Gunnison Legals

—MEETING NOTICE—
upper gunnison river water conservancy district
The Board of Directors of the Upper Gunnison River Water Conservancy District will conduct its regular board meeting on Monday, January 28, 2008, at 5:30 p.m. The meeting will be held at the District offices, 234 North Main Street, Suite 3B (Main Place Building), Gunnison, Colorado.  The public is encouraged to attend the meeting.  An agenda will be posted at the District office prior to the meeting.
Published in the Crested Butte News. Issue of January 18, 2008. #011801

 

The Board of Directors of the Upper Gunnison River Water Activity Enterprise will have a regular meeting on Monday, January 28, 2008, at 5:30 pm. at the offices of the Upper Gunnison River Water Conservancy District, 234 North Main Street, Suite 3B (Main Place Building). The public is encouraged to attend the meeting.  An agenda will be posted at the District’s Office prior to the meeting.
Published in the Crested Butte News. Issue of January 18, 2008. #011802

 

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 December 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:
CASE NO. 2007CW186 (REF NO. 04CW201).   IN THE MATTER OF THE APPLICATION OF HENDERSON CREEK, LLC IN GUNNISON COUNTY, COLORADO.  APPLICATION TO MAKE ABSOLUTE CONDITIONAL 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 APPLICANTS ATTORNEY  Chris D. Cummins, #35154, FELT, MONSON & CULICHIA, LLC, 319 N. Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212. II.  APPLICATION TO MAKE ABSOLUTE  A.  Name of Structure:  Henderson Creek, LLC Pond D (AHCL Pond D@).  B.  Legal Description of As-Built Location:  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).  Applicant has filed for a change to this described location from the location decreed in 04CW201 in pending Case No. 07CW178.  C. Source:  HCL Pond D is supplied by the Henderson Creek Diversion and by the HCL Spring absolute water rights, as decreed in 04CW201. D.  Date of Appropriation:    The intent to appropriate water for the HCL Pond D was first evidenced by the Applicants hiring of a hydrological expert to investigate the feasibility and engineering required for the augmentation plan herein on approximately October 31, 2003.  Applicant subsequently filed an application for conditional water rights for HCL Pond D on December 30, 2004, and such conditional rights were decreed to HCL Pond D by decreed dated August 25, 2005 in Case No. 04CW201.  Applicant completed construction of HCL Pond D on or about July 31, 2006.  E.  Structure Specifications: The source, appropriation date, and uses of HCL Pond D are as described in this Paragraph II, and as decreed in 04CW201, or as may be changed pursuant to the entry of a Decree in pending Case No. 07CW178.  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.  The changed physical specifications of the HCL Pond D structure as constructed, and as sought for approval in 07CW178, have no effect on the decreed storage capacity or surface area as decreed in 04CW201.  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, as sought in 07CW178.  F.  Beneficial Use.  Water was first applied to beneficial use in HCL Pond D on or about July 31, 2006, upon completion of construction of HCL Pond D, and impoundment of water therein.  Following in-priority diversions in the spring and early summer of 2007, HCL Pond D was filled to its maximum decreed capacity of 3.80 acre feet, and portions of such water was subsequently released for augmentation of Applicants other decreed water rights, as provided in the 04CW201 Plan for Augmentation, under the supervision and instruction of the Water Commissioner.  G.  All land upon which water is to be diverted, stored and released pursuant to this water storage right is owned by Applicant.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011803

 

—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 December 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:
CASE NO. 2007CW188 (REF NO. 01CW43). Gunnison County, Gunnison River, Water District No. 4, Applicant: Crested Butte, 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 for Finding of Reasonable Diligence, Name of Structure: North Mountain Spring No. 1, Location:  In the NW1/4 of Section 14, Township 13 South, Range 86 West, 6th P.M., Gunnison County, Colorado, commencing at the Southeast corner of said Section 14 which is a U.S. BLM brass cap; whence the South 1/4 corner of said Section 14 bears South 89˚28’12” West and is the basis of bearing; thence North 34˚41’40” West a distance of 6,668.41 feet to the center of the spring.  Drainage Basin: The subject spring is in the drainage of Washington Gulch, a tributary of the Slate River, a tributary of the East River, a tributary of the Gunnison River.  Quantity:  0.055 c.f.s. Appropriation date:  April 21, 1986. Use: Commercial and recreational purposes. Type of Structure: Spring.  Other: Applicant requests a finding of reasonable diligence and sets forth the actions taken toward the completion of appropriation and application of water to beneficial use as conditionally decreed.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011804

 

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 December 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:
CASE NO. 2007CW196 – Gunnison County, Gunnison River. Application to Correct Decreed Location of Water Right. Applicant: Ms. Adelaide Biggs & The Phoenix Family Group represented by Scott Grosscup and Christopher L. Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Decreed Structure: Nemanic Crystal Springs No. 3. Previous Decree:  Case No. 79CW303, District Court Water Division 4, decree entered on 4/30/1981 (second Amended Decree). Decreed Location:  The diversion is described as being located from the center of the spring area at a point from whence the SW Corner of the N. two-thirds of the SE Qtr. of the NW Qtr. of Sec. 27, T. 13 S., R. 86 W. 6th P.M. bears N. 59 deg. E. 495 ft.  Source:  Springs trib. to the Slate River, trib. to the East River, trib. of the Gunnison River. Appropriation Date:  8/1/1895. Amt: 0.22 cfs, absolute. Hist./Decreed Uses:  Irr., stock watering, wildlife procreation, recreation and dom. Correction of Decreed Location.  Center of the spring area at a pt. to which the SW corner of the N. two-thirds of the SE Qtr. of the NW Qtr. of Sec. 27, T. 13 S., R. 86 W. 6th P.M. bears N. 59 deg. E. 895 ft.  GPS coordinates as UTM Zone 13 N., NAD 83 (in meters), Northing 4307282.4230, Easting 327161.6668. This location is in the SE1/4 of the NW1/4 of Sec. 27, T. 13 S., R. 86 W. 6th P.M. Owners upon which any new diversion structure or modification to an existing diversion structure is located:  Applicants. 3 pages  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011806

 

