Public Notices 01/17/2019

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:
MEADPROP UNITS, A LIMITED LIABILITY COMPANY
1133 NORTH 18TH STREET
GRAND JUNCTION, CO 81501
You and each of you are hereby notified that on the 15th day of November 2007, 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 80 IN LAKEWOOD VILLAGE, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1979 AS RECEPTION 94867.
Account Number: R010340
Schedule Number: 569919435013
Tax Sale Certificate Number: 2007-600
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 2007
That said real estate was taxed or specially assessed in the name(s) of MEADPROP UNITS, A LIMITED LIABILITY COMPANY for said year 2007.
That on the 21st day of August 2018, said Archuleta County assigned said certificate of purchase to JEFFREY C. & ARTIS A. HARRISON-RAINS;
That said JEFFREY C. & ARTIS A. HARRISON-RAINS on the 19th day of December 2018, 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 JEFFREY C. & ARTIS A. HARRISON-RAINS
On the 29th day of May 2019, 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 4th day of January 2019
/s/ Elsa P White
Elsa P White, Treasurer of Archuleta County, Colorado
Published January 17, 24 and 31, 2019 in The Pagosa Springs SUN.

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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:
MEADPROP UNITS, A LIMITED LIABILITY COMPANY
1133 NORTH 18TH STREET
GRAND JUNCTION, CO 81501
You and each of you are hereby notified that on the 15th day of November 2009, 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 81 IN LAKEWOOD VILLAGE, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1979 AS RECEPTION NO. 94867.
Account Number: R010339
Schedule Number: 569919435012
Tax Sale Certificate Number: 2007-599
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 2007
That said real estate was taxed or specially assessed in the name(s) of MEADPROP UNITS, A LIMITED LIABILITY COMPANY for said year 2007.
That on the 21st day of August 2018, said Archuleta County assigned said certificate of purchase to JEFFREY C. & ARTIS A. HARRISON-RAINS ;
That said JEFFREY C. & ARTIS A. HARRISON-RAINS on the 19th day of December 2018, 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 JEFFREY C. & ARTIS A. HARRISON-RAINS
On the 29th day of May 2019, 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 4th day of January 2019
/s/ Elsa P White
Elsa P White, Treasurer of Archuleta County, Colorado
Published January 17, 24 and 31, 2019 in The Pagosa Springs SUN.

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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:
MORGAN W. THOMPSON
3532 FIRE SIDE DRIVE
CHEYENNE, WY 82001-9112
MORGAN W. THOMPSON
6801 MONARCH DRIVE
CHEYENNE, WY 82009
You and each of you are hereby notified that on the 5th day of November 2009, 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 521 IN PAGOSA VISTA, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 13. 1971 AS RECEPTION NO. 74884.
Account Number: R010261
Schedule Number: 569919426036
Tax Sale Certificate Number: 2009-924
and said County Treasurer assigned a certificate of purchase on the 21st day of August 2018 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 2008
That said real estate was taxed or specially assessed in the name(s) of MORGAN W. THOMPSON for said year 2008.
That on the 21st day of August 2018, said ARCHULETA COUNTY assigned said certificate of purchase to JEFFREY C.& ARTIS A. HARRISON-RAINS;
That said JEFFREY C.& ARTIS A. HARRISON-RAINS on the 19th day of December 2018, 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 JEFFREY C.& ARTIS A. HARRISON-RAINS
On the 29th day of May 2019, 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 4th day of January 2019
/s/ Elsa P White
Elsa P White, Treasurer of Archuleta County, Colorado
Published January 17, 24 and 31, 2019 in The Pagosa Springs SUN.

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NOTICE OF PUBLIC HEARING
The Mineral County Planning and Zoning Commission will hold a Public Hearing at Creede Town Hall, 2223 N Main St., Creede, Colorado, beginning at 5:30 PM, Thursday, January 24, 2019 to consider an application for a Conditional Use.
The Application filed by Bootjack Ranch to process and crush river rock for construction and road base with the intent to sell and move off of the property. The raw material is a result of fish habitat restoration and rehabilitation.
The general location of the project is the SE corner of Section 29, T37N, R1E, NMPM, Mineral County, Colorado. The property is zoned Rural. The property’s address is 12500 S. Hwy 160, Pagosa Springs, CO 81147.
