Public Notices 08/15/2019

ORDINANCE NO. 18 – 2017
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARCHULETA, STATE OF COLORADO
AMENDED AND RESTATED ORDINANCE NO 18-2017 FOR THE REGULATION OF OPEN BURNING IN THE UNINCORPORATED AREAS OF ARCHULETA COUNTY
WHEREAS, the Board of County Commissioners of the County of Archuleta (Board), pursuant to C.R.S. §30-11-107(1)(a) and 30-15-401, et seq. has the general enabling power to adopt ordinances, resolutions, rules and other regulations as may be necessary for the control or licensing of those matters of purely local concern, and to do all acts which may be necessary or expedient to promote the health, and welfare of the citizens of Archuleta County; and
WHEREAS, pursuant to C.R.S. §30-15-401(1)(n.5), the Board has specific authority to adopt an ordinance establishing an open burning permit system for the purpose of authorizing and regulating open burning as one of the many methods of safely disposing of slash and to adopt an ordinance banning open fires to a degree and in a manner that the Board deems necessary to reduce the dangers of wildfires within those portions of the unincorporated areas of the County where dangers of forest or grass fires is found to be high; and
WHEREAS, in the event a slash pile burn implicates County land use and zoning laws, permit applicants and grantees shall be subject to the Archuleta County Land Development Code; and
WHEREAS, the Board does not waive its authority to make determinations based on competent evidence, under Colorado Statute or this ordinance, by way of delegations contained herein; and
WHEREAS, the Board will review this ordinance once annually, at a regularly scheduled Board meeting, to determine whether authority delegated hereunder is being appropriately administered; and
WHEREAS, the Board encourages special districts having fire jurisdiction to provide education to citizens about the use of fire as a tool; and
WHEREAS, C.R.S. §30-15-405, provides that except for ordinances calling for special elections or necessary to the immediate preservation of the public health or safety and containing reasons making the same necessary, such ordinances shall not take effect and be in force before thirty days after they have been so published; however, an excepted ordinance shall take effect upon adoption; and
WHEREAS, the Sheriff of Archuleta County is authorized under the provisions of C.R.S. §30-10-512 and C.R.S. §30-10-513, to act as fire warden of the County in case of wild fire, and to assume charge or assist other governmental authorities in controlling or extinguishing wild fire; and
WHEREAS, the Sheriff has appointed a Sheriff’s designee to act on his behalf in matters relating to fire prevention and fire control in Archuleta County; and
WHEREAS, open fires and open burning can be a prime cause of wild fire in Archuleta County; and
WHEREAS, pursuant to C.R.S. §32-1-1002(3)(a), et seq. the Chief of each Fire Protection District has authority over the supervision of all fires within the district; and
WHEREAS, the Colorado Division of Fire Prevention and Control has established Slash Pile Burning guidelines; and
WHEREAS, the Board finds that competent evidence has been presented indicating that the danger of wild fire in Archuleta County is periodically high, and therefore it is necessary to the preservation of the public health, safety, and welfare of the citizens of Archuleta County to impose restrictions on all open fires and open burning within the unincorporated areas of Archuleta County; and
WHEREAS, the Board has determined that it is in the best interest of expedient and efficient government to amend the ordinance to allow for a different procedure for the County to engage in an Memorandum of Understanding with certain property owners to accomplish the same purposes of the Original Ordinance; and
WHEREAS, the Board has determined that such a Memorandum of Understanding procedure as is being incorporated by way of this Amendment will best serve the health, safety and welfare of all citizens of Archuleta County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARCHULETA, STATE OF COLORADO THAT ORDINANCE NO. 18-2017, BE AMENDED AND RESTATED IN ITS ENTIRETY AS FOLLOWS:
Section 1. Incorporation
The foregoing findings are incorporated herein.
Section 2. Title
This Ordinance shall be known and referred to as the “Amended and Restated Archuleta County Open Fire and Open Burning Restriction Ordinance,” and may be cited and referenced as such.
Section 3. Purpose
The purpose of this Ordinance is to preserve and protect the public health, safety, and welfare of the citizens of Archuleta County, Colorado, by restricting open fires and open burning in the unincorporated areas of Archuleta County during times of high fire danger and to provide a permitting or contract system that will (1) allow and regulate open and safe burning of slash; (2) inform persons of considerations for the appropriate, safe, and effective use of fire as a tool; and (3) reinforce knowledge of local requirements of homeowner associations, special districts having fire jurisdiction, and county ordinances to increase public awareness and protect the public health, safety, and welfare.
Section 4. Authority
This Ordinance is authorized by, inter alia, generally, C.R.S. Part 1 of Article 11 of Title 30, and Part 4 of Article 15 of Title 30, and specifically, Part 4 of Article 15 of Title 30 at § 401(1)(n.5).
Section 5. Interpretation
This Ordinance shall be so interpreted and construed as to effectuate its general purpose to preserve and protect the public health, safety, and welfare of the citizens of Archuleta County, Colorado, by burning responsibly under appropriate parameters, and by documenting open fires and open burning in unincorporated Archuleta County and by establishing an open burn permit or contract system in coordination with the Sheriff’s Office and special districts having fire jurisdiction to allow oversight of open burning in order to prevent wild fire in Archuleta County. Section headings and any cross references shall not be deemed to govern, limit, modify or affect in any manner the scope, meaning or extent of any provision of this Ordinance.
