Public Notices 06/15/2017

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Notice to Former Durango Family Medicine Patients Regarding Privacy Incident

Durango Family Medicine, P.C. (DFM) has discovered a breach of protected health information belonging to its former patients. DFM deeply regrets this incident occurred. DFM is committed to protecting the privacy of its patients.

On April 7, 2017, DFM discovered that a portable external hard drive containing copies of DFM’s patient files was missing from the medical office where it was stored. The hard drive has not been located. On August 1, 2012, DFM’s healthcare providers became employees of Mercy Family Medicine. DFM stopped operating and providing clinical services at that time. After that transition and once the electronic medical record database DFM had been using was no longer being supported, DFM saved the information contained on its medical record system onto external hard drives (including the one that is now missing) to preserve the records.

The type of information contained in the records stored on the missing hard drive included DFM’s electronic patient charts. The charts contain patient names, DFM patient ID numbers, dates of birth, addresses, phone numbers, insurance carriers, dates of service, and certain clinical information potentially including medical problem lists, vital signs, diagnoses and medical conditions, allergies, medications, progress notes, admission and discharge notes, operative report notes, lab and/or diagnostic study results, social histories, letters of referral, and consultation notes. The information did NOT include social security numbers, amounts of payment or credit card or bank account information.

DFM is committed to safeguarding its patients’ personal information and has taken immediate steps to enhance the protective measures that were in place prior to this incident. DFM has been investigating this incident to attempt to determine what happened to the missing hard drive. DFM reported the missing hard drive to law enforcement for further investigation. No other items appear to have been taken from the clinic.

As a result of this event, DFM is increasing its efforts to safeguard the other external hard drives containing copies of DFM’s patients’ records. Specifically, DFM encrypted the other hard drives using current advanced encryption technologies and secured the devices in safe deposit boxes. DFM has updated its procedures regarding portable electronic storage devices and each of its owners has reviewed and approved the procedure to further safeguard the electronic records.

Although no credit card or bank account information or social security numbers were involved, DFM is making patients aware of steps patients may promptly take to guard against any potential harm. DFM recommends that patients regularly review and closely monitor financial account statements and any explanation of benefits (EOB’s) from health insurers. If patients identify services that patients did not receive listed on any statements or explanation of benefits, patients should contact the appropriate insurance provider immediately. If patients identify any charges that patients did not authorize on any credit or debit cards, or unauthorized withdrawals from bank accounts, patients should contact the bank or credit card company immediately and follow their procedures to freeze transactions or accounts, obtain new cards, and/or to challenge any unauthorized purchases. Under federal law, patients also are entitled every 12 months to one free personal credit report from each of the three major credit reporting companies. To obtain a free annual credit report, go to www.annualcreditreport.com or call 1-877-322-8228. Patients should also know to report suspected incidents of identity theft or fraud to local law enforcement or to the Attorney General.

DFM is partnering with ID Experts®, a data breach services company, to provide further information to its former patients about this incident. DFM encourages its former patients to contact ID Experts with any questions by calling toll free 866-562-9013 or going to www.myidcare.com/DFM for more information. The toll-free line is available Monday through Friday from 6 a.m. – 6 p.m. Mountain Time.

Published June 15 and June 29, 2017 in The Pagosa Springs SUN.

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BOARD OF ADJUSTMENT HEARING ON July 5th 

Bruce W. & Peggy J. Powers have applied for the Powers Garage Setback Variance, for Lot 10, Block 1, High West Subdivision Unit 11, at 278 Berryhill Dr., Pagosa Springs, CO (PLN17-112). Applicant is requesting to vary from the required 25’ rear setback in the Agricultural/Ranching (AR) zone, to build a new detached garage adjacent to US Forest Service land.

A public hearing will be held by the Archuleta County Board of Adjustment, on Wed. July 5, 2017, at 1:30 p.m. in the County Administration Building, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting, or may be submitted to Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390, Planning@archuletacounty.org.

Published June 15 and 22, 2017 in The Pagosa Springs SUN.

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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 May, 2017, for Archuleta County.

