The Crested Butte News Serving the Gunnison Valley since 1999
—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 August, 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/CORECTED:
CASE NO. 2008CW195. GUNNISON COUNTY. UNNAMED STREAM FED BY THE SPRINGS TRIBUATARY TO THE CIMARRON RIVER. Cecil & Noelle Hernandez, c/o Patrick, Miller & Kropf, P.C., Kevin L. Patrick, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST AMENDED APPLICATION FOR SURFACE WATER RIGHT & WATER STORAGE RIGHT. Purpose of Amendment: This amendment’s purpose is to add a third claim to the original application. The original application is amended to include the following claim: Third Claim: For Surface Water Right. Name of structure: J and N Ditch, 1st Enlargement. Legal description of location of point of diversion: Gunnison County, SW ¼ of the NE ¼, Section 4, Township 46 North, Range 6 West, of the N.M.P.M. at a distance of 2609 feet from the South section line and 2381 feet from the West section line. Source (tributary and river): Unnamed stream fed by springs tributary to the Cimarron River. Date of Appropriation: July 31, 2009. How appropriation was initiated: Field inspection, communications and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 1.25 cfs, conditional. Use or proposed use: To fill and refill Rainbow Lake, described in the Second Claim herein, the uses of the water in Rainbow Lake will be for stockwatering, fire protection, recreation, piscatorial, wildlife propagation and aesthetic. If non-irrigation, describe purpose fully: The water right will be used supplement filling of Rainbow Lake which is primarily used for stockwatering of cattle owned by the applicant, additionally, the lake is used for fish and wildlife propagation, fishing, boating and fire protection of the applicant’s property. The name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing or diversion or storage structure is or will be constructed or upon which water is or will be or stored, including any modification to the existing pool: Applicant. Remarks or any other pertinent information: None. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October, 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 September 11, 2009. #091104
—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 August, 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. 2009CW107 (REF NO. 80CW456, 85CW278, 89CW215, 96CW98 AND 03CW48). GUNNISON COUNTY. 1. Name, address, and telephone number of Applicant: Mountain Coal Company, LLC, c/o Kathleen Welt, P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434, Phone: (970) 929-5015. 2. Application for Finding of Reasonable Diligence. A. Name of Structure: Fresh Water Pond No. 2. B. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: 1. Date of Original Decree: December 15, 1981, Case No. 80CW456, District Court in and for Water Division No. 4. 2. Subsequent Decrees awarding findings of diligence: 85CW278; 89CW215; 96CW38; 03CW48; all in the District Court in and for Water Division No. 4. 3. Legal Description: (a) Decreed location: the initial point of survey of Fresh Water Pond No. 2 is on the dam axis in the East half of Section 9, Township 13 South, Range 90 West, 6th P.M., from whence the Southeast corner of said Section 9 bears South 59º 30’ 52” East 2,443.43 feet. (b) See attached map, Exhibit A-1. 4. Source of Water: Water tributary to North Fork Gunnison River, including water intercepted and collected by works on the West Elk Coal Mine site. 5. Appropriation Date: September 9, 1979. Amount: 9.98 acre-feet. 6. Use: Mine land reclamation, sedimentation, and pollution control, mining, industrial, commercial, manufacturing, domestic and municipal purposes, and irrigation (pursuant to land reclamation) of 108 acres. See attached map, Exhibit A-2. 7. Depth (if well): N/A. The conditional water right herein is part of an integrated water system comprising all water rights decreed and used for development and operation of the West Elk Mine. Reasonable diligence in the development of one component of the system comprises reasonable diligence in the development of all components. C. