Public Notices 07/11/2019

DISTRICT COURT, ARCHULETA COUNTY,
COLORADO
Address: 46 Eaton Drive, Suite 1
Pagosa Springs, CO 81147
Telephone: (970) 264-8160
Plaintiff:
SAN JUAN RIVER RESORT PROPERTY OWNERS ASSOCIATION, INC.
v.
Defendants:
LAWYERS TITLE OF PUEBLO, INC., FIDELITY NATIONAL TITLE COMPANY, SAN JUAN RIVER RESORT INC., D. ALLEN GARDNER, JAMES E. STEPHENS, and FRANK E. GRIFFITTS
Attorney for Plaintiffs:
Josh W. Mack, #37858
Goldman, Nicholson & Mack, P.C.
679 E. 2nd Avenue, Suite C
P.O. Box 2270
Durango, CO 81302
Phone Number: (970) 259-8747
Fax Number: (970) 259-8790
E-mail: mack@gnm-law.com
Case Number: 19CV30051
SUMMONS
TO THE ABOVE-NAMED DEFENDANTS SAN JUAN RIVER RESORT INC., FRANK E. GRIFFITTS, AND D. ALLEN GARDNER:
You are hereby summoned and required to file with the clerk of this court an answer or other response to the above-captioned action. The relief demanded in this action is a decree quieting title to real property situate in Archuleta County, Colorado, described as follows:
All that land underlying the San Juan River as it appears on the Second Amended Plat of San Juan River Resort Subdivision Unit No. 2, filed February 10, 1975, as Reception No. 82575, in the office of the Clerk and Recorder, Archuleta County, Colorado.
If service of the summons was made upon you within the State of Colorado, you are required to file your answer or other response within 21 days after such service upon you. If service of the summons and complaint was made upon you outside of the State of Colorado, you are required to file your answer or other response within 35 days after such service upon you. Service of this summons is deemed to have occurred on day of the last publication, which shall be August 15, 2019.
If you fail to file your answer or other response to the complaint in writing within the applicable time period, judgment by default may be entered against you by the court for the relief demanded in the complaint without further notice.
Dated: July 3, 2019
Goldman, Nicholson & Mack, P.C.
/s/ Josh W. Mack
Josh W. Mack, Reg. #: 37858
Post Office Box 2270
Durango, Colorado 81302
(970) 259-8747
Attorney for Plaintiffs San Juan River Resort POA
Published July 11,18, 25, Aug. 1, 8 and 15, 2019 in The Pagosa Springs SUN.

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PLANNING COMMISSIONERS HEARING ON July 24th
Chris Smith, Integrity Industrial Park LLC, has applied for the Integrity Industrial Building Conditional Use Permit (CUP), on Parcel 2Z2 Ridgeview Subdivision Amendment 2017-01. The proposal will permit a new multi-tenant Light Industrial/Commercial building (PLN19-299) at 543 Navajo Trail Dr., Pagosa Springs, owned by Bykota REI, LLC, and zoned Planned Unit Development (PUD).
Comments regarding this proposal may be submitted to Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to Planning@archuletacounty.org prior to the public hearing by the Archuleta County Planning Commission on July 24, 2019, at 6:00 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
Published July 11 and 18, 2019 in The Pagosa Springs SUN.

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PLANNING COMMISSIONERS HEARING ON July 24th
Cynthia Purcell, San Juan River Village Metropolitan District, has applied for the SJRV Metro District Conditional Use Permit (CUP), on Lot 10, San Juan River Resort Unit 2; with a concurrent application for final plat approval of the San Juan River Resort Unit 2 Amendment 2019-01 re-plat, to be known as Lot 184. The proposal will cover the pre-existing Public Utility use and to add a new Shop building (PLN19-288). The property at 578 Alpine Dr., Pagosa Springs, is zoned county Residential (R).
Comments regarding this proposal may be submitted to Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to Planning@archuletacounty.org prior to the public hearing by the Archuleta County Planning Commission on July 24, 2019, at 6:00 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
Published July 11 and 18, 2019 in The Pagosa Springs SUN.

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NOTICE OF AMENDED BUDGET
LOS PINOS FIRE PROTECTION DISTRICT
NOTICE IS HEREBY GIVEN that a proposed amended budget has been submitted to the Board of Directors of the Los Pinos Fire Protection District for the year 2018. A copy of such amended budget has been filed at the main station, 275 Browning Avenue, Ignacio, Colorado, where the same is open for public inspection. Such amended budget will be considered at a meeting of the Board of Directors of the Los Pinos Fire Protection District to be held at the main station, 275 Browning Avenue, Ignacio, Colorado, on July 8, 2019 at 7 p.m.
