Public Notices 07/09/2015

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DISTRICT COURT, WATER DIVISION 7, COLORADO

WATER RESUME

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7

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 June, 2015, for Mineral County and Archuleta County.

15CW3021 Bootjack Ranch, LLC, 12500 East Highway 160, Pagosa Springs, CO 81147, Telephone: (970) 264-7280. Please send all pleadings and correspondence to Applicant’s counsel: Wayne F. Forman and John A. Helfrich, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, CO 80202, Telephone: (303) 223-1100, Fax: (303) 223-1111, Email: wforman@bhfs.com; jhelfrich@bhfs.com. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE in Mineral and Archuleta Counties. (1) Name of Structures. (a) Wolf Creek Village Well No. 1. (i) Date of original decree: June 16, 2009; Case No. 04CW97; District Court, Water Division No. 7. (ii) Subsequent decree: none. (iii) Legal Description: NE¼NE¼NE¼, Section 20, T.37N., R.1E., N.M.P.M., 319 feet from the North Section line and 132 feet from the East Section line. See Figure 1. (iv) Source: Groundwater tributary to Wolf Creek, a tributary to the West Fork of the San Juan River (hereinafter the “West Fork”). (v) Appropriation Date: December 30, 2004. (vi) Amount: 0.445 c.f.s. (200 g.p.m.), not to exceed 320 acre feet, Conditional, including the existing right decreed in Case No. 80CW220 for 0.066 c.f.s. (30 g.p.m.), up to 6.45 acre feet per year. This appropriation is for 170 g.p.m. until the more senior right reaches its volumetric limit of 6.45 acre feet per year, at which time withdrawals under this right will equal 200 g.p.m. (vii) Use: Stock watering and supplemental irrigation of 60 acres generally in the SE¼ of Section 17, T.37N., R.1E., N.M.P.M., and 11 acres around Bootjack Lodge and Chipper’s Lake, as shown on Figure 1, in combination with the Dermody Pump. (viii) Depth: 107 feet; Permit No.: 65633-F. (b) Well WS-5. (i) Date of original decree: June 16, 2009; Case No. 04CW97; District Court, Water Division No. 7. (ii) Subsequent decree: none. (iii) Legal Description: NW¼NE¼SW¼, Section 32, T.37N., R.1E., N.M.P.M., 2,135 feet from the South section line and 1,760 feet from the West section line of Section 32. See Figure 1. (iv) Source: Groundwater tributary to the West Fork. (v) Appropriation Date: December 30, 2004. (vi) Amount: 0.89 c.f.s. (400 g.p.m.), not to exceed 237.5 acre feet, Conditional. (vii) Use: Supplemental irrigation of 100 acres located in the W½ of Section 32, T.37N., R.1E., N.M.P.M., lying east of the West Fork. Applicant may not demand use of water under this right if sufficient water is available from ditches supplying the tracts of land shown as irrigated on Figure 1. See Figure 1. (viii) Depth: 67.5 feet; Permit No.: 61415-F. (c) Front Gate Well. (i) Date of original decree: June 16, 2009; Case No. 04CW97; District Court, Water Division No. 7. (ii) Subsequent decree: none. (iii) Legal Description: SE¼NE¼SW¼, Section 29, T.37N., R.1E., N.M.P.M., 1,700 feet from the South section line and 2,100 feet from the West section line. See Figure 1. (iv) Source: Groundwater tributary to the West Fork. (v) Appropriation Date: December 30, 2004. (vi) Amount claimed: 0.89 c.f.s. (400 g.p.m.), not to exceed 220 acre feet, Conditional. (vii) Use: Domestic, livestock watering and supplemental irrigation of 47 acres of lawns and gardens and pasture located in the SE¼SW¼ of Section 29, T.37N., R.1E., N.M.P.M. by the 1998 priority of the Chapson-Howe Ditch water right. Applicant may not demand use of water under this right if sufficient