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 December 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:
CASE NO. 2007CW201.  COLORADO WATER CONSERVATION BOARD, IN PAULINE CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE TOMICHI, (ENLARGEMENT), IN SAGUACHE COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS TO PReserve THE NATURAL ENVIRONMENT TO A REASONABLE DEgREE. 1.  Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441.  c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO  80203, (303) 866-5361, Registration #: 34565, E-mail address:  amy.stengel@state.co.us. 2.  Name of natural stream: Pauline Creek. 3.  Location: a. Legal description of the stream segment through which an instream flow is claimed:  The natural stream channel from the confluence of Chavez Creek at latitude 38° 6’ 33”N and longitude 106° 47’ 59”W as the upstream terminus and extending to the headgate of Tarbell & Alexander Ditch at latitude 38° 9’ 10”N and longitude 106° 45’ 39”W as the downstream terminus, being a distance of approximately 4.1 miles.  This segment can be located on the Elk Park and Cold Spring Park U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NE NW S6 T44N R2E 6th PM, 2309’ East of the West Section Line, 321’ South of the North Section Line. UTM North: 4219441.4 UTM East: 342222.7.  Lower Terminus = NE NW S21 T45N R2E 6th PM, 2283’ East of the West Section Line, 364’ South of the North Section Line, UTM North:  4224227.4  UTM East:   345710.8.4. a.  Date of initiation of appropriation: January 24, 2007.  b. Date water applied to beneficial use:  Water was first applied to beneficial use on January 24, 2007. c. How appropriation was initiated: At its regular meeting on January 24, 2007, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5.  Amount of water claimed (ABSOLUTE):  Instream flow of 2.0 cfs (April 1 – April 30), 2.75 cfs (May 1 – June 30), 2.0 cfs (July 1 – August 31) and 1.0 cfs (September 1 – September 30). 6. Remarks:  This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S.(2007).  The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree.  At its regular meeting on November 14, 2007, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with material injury to water rights. the Board’s water right herein, if granted; and that such environment can exist without.  SAGUACHE COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011807

 

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 December 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:
CASE NO. 2007CW190. Applicant:  Glenn Tilley, 7926 Myrtle Lane, Missouri City, TX 77459.  C/O Cary Denison, P.O. Box 3171, Montrose, CO 81401.  Application for Approval of Plan for Augmentation, Underground Water Right and Surface Water Right:  Name of Structure to be Augmented:  Tilley Pond (underground water right).  Are there other water rights diverted from this structure? No. Previous decrees for water rights to be used for augmentation:  Date of Original decree: 12/31/1991.  Case No. 91CW006, Water Division 4.  Type of water right:  Surface.  Legal description:  NW1/4NE1/4SE1/4 of Section 25, T48N, R4E, NMPM.  745 feet from the east section line and 2,487 feet from the south section line:  Monarch Valley Ranch Pond – NE1/4SW1/4NE1/4 of Section 25, T48N, R4E, NMPM.  1,753 feet from the east section line and 1,590 feet from the north section line.  Monarch Valley Ranch Pipeline – SW1/4SE1/4NE1/4 of Section 25, T48N, R4E, NMPM.  707 feet from the east section line and 2,039 feet from the north section line – Source for Tilley Pond:  Ground water tributary to Tomichi Creek and the Gunnison River.  Source for Monarch Valley Ranch Pond:  Monarch Valley Ranch Ditch Pipeline (Tomichi Creek surface water), Source for Monarch Valley Ranch Pipeline:  Tomichi Creek and the Gunnison River.   Appropriation Date:  Tilley Pond: 03/01/2006.  Amount Tilley Pond:  0.23 surface acres, 0.81 acre-feet annual diversions from evaporation (0.81 acre-feet absolute).   Appropriation Date:  Monarch Valley Ranch Pond:  08/01/1985.  Amount Monarch Valley Ranch Pond: 35.6 acre-feet, 21.9 acre-feet active, 13.7 acre-feet dead storage.  Appropriation Date Monarch Valley Ranch Pipeline:  05/01/1996.  Decreed Use:  Monarch Valley Ranch Pond:  Augmentation, recreation, fire protection, fishery and stockwater.  Monarch Valley Ranch Pipeline:  Augmentation, fire protection, fishery and stockwater (surface right requested below) .  Historic Use:  Monarch Valley Ranch Pipeline has historically been used to fill Monarch Valley Ranch Pond.  This structure has not been previously filed on.  Statement of Plan for Augmentation:  Applicant requests the right to store 12.66 acre-feet of water in Monarch Valley Ranch Pond.  Evaporative losses account for 12.06 acre-feet (2.68 feet annually), 0.6 acre-feet stored to augment depletions created by Tilley Pond.  Total annual depletions created by Tilley Pond amount to 0.807 acre-feet.  Depletions created during the period of June through October are 0.6 acre-feet.  June through October is the period when depletions created by the Tilley Pond will likely be out of priority due to a call from senior downstream water user.  Supply of this water will be provided by in priority diversions from Monarch Valley Ranch Pipeline which applicant is requesting an absolute 0.25 cfs water right for this structure.  Underground Water Right:  Tilley Pond – NW1/4NE1/4SE1/4of Section 25, T48N, R4E, NMPM.  745 feet from the east section line and 2,487 feet from the south section line.  Source:  Tomichi Creek and the Gunnison River.  Appropriation Date:  03/01/2006.  Amount Claimed:  0.807 acre-feet annually(absolute).  Surface Water Right:  Monarch Valley Ranch Pipeline:  SW1/4SE1/4NE1/4 of Section 25, T48N, R4E, NMPM.  707 feet from the east section line and 2,039 feet from the north section line.  Source:  Tomichi Creek and the Gunnison River.  Appropriation Date:  08/01/1985.  Amount Claimed:  0.25 cfs absolute for augmentation, fire protection, fishery and stockwater.  Water from pipeline fills Monarch Valley Ranch Pond.  SAGUACHE COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011805

 

