Public Notices 05/14/2020

18

DISTRICT COURT,

ARCHULETA COUNTY, COLORADO

Court Address: 46 Eaton Drive, Suite 1, Pagosa Springs, CO 81147 

Phone Number: (970) 264-8160

Plaintiff:

MOUNTAIN MANNA, LLC

v.

Defendants:

BOB RAU; and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.

Submitting Attorney:

Paul Kosnik, #38663

Eggleston Kosnik LLC

556 Main Ave.

Durango, CO 81301

Phone Number: (970) 403-1580 

E-mail: pkosnik@e-klaw.com

Case Number: 2020CV30037

SUMMONS BY PUBLICATION

PLAINTIFF MOUNTAIN MANNA LLC

TO THE ABOVE NAMED DEFENDANTS: 

ALL UKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION

YOU ARE HEREBY SUMMONED and required to appear and defend against the claims of the complaint filed with the court in this action by filing with the clerk of this court an answer or other response. You are required to file your answer or other response within 35 days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court.

If you fail to file your answer or other response to the complaint in writing within 35 days after the date of the last publication, judgment by default may be rendered against you by the court for the relief demanded in the complaint without further notice.

This is an action to quiet the title of the Plaintiff in and to the real property situate in Archuleta County, Colorado, more particularly described as follows:

Lot 95 in Pagosa Vista, according to the plat thereof recorded September 13, 1971 as Reception No. 74884.

Respectfully Submitted this 5th day of May, 2020.

Published in The Pagosa Springs Sun

First Publication: May 14, 2020

Last Publication: June 11, 2020

Eggleston Kosnik LLC

/s/ Paul Kosnik

Paul Kosnik, #38663

556 Main Ave.

Durango, CO 81301

(970) 403-1580

Published May 14, 21, 28, June 4 and 11, 2020 in The Pagosa Springs SUN.

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INVITATION TO BID

Separate BIDS for the Eagle Drive Extension Project will be received by the Town of Pagosa Springs 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 June 11, 2020, and then at said office opened and read aloud via teleconference. Bids may also be delivered electronically as indicated in the Information to Bidders.

The project consists of a combination of constructing and reconstructing approximately 650 linear feet of Eagle Drive from the present easterly end to Pike Drive within the Town of Pagosa Springs. The project includes, but is not limited to excavation, embankment, material removal and disposal, storm drainage structures, gravel placement, curbs, gutters, sidewalks, asphalt paving, pavement marking, traffic control, and other work related with streetscape construction.

Copies of the CONTRACT DOCUMENTS and Plans may be obtained on or after May 19, 2020, at the office of Davis Engineering Service, Inc. located at the address listed above, upon payment of $75.00 for each set. No refund will be made for returned copies. A digital copy of the documents will be provided upon purchase of the hard copy, with the hard copy considered the official bid document.

A mandatory pre-bid tele-conference for prospective Bidders will be arranged for 2:00 p.m. local time on June 2, 2020. Prospective Bidders will need to contact the office of Davis Engineering Service, Inc. (phone number (970) 264-5055), located at the address listed above, no later than 2:00 p.m. local time on June 1, 2020 to get on the list for the pre-bid tele-conference meeting invite, which will be disseminated via e-mail. Should the project be awarded, the Owner desires to complete all work within the 2020 season.

Date: May 14, 2020

Published May 14 and 28, 2020 in The Pagosa Springs SUN.

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BEFORE THE COLORADO OIL AND GAS CONSERVATION COMMISSION 

NOTICE AND APPLICATION FOR HEARING

DOCKET NO. 200300061

TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN:

Pursuant to Rule 522.e., the Colorado Oil and Gas Conservation Commission Staff has applied to the Commission for an Order Finding Violation against Petrox Resources Inc. (Operator No. 69805), to adjudicate allegations in the Notice of Alleged Violation No. 401605720.

NOTICE IS HEREBY GIVEN, pursuant to §§ 34-60-101 to -130, C.R.S. and the Commission’s Rules of Practice and Procedure, 2 CCR 404-1, that the Commission has scheduled this matter for hearing on:

Date: July 27, 2020

Time: 9:00 a.m.

