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Public Notices 8-15-13

COMBINED NOTICE – RESTART – PUBLICATION

CRS §38-38-109(2)(b)(II) FORECLOSURE 

SALE NO. 2013-002

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 June 13, 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) Michelle Lobato and Ian M. Martinez

Original Beneficiary(ies) GreenPoint Credit Corp

Current Holder of Evidence of Debt Wells Fargo Bank N.A., as trustee on behalf of Green Tree 2008-MH1

Date of Deed of Trust July 28, 1999

County of Recording Archuleta

Recording Date of Deed of Trust July 30, 1999

Recording Information (Reception Number) 99007313

Original Principal Amount $76,940.85

Outstanding Principal Balance $55,802.01

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 149 Pagosa Vista according to the plat thereof filed January 6, 1978 in Book 156 Page 60, in the office of the Clerk and Recorder, Archuleta County, Colorado

Including: 1996 Town & Country, 16’ x 80’ Cavalier Manufactured Home, Serial Number TXTC 961481

Also known by street and number as: 52 Highland Avenue, 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, 10/10/2013, 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 8/15/2013

Last Publication 9/12/2013

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: 06/13/2013

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:

Bruce W. Dewald Attorneys and Counselors at Law 7955 E Arapahoe Ct Ste 3000, Centennial, CO 80112 (303) 347-8906

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 August 15, 22, 29, September 5 and 12, 2013 in The Pagosa Springs SUN.

___________________________

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-029

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

On June 13, 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) Michael Abraham

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Lending Solutions, Inc. DBA LSI Mortgage Plus

Current Holder of Evidence of Debt Federal National Mortgage Association

Date of Deed of Trust June 25, 2008

County of Recording Archuleta

Recording Date of Deed of Trust August 27, 2008

Recording Information (Reception Number) 20806774

Original Principal Amount $187,500.00

Outstanding Principal Balance $181,133.54

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:

ALL THE REAL PROPERTY, TOGETHER WITH IMPROVEMENTS, IF ANY, SITUATE, LYING AND BEING IN THE COUNTY OF ARCHULETA AND STATE OF COLORADO, DESCRIBED AS FOLLOWS:

LOT 16, BLOCK 7, LAKE PAGOSA PARK, ACCORDING TO THE PI.AT THEREOF FILED MARCH 13, 1970, AS RECEPTION NOS. 72998 THROUGH 73013, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

FOR INFORNATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 5699 083 06039; SOURCE OF TITLE IS DOCUMENT NO. 20705186 (RECORDED 06/12/07)

Also known by street and number as: 68 Dayspring Pl, 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, 10/10/2013, 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 8/15/2013

Last Publication 9/12/2013

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: 06/13/2013

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:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 # 3030.00635

©Public Trustees’ Association of Colorado Revised 9/2012

Published August 15, 22, 29, September 5 and 12, 2013 in The Pagosa Springs SUN.

_________________________

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-030

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

On June 13, 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) Timothy Hewett and Mia Hewett

Original Beneficiary(ies) Timothy Hewett and Mia Hewett

Current Holder of Evidence of Debt Bank of America, N.A

Date of Deed of Trust July 22, 2002

County of Recording Archuleta

Recording Date of Deed of Trust July 23, 2002

Recording Information (Reception Number) 20206545

Original Principal Amount $365,293.00

Outstanding Principal Balance $307,966.84

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 100, COLORADO’S TIMBER RIDGE PHASE TWO, ACCORDING TO THE PLAT THEREOF FILED DECEMBER 5, 2000, AS RECECPTION NO. 20011528 IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 645 Mariposa Drive, 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, 10/10/2013, 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 8/15/2013

Last Publication 9/12/2013

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: 06/13/2013

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:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 # 1159.00420

©Public Trustees’ Association of Colorado Revised 9/2012

Published August 15, 22, 29, September 5 and 12, 2013 in The Pagosa Springs SUN.