HEARING DATE, TIME AND LOCATION: The Gunnison County Board of Commissioners will conduct a public hearing, January 22, 2008 at 8:45 a.m., in the Commissioners’ Meeting Room of the Gunnison County Courthouse to hear public comment concerning an application for a waivers of the Gunnison County Standard Specifications for Road and Bridge Construction for Albert Roper.  A copy of the petition and supporting documentation can be reviewed at the Gunnison County Public Works Department at 811 Rio Grande, Gunnison, Colorado from 7:30 a.m. to 4:30 p.m. weekdays.
PROPERTY LOCATION:  8256 Hwy 135, Almont, Colorado, approximately 8 miles north of Gunnison off of Highway 135.
PURPOSE OF WAIVER:  To permit the subdivision of three parcels, approximately 1.3 acres in size, from the Roper ranch parcel for the purpose of construction of no more than six residential dwellings.
PROPOSAL:  The request is for the following waivers:
Width of Right of Way:  A waiver of width for any portion of the road for which the platted width is less than sixty feet (60’).
Roadway Cross Section:  The required section for a rural lane is identified in the Appendix of the County Standards.  The existing “traveled” roadway width varies from 12 to 24 feet, with maintenance activities and driving patterns establishing the width, although in places it is wider than the minimum actual traveled.  A variance of the County cross section standard, consisting of roadway width, crown slope, gravel depth, and drainage side ditches is requested.
Horizontal Sight Distance:  Trees and brush have been allowed to grow to the sides of the road and at one location a variance from the required horizontal sight distance is requested.
Vertical Grade: One section of the road exceeds the vertical grade maximum of 11%.  A variance is requested for this section of the road.
Bridge Load Limits:  There are twobridges on the access road to the property that have been in use for many years.  The bridge over the Gunnison River is rated at 22 tons based on the certification attached to the bridge.  An inspection of the bridge has been done and the report will be available before the public hearing.
POSSIBLE ACTION:  Formal action may be taken on the waivers required at this meeting.
PUBLIC PARTICIPATION: The public is invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8120, or by letter (to the Gunnison County Public Works Department, 811 Rio Grande, Gunnison, CO 81230), so long as they are received by 5:00 p.m. the evening before the date of the meeting so that they may be submitted for the public record during the hearing.  Additional information may be obtained by calling the Public Works Department office at (970) 641-0044.
ADA ACCOMMODATIONS: Anyone needing special accommodations as determined by the American Disabilities Act may contact the Public Works Department prior to the day of the meeting.
/s/  Marlene Crosby
Public Works Director
To be published in the Crested Butte News. Issues of January 11 and 18, 2008. #011101

 