Questions may be addressed to the Land Use Administrator at the Courthouse, 625 Forest Rd 504.1A., Creede, CO.
Publish in the Mineral County Miner, January 17, 2019
Published January 17 and 24, 2019 in The Pagosa Springs SUN.

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Pagosa Secure Storage
80 Bastille Drive
Pagosa Springs, CO 81147
Sunetha Property Management
970-422-7162
Notice of disposal of contents
Unit #22 -Virginia Buck
Date of disposal January 31st, 2019
contents: misc.
Published January 17 and 24, 2019 in The Pagosa Springs SUN.

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Public Notice:
ARCHULETA COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE 20-2018: ARCHULETA COUNTY NOXIOUS WEEDS ORDINANCE
INTRODUCED AND READ ON FIRST READING ON this 4th day of December, 2018 and which was published in full on December 13, 2018 in the Pagosa Springs Sun in Pagosa Springs, Archuleta County, Colorado.
ADOPTED ON SECOND AND FINAL READING ON this 2nd day of January, 2019 and ordered published by reference to title only with no amendments except the Certification page in the Pagosa Springs Sun in Pagosa Springs, Archuleta County, Colorado.
Published January 17, 2019 in The Pagosa Springs SUN.

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DISTRICT COURT, WATER DIVISION 7,
COLORADO
WATER RESUME
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 December, 2018, for Archuleta County and Mineral County.
17CW3048 Archuleta County, San Juan River and its tributaries. AMENDED APPLICATION FOR AN ABSOLUTE UNDERGROUND WATER RIGHT AND FOR ABSOLUTE WATER STORAGE RIGHTS. Applicants, Jerry & Terri Smith, 200A Ranch Place, Pagosa Springs, CO 81147, 970-731-0726. Please direct all correspondence to Amy N. Huff, COLORADO WATER AND LAND LAW, LLC, 679 E. 2nd Ave., Ste 11B, Durango, CO 81301, 970-403-1770, amy@waterland-law.com. A. SMITH WELL, Permit No. 64859-F. UTM N 4117925; E 317672; Street Address: 200A Ranch Place, Pagosa Springs, CO 81147. Bear Springs Ranch, Lot: 1. NW ¼ SE ¼ of S15, T34N, R2W, NMPM, 2273’ from the S Section line and 2162’ from the E Section line. Source: Groundwater tributary to San Juan River. Depth: 137 feet. App Date: 8/30/2006. Amt. 150 gpm, Absolute; 35 AF. Uses: Irrigation of up to 10 acres, stock, fire protection, storage in Smith Pond I. B. SMITH POND I. UTM N 4117859; E 317785. Street Address: 200A Ranch Place, Pagosa Springs, CO 81147. Bear Springs Ranch, Lot: 1. NW ¼ SE ¼ of Section 15, T34N, R2W, NMPM, 2064’ from the South Section line and 1786’ from the East Section line. Source: Surface runoff tributary to San Juan River. App Date: 12/28/2017. Amt. 11.85 AF, Absolute. Uses: Irrigation of up to 10 acres, stock, fire protection, on Applicants’ property. C. SMITH POND II. UTM N 4117635; E 318094. Street Address: 200B Ranch Place, Pagosa Springs, CO 81147. Bear Springs Ranch, Lot: 2. NE ¼ SE ¼ of Section 15, T34N, R2W, NMPM, 1351’ from the South Section line and 756’ from the East Section line. Source: Surface runoff tributary to San Juan River. App Date: 12/28/2017. Amt. 7.9 AF, Absolute. Uses: Irrigation of up to 15 acres, stock, fire protection, on Applicants’ property. Applicants own the land upon which all of the structures described herein are located. See Amended Application for additional information. (9 pages)
18CW23 Virginia M. & Edward M. Tjan, PO Box 69, Pagosa Springs, CO 81147: Little Blanco Highline Extension Ditch; Rio Blanco River; Archuleta County; Date of original decree, 4/19/1962; Case no., CA0308; That the headgate of said ditch is located at a point on the right bank of the Rio Blanco River in Archuleta County, Colorado, and derives its supply of water from the said Rio Blanco River, said headgate being located at a point from whence the northwest corner of Section 35, Township 34 North, Range 1 West, NMPM, bears North 38°49’ West 3297.10 feet; Rio Blanco River; Appropriation date, 5/20/1947; Absolute 7 cfs; Irrigation of 290 acres, stock and domestic; Amount of water to change, Absolute 1.6 cfs; Proposed change, request for an alternate point of diversion for 1.6 cfs to use a pump to irrigate same/historic 30 acres below the original ditch line, stock use and domestic on same property; Decreed location: Easting 329183, Northing 4112382; SE1/4NW1/4, Section 35, T34N, R1W, NMPM; 2485 feet from North, 1978 feet from West; New Alternate Point of Diversion: Northing 4114443, Easting 326679; NE1/4NE1/4, Section 28, T34N, R1W, NMPM; 1134 feet from East. Application for Change of Water Right (10 pages)
