College ski vacation still coming, but in smaller numbers

The streets of Crested Butte may be a little quieter in the middle of the night this December and January. Despite making extra efforts to keep last year’s Butte Bash college ski trips a more pleasant experience for local businesses and homeowners, the promoters have turned the volume down for this season’s events. Read More »

“ Crescent Lake will be beneficial whether Snodgrass happens or not”

Not all the recent activity at Crested Butte Mountain Resort is taking place on the hill. The resort’s planning department continues to make preparations for future developments like the North Village and Snodgrass, and has applied to the U.S. Army Corp of Engineers for a wetlands impact permit for the proposed Crescent Lake Reservoir. Read More »

The family of a young accident victim works to help others in his honor

Sometimes bad things happen to good people. Losing a child in the prime of life has to be one of those times. Read More »

With the opportunity two weeks ago to meet with the chief executive of the Thompson Creek Metals Company, I thought it only fair to jot down a few impressions.
Kevin Loughrey is smart. You don’t get to be the CEO of a major worldwide mining company without being smart—and charming. By the end of my conversation, I thought he could have had Sue Navy signing a petition of support for a mine. To say the guy is smooth is an understatement. He’s a salesman. And a pretty good one.  Damn it.
I had half hoped he’d come in and just start spewing about how a mine is good for the economy but there’s a small price to be paid. He could have said it might screw up the water a tad and pollute the air a tich and turn just another mountain into a beautiful pile of rubble one rock at a time but it would all be worth it for the economy. He didn’t. Mine guys are different in the 21st century. He didn’t use the term “tree-hugger” once.
To hear him talk, all the mine will do is be close to invisible except when paying the local tax bill, which will be huge. I got the impression from Mr. Loughrey that Thompson Creek Metals Company will come in, drop a wad of cash into our collective pockets and no one will know they were ever here. Snake oil? Perhaps. But it doesn’t matter that much. Just the concept of a mine and recreation don’t mesh.
He asked me to keep an open mind. Okay.
But he also implied he understands his company will have to prove everything they claim they’ll do before they do it. You betcha. Welcome to the valley.
When he talked about how communities where Thompson Creek has a mine worry about the mine shutting down and leaving… as opposed to worrying about them coming… I certainly understand that. Communities change with a mine. To bring in 200 or 400 or 600 jobs dependent on mining, it is of course worrisome when a mine leaves.
There it is, though. The traditional profile of a mining community, including the old Crested Butte, isn’t hard to see. The term “Boom and Bust” is fairly common when applied to mining towns. Loughrey predicts this mine could have a life of six decades. There will be some times in those years that are busier than others.
Boom and Bust.
Last year the folks in Leadville probably felt a boom in their hearts when it was announced the Climax molybdenum mine would ramp up production. Those same people had to feel the bust in their soul just this past Monday when the mine’s owner laid off people and postponed that mine because the price of moly has plunged to $12 a pound.
This community has chosen to go in the direction of tourism to escape some of that boom and bust. While not totally steady, as we’ll probably see this season, a tourism economy doesn’t have the traditional wild swings of mining.
At times Loughrey seemed to diss second-home owners in the valley. Now, let’s not forget that those are the people who provide a lot of depth and money to Crested Butte. At least the current Crested Butte.
He’s not saying a lot that we haven’t heard before and I think most people who have chosen to live here understand that a tourist and second-home economy might not be perfect… but it’s pretty darn sweet most of the time and overall is healthier than a mine economy.
The worm on Mr. Loughrey’s hook is money.
More jobs. Different jobs. An increase in the tax base. Lower power bills. It’s a strong argument for some in a tough economic climate. I’m not sure he understands that a lot of people live here not for the money but for the place. And if the place changes too much too fast, what’s the point?
I went to school in southeastern Ohio. Mining country. I met mining families and became familiar with the mining communities next door. Good people and places. But the change to this valley would be huge. It is that change that is the problem. It’s not about the money or the people but the choice.
There are mining towns to move to now and looking at the Thompson Creek website, they aren’t places many of us would choose to live. Crested Butte in 2008 is a resort… by choice and by design. And just the idea of a mine at the resort probably keeps some people from coming here. It hurts the economic model that those people who have chosen to live here have spent years to mold.
Based on what Mr. Loughrey said last week, I anticipate his company to be in the mix here for a while. When he says they have to prove every positive impact of a potential mine, I agree. And he’s right about this community… Those living here won’t take what he says “on faith.” One other thing is likely as well—the process will not be short. It will be up to every one of us, whether for or against the proposed new use of Red Lady, to hold Mr. Loughrey and his company to that promise of proof for the duration.
I heard what Kevin Loughrey said: Thompson Creek is not afraid to be held to a very high standard of proof.
Now, hopefully my first impression is right… and he really is smart. Smart enough to understand that even the highest standards of proof may not be enough in this case.

Latest draft of revisions is still weeks away

The process of revising the county’s Special Development Project Regulations—commonly referred to as 1041 regs—has caused some concern among proponents of lift-served skiing on Snodgrass Mountain and driven one longtime resident to lobby local municipalities to try to stop it. Read More »

“We feel it has some fatal flaws”

With the second draft of Gunnison County’s 1041 Regulations for Special Development Projects out for review, and a public hearing scheduled next week to discuss the third draft, there are some people in Mt. Crested Butte and Gunnison who are unhappy with the plan. Read More »

Rec Path closed
Work began last week on a repair of the bridge crossing the wetlands along the recreation path between the two towns. The path is maintained by the town of Mt. Crested Butte. The town has hired a contractor to pour a new helical foundation for the bridge, which should prevent future warping. The path is closed between the bridge crossing the Slate River and Moon Ridge Lane. On Tuesday, September 16, town manager Joe Fitzpatrick said they were making good progress, and the bridge should be fixed and the rec path re-opened by the week of October 6.  Read More »

