DISTRICT COURT, WATER DIVISION 7, COLORADO
WATER RESUME
(This publication can be viewed in its entirety on the state court website at:
www.courts.state.co.us).
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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 portion of all water right
applications filed in the Office of the Water Clerk during the month of February 2024, for Archuleta
County.
2024CW3008 ARCHULETA COUNTY, WATER DISTRICT NO, 78: 1) Applicants: Alan and Barbara Sackman, 13211 West Highway 160, Pagosa Springs CO 81147 (970)731-5657; 2) Attorneys: Adam T. Reeves and Lindsey A. Ratcliff, Maynes, Bradford, Shipps & Sheftel, LLP, 835 East 2nd Ave., Ste. 123, Durango, CO 81301; 3) Application to Make Absolute and for a Finding of Reasonable Diligence; 4) Water Rights: Originally decreed Case No. 04CW64: a) Alan’s Lake Ditch: Approp. Date: June 30, 2003; Location: SE/4SW/4 of Sec. 5, T34N, R3W, N.M.P.M., 3,670 feet from the E section line and 150 feet from the S section line; Uses: Evaporation, fishery, stock water and recreation, flow through Alan’s Lake/Well; Source: Devil Creek; Amount: up to 2.0 cfs, conditional, or enough to keep the Alan’s Lake/Well full; b) Alan’s Lake/Well: Approp. Date: June 30, 2003; Location: SE/4NE/4 Sec. 7, T34N, R3W, NMPM, 3,280 feet from S and 100 feet from E section lines; Surface area: 1.8 acres (at time of Original Decree), up to 6.0 acres, after additional gravel mining; Uses: During gravel mining: commercial, including gravel mining; After gravel mining: evaporation, fishery, stock water and recreation; Source: During gravel mining: groundwater; After gravel mining: groundwater and pass through via Alan’s Lake Ditch at a filling rate of up to 2.0 cfs; Amount: 0.11 cfs, conditional; Well permit: 81419-F; Evaporation rates and the replacement of out-of-priority diversions from Alan’s Lake/Well are described in Paragraph 6 of the Original Decree; c) Elk Park Lake: Originally decreed in Case No. 03CW03, augmentation use added Case No. 04CW64; Approp. Date: Oct. 1984 (stockwater, wildlife, fishery); Aug. 27, 2004 (augmentation); Location: SE/4NE/4, Sec. 7, T34N, R3W, NMPM, 1,800 feet from the N section line and 1,000 feet from the E section line; Surface area: 0.81 acres; Uses: stockwater, wildlife, fishery, and augmentation; Amount 4.0 AF conditional; Source: Runoff and Iron Springs Seep Area, tributary to Devil Creek tributary to the Piedra River; Remarks: The Iron Springs Seep Area contribution to Elk Park Lake shall be bypassed around the Lake when Elk Park Lake is out of priority; d) Lower Elk Spring Pond: Originally decreed in Case No. 03CW03; Approp. Date: Jan. 23, 2003 (Stockwater and wildlife); Aug. 27, 2004 (augmentation and exchange); Location: NW/4NW/4 Sec. 8, T34N, R3W, NMPM, 900 feet from N and 300 feet from W section lines; Surface area of high water
line: 0.08 acres (65 feet in diameter); Uses: stockwater, wildlife, augmentation and exchange,
Conditional; Amount 0.3 AF; Source: Runoff and overflow from Elk Spring Pond/Well; Remarks: Elk Spring Pond is constructed with a dam and has a gated, low-level outlet pipe; 5) Matters done toward completion or for completion of appropriation and application of water to beneficial use: a) Applicant has concluded gravel mining at the site and has substantially completed the associated reclamation requirements. Applicant has regularly maintained the structures identified herein and operated them in accordance with the instructions of the water commissioner. Applicants are the only owner 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. (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 April 2024, to file with the Water Clerk, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $192.00; Forms are available through the Office of the Water Clerk or on the Judicial web site at
www.courts.state.co.us; Jason Poyer, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301; (970) 247-2304)
/s/ Jason Poyer
Water Court Specialist
Published: before March 31, 2024
Published March 14, 2024 in The Pagosa Springs SUN. (231071)