18CW25 Eagle Shadow Ranch LLC, c/o Vernon Leslie, 1860 Majestic Drive, Pagosa Springs, CO 81147: San Juan River; Archuleta County; All structures: Date of original decree, 12/13/12; Case no., 12CW14; Appropriation date, 3/25/12; ES River Pump; NE1/4SE1/4, Section 15, T33N, R2W, NMPM; 1817 feet from South, 316 feet from East; San Juan River; 0.5 cfs; Irrigation; Easting 318024, Northing 4108099; ES Upper Spring; SW1/4NE1/4, Section 15, T33N, R2W, NMPM; 2473 feet from North, 2117 feet from East; Spring near Salt Creek; .05 cfs; Storage in a pond for stock use; Easting 317483, Northing 4108420; ES Lower Spring; NW1/4SE1/4, Section 15, T33N, R2W, NMPM; 2298 feet from South, 1707 feet from East; Spring near Salt Creek; .05 cfs; Storage in pond for stock use; Easting 317604, Northing 4108255; Work towards completion of project outlined in application. See application for more details. Application to Make Absolute in Whole or in Part (15 pages)
18CW3051 MINERAL COUNTY, DISTRICT COURT, WATER DIVISION 7, COLORADO, Court Address: 1060 E. Second Ave., Durango, CO 81301, Phone: (970) 247-2304, APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS, CONDITIONAL UNDERGROUND WATER RIGHTS, CONDITIONAL STORAGE WATER RIGHTS, AND PLAN FOR AUGMENTATION. A. Applicant: Bootjack Ranch, LLC 12500 E. Hwy. 160 Pagosa Springs, CO 81147 Telephone: (970) 264-7280 c/o Wayne F. Forman, Esq., Michael P. Smith, Esq., Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, CO 80202, Phone: (303) 223-1100; Fax: (303) 223-0920; E-mail: wforman@bhfs.com; msmith@bhfs.com. B. New Conditional Direct Flow Surface Water Rights. 1. Warren Ditch: a. Legal Description: The headgate of the Warren Ditch is located in the SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331766m E, 4145364m N, Mineral County, Colorado. See Figure 1 and Figure 2. b. Source: West Fork of the San Juan River (“West Fork”). c. Appropriation Date: December 31, 2018. (1) How initiated: By the formation of an intent to appropriate; developing engineering plans for Warren Lake, Warren Pond, Bootjack North Augmentation Pond, and Reach 2 Ponds A through E; and filing this Application. (2) Date Water Applied to Beneficial Use: N/A, conditional appropriation. d. Amount: 2.0 c.f.s., conditional. e. Uses: Storage in and filling of Warren Lake and Warren Pond; irrigation; stock watering; piscatorial; recreation; wildlife; and year-round freshening of Warren Lake and Warren Pond. f. Irrigated Area Description: Approximately 25 acres in SE1/4 SW1/4 of Section 17, and the NE1/4 NW1/4, and NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 8 acres being supplemental to the Canon Creek Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150), and Pangborn Ditch (Priority #123). See Figure 3. 2. Canon Creek Ditch First Enlargement: a. Legal Description: SW1/4 NW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331309m E, 4145916m N, Mineral County, Colorado. See Figure 1 and Figure 2. b. Source: Canon Creek. c. Appropriation Date: December 31, 2018. (1) How initiated: By the formation of an intent to appropriate; developing engineering plans for Warren Lake, Warren Pond, Bootjack North Augmentation Pond, and Reach 2 Ponds A through E; and filing this Application. (2) Date Water Applied to Beneficial Use: N/A, conditional appropriation. d. Amount: 2.0 c.f.s., conditional. e. Uses: Storage in and filling of Warren Lake; irrigation; stock watering; piscatorial; recreation; wildlife; and year-round freshening of WarrenLake.. f. Irrigated Area Description: Approximately 16 acres in the NE1/4 NW1/4, and NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 8 acres being supplemental to the Canon Creek Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150), and Pangborn Ditch (Priority #123) See Figure 3. 