Public Notices 10/11/2018

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 September, 2018, for Archuleta County.
18CW3031 (10CW26, 03CW75, 96CW92, 89CW95). DISTRICT COURT, WATER DIVISION 7, STATE OF COLORADO, 1060 East Second Ave., Room 106, Durango, Colorado 81301. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE SAN JUAN RIVER RANCH ASSOCIATION, INC. IN ARCHULETA COUNTY. APPLICATION TO MAKE PORTION OF WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, and telephone number of Applicant: San Juan River Ranch Association, Inc. (formerly San Juan River Ranch Property Owners Association) c/o David Nordstrom, President, P.O. Box 1227, Pagosa Springs, CO, 81147, (720) 406-3940, ken@kenvickerstaff.com, Direct all pleadings to: Steve Bushong,
Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302.
2. Name of Structure: O’Bannon Ditch. 3. Description of conditional water right: A. Original Decree: Case No. 89CW95, dated November 30, 1990, District Court, Water Division 7. B.Subsequent Diligence Decrees: Decrees making findings of reasonable diligence and regarding the absolute status of the subject water right were entered in Case No. 96CW92, dated July 8, 1997, Case No. 03CW75, dated March 25, 2004, and Case No. 10CW26, dated September 28, 2012. C. Legal Description: On the south bank of the San Juan River, whence the West ¼ corner of Section 13, T. 36 N., R. 1 W., N.M. P.M., bears North 16° 19’ West, 999.6 feet. D. Source: San Juan River. E. Appropriation Date: September 24, 1986. F. Amount: 5.0 cfs, was originally decreed conditional for domestic, irrigation, fire protection, commercial, retail, livestock watering, industrial, municipal, recreation, piscatorial uses, and augmentation purposes, of which 3.0 cfs has been made absolute, for recreation, piscatorial, and livestock watering and all remaining amounts and uses are conditional; G. Uses: Domestic, irrigation, fire protection, commercial, retail, livestock watering, industrial, municipal, recreation, piscatorial uses, and augmentation purposes. 4. Other Relevant Decrees: By decree entered in Case No. 73-308(D), by the District Court in and for Archuleta County, dated December 19, 1968, the O’Bannon Ditch was decreed 5.0 cfs for irrigation and domestic purposes with an appropriation date of June 1, 1942 (“Senior O’Bannon Ditch Right”), with the same point of diversion described above at paragraph 3.C. Applicant owns 2.67 cfs of the Senior O’Bannon Ditch Right, of which 0.22 cfs was changed to the SJRR Well #1 by decree entered in Case No. 03CW33. The remaining 2.45 cfs of the Senior O’Bannon Ditch Right is still diverted at the O’Bannon Ditch. The O’Bannon Ditch is also the filling structure for the Turkey Creek Ranch Reservoir Nos. 1 and 2 (“Reservoirs”), which were adjudicated by decree entered in Case No. 88CW16, by the District Court in and for Water Division No. 7, dated December 9, 1988. 5. Claim to Make Portion of Water Right Absolute: During the subject diligence period, there were numerous periods where the O’Bannon Ditch diverted its full decreed amount and applied it to beneficial use for recreation, piscatorial, and livestock watering. At its maximum, the O’Bannon Ditch diverted 8.18 cfs from July 18, 2017, to July 26, 2017. Consistent with the holding of this Court in Case No. 10CW26, after subtracting the 2.45 cfs diverted for the O’Bannon Senior Ditch Right discussed in Paragraph 4 above, Applicant diverted the entire 5.0 cfs of its conditional O’Bannon Ditch water right and is thus entitled to a decree making it absolute for the remaining 2.0 cfs for recreation, piscatorial, and livestock watering purposes. Diversion records for the diligence period between October 2012 and October 2017 are attached hereto as Exhibit A. Diversion records for 2018 were not yet available from the Colorado Decision Support System at the time of filing this application. 6. Detailed outline of work done to complete the project and apply water to beneficial use: With respect to any conditional uses of the water right described in paragraph3 that are not made absolute at this time, Applicant seeks to retain the conditional status thereof by demonstrating its reasonable diligence. As confirmed in the decree in Case No. 10CW64, Applicant’s various water rights and related infrastructure are part of an integrated water supply system for the development of the San Juan River Ranch. The O’Bannon Ditch is an integral part of that system. As such work done on any component of the system advances the whole. Evidence of the Applicant’s diligence activities includes, but is not limited to, the following:
• Approximately $8,700 spent on ditch maintenance work, including, but not limited to: removing trees, branches, and bushes throughout the water system; routine maintenances on the O’Bannon Ditch headgate; and hiring a contractor to repair the irrigation system;
