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Gunnison Legals

—REVISED PRELIMINARY AGENDA: Friday, December 14, 2007—
GUNNISON COUNTY PLANNING COMMISSION

8:45 a.m.    • Call to order; determine quorum
    • Approval of Minutes
    • Unscheduled citizens: A brief period in which the public is invited to make general comments or ask questions of the Commission or Planning Staff about items which are not scheduled on the day’s agenda. 9:00 a.m.    **Pomponio Site Visit Cancelled
    Pomponio Subdivision, work session/no action, request for subdivision of 37-acre parcel into two lots, a 13-acre parcel and 24-acre parcel, located at 11322 Hwy 50, 40-miles west of the City of Gunnison.
9:30 a.m.    Break
9:45 a.m.    **Planning Commission, work session/no action, discussion of planning issues
11:00 a.m. Planning Commission work session/possible action, discussion; letter to BOCC regarding essential housing linkage fee
11:45 a.m.    Lunch
Noon    Roper Subdivision, work session/no action, proposed subdivision for three single-family residential lots, located eight miles north of the City of Gunnison, east of the Gunnison River
1:00 p.m.    Button/Wallace, work session/possible action, Amended application to subdivide 35-acre parcel into two lots; a 15 acre parcel and a 20 acre parcel.  Tract 4, The Ridge at Crested Butte, north of Crested Butte South, adjacent to CB South, Filing 4.
**Whetstone Business Park, Work Session Postponed – Rescheduled to January 11, 2008
Adjourn
NOTE: Unless otherwise noted, all meetings are conducted in the Blackstock Government Center Meeting Room at 221 N. Wisconsin St. in Gunnison, across the street from the Post Office.  This is a preliminary agenda; agenda times may be changed by the staff up to 24 hours before the meeting date. If you are interested in a specific agenda item; you may want to call the Planning Department (641-0360) ahead of time to confirm its scheduled time. Anyone needing special accommodations, please contact the Planning Department before the meeting.
Published in the Crested Butte News. Issue of December 14, 2007. #121416
 
—UPCOMING AGENDA ITEMS—
tuesday, December 18, 2007
GUNNISON COUNTY BOARD OF COMMISSIONERS
MEETING TO BE HELD IN THE COMMISSIONER’S MEETING ROOM 
AT THE COURTHOUSE (UNLESS OTHERWISE NOTED)
• Consent Agenda
    • Acknowledge County Manager Birnie Signature; Consulting Services Agreement, Kintera FundWare
    • Resolution; Establishing the Schedule of Fees and Rates for Water Service within the Dos Rios Division of the Gunnison County Water and Sewer District
    • Resolution; Establishing the Schedule of Fees and Rates for Sewer Service within the Dos Rios Division of the Gunnison County Water and Sewer District
    • Resolution; Establishing the Schedule of Fees and Rates for Sewer Service within the Antelope Hills Division of the Gunnison County Water and Sewer District
    • Resolution; Establishing the Schedule of Fees and Rates for Sewer Service within the Somerset Division of the Gunnison County Water and Sewer District
    • Resolution; Establishing the Schedule of Fees and Rates for Sewer Service within the North Gunnison Division of the Gunnison County Water and Sewer District
    • Corporate Membership Agreement; Curves
    • Intergovernmental Agreement; 2008 Noxious Weed Control Agreement between the County and the Town of Crested Butte
• Intergovernmental Agreement; Town of Marble for Snow Removal
• Warrants and Transfers
• Treasurer’s Monthly Report
• Department of Motor Vehicles Hours of Operation
• Lot Cluster; Sinclair Buckstaff, Jr. and Dee A. Buckstaff – Lots 3,4,5,14,15,16 Block 6, Irwin Townsite
• Minor Impact Subdivision; Final Approval, Curtis Allen and Kim Barz
• Final Review and Approval; Two-Lot Subdivision, Tract 4, The Ridge, Crested Butte, Jocelyn Wallace and Tim Button
• Resolution; High Cimarron, LLC., Support of Wireless Service
• Contract Extension; QinetiQ
• House Bill 1177 Update; Dennis Steckel
• Public Hearing; Community Services Block Grant
• Gunnison/Hinsdale Board of Human Services
• Library District:
    • Resolution; Creation of the Library District
    • Intergovernmental Agreement
NOTE: This is a list of items tentatively scheduled for the Commissioner’s agenda. Items may be added up to 24 hours prior to the meeting, or deleted at any time. A final agenda will be prepared after the publication deadline for the newspaper. For further information or confirmation of specific times on the agenda, please contact the County Administration Office at 641-0248.
