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Public Notices 12/12/13

SECOND READING 

The second reading of Ordinance No. 799 (Series 2013) was completed at the Pagosa Springs Town Council Meeting held on December 3, 2013 at 5:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 799, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS, AMEDING PORTIONS OF CHAPTER 21 OF THE PAGOSA SPRINGS MUNICIPAL CODE, ARTICLE 6 OF THE LAND USE AND DEVELOPMENT CODE REGARDING REVISED STATE OF COLORADO FLOOD PLAIN REGULATIONS. The ordinance went into effect December 3, 2013 and 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 December 12, 2013 in The Pagosa Springs SUN.

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NOTICE OF BUDGET

(Pursuant to 29-1-109, C.R.S.)

Notice is hereby given that a proposed Budgetary Transfers and Supplemental Budget and Appropriation has been submitted to the Archuleta County Board of County commissioners for the current year of 2013; a copy of such Budgetary Transfers and Supplemental Budget and Appropriation has been filed in the office of Archuleta County Clerk & Recorder, where the same is open for public inspections; such proposed Budgetary Transfers and Supplemental Budget and Appropriation will be considered at a Regular meeting of the Archuleta County Board of County Commissioners to be held at the Archuleta County Courthouse, 449 San Juan Street, P.O. Box 1507, Pagosa Springs, CO 81147 on Tuesday, December 17, 2013 at 1:30 p.m. Any interested elector of Archuleta County may inspect the proposed Budgetary Transfers and Supplemental Budget and Appropriation and file or register any objections thereto at any time prior to the final adoption of the Budgetary Transfers and Supplemental Budget and Appropriation. Published Dec. 12, 2013

Published December 12, 2013 in The Pagosa Springs SUN.

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The Town of Pagosa Springs is soliciting proposals for Branding and Creative Development Services for Pagosa Springs, Colorado. A Request for Proposal and scope of work may be obtained at Town Hall at 551 Hot Springs Blvd or online at www.townofpagosasprings.com. Responses must be received by Friday, January 3rd, 2014.

Published December 12, 2013 in The Pagosa Springs SUN.

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The Town of Pagosa Springs is soliciting proposals for 2014 Press & Media Relation Services for Pagosa Springs, Colorado. A Request for Proposal and scope of work may be obtained at Town Hall at 551 Hot Springs Blvd or online at www.townofpagosasprings.com. Responses must be received by Friday, January 3rd, 2014.

Published December 12, 2013 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of JOEY MILTON GARCIA, Deceased

Case No. 13 PR 30022

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 4-18-14, or the claims may be forever barred.

Jerry F. Venn

PO Box 246

Pagosa Springs, CO 81147

Published December 12, 19 and 26, 2013 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of RICHARD S. MOTTRAM a/k/a RICHARD SHANE MOTTRAM, Deceased

Case No. 2013 PR 30036

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 APRIL 14, 2014, or the claims may be forever barred.

KENTON H. KUHLMAN, ATTORNEY FOR THE PERSONAL REPRESENTATIVE

7851 South Elati St., Suite 202

LITTLETON CO 80120

Published December 12, 19 and 26, 2013 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-047

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

On October 10, 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) Richard Shane Mottram

Original Beneficiary(ies) Bank of Colorado

Current Holder of Evidence of Debt Bank of Colorado

Date of Deed of Trust December 14, 2005

County of Recording Archuleta

Recording Date of Deed of Trust December 14, 2005

Recording Information (Reception Number) 20513380

Original Principal Amount $279,300.00

Outstanding Principal Balance $154,192.13

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:

Lot 28, ALPINE LAKES RANCH – ALPINE MEADOWS UNIT #2, according to the map thereof filed for record February 14, 2000 as Reception No. 20001572.

Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described.

Also known by street and number as: 389 Spence Cabin Court, 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, 02/06/2014, 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 12/12/2013

Last Publication 1/9/2014

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: 10/10/2013

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:

R. Thomas Geyer, Esq. #36277

Newbold Chapman & Geyer PC Attorneys at Law, 150 East Ninth Street, Suite 400, Durango, CO 81302-2790 (970) 247-3091

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 # 1063.689

©Public Trustees’ Association of Colorado Revised 9/2012

Published December 12, 19, 26, 2013, January 2 and 9, 2014 in The Pagosa Springs SUN.

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District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P. O. Box 148,

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-2400

Arboris Altae, A Kansas Limited Liability Company

v.

