Gunnison Legals

July 15, 2009 1,129 Views

—AGENDA—
County Board of Equalization — July 22, 2009
LOCATION: BLACKSTOCK GOVERNMENT CENTER
PLANNING COMMISSIONORS MEETING ROOM
221 N. Wisconsin (across the street from the Post Office)

Time    Item    Name
9:00 a.m.    42    Navid
9:15 a.m.    43    Navid Etal
9:30 a.m.    33    Anderson
9:45 a.m.    To 39    Anderson
10:00 a.m.    46    Revell
10:15 a.m.    17    Broccio
10:30 a.m.    48    Robinson
10:45 a.m.    50    Morrison
11:00 a.m.    14    Young
11:15 a.m.    47    Hegel
11:30 a.m.    51    Seufeling
11:45 a.m.    52    Seufeling
12:00 p.m.    LUNCH
1:00 p.m.    2    Buemer
1:15 p.m.    16    Coburn
1:30 p.m.     3 & 13    Steinberger /Stranahan
1:45 p.m.    24    Sherwood
2:00 p.m.    6    Levine
2:15 p.m.    30    Tideman
2:30 p.m.    45    Moore
2:45 p.m.    27    PSG Associates
3:00 p.m.    19    Karnik
3:15 p.m.     11    Denton
3:30 p.m.    18    Case
3:45 p.m.    20    Malnar
4:00 p.m.    44    Ruthven
4:15 p.m.    15    Reitinger
4:30 p.m.    26    Kibler
4:45 p.m.    8,9 & 10    Wilson
5:00 p.m.     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. This meeting will be recorded and ACTION MAY BE TAKEN ON ANY ITEM. For further information, contact the County Administration office at 641-7600. If special accommodations are necessary per ADA, contact 641-7600 or TTY 641-3061 prior to the meeting. MINUTES of meetings are posted at: www.gunnisoncounty.org approximately 2 weeks after the meeting.
Published in the Crested Butte News. Issue of July 17, 2009. #071703

—REQUEST FOR PROPOSAL—
Funding Cycle JANUARY 1, 2010- DECEMBER 31, 2010

The Victim Assistance Law Enforcement (VALE) Board will hold its business and grant presentation meeting on AUGUST 27, 2009 beginning at 8:30 am.
The meeting will be held at the MONTROSE COUNTY SHERIFF’S OFFICE CONFERENCE ROOM, located at 1200 NORTH GRAND in MONTROSE, Colorado.
The Victim Assistance Law Enforcement Board, Seventh Judicial District, announces the availability of local VALE funds authorized by Title 24, Article 4.2, Colorado Revised Statutes.
Applications must be submitted to the VALE Board Administrator, 1200 North Grand, #D, Montrose, CO 81401, by 4:00 p.m. on MONDAY, AUGUST 10, 2009. Applications received after that time will not be eligible for funding. Applications will NOT be accepted by FAX.
ANTICIPATED AMOUNT AVAILABLE:    $250,000.00 (anticipated).
CONTRACT/GRANT CYCLE:     January 1, 2010 – December 31, 2010
ELIGIBILITY:    The Board is authorized to enter into contracts for the purchase and coordination of victims and witnesses assistance services with persons or agencies which the Board deems appropriate.
PRIORITY CATEGORIES: The priority use for money in the fund listed in the statute are: 1.) Implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 CRS, and 2.) The provision of the services and programs delineated in sections 24-4.1-303 CRS, 24-4.1-304 CRS, and 24-4.2-105(4) CRS, related to all crimes as defined by section 24-4.1-302(1) CRS.
The VALE Board has also established the following priorities: Programs that provide direct victim services to victims of those crimes listed in Section 24-4.1-302(1) CRS, AND conduct some type of written program evaluations (i.e. victim/client surveys). The VALE Board may also take into consideration factors other than those stated above in making their final decisions. Board members may award money for projects not designated in the priority categories. The fact that an applicant meets eligibility requirements and applies for services within a priority category does not guarantee funding.
EVALUATION CRITERIA: The VALE Board has established criteria which it uses to evaluate grant applications. Please contact the VALE administrator for a copy of the evaluation criteria.
Oral presentations are non mandatory, but will be granted upon request. Requests for telephonic oral presentations will be considered on a case by case basis.
INQUIRES: For additional information and/or application forms and instructions please contact Aimee Gonzalez at (970)252-4276, or write to: Office of the District Attorney Attn: VALE Administrator, 1200 North Grand, Bin D, Montrose, CO 81401.
Published in the Crested Butte News. Issue of July 17, 2009. #071704

—MEETING NOTICE—

The Board of Directors of the Upper Gunnison River Water Conservancy District and the Water Activity Enterprise will conduct their regular board meetings on Monday, July 27, 2009 at 5:30 p.m. These meetings are being held in the District offices, 234 North Main Street, Suite 3B, Gunnison and are open to the public. An agenda will be posted at the District office prior to the meeting.
Published in the Crested Butte News. Issue of July 17, 2009. #071705