• Approximately $8,100 spent on stocking the lakes located on San Juan River Ranch property, which involves routine maintenance to clean up the fishing areas, removing overgrown algae, providing fish food, and fish stocking;
• Approximately $21,400 spent on water system management services and another $28,250 spent on the San Juan River Ranch ditch operator who manages the flow rates and clears brush and debris from the water infrastructure;
• Utilities spent to operate and maintain the water system totaled approximately $29,600 on services such as propane, cleaning of the common areas, and electricity and wireless communication services; and
• An additional home was constructed on one of the lots within San Juan River Ranch, and another home completed a major addition. Both constructions involved significant
landscaping additions and thus greatly increased the demand for irrigation water supplied by San Juan River Ranch. 7. Ownership: Although the O’Bannon Ditch is neither a new or modified structure, it is noted that all structures referenced herein are located on land owned by Applicant, except for the existing headgate and a portion of the O’Bannon Ditch which are located on land owned by Ken Zeiler, P.O. Box 2466, Pagosa Springs, CO 81147. WHEREFORE, Applicant seeks a decree of the court ruling that (A) the conditional water rights for the O’Bannon Ditch were made absolute for 5.0 cfs for recreation, piscatorial, and livestock watering purposes as described in paragraph 5; (B) that Applicant has exercised reasonable diligence with respect to any conditional uses of the water right described in paragraph 3 above that are not made absolute herein, and continuing the conditional status of said rights; and (C) such other and further relief as this Court deems just and proper. (5 pages + Exhibit A)
18CW3033 (10CW64, 03CW33). DISTRICT COURT, WATER DIVISION 7, STATE OF COLORADO, 1060 East Second Ave., Room 106, Durango, Colorado 81301, (970) 385-6181. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE SAN JUAN RIVER RANCH ASSOCIATION, INC., IN ARCHULETA COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, and telephone number of Applicant: San Juan River Ranch Association, Inc. (formerly San Juan River Ranch Property Owners Association), c/o David Nordstrom, President, P.O. Box 1227, Pagosa Springs, CO 81147, (720) 406-3940, ken@kenvickerstaff.com. Direct all pleadings to: Steve Bushong, Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Names of Structures: A. Nordstrom Pond, B. SJRR Well #1. 3. Description of conditional water rights: A. Nordstrom Pond: i. Original Decree: Case No. 03CW33, District Court in and for Water Division No. 7, dated September 15, 2004., ii. Subsequent Diligence Decree: A decree making a finding of reasonable diligence regarding this water right was entered in Case No. 10CW64 dated September 27, 2012., iii. Legal Description: Nordstrom Pond is located in Section 24, T. 36 N., R. 1 W., at a point approximately 2,326 feet South of the North Line of said Section 24 and 402 feet East of the West Line of said Section 24., iv. Source: Nordstrom Pond is an on-stream reservoir that captures and stores natural runoff from Coal Mine Draw, tributary to the San Juan River., v. Appropriation Date: October 2002., vi. Amount: 2 acre-feet, conditional., vii. Uses: Piscatorial, recreation, and maintenance of the water level in Nordstrom Pond and its related water features for the enjoyment of the lot owner. Nordstrom Pond was decreed to allow related water features, which included a modified stream channel with pools and drop structures. When said stream channel is not naturally flowing with water, a pump may be used to circulate water from the Pond through the channel., viii. Reservoir Data: a. Surface Area of High Water Line: 0.25 surface acres., b. Maximum Height of Dam: 9.0 feet., c. Length of Dam: 100 feet., d. Total Capacity of Reservoir: 2.0 acre-feet., B. SJRR Well #1: i. Original Decree: Case No. 03CW33, District Court in and for Water Division No. 7, dated September 15, 2004., ii. Subsequent Diligence Decree: A decree making a portion of the SJRR Well #1 absolute and making a finding of reasonable diligence regarding this water right was entered in Case No. 10CW64 dated September 27, 2012., iii. Legal Description: SJRR Well #1 is a culvert well located at the SE1/4 SE1/4, Section 14, T. 36 N., R. 1 W., N.M. P.M., at a point approximately 350 feet from South section line and 1,075 feet from East section line., iv. Source: groundwater tributary to the San Juan River., v. Appropriation Date: August 5, 2002., vi. Amount: 0.22 cfs (100gpm) of which 0.03 cfs (15 gpm) is now absolute for all decreed uses and ; 0.19 cfs (85 gpm) remains conditional., vii. Uses: Domestic, irrigation, and livestock uses (including horses). The SJRR Well #1 may also be used to supplement flows through the Nordstrom Pond and the Vickerstaff Pond (another pond decreed in 03CW33 and now absolute) and related water features and replace evaporation, wherein the water will be put to the beneficial uses described above. Irrigation will occur on the lots located within the San Juan River Ranch and identified in Exhibit A attached hereto. C. Remarks: The Nordstrom Pond and SJRR Well #1 are the subject of an augmentation plan and a change of water rights to the SJRR Well #1, as more specifically described in the decree in Case No. 03CW33. 