The Crested Butte News Serving the Gunnison Valley since 1999
Upcoming Agenda Items
Gunnison County Board of Commissioners
Tuesday, March 18, 2008
Meeting to be held in the Commissioner’s Meeting Room at the Courthouse
• Warrants & Transfers
• Treasurer’s Monthly Report
• HB 1177 Roundtable Update
• Gunnison/Hinsdale Board of Human Services
• State Forest Services; Annual Operations Plan for Fire Control
• North Valley Sewer Update
• Riverwalk Estates Subdivision; Ongoing Default of Development Improvements Agreement; Possible Action; Possible Execution Session
• Down Payment and Closing Cost Assistance Program
• Out of State Travel Request; Mary Burt, Belgium
• Out of State Travel Request; Becky Greenwood, Houston, TX
• Resolution; Waiver of Standards, Pete Glatiotis
• Resolution; Waiver of Standards, Albert Roper
• Presentation of the Recycling Awards
• Trails Commission update – Travel Management Plan
• Stipulation; Between Thornton Meadows and Spring Meadows
• Consent Agenda:
• MOA; 2008 CBO Funding, Gunnison Council for the Arts, dba Gunnison Arts Center
• Acknowledgement of County Manager Signature; Contract for Janitorial Services, Western Slope Maintenance, Mountain View Apartments
• Mutual Release and Settlement Agreement; 127 County Road 11 Sewer Issues; Leona Laughman, Rita Mauldin and Lila Newman
Published in the Crested Butte News. Issue of March 14, 2008. #031419
—PRELIMINARY AGENDA—
March 14, 2008
GUNNISON COUNTY PLANNING COMMISSION
Special Meeting
8:45 a.m.- • Call to order; determine quorum
• Approval of Minutes
• Unscheduled citizens: A brief period in which the public is invited to make general comments or ask questions of the Commission or Planning Staff about items which are not scheduled on the day’s agenda.
9:00 a.m. Whetstone Business Park, work session/possible action, business/residential park south of Crested Butte, north of Riverland Industrial Park
10:30 a.m.- Break
10:45 a.m.- Continued work session, Whetstone Business Park
Noon- Lunch
12:15 p.m.- Larkspur Hockey Rink, work session/no action, request for an amendment to the approved uses on the Recreation Parcel, Larkspur Subdivision, to include the use of an enclosed hockey rink, located on Lot R1, Larkspur Subdivision, south of the Town of Crested Butte
1:00 p.m.- Bull Mountain Natural Gas Pipeline, SG Interests I Ltd., continued joint public hearing/possible action on individual elements of application, request for Bull Mountain Natural Gas Pipeline; a proposed 20-inch diameter buried steel natural gas pipeline and related aboveground facilities within a 50-foot right-of way (ROW) on Bureau of Land Management (BLM) public lands and National Forest System (NFS) lands, Grand Mesa, Uncompahgre and Gunnison (GMUG) National Forests, northwest Gunnison County
2:30 p.m.- Break
2:45 p.m.- Continued Public Hearing, Bull Mountain Natural Gas Pipeline
Adjourn
NOTE: Unless otherwise noted, all meetings are conducted in the Blackstock Government Center Meeting Room at 221 N. Wisconsin St. in Gunnison, across the street from the Post Office. This is a preliminary agenda; agenda times may be changed by the staff up to 24 hours before the meeting date. If you are interested in a specific agenda item; you may want to call the Planning Department (641-0360) ahead of time to confirm its scheduled time. Anyone needing special accommodations, please contact the Planning Department before the meeting.