Any interested elector within the Los Pinos Fire Protection District may inspect the amended budget and file or register any objections thereto at any time prior to the final adoption of the amended budget.
LOS PINOS FIRE PROTECTION DISTRICT
Published July 11, 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 June, 2019, for Archuleta County and Mineral County.
19CW3022 MINERAL AND ARCHULETA COUNTIES, WATER DIVISION NO. 7: 1) Applicant: DFM East Fork LLC; DTM East Fork LLC; TEM East Fork LLC; KMS East Fork LLC, c/o Tom McCarthy, 575 Anton Blvd., Suite 350, Costa Mesa, CA 92626; 2) Attorneys: Adam T. Reeves and Daniel F. McCarl, Maynes, Bradford, Shipps & Sheftel, LLP, 835 East 2nd Avenue, Ste. 123, Durango, CO 81301; 3) Application for Finding of Reasonable Diligence, Applicant requests a finding of reasonable diligence for the following water rights, originally decreed in Case No. 85CW120 (Jan. 8, 1988) and subsequently decreed in Case Nos. 93CW89 (Feb. 1, 1996), 02CW10 (April 23, 2003), and 09CW31 (June 21, 2013), District Court, Water Division 7. 4) Structures: (A) East Fork Well No. 1; (i) in the SW1/4SW1/4, Section 28, T37N, R2E, N.M.P.M., at a point 1,200 feet East of the West line and 600 feet North of the South line of said Section 28 (Mineral County); (ii) Source: Alluvium tributary to the East Fork of the San Juan River (“East Fork”); (iii) Appropriation Date: November 8, 1985; (iv) Amount 300 g.p.m., Conditional; (v) Uses: domestic; irrigation on approximately 350 acres of Applicant’s land, located in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M., and on land owned by the United States; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (B) East Fork Well No. 2; (i) in the SE1/4SW1/4, Section 28, T37N, R2E, N.M.P.M., at a point 1,700 feet East of the West line and 300 feet North of the South line of said Section 28 (Mineral County); (ii) Source: Alluvium tributary to East Fork; (iii) Appropriation Date: November 8, 1985; (iv) Amount: 300 g.p.m., Conditional; (v) Uses: domestic; irrigation on approximately 350 acres of Applicant’s land, located in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M., and on land owned by the United States; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (C) East Fork Well No. 3; (i) in the SE1/4SW1/4, Section 28, T37N, R2E, N.M.P.M., at a point 2,200 feet East of the West line and 600 feet North of the South line of said Section 28 (Mineral County); (ii) Source: Alluvium tributary to East Fork; (iii) November 8, 1985; (iv) Amount: 300 g.p.m., Conditional; (v) Uses: domestic; irrigation on approximately 350 acres of Applicant’s land, located in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M., and on land owned by the United States; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (D) East Fork Well No. 4: (i) in the SW1/4SE1/4, Section 28, T37N, R2E, N.M.P.M., at a point 2,000 feet East of the West line and 100 feet North of the South line of said Section 28 (Mineral County); (ii) Source: Alluvium tributary to East Fork; (iii) Appropriation Date: November 8, 1985; (iv) Amount: 300 g.p.m., Conditional; (v) Uses: domestic; irrigation on approximately 350 acres of Applicant’s land, located in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M., and on land owned by the United States; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (E) East Fork Well No. 5; (i) in the SW1/4SE1/4, Section 28, T37N, R2E, N.M.P.M., at a point 1,500 feet West of the East line and 100 feet North of the South line of said Section 28 (Mineral County); (ii) Source: Alluvium tributary to East Fork; (iii) Appropriation Date: November 8, 1985; (iv) Amount: 300 g.p.m., Conditional: (v) Uses: domestic; irrigation on approximately 350 acres of Applicant’s land, located in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M., and on land owned by the United States; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (F) East Fork Well No. 6 ; (i) in the SE1/4SE1/4, Section 28, T37N, R2E, N.M.P.M., at a point 1,000 feet West of the East line and 100 feet North of the South line of said Section 28 (Mineral County; (ii) Source: Alluvium tributary to East Fork; (iii) Appropriation Date: November 8, 1985; (iv) Amount: 300 g.p.m., Conditional; (v) Uses: domestic; irrigation on approximately 350 acres of Applicant’s land, located in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M., and on land owned by the United States; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (G) Mountain Well No. 2; (i) In Archuleta County, at a point from whence the SW corner of Section 28, T37N, R2E, N.M.P.M., bears North 10° 00’ West, approximately 1,100 feet; (ii) Source: