Public Notices 11/16/2017

    4

    SOUTHWESTERN WATER CONSERVATION DISTRICT – NOTICE OF BUDGET – Notice is hereby given that a proposed budget has been submitted to the Board of Directors of the Southwestern Water Conservation District for the ensuing year of 2018. A copy of the proposed budget has been filed in the office of Southwestern Water Conservation District, 841 E. Second Avenue, Durango, Colorado, where it is open for public inspection. This proposed budget will be considered for adoption at a regular meeting of the Board of Directors to be held on Tuesday, December 5, 2017 at the District office. Any interested elector of the Southwestern Water Conservation District may inspect the proposed budget and file or register any objections thereto at any time prior to the final adoption of the budget. For more information, call (970) 247-1302.
    Published November 16, 2017 in The Pagosa Springs SUN.

    __________

    Colorado’s Timber Ridge Metropolitan District
    Notice of Budget
    NOTICE IS HEREBY GIVEN that a budget has been submitted to the Board of Directors of Colorado’s Timber Ridge Metropolitan District for the budget year 2018. A copy of such prepared budget has been filed at the office of the President of the district, David Campbell, 511 Yarrow Circle, Pagosa Springs, Co where the same is open for public inspection. Such proposed budget will be considered at the regular meeting of the Board of Directors held at the Colorado’s Timber Ridge HOA Clubhouse, 31 Shooting Star Drive, Pagosa Springs, Co., on November 20th 2017 at 5:00 PM. Any interested electors within Colorado’s Timber Ridge Metropolitan District may inspect the budget and file or register any objections thereto at any time prior to the final adoption of the amended budget.
    Published November 16, 2017 in The Pagosa Springs SUN.

    __________

    OPPORTUNITY TO COMMENT
    Pagosa District Prescribed Burn Project
    San Juan National Forest, Pagosa Ranger District
    Archuleta, Hinsdale, and Mineral Counties
    The San Juan National Forest, Pagosa Ranger District is seeking public comments on a Draft Environmental Assessment for the Pagosa District Prescribed Burning analysis. The project proposes to allow prescribed burning and associated activities on approximately 193,000 acres of National Forest System (NFS) lands on the Pagosa Ranger District. Areas targeted for treatment include ponderosa pine, warm-dry mixed conifer, and shrub dominated areas. The Environment Assessment describing the Proposed Action, with maps, is available online at: http://www.fs.usda.gov/goto/sanjuan/projects.
    This project is subject to the pre-decisional objection regulations at 36 CFR 218. Only individuals or entities (as defined by 36 CFR 218.2) who submit timely and specific written comments during this or any other designated public comment period will be eligible to object. Other eligibility requirements are defined by 36 CFR 218.25 (a)(3). Individual members of an entity must submit their own individual comments in order to have eligibility to object as an individual. A timely submission will be determined as outlined in 36 CFR 218.25 (a)(4). It is the responsibility of the sender to ensure timely receipt of any comments submitted.
    Written comments will be accepted for 30 days beginning on the first day after the date of publication of this legal notice in the Paper of Record. If the comment period ends on a Saturday, Sunday or Federal holiday, comments will be accepted until the end of the next Federal working day. Written comments should be submitted to: Kevin Khung, Pagosa District Ranger, PO Box 310, Pagosa Springs, CO 81147, or hand-delivered to the Pagosa District Office at 180 Pagosa Street in Pagosa Springs, Colorado between 8:00 am – 4:30 pm, Monday through Friday, excluding holidays. Comments may also be faxed to: Attn: Fred Ellis, fax number 970-264-1538. Electronic comments should be sent to: comments-rocky-mountain-san-juan-pagosa@fs.fed.us in an email message, or in one of the following electronic formats: .rtf, .pdf, or .doc.
    Additional information regarding this project can be obtained from Fred Ellis at 970-264-2268 or e-mail fellis@fs.fed.us. Comments received in response to this solicitation, including names and addresses of those who comment will be considered part of the public record on this proposed action and will be available for public inspection.
    Published November 16, 2017 in The Pagosa Springs SUN.