Section 6. Application
This Ordinance shall apply throughout unincorporated areas of Archuleta County, including public, private, and state lands.
Section 7. Definitions
For the purposes of this Ordinance, the following shall mean:
“Air Curtain Destructor (also known as Air Curtain Burners or Air Curtain Incinerators)”: An open burning device that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Devices of this type may be constructed above or below ground and with or without refractory walls and floor. (Air Curtain devices are not conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular and fluidized bed combustors.)
“Agricultural Burning”: Burning of cover vegetation for the purpose of preparing the soil for crop production, weed control, or maintenance of water conveyance structures related to agricultural operations and other agricultural cultivation purposes.
“Broadcast Burn”: The controlled application of fire to wildland fuels in their natural or modified state over a predetermined area. Broadcast Burns do not include the burning of wildland fuels that have been concentrated in piles by manual or mechanical methods.
“Extinguished”: No excessive heat or visible flame, smoke, or emissions exist.
“Fire Restriction Evaluation Guidelines”: That set of evaluation criteria currently in use by federal, state, and local fire suppression/management agencies for monitoring fuel moistures, fire danger class, current impacts on suppression resources, current fire cause types, fire weather forecasts, and other indicators of predicted fire danger.
“Fire Restriction and Stages”:
“Stage 1 Restrictions”: Prohibits the following activities:
1. Open fire and open burning, excepting fires and campfires within permanently constructed fire grates, charcoal grills and wood burning stoves in developed campgrounds and picnic grounds, or private residences in areas cleared of all flammable materials, other than those exceptions/exemptions as noted in Section 9 below.
2. The sale or use of fireworks.
3. Or otherwise determined by Resolution
“Stage 2 Restrictions”: Prohibits the following activities
1. All open fire and open burning as defined other than those exceptions/exemptions as noted in Section 9 below.
2. The sale or use of fireworks.
3. Outdoor smoking except within an enclosed vehicle or building.
4. Or otherwise determined by Resolution
“Stage 3 Restrictions”:
1. As determined by Resolution
“Open Burning”: Vegetation management that involves the combustion of one or more piles of clean, dry natural vegetative material on an open premises, or on any public street, alley or other land adjacent to such premises.
“Open Fire”: For the purposes of this Ordinance, open fires shall be defined as outdoor fire, including, but not limited to, Vegetation Management Burning, campfires, warming fires, charcoal grill fires, fires in wood-burning stoves, the use of explosives, outdoor welding or operating an acetylene or other torch with open flame other than in an area cleared of all flammable materials, fireworks of all kinds or brands, and the prescribed burning of fence lines or rows, fields, farmlands, rangelands, wild lands, trash, and debris.
“Person”: Any individual, association, organization, partnership, firm, corporation, business or other entity recognized by law.
“Prescribed Burning”: The controlled application of fire in accordance with a written prescription for wildland fuels under specified environmental conditions while following appropriate precautionary measures that ensure that the fire is confined to a predetermined area to accomplish the planned fire or land-management objectives, in accordance with the Colorado Prescribed Fire Planning and Implementation Policy Guide, issued by the Colorado Division of Fire Prevention and Control.
“Red Flag Warning”: A forecast warning issued by the National Weather Service to inform area firefighting and land use management agencies that conditions are ideal for wildland fire ignition and propagation.
“Slash”: Woody material less than six inches in diameter consisting of limbs, branches, and stems that are free of dirt. “Slash” does not include tree stumps, roots, or any other material.
“Vegetation Management Burning”: Fire that a person starts and that is intentionally used for wildland or forest management, including vegetative, habitat, or fuel management, and yard waste burning consisting of clean dry vegetative material. Vegetation Management Burning includes air curtain destructor and slash pile burning. Vegetation Management Burning does not include:
1. Burning in the course of agricultural operations.
2. Burning for purpose of maintaining water conveyance structures.
3. Smokeless flares or safety flares for the combustion of waste gases.
4. Flares used to indicate danger.
5. Emissions from fireplaces, fire pits, chimineas or other wood burning containers that have been approved and used for non-commercial, recreational or aesthetic purposes using clean, dry, untreated wood or charcoal.
6. Cooking fires that are smaller than three feet in diameter and less than two feet high that are kindled for the purpose of cooking food using only clean, dry, untreated wood or charcoal, which are contained by fireplaces, fire pits (free standing and / or above ground), barbeques or other systems approved by the local special district having fire jurisdiction or the Archuleta County Sheriff’s Office.
7. Broadcast burns conducted within federal and state guidelines that have a written prescribed fire plan.
8. The use of explosives.
9. Outdoor welding or operating an acetylene torch with open flame.
10. The use of fireworks of all kinds or brands.
Section 8. Unlawful Acts
1. No person shall conduct Vegetation Management Burning within unincorporated areas of Archuleta County, including private and County property, without first having obtained an Open Burning Permit, and adhering to the terms of the permit and the requirements established in Section 12 or having entered into a written Memorandum of Understanding Covering Burns with Archuleta County. (hereinafter MOUCB)
2. No person shall conduct open burning of items that are prohibited in Vegetation Management Burning at any time in the unincorporated areas of Archuleta County including private County property.
3. Engaging in activity prohibited when Stage 1, 2, or 3. Restrictions are in effect, other than as excepted or exempted, in the unincorporated areas of Archuleta County including public, private, state, and applicable federal lands.