Michael Taylor, Charles Partridge, Archuleta County Public Trustee, Aspen Springs Metropolitan District and all unknown persons who claim any interest in the subject matter of this action,

Defendants.

Attorney for Plaintiffs:

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Telephone No.: (970) 426-8424

Atty. Reg. No.: 41195

Case Number: 13CV030083

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 quiet title to:

Lot 3, Block 15, Aspen Springs Subdivision No. 4, according to the plat thereof filed August 30, 1971, as Reception No. 74785, in the office of the Clerk and Recorder, Archuleta County, Colorado.

DATED this 2nd day of December, 2013.

/s/ D. Brett Van Winkle

D. Brett Van Winkle

Published December 12, 19, 26, 2013, January 2 and 9, 2014 in The Pagosa Springs SUN.

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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.

WESLEY HAWKINS, T. NADINE HAWKINS 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: 13CV030086

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 02, Unit Week Number 42, in Masters Place Condominiums Phase I, 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 2nd day of November, 2013.

/s/ D. Brett Van Winkle

D. Brett Van Winkle

Published December 12, 19, 26, 2013, January 2 and 9, 2014 in The Pagosa Springs SUN.

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DISTRICT COURT, WATER DIVISION 7,

COLORADO

WATER RESUME

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7

Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of November 2013, for Archuleta County and Mineral County.

12CW38 SECOND AMENDED APPLICATION FOR A CONDITIONAL WATER RIGHT, ARCHULETA COUNTY. Applicant: Robert Girardin, P. O. Box 701, Pagosa Springs, CO (970) 264-6078. Direct all correspondence to Amy N.Huff, Colorado Water & Land Law, LLC, 679 E. 2nd Ave., Unit 11B, Durango, CO 81301 (970)764 4372, (1)Structure; Big Flat Ditch (2) Legal; SW1/4 SW1/4 Section 25, Township 36N,Range 1W, NMPM, at a point 760 feet from the South Section line and 450 feet from the West Section line of Said Section 25, UTM Easting 330727 Northing 4132247 (3) Source; Unnamed tributary of the Coal Creek, tributary to the San Juan River (4) Approp.; June 1970 (5) Approp. Initiated; Applicant diverted the native flow of the tributary and used it to irrigate his property (6) Amt.; 2 cfs conditional (7) Use; Irrigation of up to 30 acres on property currently owned by applicant and stock water. (2 pages)