    __________

    BOARD OF COUNTY COMMISSIONERS and BOARD OF ADJUSTMENT HEARINGS ON December 5th
    At Your Disposal, represented by Russell Planning & Engineering of Durango, CO, has applied for a Conditional Use Permit (CUP) Amendment, for Lot 20, Village Service Commercial, at 128 Bastille Dr., Pagosa Springs, CO (PLN17-208). The property is owned by Mark A. and Katheryn M. Young, and is zoned Commercial (C). The proposal will relocate permitted Recycling under a roof structure and construct a shop building for the new owner of the solid waste and recycling business with outdoor storage, amending a Conditional Use Permit approved in 2015.
    Applicant has also made a concurrent request for Variance from Section 5.4.5.4 of the Archuleta County Land Use Regulations and Section 27.1.7.3 and 27.1.7.4 of the Archuleta County Road and Bridge Design Standards requiring paving of access and parking, which will be heard at the same meeting by the Board of Adjustment (PLN17-209).
    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 prior to the public hearing by the Archuleta Board of County Commissioners on December 5, 2017, at 1:30 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
    Published November 16 and 23, 2017 in The Pagosa Springs SUN.

    __________

    BOARD OF COUNTY COMMISSIONERS HEARINGS ON December 5th
    Pagosa Adventures, LLC, represented by Bopp Reynolds Law Group of Durango, CO, has applied for Conditional Use Permits (CUP) to operate a Commercial Kennel and Wilderness Lodge, on a tract in NE¼NE¼ S12, T35N R2½W NMPM, at 2330A Perry Dr. (aka USFS JPRD Rd), Pagosa Springs, CO (PLN17-208). The property is owned by Susan J. Thomas of Golden, CO, and is zoned Agricultural/Ranching (AR).
    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 prior to the public hearing on December 5, 2017, at 1:30 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
    Published November 16 and 23, 2017 in The Pagosa Springs SUN.

    __________

    NOTICE TO CREDITORS
    Estate of Constance Ruth Kirby Wilson, Deceased
    Case No. 2017 PR 30068
    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 March 16, 2018, or the claims may be forever barred.
    Daniel L. Fiedler, Attorney at Law
    PO BOX 5633
    Pagosa Springs, CO 81147
    Published November 16, 23 and 30, 2017 in The Pagosa Springs SUN.