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 1. Background: Applicant owns and operates the West Elk Mine (the “Mine”), located south of the North Fork Gunnison River near Somerset, Colorado. The conditional water rights herein were appropriated to provide water for the operation of the Mine facility. A mining and exploration program for the Mine property was begun by Applicant’s predecessors during the late 1960’s, and continued through the 1970’s. Preliminary permits were issued in 1981. Construction began in 1981 on surface facilities, coal handling facilities, and portals for the Mine. Coal production from the “F” Seam began in 1982. Beginning in 1991, Applicant began development of the “B” Seam, and purchased and installed longwall mining facilities. Longwall mining production from the “B” Seam began in 1992 and was concluded in 2008 when longwall mining in the “E” Seam was begun. Production from the Mine has increased as a result. As coal production has increased, and increases in the future, water demand for the Mine increases as well. In response to such increased water demand at the Mine, Applicant has engaged in substantial improvement of its water supply facilities and capabilities. Applicant operates an integrated system of water rights and facilities for operation of the Mine of which the subject conditional water right is a part. 2. Diligence Activities since the last Finding of Reasonable Diligence: a. In 2004, Applicant filed its application with the Colorado Division of Reclamation, Mining and Safety for a permit to mine the “E” Seam reserves in Applicant’s Federal Lease No. C-1362. That Permit Revision, No. PR-10, was approved on July 7, 2006. Development of mining plans and the application to the Colorado Division of Reclamation, Mining and Safety, and work on the permit since filing of the application, has involved thousands of hours of work by Mountain Coal employees, consultants, and attorneys. Since the Mine facility is a necessary prerequisite to the operation of the Mine and the development of the conditional water rights for Mine operation, this work constitutes diligence in the development of the subject conditional water rights. b. In February, 2006, the Applicant filed Case No. 06CW34 seeking a finding of reasonable diligence in the development of the conditional decrees for the Mountain Coal Company Nontributary B East Mains Fault Well, the Mountain Coal Company Nontributary Southeast Panels Fault Well, the Northeast Panels Sealed Sump, and the Northwest Panels Sealed Sump, and seeking to make portions of those water rights absolute, based on the diversion, storage, and beneficial use of water pursuant to those water rights. In December 2006, a ruling and decree was entered making the following conditional water rights absolute: 0.27 c.f.s.; 27.9 acre-feet of Mountain Coal Company Nontributary B East Mains Fault Well; 0.27 c.f.s.; 27.9 acre-feet of Mountain Coal Company Nontributary Southeast Panels Fault Well; and 95.8 acre-feet of Northeast Panels Sealed Sump. The court also made a finding of reasonable diligence as to the remainder of Applicant’s conditional water rights in that case. Since the subject conditional water right is part of a unified and integrated water supply system, of which the Mountain Coal Company Nontributary B East Mains Fault Well, the Mountain Coal Company Nontributary Southeast Panels Fault Well, the Northeast Panels Sealed Sump, and the Northwest Panels Sealed Sump water rights form a part, the Applicant’s efforts to develop those water rights constitute diligence with regard to the subject conditional water right. Legal fees incurred in connection with this case exceeded $3,200. c. In July, 2006, the Applicant filed Cases No. 06CW131 and 132 seeking a finding of reasonable diligence in the development of a conditional decree for the Mt. Gunnison Pipeline and seeking to make certain conditional rights absolute in part. In December, 2006, a ruling and decree were entered finding reasonable diligence in the development of the Mt. Gunnison Pipeline water right, making the conditional right absolute in part, and approving a change to correct a point of diversion. Since the subject conditional water right is part of a unified and integrated water supply system, of which the Mt. Gunnison Pipeline water right forms a part, the Applicant’s efforts to develop