Public Notices 12/14/2017

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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 November, 2017, for Mineral County.
    17CW3043 MINERAL COUNTY. 1. Name, Mailing Address and Telephone Number of Applicant: David F. Smith, Ranch Manager Bootjack Ranch, LLC 12500 E. Hwy. 160 Pagosa Springs, CO 81147 (970) 264-7280, c/o Wayne F. Forman, Esq., Brownstein Hyatt Farber Schreck LLP, 410 Seventeenth Street, 22nd Floor, Denver, CO 80202, Tel: 303-223-1100. I. CONDITIONAL SURFACE WATER RIGHT 2. Name of Structure: Kelly’s Lake Ditch. 3. Description of Kelly’s Lake Ditch Water Right. (a) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (b) Subsequent Decrees Awarding Findings of Diligence: November 28, 2011; Case No. 10CW71; District Court, Water Division No. 7. (c) Legal Description of Point of Diversion: A point on the West Fork, in Section 29, T37N, R1W, N.M.P.M., 280 feet North of the south line and 2,100 feet East of the west line. See Exhibit A. (d) Source: West Fork of the San Juan River (“West Fork”). (e) Appropriation Date: January 2003. (f) Uses: During the irrigation season to recharge and freshen Kelly’s Lake, described in Paragraph 13, below, for piscatorial, stock watering, fire fighting, and recreation. The return flows for stock watering, piscatorial, recreation and lake recharge in Kelley’s Lake will accrue directly to the West Fork during the irrigation season. (g) Amount: 10 c.f.s., Conditional. (h) Claim to Make Absolute. (i) Date water applied to beneficial use: September 8, 2011, June 30, 2013, August 17, 2014. (ii) Amount: -10 c.f.s. Supporting diversion records are attached as Exhibit B. (iii) Use: All beneficial uses described above. (i) Name(s) and Address(es) of owners of the land upon which structure is located: Applicant. II. CONDITIONAL UNDERGROUND WATER RIGHTS 4. Name of Structure: Brown South Well. 5. Description of Brown South Well Underground Water Right. (a) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (b) Subsequent Decrees Awarding Findings of Diligence: November 28, 2011; Case No. 10CW71; District Court, Water Division No. 7. (c) Legal description: NE¼SW¼, Section 29, T37N, R1E, N.M.P.M., 2,200 feet from the South section line and 2,200 feet from the West section line of said Section 29. See Exhibit A. (d) Depth: 15 feet. (e) Appropriation Date: July 29, 1998. (f) Amount: 2.67 c.f.s. (1,200 g.p.m.), Conditional. (g) Uses: (i) Irrigation Season: 1,044 g.p.m. (2.33 c.f.s.), Conditional, in addition to the 156 g.p.m. previously made absolute, for use during the irrigation season for recharge of water level in Michael’s Lake and either directly from the Brown South Well or from storage in Michael’s Lake for domestic, recreation/aquatic building, greenhouse, maintenance facility, office complex, piscatorial, stock watering, fire fighting, recreation, and irrigation of 70 acres of the total 100 acres shown on Exhibit A. (ii) Non-irrigation Season: 1,147 g.p.m. (2.56 c.f.s.), Conditional, in addition to the 53 g.p.m. previously made absolute, for use during non-irrigation season for recharge of water level in Michael’s Lake and either directly from the Brown South Well or from storage in Michael’s Lake for domestic, recreation/aquatic building, greenhouse, maintenance facility, office complex, piscatorial, stock watering, fire fighting and recreation. (h) Permit No. 056342-F. (i) Claim to Make Absolute: (i) Irrigation Season: (A) Date water applied to beneficial use: June 30, 2016. (B) Amount: 332 g.p.m, in addition to the 156 g.p.m. previously made absolute. See summary of diversion records attached as Exhibit C. (C) Uses: All uses described above in paragraph 5 (g)(i). (ii) Non-Irrigation season: (A) Date water applied to beneficial use: November 14, 2017. (B) Amount: 537 g.p.m., in addition to the 53 g.p.m. previously made absolute. See summary of diversion records attached as Exhibit C. (C) Uses: All uses described above in paragraph 5(g)(ii). (j) Name(s) and Address(es) of owners of the land upon which structure is located: Applicant. 6. Name of Structure: Well WS-1. 7. Description of Well WS-1 Underground Water Right. (a) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (b) Subsequent Decrees Awarding Findings of Diligence: November 28, 2011; Case No. 10CW71; District Court, Water Division No. 7. (c) Legal description: NE¼SW¼, Section 32, T37N, R1E, N.M.P.M., 900 feet from the South section line and 800 feet from the West section line of said Section 32. See Exhibit A. (d) Depth: Approximately 55 feet. (e) Appropriation Date: July 29, 1998. (f) Amount: 400 g.p.m., Conditional. (g) Use: Irrigation of 70 acres, as shown on Exhibit A, lying east of the West Fork and located in the W½ of Section 32, T37N, R1E, N.M.P.M. (h) Permit No. 061416-F-R. (i) Name(s) and Address(es) of owners of the land upon which structure is located: Applicant. III. CONDITIONAL WATER STORAGE RIGHTS 8. Name of Structure: Queen’s Lake. 9. Description of Queen’s Lake Water Storage Right. (a) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (b) Subsequent Decrees