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 February 2009.
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. 2009CW21 (REF NO. 02CW79) 1. Name, address and telephone number of Applicants: John Norton Robin Norton P.O. Box 2765 Crested Butte, CO 81224.  Correspondence concerning this Application should be sent to Applicant’s Counsel at Bratton Hill Wilderson & Lock, LLC 232 W. Tomichi Ave. Ste. 202, Gunnison, CO 81230.  2. Name of structure:   ADAMS-WILSON CEMENT CREEK WELL, ADAMS-WILSON CEMENT CREEK POND, and SECOND ENLARGEMENT OF THE CEMENT CREEK RANGER STATION DITCH.  3.  Describe conditional water rights: a. ADAMS-WILSON CEMENT CREEK WELL.  Original Decree: February 18, 2003, Case No. 02CW79 Water Division No. 4  Legal Description: Located within the NE¼SE¼ of Section 22, Township 14 South, Range 85 West, 6th P.M., Gunnison County, Colorado, at a point 1310 feet north of the south section line and 1000 feet west of the east section line of said Section 22.  Appropriation Date: April 3, 2002. Amount: 0.7 acre-feet per year conditional. Use: Domestic uses for one single family residence, irrigation of up to 5,000 square feet of lawn and garden, watering up to 4 horses and fire protection. Source: Alluvium of Cement Creek, a tributary to the East River, a tributary to the Gunnison River.  b. ADAMS-WILSON CEMENT CREEK POND. Original Decree: February 18, 2003, Case No. 02CW79 Water Division No. 4 Legal Description: Located in the SE¼SE¼ of Section 22, Township 14 South, Range 85 West, 6th P.M., Gunnison County, Colorado, at a point 1310 feet north of the south section line and 1000 feet west of the east section line of said Section 22.  The pond is an off-channel reservoir, and is filled by the Enlargement and Extension of the Cement Creek Ranger Station Ditch, Ditch No. 279, Priority No. 428, and the Second Enlargement of the Cement Creek Ranger Station Ditch having the following decreed point of diversion: on the right bank of Cement Creek, a tributary to the East River, a tributary of the Gunnison River, at a point at whence the Southwest corner of Section 22, Township 14 South, Ranch 85 West, 6th P.M. bears South 70°45’ West 8,855 feet. Appropriation Date: Apri1 3, 2002.  Amount: 2.5 acre-feet conditional.  Uses: Stock watering, irrigation, recreation, piscatorial and wildlife watering, fire protection and augmentation uses. Source: The pond will fill from the Enlargement and Extension of the Cement Creek Ranger Station Ditch, and the Second Enlargement of the Cement Creek Ranger Station Ditch, which divert from Cement Creek, a tributary to the East River, a tributary to the Gunnison River. c. SECOND ENLARGEMENT OF THE CEMENT CREEK RANGER STATION DITCH. Original Decree: February 18, 2003, Case No. 02CW79 Water Division No. 4 Legal Description: Located on the right bank of Cement Creek, a tributary to the East River, a tributary of the Gunnison River, at a point at whence the Southwest corner of Section 22, Township 14 South, Ranch 85 West, 6th P.M. bears South 70°45’ West 8,855 feet.  Appropriation Date: April 3, 2002.  Amount: 0.25 c.f.s., conditional. Uses: To fill and refill (to the extent of evaporative losses) the Adams-Wilson Cement Creek Pond to the extent and at such times that the Enlargement and Extension of Cement Creek Ranger Station Ditch does not divert for its presently-decreed irrigation use.  Because the Second Enlargement of the Cement Creek Ranger Station Ditch will change only the season of use of this existing Enlargement and Extension of the Cement Creek Ranger Station Ditch, no new ditch construction was required.  Source: Cement Creek, a tributary to the East River, a tributary to the Gunnison River. 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: a. ADAMS-WILSON CEMENT CREEK WELL.  Pursuant to Well Permit No.64644-F, the Adams-Wilson Cement Creek Well was drilled on Applicants’ property and put the water from such well to use for its decreed purposes. The actual location of the well is in the NE¼SW¼ of Section 22, Township 14 South, Range 85 West, 6th P.M., 1831 ft. from South Section Line and 141 ft. from East Section Line. b. ADAMS-WILSON CEMENT CREEK POND.  Applicants have constructed and completed the Adams-Wilson Cement Creek Pond on their property and have put the water from such pond to use for its decreed purposes.  The actual location is at UTM Coordinates (NAD 27) M Zone, Northing 337551.90, Easting 4298239.22, the size of the pond is 0.37 acres with live storage of 1.121 acre-feet. c. SECOND ENLARGEMENT OF THE CEMENT CREEK RANGER STATION DITCH.   Pursuant to the rights decreed for the Second Enlargement of the Cement Creek Ranger Station Ditch, Applicants have diverted waters through the Cement Ranger Station Ditch to fill and refill (to the extent of evaporative losses) the Adams-Wilson Cement Creek Pond to the extent and at such times as the Enlargement and Extension of Cement Creek Ranger Station Ditch did not divert for its decreed irrigation use. 5. Applicant has abandoned the proposed plan for augmentation in Case No. 02CW79 and instead will augment out-of-priority depletions from the Adams-Wilson Cement Creek Well with releases from Meridian Lake Reservoir purchased from the Upper Gunnison River Water Conservancy District. 6. Accordingly, Applicant requests that the Court enter a decree making the Adams-Wilson Cement Creek Well, the Adams-Wilson Cement Creek Pond, and the Second Enlargement of the Cement Creek Ranger Station Ditch  absolute for all conditionally decreed purposes in the amounts conditionally decreed in Case No. 02CW79, and at the locations and amounts set forth above.  7. Names(s) and address(es) of owner(s) of the land on which structures is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use:  Applicant See paragraph 1.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of April 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 March 6, 2009. #030611