Published in the Crested Butte News. Issue of December 14, 2007. #121419.
 
—AGENDA—
Monday, December 10, 2007
Gunnison County Metropolitan Recreation District
Blackstock Government Center
221 N. Wisconsin Street, Gunnison, CO
I.    Call to Order/Agenda Approval    6:00 p.m.
II.    Public Comment  6:05 p.m.
III.    Television Translator System    6:30 p.m.
    A.  Technician’s Report
        1.  System Map/Discussion
    B.  Crested Butte South – Site Lease/Relocation
    C.  Monarch Pass – Upgrade Status
    D.  Translator System – User Cost analysis Discussion
    E.  Steuben Creek Cable System
IV.    2008 Budget/Mill Levy Certifications  7:30 p.m.
    A.  Budget Adoption
    B.  Resolution to Appropriate Sums
    C.  Resolutions to Set Mill Levies/Mill Levy Certifications
    D.  Transmittal Letter to DLG
V.    Financial  7:45 p.m.
    A.  Accounts Payable
    B.  Fund Transfer – Investment to Checking
    C.  Dish Network AutoPay
VI.    Current Agenda Items 7:45 p.m.
    A.  Discovery Communications Contract
    B.  2008 Grant Funding:  Forms/Advertising
    C.  Future Agenda Items
        1.  Cable System Policy
        2.  Letter to Saguache County Commissioners (Opt out of District)
        3.  City of Gunnison – Agreement for Fund Disbursement (Pool)
        4.  Insurance Policy Review
        5.  2008 Election
VII.    Adjournment    8:15 p.m.
Agenda Subject to Revision
Published in the Crested Butte News. Issue of December 14, 2007. #121415.
 
—NOTICE OF A JOINT PUBLIC HEARING—
CONCERNING A LAND USE CHANGE APPLICATION FOR POMPONIO
FOR THE SUBDIVISION OF A 37
HEARING DATE, TIME AND LOCATION:  The Gunnison County Board of Commissioners and the Planning Commission on January 11, 2008 at 11:00 a.m. in the Planning Commission Meeting Room, 2nd Floor, Blackstock Government Center, 221 N. Wisconsin, Gunnison, Colorado, to hear public comment concerning a land use change permit application for the subdivision of a 37-acre tract into a 13-acre parcel and a 24-acre parcel.
APPLICANT:  The applicant is Patrick Pomponio.
PARCEL LOCATION: The parcel on which the land use change is proposed is located approximately 28 miles west of the City of Gunnison at 11322 Hwy 50.  The parcel is legally described as 37 acres in the SW1/4 NW1/4, Section 6, Township 48 North, Range 4 West, N.M.P.M. 
PROPOSAL:  The applicant proposes to subdivide a 37-acre parcel into a 13-acre parcel and a 24-acre parcel.  The 24-acre parcel is to be served by a spring; the 13-acre parcel may be served by either a spring or an individual well.  There is an existing single-family residence on the 24-acre parcel; the applicant proposes to allow a single-family residence on the 13-acre parcel.
PUBLIC PARTICIPATION: The public is invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO  81230), so long as they are received by 5 p.m. the afternoon before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the application is available in the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO; additional information may be obtained by calling the Planning Department (970) 641-0360.
ADA ACCOMMODATIONS:  Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the hearing.
