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.
2024CW3021 Archuleta County. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. Co-Applicants: EPR Springs, LLC & Olympus SL1, LLC. Direct all correspondence to Bushong & Holleman PC, P. Fritz Holleman & Gunnar J. Paulsen, 1525 Spruce Street, Suite 200, Boulder, CO 80302.
fholleman@bh-lawyers.com;
gpaulsen@bh-lawyers.com & Colorado Water & Land Law, LLC, Amy N. Huff, 679 E. 2nd Avenue, # 11B, Durango, CO 81301.
amy@waterland-law.com. (970) 403-1770. Name of Structures: SPRINGS RESORT OVERFLOW; CREEK TUB OVERFLOW; BATH HOUSE STREAM OVERFLOW. Original Decree: Case No. 08CW84, WD 7. Subsequent Decree: Case No. 16CW3001. PODs: SPRINGS RESORT OVERFLOW: SE 1/4 NE 1/4 SW 1/4, S13, T35N, R2W, NMPM, being 1341’ from the S section line & 2448’ from the W section line of said Section 13. UTM: N 4126218 E 321711 CREEK TUB OVERFLOW: SE 1/4 NE 1/4 SW 1/4, S13, T35N, R2W, NMPM, being 1421’ from the S section line and 2476’ from the W section line of said S13. UTM: N 4126242 E 321720. BATH HOUSE STREAM OVERFLOW: SE 1/4 NE 1/4 SW 1/4, S13, T35N, R2W, NMPM, being 1560’ from the S section line and 2511 feet from the E section line of said S13. UTM: N 4126283 E 321782. In Case No. 16CW3001, the legal description for BATH HOUSE STREAM OVERFLOW was amended to reflect the actual location in the SE ¼ NE ¼ SW ¼, S13, T35N, R2W, NMPM, being 1546’ from the S section line and 2511’ from the W section line of said S13.UTM: N 4126280 E 321731. Sources: Overflow from the above structures whose sources of geothermal water are the Pagosa Hot Spring, Pagosa Springs Resort’s Springs 2001-2003, and water from the Town of Pagosa Springs Well PS-5. App Date: 12/22/2008. Amts: SPRINGS RESORT OVERFLOW: 112 gpm (0.25 cfs) Conditional. CREEK TUB OVERFLOW: 112 gpm (0.25 cfs) Conditional. BATH HOUSE STREAM OVERFLOW: 112 gpm (0.25 cfs) Conditional Uses: Recreation and commercial uses including heating, soaking and heating ponds, bath houses, mineral baths, swimming pools, heating building in Pagosa Resort Complex, green house use, and laundry facility, and to maintain level of the “Great Spring” and reheating of wastewater outflow. Outline of what has been done toward to support a finding of diligence: During the last diligence period, EPR acquired the Springs Resort Overflow, the Creek Tub Overflow, and the Bath House Stream Overflow, as well as interests in the property served by the same. Co-Applicants have engaged in planning to expand the resort property served by the Spring Resort Overflow, the Creek Tub Overflow, and the Bath House Stream Overflow. They have spent approximately $7,000,000 on expansion efforts for The Springs Resort. Approximately $1,000,000 of such expenditures were directly related to the water supply system for The Springs Resort. The Springs Resort Overflow, the Creek Tub Overflow, and the Bath House Stream Overflow are part of the integrated water supply system for The Springs Resort. In accordance with C.R.S. § 37-92-301(4)(b), activities supporting a finding of reasonable diligence on one portion of the system shall be considered to support a finding of reasonable diligence for all water rights related to the system. Affected Landowners: EPR owns the land on which the diversion structures at issue in this Application are located. Remarks: See Application. (6 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. (241088)