3. Reach 2 Ditch: a. Legal Description: SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331920m E, 4145051m N; Mineral County, Colorado. See Figure 1 and Figure 2. b. Source: West Fork. c. Appropriation Date: August 10, 2009. (1) How initiated: By the formation of an intent to appropriate, developing engineering plans for the ponds, and the construction of the Reach 2 Ditch and Reach 2 Ponds A-E. (2) Date Water Applied to Beneficial Use: N/A. d. Amount: 4.0 c.f.s., conditional. e. Uses: Storage in and filling of Reach 2 Ponds A through E; irrigation; stock watering; piscatorial; recreation; wildlife; and year-round freshening of Reach 2 Ponds A through E. f. Irrigated Area Description: Approximately 49 acres in the SE1/4 SW1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4, SW1/4 NE1/4, SE1/4 NE1/4, NW1/4 SE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 17 acres being supplemental to the Canon Creek Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150), and Pangborn Ditch (Priority #123). See Figure 3. 4. Amy’s Ditch: a. Legal Description: SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N, 331897m E, 4145114m N; Mineral County, Colorado. See Figure 1 and Figure 2. b. Source: West Fork. c. Appropriation Date: December 31, 2018. (1) How initiated: By the formation of an intent to appropriate; developing engineering plans for Warren Lake, Warren Pond, Amy’s Lake, Bootjack North Augmentation Pond, and Reach 2 Ponds A through E; and filing this Application. (2) Date Water Applied to Beneficial Use: N/A. d. Amount: 2.0 c.f.s., conditional. e. Uses: Storage in and filling of Amy’s Lake; irrigation; stock watering; piscatorial; recreation; wildlife; and year-round freshening of Amy’s Lake. f. Irrigated Area Description: Approximately 15 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M. See Figure 3. 5. Bootjack North Diversion: a. Legal Description: SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N, 331798m E, 4145416m N; Mineral County, Colorado. See Figure 1 and Figure 2. b. Source: West Fork. c. Appropriation Date: December 31, 2018. (1) How initiated: By the formation of an intent to appropriate; developing engineering plans for Warren Lake, Warren Pond, Bootjack North Augmentation Pond, and Reach 2 Ponds A through E; and filing this Application. (2) Date Water Applied to Beneficial Use: N/A. d. Amount: 3.0 c.f.s., conditional. e. Uses: Storage, augmentation, and filling of Bootjack North Augmentation Pond and Amy’s Lake; stock watering; piscatorial; recreation; wildlife enhancement; and irrigation; and year-round freshening of Bootjack North Augmentation Pond and Amy’s Lake. f. Irrigated Area Description: Approximately 30 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17, T.37N., R.1E., N.M.P.M., with approximately 5.3 acres being supplemental to the Campground Ditch (Priority #68-151), Dermody Pump (Priority #68-13), Wolf Creek Village Lake Well, and Jackson Spring and Seep. See Figure 3. C. New Conditional Underground Water Rights. 1. Warren Lake: a. Legal Description: NE1/4 NW1/4, Section 20, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331924m E, 4144885m N, Mineral County, Colorado. See Figure 1 and Figure 2. b. Source: Ground water tributary to the West Fork. c. Surface Area: 5 acres. d. Total Capacity: 70 acre-feet. e. Appropriation Date: December 31, 2018. (1) How appropriation initiated: By the formation of an intent to appropriate, developing engineering plans to construct the lake, and filing the Application in this matter. (2) Date water applied to beneficial use: N/A. f. Amount withdrawn: An annual volume of 16.0 acre-feet per year, conditional. g. Uses: Storage, piscatorial, fire-fighting, irrigation, aesthetic, recreation, wildlife and stock watering. h. Irrigated Area Description: Approximately 16 acres in SE1/4 SW1/4 of Section 17, and the NE1/4 NW1/4, and NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 8 acres being supplemental to the Canon Creek Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150), and Pangborn Ditch (Priority #123). See Figure 3. 2. Amy’s Lake: a. Legal Description: SW1/4 SE1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 332098m E, 4145057m N; Mineral County, Colorado. See Figure 1 and Figure 2. b. Source: Ground water tributary to the West Fork. c. Surface Area: 3.1 acres. d. Total Capacity: 30 acre-feet. e. Appropriation Date: December 31, 2018. (1) How appropriation initiated: By the formation of an intent to appropriate, developing engineering plans to construct the lake, and filing the Application in this matter. (2) Date water applied to beneficial use: N/A. f. Amount withdrawn: An annual volume of 10.0 acre-feet per year, conditional. g. Uses: Storage, piscatorial, fire-fighting, irrigation, aesthetic, recreation, and stock watering. h. Irrigated Area Description: Approximately 13 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M. See Figure 3. 