Gunnison Legals

—NOTICE OF GUNNISON COUNTY AND BLM ROAD CLOSURES—
Gunnison County, the Bureau of Land Management (BLM) and the United States Forest Service (USFS) have temporarily closed a number of roads to all motor vehicles to protect Gunnison Sage-grouse during their mating season and to prevent road damage during wet spring conditions. These roads were closed March 15 and will reopen on May 15, 2008. Copies of the closure list and maps are available at Gunnison County Public Works, 811 Rio Grande Avenue; Gunnison County Administration Office, 200 E. Virginia Ave; Colorado Division of Wildlife Office, 300 W. New York; and the Bureau of Land Management/USFS Office, 216 N. Colorado; Gunnison, Colorado. These closures apply to all motor vehicles. Do not park at the closures in a manner that blocks access through the closure gates. For additional information call Gunnison County Public Works at 641-0044; the Gunnison County Sage-grouse Conservation Coordinator at 641-7604; or the BLM at 641-0471. The cooperation of the public is required to successfully implement these road closures. The closures will aid in the preservation of the Gunnison Sage-grouse and may assist in reducing impacts on residents and visitors of Gunnison County from a possible Federal listing of the grouse under provisions of the Endangered Species Act. The public also should be aware of other closures in the Gunnison Basin that have been implemented to protect wildlife during this severe winter: The Colorado Division of Wildlife (CDOW) has implemented a Temporary Emergency Closure of all Hunting and Wildlife Related Activities, through May 15, 2008. The CDOW may be contacted at 970-641-7060 for additional information. The Bureau of Land Management (BLM) and the United States Forest Service have closed some public lands to all public use, including motorized and non-motorized uses, also through May 15, 2008. Contact BLM or the USFS at 970-641-0471 for specific information on these closures.
Published in the Crested Butte News. Issue of March 21, 28, April 4, 11, 18, 25 and May 2, 2008. #032104

 

—INVITATION TO BID—
SKYLAND METROPOLITAN DISTRICT
GUNNISON COUNTY, COLORADO

1. Invitation.  Bids will be received by the Skyland Metropolitan District for the Skyland Lakeside Pavilion Remodeling Project until 5:00 PM (MST) on April 16, 2008 at the following address: a. Skyland Metropolitan District. Attn: Frank Alfone, District Manager 350 Country Club Drive, Suite 112A, Crested Butte, Colorado 81224, (970) 349-7411. 2. General Statement of Work.  The purpose of the project is to enhance the existing building, and the work includes: a. Extending the existing building, providing additional covered space; b. Installation of an open deck with accompanying stairs; c. Installation of a stone veneer and truss detail; and d. Installation of windows. The work is expected to be complete by mid-June 2008. 3. Availability of Documents.  Contract documents will be available from the District office at the address above starting on April 9, 2008 for a cost of $ 40.00 per set.  The District reserves the right to modify the time for making the contract documents available, and thus, contractors wishing to obtain the contract documents should first call the District office at the phone number above to inquire about their availability before attempting to pick them up. 4. Qualifications.  Bidding contractors are not required to submit a statement of qualifications along with the bid, but should be prepared to demonstrate the experience necessary for completion of this project if requested. 5. Bid Guarantee.  A bid guarantee must accompany the bid and must be provided in the form of a bond, certified check, cashier’s check, or bank money order made payable to the Skyland Metropolitan District.  If a bid bond is used, it must be on the form provided in the contract documents. 6. Reservation and Award.  The District reserves the right to cancel this Invitation to Bid.  The District reserves the right to reject any and all bids.  The District will accept the bid that, in its estimation, represents the best value to the District. Skyland Metropolitan District By Frank Alfone, District Manager.
Published in the Crested Butte News. Issue of April 4 and 11, 2008. #040406     

 