Published in the Crested Butte News. Issue of March 14, 2008. #031415
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of February 2008.The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: CASE NO. 2008CW14 (REF NO. 01CW124). Applicant: City of Gunnison, c/o Ken Coleman, City Manager, P. O. Box 239, Gunnison, CO 81230-0239. (Attorneys for Applicant: Timothy J. Beaton, Patricia M. DeChristopher, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782. Application for Finding of Reasonable Diligence. Name of structures: City of Gunnison Well Nos. 10, 11, 12 and 13. Legal description of the structures: Well No. 10 is located 60 feet South of the North Section line and 70 feet West of the East Section line of Section 35, Township 50 North, Range 1 West, N.M.P.M., Gunnison County, Colorado. Well No. 11 is located 1350 feet South of the North Section line and 2700 feet West of the East Section line of Section 35, Township 50 North, Range 1 West, N.M.P.M., Gunnison County, Colorado. C. Well No. 12 is located 2650 feet North of the South Section line and 2350 feet East of the West Section line of Section 35, Township 50 North, Range 1 West, N.M.P.M., Gunnison County, Colorado. Well No. 13 is located 1850 feet East of the West Section line and 2000 feet South of the North Section line of Section 36, Township 50 North, Range 1 West, N.M.P.M., Gunnison County, Colorado. Previous decrees: On November 30, 1988 in Case No. 81CW307, the conditional water rights for Gunnison Well Nos. 10, 11, 12 and 13 were decreed with a priority date of December 22, 1981 in the amount of 1.11 cfs per well, conditional. These rights were continued by a finding of due diligence in Case No. 94CW092 by entry of a decree dated July 17, 1995. The decree in Case No. 01CW124, entered February 26, 2002, continued the water rights for Gunnison Well Nos. 11, 12 and 13 in the amount of 1.11 cfs per well and for Gunnison Well No. 10 in the amount of 0.222 cfs. Gunnison Well No. 10 was made absolute in the amount of 0.888 cfs in Case No. 01CW124. A change in location of Well No. 10, 1.11 cfs conditional, was decreed by the Court in Case No. 99CW217 by entry of a decree dated May 25, 2000. Source of water: The source of water is groundwater tributary to the Gunnison River. Date of initiation of appropriation: December 22, 1981. Amount: Well No. 10: 0. 888 cfs, ABSOLUTE, 0.222 cfs, CONDITIONAL. Well No. 11: 1.11 cfs, CONDITIONAL. Well No. 12: 1.11 cfs, CONDITIONAL. Well No. 13: 1.11 cfs, CONDITIONAL. Use: Municipal purposes including, but without limitation, use for domestic, commercial, industrial, irrigation and fire prevention purposes. Outline of work and expenditures during the diligence period towards completion of appropriation and application of water to beneficial use: During the preceding diligence period, Gunnison expended time and money evaluating how to incorporate Well Nos. 10 through 13 into Gunnison’s municipal water system. Gunnison contracted Black & Veatch Corporation to conduct to projects regarding water demand for current and future municipal use. A Water Distribution System Master Plan was completed in 2006. This project provided a model for meeting projected demands with sizing the distribution system, providing additional storage and expanding Gunnison’s wellfield. A review of the Gunnison Rising Development proposal for annexing over 1700 acres and incorporating those lands within the City of Gunnison limits was completed in 2007. The annexation proposal projects to expand Gunnison’s service territory for commercial, industrial and residential type development. Evaluating the request to utilize Gunnison’s water system is a part of the need for this review. The cost of such technical assessments to date have totaled approximately $20,720. Gunnison retained the services of John Patterson, as Water Engineer, to review the feasibility of the Antelope Creek reservoir site. Gunnison has a pending change case (Case No. 07CW63) in Water Division No. 4 to transfer a portion of Gunnison Reservoir No. 4 to various small water storage sites, of which some percent will be used for future development on the Van Tuyl Ranch. Gunnison continues to make improvements to the well recharge area where Gunnison Well Nos. 10 through 13 diversion points exist. Gunnison owns and operates the working Van Tuyl Ranch that achieves recharge by utilizing the ground as irrigated hay meadow. Additionally, during the diligence period, Gunnison incurred legal fees in the amount of approximately $65,300 related