Place: Colorado Oil & Gas Conservation Commission 

1120 Lincoln Street, Suite 801

Denver, CO 80203

The Notice and Application for Hearing and related information is available at https://cogcc.state.co.us/reg.html#/hearings. Look to right column for “Active & Pending Matters” “Enforcement”.

Published May 14, 2020 in The Pagosa Springs SUN.

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For Public Notice

May 4th, 2020

For More Information Contact:

Martin Schmidt, Public Works Director

(970) 264-4151 x. 251

Re: Invitation to Bid for Paving Services

The Town of Pagosa Springs is accepting bids for mill/reclaim and overlay of some asphalt roads this year. The roads selected for this bidding process are South Pagosa Boulevard, North 8th Street, North 5th Street and South 5th Street.

Bid specifics and forms are available online at http://www.pagosasprings.co.gov through the “Invitation to Bid” link or contact the Town Public Works Department at 970-264-4151 x251. 

Published May 14, 2020 in The Pagosa Springs SUN.

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NOTICE OF PURCHASE OF PROPERTY AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to:

DELDEV INC

1133 N. 18TH STREET

GRAND JUNCTION, CO 81501

You and each of you are hereby notified that on the 15th day of November 2015, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

BLUE SPRUCE SERVICING COMPANY LLC 

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

LOTS 350, 351, 352, 377 AND 378, PAGOSA TRAILS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD SEPTEMBER 13, 1971 AS RECEPTION NO. 74885.

Account Number: R004253

Schedule Number: 569524406051

Tax Sale Certificate Number: 2015-03303

and said County Treasurer issued a certificate of purchase therefore to BLUE SPRUCE SERVICING COMPANY LLC 

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2014

That said real estate was taxed or specially assessed in the name(s) of DELDEV INC for said year 2014.

That said BLUE SPRUCE SERVICING COMPANY LLC on the 16th day of April 2020, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to BLUE SPRUCE SERVICING COMPANY LLC 

On the 1st day of October 2020, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 4th day of May 2020

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published May 14, 21 and 28, 2020 in The Pagosa Springs SUN.

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NOTICE OF PURCHASE OF PROPERTY AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to:

SAMUEL KELSALL TRUSTEE OF THE RAW LAND ACQUISTION 55 LTD, A CA BUSINESS TRUST, DATED APRIL 12, 2007

2921 Roosevelt Street

CARLSBAD, CA 92011

SAMUEL KELSALL TRUSTEE OF THE RAW LAND ACQUISTION 55 LTD, A CA BUSINESS TRUST, DATED APRIL 12, 2007

7040 AVENIDA ENCINAS #164205

CARLSBAD, CA 92011

You and each of you are hereby notified that on the 5th day of November 2015, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

BLUE SPRUCE SERVICING COMPANY, LLC

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

LOT 017 AND LOT 018, IN CHRIS MTN VILLAGE AT PAGOSA UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JUNE 4, 1973 AS RECEPTION NO. 77868.

Account Number: R004314

Schedule Number: 569525104049

Tax Sale Certificate Number: 2015-03304

and said County Treasurer issued a certificate of purchase therefore to BLUE SPRUCE SERVICING COMPANY, LLC

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2014

That said real estate was taxed or specially assessed in the name(s) of SAMUEL KELSALL TRUSTEE OF THE RAW LAND ACQUISTION 55 LTD, A CA BUSINESS TRUST, DATED APRIL 12, 2007 for said year 2014.

That said BLUE SPRUCE SERVICING COMPANY, LLC on the 16th day of April 2020, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to BLUE SPRUCE SERVICING COMPANY, LLC

On the 1st day of October 2020, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 4th day of May 2020

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published May 14, 21 and 28, 2020 in The Pagosa Springs SUN.

