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Sunday, July 25, 2021

Public Notices — July 15, 2021

District Court, Archuleta County, Colorado

Court Address: 46 Eaton Drive, Suite 1,

Pagosa Springs, CO 81147

(970) 264-8160

Plaintiff: ALPINE LAKES RANCH WATER COMPANY, INC.

Defendant: JEAN MEAD LEWIS

Clayton M. Buchner, Attorney Reg. #50996

444 Lewis Street, PO Box 3855

Pagosa Springs CO 81147

Phone:(970) 507-0227

Email:cmblawllc@gmail.com 

Case Number: 2020CV30046

Division: Courtroom:

SHERIFF’S COMBINED NOTICE OF SALE

SHERIFF SALE NUMBER 2021-09

Under a Judgment and Decree of Foreclosure entered March 23, 2021, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

Original Lienee Jean Mead Lewis

Original Lienor Alpine Lakes Ranch Water Company Inc.

Current Holder of the evidence of debt Alpine Lakes Ranch Water Company Inc.

Date of Liens being foreclosed February 7, 2018 and November 5, 2019

Date of Recording of Liens being foreclosed February 7, 2018 and November 5, 2019

County of Recording Archuleta

Recording Information Reception No. 21800855, Reception No. 21800857, and Reception No. 21906581

Original Principal Balance of the Secured Indebtedness $19,090.66

Outstanding Principal Balance of the Secured Indebtedness as of the date hereof $19,090.66

Amount of Judgment Entered March 23, 2021 $27,891.49

Description of property to be foreclosed: 

TRACT 26, ALPINE MEADOWS UNIT 2, ALPINE LAKES RANCH, PAGOSA SPRINGS, COLORADO, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD FEBRUARY 14, 2000 AS RECEPTION NO. 20001572.

Parcel ID Number: 597105405003

Also known and numbered as:

105 Spence Cabin Court

Pagosa Springs CO 81147

THE PROPERTY TO BE FORECLOSED AND DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

NOTICE OF FORECLOSURE SALE

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10:00 o’clock A.M. on 13th of August, 

2021, at the Archuleta County Sheriff’s Office at 85 Harman Park Drive, Pagosa Springs, Colorado, 81147, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: June 17, 2021

Last Publication: July 15, 2021

Name of Publication: The Pagosa Springs Sun

The name, address and telephone number of each of the attorneys representing the holder of the evidence of the debt is as follows:

Clayton M. Buchner

CMB Law LLC

PO Box 3855

444 Lewis Street

Pagosa Springs CO 81147

(970) 507-0227

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

Dated at Archuleta County, Colorado: May 10, 2021

RICH VALDEZ, SHERIFF

ARCHULETA COUNTY, COLORADO

By: Lorena Medina, Office Manager 

Published June 17, 24, July 1, 8 and 15, 2021 in The Pagosa Springs SUN.


District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P.O. Box 148

Pagosa Springs, CO 81147

Tel. 970.264.2400

Masters Place Condominiums Property 

Owners Association, Inc. 

Plaintiff

v. 

ROBERT DUANE DUNN A/K/A ROBERT D DUNN, et al

Defendants

Case No.: 2021CV30033

Attorney for Plaintiff:

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901

Tel. 479.242.8814

Email: chris@hjclegal.com

Atty. Reg. No.: 51651

SUMMONS BY PUBLICATION

TO THE PEOPLE OF THE STATE OF COLORADO

TO THE FOLLOWING DEFENDANT(S):

ROBERT DUANE DUNN A/K/A ROBERT D DUNN

ELLEN MARIE DUNN A/K/A ELLEN M DUNN

GIA CONNER HIGGINBOTHAM

FRANK N FREDRICKSON

CHERRY L FREDRICKSON

ALVIN F MESSERSMITH

CATHERINE M MESSERSMITH

KYLE SMITH

MICHAEL A JENKINS

CINDY JENKINS

ROGER A MOORE, SR., TRUSTEE OF THE

MOORE FAMILY REVOCABLE TRUST,

DATED DECEMBER 24, 1987

DOROTHY C MOORE, TRUSTEE OF THE

MOORE FAMILY REVOCABLE TRUST,

DATED DECEMBER 24, 1987

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 in rem action of judicial foreclosure on your timeshare interest(s) located at Masters Place Condominiums for failure to pay assessments to Masters Place Condominiums Property Owners Association, Inc. 

Plaintiff Attorney: Christopher B. Conley, Attorney at Law, Reg. No. 51651, 700 South 21st Street, Fort Smith, AR 72901.

Published in the Pagosa Springs Sun

First Publication: July 1, 2021

Last Publication: July 29, 2021

/s/ Christopher B. Conley 

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901

Atty. Reg. No.: 51651

Published July 1, 8, 15, 22 and 29, 2021 in The Pagosa Springs SUN.


District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P.O. Box 148

Pagosa Springs, CO 81147

Tel. 970.264.2400

Village Pointe Property Owners Association, Inc.

Plaintiff

v. 

RALPH A GETZFRED, et al

Defendants

Case No.: 2021CV30032

Attorney for Plaintiff:

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901

Tel. 479.242.8814

Email: chris@hjclegal.com

Atty. Reg. No.: 51651

SUMMONS BY PUBLICATION

TO THE PEOPLE OF THE STATE OF COLORADO

TO THE FOLLOWING DEFENDANT(S): JAMES T LAWRENCE

CLAUDIA M LAWRENCE

GENE A SMIT

ALICE F SMIT

CHRISTOPHER R HAURY

EARL J GRONNIGER

S JANE GRONNIGER

TOBY J SKAGGS

NELDA J SKAGGS

BRYAN L MCKINLEY

JUDITH ANN MCKINLEY

DENNIS L SELLDEN

DIANA L SELLDEN

BERT CALLAHAN

DEBORAH A CALLAHAN

PAMELA GRAY GOODEYON

MAHLON H GRAY

WILLIAM GRAY IV

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 in rem action of judicial foreclosure on your timeshare interest(s) located at Village Pointe Condominiums for failure to pay assessments to Village Pointe Property Owners Association, Inc. 

Plaintiff Attorney: Christopher B. Conley, Attorney at Law, Reg. No. 51651, 700 South 21st Street, Fort Smith, AR 72901.

Published in the Pagosa Springs Sun

First Publication: July 1, 2021

Last Publication: July 29, 2021

/s/ Christopher B. Conley 

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901

Atty. Reg. No.: 51651

Published July 1, 8, 15, 22 and 29, 2021 in The Pagosa Springs SUN.


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:

BERKELEY  DANIEL VINCENT

351 SOUTHWYCK HOUSE

CLAREWOOD WALK LONDON  SW9 8TT

ENGLAND  00000

BERKELEY  DANIEL VINCENT

P O BOX 2155

PAGOSA SPRINGS, CO 81147

You and each of you are hereby notified that on the 7th day of November 2013, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

Archuleta County

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

LOT 4 IN ASPEN SPRINGS SUBDIVISION NO.5, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD AUGUST 3, 1971 AS RECEPTION NO. 74690.

Account Number: R014873

Schedule Number:  589303302003

Tax Sale Certificate Number: 2013-02782

and said County Treasurer issued a certificate of purchase therefore to Archuleta County

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2012

That said real estate was taxed or specially assessed in the name(s) of  BERKELEY  DANIEL VINCENT for said year 2012.

That said INA GROUP LLC on the 1st day of June 2021, 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 INA GROUP LLC

On the 10th day of November 2021, 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 18th day of June 2021

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published July 8, 15 and 22, 2021 in The Pagosa Springs SUN.


