Gunnison Legals

—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 April 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. 2008CW44 (REF NO. 01CW222; 94CW179; 88CW124; 84CW155; 80CW148; 617(76); W-617; W-228) GUNNISON AND DELTA COUNTIES. Mountain Coal Company, L.L.C., P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434. Telephone: (970) 929-5015, (Mary Mead Hammond, Esq. and Roger L. Phillips, Esq., Carlson, Hammond & Paddock, LLC, 1700 Lincoln St., Suite 2900, Denver, CO 80203-4539, (303) 861-89000.) APPLICATION FOR FINDING OF DILIGENCE. 2. Name of Structure: Snowshoe Dam and Reservoir; Snowshoe Pipeline. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree. A. Date of Original Decree. August 11, 1969. Case No.. Civil Action No. C-5873, Court– District Court in and for Delta County. B. Legal Description: Snowshoe Dam and Reservoir will be constructed on Anthracite Creek downstream from the confluence of Snowshoe Creek, Coal Creek, and Anthracite Creek, which are all tributary to the North Fork Gunnison River. The initial point of survey is at the intersection of the dam axis with the stream channel from which point the northeast corner of Section 8, Township 13 South, Range 89 West of the 6th P.M. bears North 3,675 feet. Pursuant to the change of water rights decree in Case No. 80CW458, fifty (50) acre-feet may be diverted to storage from the North Fork Gunnison River by the Mt. Gunnison Pipeline, which Is located on the South Bank of the North Fork Gunnison River at a point which bears North 34º 08’ East 1,217 feet from the South 114 corner of Section 9, Township 13 South, Range 90 West of the 6th P.M. Snowshoe Pipeline will be located at the outlet of the Snowshoe Dam and Reservoir as described above. From the intake the Pipeline will extend westerly along the North Fork Gunnison River a distance of approximately 5.5 miles. The fifty (50) acre-feet may be stored in the following storage facilities: (I) Sedimentation Pond No. 1: Located at a point whence the Southeast corner of Section 9, Township 13 South, Range 90 West of the 60 P.M. bears South 81)7’30” East a distance of 1,050.3 feet. Said reservoir has a high water line elevation of 6,302.06 feet, and a surface area at high water line of 1.51 acres- Said reservoir has a capacity of 13.66 acre-feet, (ii) Sedimentation Pond No. 2: Located at a point whence the Southeast corner of Section 9, Township 13 South, Range 90 West of the 5” P.M. bears South 14º52’09’’ East a distance of 765.8 feet. Said reservoir has a capacity of 9.61 acre-feet. (iii) Sedimentation Pond No. 3: Located at a point whence the Southeast corner of Section 9, Township 13 South, Range 90 West of the 6th P.M, bears South 30º23’26’’ East a distance of 991.3 feet. Said reservoir has a capacity of 0.23 acre-feet, (iv) Fresh Water Pond No. 1: The initial point of survey of Fresh Water Pond No. 1 is on the dam axis at a point in “ East 1/2 of Section 9, Township 13 South, Range 90 West of the 6th P.M., from whence the Southeast corner of said Section 9 bears South 7905’01” East 1,610.65 feet, Said reservoir has a capacity of 9,98 acre-feet. (V) Fresh Water Pond No, 2. The initial point of survey of Fresh Water Pond No. 2 is on the dam axis in the East 1/2 of Section 9, Township 13 South, Range 90 West of the 6 th P.M. from whence the Southeast corner of said Section 9 bears South 5930’52” East 2,443,43 feet, Said reservoir will have a capacity of 9.98 acre-feet. C. Source: Anthracite Creek, Snowshoe Creek, and Coal Creek. Fifty (50) acre-feet of the Snowshoe Dam and Reservoir right may be diverted from the North Fork Gunnison River- D. Appropriation Date. November 17, 1967. Amount: (1) Snowshoe Dam and Reservoir: 50,000 acre-feet with 2 refill right of 25,000 acre-feet. (2) Snowshoe Pipeline: 70 c.f.s. E. Use: Mining and processing of coal and coal products and beneficial uses incidental thereto- Pursuant to the change of water right decree in Case No. 80CW458, fifty acre-feet of the Snowshoe Dam and Reservoir right were decreed for the purposes of mined land reclamation, sedimentation and pollution control, mining, industrial, commercial, manufacturing, domestic, municipal and irrigation (pursuant to land reclamation). F. Depth (if well): N/A. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The conditional water rights herein are part of an integrated water system comprising all water rights decreed and used for development and operation of the West Elk Mine. Reasonable diligence in the development of one component of the system comprises reasonable diligence in the development of all components. Background: Applicant owns and operates the West Elk Mine (the “Mine”), located south of the North Fork Gunnison River near Somerset, Colorado. The conditional water rights herein were appropriated to provide water for the operation of the Mine facility. A mining and exploration program for the Mine property was begun by Applicant’s predecessors during the late 1960’s, and continued through the 1970’s. Preliminary permits were issued in 1981, Construction began in 1981 on surface facilities, coal handling facilities, and portals for the Mine. Coal production from the “F” Seam began in 1982. Beginning in 1991, Applicant began development of the “B” Seam, and purchased and installed longwall mining facilities. Longwall mining production from the “B” Seam began in 1 1992 from the Mine has increased substantially as a result. As coal production has has and increases in the future, water demand for the Mine increases as well; in response to such increased water demand at the Mine, Applicant has engaged in substantial improvement of its water supply facilities and capabilities. Applicant operates an integrated system of water rights and facilities for operation of the Mine of which the subject conditional water rights are a part- Dilligence Activities since the last Finding Reasonable Diligence: A. In the fall of 2001. Applicant commissioned, and in 2002 and 2003 its consultants performed, a series of streamflow measurements in the North Fork Gunnison River basin, in order to establish flow data that can be used to evaluate transit losses in the stream channels of the North Fork and its tributaries. This transit loss data has been used to reevaluate transit losses charged on carriage of water owned by the Applicant in East Beckwith Reservoir No. 1 and used as a part of the unified and integrated water supply system for the Mine, including the subject conditional water rights. Applicant shared the cost of these studies with others in the area. its share of the cost of this study was approximately $17,000. B. In 2004, Applicant filed its application with the Colorado Division of Minerals and Geology for a permit to mine the “E” Seam reserves in Applicant’s Federal Lease No. C-1362. That Permit, NC). PR-10. was approved on July 7, 2006. Development of mining plans and the application to the Colorado Division of Minerals and Geology, and work on the permit since filing of the application, has involved thousands of hours of work by Mountain Coal employees. consultants, and attorneys, Since the Mine facility is a necessary prerequisite to the operation of the Mine and the development of the conditional water rights for Mine operation, this work constitutes diligence in the development of the subject conditional water rights. C. In February, 2003, the Applicant filed Case No. 03CW48 seeking a finding of reasonable diligence in the development of the conditional decree for Freshwater Pond No. 2, and a Ruling and Decree were entered later that year in Case No. 03CW48 finding reasonable diligence in the development of Freshwater Pond No. 2, and continuing that water right in full force and effect. Since the subject conditional water rights are part of a unified and integrated water supply system, of which the Freshwater Pond No. 2 water right forms a part, the Applicant’s efforts to develop that water right constitute diligence with regard to the subject conditional water rights. Legal fees incurred in connection with this case exceeded $1,200. D. In February, 2006, the Applicant filed Case No. 06CW34 seeking a finding of reasonable diligence in the development of the conditional decrees for the Mountain Coal Company Nontributary B Past Mains Fault Well, the Mountain Coal Company Nontributary Southeast Panels Fault Well, the Northeast Panels Sealed Sump, and the Northwest Panels Sealed Sump, and seeking to make portions of those water rights absolute, based on the diversion, storage, and beneficial use of water pursuant to those water rights. In December 2006, a ruling and decree was entered making the following conditional water rights absolute: 0.27 c.f.s.; 279 acre-feet of Mountain Coal Company Nontributary B East Mains Fault Well: 0.27 c.f.s. 27.9 acre-feet of Mountain Coal Company Nontributary Southeast Parcels Fault Well; and 95.8 acre-feet of Northeast Panels Sealed Sump. The court also made a finding of reasonable diligence as to the remainder of Applicant’s conditional water rights in that case. Since the subject conditional water rights are part of a unified and integrated water supply system, of which the Mountain Coal