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 and
Archuleta Counties.
2026CW3025 (ref. 17CW3030, 73-308D, et al.), MINERAL COUNTY AND ARCHULETA COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Pagosa Area Water and Sanitation District (“PAWSD”), 100 Lyn Ave, Pagosa Springs, CO 81147, (970) 731-2691; and San Juan Water Conservancy District (“SJWCD,” with PAWSD, the “Applicants”) P.O. Box 2462, Pagosa Springs, Colorado 81147, (832) 370-5017. Please direct all correspondence to Attorney for Pagosa Area Water and Sanitation District: Law of the Rockies Kendall K. Burgemeister, Atty. Reg. #41593 525 North Main Street, Gunnison, CO 81230 970-641-1903,
kburgemeister@lawoftherockies.com; Attorney for San Juan Water Conservancy District: Jeffrey M. Kane, Atty. Reg. No. 44075 SOUTHWEST WATER AND PROPERTY LAW LLC 679 E 2nd Ave Unit 10, Durango, CO 81301 (970) 422-5510,
jkane@swpropertylaw.com. Summary of Application. Applicants seek a finding of reasonable diligence for the Second Enlargement of Dutton Ditch conditional water right, described in detail below. Name of Structure: Second Enlargement of the Dutton Ditch. Previous Decrees: The water right was originally decreed in Case No. 73-308D (December 19, 1968, District Court, Archuleta County). Findings of reasonable diligence were entered in Case Nos. W-193 (1970), W-581-76, 80CW104, 84CW60, 88CW50, 94CW39 (May 25, 1995), 01CW29 (February 23, 2003), 17CW3030 (August 19, 2020), all in District Court, Water Division 7. Source: Four Mile Creek and its tributaries. Date of Appropriation: July 6, 1967. Amount: 40 cfs (conditional). (Each Co-Applicant owns 20 cfs.) Point of diversion: In 73-308D, the point of diversion is described as being on the West Bank of Four Mile Creek, a tributary of the San Juan River, at a point whence the northwest corner of Section 3, Township 36 North, Range 2 West, N.M.P.M. bears South 77º32’ West, a distance of 2,610 feet. The point of diversion is in the SESW of Section 35, T37N, R2W, NMPM, at approximately 318659E, 4140636N, UTM Zone 13, NAD83. See Exhibit A. Beneficial uses: Irrigation, industrial, municipal and domestic uses. Claim for Finding of Reasonable Diligence. 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: PAWSD. PAWSD diverted water for beneficial use from Four Mile Creek through the Dutton Ditch pipeline pursuant to its existing absolute right (total decreed rate: 10 cfs, amount owned by PAWSD: 8 cfs) that is senior to the subject conditional water right. Summary of maximum diversion rates by PAWSD during the diligence period: 2021: 5 cfs; 2022: 6 cfs; 2023: 8 cfs; 2024:4 cfs; 2025: 4 cfs; 2026: 5 cfs. PAWSD took numerous actions to ensure compliance with the terms of its USDA Forest Service Special Use Permit related to the Dutton Ditch Pipeline, including operation and maintenance of the diversion structure in a manner that ensures required bypass flows are sustained. PAWSD maintains a water enterprise fund to account for revenue and expenditures related to the operation, maintenance, and development of its water supply infrastructure (which excludes general fund and wastewater fund revenue and expenditures). During the diligence period, the records of the water enterprise fund reflect that PAWSD expended the following sums operating, maintaining, repairing, and developing its integrated water supply system, which includes the diversion and storage infrastructure used to exercise the subject water right: 2020: $5,144,130 2021: $5,645,248 2022: $6,832,277 2023: $11,570,915 2024: $29,389,922 2025 (approximate): $31,561,771 2026 (budgeted): $12,229,553 PAWSD prosecuted an application for a finding of reasonable diligence and to make absolute in part other conditional water rights in its raw water supply portfolio. PAWSD continued planning and negotiations with stakeholders to develop capital improvement projects to increase the functionality of Stevens Reservoir, which, if implemented, will allow PAWSD to utilize additional water from the Dutton Ditch pipeline system served by the subject water right. SJWCD. Engineering for Water Demand and Supply Planning. SJWCD spent approximately $265,691.32 during the diligence period for engineering analyses and water planning, including water supply and demand analyses for the SJWCD service area, evaluation of its portfolio of water rights, and structural options for meeting such demand. Diligence for Companion Water Rights. SJWCD spend approximately $5,301.50 obtaining a finding of diligence for other conditional water rights it owns. Strategic Planning. The SJWCD Board of Directors retained a consultant and developed and adopted a Strategic Plan in 2021 to identify issues, action items, and priorities for achieving its mission to be an active leader in all issues affecting the water resources of the Upper San Juan River Basin. The SJWCD Board of Directors has spent time at each of its meetings during this timeframe managing implementation actions for its Strategic Plan. Cooperative Funding for Community Water Research, Data Collection, Analysis, and Planning. SJWCD has participated in and contributed funding to projects by the Upper San Juan Watershed Enhancement Project, Growing Water Smart, San Juan Headwaters Forest Health Partnership, Geothermal Greenhouse Partnership, and Mountain Studies Institute, spending approximately $40,361.84. These projects are working with the local community to plan for, and implement, efforts to ensure water is available in a future warming and drying climate. Public Outreach in the District. SJWCD spent approximately $75,899.26 on public outreach to its constituents concerning water matters and planning. Water Information Program Partner. SJWCD spent approximately $16,500.00 as a partner in the Water Information Program administered by the Southwestern Water Conservation District. The WIP’s mission is to explain, promote, and publish objective and balanced information and educational workshops and festivals related to water in southwestern Colorado. Owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: USDA Forest Service, Pagosa Ranger District Office, 180 Pagosa Street Pagosa Springs, CO 81147. (6 pages including exhibit)
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. (317891)
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