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 March 2024, for Archuleta County.
2023CW3040 Archuleta County, San Juan River. Second Amended Application for Conditional Water Rights. Applicants: Christopher & Heather Pickard, 608 Huron Road Southeast, Rio Rancho, NM 87124. Please send all correspondence to Applicants’ counsel, Amy N. Huff, Colorado Water & Land Law, LLC, 679 E. 2nd Ave, Ste11B, Durango, CO 81301 (970) 403-1770.
amy@waterland-law.com. Description of Water Rights: 1.1. Pickard Ditch (ditch), PODs: Applicants seek two alternate points of diversion for the Pickard Ditch. Alt POD A: SW ¼ SW ¼ S28, T36N, R1W, NMPM. UTM: Zone 13 - E 326079 N 4132285 Alt POD B: SW ¼ SW ¼ S28, T36N, R1W, NMPM. UTM: Zone 13- E 325938 N 4132513. Sources: Alt POD A: Fawn Gulch, tributary to the San Juan River, and all sources of water carried in Fawn Gulch that accrue at or above the point of diversion. Alt POD B: San Juan River, and all sources of water carried therein accrue at or above the point of diversion. App Date: 9/26/2023. Amt: 5 cfs , Conditional, with the right to use and reuse said water to extinction. Uses: Irrigation, supplemental irrigation, stockwater, augmentation, and pond filling. All uses will occur within Applicants’ property located in S, 29, & 32, T26, R1W, NMPM). Applicants seek the right to use and reuse the water decreed to the Pickard Ditch water right to extinction. 1.2. PIckard Pond Wells (groundwater) Location: Up to 3 pond wells will be located on Applicants’ property in S 28, 29, & 32, T36N, R1W, NMPM. Applicants will provide the precise locations for the pond wells once they are constructed. Source: Groundwater tributary to the San Juan River. App Date: 9/26/2023. Amt: 1.0 cfs, Conditional Uses: Irrigation, supplemental irrigation, stockwater, augmentation, and fire protection. All uses will occur within Applicants’ property. 1.3. PIckard Ponds (storage) Location: Up to 3 ponds will be located on Applicants’ property in S 28, 29, & 32, T 36N, R1W, NMPM. Applicants will provide the precise locations for the pond(s) once they are constructed. Sources: Pickard Ditch and Pickard Pond Wells, as claimed above. App Date: 9/26/2023. Amt: 40 acre-feet, Conditional (total for up to 3ponds). Surface Area at High Water Line: 5.5 acres (total for up to three ponds) Uses: Irrigation, supplemental irrigation, stockwater, piscatorial, augmentation, and fire protection. All uses will occur within Applicants’ property. 1.4. Heather’s Spring (spring). POD: SW ¼ SW ¼ S28, T36N, R1W, NMPM. UTM: Zone 13- E 326093 N 4132434. Sources: Spring water tributary to the San Juan River and surface flows accruing at or above the point of diversion. App. Date: 4/28/2024. Applicants initiated this appropriation by filing this Second Amended Application. Amt: 10 gpm., Conditional. Uses: Irrigation of landscaping, fire protection, and pond filling. All uses will occur within Applicants’ property located in S28, 29, & 32, T 26, R1W, NMPM. 2. Remarks: The water rights in this application are part of an integrated water supply system for Applicants’ property, which includes the water rights decreed in Case No. 16CW3059. Applicants may use the San Juan River to convey the water diverted under Pickard Ditch water right or Heather’s Spring to Applicants’ property and water storage rights on west side of the San Juan River. Applicants will measure inflows and diversions, and account for transit losses, as required by the Division Engineer. The Pickard Pond Wells are claimed in the event that the Pickard Ponds intercept ground water and therefore cannot be decreed as water storage rights. 3. Affected Landowner: Applicants own the land on which any new diversion or storage structure will be constructed. 4. Remarks: See Application. (8 pages including exhibits)
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 May 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 April 30, 2024
Published April 11, 2024 in The Pagosa Springs SUN. (233707)