—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 December 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:
CASE NO. 2007CW203 GUNNISON COUNTY, SLATE AND EAST RIVERS, GUNNISON RIVER.  Skyland Metropolitan District (“Skyland District”), Attn:  Frank Alfone, District Manager, 350 Country Club Dr, Ste 112A, Crested Butte, CO 81224, (970) 349-7411; copies of pleadings to Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262.  Application for Underground Water Rights, for Appropriative Right of Exchange, and for Approval of Plan for Augmentation.  FIRST CLAIM FOR RELIEF (Underground Water Rights).  Structure & Well Permit Info:  Structures: Skyland East River Wells Nos. 1, 2,  3,  4, and 5;  Well Permit: Monitoring and observation well permits for the Well No. 1: Permit No. 271401; Well No. 2: Permit No. 271403; Well No. 3: Permit No. 271402; Well No. 5: Permit No. 272943.  Applications have not yet been filed for permanent well permits but Applicant will file applications during the pendency of or after the conclusion of this proceeding; Legal Description: Located in Sec. 8, T. 14 S., R. 85 W., 6th P.M.: Well No. 1 located at a point approx. 1,892 ft E of the W sec. line & 900 N of the S sec. line of Sec. 8 (UTM coordinates: E333445, N4301520); Well No. 2 located at a point approx. 1,851 ft E of the W sec. line & 1,067 N of the S sec. line of Sec. 8 (UTM coordinates: E333433, N4301571); Well No. 3 located at a point approx. 1,862 ft E of the W sec. line & 1,166 N of the S sec. line of Sec. 8 (UTM coordinates: E333437, N4301601); Well No. 4 located at a point approx. 1,832 ft E of the W sec. line & 1,224 N of the S sec. line of Sec. 8 (UTM coordinates: E333428, N4301619); Well No. 5 located at a point approx. 1640 ft E of the W sec.  line & 1,342 N of the S sec. line of Sec. 8 (UTM coordinates: E333370, N4301656); Well Nos. 1, 2, 3 and 4 are located in the SE1/4 SW1/4 of Sec. 8 and Well No. 5 is located in the NE1/4 SW1/4 of Sec. 8.  The locations of the Wells are shown on Figure 1 (on file with the Court). The UTM coordinates given above are in meters; Zone: 13N; NAD83.  Source: Wells will divert groundwater from the alluvium of the East River, tributary to the Gunnison River.   Well Nos. 1, 2, 3 and 4 will all be located within 100 feet of the East River, so the effect on the East River of pumping these four wells shall be deemed to be instantaneous.  Well No. 5 is located approximately 150 feet from the East River.  A Glover analysis shows that 96% of the impact of pumping Well No. 5 on the East River will be felt within three months after the pumping occurs.  Depth: Maximum depths: Well No. 1:  88 ft; Well No. 2:  82 ft; Well No. 3:  300 ft; Well No. 4:  300 ft; and Well No. 5:  165 ft.  Appropriation Date: March 31, 2005; Amounts: Well Nos. 1, 2, 3 and 4:  375 g.p.m. (0.84 c.f.s.) each, conditional; Well No. 5:  100 g.p.m. (0.22 c.f.s.), conditional.  Maximum combined pumping rate from the Wells Nos. 1, 2, 3 and 4 shall be 375 g.p.m. (0.84 c.f.s.).  Maximum total combined withdrawals from the Skyland East River Wells under the water rights claimed in this First Claim for Relief shall be 466 acre ft per year. Uses: municipal purposes, including without limitation domestic, household, mechanical, commercial, manufacturing, industrial, generation of power, fire protection, street sprinkling, watering of parks, lawns, trees, gardens, golf courses and other grounds, the maintaining of adequate municipal reserves, and the adjustment and regulation of water in and between the various units and features of the Skyland District’s water system.   The water will be used within the boundaries of the Skyland District, as such boundaries may be expanded in the future, in Gunnison County, Colorado.  The Skyland District’s boundaries currently include portions of Sections 1 and 12, T. 14 S., R. 86 W., 6th P.M., and Sections 6 and 7, T. 14 S., R. 85 W., 6th P.M.; water diverted will also be used for augmentation, replacement and exchange purposes in connection with the delivery of water to the Skyland District’s users; water diverted may be used directly for any of the above purposes, or it may be stored in the following storage facilities for subsequent use for any of the above purposes:  Lake Grant and Lake Grant Enlargement (decreed in C.A. 5782, Gunnison Co. Dist. Ct. and 93CW185); Skyland Resort and Country Club No. 5 Pond, No. 7 Pond, No. 11 Pond and No. 16 Pond (decreed in 87CW241); storage tanks now existing or hereafter constructed to adjust and regulate the supply of water in and between the various units and features of the Skyland District’s water system and to supply water to residents of the Skyland District; and any future storage facilities constructed or operated by the Skyland District.  Name and address of owner of land on which Wells are located:  East River Regional Sanitation District, 350 Country Club Drive, Suite 112A, Crested Butte, Colorado 81224.  Second Claim for Relief (Appropriative Right of Exchange); Name of Exchange: Skyland Pumpback Exchange; Legal Description of Structures: Skyland Pumpback Exchange will be effectuated using Skyland East River Wells Nos. 1, 2, 3 and 4, the legal descriptions of which are set forth above.  Skyland East River Well No. 5 will not be used in connection with the exchange; Source: Treated sewage effluent discharged from the East River Regional Sanitation District Wastewater Treatment Plant (“East River Treatment Plant”) to the East River.  Such effluent will not be diverted directly, but instead will be diverted by exchange through the Skyland East River Wells as described below. The sources of the water that will generate such effluent are tributary to the Slate River, tributary to the East River, tributary to the Gunnison River. Appropriation: Date:  March 31, 2005; Amount:   375 g.p.m. (0.84 c.f.s.), cond., with a max. volumetric limit of 241 acre ft per year; Uses: Same uses as the Skyland East River Wells as described above.  Plan for Operation of Skyland Pumpback Exchange:  A. Introduction.  As described above, the source of water diverted pursuant to the Skyland Pumpback Exchange will be treated sewage effluent discharged from the East River Treatment Plant to the East River.  Such effluent will not be diverted directly, but instead will be diverted by exchange through Skyland East River Wells Nos. 1, 2, 3 and 4 as described below.  There will be two sources of water that generate this effluent: (i) water from the Skyland District’s potable water system used for in-house uses, which water originates in the Slate River drainage and (ii) water from other developments near the Skyland District that originates in the Slate River drainage.  Each of these sources will be described in more detail below. B. Effluent Generated from the Skyland District’s Potable Water System. (1) The Skyland District is a Colorado special district located approximately two miles southeast of the Town of Crested Butte in Gunnison County.  A planned unit development known as Skyland, encompassing approximately 600 acres, exists within the boundaries of the Skyland District.  The Skyland District provides domestic and irrigation water service to the Skyland development. In addition, there currently exists an 18-hole golf course within the Skyland development.  The Skyland development is located within the Slate River drainage.  The current boundaries of the Skyland District are illustrated on Figure 2 (on file with the Court). (2) The land within the Skyland District’s boundaries was originally irrigated with 8.25 c.f.s. of direct flow water rights and 180.05 acre-ft of storage rights.  These rights were changed from their originally decreed purposes to irrigation and all municipal purposes by decree entered in Case No. W-2100, District Court, Water Division 4, on April 17, 1975.  In addition, the Skyland District has appropriated other water rights for use in supplying water to the Skyland development, which water rights include the following: a. Skyland Well No. 1 and Skyland Wells Nos. 4 through 16, decreed in Case No. 95CW193; b. Skyland Resort and Country Club No. 5 Pond, No. 7 Pond, No. 11 Pond and No. 16 Pond, decreed in Case No. 87CW241; c. Lake Grant Enlargement, decreed in Case No. 93CW185,; (3) The water rights described in (2) above divert and store water tributary to the Slate River.  These water rights have been and will be used to supply two separate water supply systems serving the Skyland development:  a potable water system owned and operated by the Skyland District for residential and commercial development, and an irrigation water system for the golf course.  The irrigation water system may be extended in the future to provide water for lawns and gardens in the Skyland development.    (4) The Skyland District’s potable water system currently serves both in-house water uses and lawn watering uses.  The Skyland Pumpback Exchange relates only to the water from the Skyland District’s potable water system used for in-house uses.  (5) Waste water from in-house uses of water from the Skyland District’s potable water system is centrally collected and pumped to the East River Treatment Plant for treatment.  The East River Treatment Plant is located in the East River drainage approximately one mile southeast of the Skyland development, and is owned and operated by the East River Regional Sanitation District.  Effluent from the East River Treatment Plant is discharged to the East River at a point approximately 2.5 miles upstream from the confluence of the East River with the Slate River (the “East River Effluent Discharge Point”).   The effluent generated from water from the Skyland District’s potable water system shall be referred to herein as the “Skyland Effluent.” C. Slate River Water from Other Developments.  Other developments in the area near Skyland divert water under water rights owned or controlled by such developments.  These water rights divert water that is tributary to the Slate River.  Water used for in-house uses in these developments is collected and pumped to the East River Treatment Plant for treatment.  The treated effluent from this water is then discharged to the East River at the East River Effluent Discharge Point.  This effluent shall be referred to herein as the “Additional Slate River Effluent.” Pursuant to an intergovernmental agreement between the Skyland District and the East River Regional Sanitation District, the Skyland District is entitled to divert and utilize the Additional Slate River Effluent by exchange. D. Operation of Skyland Pumpback Exchange. (1)The Skyland District and the East River Regional Sanitation District will monitor and determine the amount of Skyland Effluent and Additional Slate River Effluent generated by the East River Treatment Plant using meters for amounts pumped to the East River Treatment Plant by each of these sources, meters for amounts discharged to the East River from the East River Treatment Plant, and other appropriate means. (2) Under the Skyland Pumpback Exchange, the Skyland District will use Skyland East River Wells Nos. 1, 2, 3 and 4 to pump an amount of water equivalent to the amount of Skyland Effluent and Additional Slate River Effluent that is discharged to the East River from the East River Treatment Plant.  The water pumped from Skyland East River Wells Nos. 1, 2, 3 and 4 will be transported to the Skyland development in a pipeline and used for the uses described above.  The anticipated route of such pipeline is illustrated on Figure 3 (on file with the Court), although such route may change depending on the final design of the pipeline. (3) The Skyland Effluent and Additional Slate River Effluent results from water diverted originally from the Slate River drainage.  Thus, the Skyland Effluent and Additional Slate River Effluent are waters that are new, developed, and/or foreign as to the portion of the East River between the East River Effluent Discharge Point and the confluence of the Slate and East Rivers.   The Skyland District retains dominion over the Skyland Effluent with respect to that reach of the East River, and the intergovernmental agreement between the Skyland District and the East River Regional Sanitation District grants the Skyland District dominion over the Additional Slate River Effluent unless and until such effluent is claimed by the original generator of that effluent.  The Skyland Pumpback Exchange is, in effect, a change in the point of return of the Skyland Effluent and Additional Slate River Effluent back to the Slate River drainage, and appropriators on the portion of the East River between the East River Effluent Discharge Point and the confluence of the Slate and East Rivers have no vested right to the continuation of discharges of Skyland Effluent or the Additional Slate River Effluent to the East River.  Metropolitan Denver Sewage Disposal District No. 1 v. Farmers Reservoir and Irrigation Company, 179 Colo. 36, 499 P.2d 1190 (1972).  Thus, the Skyland Effluent and Additional Slate River Effluent can be exchanged under the Skyland Pumpback Exchange without regard to the impact on water rights in the portion of the East River between the East River Effluent Discharge Point and the confluence of the Slate and East Rivers. (4) The Skyland District will develop accounting procedures acceptable to the Division Engineer to assure that the amount pumped from Skyland East River Wells Nos. 1, 2, 3 and 4 under the Skyland Pumpback Exchange is no greater in time and amount than the amount of Skyland Effluent and Additional Slate River Effluent discharged to the East River from the East River Treatment Plant.  Exchange Reach:  The reach of the East River affected by the Skyland Pumpback Exchange is described as follows: A. Upstream terminus: The East River Effluent Discharge Point, which point is located at a point approximately 1,956 ft east of the west section line and 1,187 north of the south section line of Section 8, Township 14 South, Range 85 West, 6th P.M.  The location of the East River Effluent Discharge Point is shown on Figure 1. B. Downstream terminus: The confluence of the Slate and East Rivers. Name and address of land owner:  East River Regional Sanitation District (see address above). Third Claim for Relief (Approval of Plan for Augmentation) Structures to be augmented:  Skyland East River Wells, described in First Claim for Relief.  The only water rights diverted through these structures are those described in the First and Second Claims for Relief of the Application;  Water Rights to be Used for Augmentation: A. Lake Grant Enlargement:  Decreed: October 17, 1996; Type: Storage; Legal: a reservoir located in the NE1/4 of Sec. 1, T. 14 S., R. 86 W., 6th P.M., Gunnison County, CO, at a point whence the E1/4 Corner of Sec. 1 bears South 77 deg. 13 min. East 849 ft.; Source:  Natural springs within the reservoir’s boundaries, as well as undefined natural surface runoff, all tributary to the Slate River, tributary to the Gunnison River; Appropriation: September 21, 1992; Amount: 140 acre ft; Use: Augmentation of municipal depletions, piscatorial, recreation, and fire protection. B.  Skyland Effluent and Additional Slate River Effluent, identified above. Historic Use: Lake Grant Enlargement has historically been used, in part, to augment depletions from the Skyland development, and it is decreed for such purpose.  The location of Lake Grant, which is used to store water under the Lake Grant Enlargement, is illustrated on Figure 3; Statement of Plan for Augmentation: A. The Skyland District plans to construct a pipeline from Lake Grant to the property upon which the East River Treatment Plant is located.  This pipeline will parallel the pumpback pipeline that will be used to effectuate the Skyland Pumpback Exchange.     B. Skyland Effluent and Additional Slate River Effluent will be left in the East River drainage, and/or water will be released from water stored in Lake Grant under the Lake Grant Enlargement, to replace depletions from the Skyland East River Wells that are out of priority with respect to senior water rights located on the East River upstream from its confluence with the Slate River.  When Lake Grant water is used for such purposes, it will be released from Lake Grant into, and transported to the East River through, the pipeline described above. As described above, water diverted under the Skyland Pumpback Exchange can be exchanged without regard to the impact on water rights in the portion of the East River between the East River Effluent Discharge Point and the confluence of the Slate and East Rivers.  Accordingly, such diversions shall not be required to be replaced to meet calls of senior water rights on that portion of the East River. C. The Skyland District will develop accounting procedures acceptable to the Division Engineer to implement this plan for augmentation. D. This plan for augmentation will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. Name and address of land owners:  Lake Grant is located on land owned by Applicant. The Skyland East River Wells are located on lands owned by the East River Regional Sanitation District (see address above).  (17 pages).  GUNNISON COUNTY
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011808

