Widgetized Section

Go to Admin » Appearance » Widgets » and move Gabfire Widget: Social into that MastheadOverlay zone

Public Notices 11/14/13

COMBINED NOTICE – RESTART – PUBLICATION

CRS §38-38-109(2)(b)(II) FORECLOSURE 

SALE NO. 2013-001

Republished to restart foreclosure stayed by bankruptcy and reset sale date.

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On September 12, 2013, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Plumb Line Development, LLC

Original Beneficiary(ies) Wells Fargo Bank, National Association

Current Holder of Evidence of Debt Wells Fargo Bank, National Association

Date of Deed of Trust November 03, 2005

County of Recording Archuleta

Recording Date of Deed of Trust November 04, 2005

Recording Information (Reception Number) 20511891

Original Principal Amount $225,000.00

Outstanding Principal Balance $139,807.31

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

Tract C in LAKE HATCHER PARK, according to the Nat thereof filed for record November 5, 1973 as Reception No. 78738, County of Archuleta, State of Colorado

Together with: (b) all easements, rights-of-way and rights used in connection with or as a means of access to any portion of said real property; (c) all tenements, hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land adjacent to or used in connection with said real property; (e) all buildings, improvements and landscaping now or hereafter erected or located on said real property; (f) all development rights, governmental or quasi-governmental licenses, permits or approvals, zoning rights and other similar rights or interest which relate to the development, use or operation of, or that benefit or are appurtenant to, said real property; (g) all mineral rights, oil and gas rights, air rights, water or water rights, including without limitation, all wells, canals, ditches and reservoirs of any nature and all rights thereto, appurtenant to or associated with said real property, whether decreed or undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may hereafter acquire in said real property and all additions and accretions thereto, and all awards or payments made for the taking of all or any portion of said real property by eminent domain or any proceeding or purchase in lieu thereof, or any damage to any portion of said real property (collectively, the “Subject Property”).

Also known by street and number as: 7301 North Pagosa Blvd, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 01/09/2014, at 449 San Juan St, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 11/14/2013

Last Publication 12/12/2013

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 09/12/2013

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Timothy F Brewer, PC 10 Boulder Crescent suite 200, Colorado Springs, CO 80903 (719) 477-0225

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File #

©Public Trustees’ Association of Colorado Revised 9/2012

Published November 14, 21, 28, December 5 and 12, 2013 in The Pagosa Springs SUN.

___________________

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-043

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On September 12, 2013, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Phillip John Grubbs, IV and Emily D. K. Grubbs

Original Beneficiary(ies) Rio Grande Savings and Loan

Current Holder of Evidence of Debt Rio Grande Savings and Loan

Date of Deed of Trust August 16, 2007

County of Recording Archuleta

Recording Date of Deed of Trust August 16, 2007

Recording Information (Reception Number) 20707240

Original Principal Amount $119,920.00

Outstanding Principal Balance $117,515.98

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

Lots 485, 486, 487, Pagosa Vista, according to the plat thereof filed September 13, 1971, as Reception No. 74884, in the office of the Clerk and Recorder, Archuleta County, Colorado

Also known by street and number as: 194 Paradise Dr, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 01/09/2014, at 449 San Juan St, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 11/14/2013

Last Publication 12/12/2013

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 09/12/2013

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Benjamin F. Gibbons, P.C. 800 First Avenue, Monte Vista, CO 81144 (719) 852-4731

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File # R3544T

©Public Trustees’ Association of Colorado Revised 9/2012

Published November 14, 21, 28, December 5 and 12, 2013 in The Pagosa Springs SUN.

_______________________

NOTICE TO CREDITORS

Estate of WILLIAM J. HALLETT, Deceased

Case No. 13 PR 30025

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 March 21, 2014, or the claims may be forever barred.

Jerry F. Venn

PO Box 246

Pagosa Springs, CO 81147

Published November 14, 21 and 28, 2013 in The Pagosa Springs SUN.