—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 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. 08CW99 (REL NO. 97CW92) Gunnison County, Gunnison River, Water District No. 4, Applicant: Saddle Ridge Ranch Estates Water Company, 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: Application to Make Absolute in Part and For Finding of Reasonable Diligence in Part; Name of Structures: Saddle Ridge No. 5 Well, Saddle Ridge No. 7 Well, Saddle Ridge Pond and Meridian Ditch Supplement; Location:  Saddle Ridge No, 5 Well is located SW1/4SE1/4 Section 35, Township 13 South, Range 86 West, 6th P.M. at a point bearing 526 feet from the South Section Line and 2544 feet from the East Section Line of Section 35; Saddle Ridge No. 7 Well is located SW1/4SE1/4, Section 35, Township 13 South, Range 86 West, 6th P.M. at a point bearing 550 feet from the South Section Line and 2326 feet from the East Section line of Section 35; The Saddle Ridge Pond is located at a point whence the Northeast corner of Section 27, Township 13 South, Ranch 86 West, 6th P.M. bears South 71°7’ East 3130 feet.  The dam outlet point for the pond is in the NE¼NW ¼ Section 35, T 13 S, R 86 W, 6th P.M. at a point bearing 100 feet from the North Section Line and 2,500 feet, and The Meridian Ditch Supplement will divert at the point of diversion decreed to the Meridian Ditch, Ditch No. 226 in old Water District 59, as described below.  The decreed point of diversion of the Meridian Ditch is on the right bank of the Washington Gulch Creek, a tributary to the Slate River, a tributary of the Gunnison River, at a point at whence the Northeast corner of Section 27, Township 13 South, Ranch 86 West, 6th P.M. bears South 71°7’ East 3130 feet.  Drainage Basin: Slate River, a tributary of the East River, a tributary of the Gunnison River. Quantity:  39 gallons per minute for the Saddle Ridge No. 5 Well and 52 gallons per minute for the Saddle Ridge No. 7 Well; Saddle Ridge Pond is 4.0 acre feet and the Meridian Ditch Supplement is 0.25 c.f.s; Appropriation date:  Saddle Ridge No. 5 Well and Saddle Ridge No. 7 Well is May 16, 1999, Saddle Ridge Pond and Meridian Ditch Supplement is June 3, 1997;  Use: Saddle Ridge No. 5 Well and Saddle Ridge No. 7 Well are used for in-house domestic purposes on each of the 18 lots and Equestrian Center, and by livestock within the Equestrian Center.  Outside of SRRE, water will be used for in-house domestic purposes only on up to 20 residences; Saddle Ridge Pond is used for recreation, livestock watering, and augmentation purposes; Meridian Ditch Supplement is used to fill the Saddle Ridge Pond. Type of Structures: Wells, Pond, Ditch. Other:  Applicant requests an absolute water right in part and a finding of reasonable diligence.  The Application sets forth the actions taken toward the completion of appropriation and application of water to beneficial use as conditionally decreed. GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October 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:  $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 19, 2008. #091916
 

—PRELIMINARY AGENDA—
Friday, September 19, 2008
GUNNISON COUNTY PLANNING COMMISSION
8:00 a.m.    •    Call to order; determine quorum
8:05 a.m.    Leave for Site Visit
9:30 a.m.    Bear Ranch Site Visit, site visit/no action, request for the construction of a road to provide access to 17 – 35-acres tracts, located approximately 4.5 miles east of State Highway 133, north of County Road 12 (Kebler Pass)
Lunch   
The Planning Commission will meet in the Crested Butte Town Council Chambers. Crested Butte Town Hall, 207 Maroon Avenue, Crested Butte, CO
1:45 p.m.    •    Call to order; determine quorum
•    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.
THE RIVERLAND INDUSTRIAL PARK JOINT PUBLIC HEARING HAS BEEN CANCELLED. THE APPLICANT HAS WITHDRAWN THE APPLICATION
2:00 p.m.    Johnny Biggers, work session/no action, construction of a duplex; request for variance to the inner restrictive buffer setback adjacent to a wetland, in compliance with Section 11-107: Protection of Water Quality
3:00 p.m.    Michalek Subdivision, joint public hearing/no action, request for subdivision of 3.18-acres into 2 single-family lots, located approx. 6 miles north of the City of Gunnison, east of the Gunnison River
4:10 p.m.    Johnny Biggers, site visit/no action, construction of a duplex; request for variance to the inner restrictive buffer setback adjacent to a wetland, in compliance with Section 11-107: Protection of Water Quality
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 September 19, 2008. #091913

—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 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. 08CW90 (REL 02CW14) Gunnison County, Gunnison River, Water District No. 4, Applicant: Crested Butte. LLC., a Colorado limited liability company, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor – P.O. Box 179, Gunnison, Colorado  81230, (970) 641-3326 and United States of America, c/o David W. Gelhert, Natural Resources Section, Department of Justice, 999-18th Street, Suite 945, Denver, CO 80202, (303) 312-7352; Type of Application: Application to Make Absolute in Part and For Finding of Reasonable Diligence.  Name of Structure: Crested Butte Ski Area Snowmaking System.  Location: At a point on the right bank of the East River from whence the Southwest corner of Section 13, Township 13 South, Range 86 West, 6th P.M., bears South 61 E 31’28” West a distance of 3959 feet. Drainage Basin: The East River, a tributary of the Gunnison River. Quantity/Appropriation date/Use: 6.0 c.f.s./ March 25, 1981/ Artificial snowmaking . Type of Structure: Artificial snowmaking system; Other: Applicants request the entry of a decree making absolute an additional 1.25 c.f.s of the 1.45 c.f.s. previously decreed to the Applicant United States of America as a conditional water right (Following the grant of this 1.25 c.f.s. as absolute, there will be a total of 5.8 c.f.s. decreed absolute by these applications, with 1.2 c.f.s. owned by Applicant Crested Butte Mountain Resort, Inc. and 4.6 c.f.s. owned by the United States). Applicants further request the entry of a decree to have the remaining .2 c.f.s. previously decreed to the United States as a conditional water right be continued on a conditional status and sets forth the actions taken toward the completion of appropriation and application of water to beneficial use as conditionally decreed.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October 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:  $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 19, 2008. #091914