Section 9. Exceptions/Exemptions
The following shall not be in violation of Section 8:
1. Commercial or community fireworks displays properly maintained
2. Fires contained within liquid-fueled or gas-fueled stoves; indoor fireplaces and wood-burning stoves; and outdoor charcoal grills and wood-burning stoves during Stage 1 Restrictions, providing they are at private residences and in an area cleared of all flammable materials including dry vegetation.
3. The burning of irrigation ditches in the designated areas is prohibited by this Order EXCEPT for ditches located within, and completely surrounded by, irrigated farmlands where such burning is necessary for crop survival. Prior to such excepted ditch burning, permission must be obtained from the Sheriff by and through the Sheriff’s designee.
4. Persons with a permit or written authorization from the Sheriff, by and through the Sheriff’s designee, specifically authorizing the otherwise prohibited act or omission. Issuance of such permit or written authorization shall be contingent upon concurrence of any special district having fire jurisdiction.
5. Any federal, state, or local officer, or member of an organized rescue or firefighting force, in the performance on an official duty.
6. Any further exemptions to either the meaning of terms or the enforcement of this Ordinance shall be granted only by the Sheriff, by and through the Sheriff’s designee, or for exemptions upon or within Archuleta County, by the administering agency, and only if the proposed action is deemed by the Archuleta County Sheriff, through the Sheriff’s designee, to be safe and manageable with the concurrence of any special district having fire jurisdiction.
Section 10. Implementation of Fire Restriction Stages
The Archuleta County Sheriff or his designee shall monitor fire danger conditions and coordinate with Federal, State and local fire agencies to determine the appropriate stage of restrictions. When the Fire Restriction Evaluation Guidelines contained in the Archuleta County Wildland Fire Annual Operating Plan as established from time to time, indicate that enforcement of Section 8, Subsection 3, of this ordinance under Stage 1 Restrictions should be re-instated, or that restrictions should be upgraded to Stage 2 Restrictions, the Archuleta County Sheriff, or his designee shall coordinate notification to the public through a general press release to local radio and print media, as well as posting on the Archuleta County Internet Website and Archuleta County Sheriff’s Office Facebook page. Likewise, when conditions indicate a reduction in restrictions from Stage 2 to Stage 1, or the suspension of enforcement of Section 8, Subsection 3, the same notification to the public shall occur.
Section 11. Permit Application Process and Burn Log Procedure
1. Open Burning Permits will only be issued for those fires defined as Vegetation Management Burning.
2. An Open Burning Permit may be revoked at any time if any permit requirements are not complied with. Open Burn Permits are invalid during Stage 1 or Stage 2 Fire Restrictions or during a Red Flag Warning and any fire already ignited under such permit must be extinguished.
3. Open Burning Permits may be purchased at the Pagosa Fire Protection District office located at 191 N. Pagosa Blvd. in Pagosa Springs. If properties are located within Los Pinos Fire Protection District, Open Burn Permits shall be procured at Los Pinos Fire Protection District office located at 275 Browning Ave, Ignacio. Notwithstanding anything to the contrary, in the event either A) a person desires to burn in excess of the size limits specified in Section 12 Paragraph numbered 3 below, or otherwise vary from the specification set forth in this Ordinance; or B) The Sheriff or his designee determine it to be in the best interests of the County, then either no permit shall be issued by the Pagosa Springs Fire Protection District or, if one has been issued it shall be revoked and Such person shall enter into a written MOUCB governing their burn practices with Archuleta County.
Provided, however, nothing shall require the Pagosa Springs Fire Department or Archuleta County to enter into such MOUCB in which case the person shall be limited to obtaining a permit hereunder and complying with the specifications set forth herein.
4. The Archuleta County Combined Dispatch shall keep a log of each notification it receives regarding an intent to initiate such open burning of slash and verify that either a permit has been issued or an MOUCB executed authorizing the burn.
Section 12. Vegetation Management Burning Requirements
1. Persons with Open Burning Permit or MOUCB shall notify responsible fire agencies, including the Sheriff’s Office and any special district having fire jurisdiction on the day of and within one hour before commencing burning. Persons shall notify responsible fire agencies upon completion of the Open Burn. Responsible fire agencies shall be notified via Pagosa Area Dispatch at 970-731-2160.
2. If an Open Burn is to be conducted by someone other than the legal owner of the property, written permission for the Open Burn shall be obtained from the legal owner or his/her agent and submitted as part of the permit application.
3. Piles may be up to eight feet wide, eight feet long, and no more than four feet tall, with material no greater than six inches in diameter, and shall be compliant with any criteria established by a special district having fire jurisdiction.
4. Open Burn Fires shall be constantly and directly attended and observed by a competent person. Appropriate extinguishing equipment shall be available and ready for immediate use. The Open Burn Permit or a true and correct copy of the fully executed MOUCB shall be in possession of the person attending and observing the Open Burn at all times during the Open Burn.
5. The Open Burn shall be conducted 50 feet or more from any structures or combustible fence.
6. All fires shall be conducted within the terms of the Open Burning Permit or the MOUCB. This does not apply to recreational fires, including bonfires, camp fires, and fires used for cooking.
7. Local special districts having fire jurisdiction may have codes, regulations, policies or standards that are more restrictive or prohibit certain activities. In this cases, the more restrictive or prohibitive provisions apply.
8. There shall be no Vegetation Management Burning while red flag warning is in effect in the fire weather zone of the designated burn or during Stage 1, 2, or 3 Restrictions.