3. Reach 2 Ponds A through E: a. Legal Description: All in Section 20, T.37N., R.1E., N.M.P.M., in multiple quarter-quarter sections in Mineral County, as follows (See Figure 1 and Figure 2): (1) Reach 2 Pond A: NE1/4 NW1/4, UTM Zone 13N 331986m E, 4144923m N. (2) Reach 2 Pond B: NW1/4 NE1/4, UTM Zone 13N 332047m E, 4144806m N. (3) Reach 2 Pond C: SW1/4 NE1/4, UTM Zone 13N 332222m E, 4144563m N. (4) Reach 2 Pond D: SW1/4 NE1/4, UTM Zone 13N 332407m E, 4144259m N. (5) Reach 2 Pond E: SE1/4 NE1/4, UTM Zone 13N 332453m E, 4144278m N. b. Source: Ground water tributary to the West Fork. c. Surface area: 0.75 acres, cumulative, for all Reach 2 Ponds. d. Total Capacity: 4.0 acre-feet, cumulative for all Reach 2 Ponds. e. Appropriation Date: August 10, 2009. (1) How appropriation initiated: By the formation of an intent to appropriate, developing engineering plans to construct the ponds, filing the Application in this matter, and the actual construction of the ponds and storage of water. (2) Date water applied to beneficial use: N/A. f. Amount withdrawn: An annual volume of 3.0 acre-feet per year, conditional. g. Uses: Storage, piscatorial, fire-fighting, irrigation, aesthetic, recreation, and stock watering. h. Irrigated Area Description: Approximately 49 acres in the SE1/4 SW1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4, SW1/4 NE1/4, SE1/4 NE1/4, NW1/4 SE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 17 acres being supplemental to the Canon Creek Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150), and Pangborn Ditch (Priority #123) See Figure 3. D. New Conditional Storage Water Rights. 1. Warren Lake: a. Legal Description: NE1/4 NW1/4, Section 20, T.37N., R.1E., N.M.P.M., Mineral County;, UTM Zone 13N 331924m E, 4144885m N; Mineral County, Colorado. See Figure 1 and Figure 2. b. Surface Area: 5 acres. c. Total Capacity: The estimated total capacity is 66 acre-feet. (1) Active Capacity: 34 acre-feet. (2) Dead Storage: 32 acre-feet. d. Type: Unlined, off-channel. e. Dam length: Approximately 1,400 feet. f. Dam height: Approximately 10 feet. g. Amount Claimed: 66 acre-feet per year, conditional, subject to as-built storage capacity, with a right to fill and successively refill at the following flow rates: (1) Warren Ditch: 2.0 c.f.s. (2) Canon Creek Ditch First Enlargement: 1.0 c.f.s. h. Source: West Fork. i. Appropriation Date: December 31, 2018. (1) How appropriation initiated: By the formation of an intent to appropriate, developing engineering plans to construct the lake, and filing the Application in this matter. (2) Date water applied to beneficial use: N/A. j. Uses: Storage, piscatorial, fire-fighting, irrigation, aesthetic, recreation, wildlife and stock watering. k. Irrigated Area Description: Approximately 16 acres in SE1/4 SW1/4 of Section 17, and the NE1/4 NW1/4, and NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 8 acres being supplemental to the Canon Creek Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150), and Pangborn Ditch (Priority #123). See Figure 3. 2. Warren Pond: a. Legal Description: SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331739m E, 4145271m N, Mineral County, Colorado. See Figure 1 and Figure 2. b. Surface Area: 0.26 acres. c. Total Capacity: The estimated total capacity is 2.0 acre-feet. d. Type: Unlined, off-channel. e. Dam length: Approximately 140 feet. f. Dam height: Approximately 5 feet. g. Amount Claimed: 2.0 acre-feet per year, conditional, subject to as-built storage capacity, with a right to fill and successively refill at the following flow rates: (1) Warren Ditch: 2.0 c.f.s. h. Source: West Fork. i. Appropriation Date: December 31, 2018. (1) How appropriation initiated: By the formation of an intent to appropriate, developing engineering plans to construct the pond, and filing the Application in this matter. (2) Date water applied to beneficial use: N/A. j. Uses: Piscatorial, fire-fighting, irrigation, aesthetic, recreation, wildlife and stock watering. k. Irrigated Area Description: Approximately 4 acres in SE1/4 SW1/4 of Section 17, T.37N., R.1E., N.M.P.M. See Figure 3. 