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 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. 08CW97 (REL NO. 01CW256) Gunnison County, Gunnison River, Water District No. 4, Applicant: James Roy Alexander and Rosemary Alexander, 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: Application for Finding of Reasonable Diligence; Name of Structure: Alexander Spring. Location: Spring is located in the NE1/4NE1/4SW1/4 of Section 33, Township 48 North, Range 1 East, N.M.P.M. 2652 feet from the East line and 2278 feet from the South Line of Section 33. Drainage Basin: An unnamed tributary of Tomichi Creek. Quantity: 0.25 c.f.s.; Appropriation date: Approximately June, 1993; Use: Domestic and irrigation of ten acres. Type of Structure: Spring.  The application contains a summary of the efforts taken towards the completion of this appropriation.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October 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:  $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 19, 2008. #091916
 

—NOTICE OF PUBLIC HEARING—
CONCERNING A PROPOSED AMENDMENT
 TO THE GUNNISON COUNTY LAND USE RESOLUTION

HEARING DATE, TIME AND LOCATION:  The Gunnison County Board of Commissioners will conduct a public hearing TUESDAY, OCTOBER 21, 2008 at 8:50 A.M. in the Commissioners’  Meeting Room, 2nd Floor, Gunnison County Courthouse, 200 E. Virginia Gunnison, Colorado, to hear public comment concerning a proposed amendment to the Gunnison County Land Use Resolution. 
PROPOSAL:  The Gunnison County Planning Commission has recommended amendment of Section 3-105: Withdrawn and Inactive Applications, of the Gunnison County Land Use Resolution; the amendment would clarify that additional information regarding an application for a Land Use Change Permit must be submitted within six months after it is requested by the Planning Department, Planning Commission or Board of Commissioners.
PUBLIC PARTICIPATION: Interested persons are invited to submit oral or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO  81230), so long as they are received by 5 p.m. the afternoon before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the proposed amendment is available in the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO; additional information may be obtained by calling the Planning Department (970) 641-0360.
ADA ACCOMMODATIONS: Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the hearing.
/s/ Joanne Williams, Director of Planning
Published in the Crested Butte News. Issue of September 19, 2008. #091904

MEETING NOTICE
GUNNISON BASIN SAGE-GROUSE STRATEGIC COMMITTEE
GRAZING MANAGEMENT RESEARCH SUBCOMMITTEE

DATE:    Thursday, September 25, 2008
TIME:      9:30 am
PLACE:    Gunnison County Commissioners’ Meeting Room
This meeting is open to the public.
Published in the Crested Butte News. Issue of September 19, 2008. #091905

—Upcoming Agenda Items—
Tuesday, September 23, 2008
GUNNISON COUNTY BOARD OF COMMISSIONERS
Meeting to be held in the Commissioner’s
 Meeting Room at the Courthouse

• Warrants and Transfers
• Monthly Treasurer’s Report
NOTE: This is a list of items tentatively scheduled for the Commissioners’ agenda. Items may be added up to 24 hours prior to the meeting, or deleted at any time. A final agenda will be prepared after the publication deadline for the newspaper. For further information or confirmation of specific times on the agenda, please contact the County Administration Office at 641-0248.
Published in the Crested Butte News. Issue of September 19, 2008. #091903