9. Persons receiving Open Burn permits or entering into MOUCB shall make reasonable efforts to notify owners and occupants of neighboring properties prior to ignition. The County will maintain an online, publicly available list of addresses for active burn permits and MOUCBs.
Section 13. Enforcement Agencies/Prosecution
1. This Ordinance shall be enforced by the Sheriff, through his Deputies, including the Sheriff’s designee, or by the special districts having fire jurisdiction or administering agencies of the state and federal lands located therein, and they shall have authority to order any person to immediately cease any violation of this ordinance. This authority shall include, but not limited to, the right to issue a penalty assessment notice and the right of a Post Certified Deputy to take such person or persons into temporary custody. Any further exception to the enforcement ability of this Ordinance by the administering agency shall be granted only by the administering agency, and only if the proposed action is deemed by the Sheriff of Archuleta County or the state or federal administering agency to be safe or manageable.
2. Criminal prosecution may be brought against a violator in accordance with C.R.S. §30-15-402(1) as amended by H.B, 96-1117, and 30-15-410, and under the penalty assessment procedure provided in C.R.S. §16-2-201. The Sheriff’s Office is authorized to devise a ticketing system in conformance with C.R.S. §16-2-201.
3. Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law, order or regulation.
4. Any person who violates this Ordinance from the effective date commits a Class 2 Petty Offense under C.R.S. §30-15-402, and, upon conviction or confession of guilt thereof, shall be punished by a fine of not more than six hundred dollars ($600.00), or by a fine of not more than one thousand dollars ($1,000.00) during Stage 2 Open Burning Restrictions, for each separate violation, plus a surcharge of ten dollars ($10.00). Fines are to be set by the County Court, unless the violator wishes to confess guilt and, pursuant to the penalty assessment procedure, pay the fine in the amount of one hundred dollars ($100.00), or by fine of five hundred dollars ($500.00) during Stage 2 Open Burning Restrictions, plus the ten dollar ($10.00) surcharge. Agricultural burning is exempt from this requirement.
5. All fines paid for the violation of this Ordinance shall be in negotiable funds made payable to Archuleta County and submitted to the Archuleta County Treasurer’s Office, P.O. Box 790, Pagosa Springs, CO, 81147 within twenty (20) days of a receipt of a notice of violation. All fines and surcharges for the violation of this Ordinance received by the County shall be remitted to the Archuleta County Treasurer and deposited into the general fund of Archuleta County.
Section 14. Additional Remedies
The remedies provided in the Ordinance shall be cumulative and in addition to any other federal, state or local remedies, criminal or civil, which may be available. Nothing contained herein shall be construed to preclude prosecution under any applicable statute, including, but not limited to, prosecution under C.R.S. §18-4-105, 18-13-109.5, or any applicable local, state or federal statute, ordinance, rule, order, or regulation.
Section 15. Safety Clause
The Board finds, determines, and declares that this ordinance is necessary for the immediate preservation and protection of the health, safety, and welfare of the citizens of Archuleta County, Colorado.
Section 16. Severability
Should any section, subsection, clause, sentence or phrase of this Ordinance be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or invalidate the other provisions of this Ordinance which can be given affect without such invalid provision.
Section 17. Repeal of Conflicting Provisions
All former County ordinances, resolutions, rules or regulations, or parts thereof, in conflict with this Ordinance are hereby repealed.
Section 18. Effective Date
In the interest of immediate preservation of public health, safety and welfare, this ordinance shall become effective upon its passage. This Ordinance placing a restriction on all open fires and open burning and establishing an open burning permit process for Vegetation Management Burning within the unincorporated areas of Archuleta County shall be effective immediately, and remain in effect until this Ordinance is amended or rescinded by the Board.
INTRODUCED AND READ ON FIRST READING ON this 6th day of August, 2019 and ordered published in full in the Pagosa Springs Sun in Pagosa Springs, Archuleta County, Colorado.
BOARD OF COUNTY COMMISSIONERS
ARCHULETA COUNTY, COLORADO
By: Ronnie Maez, Chairman
ATTEST:
Kristy Archuleta, County Clerk & Recorder
ADOPTED ON SECOND AND FINAL READING ON this _____ day of September, 2019 and ordered published to title only in the Pagosa Springs Sun in Pagosa Springs, Archuleta County, Colorado.
BOARD OF COUNTY COMMISSIONERS
ARCHULETA COUNTY, COLORADO
By: Ronnie Maez, Chairman
ATTEST:
Kristy Archuleta, County Clerk & Recorder
CERTIFICATION: I hereby certify that the foregoing Amended and Restated Ordinance 18-2017 as introduced and read on first reading at the regular public meeting of the Board of County Commissioners of the County of Archuleta on August 6, 2019 and the same was published in full in the Pagosa Springs Sun, a newspaper of general circulation published in Archuleta County, on August ____, 2019, and thereafter was adopted on second and final reading at a regular public meeting of the Board of County Commissioners of the County of Archuleta on September ____, 2019. Said Ordinance was published by title only on September ____, 2019. Said Ordinance went into effect on _______________, 2019. Certified this ____ day of ______________, 2019.
By: Kristy Archuleta, County Clerk & Recorder
Published August 15, 2019 in The Pagosa Springs SUN.

__________

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 July, 2019, for Archuleta County.