_____________________

NOTICE TO CREDITORS

Estate of REYNALDO PEDRO SANCHEZ aka REYNALDO P SANCHEZ, Deceased

Case No. 13 PR 30029

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 March 21, 2014, or the claims may be forever barred.

Jerry F. Venn

PO Box 246

Pagosa Springs, CO 81147

Published November 14, 21 and 28, 2013 in The Pagosa Springs SUN.

____________________

NOTICE OF PURCHASE OF REAL ESTATE 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

Jophie Arnold Segura Christina Clorinda Segura Ben Lois Segura Katrina Inna Segura

You and each of you are hereby notified that on the 5th day of November 2009, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

John S. Barborinas

the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:

Lot 17, Block 55, Town of Pagosa Springs, Colorado, according to the plat thereof filed September 13, 1971 as Reception No. 74885, in the office of the Clerk and Recorder, Archuleta County, Colorado. LESS AND EXCEPT That portion of Lot 17 Block 55 deeded to Archuleta County in Quit Claim Deed recorded at Book 90 Page 515, in that office of the Clerk and Recorder, Archuleta County, Colorado.

Schedule number #569924207004 R011773

TSC #2009-00055 

and said County Treasurer issued a certificate of purchase therefore to John S. Barborinas

That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2008

That said real estate was taxed or specially assessed in the name(s) Jophie Arnold Segura Christina Clorinda Segura Ben Lois Segura Katrina Inna Segura for said year 2008.

That said John S. Barborinas on the 20th day of September, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;

That a Treasurer’s Deed will be issued for said real estate John S. Barborinas

At 8:00 o’clock AM, on the 22nd Day of January 2014, 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 20th day of September, A.D. 2013.

/s/ Betty A. Diller

Betty A. Diller, Archuleta County Treasurer

Published November 14, 21 and 28, 2013 in The Pagosa Springs SUN.

______________________

FOR BOARD OF COUNTY COMMISSIONERS HEARING ON December 3, 2013

SUHA Investments LLC requests approval for a Conditional Use Permit application to allow for a residential area comprising of approximately 1300 sq. ft. to be added as a remodeled space in an existing commercial building currently being used for offices and storage units. The property is approximately .84 acre located at 543 Park Ave. Pagosa Springs, Co in Archuleta County.

Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to svick@archuletacounty.org prior to the public hearing by the Archuleta Board of County Commission on December 3, 2013 at 1:30 p.m. in the County Courthouse, 449 San Juan Street, Pagosa Springs. Public comments will be taken at the meeting.

Published November 14 and 21, 2013 in The Pagosa Springs SUN.

____________________

FIRST READING

The first reading of Ordinance No. 798 (Series 2013) was completed at the Pagosa Springs Town Council Meeting held on November 5, 2013 at 5:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 798, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS AMENDING THE FINE, SURCHARGE, AND POINT SCHEDULE FOR TRAFFIC VIOLATIONS WITH RESPECT TO THE SNOW ROUTE REGULATIONS. Violation of this Ordinance is subject to enforcement and punishment pursuant to Article 3, Chapter 1 of the Pagosa Springs Municipal Code, including Section 1.3.3. providing for a fine not to exceed $1,000, or incarceration for not to exceed 1 year, or both. The full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Published November 14, 2013 in The Pagosa Springs SUN.

____________________

District Court, Archuleta County, State of Colorado

Court Address: PO Box 148, 449 San Juan St.

Pagosa Springs, CO 81147

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, LLC

Plaintiff,

vs.

DAVID MICHAEL FUNK and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendants.

Attorney for Plaintiff(s):

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Phone Number: (970) 426-8424

Email: vanwinkledb@gmail.com Atty. Reg. #: 41195

Case Number: 13CV030044

SUMMONS BY PUBLICATION

THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:

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 thirty five(35) days after the date 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 thirty five (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 judicial foreclosure to:

Unit Number 7319, Building Number 2C, Unit Week Number 06, in Masters Place Condominiums Phase 1, as Reception No. 161539, and the Declaration for the Condominium for Masters Place Condominiums recorded under Reception Number 161911 and amendments and supplements thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Dated this 31 day of October, 2013.