to the technical assessments described above, to filing statements of opposition and defense of Gunnison’s water rights against potential injury in Water Court, and to preparation and prosecution of Water Court applications to maintain Gunnison’s water rights. WHEREFORE, the City of Gunnison requests that the Water Court grant this application, find that applicant has exercised reasonable diligence, continue the 1.11 cfs conditional water right per well for Well Nos. 11 through 13 and continue the 0.222 cfs conditional water right for Well No. 10. GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of April 2008, to file with the Water Clerk, in quadruplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401
Published in the Crested Butte News. Issue of March 14, 2008. #031308
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of February 2008. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: CASE NO. 2008CW19 (REF NO. 01CW169). Applicant: August Nicolas Family Partnership, LLP. 556 6530 Road, Montrose, CO 81401. Application to make Absolute: Augie Dog Springs 1 and 2, Augie Dog Pipeline and Augie Dog Pond – all located in Section 26, T47N, R6W, NMPM. Augie Dog Spring No. 1 located in the SE 1/4 SW 1/4 SW 1/4, 1,270 feet east of the west section line and 635 feet north of the south section line. Augie Dog Spring No. 2 located in the NW 1/4 SE 1/4 SW 1/4, 1,530 feet east of the west section line and 845 feet north of the south section line. Augie Dog Pipeline located in the NW 1/4 SE 1/4 SW 1/4, 1,370 feet east of the west section line and 740 feet north of the south section line. Augie Dog Pond located in the NW 1/4 SE 1/4 SW 1/4, 1,690 feet east of the west section line and 840 feet north of the south section line. Source: Big Cimarron River. Appropriation date: Augie Dog Springs 1 and 2 – 01/01/1925, Augie Dog Pipeline and Pond – 09/04/2001. Amount claimed: 0.1 cfs absolute from each of the Augie Dog Springs 1 and 2 and the Augie Dog Pipeline and 0.5 acre-feet for Augie Dog Pond all for domestic use and also fish culture for Augie Dog Pond. The application on file with the Water Court contains a detailed outline of work performed during the diligence period. GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of April 2008, to file with the Water Clerk, in quadruplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401
Published in the Crested Butte News. Issue of March 14, 2008. #031409
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of February 2008. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: CASE NO. 2008CW21 (REF NO. 03CW120). 08CW21, Gunnison County, Anthracite and Coal Creek, Application for Diligence and to Make Absolute, Anthracite Land Co, LLC c/o Sherry A. Caloia, LLC 1204 Grand Ave Glenwood Springs, CO APPLICATION TO MAKE ABSOLUTE: Coal Creek Pond No. 1 located in Sec 16, T13S R89W 6th PM, 911 feet from N section line and 2093 ft from E section line, Note: this section is also designated in tracts and is 613 N of S line of tract 49 and 1317 ft W of East line of said tract 48, T13S R89W 6th PM, pond is filled with Little Rock Ditch Snowshoe Enlargement No. 2, source: Coal Creek trib to Anthracite Creek trib to N Fork Gunnison River, Amt: 3.0 af cond w/right to fill and refill in priority, fill rate 1 cfs, decreed in 03CW120 Water Div 4, Approp: 6/01/2002 for piscatorial, recreational, fire protection, wildlife enhancement and livestock watering. This pond has been built and water has been put in from Little Rock Ditch Snowshoe Enlargement No. 2 in amt of .25 surface acres and 2.1 af for recreational, livestock watering, piscatorial, fire protection and wildlife uses. APPLICATION TO MAKE ABSOLUTE Coal Creek Pond No. 2, located in Sec16, T13S, R89W 6th PM 811 ft from N sec line and 2193 ft from E sec line. Note: This section is also designated in tracts and is 713 N of the S line of tract 49 and 1417 ft W of E line of said tract 48, T13S R89W 6th PM, pond is filled by Little Rock Ditch Snowshoe Enlargement No. 2, Source: Coal Creek trib to Anthracite Creek, trib to N Fork Gunnison River, Amt: 3.0 af, cond, w/right to fill and refill in priority. Fill rate 1 cfs, all as decreed in Case No 03CW120, Water Div 4, approp: 6/01/2002 for piscatorial, recreational, fire protection, wildlife enhancement and livestock watering uses. The pond has been built and water has been put into it in amt of 1 af for recreational, piscatorial, fire protection, livestock and wildlife enhancement uses. APPLICATION TO MAKE ABSOLUTE Little Rock Ditch