3. Bootjack North Augmentation Pond: a. Legal Description: SE1/4, SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 332047m E, 4145295m N, Mineral County, Colorado. See Figure 1 and Figure 2. b. Surface Area: 5 acres. c. Total Capacity: The estimated total capacity is 50 acre-feet, conditional. d. Type: Lined, off-channel. e. Amount Claimed: 50 acre-feet per year, conditional, subject to as-built storage capacity, with a right to fill and successively refill at the following flow rates: (1) Bootjack North Diversion: 3.0 c.f.s. f. Source: West Fork. g. Type: Lined, off-channel. h. Dam length: Approximately 750 feet. i. Dam height: Approximately 10 feet. j. Appropriation Date: December 31, 2018. (1) How appropriation initiated: By the formation of an intent to appropriate, developing engineering plans to construct the pond, and filing the Application in this matter. (2) Date water applied to beneficial use: N/A. k. Uses: Augmentation, irrigation, fire-fighting, stock watering. l. Irrigated Area Description: Approximately 18 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17, T.37N., R.1E., N.M.P.M., with approximately 5.3 acres being supplemental to the Campground Ditch (Priority #68-151), Dermody Pump (Priority #68-13), Wolf Creek Village Lake Well, and Jackson Spring and Seep. See Figure 3. 4. Reach 2 Ponds A through E: a. Legal Descriptions: See preceding ¶ C.1.3. b. Surface Area: 0.75 acres, cumulative for all Reach 2 Ponds. c. Total Capacity: 4.0 acre-feet, subject to as-built storage capacity.: (1) Active Capacity: 0 acre-feet. (2) Dead Storage: 4.0 acre-feet. d. Type: Unlined, off-channel. e. Dam length: Not applicable. f. Dam height: Not applicable. g. Amount Claimed: 4.0 acre-feet per year, conditional, subject to as-built storage capacity, with a right to fill and successively refill at the following flow rates: Reach 2 Ditch: 4.0 c.f.s. h. Source: West Fork. i. Appropriation Date: August 10, 2009. (1) How appropriation initiated: By the formation of an intent to appropriate, developing engineering plans to construct the ponds, filing the Application in this matter, and the construction of the ponds and storage of water. (2) Date water applied to beneficial use: N/A. j. Uses: Storage, piscatorial, fire-fighting, irrigation, aesthetic, recreation, wildlife and stock watering. k. Irrigated Area Description: Approximately 49 acres in the SE1/4 SW1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4, SW1/4 NE1/4, SE1/4 NE1/4, NW1/4 SE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 17 acres being supplemental to the Canon Creek Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150), and Pangborn Ditch (Priority #123) See Figure 3. 5. Amy’s Lake: a. Legal Description: See preceding ¶ C.2. b. Surface Area: 3.1 acres. c. Total Capacity: 30 acre-feet. d. Type: Unlined, off channel. e. Dam length: Approximately 440 feet. f. Dam height: Approximately 10 feet. g. Amount Claimed: 30 acre feet per year, conditional, subject to as-built capacity, with a right to fill and refill successively at the following flow rates: (1) Amy’s Ditch: 2.0 c.f.s. (2) Bootjack North Diversion: 3.0 c.f.s. h. Source: West Fork i. Appropriation Date: December 31, 2018. (1) How appropriation initiated: By the formation of an intent to appropriate, developing engineering plans to construct the lake, and filing the Application in this matter. (2) Date water applied to beneficial use: N/A. j. Uses: Storage, piscatorial, fire-fighting, irrigation, aesthetic, recreation, and stock watering. k. Irrigated Area Description: Approximately 13 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M. See Figure 3. E. Plan for Augmentation. 1. Structures to be Augmented: Warren Lake, Warren Pond, Amy’s Lake and Reach 2 Ponds A through E, described above in preceding paragraphs D.1, D.2, and D.4, respectively; and Elizabeth Lake, Marie Lake, and Upper Twin Lakes 1 through 3 described in pending Case No. 17CW3050 (the “Twin Lakes System”). 2. Water rights that will be used for augmentation: Bootjack North Augmentation Pond, described above in paragraphs B.5 and D.3. 