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. . . J ~ ~b 122 C. R. 510 Durango, CO 81303 November 8, 2006 Director of the Board Colorado Water Conservation Board Dept. of Natural Resources 1313 Sherman street, Room 721 Denver, CO 80203 Re:! Case No.. 7-D6CW045; Application of Mmala Living Trust Dear Director: A brief recent history of the water right in question is as follows: Clarence and Donna Davis deeded to Brian Kimmel .663 cfs of F-28 water from the Third Enlargement of the Harris-Patterson Ditch, which ends in the Meadow Creek Drainage, historically use as stock water and to irrigate 35 acres in NEt, s 5, T 34N, R 8~1, NMPM, LaPlata County CO. Brian Kimmel changed the point of diversion downstream to the Banks- Tyner Ditch, in Case No. 95CW31, Water Division 7. Of the original 35 acres irrigated by this water right, 12.6 acres were to be dried up, and ~~. Kimmel was to irrigate 1~ acres. As ~Ir. Kimmel could not utilize the entire .663 ufs, he sold .25 cfs to the Annala Living Trust in 2004. Annala Living Trust has filed Case No. 7-D6CW045 to move the point of diversion back upstream to'the headgate of the 14cCleur-Murray Ditch in order to replace water in that ditch that has been lost due to the drying up of our adjudicated spring waters caused by development of subdivisions and changes from flood to sprinkler irrigation on the Florida Mesa and in the Florida River Valley. The Annala Living Trust water in the McCleur-Murray Ditch irrigates approximately 30 acres of our land. Our other adjudicated rights, the adjudi- cated spring rights (Case No. 94CW63) and the requested transfer of .25 cfs of F-28 would be used in combination to continue to irrigate the approximately 30 acres of cropland, and for stockwater. The Florida River, from and including the McCleur-Murray Ditch, is filled pri- marily by return flows. As stated above, development and use of sprinkler systems are diminishing spring flows and return flows. The McCleur-Murray Ditch is a major and immediate contributor to the return flows due to the sandy loam over gravel beds in the area. This is a major source of water providing the eWCB instream water right.