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June 27, 2017 COLORADO Division of Water Resources Department of Natural Resources Daniel I. Hernandez Senior Environmental Protection Specialist Colorado Division of Reclamation and Mining Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Bond Release Request SL -19, The New Horizon Mine, DRMS Permit No. C-1981-008 Dear Mr. Hernandez: I have reviewed your June 14, 2017 letter to me requesting assistance with Mr. Jim Guire's claims relative to the restoration of the Meander Ditch priority Nos. 267 and 314 based on the information Mr. Guire provided to DRMS in support of his claims. We are also in receipt of that material and have reviewed it as well. First, I must clarify that we do not keep track of ownership of decreed water rights. However, we do keep track of the decrees themselves and conduct our day to day water administration based on the current status of the water decrees. In this situation, the water court application filed in case number W-747 was filed by the applicant to clarify erroneous information presented in the original application and decree for the Meander Ditch in Civil Action 4641 and to accordingly correct the point of diversion for all vested water rights decreed to the Meander Ditch. Please see the enclosed map showing the original points of diversion and associated lands in which the irrigated acres were contained under the decree in C.A. 4641, and the now -existing point of diversion for the Meander Ditch and the associated land to be irrigated described in the W-747 application as being located in the W1 /2 of the SE1 /4 of Section 6, T46N, R1 5W, N.M.P.M.. You have inquired as to whether Mr. Guire is the "owner of a vested water right" relative to the Meander Ditch. A "water right" is defined by statute as "a right to use in accordance with its priority a certain portion of the waters of the state by reason of the appropriation of the same." 5 37-92-103(12), C.R.S. (2016). An "appropriation" is "the application of a specified portion of the waters of the state to a beneficial use pursuant to the procedures prescribed by law." 5 37-92-103(3)(a), C.R.S. (2016). Whether a water right has been vested through an appropriation is determined solely by the water court, which confirms but does not grant vested water rights. When confirming a vested water right by decree, the water court establishes its priority based on the appropriation date and the year of the water court application. The Division of Water Resources has no record of an existing, decreed, vested water right relative to the Meander Ditch for use on Mr. Guire's property neither under the water right priorities mentioned in your letter nor under any other priorities. I understand Mr. Guire has produced a map and filing statement for a claimed 1909 appropriation for 0.86 cfs for the Ot' C of Water Division 4 1 Main Office I P.O. Box 456 (2730 Commercial Way) Montrose • CO 81402 • P 970.249.6622 • F 970.249.8728 E3 yo www. water. state. co. us , ;*