 

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 December 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:
CASE NO. 2007CW222.   Applicants:  John L. Rozman, Jr. and Marilyn K. Rozman, 24063 Highway 135, Crested Butte, CO 81224.  Application for Water Storage Right: Gravel Pit Pond.  NW1/4NE1/4, Section 13, Township 14 South, Range 86 West, 6th P.M.; 357 feet from North section line and 1,790 feet from East section line.  GPS location in UTM format: Northing 4301184.7840, Easting 330709.57568, Zone 13.  Gravel Pit Pond will be an off-channel reservoir and will be filled by the Concrete Well (decreed in Case No. 81 CW 294) or the South Buckley Switch Spring Ditch (decreed in Case No. W-1907) or the Rozman No. 2 Ditch (decreed in Case No. C 394).  The legal description of points of diversion are as follows:  Concrete Well:  Gunnison County.  NW1/4NE1/4, Section 13, Township 14 South, Range 86 West, 6th P.M.; 400 feet from North section line and 1,520 feet from East section line.  Source:  Groundwater tributary to the Slate River.  South Buckley Switch Spring Ditch:  Gunnison County. Section 13, Township 14 South, Range 86 West, 6th P.M.; 2,575 feet East and 750 feet South of Northeast corner.  Source:  Groundwater tributary to the Slate River.  Rozman No. 2 Ditch: SW1/4NE1/4, Section 13, Township 14 South, Range 86 West, 6th P.M.  Source:  Groundwater tributary to the Slate River.  Date of appropriation: November 9, 2007.  Amount claimed:  30 acre-feet, conditional.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011812

 

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 December 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:
CASE NO. 2007CW223 (REF 99CW38) Upper Gunnison River Water Conservancy District, 234 North Main Street, Suite 3C, Gunnison, CO 81230.  Application for Finding of Diligence.  Taylor River Canal.  Original Decree:     Civil Action No. 5590 in the District Court, Gunnison County in Water District No. 59 entered on January 27, 1961.  Headgate located on the right bank of the Gunnison River at a point whence the SW corner of Section 33, Township 51 North, Range 1 East, N.M.P.M. bears South 37o 36’ West 13,332 feet.  Source:  Gunnison River and releases from Taylor Park Reservoir.  Appropriation Date:  November 13, 1957.  Amount:  302 c.f.s.  Use:  Irrigation and domestic.  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, is contained in the Application.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011813