/s/ Cathie Pagano
Planner
Published in the Crested Butte News. Issue of December 14, 2007. #121413
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW179 (REF NO. 00CW135).  Applicant:  Spenst Hansen, P.O. Box 190, Eureka, UT, 84628.  Application for Finding of Diligence:  Pratt Spring – SE 1/4 SE 1/4 NE 1/4 of Section 34, T12S, R86W, 6th PM.  3,100 feet north from the south line and 300 feet east from the west section line.  Source:  East River.  Appropriation Date:  10/20/2001.  Amount Claimed:  .10 cfs conditional for mining and domestic use.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121413
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW178 (REF NO. 04CW201).  APPLICATION FOR CHANGE OF CONDITIONAL WATER STORAGE RIGHT, AND TO MAKE ABSOLUTE WATER STORAGE RIGHT.  I.  NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANT:  Henderson Creek, LLC, 21759 Cabrini Blvd., Golden, Colorado 80401, 303-526-9126.   NAME , ADDRESS, AND TELEPHONE NUMBER OF APPLICANT’S ATTORNEY:  Chris D. Cummins, #35154 FELT, MONSON & CULICHIA, LLC, 319 N. Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212.    II.  APPLICATION FOR CHANGE OF CONDITIONAL WATER RIGHT:  A.  Decreed name of structure for which change is sought: Henderson Creek, LLC Pond D.  B.  From Previous Decree in 04CW201:  1.  Name of Structure: Henderson Creek, LLC Pond D (AHCL Pond D@).  2. Legal Description of Decreed Location of Center of Dam:  In the NE1/4 NW1/4 of Section 11, Township 11 South, Range 90 West, 6th P.M., approximately 1,800 feet from the west section line of said Section 11 and 1,050 feet from the north section line of said Section 11. (See attached Figure 1 Map).  3. Source:  The HCL Pond D is to be supplied by the Henderson Creek Diversion and by the HCL Spring absolute water rights, as decreed in 04CW201.  4.  Initiation of Appropriation: The intent to appropriate water for the HCL Pond D was first evidenced by the Applicant’s hiring of a hydrological expert to investigate the feasibility and engineering required for the augmentation plan herein on approximately October 31, 2003.   5.  Amount Claimed:  HCL Pond D was conditionally decreed for a capacity of approximately 3.80 acre feet, conditional.  6.  Use:  The HCL Pond D is conditionally decreed solely for augmentation purposes to augment the out of priority evaporative losses from storage structures decreed in 04CW201, and for storage of such water.  It will be filled and refilled when storage can occur in priority or when augmented by off site sources.  7.  Surface Area:  The HCL Pond D is conditionally decreed for a maximum surface area of approximately 0.95 acres, with a dam height of 10 feet, and a maximum dam length of 100 feet.  8.  Total Capacity: The HCL Augmentation Pond is conditionally decreed for a total capacity of 3.80 acre feet, all of which shall be active capacity and none of which shall be dead storage.  C. Proposed Change of Water Right.  1.  Location of Structure: The decreed location of HCL Pond D in 04CW201 proved infeasible for construction due to proximity to existing roadways, ponds and other physical features.  Applicant, with the assistance of a consulting engineer, selected an alternate location, and constructed the HCL Pond D in a manner consistent with the intent of the 04CW201 conditional decree at such alternate point.  Applicant seeks only a change in the physical location of HCL Pond D and minor changes to the construction specifications of the same.  2.  Legal Description of As-Built Location of Center of Dam:   GPS location of the center of the dam for HCL Pond D is as follows: NAD 83, UTM 13S, Easting 0291164, Northing 4332943.  This GPS location is approximately described as being within the NE1/4 NE1/4 NW1/4 of Section 11, Township 11 South, Range 90 West, 6th P.M. approximately 2,394 feet from the west line of said Section 11, and approximately 408 feet from the north line of said Section 11. (See attached Figure 1 Map).  3.  Specifications of As-Built HCL Pond D: The maximum surface are of HCL Pond D, as constructed is 0.95 acres, with a maximum capacity of 3.80 acre feet, as conditionally decreed in 04CW201.  All storage within HCL Pond D is live, and the structure includes a valved drain, a culvert and floodway, staff gaging, and a 30 mil liner.  The length of the dam is approximately 120 yards, being located on the southwesterly edge of the pond.  