—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 March 2008. 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. 08CW31 (REF NO. 01CW172).  Case No. 08CW31, 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 Reasonable Diligence; Name of Structure: Malensek Ditch No. 5 Enlargement  Location:  At a point whence the Southeast corner of Section 14, Township 13 South, Range 86 West, 6th P.M. bears South 7°4’ East 3,160 feet, in Gunnison County, Colorado. Drainage Basin: An unnamed tributary of the East River, a tributary of the Gunnison River (but to be stored in the drainage of the Slate River). Quantity: 5 c.f.s.; Appropriation Date: June 9, 1987; Use: To fill North Village Reservoir, which is used for 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 (Decreed in Case No. 94CW233. Application for Finding of Reasonable Diligence filed; Type of Structure: Ditch.  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 May 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 April 11, 2008. #041102

—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 March 2008. 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. 2008CW25. (REF. NO. 01CW179).  Applicant:  Edwin R. Lehrburger, 1635 Hudson St., Denver, CO 80220.  Application To Make Absolute:  Gunnison Heights Well No. 1 and Lovers Lane Wells Nos. 1 and 2 – Gunnison Heights Well No 1 is located 2,300 feet west of the east section line and 200 feet south of the north section line in the NW ¼ NW ¼ NE ¼ of section 3, T49N, R1W, NMPM.  Lovers Lane Wells Nos. 1 and 2 are located in the NW ¼ NE ¼ of Section 3, T49N, R1W, NMPM.  Source:  Gunnison River.  Appropriation Date:  04/17/1984.  Amount Claimed:  72.4 acre-feet absolute for providing the entire water supply for existing Gunnison Heights Subdivision (Phase I) and Lovers Lane Subdivision (Phase II).  Gunnison Heights Well No. 1 has been furnishing water to five homes, with two additional platted home sites to be built in the future. Adjacent to Gunnison Heights is a plus/minus 70 acre parcel that Lovers Lane Wells Nos. 1 and 2 will supply municipal water to. Currently water is supplying five homes within the platted Gunnison Heights Subdivision in Gunnison County, Colorado. GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of May 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 April 11, 2008. #041101
 

—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 March 2008. 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. 2008CW33.  Gunnison County, Gunnison River, Water District No. 4, Applicant: Castle Mountain Community Well Association,  Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor, P. O. Box 179, Gunnison, Colorado 81230;  Type of Application: Application for Finding of Reasonable Diligence.  Name of Structure: Castle Mountain Community Well No. 1; Location: At a point 2715 feet north of the South section line and 1525 feet east of the West section line, Section 11, Township 50 North, Range 1 West, N.M.P.M., which point of diversion is situate upon Lot 42, Ohio Meadows Filing No. 3, Gunnison County, Colorado; Drainage Basin: The alluvium of Ohio Creek, a tributary of the Gunnison River. Quantity: 50 g.p.m. (with 20 g.p.m. having been made absolute by decree in Case No. 88CW18 entered October 13, 1988); Appropriation date: September 27, 1982; Use: Domestic; Type of Structure: Well.  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 May 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 April 11, 2008. #041103

 

—NOTICE—
GUNNISON COUNTY ELECTRIC association, inc.
BOARD OF DIRECTORS ELECTION

Petitions are available at GCEA headquarters
15 valid signatures required – signatories do not have to live within your district
To serve, you must be a member of GCEA and reside within the District for which you are nominated
DEADLINE for completed petitions is May 8, 2008
Three districts – #1, #4 and #5 with terms of Bill LaDuke, George Besse and Paul Hudgeons expiring.  Descriptions follow.
The Director districts up for election at the Annual Meeting on June 24, 2008 are as follows: District No. 1, The Northwest corner of the certificated service area of the Gunnison County Electric Association, Inc., including the Town of Crested Butte and the Slate River area along Colorado State Highway 135 to approximately one half mile north of the Jack’s Cabin cut-off.  Incumbent Bill LaDuke. District No. 4, The Gunnison River Area west of the City of Gunnison, Curecanti Recreation Area, to the West Elk Wilderness area on the north and the continental Divide on the south within the certificated service area of the Gunnison County Electric Association, Inc.  – Incumbent George Besse. District No. 5, The Lake Fork of the Gunnison drainage from Gateview to the Continental Divide, including Lake City and Lake San Cristobal within the certificated service area of the Gunnison County Electric Association, Inc.  Incumbent Paul Hudgeons. For complete information concerning the petition process, please call Mike Wells, Chief Executive Officer at 641-7328.
Published in the Crested Butte News. Issue of April 11 and 18, 2008. #041105