—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 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. 07CW116 Applicant: Murdie Homeowners Association/David Vanderhoofven, 6976 Robb Street, Arvada, CO 80004.  Amended Application for Ground Water Right, Surface Water Right, Storage Right, and Approval for Plan for Augmentation.  Background:  The Murdie Subdivision is situated in the Taylor Park area at an elevation of approximately 9580 feet, more specifically located in the NE1/4 of the NE1/4, Section 22, T14S, R82W, 6th PM Gunnison County, CO.  The Murdie Subdivision was originally platted by its developers in 1967 containing a total of 42 individual lots limited to 41 individual dwellings.  The Murdie Subdivision has historically been a seasonal use property with vacation cabins until recent years where a portion of lot owners have chosen to reside or vacation there on a year round basis.  It has derived its water supply from the Multhup Pipeline, Priority no. 657, adjudication date of October 28, 1965, case no. W-73, with an appropriation date of July 15, 1964.  The pipeline is decreed for the amount of 0.08 c.f.s. for stock and domestic purposes.  The Multhup Pipeline is located from whence the W1/4 corner of Section 23, T14S, R82W, 6th PM bears North 8°07” West, a distance of 2914.7 feet. (367890, 4296672).  The Multhup Pipeline, Priority no. 657 in the amount of 0.08 c.f.s., consists of a combination of a two and three in pipeline running a distance, from its point of diversion to the Murdie Subdivision storage tank, (absolute decree for the storage of 0.0614 acre-feet, case no. 85CW220), approximately 1 mile.  The pipeline drops down from its point of diversion to a point on Willow Creek where it supports a termination point with a shut-off valve and can be released directly into Willow Creek when not in use by the subdivision.  The water is turned on in May, depending on weather conditions, to serve the subdivision and shut off in mid October.  The operation of the pipeline to the subdivision is controlled by climatic conditions based on the high elevation of the pipeline and subdivision.  The infrastructure located within the Murdie Subdivision is placed at an approximate depth of 1.5 feet where operation of the water system is not possible due to the frost level, which exists in the range of 6 to 8 feet below ground surface.  Several homeowners who reside or vacation there on a year round basin have opted to drill individual wells based on the Pre. ’72 status of the Murdie Subdivision as no other water source is available during winter months.  The applicants are seeking a plan of augmentation for the purpose of drilling a community well to serve the subdivision replacing depletions from the Murdie Pond.  Water from the Multhup Pipeline was recently cited by the State Department of Health as being unsafe for human consumption and the Murdie H.O.A. is required to remedy the situation.  After detailed research, and considering the condition and length of the pipeline, the association made the decision to drill a well and operate the water system with the same infrastructure that is currently in place within the subdivision. The applicants acknowledge the need for a year round augmentation plan for future purposes, however, for now and for an indefinite time in the future, the subdivision will only be able to use the well during the same time frame as the Multhup Pipeline.  Given this, the applicants wish to keep the option open to allow for homeowners who choose to use the cabins during the winter months to have the ability to apply for and obtain an individual on-lot well.  Owner of land on which the well will be located:  The Murdie Well will be located on Lot 8, Blk, 3 of the Murdie Subdivision.  Owner is identified as Clarence D. Taylor ET AL, 202 Broken Arrow Dr., Sun City West, AZ 85375.  Owner has been notified by the “jdf290 1/06, Certificate of Notice” within 10 days after filing the application according to statute.  Application for a Ground Water Right: Murdie Well – NE1/4NE1/4 of Section 22, T14S, R82W, 6th PM.  100 feet from the north section line and 100 feet from the east section line.  Source:  Willow Creek, tributary to the Taylor River, tributary to the Gunnison River.  Appropriation Date:  08/31/2007.  Amount Claimed:  20 g.p.m or 0.044 cfs conditional and an annual appropriation not to exceed 16.08 acre-feet for use in up to 41 single-family dwellings most of which are used on a seasonal basis, and there exists 24 valid wells or well permits in place at present.  Application for Storage Right:  Murdie Pond – SW1/4NE1/4 of Section 22, T14S, R82W, 6th PM.  2,550 feet from the north section line and 1,382 feet from the east section line.  Source: Murdie Pond will be filled in priority by the Multhup Pipeline, Priority no. 657, adjudication date of October 28, 1965, case no. W-73, with an appropriation date of July 15, 1964.  The pipeline is decreed for the amount of 0.08 c.f.s. for stock and domestic purposes.  The Multhup Pipeline is located from whence the W1/4 corner of Section 23, T14S, R82W, 6th PM, bears North 8°07” West a distance of 2914.7 feet.  The Multhup Pipeline is tributary to Willow Creek, tributary to Taylor River, tributary to the Gunnison River.  Appropriation Date:  06/10/2008.  