—NOTICE OF FINAL SETTLEMENT—

NOTICE IS HEREBY GIVEN that after August 17, 2009 at 8:00 a.m., at the Gunnison Watershed School District Administrative Offices, 805 W. Tomici Ave, Gunnison, CO 81230, the School District will make final settlement with:
* Mac-Bestos, Inc. 1235 Delaware St., Denver, CO 80204 hereinafter called the “Contractor” on the account for the contract for the Asbestos Abatement at Lake School, 800 N. Boulevard St, Gunnison, CO and Asbestos Abatement at Gunnison High School, 800 W. Ohio St, Gunnison, CO 81230.
Anyone who has furnished labor, materials, team hire, sustenance, or any other supplies used or consumed on this project, whose claim, therefore, has not been paid may, at any time up to and including the time of final settlement, file with the School District, as its above address, a verified statement of claim of the amount due and unpaid on such claim. Failure to timely file will relieve the School District from any duty to withhold funds for such claim.
DATED THIS 13TH DAY OF JULY, 2009
Gunnison Watershed School District RE-1J
BY: Ethan Gibson, PE
Owner Representative
Published by the Crested Butte News. Issue of July 17 and 24, 2009. #071707

—PUBLIC NOTICE—
ROCKY MOUNTAIN BIOLOGICAL LABORATORY
REQUEST FOR A SPECIAL USE PERMIT TO INSTALL
TWO WEATHER STATIONS ON FOREST SERVICE PUBLIC LAND
The Grand Mesa, Uncompahgre and Gunnison National Forests, Gunnison Ranger District, is considering a request for a special use permit from the Rocky Mountain Biological Laboratory (RMBL) to install, access, and maintain two permanent solar-powered weather stations (also known as environmental monitoring stations or meteorological stations) located on National Forest public lands in Gunnison County. The purpose of the weather stations is to collect weather data year-round that includes temperature, relative humidity, precipitation, wind, solar radiation, and soil measurements. These weather stations will contribute to basic climate change research, as well as ongoing and future RMBL animal and plant research by providing needed weather measurements and climate data important in examining the sensitivity and response of plants and animals to climate change. RMBL proposes to locate one weather station on the east side of Flat Top Mountain, south of Almont, CO, in Section 28, Township 51 N, Range 1 E, New Mexico Principle Meridian, and the second would be located near the top of Snodgrass Mountain, north of Crested Butte, CO, in Section 10, Township 13 S, Range 86 W, 6th Principle Meridian.
The Forest Service is scoping for specific issues or concerns on this proposal. Please respond in writing by August 14, 2009. Send comments to Matt Vasquez, Wildlife Biologist, Gunnison Ranger District, 216 N Colorado St, Gunnison, CO 81230 or e-mail comments to mgvasquez@fs.fed.us. We appreciate your interest in the management of our public lands. If you would like additional information or would like to request a Scoping Notice, please contact Matt Vasquez at the email address listed above or by phone at (970) 642-4460.
Published in the Crested Butte News. Issue of July 17, 2009. #071706

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 June, 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:
AMENDED/CORRECTED:
CASE NO. 08CW6 (REF NO. 01CW116). Gunnison County, Application of Emmerich and Joan Zach. Amended Application for Finding of Reasonable Diligence. The purpose of this amendment is to add a claim to correct the location of the Halvill Well to confirm to the actual as built location. All other aspects of the original Application filed on January 28, 2008, remain unchanged. Name, address, and telephone number of Applicant: Emmerich Zach and Joan Zach, 14172 Fairwind Lane, Broomfield, CO 80023. c/o Sherry A. Caloia, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601, Phone (970) 945-6067. Decreed Location of the Halvill Well: in the SW1/4 of the NW1/4 of Section 16, Township 14 South, Range 85 West of the 6th P.M., 1450 feet from the north section line and 1300 feet from the west section line of Section 16 in Gunnison County, Colorado. Applicants request a change of water right to correct the location of the Havill Well as described above in Paragraph 2.B to its actual as built location as follows: NW1/4 SE1/4 NW1/4 of Section 16, Township 14 South, Range 85 West, 6th P.M., at a point 1732 feet north of the south section line and 1408 feet east of the west section line, Gunnison County, Colorado (4 pages). GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of August, 2009 to file with the Water Clerk, in duplicate, 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 July 17, 2009. #071711