water is available from ditches supplying the tracts of land shown as irrigated on Figure 1. See Figure 1. (viii) Depth: 140 feet; Permit No.: 64434-F. (d) Dermody Pump Use Enlargement. (i) Date of original decree: June 16, 2009; Case No. 04CW97; District Court, Water Division No. 7. (ii) Subsequent decree: none. (iii) Legal Description. NW¼SE¼NE¼, Section 20, T.37N., R.1E., N.M.P.M., 1,809 feet from the North section line and 980 feet from the East Section line. See Figure 1. (iv) Source: Groundwater tributary to Wolf Creek, tributary to the West Fork. (v) Appropriation Date: November 30, 2005. (vi) Amount: 0.4 c.f.s. (180 g.p.m.), not to exceed 205 acre feet, Conditional. (vii) Uses: Supplemental irrigation of 60 acres in the SE¼ of Section 17, T.37N., R.1E., N.M.P.M., and 11 acres around Bootjack Lodge and Chipper’s Pond, as shown on Figure 1, in combination with the Wolf Creek Village Well No. 1. (viii) Depth: 14 feet (gallery-type well); Permit No.: 64625-F. (e) Brown Spring. (i) Date of original decree: June 16, 2009; Case No. 04CW97; District Court, Water Division No. 7. (ii) Subsequent decree: none. (iii) Legal Description: NW¼NW¼NW¼, Section 29, T.37N., R.1E., N.M.P.M. See Figure 1. (iv) Source: Unnamed draw tributary to the West Fork, located 275 feet from the North section line and 595 feet from the West section line of Section 29. (v) Appropriation Date: July 29, 1998. (vi) Amount Claimed: 0.99 c.f.s. (446 g.p.m.) Conditional. (vii) Use Enlargement: Natural irrigation of 5 acres together with uses previously decreed to this structure in connection with the use of Michael’s Lake decreed in Case No. 98CW88. See Figure 1. (f) Phillipps Ditch – Brown Enlargement. (i) Date of original decree: June 16, 2009; Case No. 04CW97; District Court, Water Division No. 7. (ii) Subsequent decree: none. (iii) Legal Description: Headgate of the Phillipps Ditch is located on the west bank of the West Fork, at a point 1,200 feet southwesterly from the center of Section 29, T.37N., R.1E., N.M.P.M., Mineral County. The water for the Brown Enlargement is diverted from an un-named tributary that crosses the Phillipps Ditch and which is located on the west bank of the Phillipps Ditch where the un-named draw, tributary to the West Fork of the San Juan River, crosses the ditch in the SW¼NE¼SW¼, Section 29, T37N, R1E, NMPM, being 2,400 feet from the South section line and 1,900 feet from the West section line of said Section 29. See Figure 1. (iv) Source: Unnamed draw tributary to the West Fork. (v) Appropriation Date: December 30, 2004. (vi) Amount: 1.0 c.f.s. (450 g.p.m.), Conditional. (vii) Uses: Year-round firefighting and irrigation of an additional 41 acres above the Phillipps Ditch in conjunction with Brown South Well in the W½ of Section 29, T.37N., R.1E., N.M.P.M. See Figure 1. (g) DJ’s Lake (f/k/a Village Lake Reservoir). (i) Date of original decree: June 16, 2009; Case No. 04CW97; District Court, Water Division No. 7. (ii) Subsequent decree: none. (iii) Legal description: Section 20, T.37N., R.1E., N.M.P.M.; 400-1,000 feet south of the North section line and 50-350 feet west of the East section line. The outlet of the reservoir is located in the SW¼NE¼NE¼, Section 20, T37N, R1E, NMPM, being 945 feet from the North section line and 865 feet from the East section line of said Section 20. See Figure 1. (iv) Source: Wolf Creek, a tributary to the West Fork. (v) Appropriation Date: December 30, 2004. (vi) Amount: 20.0 AF, with right to successively refill in priority, Conditional. (vii) Use: Augmentation. (h) Chipper’s Lake. (i) Date of original decree: June 16, 2009; Case