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 the resume of all water right applications filed in the Office of the Water Clerk during the month of June 2024, for Archuleta County.
2024CW3022 Archuleta County. Application for a Finding of Reasonable Diligence. Applicant: San Juan River Farms, LLC, 6 Hedge Lane Austin, TX 78746. Please direct all correspondence to Amy N. Huff, Colorado Water & Land Law, LLC, 679 E. 2nd Ave, #11B, Durango, CO 81301 (970) 403-1770.
amy@waterland-law.com. Structure Name: AREI WELL POND Original Decree: Case No. 06CW109, WD No. 7, Subsequent Decree: Case No. 16CW3030, WD No. 7. Legal Description: The center of the AREI Well Pond is located in the NE ¼ NW ¼ §8, T35N, R1W, NMPM, 436’south of the north section line and 1915’ east of the west section line. UTM: E 324666, N 4128874, Zone 13, NAD 83. Source: Groundwater tributary to the San Juan River. App Date: 12/28/2006. Amt: 0.25 cfs, Conditional. Uses: Irrigation, recreation, fire protection, piscatorial, waterfall/feature, freshening flows, evaporation, and the filling and refilling of ponds for said uses. The combined rate of diversion from the AREI San Juan River Diversion and the AREI Well Pond will not exceed 0.25 cfs. Outline of what has been done toward completion of the appropriation: In 2023, San Juan River Farms, LLC, purchased the AREI San Juan River Diversion water right and the AREI Well Pond water right, and the real property on which said water rights are decreed for beneficial use. During the last diligence period, the AREI Well Pond was constructed. It receives inflows from both alluvial ground water from the San Juan River and the AREI San Juan River Diversion water right. The decree in Case No. 16CW3030 states that the AREI Well Pond will remain a conditional water right until a berm at the south property line is completed. Although both groundwater tributary to the San Juan River and surface diversions from the AREI San Juan River Diversion water right have been used to fill the AREI Well Pond in priority, the requirement to construct a berm, as imposed by in Case No. 16CW3030, has not been satisfied. For that reason, Applicant seeks a finding of reasonable diligence. Applicant desires to complete the approriation for the AREI Well Pond as soon as possible and is inquiring about construction alternatives for the berm. Applicant intends to use the water rights decreed to the AREI San Juan River Diversion and the AREI Well Pond for the uses decreed to said water rights. The AREI Well Pond is part of Applicant’s integrated water system, which includes the AREI San Juan River Diversion. Pursuant to C.R.S. § 37-92-301(4)(b), use of the AREI San Juan River Diversion shall be considered to support a finding of reasonable diligence for the AREI Well Pond. Affected Landowners: Applicant owns the real property on which the AREI Well Pond is located. Remarks: See Application for additional information. (4 pages)
THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of August 2024, 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; Jason Poyer, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301; (970-247-2304)
/s/ Jason Poyer
Water Court Specialist
Published: before July 31, 2024
Published July 11, 2024 in The Pagosa Springs SUN. (241002)