________________________

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-031

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

On June 13, 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) Don C. Miner and Linda S. Kushner a/k/a Linda S. Gibson

Original Beneficiary(ies) AP Layton LLC and Pure Bliss LLC

Current Holder of Evidence of Debt AP Layton LLC and Pure Bliss LLC

Date of Deed of Trust June 30, 2009

County of Recording Archuleta

Recording Date of Deed of Trust June 30, 2009

Recording Information (Reception Number) 20904740

Original Principal Amount $100,000.00

Outstanding Principal Balance $94,677.34

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 55X OF BLOCK 13, A CONSOLIDATION OF LOT 55 AND PART OF LOT 54, BLOCK 13, PAGOSA IN THE PINES, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 13, 1970, AS RECEPTION NO. 73014 THROUGH 73027, AND PURSUANT TO A RESOLUTION APPROVING THE CONSOLIDATION OF CERTAIN LOTS IN ARCHULETA COUNTY, COLORADO, RESOLUTION NO. 2002-52 RECORDED JULY 30, 2002 AS RECEPTION NO. 20206720, COUNTY OF ARCHULETA, STATE OF COLORADO

Also known by street and number as: 655 East Golf Place, 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, 10/10/2013, 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 8/15/2013

Last Publication 9/12/2013

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: 06/13/2013

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:

Berenbaum Weinshienk PC 370 17th Street, Suite 4800,  Denver, CO 80202 (303) 825-0800

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 August 15, 22, 29, September 5 and 12, 2013 in The Pagosa Springs SUN.

_______________________

Call for nominations for school directors

The Board of Education of Archuleta School District 50 JT in the Counties of Archuleta and Hinsdale, State of Colorado, calls for nomination of candidates for school directors to be placed on the ballot for the regular biennial school election to be held on Tuesday, November 5, 2013.

At this election two (2) directors will be elected representing Director District One (1), and Director District Five (5) for a term of office of four years. To be qualified, a candidate must have been a registered elector of the school district for at least twelve consecutive months before the election and a resident of the director district which will be represented. Legal descriptions of the Director Districts are available at www.mypagosaschools.com under the “Community” tab, or by contacting the Archuleta County Clerk’s office. A person is ineligible to run for school director if he or she has been convicted of committing a sexual offense against a child.

A person who desires to be candidate for school director shall file a written notice of intention to be a candidate and a nomination petition signed by at least 50 eligible electors who are registered to vote in the regular biennial school election.

Nomination petitions may be obtained at the Archuleta School District 50 Jt Administration Office – 309 Lewis Street, Pagosa Springs, CO. Office hours are 8 am to 4 pm. Completed petitions should be submitted to Archuleta School District 50 Jt Administration Office, the School District’s designated election official, no later than 4:00 pm on August 30, 2013.

Published August 15 and 22, 2013 in The Pagosa Springs SUN.

______________________

Notice for Publication

A variance from section 27.1.4.C of the Archuleta County Road and Bridge Design Standards regarding paving for a parking lot is proposed on Lot 29 in Cloman Industrial Park. The property address is 66 Industrial Circle.

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 fax 970-264-3338, prior to the public hearing by the Board of County Commissioners on September 3, 2013, at 1:30 p.m. in the County Courthouse. If you prefer, you may attend the public hearing and be heard.

Published August 15 and 22, 2013 in The Pagosa Springs SUN.

______________________

DOCUMENT NO. 020

INVITATION TO BID

1. The Pagosa Springs Sanitation General Improvement District and the Pagosa Area Water and Sanitation District PROJECTS:

A. Wastewater Conveyance System – Pump Station 1 and Force Main 1

And

B. Wastewater Conveyance System – Pump Station 2 and Force Main 2

And

C. Town Water Transmission Main

2. BIDS RECEIVED UNTIL: 10:00 AM MST September 26, 2013 at the office of Bartlett & West, Inc’s Office, 190 Talisman Dr., Unit D-1, Pagosa Springs, CO 81147.

3. BID OPENING will be public following receipt of bids at 11:00 AM MST September 26, 2013 at the Pagosa Springs Town Hall, 551 Hot Springs Blvd. Pagosa Springs, CO 81147.

4. DESCRIPTION OF WORK: The Work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services and incidentals for the construction of the PROJECTS, and all appurtenant work, complete, tested and ready for operation, including temporary facilities as required, all in conformance with the Contract Documents.

The main components of the PROJECTS are as follows:

A. Wastewater Conveyance System – Pump Station 1 and Force Main 1 includes a 1.4 MGD wastewater pump station, consisting of a 12 feet by 16 feet wet well; a 34 feet by 43 feet pump building; a 400 KW generator; approximately 18,136 feet of 10-inch force main; 1,295 feet of 18-inch gravity sewer, manholes and appurtenances.

