—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 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. 2008CW139 (REF NO. 01CW198). Applicant: City of Gunnison, c/o Ken Coleman, City Manager, P. O. Box 239, Gunnison, CO 81230-0239. (Attorneys for Applicant: Timothy J. Beaton, Patricia M. DeChristopher, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782.) Application for Finding of Reasonable Diligence. Name of structure: O’Fallon Ditch. Legal description of the structure: Initial decreed point of diversion: East bank of the Gunnison River at a point whence the East quarter corner of Section 33, Township 51 North, Range 1 East of the N.M.P.M., bears North 85E East 1565 feet, Gunnison County, Colorado. Piloni Ditch headgate: Left bank of the Gunnison River at a point whence the Southwest corner of Section 24, Township 50 North, Range 1 West of the N.M.P.M., bears South 36E35’ West 1308 feet, Gunnison County, Colorado. Previous decrees: The O’Fallon Ditch water right was originally adjudicated in Civil Action No. 5289, by entry of a decree on June 20, 1957. The conditional water right was continued by finding of due diligence in Case No. 01CW198, by entry of a decree dated November 27, 2002. An alternate point of diversion for the O’Fallon Ditch was decreed on December 31, 1996 in Case No. 96CW056. Prior diligence findings were entered in Case Nos. 94CW180, 87CW138, 83CW13, W-153, W-755 and W-154. Source of water: Gunnison River. Date of initiation of appropriation: October 26, 1954. Amount: 10 cfs, CONDITIONAL. Use: Municipal purposes including, domestic, commercial, industrial, irrigation and fire prevention purposes. Outline of work and expenditures during the diligence period towards completion of appropriation and application of water to beneficial use: The alternate point of diversion for the O’Fallon Ditch decreed in Case No. 96CW56 (the Piloni Ditch headgate) would allow Gunnison to irrigate the Van Tuyl Ranch, which Gunnison operates as an irrigated hay meadow and well recharge area. Gunnison is currently engaged in discussions with Gunnison County, the other owner of Piloni Ditch water rights, to establish accounting and related mechanisms for both parties’ use of the Piloni Ditch. Gunnison has a pending change case (Case No. 07CW63) in Water Division No. 4 to transfer a portion of Gunnison Reservoir No. 4 to various small water storage sites, of which some percent will be used for future development on the Van Tuyl Ranch. Gunnison continues to make improvements to the well recharge area on the Van Tuyl Ranch that will be served by the O’Fallon Ditch diversions. Gunnison owns and operates the working Van Tuyl Ranch that achieves recharge by utilizing the ground as irrigated hay meadow. Additionally, during the diligence period, Gunnison incurred legal fees in an amount in excess of $61,000 related to filing statements of opposition and defense of Gunnison’s water rights against potential injury in Water Court, and to preparation and prosecution of Water Court applications to maintain Gunnison’s water rights. Name and address of owner of land upon which any new diversion structure or modification to any existing diversion structure is or will be constructed: Applicant. WHEREFORE, the City of Gunnison requests that the Water Court grant this application, find that applicant has exercised reasonable diligence, and continue the O’Fallon Ditch in the amount of 10 cfs. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2009, 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: $158.00; 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.
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 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. 2008CW139 (REF NO. 01CW198). Applicant: City of Gunnison, c/o Ken Coleman, City Manager, P. O. Box 239, Gunnison, CO 81230-0239. (Attorneys for Applicant: Timothy J. Beaton, Patricia M. DeChristopher, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782.) Application for Finding of Reasonable Diligence. Name of structure: O’Fallon Ditch. Legal description of the structure: Initial decreed point of diversion: East bank of the Gunnison River at a point whence the East quarter corner of Section 33, Township 51 North, Range 1 East of the N.M.P.M., bears North 85E East 1565 feet, Gunnison County, Colorado. Piloni Ditch headgate: Left bank of the Gunnison River at a point whence the Southwest corner of Section 24, Township 50 North, Range 1 West of the N.M.P.M., bears South 36E35’ West 1308 feet, Gunnison County, Colorado. Previous decrees: The O’Fallon Ditch water right was originally adjudicated in Civil Action No. 5289, by entry of a decree on June 20, 1957. The conditional water right was continued by finding of due diligence in Case No. 01CW198, by entry of a decree dated November 27, 2002. An alternate point of diversion for the O’Fallon Ditch was decreed on December 31, 1996 in Case No. 96CW056. Prior diligence findings were entered in Case Nos. 94CW180, 87CW138, 83CW13, W-153, W-755 and W-154. Source of water: Gunnison River. Date of initiation of appropriation: October 26, 1954. Amount: 10 cfs, CONDITIONAL. Use: Municipal purposes including, domestic, commercial, industrial, irrigation and fire prevention purposes. Outline of work and expenditures during the diligence period towards completion of appropriation and application of water to beneficial use: The alternate point of diversion for the O’Fallon Ditch decreed in Case No. 96CW56 (the Piloni Ditch headgate) would allow Gunnison to irrigate the Van Tuyl Ranch, which Gunnison operates as an irrigated hay meadow and well recharge area. Gunnison is currently engaged in discussions with Gunnison County, the other owner of Piloni Ditch water rights, to establish accounting and related mechanisms for both parties’ use of the Piloni Ditch. Gunnison has a pending change case (Case No. 07CW63) in Water Division No. 4 to transfer a portion of Gunnison Reservoir No. 4 to various small water storage sites, of which some percent will be used for future development on the Van Tuyl Ranch. Gunnison continues to make improvements to the well recharge area on the Van Tuyl Ranch that will be served by the O’Fallon Ditch diversions. Gunnison owns and operates the working Van Tuyl Ranch that achieves recharge by utilizing the ground as irrigated hay meadow. Additionally, during the diligence period, Gunnison incurred legal fees in an amount in excess of $61,000 related to filing statements of opposition and defense of Gunnison’s water rights against potential injury in Water Court, and to preparation and prosecution of Water Court applications to maintain Gunnison’s water rights. Name and address of owner of land upon which any new diversion structure or modification to any existing diversion structure is or will be constructed: Applicant. WHEREFORE, the City of Gunnison requests that the Water Court grant this application, find that applicant has exercised reasonable diligence, and continue the O’Fallon Ditch in the amount of 10 cfs. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2009, 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: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401.
