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 July 2024, for Archuleta County.
2024CW3025 ARCHULETA COUNTY; 1) Applicant: Pinon Hills Ranch Property Owners Association, Inc.; 2) Attorneys: Lindsey A. Ratcliff and Adam T. Reeves, Maynes, Bradford, Shipps & Sheftel, LLP, 835 East 2nd Avenue, Suite 123, Durango, CO 81301; 3) Application for a Finding of Reasonable Diligence; 4) Structure: Pinon Hills Diversion Structure (WDID: 2901024); Original Decree: Case No. 04W98, District Court, Water Division 7, amended July 12, 2006, nunc pro tunc July 20, 2005; Diligence Decrees: Case No. 11CW36, District Court, Water Division 7, January 18, 3012; Case No. 18CW3004, District Court, Water Division 7, July 25, 2018; Location: SW1/4NW1/4SW1/4, Section 14, T33N, R2W, N.M.P.M.; 237 feet east of the west section line and 2,128 feet north of the south section line of Section 14, with a GPS location having a Northing of 4108190 and an Easting of 318195 using UTM-NAD83 Zone 13N; Alternate Location (WDID: 2901025): NE1/4NW1/4SW1/4 Section 14, T33N, R2W, N.M.P.M.; 1,000 feet east of the west section line and 2,400 feet north of the south section line of Section 14, with a GPS location having a Northing of 4108269 and an Easting of 318430 using UTM- NAD83 Zone 13N; Source: San Juan River, through use of a surface diversion or a gallery collection system; Appropriation Date: March 13, 2003; Amount: 0.2 cfs was previously decreed Absolute in Case No. 11CW36; 4.8 cfs remain Conditional; Uses: Water usage associated with a rural subdivision of up to 45 lots at full build out, to build in phases 1 and 2, unless some land is placed in a conservation easement, on Applicant's property ("Property"), including, but not restricted to, domestic, lawn and garden irrigation, irrigation of common parks, fire protection, livestock watering and recreation, and filling of and evaporation from ponds for those uses listed above, gravel mining for road construction and maintenance on the Property, dust control, operation of and evaporation from Property water features including, but not limited to, fountains and water channels. Applicant has installed a potable water hauling station near the river from Applicant’s subsurface gallery well to provide future subdivision residents with a supplemental water choice. Up to 15 subdivision homeowners whose wells prove unsatisfactory or who choose a cistern would be able to use the hauling station without significant water quality monitoring. One large pond on the Property, near the diversion point, will divert water from upstream into the Pond which will then flow back to the river downstream. 5) Outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: (a) Applicant has spent $8,364 on water system expenses including a new pump for the gallery well and pump system, monitoring of the hauling station, and costs associated with the management, maintenance, and repair of the water system; 6) Applicant is the owner of the land upon which any new diversion or storage structure is or will be constructed. (5 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 September 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 August 31, 2024
Published August 15, 2024 in The Pagosa Springs SUN. (243455)