13CW3032 Bootjack Ranch, LLC, 12500 E. Hwy. 160, Pagosa Springs, CO 81147, Telephone: (970) 264-7280. Please send all pleadings and correspondence to Applicants counsel: Wayne F. Forman and John A. Helfrich, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 220, Denver, CO 80202; Phone Number: (303) 223-1100; Fax Number: (303) 223-1111; Email: wforman@bhfs.com, jhelfrich@bhfs.com. APPLICATION FOR SURFACE WATER RIGHT, UNDERGROUND WATER RIGHT, WATER STORAGE RIGHT, CHANGE OF WATER RIGHT AND PLAN FOR AUGMENTATION. (A) New Surface Water Right. (1) Phillipps Ditch – Oxbow Enlargement: (a) Legal Description: The headgate of the Phillipps Ditch is located on the west bank of the West Fork at a point 1,200 feet southwest from the center of Section 29, in the SE¼ of the NE ¼ of the SW ¼ of Section 29, Township 37 North, Range 1 East, N.M.P.M., Mineral County, Colorado. See Figure 1. (b) Source: West Fork of San Juan River (“West Fork”). (c) Appropriation Date: November 27, 2013. (i) How initiated: Developing engineering plans for Oxbow Lake and Oxbow Augmentation Pond and filing this application. (ii) Date Water Applied to Beneficial Use: N/A, conditional appropriation. (d) Amount: 4.0 c.f.s., CONDITIONAL. (e) Uses: Piscatorial, recreation and augmentation; filling Oxbow Lake and Oxbow Augmentation Pond and year-round freshening of Oxbow Lake, fire-fighting, stock watering. (B) New Underground Water Right. (1) Oxbow Lake: (a) Legal Description: NW ¼ of the NW ¼ of Section 32, T.37N., R.1E., N.M.P.M., Mineral County, 670 feet from the North section line, 776 feet from the West section line. (UTM Coordinates: NAD83, Zone 13N, Meters, Easting: 331,433; Northing: 4,141,620). See Figure 1. (b) Source: Ground water tributary to the West Fork. (c) Average Depth: 10.8 feet. (d) Appropriation Date: November 27, 2013. (i) How appropriation initiated: Developing engineering plans to construct the Lake and filing the application in this matter. (ii) Date water applied to beneficial use: N/A, conditional appropriation. (e) Amount withdrawn: (i) Rate: 0.04 c.f.s., maximum, CONDITIONAL. (ii) Annual volume: 15.31 acre feet, CONDITIONAL. (f) Uses: recreation, piscatorial, fire-fighting, stock watering. (g) Surface Area: 4.9 acres. (C) New Water Storage Right. (1) Oxbow Lake: (a) Legal Description: NW ¼ of the NW ¼ of Section 32, T.37N., R.1E., N.M.P.M., Mineral County, 670 feet from the North section line, 776 feet from the West section line. (UTM Coordinates: NAD83, Zone 13N, Meters, Easting: 331,433; Northing: 4,141,620). See Figure 1. (b) Source: West Fork. (i) Point of diversion: Phillipps Ditch. (ii) Fill Rate: 4.0 c.f.s., CONDITIONAL. (c) Appropriation Date: November 27, 2013. (i) How appropriation initiated: Developing engineering plans to construct the Lake and filing the application in this matter.(ii) Date water applied to beneficial use: N/A, conditional appropriation. (d) Amount: Oxbow Lake will impound 20 acre feet, CONDITIONAL, in addition to 33 acre feet of groundwater. (e) Uses: recreation, piscatorial, fire-fighting, stock watering.(f) Surface Area: 4.9 acres. (i) Maximum height of dam: 4 feet. (g) Total Capacity of Reservoir: 53 acre feet. (i) Active capacity: 20 acre feet. (ii) Dead storage: 33 acre feet. (iii) Average Depth: 10.8 feet. (2) Oxbow Augmentation Pond: (a) Legal Description: SE ¼ of the SW ¼ of Section 29, T.37N., R.1E., N.M.P.M., Mineral County, 1,301 feet from the South section line, 1,559 feet from the West section line. (UTM Coordinates: NAD83, Zone 13N, Meters, Easting: 331,686; Northing: 4,142,213). See Figure 1. (b) Source: West Fork. (i) Point of diversion: Phillipps Ditch. (ii) Fill Rate: 4.0 c.f.s., CONDITIONAL.(c) Appropriation Date: November 27, 2013. (i) How appropriation initiated: Developing engineering plans to construct the Augmentation Pond and filing the application in this matter. (ii) Date water applied to beneficial use: N/A, conditional appropriation. (d) Amount: 15 acre feet, CONDITIONAL. (e) Uses: augmentation, piscatorial, recreation, fire-fighting, stock watering. (f) Surface Area: 1.75 acres. (i) Maximum height of dam: 4 feet. (g) Total Capacity of Reservoir: 15 acre feet, CONDITIONAL. (i) Active Capacity: 15 acre feet. (ii) Dead Storage: 0 acre feet. (iii) Average Depth: 8.5 feet. (D) Change of Water Right. (1) Structure: Phillipps Ditch. (2) Original Decree: Case No. CA-165; August 17, 1904; District Court, Archuleta County, Colorado. (3) Legal Description: The headgate of the Phillipps Ditch is located on the west bank of the West Fork at a point 1,200 feet southwest from the center of Section 29, in the SE¼ of the NE ¼ of the SW ¼ of Section 29, Township 37 North, Range 1 East, N.M.P.M., Mineral County, Colorado. (4) Source: West Fork. (5) Appropriation Date: September 15, 1902. (6) Amount: 2.5 c.f.s., absolute. (7) Decreed Uses: Irrigation. (8) Amount to be changed: 2.5 c.f.s., absolute (9) Description of proposed change: Applicant seeks to change the Phillipps Ditch water right to add augmentation