Published in the Crested Butte News. Issue of December 12, 2008. #121204
—COMMISSIONERS’ PROCEEDINGS—
the county commissioners of gunnison county
At the regular meeting of the County Commissioners of Gunnison County, held in the Commissioners’ Room in the Gunnison County Courthouse, the County Seat, on the 21st of October, 2008, vouchers were approved and warrants ordered drawn on the accounts as follows:
01 – General Fund 272,324.05
02 – Road & Bridge 130,016.24
03 – Social Services 35,097.48
10 – Airport Operations 39,556.42
12 – Sales Tax 32,300.44
25 – Library 2,935.61
30 – Mosquito District 28.89
32 – Sage Grouse Mitigation 0.06
41 – Airport Construction 885,600.38
43 – Capital Expenditures 3,272.21
50 – Sewer Districts 9,259.82
51 – Water District 6,604.84
52 – Landfill 38,667.34
70 – Housing Authority 5,909.82
72 – Assisted Living 3,040.65
80 – Internal Service – I 134,089.58
82 – Internal Service – II 19,430.43
90 – Internal Service – III 6,838.60
91 – Local Marketing Dist 118,866.67
92 – Transportation Dist 358,697.24
Total $2,102,536.77
** – MULTIPLE FUNDS
01 – Doubletree Hotel – Lodging 357.00
01 – S Schroder – Meals & Lodging 376.74
01 – J Alarcon – Co Tr Immig Grant 50.00
01 – H Meyer – Co Tr Immig Grant 204.00
01 – United Cong Church – Implement 114.25
01 – WSC – Implementation 2,653.57
01 – R Wilkinson – Co Tr Immig Grant 200.00
03 – Ed Rosindale – Prof Svcs 187.50
02 – Terry Shanahan – Prof Svcs 219.12
03 – Human Services Expense 5,770.45
10 – Co Pub Health & Env – Bldg Mtce 170.00
52 – Co Public Health – Books 10.00
01 – M Peterson – Prof Svcs 75.00
03 – W Slope Ctr for Children – Travel 50.00
** – Chg Fd Finance – Travel 108.16
01 – Chg Fd Public Health – Postage 68.11
** – U S Postoffice – Postage 4,011.47
01 – Office of the District Atty – Pr Svcs 57,953.25
10 – Western Lbr Supply – Bldg Mtce 13.00
01 – Tyssenkrupp Elevator – Mtce Contr 2,684.65
** – City of Gunn – Utilities 9,661.76
01 – R Murdie – Meals 49.63
82 – Pitney Bowes – Equip Rental 3,024.00
** – Paper Clip – Office Supplies 4,643.50
** – Xerox – Rental Equipment 1,290.43
** – Sweitzer Oil – Fuel 27,500.77
** – Qwest – Telephone 1,907.79
** – Co Public Health – State Fees 3,501.25
01 – Gunn Vly Hosp – Cancer Control 1,167.41
01 – B & B Printers – Office Supplies 74.00
** – TDS Telecom – Long Distance 316.64
** – Gunn Ctry Pub – Advertising 3,300.82
** – Gunn Cty Electric – Utilities 543.58
** – Monty’s – Parts 3,317.10
80 – Hartman Bros – Shop supplies 54.31
80 – Drive Train – Parts 1,319.15
03 – Mesa County Sheriff – Prof Svcs 97.16
01 – Quill Corp – Refund of Expend 856.76
01 – West Pmt Ctr – Law Library 1,207.06
** – Fullmers Hardware – Op Supplies 999.20
** – Gunn Vly Fam Phys – Prenatal 1,430.00
01 – Govt Finance Officers – Dues 185.00
** – Master Petroleum – Fuel 1,499.54
80 – W Slope Connection – Shop supp 9.50
80 – Snap – on Tools – Training 160.00
80 – Holy Cross Energy – Utilities 27.57
80 – Wagner Eq Co – Repairs 3,179.49
01 – Ctr for Mental Health – Implement 1,700.00
** – Delta Montrose Elect – Utilities 442.52
01 – Co County Attorneys – Training 125.00
** – Gunn Fam Med Ctr – Light Prog 1,030.00
03 – Std Tire – H S Expense 125.00
01 – Marios – Meals 233.58
** – Alsco – Laundry 340.42
** – Blue Mesa Lbr – Equipment 212.31
80 – Safety Kleen – Rental Equip 1,288.98
** – Sherwin – Williams – Bldg Mtce 105.42
80 – Tomichi Tire – Tires 651.12
01 – Gunn Country Shopper – Adver 890.62
03 – Denver Post – Advertising 1,279.38
03 – Daily Sentinel – Advertising 436.70
80 – L Partch – Cell Phone 45.00
43 – J Stone – Travel 1,087.17
80 – Faris Machinery – Parts 116.73
80 – Roberts Enter – Trash Removal 43.50
01 – Rky Mtn Hardware – Bldg Mtce 68.05
01 – Am Planning Assn – Dues&Mtgs 643.00
01 – Co Counties Inc – Meetings 11.63
01 – Hinsdale County – Healthy Aging 2,308.76
** – City of Gunn Other – Sew Treat 9,182.45
80 – Hanson Eq – Parts 315.45
10 – Zep Mfg – Operating Supplies 242.76
01 – Gunn Cty Ext – Meetings 742.68
80 – Interstate Batteries – Parts 165.90
01 – Crystal Mtce – Operating Supplies 917.55
80 – Napa Auto Carbondale – Parts 30.51
02 – Fed Express – Postage 20.65
** – Roaring Fork Vly Coop – Fuel 1,690.65
92 – Alpine Express – Ground Transport 25,082.52
80 – Two Way Comm – Repairs 66.00
01 – WSC – Prof Svcs 10,000.00
01 – L Nienhueser – Travel 70.20
25 – Natl Geographic Kids – Magazines 19.95
80 – John Roberts Mtr Wks – Parts 71.21
01 – Gunn W Fed CU – Credit Union 11,086.16
01 – Chg Fd Sheriff – Postage 22.52
10 – Swire Coca Cola – Vending Mach 232.08
01 – Gunn Chamber – Teambuilding 50.00
01 – R Corbett – Cell phone 35.00
01 – Sodexho, Inc – Meetings 224.20
01 – Fuller Advertising – WIC Prog 284.00
** – Respond Systems – Op supplies 29.35
01 – Co State Univ – Prof Svcs 11,326.60
** – United Parcel Service – Postage 140.45
02 – Michael Collins – Prof Svcs 947.50
02 – N Star Surveying – Prof Svcs 1,610.50
12 – Bio – Environs – Business Park 516.25
25 – Motor Trend – Magazines 12.00
80 – CB True Value – Shop supplies 7.78
01 – High Country News – Subscript 47.00
01 – C Dawson – Health Init Imple 366.52
03 – Alpine Inn – Prof Svcs 118.00
** – Rental Service Corp – Rental Eq 1,190.00
01 – Gunn Country Partners – Imple 5,000.00
25 – Ingram Lib Svcs – Gooks 907.48
01 – Tyler Tech – Software Subscr 3,428.00
01 – Chematox Lab – Prof Svcs 29.50
** – McMahan & Assoc – Audit 16,050.00
** – GJ Pipe – Grounds Mtce 470.16
** – Gunn Construction – Rental Eq 780.00
03 – Days Inn – H S Exp 118.00
01 – Gunn Security – Bldg Mtce 687.39
01 – Farrells Rest – Tobacco Control 233.95
