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.
2024CW3020 Archuleta County. APPLICATION TO MAKE ABSOLUTE, ALTERNATIVELY 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. Structure Name: PAGOSA HOT SPRING. Original Decree: Case No. 82CW17, WD 7. Subsequent Decrees: Case Nos. 89CW8, 95CW32, 99CW32. POD: NE 1/4 SE 1/4 SW 1/4 of § 13, T35N, R2W, NMPM. UTM Zone 13, E 321712, N 4126113. Source: Pagosa Hot Spring, tributary to the San Juan River. App. Dates: 6/ 1/1896, for 0.5 cfs; 2/26/1982, for 1.0 cfs. Amt: 1.5 cfs total. Uses: Heating of buildings and bath house with mineral baths. Claim to Make Conditional Water Rights Absolute: The Pagosa Hot Spring diverted a rate of 733.9 gpm (1.64 cfs) on June 28, 2024, during which time there was no call on the San Juan River. Attached as Exhibit B is the affidavit of Paul Bruss, P.E., which supports Co-Applicants’ claim that the 0.5 cfs conditionally decreed to the Pagosa Hot Spring with a priority date of June 1, 1896 and the remaining 0.7 cfs conditionally decreed to the Pagosa Hot Spring with a priority date of February 26, 1982 has been made absolute. Claim for a Finding of Reasonable Diligence: If the Court finds that any portion of the priorities decreed to the Pagosa Hot Spring have not been made absolute, Co-Applicants request a finding that they have exercised reasonable diligence in the development of said water rights in the amounts and for the uses described above. During the last diligence period, EPR acquired interests in the Pagosa Hot Spring, as well as interests in the property served by the same. EPR engaged engineering and legal consultants to assist it in developing the Pagosa Hot Spring and developing plans to make the remaining conditional portions of the Pagosa Hot Spring absolute. Co-Applicants have engaged in planning to expand the resort property served by the Pagosa Hot Spring, for which the remaining conditional portion of the water right will be required. 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 is diligently working toward the envisioned build-out of the property and continues to put its water rights to beneficial use for the decreed purposes. The Pagosa Hot Spring is part of the integrated water supply system for The Springs Resort. Thus, 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: The Pagosa Hot Spring is on property owned by Co-Applicant, EPR, and use of the water occurs on EPR property and on property owned by Co-Applicant, Olympus SL1. Remarks: See Application. (9 pages including 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 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. (241097)