Snowshoe Enlargement No. 2 located on Coal Creek 1,390 ft from E sec line and 2,490 feet from N sec line, section 16, T13S R89W 6th PM, Source: Coal Creek trib to Anthracite Creek, trib to N Fork Gunnison River, decreed in Case No. 03CW120, Water Div 4, Approp 6/01/2002 for Aesthetic, piscatorial, recreational, wildlife enhancement, livestock watering, and fire protection uses and to fill Coal Creek Pond Nos. 1 and 2. The Applicant may continue to keep the Little Rock Ditch Snowshoe Ranch Enlargements No. 1 (with ponds in ditch) and No. 2 and the Coal Creek Ponds Nos. 1 and 2 full and may run water continuously through them so long as it replaces any water that is evaporated from the ponds surface, out of priority, back to Anthracite Creek. Such replacement water may be released from a pond(s) before it re-enters the creek when there is a valid call, by lowering one or more of the ponds located in and along said ditch in an amount equal to the evaporation losses as calculated by the Division Engineer in this area. Detailed outline of work done toward completion of the appropriations provided and request to continue diligence any portion not made absolute. GUNNISON COUNTY. CASE NO. 2008CW22 (REF NO. 02CW32). 08CW22, Gunnison County, Anthracite Creek, Application for Diligence and To Make Absolute. Anthracite Land Co., LLC c/o Sherry A. Caloia, 1204 Grand Ave Glenwood Springs, CO 81601. Structure: Little Rock Ditch, Snowshoe Ranch Enlargement No.1, decreed 7/18/1996 in Case No 96CW043 in Water Div 4, location: on Coal Creek 1,390 ft from E sec line and 2,490 ft from N sec line of sec 16, T13S, R89W 6th PM Source: Coal Creek trib to Anthracite Creek trib to N Fork Gunnison River, Approp: 1/15/1995, Amt: 3.0 cfs, abs and 1 cfs cond, Uses: piscatorial, aesthetic, recreational and wildlife propagation. The Applicant is building a pond to size of 1 surface acre and 6-8 feet deep which will store water and will divert 1 cfs to fill it and keep it full and will ask that this amount be made absolute. The Applicant may continue to keep the Little Rock Ditch Snowshoe Ranch Enlargement No. 1 (with all ponds constructed therein) and No. 2 and the Coal Creek Ponds Nos 1 and 2 full and may run water continuously through them so long as it replaces any water that is evaporated from the ponds surface, out of priority, back to Anthracite Creek. Such replacement water may be released from one or more pond(s) before it re-enters the creek when there is a valid call, by lowering one or more of the ponds located in and along said ditch in an amount equal to the evaporation losses as calculated by the Division Engineer in this area. Detailed outline of work done during the diligence period in the development of the subject water right and request to make absolute. GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of April 2008, to file with the Water Clerk, in quadruplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401
Published in the Crested Butte News. Issue of March 14, 2008. #031410
—IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4—
STATE OF COLORADO
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4
Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of February 2008. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: CASE NO. 2008CW13. Applicant: Randy Ewing, 1563 County Road 730, Gunnison, CO 81230. Contact: Cary Denison, P.O. Box 3171, Montrose, CO 81402. Application for Surface Water Right: Ewing Ditch – NW 1/4 NE 1/4 NW 1/4 of Section 12, T50N, R1W, NMPM 519 feet from the north line and 1,478 feet from the west section line. Source: Ohio Creek and the Gunnison River. Appropriation Date: 05/05/2007. Amount Claimed: 1 cfs absolute for irrigation, stockwater, piscatorial and fire protection. GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of April 2008, to file with the Water Clerk, in quadruplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $90.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401
Published in the Crested Butte News. Issue of March 14, 2008. #031407
—NOTICE OF CANCELLATION OF REGULAR ELECTION—
BY THE DESIGNATED ELECTION OFFICIAL FOR THE
reserve METROPOLITAN DISTRICT no.2
NOTICE IS HEREBY GIVEN by the Reserve Metropolitan District No.2, Gunnison County, Colorado, that at the close of business on the sixty-third (63rd) day before the election there were not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates; therefore, the election to be held on May 6, 2008, is hereby cancelled pursuant to Section 1-5-208(1.5), C.R.S.
