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.
2026CW3024 Mineral County, (17CW3050) 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 RIGHT 2. Description of Ground Water Right: a) Name of Structure: Brown South Well First Enlargement. b) Date of Original Decree: August 4, 2020; Case No. 17CW3050; District Court, Water Division No. 7. c) Legal Description of Brown South Well: The diversion point is located on the west bank of the West Fork in the NE¼ SW¼, Section 29, T.37N., R.1E., N.M.P.M., 2,320 feet from the South Section line and 2,200 feet from the West Section line of said Section 29. Also described as UTM coordinates: NAD83, Zone 13N, Meters, UTM X: 331887.00, UTM Y: 4142518.00. See Exhibit A. d) Source: West Fork of the San Juan River. e) Originally Decreed Amount: 270 g.p.m. (0.602 c.f.s.), absolute; 30 g.p.m. (0.067 c.f.s.), conditional. f) Appropriation Date: December 29, 2017. i. How appropriation initiated: Formation of an intent to appropriate and actual beneficial use, and the filing of the Application in Case No. 17CW3050. ii. Date water applied to beneficial use: May 31, 2011. g) Uses: To fill and successfully refill the water storage rights and structures described in Paragraphs 7-11 of the decree for Case No. 17CW3050 (Marie Lake, Elizabeth Lake, Upper Twin Lake 1, Upper Twin Lake 2, and Upper Twin Lake 3) for piscatorial, wildlife watering and habitat enhancement, recreation, fire-fighting, and aesthetic uses. h) Permit: Permit No. 83137-F. II. CONDITIONAL SURFACE WATER RIGHT 3. Description of Surface Water Right: a) Name of Structure: Elizabeth Lake Ditch. b) Date of Original Decree: August 4, 2020; Case No. 17CW3050; District Court, Water Division No. 7. c) Legal Description: The diversion point is located on the north bank of an unnamed tributary of the West Fork of
the San Juan River in the SW ¼ NW ¼, Section 29, T.37N., R.IE., N.M.P.M. Mineral County - UTM Coordinates: NAD83, Zone 13N, Meters, UTM X: 331286.14, UTM Y: 4142895.75. See Exhibit A. d) Source: Unnamed tributary to the West Fork of the San Juan River. e) Amount: 0.71 c.f.s., absolute; 0.29 c.f.s., conditional. f) Appropriation Date: December 29, 2017. g) How appropriation initiated: Formation of intent to appropriate and actual diversion of water to storage in Elizabeth Lake and Marie Lake and the filing of the 2017 Application, Case No. 17CW3050, and the diversion of water to beneficial use on or before May 15, 2020. h) Uses: To fill and successively refill Elizabeth Lake and Marie Lake for recreation, piscatorial, fire-fighting, wildlife watering and habitat enhancement and aesthetic uses. 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. (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. (i) For the Elizabeth Lake Ditch specifically, in August 2026 Applicant installed a 12-inch flume. Because Applicant did not have a flume installed until near the end of the diligence period, and the Elizabeth Lake Ditch only runs during spring snowmelt, Applicant could not measure the water right put to beneficial use and does not have any records during large snowpack years, but will exercise and measure this right in the near future. (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. This includes a pipeline replacement from the Elizabeth Lake to the Upper Twin Lakes. (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) Brown South Well First Enlargement (i) Applicant has diverted water at the maximum decreed rate of 300 g.p.m. under the Brown South Well First Enlargement water right throughout the diligence period, but specifically observed this pumping rate on August 13, 2026. Applicant delivered that water to Marie Lake, Elizabeth Lake, and Upper Twin Lakes 1, 2, and 3 for piscatorial, wildlife watering and habitat enhancement, recreation, fire-fighting, and aesthetic uses. 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. 6. 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: (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 following conditional water right 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) Elizabeth Lake Ditch: 0.29 c.f.s., conditional for all decreed beneficial uses. 2. Making the following conditional rights absolute: (a) Brown South Well First Enlargement: 30 g.p.m. (0.067 c.f.s.), absolute for all decreed beneficial uses, in addition to the 270 g.p.m. previously decreed as absolute, which would make the entire decreed 300 g.p.m. (0.669 c.f.s.) absolute. 3. In the event the Court does not make the foregoing rights absolute, then continuing their conditional status until the next diligence application. 4. To the extent Applicant exercises the remaining conditional portions of the Elizabeth Lake Ditch 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. (10 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. 2 nd 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. (317731)
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