/s/ D. Brett Van Winkle

D. Brett Van Winkle

Published November 14, 21, 28, December 5 and 12, 2013 in The Pagosa Springs SUN.

_____________________

District Court, Archuleta County, State of Colorado

Court Address: PO Box 148, 449 San Juan St.

Pagosa Springs, CO 81147

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, LLC

Plaintiff,

vs.

DAVID MICHAEL FUNK and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendants.

Attorney for Plaintiff(s):

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Phone Number: (970) 426-8424

Email: vanwinkledb@gmail.com Atty. Reg. #: 41195

Case Number: 13CV030046

SUMMONS BY PUBLICATION

THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:

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 thirty five(35) days after the date 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 thirty five (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 judicial foreclosure to:

Unit Number 7303, Building Number 1C, Unit Week Number 20, in Masters Place Condominiums Phase Two, as recorded under Reception No. 177633, and the Declaration for the Condominium for Masters Place Condominiums recorded under Reception Number 161911 and amendments and supplements thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Dated this 31 day of October, 2013.

/s/ D. Brett Van Winkle

D. Brett Van Winkle

Published November 14, 21, 28, December 5 and 12, 2013 in The Pagosa Springs SUN.

____________________

District Court, Archuleta County, State of Colorado

Court Address: PO Box 148, 449 San Juan St.

Pagosa Springs, CO 81147

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, LLC

Plaintiff,

vs.

INTERVAL WEEKS INVENTORY, LLC an Indiana Limited Liability Company and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendants.

Attorney for Plaintiff(s):

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Phone Number: (970) 426-8424

Email: vanwinkledb@gmail.com Atty. Reg. #: 41195

Case Number: 13CV030055

SUMMONS BY PUBLICATION

THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:

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 thirty five(35) days after the date 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 thirty five (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 judicial foreclosure to:

Unit Number 7312, Building Number 02, Unit Week Number 25, in Masters Place Condominiums Phase One, as Reception No. 161539, and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 161911 and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Dated this 29th day of October, 2013.

/s/ D. Brett Van Winkle

D. Brett Van Winkle

Published November 14, 21, 28, December 5 and 12, 2013 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 a resume of all water right applications filed in the Office of the Water Clerk during the month of October 2013, for Archuleta County.

13CW32 Marilyn Krings, PO Box 1381, Pagosa Springs, CO 81147: Krings Springs; Archuleta County; San Juan River; Northing 4104293, Easting 314633; NE1/4NE1/4, Section 32, T33N, R2W, NMPM; 252 feet from North, 704 feet from East; San Juan River; Date of appropriation, 10/25/13; Appropriation was initiated by purchasing and using pump for irrigation; Irrigation of yard, garden, fire protection; .01 cfs Absolute. Application for Absolute Water Rights (Surface) (6 pages)

13CW3022 CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: BFM Holdings, LLC, by counsel Nancy Agro, 700 Main Avenue, Suite K, Durango, CO 81301 (970) 422-2024. New Surface Right: BFM Pump Site, Legal Description of point of diversion: 13S 0324130 4127752, Distance from Section Lines (PLSS): 1344’ from South, 148’ from West, Amount claimed: 0.20 c.f.s., absolute, Source: San Juan River, Date of appropriation: August 4, 2013, Uses: Irrigation of six acres and for filling and re-filling of the Joe Hersch Reservoir for fish, stock, fire protection and irrigation. New Surface Right: BFM Alternate Point No. 1, Legal Description of point of diversion: 13S 0324106 4127738, Distance from Section Lines (PLSS): 1296’ from South 69’ from West, Amount claimed: 0.20 c.f.s., absolute, Source: San Juan River, Date of appropriation: August 4, 2013, Uses: Irrigation of 7.93 acres and for filling and re-filling of the Joe Hersch Reservoir for fish, stock, fire protection and irrigation. New Surface Right: BFM Alternate Point No. 2, Legal Description of point of diversion: 13S 0323972 4127716, Distance from Section Lines (PLSS): 1132’ from South, 371’ from West, Amount claimed: 0.20 c.f.s., absolute, Source: San Juan River, Date of appropriation: August 4, 2013, Uses: Irrigation of 7.93 acres and for filling and re-filling of the Joe Hersch Reservoir for fish, stock, fire protection and irrigation. New Storage Right: Joe Hersch Reservoir, Legal description of location of reservoir: (inlet) 13S 0324068 4127648, Source: BFM Pump Site, BFM AP #1, and BFM AP #2, Date of initiation of appropriation: June 1, 1957, Amount of water claimed in acre feet: 1.76 AF Absolute, Use: filling of Joe Hersch Reservoir for irrigation of 7.93 acres as described above, stock, fish and fire protection. Additional Information: Joe Hersch Reservoir was decreed in Case Number CA0308-D for stock water and fish raising. With this application Applicant proposes to add irrigation and fire protection as uses for the storage water as well as to add the above three points of diversion as additional and/or substitute sources of water for filling the reservoir. (5 pages)