 

—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 December 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:
CASE NO. 2007CW207. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT, FOR STORAGE RIGHTS AND FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE  Name, address, telephone number of applicant(s):  Michael J. Boyd and Linda Glascock Boyd, 1707 N. Waterfront Pkwy, Witchita, KS 67206, Telephone 316-685-5341 x109.  (Send all pleadings to John R. Hill, Jr., 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230 Telephone: (970) 641-1903, jrhill@brattonhill.com)  CLAIM NO. 1- APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT Name of Structure:  Jordan Ditch No. 2 First Enlargement Legal description of each point of diversion: In the SW1/4 of the NE1/4, Section 7, Township 14 South, Range 84 West, 6th P.M. on the left bank of an unnamed stream flowing off the southeast side of Double Top Mountain, at a point located approximately 1620 ft. west of the east section line and 1850 ft. south of the north section line  (UTM Zone 13S, Easting 342263, Northing 4301972).  Source: Unnamed tributary of Cement Creek a tributary of the East River.  Facts related to appropriation:  Date of appropriation: December 6, 2007.  How appropriation was initiated: Coexistence of site reconnaissance and formation of intent to appropriate.  Date water applied to beneficial use: N/A.  Amount claimed: 0.5 cfs conditional.  Use or proposed use: Piscatorial and recreational.  CLAIM NO. 2 APPLICATION FOR CONDITIONAL STORAGE RIGHT Name of Reservoir: Boyd Pond No. 1.  Legal description of location of dam: In the SE1/4NE1/4, Section 7, Township 14 South, Range 84 West, 6th P.M.  The outlet for Boyd Pond No. 1 will be located approximately 1200 feet west of the east section line and 1720 feet south of the north section line (UTM Zone 13S, Easting 342392, Northing 4301998).   If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion:  Jordan Ditch No. 2 First Enlargement 0.5 cfs.  Source:  Unnamed tributary of Cement Creek a tributary of the East River.  Facts related to appropriation.  Date of appropriation: December 6, 2007.  How appropriation was initiated:  Coexistence of site reconnaissance and formation of intent to appropriate.  Date water applied to beneficial use: N/A.  Amount claimed: 8.0 acre-feet conditional.  Use:  Piscatorial and recreational.  Facts relating to structure.  Surface area at high water line: 1.0 acre.  Maximum height of dam: 10 ft.  Length of dam: 370 feet.  Total capacity: 8.0 acre-feet.  Active capacity: 8.0 acre-feet.  Dead storage:0.0 acre-feet.  CLAIM NO. 3 APPLICATION FOR CONDITIONAL STORAGE RIGHT  Name of Reservoir:  Boyd Pond No. 2.  Legal description of location of dam: On an unnamed tributary of cement creek in the SE1/4NE1/4, Section 7, Township 14 South, Range 84 West, 6th P.M.  The outlet for Boyd Pond No. 2 will be located approximately 570 feet west of the east section line and 2330 feet south of the north section line (UTM Zone 13S, Easting 342579, Northing 4301791).  Source: Unnamed tributary of Cement Creek a tributary of the East River.  Facts related to appropriation:  Date of appropriation: December 6, 2007.  How appropriation was initiated:  Coexistence of site reconnaissance and formation of intent to appropriate.  Date water applied to beneficial use: N/A.  Amount claimed: 4.0 acre-feet conditional.  Use:  Piscatorial and recreational.  Facts relating to structure:  Surface area at high water line: 0.5 acre.  Maximum height of dam: 4 ft.  Length of dam: 260 feet.  Total capacity: 4.0 acre-feet.  Active capacity: 2.0 acre-feet.  Dead storage: 2.0 acre-feet.  CLAIM NO. 4 APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE  Name of Exchange: Aspinall Unit– Boyd Ponds.  Exchange Reach:  From the Aspinall Unit  up the Gunnison River to Almont, thence up the East River to the confluence with Cement Creek, and thence up Cement Creek to the Jordan Ditch No. 2 Enlargement located within the SW1/4NE1/4, Section 7, Township 14 South, Range 84 West, 6th P.M. at a point located approximately 1620 ft. west of the east section line and 1850 ft. south of the north section line, and to the Boyd Pond No. 2 located within the SE1/4NE1/4, Section 7, Township 14 South, Range 84 West, 6th P.M. the outlet works for which will be located at a point approximately 570 feet west of the east section line and 2330 feet south of the north section line.  Amount Claimed: 0.0108 cfs, conditional.  Operation of Exchange:  Water will be released from the Aspinall Unit at the direction of the Division Engineer in the amounts shown in Column 9 of Exhibit 1 and exchanged up the Gunnison River, the East River, and Cement Creek to the respective structures.  Date of Appropriation: December 6, 2007.  How appropriation was initiated: By site reconnaissance and formation of intent to appropriate an exchange.  Name(s) and address(es) of owner(s) or reputed owner(s) 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: Applicant, see paragraph 1.  Remarks:   Boyd Pond Nos. 1 and 2 will normally be kept full throughout the year, and will act as a flow-through pond continuously being refilled by the Jordan Ditch No. 2 Enlargement.  Applicant will purchase Aspinall water from the Upper Gunnison River Water Conservancy District under a third party contract and participate in the District’s plan for augmentation applied for in Case No. 03CW49 in order to augment out-of-priority depletions resulting from pond evaporation when a call occurs from downstream of Blue Mesa Reservoir.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011809

 