18CW3018 Archuleta County – Piedra River; Marcus Elliott, Denise L. Elliott, and William R. Whitney; c/o Bruce C. Walters and John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; AMENDED APPLICATION FOR SIMPLE CHANGE IN SURFACE POINTS OF DIVERSION; Name and address of applicants: Marcus Elliott, Denise L. Elliott, and William R. Whitney; 25825 Highway 160; Durango, CO 81301; Background information: Applicants filed their initial application requesting a surface water right in the Burns Spring Pipeline on June 29, 2018. However, after filing that application, Applicants conferred with the water commissioner and learned the water being diverted at the Burns Spring Pipeline historically had been diverted at various downstream points of diversion for irrigation of the same acreage. Applicants retained Wright Water Engineering to verify the locations of the decreed points of diversion on Applicants’ property, to provide descriptions of the current status of the diversion structures and to generate a detailed written report. Wright Water conducted a site visit on April 26, 2019, and prepared a summary of each structure. Applicants now seek to use the J R Scott Ditch as the new point of diversion for four water rights located on their property pursuant to C.R.S. § 37-92-305(3.5). However, Applicants intend to make use of an irrigation pipeline installed on Applicants’ property in 2007 by the NRCS to utilize these water rights at the J R Scott point of diversion. Accordingly, Applicants request a change in the points of diversion for the following water rights, which will ultimately provide for their continued application towards beneficial use. Decreed water right for which change is sought: Name of structure: C H Freeman Ditch; Original and subsequent decrees: Decreed January 20, 1902, Case No. CA0073. Legal description: According to Case No. CA0073, the point of diversion for the C H Freeman Ditch was decreed on the north bank of Yellow Jacket Creek at a point near the center of the northwest quarter of Section 3, Township 34, N.R. 6, West; that said ditch extends thence in a general southeasterly direction; Alternate points of diversion: In Case No. 82CW99, an alternate point of diversion for the C H Freeman Ditch was decreed at the headgate of the Burns Ditch which is located at a point on the SW bank of Yellow Jacket Creek, whence the NW corner of Section 3, T34N, R5W, N.M.P.M. bears N26˚49’ W, 2,548.3 ft. A second alternate point was decreed at the headgate of the Abeyta Ditch, which is located at a point on the NE bank of Yellow Jacket Creek whence the SE corner of Section 3, T34N, R5W, N.M.P.M. bears S63˚16’ E, 3,4724.7 ft. (T34N – north of the Ute line); Decreed source of water: Yellow Jacket Creek, tributary to the Piedra River; Appropriation date: April 10, 1879; Amount: 1.75 c.f.s. absolute; Decreed use: Irrigation of lands lying along Yellow Jacket Creek; Proposed change in surface point of diversion: Description of proposed change: Change the point of diversion for the C H Freeman Ditch. Applicants’ water right in the C H Freeman Ditch was decreed for 1.75 c.f.s. for irrigation use in Case No. CA0073. Applicants’ predecessors historically used that right to irrigate acreage lying along Yellow Jacket Creek, the same acreage that Applicants’ own and irrigate today. However, as the structure supporting this right fell into disrepair Applicants installed an irrigation pipeline spanning their entire property, which is filled directly from the J R Scott Ditch, and is capable of carrying quantities of water beyond what is decreed to the J R Scott. While inspecting their property, Applicants observed that no diversion structure presently exists for the C H Freeman Ditch. In order to make beneficial use of water decreed to the C H Freeman Ditch, Applicants seek to change the point of diversion for the C H Freeman Ditch to the current point of diversion for the J R Scott Ditch. Changing the point of diversion for the C H Freeman Ditch will not result in an enlargement of the Ditch’s historic use at its original point of diversion because the irrigation pipeline is only capable of carrying 2.5 c.f.s. of water at any given time. Further, the only intervening surface points of diversion belong to Applicants, and there are no decreed instream flow rights within this reach. Finally, Applicants are not seeking to irrigate lands not contemplated by the original decree; Applicants will utilize water from the C H Freeman Ditch on the same lands historically irrigated by the Ditch. Because the alternate points of diversion are located at structures Applicants also seek to change by this Application, Applicants will concede the abandonment of each of its alternate points of diversion for the C H Freeman Ditch; Location of new surface point of diversion: J R Scott Ditch; In Case No. CA0073, the headgate of the J R Scott Ditch is generally described as being located on the north bank of Yellow Jacket Creek, at a point near the center of the northeast quarter of Section 4, Township 34 R 5. The legal point of diversion for the J R Scott Ditch and the location where the proposed change will be utilized is located at a point in the NE1/4, NE1/4 of Section 4, T34N, R5WA, N.M.P.M., 8 feet from the north section line and 835 feet from the east section line. (X: 285431, Y: 4125612 UTM NAD 83 Zone 13). The point of diversion for the J R Scott Ditch has been at the same physical location since the water right in the J R Scott Ditch was confirmed in Case No. CA0073. The legal point of diversion is not located at the location generally described in the original decree. Applicants have diverted water in the J R Scott Ditch at its legal point of diversion with the intent to divert pursuant to the terms of Case No. CA0073. Decreed water right for which change is sought: Name of structure: Abeyta Ditch; Date of original decree: Decreed on December 19, 1968, Case No. D-308; Legal