as a decreed use and to account for the historical irrigation under the ditch that will be removed as a result of the construction of Oxbow Lake. Using a 49 year study period of 1964 to 2012, the Applicant’s consultants quantified the historical diversions, consumptive use and return flows associated with irrigation of 66.45 acres of pasture grass located under the Phillipps Ditch. The historical consumptive use credits were calculated to be 1.65 acre-feet per acre. Consumptive use credits in the amount of approximately 6.7 acre feet per year associated with the approximately four acres of pasture grass that will be removed from irrigation when Oxbow Lake is constructed will be used to partially offset approximately 8.75 acre-feet of potentially out-of-priority depletions from Oxbow Lake. The credits will be either left in the stream or stored in the Augmentation Pond and released through an outlet pipe to the West Fork when a senior call is in effect on the West Fork. Return flows will be bypassed at the Phillipps Ditch headgate. Consumptive use credits from additional dry-up under the Phillipps Ditch may also be used to cover the remaining depletions. (10) Appropriation of Phillipps Ditch return flows: The Applicant claims the return flows associated with the changed Phillipps Ditch water right with an appropriation date of November 27, 2013, up to a maximum rate of 1.4 c.f.s. Return flows will be returned to the West Fork in proportion to the amount of dry-up credit claimed when the call on the West Fork is senior to November 27, 2013. The Applicant will retain such return flows during free river and whenever the call on the West Fork is junior to November 27, 2013 for the uses described above in paragraph B.1.e. (E) Plan for Augmentation. (1) Structure to be Augmented: Oxbow Lake, described above in paragraph C.1. (2) Water rights will be used for augmentation: Phillipps Ditch – Oxbow Enlargement, described above in paragraph B, Oxbow Augmentation Pond, described above in paragraph D.2., and dry-up credits from the Phillipps Ditch described above in paragraph E. (3) Statement of Plan for Augmentation. (a) Purpose. The purpose of this plan for augmentation is to offset out-of-priority depletions from Oxbow Lake, which will be used as a trout pond and for recreational, firefighting and stock watering purposes. It is the Applicant’s position that augmentation water need only replace evaporation from Oxbow Lake during periods of administration and when the level of impounded surface water diverted into the lake under the Phillipps Ditch-Oxbow Enlargement water right drops to the level of exposed ground water. (b) Replacement Requirements. The active capacity of the Augmentation Pond will be approximately 15 acre feet, which will provide sufficient volume to fully replace all depletions from evaporation and stock watering and all Phillipps Ditch delayed return flow obligations in the event of a senior call. (c) Filling and Freshening Flows for Oxbow Lake. Water will be diverted under the Phillipps Ditch – Oxbow Enlargement right to fill and provide freshening flows for Oxbow Lake. Such diversions will deplete the flow of the West Fork in the reach downstream from the headgate of the Phillipps Ditch to the outlet of Oxbow Lake. If a senior call is made under the Colorado Water Conservation Board (“CWCB”) West Fork instream flow right decreed in Case No. 80CW041, such diversions will be subject to administration. (d) General Operation of the Plan for Augmentation. There has never been a water rights call on the West Fork. This plan for augmentation is a pro-active effort designed to ensure the continuous diversion and use of water to the extent that there may be future calls by water rights senior to the Oxbow Lake water right described above. When a senior call is in effect, the Ranch will account for all of its out-of-priority depletions and will augment them through releases to the West Fork from the Augmentation Pond or leave the credits in the stream. (4) Name(s) and address(es) of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant: Bootjack Ranch, LLC; 12500 E. Hwy. 160; Pagosa Springs; Colorado 81147. (F) Prayers For Relief. (1) Applicant requests a decree granting the new conditional surface water right, underground water right and storage right described in Sections B, C and D of this Application. For any conditional water rights requested by this Application that are put to beneficial use during the pendency of this Application, Applicant seeks a decree awarding absolute water rights for those structures. (2) Applicant requests a decree approving the change of water rights described in Section E, including the appropriation of historical return flows from the senior Phillipps Ditch water right, and the plan for augmentation described in Section F of this Application. (3) Applicant further requests such additional relief as the Court deems necessary and appropriate to further the purposes of the rights requested herein. (9 pages)