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NOTICE OF PURCHASE OF PROPERTY AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to:

RAW LAND ACQUISITION 57 LTD, TRUSTEE SAMUEL KELSALL

2921 Roosevelt Street

CARLSBAD, CA 92011

RAW LAND ACQUISITION 57 LTD, TRUSTEE SAMUEL KELSALL

7040 AVENIDA ENCINAS STE 104105

CARLSBAD, CA 92011

You and each of you are hereby notified that on the 5th day of November 2015, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

BLUE SPRUCE SERVICING COMPANY LLC

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

LOT 15 AND 16, IN CHRIS MOUNTAIN VILLAGE AT PAGOSA UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JUNE 4, 1973 AS RECEPTION NO. 77868.

Account Number: R004315

Schedule Number: 569525104050

Tax Sale Certificate Number: 2015-03305

and said County Treasurer issued a certificate of purchase therefore to BLUE SPRUCE SERVICING COMPANY LLC

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2014

That said real estate was taxed or specially assessed in the name(s) of RAW LAND ACQUISITION 57 LTD, TRUSTEE SAMUEL KELSALL for said year 2014.

That said BLUE SPRUCE SERVICING COMPANY LLC on the 16th day of April 2020, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to BLUE SPRUCE SERVICING COMPANY LLC

On the 1st day of October 2020, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 5th day of May 2020

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published May 14, 21 and 28, 2020 in The Pagosa Springs SUN.

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NOTICE OF PURCHASE OF PROPERTY AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to:

SAMUEL KELSALL TRUSTEE OF THE RAW LAND ACQUISITION 55 LTD A CA BUSINESS TRUST, DATED APRIL 12, 2007.

2921 Roosevelt Street

CARLSBAD, CA 92011

SAMUEL KELSALL TRUSTEE OF THE RAW LAND ACQUISITION 55 LTD A CA BUSINESS TRUST, DATED APRIL 12, 2007.

7040 AVENIDA ENCINAS #164205

CARLSBAD, CA 92011

You and each of you are hereby notified that on the 5th day of November 2015, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

BLUE SPRUCE SERVICING COMPANY LLC

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

LOT 13 AND 14, IN CHRIS MOUNTAIN VILLAGE AT PAGOSA UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JUNE 4, 1973 AS RECEPTION NO. 77868.

Account Number: R004316

Schedule Number: 569525104051

Tax Sale Certificate Number: 2015-03306

and said County Treasurer issued a certificate of purchase therefore to BLUE SPRUCE SERVICING COMPANY LLC

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2014

That said real estate was taxed or specially assessed in the name(s) of SAMUEL KELSALL TRUSTEE OF THE RAW LAND ACQUISITION 55 LTD A CA BUSINESS TRUST, DATED APRIL 12, 2007. for said year 2014.

That said BLUE SPRUCE SERVICING COMPANY LLC on the 16th day of April 2020, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to BLUE SPRUCE SERVICING COMPANY LLC

On the 1st day of October 2020, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 5th day of May 2020

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published May 14, 21 and 28, 2020 in The Pagosa Springs SUN.

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NOTICE OF PURCHASE OF PROPERTY AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to:

RAW LAND ACQUISITION 59 LTD

1130 ALPINE FOREST DRIVE

BAYFIELD, CO 81122

RAW LAND ACQUISITION 59 LTD

2921 Roosevelt Street

CARLSBAD, CA 92011

RAW LAND ACQUISITION 59 LTD

7040 AVENIDA ENCINAS 104-205

CARLSBAD, CA 92011

You and each of you are hereby notified that on the 5th day of November 2015, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

BLUE SPRUCE SERVICING COMPANY LLC

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

LOT 1 BLOCK 13 IN PAGOSA IN THE PINES, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 13 1970 AS RECEPTION NOS. 73014 THROUGH 73027.

Account Number: R007900

Schedule Number: 569916417001

Tax Sale Certificate Number: 2015-03333

and said County Treasurer issued a certificate of purchase therefore to BLUE SPRUCE SERVICING COMPANY LLC

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2014

That said real estate was taxed or specially assessed in the name(s) of RAW LAND ACQUISITION 59 LTD for said year 2014.

That said BLUE SPRUCE SERVICING COMPANY LLC on the 16th day of April 2020, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to BLUE SPRUCE SERVICING COMPANY LLC

On the 1st day of October 2020, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 5th day of May 2020

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published May 14, 21 and 28, 2020 in The Pagosa Springs SUN.

