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 September 2026, for Mineral County.
2026CW3028 Mineral County, (18CW3051) 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. Please direct all pleadings and correspondence 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 SURFACE WATER RIGHTS 2. Description of Conditional Surface Water Rights: All below conditional surface water rights were originally decreed on September 2, 2020; Case No. 18CW3051; District Court, Water Division No. 7. a. Warren Ditch: i. Legal Description: The headgate of the Warren Ditch is located in the SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331766m E, 4145364m N, Mineral County, Colorado. See Figure 1 and Figure 2, attached. ii. Source: West Fork of the San Juan River (“West Fork”). iii. Appropriation Date: December 31, 2018. iv. Amount: 2.0 c.f.s., conditional. v. Uses: Irrigation directly from the ditch, and storage in and filling of Warren Lake and Warren Pond, including the following in-reservoir uses: irrigation; stock watering; incidental wildlife; and year-round freshening of Warren Lake and Warren Pond. vi. Irrigated Area Description: Approximately 175 acres in the NW1/4, W1/2 of the NE1/4, N1/2 of the SW1/4 and NW1/4 of the SE1/4 of Section 20 Township 37 North, Range 1 East NMPM., with 170 acres being supplemental to the Canon Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150) and Pangborn Ditch (Priority #123). See Figure 3, attached. b. Canon Creek Ditch First Enlargement: i. Legal Description: SW1/4 NW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331309m E, 4145916m N, Mineral County, Colorado. See Figure 1 and Figure 2. ii. Source: Mountain Stream, also known as Canon Creek, tributary to the West Fork. iii. Appropriation Date: December 31, 2018. iv. Amount: 2.0 c.f.s., conditional. v. Uses: Irrigation directly from the ditch, and the storage in and filling of Warren Lake, including the following in-reservoir uses: stock watering; incidental wildlife; and year-round freshening of Warren Lake. c. Reach 2 Ditch: i. Legal Description: SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331920m E, 4145051m N; Mineral County, Colorado. See Figure 1 and Figure 2. ii. Source: West Fork. iii. Appropriation Date: August 10, 2009. iv. Amount: 1.63 c.f.s., conditional, when being used for irrigation; 0.24 c.f.s., conditional, when not being used for irrigation. v. Uses: Irrigation; stock watering; incidental wildlife; and year-round freshening of Reach 2 Ponds A through E, as described below. vi. Irrigated Area Description: Approximately 49 acres in the SE1/4 SW1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4, SW1/4 NE1/4, SE1/4 NE1/4, NW1/4 SE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 17 acres being supplemental to the Canon Creek Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150), and Pangborn Ditch (Priority #123). See Figure 3. d. Amy’s Ditch: i. Legal Description: SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N, 331897m E, 4145114m N; Mineral County, Colorado. See Figure 1 and Figure 2. ii. Source: West Fork. iii. Appropriation Date: December 31, 2018. iv. Amount: 2.0 c.f.s., conditional. v. Uses: Irrigation directly from the ditch, and the storage in and filling of Amy’s Lake, including the following in-reservoir uses: irrigation; stock watering; incidental wildlife; and year-round freshening of Amy’s Lake. vi. Irrigated Area Description: Approximately 15 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M. See Figure 3. e. Bootjack North Diversion: i. Legal Description: SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N, 331798m E, 4145416m N; Mineral County, Colorado. See Figure 1 and Figure 2. ii. Source: West Fork. iii. Appropriation Date: December 31, 2018. iv. Amount: 3.0 c.f.s., conditional. v. Uses: Irrigation directly from the ditch, and the storage in and filling of Bootjack North Augmentation Pond and Amy’s Lake, including the following in-reservoir uses: stock watering; incidental wildlife enhancement; and irrigation; and year-round freshening of Bootjack North Augmentation Pond and Amy’s Lake. vi. Irrigated Area Description: Approximately 34.1 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17, T.37N., R.1E., N.M.P.M., and the NE1/4NW1/4, NW1/4NE1/4 of Section 20, T.37N., R.1E., N.M.P.M., with approximately 11.9 acres being supplemental to the Campground Ditch (Priority #68-151), Dermody Pump (Priority #68-13), Wolf Creek Village Lake Well, and Jackson Spring and Seep. See Figure 3. II. CONDITIONAL UNDERGROUND WATER RIGHTS 3. Description of Conditional Underground Water Rights: All below conditional underground water rights were originally decreed on September 2, 2020; Case No. 18CW3051; District Court, Water Division No. 7. a. Reach 2 Ponds A through E: i. Legal Description: All in Section 20, T.37N., R.1E., N.M.P.M., in multiple quarter-quarter sections in Mineral County, as follows (See Figure 1 and Figure 2): (1) Reach 2 Pond A: NE1/4 NW1/4, UTM Zone 13N 331986m E, 4144923m N. (2) Reach 2 Pond B: NW1/4 NE1/4, UTM Zone 13N 332047m E, 4144806m N. (3) Reach 2 Pond C: SW1/4 NE1/4, UTM Zone 13N 332222m E, 4144563m N. (4) Reach 2 Pond D: SW1/4 NE1/4, UTM Zone 13N 332407m E, 4144259m N. (5) Reach 2 Pond E: SE1/4 NE1/4, UTM Zone 13N 332453m E, 4144278m N. ii. Source: Ground water tributary to the West Fork. iii. Surface area: 0.75 acres, cumulative, for all Reach 2 Ponds. iv. Total Capacity: 4.0 acre-feet, cumulative for all Reach 2 Ponds. v. Appropriation Date: August 10, 2009. vi. Uses: Piscatorial, fire-fighting, aesthetic, recreation, incidental wildlife, stock watering and evaporation. b. Warren Pond: i. Legal Description: SE1/4 SW1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 331739m E, 4145271m N, Mineral County, Colorado. See Figure 1 and Figure 2. ii. Source: Ground water tributary to the West Fork. iii. Surface Area: 0.26 acres. iv. Total Capacity: 2.0 acre-feet. v. Appropriation Date: December 31, 2018. vi. Uses: Piscatorial, fire-fighting, aesthetic, recreation, incidental wildlife, stock watering, and evaporation. III. CONDITIONAL STORAGE WATER RIGHTS 4. Description of Conditional Storage Water Rights: All below conditional storage water rights were originally decreed on September 2, 2020; Case No. 18CW3051; District Court, Water Division No. 7. a. Warren Lake: i. Legal Description: NE1/4 NW1/4, Section 20, T.37N., R.1E., N.M.P.M., Mineral County, UTM Zone 13N 331924m E, 4144885m N; Mineral County, Colorado. See Figure 1 and Figure 2. ii. Surface Area: 5 acres. iii. Total Capacity: The estimated total capacity is 66 acre-feet. (1) Active Capacity: 34 acre-feet. (2) Dead Storage: 32 acre-feet. iv. Type: Unlined, off-channel. v. Dam length: Approximately 1,400 feet. vi. Dam height: Approximately 10 feet. vii. Amount Claimed: 66 acre-feet per year, conditional, subject to as-built storage capacity, with a right to fill and successively refill at the following flow rates: (1) Warren Ditch: 2.0 c.f.s. (2) Canon Creek Ditch First Enlargement: 2.0 c.f.s. viii. Source: West Fork; Mountain stream tributary to West Fork. ix. Appropriation Date: December 31, 2018. x. Uses: Piscatorial, fire-fighting, irrigation, aesthetic, recreation, incidental wildlife and stock watering. xi. Irrigated Area Description: Approximately 175 acres in the NW1/4, W1/2 of the NE1/4, N1/2 of the SW1/4 and NW1/4 of the SE1/4 of Section 20 Township 37 North, Range 1 East N.M.P.M., with 170 acres being supplemental to the Canon Ditch (Priority #124), Himes Ditch (Priority #158), Himes Ditch Teal Enlargement (Priority #1968-150) and Pangborn Ditch (Priority #123). See Figure 3. b. Bootjack North Augmentation Pond: i. Legal Description: SW1/4, SE1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 332199m E, 4145272m N, Mineral County, Colorado. See Figure 1 and Figure 2. ii. Surface Area: 5 acres. iii. Total Capacity: The total capacity is approximately 50 acre-feet, conditional. iv. Type: Off-channel. Applicant may line this structure if necessary to avoid seepage or infiltration of groundwater. v. Amount Claimed: 50 acre-feet per year, conditional, subject to as-built storage capacity, with a right to fill and successively refill at the following flow rates: Bootjack North Diversion: 3.0 c.f.s. vi. Source: West Fork. vii. Dam