—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 December 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:
CASE NO. 2007CW209.  Name, address, telephone number(s) (residence and business of applicant(s)): USDA Forest Service Grand Mesa, Uncompahgre, and Gunnison National Forests 2250 Highway 50 Delta, CO 81416-8723, (970) 874-6600, 2.  Name of Structure: Trail Creek Spring Development and Pipeline, 3. Legal description of each point of diversion:  All UTM data are from Zone 13 and use the NAD 83 (CONUS) datum. Located on public lands in Saguache County in the NW/4 SW/4 SW/4, Section 6, T45N R02E,  N.M.P.M., approximately 1,300 feet north of the south section line and 150 feet east of the west section line. UTM coordinates 341922mE, 4228016mN, NAD 83 Required Description: Saguache County. SE 1/4 of the, NE 1/4, Section 6, Township 45N, Range 02E, Principal Meridian New Mexico, Distance from section lines (section lines are typically not property lines) 1300 feet from north and 150 feet from east. Street Address: National Forest System Lands, 4.   Source: Trail Creek Spring located within the Los Pinos watershed, tributary to Cochetopa Creek, tributary to Tomichi Creek, tributary to the Gunnison River. 5.  A. Date of initiation of appropriation:  1946, B. How appropriation was initiated:  The United States authorized use of the Trail Creek Allotment and its associated water sources by grazing permitees. C.  Date water applied to beneficial use: 1946, 6. Amount Claimed: 0.003 cfs Absolute, 7. Use or proposed use:  Trail Creek Spring provides water for up to 300 cattle on the Trail Creek Allotment (6344) and provides water for wildlife. 8. Name(s) and address(es) of owner(s) of the land upon which the point of diversion is located:   United States of America on behalf of the United States Department of Agriculture, Forest Service, Grand Mesa, Uncompahgre and Gunnison National Forests, Gunnison Ranger  District, 216 N. Colorado Street, Gunnison, CO 81230, Name(s) and address(es) of owner(s) of land on which place of use(s) is (are) located: United States of America on behalf of the United States Department of Agriculture, Forest Service, Grand Mesa, Uncompahgre and Gunnison National Forests, Gunnison Ranger District 216 N. Colorado Street, Gunnison, CO 81230,  AND United States of America on behalf of the United States Department of Interior, Bureau of Land Management, Gunnison Field Office, 216 N. Colorado Street, Gunnison, CO 81230.  SAGUACHE COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011810

 

—Upcoming Agenda Items—
Gunnison County Board of commissioners
Tuesday, January 22, 2008
Meeting to be held in the Commissioner’s Meeting Room at the Courthouse
• Warrants & Transfers
• Treasurer’s Report
• Gunnison/Hinsdale Board of Human Services; Legal Services Agreement; Gunnison County and Gunnison/Hinsdale Board of Human Services
• HB 1177 Roundtable Update
• Visitor; Joani Matranga, Governor’s Energy Office
• Public Hearing; Request for Waiver of Standards for Road and Bridge Construction for the Access Road to Womble Tracts and for Access to Other Properties Through Womble Tracts
• Out of State Travel Request; Mapping and Planning Services Department Manager Mike Pelletier, 2008 APA National Conference, Las Vegas, Nevada
• Conservation Easement Discussion; Possible Executive Session
• Lot Cluster Request; RI Vader & Sons, Inc., Vader Consolidation Tract
• Lot Cluster Request; Francis J. Pribyl Residence Trust, Womble Tracts Lot Nine and the Two Contiguous Tracts Described as Tract 1 and Tract 2
• Notice of Oil and Gas Lease Sale
• White Water Festival Funding Request
• Housing Authority; Approve Willows Settlement Agreement, Construction Claim
• Resolution; Setting the Terms for the Board of Appeals, Affirming the Terms for the Board of Adjustments and Discontinuation of Board Member Alternates
• Timbers Townhomes; Townhome Plat, Lot 14, Block 4, CB South Filing #2
• Consent Agenda:
    • Approve Willows Settlement Agreement; Construction Claim
    • Certification of Non-Acceptance of Tobacco Industry Funds and Resources
    • Resolution; Authorizing the Treasurer to Segregate Interests from Investments of Certain Monies and Revoking Certain Previous Resolutions
    • Resolution; Directing the Gunnison County Treasurer to Distribute Specific Ownership Tax Monies Among Various County Funds
NOTE:  This is a list of items tentatively scheduled for the Commissioners’ 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 January 18, 2008. #011815

 