01 – Co Assessors Assoc – Dues 225.00
51 – Hach Co – Repairs & Mtce 3,743.95
01 – Sysco Fd Svc – Prisoner Meals 5,343.15
80 – Waste Mgt – Trash Removal 16.07
01 – Buena Vista Corr Ctr – Op Supp 54.50
01 – R Barnes – Meals 76.49
82 – J Guy – Travel 308.76
01 – M Roper – Cell Phone 100.00
01 – Verizon Wireless – Cell Phone 49.21
01 – Boss in Montrose – Rental Eq 37.70
01 – J – O – M Pharm Svc – Pharm Supp 2,269.44
01 – Cons Elect Dist – Op Supp 51.00
50 – USA Blue Bk – Op Supp 215.79
02 – J Metroz – Safety Recognition 25.00
10 – Sign Guys & Gal! – Ranch R&M 68.00
92 – JCI – Const Costs 21,765.00
80 – JJ Keller & Assoc – Books 256.95
** – Amerigas – Utilities 2,966.00
** – Mtn States Employers – Training 500.00
01 – Fam Support Reg – Garnishees 215.00
** – Firebrand – P C Meetings 103.80
03 – IKON Office Solutions – Eq Mtce 313.48
03 – Delta Cty Sheriff – Prof Svcs 25.00
02 – S McCormick – Cell Phone 35.00
** – Superior Alarm – Mtce Contr 1,071.80
01 – Keefe Supply – Prisoner Meals 134.66
10 – J Devore – Cell Phone 45.00
82 – Dell Marketing – Sys Eq Imp 1,659.96
80 – Force America – Parts 477.49
** – Central Dist – Op Supp 510.48
01 – J McKenna – Emp Recognition 100.00
** – Dove Graphics – Imple 4,154.00
10 – CDOT – Div of Aeronautics – Mtgs 110.60
01 – Mesa Mechanical – Equipment 892.30
70 – NAHRO – Dues & Mtgs 100.00
51 – UNCC – Subscriptions 45.56
01 – Doubletree Hotel – Lodging 238.00
** – Pat’s Screen Printing – Imple 5,078.60
25 – Recorded Books – CD’s 31.00
01 – J Kelley – Nurse Fam Ptnrship 343.22
01 – R Reed – PC Mtgs 250.00
01 – Sanofi Pasteur – Op Supplies 5,216.75
03 – State Forms & Pub – Office Supp 25.43
25 – Sunset – Magazines 24.00
01 – Henry Schein – Prev Grant 2 606.70
01 – S Morrill – Travel 223.01
** – CDW Govt – Equipment 1,967.31
03 – Tenderfoot – H S Expense 359.70
12 – Syline Gen Contr – Cap Outlay 30,000.00
01 – Quartermaster – Op Supplies 79.99
01 – Hart Intercivic – Office Supp 63.04
82 – GL Computer Svc – Sys Eq Imp 868.91
82 – E Brown – Cell Phone 129.51
01 – R Morgan – WIC Program 147.42
01 – C Smith – Cell phone 45.00
01 – Co Fitness – Health Club Mbr 720.00
01 – Sprint – Long Dist 42.33
01 – MW Cancer Screening – Lab Svcs 454.59
80 – Wells Fargo Broker – Lease Pmt 97,481.64
** – CB News – Advertising 795.08
02 – A Moores – Cell Phone 45.00
** – Walmart – Office Supplies 231.95
01 – Stericycle – Op Supplies 415.17
03 – Wee Care – Child Care 2,466.74
25 – L Sego – Janitorial Svcs 300.00
02 – B Mazzuca – Travel 224.06
01 – CJZA Miller Prop – Office Rent 450.00
03 – P Zamora – Travel 224.51
10 – David Neff Design – Bldg Imp 6,213.65
10 – Ron’s Small Eng Repair – Eq Rep 40.00
03 – S Deetz – Travel 303.05
01 – AFLAC – Supplemental Policies 1,194.42
03 – R Brown – Travel & Cell phone 422.33
01 – Paragon Comput – Healthy Aging 641.40
** – Atmos Energy – Utilities 391.32
70 – CHFA – Interest Payments 210.58
** – Kroger – Operating Supplies 956.61
41 – Carter & Burgess – Prof Svcs 40,456.25
** – Paetec – Telephone 885.26
03 – Drug Testing – Pr Svcs 24.00
01 – K Stewart – Healthy Aging 317.76
02 – J Brekke – Cell Phone 45.00
01 – GMPCS Pers Comm – Sat Phone 58.92
03 – N Stevenson – Travel 74.05
10 – Delta Implement – Eq Repair 6,450.06
01 – Hometown Happenings – Advert 135.00
01 – Rita McDermott – Prof Svcs 120.00
** – CB Weekly – Advertising 191.50
01 – N Lypps – PC Mtgs 250.00
92 – Airplanners – Contract Help 5,600.00
** – NGS American – Admin Fees 4,030.50
91 – Gunn – CB Tourism – Contr Svcs 1,164.37
01 – J Stevenson – Landscaping 400.00
02 – Tracker Software – S/W Subsc 500.00
10 – Mocha’s – Training 96.00
** – Wells Fargo Cr – Mls&Ldging 21,262.43
01 – Write On – Advertising 290.00
03 – M Semlow – Cell Phone 45.00
01 – Globalstar – Sat Phone 109.29
01 – Lexisnexis – Op Supplies 740.00
10 – Golden Eagle – Trash Removal 209.25
01 – KBUT – Implementation 661.50
01 – W Elk Search & Rescue – DOW 3,813.00
01 – Gunn Area Restorative – Imple 4,500.00
** – A&B Mechanical – Bldg Imp 10,207.00
82 – Software Spectrum – Software 6,784.44
91 – Marble Tourism Association 2,428.35
01 – Offcenter Designs – Adv 350.00
02 – Stripe a Lot – Paint 31,747.63
01 – Office for Resource Efficiency 3,000.00
** – Drug Testing – Prof Svcs 3,871.00
01 – Chg Fd Co Tr Imm Grant 80.00
72 – Wells Fargo Bank – Pr & Int 3,040.65
90 – Triad Resource Grp – Emp Assist 1,116.96
01 – Dr T Bonney – Prenatal 500.00
92 – S Truex – Travel 241.06
01 – R & S Northeast – Pharm Supp 1,841.35
01 – I Billick – PC Mtgs 125.00
01 – Gunn Valley Animal Welfare 375.00
** – AT&T Mobility – Cell Phone 686.93
82 – Tuck Comm Svc – Eq Mtce 136.00
01 – Montrose Cty – Health Init Imp 2772.35
** – Qwest Business Svcs – LD 495.79
01 – Gunn Vet Clinic – K – 9 Trng 105.00
01 – Cochran Fish&Wildlife – Pr Svcs 6,550.00
** – Laudick Napa Auto – Parts 140.81
92 – Truex Mgt Svcs – Prof Svcs 5,000.00
01 – M Wacker – Prev Grant 2 315.32
01 – Emp Sec Dept – Garnishees 170.00
01 – R Karas – PC Mtgs 250.00
03 – M Cheever – Travel & Cell Phone 378.51
01 – Sage Resources – Prof Svcs 5,981.75
80 – Boom – a – rang – Shop Supplies 56.00
01 – Apex Nutrition – WIC Program 2,060.00
01 – Bank of America – Garnishees 695.72
01 – Co Legal Svcs – Co Tr Imm Grant 209.00
01 – T & A Enterprises – Janitor Svcs 4,100.00
01 – Alpine Cleaning – Janitorial Svcs 4,900.00
80 – Fastenal Ind – Shop Supplies 82.56
10 – Time Warner Cable – Utilities 69.95
52 – Envirosolve – Haz Waste 23,348.00
80 – R&B Supply – Shop Supplies 124.43
01 – D Owen – PC Mtgs 250.00
01 – J P Cooke Co – Op Supp 63.05