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:

FRANK G. MARTINEZ A/K/A 

FRANK GILBERT MARTINEZ 

102 N. 30TH DRIVE

PHOENIX, AZ 85009

FRANK GILBERT MARTINEZ

102 N. 30TH DRIVE

PHOENIX, AZ 85009

MARIE J. SALEGO

102 N. 30TH DRIVE

PHOENIX, AZ 85009

NICK J. MARTINEZ

102 N 30TH DRIVE

PHOENIX, AZ 85009

You and each of you are hereby notified that on the 2nd day of November 2017, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

OCK LLC

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

THE E1/2E1/2SW1/4SW1/4, THE W1/2NE1/4SW1/4SW1/4, AND THE NW1/4SE1/4SW1/4SW1/4, OF SECTON 33, TOWNSHIP 33 NORTH, RANGE 5 WEST, N.M.P.M, ARCHULETA COUNTY, COLORADO

Account Number: R016097

Schedule Number: 595933300021

Tax Sale Certificate Number: 2017-04031

and said County Treasurer issued a certificate of purchase therefore to OCK LLC

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2016

That said real estate was taxed or specially assessed in the name(s) FRANK G. MARTINEZ A/K/A FRANK GILBERT MARTINEZ; NICK J. MARTINEZ, JR. A/K/A NICK JOE MARTINEZ, JR.; JOSEPH RAY HUNT F/K/A JOSEPH ANTHONY HUNT F/K/A/ JOSEPH ANTHONY MARTINEZ; CHRISTOPHER RAY HUNT A/K/A CHRISTOPHER RAY MARTINEZ-HUNT A/K/A/CHRIS HUNT F/K/A CHRISTOPHER DANIEL HUNT F/K/A/CHRISTOPHER DANIEL MARTINEZ; EVA MARTINEZ A/K/A/ EVA MARTINEZ CONTRERAS; AND LUIS MARTINEZ; HEIRS OF DONALD FRANK MARTINEZ, DECEASED; HEIRS OF DONALD ABLE MARTINEZ, DECEASED; HEIRS OF DAVID ANTHONY MARTINEZ, DECEASED; AS THEIR INTERESTS MAY APPEAR 

That said OCK LLC on the 1st day of June 2021, 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 OCK LLC

On the 10th day of November 2021, 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 29th day of June 2021

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published July 8, 15 and 22, 2021 in The Pagosa Springs SUN.


The Town of Pagosa Springs will be performing preventative maintenance on multiple roads throughout the community the week of July 19th. The Town is continuing the sealcoating program that has occurred for the last two summers. The process of seal coating helps to preserve asphalt pavements. The product we are using acts as a sealer and a wear surface. Seal coating is similar to painting a house, the paint protects the infrastructure below it and extends the life of the structure. 

Town staff has selected a different product this year that will allow the work to be completed over one week and allow traffic back on the roads in two hours, instead of keeping the road closed for 24 hours like in the past. This product is also rated for higher speeds and higher traffic volumes. Because the treatment needs to dry for 2 hours, there will be short times that you may not be able to access your property from the treated road or may be detoured on a slightly different route. Door hangers will be placed on the properties directly affected by the closures in advance of the treatment and traffic control will be in place around the work. 

The roads that the Streets Division plan on treating with sealcoat in 2021 are (Alphabetical): 15th Pl, Apache St, Aspen Village Dr, Cornerstone Dr, Majestic Dr, Mesa Dr, and Navajo St.

Sorry for the inconvenience that this program might cause, please bear with us while we work to improve Pagosa Springs’ roads. Contact Public Works at 970-264-4151 x400 with questions.

Published July 8 and 15, 2021 in The Pagosa Springs SUN.


DISTRICT COURT, WATER DIVISION 7, 

COLORADO

WATER RESUME

(This publication can be viewed in its entirety on the state court website at: www.courts.state.co.us).

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 a portion of the resume of all water right applications filed in the Office of the Water Clerk during the month of June 2021, for Archuleta County and Mineral County.

21CW18 Peter & Linda Hauber, 4158 W Avenue L2, Lancaster, CA 93536: Chavez No 2 Ditch; San Juan River; Archuleta County; Date of original decree, 4/19/62; Case no., CA 0308; Subsequent decrees, 1/31/08, 07CW28, 7/02/15, 14CW5, 99CW63, 92CW44, 85CW111; NW1/4SW1/4, Section 18, T32N, R3W, NMPM; Easting 4098959, Northing 302208; 1929 feet from South, 853 feet from West; Appropriation date, 12/12/50; 3.0 cfs; Irrigation of 40 acres; Work towards completion of project outlined in application. Application for Finding of Reasonable Diligence (7 pages including exhibits) 