Amount Claimed:  3.829 acre-feet conditional for augmentation purposes for the Murdie Well. Application for Surface Water Right Adding New Uses on the Existing Multhup Pipeline:  Multhup Pipeline, Priority no. 657, adjudication date of October 28, 1965, case no. W-73. With an appropriation date of July 15, 1964.  The pipeline is decreed for the amount of 0.08 c.f.s. for stock and domestic purposes.  The Multhup Pipeline is located from whence the W1/4 corner of Section 23, T14S, R82W, 6th PM, bears North 8°07”, West a distance of 2914.7 feet.  Applicant seeks to add new conditional and absolute uses to the Multhup Pipeline, however, does not seek to enlarge the existing pipeline.  Source:  The Multhup Pipeline is tributary to Willow Creek, tributary to Taylor River tributary, to the Gunnison River.  Use:  Applicant seeks a conditional decree to fill the Murdie Pond in priority in addition to the existing domestic and stock of original decree in the amount of 0.08 c.f.s.  Applicant does not seek to increase the amount of the existing decree.  Appropriation Date:  06/10/2008.  Adjudication Date: 12/31/2008.  Applicant seeks an absolute decree for the irrigation to water up to 4 acres of lawn and garden within the subdivision.  A portion of the lot owners have historically used the Multhup Pipeline, as evidenced by the association’s minutes, to irrigate their lawns.  Date of Appropriation:  12/31/1986.  Adjudication Date:  12/31/2008.  Applicant seeks an absolute decree for fire protection. Date of Appropriation:  06/10/2008.  Adjudication Date:  12/31/2008.  Application for Approval of Plan for Augmentation:  Name of Water Rights to be Augmented:  This Plan of Augmentation will augment for all otherwise out-of-priority depletions from the Murdie Well and evaporative loss from the Murdie Pond.  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, included and made part of this application.  The demand for each residence is estimated to be 100 gallons per day (gpd) per person for a three and one-half person household.  The in-house demand for each has been calculated to average 0.033 acre-feet per month and total 0.40 acre-feet per year.  The total demand for 41 residences will be 1.34 acre-feet per month or 16.08 acre-feet per year.  Wastewater for dwellings is or will be treated by individual Disposal systems (ISDS).  In-house depletions are estimated to be 10% of demand and have been calculated to average 0.134 acre-feet per month and a total 1.608 acre-feet per year for the 41 residential lots.  Total Water Depletions from the Murdie Well have been calculated to be 1.608 acre-feet per year.  Note that these are conservative calculations as the proposed Murdie Well will only operate from May through mid October and several lot owners have individual household-use only wells already in place.  Applicant has sent to each lot and/or well owner within 600 feet, notice of its intent to file subject plan for augmentation.  Copies of these notices, attached Exhibit “A” are attached and on file with the Water Court. 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 Murdie Well serving domestic use for the 41 residential dwellings on the applicant’s property will be provided for by releases from the Murdie Pond decreed for a storage amount of 3.829 acre-feet with an appropriation date of June 10, 2008.  A piped outlet directly into Willow Creek by way of an existing channel will make releases from the Murdie Pond available on a year round basis as needed for any senior calls downstream.  The total consumptive use for the domestic use has been calculated to be 16.08 acre-feet for their total depletions, and 1.792 acre-feet for year round evaporative loss of the Murdie Pond, and 0.17 (5%) acre-feet in transit loss from the Murdie Pond outlet to Willow Creek, resulting in total annual depletions of 3.569 acre-feet.  The applicant acknowledges that augmentation water will be solely for applicant’s use.  Applicant has entered into a contract with the Upper Gunnison Water Conservancy District to purchase two acre-feet of water for out of priority depletions in the event of a Gunnison Tunnel call or a Redlands Power Canal call.  
The following chart sets forth a summary of the augmentation plan:
                             Jan   Feb   Mar   Apr   May   Jun   Jul     Aug  Sep    Oct   Nov   Dec   Total                 
Household use   1.34 1.34   1.34  1.34  1.34   1.34  1.34  1.34  1.34   1.34  1.34  1.34   16.08
Demand ( 41      
Residences)
Household use   1.34  1.34  1.34  1.34  1.34   1.34  1.34  1.34  1.34   1.34  1.34   1.34   16.08
Consumption/
Depletions (41
Residences)
Murdie Pond     0.00  0.00   0.00 0.00 .278  347  .363   .293  .251   .169   0.09    0.00     1.791
Evaporation
.775 surface
Acres
5% transit loss .0067 .0067 .0067 .0067.021 .024 .025  .021  .019   .015  .011.0067         .170
From pond
Outlet to
Willow Creek
Total               
Depletions        134  .134   .134  .134  .412  .481  .497  .427  .385 .303    .224 .134          3.569
Above 9000 feet  Town name Total Annual Evap. In inches  Total Annual Effective Precip
                             Taylor Park                                   34.750                                            0
                           Surface Acreage                           0.775