The maximum height of the dam as constructed is approximately 10 feet.  Such changes to the physical specifications of the structure were necessitated by the changed location of HCL Pond D, but have no effect on the decreed storage capacity or surface area.  The as-built location of HCL Pond D is a short distance from the conditionally decreed location of HCL Pond D, being approximately 960 feet to the northeast, with no intervening water rights, and therefore no resulting injury as a result of the requested change of location.  4. Applicant and its principals are the owners of all land upon which the HCL Pond D is constructed and form which use of the HCL Pond D shall be made.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121412
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW169 (REF NO. 01CW64). APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE CRESTED BUTTE HIGHLANDS ASSOCIATION. IN GUNNISON COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 4, STATE OF COLORADO, 1200 North Grand Avenue, Montrose, CO  81401. 1. Name, Address and Telephone Number of Applicant: Crested Butte Highlands Association, c/o John Taylor, P.O. Box 2121, Crested Butte, CO  81224, (303) 444-0993. Direct all pleadings to: Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO  80302, (303) 443-6800. 2. Names of Structures: Sixteen residential wells (the "Residential Wells"), one well located on each of the sixteen lots that comprise the Crested Butte Highlands Subdivision (the "Subdivision").  The number of each Residential Well specifically referenced herein corresponds to the lot number of the Subdivision within which the well is located. 3. Description of Conditional Water Rights: A. Decrees:  Conditional water rights were originally adjudicated for the residential Wells in the Judgment and Decree entered by the District Court in and for Water Division No. 4, State of Colorado (the "Water Court") on December 8, 1986 in Case No. 84CW196.  In Case Nos. 92CW202 and 01CW64, the Water Court ruled that Well Nos. 2, 5, 9, and 11-15 had been made absolute in the amounts set forth below in paragraph 3.E and found that Applicant was diligent in its efforts to apply to beneficial use all remaining amounts decreed to the Residential Wells.  B. Decreed Location:  One of the Residential Wells is located within each of the sixteen lots comprising the Subdivision, which consists of 246 acres in portions of the N 1/2 of Section 21 and the SW 1/4 of Section 16, all in T. 14 S., R. 85 W., of the 6th P.M., County of Gunnison, State of Colorado.  A map depicting the Crested Butte Highlands Subdivision is attached hereto as Exhibit A. C. Source:  The source of water for the Residential Wells is groundwater tributary to the East River, which is tributary to the Gunnison River. D. Appropriation Date:  The Residential Wells have an appropriation date of November 30, 1984. E. Amount: Each of the Residential Wells were originally decreed for 15 g.p.m. conditional for a total of 240 g.p.m.  The following Residential Wells have since been decreed absolute for the following amounts: Well No. 2 (2.5 g.p.m.); Well No. 5 (3.5 g.p.m.); Well No. 9 (15 g.p.m.); Well No. 11 (15 g.p.m.); Well No. 12 (3 g.p.m.); Well No. 13 (10 g.p.m.); Well No. 14 (15 g.p.m.); and Well No. 15 (15 g.p.m.). F. Use:  The Residential Wells serve domestic and irrigation uses on each of the sixteen lots. G. Remarks:  The Residential Wells operate under an augmentation plan approved by the Water Court in Case No. 84CW196.  In addition, pursuant to the Water Court decree in Case No. 85CW281, the Residential Wells were adjudicated as alternate points of diversions for various spring water rights decreed by the Water Court in Case Nos. W-1597 and W-1598.  Further, in 2007, Applicant acquired an additional one acre-foot (AF) of augmentation water from the Aspinall unit storage water, which is the subject of the augmentation plan in Case No. 03CW49, Water Division No. 4.  4. Request to Make Absolute a Portion of the Subject Conditional Water Rights. During this diligence period, an additional three of the conditional Residential Wells have been permitted and drilled, with well pumps installed.  The following new wells are fully operational, and have been or will be applied to beneficial use at the listed pumping rates:
    Well/Lot No.    Permit No.        Pumping Rate
    Well No. 4    065723-F        5 g.p.m
    Well No. 6    049621-F        15 g.p.m.
