Public Notices

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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 the resume of all water right applications filed in the Office of the Water Clerk during the month of March, 2017, for Mineral County.

17CW3009 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, 410 17th Street, Suite 2200, Denver, CO 80202, Telephone: (303) 223-1100, fax number: (303) 223-0920; email: wforman@bhfs.com; jhelfrich@bhfs.com. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO 37-92-305(3.6), C.R.S., IN MINERAL COUNTY. A. Decreed Water Right for Which Correction is Sought: 1. Structure: Phillipps Ditch. 2. Original Decree: Case No. CA 165; August 17, 1904; District Court, Archuleta County, Colorado. 3. Legal Description from Original Decree: The headgate of the Phillipps Ditch is located on the west bank of the West Fork of the San Juan River, at a point 1,200 feet southwesterly from the center of Section 29, Township 37 North, Range 1 East, N.M.P.M., Mineral County, Colorado. 4. Source: West Fork of the San Juan River (“West Fork”). 5. Appropriation Date: September 15, 1902. 6. Total Amount Decreed to Structure: 2.5 c.f.s., absolute. 7. Decreed Use: Irrigation. B. Description of Proposed Correction: 1. Statement of correction to an established but erroneously described point of diversion. Applicant learned that the decreed location of the Phillipps Ditch headgate did not correspond to the actual location of the headgate by email communication, dated April 25, 2016, from the Assistant Division Engineer of Water Division No. 7. Based on information and evidence collected since learning of the erroneously described point of diversion, including aerial photographs and interviews of individuals familiar with the historical operation of the ditch, the Phillipps Ditch headgate has been at its current physical location since at least August, 1960. The Phillipps Ditch water right described in paragraph B, above, has been exercised continuously since September 15, 1902, for its decreed irrigation use. 2. Legal description of the corrected point of diversion. The actual location of the headgate of the Phillipps Ditch is described as follows: a. UTM Format: UTM 13 North; NAD83; Northing (Y): 4,142,583; Easting (X): 331,914. UTM Source: Hand-held GPS. b. PLSS Format: NE¼ quarter of the SW¼ quarter, Section 29, Township 37 North, Range 1 East, N.M.P.M.; 2,537 feet from the South section line and 2,285 feet from the West Section line of Section 29, Mineral County, Colorado. PLSS Source: DWR AquaMap. See Figure 1. C. Name and Address of Owner of the Land Upon Which Structure is Located: Applicant: Bootjack Ranch, LLC; 12500 E. Hwy. 160; Pagosa Springs; Colorado 81147. D. Prayers For Relief: 1. Applicant requests a decree that corrects the point of diversion for the Phillipps Ditch to the location described in paragraph C.2., above. 2. Applicant further requests such additional relief as the Court deems necessary and appropriate to further the purposes of the rights requested herein. (4 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 May, 2017, 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 April 30, 2017 Original Signature on file

Danene M. Etz, Water Court Specialist

Published April 13, 2017 in The Pagosa Springs SUN.

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AMENDED AND RESTATED ORDINANCE NO. 17-2016

AN AMENDED AND RESTATED ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, COLORADO, ADOPTING VEHICLE TYPE AND SPEED REGULATIONS FOR CASCADE AVENUE

WHEREAS, Title 42, Article 4, Section 111, C.RS., as amended, authorizes the Board of County Commissioners (Board) reasonable exercise of police power with respect to roads and highways under its jurisdiction; and

WHEREAS, pursuant to §42-4-111(1)(c) and (i), C.R.S., the Board may adopt, by ordinance, laws to regulate traffic by means of Official Traffic Control Devices and alter or establish speed limits; and

WHEREAS, pursuant to §42-4-106(3), C.R.S., the Board, with respect to highways under their jurisdiction, may restrict or prohibit operation of trucks or commercial vehicles on designated highways or may impose limitations as to the weight thereof, which prohibitions and limitations shall be designated by appropriate signs placed on such roads; and

WHEREAS, §30-15-402, C.R.S., as amended, authorizes the Board to execute the penalty assessment procedure provided in §§42-4-1701 and 42-4-1703, C.R.S., and §§42-4-1708 to 42-4-1718 C.R.S. shall apply; and

WHEREAS, uniform speed limits are established in § 42-4-1101, C.R.S., unless traffic investigations or study considering various specified factors justifies a deviation from the established speeds; and

WHEREAS, the speed limits in the remaining areas of Archuleta County conform with the state and federal standards; and

WHEREAS, this Ordinance is adopted in furtherance of the health, safety and welfare of the citizens of Archuleta County.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARCHULETA, STATE OF COLORADO THAT:

Section 1. Title

This Ordinance shall be known as the Cascade Avenue Traffic Regulations.

Section 2. Purpose

This Ordinance is for the purpose of promoting the health, safety and welfare of the citizens of Archuleta County, Colorado by protecting the citizens of Archuleta County by restricting certain vehicles and regulating the speed on Cascade Avenue.

Section 3. Definitions

3.1 “Commercial vehicle” means a vehicle used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise. This shall not apply for purposes of C.R.S. §§42-4-235 and 42-4-707(1).

3.2 “Highways” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state.

3.3 “Local authorities” means every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state. Per Colorado Revised Statute Local authorities have the authority to adopt a resolution or ordinance that imposes limitations such as weight to specific highways within their jurisdiction:

3.4 “Local Traffic” means those commercial or residential vehicles whose purpose on Cascade is the service of those residents and/or properties.