Groundwater tributary to East Fork; (iii) Appropriation Date: October 12, 1985; (iv) Amount: 50 g.p.m., Conditional; (v) Uses: domestic; irrigation of up to 370 acres by augmentation, replacement, or exchange; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (H) Mountain Well No. 3; (i) In Archuleta County, at a point from whence the SW corner of Section 28, T37N, R2E, N.M.P.M., bears North 26° 15’ East, approximately 1,100 feet; (ii) Source: Groundwater tributary to East Fork; (iii) Appropriation Date: October 12, 1985; (iv) Amount: 50 g.p.m., Conditional; (v) Uses: domestic; irrigation of up to 370 acres by augmentation, replacement, or exchange; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (I) Quartz Meadow Well; (i) In Archuleta County, at a point from whence the SW corner of Section 28, T37N, R2E, N.M.P.M., bears North 35° 45’ West, approximately 1,690 feet; (ii) Source: Groundwater tributary to Quartz Creek, tributary to East Fork; (iii) Appropriation Date: October 12, 1985; (iv) Amount: 50 g.p.m., Conditional; (v) Uses: domestic; irrigation of up to 370 acres by augmentation, replacement, or exchange; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (J) Treasure Well; (i) in the SW1/4SW1/4, Section 30, T37N, R2E, N.M.P.M., at a point 900 feet from the West line and 900 feet from the South line of said Section 30; (ii) Source: Groundwater tributary to East Fork; (iii) Appropriation Date: December 16, 1985; (iv) Amount: 50 g.p.m., Conditional; (v) Uses: domestic; irrigation of up to 350 acres by augmentation, replacement, or exchange, and 20 acres by direct application; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (K) Lost Lake Reservoir; (i) Center of the Dam: on a stream channel, at a point 100 feet from the South line and 2,600 feet from the West line of Section 32, T37N, R2E, N.M.P.M. (Mineral County); (ii) Source: Lost Lake Springs and natural inflow above the dam, tributary to East Fork; (iii) Appropriation Date: November 12, 1985; (iv) Amount: 25 acre-feet (“AF”), Conditional, including the right to fill and refill in priority; (v) Uses: irrigation of up to 370 acres by direct flow, augmentation, replacement, or exchange, in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M.; domestic, recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (L) Meadow Reservoir; (i) Center of the Dam: off a stream channel, at a point 200 feet from the North line and 2,400 feet from the West line of Section 32, T37N, R2E, N.M.P.M. (Mineral County) ; (ii) Feeder Ditch: Lane Creek Ditch, 2.0 c.f.s., with a decreed point of diversion (“POD”) at a point whence the NW corner of Section 32, T37N, R2E, N.M.P.M. bears South 77° 06’ West, 1,741.2 feet; (iii) Source: East Fork; (iv) Appropriation Date: November 12, 1985; (iv) Amount: 115 AF, Conditional, including the right to fill and refill in priority; (v) Uses: irrigation of up to 370 acres by direct flow, augmentation, replacement, or exchange, in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M.; domestic, recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (M) Quartz Reservoir; (i) Center of the Dam: at a point 10 feet from the East line and 450 feet from the North line of Section 33, T37N, R2E, N.M.P.M. (Mineral County); (ii) Feeder Ditch: Young Ditch, 2.5 c.f.s., with a POD at a point on the South bank of the East Fork, whence the NW corner of Section 32, T37N, R2E, N.M.P.M., bears South 89° 52’ West, 11,146.4 feet; (iii) Source: East Fork; (iv) Appropriation Date: December 16, 1985; (v) Amount: 10 AF, Conditional, including the right to fill and refill in priority; (vi) Uses: irrigation of up to 370 acres by direct flow, augmentation, replacement, or exchange, in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M.; domestic, recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (N) Waterfall Reservoir; (i) Location of Center of the Dam: at a point 150 feet from the West line and 500 feet from the South line of Section 28, T37N, R2E, N.M.P.M. (Mineral County); (ii) Feeder Ditch: Falls Creek Ditch, 4.0 c.f.s., with original and alternate points of diversion, identified in Case Nos. 98CW65 and 13CW3002; (iii) Source: East Fork and Falls Creek, tributary to East Fork; (iv) Appropriation Date: December 16, 1985; (v) Amount: 100 AF, Conditional, including the right to fill and refill in priority; (vi) Uses: irrigation of up to 370 acres by direct flow, augmentation, replacement, or exchange, in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M.; domestic, recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (O) Horseshoe Reservoir: (i) Location of Center of the Dam: at a point 1,000 feet from the East line and 2,250 feet from