that water right constitute diligence with regard to the subject conditional water right. Legal fees incurred in connection with this case exceeded $2,600. d. In early 2008, the Applicant commissioned a conceptual feasibility study from Wright Water Engineers for sizing and filling Snowshoe Reservoir. The study was carried out and completed in February and March of 2008. It examined the physical water supply available, evaluating streamflow data from available gauge records and taking account of administration to satisfy instream flow water rights of the Colorado Water Conservation Board, and existing topography at the decreed location, creating a stage-capacity curve for the proposed reservoir, to assess the feasibility of the proposed reservoir. Engineering fees incurred in connection with this study exceeded $5,500. e. In April, 2008, the Applicant filed Case No. 08CW44 seeking a finding of reasonable diligence in the development of the conditional decrees for the Snowshoe Dam and Reservoir and Snowshoe Pipeline. In July, 2009, a Decree was entered finding reasonable diligence in the development of the conditional water rights in that case. Since the subject conditional water right is part of a unified and integrated water supply system, of which the Snowshoe Dam and Reservoir and Snowshoe Pipeline water rights form a part, the Applicant’s efforts to develop those water rights constitute diligence with regard to the subject conditional water right. Legal fees incurred in connection with this case exceeded $9,800.00. f. Applicant is currently reconfiguring various storage ponds located on the minesite, including Fresh Water Pond No. 2, the subject of this diligence application. To that end, Applicant has filed an application with the Colorado Division of Reclamation, Mining and Safety to expand a small existing sedimentation pond to be called Sedimentation Pond MB-5E, near the decreed location of Fresh Water Pond No. 2, and seeks by the Application for Changes of Water Right herein (see below) to relocate certain absolutely decreed water rights, as well as the conditional water right herein, to reflect the proposed new configuration of sedimentation and fresh water storage facilities on the minesite. 3. Remarks: Applicant is filing, concurrently herewith, an Application for Changes of Water Right to change the location of storage of the subject conditional water right and other absolute water rights to accord with the reconfiguration of on-site water storage infrastructure. The two applications should be considered together. 4. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Mountain Coal Company, LLC, P.O. Box 591, 5174 State Highway 133, Somerset, CO 81434, (Fresh Water Pond No. 2). WHEREFORE, Applicant requests that the Court enter a finding of reasonable diligence in the development of the conditional water right that is the subject of this application. GUNNISON COUNTY.
CASE NO. 2009CW108 CONCERNING THE APPLICATION FOR CHANGES OF WATER RIGHT OF MOUNTAIN COAL COMPANY, LLC, IN GUNNISON COUNTY. 1. Name, address, and telephone number of Applicant: Mountain Coal Company, LLC, c/o Kathleen Welt, P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434, Phone: (970) 929-5015. 2. Application for Changes of Water Right. Name, address, and telephone number of Applicant: Mountain Coal Company, LLC, c/o Kathleen Welt, P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434, Phone: (970) 929-5015. 2. Application for Changes of Water Right. A. Decreed Water Rights for Which Change is Sought: 1. Fresh Water Pond No. 2: a. Date of original and all relevant subsequent decrees: December 15, 1981 (Case No. 80CW456); April 24, 1986 (Case No. 85CW278); May 21, 1990 (Case No. 89CW215); February 25, 1997 (Case No. 96CW98); August 29, 2003 (Case No. 03CW48); District Court in and for Water Division No. 4. b. Legal description of structure: 1. Decreed location: the initial point of survey of Fresh Water Pond No. 2 is on the dam axis in the East half of Section 9, Township 13 South, Range 90 West, 6th P.M., from whence the Southeast corner of said Section 9 bears South 59º 30’ 52” East 2,443.43 feet. 2. See attached map, Exhibit A-1. c. Decreed source of water: Water tributary to North Fork Gunnison