Awarding Findings of Diligence: November 28, 2011; Case No. 10CW71; District Court, Water Division No. 7. (c) Legal description: Located between 2,000 feet and 2,300 feet North of the South section line of Section 29, T37N, R1E, N.M.P.M., and 2,600 feet to -2,900 feet East of the West section line of said Section 29. Center point is approximately 3,175 feet from the North section line and 2,815 feet from the West section line. See Exhibit A. (d) Depth: Maximum depth is 15 feet below the natural ground surface. (e) Appropriation Date: July 29, 1998. (f) Amount and Year-Round Use: 0.2 c.f.s., Conditional, direct flow not to exceed 30 acre-feet per year, for replacement of fire fighting uses. (g) Surface Area: 1.27 acres. (h) Average Depth: 12 feet +/- (i) Source: Ground water tributary to the West Fork. (j) Permit No. 80926-F. (k) Claim to Make Absolute. (i) Date water applied to beneficial use: May 17, 2017. (ii) Amount: 0.2.c.f.s. (iii) Uses: Fire fighting. Water stored pursuant to this right is available for fire fighting in addition to the other beneficial uses for which this right has been decreed. It should therefore be made absolute for fire fighting pursuant to C.R.S. § 37-92-301(4)(e). Further, at the direction of the Division Engineer, an amended well permit was issued for this structure that includes fire fighting as a beneficial use. (l) Name(s) and Address(es) of owners of the land upon which structure is located: Applicant. 10. Name of Structure: Melinda’s Lake. 11. Description of Melinda’s Lake Water Storage Right. (a) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (b) Subsequent Decrees Awarding Findings of Diligence: November 28, 2011; Case No. 10CW71; District Court, Water Division No. 7. (c) Legal description: Located between 100 feet and 1,100 feet North of the South section line of Section 29, T37N, R1E, N.M.P.M., and 2,300 feet to 2,700 feet East of the West section line of said Section 29. Center point is approximately 650 feet from the South section line and 2,475 feet from the West section line. See Exhibit A. (d) Depth: Maximum depth is 20 feet below the natural ground surface. (e) Appropriation Date: July 29, 1998. (f) Amount and Use: 0.2 c.f.s., Conditional, direct flow not to exceed 30 acre-feet per year, for replacement of fire fighting uses. (g) Source: Ground water tributary to the West Fork. (h) Surface Area: 4.01 acres. (i) Average Depth: 15 feet +/- (j) Permit No. 80927-F. (k) Claim to Make Absolute. (i) Date water applied to beneficial use: May 17, 2017. (ii) Amount: 0.2.c.f.s. (iii) Uses: Fire fighting. Water stored pursuant to this right is available for fire fighting in addition to the other beneficial uses for which this right has been decreed. It should therefore be made absolute for fire fighting pursuant to C.R.S. § 37-92-301(4)(e). Further, at the direction of the Division Engineer, an amended well permit was issued for this structure that includes fire fighting as a beneficial use. (l) Name(s) and Address(es) of owners of the land upon which structure is located: Applicant. 12. Name of Structure: Kelly’s Lake. 13. Description of Kelly’s Lake Water Storage Right. (a) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (b) Subsequent Decrees Awarding Findings of Diligence: November 28, 2011; Case No. 10CW71; District Court, Water Division No. 7. (c) Legal description: Located between 600 feet and 1,100 feet South of the North section line of Section 32, T37N, R1E, N.M.P.M., and 1,400 feet to 2,200 feet East of the West section line of said Section 32. Center point is approximately 1,120 feet from the North section line and 1,870 feet from the West section line. See Exhibit A. (d) Depth: Maximum depth is 15 feet below the natural ground surface. (e) Appropriation Date: July 29, 1998. (f) Amount and Use: 0.2 c.f.s., Conditional, direct flow not to exceed 30 acre-feet per year, for replacement of fire fighting uses. (g) Surface Area: 10.3 acres. (h) Average Depth: 15 feet +/- (i) Source: Ground water tributary to the West Fork. (j) Permit No. 80924-F. (k) Claim to Make Absolute. (i) Date water applied to beneficial use: May 17, 2017. (ii) Amount: 0.2.c.f.s. (iii) Uses: Fire fighting. Water stored pursuant to this right is available for fire fighting in addition to the other beneficial uses for which this right has been decreed. It should therefore be made absolute for fire fighting pursuant to C.R.S. § 37-92-301(4)(e). Further, at the direction of the Division Engineer, an amended well permit was issued for this structure that includes fire fighting as a beneficial use. (l) Name(s) and Address(es) of owners of the land upon which structure is located: Applicant. 