 

—NOTICE OF PUBLIC HEARING—
CONCERNING A LAND USE CHANGE PERMIT APPLICATION
FOR THE OPERATION OF AN ASPHALT/CONCRETE BATCH PLANT AT THE
McCABE LANE COMMUNITY GRAVEL PIT
SE1/4 SECTION 17, T49N, R1W, N.M.P.M.

HEARING DATE, TIME AND LOCATION:  The Gunnison County Planning Commission will conduct a public hearing FRIDAY, MARCH 20TH, 2009 at 10:30 a.m. in the Planning Commission Meeting Room, 2nd Floor, Blackstock Government Center, 221 N. Wisconsin, Gunnison, Colorado, to hear public comment concerning a land use change permit application.  The applicant is Warren Wilcox, Gunnison Aggregate Resources LLC.
PARCEL LOCATION: The land is located in the SE1/4 Section 17, T49N, R1W, N.M.P.M., approx. 3 miles west of the City of Gunnison, 1.4 miles south of Highway 50, east of CR 32 (McCabe Lane)
PROPOSAL:  The request is for the long-term operation of a portable asphalt batch plant and/or concrete aggregate plant on the McCabe Lane Community Gravel Pit (a BLM Community Use Pit).
PUBLIC PARTICIPATION:    Interested persons are invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO  81230), so long as they are received by 5 p.m. the afternoon before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the application is available in the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO; additional information may be obtained by calling the Planning Department (970) 641-0360.
ADA ACCOMMODATIONS:    Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the hearing.
/s/ Neal Starkebaum
Assistant Director of Planning
Published in the Crested Butte News. Issue of March 6, 2009. #030613

 

—NOTICE—
The following vacancies will soon occur on the Gunnison County official Boards and Commissions.  If you are interested in serving on any of these Boards or Commissions you may submit your letter of interest to the County Administration Office at 200 E. Virginia Ave., Gunnison CO  81230. Letters of interest can also be faxed to 641-3061 or emailed to [email protected]
The deadline for submitting letters of interest is Thursday, April 9, 2009 at 5:00 p.m.  You may request more information on these Boards and Commissions by calling 641-7600.
Library Board of Trustees    1 vacancy
Watershed Weed Commission    2 vacancies
Published in the Crested Butte News. Issue of March 6, 2009. #030602

 

—NOTICE OF PUBLIC HEARING—
CONCERNING A LAND USE CHANGE PERMIT APPLICATION FOR A DETACHED GUEST HOUSE
TRACT 1,  DOUBLE TREE RANCH
8775 COUNTY ROAD 730