01 – K McFarland – Training 409.00
92 – Comm Banks of Co CB – A/R 300,000.00
01 – J Messner – PC Mtgs 125.00
01 – M Birnie – Cell Phone 75.00
82 – Mitchell & Co – Prof Svcs 188.00
01 – W Slope Maint – Janitorial Svcs 345.00
01 – Camfil Farr – Op Sup 658.13
03 – J Mason – Cell Phone 45.00
01 – K Bemis – WIC Program 754.78
01 – K Daily – Landscaping 300.00
01 – S Lumb – PC Mtgs 250.00
03 – Atmos Energy – Energy Assist 457.81
01 – Griffith Ctrs for Children – Pr Svcs 1,839.54
01 – G Howard – Healthy Aging Grant 53.82
** – Stampede Pest & Weed – Pr Svcs 3,733.51
01 – Roshambo – Advertising 470.00
01 – Continuing Legal Ed – Books 91.00
01 – Accurint – Software Subscription 30.00
01 – Positive Promos – Cancer Contr 554.32
03 – A Harris – Travel & Cell Phone 270.68
01 – Intermtn Pathologists – Autopsy 5,550.00
01 – FNC – Invest Comm/Fees 599.38
82 – M Lee – Cell Phone 70.00
90 – Lincoln Natl – Life Ins Premiums 1,648.71
80 – Gunn Auto Glass – Parts 671.69
51 – Gunn Shipping – Postage 119.92
01 – M Mugglestone – Prof Svcs 4,180.63
01 – Co Pub Health – State ISDS Fees 880.00
10 – Premier Tech – Eq Mtce 69.00
90 – ACE – USA – Life Ins Premiums 258.30
10 – C Cadwell – Cell Phone 35.00
10 – K Gant – Cell Phone 35.00
03 – Shred it Denver – Prof Svcs 75.00
10 – Siemens – Eq Mtce 885.88
01 – Staples – Office Supp 93.49
80 – GJ Peterbilt – Parts 1,013.50
52 – Toxco – Hazardous Waste Collect 532.00
03 – S Ruble – Pr Svcs 7,280.00
03 – Garfield Cty Sheriff – Prof Svcs 154.08
03 – C Gonzalez – Travel 53.35
70 – Homeless Prevent 700.00
70 – Resident Check – Prof Svcs 96.00
70 – Luke Danielson – Restricted Don 1,000.00
52 – Pro Shed – Bldg Improvements 8,782.50
03 – Maria Call – Prof Svcs 217.02
01 – Forensics Source – Op Supplies 14.89
41 – Concrete Wks of Co – Constr 845,114.13
25 – Antiques & Collecting – Mag 38.00
01 – N Salemme – Nurt Parent Exp 290.99
01 – Dr S Niccoli – Prenatal Program 500.00
01 – Haberman Painting – Bldg Imp 4,500.00
01 – J Grant – Early Childhd Exp 232.83
80 – Fed Pulblishing – Books 178.50
01 – Character Devt Sys – Prof Svcs 177.10
80 – Montrose Ford – Parts 278.06
03 – Abbie O’Regan – Prof Svcs 120.00
03 – D Delany – Travel 546.57
01 – Homewood Stes – NurseFam Ptnr 158.00
70 – Williams Eng – Prof Svcs 390.00
70 – Schmueser Gordon – Prof Svcs 2,654.00
43 – Hinsdale Cty Sheriff – Equip 1,100.00
80 – K Biesemeyer – Rental Eq 225.00
10 – D Fry – Cell Phone 35.00
02 – G A Western – Const Costs 91,820.52
52 – KRW Consulting – Prof Svcs 168.00
02 – Newman Traffic – Sign Matls 72.41
80 – G Reichle – Eq Rent 225.00
01 – Safeway – Prisoner Meals 122.94
52 – United Co – Transportation 130.00
01 – CB Heritage Museum 3,000.00
01 – WSC Search & Rescue – Trng 100.80
Total $2,102,536.77
the county commissioners of gunnison county
At the regular meeting of the County Commissioners of Gunnison County, held in the Commissioners’ Room in the Gunnison County Courthouse, the County Seat, on the 21st of October, 2008, vouchers were approved and warrants ordered drawn on the accounts as follows:
01 – General Fund 272,324.05
02 – Road & Bridge 130,016.24
03 – Social Services 35,097.48
10 – Airport Operations 39,556.42
12 – Sales Tax 32,300.44
25 – Library 2,935.61
30 – Mosquito District 28.89
32 – Sage Grouse Mitigation 0.06
41 – Airport Construction 885,600.38
43 – Capital Expenditures 3,272.21
50 – Sewer Districts 9,259.82
51 – Water District 6,604.84
52 – Landfill 38,667.34
70 – Housing Authority 5,909.82
72 – Assisted Living 3,040.65
80 – Internal Service – I 134,089.58
82 – Internal Service – II 19,430.43
90 – Internal Service – III 6,838.60
91 – Local Marketing Dist 118,866.67
92 – Transportation Dist 358,697.24
Total $2,102,536.77
** – MULTIPLE FUNDS
01 – Doubletree Hotel – Lodging 357.00
01 – S Schroder – Meals & Lodging 376.74
01 – J Alarcon – Co Tr Immig Grant 50.00
01 – H Meyer – Co Tr Immig Grant 204.00
01 – United Cong Church – Implement 114.25
01 – WSC – Implementation 2,653.57
01 – R Wilkinson – Co Tr Immig Grant 200.00
03 – Ed Rosindale – Prof Svcs 187.50
02 – Terry Shanahan – Prof Svcs 219.12
03 – Human Services Expense 5,770.45
10 – Co Pub Health & Env – Bldg Mtce 170.00
52 – Co Public Health – Books 10.00
01 – M Peterson – Prof Svcs 75.00
03 – W Slope Ctr for Children – Travel 50.00
** – Chg Fd Finance – Travel 108.16
01 – Chg Fd Public Health – Postage 68.11
** – U S Postoffice – Postage 4,011.47
01 – Office of the District Atty – Pr Svcs 57,953.25
10 – Western Lbr Supply – Bldg Mtce 13.00
01 – Tyssenkrupp Elevator – Mtce Contr 2,684.65
** – City of Gunn – Utilities 9,661.76
01 – R Murdie – Meals 49.63
82 – Pitney Bowes – Equip Rental 3,024.00
** – Paper Clip – Office Supplies 4,643.50
** – Xerox – Rental Equipment 1,290.43
** – Sweitzer Oil – Fuel 27,500.77
** – Qwest – Telephone 1,907.79
** – Co Public Health – State Fees 3,501.25
01 – Gunn Vly Hosp – Cancer Control 1,167.41
01 – B & B Printers – Office Supplies 74.00
** – TDS Telecom – Long Distance 316.64
** – Gunn Ctry Pub – Advertising 3,300.82
** – Gunn Cty Electric – Utilities 543.58
** – Monty’s – Parts 3,317.10
80 – Hartman Bros – Shop supplies 54.31
80 – Drive Train – Parts 1,319.15
03 – Mesa County Sheriff – Prof Svcs 97.16
01 – Quill Corp – Refund of Expend 856.76
01 – West Pmt Ctr – Law Library 1,207.06
** – Fullmers Hardware – Op Supplies 999.20
** – Gunn Vly Fam Phys – Prenatal 1,430.00
01 – Govt Finance Officers – Dues 185.00
** – Master Petroleum – Fuel 1,499.54
80 – W Slope Connection – Shop supp 9.50
80 – Snap – on Tools – Training 160.00
80 – Holy Cross Energy – Utilities 27.57