the North line of Section 31, T37N, R21E, N.M.P.M. (Mineral County); (ii) Feeder Ditch: Lake Fork Ditch, 1.0 cfs, with a decreed point of diversion on the East bank of Lake Fork Cree, tributary of East Fork, at a point whence the NW corner of S32, T37N, R2E of N.M.P.M. bears North 35°14’ West 4,640.4 feet; (iii) Source: Lake Fork Creek, tributary to East Fork; (iv) Appropriation Date: December 16, 1985; (v) Amount: 100 AF Conditional, including the right to fill and refill in priority; (vi) Uses: irrigation of up to 370 acres by direct flow, augmentation, replacement, or exchange, in or near Sections 27, 28, 29, 30, 31, 32, 33, and 34, Township 37 North, Range 2 East of the N.M.P.M.; domestic, recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. e. Uses: domestic, irrigation of up to 370 acres by direct flow, augmentation, replacement or exchange; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. (P) Lost Lake Springs; (i) A group of springs in Archuleta County, around a point from whence the SW corner of Section 28, T37N, R2E, N.M.P.M., bears 25° 00’ East, a distance of approximately 6,100 feet; (ii) Source: Springs tributary to East Fork; (iii) Appropriation Date: November 12, 1985; (iv) Amount: 1.0 c.f.s., Conditional; (v) Uses: domestic, irrigation of up to 370 acres by direct flow, augmentation, replacement or exchange; recreational; piscatorial; wetlands enhancement; and replacement by exchange and augmentation. 5) Additional Information: The water rights which are the subject of this application are all under the same ownership and comprise a single, integrated water system; diligence as to one feature of the system is therefore diligence as to all features. See Application for Water Rights of City of Aurora, 731 P.2d 665 (Colo. 1987). The rights were first decreed in Case No. 85CW120 and subsequently granted diligence in Case Nos. 93CW89, 02CW10 and 09CW31. While 09CW31 was being adjudicated, Applicant granted conservation easements, in three phases, to Colorado Open Lands, a Colorado non-profit corporation, to preserve and protect certain conservation values on all of the 2,769 acres of Applicant’s property. The conservation values include (1) Relatively Natural Habitat for plants, fish, and wildlife and (2) Open Space for scenic enjoyment and agriculture. The Conservation Easements restrict water use directly and by limiting the amount and type of development permitted. In 09CW31, Applicant narrowed the scope of beneficial uses of the water rights and limited the surface acreage that each of the storage structures may occupy to account for the restrictions in the Conservation Easements. Since the decree was entered in 09CW31, Application has: (a) Refined its future plans for development under the Conservation Easements, including by affirmatively abandoning the water rights for the Clamshell Well No. 1, Clamshell Well No. 2, Mountain Well No. 1, and the Joe Mann Reservoir, which would otherwise have been subject to a finding of reasonable diligence in this application; (b) Planned construction of new buildings on Applicant’s property, including preparation of architectural drawings for a new barn, that will be supplied by the water rights in this Application; (c) Improved, maintained and repaired the irrigation system that will be supplied by the water rights in this Application, at a cost of approximately $60,000; (d) Perfected and made absolute the Borrow Pond water right, at a cost of approximately $2,290, in Case No. 17CW3013. The Borrow Pond right, which is decreed for aesthetic, recreational, fish and wildlife propagation uses, will be used in conjunction with the rights in this application for the benefit of Applicant’s property’s conservation values; (e) Obtained a second alternate point of diversion for the Falls Creek Ditch – Headgate No. 2, at a cost of approximately $1,900, in Case No. 13CW3002. The Falls Creek Ditch is decreed as a feeder ditch for the Waterfall Reservoir; (f) Completed numerous river and wetlands restoration and maintenance projects along the East Fork of the San Juan River and its tributaries, consistent with the exercise of the water rights applied for herein, at a cost of approximately $260,000. 21. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: All new diversion and storage structures will be constructed on land of Applicant. (12 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, 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 July 31, 2019 /s/Danene M. Etz
Danene M. Etz,
Water Court Specialist
Published July 11, 2019 in The Pagosa Springs SUN.

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This story was posted on July 11, 2019.