13CW3023 (06CW27). IN ARCHULETA COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE SAN JUAN RIVER RANCH ASSOCIATION, INC., IN ARCHULETA COUNTY, COLORADO, DISTRICT COURT WATER DIVISION NO. 7, STATE OF COLORADO, 1060 2nd Avenue, Durango, CO 81301. 1. Name and address of applicant. San Juan River Ranch Association, Inc. (“Applicant”) (formerly San Juan River Ranch, LLC) c/o Kenneth L. Vickerstaff, Secretary, P.O. Box 1227, Pagosa Springs, CO 81147 (720) 406-3940 ken@kenvickerstaff.com. Direct all pleadings to: Steven J. Bushong, Porzak Browning & Bushong LLP , 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Name of structures. A. Turkey Creek Ranch Reservoir #1. B. Turkey Creek Ranch Reservoir #2. 3. Description of conditional water rights. A. Original Decree: On December 9, 1988, in Case No. 88CW16, the District Court in and for Water Division No. 7, State of Colorado granted conditional water rights for Turkey Creek Ranch Reservoir #1 and Turkey Creek Ranch Reservoir #2 (collectively referred to herein as the “Reservoirs”) as described below. B. Decreed Location. (i) Turkey Creek Ranch Reservoir #1. In the SE1/4SE1/4 and the SE1/4NE1/4SE1/4 of Section 14, T36N, R1W, N.M.P.M., Archuleta County, Colorado. The outlet of Turkey Creek Ranch Reservoir #1 is located whence the South ¼ corner of Section 14, T36N, R1W, N.M.P.M., bears South 61° 00’ West a distance of 2,339.2 feet. (ii) Turkey Creek Ranch Reservoir #2. In the SE1/4SE1/4 and the SE1/4NE1/4SE1/4 of Section 14, T36N, R1W, N.M.P.M., Archuleta County, Colorado. The outlet of Turkey Creek Ranch Reservoir #2 is located at a point, being on the outlet of Turkey Creek Ranch Reservoir #1, whence the South ¼ corner of Section 14, T36N, R1W, N.M.P.M., bears South 81° 01’ West a distance of 1,568.2 feet. C. Decreed Source. The source for both Reservoirs is the San Juan River. D. Decreed Appropriation Date. The appropriation date for both Reservoirs is August 1, 1987. E. Decreed Amount. (i) Turkey Creek Ranch Reservoir #1. 35 acre-feet Conditional, with the right to refill once each season when water is available in accordance with the Reservoir’s priority. (ii) Turkey Creek Ranch Reservoir #2. 65 acre-feet Conditional, with the right to refill once each season when water is available in accordance with the Reservoir’s priority. F. Decreed Use. The decreed uses of both Reservoirs are recreation, fisheries, municipal and industrial, domestic and augmentation water. G. Previous Decrees Finding Diligence and Making Rights Absolute. In Case No. 98CW74, the District Court in and for Water Division No. 7 (“Water Court”) made a finding of reasonable diligence for the entirety of the Reservoirs’ water rights. In Case No. 06CW27, the Water Court held that 20.74 acre-feet of Turkey Creek Ranch Reservoir #1 and 42.80 acre-feet of Turkey Creek Ranch Reservoir # 2 were absolute for recreational and piscatorial (fisheries) purposes, and that the refill right for each of the Reservoir was absolute in the amount of evaporation loss replacement. The Water Court also made a finding of reasonable diligence in Case No. 06CW27 as to any portion of the Reservoirs’ water rights not made absolute. I. Remarks: As determined by decree in Case No. 06CW27, the Reservoirs were constructed in their decreed locations and filled in priority. A more specific location for the Reservoirs as constructed is provided in the decree in Case No. 06CW27. The Reservoir are filled by the O’Bannon Ditch, the headgate of which is located at a point on the South bank of the San Juan River whence the West quarter corner of Section 13, T36N, R1W, N.M.P.M., bears North 16° 19’ West, 999.6 feet. A map of the San Juan River Ranch