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 July 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. 2009CW82.  Applicant:  Anthracite Land Co.1860 1600 Road, Delta, 81416.
Application for Expansion of Existing Storage Water Right, New Storage Rights, and for Approval of Plan for Augmentation: Background. Applicant owns 142.05 acres located at an elevation of 6391 feet in portions of Sections 9 and 16, Township 13 South, Range 89 West, 6th PM, Gunnison County, Colorado, together with the existing following water rights: (Note: a new storage water right for Coal Creek Pond No. 3, and enlargement of Coal Creek Pond No. 2 are included in this application.)

Structure Name    Decree(s)    Adj. date    Amount    Use

Big Rock Ditch    CA 3503    1954    2.5 c.f.s    Irrigation/stock
                (Owners-% ownership unknown)
                Hilson, Norris, Wheeler, Anthracite Land CO.

Little Rock Ditch    CA 3503    1954    1.3 c.f.s.    Irrigation

Little Rock Ditch,     96CW43
Snowshoe Ranch    02CW32     1/15/95    3 c.f.s Absolute    Piscatorial, recreation, wildlife
Enlargement No.1    08CW21        1 c.f.s Conditional   

Little Rock Ditch,
Snowshoe Ranch    03CW120    7/1/02     1 c.f.s Absolute    Piscatorial, recreation, wildlife, pond filling
Enlargement No. 2    08CW21           

Coal Creek Pond    03CW120    6/1/02    1.77 acre-feet Absolute    Piscatorial, recreation, fire protection, wildlife
No. 1    08CW21        1.23 acre-feet conditional   

Coal Creek Pond    03CW120    6/1/02    3 acre-feet Absolute     Piscatorial, recreation, fire protection, wildlife
No. 2    08CW21            