B. Wastewater Conveyance System – Pump Station 2 and Force Main 2 includes a 1.6 MGD wastewater pump station, consisting of a 12 feet by 16 feet wet well; a 34 feet by 43 feet pump building; a 400 KW generator; approximately 20,870 feet of 10-inch force main; 183 feet of 8-inch gravity sewer, manholes and appurtenances and a 98 feet bore of 20-inch steel casing and appurtenances.

C. Town Water Transmission Main includes approximately 25,570 feet of 12-inch water main; three pressure reducing/sustaining valves and appurtenances paralleling the proposed 10-inch force main from South Pagosa Boulevard east to PS 1.

5. OWNER:

A. Wastewater Conveyance System – Pump Station 1 and Force Main 1

Pagosa Springs Sanitation General Improvement District

551 Hot Springs Blvd.

Pagosa, Springs, CO 81147

B. Wastewater Conveyance System – Pump Station 2 and Force Main 2

Pagosa Area Water and Sanitation District

100 Lyn Avenue

Pagosa Springs, CO 81157

C. Town Water Transmission Main

Pagosa Area Water and Sanitation District

100 Lyn Avenue

Pagosa Springs, CO 81157

6. DESIGN ENGINEER:

Bartlett & West, Inc.

190 Talisman Dr., Unit D-1

Pagosa, Springs, CO 81147

7. BID DOCUMENTS:

Prospective bidders are hereby required to obtain one (1) complete copy of the project manual and drawings issued from Bartlett & West, Inc. Only bid proposals submitted by recognized plan holders of record will be accepted. Failure to comply with this requirement shall render the bid non-responsive and, at the sole discretion of the Owner, will be grounds for its rejection and immediate return.

Neither the Owner nor design engineer shall assume any responsibility for the accuracy or completeness of project specifications, drawings and other project information obtained from any third party source. Interested parties are hereby advised that obtaining such documents may result in receipt of inaccurate or incomplete project information and failure to receive project addenda.

Digital copies of the bid documents are available at www.bartwest.com or www.questcdn.com. Bidding documents may be downloaded for $20.00 by entering the Quest project #2870638 on the project search page. There will be no refund for this fee.

Please contact QuestCDN.com at 952.233.1632 or info@questcdn.com for assistance with free membership registration or questions regarding download of the bid package. Please direct any questions concerning the project drawings and project manual to Bartlett & West (888.200.6464).

Optional paper copies may be obtained from Bartlett & West upon receipt of a non-refundable deposit of $300.00. Please make checks payable to Bartlett & West, Inc.

Copies of the project drawings and project manual are not returnable. All information contained in the bidding documents is copyrighted material and shall not be copied, supplied, modified, adapted, or otherwise displayed to any third party. Paper copies of the project drawings and project manual are on file and open for public inspection at the office from which they may be obtained.

8. BID SECURITY REQUIREMENTS: All bids must be accompanied by a certified check, cashier’s check or a bid bond for not less than five percent (5%) of the amount bid (including alternates) for each of the three projects, made payable to the Pagosa Springs Sanitation General Improvement District for the Wastewater Conveyance System – Pump Station 1 and Force Main 1; made payable to the Pagosa Area Water and Sanitation District for the Wastewater Conveyance System – Pump Station 2 and Force Main 2; made payable to the Pagosa Area Water and Sanitation District for the Town Water Transmission Main.

9. BIDDERS’ QUESTIONS AND COMMENTS relative to these bidding documents should be submitted to the Engineer. Comments should reach Engineer’s office no later than 12 calendar days prior to the date set for opening of bids, if feasible, in order that changes, if needed, may be added by addendum. Telephone calls submitting questions on the plans and specifications should be made to Art Dilione at phone no. 970-306-0924.

10. PRE-BID CONFERENCE: A pre-bid conference will be held on September 4, 2013 at 10:00 AM at the Pagosa Springs Town Hall, 551 Hot Springs Blvd. Pagosa Springs, CO 81147. Representatives of the Design Engineer and Owner will be present to answer questions. Attendance is Mandatory.

11. SUBMITTAL: Submit Bid and Bid Security as per requirements of paragraph 12 of the Instructions to Bidders. Bid shall be enclosed in an opaque, sealed envelope. Identify the envelope as follows:

To: Arthur R. Dilione, P.E.