    Well No. 8     054448-F        15 g.p.m.
Accordingly, Applicant requests that the following conditional water rights be made absolute for domestic and irrigation purposes for the amounts indicated below:
    Well No. 4 for 5 g.p.m.
    Well No. 6 for 15 g.p.m.
    Well No. 8 for 15 g.p.m.
5. Detailed Outline of Work Done to Complete Project and Apply Water to Beneficial Use: The Residential Wells are part of an integrated water supply system that provide a water supply for the Subdivision.  The following work has been performed which directly benefits the Residential Wells in applying the water to beneficial use: A. All of the 16 lots that comprise the Subdivision have been sold to private purchasers and 11 of the 16 wells have now been constructed by purchasers of the lots and are being applied to beneficial use. B. As discussed above, an additional three of the Residential Wells were permitted, drilled and became fully operational during the diligence period.  Statements of Beneficial Use were completed for Well Nos. 6 and 8, and a Statement of Beneficial Use for Well No. 4 is anticipated while this application is pending. C. In addition to the drilling and pump installation costs associated with the three additional Residential Wells, Applicant has continued to develop and/or maintain the Subdivisions infrastructure as necessary for completing the build-out of the Subdivision and for perfecting the remaining conditional water rights. D. Applicant has expended time and money during the diligence period associated with the acquisition of Aspinall unit storage water. All of the foregoing work has been necessary and required to apply the water rights associated with the Residential Wells to the beneficial uses for which they were decreed. WHEREFORE Applicant requests that the Water Court issue a final decree that (1) finds that Well Nos. 4, 6 and 8 are absolute in the amounts set forth above in paragraph 4; (2) finds that Applicant was reasonably diligent with respect to all remaining amounts decreed to the Residential Wells, including any amounts not made absolute as requested above in Paragraph 4, and retaining the conditional status of such remaining water rights; and (3) grants such other and further relief as may be appropriate. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121405
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW158. Applicant:  Jerry Denison, P.O. Box 314, Cimarron, CO 81220.  Application for Surface Water Right:  Denison Ditch and Spring, SW 1/4 SE 1/4 of Section 25, T48N, R6W, NMPM.  494 feet from the south line and 2,362 feet from the east section line.  Source:  Cimarron River.  Appropriation Date: 05/15/1978 for irrigation and 10/15/2007 for hydropower.  Amount Claimed:  .375 cfs absolute for irrigation and .26 cfs absolute for hydropower use.  
GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121401
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW171 (REF NO. 01CW86) Gunnison County, Gunnison River, Water District No. 4, Applicant: Cimarron Ranch, LLC, a Colorado limited liability company, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor – P.O. Box 179, Gunnison, Colorado  81230, (970) 641-3326;Type of Application: Application to Make Absolute in Part and to Continue a Conditional Water Right in Part.  Name of Structure: Salamander Lake.  Location: The SE1/4NW1/4 of Section 10, Township 47 North, Range 7 West, N.M.P.M., Montrose County, Colorado, at a point 2000 feet east of the west line and 1750 feet south of the north line of said Section 10. Drainage Basin: Burdeck Creek, a tributary to the Cimarron River.  