Month       Total Monthly Total Effective Monthly Evap. Monthly Evap Net Evap Net Evap            
                Precipitation  Precipitation               Inches             Dist.         Inches     acre-feet
Jan                                           0.000                0.000              0.000       0.000       0.000
Feb                                           0.000                0.000              0.000       0.000       0.000
Mar                                           0.000                0.000              0.000       0.000       0.000
Apr                                           0.000                0.000              0.000       0.000       0.000
May                                          0.000                5.386              0.155       5.386       0.278
Jun                                           0.000                6.603              0.190       6.603       0.347
Jul                                            0.000                7.000              0.200       7.000       0.363
Aug                                          0.000                5.600              0.160       5.600       0.293
Sep                                          0.000                4.865              0.140       4.865       0.251
Oct                                           0.000                3.128              0.090       3.128       0.169
Nov                                          0.000                1.738              0.050       1.738       0.090
Dec                                          0.000                0.000              0.000       0.000       0.000
Annual              
Totals               0.000               0.000               34.319             0.985      34.319      1.791              
*Annual Evaporation umbers from DWR
MONTROSE COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October 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:  $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 19, 2008. #091918

—COMMISSIONERS’ PROCEEDINGS 8/19/08—
Gunnison County, COlorado
At the regular meeting of the County Commissioners of Gunnison County, held in the Commissioners’ Room in the Gunnison County Courthouse, the County Seat, on the 19th of August, 2008, vouchers were approved and warrants ordered drawn on the accounts as follows:
01-General Fund    159,438.14
02-Road & Bridge    399,464.68
03-Social Services    19,312.72
10-Airport Operations    53,544.14
12-Sales Tax    11,300.27
25-Library    12,162.38
30-Mosquito District    12,076.50
34-Risk Management    9,905.00
41-Airport Construction    113,169.61
43-Capital Expenditures    150,744.39
50-Sewer Districts    35,435.23
51-Water District    9,851.80
52-Landfill    10,009.75
70-Housing Authority    4,880.93
72-Assisted Living    3,040.65
80-Internal Service-I    146,615.66
82-Internal Service-II    12,467.27
90-Internal Service-III    10,839.87
91-Local Marketing Dist    89,585.47
92-Transportation Dist    82,807.45
Total    $1,346,651.91
**-MULTIPLE FUNDS   
90-Refund Health Premium    28.09
01-Natl Rifle Assn-Dues    25.00
01-Dr Allan Wallis-Training    800.00
01-City of Centennial CCCMA-Meals    57.00
25-Wilkinson Library – Books    40.00
01-Wright Ranch-LUC Fee Refund    3,075.00
25-N Russell-Contract Temp Help    35.00
02-Benchmark Homebldrs-Refund    75.00
01-Co Bright Beginnings    6.25
**-Glenn Michel-Dup Pmt Refund    125.00
01-Thera Com-Pharm Supp    346.15
03-Comfort Inn-Prof Svcs    98.86
25-Fairfield Inn – Travel    220.00
03-Ramada Inn-Travel    324.00
01-Chg Fd Pub Health-Postage    21.81
10-Chg Fd Airport-Op Supp    27.45
**-Chg Fd Literacy-Programming    47.06
01-U S Postoffice-Postage    427.09
**-Western Lbr Supp-Bldg Mtce    953.75
**-City of Gunn-Utilities    11,880.05
82-Pitney Bowes-Op Supp    436.73
**-Paper Clip-Office Supplies    4,914.65
**-Xerox-Photocopies    617.68
**-Sweitzer Oil-Fuel    37,549.69
**-Qwest-Telephone    1,925.52
**-Co Dept of Pub Health-Lab Svcs    1,312.01
**-Gunn Vly Hosp-H S Expense    654.03
01-Safeway-Prisoner Meals    106.29
01-B&B Printers-Op Supp    69.00
**-TDS Telecom-Long Dist    269.40
**-Gunn Ctry Pub-Advertising    2,386.76
**-Gunn Cty Elect-Utilities    535.85
01-Town of CB – Books    10.00
**-Monty’s Auto – Parts    2,275.92
80-MHC Kenworth – Equip    3,166.19
80-Hartman Bros-Shop Supp    78.81
02-Quill – Office Supp    62.45
03-Gunn Cty Sheriff – Pr Svcs    16.80
01-West Pmt Ctr-Law Library    463.05
70-Gunn Cty Abstract-Pr Svcs    340.00
01-Cty Sheriffs of Co-Dues    100.00
**-Fullmer’s Hdwe-Bldg Imp    1,819.87
**-Gunn Vly Fam Phys-Prenatal    2,320.00
01-Day Timers-Reg 10 Grant Exp    20.57
**-Master Petroleum-Fuel    3,733.44
80-W Slope Connect-Inv Steel    188.80
01-Gunn Glass-Bldg Mtce    7.50
80-Holy Cross Energy-Utilities    30.81
80-Wagner Eq Co – parts    9,417.72
**-Delta Montrose Elect-Utilities    468.53
**-Gunn Fam Med Ctr-Pris Med    1,190.00
**-Standard Tire-Parts    443.25
80-D-A Lubricant Co – Oil    11,609.82
**-Alsco – Laundry    395.33
01-J Williams – Op Supp    31.90
**-Blue Mesa Lbr-Bldg Imp    901.56
01-Gunn Garage Door-Bldg Imp    85.80
**-Jerry Greene-Business Park    9,110.00
80-Henry’s Radio-Repairs    136.00
**-Sherwin-Williams-Bldg Mtce    417.50
80-Tomichi Tire-Tires    489.97