description: According to Case No. D-308, the headgate of the Abeyta Ditch is located at a point on the Northeast bank of Yellow Jacket Creek, whence the Southeast corner of Section 3, Township 34 North, (North of the Ute Line) Range 5 West, N.M.P.M., bears South 63˚16’ East, 3,724.7 feet; Decreed source of water: Surface flows from Yellow Jacket Creek, tributary to the Piedra River; Appropriation date: December 31, 1927; Amount: 1.5 c.f.s. absolute; Decreed use: Domestic and irrigation of 24 acres of land; Proposed change in surface point of diversion: Description of proposed change: Change the point of diversion for the Abeyta Ditch. Applicants’ water right in the Abeyta Ditch was decreed for 1.5 c.f.s. for irrigation and domestic use in Case No. D-308. Applicants’ predecessors historically used that right to irrigate 24 acres of land lying along Yellow Jacket Creek, acreage which is now owned and irrigated by Applicants. In the past several decades, however, the structure supporting this right fell into disrepair. Recently, Applicants installed an irrigation pipeline spanning their entire property, which is filled directly from the J R Scott Ditch, and is capable of carrying quantities of water beyond what is decreed to the J R Scott. While inspecting their property, Applicants observed the Abeyta Ditch to be in disrepair and not presently capable of diverting water. In order to make beneficial use of water decreed to the Abeyta Ditch, Applicants seek to change the point of diversion for the Abeyta Ditch to the current point of diversion for the J R Scott Ditch. Changing the point of diversion for the Abeyta Ditch will not result in an enlargement of the Ditch’s historic use at its original point of diversion because the irrigation pipeline is only capable of carrying 2.5 c.f.s. of water at any given time. Further, the only intervening surface points of diversion belong to Applicants, and there are no decreed instream flow rights within this reach. Finally, Applicants are not seeking to irrigate lands not contemplated by the original decree; Applicants will utilize water from the Abeyta Ditch on the same lands historically irrigated by the Ditch. Location of new surface point of diversion: J R Scott Ditch ; In Case No. CA0073, the headgate of the J R Scott Ditch is generally described as being located on the north bank of Yellow Jacket Creek, at a point near the center of the northeast quarter of Section 4, Township 34 R 5. The legal point of diversion for the J R Scott Ditch and the location where the proposed change will be utilized is located at a point in the NE1/4, NE1/4 of Section 4, T34N, R5WA, N.M.P.M., 8 feet from the north section line and 835 feet from the east section line. (X: 285431, Y: 4125612 UTM NAD 83 Zone 13). The point of diversion for the J R Scott Ditch has been at the same physical location since the water right in the J R Scott Ditch was confirmed in Case No. CA0073. The legal point of diversion is not located at the location generally described in the original decree. Applicants have diverted water in the J R Scott Ditch at its legal point of diversion with the intent to divert pursuant to the terms of Case No. CA0073. Decreed water right for which change is sought: Name of structure: Burns Ditch; Date of original decree: Decreed on December 19, 1968, Case No. D-308; Legal description: According to Case No. D-308, the headgate of the Burns Ditch is located at a point on the Southwest bank of Yellow Jacket Creek, whence the Northwest corner of Section 3, Township 34 North (North of the Ute Line) Range 5 West, N.M.P.M. bears North 26˚49’ West 2,548.3 feet; Decreed source of water: Surface flows from Yellow Jacket Creek, tributary to the Piedra River; Appropriation date: December 31, 1927; Amount: 1.5 c.f.s. absolute; Decreed use: Domestic and for irrigation of 16 acres of land; Proposed change in surface point of diversion: Description of proposed change: Change the point of diversion for the Burns Ditch. Applicants’ water right in the Burns Ditch was decreed for 1.5 c.f.s. for irrigation and domestic use in Case No. D-308. Applicants’ predecessors historically used that right to irrigate 16 acres of land lying along Yellow Jacket Creek, acreage which is now owned and irrigated by the Applicants. In the past several decades, however, the structure supporting this right fell into disrepair. Recently, Applicants installed an irrigation pipeline spanning their entire property, which is filled directly from the J R Scott Ditch, and is capable of carrying quantities of water beyond what is decreed to the J R Scott. While inspecting their property, Applicants observed that Burns Ditch is not presently able to divert water and would need erosion mitigation repairs to become operable. In order to make beneficial use of water decreed to the Burns Ditch, Applicants seek to change the point of diversion for the Burns Ditch to the current point of diversion for the J R Scott Ditch. Changing the point of diversion for the Burns Ditch will not result in an enlargement of the Ditch’s historic use at its original point of diversion because the irrigation pipeline is only capable of carrying 2.5 c.f.s. of water at any given time. Further, the only intervening surface points of diversion belong to Applicants, and there are no decreed instream flow rights to within this reach. Finally, Applicants are not seeking to irrigate lands not contemplated by the original decree; Applicants will utilize water from the Burns Ditch on the same lands historically irrigated by the Ditch. Location of new surface point of diversion: J R Scott Ditch; In Case No. CA0073, the headgate of the J R Scott Ditch is generally described as being located on the north bank of Yellow Jacket Creek, at a point near the center of the northeast quarter of Section 4, Township 34 R 5. The legal point of diversion for the J R Scott Ditch and the location where the proposed change will