Quantity: Total storage capacity of 0.15 acre feet; Appropriation date: December 31, 1992; Use: Irrigation, recreational, storage, piscatorial, augmentation and replacement and exchange. Type of Structures: Lake. Name of Structure: Saddle Lake Location: The SW1/4NE1/4 and NW1/4SE1/4 of Section 10, Township 47 North, Range 7 West, N.M.P.M., Montrose County, Colorado, at a point 3100 feet east of the west line and 2500 feet south of the north line of said Section 10.  Drainage Basin: Burdeck Creek, a tributary to the Cimarron River.  Quantity: 2.06 acre feet; Appropriation date: December 31, 1992; Use: Irrigation, recreational, storage, piscatorial, augmentation and replacement and exchange. Type of Structures: Lake.  Name of Structure: Spruce Lodge Lake Location:  The SE1/4NW1/4 of Section 13, Township 47 North, Range 7 West, N.M.P.M., Montrose County, Colorado.  Its inlet is South 06E55'30" West 2046.8 feet of the North Quarter Corner of said Section 13.  Drainage Basin: Burdeck Creek, a tributary to the Cimarron River.  Quantity: 2.75 acre feet; Appropriation date: December 31, 1992; Use: Irrigation, recreational, storage, piscatorial, augmentation and replacement and exchange. Type of Structures: Lake.  Name of Structure: Patty Lake Location: The NE1/4SE1/4 of Section 12, Township 47 North, Range 7 West, N.M.P.M., Montrose County, Colorado.  The dam is located North 10E34'27" West 1670.4 feet if the South Quarter Corner of Section 12. Drainage Basin: Cimarron River.  Quantity: 14.4 acre feet ; Appropriation date: December 31, 1992; Use: Irrigation, recreational, storage, piscatorial, augmentation and replacement and exchange. Type of Structures: Lake.  Name of Structure: Watson Lake Location: The NE1/4SE1/4 of Section 12, Township 47 North, Range 7 West, N.M.P.M., Montrose County, Colorado.  The Northeast Corner of the lake is located South 80E07'33" West 635.47 feet from the East Quarter Corner of said Section 12.  Drainage Basin: Cimarron River.  Quantity: 22.4 acre feet; Appropriation date: December 31, 1992; Use: Irrigation, recreational, storage, piscatorial, augmentation and replacement and exchange. Type of Structures: Lake.  Name of Structure: The Burdeck Creek Diversion Location: The SE1/4NW1/4 of Section 13, Township 47 North, Range 7 West, N.M.P.M., Montrose County, Colorado, at a point that is South 06E55'30" West 2046.8 feet of the North Quarter Corner of said Section 13, at the inlet of the Spruce Lodge Lake, Drainage Basin: Burdeck Creek, a tributary to the Cimarron River.  Quantity: 1 c.f.s. ; Appropriation date: June 1, 1990; Use: Domestic, irrigation, recreational, storage, piscatorial, augmentation and replacement and exchange. Type of Structures: Diversion.  Name of Structure: The Cimarron Spring System Location: The Cimarron Spring System consists of three separate seep areas.  Spring No. 1 is located SE1/4SW1/4 if Section 7, Township 47 North, Range 6 West, N.M.P.M., Montrose County, Colorado, at a point North 57E51'54" East 1776.12 feet from the Southwest Corner of said Section 7.  The seep area is approximately 450 feet by 200 feet and yields a total of 30 g.p.m.  Spring No. 2 is located in the SW1/4SW1/4 of said Section 7 at a point which lies North 40E20'50" East 983.22 feet from the Southwest Corner of said Section 7.  The seep area is approximately 200 feet by 250 feet and yields approximately 15 g.p.m.  Spring No. 3 is located in the NE1/4NE1/4 of Section 13, Township 47 North, Range 7 West, N.M.P.M., at a point South 14E14'44" West 651.22 feet from the Northeast Corner of said Section 13.  The seep area is approximately 350 feet by 100 feet and yields approximately 15.65 g.p.m.  Drainage Basin: Watson Draw or Burdeck Creek, both are tributaries to the Cimarron River.  Quantity: Spring No. 1 is approximately 30 g.p.m., Spring No. 2 is approximately 15 g.p.m. and Spring No. 3 is approximately 15.65 g.p.m.; Appropriation date: June 1, 1990; Use: Domestic, irrigation, recreational, storage, piscatorial, augmentation and replacement and exchange. Type of Structures: Spring.
