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).
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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 the resume of all water right applications filed in the Office of the Water Clerk during the month of September 2026, for Archuleta County.
2026CW3029 Archuleta County, Application for Alternate Points of Diversion, To Make Absolute, and for a Finding of Reasonable Diligence for Surface and Underground Water Rights. 1. Applicants: Alpine Lakes Ranch Property Owners Association, Inc. and Alpine Lakes Ditch and Reservoir Company, Inc., both of 17774 Hwy 84, Pagosa Springs, CO 81147, c/o Jeff Kane, Southwest Water and Property Law LLC, 679 E 2nd Ave Unit 10, Durango, CO 81301;
jkane@swpropertylaw.com; (970) 422-5512. 2. Prior Decrees, Appropriation Date, Source, Use, Integrated System, Augmentation Plan and Location Map for All Water Rights in this Application: Applicants operate a central water supply system for the Alpine Lakes Ranch subdivision in Archuleta County for which these water rights are the primary source of supply. Each of these water rights was originally decreed in Case No. 97CW74 (Dec. 15, 1998) with an appropriation date of March 29, 1996, and portions were made absolute and diligence entered in Case Nos. 04CW83, 12CW35, and 19CW26, all in Water Division 7. The source for each water right is water tributary to the Navajo River, including from Spence Creek and Coyote Creek. Each water right has the following decreed use: in the central domestic water supply system for Alpine Lakes Ranch, including uses for domestic, livestock, irrigation of lawns, gardens, shrubs and trees, and fire protection purposes. Irrigation through the central domestic water supply system will include no more than 3,000 square feet per lot, for a maximum of 218 lots, for a total proposed irrigated acreage of no more than 15 acres. Each structure is a feature of an integrated system within the meaning of C.R.S. § 37-92-301(4)(b). Each is also subject to the augmentation plan decreed in Case No 96CW21. The location of each water right is shown on a map filed with the Application. 3. Surface water right for finding of reasonable diligence requested: A. Structure: Central Supply Intake at Spence Reservoir. B. Location: in the SW1/4 NE1/4 of Sec 8, T 33N, R 1E, NMPM, at a point 1,900 feet west of the east section line and 2,150 feet south of the north section line of said Sec 8. C. Amount: 1.0 cfs, conditional. 4. Description of conditional underground water rights for which Applicants request to confirm alternate points of diversion, to make a portion absolute, and for entry of a finding of reasonable diligence: A. Structure names, well permit nos., and amounts: i. ALR Well No. 1 (Permit No. 46660-F): 10 gpm, absolute; ii. ALR Well No. 2 (Permit No. 46659-F-R): 5 gpm, absolute; iii. ALR Well No. 3 (Permit No. 84590-F), 25 gpm, conditional; iv. Mesa Well No. 1 (Permit No. 49735-F): 25 gpm, conditional; v. Mesa Well No. 2 (Permit No. 53347-F): 1 gpm absolute, 24 gpm, conditional; vi. Mesa Well No. 5 (Permit No. 49740-F): 1 gpm absolute, 24 gpm, conditional; vii. Alpine Meadows Well No. 1 (Permit No. 65300-F): 40 gpm conditional; viii. Alpine Meadows Well No. 2 (Permit No. 65301-F): 50 gpm, conditional. B. Locations: i. ALR Well No. 1: in the SE1/4 NW1/4 of Sec 20, T 33N, R 1E, NMPM approximately 1,503 feet from the north section line and 1,575 feet from the west section line; ii. ALR Well No. 2: in the SE1/4 NW1/4 of Sec 20, T 33N, R 1E, NMPM approximately 1,677 feet from the north section line and 1,592 feet from the west section line. iii. ALR Well No. 3: in the SE1/4 NW1/4 of Sec 20, T 33N, R 1E, NMPM approximately 1,900 feet from the north section line and 1,630 feet from the west section line. iv. Mesa Well No. 1: in the SE1/4 NE1/4 of Sec 11, T 32N, R 1W, NMPM, approximately 1,750 feet from the north section line and 500 feet from the east section line. v. Mesa Well No. 2: in SW1/4 NE1/4 of Sec 6, T 32N, R 1E, NMPM, approximately 1,600 feet from the east section line and 2,600 feet from the north section line. vi. Mesa Well No. 5: in the NW1/4 SE1/4 of Sec 6, T 32N, R 1E, NMPM, approximately 1,675 feet from the east section line and 2,600 feet from the south section line. vii. Alpine Meadows Well No. 1: in the SE1/4 SE1/4 of Sec 8, T 33N, R 1E, NMPM, approximately 800 feet from the south section line and 850 feet from the east section line. viii. Alpine Meadows Well No. 2: in the NE1/4 SE1/4 of Sec 8, T 33N, R 1E, NMPM, approximately 1,705 feet from the south section line and 1,230 feet from the east section line. C. Date and amount of water applied to beneficial use in Applicants’ central water supply system: i. ALR Well No. 1: July 15, 1996, at 10 gpm (Case No. 97CW74); ii. ALR Well No. 2: July 15, 1996, at 5 gpm (Case No. 97CW74); October 3, 2023, at 12 gpm (this Application); iii. ALR Well No. 3: October 20, 2020, at 12 gpm (this Application); iv. Mesa Well No. 2: September 22, 1996, at 1 gpm (Case No. 04CW83); v. Mesa Well No. 5: January 15, 2002, at 1 gpm (Case No. 04CW83); vi. Alpine Meadows Well No. 1: September 26, 2002, at 7 gpm (this Application); vii. Alpine Meadows Well No. 1A: June 10, 2020, at 9 gpm (this Application); viii. Alpine Meadows Well No. 2: September 26, 2002, at 9 gpm (this Application). 