3. Statement of Plan for Augmentation. a. Purpose. The purpose of this plan for augmentation is to offset out-of-priority depletions associated with Warren Lake, Warren Pond, Amy’s Lake and Reach 2 Ponds A through E, as well as the Twin Lakes System (described in Exhibit A). This augmentation plan will operate to replace evaporation from these structures during periods of administration. b. Replacement Requirements. The active capacity of Bootjack North Augmentation Pond will be approximately 50 acre-feet, which will provide sufficient volume to fully replace all depletions from out-of-priority evaporation in the event of a senior call. At its discretion, Bootjack may curtail diversions into the Twin Lakes System when it is subject to a valid downstream call, rather than operating this plan to augment depletions therefrom. c. Filling and Freshening Flows for Warren Lake, Warren Pond, Amy’s Lake Bootjack North Augmentation Pond, and Reach 2 Ponds A through E. (1) Water will be diverted under the Warren Ditch right to fill and provide freshening flows for Warren Pond and Warren Lake. Such diversions will deplete the flow of the West Fork in the reach downstream from the headgate of the Warren Ditch to the outlet of the Reach 2 Ditch. (2) Water will be diverted under the Canon Creek Ditch First Enlargement right to fill and provide freshening flows for Warren Lake. Such diversions will deplete the flow of the West Fork in the reach downstream from the headgate of the Canon Creek Ditch to the outlet of the Reach 2 Ditch. (3) Water will be diverted under the Reach 2 Ditch right to fill and provide freshening flows for Reach 2 Ponds A through E. Such diversions will deplete the flow of the West Fork in the reach downstream from the headgate of the Reach 2 Ditch to the outlet of the Reach 2 Ditch. (4) Water will be diverted under the Bootjack North Diversion right to fill and replenish Bootjack North Augmentation Pond and fill and provide freshening flows to Amy’s Lake. Such diversions will deplete the flow of the West Fork in the reach downstream from the headgate of the Bootjack North Diversion to the outlet of the Amy’s Ditch. (5) Water will be diverted under the Amy’s Ditch right to fill provide freshening flows to Amy’s Lake. Such diversions will deplete the flow of the West Fork in the reach downstream from the headgate of Amy’s Ditch to the outlet of the Amy’s Ditch. d. General Operation of the Plan for Augmentation. Water rights calls on the West Fork have been historically rare. This plan for augmentation is a proactive effort designed to ensure the continuous diversion and use of water to the extent that there may be future calls by water rights senior to the conditional water rights described in this Application. When a senior call is in effect, the Applicant will account for all of its out-of-priority depletions and will augment them through releases to the West Fork from Bootjack North Augmentation Pond. The Applicant may also pump water back upstream from Warren Lake for discharge to the West Fork at or above the Warren Ditch point of diversion to allow continued diversions at Warren Ditch into Warren Lake during periods of call. 4. Name(s) and address(es) of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant: Bootjack Ranch, LLC; 12500 E. Hwy. 160; Pagosa Springs; Colorado 81147. F. Prayers For Relief. 1. Applicant requests a decree granting the new conditional surface water rights, underground water rights and storage rights described in Sections B, C and D of this Application. For any conditional water rights requested by this Application that are put to beneficial use during the pendency of this Application, Applicant seeks a decree awarding absolute water rights for those structures. 2. Applicant requests a decree approving the plan for augmentation described in Section E of this Application. 3. Applicant further requests such additional relief as the Court deems necessary and appropriate to further the purposes of the rights requested herein. (19 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 February, 2019, 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 January 31, 2019 /s/Danene M. Etz
Danene M. Etz, Water Court Specialist
Published January 17, 2019 in The Pagosa Springs SUN.

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This story was posted on January 17, 2019.