DISTRICT COURT, WATER DIVISION 7, COLORADO
WATER RESUME
(This publication can be viewed in its entirety on the state court website at:
www.courts.state.co.us).
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 a portion of all water right applications filed in the Office of the Water Clerk during the month of December 2024, for Archuleta County.
2024CW3044 Archuleta County. Application for Absolute Storage Water Right. Applicant: Pagosa Landing LLC, c/o Christopher L. Geiger & Blake C. Peterson, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; (970) 945-6546. Applicant requests an absolute water storage right for the Pagosa Landing Pond. The location of Pagosa Landing Pond is depicted on Exh. A, on file with the Water Ct. Legal Description: The dam center point of the reservoir is located SW1/4 NE1/4 of Sec. 16, T. 35 N., R. 2 W., N.M.P.M. Also described as UTM Zone 13, NAD83, Easting 317,343 m and Northing 4,127,044 m. Source: Surface flows, runoff, and precipitation in an unnamed tributary to Stollsteimer Creek, tributary to the Piedra River. Approp.: 9/25/2008. How Approp. was Initiated: Pagosa Landing Pond existed in its present location and size when the Mountain View Estates Minor Subdivision Plat was recorded with the Archuleta Cty C&R on 9/25/2008, as Rec. No. 20807714. This recorded plat is constructive notice of the approp. and existence of Pagosa Landing Pond. Applicant purchased the property on which Pagosa Landing Pond is located on 3/8/2022. The existence of Pagosa Landing Pond on the property was a valued asset acquired in the purchase. Date of Beneficial Use: 9/25/2008. Uses: Irr., livestock, piscatorial, wildlife watering, rec., and incidental aesthetic use, with the right to fill and refill continuously in priority. Acres historically irrigated: 0 acres. Acres proposed to be irrigated: 10.3 acres. Legal description of acreage irrigated or to be irrigated: Parcel 1, Tops Mountain View Estates Minor Subdivision, according to the corrected plat recorded in the records of the Archuleta Cty C&R as Rec. No. 20807714 and located in the NW1/4 NE1/4, and NE1/4 NE1/4 of Sec. 16, T. 35 N., R. 2 W., N.M.P.M, as further depicted on Exh. B. Rate of Diversion for Filling Pond: 1.1 c.f.s. Amt.: 30.5 AF, with the right to fill and refill continuously in priority. Dead Storage: 30.5 AF. Surface Area: 5.34 surface acres. Characteristics of Dam: Height -10 ft, Length - 510 ft. Owner of land on which new or modified diversion or storage structure or storage pool is or will be located or upon which water is or will be stored: Applicant and Mountain Vista Townhome Association, Inc., 147 Wildwood Dr. #21, Pagosa Springs, CO 81147. (6 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 February 2025, 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 January 31, 2025
Published January 16, 2025 in The Pagosa Springs SUN. (255261)