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NOTICE OF PURCHASE OF PROPERTY AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to:

ROZYPAL , BONNIE JO

313 DERBY DRIVE

BOERNE, TX 78006-1755

ROZYPAL, JOHN PATRICK 

313 DERBY DRIVE

BOERNE, TX 78006-1755

You and each of you are hereby notified that on the 5th day of November 2015, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

BLUE SPRUCE SERVICING COMPANY, LLC

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

LOT 293 IN LAKE HATCHER PARK, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD NOVEMBER 5, 1973 AS RECEPTION NO. 78738

Account Number: R001775

Schedule Number: 558336203091

Tax Sale Certificate Number: 2015-03270

and said County Treasurer issued a certificate of purchase therefore to BLUE SPRUCE SERVICING COMPANY, LLC

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2014

That said real estate was taxed or specially assessed in the name(s) of ROZYPAL , BONNIE JO and ROZYPAL, JOHN PATRICK for said year 2014.

That said BLUE SPRUCE SERVICING COMPANY, LLC on the 16th day of April 2020, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to BLUE SPRUCE SERVICING COMPANY, LLC

On the 1st day of October 2020, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 5th day of May 2020

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published May 14, 21 and 28, 2020 in The Pagosa Springs SUN.

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NOTICE OF PURCHASE OF PROPERTY AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to:

SCOTT, CHERIE S

7612 SW 258TH COURT

VASHON, WA 98070-8517

SCOTT, KENNETH P 

7612 SW 258TH COURT

VASHON, WA 98070-8517

You and each of you are hereby notified that on the 5th day of November 2015, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

BLUE SPRUCE SERVICING COMPANY LLC

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

LOT 23 OF BLOCK 13 IN ASPEN SPRINGS SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JULY 6, 1971 AS RECEPTION NO 74567, BEING AN AMENDMENT OF THE PLAT OF ASPEN SPRINGS RANCH SUBDIVISION NO. 3 FILED ON APRIL 9, 1971 AS RECEPTION NO. 74284

Account Number: R003592

Schedule Number: 569312204031

Tax Sale Certificate Number: 2015-03300

and said County Treasurer issued a certificate of purchase therefore to BLUE SPRUCE SERVICING COMPANY LLC

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2014

That said real estate was taxed or specially assessed in the name(s) of SCOTT, CHERIE S and SCOTT, KENNETH P for said year 2014.

That said BLUE SPRUCE SERVICING COMPANY LLC on the 16th day of April 2020, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to BLUE SPRUCE SERVICING COMPANY LLC

On the 1st day of October 2020, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 4th day of May 2020

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published May 14, 21 and 28, 2020 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 April 2020, for Archuleta County.