21CW3029 Application For Junior Surface Water Right and Appropriative Rights of Exchange in Mineral, Archuleta, Rio Grande, Conejos, and Alamosa Counties. 1. Name, Address and Telephone Number of Applicant: United States of America, Department of the Interior, Bureau of Land Management, San Luis Valley Field Office, 1313 Highway 160, Monte Vista, CO 81144. 2. Introduction and Background. The Bureau of Land Management (BLM) acquired the trans-basin Treasure Pass Diversion Ditch (ditch) and its associated water right in April 2019. BLM is simultaneously filing two water right applications to accomplish its management objectives for this ditch. In Water Division 3, BLM is filing an application to change the historic Treasure Pass Diversion Ditch water right to types of use and places of use that will support BLM’s resource management objectives along with appropriative rights of exchange. In Water Division 7, BLM is filing an application for a junior water right to be diverted at the ditch along with appropriative rights of exchange. The BLM is pursuing these dual applications because BLM has demands in excess of the historic Treasure Pass Diversion Ditch water right of 7 cubic feet per second (cfs). These demands are partially satisfied by diversions from the ditch under a junior water right. The historical diversion records for the ditch show frequent diversions in the range between 7 cfs and 13 cfs, demonstrating that there is physical capacity in the ditch above 7 cfs, and that diversions above 7 cfs were part of the historical operating practice. This application, which requests a junior water right, addresses any diversions made by the ditch up to 13 cfs that are not made under the historical water right. The changed historical water right and the new junior water right will support wetlands habitat and wildlife management at BLM’s Blanca Wetlands Area (Blanca Wetlands) and South San Luis Lakes Area (SSLA). To deliver the changed water right and new junior water right in the correct timing and amount to support wetland habitat and wildlife management objectives, the applications request water court confirmation of the storage and subsequent release of the changed historical water right and new junior water right for beneficial use. The reservoirs in which changed historical water right and junior water right will be stored include reservoirs owned and managed by Colorado Parks and Wildlife (CPW) and other reservoirs where BLM has agreements for storage space. In addition, the applications request water court confirmation of exchange operations involving the changed historical water right and junior water right. These operations are required to move diverted water into storage and to deliver direct flow and stored water to the place of use at Blanca Wetlands and SSLA. 3. Water Court Jurisdiction and Venues. The appropriate venue in which to adjudicate a change application for a trans-basin ditch is Water Division No. 3, the basin of use. Statements of Opposition should be filed in Water Division No. 3. The appropriate venue in which to adjudicate a junior water right for an existing transbasin ditch is Water Division No. 7, the basin of diversion. See Department of Natural Resources v. Ogburn, 560 P.2d 4 at 5 (Colo. 1977). Statements of Opposition should be filed in Water Division 7. To provide broad inquiry-level notice, the change of water right application and the junior water right application will be noticed in both Water Division 3 and Water Division 7. Both applications also include an attachment showing the application that is filed simultaneously in other Water Division, so that any inquiring party reviewing the application will be able to see all pending water rights applications concerning Treasure Pass Diversion Ditch. 4. Treasure Pass Diversion Ditch Junior Water Right. A. Name of Structure: Treasure Pass Diversion Ditch Junior Water Right. B. Legal description of each point of diversion: Identical to the points of diversion set forth in the historic water right for Treasure Pass Diversion in Civil Action 73 and 308, District Court In and For Archuleta County, Colorado, as described below: The said ditch is located on unsurveyed land, but a monument was erected on the top of what is known as Wolfe Creek Pass, in Mineral County, Colorado, consisting of a post 4” in diameter set in the ground surrounded to a height of 2 ½ feet by a mound of flat rock. The headgate of the North Feeder Lateral is located at a point on the south bank of a tributary to Wolfe Creek, a tributary of the West Fork of the San Juan River, from which it derives its supply of water, whence the monument bears South 50° 26’ East 2,226.3 feet. The headgate of the South Feeder Lateral is located at a point on the north bank of a tributary to Wolfe Creek, a tributary of the West Fork of the San Juan River, from which it derives its supply of water, whence the aforesaid monument bears North 41° 04’ East 3,347.8 feet in Mineral County, Colorado. C. Place of Delivery. Identical to the historical Place of Delivery set forth in the CA308 decree for Treasure Pass Diversion Ditch. Description from the CA308 decree: Claim is made to convey the water by the two feeder laterals mentioned into the main channel of Treasure Pass Diversion Ditch and thence conveyed across Wolf Creek Pass and deliver the water into the West Fork of Pass Creek, and thence to the Rio Grande River to the San Luis Valley, where its equivalent will be diverted into ditches utilized by Claimants for the irrigation of their land by the Rio Grande River. BLM Description of Facilities Outlined in the CA308 Decree: The North Feeder Lateral and the South Feeder Lateral are constructed at a grade that carries the water from the diversion points to Wolf Creek Pass. At Wolf Creek Pass, the two feeders join, and the water is carried across the pass in a common ditch and measured by a flume equipped with satellite telemetry. Because this water is trans-basin water, diverted from the San Juan Basin into the Rio Grande Basin, one hundred percent (100%) of the water delivered to the Rio Grande Basin may be consumptively used to extinction. The GPS coordinates for the measurement device on the ditch are NAD 83 Zone 13 340870mE 4149936mN D. Source: Unnamed tributaries to Wolf Creek, which are tributary of the West Fork of the San Juan River. E. Date of Appropriation: June 29, 2019. F. Amount claimed: 13.0 cfs, absolute G. How appropriation was initiated: BLM diverted water through the existing Treasure Pass Diversion Ditch and measured the diversion amount at the measurement flume located on the south side of Highway 160 over Wolf Creek Pass. Diverted water was placed into storage at Beaver Park Reservoir. H. Date water was applied to beneficial use: Water previously diverted under the junior water right and stored in Beaver Park Reservoir was delivered to Blanca Wetlands Area on March 31, 2021. I. Places of Storage. BLM requests water court authorization to store the junior Treasure Pass Diversion Ditch water right after diversion at the decreed points of diversion in any of the following reservoirs, including authorization to carry over stored water in these facilities from one water year to the next. BLM will not store water in any of the reservoirs listed below without the written permission of the reservoir owner. This application does not request an independent water storage right in any of the reservoirs listed below and instead requests authorization to store water pursuant to an agreement between the reservoir owner and BLM. Reservoir Name: Alberta Park Reservoir WDID: 2003531 Relevant Decrees: CA2673 Absolute Amounts (AF): 597.5 Adjudication Dates: 1/27/1960 Appropriation Dates: 9/27/1930 Legal Description: Located at a point on the northwesterly end of the dam, whence the NW corner of Sec.19, T39N, R2E, NMPM bears North 26°27’ West 56,628 feet. Reservoir Name: Beaver Park Reservoir WDID: 2003532 Relevant Decrees: 09/13/1916 and CA2673 Absolute Amounts (AF): 4,434 and 334.4 Adjudication Dates: 9/13/1916 and 1/27/1960 Appropriation Dates: 4/30/1910 and 5/10/1946 Legal Description: Located at a point whence the East ¼ corner of Section 28, T39N, R3E, NMPM bears North 79°13’ East 2,065.45 feet. Reservoir is located in Sec. 27, 28, 33, and 34, T39N, R3E, and Sec.3, T38N, R3E, NMPM. Reservoir Name: Big Meadows Reservoir WDID: 2003589 Relevant Decrees: CA3982 Absolute Amounts (AF): 2,437 Adjudication Dates: 4/21/1972 Appropriation Dates: 8/27/1959 Legal Description: Located at a point whence Mt. Hope bears North 85°50’ West, and is a point on the Northwesterly end of the dam at high water line, and whence Heart Mountain bears South 49°00’ East and is a point on the Southeasterly end of the dam at high water line. Reservoir is situated in Sections 17 and 18, T38N, R2E, NMPM. Reservoir Name: Troutvale Reservoir WDID: 2003569 Relevant Decrees: 9/13/1916 Absolute Amounts (AF): 1,020.6 Adjudication Dates: 9/13/1916 Appropriation Dates: 9/1/1911 Legal Description: Located at a point whence the North ¼ corner of Section 16, T41N, R3W, NMPM bears North 70°54’30” West 915 feet. Reservoir Name: Troutvale Reservoir No. 2 WDID: 2003585 Relevant Decrees: CA3982 Absolute Amounts (AF): 435.37 Adjudication Dates: 4/21/1972 Appropriation Dates: 6/17/1940 Legal Description: Located at a point whence the North ¼ corner of Section 10, T41N, R3W, NMPM bears North 27°08’ West 2,175.5’ and is a point on the Northwesterly end of the dam at high water line. Reservoir is situated in Section 10, T41N, R3W, NMPM. Reservoir Name: La Jara Reservoir WDID: 2103582 Relevant Decrees: 2/07/1918 Absolute Amounts (AF): 14,056.5 Adjudication Dates: 2/7/1918 Appropriation Dates: 12/13/1904 Legal Description: From said inlet works located in the La Jara Creek, said reservoir runs in a southeasterly direction about four miles to a point in the northeast quarter of section 31, T35N, R6E, NMPM, where the dam used for the impounding of water in said reservoir is now located and constructed and where the outlet works of said reservoir are now located, at a point which bears north 10°44’10” west 28,607.8 feet. Reservoir is situated on parts of Sections 7, 18, 19, 29, 30, 31 and 32, in T35 N, R6E, NMPM, and Sections 13, 24, 25, in T35N, R5E, NMPM. Reservoir Name: Rito Hondo Reservoir WDID: 2003588 Relevant Decrees: CA3982 Absolute Amounts (AF): 561.46 Adjudication Dates: 4/21/1972 Appropriation Dates: 10/4/1954 Legal Description: Located at a point whence the SE corner of Sec.22, T42N, R3W, NMPM bears South 10°41’ East 3,546.61 feet and is a point on the westerly end of the dam at high water line. Reservoir is situated in Sec.15 and 22, T42N, R3W, NMPM. Reservoir Name: Road Canyon Reservoir WDID: 2003555 Relevant Decrees: 09/13/1916 Absolute Amounts (AF): 1,182.75 Adjudication Dates: 9/13/1916 