80 – Wagner Eq Co – Repairs 3,179.49
01 – Ctr for Mental Health – Implement 1,700.00
** – Delta Montrose Elect – Utilities 442.52
01 – Co County Attorneys – Training 125.00
** – Gunn Fam Med Ctr – Light Prog 1,030.00
03 – Std Tire – H S Expense 125.00
01 – Marios – Meals 233.58
** – Alsco – Laundry 340.42
** – Blue Mesa Lbr – Equipment 212.31
80 – Safety Kleen – Rental Equip 1,288.98
** – Sherwin – Williams – Bldg Mtce 105.42
80 – Tomichi Tire – Tires 651.12
01 – Gunn Country Shopper – Adver 890.62
03 – Denver Post – Advertising 1,279.38
03 – Daily Sentinel – Advertising 436.70
80 – L Partch – Cell Phone 45.00
43 – J Stone – Travel 1,087.17
80 – Faris Machinery – Parts 116.73
80 – Roberts Enter – Trash Removal 43.50
01 – Rky Mtn Hardware – Bldg Mtce 68.05
01 – Am Planning Assn – Dues&Mtgs 643.00
01 – Co Counties Inc – Meetings 11.63
01 – Hinsdale County – Healthy Aging 2,308.76
** – City of Gunn Other – Sew Treat 9,182.45
80 – Hanson Eq – Parts 315.45
10 – Zep Mfg – Operating Supplies 242.76
01 – Gunn Cty Ext – Meetings 742.68
80 – Interstate Batteries – Parts 165.90
01 – Crystal Mtce – Operating Supplies 917.55
80 – Napa Auto Carbondale – Parts 30.51
02 – Fed Express – Postage 20.65
** – Roaring Fork Vly Coop – Fuel 1,690.65
92 – Alpine Express – Ground Transport 25,082.52
80 – Two Way Comm – Repairs 66.00
01 – WSC – Prof Svcs 10,000.00
01 – L Nienhueser – Travel 70.20
25 – Natl Geographic Kids – Magazines 19.95
80 – John Roberts Mtr Wks – Parts 71.21
01 – Gunn W Fed CU – Credit Union 11,086.16
01 – Chg Fd Sheriff – Postage 22.52
10 – Swire Coca Cola – Vending Mach 232.08
01 – Gunn Chamber – Teambuilding 50.00
01 – R Corbett – Cell phone 35.00
01 – Sodexho, Inc – Meetings 224.20
01 – Fuller Advertising – WIC Prog 284.00
** – Respond Systems – Op supplies 29.35
01 – Co State Univ – Prof Svcs 11,326.60
** – United Parcel Service – Postage 140.45
02 – Michael Collins – Prof Svcs 947.50
02 – N Star Surveying – Prof Svcs 1,610.50
12 – Bio – Environs – Business Park 516.25
25 – Motor Trend – Magazines 12.00
80 – CB True Value – Shop supplies 7.78
01 – High Country News – Subscript 47.00
01 – C Dawson – Health Init Imple 366.52
03 – Alpine Inn – Prof Svcs 118.00
** – Rental Service Corp – Rental Eq 1,190.00
01 – Gunn Country Partners – Imple 5,000.00
25 – Ingram Lib Svcs – Gooks 907.48
01 – Tyler Tech – Software Subscr 3,428.00
01 – Chematox Lab – Prof Svcs 29.50
** – McMahan & Assoc – Audit 16,050.00
** – GJ Pipe – Grounds Mtce 470.16
** – Gunn Construction – Rental Eq 780.00
03 – Days Inn – H S Exp 118.00
01 – Gunn Security – Bldg Mtce 687.39
01 – Farrells Rest – Tobacco Control 233.95
01 – Co Assessors Assoc – Dues 225.00
51 – Hach Co – Repairs & Mtce 3,743.95
01 – Sysco Fd Svc – Prisoner Meals 5,343.15
80 – Waste Mgt – Trash Removal 16.07
01 – Buena Vista Corr Ctr – Op Supp 54.50
01 – R Barnes – Meals 76.49
82 – J Guy – Travel 308.76
01 – M Roper – Cell Phone 100.00
01 – Verizon Wireless – Cell Phone 49.21
01 – Boss in Montrose – Rental Eq 37.70
01 – J – O – M Pharm Svc – Pharm Supp 2,269.44
01 – Cons Elect Dist – Op Supp 51.00
50 – USA Blue Bk – Op Supp 215.79
02 – J Metroz – Safety Recognition 25.00
10 – Sign Guys & Gal! – Ranch R&M 68.00
92 – JCI – Const Costs 21,765.00
80 – JJ Keller & Assoc – Books 256.95
** – Amerigas – Utilities 2,966.00
** – Mtn States Employers – Training 500.00
01 – Fam Support Reg – Garnishees 215.00
** – Firebrand – P C Meetings 103.80
03 – IKON Office Solutions – Eq Mtce 313.48
03 – Delta Cty Sheriff – Prof Svcs 25.00
02 – S McCormick – Cell Phone 35.00
** – Superior Alarm – Mtce Contr 1,071.80
01 – Keefe Supply – Prisoner Meals 134.66
10 – J Devore – Cell Phone 45.00
82 – Dell Marketing – Sys Eq Imp 1,659.96
80 – Force America – Parts 477.49
** – Central Dist – Op Supp 510.48
01 – J McKenna – Emp Recognition 100.00
** – Dove Graphics – Imple 4,154.00
10 – CDOT – Div of Aeronautics – Mtgs 110.60
01 – Mesa Mechanical – Equipment 892.30
70 – NAHRO – Dues & Mtgs 100.00
51 – UNCC – Subscriptions 45.56
01 – Doubletree Hotel – Lodging 238.00
** – Pat’s Screen Printing – Imple 5,078.60
25 – Recorded Books – CD’s 31.00
01 – J Kelley – Nurse Fam Ptnrship 343.22
01 – R Reed – PC Mtgs 250.00
01 – Sanofi Pasteur – Op Supplies 5,216.75
03 – State Forms & Pub – Office Supp 25.43
25 – Sunset – Magazines 24.00
01 – Henry Schein – Prev Grant 2 606.70
01 – S Morrill – Travel 223.01
** – CDW Govt – Equipment 1,967.31
03 – Tenderfoot – H S Expense 359.70
12 – Syline Gen Contr – Cap Outlay 30,000.00
01 – Quartermaster – Op Supplies 79.99
01 – Hart Intercivic – Office Supp 63.04
82 – GL Computer Svc – Sys Eq Imp 868.91
82 – E Brown – Cell Phone 129.51
01 – R Morgan – WIC Program 147.42
01 – C Smith – Cell phone 45.00
01 – Co Fitness – Health Club Mbr 720.00
01 – Sprint – Long Dist 42.33
01 – MW Cancer Screening – Lab Svcs 454.59
80 – Wells Fargo Broker – Lease Pmt 97,481.64
** – CB News – Advertising 795.08
02 – A Moores – Cell Phone 45.00
** – Walmart – Office Supplies 231.95
01 – Stericycle – Op Supplies 415.17
03 – Wee Care – Child Care 2,466.74
25 – L Sego – Janitorial Svcs 300.00
02 – B Mazzuca – Travel 224.06
01 – CJZA Miller Prop – Office Rent 450.00
03 – P Zamora – Travel 224.51
10 – David Neff Design – Bldg Imp 6,213.65
10 – Ron’s Small Eng Repair – Eq Rep 40.00
03 – S Deetz – Travel 303.05
01 – AFLAC – Supplemental Policies 1,194.42
03 – R Brown – Travel & Cell phone 422.33
01 – Paragon Comput – Healthy Aging 641.40
** – Atmos Energy – Utilities 391.32
70 – CHFA – Interest Payments 210.58
** – Kroger – Operating Supplies 956.61
41 – Carter & Burgess – Prof Svcs 40,456.25
