DISTRICT COURT, WATER DIVISION 7,
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 the resume of all water right applications filed in the Office of the Water Clerk during the month of April, 2016, for Archuleta County.
16CW3011 ARCHULETA COUNTY. Application for Finding of Reasonable Diligence 1. Applicant Information: San Juan Water Conservancy District (“SJWCD”) 46 Eaton Drive, Suite #5 P.O. Box 4632 Pagosa Springs, Colorado 81147 2. Name of Structure: The name of the structure associated with this water right is Dry Gulch Reservoir. 3. Description of Conditional Water Right: Original Decree. This water right was originally awarded on December 19, 1968 in Case No. 73-308D by the District Court for Archuleta County. Subsequent Decrees. Findings of reasonable diligence were made and the Dry Gulch Reservoir water storage right has been granted continued conditional viability for successive diligence periods by this Court in the following prior cases: Case No. W-200 (October 29, 2979), Case No. 84CW64 (May 31, 1985), Case No. 88CW52 (April 24, 1989), Case No. 94CW52 (July 19, 1995), and Case No. 01CW41 (September 27, 2002). The most recent Decree granting continued diligence was issued on April 23, 2010, Case No. 2008CW68, District Court, Water Division No. 7. Location. The storage reservoir will be located on Dry Gulch in Sections 4, 5, 8, and 9 of Township 35 North, Range 1 West, N.M.P.M. The intersection of the proposed dam axis with the centerline of the channel of Dry Gulch is located at a point whence the south 1/4 corner of Section 8, Township 35 North, Range 1 West, N.M.P.M. bears south 09°13’ west, a distance of 5724.0 feet. A map providing the general location of the reservoir is attached hereto as Exhibit A. This map is provided for informational purposes only and is not intended to be a final or binding description of the reservoir location. The source of the water for Dry Gulch Reservoir is the West Fork, East Fork, and other tributaries of the San Juan River. This 6,300 acre feet conditional water right is administered with an appropriation date of July 22, 1967. The decreed uses for this water right are industrial, domestic, municipal, recreation and piscatorial purposes. This water right is not associated with a well. 4. Actions Taken Towards Completing Appropriation: Engineering for Permitting and Planning. SJWCD incurred costs of approximately $7,696.64 during the diligence period for engineering analyses and master planning efforts concerning projected water demands within the SJWCD service area and the structural options for meeting such demand. Cloud Seeding Program. SJWCD expended annual amounts totaling more than $10,950.00 for cooperative funding of cloud seeding initiatives within the San Juan River watershed. Such initiatives were also funded by other water resources development agencies in the region. Structural Improvements. Costs of approximately $5,583.00 were incurred for improvements to ditches and streams during the diligence period. This cost includes $4,000.00 SJWCD expended in a cost-sharing arrangement with the Colorado Division of Water Resources for a gauging station to be built at the East Fork of the San Juan River. SJWCD Water Information Program. SJWCD incurred annual costs during the diligence period totaling approximately $9,258.02 as its contribution to the regional Water Information Program conducted annually by the Southwestern Water Conservation District. The Water Information program provides public education on water conservation, water resources development and related topics. Dry Gulch Project Water Right, Engineering and Permitting Activities. SJWCD expended money on legal, engineering and permitting activities in cooperation with the Pagosa Area Water and Sanitation District (“PAWSD”) for establishing water rights, project planning and design, and initiating the permitting process for the proposed Dry Gulch Project. Total costs expended on these activities during the diligence period totaled approximately $72,942.77. Dry Gulch Project Land Acquisition. In September 2007, SJWCD obtained grant money from the Colorado Water Conservation Board (“CWCB”) totaling $1,000,000 and expended that amount in addition to PAWSD’s contribution of its own CWCB loan for the purchase of the Running Iron Ranch and related properties that comprise the site of the proposed Dry Gulch Project. During the diligence period, SJWCD has paid $88,791.00 to CWCB for interest incurred on the loan held by PAWSD. SJWCD has also expended $15,896.72 in legal and consulting fees to pursue a land exchange and special use permit with the U.S. Forest Service and a private party to acquire the remaining land necessary for the project. In January 2016, SJWCD entered into a contract with Western Land Group for professional services to be rendered to facilitate the land exchange. CWCB Loan Restructure Agreement. After the initial CWCB grant to SJWCD and loan to PAWSD, SJWCD worked with PAWSD and CWCB to negotiate restructuring the grant and loan to provide flexibility, security and oversight appropriate to ensure the long