—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 March 2008.
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. 2008CW36. Applicant:  Michael Pelletier, 1257 Seneca Dr., Gunnison, CO 81230.  Application for Approval of Plan for Augmentation by Exchange:  Lot 18A Ohio Meadows Filing No. 2 – SE ¼ SW ¼ of Section 11, T50N, R1W, NMPM.  820 feet from the south section line and 1,800 feet from the west section line. Lot 18B Ohio Meadows Filing No. 2 – SE ¼ SW ¼ of Section 11, T50N, R1W, NMPM.  410 feet from the south section line and 1,800 feet from the west section line.  Source:  Gunnison River.    Previous decree for water rights to be used for augmentation:  Applicant will enter into a water contract with the United States of America for 1 acre feet of water stored in Blue Mesa Reservoir.  A.  Date of Original decree:  January 27, 1961 (5590) Gunnison County District Court, March 30, 1960 (6981) Montrose County District Court, 80CW156, Water Division 4.  B.  Type of Water Right:  Surface.  C.  Legal Description of points of diversion of place of storage:  Blue Mesa Reservoir:  The initial point of survey of Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and of the center line of the outlet works tunnel, whence the SW corner of section 31, T49N, R4W, NMPM bears North 78°36’44” West a distance of 3,207.07 feet.  Decreed Use:  The water right decreed to Blue Mesa Reservoir out of the Gunnison River in Case No. 80CW156 for 940,755 acre-feet with priority date of 11/13/1957 for domestic, municipal, irrigation, stockwatering, industrial, hydropower, piscatorial, wildlife, recreation and other purposes.  Historic Use:  The water right 5decreed to Blue Mesa Reservoir has been used historically for all its decreed purposes.  Statement of plan for augmentation: covering all applicable matters under §37-92-103(9), 302(1) (2) and 305(8), C.R.S.  Give full details of plan, including a description of all water rights to be established or changed by the plan.  The applicant is applying for 2 in-house use only wells.  The purpose of the application is that the applicant desires to split his existing lot into 2 single family lots.  The lot currently has an address of 1257 Seneca Drive and has an existing in-house use only well under well permit #217919.  Under current state policy, the subdivision triggers the need to augment the existing well as well as the proposed well. As demonstrated in the attached hydrology report, both the existing and proposed well will pull water from a confined aquifer located approximately 530’ below the surface elevation of 7960’.  The aquifer is located in Dakota Sandstone and is confined from the surface by approximately 480’ feet of Mancos Shale.  The aquifer is under artesian pressure as demonstrated by the well logs in the vicinity.  These well logs show static water levels well above the water producing Dakota Sandstone.  This artesian pressure would not be present if the water was hydraulically connected to the surface and to Ohio Creek.  The aquifer is recharged by the Gunnison River near the junction of Highway 135 and the Ohio Creek Road.  In this location the Mancos Shale layer dissipates, exposing the Dakota Sandstone layer to the Gunnison River after it penetrates the surface alluvium layer.  Once the water enters the Dakota Sandstone layer, water travels at approximately a 4% down gradient in the Dakota Sandstone for approximately 10,000 feet to the subject site.  The Dakota Sandstone continues past the subject site to the northwest into the Piceance Basin.  This information was determined using the study reinforces the information shown in the 2006 CGS report, “Geologic Map of the Gunnison Quadrangle, Gunnison County Colorado” Open-File Report 06-4.  This report contains a cross section that was drawn approximately 1000’ south of the subject site to the Gunnison River in an easterly direction.  In addition, well log data from existing well permits in the area show the artesian pressure of water located in the Dakota Sandstone.  This demonstrates the integrity of the confining Mancos Shale layer which keeps the Ohio Creek from being hydraulically connected to the aquifer.  In order to determine the timing of the subject wells’ impact to the Gunnison River, the IDS AWAS model version 1.5.23 from Colorado State University was used.  The model was run using the infinite aquifer boundary condition, a transmissivity factor of 720 GPD/FT, a specific yield of 0.00045, a distance to well of 10,032 feet, and a pumping rate of 0.4862 GPM.  The models show a monthly pumping rate of 0.0654 acre-feet, that the cumulative depletion volume surpasses 0.0654 after 7 months, and a volume depletion for this step of 0.0647 acre-feet after 50,000 months.  This demonstrates the long delay for water leaving the Gunnison River to reach the subject wells. The subject wells require augmentation water for the Redlands Power Canal and the Gunnison Tunnel calls.  Since there have been no calls between the subject wells source of depletions and the Blue Mesa Reservoir, the applicant shall use Blue Mesa Reservoir (Wayne N. Aspinall unit of the Colorado River Storage Project) water for exchange.   This reservoir has the following decrees:  January 27, 1961 (5590) Gunnison County District Court, March 30, 1960 (6981) Montrose County District Court, 80CW156, Water Division 4.  The appropriation date is November 13, 1957 in an amount of 940,755 acre feet.  To augment the subject wells, the applicant proposes to purchase 1 acre feet of water from the Blue Mesa Reservoir via the Bureau of Reclamation to be used by both wells.  For the purpose of replacement of depletions, a conservative approach will be applied such that when water is drawn from the subject wells the injury shall be considered instantaneous to the Gunnison River.  The proposed use of the water for both wells is in-house domestic use and lawn irrigation.  Each house will use individual sewage disposal systems with leach fields.  Leach field water for the subject wells returns to Gunnison River via Ohio Creek approximately 3 miles downstream of the source of depletion.  Again, a conservative approach will be taken such that return flows will not be credited in the required amount to be augmented.   Domestic in-house use shall be 0.392 acre-feet per year per house.  Lawn and garden irrigation water is requested for each lot to complement irrigation water currently available to the property via the Lone Pine ditch.  The property resides on a sloped sage brush hillside and very little outside irrigation is requested.  However, since replacement water must be purchased in acre-feet amounts, the unneeded additional water is requested to be available for lawn and garden irrigation.  The amount of replacement water for lawn and garden irrigation is based on the Upper Gunnison River Water Conservancy District’s 2008 Water Replacement Tables.  The subject wells are located at 7960 feet and therefore 1.67 acre-feet of water is required per acre of irrigation.   The requested lawn and garden area for each lot shall be 2,800 square feet, which requires 0.216 acre-feet [2800/43560*1.67 = 0.107] for the irrigation season of April through October.  The total augmentation amount shall thus be 1 acre foot via the following formula:  0.392 + 0.107 + 0.392 + 0.107 = 1 acre-feet per year and shall be available year round.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of May 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 April 11, 2008. #041104