Bartlett & West, Inc.

190 Talisman Dr., Unit D-1

Pagosa, Springs, CO 81147

Bid For:

Pagosa Springs Sanitation General Improvement District and Pagosa Area Water and Sanitation District Wastewater Conveyance Project and Town Water Transmission Main

Bidder:_________________________________

_______________________________________

_______________________________________

DO NOT OPEN UNTIL _______________, 2013.

By: ____________________________________

END OF DOCUMENT

Published August 15, 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 July 2013, for Archuleta County.

13CW21 Anita & William Hooton, 5000 CR 335, Pagosa Springs, CO 81147: Archuleta County; Rio Blanco River; Hat Rock Ranch Pump 1; Northing 4111750, Easting 321175; Zone 12; SE1/4NE1/4, Section 1, T33N, R2W, NMPM; 1937 feet from North, 778 feet from East; Rio Blanco River (lower); Date of appropriation 4/4/10; Appropriation was initiated by irrigation; Date applied to beneficial use, 4/4/10; Irrigation; Number of acres historically irrigate, 2; 0.05 cfs Absolute; Hat Rock Ranch Pump 2; Northing 411764.75, Easting 321224.8; Zone 12; SE1/4NE1/4, Section 1, T33N, R2W, NMPM; 1887 feet from North, 616 feet from East; Rio Blanco River (lower); Date of appropriation, 5/2011; Appropriation was initiated by irrigation; Date applied to beneficial use, 5/2011; Irrigation; Number of acres historically irrigated, 4; 0.1 cfs Absolute. Application for Absolute Water Rights (Surface) (9 pages)

13CW3006 LA PLATA COUNTY, WATER DISTRICT NO. 29: APPLICATION TO MAKE ABSOLUTE. (1) Applicant: One-In-The-Spirit, LLLP; (2) Attorney: Jeffrey M. Kane, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; (3) Name of Structure: San Juan River Intake; (4) Original Decree: Case No. 83CW145 (Nov. 14, 1984); (5) Source: San Juan River and its tributaries; (6) Location: NE/4 SE/4NW/4 Sec. 12, T34N, R2W, NMPM, at point on west bank of San Juan River lying S 61° 30’ E, 2,900 feet from the NW corner of Sec. 12, T34N, R2W, NMPM, Northing 320616, Easting 4119698 (NAD83); (7) Use: Irrigation; (8) Appropriation Date: Dec. 19, 1983; (9) Amount: 0.65 cfs; (10) Alternate Points of Diversion decreed in Case No. 03CW78: (a) Kircher Irrigation Pump Nos. 1-4: (i) NW/4 SW/4 NE/4 of Sec. 34, T34N, R2W, NMPM, being 1850 feet from the north section line and 2416 feet from the east section line of said Section; Northing 4113446 Easting 317502; (ii) in the NW/4 SW/4 SE/4, Sec. 34, T34N, R2W, NMPM, being 1039 feet from the south section line and 2311 feet from the east section line of said Section; Northing 4112712, Easting 317514; (iii) in the SW/4 SW/4 NE/4, Sec. 3, T33N, R2W, NMPM, being 2220 feet from the north section line and 2485 feet from the east section line of said Section; Northing 4111720, Easting 317441; and (iv) in the SW/4 NW/4, SE/4, Sec. 3, T33N, R2W, NMPM, being 1774 feet from the south section line and 2389 feet from the east section line of said Section; Northing 4111330, Easting 317464; and (b) John M. Rippy Ditch: at a point on the east bank of the San Juan River in Section 14, T34N, R2W, NMPM, whence the NW corner of the NE/4 of Sec. 14, T34N, R2W, NMPM bears North 28° West, a distance of 8,350 feet; Northing 41115989, Easting 319372; (11) Remarks: as specified in the Decree in Case No. 03CW78, the irrigation duty of water shall be 1 cfs per 30 acres of irrigation at all times and the specific acres upon which the above described water rights shall be used in any year shall be designated by each year; Applicant has placed water to beneficial use under this water right since 2002 by irrigating 19.5 acres at a diversion rate of 0.65 cfs. (4 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 September, 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 August 31, 2013 Original Signature on file

Danene M. Etz, Water Court Specialist

Published August 15, 2013 in The Pagosa Springs SUN.

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This story was posted on August 15, 2013.