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 Archuleta
County.
2026CW3026 (ref. 17CW3014, 83CW145, et al.); ARCHULETA COUNTY; APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART; Name, address, and telephone number of Applicant: Pagosa Area Water and Sanitation District (“District”) 100 Lyn Ave Pagosa Springs, CO 81147 (970) 731-2691 Please direct all correspondence to Law of the Rockies Kendall K. Burgemeister, Atty. Reg. #41593 525 North Main Street Gunnison, CO 81230 970-641-1903,
kburgemeister@lawoftherockies.com. Summary of Application. The District seeks to make a conditional water right for the San Juan River Intake absolute in part, and a finding of reasonable diligence for the portion not made absolute. Description of the subject conditional water right: Name of Structure: San Juan River Intake. Original Decree: 83CW145 (November 14, 1984, District Court, Water Division 7). Relevant Subsequent Decrees: Findings of reasonable diligence were decreed in Case Nos. 88CW101 (April 27, 1989), 94CW94 (July 19, 1995), 01CW42 (August 6, 2002), 08CW62 (March 24, 2011), and 17CW3014 (August 26, 2020), all in the District Court, Water Division 7. The District’s ownership was reduced in 97CW51, and alternate points of diversion were adjudicated in 99CW71 (APD #2 was abandoned in 17CW3014). Source: San Juan River. Date of Appropriation: December 19, 1983.
Amount: 15.06 cfs conditional, 1.52 cfs absolute. Location of point of diversion: On the west bank of the San Juan River, at a point bearing North 65°17'33" East, 1177.8 feet from the southwest corner of Section 36, Township 35 North, Range 2 West of the N.M.P.M. in the County of Archuleta, State of Colorado; alternatively described as located in the SE1/4SW1/4SW1/4 of said Section 36, 321007E, 4121030N, UTM Zone 13, NAD 83. Beneficial uses: Direct flow or storage for all municipal, commercial, industrial, domestic, irrigation, recreation, piscatorial, wildlife propagation, and all other municipal uses. Claim to Make Absolute. The District owns the following water rights decreed for diversion at the San Juan River Intake (a/k/a San Juan River Intake Alternate Point #1, WDID 2901006): A.D. Archuleta Ditch, Admin No. 16181.00000, 2.5cfs, and Admin No.16954.00000, 1.0 cfs; Keith Ditch, Admin No.17380.00000. 1.0 cfs; Pagosa Lumber Co. Ditch #1, Admin No. 19012.15493, 2.0 cfs; the above rights are limited to a combined 105.11 acre-feet of consumption per year; San Juan River Intake, Admin No.45077.00000, 0.8 cfs (Absolute in 22CW3011); San Juan Raw Water Storage Reservoir, Admin No.45077.00000, 12.0 cfs rate of fill, 250 acre-feet (cond.); San Juan Recreation Reservoir, Admin No.45077.00000, 12.0 cfs rate of fill; San Juan River Intake, Admin. No. 48930.00000, 1.52 (Abs), 15.06 (Cond). The Districts owns 6.5 cfs of absolute water rights that are limited to 105.11 acre-feet of depletions to the San Juan River per year. During many days in the diligence period, the District diverted water through the San Juan Intake for delivery to its water treatment plant at a rate of 6 cfs, including on days after the 105.11 acre-feet limit was met. Because the water was delivered directly to the water treatment plant, it cannot be allocated to the San Juan Raw Water Storage Reservoir and San Juan Recreation Reservoir water rights listed above. Therefore, the 6 cfs of diversions would be allocated first to the 0.8 cfs absolute water right senior to the subject right, and then to the 1.52 cfs portion of the subject right that is already absolute. 3.68 cfs was diverted under the conditional portion of the subject water right. Therefore, the District seeks to make the subject water right absolute for an additional 3.68 cfs. Diversion records are attached as Exhibit B. 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: The District diverted water pursuant to the subject conditional water rights throughout the diligence period, including the diversions described in paragraph 4, above. 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 Exhibit C is a list of specific expenditures on the San Juan water treatment plant, which treats water diverted by the San Juan River Intake. Exhibit D is a list of specific expenditures on upgrades to the San Juan River Intake. 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: Alpine Cascade Corporation, P.O. Box 4490, Pagosa Springs, CO 81157-4490. (17 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, by The Pagosa Springs SUN. (317914)
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