    __________

    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 October, 2017, for Archuleta County.
    17CW3035 APPLICATION TO MAKE ABSOLUTE AND A FINDING OF REASONABLE DILIGENCE, Archuleta County. Applicant: Navajo River Ranch Property Owners’ Association, Inc., P.O. Box 185 Chromo, Colorado 81128, 970-398-0315. Direct all correspondence to Amy N. Huff, Colorado Water & Land Law, LLC, 679 E. 2nd Ave, Unit 11B, Durango, CO 81301 (970)403 1770. (1) Structure: RUSSELL SPRING WELL (WELL) (2) Legal NE ¼ SE ¼ SE ¼ of S2, T32N, R1E, NMPM, Archuleta County, Colorado, 1155 feet from the South section line and 98 feet from the East section line of said Section 2, N4100439 E339484.(3) Source: Ground water tributary to the Navajo River. (4)Appro: March 29, 1996 (5) Amt: 0.089 cfs (40 gpm) Absolute (6) Use: Domestic, irrigation of lawns, trees, gardens and shrubs, and firefighting (7) Depth: 7 feet (8) Structure: CENTRAL SUPPLY WELL NO.1 (WELL) (9) Legal: NE ¼ SE ¼ SE ¼ of Section 2, T32N, R1E, NMPM, Archuleta County, Colorado, 1110 feet from South section line and 746 feet from East section line of said Section 2,N4100429.10 E339286.40 (10) Source: Ground water tributary to the Navajo River (11) Appro: March 29, 1996 (12) Amt: 0.066 cfs (20 gpm) Absolute; 0.033 cfs (10 gpm) Conditional (13) Use: Domestic, irrigation of lawns, trees, gardens and shrubs, and firefighting (14) Depth: 21 feet (15) Remarks: During the last diligence period, an additional 13 taps were installed and NRR spent approximately $261,300.00 operating its water system and beneficially used the water right. For any amount of water that has not been used, NRR has exercised reasonable diligence in the development of the water right conditionally decreed. (7 pages)
    17CW3041 Pagosa Area Water and Sanitation District, P. O. Box 4610, Pagosa Springs, Colorado 81157, (970) 731 2691, by and through counsel, Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Blvd., Suite 400, Denver, CO 80228-1556, (303) 986-1551 and San Juan Water Conservancy District, 46 Eaton Drive, Suite #5, Pagosa Springs, Colorado 81147, (970) 731 9857, through counsel Kent Holsinger and Austin Rueschhoff, Holsinger Law, LLC, 1800 Glenarm Place, Suite 500, Denver, Colorado 80202, (303) 722-2828, APPLICATION FOR FINDING REASONABLE DILIGENCE, Archuleta County. 2. Name of Water Rights and Structures: Dry Gulch Reservoir and Dry Gulch Pumping Station. 3. Description of Conditional Water Right: 3.1 Dry Gulch Reservoir. 3.1.1 Original Decree. October 31, 2011, Case No. 2004CW85, District Court, Water Division No. 7, Stipulated Findings of Fact, Conclusions of Law, Judgment and Decree. 3.1.2 Subsequent Decrees. None.
    3.1.3 Legal Description. An off-channel reservoir located on Dry Gulch, an ephemeral tributary to the San Juan River. The center point on the dam axis is located on the section line separating Sections 5 and 8, Township 35 North, Range 1 West, of the N.M.P.M., 1,300 feet west of the Southeast corner of said Section 5. Dry Gulch Reservoir will occupy all or portions of the following quarter sections, all located in Township 35 North, Range 1 West, of the N.M.P.M.: all of the SW/4, the S/2 of the NW/4, the S/2 and E/4 of the NE/4, and the S/2 and NW/4 of the SE/4 of Section 4; the SE/4 of the SE/4 of Section 5; the N/2 and SE/4 of the NE/4 of Section 8; and all of the NW/4, all of the NE/4, the N/2 of the SW/4, and the NW/4 of the SE/4 of Section 9. 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. Dry Gulch Reservoir shall be filled by collecting native runoff and streamflow occurring within the Dry Gulch watershed, and by diversions from the San Juan River at either, or both, the Dry Gulch Pumping Station and Park Ditch river headgate. Legal description of filling structures: 3.1.3.1 Dry Gulch Pumping Station. The point of diversion will be located in the San Juan River as it flows through the SE/4 of the SW/4 of Section 5, Township 35 North, Range 1 West, of the N.M.P.M, at a point approximately 3,100 feet from the east section line and 750 feet from the south section line of said Section 5. 3.1.3.2 Park Ditch. The point of diversion is located on the east bank of the San Juan River at a point 11 chains and 10 feet east and 8 chains and 43 feet north of the quarter corner between Sections 27 and 22, Township 36 North, Range 1 West, of the N.M.P.M., from which point the ditch extends in a generally southwesterly direction. 3.1.4 Sources. Dry Gulch, an ephemeral tributary to the San Juan River, and the San Juan River. 3.1.5 Date of Appropriation. December 20, 2004, established by the filing of the Application in Case No. 2004CW85. Water has not yet been applied to beneficial use by exercise of the water storage rights. 3.1.6 Amounts Claimed. 3.1.6.1 First Fill. 4,700 acre feet, CONDITIONAL, at a combined diversion rate of up to 50 cfs through the Park Ditch and/or Dry Gulch Pump Station in addition to native inflow to the reservoir from the Dry Gulch watershed. This first fill right may be used in combination with SJWCD’s existing 6,300 acre feet conditional storage right (previously decreed in Case No. 308-73D, Archuleta County District Court with a priority date of December 19, 1968; hereinafter the “existing 6,300 acre feet storage right”) for Dry Gulch Reservoir from the same points of diversion to achieve a first fill of the reservoir of 11,000 acre feet. 3.1.6.2 Successive Refill. 