length: Approximately 750 feet. viii. Dam height: Approximately 10 feet. ix. Appropriation Date: December 31, 2018. x. Uses: Augmentation of out of priority beneficial uses on the Bootjack Ranch, irrigation, fire-fighting, stock watering. xi. Irrigated Area Description: Approximately 21.1 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17, T.37N., R.1E., N.M.P.M., with approximately 11.9 acres being supplemental to the Campground Ditch (Priority #68-151), Dermody Pump (Priority #68-13), Wolf Creek Village Lake Well, and Jackson Spring and Seep. See Figure 3. c. Amy’s Lake: i. Legal Description: SW1/4 SE1/4, Section 17, T.37N., R.1E., N.M.P.M., UTM Zone 13N 332098m E, 4145057m N; Mineral County, Colorado. See Figure 1 and Figure 2. ii. Surface Area: 3.1 acres. iii. Total Capacity: 30 acre-feet. iv. Type: Unlined, off channel. v. Dam length: Approximately 440 feet. vi. Dam height: Approximately 10 feet. vii. Amount Claimed: 30 acre-feet per year, conditional, subject to as-built capacity, with a right to fill and refill successively at the following flow rates: (1) Amy’s Ditch: 2.0 c.f.s. (2) Bootjack North Diversion: 3.0 c.f.s. viii. Source: West Fork. ix. Appropriation Date: December 31, 2018. x. Uses: Piscatorial, incidental wildlife, fire-fighting, irrigation, aesthetic, recreation, and stock watering. xi. Irrigated Area Description: Approximately 13 acres in the SE1/4 SW1/4, SW1/4 SE1/4 of Section 17 and the NE1/4 NW1/4, NW1/4 NE1/4 of Section 20, T.37N., R.1E., N.M.P.M. See Figure 3. 5. 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 to maintain ditches and irrigation equipment. i. This includes repairing the headgates for the Warren Ditch, and Bootjack North Diversion. Applicant also repaired Amy’s Lake after the bank was breached during the October 2025 floods on the West Fork. b. Applicant engaged the water consulting firm SGM and has spent more than $71,000 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, 22CW3050, 26CW3023, and 26CW3024. c. 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, 22CW3050, 26CW3023, and 26CW3024. d. Applicant engaged Evergreen Pump and has spent more than $245,000 on pump upgrades and replacements, irrigation system parts, and automation projects. i. This includes part replacements, repairs, and more than $40,000 spent on the automation of the Warren Lake sprinkler system. e. Applicant engaged Mackey Construction and spent over $30,000 on flume and headgate fabrication and installation for water rights compliance. i. This includes a replacement flume, diversion box, and headgate for Amy’s and Bootjack North Augmentation Pond that were damaged by floods. f. Applicant engaged Mountain Valley Services and spent more than $756,000 on excavation work for pond and reach improvements, pump and pipeline installations, and structure work. g. Applicant engaged Summit Supply and spent more than $41,000 on pipe, pipe fittings and irrigation repair parts. 6. Claims to make conditional surface water rights absolute: a. Warren Ditch: i. Applicant has diverted water at the maximum decreed amount of 2.0 c.f.s. under the Warren Ditch water right. Diversion records with the Colorado Division of Water Resources, attached here as Table 1, specifically show a diversion of 2.96 c.f.s. on May 7, 2026. See Table 1. Applicant delivered that water to Warren Pond and Warren Lake for all decreed uses. b. Reach 2 Ditch: i. Applicant has diverted water at 0.24 c.f.s. when not being used for irrigation. Flume measurements show that 0.32 c.f.s. were diverted on September 16, 2026. See Table 1. Applicant delivered that water to Reach 2 Ponds A through E for stock watering; incidental wildlife; and freshening. c. Bootjack North Diversion: i. Applicant has diverted water at the maximum decreed amount of 3.0 c.f.s. under the Bootjack North Diversion water right to fill and freshen the Bootjack North Augmentation Pond and Amy’s Lake. Flume measurements show 5.54 c.f.s. was diverted on September 16, 2026. See Table 1. Applicant delivered that water to Amy’s Lake and the Bootjack North Augmentation Pond for freshening flows and replacing evaporation. 