**-Gunn Country Shopper-Adv    891.73
01-West Slope Fire-Mtce Contracts    1,185.81
80-Newman Traffic Signs-Inv    35.11
01-Rhodes Upholstery-Eq & Furn    500.00
80-L Partch-Cell Phone    44.71
43-J Stone – Travel & Cell Phone    1,130.26
80-Faris Machinery – Parts    1,391.34
10-Gunn Metal Shop-Parts    103.24
01-Rky Mtn Hdwe-Landscaping    102.27
**-Co Dept of Local Affairs-Pr&Int    27,132.15
03-Hinsdale County – Admin    317.88
**-City of Gunn-Other-Sewage     12,316.74
80-Zep Mfg – Shop Supplies    205.76
01-Gunn Cty Ext-Eq & Furn    756.84
80-Interstate Batteries-Parts    64.95
02-R Harris – Cell Phone    45.00
10-W Cranor – Cell Phone    90.00
**-Fed Exp-Business Park    64.30
02-M Crosby – Cell Phone    45.00
80-Roaring Fork Vly Coop-Fuel    690.07
03-Human Services Expense    2,191.38
92-Alpine Express – Ground Trans    53,641.53
01-Maximus, Inc. – Prof Svcs    4,000.00
02-Rolland Eng-Engineering    2,010.00
**-Two Way Comm – Repairs    615.00
25-Outside-Magazines    16.00
25-Denver Post-Magazines    149.95
25-Time – Magazines    55.44
10-Holiday Inn-Lodging    636.65
01-PFC Products-Off Supplies    179.95
01-Co State Forest Svc-Contr Help    6,061.08
80-N Fork Svc – Parts    113.11
10-K Lucas – Cell Phone    45.00
01-Bookworm – Printing    17.25
02-GMCO Corp – Dust Retardant    157,318.00
80-Gunn Gravel&Earthmvg-Gravel    61,152.88
80-John Roberts Mtr Wks-Parts    528.53
25-Discover – Magazines    31.95
01-Gunn W Fed CU-Credit Union    11,130.06
10-Swire Coca Cola-Vending Mach    473.10
01-R Corbett-Cell Phone    35.00
10-O J Watson – Eq Mtce    243.08
10-D Fry – Cell Phone    35.00
01-D Moore – Travel    126.71
**-Respond Sys-Op Supp    96.80
**-United Parcel Svc – Postage    131.46
01-El Paso County-Autopsy    200.00
02-Michael Collins-Pr Svcs    947.50
01-Do Dept of Pub Safety-Pr Svcs    38.50
52-KRW Consulting-Prof Svcs    2,273.30
34-Archuleta Const-Ins Claim    7,700.00
01-C Dawson-Health Initi Imple    209.36
80-W Slope Radiator – Repairs    145.00
03-Alpine Inn – H S Expenses    50.51
01-Galls Inc – Op supplies    623.20
**-Rental Svc Corp-Rental Eq    870.99
01-WSC Copy Center-Off Supp    41.10
01-Lasting Impressions-Op Supp    19.99
43-Spallone Const-Construction    147,940.53
25-Ingram Lib Svcs-Books    2,883.80
30-Co Mosquito Control-Prof Svcs    12,076.50
01-Reinman Const-Rental Eq    1,325.00
01-Tyler Tech-Software    4,743.00
01-Delta County Ind-Advertising    50.29
01-City of Gunn Parks-Oth Contrib    1,000.00
**-United Co – Gravel & Sand    3,016.26
**-Gunn Construction-Rental Eq    738.00
02-G A Western-Construction    156,571.73
03-AT&T – Long Distance    921.15
80-Paonia Auto – Parts    25.86
03-Days Inn – H S Expenses    147.00
**-Gunn Security – Op Supp    487.37
**-APWA – West Slope – Training    810.00
01-Sysco Fd Svc – Prisoner Meals    4,510.33
**-Waste Mgt – Utilities    37.47
01-Buena Vista Correct-Op Supp    44.95
01-M Roper – Op Supp & Phone    117.27
01-Verizon Wireless-Cell Phone    49.21
01-Boss in Montrose-Eq Rental    37.70
01-Cons Electrical-Bldg Mtce    19.70
25-Marmot – Eq & Furn    238.80
80-Sign Guys – Sign Matls    180.00
10-Std Signs – Runway Mtce    7,473.82
01-Champion Chemical – Op Supp    289.60
02-Fred Pryor Seminars-Training    128.00
**-Amerigas – Utilities    4,529.00
01-Fam Support Registry-Garnish    215.00
**-IKON Office Sol-Rental Eq    2,484.96
03-Delta County Sheriff-Pr Svcs    15.00
80-Tire Dist Sys-Tires    156.25
02-S McCormick-Cell Phone    35.00
10-Superior Alarm- Bldg Mtce    152.50
10-J Devore – Cell Phone    90.00
02-J Fonken – Meals    81.50
01-Apex Software-Software Subsc    1,110.00
**-Grainger-Bldg Mtce    126.87
82-Dell Marketing-Equipment    2,139.44
70-Co NAHRO – Dues    60.00
**-Central Dist-Eq Mtce    635.42
01-Dove Graphics – Op Supp    325.00
10-Lohf, Shaiman-Prof Svcs    172.00
10-Ideal Mfg – Eq Mtce    147.90
12-Mesa Mechanical-Equipment    2,641.24
01-WSC Conf Svcs – Meetings    305.00
92-Charlier Assoc-A/R    13,615.50
51-UNCC-Subscriptions    57.62
02-Simple Threads-Safety Recog    128.00
90-Co State Treas-Unemp Benefits    4,956.00
25-C Primus – Travel    201.00
80-Lighthouse-Equipment    1,003.04
25-Audio Ed-CD’s    16.00
25-Recorded Books-CD’s    91.45
01-J Kelley-Nurse Fam Ptnrship    425.64
01-R Reed-PC Mtgs    625.00
**-Schmueser Gordon-Engineering    6,550.35
03-State Forms-Off Supp    161.77
80-Excel Mfg – Parts    768.39
01-Henry Schein-Bioterrorism     880.71
01-J Vreeke-Oth Rev    21.70
01-S Morrill – Cell Phone    150.00
01-CDW Govt-Equipment    272.31
01-Quartermaster-Op Supp    119.97
01-Hart Intercivic-Off Supp    13,916.13
01-Co Dept of Labor-Boiler Insp    250.00
03-Holiday Inn-Travel    486.00
50-J Dot Barry-Prof Svcs    143.28
01-C Worrall-Bioterrorism Grant    124.98
01-C Smith – Travel    170.74
01-Co Fitness-H C Mbrship    840.00
01-Sprint – Long Distance    35.31
01-Techno Ply – Op Supp    2,800.80
25-MacWorld-Magazines    34.97
01-Midwest Cancer Screen-Lab Svc    869.40
**-CB News-Advertising    1,656.60
02-A Moores-Cell Phone    45.00
**-Walmart-Op Supplies    816.59
10-S Spitzmiller-Cell Phone    35.00
34-Sullivan Green Seavy-Pr Svcs    2,205.00
80-Alpine Surveying-Pr Svcs    2,381.00
25-L Sego – Janitorial Svcs    300.00
01-Pfizer – Pharmacy Supplies    0.30
01-Central Rest Product-Op Supp    64.12