17CW4 Crowley Ranch Reserve Owners’ Association, Blair Watson, PO Box 176, Chromo, CO 81128: Navajo River; Archuleta County; For all structures: Date of original decree, 5/27/11; Case no., 06CW124; Trophy Pond; SE1/4SW1/4SE1/4, Section 12, T32N, R1E, NMPM; 368 feet from South, 1729 feet from East; Easting 340513, Northing 4098492; Natural tributary of Spring Gulch, Navajo River (including natural runoff and surface flows from IR Crowley Well #3 to Trophy Pond via a ditch, runoff in an unnamed natural drainage on the west side of a Hogback, the opposite side of the Hogback from the Navajo River; Appropriation dates, 12/31/70-piscatorial and firefighting, 12/29/06-recreation, livestock and incidental wildlife watering; 6.3 AF; Firefighting, recreation, piscatorial, wildlife watering, direct irrigation and supplement irrigation; Date water applied to beneficial use, 12/31/70 & 12/29/06; Middle Pond; NE1/4NE1/4NW1/4, Section 13, T32N, R1E, NMPM; 18 feet from North, 2229 feet from West; Easting 340133, Northing 4098382; Natural tributary to Spring Gulch, Navajo River, surface flows from IR Crowley Well #3 and overflow from Trophy Pond; Appropriation date, 12/31/60-piscatorial, 12/29/06-domestic use, livestock watering and firefighting; 5.0 AF; Piscatorial, supplemental irrigation of 40 acres, recreation, livestock and incidental wildlife watering, domestic for 87 homes, firefighting, and wetland irrigation of approx. 8-10 acres immediately west of Middle Pond in the NE1/4NW1/4, Section 13, T32N, R1E, NMPM; Date water applied to beneficial use, 12/31/60 & 12/29/06; Henry’s Pond; SE1/4NW1/4NW1/4, Section 13, T32N, R1E, NMPM; 612 feet from North, 877 feet from West; Easting 339719, Northing 4098209; Natural tributary to Spring Gulch, tributary to Navajo River, surface flows from IR Crowley Well #3, IR Crowley Well #2, and gravity flow from Trophy and Middle Ponds; Appropriation date, 12/31/85-firefighting and supplemental irrigation of 40 acres, 12/29/06-recreation and livestock watering; 9.3AF; Supplemental irrigation of 40 acres, firefighting, recreational, and livestock watering; Date water applied to beneficial use, 12/31/85-firefighting and supplemental irrigation, 12/29/06-recreation and livestock watering; Eaklor Pond #1; SW1/4NW1/4NE1/4, Section 12, T32N, R1E, NMPM; 1482 feet from North, 2421 feet from East; Easting 340325, Northing 4099625; Unnamed tributary to Navajo River, including natural runoff and return flows from Eaklor Ditch, on the West side of the Hogback; Appropriation date, 12/29/06; 2.7 AF; Livestock and incidental wildlife watering, piscatorial, firefighting, and irrigation of 20 acres via Eaklor Pond #2 and Eaklor Pond #3; Date water applied to beneficial use, 12/29/06; Eaklor Pond #2; SW1/4NW1/4NE1/4, Section 12, T32N, R1E, NMPM; 1090 feet from North, 2515 feet from West; Easting 340267, Northing 4099745; Unnamed tributary to Navajo River, including natural runoff and return flows from Eaklor Ditch, seep on West side of the Hogback and Eaklor Pond #1 overflow; Appropriation date, 12/29/06; 0.12 AF; Livestock watering, incidental wildlife watering and supplemental irrigation; Date water applied to beneficial use, 12/29/06; Eaklor Pond #3; NE1/4NE1/4NW1/4, Section 12, T32N, R1E, NMPM; 901 feet from North, 2394 feet from West; Easting 340252, Northing 4099812; Unnamed tributary to Navajo River, including natural runoff and seeps, return flows from Eaklor Ditch, and over flow from Eaklor Pond #1 & #2; Appropriation date, 12/29/06; 0.15 AF; Incidental wildlife watering, livestock watering and supplemental irrigation; Date water applied to beneficial use, 12/29/06; North Pasture Pond; SE1/4SW1/4SW1/4, Section 1, T32N, R1E, NMPM; 365 feet from South, 739 feet from West; Easting 339758, Northing 4100197; Unnamed tributary to Navajo River, including natural runoff in drainage area above the North Pasture Pond via Fitzhugh Ditch and return flows from Fitzhugh Ditch; Appropriation date, 5/31/06; 0.1 AF; Supplemental irrigation of 5 acres, and domestic use on 87 lots; Date water applied to beneficial use, 5/31/06; Log Canyon Junior Pond; SW1/4NW1/4SE1/4, Section 13, T32N, R1E, NMPM; 1878 feet from South, 2555 feet from West; Easting 340223, Northing 4097440; Spring Gulch tributary to Navajo River flows out of Log Canyon Pond in Section 13, T32N, R1E, NMPM, decreed in case number 99CW62 and Log Canyon Ditch with a POD 1300 feet directly west of SE corner Section 13, T32N, R1E, NMPM decreed in same case; Appropriation date, 12/29/06; 0.22 AF; Tea Pond; SW1/4SE1/4SE1/4, Section 14, T32N, R1E, NMPM; 682 feet from South, 737 feet from East; Easting 3392216 16, Northing 4097068; Spring Gulch tributary to Navajo River (runoff from Vigil and other mesas to west side of the Coffee Pond); Appropriation date, 12/31/85-piscatorial, 12/29/06-livestock watering; 7.9AF, Conditional; Date water applied to beneficial use, 12/31/85-piscatorial, 12/29/06-livestock watering; Crowley Ranch Well #4 and Crowley Ranch Deep Well: Crowley Ranch Reserve cannot show any due diligence in these wells and, therefore, does not seek to obtain either conditional water rights or absolute water rights to these wells. Work towards completion of projects outlined in application. See application for more details. Application to Make Absolute in Whole or in Part (49 pages)