** – Paetec – Telephone 885.26
03 – Drug Testing – Pr Svcs 24.00
01 – K Stewart – Healthy Aging 317.76
02 – J Brekke – Cell Phone 45.00
01 – GMPCS Pers Comm – Sat Phone 58.92
03 – N Stevenson – Travel 74.05
10 – Delta Implement – Eq Repair 6,450.06
01 – Hometown Happenings – Advert 135.00
01 – Rita McDermott – Prof Svcs 120.00
** – CB Weekly – Advertising 191.50
01 – N Lypps – PC Mtgs 250.00
92 – Airplanners – Contract Help 5,600.00
** – NGS American – Admin Fees 4,030.50
91 – Gunn – CB Tourism – Contr Svcs 1,164.37
01 – J Stevenson – Landscaping 400.00
02 – Tracker Software – S/W Subsc 500.00
10 – Mocha’s – Training 96.00
** – Wells Fargo Cr – Mls&Ldging 21,262.43
01 – Write On – Advertising 290.00
03 – M Semlow – Cell Phone 45.00
01 – Globalstar – Sat Phone 109.29
01 – Lexisnexis – Op Supplies 740.00
10 – Golden Eagle – Trash Removal 209.25
01 – KBUT – Implementation 661.50
01 – W Elk Search & Rescue – DOW 3,813.00
01 – Gunn Area Restorative – Imple 4,500.00
** – A&B Mechanical – Bldg Imp 10,207.00
82 – Software Spectrum – Software 6,784.44
91 – Marble Tourism Association 2,428.35
01 – Offcenter Designs – Adv 350.00
02 – Stripe a Lot – Paint 31,747.63
01 – Office for Resource Efficiency 3,000.00
** – Drug Testing – Prof Svcs 3,871.00
01 – Chg Fd Co Tr Imm Grant 80.00
72 – Wells Fargo Bank – Pr & Int 3,040.65
90 – Triad Resource Grp – Emp Assist 1,116.96
01 – Dr T Bonney – Prenatal 500.00
92 – S Truex – Travel 241.06
01 – R & S Northeast – Pharm Supp 1,841.35
01 – I Billick – PC Mtgs 125.00
01 – Gunn Valley Animal Welfare 375.00
** – AT&T Mobility – Cell Phone 686.93
82 – Tuck Comm Svc – Eq Mtce 136.00
01 – Montrose Cty – Health Init Imp 2772.35
** – Qwest Business Svcs – LD 495.79
01 – Gunn Vet Clinic – K – 9 Trng 105.00
01 – Cochran Fish&Wildlife – Pr Svcs 6,550.00
** – Laudick Napa Auto – Parts 140.81
92 – Truex Mgt Svcs – Prof Svcs 5,000.00
01 – M Wacker – Prev Grant 2 315.32
01 – Emp Sec Dept – Garnishees 170.00
01 – R Karas – PC Mtgs 250.00
03 – M Cheever – Travel & Cell Phone 378.51
01 – Sage Resources – Prof Svcs 5,981.75
80 – Boom – a – rang – Shop Supplies 56.00
01 – Apex Nutrition – WIC Program 2,060.00
01 – Bank of America – Garnishees 695.72
01 – Co Legal Svcs – Co Tr Imm Grant 209.00
01 – T & A Enterprises – Janitor Svcs 4,100.00
01 – Alpine Cleaning – Janitorial Svcs 4,900.00
80 – Fastenal Ind – Shop Supplies 82.56
10 – Time Warner Cable – Utilities 69.95
52 – Envirosolve – Haz Waste 23,348.00
80 – R&B Supply – Shop Supplies 124.43
01 – D Owen – PC Mtgs 250.00
01 – J P Cooke Co – Op Supp 63.05
01 – K McFarland – Training 409.00
92 – Comm Banks of Co CB – A/R 300,000.00
01 – J Messner – PC Mtgs 125.00
01 – M Birnie – Cell Phone 75.00
82 – Mitchell & Co – Prof Svcs 188.00
01 – W Slope Maint – Janitorial Svcs 345.00
01 – Camfil Farr – Op Sup 658.13
03 – J Mason – Cell Phone 45.00
01 – K Bemis – WIC Program 754.78
01 – K Daily – Landscaping 300.00
01 – S Lumb – PC Mtgs 250.00
03 – Atmos Energy – Energy Assist 457.81
01 – Griffith Ctrs for Children – Pr Svcs 1,839.54
01 – G Howard – Healthy Aging Grant 53.82
** – Stampede Pest & Weed – Pr Svcs 3,733.51
01 – Roshambo – Advertising 470.00
01 – Continuing Legal Ed – Books 91.00
01 – Accurint – Software Subscription 30.00
01 – Positive Promos – Cancer Contr 554.32
03 – A Harris – Travel & Cell Phone 270.68
01 – Intermtn Pathologists – Autopsy 5,550.00
01 – FNC – Invest Comm/Fees 599.38
82 – M Lee – Cell Phone 70.00
90 – Lincoln Natl – Life Ins Premiums 1,648.71
80 – Gunn Auto Glass – Parts 671.69
51 – Gunn Shipping – Postage 119.92
01 – M Mugglestone – Prof Svcs 4,180.63
01 – Co Pub Health – State ISDS Fees 880.00
10 – Premier Tech – Eq Mtce 69.00
90 – ACE – USA – Life Ins Premiums 258.30
10 – C Cadwell – Cell Phone 35.00
10 – K Gant – Cell Phone 35.00
03 – Shred it Denver – Prof Svcs 75.00
10 – Siemens – Eq Mtce 885.88
01 – Staples – Office Supp 93.49
80 – GJ Peterbilt – Parts 1,013.50
52 – Toxco – Hazardous Waste Collect 532.00
03 – S Ruble – Pr Svcs 7,280.00
03 – Garfield Cty Sheriff – Prof Svcs 154.08
03 – C Gonzalez – Travel 53.35
70 – Homeless Prevent 700.00
70 – Resident Check – Prof Svcs 96.00
70 – Luke Danielson – Restricted Don 1,000.00
52 – Pro Shed – Bldg Improvements 8,782.50
03 – Maria Call – Prof Svcs 217.02
01 – Forensics Source – Op Supplies 14.89
41 – Concrete Wks of Co – Constr 845,114.13
25 – Antiques & Collecting – Mag 38.00
01 – N Salemme – Nurt Parent Exp 290.99
01 – Dr S Niccoli – Prenatal Program 500.00
01 – Haberman Painting – Bldg Imp 4,500.00
01 – J Grant – Early Childhd Exp 232.83
80 – Fed Pulblishing – Books 178.50
01 – Character Devt Sys – Prof Svcs 177.10
80 – Montrose Ford – Parts 278.06
03 – Abbie O’Regan – Prof Svcs 120.00
03 – D Delany – Travel 546.57
01 – Homewood Stes – NurseFam Ptnr 158.00
70 – Williams Eng – Prof Svcs 390.00
70 – Schmueser Gordon – Prof Svcs 2,654.00
43 – Hinsdale Cty Sheriff – Equip 1,100.00
80 – K Biesemeyer – Rental Eq 225.00
10 – D Fry – Cell Phone 35.00
02 – G A Western – Const Costs 91,820.52
52 – KRW Consulting – Prof Svcs 168.00
02 – Newman Traffic – Sign Matls 72.41
80 – G Reichle – Eq Rent 225.00
01 – Safeway – Prisoner Meals 122.94
52 – United Co – Transportation 130.00
01 – CB Heritage Museum 3,000.00
01 – WSC Search & Rescue – Trng 100.80
Total $2,102,536.77
The above and foregoing is a condensed statement of the Commissioners’ Proceedings at the regular meeting held in the Commissioners’ Room in the County Courthouse in Gunnison, Colorado on the 21st of October, 2008. A. D.