River, including water intercepted and collected by works on the West Elk Coal Mine site. d. Appropriation Date: September 9, 1979. Total Amount decreed to structure: 9.98 acre-feet. e. Decreed uses: Mine land reclamation, sedimentation, and pollution control, mining, industrial, commercial, manufacturing, domestic and municipal purposes, and irrigation (pursuant to land reclamation) of 108 acres. See attached map, Exhibit A-2. f. Amount of water that Applicant intends to change: 9.98 acre-feet. 2. Sedimentation Pond No. 2: a. Date of original and all relevant subsequent decrees: December 15, 1981 (Case No. 80CW456); April 24, 1986 (Case No. 85CW279); District Court, Water Division No. 4. b. Legal description of structure: 1. Decreed Location: at a point whence the SE corner of Section 9, Township 13 South, Range 90 West of the 6th P.M. bears South 14° 52’ 09” East a distance of 765.8 feet. 2. See attached map, Exhibit A-1. c. Decreed source of water: Natural precipitation and runoff collected on the Mt. Gunnison (West Elk) Mine site, said water being tributary to the North Fork of the Gunnison River. d. appropriation Date: July 24, 1980. Total Amount decreed to structure: 9.61 acre-feet. e. Decreed uses: mine land reclamation, sedimentation and pollution control, mining, industrial, commercial, manufacturing, domestic, municipal, irrigation pursuant to reclamation purposes. f. Amount of water that Applicant intends to change: 9.61 acre-feet. 3. Sedimentation Pond No. 1: a. Date of original and all relevant subsequent decrees: December 15, 1981 (Case No. 80CW456); April 24, 1986 (Case No. 85CW279); District Court, Water Division No. 4. b. Legal description of structure: 1. Decreed location: at a point whence the SE corner of Section 9, Township 13 South, Range 90 West of the 6th P.M. bears South 87° 17’ 30” East a distance of 1,050.3 feet. 2. Preferred legal description (per Water Court form): In the SW¼ of the SE¼ of the SE¼ of Section 9, Township 15 South, Range 90 West, 6th P.M., at a point 86.89 feet from the south section line and 1,058.02 feet from the east section line. 3. See attached map, Exhibit A-1. c. Decreed source of water: Natural precipitation and runoff collected on the Mt. Gunnison (West Elk) Mine site, said water being tributary to the North Fork of the Gunnison River. d. Appropriation Date: July 24, 1980. Total Amount decreed to structure: 13.66 acre-feet. e. Decreed uses: mine land reclamation, sedimentation and pollution control, mining, industrial, commercial, manufacturing, domestic, municipal, irrigation pursuant to reclamation purposes. f. Amount of water that Applicant intends to change: 9.98 acre-feet. B. Detailed description of proposed change: 1. Complete statement of change, including a description of all water rights to be changed, a USGS topographic map showing the approximate location of historical use of the rights and proposed place of use, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. In addition, you may submit a report by an engineer that includes this information. Please be aware that early in the proceedings, you will be required to supply detailed information, such as the historical consumptive use on a monthly basis of the water rights you propose to change and an analysis of historical return flow patterns. You are encouraged to provide such information with this application. Applicant is reconstructing and reconfiguring certain ponds at the West Elk Mine as follows: Applicant is enlarging a small existing sedimentation pond to create Sedimentation Pond MB-5E, with a total capacity of 19.59 acre-feet near the decreed location for Fresh Water Pond No. 2; Applicant is filling-in former Sedimentation Pond No. 2 (Pond MB-2) and converting the area to coal storage; and Applicant is reconfiguring former Sedimentation Pond No. 1 (Pond MB-1) so that it may be used as a fresh water pond to store the Fresh Water Pond No. 2 water right and continue to store 3.68 acre-feet of the Sedimentation Pond No. 1 water right. See map attached hereto as Exhibit A-1. Accordingly, Applicant seeks the following changes of water right: a. Change of location of Fresh Water Pond No. 2 from its prior decreed place of storage to storage in the former Sedimentation Pond No. 1, which will now be known as Fresh Water Pond No. 2; b. Change of location of Sedimentation Pond No. 2 from its prior decreed place of storage to storage in the enlarged sedimentation pond under construction, Sedimentation Pond MB-5E; c. Change of location of 9.98 acre-feet of Sedimentation Pond No. 1 from its prior decreed place of storage to storage in the enlarged pond under construction, Sedimentation Pond MB-5E; d. The remaining 3.68 acre-feet of Sedimentation Pond No. 1 will not be changed, but will remain at its current decreed location in what will now be known as Fresh Water Pond No. 2. 