2017-08-21_INSPECTION - M2008082

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f;ric Scott AUguSt 21, 2017 Page 2 photos show the general migration of the seep to its current location over time, the lack of defined pooling of surface water in the drainage area early oil in the aerial sequence and the subsequent large fluctuations in the pooling of surface water in the drainage area once the seep course migrated to its current location. The 1949 and 1953 aerials show no drainage area at all and no ponding. The 1972, 197-S and 1978 aerials show some minimal surface pooling in the drainage area. while the seep course shown in 1949 and 1953 has migrated to (snore or less) its current course. The 1999. 2011 and 2013 aerials sllow the current subdivision configuration. While evidence of pooling in the drainage area is evident. these aerials, the 1970's aerials and the prior supplied 1993, 2004 and 2006 aerials also confirm the fluctuations in pooled water elevations. which confirms the inconstant nature of the prevailing hydrologic balance over time. Copies of the aerials are supplied in Attac•%ment.4 to this letter. Allesbrook Water Right - Abandonment Additional research shows there is a eater right known as the Allesbrook Pump Station identified in Case No. 80C %V292 for the irrigation of 10 acres located north of•drainage area on property owned by harry Colgrove and Avis E. Colgrove. The decree was obtained by William F. and Nelle F. Deason. who preViously owned the 10 acres. The water right pertains to an unnamed "slough tributary to the South Platte River". which we inter to be the Ilolton Seep Ditch. It allows for water to be intercepted "by means of a dam across a slough" in an amount of 1.03 cfs. It precludes groundwater pumping. We can find no record that shows the water right was conveyed by the Deasons to the Colgroves. Bishop-Brogden contacted the water commissioner. Jorge Vidal• regarding the Allesbrook water right. Mr. Vidal confirmed that the water right is on his inactive list and that no diversion records have been submitted for nearly 10 years (i.e., since 2008). Ile also confirmed that this water right is currently scheduled to be included on the 2020 abandonment list. As you may know. the Division of Water Resources prepares an abandonment list every 10 years. A water right may be listed on the abandonment list based on 10 vears of non-use, at which time a presumption of abandonment will attach. Even if not included on the decennial list. abandonment can be proven based on an unreasonable period of non-use. In other words. we are advised that an unreasonable period of•non-use supports the presumption of an intent to abandon from the "overt act" of non-use. We have found no other evidence of water rights holders related to the Holton Seep Ditch. including any evidence to indicate the Ruiz% the Birmingham's or any other neighbors have any water right related to the Holton Seep Ditch.