13CW3033 IN ARCHULETA COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS OF ALPINE CASCADE, INC, A COLORADO CORPORATION. 1. Name, mailing address, email address and telephone number of applicant: Alpine Cascade, Inc., c/o J. R. Ford, P.O. Box 4490, Pagosa Springs, Colorado 81157, Telephone: 970-264-5000, E mail: pagosaland@pagosa.net. Direct Pleadings to: Peggy E. Montaño and Michael A. Kopp, Trout, Raley, Montaño, Witwer, & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203. 2. Background: This Application seeks adjudication of new underground water and geothermal rights for commercial, domestic, piscatorial, irrigation, fire suppression, and agricultural uses, including storage, direct use, use by exchange, and augmentation with the right to use and reuse the water to extinction on the Alpine Cascade Ranch (“Property”). Applicant excludes from this claim water to supply exempt wells, which may be constructed in the future, to 6 home sites on the Property, and to existing wells located on the subject Property. The Property comprises a 6,283 acre parcel south of Pagosa Springs. The Property is more specifically described in Exhibit A to the Application and is shown on the map in Exhibit B to the Application. A portion of the water underlying the Property exists in aquifers tributary to the San Juan River and a portion exists in nontributary aquifers, as more particularly described below. See Exhibits C and D to the Application. Accordingly, Applicant seeks conditional rights to the tributary water claimed and adjudication of the nontributary water underlying the Property. Nontributary Geothermal Underground Water Rights 3. Applicant seeks a decree adjudicating the nontributary geothermal ground water from the Dakota Sandstone and Morrison Formation aquifers underlying the Property. 4. Well permits: Applicant will apply for well permits as required by law. 5. Source of water: Nontributary geothermal ground water in the Dakota Sandstone and Morrison Formation aquifers. See Exhibits C and D to the Application. 6. Depth: Wells depths have not yet been determined. 7. Amount claimed: up to 1,377.38 acre-feet per year. Applicant requests that the final amounts of withdrawal be adjusted to conform to actual local aquifer characteristics when adequate information is obtained from well drilling or test holes. Applicant claims all nontributary ground water underlying the subject Property and requests the right to revise the estimated amounts of water available from the subject aquifers upward or downward, based on better or updated data, without the necessity of amending or republishing same. A. Applicant’s hydrogeological analysis revealed approximately 59,200 acre-feet in the Dakota Sandstone aquifer underlying the Property and 78,538 acre-feet in the Morrison Formation aquifer underlying the Property. See Exhibit C to the Application. Applicant claims the right to withdraw up to 592 acre-feet of water per year from the Dakota Sandstone and up to 785.38 acre-feet per year from the Morrison Formation, depending on the volume of geothermally heated water available in each aquifer, based on an aquifer life of 100 years. 8. Proposed Uses: commercial uses associated with the production of mineralized biochar, including extraction of both heat and minerals, or any similar use of water; piscatorial uses associated with a fish farm; domestic uses via direct use in homes and associated structures, including private hot springs pools, on six homesites to be constructed on the Property; irrigation of suitable areas on the Property with cooled and demineralized water; agricultural use associated with the construction of a greenhouse and any other agricultural uses requiring either geothermal heat or the application of cooled and demineralized water; and fire suppression. The above uses include storage, direct use, use by exchange, and augmentation, with the right to use and reuse the water to extinction. Applicant will put the water claimed to use in a phased approach as it implements these uses. Tributary Geothermal Underground Water Rights. 9. Applicant’s preliminary hydrogeological analysis suggests geothermal ground water underlying the Property is located in nontributary aquifers. But given the complex geology of the Property, some geothermal ground water sought by Applicant may be tributary in nature. To the extent site-specific investigation reveals geothermal ground water underlying the Property to be tributary, Applicant claims tributary geothermal ground water rights as follows. 10. Legal description of wells: A. The wells may be constructed at any of the following locations and at the pumping rates, as shown on Exhibit E to the Application and described on Exhibit F to the Application: (i) Well No. 1 (Mancos): NE ¼ of the SW ¼ of Section 26, Township 35N, Range 2Wof the New Mexico Principal Meridian. (ii) Well No. 2 (Mancos): SE ¼ of the SE ¼ of Section 36, Township 35N, Range 2W of the New Mexico Principal Meridian. (iii) Well No. 3 (Dakota): NE ¼ of the SW ¼ of Section 26, Township 35 N, Range 2Wof the New Mexico Principal Meridian. (iv) Well No. 4 (Dakota): SW ¼ of the SE ¼ of Section 27, Township 35 N, Range 2W of the New Mexico Principal Meridian. (v) Well No. 5 (Dakota): NW ¼ of the NW ¼ of Section 36, Township 35 N, Range 2W of the New Mexico Principal Meridian. (vi) Well No. 6 (Dakota): NW ¼ of the SE ¼ of Section 36, Township 35 N, Range 2W of the New Mexico Principal Meridian. (vii) Well No. 7 (Dakota): SE ¼ of the SE ¼ of Section 26, Township 35 N, Range 2W of the New Mexico Principal Meridian. (viii) Well No. 8 (Morrison): NE ¼ of the SW ¼ of Section 26, Township 35 N, Range 2W of the New Mexico Principal Meridian. (ix) Well No. 9 (Morrison): SW ¼ of the SE ¼ of Section 27, Township 35 N, Range 2W of the New Mexico Principal Meridian. (x) Well No. 10 (Morrison): NW ¼ of the SE ¼ of Section 36, Township 35 N, Range 2W of the New Mexico Principal Meridian. 