Company Nontributery B East Mains Fault Well, the Mountain Coal Company Nontributary Southeast Panels Fault Well. The Northeast Panels Sealed Sump, and the Northwest Panels Sealed Sump water rights form a part, the Applicant’s efforts to develop those water rights constitute diligence with regard to the subject conditional water rights. Legal fees incurred in connection with this case exceeded $3,200. E. in July, 2006, the Applicant filed Cases No- 06CW1 31 and 132 seeking a finding of reasonable diligence in the development of a conditional decree for the Mt. Gunnison Pipeline and seeking to make certain conditional rights absolute in part. In December, 2006, a ruling and decree were entered finding reasonable diligence in the development of the Mt. Gunnison Pipeline water right, making the conditional right absolute in part, and approving a change to correct a point of diversion. Since the subject conditional water rights are part of a unified and integrated water supply system, of which the Mt. Gunnison Pipeline water right forms a part, the Applicant’s efforts to develop that water right constitute diligence with regard to the subject conditional water rights. Legal fees incurred in connection with this case exceeded $2,600. F. In early 2008, the Applicant commissioned a conceptual feasibility study for sizing and filling Snowshoe Reservoir from Wright Water Engineers- The study was carried out and completed in February and March of 2008. It examined the physical water supply available, evaluating streamflow data from available gauge records and taking account of administration to satisfy instream flow water rights of the Colorado Water Conservation Board, and existing topography at the decreed location, creating a stage-capacity curve for the proposed reservoir. to assess the feasibility of the proposed reservoir. Engineering fees incurred in connection with this study exceeded $5,500. S. Names(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: A. United States Forest Service, 0/0 Charles Redmond, Forest Supervisor, Gunnison National Forest, 2250 Highway 50, Delta, CO 81416 (Snowshoe Dam and Reservoir: Gunnison County Parcel No: 318300000090: 318300000091) B. United States Bureau of Land Management, c/o Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215 (Snowshoe Dam and Reservoir: Snowshoe Pipeline; Gunnison County Parcel No. 318300000026; 318300000058; 31800000031; 318300000009; 318300000041; 318300000039; 318300000038 Jonathan B. Lee, et al-, P.0 Box 500, 26767 County Road 1., Somerset, CO 87934 (Snowshoe Reservoir, Gunnison County Parcel No. 318300000084). D. Laura Harms, 326 April Harbor, Montgomery. TX 77356 (Snowshoe Reservoir; Gunnison County Parcel No- 318300000008). E. Ray Prager, et al., 2842 Newport Cir., Grand Junction, CO 81503 (Snowshoe Reservoir, Gunnison County Parcel No. 318300000040). P. Charles F. Weitz, et al., 27711 County Road 12, Somerset, CO 81434 (Snowshoe Reservoir; Gunnison County Parcel No. 318300000036). G. L Ranch, A General Partnership, P.O. Box 509, Helpher, UT 84526 (Snowshoe Reservoir; Gunnison County Parcel No. 318300000002). H. Joan P. Orr Trust, 9590 Hunt Club Rd., Zionsville, IN 46077 (Snowshoe Reservoir; Gunnison County Parcel No. 31830000035). 1. Tennison Revocable Trust, 30680 County Road 12, Somerset, CO 81434 (Snowshoe Reservoir; Gunnison County Parcel No. 318300000092), J. Dwight R. Hilson, et al., 68 Angus Rd. No., Greenwich, CT 06831 (Snowshoe Reservoir; Gunnison County Parcel No. 318300000094; 318300000093). Kenneth Edward Norris, et al., 61352 Tombstone Dr., Montrose, CO 81401 (Snowshoe Reservoir; Gunnison County Parcel No. 318300000033). L. Crystal Meadows Ranch, Inc., $0680 County Road 12, Somerset, CO 81434 (Snowshoe Reservoir; Gunnison County Parcel No. 318300000072). M. Kenneth R. Bunn, et al., 600 Franklin St., Denver, GO 80218 (Snowshoe Reservoir; Gunnison County Parcel No. 318300000077). N. Michael S. Ukropina, et al,, 729 Park Ave,, Terrace Park, OH 45174 (Snowshoe Reservoir: Gunnison County Parcel No. 318300000067). 0. Mountain Coal Company, P.O. Box 591, 5174 State Highway 133, Somerset, CO 81434 (Sedimentation Ponds No. 1, 2, 3; Freshwater Ponds No, 1 and 2, Gunnison County Parcel No: 318500000005: 318500000009). WHEREFORE, Applicant requests that the Court enter a finding of reasonable diligence in the development of the conditional water rights that are the subject of this application. GUNNISON AND DELTA COUNTIES. YOU ARE FURTHER NOTIFIED THAT you have until the last day of June 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 May 9, 2008. #050909