20CW3018 (13CW3023, 06CW27, 98CW74, 88CW16). DISTRICT COURT, WATER DIVISION NO. 7, STATE OF COLORADO, 1060 East Second Avenue, Rm. 106, Durango, Colorado 81301, (970) 247-2304. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE SAN JUAN RIVER RANCH ASSOCIATION, INC., IN ARCHULETA COUNTY, COLORADO. APPLICATION TO MAKE ABSOLUTE AND FOR FINDINGS OF REASONABLE DILIGENCE. 1. Name, Address, and Telephone Number of Applicant: San Juan River Ranch Association, Inc. (“Applicant”), c/o David Nordstrom, President, P.O. Box 4279, Pagosa Springs, CO 81147., (319) 360-1440, dvnordy@gmail.com Direct All Pleadings to: Steven J. Bushong, Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, sjbushong@pbblaw.com; cwoodard@pbblaw.com 2. Names of Structures: A. Turkey Creek Ranch Reservoir #1, B. Turkey Creek Ranch Reservoir #2, Turkey Creek Ranch Reservoirs #1 and #2 are collectively referred to as the “Reservoirs.” 3. Description of Conditional Water Rights: A. Original Decree: Case No. 88CW16 in the District Court in and for Water Division No. 7, State of Colorado (“Water Court”), decreed on December 9, 1988, B. Subsequent Decrees: the Water Court made subsequent findings of reasonable diligence and confirmed portions of the conditional water rights absolute in the following cases: (1) Water Court Case No. 13CW3023, decreed on April 8, 2014; (2) Water Court Case No. 06CW27, decreed on October 31, 2017 (the “06CW27 Decree”); and (3) Water Court Case No. 98CW74, decreed on May 2, 2000, C. Decreed Locations: i. Turkey Creek Ranch Reservoir #1: In the SE1/4 of the SE1/4 and the SE1/4 of the NE1/4 of the SE1/4 of Section 14, T. 36 N., R. 1 W. of the N.M.P.M., Archuleta County, Colorado. The outlet of Turkey Creek Ranch Reservoir #1 is located whence the South ¼ corner of Section 14, T. 36 N., R. 1 W. of the N.M.P.M. bears South 61° 00’ West a distance of 2,339.2 feet. See Exhibit A., ii. Turkey Creek Ranch Reservoir #2: In the SE1/4 of the SE1/4 and the SE1/4 of the NE1/4 of the SE1/4 of Section 14, T. 36 N., R. 1 W. of the N.M.P.M., Archuleta County, Colorado. The outlet of Turkey Creek Ranch Reservoir #2 is located at a point, being on the outlet of Turkey Creek Ranch Reservoir #1, whence the South ¼ corner of Section 14, T. 36 N., R. 1 W. of the N.M.P.M. bears South 81° 01’ West a distance of 1,568.2 feet. See Exhibit A. D. Source: The source for both Reservoirs is the San Juan River, E. Appropriation Date: The appropriation date for both Reservoirs is August 1, 1987, F. Amounts: i. Turkey Creek Ranch Reservoir #1: Originally decreed 35 acre-feet conditional, of which 20.74 acre-feet was previously made absolute for all uses except municipal; 14.26 acre-feet is conditional for recreation, fisheries, industrial, domestic, and augmentation uses; and 35 acre-feet is conditional for municipal use, ii. Turkey Creek Ranch Reservoir #2: Originally decreed 65 acre-feet conditional, of which 42.8 acre-feet was previously made absolute for all decreed uses except municipal; 22.2 acre-feet is conditional for recreation, fisheries, industrial, domestic, and augmentation uses; and 65 acre-feet is conditional for municipal use, iii. Refill Rights: The Reservoirs were decreed with the right to refill once each season when water is available in accordance with the reservoir’s priority. The refill rights for the Reservoirs in the amount of evaporation loss replacement are absolute for all decreed uses except municipal. That portion of the refill rights for the Reservoirs that was not necessary to replace evaporation losses remains conditional. The refill rights for the Reservoirs for municipal uses remain conditional in their entirety. G. Uses: recreation, fisheries, municipal and industrial, domestic and augmentation water. H. Remarks: As determined in the 06CW27 Decree, the Reservoirs were constructed in their decreed location, although a more specific location for the Reservoirs is provided in that decree. The Reservoirs are filled by the O’Bannon Ditch, the headgate of which is located at a point on the South bank of the San Juan River whence the West quarter corner of Section 13, T. 36 N., R. 1. W. of the N.M.P.M. bears North 16° 19’ West, 999.6 feet. Pursuant to the 06CW27 Decree, absolute status for the municipal use decreed to the Reservoirs shall be granted only if there is a special district or other quasi-municipal entity in place and providing municipal water supply within the development, or if the Applicant can otherwise demonstrate such use. 4. Request to Make Absolute and for Findings of Reasonable Diligence: Pursuant to Paragraph 6 of the 13CW3023 Decree, in April 2020, Applicant installed staff gauges for both reservoirs. The letter attached as Exhibit B discusses the calibration of the staff gauges. Applicant now seeks to make Turkey Creek Ranch Reservoir #1 absolute for an additional 1.47 acre-feet for all decreed uses, except municipal (for a total of 22.21 acre-feet absolute based on a water