be utilized is located at a point in the NE1/4, NE1/4 of Section 4, T34N, R5WA, N.M.P.M., 8 feet from the north section line and 835 feet from the east section line. (X: 285431, Y: 4125612 UTM NAD 83 Zone 13). The point of diversion for the J R Scott Ditch has been at the same physical location since the water right in the J R Scott Ditch was confirmed in Case No. CA0073. The legal point of diversion is not located at the location generally described in the original decree. Applicants have diverted water in the J R Scott Ditch at its legal point of diversion with the intent to divert pursuant to the terms of Case No. CA0073. Decreed water right for which change is sought: Name of structure: Wildwater Ditch; Date of original decree: Decreed on December 19, 1968, Case No. D-308; Legal description: According to Case No. D-308, the headgate of the Wildwater Ditch is located at a point on the Northwest bank of Wildwater Creek, whence the Southeast corner of Section 3, Township 34 North (North of Ute Line), Range 5 West, N.M.P.M., bears South 55˚40’ East 3,021.4 feet; Decreed source of water: Surface flows from Yellow Jacket Creek, tributary to the Piedra River; Appropriation date: December 31, 1927; Amount: 1.0 c.f.s., absolute; Decreed use: For domestic purposes and for irrigation of 7 acres of land; Proposed change in surface point of diversion: Description of proposed change: Change the point of diversion for the Wildwater Ditch. Applicants’ water right in the Wildwater Ditch was decreed for 1.0 c.f.s. for irrigation and domestic use in Case No. D-308. Applicants’ predecessors historically used that right to irrigate 7 acres of land lying along Yellow Jacket Creek, acreage which is now owned and irrigated by the Applicants. In the past several decades, however, the structure supporting this right fell into disrepair. Recently, Applicants installed an irrigation pipeline spanning their entire property, which is filled directly from the J R Scott Ditch, and is capable of carrying quantities of water beyond what is decreed to the J R Scott. While inspecting their property, Applicants observed that Wildwater Ditch is not presently diverting water and the flume serving the Ditch is defunct and not able to accurately produce flow measurements. In order to make beneficial use of water decreed to the Wildwater Ditch, Applicants seek to change the point of diversion for the Wildwater Ditch to the current point of diversion for the J R Scott Ditch. Changing the point of diversion for the Wildwater Ditch will not result in an enlargement of the Ditch’s historic use at its original point of diversion because the irrigation pipeline is only capable of carrying 2.5 c.f.s. of water at any given time. Further, the only intervening surface points of diversion belong to Applicants, and there are no decreed instream flow rights within the stream reach. Finally, Applicants are not seeking to irrigate lands not contemplated by the original decree; Applicants will utilize water from the Wildwater Ditch on the same lands historically irrigated by the Ditch; Location of new surface point of diversion: J R Scott Ditch; In Case No. CA0073, the headgate of the J R Scott Ditch is generally described as being located on the north bank of Yellow Jacket Creek, at a point near the center of the northeast quarter of Section 4, Township 34 R 5. The legal point of diversion for the J R Scott Ditch and the location where the proposed change will be utilized is located at a point in the NE1/4, NE1/4 of Section 4, T34N, R5WA, N.M.P.M., 8 feet from the north section line and 835 feet from the east section line. (X: 285431, Y: 4125612 UTM NAD 83 Zone 13). The point of diversion for the J R Scott Ditch has been at the same physical location since the water right in the J R Scott Ditch was confirmed in Case No. CA0073. The legal point of diversion is not located at the location generally described in the original decree. Applicants have diverted water in the J R Scott Ditch at its legal point of diversion with the intent to divert pursuant to the terms of Case No. CA0073. (31 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 September, 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 August 31, 2019 /s/ Danene M. Etz
Danene M. Etz, Water Court Specialist
Published August 15, 2019 in The Pagosa Springs SUN.

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DISTRICT COURT,
ARCHULETA COUNTY, COLORADO
Court Address: 449 San Juan Street, Pagosa Springs, CO 81147
Phone Number: (970) 264-8160
Plaintiff:
DOUG MARCH ENTERPRISES INC. EMPLOYEE PROFIT SHARING PLAN AND TRUST
v.
Defendants:
SIERRA PAGOSA BUILDERS, INC.; NATIONAL RECREATIONAL PROPERTIES OF PAGOSA SPRINGS, LLC; PAGOSA LAKES PROPERTY OWNERS ASSOCIATION; and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.
Submitting Attorney:
Duke Eggleston, #24965
Eggleston Kosnik LLC
556 Main Ave.
Durango, CO 81301
Phone Number: (970) 403-1580
E-mail: deggleston@e-klaw.com
Case Number: 2019CV30064
SUMMONS BY PUBLICATION
PLAINTIFF DOUG MARCH ENTERPRISES INC. EMPLOYEE PROFIT SHARING PLAN AND TRUST
TO THE ABOVE NAMED DEFENDANTS:
SIERRA PAGOSA BUILDERS, INC. – 55 Meadows Drive, Pagosa Springs, CO 81147
NATIONAL RECREATIONAL PROPERTIES OF PAGOSA SPRINGS, LLC – 7700 E. Arapahoe Rd, Ste 220, Centennial, CO 80112
ALL UKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION
YOU ARE HEREBY SUMMONED and required to appear and defend against the claims of the complaint filed with the court in this action by filing with the clerk of this court an answer or other response. You are required to file your answer or other response within 35 days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court.
If you fail to file your answer or other response to the complaint in writing within 35 days after the date of the last publication, judgment by default may be rendered against you by the court for the relief demanded in the complaint without further notice.