 

­—GUNNISON COUNTY BOARD OF COMMISSIONERS—
REGIONAL HOUSING NEEDS ASSESSMENT GRANT REQUEST
PUBLIC HEARING

The Gunnison County Board of Commissioners and The Gunnison County Housing Authority has submitted an application to the Colorado Division of Housing. It is a requirement of the Division of Housing to conduct a public hearing prior to the award or acceptance of any grant. We invite all interested persons to attend a public hearing on Tuesday, May 20, 2008 at 10:15 a.m. in the Board of County Commissionersí Meeting Room in the Gunnison County Courthouse at 200 East Virginia, Gunnison. The purpose of this application and grant proposal is to request $70,000 to conduct a Regional Housing Needs Assessment. The main purpose of the housing needs assessment is to provide research that clearly defines needs and interest, types of housing, densities, and trends in housing. This housing needs assessment will also establish and quantify the need for housing over the next ten years and make recommendations for action by government, non-profits and the private sector to meet the need. The request of funding from the Division of Housing is to benefit persons with low and moderate incomes. Written comments should be mailed to 202 E. Georgia Avenue, Gunnison, CO 81230 and will be forwarded to the Division of Housing for consideration during the application process. If any special accommodations are necessary to attend the hearing, as per ADA, please contact 641-0248 or TTY 641-3061 prior to May 20, 2008.
Published in the Crested Butte News. Issue of May 9, 2008. #050902

 

—Notice of Public Hearing—
Regarding adoption of amendments to the Gunnison County Standard and Specifications for Road and Bridge Construction
PUBLIC NOTICE IS HEREBY GIVEN that the following proposed amendments to the Gunnison County Road and Bridge Standards are being considered:
Change in the name of the document
Change in requirements for Street Vacation applications
Change in requirements for Waiver of Standards applications
Copies of the proposed amendments are available at the Public Works Office, 811 Rio Grande, Gunnison, Colorado.
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of the County of Gunnison, State of Colorado, will hold a public hearing at or about 8:50 a.m. on May 20, 2008 at 200 East Virginia Avenue, Gunnison, Colorado, for the purpose of considering the adoption of these amendments to the Gunnison County Standards and Specifications for Road and Bridge Construction.
BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, COLORADO
Published in the Crested Butte News. Issue of May 9, 2008. #050907

 

