Public Notices 05/11/2017

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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 April, 2017, for Archuleta County and Mineral County.

17CW3013 MINERAL AND ARCHULETA COUNTIES, WATER DIVISION 7: 1) Applicant: DFM East Fork LLC, DTM East Fork LLC, TEM East Fork LLC, KMS East Fork LLC, c/o Tom McCarthy, 575 Anton Boulevard, Suite 350, Costa Mesa, California 92626; 2) Attorneys: Adam T. Reeves and Jeffrey M. Kane, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Type of Application: To Make Absolute; 4) Structure: Borrow Pond, decreed in Case 86CW57 (93CW46; 01CW08, 08CW77) for 25.0 AF Conditional; 5) Basin: East Fork of San Juan River; 6) Location: Center of the Pond located NW¼NW¼ of Section 34, T37N, R2E, N.M.P.M., at a point whence the NW corner of Section 34 bears North 37º West a distance of 1,070 feet.; 7) Use: Aesthetic, recreation, fish and wildlife propagation and natural evaporation losses; 8) Well Permit #: 3125-F; 9) Remarks: Borrow Pond is an off-channel reservoir with no dam and no inlet or outlet structure. The capacity of the Pond is 25 acre-feet and its surface area is 3 acres. The Pond is hydrologically connected to the alluvial aquifer of the East Fork of the San Juan River, which is its only source of water, except for a minor interception of surface runoff and rainfall. The only consumptive use associated with the Pond is natural evaporation losses, which are replaced pursuant to an augmentation plan decreed in Case No. 86CW57; 10) Steps to perfect appropriation during diligence period: Applicants filled Borrow Pond to its capacity. (4 pages)

17CW3014 Pagosa Area Water and Sanitation District, Drawer 4610, Pagosa Springs, CO 81157, (970) 731-2691, through counsel Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Lakewood, CO 80215, (303) 986-1551, APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR DECREED CONDITIONAL WATER RIGHT in ARCHULETA COUNTY. 2. Name of Structure: San Juan River Intake. 3. Description of the conditional water rights: (a) Original Decree: November 14, 1984, Case No. 1983CW145, District Court, Water Division No. 7, Findings and Ruling of the Referee and Decree of the Water Court in the Matter of the Application for Water Rights of the Pagosa Area Water and Sanitation District; (b) Most Recent Decree Granting Continued Diligence and Partial Perfection: April 29, 2011, Case No. 2008CW62, District Court, Water Division No. 7, Findings of Fact, Ruling of the Referee, Conclusions of Law, Judgment and Decree of the Water Court in the Matter of the Application for Water Rights of the Pagosa Area Water and Sanitation District, made absolute 1.52 cfs and granted continued diligence for the remaining 15.06 cfs; (c) Location of Alternate Points of Diversion: (1) near the west bank of the San Juan River, at a point bearing North 65º 17’ 33” East, 1177.8 feet from the southwest corner of Section 36, Township 35 North, Range 2 West, N.M.P.M. in the County of Archuleta, State of Colorado, and (2) near the east bank of the San Juan River, at a point bearing North 89º 27’ 32” East, 548.5 feet from the southwest corner of Section 36, Township 35 North, Range 2 West, N.M.P.M. in the County of Archuleta, State of Colorado; (d) Source: San Juan River and its tributaries; (3) Appropriation Date: December 19, 1983; (f) Amount: 15.06 cfs, CONDITIONAL; (g) Uses: direct flow or storage for all municipal, commercial, industrial, domestic, irrigation, recreation, piscatorial, wildlife propagation, and all other municipal uses; 4. Outline of work done and funds expended by Applicant during the relevant diligence period toward completion of the appropriation: the following work related to the PAWSD integrated municipal water system during the diligence period (August 29, 2008 through April 30, 2017 was done, all or in part, toward perfection of Applicant’s ownership interest in the water rights and in the further development of the specific structures integral to the San Juan River Intake water right originally decreed in Case No. 83CW145; (a) during the diligence period, PAWSD invested in capital projects and performed substantial work in the development and improvement of its integrated municipal water system, including the San Juan River Intake. Specific projects and expenses are listed as follows: Raw Water Ditch System Maintenance and Monitoring: $30,200; Water System Master Planning: $263,003; Water Conservation Program: $230,901; San Juan Pipeline and Pumps Maintenance and Improvements: $164,179; Lake Forest to San Juan Water Treatment Plant Facilities and Magnetic Ion Exchange Pretreatment System for the San Juan Water Treatment Plant: $4,601,207; Dry Gulch Project: $330,980; Helium Leak Detection and Meter Upgrades in District’s distribution system: $819,745; Cloud Seeding: $2,400, for a total of $6,442,615; (b) during the diligence period, PAWSD expended approximately $58,000 in legal fees and costs for defending and maintaining the District’s water rights that divert at the San Juan River Intake location in water court adjudications initiated by PAWSD and others, to facilitate agreements for use of the water diverted, and related activities. (4 pages)