Appropriation Dates: 5/17/1908 Legal Description: Situated in Sec.26, 27 and 34, T41N, R3W and Sec.3, T40N, R3W, NMPM. Reservoir Name: Road Canyon Reservoir No. 2 WDID: 2003584 Relevant Decrees: CA3982 Absolute Amounts (AF): 117.27 Adjudication Dates: 4/21/1972 Appropriation Dates: 6/26/1922 Legal Description: The initial point of survey of the high water line of said reservoir is located at a point whence the corner common to Sections 26, 27, 34 and 35, T41N, R3W, NMPM, bears North 27°48’ East 10,273.69 feed, and is a point on the easterly end of the dam at high water line. Reservoir is situated in the West ½ of the SW1/4, Sec.3, and the SE1/4, SE1/4 of Sec.4, T40N, R3W, NMPM. Reservoir Name: Trujillo Meadows Reservoir WDID: 2203575 Relevant Decrees: W-0047 Absolute Amounts (AF): 913.15 Adjudication Dates: 12/31/1970 Appropriation Dates: 8/31/1954 Legal Description: That the initial point of survey of the high water line is located at a point whence the North quarter corner of Section 5, Township 32 North, Range 5 East NMPM, bears North 67°19’35” East 283.21 feet and is a point on the northerly end of the dam at high water line. Said reservoir is situated in Section 5, T32N, R5E, NMPM and Sec.32, T33N, R5E, NMPM. Reservoir Name: San Luis Lake WDID: 3503531 Relevant Decrees: W-3962, 95CW40, 95CW004 Absolute Amounts (AF): 8645, 5752.72, 410 Adjudication Dates: 12/31/1978, 12/31/1987, 12/31/1995 Appropriation Dates: 8/5/1969, 11/25/1986, 11/01/1994 Legal Description: A natural lake located in portions of sections 25, 26, 35 and 36, R11E, T40N of the NMPM. The northwest corner of section 19, R12E, T40N, bears north 44 deg. 56’55” east o distance of 10,261.42 feet from the inlet of said lake and north 30 degrees 44’18” east a distance of 15,764.45 feet from the outlet. Reservoir Name: Shaw Reservoir WDID: 2003559 Relevant Decrees: 9/13/1916, 9/13/1916, CA 2673 Absolute Amounts (AF): 510.84, 127.71, 42.05 Adjudication Dates: 9/13/1916, 9/13/1916, 1/27/1960 Appropriation Dates: 9/18/1895, 9/18/1895, 9/27/1954 Legal Description: A point between Stations 0 and 2 in the Southeast Quarter of the Southeast Quarter of Section 31, T39N R2E, New Mexico P.M. Reservoir Name: Platoro Reservoir WDID: 2203574 Relevant Decrees: W-3253 Absolute Amounts (AF): 53,571.0 Adjudication Dates: 10/24/1985 Appropriation Dates: 6/1/1905 Legal Description: A point whence the Northeast corner of Section 21, T36N R4E, NMPM bears North 14°56’08” East a distance of 2,477.8 feet. J. Places of Use. Within Blanca Wetlands, as described below: Township 38 North, Range 11 East N.M.P.M: Section 1, NW ¼, NE ¼, SE ¼ of Section 2, Section 12, NW ¼, NE ¼, SE ¼, N ½ of the SW ¼, of Section 13, and NE ¼ of Section 24. Township 38 North, Range 12 East, N.M.P.M: W ½ of Section 4, Sections 5, 6, 7, 8, 17 W ½ Section 9, and N ½ of Section 18. Township 39 North, Range 12 East, N.M.P.M: SE ¼ of the SW ¼ and SW ¼ of the SE ¼ of Section 30, E ½ of the W ½ and the E ½ of Section 31, and NW ¼, SW ¼, and SE ¼ of Section 32. Within the SSLA, as described below: Township 39 North, Range 12 East N.M.P.M.: SE ¼ Section 18, All of Section 19. Township 39 North, Range 11 East, N.M.P.M: SE ¼ Section 24. K. Type of Use. Irrigation of wetlands, marshes, meadows, and playas areas; creation and support of fish and wildlife habitat in ponds, diked areas, and natural basins; wildlife watering; recreation; non-potable domestic use; piscatorial and fish propagation; augmentation use; replacement of evaporative losses necessary to effectuate the aforementioned uses; storage in reservoirs listed in Paragraph 4.I. necessary to effectuate the aforementioned uses; exchanges necessary to effectuate the aforementioned uses. The augmentation use includes, but is not limited to, the following: Use of the junior water right as an augmentation water source for the Blanca Wetlands augmentation plan decreed in case number 2002 CW 38 B. After this case is decreed, BLM will follow the Notice of Use procedure described in Paragraph 13.C.1 of the 2002 CW 38B decree to add the changed water right to the authorized list of augmentation water sources. Use of the junior water right through a BLM contract with one or more Subdistricts of the Rio Grande Water Conservation District for the purpose of remedying injurious depletions to the Rio Grande and Conejos River caused by groundwater well operations. This use will occur pursuant to a substitute water supply plan approved by Colorado Division of Water Resources or pursuant to an augmentation plan approved by District Court, Water Division 3. Use of the junior water right as a source of water for the San Luis Valley Water Conservancy District’s (District) Augmentation Program for the augmentation of out of priority diversions by Participants located within the District’s boundaries, as those boundaries may change from time to time in accordance with the statute. The District operates its Augmentation Program pursuant to the decrees entered in Case Nos. 84CW16, 93CW43, 94CW62, 03CW41, 05CW13, 07CW63, 09CW34 and 14CW3011, all decreed in District Court, Water Division No. 3. Other augmentation uses that are approved pursuant to a substitute water supply plan approved by Colorado Division of Water Resources or pursuant to an augmentation plan approved by District Court, Water Division 3. BLM also seeks water court confirmation that it is authorized to make a fully consumptive first use of the junior water right or to use, reuse, and successively use and dispose of the water to extinction for the purposes described in this application. 5.Appropriative Rights of Exchange. A. Source of Water. The Treasure Pass Diversion Ditch Junior Water Right described in Paragraph 4. B. Place of Use: Identical to those set forth in Paragraphs 4J. C. Type of Use: Identical to those set forth in Paragraphs 4K. D. Treasure Pass Diversion Ditch to Beaver Park Reservoir Exchange 1. Exchange From Point: The confluence of the South Fork of the Rio Grande with Beaver Creek, located in the SW ¼ SE ¼, Sec. 17, T39N R3E, NMPM. UTM Coordinates: NAD 83, Zone 13, 351413mE 4165149mN 2. Exchange To Point: Located at a point whence the East ¼ corner of Section 28, T39N, R3E, NMPM bears North 79°13’ East 2,065.45 feet. Reservoir is located in Sec. 27, 28, 33, and 34, T39N, R3E, and Sec.3, T38N, R3E, NMPM. 3. Amount Claimed: 13.0 cfs, absolute 4. Date of Appropriation: June 29, 2019 5. Date Exchange Made Absolute: June 29, 2019 E. Closed Basin Project Canal Exchange 1. Exchange From Point: The confluence of the Closed Basin Project Canal with the Rio Grande, located in the SW ¼ SW ¼, Sec. 28, T37N R11E, NMPM. UTM Coordinates: NAD 83, Zone 13, 430940mE 4141480mN 2. Exchange To Reach: Any location along the Closed Basin Project Canal that is adjacent to BLM’s Blanca Wetlands Area and South San Luis Lakes Area. This reach includes BLM Turnouts CHO3 and CHO4 as follows: Turnout CHO3: NE ¼ SW ¼, Section 4, Township 38 North, Range 12 East, N.M.P.M. UTM Coordinates: NAD 83, Zone 13, 440976mE 4157892mN. Turnout CHO4: SW ¼ SW ¼, Section 9, Township 38 North, Range 12 East, N.M.P.M. UTM Coordinates: NAD 83, Zone 13, 440447mE 4156005mN. The upper terminus of the Exchange To Reach is as follows: NE ¼ NW ¼, Section 6, T39N R12E, N.M.P.M. UTM Coordinates: NAD 83, Zone 13 437990mE 4168640mN. This location is commonly known as the point where the Closed Basin Project Canal crosses under Alamosa County Road 6 North. The lower terminus of the Exchange To Reach is as follows: SW ¼ SW ¼, Section 17, T38N R12E, N.M.P.M. UTM Coordinates: NAD 83, Zone 13 438742mE 4154182mN 3. Amount Claimed: 8 cfs, absolute. 4. Date of Appropriation: March 31, 2021 5. Date Exchange Made Absolute: March 31, 2021 6. Structures Involved In Exchange: To provide a source of water for the exchange, water from the junior water right may be released directly from the Treasure Pass Diversion Ditch or from any of the reservoirs listed in Paragraph 5.D. of this application. Exchange operations may also involve releasing water from the aforementioned facilities to the headgate of the Chicago Ditch, operated by Alamosa National Wildlife Refuge. An equivalent volume of Closed Basin Project mitigation water, otherwise destined for Alamosa National Wildlife Refuge, will be diverted from the Exchange To Reach. The Chicago Ditch (WDID 2000575) is described as follows: Original Decrees: May 1, 1896 and October 15, 1934. Decreed Point of Diversion: A point on the east bank of the Rio Grande-Del Norte from which it derives its supply of water, whence the one-quarter corner between Sections Eleven (11) and Twelve (12) in Township Thirty-seven (37) North, and in Range Ten (East) of the New Mexico Principal Meridian bears North 01° 12’ East 1400.3 feet. F. Use of Facilities Owned By Other Parties. BLM will not utilize any of the facilities listed in Paragraph 4.I. without the written permission of the facility owner. This application does not request an independent water right in any facilities listed in Paragraph 4.I. and instead requests authorization to exchange water pursuant to an agreement between the facility owner and BLM. 6. Names and Addresses of Owners, Structures and of Land on which Structures Are Located: Barry Beal, High Valley Ranch, LLC, 104 S. Pecos St., Midland, TX 79701. United States Department of Agriculture, Rio Grande National Forest, 1803 W. Highway 160, Monte Vista, CO 81144 Attention: Andrew Peterson. State Land Board, Southwest District Office, District Manager, 305 Murphy Drive, Suite A, Alamosa 81101 Attention: Ron Rivale. Rio Grande Water Conservation District, 8805 Independence Way, Alamosa, CO 81101 Attention: Cleave Simpson. United States Department of the Interior, Bureau of Reclamation, Closed Basin Division, San Luis Valley Project, Colorado, 10900 Hwy 160 East, Alamosa, CO 81101 Attention: Russ Plummer. United States Department of Agriculture, Forest Service, Pagosa Ranger District, 180 Pagosa St., Pagosa Springs, CO 81147. Attention: Rebecca Smith. Colorado Parks and Wildlife, 6060 Broadway, Denver, CO 80216 Attention: Ed Perkins. The Nature Conservancy, 2424 Spruce St., Boulder, CO 80302 Attention: Heidi Shirk U.S. Fish and Wildlife Service, 6120 Highway 15, Monte Vista, CO 81144 Attention: Chris Shaffer. Shaw Reservoir Company, 6820 Colorado Highway 17, Alamosa, CO 81101 Attention: Dan Russell. 7. Remarks: The following report is hereby attached to and made part of this application: Preliminary Engineering Report to Support a Claim for a Change of Water Right in the Treasure Pass Diversion Ditch, an Appropriation of a Junior Transbasin Water Right, and an Appropriative Right of Exchange by Martin and Wood Water Consultants, Inc. This report contains maps of the ditch location, historical water use location, BLM’s water use location, and locations of exchanges. (38 pages including exhibits)