—SPECIAL MEETING—
PRELIMINARY AGENDA
GUNNISON COUNTY PLANNING COMMISSION
Friday, May 9, 2008

8:30 a.m.   Call to order; determine quorum
8:32 a.m.   Taylor River Ranch, work session/no action, request for road construction to serve twenty five 35-acre parcels, and request for an “Owner’s Complex”, with a commons building, (kitchen, dining hall, pool)  and two residential units; discussion by Planning Commission regarding impact classification of “Owners Complex”; located approximately 15 miles northeast of the City of Gunnison, on Taylor River Road
8:50 a.m.   Leave for Site Visits
9:00 a.m.   Wegert, site visit/no action, request for the installation of a residential wind turbine, located at 2833 County Road 17 (Antelope Creek Road)
10:00 a.m.   Hard Rock Paving & Redi-Mix, Inc. – Hollenbeck Pit site visit/no action, request to add a portable asphalt batch plant to the existing Hollenbeck Pit, located approximately 6 miles east of the City of Gunnison, ½ mile south of Highway 50, off of County Road #42
11:00 a.m.   Glatiotis Subdivision site visit/no action request for six lot subdivision, north of the City of Gunnison, on County Rd 13
Noon    Taylor River Ranch site visit/no action, request for road construction to serve twenty five 35-acre parcels, and request for an “Owner’s Complex”, with a commons building, (kitchen, dining hall, pool)  and two residential units, located approximately 15 miles northeast of the City of Gunnison, on Taylor River Road
Lunch
2:30 p.m.   Richards site visit/no action, request for the construction of a single-family residence with attached garage and detached second residence in compliance with Section 11-108:  Development on Ridgelines; Lot 17, Red Mountain Ranch,  south of the Town of Crested Butte, west of Highway 135
3:30 p.m.   McFaul site visit/no action request for a single-family residence in compliance with Section 13-105: Residential Building Sizes and Lot Coverages, Lot 33, Red Mountain Ranch, south of the Town of Crested Butte, west of Highway 135
Adjourn
NOTE: Unless otherwise noted, all meetings are conducted in the Blackstock Government Center Meeting Room at 221 N. Wisconsin St. in Gunnison, across the street from the Post Office.  This is a preliminary agenda; agenda times may be changed by the staff up to 24 hours before the meeting date. If you are interested in a specific agenda item; you may want to call the Planning Department (641-0360) ahead of time to confirm its scheduled time. Anyone needing special accommodations, please contact the Planning Department before the meeting.
Published in the Crested Butte News. Issue of May 9, 2008. #050901

 

—NOTICE OF JOINT PUBLIC HEARING—
CONCERNING MODIFICATIONS TO THE SITE PLAN OF THE GUNNISON
CRESTED BUTTE REGIONAL AIRPORT LIGHT INDUSTRIAL PARK
SOUTHWEST OF THE CITY OF GUNNISON 
SECTIONS 2 AND 11, TOWNSHIP 49 NORTH, RANGE 1 WEST, N.M.P.M.

HEARING DATE, TIME AND LOCATION: The Gunnison County Board of County Commissioners and the County Planning Commission will conduct a joint public hearing FRIDAY, JUNE 6TH, 2008 at 1:00 p.m. in the Planning Commission Meeting Room, 2nd Floor, Blackstock Building, 221 N. Wisconsin, Gunnison, Colorado, to hear public comment concerning the proposed changes.
PARCEL LOCATION:  The land is legally described as 60-acres, being located in Sections 2 and 11, Township 49 North, Range 1 West, N.M.P.M., Gunnison County, Colorado.  Generally, the property is located southwest of the City of Gunnison; an area south of the Gunnison County Airport east/west runway, also known as the Gunnison Crested Butte Regional Airport Light Industrial Park, owned by Gunnison County.
PROPOSAL:  The proposal will modify the site plan and configuration of the lease areas initially approved for the Gunnison Crested Butte Regional Airport Light Industrial Park, Special Geographic Area designation. 
PUBLIC PARTICIPATION:  The public is invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the Planning Department, 221 N. Wisconsin, Gunnison, CO  81230), so long as they are received by 5 p.m. the evening before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the application is available for public review in the Planning Department Office, 221 N. Wisconsin; additional information may be obtained by calling the office, (970) 641-0360.
ADA ACCOMMODATIONS:  Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the meeting. /s/  Neal Starkebaum, Assistant Director of Planning.
Published in the Crested Butte News. Issue of May 9, 2008 #050905

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