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'-'I;:I" .J..'-' VU .1.""1-..),,) r _ '.;0 . surface rights decreed in Case No. 82 CW 177). (Well No. 10 is a combination of Well No. 10 and Well No. II under the plan in 82 CW 177, and was adjudicated an absolute water right in Case :-roo 89 CW 44.) 1. Well No. 13 Permit No. 534il-F Location: NWV,NEY. Section 3, T39N, R3E, NMPM, in Lot 29, Block I, Foothills Estate No.2, Rio Grande County, Colorado. Deoth: 60 feet Amount and source: 80 gpm from the alluvium of the Rio Grande River. Appropriation Date: May 31, 1881, and July 31; 1889 (the dates of the surface rights decreed in Case No. 82 CW 177). . i. The augmentation plan approved in 82 CW 177 envisions use of these wells in a central municipal water supply system supplying the needs of the Foothills Estates No.2 subdivision for domestic, commercial, and municipal uses. The wells have indeed been put to such uses, supplying residences, churches, businesses, a post office, and a motel, among other users. Under the plan, depletions due to such uses were offset by dry-up oflands historically irrigated by the applicants' share in the Church Ditch, consisting of 0.57 cfs under a total of 1.02 cfs from the South Fork of the Rio Grande River granted to the Church ditch under priorities no. 216 as of May 31,1881, and 360 as ofJuly 31,1889, and by causing the water to which their share of the Church Ditch was entitled to remain in the river. Applicants were given credit for 2i. i3 acre feet per year of consumptively used water by the decree in 82 CW 177, 11.49 acre feet per year o(which was dedicated to the uses covered by the plan for augmentation. 8. The applicants propose to dedicate more of the water made available by the dry-up and bypass of the augmentation plan approved in 82 CW 177 to the uses of the Foothills Estates No. 2 subdivision. As that subdivision has developed, it has become apparent that there is a potential for greater use than was originally contemplated. Specifically, 8 of the 39 residential lots contemplated as single family lots have been developed as duplexes; residential occupancy rates appear to have increased such that approximately 50% of the residents are full-time residents, and 50"/0 of the residents arc 50% time residems, resulting in a net residential occupancy rntc of i 5%; and there appears to be greater need for hotel/motel accommodations, resulting in a need to dedicate sufficient water for two additional motels, over and above the two already in existence under the plan. 9. The water requirements for the subdivision as set forth above, and for which this amendment is sought, are as set forth in Table I, attached to and explicitly made a part of this Report and Ruling. 10. The total amount of Church Ditch water dedicated to the Foothills Estates No.2 . subdivision and lots 17, 18, 19,20 and 21, Block I, Foothills Estate No. I under this a\nended 4