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I ./ (. ~~ 11") . ~'"" (;:) I;.~ . . . . . . . . . . . . . . . ~ - c. ~ ( ( or into the Unconfined Aquifer in the SE\ of Sec. 30 or the E~ of Sec. 31. T27S. R73W, 6th P.M. The exact number and legal descriptions of the locations of such ~el1s will be furnished to the Court when such informacion has been determined. 8. Applicant is the only appropriator on the Zapata Creek drainage. Therefore, the diversion of water pursuant co appl~cant's South Zapata Creek rights. and by exchange pursuant to hlS North Zapata Creek, Middle Zapata Creek, Slag Creek, ~iddle Urraca Creek, and South Urraca Creek rights, at the lntake of the Zapata Pipeline on South Zanaea Creek as an aLternate point of diversion will cause no injury to the ow~ers or users of ocher water rights. 9. The withdrawals of water from the Unconfined Aquifer through the wells contemplated herein will cause no injury to other wells in the Unconfined Aquifer, or to any surface rights. The Unconfined Aquifer is tributary only to the Closed Basin, and is not hydraulically connected to the Rio Grande River or any other stream. To the extent chat water entering the Uncon- fined Aquifer is not utilized in irrigation, it is not avai14 able for beneficial uses, as it is lost by evapotranspiration or eventually reaches the 'Iswnp area" of the Closed Basin. In fact, the policy of the State Engineer is to encourage the use of water from the Unconfined Aquifer for irrigation in order to lower its water table so that the amount of water lost through non-beneficial evapotranspiration can be reduced. (Available records indicate that substantially more than 2362 acre feet of water enters ~e Unconfined Aquifer each year from the Zapata Creek and Urraca Creek drainages in which applicant owns decreed water rights totaling 96.06 cfs. This is well in excess of the 1043 acre feet of historic annual consumptive use resulting from applicant's use of these rights for the irrigation of 828 acres of native hay. Since the return flows from this historically irrigated acreage go to the Unconfined Aquifer only, removal of this acreage from irrigation wo~ld not benefit the Confined Aquifer, and would not make additional water available for beneficial use, For these reasons, applicant shall not be required to remove said historically irrigated acreage from irrigation.! 10, If the 28.41 acre commercial area of the proposed sub- division is served by one or more wells located thereon in an area of potential recharge to both the Confined and Unconfined Aquifers. the effect on the Confined Aquifer will be minimal. The estimated annual water requirement of the commercial area is 38.37 acre feet of which 3.84 acre feet will be consumptively used. Assuming that 50 per cent of the 34.53 acre feet return flows recharge each aquifer, the net loss to the Confined Aquifer would be 1.92 acre feet annually. 11. From the evidence submitted herein, it appears that the plan for augmentation proposed by applicant will not cause material injury to the Confined Aquifer. The estimated annual water requirements of the portions of applicant's proposed development which will be supplied by the Zapata Pipeline (1196 lots utilizing non-evaporative septic systems, 475 lots utilizing evapotranspir3tion sewage systems, and the 170 acre golf course) are 986.46 acre feet. Of this, at full development an estimated 413.99 acre feet will be consumptively used, assuming 100 per cent, year-around occupancy. About 511.09 acre feet of the total return flows of 572.47 acre feet will be in areas of potential recharge to the Confined Aquifer. During times when, due to insufficient physical supply in South Zapaea Creek at the intake of the Zapaea Pipeline, the .4.