17CW3018 ARCHULETA COUNTY, WATER DISTRICT NO, 78: 1) Applicants: Alan and Barbara Sackman, 13211 West Highway 160, Pagosa Springs CO 81147 (970)731-5657; 2) Attorneys: Adam T. Reeves and Jeffrey M. Kane, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Application to Make Absolute and for a Finding of Reasonable Diligence; 4) Water Rights: Originally decreed Case No. 04CW64: a) Alan’s Lake Ditch: Approp. Date: June 30, 2003; Location: SE/4SW/4 of Sec. 5, T34N, R3W, N.M.P.M., 3,670 feet from the E section line and 150 feet from the S section line; Uses: Evaporation, fishery, stock water and recreation, flow through Alan’s Lake/Well; Source: Devil Creek; Amount: 2.0 cfs, conditional; b) Alan’s Lake/Well: Approp. Date: June 30, 2003; Location: SE/4NE/4 Sec. 7, T34N, R3W, NMPM, 3,280 feet from S and 100 feet from E section lines; Surface area: 1.8 acres (at time of Original Decree), up to 6.0 acres, after additional gravel mining; Uses: During gravel mining: commercial, including gravel mining; After gravel mining: evaporation, fishery, stock water and recreation; Source: During gravel mining: groundwater; After gravel mining: groundwater and pass through via Alan’s Lake Ditch at a filling rate of up to 2.0 cfs; Amount: 0.11 cfs, conditional; Well permit: application pending; Evaporation rates and the replacement of out-of-priority diversions from Alan’s Lake/Well are described in Paragraph 6 of the Original Decree; c) Elk Park Lake: Originally decreed Case No. 03CW03, augmentation use added Case No. 04CW64; Approp. Date: Oct. 1984 (stockwater, wildlife, fishery); Aug. 27, 2004 (augmentation); Location: SE/4NE/4, Sec. 7, T34N, R3W, NMPM, 1,800 feet from the N section line and 1,000 feet from the E section line; Surface area: 0.81 acres; Uses: stockwater, wildlife and fishery, Absolute; augmentation, Conditional; Amount 4.0 AF; Source: Runoff and Iron Springs Seep Area, tributary to Devil Creek; d) Lower Elk Spring Pond: Originally decreed in Case No. 03CW03; Approp. Date: Jan. 23, 2003 (Stockwater and wildlife); Aug. 27, 2004 (augmentation and exchange); Location: NW/4NW/4 Sec. 8, T34N, R3W, NMPM, 900 feet from N and 300 feet from W section lines; Surface area of high water line: 0.08 acres (65 feet in diameter); Uses: stockwater and wildlife, Absolute; augmentation and exchange, Conditional; Amount 0.3 AF; Source: Runoff and overflow from Elk Spring Pond/Well; Remarks: Elk Spring Pond is constructed with a dam and has a gated, low-level outlet pipe; 5) Matters done toward completion or for completion of appropriation and application of water to beneficial use: a) Applicants continued planning, permitting and mining activities to create Alan’s Lake/Well as detailed in the Application; b) Applicants applied for well permits for Alan’s Lake/Well and Elk Spring Pond/Well; c) Elk Park Lake and Lower Elk Spring/Pond filled in priority; 6) Applicants request entry of a decree confirming the perfection of the entirety of the Elk Park Lake and Lower Elk Spring/Pond water rights and a finding of reasonable diligence for the Alan’s Lake Ditch and Alan’s Lake/Well water rights. (6 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, 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 May 31, 2017 Original Signature on file

Danene M. Etz, Water Court Specialist

Published May 11, 2017 in The Pagosa Springs SUN.

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Request for Proposals

The Archuleta County, Colorado Board of County Commissioners will receive proposals until 3:00 pm, May 24, 2017 for the provision of Financial Advisory Services to the County in anticipation of potential municipal debt. Proposal packets with detailed instructions are available through the County Administrators office, and can be acquired by contacting Flora Goheen, fgoheen@archuletacounty.org, or at 970-264-8300.

Published May 11, 2017 in The Pagosa Springs SUN.

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