2. If applicant is correcting the location of a well in an existing decree where the actual location of the well is more than 200 feet from the decreed location, or drilling a replacement well more than 200 feet from the decreed location, provide legal descriptions of decreed location and actual or new location of well: N/A. 3. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure. a. Legal description of decreed locations: 1. Fresh Water Pond No. 2: the initial point of survey of Fresh Water Pond No. 2 is on the dam axis in the East half of Section 9, Township 13 South, Range 90 West, 6th P.M., from whence the Southeast corner of said Section 9 bears South 59º 30̓ 52” East 2,443.43 feet. 2. Sedimentation Pond No. 2: Located at a point whence the SE corner of Section 9, Township 13 South, Range 90 West of the 6th P.M. bears South 14° 52’ 09” East a distance of 765.8 feet. 3. Sedimentation Pond No. 1: Located at a point whence the SE corner of Section 9, Township 13 South, Range 90 West of the 6th P.M. bears South 87° 17’ 30” East a distance of 1,050.3 feet. a. Legal description of new locations: 1. Fresh Water Pond No. 2: in the SW¼ of the SE¼ of the SE¼ of Section 9, Township 13 South, Range 90 West of the 6th P.M., at a point 86.89 feet from the south section line and 1,058.02 feet from the east section line (i.e., at the current decreed location of Sedimentation Pond No. 1). 2. Sedimentation Pond No. 2: in the NE¼ of the SE¼ of the SW¼ of Section 9, Township 13 South, Range 90 West of the 6th P.M. as a point 1,005.48 feet from the south section line and 2,204.29 feet from the west section line (i.e. at the new Sedimentation Pond MB-5E). 3. Sedimentation Pond No. 1: a) for 9.98 acre-feet: in the NE¼ of the SE¼ of the SW¼ of Section 9, Township 15 South, Range 90 West, 6th P.M., at a point 1,005.48 feet from the south section line and 2,204.29 feet from the west section line (i.e. at the new Sedimentation Pond MB-5E). b) For 3.68 acre-feet: in the SW¼ of the SE¼ of the SE¼ of Section 9, Township 13 South, Range 90 West, 6th P.M. at a point 86.89 feet from the south section line, and 1,058.02 feet from the east section line (i.e. no change of location for this volume of the water right, which remains at its current decreed location). 3. Remarks: A. This application seeks no change in use, source, point of diversion, location of use, or other aspect of the subject water rights that would implicate or require analysis of historical use in order to assure non-injury. B. This application is filed in conjunction with an application for Finding of Reasonable Diligence for the Fresh Water Pond No. 2, one of the water rights to be changed herein, and should be considered in conjunction with that case. 4. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Mountain Coal Company, LLC, P.O. Box 591, 5174 State Highway 133, Somerset, CO 81434 (Fresh Water Pond No. 2; Sedimentation Pond No. 2; Sedimentation Pond No. 1; Sedimentation Pond MB5-E). WHEREFORE, Applicant requests that the Court enter a decree changing the locations of water rights as set forth above. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October, 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 September 11, 2009. #091103
—REQUEST FOR BIDs—
Request for Bid: Gunnison Valley Hospital is accepting bids for renovation of two patient rooms. Detailed bid document information is available at the Hospital reception desk. Questions need to be directed to David Bobzien at 970-641-1456×236. Sealed bids need to be submitted to the attention of: Materials Management, 711 N. Taylor St. Gunnison, CO. 81230. Bids must be received no later than October 2, 2009.
