Gunnison Legals

—REGULAR MEETING/WORK SESSION AGENDA—
June 11, 2008
GUNNISON BASIN SAGE-GROUSE STRATEGIC COMMITTEE
Gunnison County Commissioners’ Meeting Room

1:00pm  ●  Call to Order; Determination of Quorum; Verify Public Notice of Meeting
1:05       ●  Agenda Approval
1:10       ●  Committee Member Comments/Reports
1:15       ●  Approval of May 21, 2008 Meeting Minutes
1:20       ●  Antler Shed Issue Sub-committee Report and Recommendation
2:20       ●  CCAA Update – USFWS/CDOW
2:45       ●  Presentation to Colorado Wildlife Commission on June 12, 2008
2:55       ●  Future Meetings
3:00       ●  Adjourn Regular Meeting
3:10       ●  Work Session
    -Strategic Plan
    -Possible discussion with one or more members of the Colorado Wildlife Commission (at Aspinall Wilson Building)
5:00pm  ●  Adjourn Work Session
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. Regular Meetings, Public Hearings, and Special Meetings are recorded and ACTION MAY TAKEN ON ANY ITEM. Work Sessions are not recorded and formal action cannot be taken. Two or more Gunnison County Commissioners may attend this meeting. For further information, contact the County Administration at 641-0248. If special accommodations are necessary per ADA, contact 641-0248 or TTY 641-3061 prior to the meeting.
Published in the Crested Butte News. Issue of June 6, 2008. #060602

 

—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 May 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: AMENDED/CORRECTED: CASE NO. 2003CW70. AMENDED APPLICATION FOR UNDERGROUND WATER RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION Name, address, telephone number of applicant: Riverland Lot Owners Association, P.O Box 561, Crested Butte, CO  81224 through their attorney John R. Hill, Jr., Bratton Hill, LLC, 232 W. Tomichi Ave., Suite 202, Gunnison, CO  81230 Phone (970) 641-1903.  CLAIM NO. 1 APPLICATION FOR UNDERGROUND WATER RIGHT.  Name of well:  Riverland Industrial Well (Permit No. 044665-F). Legal description of point of diversion:  In the NE1/4 NE1/4 Section 13, Township 14 South, Range 86 West, 6th P.M. at a point approximately 266 feet from the north section line and 241 feet from the east section line of said Section 13.  Source:  Slate River alluvium.  Initiation of appropriation:  Date of initiation of appropriation:  February 23, 1982.  How appropriation was initiated:  Application for water right.  Date water applied to beneficial use: April 1, 1995.  Amount claimed:  60 gpm absolute. Depth:  150 feet.  Use:  Commercial, domestic and irrigation use in Riverland Industrial Park located in parts of Sections 12 and 13, Township 14 South, Range 86 West, 6th P.M. and Sections 7 and 8, Township 14 South, Range 85 West, 6th P.M.  Remarks: The Riverland Industrial Well was decreed conditionally in Case No. 82CW38, continued in force in Case Nos. 89CW133 and 96CW44.  Water pumped from the well was put to beneficial use on April 1, 1995, however, no application to make absolute was filed and conditional water right was cancelled.  CLAIM NO. 2 APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION.  Name of structures to be augmented: Riverland Industrial Well.  Previous decree for water rights to be used for augmentation:  a.  The water right  decreed to Blue Mesa Reservoir out of the Gunnison River in Case No. 80CW156 for 940,755 acre-feet with priority date of  November 13, 1957 for domestic and municipal, irrigation and stock watering, industrial, hydropower, piscatorial, wildlife, recreation and other purposes.  The initial point of survey of Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and of the center line of the outlet works tunnel, whence the SW corner of Section 31, Township 49 North, Range 4 West, N.M.P.M. bears North 78º36 44 West a distance of 3,207.07 feet.  This water right has been used historically for all of its decreed purposes.  Applicant has entered into a water service contract with the United States of America for 14.0 acre-feet of water from Blue Mesa Reservoir.  b.  Class D Augmentation Certificates issued by the Upper Gunnison River Water Conservancy District (UGRWCD) as defined in paragraph 60 of the Findings of Fact, Conclusions of Law, Ruling and Decree in Case Nos. 02CW94 and 03CW107 (Meridian Lake Decree).  Applicant has a total of 58 Class D Augmentation Certificates.  The use of the augmentation certificates will be in accordance with the applicable provisions of the Meridian Lake Decree.  Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8).   The following water right or rights will be augmented as described below: a. The In Stream Flow (ISF) decreed to the Slate River in 80CW92 for Segment 4 (Coal Creek to East River) held by the Colorado Water Conservation Board (CWCB).  This right is senior to the right claimed in this Application and is entitled to 23 cfs during the period April 1 to November 30 and 12 cfs during the period December 1 to March 31.  This right will be augmented by releases from Meridian Lake Reservoir pursuant to the Meridian Lake Decree.  Augmentation for the period October through April 30 has been calculated pursuant to paragraphs 54 and 55.d. of the Meridian Lake Decree as 0.12 acre-feet before transit losses.  For the remainder of the year, depletions to the ISF will be replaced by releases from Meridian Lake pursuant to paragraph 60 of that decree by releasing the amount required to replace the monthly depletions to the ISF based upon the shortages to the ISF experienced in 2002, the driest year of record, which has been calculated to be 1.79 acre-feet before transit losses or such other amounts the Court determines to be necessary to prevent injury.  Transit loss will be assessed pursuant to paragraph 46 of the Meridian Lake Decree.  b.  Except for the ISF, there is no history of a call originating in the reach of the Slate River, East River and Gunnison River from the vicinity of Riverland Industrial Well to Blue Mesa Reservoir.  Therefore, no augmentation is required in that reach.  c.  The Riverland Industrial Well is vulnerable to a call originating on the Gunnison River downstream of the Wayne N. Aspinall Unit.  The water available pursuant to the contract with the United States or a new contract with the UGRWCD will be used to augment depletions in that reach of the Gunnison River.  That amount is 2.32 acre-feet.  d.  Applicant will avail itself of the subordination of the UGRWCD’s Recreational In Channel Diversion decreed in Case No. 07CW71 in lieu of replacing depletions to the RICD.  Water rights sought to be established by this plan for augmentation: See Claim No. 1.  Name(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 pool:  Riverland Industrial Well is owned by Applicant.  Same addresses as paragraph No. 1.  GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of July 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 June 6, 2008. #060604.