21CW3014 (filed in Water Div 3) Application For Change of Surface Water Right and Appropriative Rights of Exchange in Mineral, Archuleta, Rio Grande, Conejos and Alamosa Counties. 1. Name, Address and Telephone Number of Applicant: United States of America, Department of the Interior. Bureau of Land Management, San Luis Valley Field Office 1313 Highway 160, Monte Vista, CO 81144. 2. Introduction and Background. The Bureau of Land Management (BLM) acquired the trans-basin Treasure Pass Diversion Ditch (ditch) and its associated water right in April 2019. BLM is simultaneously filing two water right applications to accomplish its management objectives for this ditch. In Water Division 3, BLM is filing an application to change the historic Treasure Pass Diversion Ditch water right to types of use and places of use that will support BLM’s resource management objectives along with claiming appropriative rights of exhange. In Water Division 7, BLM is filing an application for a junior water right to be diverted at the ditch along with appropriative rights of exchange. The BLM is pursuing these dual applications because BLM has demands in excess of the historic Treasure Pass Diversion Ditch water right of 7 cubic feet per second (cfs). These demands are partially satisfied by diversions from the ditch under a junior water right. The historical diversion records for the ditch show frequent diversions in the range between 7 cfs and 13 cfs, demonstrating that there is physical capacity in the ditch above 7 cfs, and that diversions above 7 cfs were part of the historical operating practice. This application, which focuses on the change of the historical water right, addresses diversion diversions of up to 7 cfs that were made under the historical water right. The changed historical water right and the new junior water right will support wetlands habitat and wildlife management at BLM’s Blanca Wetlands Area (Blanca Wetlands) and South San Luis Lakes Area (SSLA). To deliver the changed water right and new junior water right in the correct timing and amount to support wetland habitat and wildlife management objectives, the applications request water court confirmation of the storage and subsequent release of the changed historical water right and new junior water right for beneficial use. The reservoirs in which changed historical water right and junior water right will be stored include reservoirs owned and managed by Colorado Parks and Wildlife (CPW) and other reservoirs where BLM has agreements for storage space. In addition, the applications request water court confirmation of exchange operations involving the changed historical water right and junior water right. These operations are required to move diverted water into storage and to deliver direct flow and stored water to the place of use at Blanca Wetlands and SSLA. 3. Water Court Jurisdiction and Venues. The appropriate venue in which to adjudicate a change application for a trans-basin ditch is Water Division No. 3, the basin of use. See Department of Natural Resources v. Ogburn, 560 P.2d 4 at 5 (Colo. 1977). Statements of Opposition should be filed in Water Division No. 3. The appropriate venue in which to adjudicate a junior water right for an existing trans-basin ditch is Water Division No. 7, the basin of diversion. (See id.) Statements of Opposition should be filed in Water Division 7. To provide broad inquiry-level notice, the change of water right application and the junior water right application will be noticed in both Water Division 3 and Water Division 7. Both applications also include an attachment showing the application that is filed simultaneously in the other Water Division, so that any inquiring party reviewing the application will be able to see all pending water rights applications concerning Treasure Pass Diversion Ditch. 4. Previous Decree Information for Water Right to be Changed. A. Water Rights: The BLM purchased 100% interest in and to the Treasure Pass Diversion Ditch and its associated water right. B. Original Decree: Civil Action 73 and 308, District Court In and For Archuleta County, Colorado. C. Adjudication Date: April 19, 1962. D. Appropriation Date: August 1, 1922. E. Priority: Priority No. 284 in Water District No. 29. F. Use: For the irrigation of the said eight hundred (800) acres of land located in Water District No. 20 of Colorado, and as supplemental to and in addition to the decreed rights for the same land in Water District No. 20. G. Amount: 7.0 cfs, absolute H. Source: Unnamed tributaries to Wolf Creek, which are tributary of the West Fork of the San Juan River. I. Decreed Points of Diversion: The said ditch is located on unsurveyed land, but a monument was erected on the top of what is known as Wolfe Creek Pass, in Mineral County, Colorado, consisting of a post 4” in diameter set in the ground surrounded to a height of 2 ½ feet by a mound of flat rock. The headgate of the North Feeder Lateral is located at a point on the south bank of a tributary to Wolfe Creek, a tributary of the West Fork of the San Juan River, from which it derives its supply of water, whence the monument bears South 50° 26’ East 2,226.3 feet. The headgate of the South Feeder Lateral is located at a point on the north bank of a tributary to Wolfe Creek, a tributary of the West Fork of the San Juan River, from which it derives its supply of water, whence the aforesaid monument bears North 41° 04’ East 3,347.8 feet in Mineral County, Colorado. J. Place of Delivery: Description from the CA308 decree: Claim is made to convey the water by the two feeder laterals mentioned into the main channel of Treasure Pass Diversion Ditch and thence conveyed across Wolf Creek Pass and deliver the water into the West Fork of Pass Creek, and thence to the Rio Grande River to the San Luis Valley, where its equivalent will be diverted into ditches utilized by Claimants for the irrigation of their land by the Rio Grande River. BLM Description of Facilities Outlined in the CA308 Decree: The North Feeder Lateral and the South Feeder Lateral are constructed at a grade that carries the water from the diversion points to Wolf Creek Pass. At Wolf Creek Pass, the two feeders join, and the water is carried across the pass in a common ditch and measured by a flume equipped with satellite telemetry. Because this water is trans-basin water, diverted from the San Juan basin into the Rio Grande basin, one hundred percent (100%) of the water delivered to the Rio Grande basin may be consumptively used to extinction. The GPS coordinates for the measurement device on the ditch are NAD 83 Zone 13 340870mE 4149936mN K. Place of Use: Approximately eight hundred (800) acres of land owned by Claimants located in Township 40 North, Range 6 East, N.M.P.M. in the County of Rio Grande and the State of Colorado. 