Published in the Crested Butte News. Issue of December 12, 2008. #121201
—AGENDA—
DECEMBER 18, 2008
GUNNISON BASIN SAGE-GROUSE STRATEGIC COMMITTEE
GRAZING MANAGEMENT RESEARCH SUBCOMMITTEE
Blackstock Government Center Meeting Room
221 N. Wisconsin Street, Gunnison, CO
DATE: December 18, 2008
PLACE: Blackstock Government Center Meeting Room
221 N. Wisconsin Street
Gunnison, CO
1. 8:30am ● Work session – Gunnison Sage-grouse/Grazing Project
2. 3:00pm ● Adjourn
NOTE: This agenda is subject to change, including the addition of items up to 24 hours in advance or the deletion of items at any time. All times are approximate. Regular Meetings, Public Hearings, and Special Meetings are recorded and ACTION MAY TAKEN ON ANY ITEM. Work Sessions are not recorded and formal action cannot be taken. Two or more Gunnison County Commissioners may attend this meeting. For further information, contact the County Administration at 641-0248. If special accommodations are necessary per ADA, contact 641-0248 or TTY 641-3061 prior to the meeting.
DECEMBER 18, 2008
GUNNISON BASIN SAGE-GROUSE STRATEGIC COMMITTEE
GRAZING MANAGEMENT RESEARCH SUBCOMMITTEE
Blackstock Government Center Meeting Room
221 N. Wisconsin Street, Gunnison, CO
DATE: December 18, 2008
PLACE: Blackstock Government Center Meeting Room
221 N. Wisconsin Street
Gunnison, CO
1. 8:30am ● Work session – Gunnison Sage-grouse/Grazing Project
2. 3:00pm ● Adjourn
NOTE: This agenda is subject to change, including the addition of items up to 24 hours in advance or the deletion of items at any time. All times are approximate. Regular Meetings, Public Hearings, and Special Meetings are recorded and ACTION MAY TAKEN ON ANY ITEM. Work Sessions are not recorded and formal action cannot be taken. Two or more Gunnison County Commissioners may attend this meeting. For further information, contact the County Administration at 641-0248. If special accommodations are necessary per ADA, contact 641-0248 or TTY 641-3061 prior to the meeting.
Published in the Crested Butte News. Issue of December 12, 2008. #121202
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 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. 2008CW142 (REF NO. 99CW182). APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE Name, address and telephone number of applicant: Crystal Creek Homeowners Association, c/o Ernest Angelo, President, 12500 County Road 742, Almont, CO 81210. Copies of all pleadings to: Charles B. White, Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202 (303) 825-1980. Name of structure: Summerville Ditch Enlargement. Description of conditional water right: A. Original decree: Decree entered on November 12, 2002, Case No. 99CW182, District Court, Water Division 4. B. Location: The headgate of said ditch is located on the south bank of the Taylor River, a tributary of the Gunnison River, in the NE1/4 NW1/4 SW1/4 of Section 9, Township 15 South, Range 83 West, 6th P.M., at a point 1100 feet from the west section line and 2250 feet from the south section line. This location places the headgate on Crystal Creek’s property. C. Source: Taylor River, a tributary of the Gunnison River. D. Appropriation date: October 20, 1999. E. Amount: 60 c.f.s., conditional. F. Use: Piscatorial and recreational use in a trout fishery. G. Terms and conditions. Applicant’s conditional water right for the Summerville Ditch Enlargement was adjudicated in Case No. 99CW182, Water Division No. 4 subject to the conditions and limitations as set forth in ¶¶ 15(a)-(f) of that Ruling and Decree. Those conditions and limitations are incorporated here by this reference. Evidence of reasonable diligence: During the diligence period, the Applicant expended significant sums developing the conditional water right for the Summerville Ditch Enlargement. Applicant’s efforts to develop the conditional water right and apply the water to beneficial use during the diligence period support a finding of reasonable diligence. The application contains a detailed outline of the activities performed during the diligence period and is available for inspection and/or copying at the office of the Water Court. This is not intended to be all-inclusive and may be supplemented by additional evidence during any hearing in this matter. Water right made absolute: The conditional water right for the Summerville Ditch Enlargement was diverted in priority and applied to beneficial use in the amount of 56 c.f.s. for the decreed piscatorial and recreational purposes in accordance with the conditions and limitations set forth in ¶¶ 15(a)-(f) of the Ruling and Decree in Case No. 99CW182. A. Rate of diversion: On June 24, 2008, Applicant diverted and measured 60 c.f.s. at the headgate of the Summerville Ditch Enlargement. Of the amount diverted, 56 c.f.s. was diverted for piscatorial and recreational purposes in the Summerville Ditch Enlargement. The remaining 4 c.f.s. was applied to beneficial use for irrigation purposes pursuant to the water rights described in paragraph E below. During the remainder of the period from May 1 to September 30, 2008, diversions pursuant to the Summerville Ditch Enlargement water right did not exceed 35 c.f.s. During the period of October 1, 2007 to April 30, 2008, diversions pursuant to the Summerville Ditch Enlargement water right did not exceed 15 c.f.s. B. Satisfaction of Colorado Water Conservation Board instream flow right: On June 24, 2008, the minimum streamflow right adjudicated in Case No. 87CW257, Water Division No. 4, in the amount of 100 c.f.s. (5/1-9/30) was satisfied immediately below the headgate of the Summerville Ditch Enlargement. The USGS gage station on the Taylor River below Taylor Park Dam (Station 09109000) recorded a rate of flow of 619 c.f.s. on June 24, 2008. There are no significant diversions between the USGS gage station and the headgate of the Summerville Ditch Enlargement. Additional water is contributed to the Taylor River above the Summerville Ditch headgate from Lottis Creek. C. Diversion in accordance with Schedule A of Decree in Case No. 86CW203: Pursuant to paragraph 6 of the Schedule “A” Accounting Conditions attached to the decree in Case No. 86CW203, Water Division No. 4, “[o]utflows that occur from Taylor Park Reservoir that exceed patterns set forth in paragraph 22 of the Decree shall not be considered as a release from water stored under either UVWUA [irrigation priority] or Gunnison District water storage rights.” For the month of June, paragraph 22 of that Decree provides for an outflow from Taylor Park Reservoir of 500 c.f.s. On June 24, 2008, outflows from Taylor Park Reservoir were measured at the USGS gage station to be 619 c.f.s. D. Return of Water to Taylor Park River: As required by paragraph 5(e) of the decree in Case No. 99CW182, all the water diverted at the Summerville Ditch Enlargement, except for evaporation and transit losses and consumption by the surrounding vegetation incidental to carriage of water in the Ditch Enlargement, was returned to the Taylor River within Applicant’s property. E. Summerville Ditch Irrigation: Applicant’s diversion and beneficial use of the Summerville Ditch Enlargement for piscatorial and recreational use was “in addition to and not in substitution for the use of water under existing irrigation rights decreed to the Summerville Ditch and Summerville Ditch No. 2 under priority 265 in the amount of 1.25 c.f.s. (subject to the terms of a change decree in Case No. 79CW259), priority 454 in the amount of 6.75 c.f.s., and priority 655 in the amount of 1.5 c.f.s.” On June 24, 2008, 4 c.f.s. of the 60 c.f.s. diverted at the headgate of the Summerville Ditch Enlargement was used for irrigation purposes pursuant to the Applicant’s water rights in the Summerville Ditch and Summerville Ditch No. 2. Names and addresses of owners of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool will be constructed or upon which water is or will be stored: Applicant. WHEREFORE, the Applicant respectfully requests that this Court enter a decree making partially absolute the conditional water right decreed in Case No. 99CW182 for the Summerville Ditch Enlargement in the amount of 56 c.f.s. for piscatorial and recreational purposes. Applicant further requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the conditional Summerville Ditch Enlargement water right, in any amounts not otherwise made absolute. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2009, 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: $158.00; 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.