14. Name of Structure: Michelle’s Lake. 15. Description of Michelle’s Lake Water Storage Right. (a) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (b) Subsequent Decrees Awarding Findings of Diligence: November 28, 2011; Case No. 10CW71; District Court, Water Division No. 7. (c) Legal description: Located between 1,550 feet and 1,980 feet South of the North section line of Section 32, T37N, R1E, N.M.P.M., and 2,200 feet 2,500 feet East of the West section line of said Section 32. Center point approximately 1,760 feet from the North section line and 2,360 feet from the West section line. See Exhibit A. (d) Depth: Maximum depth is 15 feet below the natural ground surface. (e) Appropriation Date: July 29, 1998. (f) Amount and Use: 0.2 c.f.s., Conditional, direct flow not to exceed 30 acre-feet per year, for replacement of fire fighting uses. (g) Surface Area: 2.41 acres. (h) Source: Ground water tributary to the West Fork. (i) Average Depth: 15 feet +/- (j) Permit No. 80925-F. (k) Claim to Make Absolute. (i) Date water applied to beneficial use: May 17, 2017. (ii) Amount: 0.2.c.f.s. (iii) Uses: Fire fighting. Water stored pursuant to this right is available for fire fighting in addition to the other beneficial uses for which this right has been decreed. It should therefore be made absolute for fire fighting pursuant to C.R.S. § 37-92-301(4)(e). Further, at the direction of the Division Engineer, an amended well permit was issued for this structure that includes fire fighting as a beneficial use. (l) Name(s) and Address(es) of owners of the land upon which structure is located: Applicant. 16. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant Bootjack Ranch, LLC undertook the following activities towards completion of the subject conditional water rights and application of water to beneficial use during the relevant diligence period: (a) Applicant incurred nearly $600,000 in legal fees and water resource consulting fees in order to protect, improve and develop the water resources on Bootjack Ranch, including the subject conditional water rights. In addition, Applicant devoted substantial staff time on these matters, including recording diversions and water levels, interacting with water commissioners, conferring with counsel and water resource consultants, and constructing, maintaining and repairing water diversion storage structures. (b) Applicant constructed, at an approximate cost of $338,000, the Oxbow Lake and the Oxbow Augmentation Pond, together with associated pumps and pipelines. It also successfully pursued a water rights application adjudicating water rights for those structures and an augmentation plan. (c) Applicant constructed, at an approximate cost of $195,000, a pond on the newly-acquired Bootjack south property. It also successfully pursued a water rights application to fill that pond and an additional pond, and for approval of an augmentation plan to allow water levels in those ponds to be maintained. (d) Applicant has expended approximately $30,000 in the construction of Well WS-1. (e) Applicant’s ranch staff regularly record diversions and water levels on the ranch and report those to state water officials. (f) With the assistance of counsel and water resource consultants, Applicant has opposed the water rights applications of others in order to protect the water rights on the ranch. (g) Applicant also successfully pursued an application to correct a point of diversion of the Phillips Ditch water rights. (h) With the assistance of Bikis Water Consultants, Applicant has engaged in water rights planning on the ranch, has constructed, tested and evaluated many of the ranch’s wells and ponds, has completed numerous mapping projects including identifying irrigated acres, and has conducted other water resource tasks including permitting, measuring and recordkeeping. 17. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: All structures are located on Applicant’s property. WHEREFORE, Applicant, requests that the Court enter a decree: 1. Finding that Applicant has been reasonably diligent in the steady application of effort to complete the appropriation of the conditional water rights in a reasonably expedient and efficient manner under the facts and circumstances and continuing the following conditional water rights in full force and effect: (a) Brown South Well: Irrigation Season: 712 g.p.m, conditional, for all decreed beneficial uses. Non-irrigation season: 610 g.p.m, conditional, for all decreed beneficial uses. (b) Well WS-1: 400 g.p.m., conditional, for all decreed beneficial uses. 2. Making the following conditional rights absolute: (a) Kelly’s Lake Ditch for 10 c.f.s., for all decreed beneficial uses. (b) Brown South Well: Irrigation season: 332 g.p.m., in addition to 156 g.p.m previously made absolute, for all decreed beneficial uses. Non-irrigation season: 537 g.p.m., in addition to 53 g.p.m. previously made absolute, for all decreed beneficial uses. (c) Queen’s Lake, Melinda’s Lake, Kelly’s Lake and Michelle’s Lake: 0.2 c.f.s. for fire fighting purposes. In the event the Court does not make the foregoing rights absolute, then continuing their conditional status until the next diligence application. 3. Granting such other relief as the Court deems just and proper. (16 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 January, 2018, 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 December 31, 2017 /s/ Danene M. Etz
    Danene M. Etz, Water Court Specialist
    Published December 14, 2017 in The Pagosa Springs SUN.