No. 04CW97; District Court, Water Division No. 7. (ii) Subsequent decree: none. (iii) Legal Description: NE¼NE¼NE¼, Section 20, T.37N., R.1E., N.M.P.M., 545 feet from North Section line and 235 feet from East Section line. See Figure 1. (iv) Sources: Groundwater tributary to Wolf Creek, tributary to the West Fork via Wolf Creek Village Well No. 1 and surface water pumped from Wolf Creek via Chipper’s Lake Pumping Station, which is located in the NE¼NE¼NE¼ of Section 20, T.37N., R.1E., N.M.P.M, 270 feet from North Section line and 290 feet from East Section line. (v) Appropriation Date: December 29, 2006. (vi) Amount: 8.0 acre feet, Conditional. (1) Fill Rate: 0.445 c.f.s. (200 g.p.m.) via Wolf Creek Village Well No. 1, and/or 1.0 c.f.s. (450 g.p.m.) via Chipper’s Lake Pumping Station, with the right to fill and refill in priority. (vii) Use: Augmentation, piscatorial. (2) Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant, Bootjack Ranch, LLC, purchased Bootjack Ranch and all associated water rights, including the above described water rights, from Koinonia, LLC (“Koinonia”) on April 21, 2010. Koinonia and Applicant undertook activities toward completion of the appropriation and application of water to beneficial use during the diligence period, including but not limited to the following: (a) Koinonia and Applicant spent more than $465,000 on engineering and technical consultants, construction, testing and operational activities on Wolf Creek Village Well #1, Front Gate Well, Well WS-5, Dermody Pump Use Enlargement, Chipper’s Lake and DJ’s Lake. (b) Koinonia and Applicant spent more than $228,000 on legal fees to protect the Ranch’s integrated water rights and to prosecute an application for findings of reasonable diligence in Case No. 10CW71. (3) Claims to make conditional water rights absolute: Water was applied to beneficial use for each structure listed below in the place and manner described. The place of beneficial use is shown on Figure 1. (a) Wolf Creek Village Well No. 1. (i) Date water applied to beneficial use: June 30, 2009. (ii) Amount: 170 g.p.m. and 222.3 acre feet. (iii) Use: Stock watering and supplemental irrigation. (iv) Place of use: SE¼ of Section 17, T.37N., R.1E., N.M.P.M. See Figure 1. (b) Dermody Pump Use Enlargement. (i) Date water applied to beneficial use: May 1, 2012. (ii) Amount: 0.23 c.f.s. (104.3 g.p.m.). (iii) Use: Supplemental irrigation. (iv) Place of use: SE¼ of Section 17, T.37N., R.1E., N.M.P.M. and around Bootjack Lodge and Chipper’s Pond. See Figure 1. (c) Brown Spring. (i) Date water applied to beneficial use: June 24, 2015. (ii) Amount: 60 g.p.m. (0.13 c.f.s.). (iii) Use: Natural irrigation and flow-through freshening of Michael’s Lake. (iv) Place of use: NW¼NW¼NW¼, Section 29, T.37N., R.1E., N.M.P.M. See Figure 1. (d) Phillipps Ditch – Brown Enlargement. (i) Date water applied to beneficial use: May 2, 2012. (ii) Amount: 0.34 c.f.s. (151 g.p.m.). (iii) Use: Fire fighting and irrigation. (iv) Place of use: W½ of Section 29, T.37N., R.1E., N.M.P.M. See Figure 1.(e) DJ’s Lake (f/k/a Village Lake Reservoir). (i) Date water applied to beneficial use: June 30, 2009. (ii) Amount: 20 acre feet (pursuant to C.R.S. 37-92-103(4)(a)). (iii) Use: Augmentation. (iv) Place of use: Section 20, T.37N., R.1E., N.M.P.M.; 400-1,000 feet south of the North section line and 50-350 feet west of the East section line. See Figure 1. (f) Chipper’s Lake. (i) Date water applied to beneficial use: June 30, 2009. (ii) Amount: 8.0 acre feet; diverted at a fill rate of 0.445 c.f.s. (200 g.p.m.) by Wolf Creek Village Well No. 1 (pursuant to C.R.S. 