—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 June, 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. 2009CW78. Applicant: Bear Ranch, LLC, 30682 County Road No. 12, Somerset, CO 81434, (970) 929-5336. Please send copies of all pleadings to: Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq. and Ramsey L. Kropf, Esq., 730 East Durant St., Suite 200, Aspen, CO 81611, (970) 920-1028. Application for Storage Water Rights, Surface Water Rights, and Approval of Plan for Augmentation, Including Exchange. First Claim: For Water Storage Right. Name of reservoir: Williams Creek Lake Reservoir Augmentation Enlargement. Legal description in Gunnison County, in the NE ¼ of the SW ¼, Section 23, Township 12 South, Range 89 West of the 6th P.M. The intersection of the center line of the dam and the outlet works is 2108 feet from the south section line and 2197 feet from the west section line. Name and capacity of ditch used to fill reservoir. Williams Creek Lake Reservoir Feeder Ditch Enlargement with a capacity of approximately 12 cfs. The point of diversion for the Williams Creek Lake Reservoir Feeder Ditch Enlargement is in Gunnison County, in the NW ¼ of the SE ¼, Section 23, Township 12 South, Range 89 West of the 6th P.M., at a distance of 2110 feet from the south section line and 1770 feet from the east section line. Source: Williams Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, as well as local runoff tributary to Williams Creek Lake Reservoir. Date of Appropriation: June 1, 2009. How appropriation was initiated: By site investigation, developing plans for ponds, meeting with Forest Service personnel, meeting with the water commissioner to determine augmentation strategy and by formulation of intent to apply water to beneficial use. Date water applied to beneficial use: Not yet applied to beneficial use. Amount claimed: 4.5 acre feet, conditional. Rate of diversion for filling the reservoir: 1 cfs. Use: Augmentation, piscatorial, recreation, and aesthetic purposes. Surface area: 12 acres. Height of dam in feet: 19. Length of dam in feet: 420. Total capacity in acre-feet: 100. Active capacity: 97 acre feet. Dead Storage: 3 acre feet. The structure is located on land owned by the United States Forest Service, Paonia Ranger District, P.O. Box 1030, Paonia, CO 81428. The water will be used on applicant’s property. The dam and land within the high water line are located on property owned by the United States Forest Service, Paonia Ranger District. Remarks: Applicant seeks to decree a use enlargement to the Williams Creek Lake Reservoir to add augmentation as a decreed use for 4.5 acre feet of water, with a 2009 administrative priority date, for purposes of augmenting depletions under the plan for augmentation applied for herein. Applicant will not make any physical enlargements to the Williams Creek Lake Reservoir. The Williams Creek Lake Reservoir was decreed for 100 acre-feet of water for irrigation purposes in Civil Action No. 3503, Delta County District Court, and applicant owns all of the senior water right. The Williams Creek Lake Reservoir Augmentation Enlargement is a component of an integrated water supply project for applicant’s property. Second Claim: For Surface Water Right. Name of structure: Williams Creek Lake Reservoir Feeder Ditch Enlargement. Point of diversion: In Gunnison County, in the NW ¼ of the SE ¼, Section 23, Township 12 South, Range 89 West of the 6th P.M., at a distance of 2110 feet from the south section line and 1770 feet from the east section line. Source: Williams Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and local runoff captured by the ditch. Date of Appropriation: June 1, 2009. How appropriation was initiated: By site investigation, developing plans for ponds, meeting with Forest Service personnel, meeting with the water commissioner to determine augmentation strategy and by formulation of intent to apply water to beneficial use. Date water applied to beneficial use: Not yet applied to beneficial use. Amount claimed: 1 cfs, conditional. Use or proposed use: To fill the Williams Creek Lake Reservoir Augmentation Enlargement for augmentation, piscatorial, and recreation purposes. The structure is located on land owned by the United States Forest Service, Paonia Ranger District, P.O. Box 1030, Paonia, CO, 81428. The water will be delivered into storage on land owned by the United States Forest Service for use on applicant’s property. Remarks: Applicant seeks to decree a use enlargement to the Williams Creek Lake Reservoir Feeder Ditch in the amount of 1 cfs with a 2009 administrative priority date for purposes of filling the Williams Creek Lake Reservoir Augmentation Enlargement. Applicant will not make any physical enlargements to the Williams Creek Lake Reservoir Feeder Ditch. The Williams Creek Lake Reservoir Feeder Ditch Enlargement is a component part of an integrated water supply project for applicant’s property. Third Claim: For Surface Water Right. Name of structure: Filmore Ditch, Bear Ranch Enlargement. Point of diversion: In Gunnison County in the NW ¼ of the NW ¼, Section 25, Township 12 South, Range 89 West of the 6th P.M., at a distance of 212 feet from the north section line and 307 feet from the west section line. Source: Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and local runoff captured by the ditch. Date of Appropriation: June 1, 2009. How appropriation was initiated: By site investigation, developing plans for ponds, meeting with Forest Service personnel, meeting with the water commissioner to determine augmentation strategy and by formulation of intent to apply water to beneficial use. Date water applied to beneficial use: Not yet applied to beneficial use. Amount claimed: 3 cfs, conditional. Use or proposed use: To fill, provide freshening flows and replace evaporative loss from the Bear Ranch Pond System, the Upper Bear Pond No. 1, the Upper Bear Pond No. 2, the Lower Bear Pond and the L Ranch Pond No. 6 Enlargement for subsequent piscatorial and recreation purposes. The headgate is located on land owned by the United States Forest Service, Paonia Ranger District, P.O. Box 1030, Paonia, CO, 81428. The water will be used on applicant’s property. Remarks: Applicant will divert the Filmore Ditch, Bear Ranch Enlargement water right only when the senior Filmore Ditch water rights are out-of-priority and when such rights are not operating under the exchange agreement between the United States of America, North