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 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. 2008CW142 (REF NO. 99CW182). APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE Name, address and telephone number of applicant: Crystal Creek Homeowners Association, c/o Ernest Angelo, President, 12500 County Road 742, Almont, CO 81210. Copies of all pleadings to: Charles B. White, Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202 (303) 825-1980. Name of structure: Summerville Ditch Enlargement. Description of conditional water right: A. Original decree: Decree entered on November 12, 2002, Case No. 99CW182, District Court, Water Division 4. B. Location: The headgate of said ditch is located on the south bank of the Taylor River, a tributary of the Gunnison River, in the NE1/4 NW1/4 SW1/4 of Section 9, Township 15 South, Range 83 West, 6th P.M., at a point 1100 feet from the west section line and 2250 feet from the south section line. This location places the headgate on Crystal Creek’s property. C. Source: Taylor River, a tributary of the Gunnison River. D. Appropriation date: October 20, 1999. E. Amount: 60 c.f.s., conditional. F. Use: Piscatorial and recreational use in a trout fishery. G. Terms and conditions. Applicant’s conditional water right for the Summerville Ditch Enlargement was adjudicated in Case No. 99CW182, Water Division No. 4 subject to the conditions and limitations as set forth in ¶¶ 15(a)-(f) of that Ruling and Decree. Those conditions and limitations are incorporated here by this reference. Evidence of reasonable diligence: During the diligence period, the Applicant expended significant sums developing the conditional water right for the Summerville Ditch Enlargement. Applicant’s efforts to develop the conditional water right and apply the water to beneficial use during the diligence period support a finding of reasonable diligence. The application contains a detailed outline of the activities performed during the diligence period and is available for inspection and/or copying at the office of the Water Court. This is not intended to be all-inclusive and may be supplemented by additional evidence during any hearing in this matter. Water right made absolute: The conditional water right for the Summerville Ditch Enlargement was diverted in priority and applied to beneficial use in the amount of 56 c.f.s. for the decreed piscatorial and recreational purposes in accordance with the conditions and limitations set forth in ¶¶ 15(a)-(f) of the Ruling and Decree in Case No. 99CW182. A. Rate of diversion: On June 24, 2008, Applicant diverted and measured 60 c.f.s. at the headgate of the Summerville Ditch Enlargement. Of the amount diverted, 56 c.f.s. was diverted for piscatorial and recreational purposes in the Summerville Ditch Enlargement. The remaining 4 c.f.s. was applied to beneficial use for irrigation purposes pursuant to the water rights described in paragraph E below. During the remainder of the period from May 1 to September 30, 2008, diversions pursuant to the Summerville Ditch Enlargement water right did not exceed 35 c.f.s. During the period of October 1, 2007 to April 30, 2008, diversions pursuant to the Summerville Ditch Enlargement water right did not exceed 15 c.f.s. B. Satisfaction of Colorado Water Conservation Board instream flow right: On June 24, 2008, the minimum streamflow right adjudicated in Case No. 87CW257, Water Division No. 4, in the amount of 100 c.f.s. (5/1-9/30) was satisfied immediately below the headgate of the Summerville Ditch Enlargement. The USGS gage station on the Taylor River below Taylor Park Dam (Station 09109000) recorded a rate of flow of 619 c.f.s. on June 24, 2008. There are no significant diversions between the USGS gage station and the headgate of the Summerville Ditch Enlargement. Additional water is contributed to the Taylor River above the Summerville Ditch headgate from Lottis Creek. C. Diversion in accordance with Schedule A of Decree in Case No. 86CW203: Pursuant to paragraph 6 of the Schedule “A” Accounting Conditions attached to the decree in Case No. 86CW203, Water Division No. 4, “[o]utflows that occur from Taylor Park Reservoir that exceed patterns set forth in paragraph 22 of the Decree shall not be considered as a release from water stored under either UVWUA [irrigation priority] or Gunnison District water storage rights.” For the month of June, paragraph 22 of that Decree provides for an outflow from Taylor Park Reservoir of 500 c.f.s. On June 24, 2008, outflows from Taylor Park Reservoir were measured at the USGS gage station to be 619 c.f.s. D. Return of Water to Taylor Park River: As required by paragraph 5(e) of the decree in Case No. 99CW182, all the water diverted at the Summerville Ditch Enlargement, except for evaporation and transit losses and consumption by the surrounding vegetation incidental to carriage of water in the Ditch Enlargement, was returned to the Taylor River within Applicant’s property. E. Summerville Ditch Irrigation: Applicant’s diversion and beneficial use of the Summerville Ditch Enlargement for piscatorial and recreational use was “in addition to and not in substitution for the use of water under existing irrigation rights decreed to the Summerville Ditch and Summerville Ditch No. 2 under priority 265 in the amount of 1.25 c.f.s. (subject to the terms of a change decree in Case No. 79CW259), priority 454 in the amount of 6.75 c.f.s., and priority 655 in the amount of 1.5 c.f.s.” On June 24, 2008, 4 c.f.s. of the 60 c.f.s. diverted at the headgate of the Summerville Ditch Enlargement was used for irrigation purposes pursuant to the Applicant’s water rights in the Summerville Ditch and Summerville Ditch No. 2. Names and addresses of owners of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool will be constructed or upon which water is or will be stored: Applicant. WHEREFORE, the Applicant respectfully requests that this Court enter a decree making partially absolute the conditional water right decreed in Case No. 99CW182 for the Summerville Ditch Enlargement in the amount of 56 c.f.s. for piscatorial and recreational purposes. Applicant further requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the conditional Summerville Ditch Enlargement water right, in any amounts not otherwise made absolute. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2009, 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: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401.
Published in the Crested Butte News. Issue of December 12, 2008. #121205
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN
WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 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. 2008CW136. Applicant: Terri Wenzlaff, 269 County Road 13, Gunnison, CO 81230. Application for Change of Water Right: Alabama Spring: From previous decree – Date Entered: 03/08/1989, Case No. 89CW67/95CW106. Decreed Point of Diversion: Approximately 1,600 feet from the west section line and 200 feet from the South section line in section 16, T51N, R4E, NMPM. Source: Halls Gulch and the Gunnison River. Appropriation Date: 03/08/1989. Amount claimed 0.01 cfs for domestic use to a single dwelling cabin. Proposed Change: Correcting decree to actual location due to surveying error using maps from pre-1936, needed to use post-1936, thus being in Section 21. Change in Point of Diversion: NE ¼ SE ¼ of Section 21, T51N, R4E, NMPM. 2,427 feet from the south section line and 2,323 feet from the west section line. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2009, 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: $158.00; 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.
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN
WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of November 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. 2008CW136. Applicant: Terri Wenzlaff, 269 County Road 13, Gunnison, CO 81230. Application for Change of Water Right: Alabama Spring: From previous decree – Date Entered: 03/08/1989, Case No. 89CW67/95CW106. Decreed Point of Diversion: Approximately 1,600 feet from the west section line and 200 feet from the South section line in section 16, T51N, R4E, NMPM. Source: Halls Gulch and the Gunnison River. Appropriation Date: 03/08/1989. Amount claimed 0.01 cfs for domestic use to a single dwelling cabin. Proposed Change: Correcting decree to actual location due to surveying error using maps from pre-1936, needed to use post-1936, thus being in Section 21. Change in Point of Diversion: NE ¼ SE ¼ of Section 21, T51N, R4E, NMPM. 2,427 feet from the south section line and 2,323 feet from the west section line. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of January 2009, 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: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401.
Published in the Crested Butte News. Issue of December 12, 2008. #121203