The following candidates are declared elected:
Randy L. Barrett 4-Year Term
Ethan Mueller 4-Year Term
James H. Ruthven 4-Year Term
/s/ Debbie Braucht Designated Election Official
for Reserve Metropolitan District No.2 Published on: March 13, 2008
Published in the Crested Butte News. Issue of March 14, 2008. #031404
—NOTICE OF CANCELLATION OF REGULAR ELECTION—
BY THE DESIGNATED ELECTION OFFICIAL FOR THE
reserve METROPOLITAN DISTRICT no.1
NOTICE IS HEREBY GIVEN by the Reserve Metropolitan District No.1, Gunnison County, Colorado, that at the close of business on the sixty-third (63rd) day before the election there were not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates; therefore, the election to be held on May 6, 2008, is hereby cancelled pursuant to Section 1-5-208(1.5), C.R.S.
The following candidates are declared elected:
Randy L. Barrett 4-Year Term
Ethan Mueller 4-Year Term
James H. Ruthven 4-Year Term
/s/ Debbie Braucht Designated Election Official
for Reserve Metropolitan District No.1
Published in the Crested Butte News. Issue of March 14, 2008. #031403
—News Release—
Recreation Special Use Permits
USDA Forest Service
Grand Mesa, Ucompahgre and Gunnison National Forests
Gunnison Ranger District, 216 North Colorado, Gunnison, CO 81230
RECREATION SPECIAL USE PERMITS. The US Forest Service is seeking public input on Special Use proposals that have been received by the Gunnison Ranger District. Outfitter and Guide Services: LAZY F BAR OUTFITTERS is requesting the issuance of a ten year permit for outfitted and guided summer horseback day rides in the Brush Creek/Farris Creek area; summer horseback overnight trips in the Double Top and Deadman areas; and fall hunting trips in the Maroon Bells-Snowmass Wilderness Area (Copper Creek and Perry Creek), Brush Creek, and Rock Creek areas. Recreation Events: COLORADO 500 CHARITY MOTORCYCLE RIDE is requesting a special use permit for a Non-Competitive, Charity Invitational Dual Sport Motorcycle Ride to be held from Basalt to Mt Crested Butte to Lake City to Ouray and back, including Silverton, Telluride and Snowmass Village, using approximately 500 miles of Forest Service and Bureau of Land Management roads and trails. The event is planned for August 18th – 22nd 2008. An estimated 300 riders are expected to ride in the 32nd annual event. Approximately 100 riders will be on USFS/BLM trails at any given time. EAST RIVER FREE TRAPPERS is requesting a special use permit for a weekend mountain-man rendezvous that takes place in Washington Gulch. The rendezvous is planned during August. An estimated 75 participants may attend. GUNNISON RIVER FESTIVAL is requesting a special use permit for a Taylor River kayak race. This one day event would take place on Sunday August 17, 2008 with an estimated 75 participants. RIDE THE ROCKIES is requesting a special use permit for a 435 mile bicycle tour from Durango to Breckenridge. Routes include County Road 209 (Cottonwood Pass), County Road 742 (Taylor Canyon), State Highway 135 (Crested Butte – Gunnison) and US Highway 50 (Gunnison – Montrose) with aide stations located on Federal lands. This week long event would take place between June 15th – 21st 2008 with approximately 2000 participants. Crested Butte is the designated Rest Day location. TAYLOR PARK RESERVOIR FISHING DERBY, Taylor Park Marina is requesting a special use permit for a fishing tournament on Taylor Reservoir. This one day event would take place in June with approximately 100 participants. The tournament participants will be fishing for Northern Pike and other species. Recreation Residence: Jeff Jonas and LeAnne DeShong request expansion of their recreation residence (Lot N) at the Cement Creek Summer Home Group to provide additional living space to the current structure. In order to make an informed decision on the issuance of these permits, the Gunnison Ranger District is accepting comments on the proposals. Comments must be received within 30 calendar days of the publication of this legal notice in the Gunnison Country Times. Comments may be submitted in writing to the following address: Gunnison Ranger District. Attn: Ray Rossman, 216 N. Colorado Street, Gunnison, Colorado 81230. Comments may also be submitted electronically to rrossman@fs.fed.us. Additional information is available by contacting the Gunnison Ranger District at (970) 641-0471.
Published in the Crested Butte News. Issue of March 14, 2008. #031405