Name of Reservoir. Coal Creek Pond No. 2 (N. 4311769    E. 296265)
Location of Point of Diversion. The existing Coal Creek Pond No. 2, consisting of 6 off-channel  ponds that spill from one pond to the other until at the lower terminus/pond they empty into Anthracite Creek. The location of the lowest point of the 6 inter-connecting ponds is the SW1/4 of the SW1/4, Section 9, Township 13 S., Range 89 West, 6th P.M., with distances of 817 feet from the South Section Line and 471 feet from the West Section Line, Gunnison County, Colorado.   
Expansion of Storage Capacity.  Source. Little Rock Ditch, Snowshoe Ranch Enlargements Nos. 1 and 2, tributary to Coal Creek, tributary to Anthracite Creek, tributary to the North Fork of the Gunnison River, fill the Coal Creek Pond No. 2.
Appropriation Information. The appropriation of the enlargement of the Coal Creek Pond No. 2 was initiated on April 1, 2008, by raising the storage capacity of the three lower ponds that make up Coal Creek Pond No. 2.
Uses. Applicant seeks an absolute decree for the expansion of storage rights in the Coal Creek Pond No. 2 for the uses of piscatorial, recreation, fire protection, and wildlife with an appropriation date of April 1, 2008, and an adjudication date of December 31, 2009.  
Amount. Applicant seeks an absolute decree in the amount of 1.9 acre-feet for the enlargement of Coal Creek Pond No. 2, with an appropriation date of April 1, 2008, and an adjudication date of December 31, 2009.    This creates a total storage capacity of the Coal Creek Pond No. 2 of 4.9 acre-feet. (3 acre-feet made absolute in case No. 08CW21)
Additional Use.
Applicant seeks an absolute decree for the new use of augmentation to the existing Coal Creek Pond No. 2. The appropriation date of the new augmentation use of the total storage capacity of Coal Creek Pond No. 2 will be April 1, 2008 with an adjudication date of December 31, 2009 for the total storage capacity of 4.9 acre-feet. (New expansion of 1.9 acre-feet and 3 acre-feet made absolute in Case No. 08CW21)   
APPLICATION FOR A NEW STORAGE WATER RIGHT
Name of Structure. Coal Creek Pond No. 3 (N. 4311395   E. 296442)
Location. Coal Creek Pond No. 3 is located in the NW/14 of the NW1/4, Section 16, Township 13 S., Range 89 W., 6th P.M. with distance of 394 feet from the North Section Line and 1085 feet from the West Section Line.  Amount.  Coal Creek Pond No. 3 has a surface acreage of 0.15 acres and a storage capacity of 0.9 acre-feet.
Appropriation Date. Date of appropriation of Coal Creek Pond No. 3 is August 1, 2008 by construction of pond and filling from the Little Rock Ditch Snowshoe Ranch Enlargements 1 & 2.
Uses. Coal Creek Pond No. 3 will be used for piscatorial, recreation, fire protection, and wildlife.
APPLICATION FOR APPROVAL OF PLAN OF AUGMENTATION
Name of Water Rights to be Augmented. This plan of augmentation will augment for all otherwise out-of-priority depletions from evaporative losses arising from Coal Creek Ponds Nos. 1, 2, and 3.
Plan Assumptions and Source Data. Applicant has made the following assumptions in the development of his plan for augmentation, which are based upon a report, attached hereto and made a part of this application.       
The demand for the allowance of Coal Creek Ponds Nos. 1, 2, and 3 evaporative loss is based on 1.54 surface acres with a total storage capacity of 7.57 acre-feet.
Total water depletions for the Coal Creek Ponds Nos. 1, 2 & 3 evaporative loss have been calculated to be 3.975 acre-feet per year. Evaporative losses have been calculated above 6500 feet based on the premise that the ponds are on the North side of the mountain range out of prevailing winds, and in a canyon where they lie in shadows for most of the day.
Potential Call.  Applicant realizes that calls upon Applicant’s diversions might arise on any stream reaches downstream of Applicant’s diversions.
Statement of Plan for Augmentation. Augmentation for the evaporative losses from Coal Creek Ponds 1, 2, and 3 on applicant’s property will be provided for by releases from the Coal Creek Pond No. 2, an off-channel reservoir with a storage capacity of 4.9 acre-feet, available on a year round basis as needed for any senior calls downstream.  The Coal Creek Pond No. 2 will be filled in priority by Little Rock Ditch Snowshoe Ranch Enlargements 1 & 2. The total consumptive use for the reservoir evaporation for Coal Creek Ponds Nos. 1, 2, and 3 has been calculated to be 3.975 acre-feet for their total annual depletions. The lower terminus of Coal Creek Pond No.2 is approximately 10 feet from Anthracite Creek therefore no transit losses are anticipated.  Applicant has installed agri-drains on two of the lower 6 ponds that make up Pond No. 2, and releases have been made in previous years to the Anthracite Creek.  A Parshall flume has been installed on the lowest pond to measure releases back into Anthracite Creek.
The following chart sets forth a summary of the augmentation plan:

Summary of Augmentation Plan
(In Acre Feet)
Month

Month    Jan    Feb    Mar    Apr    May    Jun    Jul    Aug    Sep    Oct    Nov    Dec    Total
Coal Creek Res.    0.00    0.00    0.00    0.404    0.561    0.696    0.719    0.584    0.494    0.337    0.180    0.00    3.975
Nos. 1,2, and 3
Surface acreage 1.54

Coal Creek Ponds Nos. 1,2, and 3 (Total Surface acreage 1.54)
Above 6500 feet   
Case No.     
Station Name    Paonia
Annual Evaporation (in)        35
Precipitation (in)        0
Effective Precipitation (in)        0
Net Evaporation (in)        35
Surface Area (acres)        1.54
Estimated Net Evap (AF)        4.491666667

    Monthly Evaporation        Monthly Precipitation         Net Evaporation     
    Distribution    Inches    Tables    Inches    Inches    Acre-feet
January     0.010    0.350    2.570    0.000    0.000    0.000
February    0.030    1.050    2.130    0.000    0.000    0.000
March    0.060    2.100    2.350    0.000    0.000    0.000
April    0.090    3.150    1.720    0.000    3.150    0.404
May    0.125    4.375    1.460    0.000    4.375    0.561
June    0.155    5.425    1.230    0.000    5.425    0.696
July    0.160    5.600    2.000    0.000    5.600    0.719
August    0.130    4.550    2.000    0.000    4.550    0.584
September    0.110    3.850    2.040    0.000    3.850    0.494
October    0.075    2.625    1.650    0.000    2.625    0.337
November    0.040    1.400    2.010    0.000    1.400    0.180
December    0.015    0.525    2.650    0.000    0.000    0.000
Total     1.000    35.000    23.810    0.000    30.975    3.975

GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of September, 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 August 14, 2009. #081403

 

—Notice of Request for Proposals (RFP)—

The Gunnison Valley Transportation Authority (RTA) is accepting proposals from individuals, groups, businesses, and other entities interested in providing transportation to the public between the City of Gunnison and the Town of Mt. Crested Butte.   The RTA wishes to obtain bids to provide this service and is not committing to award a contract at this time.
Service will be provided on five 40’ transit buses owned by the RTA.  These buses will be capable of seating at least 40 people – not including standees, and operators must be compliant with all State and Federal regulations.  The buses will be leased to the provider at a cost of $1 per bus for the contract period.  Service will include approximately nine round trips during the winter ski season beginning in mid-November, 2009, and three round trips during the remainder of the calendar year (approximately mid-April to mid-November.)  Desired departure times for each trip are outlined in the RFP and interested operators are encouraged to offer alternatives as they see fit. 
The deadline for receipt of proposals is September 14, 2009 at 5:00 p.m.
The RFP is available electronically or in hard copy from Scott Truex, Executive Director of the RTA by phoning 970-275-0111 or emailing struex@wic.net.
Published in the Crested Butte News. Issue of August 14, 2009. #081406

 

—MEETING NOTICE—

The Board of Directors of the Upper Gunnison River Water Conservancy
District will conduct their regular board meeting on Monday, August 24,
2009 at 6:30 p.m. This meeting is being held in the District offices,
234 North Main Street, Suite 3B, Gunnison and is 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 August 14, 2009. #081405

 

—ADVERTISEMENT FOR BIDS—
GUNNISON COUNTY
811 Rio Grande

Separate sealed BIDS for the construction of 6,684 feet of 4” HDPE force main with a lift station, and 5,823 feet of 8” PVC (SDR35) gravity sewer main with manholes will be accepted at the office of the Gunnison County Public Works Department, 811 Rio Grande, Gunnison, CO 81230 until 10:00 a.m., (Local Time) August 25, 2009, and then at said office publicly opened and read aloud.
Copies of the CONTRACT DOCUMENTS may be obtained at the Gunnison County Public Works Department at 811 Rio Grande, Gunnison, Colorado, on or after August 10, 2009, upon payment of a non-refundable payment of $50 per set.
An optional pre-bid meeting, followed by a site visit, will be held at the Gunnison County Public Works Department on August 14, 2009, at 10:00 a.m.
/s/ Marlene D. Crosby
Assistant County Manager/Public Works Director
Published in the Crested Butte News. Issue of August 7 and 14, 2009. #080703

 

—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 July 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. 2009CW87. Applicant:  Lyle Roatcap, 3945 Secretariat Drive, Florissant, MO 63034.  Application for Change of Water Right:  Sanberg Spring – Decreed point of diversion:  1,850 feet north of the south line and 2,650 feet east of the west section line in Section 33, T47N, R6W, NMPM.  Source:  Big Cimarron River.  Appropriation Date:  03/17/1977.  Amount:  0.97 c.f.s.  Historic Use:  Stockwater and irrigation of 10 acres within the Southwest quarter of Section 33 and the Southeast quarter of Section 32, T47N, R6W, NMPM.  Proposed Change:  Change location of point of diversion from decreed location to the SE1/4SW1/4 of Section 33, T47N, R6W, NMPM., at a point 1,059 feet from the south section line and 1,772 feet from the west section line.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of September, 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 August 14, 2009. #081402

 

—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 July 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. 2009CW96 (08CW132).  Applicant:  James Dunn and Rebecca Dunn, P. O. Box 241, Waterloo, IN, 46793.  Application To Make Absolute:  Little Tycoon Spring No. 2 – NW1/4NE1/4NE1/4 of Section 28, T51N, R4E, NMPM.  482 feet from the north line and 836 feet from the east section line.  Source:  Halls Gulch, Quartz Creek and the Gunnison River.  Appropriation Date:  08/29/2003.  Amount Claimed:  .033 c.f.s. absolute for domestic 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 September, 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 August 14, 2009. #081401

 

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