5. Change of use. A. Summary. BLM seeks to change the Treasure Pass Diversion Ditch water right described in Paragraph 4 from the original irrigation use to multiple uses, including irrigation, described below. BLM also seeks to change the place of use to the locations described below. B. Decreed Points of Diversion: The points of diversion will remain as set forth above in Paragraph 4I. C. Place of Delivery. The initial place of delivery will continue, as it has historically, to be the West Fork of Pass Creek, as described in Paragraph 4J. After diverted water is released to West Fork Pass Creek, it will be delivered to the places of storage and places of use described below. D. Places of Storage. BLM requests water court authorization to store the changed water right in any of the following reservoirs, including authorization to carry over stored water in these facilities from one water year to the next. BLM will not store water in any of the reservoirs listed below without the written permission of the reservoir owner. This application does not request an independent water storage right in any of the reservoirs listed below and instead requests authorization to store water pursuant to an agreement between the reservoir owner and BLM. Reservoir Name: Alberta Park Reservoir WDID: 2003531 Relevant Decrees: CA2673 Absolute Amounts (AF): 597.5 Adjudication Dates: 1/27/1960 Appropriation Dates: 9/27/1930 Legal Description: Located at a point on the northwesterly end of the dam, whence the NW corner of Sec.19, T39N, R2E, NMPM bears North 26°27’ West 56,628 feet. Reservoir Name: Beaver Park Reservoir WDID: 2003532 Relevant Decrees: 09/13/1916 and CA2673 Absolute Amounts (AF): 4,434 and 334.4 Adjudication Dates: 9/13/1916 and 1/27/1960 Appropriation Dates: 4/30/1910 and 5/10/1946 Legal Description: Located at a point whence the East ¼ corner of Section 28, T39N, R3E, NMPM bears North 79°13’ East 2,065.45 feet. Reservoir is located in Sec. 27, 28, 33, and 34, T39N, R3E, and Sec.3, T38N, R3E, NMPM. Reservoir Name: Big Meadows Reservoir WDID: 2003589 Relevant Decrees: CA3982 Absolute Amounts (AF): 2,437 Adjudication Dates: 4/21/1972 Appropriation Dates: 8/27/1959 Legal Description: Located at a point whence Mt. Hope bears North 85°50’ West, and is a point on the Northwesterly end of the dam at high water line, and whence Heart Mountain bears South 49°00’ East and is a point on the Southeasterly end of the dam at high water line. Reservoir is situated in Sections 17 and 18, T38N, R2E, NMPM. Reservoir Name: Troutvale Reservoir WDID: 2003569 Relevant Decrees: 9/13/1916 Absolute Amounts (AF): 1,020.6 Adjudication Dates: 9/13/1916 Appropriation Dates: 9/1/1911 Legal Description: Located at a point whence the North ¼ corner of Section 16, T41N, R3W, NMPM bears North 70°54’30” West 915 feet. Reservoir Name: Troutvale Reservoir No. 2 WDID: 2003585 Relevant Decrees: CA3982 Absolute Amounts (AF): 435.37 Adjudication Dates: 4/21/1972 Appropriation Dates: 6/17/1940 Legal Description: Located at a point whence the North ¼ corner of Section 10, T41N, R3W, NMPM bears North 27°08’ West 2,175.5’ and is a point on the Northwesterly end of the dam at high water line. Reservoir is situated in Section 10, T41N, R3W, NMPM. Reservoir Name: La Jara Reservoir WDID: 2103582 Relevant Decrees: 2/07/1918 Absolute Amounts (AF): 14,056.5 Adjudication Dates: 2/7/1918 Appropriation Dates: 12/13/1904 Legal Description: From said inlet works located in the La Jara Creek, said reservoir runs in a southeasterly direction about four miles to a point in the northeast quarter of section 31, T35N, R6E, NMPM, where the dam used for the impounding of water in said reservoir is now located and constructed and where the outlet works of said reservoir are now located, at a point which bears north 10°44’10” west 28,607.8 feet. Reservoir is situated on parts of Sections 7, 18, 19, 29, 30, 31 and 32, in T35 N, R6E, NMPM, and Sections 13, 24, 25, in T35N, R5E, NMPM. Reservoir Name: Rito Hondo Reservoir WDID: 2003588 Relevant Decrees: CA3982 Absolute Amounts (AF): 561.46 Adjudication Dates: 4/21/1972 Appropriation Dates: 10/4/1954 Legal Description: Located at a point whence the SE corner of Sec.22, T42N, R3W, NMPM bears South 10°41’ East 3,546.61 feet and is a point on the westerly end of the dam at high water line. Reservoir is situated in Sec.15 and 22, T42N, R3W, NMPM. Reservoir Name: Road Canyon Reservoir WDID: 2003555 Relevant Decrees: 09/13/1916 Absolute Amounts (AF): 1,182.75 Adjudication Dates: 9/13/1916 Appropriation Dates: 5/17/1908 Legal Description: Situated in Sec.26, 27 and 34, T41N, R3W and Sec.3, T40N, R3W, NMPM. Reservoir Name: Road Canyon Reservoir No. 2 WDID: 2003584 Relevant Decrees: CA3982 Absolute Amounts (AF): 117.27 Adjudication Dates: 4/21/1972 Appropriation Dates: 6/26/1922 Legal Description: The initial point of survey of the high water line of said reservoir is located at a point whence the corner common to Sections 26, 27, 34 and 35, T41N, R3W, NMPM, bears North 27°48’ East 10,273.69 feed, and is a point on the easterly end of the dam at high water line. Reservoir is situated in the West ½ of the SW1/4, Sec.3, and the SE1/4, SE1/4 of Sec.4, T40N, R3W, NMPM. Reservoir Name: Trujillo Meadows Reservoir WDID: 2203575 Relevant Decrees: W-0047 Absolute Amounts (AF): 913.15 Adjudication Dates: 12/31/1970 Appropriation Dates: 8/31/1954 Legal Description: That the initial point of survey of the high water line is located at a point whence the North quarter corner of Section 5, Township 32 North, Range 5 East NMPM, bears North 67°19’35” East 283.21 feet and is a point on the northerly end of the dam at high water line. Said reservoir is situated in Section 5, T32N, R5E, NMPM and Sec.32, T33N, R5E, NMPM. Reservoir Name: San Luis Lake WDID: 3503531 Relevant Decrees: W-3962, 95CW40, 95CW004 Absolute Amounts (AF): 8645, 5752.72, 410 Adjudication Dates: 12/31/1978, 12/31/1987, 12/31/1995 Appropriation Dates: 8/5/1969, 11/25/1986, 11/01/1994 Legal Description: A natural lake located in portions of sections 25, 26, 35 and 36, R11E, T40N of the NMPM. The northwest corner of section 19, R12E, T40N, bears north 44 deg. 56’55” east o distance of 10,261.42 feet from the inlet of said lake and north 30 degrees 44’18” east a distance of 15,764.45 feet from the outlet. Reservoir Name: Shaw Reservoir WDID: 2003559 Relevant Decrees: 9/13/1916, 9/13/1916, CA 2673 Absolute Amounts (AF): 510.84, 127.71, 42.05 Adjudication Dates: 9/13/1916, 9/13/1916, 1/27/1960 Appropriation Dates: 9/18/1895, 9/18/1895, 9/27/1954 Legal Description: A point between Stations 0 and 2 in the Southeast Quarter of the Southeast Quarter of Section 31, T39N R2E, New Mexico P.M. Reservoir Name: Platoro Reservoir WDID: 2203574 Relevant Decrees: W-3253 Absolute Amounts (AF): 53,571.0 Adjudication Dates: 10/24/1985 Appropriation Dates: 6/1/1905 Legal Description: A point whence the Northeast corner of Section 21, T36N R4E, NMPM bears North 14°56’08” East a distance of 2,477.8 feet. E. Places of Use. Within Blanca Wetlands, as described below: Township 38 North, Range 11 East N.M.P.M: Section 1, NW ¼, NE ¼, SE ¼ of Section 2, Section 12, NW ¼, NE ¼, SE ¼, N ½ of the SW ¼, of Section 13, and NE ¼ of Section 24. Township 38 North, Range 12 East, N.M.P.M: W ½ of Section 4, Sections 5, 6, 7, 8, 17 W ½ Section 9, and N ½ of Section 18. Township 39 North, Range 12 East, N.M.P.M: SE ¼ of the SW ¼ and SW ¼ of the SE ¼ of Section 30, E ½ of the W ½ and the E ½ of Section 31, and NW ¼, SW ¼, and SE ¼ of Section 32. Within the SSLA, as described below: Township 39 North, Range 12 East N.M.P.M: SE ¼ Section 18; All of Section 19. Township 39 North, Range 11 East, N.M.P.M: SE ¼ Section 24 F. Type of Use. BLM seeks add the following uses to the historically decreed irrigation use: irrigation of wetlands, marshes, meadows, and playas areas; creation and support of fish and wildlife habitat in ponds, diked areas, and natural basins; wildlife watering; recreation; non-potable domestic use; piscatorial and fish propagation; augmentation use; replacement of evaporative losses