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 December 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:
CASE NO. 2007CW211. APPLICATION FOR STORAGE RIGHTS AND FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE  Name, address, telephone number of applicant(s):   Crystal Creek Homeowners Association, 12500 County Road 742, Almont, CO 81210, telephone 970-641-3176. (Send all pleadings to John R. Hill, Jr., 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230 Telephone: (970) 641-1903, jrhill@brattonhill.com)  CLAIM NO. 1 APPLICATION FOR ABSOLUTE STORAGE RIGHT  Name of Reservoir:  Excelsior Pond.  Legal description of location of pond:   In the NW, SW Section 9, Township 15 South, Range 83 West, 6th P.M.  The outlet for Excelsior Pond is located 495 feet east of the west section line and 2600 feet north of the south section line (UTM Zone 13S, Easting 354102, Northing 4291642).  Pond is on channel.  Source: Excelsior Creek, a tributary to the Taylor River.  Facts related to appropriation:  Date of appropriation: December 31, 1949.  How appropriation was initiated: Construction of pond in the 1940s and application to recreational, piscatorial and fire protection use.  Date water applied to beneficial use: Prior to December 31, 1949.  Amount claimed: 1.7 acre-feet absolute.  Use:  Recreational, piscatorial and fire protection.  Facts relating to structure:  Surface area at high water line: 0.21 acres.  Maximum height of dam: 10 feet.  Length of dam: 200 feet.  Total capacity: 1.7 acre-feet.  Active capacity: 1.7 acre-feet.  Dead storage: 0.0 acre-feet.  CLAIM NO. 2 APPLICATION FOR CONDITIONAL STORAGE RIGHT  Name of Reservoir:  Excelsior Pond First Enlargement.  Legal description of location of dam:  Same as paragraph, above.  Source:  Excelsior Creek, a tributary to the Taylor River.  Facts related to appropriation:  Date of appropriation: December 6, 2007.  How appropriation was initiated: Formation of intent to enlarge existing structure.  Date water applied to beneficial use: N/A.  Amount claimed: 0.42 acre-feet conditional.  If off channel reservoir, rate of diversion for filling of reservoir:  Use:  Recreation, piscatorial and fire protection.  Facts relating to structure:  Surface area of enlargement at high water line: 0.05 acres (total surface area of enlarged pond will be 0.26 acres.  Maximum height of dam: 10 feet.  Length of dam enlargement: 100 feet.  Total capacity of enlargement: 0.42 acre-feet (total capacity of enlarged reservoir will be 2.12 acre-feet).  Active capacity of enlargement: 0.42 acre-feet (total active capacity of enlarged reservoir will be 2.12 acre-feet).  Dead storage:  0.0 acre-feet.  THIRD CLAIM APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE  Name of Exchange:  Blue Mesa Reservoir – Excelsior Ponds Exchange.  Exchange Reach:  From Blue Mesa Reservoir up the Gunnison River to Almont, thence up the Taylor River to the confluence with Excelsior Creek, and thence up Excelsior Creek to Excelsior Pond located the within the NW, SW Section 9, Township 15 South, Range 83 West, 6th P.M.  The outlet for Excelsior Pond is located at a point 495 feet east of the west section line and 2600 feet north of the south section line.  Amount Claimed: 0.002 cfs, conditional.  Operation of Exchange:  Water will be released from Blue Mesa Reservoir at the direction of the Division Engineer and exchanged up the Gunnison River, the Taylor River, and Excelsior Creek to the named structures.  Date of Appropriation: December 6, 2007.  How appropriation was initiated: Formation of intent to appropriate exchange involving existing structure and proposed enlarged structure.  Name(s) and address(es) of owner(s) 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:  Applicant, see paragraph 1.  Remarks:   Excelsior Pond and Excelsior Pond First Enlargement will normally be kept full throughout the year and will act as a flow-through pond continuously being refilled by Excelsior Creek.  Applicant will purchase Aspinall water from the Upper Gunnison River Water Conservancy District under a third party contract and participate in the District’s plan for augmentation applied for in Case No. 03CW49 in order to augment out-of-priority depletions resulting from pond evaporation when a call occurs from downstream of Blue Mesa Reservoir.  GUNNISON COUNTY.
CASE NO. 2007CW217.   APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE  Name, address, telephone number of applicant: Crystal Creek Homeowners Association, 12500 County Road 742, Almont, CO 81210, telephone 970-641-3176.  Please send all pleadings to John R. Hill, Jr., Bratton Hill LLC, 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230.  Name of exchange: MERIDIAN LAKE-CCR WELL LOT 15.  Exchange reach: From Meridian Lake Reservoir, located in the SW1/4SE1/4 Section 16, NE1/4 NE1/4 SE1/4 Section 21 and SW1/4 NW1/4 SW1/4 Section 22, Township 13 South, Range 86 West, 6th P.M., down the Slate and East Rivers to Almont thence up the Taylor River to Meridian Lake-CCR Well Lot 15 located in the SW1/4 NW1/4 Section 9, Township 15 South, Range 83 West, 6th P.M. at a point 2600 feet from the north line and 330 feet from the west line of said Section 9.  Amount claimed: 0.033 cfs conditional.  Operation of exchange: Water will be released from Meridian Lake Reservoir pursuant  to the Upper Gunnison River Water Conservancy District Class D Augmentation Certificate into the Slate River and allowed to flow down the Slate and East Rivers to Almont and then up the Taylor River to Meridian Lake-CCR Well Lot 15.   Appropriation Date: November 15, 2007.  Appropriation was initiated by application to Upper Gunnison River Water Conservancy District for Class D Augmentation Certificate and publication of notice in the Resume of Applications filed in Water Division No. 4 during the month of October, 2007, pursuant to paragraph 64.f of the Findings of Fact, Conclusions of Law and Decree in case No. 02CW294 and 03CW107, District Court, Water Division No. 4.   Remarks: The Division Engineer, Water Division No. 4, has approved the operation of this exchange pursuant to the procedure prescribed in paragraph 64.f of the Findings of Fact, Conclusions of Law and Decree in case No. 02CW294 and 03CW107, District Court, Water Division No. 4.  By its terms, that decree does not adjudicate exchange priorities for the benefit of owners of Augmentation Certificates who propose to augment by exchange.  Accordingly, the purpose of this application is to determine and fix a priority for the operation of the exchange described above.  Name(s) and address(es) of owner(s) 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 pool: CCR Well Lot 15 is located on land owned by Gilchrist B. Berg, whose address is c/o Water Street Capital, Inc., 225 West Water Street, Suite 1987, Jacksonville, FL 32202.  GUNNISON COUNTY.
CASE NO. 2007CW218 APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE Name, address, telephone number of applicant: Crystal Creek Homeowners Association, 12500 County Road 742, Almont, CO 81210, telephone 970-641-3176.  Please send all pleadings to John R. Hill, Jr., Bratton Hill LLC, 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230.  Name of exchange: MERIDIAN LAKE-CCR WELL LOT 16.  Exchange reach: From Meridian Lake Reservoir, located in the SW1/4SE1/4 Section 16, NE1/4 NE1/4 SE1/4 Section 21 and SW1/4 NW1/4 SW1/4 Section 22, Township 13 South, Range 86 West, 6th P.M., down the Slate and East Rivers to Almont thence up the Taylor River to Meridian Lake-CCR Well Lot 16 located in the SE1/4 NW1/4 Section 9, Township 15 South, Range 83 West, 6th P.M., 2838 feet from the south line and 1965 feet from the west line.  Amount claimed: 0.033 cfs conditional.  Operation of exchange:  Water will be released from Meridian Lake Reservoir pursuant to the Upper Gunnison River Water Conservancy District Class D Augmentation Certificate into the Slate River and allowed to flow down the Slate and East Rivers to Almont and then up the Taylor River to Meridian Lake-CCR Well Lot 16.  Appropriation Date: August 14, 2007.  Appropriation was initiated by application to Upper Gunnison River Water Conservancy District for Class D Augmentation Certificate and publication of notice in the Resume of Applications filed in Water Division No. 4 during the month of October, 2006, pursuant to paragraph 64.f of the Findings of Fact, Conclusions of Law and Decree in case No. 02CW294 and 03CW107, District Court, Water Division No. 4.  Remarks: The Division Engineer, Water Division No. 4, has approved the operation of this exchange pursuant to the procedure prescribed in paragraph 64.f of the Findings of Fact, Conclusions of Law and Decree in case No. 02CW294 and 03CW107, District Court, Water Division No. 4.  By its terms, that decree does not adjudicate exchange priorities for the benefit of owners of Augmentation Certificates who propose to augment by exchange.  Accordingly, the purpose of this application is to determine and fix a priority for the operation of the exchange described above.  Name(s) and address(es) of owner(s) 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 pool: CCR Well Lot 16 is located on land owned by Taylor Rio LLC, whose address is PO Box 193809, San Francisco, CA 94119-3809.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 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 January 18, 2008. #011811