HEARING DATE, TIME AND LOCATION:  The Gunnison County Planning Commission will conduct a public hearing FRIDAY, MARCH 20TH, 2009 at  9:00 a.m. in the Planning Commission Meeting Room, 2nd Floor, Blackstock Government Center, 221 N. Wisconsin, Gunnison, Colorado, to hear public comment concerning a land use change permit application.  The applicant is Ken Swan, represented by Alpine Dwelling LLC. 
PARCEL LOCATION: Tract 1 Double Tree Ranch; 8775 County Road 730, approx. 8.5 miles from Highway 135, west of Ohio Creek Road.
PROPOSAL:  The request is for a secondary detached residence on the parcel, in excess of 3,500 square feet.  The proposed residence will consist of 4,620 square feet.  Water will be provided by the existing well.  A new septic system will provide wastewater treatment and access will be via the existing access road.
PUBLIC PARTICIPATION:    Interested persons are invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO  81230), so long as they are received by 5 p.m. the afternoon before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the application is available in the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO; additional information may be obtained by calling the Planning Department (970) 641-0360.
ADA ACCOMMODATIONS:    Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the hearing.
/s/ Neal Starkebaum
Assistant Director of Planning
Published in the Crested Butte News. Issue of March 6, 2009. #030613

 

—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 February 2009. 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 NUMBER 2008CW125 (REF NO. 07CW11).  Applicant:  G. Arthur Stephens, 9 Columbard Ct., Grand Junction, CO 81507 and Paul S. Stephens, 804 Captains Dr., St. Augustine, FL 32080.  Application To Make Absolute:  Stephens Augmentation Pond – SE ¼ SE ¼ NE ¼ of Section 25, T13S, R89W, 6th PM.  2,281 feet south of the north section line and 273 feet west of the east section line.  Source:  Anthracite Creek and North Fork of the Gunnison River.  Appropriation Date: 07/15/2005. Amount claimed: 1.0 acre-feet absolute for augmentation to protect West Beckwith Domestic Water Company domestic and livestock water use.  The application on file with the Water Court contains a detailed outline of the work performed during the diligence period.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of April 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 March 6, 2009. #030612

 

—NOTICE OF PUBLIC HEARING—
REGARDING PETITION TO VACATE FAWN DRIVE, ANTLERS BLUFF AND A PORTION OF DEER TRAIL,
MARBLE SKI AREA, CRYSTAL RIVER FILING 1, MARBLE, COLORADO

The Board of County Commissioners of the County of Gunnison, Colorado, will hold a public hearing regarding the petition filed by Kasey Conger for River Dance Ranch, LLC to vacate Antlers Bluff, a portion of Deer Trail and Fawn Drive.  The streets the petitioner seeks to have vacated are identified on the plat titled “Plat of Marble Ski Area Crystal River Filing Gunnison County, Colorado” recorded on December 11, 1970, bearing Reception No: 282561, and described as follows:
All of Fawn Drive, not previously vacated, including the cul-de-sac; All of Antlers Bluff, including the cul-de-sac; That portion of Deer Trail commencing from the western boundary of the Raspberry Creek Easement as it intersects the southern boundary line of Deer Trail then traveling easterly along the southern boundary of Deer Trail to the southwest corner of Lot 53 then traveling westerly across Deer Trail to the southeast corner of Lot 74 then traveling south then westerly along the northern boundary of Deer Trail to the western boundary of the Raspberry Creek Easement then southerly to the southern boundary of Deer Trail,
The public hearing regarding this matter will be held on Tuesday, March 17, 2009 at 8:50 a.m. at the Board of County Commissioners Room, 200 East Virginia Avenue, Gunnison, Colorado.  The public is invited to attend and participate.
County of Gunnison, State of Colorado.
Published in the Crested Butte News. Issues of March 5 and 12, 2009. #030601   

 

—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 February 2009.
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. 2009CW20 (REF NO. 06CW181).  Applicant:  Jeffrey Dykes and Debra Dykes, 483 County Road 771, Ohio City, CO 81237.  Application To Make Absolute:  Gold Creek Meadows Well No. 2 – SW ¼ SE ¼ of Section 23, T50N, R3E, NMPM.  823 feet from the south section line and 2,069 feet from the east section line.  Source:  Gold Creek, Quartz Creek, Tomichi Creek and the Gunnison River.  Appropriation Date:  09/04/1986.  Amount Claimed:  15 gpm absolute for domestic use.  The application on file contains a detailed outline of the work performed during the diligence period.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of April 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 March 6, 2009. #030610

 

—Upcoming Agenda Items—
Tuesday, March 10, 2009
Gunnison County Board of Commissioners
Meeting to be held in the Commissioner’s Meeting Room at the Courthouse

• Airport Hangar Expansion Development; Possibly Grant Applications
• Juvenile Services Update
• Gunnison Valley Hospital; 2008 Accountability Report; Financial Future of the Health System Enterprises
• Staff Luncheon; Senior Resources, Veterans’ Service Officer, Housing Authority; Katie’s Cookery

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 March 6, 2009. #030607