necessary to effectuate the aforementioned uses; storage in reservoirs listed in Paragraph 5.D. necessary to effectuate the aforementioned uses; and exchanges necessary to effectuate the aforementioned uses. The augmentation use includes, but is not limited to, the following: Use of the changed water right as an augmentation water source for the Blanca Wetlands augmentation plan decreed in case number 2002 CW 38 B. After this case is decreed, BLM will follow the Notice of Use procedure described in Paragraph 13.C.1 of the 2002 CW 38B decree to add the changed water right to the authorized list of augmentation water sources. Use of the changed water right through a BLM contract with one or more Subdistricts of the Rio Grande Water Conservation District for the purpose of remedying injurious depletions to the Rio Grande and Conejos River caused by groundwater well operations. This use will occur pursuant to a substitute water supply plan approved by Colorado Division of Water Resources or pursuant to an augmentation plan approved by District Court, Water Division 3. Use of the changed water right as a source of water for the San Luis Valley Water Conservancy District’s (District) Augmentation Program for the augmentation of out of priority diversions by Participants located within the District’s boundaries, as those boundaries may change from time to time in accordance with the statute. The District operates its Augmentation Program pursuant to the decrees entered in Case Nos. 84CW16, 93CW43, 94CW62, 03CW41, 05CW13, 07CW63, 09CW34 and 14CW3011, all decreed in District Court, Water Division No. 3. Other augmentation uses that are approved pursuant to a substitute water supply plan approved by Colorado Division of Water Resources or pursuant to an augmentation plan approved by District Court, Water Division 3. BLM also seeks water court confirmation that it is authorized to make a fully consumptive first use of the changed water right or to use, reuse, and successively use and dispose of the water to extinction for the purposes described in this application. 6. Appropriative Rights of Exchange. A. Source of Water. The changed Treasure Pass Diversion Ditch water right described in Paragraphs 4 and 5. B. Place of Use: Identical to those set forth in Paragraphs 5E. C. Type of Use: Identical to those set forth in Paragraphs 5F. D. Treasure Pass Diversion Ditch to Beaver Park Reservoir Exchange 1. Exchange From Point: The confluence of the South Fork of the Rio Grande with Beaver Creek, located in the SW ¼ SE ¼, Sec. 17, T39N R3E, NMPM. UTM Coordinates: NAD 83, Zone 13, 351413mE 4165149mN 2. Exchange To Point: Located at a point whence the East ¼ corner of Section 28, T39N, R3E, NMPM bears North 79°13’ East 2,065.45 feet. Reservoir is located in Sec. 27, 28, 33, and 34, T39N, R3E, and Sec.3, T38N, R3E, NMPM. 3. Amount Claimed: 7.0 cfs, conditional 4. Date of Appropriation: Date this application is filed with the water court. 5. Date Exchange Made Absolute: Not Applicable. E. Closed Basin Project Canal Exchange 1. Exchange From Point: The confluence of the Closed Basin Project Canal with the Rio Grande, located in the SW ¼ SW ¼, Sec. 28, T37N R11E, NMPM. UTM Coordinates: NAD 83, Zone 13, 430940mE 4141480mN 2. Exchange To Reach: Any location along the Closed Basin Project Canal that is adjacent to BLM’s Blanca Wetlands Area and South San Luis Lakes Area. This reach includes BLM Turnouts CHO3 and CHO4 as follows: Turnout CHO3: NE ¼ SW ¼, Section 4, Township 38 North, Range 12 East, N.M.P.M. UTM Coordinates: NAD 83, Zone 13, 440976mE 4157892mN. Turnout CHO4: SW ¼ SW ¼, Section 9, Township 38 North, Range 12 East, N.M.P.M. UTM Coordinates: NAD 83, Zone 13, 440447mE 4156005mN. The upper terminus of the Exchange To Reach is as follows: NE ¼ NW ¼, Section 6, T39N R12E, N.M.P.M. UTM Coordinates: NAD 83, Zone 13 437990mE 4168640mN. This location is commonly known as the point where the Closed Basin Project Canal crosses under Alamosa County Road 6 North. The lower terminus of the Exchange To Reach is as follows: SW ¼ SW ¼, Section 17, T38N R12E, N.M.P.M. UTM Coordinates: NAD 83, Zone 13 438742mE 4154182mN. 3. Amount Claimed: 8 cfs, conditional. 4. Date of Appropriation: Date this application is filed with the water court. 5. Date Exchange to be Made Absolute: Not Applicable 6. Structures Involved In Exchange: To provide a source of water for the exchange, water from the changed water right may be released directly from the Treasure Pass Diversion Ditch or from any of the reservoirs listed in Paragraph 5.D. of this application. Exchange operations may also involve releasing water from the aforementioned facilities to the headgate of the Chicago Ditch, operated by Alamosa National Wildlife Refuge. An equivalent volume of Closed Basin Project mitigation water, otherwise destined for Alamosa National Wildlife Refuge, will be diverted from the Exchange To Reach. The Chicago Ditch (WDID 2000575) is described as follows: Original Decrees: May 1, 1896 and October 15, 1934. Decreed Point of Diversion: A point on the east bank of the Rio Grande-Del Norte from which it derives its supply of water, whence the one-quarter corner between Sections Eleven (11) and Twelve (12) in Township Thirty-seven (37) North, and in Range Ten (East) of the New Mexico Principal Meridian bears North 01° 12’ East 1400.3 feet. F. Use of Facilities Owned By Other Parties. BLM will not utilize any of the facilities listed in Paragraph 5.D. of this application without the written permission of the facility owner. This application does not request an independent water right in any facilities listed in Paragraph 5.D. and instead requests authorization to exchange water pursuant to an agreement between the facility owner and BLM. 7. Names and Addresses of Owners, Structures and of Land on which Structures Are Located: Barry Beal, High Valley Ranch, LLC, 104 S. Pecos St., Midland, TX 79701. United States Department of Agriculture, Rio Grande National Forest, 1803 W. Highway 160, Monte Vista, CO 81144. Attention: Andrew Peterson. State Land Board, Southwest District Office, District Manager, 305 Murphy Drive, Suite A, Alamosa 81101. Attention: Ron Rivale. Rio Grande Water Conservation District, 8805 Independence Way, Alamosa, CO 81101 Attention: Cleave Simpson. United States Department of the Interior, Bureau of Reclamation, Closed Basin Division, San Luis Valley Project, Colorado, 10900 Hwy 160 East, Alamosa, CO 81101. Attention: Russ Plummer. United States Department of Agriculture, Forest Service, Pagosa Ranger District, 180 Pagosa St., Pagosa Springs, CO 81147. Attention: Rebecca Smith. Colorado Parks and Wildlife, 6060 Broadway, Denver, CO 80216 Attention: Ed Perkins. The Nature Conservancy, 2424 Spruce St., Boulder, CO 80302 Attention: Heidi Shirk. U.S. Fish and Wildlife Service, 6120 Highway 15, Monte Vista, CO 81144. Attention: Chris Shaffer. Shaw Reservoir Company, 6820 Colorado Highway 17, Alamosa, CO 81101. Attention: Dan Russell. 8. Remarks: The following report is hereby attached to and made part of this application: Preliminary Engineering Report to Support a Claim for a Change of Water Right in the Treasure Pass Diversion Ditch, an Appropriation of a Junior Transbasin Water Right, and an Appropriative Right of Exchange by Martin and Wood Water Consultants, Inc. This report contains maps of the ditch location, historical water use location, BLM’s water use location, and locations of exchanges. 