 

—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 May 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:
AMENDED/CORRECTED:
Case No. 06CW257 Gunnison County, Gunnison River, Water District No. 4, Applicant: Eleanor McAuliffe, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor – P.O. Box 179, Gunnison, Colorado  81230, (970) 641-3326;Type of Application: Amended Application for Surface Water Rights, Name of Structures: McAULIFFE SPRING and McAULIFFE SPRING NO. 2.  Location: The McAuliffe Spring is located in the SE1/4 SW1/4 of Section 22, Township 14 S. Range 82 W., 6th P.M. with an approximate location at GPS coordinates 366887.88, 4296947.34 NAD 27.  The McAuliffe Spring is located in the SE1/4 SW1/4 of Section 22, Township 14 S. Range 82 W., 6th P.M. with an approximate location at GPS coordinates 366980.59, 4296945.32, NAD27.  Drainage Basin: Tributary to Willow Creek, tributary to the Taylor River, tributary to the Gunnison River. Quantity: Applicant seeks 25 g.p.m. for the McAuliffe Spring and 25 g.p.m. for the McAuliffe Spring No. 2; Appropriation date: 1947; Use: For the McAuliffe Spring – domestic, irrigation of 12.5 acres of lawn and fire protection; for the McAuliffe Spring No. 2 – domestic use, irrigation of 4 acres of lawn and fire protection. Type of Structures: Springs.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of July 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 June 6, 2008. #060605.

 

—Notice of Sale—
Storage One/ Crested Butte
2537 So. Genoa Court, Aurora, CO 80013
1-888-997-8671
Fax: 303-751-2782

A bookcase, mirror, 4 tires, table saw, cooler, chairs, ladder, golf clubs, polo bag and boxes of personal items, belonging to Dave Darden, whose last known address is P.O. Box 2931, Crested Butte, CO 81224, and stored in Bldg 3, unit 1, of Storage One/ Crested Butte, will be sold at auction or otherwise disposed of at this location on June 13, 2008 at 10:30 am.
Published in the Crested Butte News. Issue of May 30 and June 6, 2008. #053010

 

—L E G A L—
PLEASE TAKE NOTICE, that a public hearing will be held on the 16th day of June, 2008 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Ordinance No. 9, Series 2008:
Ordinance No. 9, Series 2008 – An Ordinance Amending Article 6-3 of the Town Code Relative to Placement of Refuse Containers. 
The full text of this Ordinance is on file at the Town Offices at 507 Maroon Ave., Crested Butte, Colorado for public reading.
TOWN OF CRESTED BUTTE, COLORADO, /s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of June 6, 2008. #060608

 