17CW5 Crowley Ranch Reserve Owners’ Association, Blair Watson, PO Box 176, Chromo, CO 81128: Navajo River; Archuleta County; For all structures: Date of original decree, 12/31/00; Case no., 00CW98; Crowley Ranch Reserve Well System: Well #1; SW1/4SW1/4, Section 1, T32N, R1E, NMPM; 469 feet from South, 890 feet from West; Easting 339784, Northing 4100226; Groundwater tributary to Navajo River; Appropriation date, 4/4/90; 0.0560 cfs Conditional; Garden irrigation, commercial use on the Reserve, and domestic use for up to 87 homes on Crowley Ranch; Permit #, 056561-F; Depth, 10-15 feet deep and is gallery type well; Date water applied to beneficial use, beginning in 2000; Crowley Ranch Reserve Well System: Well #2; SW1/4SW1/4, Section 1, T32N, R1E, NMPM; 516 feet from South, 739 feet from West; Easting 339738, Northing 4100241; Groundwater tributary to Navajo River; Appropriation date, 4/4/90; 0.0560 cfs Conditional; Garden irrigation, commercial use on the Reserve and domestic use for up to 87 homes on Crowley Ranch; Permit #055276-F; Depth, 10-15 feet deep and is gallery type well; Date water applied to beneficial use, beginning in 2000; Work toward completion of projects outlined in application; See application for more details. Application to Make Absolute in Whole or in Part. (11 pages)

17CW3016 ARCHULETA COUNTY, WATER DISTRICT NO. 29 (Amended Application): (1) Applicant: Southern Ute Indian Tribe, Attn: Lena Atencio, Director, Department of Natural Resources, P.O. Box 737, Ignacio CO 81137 (970)563-0125. (2) Attorneys: Adam T. Reeves and Jeffrey M. Kane, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302. (3) Structure for which Applicant seeks a finding of reasonable diligence: Cat Creek Reservoir. a. Legal description: SWE1/4NE1/4 Section 5, T32N, R3W, N.M.P.M.; 2,100 feet South of the North section line and 2,300 feet West of the East section line. b. Source: Cat Creek, tributary to the San Juan River and the San Juan River. i. Date of initiation of appropriation: January 13, 2003. ii. Amount: 1,170 AF of first fill and two re-fills. c. Uses: Municipal, domestic, commercial, industrial, fire fighting, wetlands irrigation, augmentation, exchange, road maintenance, recreation, piscatorial and other beneficial uses. d. Reservoir data: Maximum height of dam: 50 feet; Length of dam: 775 feet; Surface area: 83 acres; Total capacity of reservoir: 1,170 AF; Active capacity: 1,000 AF. (4) Outline of what has been done toward completion of the appropriation: Applicant spent in excess of $15,000 dollars in materials, equipment, and staff time to install and continuously maintain a stream gage on Round Meadow Creek, a tributary of Cat Creek, in order to acquire flow data necessary to develop watershed yield estimates; Applicant spent several hundred hours of staff time processing and analyzing gage data from the Round Meadow site, completing an inventory of all springs and other water sources in the Cat Creek watershed, Working with NRCS soil surveys of the region to estimate precipitation runoff, absorption, and transmission rates, performing peak discharge calculations for runoff events that exceeded the measurement capacity of the gage station, and using BFI and TR-55 software programs to develop hydrologic models of both the Round Meadow and Cat Creek watersheds. (5) Owners of land on which structures for the water right are located: Gomez Family Property LLC and Luann Baker. (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 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 June 15, 2017 in The Pagosa Springs SUN.

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