The application contains a summary of the efforts taken towards the completion of this appropriation.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121406
 
—UPCOMING AGENDA ITEMS—
Friday, December 14, 2007
GUNNISON COUNTY BOARD OF COMMISSIONERS
MEETING TO BE HELD IN THE COMMISSIONER’S MEETING ROOM AT THE COURTHOUSE (UNLESS OTHERWISE NOTED)

• Adoption of the 2008 County Budget
NOTE: This is a list of items tentatively scheduled for the Commissioner’s agenda. Items may be added up to 24 hours prior to the meeting, or deleted at any time. A final agenda will be prepared after the publication deadline for the newspaper. For further information or confirmation of specific times on the agenda, please contact the County Administration Office at 641-0248.
Published in the Crested Butte News. Issue of December 14, 2007. #121418.
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW159.  Applicant:  C.L. Werner, Painted Valley Ranch, 13508 M 73 Road, Montrose, CO 81401.  Contact: Cary Denison, P.O. Box 3171, Montrose, CO 81402.  Application for Surface Water Right and Water Storage Right:  South Rim Spring – SW 1/4 SW 1/4 of NE 1/4 of Section 34, T49N, R5W, NMPM.  2,155 feet from the north line and 2,344 feet from the east section line.  South Rim Pond (storage) –   SE 1/4 SE 1/4 of NW 1/4 of Section 34, T49N, R5W, NMPM. 2,253 feet from the west section line and 2,255 feet from the north section line.  Source:  Corral Creek and the Gunnison River.  Appropriation Date:  07/01/1998.  Amount Claimed:  0.066 cfs absolute for South Rim Spring and 6 acre feet absolute for South Rim Pond for Stock water and piscatorial use.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121402
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW161.  Gunnison County, Gunnison River, Water District No. 4, Applicant: Edward Bartsch and Carol Sue Bartsch, c/o Wilderson, O’Hayre, Dawson & Frazier, P.C., 120 North Taylor – P.O. Box 179, Gunnison, Colorado  81230, (970) 641-3326;Type of Application: Amended Application to Make Absolute a Conditional Water Right Name of Structure: 1 Location: Lot 15, Cranor Acres, according to the amended plat thereof of record in the office of the Clerk and Recorder of Gunnison County, Colorado, situate in the NW1/4SE1/4 of Section 19, Township 50 North, Range 1 East, N.M.P.M. Drainage Basin: Gunnison River Quantity: 0.004 c.f.s.; Appropriation date: September 14, 1906; Use: Domestic; Type of Structures: Well.
GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121403
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW163.  Gunnison County, Gunnison River, Water District No. 4, Applicant: Stephen and Linda M. Gerard, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor – P.O. Box 179, Gunnison, Colorado  81230, (970) 641-3326;Type of Application: Application to Make Absolute a Conditional Water Right, Name of Structure: Big Tree Spring.  Location: SE1/4 SE1/4 SE1/4 of Section 9, Township 14 South, Range 86 West, Sixth P.M., at a point 118 feet west of the east section line and 424 feet north of the south section line.  Drainage Basin: Tributary to Wildcat Creek, Coal Creek, and the Slate River. Quantity: 0.001 c.f.s.; Appropriation date: September 14, 2000.; Use: Domestic use for one single-family dwelling and irrigation of 0.03 acres of lawn and garden. Type of Structures: Well.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121404
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW172 (REF NO. 01CW88).  Applicants: Arthur Mears and Paula Lehr, 555 County Road 16, Gunnison, CO 81230.  Application for Finding of Diligence:  Mears Pump – SE 1/4 NE 1/4, of Section 3, T49N, R1W, 6th PM.  1,650 feet from the north line and 150 feet from the east section line.  Source: Gunnison River.  Appropriation date:  05/31/2001.  Amount Claimed:  0.033 cfs conditional for lawn and garden irrigation.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121407