This is an action to quiet the title of the Plaintiff in and to the real property situate in Archuleta County, Colorado, more particularly described as follows:
Lot 674 in Pagosa Highlands Estates, according to the plat thereof filed for record February 7, 1972, as Reception No. 75409, in the office of the Clerk and Recorder, Archuleta County, Colorado.
Lots 44 and 45 in Chris Mountain Village at Pagosa Unit Two, according to the plat thereof filed for record June 4, 1973 as Reception No. 77868.
Respectfully Submitted this 6th day of August, 2019.
Published in The Pagosa Springs Sun
First Publication: August 15, 2019
Last Publication: September 12, 2019
Eggleston Kosnik LLC
/s/ Duke Eggleston
Duke Eggleston, #24965
556 Main Ave.
Durango, CO 81301
(970) 403-1580
Published August 15, 22, 29, September 5 and 12, 2019 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS
Estate of Patrick A. Juneau, Deceased
Case No. 2019 PR 30033
All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Archuleta County, Colorado on or before December 15, 2019, or the claims may be forever barred.
Daniel L. Fiedler, Attorney at Law
190 Talisman Drive, Suite D-6
Pagosa Springs, CO 81147
Published August 15, 22 and 29, 2019 in The Pagosa Springs SUN.

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Archuleta County, Colorado
2018 Asphalt Maintenance Project
Archuleta County is in the process of finalizing the above listed project constructed by PAP, LLC, 39018 Highway 160, Bayfield, Colorado, 81122. Any claims against this project by suppliers, subcontractors, or others should be delivered to the project engineering firm of Davis Engineering Service, Inc. at 188 South 8th Street, PO Box 1208, Pagosa Springs, Colorado 81147. All claims shall be delivered prior to August 29, 2019. Any claims received on or after August 29, 2019 shall not be considered. Claim forms can be obtained from Davis Engineering Service, Inc. (Phone 970-264-5055).
Published August 15 and 22, 2019 in The Pagosa Springs SUN.

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PLANNING COMMISSION HEARING ON August 28, 2019
Kelley Barsanti, KEL-CAM, Inc., of Redlands, CA, represented by Ron Barsanti of Pagosa Springs, has applied for a PUD Development Plan by rezoning Tract B, Replat of Crowley Ranch Reserve Phase 1, at 25550 S. US HWY 84 (to be re-addressed on Ronnie’s Ct.). The property is zoned PUD with no specific plan. The proposed Development Plan will establish standard Agriculture and Commercial uses in conformance with the Archuleta County Land Use Regulations, with modifications. (PLN19-370)
Comments regarding this proposal may be submitted to the 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 August 28, 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 August 15 and 22, 2019 in The Pagosa Springs SUN.

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BOARD OF ADJUSTMENT and BOARD OF COUNTY COMMISSIONERS HEARING ON September 3rd
The Town of Pagosa Springs, represented by James Dickhoff, has applied for the Trujillo Road River Takeout Exemption Plat and Lot Size Variance, to divide part of the SW¼ SE¼ (GLO Lot 29) in S3 T33N R2W NMPM, from a parcel addressed as 11000 County Rd 500, Pagosa Springs, CO (PLN19-373/374), owner of record One In The Spirit LLLP.
Applicants are requesting variance from the minimum 35-acre lot size in the Agricultural/Ranching (AR) zone in Section 3.1.4 of the Archuleta County Land Use Regulations, to be heard by the Board of Adjustment. Applicants are also requesting exemption from subdivision review to create the 1.198 acre lot (with more than 35 acres remaining), under Section 4.9 of the Archuleta County Land Use Regulations, to be heard by the Board of County Commissioners.
Comments may be submitted to the 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 at the Board of County Commissioners meeting on September 3, 2019, at 1:30 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
Published August 15 and 22, 2019 in The Pagosa Springs SUN.

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PUBLIC HEARING
The Town Council for the Town of Pagosa Springs will be holding a public hearing for a new Hotel & Restaurant liquor license application for Bear Venture LLC dba Sushi Fusion located at 180 E Pagosa Street in Pagosa Springs, Colorado. The public hearing will be held on Tuesday, September 3, 2019 at 5:00 p.m. in the Town Council Chambers at Town Hall at 551 Hot Springs Blvd. All people wishing to comment should be present at that meeting or have written comments in the office of the Town Clerk no later than 5:00 p.m. on August 30, 2019.
Published August 15, 2019 in The Pagosa Springs SUN.

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Notice of Annual Meeting 2019
The annual meeting and election of directors for Western Heritage Event Center, Inc. (WHEC), also the organizer and sponsor of the annual Red Ryder Roundup® Rodeo, will be held at 7:00 pm on Thursday, August 22,2019 at the WHEC Building, 344 Hwy 84.
Only registered members of record as of June 22,2019 will be entitled to vote. Proxy votes must be in writing designating the person who is to cast the vote (who must also be a registered member of the corporation) and have the signature of member and date. Proxies must be presented at the beginning of the annual meeting at registration. The maximum number of proxies any individual can represent is five. Current board members are: Diana Talbot, President; Twine Regester, Vice President; Pennie DeClark, Treasurer; Lynn Johnson, Secretary; Keith Jacobson, Brian Keegan, Jess Ketchum, Mike Ray and Lisa Scott, all Directors.
Published August 15 and 22, 2019 in The Pagosa Springs SUN.

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This story was posted on August 15, 2019.