4. Detailed outline of work done to complete the project and apply water to beneficial use: With respect to the conditional water rights described in paragraphs 3, Applicant seeks to retain the conditional status thereof by demonstrating its reasonable diligence. As confirmed in the decree in Case No. 10CW64, Applicant’s various water rights and related infrastructure are part of an integrated water supply system for the development of the San Juan River Ranch. The Nordstrom Pond and SJRR Well #1 are an integral part of that system. As such work done on any component of the system advances the whole. Evidence of the Applicant’s diligence activities includes, but is not limited to, the following:
• Approximately $8,700 spent on ditch maintenance work, including, but not limited to: removing trees, branches, and bushes throughout the water system; routine maintenances on the O’Bannon Ditch headgate; and hiring a contractor to repair the irrigation system;
• Approximately $8,100 spent on stocking the lakes located on San Juan River Ranch property, which involves routine maintenance to clean up the fishing areas, removing overgrown algae, providing fish food, and fish stocking;
• Approximately $21,400 spent on water system management services and another $28,250 spent on the San Juan River Ranch ditch operator who manages the flow rates and clears brush and debris from the water infrastructure;
• Utilities spent to operate and maintain the water system totaled approximately $29,600 on services such as propane, cleaning of the common areas, and electricity and wireless communication services; and
• An additional home was constructed on one of the lots within San Juan River Ranch, and another home completed a major addition. Both constructions involved significant landscaping additions and thus greatly increased the demand for irrigation water supplied by San Juan River Ranch.
5. Ownership: The Nordstrom Pond and SJRR Well #1 are located on land owned by Applicant or the individual lot owners represented thereby. WHEREFORE, Applicant seeks a decree of the court ruling that Applicant has exercised reasonable diligence with respect to the conditional water rights described in paragraphs 3 above and continuing the conditional status of said water rights for all decreed purposes and such other and further relief as this Court deems just and proper. (5 pages + 1 Exhibit)
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 November, 2018, 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: $158.00; 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 October 31, 2018 /s/Danene M. Etz
Danene M. Etz, Water Court Specialist
Published October 11, 2018 in The Pagosa Springs SUN.

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PUBLIC NOTICE
NOTICE OF LIEN SALE PURSUANT
TO STORAGE LIEN
Notice is given that, pursuant to Colorado Revised Statutes Sections 38-21.5-101, et seq. (2014), a public sale will be held on October 19th  at 10:00 a.m. at 357 Park Ave, Pagosa Springs, Colorado. A list of the unit where property is stored, address of storage, name of occupant, last known address and a brief description of the contents follows. If no market value or if no bids are received the goods will be otherwise disposed of.
#01-40 – 357 Park Ave, Pagosa Springs, Colorado – Jesse Gheen, 53 Gila Drive, Pagosa Springs, CO 81147 –Tools, tires, various totes and appliances.
#41—357 Park Ave, Pagosa Springs, Colorado—Cynthia Leewitt, 18 Dayspring Place, Pagosa Springs, CO 81147—Furniture, mattress, various boxes and luggage
Published October 11 and 18, 2018 in The Pagosa Springs SUN.

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The Archuleta County Board of County Commissioners is seeking two volunteers for a three term to serve on the Archuleta County Airport Advisory Commission. Applicants interested in more details please visit www.archuletacounty.org under calendar news.
Published October 11 and 18, 2018 in The Pagosa Springs SUN.

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This story was posted on October 12, 2018.