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    Board Member Opportunity
    The Upper San Juan Health Service District (USJHSD) is seeking a member of the community to join our Board of Directors. The USJHSD Board is responsible for steering Pagosa Springs Medical Center toward a sustainable future through sound, ethical high-level governance. The USJHSD mission is to provide quality, compassionate healthcare and wellness where we live.
    The USJHSD Board is made up of volunteer board members who have expertise in a variety of fields. Qualified candidates must be voting residents in the District (Archuleta County and a small part of Hinsdale and Mineral Counties), and generally able to commit to a 4-year term although the open seat is to fulfill the remainder of a term from January through May of 2018.
    The USJHSD Board of Directors generally meets the 4th Tuesday of the month, at 5:30 pm in the PSMC Great Room.
    Self nomination forms are available at PSMC’s website at: pagosamed.com/boardapplication. Forms must be received by PSMC by December 29, 2017.
    Published December 14, 2017 in The Pagosa Springs SUN.

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    Seeking Public Comment to the
    Revised Traffic Code
    The Tribal Council is seeking public comments on the revised Traffic Code. A few years ago, Tribal Council sought comments. Since then, Tribal Council has revised the Code to address on-Reservation all-terrain vehicle use or off-highway vehicle (OHV), among other things. The revised Traffic Code will allow Tribal Council to designate roads for OHV use by resolution. Attached is a map with proposed designated roads. The map excludes roads on the western side of the Reservation because of ongoing reclamation work that the Tribe is doing for abandoned wells. For a more detailed map, contact DNR at 563-0125 and ask for GIS.
    Tribal Council is also interested in hearing from the public on the appropriate blood alcohol content for driving with an excessive blood alcohol content (BAC). Tribal Council is considering designating the excessive amount to be either 0.10 (to be consistent with a prior version of Colorado law) or 0.15 (similar to NM aggravated DWI) so that the amount is not the same as the BAC for driving under the influence.
    Tribal Council also wanted to be sure that the general public had an opportunity to comment on this Traffic Code because in this Code the Tribe will be seeking to issue civil citations for some traffic infractions against Indians and non-Indians, where the Tribe has jurisdiction to do so.
    Deadline to submit written comments: Please provide any written comments on the draft code by Tuesday, January 2, 2018. You can review the revised Traffic Code, map of the designated OHV roads, and associated schedules at https://www.southernute-nsn.gov/2017/11/draft-traffic-code/. Please submit your comments to the Legal Department, by one of the following methods:
    • E-mail: legal@southernute-nsn.gov
    • Mail: James Washinawatok, Tribal Attorney, Legal Department, Southern Ute Indian Tribe, P.O. Box 737, Ignacio, Colorado, 81137.
    • Hand delivery: Legal Department, Leonard C. Burch Tribal Administration Building, Ignacio, Colorado, 81137
    For further information contact: James Washinawatok, Tribal Attorney, Legal Department, Southern Ute Indian Tribe, P.O. Box 737, Ignacio, Colorado, 81137; telephone number (970) 563-2210; e-mail jwash@southernute-nsn.gov.
    Published December 14, 2017 in The Pagosa Springs SUN.

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    BOARD OF ADJUSTMENT HEARING ON January 2nd
    Ryanik Holdings, LLC, of Palos Verdes Peninsula, CA, represented by Courtney King, has applied for the Ryanik Residences Height Variances, for Lots 3&4, Block 13, Lake Pagosa Park, at 28 & 34 N. Emissary Ct., Pagosa Springs, CO (PLN17-283). Applicant is requesting amendment of their approval to vary from requirement 4, R-I-P Single Family Patio Residences, Planned Unit Development (PUD) zone, that “All buildings and structures shall be limited to a single story”, for a new single family attached residence. Applicant has also applied for concurrent Site Plan review (PLN17-282).
    A public hearing will be held by the Archuleta County Board of Adjustment, on Tuesday January 2, 2018, 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 December 14 and 21, 2017 in The Pagosa Springs SUN.

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