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 August 2021, 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 July 31, 2021 /s/Danene M. Etz

Danene M. Etz,

Water Court Specialist

Published July 15, 2021 in The Pagosa Springs SUN.


PUBLIC NOTICE

NOTICE OF LIEN SALE PURSUANT

TO STORAGE LIEN

Notice is given that, pursuant to Colorado Revised Statutes Sections 38-21.5-101, et seq. (2015), a public

sale will be held on July 30th, 2021 at 10:00 a.m. at 357 Park Ave, Pagosa Springs, Colorado. A list of the

unit where property is stored, address of storage, name of occupant, last known address and a brief description of the contents follows. If no market value or if no bids are received the goods will be otherwise disposed of.

#33 -357 Park Ave, Pagosa Springs, Colorado- Jason O Kash,188 Starlight Point, Pagosa Springs CO

81147 – ATV in pieces, tools, oil change equipment, and other Miscellaneous Items.

Published July 15, 22 and 29, 2021 in The Pagosa Springs SUN.


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 1st day of November 2012, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

INA GROUP LLC

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

LOTS 280, 281, 282, 283 AND 284 IN PAGOSA TRAILS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD SEPTEMBER 13, 1971 AS RECEPTION NO. 74885.

Account Number: R004326

Schedule Number: 569525104061

Tax Sale Certificate Number: 2012-02405

and said County Treasurer issued a certificate of purchase therefore to INA GROUP LLC

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2015

That said real estate was taxed or specially assessed in the name(s) of DELDEV, INC. for said year 2015.

That said INA GROUP LLC on the 11th day of June 2021, 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 INA GROUP LLC

On the 23rd day of November 2021, 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 30th day of June 2021

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published July 15, 22 and 29, 2021 in The Pagosa Springs SUN.


PUBLIC NOTICE ARCHULETA COUNTY BOARD OF EQUALIZATION

The Archuleta County Board of Equalization (CBOE) will sit to review the assessment of all taxable property located in Archuleta County, as prepared by the Archuleta County Assessor, and to hear appeals from determinations of the Assessor on July 29 thru August 5, 2021. Hearings will be held in the Commissioners Meeting Room located at 398 Lewis Street, Pagosa Springs, Colorado.

Published July 15 and 22, 2021 in The Pagosa Springs SUN.


LEGAL NOTICE OF OPPORTUNITY TO OBJECT

Turkey Springs Vegetation Management Project

Pagosa Ranger District, San Juan National Forest 

Archuleta County, Colorado

A Draft Decision Notice and Finding of No Significant Impact is available for the Turkey Springs Vegetation Management Project. The Responsible Official is Josh Peck, District Ranger. It is the Responsible Officials intention to select the Proposed Action Alternative for this project. The project proposes both fuels reduction and commercial forest product removal projects in the Turkey Springs landscape located west of Pagosa Springs. The Environment Assessment and the Draft Decision Notice are available on-line at: http://www.fs.usda.gov/project/?project=59146. For more information about the project contact Matt Tuten at 970-264-1513.

The Turkey Springs Vegetation Management Project is subject to the objection process pursuant to 36 CFR 218. Objections will only be accepted from those who have previously submitted specific written comments regarding the proposed project during scoping or other designated opportunity for public comment in accordance with §218.5(a). An objection, including attachments, must be postmarked or received within 45 days after the date of publication of this legal notice in the newspaper of record. It is the objector’s responsibility to ensure timely filing of a written objection with the reviewing officer.

Objections must be in writing and meet the content requirements at 36 CFR 218.8(d). Electronic submissions are preferred and may be submitted at http://www.fs.usda.gov/project/?project=59146. Objections may also be faxed to 1-833-926-2067 to the attention of “OBJECTION: Turkey Springs Veg Mgmt Project. Objections may also be sent to: Reviewing Officer Kara Chadwick, San Juan National Forest, 15 Burnett Court, Durango, CO 81301. Hand-delivered objections may be taken to the address above, Monday-Friday excluding holidays. If hand-delivering an objection, please contact Mark Lambert at 970-799-2331 or mark.b.lambert@usda.gov in advance to make an appointment. It is the responsibility of Objectors to ensure their objection is received in a timely manner (36 CFR 218.9). All objections are available for public inspection during and after the objection process.

Published July 15, 2021 in The Pagosa Springs SUN.


The Town of Pagosa Springs has received an application for “FINAL Major Design Review” for the construction of 12-16 individual lodging domes, approximately 426 SF each, on a 5.2 acre parcel, located at 1320 E. U.S. Highway 160. The Design Review Board will conduct a public hearing on Tuesday, July 27, 2021 at 5:30 pm to consider the FINAL Design Review Application. The public hearing will be conducted at 551 Hot Springs Blvd and will be available to attend remotely as well at this Zoom meeting link: https://zoom.us/j/91425469027 or by telephone at: 1-669-900-6833 with Webinar ID: 914 2546 9027. 

To access the meeting agenda, staff report and proposed development application, click the Meetings and Agendas tab on the left-hand side on the Town’s website home page at pagosasprings.co.gov, and then select the Planning Commission meeting date to view the agenda and associated documentation. You may also view the application on our website under Departments -> Planning -> Pending Land Use Development Projects or on MyPagosa.org.

For more information and anyone wishing to provide comments, please contact the Town Planning Department at cschultz@pagosasprings.co.gov or at 970-264-4151 x221, or you may attend the public hearing where public comments will be taken.

Published July 15, 2021 in The Pagosa Springs SUN.


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