Public Notices 5/15/14






    Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of April, 2014, for Archuleta County and Mineral County.

    13CW3032 Bootjack Ranch, LLC, 12500 E. Hwy. 160, Pagosa Springs, CO 81147, Telephone: (970) 264-7280. Please send all pleadings and correspondence to Applicants counsel: Wayne F. Forman and John A. Helfrich, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 220, Denver, CO 80202; Phone Number: (303) 223-1100; Fax Number: (303) 223-1111; Email:, FIRST AMENDMENT TO APPLICATION FOR SURFACE WATER RIGHT, UNDERGROUND WATER RIGHT, WATER STORAGE RIGHT, CHANGE OF WATER RIGHT AND PLAN FOR AUGMENTATION. IN MINERAL COUNTY. (1) This First Amendment to Application adds Chipper’s Lake as a source of replacement water to the plan for augmentation. This First Amendment relates only to Section F.2 and F.3.b of the original Application. All other provisions of the original Application remain unchanged. (2) Chipper’s Lake is located on Applicant’s property and was decreed a conditional storage right of 8.0 acre feet for augmentation purposes in Case No. 04CW97. The augmentation water provided by Chipper’s Lake will cover potential augmentation obligations in the reach of the West Fork of the San Juan River from the headgate of the Phillipps Ditch to the outlet of Oxbow Lake. (3) Sections F.2 and F.3.b of the original Application are changed as shown by the underlined text below: (F.) Plan for Augmentation. 1. Structure to be Augmented: Oxbow Lake, described above in paragraph C.1. 2. Water rights that will be used for augmentation: Phillipps Ditch – Oxbow Enlargement, described above in paragraph B, Oxbow Augmentation Pond, described above in paragraph D.2., and dry-up credits from the Phillipps Ditch described above in paragraph E, and Chipper’s Lake, decreed for augmentation use in Case No. 04CW97. 3. Statement of Plan for Augmentation. a. Purpose. The purpose of this plan for augmentation is to offset out-of-priority depletions from Oxbow Lake, which will be used as a trout pond and for recreational, firefighting and stock watering purposes. It is the Applicant’s position that augmentation water need only replace evaporation from Oxbow Lake during periods of administration and when the level of impounded surface water diverted into the lake under the Phillipps Ditch-Oxbow Enlargement water right drops to the level of exposed ground water. b. Replacement Requirements. The active capacity of the Augmentation Pond will be approximately 15 acre feet, which will provide sufficient volume to fully replace all depletions from evaporation and stock watering and all Phillipps Ditch delayed return flow obligations in the event of a senior call. Chipper’s Lake, which has a capacity of 8.0 acre feet, can deliver replacement water above the headgate of the Phillipps Ditch to replace out-of-priority depletions in the reach of the West Fork from the headgate of the Phillipps Ditch to the outlet of Oxbow Lake. (4 pages)

    14CW3011 APPLICATION FOR CHANGE OF WATER RIGHT – CHANGE IN SURFACE POINT OF DIVERSION, San Juan River, Applicant: Donald L. Weber Trust dated August 5, 1999 and Kathryn L. Weber Trust Dated August 5, 1999, by Nancy Agro, 700 Main Avenue, Suite K, Durango, Co 81301, (970) 422-2024. Decreed water right for which change is sought: Case Number W0018, Ruby Masco Ditch (Previously Laughlin #2 Ditch transferred to the Ruby Masco Ditch), Date of original and all relevant subsequent decrees: Case No: W0018 Court: Water Division 7, Legal description of structure as described in most recent decree that adjudicated the location: Transferred to the Ruby Masco Ditch (Ditch No. 158) located on the South Bank of the San Juan River in the SW/4 of the NE/4 of Section 28 at a point which is 18.00’ E. 767 feet from the center one quarter corner of Section 28, T36N, R1W, Decreed source of water: San Juan River, Appropriation Dates: 06-10-1896 and 12-31-1899, Total amount decreed to structure: 0.25 cf.s. District Priority #55 & 97, 0.25 c.f.s District Priority #57a & #115, Absolute, Decreed use or uses: Irrigation, Amount of water that applicant intends to change: 0.50 c.f.s., This is a change in point of diversion from the Ruby Masco Ditch to the Ruby Masco Pump because the original point of diversion was obliterated by the highway construction below the headgate of the original ditch. Applicant has already moved 1.0 c.f.s. of water to the Ruby Masco Pump from the Ruby Masco Ditch for this same reason, decreed in 03CW 32. This 0.5 c.f.s was omitted from the application. Applicant is not requesting a change in type of use or place of use by this Application. Location of the new surface point of diversion: NW/4 SW/4 of Section 28, Township 36 North, Range 1 West, NMPM, Archuleta County, Colorado, 2675 feet from the North section line and 1270 feet from the West Section line, at which point a pump is installed in the San Juan River, which already diverts 1.0 c.f.s. of water pursuant to change decree in case number 03CW32, Northing (UTM Y): 4132920 Easting (UTM x): 326140.3. (7 pages)


    YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of June, 2014, to file with the Water Clerk, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.

    (Filing fee: $158.00; Forms are available through the Office of the Water Clerk or on the Judicial site at; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)

    Published: before May 31, 2014Original Signature on file

    Danene M. Etz, Water Court Specialist

    Published May 15, 2014 in The Pagosa Springs SUN.



    The first reading of Ordinance No. 811 (Series 2014) was completed at the Pagosa Springs Town Council Meeting held on May 6, 2014 at 5:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 811, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS GRANTING A SANITARY CONVEYANCE EASEMENT TO THE PAGOSA SPRINGS SANITATION GENERAL IMPROVEMENT DISTRICT ACROSS UNSUBDIVIDED PROPERTY OWNED BY THE TOWN ALONG AND ADJACENT TO TRUJILLO ROAD LOCATED IN SECTION 26 OF TOWNSHIP 35 NORTH RANGE 2 WEST, NEW MEXICO PRINCIPAL MERIDIAN. Violation of this Ordinance is subject to enforcement and punishment pursuant to Article 3, Chapter 1 of the Pagosa Springs Municipal Code, including Section 1.3.3. providing for a fine not to exceed $1,000, or incarceration for not to exceed 1 year, or both. The full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

    Published May 15, 2014 in The Pagosa Springs SUN.



    Estate of Richard Grant Girardin, Deceased

    Case No. 2014PR30027

    All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Archuleta County, Colorado on or before September 19, 2014, 2014, or the claims may be forever barred.

    Jerry F. Venn

    PO Box 246

    Pagosa Springs, CO 81147

    Published May 15, 22 and 29, 2014 in The Pagosa Springs SUN.



    Separate sealed BIDS for the 2014 Lake Forest Pedestrian Trail will be received by the Pagosa Lakes Property Owners Association (PLPOA) at the office of Davis Engineering Service, Inc. located at 188 South 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147, until 2:00 P.M. local time on June 5, 2014, and then at said office publicly opened and read aloud.

    The project consists of constructing approximately 2,000 linear feet of asphalt pedestrian trail along Lake Forest Circle from Fish Cove Court to the northerly intersection with Wilderness Circle. The project will include excavation, embankment, subgrade preparation, drainage structures, aggregate base course placement, and asphalt trail construction. Awarded project quantities may be adjusted to meet PLPOA budget.

    Copies of the CONTRACT DOCUMENTS may be obtained on or after May 19, 2014, at the office of Davis Engineering Service, Inc. located at the address mentioned above, upon payment of $60.00 for each set. No refund will be made for returned copies.

    A mandatory pre-bid conference and inspection trip for prospective Bidders will be held at the office of Davis Engineering Service, Inc. (phone number (970) 264-5055), located at the address mentioned above, at 2:00 P.M. local time on May 29, 2014.

    Date: May 15, 2014

    Published May 15 and 22, 2014 in The Pagosa Springs SUN.