term success of the Project. The parties entered into the “Agreement to Restructure Colorado Water Conservation Board Dry Gulch Reservoir Loan Contract Number C150261” on July 22, 2015. Due to a limitation on the incurrence of debt by a state or local government, the parties have also agreed in principle to an Amendment to the Agreement to Restructure Colorado Water Conservation Board Dry Gulch Reservoir Loan Contract Number C150261 that should be finalized in April or May of 2016. SJWCD has spent $47,142.50 in legal and consulting fees in the restructuring process. West Fork Water Rights Protection and Development. SJWCD has also expended $39,135.64 in legal and engineering fees in defending, maintaining, and developing its West Fork Canal and West Fork Reservoir water rights, which it plans to make part of the Dry Gulch project. a. A West Fork Reservoir conditional water right of 36,797 acre feet for industrial, municipal, domestic, recreation, piscatorial and irrigation purposes was originally decreed to SJWCD’s predecessor-in-interest Southwestern Water Conservation District of Colorado on August 23, 1967 in Case No. 73-308D in Archuleta County District Court. The most recent finding of continued diligence for that conditional right was decreed on June 18, 2015 in Case No. 2011CW17, La Plata County District Court, Water Division 7, with a continuation of a 24,000 acre feet conditional water right, 11,797 acre feet of the original decree being abandoned. b. A West Fork Canal conditional water right of 70 cfs for irrigation, industrial, and municipal purposes was originally decreed to SJWCD’s predecessor-in-interest Southwestern Water Conservation District of Colorado on December 19, 1968 in Case No. 73-308D, in Archuleta County District Court. The most recent finding of continued diligence for that conditional right was decreed on June 24, 2015 in Case No. 2008CW67, La Plata County District Court, Water Division 7, with a continuation of a 50 cfs conditional water right, 20 cfs of the original decree being abandoned. c. SJWCD plans to make these conditional rights part of the Dry Gulch Reservoir project at a later date and has continued to maintain such rights for that purpose. 5. Claim to Make Absolute: The Applicant does not seek to make any of this conditional right absolute. 6. Name of Underlying Landowner: The Applicant is a co-owner of the land underlying the structures at issue herein. Other relevant landowners are listed below and will be notified of this Application. 1. Pagosa Area Water and Sanitation District, P.O. Box 4610, 100 Lyn Avenue, Pagosa Springs, Colorado 81157. 2. United States Forest Service, Rocky Mountain Region, 740 Simms Street, Golden, Colorado 80401; United States Forest Service, San Juan National Forest, 15 Burnett Court, Durango, Colorado 81301. 3. Kurt William Laverty, 2197 E Highway 160, Pagosa Springs, Colorado 81147. 7. Other Pertinent Information: CWCB and PAWSD, parties with significant interest in the success of the Dry Gulch Reservoir project, have provided letters to SJWCD in support of this diligence application. (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 June, 2016, 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 May 31, 2016 Original Signature on file
Danene M. Etz, Water Court Specialist
Published May 12, 2016 in The Pagosa Springs SUN.
BOARD OF COUNTY COMMISSIONERS HEARING ON May 17
C&J Gravel Products, Inc, of Durango, Colorado, represented by Nathan Barton, Wasteline, Inc., have applied for a Major Sand & Gravel Permit for the proposed Two Rivers Pit, to be located on property owned by the James A. Constant Jr Revocable Trust and Leila B. Constant Revocable Trust; at 12500 County Road 500, Pagosa Springs, CO.
C&J Gravel have requested a continuance of the public hearing scheduled before the Archuleta Board of County Commissioners on May 17, 2016, at 1:30 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Comments regarding this proposal may be submitted to the Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to Planning@archuletacounty.org.
Published May 12, 2016 in The Pagosa Springs SUN.
NOTICE OF SAN JUAN BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROPOSED BUDGET
Notice is hereby given that a proposed budget has been submitted to the membership of the San Juan Board of Cooperative Educational Services for the budget year beginning July 1, 2016 and has been filed in the office of the San Juan Board of Cooperative Educational Services where it is available for public inspection during regular business hours. Such proposed budget will be considered for adoption at the regular meeting of the said Board of Cooperative Educational Services at Durango School District 9R, 201 East 12th Street, Durango, CO on May 12, 2016, at 5:30 p.m. Any person paying school taxes in the member districts of the San Juan Board of Cooperative Educational Services may, prior to the final adoption of the budget, file or register objections thereto.
San Juan Board of Cooperative Educational Services
Mary Rubadeau, Executive Director
Published May 12, 2016 in The Pagosa Springs SUN.