11,000 acre feet, CONDITIONAL, at a combined diversion rate of up to 50 cfs from Park Ditch and/or Dry Gulch Pump Station in addition to native inflow to the reservoir from the Dry Gulch watershed, to refill successively whenever in priority after the first fill is deemed achieved each water year by the Division Engineer for Water Division No.7. 3.1.6.3 Total Storage. The first fill and successive refill water storage rights granted herein may be used in conjunction with SJWCD’s existing 6,300 acre feet storage right to store no more than 11,000 acre feet of water in any one water year (defined as the 12-month period commencing on November 1st and extending through the following October 31st). The Districts may exercise the first fill right, successive refill right and the SJWCD existing 6,300 acre feet storage right together in any water year to provide the flexibility necessary to benefit from varying hydrologic conditions and meet seasonal demands. The water rights granted herein shall be further limited by the overall project limits described in paragraph 29.1 of the 04CW85 Decree. 3.1.7 Uses. Water derived from the above-referenced water rights and structures may be used for all municipal uses, including, but not limited to, domestic, industrial, commercial, mechanical, fire protection, sewage treatment, watering of parks, lawns, gardens and other public spaces, irrigation, agriculture, recreation, piscatorial and incidental wildlife uses, lake and reservoir evaporation, and for replacement, adjustment and regulation of the Co-Applicants’ respective storage and delivery systems, and those of its users, among themselves and with others. Water derived from the above-referenced water rights and structures may also be used to provide raw water by contract to certain customers within the Districts’ service areas for irrigation. Co-Applicants may divert, store and use the water directly, by and for exchange or augmentation, as may be appropriate to maximize its lawful use within the Districts’ respective service areas. Prior to use for augmentation purposes, the Districts shall obtain a separate decree from the water court authorizing an augmentation plan. The water may be placed to use only within the PAWSD or SJWCD service areas as such now exist or may exist in the future. 3.1.8 Dimensions of Reservoir for Claimed Amount: 3.1.8.1 Surface Area. Approximately 319 acres. 3.1.8.2 Height of the Dam. approximately 105 feet. 3.1.8.3 Length of the Dam. Approximately 1,500 feet. 3.1.8.4 Active Capacity. Approximately 11,000 acre feet. 3.2 Dry Gulch Pumping Station 3.2.1 Legal Description. The point of diversion for the proposed Dry Gulch Pumping Station will be in the San Juan River as it flows through the SE/4 of the SW/4 of Section 5, Township 35 North, Range 1 West, of the N.M.P.M., at a point 3,100 feet from the east section line and 750 feet from the south section line of said Section 5. 3.2.2 Source. San Juan River. 3.2.3 Date of Appropriation. December 20, 2004, established by the filing of the Application in Case No. 2004CW85. Water has not yet been applied to beneficial use by exercise of the water rights.
    3.2.4 Amount Claimed. 50 cfs, CONDITIONAL, from the San Juan River for direct use and/or for storage in Dry Gulch Reservoir or other reservoirs currently owned or controlled by the Districts in District 78 (Piedra River watershed). The diversion rights granted herein shall be further limited by the overall project limits described in paragraph 29.1 in the 04CW85 Decree. 3.2.5 Uses. Water derived from the above-referenced water rights and structures may be used for all municipal uses, including, but not limited to, domestic, industrial, commercial, mechanical, fire protection, sewage treatment, watering of parks, lawns, gardens and other public spaces, irrigation, agriculture, recreation, piscatorial and incidental wildlife uses, lake and reservoir evaporation, and for replacement, adjustment and regulation of the Co-Applicants’ respective storage and delivery systems, and those of its users, among themselves and with others. Water derived from the above-referenced water rights and structures may also be used to provide raw water by contract to certain customers within the Districts’ service areas for irrigation. Co-Applicants may divert, store and use the water directly, by and for exchange or augmentation, as may be appropriate to maximize its lawful use within the Districts’ respective service areas. Prior to use for augmentation purposes, the Districts shall obtain a separate decree from the water court authorizing an augmentation plan. The water may be placed to use only within the PAWSD or SJWCD service areas as such now exist or may exist in the future. 4. Actions Taken Towards Completing Appropriation. Work toward completing of project outlined in application. Application for Finding of Reasonable Diligence (13 pages with 3 exhibits). 5. Claim to Make Absolute. The Applicant does not seek to make any of this conditional right absolute. 6. Name of Underlying Landowner. The Co-Applicants are co-owners of the majority of the land underlying the structures that are the subject of the Application in this matter. Other relevant landowners are listed below and will timely be provided copies of this Application. 1.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. 2. Kurt William Laverty, 2197 E Highway 160, Pagosa Springs, Colorado 81147. (165 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 December, 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 November 30, 2017 Original Signature on file
    Danene M. Etz, Water Court Specialist
    Published November 16, 2017 in The Pagosa Springs SUN.

    __________