37-92-103(4)(a)). (iii) Use: Augmentation and piscatorial. (iv) Place of use: NE¼NE¼NE¼, Section 20, T.37N., R.1E., N.M.P.M., 545 feet from North Section line and 235 feet from East Section line. See Figure 1. (4) Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: All structures are located on Applicant’s property. (5) Making the following conditional rights absolute: (a) Wolf Creek Village Well No. 1 for 170 g.p.m. and 222.3 acre feet for stock watering and supplemental irrigation of 60 acres generally in the SE¼ of Section 17, T.37N., R.1E., N.M.P.M., and 11 acres around Bootjack Lodge and Chipper’s Lake. (b) Dermody Pump Use Enlargement for 0.23 c.f.s. (104.3 g.p.m.) for supplemental irrigation of 60 acres in the SE¼ of Section 17, T.37N., R.1E., N.M.P.M., and 11 acres around Bootjack Lodge and Chipper’s Pond. (c) Brown Spring for 60 g.p.m. (0.13 c.f.s.), total, for natural irrigation of 5 acres and flow-through freshening of Michael’s Lake. (d) Phillipps Ditch – Brown Enlargement for 0.34 c.f.s. (151 g.p.m.) for year-round fire fighting and irrigation of an additional 41 acres above the Phillipps Ditch. (e) DJ’s Lake (f/k/a Village Lake Reservoir) for 20 acre feet for augmentation use pursuant to C.R.S. 37-92-103(4)(a). (f) Chipper’s Lake for 8.0 acre feet; diverted at a fill rate of 0.445 c.f.s. (200 g.p.m.) by Wolf Creek Village Well No. 1 for augmentation and piscatorial uses pursuant to C.R.S. 37-92-103(4)(a). (7) Finding that Applicant has been reasonably diligent in the steady application of effort to complete the appropriation of the conditional water rights in a reasonably expedient and efficient manner under the facts and circumstances and continuing the following conditional rights in full force and effect: (a) Wolf Creek Village Well No. 1 for 97.7 acre feet for the uses described in 1(a)(vii), above. (b) Well WS-5 for 400 g.p.m. (0.89 c.f.s.) for the uses described in 1(b)(vii), above. (c) Front Gate Well for 0.89 c.f.s. (400 g.p.m.) for the uses described in 1(c)(vii), above. (d) Dermody Pump Use Enlargement for 0.17 c.f.s. (75.7 g.p.m.) for the uses described in 1(d)(vii), above. (e) Brown Spring for 440 g.p.m. (0.98 c.f.s.) for the uses described in 1(e)(vii), above. (f) Phillipps Ditch – Brown Enlargement for 0.66 c.f.s. (299 g.p.m.) for the uses described in 1(f)(vii), above. (g) Chipper’s Lake for 1.0 c.f.s. (450 g.p.m.) fill rate via Chipper’s Lake Pumping Station for the uses described in 1(h)(vii), above. (11 pages)

THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of August, 2015, 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 www.courts.state.co.us; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)

Published: before July 31, 2015 Original Signature on file

Danene M. Etz, Water Court Specialist

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PLANNING COMMISSION HEARING ON July 22, 2015 

Pagosa Skyrocket Minor Subdivision at 668 US HWY 84 in Pagosa Springs, Co 81147. The property is approximately 95.8 acres currently zoned Agricultural Ranching vacant property. The proposal is to sub divide into two parcels; one 88.285 acres and the second 7.529 acres. The proposal will also re-zone the smaller parcel, Tract B, to C-Commercial zoning.

Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to jshepard@archuletacounty.org prior to the public hearing by the Archuleta County Planning Commission on July 22, 2015 at 6:00 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comments will be taken at the meeting.

Published July 9 and 16, 2015 in The Pagosa Springs SUN.

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