—NOTICE OF PUBLIC HEARING—
June 19, 2008, 1:15 to 4:30 P.M.
VARIANCE REQUESTS AND REGULARLY SCHEDULED MEETING FOR 
ENVIRONMENTAL HEALTH BOARD
HEARING DATE, TIMES, AND LOCATION: The Gunnison County Environmental Health Board will conduct a public hearing on Thursday, June 19, 2008 at 1:15 p.m. in the Planning Commission Meeting Room of the Blackstock Building Gunnison County Plaza, 221 N. Wisconsin, second floor.  The public is invited.
APPLICANTS AND LOCATION: 3:00 p.m.   Public Hearing for Doug Hosier, Lot 2 McCormick Ranch, near the Town of Crested Butte.  The application for Individual Sewage Disposal System permit was denied because the design did not meet the required setbacks from wetlands. 
REASON FOR PERMIT DENIAL: The Gunnison County Individual Sewage Disposal System Regulations, Section 6-101.13.a states “Each component of each individual sewage disposal system shall have a minimum horizontal distance from pertinent terrain features including …wetlands…as listed in the Table 2.  During the County review, setbacks from wetlands were not met. 
PUBLIC PARTICIPATION: The public is invited to submit verbal or written comments at the meeting, or to submit written comments by FAX (970) 641-8585, or by letter (to Gunnison County Environmental Health, 221 N. Wisconsin, Gunnison, CO 81230), so long as they are received by 5 p.m. the evening before the date of the meeting so that they may be submitted for the public record during the hearing.  Additional information may be obtained by calling the office, (970) 641-5105.
ADA ACCOMMODATIONS: Anyone needing special accommodations as determined by the American Disabilities Act may contact the Environmental Health Office prior to the day of the meeting. Richard Stenson, Gunnison County Environmental Health Official.
Published in the Crested Butte News. Issue of June 6, 2008. #060601

 

—PRELIMINARY AGENDA—
GUNNISON COUNTY PLANNING COMMISSION
Friday, June 6, 2008

8:30 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.
8:45 a.m.    Site Visit Observations, no action, Gladiotis Subdivision, request for six lot subdivision, north of the City of Gunnison, on County Rd 13; Gunnison Energy Corporation, request for 16 vertical and directional gas wells on 10 well pads, located in northwest Gunnison County, Sections 17, 18, 19 and 20, Township 12 South, Range 89 West, west of Highway 133; SG Interests, request for the drilling of the Federal 11-90-24 #2 WDW well, located on private land within Section 24, Township 11 South, Range 90 West, 6th P.M., west of Highway 133, southwest of County Road 265 (Buzzard Divide)
9:00 a.m.    Wegert, public hearing/work session/possible action, site visit observations, request for the installation of a residential wind turbine, located at 2833 County Road 17 (Antelope Creek Road)
10:00 a.m.  Taylor River Ranch, public hearing/no action, site visit observations, request for road construction to serve twenty five 35-acre parcels, and request for an “Owner’s Complex”, with a commons building, (kitchen, dining hall, pool)  and two residential units, located approximately 15 miles northeast of the City of Gunnison, on Taylor River Road
10:50 a.m.  Break
11:00 a.m.  Hard Rock Paving & Redi-Mix, Inc. – Hollenbeck Pit public hearing/no action, request to add a portable asphalt batch plant to the existing Hollenbeck Pit, located approximately 6 miles east of the City of Gunnison, ½ mile south of Highway 50, off of County Road #42
Noon          Lunch
12:15 p.m. Hard Rock Paving & Redi-Mix, Inc. – Hollenbeck Pit public hearing/no action, request to add a portable asphalt batch plant to the existing Hollenbeck Pit, located approximately 6 miles east of the City of Gunnison, ½ mile south of Highway 50, off of County Road #42
1:00 p.m.   Gunnison Crested Butte Regional Airport Light Industrial Park, public hearing/work session/possible action, request to modify the site plan of the Gunnison Crested Butte Regional Airport Light Industrial Park, Special Geographic Area designation, and change of name to the Gold Basin Industrial Park, located southwest of the City of Gunnison 
2:00 p.m.  Sage Creek Subdivision, work session/no action, Sketch Plan request for 29 unit subdivision on Brush Creek Road, division of 18.9 acres into 19 single-family residential lots and 5 duplex lots. South of the Town of Crested Butte and adjacent to Larkspur Subdivision.
3:00 p.m.   Break
3:15 p.m.   McFaul, public hearing/work session/possible action, site visit observations, request for a single-family residence in compliance with Section 13-105: Residential Building Sizes and Lot Coverages, Lot 33, Red Mountain Ranch, south of the Town of Crested Butte, west of Highway 135
3:45 p.m.   Richards, public hearing/no action, site visit observations, request for the construction of a single-family residence with attached garage and detached second residence in compliance with Section 11-108: Development on Ridgelines; Lot 17, Red Mountain Ranch,  south of the Town of Crested Butte, west of Highway 135
4:30 p.m.   Pesnell, work session/no action, request for third dwelling on one parcel; located 19 miles east of the City of Gunnison, north of Highway 50, on 464-acres
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 June 6, 2008. #060607