7. Claims to make conditional underground water rights absolute: a. Reach 2 Ponds A through E: i. Applicant constructed each of the Reach 2 Ponds in approximately 2006. Applicant has stored the full decreed amount of 4.0 acre feet since approximately 2011. See Table 2. b. Warren Pond: i. Applicant constructed the Warren Pond in approximately 2006. Applicant has stored the full decreed amount of 2.0 acre-feet since approximately 2011. See Table 2. 8. Claims to make conditional storage water rights absolute: a. Warren Lake: i. Applicant constructed Warren Lake to a volume of 40 acre-feet, and it has been filled since July 7, 2020. Bootjack has diverted water at the maximum decreed flow rates of the Warren Ditch (2.0 c.f.s.) to fill Warren Lake. See Table 2. b. Bootjack North Augmentation Pond: i. Applicant constructed the Bootjack North Augmentation Pond to a volume of 40.25 acre-feet, and it has been filled since at least May 18, 2022. Bootjack has diverted water at the maximum decreed flow rate of the Bootjack North Diversion (3.0 c.f.s.) to fill the Bootjack North Augmentation Pond. See Table 2. c. Amy’s Lake: i. Applicant constructed Amy’s Lake to a volume of 10.8 acre-feet, and it has been filled since at least May 18, 2022. Bootjack has diverted water at the maximum decreed flow rate of the Bootjack North Diversion (3.0 c.f.s.) to fill Amy’s Lake. See Table 2. 9. 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: 10. 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) Cannon Creek Ditch First Enlargement: 2.0 c.f.s., conditional, for all decreed beneficial uses. b) Reach 2 Ditch: 1.63 c.f.s., conditional, for irrigation. c) Amy’s Ditch: 2.0 c.f.s., conditional, for all decreed beneficial uses. d) Warren Lake: 26 acre-feet per year, conditional, for fill and refill successively at the max flow rates of 2.0 c.f.s. through Warren Ditch. e) Bootjack North Augmentation Pond: 9.75 acre-feet per year, conditional, for fill and refill successively at a max flow rate of 3.0 c.f.s. through Bootjack North Diversion. f) Amy’s Lake: 19.20 acre-feet per year, conditional, for fill and refill successively at the max flow rates of 2.0 c.f.s. through Amy’s Ditch and 3.0 c.f.s. through Bootjack North Diversion. 11. Making the following conditional rights absolute: (a) Warren Ditch: 2.0 c.f.s., absolute, for all decreed beneficial uses. (b) Reach 2 Ditch: 0.24, absolute, when not being used for irrigation, for all decreed beneficial uses. (c) Bootjack North Diversion: 3.0 c.f.s., absolute, for all decreed beneficial uses. (d) Reach 2 Ponds A through E: 4.0 acre-feet, cumulative for all Reach 2 Ponds, absolute, for all decreed beneficial uses. (e) Warren Pond: 2.0 acre-feet, absolute, for all decreed beneficial uses. (f) Warren Lake: 40 acre-feet per year, absolute, for fill and refill successively at the max flow rates of 2.0 c.f.s. through Warren Ditch. Applicant’s remaining decreed 26 acre-feet per year will continue to be conditional. (g) Bootjack North Augmentation Pond: 40.25 acre-feet per year, absolute, for fill and refill successively at a max flow rate of 3.0 c.f.s. through Bootjack North Diversion. Applicant’s remaining decreed 9.75 acre-feet per year will continue to be conditional. (h) Amy’s Lake: 10.8 acre-feet per year, absolute, for fill and refill successively at the max flow rates of 2.0 c.f.s. through Amy’s Ditch and 3.0 c.f.s. through Bootjack North Diversion. Applicant’s remaining decreed 19.20 acre-feet per year will continue to be conditional. 12. In the event the Court does not make the foregoing rights absolute, then continuing their conditional status until the next diligence application. 13. To the extent Applicant exercises the remaining conditional portions of the Cannon Creek Ditch First Enlargement, Reach 2 Ditch, Amy’s Ditch, Warren Lake, Bootjack North Augmentation Pond, and Amy’s Lake during the pendency of this case, Applicant requests that the Court decree those additional portions absolute as well. 14. Granting such other relief as the Court deems just and proper. (18 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. 2 nd 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. (320789)
>