Fork Water Conservancy District and Ragged Mountain Water Users Association (see decree in Case No. 05CW236 for the exchange agreement). Applicant will use the Filmore Ditch, Bear Ranch Enlargement water right to fill, provide freshening flows and replace evaporative losses from the ponds claimed herein. The Filmore Ditch, Bear Ranch Enlargement is a component part of an integrated water supply project for applicant’s property. Fourth Claim: for Surface Water Right. Name of Structure: Horse Pasture Ditch. Point of diversion: In Gunnison County in the NW ¼ of the SE ¼, Section 27, Township 12 South, Range 89 West of the 6th P.M., at a distance of 2064 feet from the south section line and 1581 feet from the east section line. Alternate Description: Northing 4317522, Easting 299184, Zone 13, points were averaged. Source: Williams Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and local runoff captured by the ditch. Date of appropriation: June 1, 1989. How appropriation was initiated: Construction of the ditch and placement of water to beneficial use. Date water applied to beneficial use: June 1, 1989. Amount claimed: 0.2 cfs, absolute. Use: Irrigation. Number of acres historically irrigated: 6.5. Total number of acres proposed to be irrigated: 6.5. The legal description of the land irrigated: Lands located in Gunnison County in the NW ¼ of the SE ¼, Section 27, Township 12 South, Range 89 West of the 6th P.M. A map of the Horse Pasture Ditch irrigation is on file with the court. Fifth Claim: for Surface Water Right. Name of Structure: Cabin Ditch. Point of diversion: Gunnison County in the SW ¼ of the NE ¼, Section 27, Township 12 South, Range 89 West of the 6th P.M. at a distance of 2089 feet from the north section line and 1346 feet from the east section line. Alternate Description: Northing 4317862, Easting 299263, Zone 13. Source: Williams Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and local runoff captured by the ditch. Date of appropriation: June 1, 1989. How appropriation was initiated: Construction of the ditch and placement of water to beneficial use. Date water applied to beneficial use: June 1, 1989. Amount claimed: 1.4 cfs, absolute. Use: Irrigation. Number of acres historically irrigated: 54. Total number of acres proposed to be irrigated: 54. The legal description of the land irrigated: Lands located in Gunnison County in the South ½ of Section 27, Township 12 South, Range 89 West of the 6th P.M. A map of the Cabin Ditch irrigation is on file with the court. Sixth Claim: for Surface Water Right. Name of Structure: Mike Bear Tailwater Ditch. Point of diversion: In Gunnison County in the NE ¼ of the SW ¼, Section 35, Township 12 South, Range 89 West of the 6th P.M., at a distance of 2560 feet from the south section line and 1889 feet from the west section line. Source: Irrigation tailwater from irrigation under the Filmore Ditch diverting from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and local runoff captured by the ditch. Date of appropriation: June 1, 2009. How appropriation was initiated: By field inspection, meeting with the water commissioner to develop the augmentation strategy, development of plans for pond construction and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: Not yet applied to beneficial use. Amount claimed: 3.0 cfs, conditional. Use: Filling, providing freshening flows and replacing evaporative loss from ponds, aesthetic, piscatorial and recreation uses. Seventh Claim: for Storage Water Right. Name of reservoir: Bear Ranch Pond System. Legal description of location of pond system: A series of ponds located on an unnamed stream in Gunnison County, the lower terminus of the pond system is in the NE ¼ of the SW ¼, Section 35, Township 12 South, Range 89 West of the 6th P.M., at a distance of 1372 feet from the south section line and 1410 feet from the west section line, and the upper terminus of the pond system is in the NW ¼ of the SE ¼, Section 35, Township 12 South, Range 89 West of the 6th P.M., at a distance of 1900 feet from the south section line and 1438 feet from the east section line. Name and capacity of ditch used to fill reservoir, and legal description of each point of diversion: At times when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236, the Bear Ranch Pond System will fill from the Mike Bear Tailwater Ditch, other tailwater from irrigation under the Filmore Ditch and from tributary runoff. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange decreed in Case No. 05CW236, the Bear Ranch Pond System will fill from direct diversions from the Filmore Ditch, Bear Ranch Enlargement, at a rate up to 3.0 cfs, and from tributary runoff. Source: Tailwater from irrigation under the Filmore Ditch, diverting from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and surface runoff tributary to the pond system. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange agreement between the United States of America, North Fork Water Conservancy District, and Ragged Mountain Water Users Association (see decree in Case No. 05CW236), applicant will fill, provide freshening flows and replace evaporative loss from the Bear Ranch Pond System via direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement. Date of Appropriation: June 1, 2009. How appropriation was initiated: By field inspection, field location, development of plans for pond construction and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: Not yet applied to beneficial use. Amount claimed: 10.0 acre feet, conditional, cumulative for all ponds in the Bear Ranch Pond System. Rate of diversion for filling the reservoir: 3.0 cfs. Use: Piscatorial, recreation, and aesthetic. Surface area of high water line: 1.0 acre for all ponds in the Bear Ranch Pond System. Maximum height of dams in feet: 10.0. Length of dams in feet: 150. Total capacity of reservoir in acre feet: Active capacity: 9.0. Dead Storage: 1.0. Identify where dams are located and land within high water line: Applicant’s property. Remarks: Applicant will not fill the Bear Ranch Pond System via direct diversions from Deep Creek under the Filmore Ditch, Bear Ranch Enlargement when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236. At such times applicant will only fill the ponds from the Mike Bear Tailwater Ditch, tailwater from irrigation under the Filmore Ditch tributary to the pond system and surface runoff tributary to the ponds. The Bear Ranch Pond System is a component part of an integrated water supply project for applicant’s property. Eighth Claim: For Storage Water Right. Name of reservoir: Upper Bear Pond No. 1. Legal description of location of dam: The dam is located in Gunnison County, in the SE ¼ of the SW ¼, Section 35, Township 12 South, Range 89 West of the 6th P.M. at a distance of 230 feet from the south section line and 1771 feet from the west section line. Name and capacity of ditch used to fill reservoir, and legal description of each point of diversion: At times when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236, the Upper Bear Pond No. 1 will fill from the Mike Bear Tailwater Ditch, other tributary tailwater from irrigation under the Filmore Ditch and from tributary runoff. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange decreed in Case No. 05CW236, the Upper Bear Pond No. 1 will fill from direct diversions from the Filmore Ditch, Bear Ranch Enlargement, at a rate up to 3.0 cfs, and from tributary runoff. Source: Tailwater from irrigation under the Filmore Ditch, diverting from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and surface runoff tributary to the pond. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange agreement between the United States of America, North Fork Water Conservancy District, and Ragged Mountain Water Users Association (see decree in Case No. 05CW236), applicant will fill, provide freshening flows and replace evaporative loss from the Upper Bear Pond No. 1 via direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement. Date of Appropriation: June 1, 2009. How appropriation was initiated: By field inspection, field location, development of plans for pond construction and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: Not yet applied to beneficial use. Amount claimed: 0.6 acre feet, conditional. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 3.0 cfs. Use: Piscatorial, recreation, and aesthetic. Surface area of high water line: 0.2 acre. Maximum height of dam in feet: 10. Length of dam in feet: 150. Total capacity of reservoir in acre feet: 0.6. Active capacity: 0.5. Dead Storage: 0.1. Identify where dam is located and land within high water line: Applicant’s property. Remarks: Applicant will not fill the Upper Bear Pond No. 1 via direct diversions from Deep Creek under the Filmore Ditch, Bear Ranch Enlargement when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236. At such times applicant will only fill the pond from the Mike Bear Tailwater Ditch, tailwater from irrigation under the Filmore Ditch tributary to the pond and surface runoff tributary to the pond. The Upper Bear Pond No. 1 is a component part of an integrated water supply project for applicant’s property. Ninth Claim: For Storage Water Right. Name of reservoir: Upper Bear Pond No. 2. Legal description: In Gunnison County, in the SE ¼ of the SW ¼, Section 35, Township 12 South, Range 89 West of the 6th P.M., at a distance of 446 feet from the south section line and 1717 feet from the west section line. Name and capacity of ditch used to fill reservoir, and legal description of each point of diversion: At times when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236, the Upper Bear Pond No. 2 will fill from the Mike Bear Tailwater Ditch, tailwater from irrigation under the Filmore Ditch tributary to the pond and from tributary runoff. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange decreed in Case No. 05CW236, the Upper Bear Pond No. 2 will fill from direct diversions from the Filmore Ditch, Bear Ranch Enlargement, at a rate up to 3.0 cfs, and from tributary runoff. Source: Tailwater from irrigation under the Filmore Ditch, diverting from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and surface runoff tributary to the pond. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange agreement between the United States of America, North Fork Water Conservancy District, and Ragged Mountain Water Users Association (see decree in Case No. 05CW236), applicant will fill, provide freshening flows and replace evaporative loss from the Upper Bear Pond No. 2 via direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement. Date of Appropriation: June 1, 2009. How appropriation was initiated: By field inspection, field location, development of plans for pond construction and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: Not yet applied to beneficial use. Amount claimed: 1.2 acre feet, conditional. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 3.0 cfs. Use: Piscatorial, recreation, and aesthetic. Surface area of high water line: 0.25 acre. Maximum height of dam in feet: 10. Length of dam in feet: 300. Total capacity of reservoir in acre feet: 1.2. Active capacity: 1.0. Dead Storage: 0.2. Identify where dam is located and land within high water line: Applicant’s property. Remarks: Applicant will not fill the Upper Bear Pond No. 2 via direct diversions from Deep Creek under the Filmore Ditch, Bear Ranch Enlargement when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236. At such times applicant will only fill the pond from the Mike Bear Tailwater Ditch, tailwater from irrigation under the Filmore Ditch tributary to the pond and surface runoff tributary to the pond. The Upper Bear Pond No. 2 is a component part of an integrated water supply project for applicant’s property. Tenth Claim: For Storage Water Right. Name of reservoir: L Ranch Pond No. 6 Enlargement. Legal description of location of dam: In Gunnison County, in the SE ¼ of the SW ¼, Section 35, Township 12 South, Range 89 West of the 6th P.M., at a distance of 669 feet from the south section line and 1476 feet from the west section line. Name and capacity of ditch used to fill reservoir, and legal description of each point of diversion: At times when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236, the L Ranch Pond No. 6 Enlargement will fill from the Mike Bear Tailwater Ditch, tailwater from irrigation under the Filmore Ditch tributary to the pond and from tributary runoff. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange decreed in Case No. 05CW236, the L Ranch Pond No. 6 Enlargement will fill from direct diversions from the Filmore Ditch, Bear Ranch Enlargement, at a rate up to 3.0 cfs, and from tributary runoff. Source: Tailwater from irrigation under the Filmore Ditch, diverting from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and surface runoff tributary to the pond. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange agreement between the United States of America, North Fork Water Conservancy District, and Ragged Mountain Water Users Association (see decree in Case No. 05CW236), applicant will fill, provide freshening flows and replace evaporative loss from the L Ranch Pond No. 6 Enlargement via direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement. Date of Appropriation: September 1, 1990. How appropriation was initiated: By construction. Date water applied to beneficial use: September 1, 1990. Amount claimed: 3.4 acre feet, absolute. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 3.0 cfs. Use: Piscatorial, recreation, and aesthetic. Surface area of high water line: 0.55 acre. Maximum height of dam in feet: 10. Length of dam in feet: 212. Total capacity of reservoir in acre feet: 3.8. Active capacity: 3.5. Dead Storage: 0.3. Identify where dam is located and land within high water line: Applicant’s property. Remarks: The L Ranch Pond No. 6 was previously decreed for 0.4 acre-feet absolute in Case No. 05CW180. Investigation by the applicant’s engineer subsequent to applicant’s purchase of the ranch determined that the initial construction was larger than that decreed in Case No. 05CW180. Applicant seeks to confirm a water right for the additional capacity. Applicant will not fill the L Ranch Pond No. 6 Enlargement via direct diversions from Deep Creek under the Filmore Ditch, Bear Ranch Enlargement when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236. At such times applicant will only fill the pond from the Mike Bear Tailwater Ditch, tailwater from irrigation under the Filmore Ditch tributary to the pond and surface runoff tributary to the pond. The L Ranch Pond No. 6 is a component part of an integrated water supply project for applicant’s property. Eleventh Claim: For Storage Water Right. Name of reservoir: Lower Bear Pond. Legal description of location of dam: The dam is located in Gunnison County, in the SE ¼ of the SW ¼, Section 35, Township 12 South, Range 89 West of the 6th P.M., at a distance of 685 feet from the south section line and 1355 feet from the west section line. Name and capacity of ditch used to fill reservoir, and legal description of each point of diversion: At times when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236, the Lower Bear Pond will fill from the Mike Bear Tailwater Ditch, tailwater from irrigation under the Filmore Ditch tributary to the pond and from tributary runoff. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange decreed in Case No. 05CW236, the Lower Bear Pond will fill from direct diversions from the Filmore Ditch, Bear Ranch Enlargement, at a rate up to 3.0 cfs and from tributary runoff. Source: Tailwater from irrigation under the Filmore Ditch, diverting from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and surface runoff tributary to the pond. At times when the senior Filmore Ditch water rights are out of priority and not operating under the exchange agreement between the United States of America, North Fork Water Conservancy District, and Ragged Mountain Water Users Association (see decree in Case No. 05CW236), applicant will fill, provide freshening flows and replace evaporative loss from the Lower Bear Pond via direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement. Date of Appropriation: June 1, 2009. How appropriation was initiated: By field inspection, field location, development of plans for pond construction and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: Not yet applied to beneficial use. Amount claimed: 0.25 acre feet, conditional. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 3.0 cfs. Use: Piscatorial, recreation, and aesthetic. Surface area of high water line: 0.10 acre. Maximum height of dam in feet: 10. Length of dam in feet: 100. Total capacity of reservoir in acre feet: 0.25. Active capacity: 0.20. Dead Storage: 0.05. Identify where dam is located and land within high water line: Applicant’s property. Remarks: Applicant will not fill the Lower Bear Pond via direct diversions from Deep Creek under the Filmore Ditch, Bear Ranch Enlargement when the senior Filmore Ditch water rights are in priority or operating under the exchange decreed in Case No. 05CW236. At such times applicant will only fill the pond from the Mike Bear Tailwater Ditch, tailwater from irrigation under the Filmore Ditch tributary to the pond and surface runoff tributary to the pond. The Lower Bear Pond is a component part of an integrated water supply project for applicant’s property. Twelfth Claim: For Approval of Plan for Augmentation. Name of structures to be augmented: Filmore Ditch, Bear Ranch Enlargement; Mike Bear Tailwater Ditch; Bear Ranch Pond System; Upper Bear Pond No. 1; Upper Bear Pond No. 2; L Ranch Pond No. 6 Enlargement and Lower Bear Pond. Are there other water rights diverted from these structures? Yes as to Filmore Ditch, Bear Ranch Enlargement. No as to other structures. Previous decrees for water rights to be used for augmentation: Date of original decree: N/A see First Claim above. Type of water right: Storage. Legal description: The Williams Creek Lake Reservoir Augmentation Enlargement dam is located in Gunnison County, in the NE ¼ of the SW ¼, Section 23, Township 12 South, Range 89 West of the 6th P.M. The intersection of the center line of the dam and the outlet works is 2108 feet from the south section line and 2197 feet from the west section line. Source: Williams Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River. Appropriation Date: June 1, 2009. Amount: 4.5 acre-feet, conditional. Historic use: In this case applicant seeks to decree a junior use enlargement to the Williams Creek Lake Reservoir to allow releases from the reservoir to augment evaporative depletions from the ponds claimed herein. Applicant does not seek to change the Williams Creek Lake Reservoir water right, which was historically used for irrigation purposes, and will continue to be used as such. Statement of plan for augmentation: Applicant will use the Mike Bear Tailwater Ditch and Filmore Ditch, Bear Ranch Enlargement to fill the ponds claimed in this case. Applicant will also construct the Bear Ranch Pond System, Upper Bear Pond No. 1, Upper Bear Pond No. 2, L Ranch Pond No. 6 Enlargement and Lower Bear Pond for piscatorial, aesthetic and recreational uses. The water rights are depicted on the map on file with the court. Evaporation from the ponds will result in out-of-priority