Published in the Crested Butte News. Issue of September 11 and 18, 2009. #091107
—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 August, 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. 2009CW105 (REF NO. 03CW55). Application to Make Absolute, Name, Address, Telephone Number of Applicants. John M. Dietrich and Paula T. Dietrich, 300 Cement Creek Road, P.O. Box 844, Crested Butte, CO 81224, c/o Rufus Wilderson, Bratton Hill Wilderson & Lock, LLC, 232 W. Tomichi Avenue, Suite 202, Gunnison, Colorado 81230, 970-641-1903, fax 970-641-1943. Background. Applicants own property along Cement Creek. Applicants desire to use the springs to irrigate 6.57 acres on their property, stockwatering and recreational purposes. Description of Water Rights. Name of Structure: Dietrich Spring No. 2 Location: Dietrich Spring No. 2 is located in the NW1/4SE1/4NW1/4 of Section 27, Township 14 South, Range 85 West, 6th P.M. 1640 feet east of the West section line and 1940 feet south of the north section line (N:4297164.953 E: 336577.881 NAD 27 Datum). Source: Alluvium of Cement Creek, tributary of East River, tributary of the Gunnison River. Use: lawn irrigation, stockwatering and recreational uses. Amount: 0.20 cfs Appropriation Date: July 1, 1991. Name of Structure: Dietrich Spring No. 3. Location: Dietrich Spring No. 3 is located in the NW1/4SE1/4NW1/4 of Section 27, Township 14 South, Range 85 West, 6th P.M. 1680 feet east of the West section line and 1880 feet south of the north section line (N:4297173.908 E: 336584.813 NAD 27 Datum). Source: Alluvium of Cement Creek, tributary of East River, tributary of the Gunnison River. Use: lawn irrigation, stockwatering and recreational uses Amount: 0.10 cfs. Appropriation Date: July 1, 1991. Name of Structure: Dietrich Spring No. 4. Location: Dietrich Spring No. 4 is located in the NW1/4SE1/4NW1/4 of Section 27, Township 14 South, Range 85 West, 6th P.M. 1700 feet east of the West section line and 1800 feet south of the north section line (N:4297194.786 E: 336598.280 NAD 27 Datum). Source: Alluvium of Cement Creek, tributary of East River, tributary of the Gunnison River. Use: lawn irrigation, stockwatering and recreational uses. Amount: 0.35 cfs. Appropriation Date: July 1, 1991. Description of activities: The Applicant has completed the development of the subject water rights and put them to the uses described and therefore requests they be made absolute. Ownership Information. John M. Dietrich and Paula T. Dietrich, P. O. Box 844, Crested Butte, CO 81224. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October, 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 September 11, 2009. #091102
—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 August, 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. 2009CW99 (REF NO. 08CW21, 02CW32, 96CW43). Applicant: Anthracite Land CO., LLC., 1860 1600 Road, Delta, CO 81416. Application To Make Absolute: Little Rock Ditch Snowshoe Ranch Enlargement No. 1 – SW1/4NE1/4 of Section 16, T13S, R89W, 6th PM. 1333 feet from the north line and 1475 feet from the east section line. Source: Coal Creek and the Gunnison River. Appropriation Date: 01/15/1995. Amount Claimed: 1 cfs absolute for piscatorial, recreation, wildlife, fire protection and filling of Coal Creek Ponds nos. 1, 2 and 3. 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 October, 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 September 11, 2009. #091101
—Gunnison County Board of County Commissioners Meetings—
The Board of County Commissioners meets on the 1st and 3rd Tuesday of each month for Regular Meetings and on the 2nd and 4th Tuesday of each month for Work Sessions. Special Meetings, including Public Hearings, may be scheduled at any time.
Meetings are held in the Gunnison County Board of County Commissioners’ boardroom located in the Gunnison County Courthouse at 200 E. Virginia, Gunnison, CO 81230. Agendas are posted in the glass display case at the Courthouse and on the County’s website at www.gunnisoncounty.org/commissioners_meetings.html. Agendas are subject to the addition of items up to 24 hours in advance of a meeting. Deletions from an agenda may occur at any time. For further information, please contact County Administration at (970) 641-0248. If special accommodations are necessary per ADA requirements, please contact County Administration or TTY 641-3061 prior to the meeting.
Published in the Crested Butte News. Issue of September 11, 2009. #082809