 

—Upcoming Agenda Items­­—
GUNNISON COUNTY BOARD OF COMMISSIONERS
Tuesday, April 15, 2008
Meeting to be held in the Commissioner’s Meeting Room at the Courthouse

• HB 1177 Roundtable Update
• Gunnison/Hinsdale Board of Human Services
• Visitor; CDOT Regional Director Weldon Allen
• Code Enforcement; Formal Direction to David Neilsen to Remove Shed, Possible Action, Possible Executive Session
• Code Enforcement; Formal Direction to Yellow Dog, LLC to Remove Signage and to Discontinue Building Activity and Use of the Recreational Vehicle Park, Possible Action, Possible Executive Session
• Blended Linkage Fee Implementation for Residential Construction
• Affordable Housing; Inclusionary Zoning, Possible Executive Session
• Bull Mountain Pipeline; Planning Commission Recommendation
• Subdivision Covenant Amendment Request Discussion
• Ratification of Application for Party Status in Colorado Oil and Gas Conservation Commission Rulemaking Regarding Changes to Rules and Regulations
• Replat of Lots 7 & 8, Whitewater Estates and Boundary Line Adjustment, Gore Property
• Shady Island; Review and Approval of the Preliminary Plan, Planning Commission Recommendation, Bill Lacy
• Consent Agenda:
o Petition for Abatement or Refund of Taxes; San Moritz Condominium Association, Inc.
o Petition for Abatement or Refund of Taxes; Mark S. Bennett, II
o Petition for Abatement or Refund of Taxes; Robert Weiss
o Resolution #2008-12; A Resolution Amending Certain Charges and Fees for Integrated Solid Waste Services, Effective April 1, 2008
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 April 11, 2008. #041107