Public Notices 091919

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 August, 2019, for Archuleta County.
19CW13 Dale Watson, 30301 US Highway 160, Bayfield, CO 81122: All structures: Little Beaver Creek; Archuleta County; Springs tributary to Beaver Creek; Date of appropriation, 12/98; Appropriation was initiated by purchasing ranch using water for stock; Date water applied to beneficial use, 12/98; Absolute 5 gpm; Stock – 5 gpm for each spring; Watson Ranch Stock Spring 1; Easting 282470, Northing 4130103; NE1/4NE1/4, Section 19, T35N, R5W, NMPM; 619 feet from North, 522 feet from East; Watson Ranch Stock Spring 2; Easting 282736, Northing 4129786; SE1/4NW1/4, Section 19, T35N, R5W, NMPM; 1674 feet from North, 2512 feet from West; Watson Ranch Stock Spring 3; Easting 281336, Northing 4129243; NW1/4SW1/4, Section 19, T35N, R5W, NMPM; 1729 feet from South, 1246 feet from West; Watson Ranch Stock Spring 4; Easting 281284, Northing 4129055; SW1/4SW1/4, Section 19, T35N, R5W, NMPM; 1110 feet from South, 1090 feet from West; Watson Ranch Stock Spring 5; Easting 281276, Northing 4128806; SW1/4SW1/4, Section 19, T35N, R5W, NMPM; 294 feet from South, 1086 feet from West; Watson Ranch Stock Spring 6; Easting 282045, Northing 4128228; NE1/4SW1/4, Section 30, T35N, R5W, NMPM; 1574 feet from North, 1797 feet from East. Application for Absolute Water Rights (Surface) (18 pages)
19CW14 Robert Hemenger, PO Box 2136, Pagosa Springs, CO 81147: Blanco River Bounty; Rio Blanco River; Archuleta County; Easting 4113556, Northing 325652; SW1/4SW1/4, Section 28, T34N, R1W, NMPM; 1172 feet from South, 967 feet from West; Rio Blanco River; Date of appropriation, 7/24/19; Appropriation was initiated by completing water right application; Date water applied to beneficial use, 5/1/19; Absolute 0.2 cfs; Irrigation, fire suppression and stock water; Number of acres historically irrigated, 5. Application for Absolute Water Rights (Surface) (6 pages)
19CW15 Daniel Foster, 6252A Highway 84, Pagosa Springs, CO 81147: Rito Blanco River; Archuleta County; Stink Weed Waste Water; Date of original decree, 9/19/13; Case no., 13CW5; NE1/4SE1/4, Section 9, T34N, R1W, NMPM, being 1577 feet from the south section line and 623 feet from the east section line of said Section 9. GPS Location, Northing 4118434, Easting 326805; Zone 13N; Wastewater diverted from Rito Blanco, tributary to San Juan River; Appropriation date, 3/1/13; 0.4 cfs; Irrigation of 19 acres and stockwater; Date water applied to beneficial use, 4/1/17; 0.4 cfs; Irrigation and stock; Work towards completion of project outlined in application. Application to Make Absolute in Whole or in Part (7 pages)
19CW3025 ARCHULETA COUNTY, WATER DIVISION 7: Application to Make Conditional Water Rights Absolute or for Finding of Reasonable Diligence. Applicant: ATAH II, LLC. Please forward all pleadings and correspondence to Applicant’s counsel: William H. Caile, Esq. and Tarn Udall, Esq., Holland & Hart LLP, 555 17th Street, Suite 3200, Denver CO 80202; telephone: (303) 295-8403, email: whcaile@hollandhart.com. 1. Name, Address, Telephone Number and E-Mail Address of Applicant: ATAH II, LLC c/o Peregrine Financial Corp., 84 State Street, Boston MA 02109, tak@pfchq.com. Name of Structures: Gramps Ditch and Gramps Ponds. 3. Previous Decree: Case No. 09CW62, Water Division 7, decree dated August 9, 2013. 4. Description – Gramps Ditch: a. Legal Description: The point of diversion for Gramps Ditch is the NE1/4 of the SW1/4 of Section 24, Township 33N, Range 2E, N.M.P.M., on the east bank of Headache Creek, being 1,526 feet from the south section line and 2,852 feet from the east section line. After flowing through the Gramps Ditch and the three interconnected ponds located on the ditch known as Gramps Ponds, as more particularly described herein, such portion of flows diverted into the Gramps Ditch and not consumed for the beneficial purposes set forth in paragraph 7, below, are returned to the Navajo River at a point in the NE 1/4 of the SW 1/4 of Township 33N, Range 2E, Section 24 at 349638°18’19.15”E and 4105309°18’8.75”N. Exhibit A on file with the Court is a map showing the point of diversion and point of return. b. Source: Headache Creek, tributary to the Navajo River. c. Appropriation Date: December 31, 2001. d. Amount: 4.0 cfs. In Case No. 09CW62, Water Division 7, this direct flow water right was decreed absolute for piscatorial, fish habitat, wetlands establishment and maintenance, fire prevention and extinguishment purposes, and decreed conditional for power and stock raising purposes. e. Uses: Piscatorial, fish habitat, wetlands establishment and maintenance, fire prevention and extinguishment, power, and stock raising, directly and for storage in Gramps Ponds for subsequent use, including the right to divert to provide a continuous flow of water for such purposes. 