development where beneficial use occurs is attached hereto as Exhibit A. 4. Claim to Make Conditional Water Rights Absolute: Pursuant to Senate Bill 13-041, which became effective last month, a “decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure.” In this instance, the amount of water captured, possessed and controlled in the Reservoirs was previously determined by storage capacity charts and water is available in storage for the remaining conditional uses, including use in an augmentation plan decreed in Case No. 03CW33. Accordingly, Applicant requests confirmation that the conditional storage right and refill right in the Reservoirs is absolute for all decreed uses in the amount of 20.74 acre-feet for Turkey Creek Ranch Reservoir #1 and 42.80 acre-feet for Turkey Creek Ranch Reservoir # 2, leaving 14.26 acre-feet for Turkey Creek Ranch Reservoir #1 and 22.20 acre-feet for Turkey Creek Ranch Reservoir #2 of the storage right and refill right conditional for all uses. 5. Detailed Outline of Work Done to Complete Project and Apply Water to Beneficial Use: For any portion of the Reservoirs’ conditional water rights not made absolute, Applicant seeks a finding of reasonable diligence and a finding that such conditional water rights shall continue in full force and effect. The subject water rights along with other water rights and related features are part of an integrated water supply system for the development of Applicant’s ranch. Specific activities that demonstrate diligence toward the application of water to the decreed beneficial uses for the Reservoirs include the following: A. The Reservoirs were stocked with fish, a fire hydrant was installed, and a portable water tank was acquired, all to aid in the use of the water in the Reservoirs. B. An aerator system was installed in the Reservoirs for water quality and other measures were taken to control algae in the Reservoir. C. Four homes have now been completed in Applicant’s development and five lots remain undeveloped. D. Numerous activities associated with Applicant’s development have been undertaken to facilitate its completion, including road improvements and a new bridge. E. Upgrades and improvements have been completed on various aspects of the integrated water supply system, including without limitation, an upgrade to the well with a new filtration system and pump house; gated pipes were added for irrigation; new headgates, a flume and a ditch culvert were installed; and Ditch Bill easements were finalized. F. Applicant perfected other portions of its integrated water supply system in Case Nos. 2010CW26 and 2010CW64, while obtaining findings of reasonable diligence on the rights that were not perfected. G. Applicant continues to rely on the subject water rights and has no intention to abandon them. WHEREFORE, Applicant requests that this Court enter a decree (1) finding that a portion of the conditional water rights decreed to the Reservoirs was made absolute as described above; (2) finding that Applicant exercised reasonable diligence in the development of all remaining portions of the conditional water rights decreed to the Reservoirs not made absolute; and (3) granting such other and further relief as this Court deems just and proper. (6 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 December, 2013, 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 site at www.courts.state.co.us; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)

Published: before November 30, 2013 Original Signature on file

Danene M. Etz, Water Court Specialist

Published November 14, 2013 in The Pagosa Springs SUN.

___________________

This story was posted on November 14, 2013.