5. Description of underground water right structure constructed as an alternate point of diversion for Alpine Meadows Well No. 1: A. Structure: Alpine Meadows Well No. 1A (Permit No. 83924-F). B. Location: in the NE1/4 SE1/4 of Sec 8, T 33N, R 1E, NMPM, approximately 1,735 feet from the south section line and 1,042 feet from the east section line; UTM 334533E, 4108730N, Zone 13. C. Date and amount of water applied to beneficial use in Applicants’ central water supply system: June 20, 2010, in the amount of 9 gpm. 6. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the diligence period: A. Applicants spent approximately $139,824 on consultants and vendors to complete well and pump servicing and replacement, well engineering, well drilling, and investigations and planning for increasing the capacity of Applicant’s central water supply system, including for the construction of the additional structures described above. B. Applicants retained legal counsel, at a cost of approximately $3,150 for advice concerning the administration and adjudication of Applicants’ water rights and augmentation plan. C. Applicants completed additional wells and placed them to beneficial use in their central water supply system as follows: i. ALR Well No. 2: October 3, 2023, at 12 gpm (this Application; 5 gpm previously decreed absolute); ii. ALR Well No. 3: October 20, 2020, at 12 gpm; iii. Alpine Meadows Well No. 1: September 26, 2002, at 7 gpm. iv. Alpine Meadows Well No. 1A: June 10, 2020, at 9 gpm. v. Alpine Meadows Well No. 2: September 26, 2002, at 9 gpm. 7. Applicants’ requested findings and relief: A. Entry of a decree confirming that Applicants have been reasonably diligent in completing the appropriation of the Central Supply Intake at Spence Reservoir surface water right and continuing the conditional amount of 1.0 cfs for an additional six years. B. Entry of a decree confirming that ALR Well No. 2 is an alternate point of diversion for ALR Well No. 1. C. Entry of a decree confirming that ALR Well No. 3 has been constructed and water placed to beneficial use for all decreed uses in the amount of 12 gpm and Applicants have been reasonably diligent in completing this appropriation right and continuing the remaining conditional amount of 13 gpm for an additional six years. D. Entry of a decree confirming that that Applicants have been reasonably diligent in completing the appropriation for Mesa Well Nos. 1, 2, and 5 and continuing the remaining conditional amounts of 25 gpm, 24 gpm, and 24 gpm, respectively, for an additional six years. E. Entry of a decree confirming that (i) 7 gpm of the Alpine Meadows Well No. 1 water right has been placed to beneficial use for all decreed uses, (ii) Alpine Meadows Well No. 1A is alternate point of diversion for the Alpine Meadows Well No. 1 water right (these wells are located approximately 520 feet apart and there are no intervening water rights or structures) and 9 gpm from this well has been placed to beneficial use for all decreed uses, and (iii) Applicants have been reasonably diligent in completing this appropriation and continuing the remaining conditional portion of the Alpine Meadows Well No. 1 water right in the amount of 24 gpm for an additional six years. F. Entry of a decree confirming that (i) 9 gpm of the Alpine Meadows Well No. 2 water right has been placed to beneficial use for all decreed uses and (ii) Applicants have been reasonably diligent in completing this appropriation and continuing the remaining conditional portion of the Alpine Meadows Well No. 2 water right in the amount of 41 gpm for an additional six years. The requested alternate points of diversion will result in no expansion in the amount or location of use of the water rights decreed in Case No. 97CW74, are within the original contemplated draft of Applicants’ conditional water rights decreed in Case No. 97CW74, and are within the same lands and have the same groundwater sources decreed in Case Nos. 97CW74 and 04CW83. 8. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure will be constructed or upon which water is or will be stored: seven landowner names and addresses are included in the Application, each being a member or shareholder of Applicants. Notice of this Application will be given in the manner required by law. (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 November 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 October 31, 2026
Published October 22, 2026, in The Pagosa Springs SUN. (320759)
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