5. Description – Gramps Ponds: a. Remarks: Gramps Ponds are three interconnected ponds located along the Gramps Ditch that have been created through construction of a single dam located on the lowest of the three interconnected ponds, which is equipped with an outlet structure to allow for water to continuously flow through this series of ponds. b. Legal Description: The outlet of the Gramps Ponds is located in the NW1/4 of the SW1/4 of Section 24, Township 33N, Range 2E, N.M.P.M, being 2,166 feet from the north section line and 1,479 feet from the west section line of said Section 24. See Exhibit A on file with the Court. c. Name and Capacity of Source Used to fill Reservoir: Gramps Ponds are filled from Gramps Ditch, described above, which ditch diverts from Headache Creek, tributary to the Navajo River, as described herein. d. Appropriation Date: December 31, 2001 e. Amount, Surface Area, and Capacity: Amount: 9.43 acre-feet, absolute for piscatorial, fish habitat, wetlands establishment and maintenance, fire prevention and extinguishment purposes and conditional for power and stock raising purposes. Surface Area: 1.85 acres. Capacity: 9.43 acre-feet at the ordinary high-water mark. f. Uses: Storage for piscatorial, fish habitat, wetlands establishment and maintenance, fire prevention and extinguishment, power, and stock raising. 6. Claim to Make Conditional Water Right Absolute – Gramps Ditch: a. In Case No. 09CW62, by decree dated August 9, 2013, the Gramps Ditch water right was adjudicated as a conditional water right for power and stock raising purposes, and decreed absolute for piscatorial, fish habitat, wetlands establishment and maintenance, fire prevention and extinguishment purposes. b. At various times during the ensuing six years, including on or about the months of May through September of each year, stock (horses owned by the Applicant) have watered from the Gramps Ditch. c. During July and August of 2019, Applicant purchased and installed a low-head micro hydroelectric generator in the Gramps Ditch. The unit was operational and generating power on or before August 21, 2019, and has been used to supply power to two greenhouses located on Applicant’s property. d. Upon information and belief, there has never been a call against the Gramps Ditch on Headache Creek, and the Gramps Ditch was therefore diverting in priority at that times that water was placed to beneficial uses as described above. Diversion summaries are on file with the Court as Exhibit B. Accordingly, Applicant requests that the Gramps Ditch be made absolute in the amount of 4.0 cfs for power, stock raising and all decreed uses. 7. Claim to Make Conditional Water Right Absolute – Gramps Ponds: a. In Case No. 09CW62, by decree dated August 9, 2013, the Gramps Ponds were decreed absolute for piscatorial, fish habitat, wetlands establishment and maintenance, fire prevention and extinguishment purposes, and conditional for power and stock raising purposes. b. Since that time, the Gramps Ponds have been filled to capacity on numerous occasions, including on July 22, 2018. Upon information and belief, there has never been a call against the Gramps Ponds on Headache Creek, and the Gramps Ponds were therefore filled in priority and water was placed to beneficial uses as described above. See Exhibit B. Pursuant to C.R.S. § 37-92-301(4)(e), Applicant requests that the Gramps Ponds be made absolute in the full amount of 9.43 acre feet for all decreed uses. 8. Claim for Finding of Reasonable Diligence: a. In the event that any portion of the conditional water rights for Gramps Ditch and Gramps Ponds are not confirmed and adjudicated as absolute in this proceeding, Applicant requests a finding of reasonable diligence for such remaining conditional portions. b. The Application on file with the Court contains a detailed outline of work and activities performed towards development of the subject conditional water rights, completion of the appropriations and application of water to beneficial use. The list is not intended to be exhaustive, and Applicant reserves the right to supplement this list, or provide additional evidence of diligence, as necessary or appropriate. 9. Name and address of owners of land where structures are or will be located or upon which water is or will be stored: Applicant. (15 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 October, 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 September 30, 2019 /s/Danene M. Etz
Danene M. Etz, Water Court Specialist
Published September 19, 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:
BOB RAU
31722 HIGHWAY 550 ,TRLR # 40
DURANGO, CO 81301-7185
You and each of you are hereby notified that on the 3rd day of November 2011, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
MOUNTAIN MANNA, LLC
the following described property situate in the County of Archuleta, State of Colorado, to-wit:
LOT 95 IN PAGOSA VISTA, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 13, 1971 AS RECEPTION NO. 74884
Account Number: R009733
Schedule Number: 569919308032
Tax Sale Certificate Number: 2011-02091
and said County Treasurer issued a certificate of purchase therefore to MOUNTAIN MANNA, LLC
That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2010
That said real estate was taxed or specially assessed in the name(s) of BOB RAU for said year 2010.
That said MOUNTAIN MANNA, LLC on the 22nd day of August 2019, 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 MOUNTAIN MANNA, LLC
On the 5th day of February 2020, 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 9th day of September 2019
/s/ Elsa P White
Elsa P White, Treasurer of Archuleta County, Colorado
Published September 19, 26 and October 3, 2019 in The Pagosa Springs SUN.

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This story was posted on September 19, 2019.