11. Well permits: Applicant will apply for geothermal well permits as required by law. 12. Source of water: Geothermal ground water in the Mancos Shale, Dakota Sandstone, and Morrison Formation aquifers tributary to the San Juan River. 13. Depth: Wells depths have not yet been determined. 14. Appropriation Claim: A. Date: August 31, 2013, the date of the corporate resolution of Applicant Alpine Cascade, Inc. directing its agent to initiate the appropriation. B. How initiated: Applicant initiated the appropriation by forming an intent to appropriate water and geothermal heat to place to beneficial use, retaining a hydrogeologist to investigate the geothermal and ground water resources underlying the Ranch, and by filing this Application for underground water rights. 15. Amount claimed (conditional): up to 14.634 cfs in the aggregate from any combination of 10 or more wells (see Exhibit F to the Application) 16. Plan for Augmentation: Applicant will develop and seek approval of a plan for augmentation if necessary to protect existing water rights. 17. Proposed Uses: commercial uses associated with the production of mineralized biochar, including extraction of both heat and minerals, or any similar use of water; piscatorial uses associated with a fish farm; domestic uses via direct use in homes and associated structures, including private hot springs pools, on six homesites to be constructed on the Property; irrigation of suitable areas on the Property with cooled and demineralized water; agricultural uses associated with the construction of a greenhouse and any other agricultural uses requiring either geothermal heat or the application of cooled and demineralized water; and fire suppression. The above uses include storage, direct use, use by exchange, and augmentation, with the right to use and reuse the water to extinction. Applicant will put the water claimed to use in a phased approach as it implements these uses. Nontributary Underground Water Rights. 18. Applicant also claims the right to withdraw non-geothermal groundwater from nontributary aquifers underlying the Property. 19. Well permits: Applicant will apply for well permits as required by law. 20. Source of water: Nontributary ground water in the Dakota Sandstone and Morrison Formation aquifers. See Exhibits C and D to the Application. 21. Depth: Wells depths have not yet been determined. 22. Amount claimed: up to 1377.38 acre-feet per year. Applicant requests that the final amounts of withdrawal be adjusted to conform to actual local aquifer characteristics when adequate information is obtained from well drilling or test holes. Applicant claims all nontributary ground water underlying the subject Property and requests the right to revise the estimated amounts of water available from the subject aquifers upward or downward, based on better or updated data, without the necessity of amending or republishing same. A. Applicant’s hydrogeological analysis revealed approximately 59,200 acre-feet in the Dakota Sandstone aquifer underlying the Property and 78,538 acre-feet in the Morrison Formation aquifer underlying the Property. See Exhibit C to the Application. Applicant claims the right to withdraw up to 592 acre-feet of water per year from the Dakota Sandstone and up to 785.38 acre-feet per year from the Morrison Formation, excluding the annual withdrawals of nontributary geothermal water claimed above, based on an aquifer life of 100 years. 23. Proposed Uses: commercial uses associated with the production of mineralized biochar or any similar use of water, piscatorial uses associated with a fish farm, domestic, irrigation of suitable areas on the Property, fire suppression, and agricultural use, including storage, direct use, use by exchange, and augmentation, with the right to use and reuse the water to extinction. Applicant will put all water claimed to use in a phased approach as it implements these uses. 24. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. WHEREFORE, Applicant prays this Court enter a decree: 25. Granting conditional tributary water rights and adjudication of nontributary underground water and geothermal rights for commercial, piscatorial, irrigation, fire suppression, domestic, and agricultural uses, including storage, direct use, use by exchange, and augmentation, with the right to use and reuse the water to extinction. 26. Granting such other and further relief as the Court deems proper. (27 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 January, 2014, 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 December 31, 2013 Original Signature on file

Danene M. Etz, Water Court Specialist

Published December 12, 2013 in The Pagosa Springs SUN.

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This story was posted on December 12, 2013.