415 Accuracy of location displayed on GPS: spotted from section lines T10S R80W 18h. Approximate distance of section lines: Well #2 – 850 feet S and 100 feet W, Well #3 – 600 feet S and 450 feet E PLSS source: https://dwr.state.co.us/Tools/WellPermits/0239857B,/3645416&/3645415 Address: 215 Mayro Cox Way, Leadville, CO 80461 6. Name(s) and address(es) of owner(s) or deemed owners of the land on which any new diversion or storage structure, or alteration to any existing diversion or storage structure is or will be constructed or on which water is or will be stored, including any modifications to the existing storage pool: Applicant

THE WATER RIGHTS CLAIMED BY THE PREVIOUS APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR JUSTIFIED TODAY IN THIS SECTION AND THE OWNERS OF THE AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME LIMITS PROVIDED BY THE LAW, OR BE PERMITTED FOREVER.

YOU ARE HEREBY ADVISED that any party wishing to object to an application, or an application as amended, may file with the Water Clerk a verified statement of objection setting forth the facts explaining why the application should not not be granted, or why it should be granted only in part or on certain conditions, this statement of opposition must be filed no later than the last day of October 2022, (forms available at the Registry or www.courts.state.co.us, must be served on the parties and a certificate of service must be completed; application fee $192.00). The foregoing are summaries and the entire Application, Amendments, Exhibits, Maps and any other attachments filed in each case may be inspected at the Clerk’s Office, Water Division No. 2, at address listed below.

Witness my hand and the seal of this Court this September 9, 2022.

/s/ Michele M. Santistevan

Michèle M. Santistevan, Clerk

District Court Water Division. 2

501 N. Elizabeth Street, Suite 116

Pueblo, CO 81003

(719) 404-8832

(Court Seal)

Published in the Herald Democrat on September 15, 2022.