depletions unless augmented. Therefore, this plan quantifies the depletions from pond evaporation and the amount of replacement water necessary to prevent injury to vested water rights. Applicant will fill the Bear Ranch Pond System, Upper Bear Pond No. 1, Upper Bear Pond No. 2, L Ranch Pond No. 6 Enlargement and Lower Bear Pond each spring at the start of the irrigation season with irrigation tailwater diverted at the Mike Bear Tailwater Ditch and irrigation tailwater directly tributary to the ponds, as well as local runoff. The junior storage rights and tailwater right claimed herein will typically go out-of-priority in early July and will remain out-of-priority through mid-September due to the call from senior irrigation rights located downstream on the North Fork of the Gunnison River. This call period could be extended by a call from the Redlands Power Canal located on the Gunnison River mainstream near Grand Junction. To be conservative, applicant has assumed a call period from June 15 – Nov 30 each year. Out-of-priority evaporation depletions from the Bear Ranch Pond System, Upper Bear Pond No. 1, Upper Bear Pond No. 2, L Ranch Pond No. 6 Enlargement and Lower Bear Pond will be augmented with releases of water stored in priority in the Williams Creek Lake Reservoir Augmentation Enlargement, by exchange, as follows: At times when the Filmore Ditch is operating in priority or when the Filmore Ditch is operating under the exchange agreement between the United States of America, North Fork Water Conservancy District, and Ragged Mountain Water Users Association (see decree in Case No. 05CW236 for the exchange agreement), applicant will top off the ponds with irrigation tailwater diverted at the Mike Bear Tailwater Ditch and irrigation tailwater tributary to the ponds, as well as local runoff. This tailwater historically accrued to Deep Creek, tributary to Muddy Creek and the North Fork of the Gunnison River. Applicant will replace all out-of-priority evaporative depletions from the ponds with releases from the Williams Creek Lake Reservoir Augmentation Enlargement. At times when the Filmore Ditch and all other irrigation ditches on Deep Creek are out-of-priority and not operating by exchange, or at times outside of the irrigation season, applicant will top off the ponds with water diverted under the Filmore Ditch, Bear Ranch Enlargement. Applicant will avoid any injury to Filmore Ditch water rights by agreeing not to divert the junior enlargement right unless the senior irrigation rights are not operating. Diversions under the Filmore Ditch, Bear Ranch Enlargement will be used to freshen and replace evaporative losses from the ponds. Applicant will replace all out-of-priority evaporative depletions from the ponds with releases from the Williams Creek Lake Reservoir Augmentation Enlargement. The evaporative depletions for the ponds by month are summarized in Tables 1 – 5, on file with the court. The average annual evaporation at the site was determined from NOAA Technical Report NWS 33, “Evaporation Atlas of the Contiguous 48 United States”, and was determined to be 38.5 inches. Annual evaporative depletions from all ponds and the estimated augmentation requirement by month are summarized in Table 6 on file with the court. Total annual consumptive use from pond evaporation is assumed to be 6.5 acre-feet, and total annual augmentation releases are assumed to be 4 acre-feet. Thirteenth Claim: For Appropriative Right of Exchange. Name of Structure: Bear Ranch Exchange. Location: Lower Terminus: The Lower Terminus is located in Gunnison County at the confluence of Deep Creek with Muddy Creek, in the NW ¼ of the NE ¼, Section 4, Township 13 South, Range 89 West of the 6th P.M., at a distance of 2497 feet from the North section line and 1856 feet from the East section line. Upper Terminus: The Upper Terminus is the headgate of the Filmore Ditch in Gunnison County, in the NW ¼ of the SE ¼, Section 23, Township 12 South, Range 89 West of the 6th P.M., at a distance of 2110 feet from the south section line and 1770 feet from the east section line. Source: releases of water from the Williams Creek Lake Reservoir Augmentation Enlargement, described in the First Claim above. Date of Appropriation: June 1, 2009. How appropriation was initiated: By field inspection, developing plans for pond construction, and by formulation of intent to appropriate the exchange. Date water applied to beneficial use: Not yet applied to beneficial use. Rate: 0.02 cfs, conditional, for the lower “depletion amount” reach. 3.0 c.f.s., conditional, for the upper “diversion amount” reach. Volume: 4 acre-feet, conditional. Uses: Exchange of water pursuant to the plan for augmentation applied for herein. Plan of operation: The plan for augmentation claimed herein includes an appropriative right of exchange of the augmentation water released from the Williams Creek Lake Reservoir Augmentation Enlargement, extending from the confluence of Deep Creek and Muddy Creek up to applicant’s uppermost ponds and to the headgate of the Filmore Ditch. The exchange reaches are shown on Figure 1 on file with the court. Applicant has broken down the claimed exchange into two reaches, as follows: Scenario 1 (“Depletion Amount Reach”): When the ponds are filling under the Mike Bear Tailwater Ditch and other irrigation tailwater tributary to the ponds, the exchange will operate from the confluence of Deep Creek and Muddy Creek up to applicant’s ponds and the point of diversion for the Mike Bear Tailwater Ditch. The exchange rate will be the peak monthly evaporation depletion rate. Scenario 2 (“Diversion Amount Reach”): When the ponds are filling under the Filmore Ditch, Bear Ranch Enlargement, the exchange will operate from the confluence of Deep Creek and Muddy Creek up to the headgate of the Filmore Ditch. The exchange rate will be as follows: below the point where return flow from the ponds accrues to Deep Creek (“Middle Exchange Terminus” on Figure 1, on file with the court), the exchange rate will be the peak monthly evaporation depletion rate; above that point the exchange rate will be the Filmore Ditch, Bear Ranch Enlargement diversion rate. Remarks: The Bear Ranch Exchange is a component part of an integrated water supply plan for applicant’s property. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of August, 2009 to file with the Water Clerk, in duplicate, 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 July 17, 2009. #071710