3.5 “Official Traffic Control Devices” means all signs, signals, markings and devices, not inconsistent with the titled, placed or displayed by authority of a public body or official having jurisdiction, for the purposes of regulating, warning or guiding traffic.

3.6 “Vehicle” means any device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks.

Section 4. Access Restriction.

4.1 Local authorities, with respect to highways under their jurisdiction, may also, by ordinance or resolution, prohibit the operation of trucks or commercial vehicles on designated highways or may impose limitations as to the weight thereof, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.

4.2 Cascade Avenue henceforth shall be restricted with the maximum weight restriction set at 24,000 Gross Vehicle Weight (GVW)(12 Tons) for Commercial Vehicles.

Section 5. Speed Limits Established.

The speed limited on Cascade Avenue shall have a speed limit of twenty-five (25) miles per hour.

Section 6. Exception

The Board of County Commissioners specifically exempts emergency vehicles, school buses and those vehicles described in Section 3.4 from the terms of this Ordinance.

Section 7. Violation

7.1 It shall be unlawful for any person to violate any provisions of this ordinance or to disobey any Official Traffic Control Devices referenced herein. The summons and complaint and/or penalty assessment issued to persons for the violation of the ordinance shall be filed in the County Court of Archuleta County, Colorado, and the persons so cited shall be tried in such court. All persons found guilty of violating this ordinance shall be fined pursuant to §§42-4-1701 and 42-4-1703, C.R.S., and §§42-4-1708 to 42-4-1718 C.R.S.

7.2 All fines collected from violation of the provisions of this ordinance shall be directed to the Treasurer of Archuleta County, Colorado who shall deposit said sums in the Archuleta County General Fund.

7.3 The provisions of this ordinance shall be cumulative to the fullest extent permitted by law with respect to all other statutes or ordinances now or hereafter adopted regardless of their order of passage or enactment.

Section 8. Enforcement

The Sheriff of Archuleta County, Colorado and duly authorized deputies of said Sheriff shall be charged with the enforcement of this ordinance.

Section 9. Conflicts

This Ordinance does not conflict with any statute or provisions thereof the State of Colorado.

Section 10. Severability

If any part or parts of this ordinance are for any reason held to be invalid, such provisions shall not affect the validity of the remaining portions of this ordinance.

Section 11. Effective Date

This Ordinance took effect February 3, 2017 and these amendments shall take effect at 12:01 a.m. May 1, 2017.

APPROVED AND ADOPTED IN PAGOSA SPRINGS, ARCHULETA COUNTY, COLORADO, this 4th day of April, 2017, and ordered published in the Pagosa Springs Sun.

Published April 13, 2017 in The Pagosa Springs SUN.

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Public Hearing for Second Reading and Final approval on April 18, 2017 at 1:30 p.m., 398 Lewis Street.

ORDINANCE NO. 18-2017

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARCHULETA, STATE OF COLORADO AN ORDINANCE FOR THE REGULATION OF OPEN BURNING IN THE UNINCORPORATED AREAS OF ARCHULETA COUNTY

Published April 13, 2017 in The Pagosa Springs SUN.

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PUBLIC HEARING

The Town Council for the Town of Pagosa Springs will be holding a public hearing for a Hotel and Restaurant liquor license application for Gone Country Ventures LLC dba Shooters & Shenanigans located at 23 Pike Drive in Pagosa Springs, Colorado. The public hearing will be held on Tuesday May 2, 2017 at 5:00 p.m. in the Town Council Chambers at Town Hall 551 Hot Springs Blvd. All people wishing to comment should be present at that meeting or have written comments in the office of the Town Clerk no later than 5:00 p.m. on April 28, 2017.

Published April 13, 2017 in The Pagosa Springs SUN.

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INVITATION TO BID

Separate sealed BIDS for the Piedra Road Repairs project will be received by the Pagosa Area Water & Sanitation District 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 May 11, 2017, and then at said office publicly opened and read aloud.

The project consists of performing repairs to Piedra Road, approximately ± 2.51 miles northwest from the intersection of U.S. Highway 160. A Contractor is needed to remove and replace existing guardrail, asphalt roadway material, aggregate base course, and subgrade material to facilitate a waterline repair/replacement by the Owner. The work includes, but is not limited to asphalt saw cutting, subgrade preparation, subgrade stabilization, removal and reset of guardrail, asphalt paving, pavement marking, erosion control, seeding, fertilizing, and mulching, traffic control and other items typically associated with embankment and roadway structures.

Copies of the CONTRACT DOCUMENTS and Plans may be obtained on or after April 24, 2017 at the office of Davis Engineering Service, Inc. located at the address listed above, upon payment of $25.00 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 listed above, at 2:00 P.M. local time May 2, 2017. It is anticipated that the project will begin and be completed in May/June 2017.

Date: April 13, 2017

Published April 13 and 20, 2017 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of Chris R. Nelson, Deceased

Case No. 17 PR 30021

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 8, 2017, or the claims may be forever barred.

The Law Firm of Marla C. Underell

101 West 11th Street Suite 104

Durango, CO 81301

Published April 13, 20 and 27, 2017 in The Pagosa Springs SUN.

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