level elevation of 7473.3) and Turkey Creek Ranch Reservoir #2 absolute for an additional 2.2 acre-feet for all decreed uses, except municipal (for a total of 45.0 acre-feet absolute based on a water level elevation of 7463.7). Photographs of the staff gauge readings on April 27, 2020, are attached as Exhibit C for Turkey Creek Ranch Reservoir #1 and Exhibit D for Turkey Creek Ranch Reservoir #2. Applicant also requests a finding of reasonable diligence and seeks to continue the conditional status for all the water rights decreed to the Reservoirs that have not previously or at this time been made absolute. If the above absolute claims are confirmed, the remaining conditional rights will include (1) 12.79 acre-feet conditional for all uses and 35 acre-feet conditional for municipal uses for Turkey Creek Ranch Reservoir #1; (2) 20.0 acre-feet conditional for all uses and 65 acre-feet for municipal uses for Turkey Creek Ranch Reservoir #2; and (3) the refill rights for both Reservoirs to the extent not used for evaporation loss replacement for all decreed uses and in their full conditional amounts for municipal uses. 5. Outline of work done toward completion of the appropriation and application of water to beneficial use: The subject water rights, along with other water rights and related features, are part of an integrated water supply system for the development of Applicant’s property, and as such, any work done on any component of the system advances the whole. Specific activities that demonstrate diligence toward the application of water to the decreed beneficial uses for the Reservoirs include, but is are not limited to, the following: A. Applicant has hired an engineering firm to explore and design the installation of a non-potable water system to deliver water from the Reservoirs to homes within the San Juan River Ranch development for lawn irrigation, B. Applicant hired an engineering firm to design, construct, and install a gauge on each of the Reservoirs, which in turn allowed for the additional absolute claims set forth above, C. Applicant is investigating a way to connect the Reservoirs to firefighting equipment for the San Juan River Ranch development, D. One additional home was constructed on lots within San Juan River Ranch. Such construction increases the demand for water supplied by San Juan River Ranch. There are four remaining undeveloped lots within San Juan River Ranch, E. The Reservoirs continue to be stocked with fish and utilized by Applicant’s members. The Reservoirs continue to be maintained for this and other decreed uses, F. Applicant made portions of the conditional water rights absolute and obtained findings of reasonable diligence for the remaining conditional portions in Case Nos. 18CW3031 and 18CW3033 for the O’Bannon Ditch, Nordstrom Pond, and SJRR Well #1, which are part of Applicant’s integrated water supply system, G. Applicant has performed ditch maintenance work on the O’Bannon Ditch that fills the Reservoirs, including, but not limited to removing trees, branches, and brush, conducting routine maintenance, and hiring a contractor to repair the irrigation system, H. Applicant maintains its potable water system and its ditches and employs an operator to manage the water system and to irrigate under the San Juan River Ranch’s ditch rights. 6. Owners of lands upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be upon or upon which water is or will be stored: A. Ken Zeiler, 610 Hanover Lane, Irving, Texas 75062; B. Eldora Properties, LLC, 1050 Sandy Bluff Rd., Nashville, GA 31639-0000; C. San Juan River Ranch Partners, LLC, P.O. Box 824, Pagosa Springs, CO 81147. WHEREFORE, Applicant respectfully requests that the Court enter a decree (1) confirming an additional 1.47 acre-feet absolute (for a total of 22.21 acre-feet absolute) for all decreed uses, except municipal, for Turkey Creek Ranch Reservoir #1; (2) confirming an additional 2.2 acre-feet absolute (for a total of 45.0 acre-feet absolute) for all decreed uses, except municipal, for Turkey Creek Ranch Reservoir #2; (3) making findings of reasonable diligence for the remaining conditional water rights for the Reservoirs described in Paragraph 3 above that are not made absolute herein, so that said conditional water rights continue in full force and effect for all decreed amounts and uses; and (4) granting such other and further relief as the Court deems just and proper. (6 pages + 4 Exhibits)

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, 2020, 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: $192.00; Forms are available through the Office of the Water Clerk or on the Judicial web site at www.courts.state.co.us; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301; 970-385-6181)

Published: before May 31, 2020 /s/Danene M. Etz

Danene M. Etz, Water Court Specialist

Published May 14, 2020 in The Pagosa Springs SUN.

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