DISTRICT COURT, WATER DIVISION 7, COLORADO
WATER RESUME
(This publication can be viewed in its entirety on the state court website at:
www.coloradojudicial.gov).
_______________________
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 the resume of all water right applications filed in the Office of the Water Clerk during the month of August 2026, for Mineral County.
2026CW3023 Mineral County, (17CW3043, 10CW71, 98CW88) DISTRICT COURT, WATER DIVISION NO. 7, STATE OF COLORADO, 1060 East Second Ave, Suite 106, Durango, CO 81301, (970) 247-2304, CONCERNING THE APPLICATION FOR BOOTJACK RANCH, LLC, IN MINERAL COUNTY, COLORADO. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. 1. Name, Mailing Address and Telephone Number of Applicant: Dennis Burch, Ranch Manager Bootjack Ranch, LLC 12500 E. Hwy. 160 Pagosa Springs, CO 81147 (970) 264-7280 Direct All Pleadings To: Wayne F. Forman, #14082, Michael P. Smith, #48730, and Jack A. Wold-McGimsey, #59382 at BROWNSTEIN HYATT FARBER SCHRECK, L.L.P. 675 15th Street, Suite 2900 Denver, CO 80202 Phone: (303) 223-1100 Fax: (303) 223-0920 E-mail:
wforman@bhfs.com;
msmith@bhfs.com;
jwold-mcgimsey@bhfs.com I. CONDITIONAL UNDERGROUND WATER RIGHTS 2. Description of Brown South Well Underground Water Right: (a) Name of Structure: Brown South Well. (b) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (c) Legal description: NE¼SW¼, Section 29, T37N, R1E, N.M.P.M., 2,200 feet from the South section line and 2,200 feet from the West section line of said Section 29. See Exhibit A. (d) Depth: 15 feet. (e) Appropriation Date: July 29, 1998. (f) Uses: Recharge of water level in Michael’s Lake and either directly from the Brown South Well or from storage in Michael’s Lake for domestic and/or commercial use including but not limited to a house with a maximum of 4 bedrooms and 7 bathrooms, up to 30 guest homes, recreation/aquatic building, greenhouse, and maintenance facility, office complex with 3 baths; piscatorial; stock watering; fire fighting; recreation; and irrigation of 70 acres located in the SW¼ of Section 20, and N½ of Section 29, T37N, R1E, N.M.P.M., lying west of the West Fork, including golf course watering and watering of lawns and gardens. See Exhibit A. (g) Originally Decreed Amount: 2.67 c.f.s. (1,200 g.p.m.), conditional. (h) Subsequent Decrees Awarding Findings of Diligence: (i) Case No. 10CW71, decree entered on November 28, 2011, District Court, Water Division No. 7., made 156 g.p.m. of the total decreed 1,200 g.p.m. during the irrigation season absolute, and continued in full force and effect the remaining conditional 1044 g.p.m. (2.33 c.f.s.) for all decreed beneficial uses. In the non-irrigation season 53 g.p.m. of the total decreed 1200 g.p.m. was made absolute and the conditional portion of the remaining 1,147 g.p.m. (2.56 c.f.s.) was continued in full force and effect for all decreed beneficial uses except irrigation. (ii) Case No. 17CW3043, decree entered on August 4, 2020, District Court, Water Division No. 7, made another 332 g.p.m. absolute in the irrigation season, bringing the absolute portion of this right to 488 g.p.m. of the total 1,200 decreed g.p.m. The decree continued in full force and effect the remaining conditional portion of 712 g.p.m. (1.59 c.f.s.) for all decreed beneficial uses. For the non-irrigation season, the remaining conditional 1,147 g.p.m. was continued in full force and effect for all beneficial uses except irrigation. (i) Currently Decreed Amount: (i) Irrigation Season: 488 g.p.m. absolute and 712 g.p.m. (1.59 c.f.s.), conditional, for all decreed beneficial uses. (ii) Non-irrigation Season: 53 g.p.m. absolute, 1,147 g.p.m. (2.56 c.f.s.), conditional, for all decreed beneficial uses except irrigation. (j) Permit Number: 056342-F. (k) Name(s) and Address(es) of owners of the land upon which structure is located: (i) The structure is located on Applicant’s property. 3. Description of Well WS-1 Underground Water Right: (a) Name of Structure: Well WS-1. (b) Date of Original Decree: October 20, 2004; Case No. 98CW88; District Court, Water Division No. 7. (c) Legal description: NE¼SW¼, Section 32, T37N, R1E, N.M.P.M., 900 feet from the South section line and 800 feet from the West section line of said Section 32. See Exhibit A. (d) Depth: Approximately 135 feet. (e) Appropriation Date: July 29, 1998. (f) Amount: 400 g.p.m., Conditional. (g) Use: Irrigation of 70 acres, lying east of the West Fork and located in the W½ of Section 32, T37N, R1E, N.M.P.M. See Exhibit A. (h) Subsequent Decrees Awarding Findings of Diligence: (i) Case No. 10CW71, decree entered on November 28, 2011, District Court, Water Division No. 7, continued this conditional right in the amount of 400 g.p.m. in full force and effect. (ii) Case No. 17CW3043, decree entered on August 4, 2020, District Court, Water Division No. 7, continued the entire conditional right in the amount of 400 g.p.m. in full force and effect. (i) Permit Number: 061416-F-R. (j) Name(s) and Address(es) of owners of the land upon which structure is located: (i) The structure is located on Applicant’s property. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures during the diligence period. (a) Applicant spent more than $139,000 in salaries for its employees to conduct well inspections, repair flood damage to Applicant’s well structures and lakes, and maintain ditches, irrigation equipment, and the Upper Twin Lakes, Marie Lake, and Elizabeth Lake. (i) This includes flood damage repair to the Brown South Well specifically in November 2025, when Applicant repaired a bank from washout to the structure and the well. (b) Applicant engaged the water consulting firm SGM and has spent more than $67,000 for its water rights support over the diligence period, including in, but not limited to, the following cases: 17CW3014, 17CW3050, 17CW3043, 17CW3041, 18CW3051, 19CW3028, 21CW3029, 22CW3034, 22CW3049, 22CW3044, and 22CW3050. (c) Applicant engaged Evergreen Pump and has spent more than $40,000 on pump replacements, variable frequency drive (“VFD”) replacements, motor replacements & control box replacements. (i) This includes a replacement motor and control box for the Brown South Well and VFD replacement specifically. (d) Applicant engaged Mackey Construction and spent over $11,000 on flume fabrication and installation for water rights compliance efforts. (e) Applicant engaged Mountain Valley Services and spent over $40,000 on well repair and improvement work. (f) Applicant engaged Summit Supply and spent over $1,000 on distribution pipe installation and well pipe repairs. (g) Applicant engaged the law firm of Brownstein Hyatt Farber Schreck, LLP, and spent more than $160,000 in legal fees to protect its water rights and interests in water court by opposing applications of others, adjudicating new water rights, and meeting its diligence obligations, including in, but not limited to, the following cases: 17CW3014, 17CW3050, 17CW3041, 17CW3043, 18CW3051, 19CW3028, 21CW3029, 22CW3034, 22CW3049, 22CW3044, and 22CW3050. 5. Claims to make conditional water rights absolute. (a) Applicant exercised the Brown South Well water right in the amount of 500 g.p.m. during both the irrigation season (June 15, 2026) and non-irrigation season (April 15, 2026) for all decreed beneficial uses. This constitutes an increase of 12 g.p.m. over the 488 g.p.m. previously made absolute for the irrigation season and 447 g.p.m. over the 53 g.p.m. previously made absolute during the non-irrigation season. The diversion records for the Brown South Well are attached as Exhibit B, and confirm the exercise of the subject water rights during the relevant diligence period. (i) 500 g.p.m. represents the current limits of the pump at the Brown South Well, but Applicant intends to enhance this capacity in the future. (b) Applicant exercised the Well WS-1 water right in the full decreed 400 g.p.m. amount to irrigate approximately 70 acres of lands lying east of the West Fork and located in the W½ of Section 32, T37N, R1E, N.M.P.M. Applicant diverted the full decreed 400 g.p.m. throughout the diligence period, but specifically observed this pumping rate on May 9, 2022, and August 7, 2026. The diversion records for Well WS-1 are attached as Exhibit C, and confirm the exercise of the subject water rights during the relevant diligence period. 6. Names and addresses of owners or reputed owners 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: (a) All structures are located on Applicant’s property. WHEREFORE Applicant requests that the Court enter a decree: 1. Finding that Applicant has been reasonably diligent in the steady application of effort to complete the appropriation of the conditional water rights in a reasonably expedient and efficient manner under the facts and circumstances and continuing the following conditional water rights in full force and effect: (a) Brown South Well: (i) Irrigation Season: 700 g.p.m., conditional, for all decreed beneficial uses. (ii) Non-irrigation season: 700 g.p.m., conditional, for all decreed beneficial uses. 2. Making the following conditional rights absolute: (a) Brown South Well: (i) Irrigation Season: 12 g.p.m., in addition to 488 g.p.m previously made absolute, for a total of 500 g.p.m. absolute for all decreed beneficial uses. (ii) Non-irrigation Season: 447 g.p.m., in addition to 53 g.p.m. previously made absolute, for a total of 500 g.p.m. absolute for all decreed beneficial uses. (b) Well WS-1: 400 g.p.m., absolute, for all decreed beneficial uses. 3. In the event the Court does not make the foregoing rights absolute, then continuing their conditional status in full force and effect until the next diligence application. 4. To the extent Applicant exercises the remaining conditional portions of the Brown South Well water right during the pendency of this case, Applicant requests that the Court decree those additional portions absolute as well. 5. Granting such other relief as the Court deems just and proper. (12 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 October 2026, 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.coloradojudicial.gov; 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 September 30, 2026
Published September 24, 2026, in The Pagosa Springs SUN. (317556)
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