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW176.  Gunnison County, Gunnison River, Water District No. 4, Applicant: James R. Harlan, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor – P.O. Box 179, Gunnison, Colorado  81230, (970) 641-3326;Type of Application: Application for change in Water Rights. Name of Structure: Harlan Spring.  Location: Decreed point of diversion: at a point located within the NE3 of the NE3 of Section 21, Township 51 North, Range 4 East, N.M.P.M., whence the Northwest corner of said Section 21 bears North 73141'20" West 4443.76 feet.  Proposed changes: Applicant requests a decree that the decreed location be changed to its correct point of diversion which is on the Little Tycoon No. 2,Mineral Survey No. 9160, Quartz Creek Mining District, which is within the NE3NE3 Section 28, Township 51 North, Range 4 East, N.M.P.M., GPS coordinates NAD 83 – GPS 367758/4279767.  Drainage Basin: Hall=s Gulch, a tributary of North Quartz Creek and the Gunnison River. Quantity: 0.03 c.f.s.; Appropriation date: July 1, 1964; Use: Domestic purposes. Type of Structures: Spring. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121411
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW173.  Applicant:  Mark Gibson, 1191 Cove Road, Gunnison, CO 81230.  Application for Surface Water Right:  Carpenter Spring – SE 1/4 NW 1/4 of Section 3, T48N, R4W, NMPM.  3,400 feet from the south line and 1,700 feet from the west section line.  Source:  Gunnison River.  Appropriation date:  07/01/1964.  Amount Claimed:  .033 cfs absolute for domestic use.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121408
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
07CW175, GUNNISON COUNTY, LAKE FORK OF GUNNISON RIVER. App. for Findings of Reasonable Diligence. Applicant: Joseph Wm. Foran c/o Mark E. Hamilton, Esq. and Cori S. Peterson, Esq., HOLLAND & HART LLP, 600 E. Main St., Ste 104, Aspen, CO 81611, 970.925.3476, mehamilton@hollardhart.com. Previous decree info: Case No. 99CW53, District Ct. in and for Water Div. No. 4, Approp. date: 7/01/1985, Adjud. date: 11/27/2001. First structure: Name: McGee Ditch; Location:  NE 1/4 SW 1/4 NE 1/4 of Section 25. T. 46 N., R. 4 W., N.M.P.M., Gunnison County, at a point 1480 ft. W. of the E. Sec. line and 1350 ft. S. of the N. Sec. line, Gunnison County; Source: Lake Fork of Gunnison River; Decreed Amounts & Uses: 0.05 c.f.s. absolute for stock water, fish culture, recreation, irrigation, and pond filling, 0.20 c.f.s. conditional for irrigation (total decreed amount of 0.25 c.f.s). Second Structure: Name: McGee Pond; Location: NW 1/4 NE 1/4 NE 1/4 of Sec. 25, T. 46 N., R. 4 W., N.M.P.M., at a point 1300 ft. W. of the E. Sec. line, and 395 ft. S. of the N. Sec. line, Gunnison County. Approp. Date: 7/01/1985; Surface area: 0.29 acres; Amount and uses:  2.9 acre-feet absolute for stockwater, fish culture and recreation, conditional for irrigation purposes. A detailed outline of activity during the diligence period is included in the application. (5 pages).  GUNNISON COUNTY. 
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121410
 
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 2007.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
2007CW174 (REF NO. 01CW94)  Gunnison County, Gunnison River, Water District No. 4, Applicant: Mt. Crested Butte Water and Sanitation District, a Colorado special district, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor – P.O. Box 179, Gunnison, Colorado  81230, (970) 641-3326;Type of Application: Application for Finding of Reasonable Diligence.  Name of Structure: North Village Reservoir. Location: In the SW1/4NE1/4 of Section 23, Township 13 South, Range 86 West, 6th P.M. at a point whence the Northeast corner of said Section 23 bears North 50∞ East 2,500 feet, in Gunnison County, Colorado. Drainage Basin: An unnamed tributary of the Slate River, a tributary of the East River, a tributary of the Gunnison River. Quantity: 700 acre feet; Appropriation date: June 11, 1982; Use: Storage for artificial snow making, augmentation of all municipal uses within the Crested Butte Water and Sanitation District (now the Mt. Crested Butte Water and Sanitation District), and augmentation of depletions caused by snowmaking within the Crested Butte Ski Area.   Type of Structures: Reservoir.  The application contains a summary of the efforts taken towards the completion of this appropriation.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2008, to file with the Water Clerk, in quadruplicate, 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 a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of December 14, 2007. #121409
 
 

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