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

1. Invitation. Bids will be received by the Skyland Metropolitan District & Skyland Community Association for the Skyland Slate River Path until 1:30 p.m. MDT on July 30, 2009 at the following address:
    a. Skyland Metropolitan District
Attn: Michael Billingsley, District Manager
350 Country Club Drive, Suite 112A
Crested Butte, Colorado 81224
(970) 349-7411
2. General Statement of Work. The purpose of the project is to construct 1250 lineal feet of 10 foot wide pedestrian / bike path from the Slate River at Colorado Highway 135 to Slate River Drive, and the work includes:
    a. Importing subgrade material;
    b. Subgrade preparation and compaction;
    c. Importing, placement and compaction of 6” of Class 6 road base; and
    d. Construction of a 3” asphalt overlay (as an alternate), as shown on the plans. The Owner will provide Construction Surveying services, and materials/quality insurance
3. Availability of Documents. Contract documents will be available from the District office at the address above starting at 12:00 p.m. (noon) MDT, July 21, 2009 for a non-refundable fee of $ 25.00 per set. Please make checks payable to “Skyland Community Association.” The District reserves the right to modify the time for making the contract documents available, and thus, contractors wishing to obtain the contract documents should first call the District office at the phone number above to inquire about their availability before attempting to pick them up.
4. Qualifications. Bidding contractors are not required to submit a statement of qualifications along with the bid, but should be prepared to demonstrate the experience necessary for completion of this project if requested.
5. Pre-Bid Meeting. A pre-bid meeting will be held on July 22, 2009 at 1:30 p.m. MDT in the Skyland Community Association and Skyland Metropolitan District office located at the address listed above.
6. Withdrawal of Bids. Bids will be received as set forth herein and in the contract documents. No bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening bids.
5. Bid Guarantee. A bid guarantee must accompany the bid and must be provided in the form of a bond, certified check, cashier’s check, or bank money order made payable to the Skyland Community Association. If a bid bond is used, it must be on the form provided in the contract documents.
6. Reservation and Award. The District reserves the right to cancel this Invitation to Bid. The District reserves the right to reject any and all bids. The District will accept the bid that, in its estimation, represents the best value to the District.
Skyland Metropolitan District
By Mike Billingsley, District Manager
Published in the Crested Butte News. Issue of July 17, 2009. #071722

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