51-Evergreen Analytical – Lab Svc    248.00
**-David Neff Design-Bldg Mtce    904.12
03-Dynamics Research Corp-Pr Svc    2,160.00
82-WSC Computers-Sys Software    850.00
01-AFLAC-Supplemental Policies    1307.42
80-Bobcat of the Rockies-Parts    122.92
01-P Rice – Accts Rec    29.30
10-West Wastewtr Tech-Bldg Mtce    300.00
25-New York Times-CB Books    88.50
25-O,The Oprah Mag-Magazines    19.48
03-R Brown-Travel&Cell Phone    320.37
01-United Repro Supply-Plat Mach    109.95
01-Moore Wallace-Printing    726.86
01-Katie’s Cookery-PC Mtgs    250.75
25-Woman’s Day-Magazines    12.00
25-People en Espanol-Magazines    16.97
43-San Miguel Cty-W Reg Training    1,080.58
**-Atmos Energy-Utilities    1,600.29
70-CHFA – Interest Pmt    210.58
**-Kroger – Op Supp    373.46
41-Carter & Burgess-Accts Pay    113,098.00
01-K Stewart-HCBS Grant Exp    11.70
02-J Brekke-Cell Phone    45.00
01-GMPCS Pers Comm-Sat Phone    58.92
**-R McDermott-Programming    292.27
01-Emb Sportswear-Oth Rev    9.70
01-CB Weekly-Advertising    159.50
01-N Lypps-PC Mtgs    625.00
92-Airplanners – Contract Help    5,967.38
**-NGS American-Admin Fees    4,039.46
91-Gunn/CB Tourism-Contract Svcs    89,583.33
10-Pinyon Mesa Auto-Bldg Mtce    6,557.38
01-J Stevenson – Landscaping    509.35
01-A Falsetto – Travel    65.65
70-Pitchfork – HOA Dues    32.40
**-Wells Fargo Cr Cd-Meals&Lodg    21051.98
25-Body & Soul-Magazines    14.95
01-Crystal Vly Echo-Advertising    45.00
03-M Semlow-Travel & Cell Phone    122.49
01-Globalstar-Sat Phone    145.71
70-Gunn Vly Survey – Pr Svcs    500.00
03-B Greenwood-Travel    623.69
10-Golden Eagle-Trash Removal    209.25
03-Paternity Test Corp-Prof Svcs    144.00
80-Denver Ind Sales-Parts    3,060.65
80-Duraco Industries-Parts    271.50
01-Printrite-Printing    55.70
01-Pitkin Hist & Comm-Bldg Rent    25.00
25-Penworthy-CB Bks    228.21
10-A&B Mech Svcs-Eq Mtce    334.06
01-Backflow Consult-Eq Mtce    120.25
80-Triple Cross Towing-Parts    75.00
25-Blackstone Audiobks-CD’s    150.00
25-Southern Living-Magazines    21.97
80-Goodwin Septic-Bldg Mtce    2,400.00
**-Drug Testing-Prof Svcs    1,105.00
72-Wells Fargo Bank-Pr & Int    3,040.65
25-Co Lib Consort-Postage    638.75
70-Gunn Real Est-Homeless Prev    300.00
01-R&S Northeast-Pharmacy Supp    2,368.12
01-I Billick-PC Mtgs    250.00
01-Bank of the West-Off Supp    20.00
**-AT&T Mobility    621.86
01-Alpine Orthopaedics-Pr Svc    42.00
82-Tuck Comm-Eq Mtce    142.50
01-Montrose Cty-Health Init Imp    2,431.16
92-CB South Prop Own-Eq & Furn    1,135.50
**-Qwest Bus Svcs-Long Dist    417.72
02-High Mtn Trucking-Eq Rent    4,095.00
02-Semmaterials-Asphalt & Rd Oil    70,845.21
70-Arthur Gallagher-Pr Svcs    1,300.00
01-Gunn Vly Floorcover-Bldg Imp    202.82
25-Audiofile-CD’s    20.00
01-Cochran Fish&Wildlife-Pr Svcs    6,550.00
01-Nelco-Off Supp    218.58
**-Laudick Auto – Eq & Furn    542.26
92-Truex Mgt Svcs-Prof Svcs    5,000.00
01-Bonded Bus Svcs-Garnishees    951.36
01-M Wacker-Prev Grant 2    124.12
01-Emp Sec Dept – Garnishees    170.00
03-Take Away-Gen Assist    15.00
82-Lenovo-Equipment    2,660.44
51-City of GJ – Lab Svcs    62.15
01-R Karas-PC Mtgs    500.00
01-Co State Univ-Health init Imp    2,845.45
03-M Cheever – Cell Phone    90.00
01-Sage Resources-Pr Svcs    5,928.79
80-Boom-a-Rang – Shop Supplies    77.00
01-Bank of America – Garnishees    1,302.60
82-Guaranteed Recycling-Disp Fees    759.05
01-K Garren-Implementation    200.00
01-Hinsdale Cty Pub Health-Pr Svcs    56.88
01-Co Legal Svcs-Co Tr Immig Grant    418.00
01-T&A Ent – Janitorial Svcs    4,100.00
01-Alpine Cleaning – Janitorial Svcs    4,900.00
01-Montrose Mem Hosp-Autopsies    500.00
80-Fastenal Ind – Parts    266.93
10-Time Warner – Utilities    69.95
01-D Owen – PC Mtgs    125.00
80-Budget Line – Trash Removal    3.00
01-J Messner – PC Mtgs    125.00
01-M Birnie – Cell Phone    70.00
**-W Slope Maint – Janitorial Svcs    634.00
03-J Mason – Cell Phone    137.47
25-Glamour-Magazines    12.00
70-Timothy Albers-Pr Svcs    195.00
25-Ode – Magazines    19.95
01-K Bemis – WIC Program    92.51
01-Kirsten Daily – Landscaping    735.00
01-S Lumb-PC Mtgs    250.00
03-Deborah Harris-Prof Svcs    136.80
03-L Oltmann – Travel    265.70
03-Atmos – Energy Assistance    48.17
01-G Howard-Healthy Aging Grant    80.74
**-Stampede Pest&Weed-Pr Svcs    2,428.87
01-Roshambo – Implementation    45.00
01-Accurint-Software    60.00
01-Omni Institute-Dues & Mtgs    75.00
03-A Harris-Travel & Cell Phone    841.70
01-Intermtn Pathologists-Autopsy    3,475.00
82-M Lee-Travel    454.85
90-Lincoln Natl – Life Ins Prem    1,745.75
01-Security Transport-Pr Svcs    656.56
01-Main St Clinic-Light Program    100.00
80-Gunn Auto Glass-Parts    317.63
**-Gunn Shipping – Postage    182.35
01-M Mugglestone – Prof Svcs    1,965.90
10-Premier Tech-Bldg Imp    1,676.40
90-ACE-USA – Life Ins Premiums    244.30
25-Barker Rinker-Prof Svcs    4,776.96
01-R R Donnelley – Postage    195.81
10-C Cadwell – Cell Phone    35.00
01-Facility Solutions Grp-Op Supp    $521.64
10-K Gant – Cell Phone    35.00
80-Fluid Tech-Parts    7,793.70
10-R Willis – Cell Phone    35.00
01-Staples Bus Adv – Off Supp    496.42
25-J Hillebrandt-CB Bks    35.49
01-Greenhouse Landscape-Tm Bldg    420.00
01-Concept Design-Op Supp    337.50
01-Bob Huckins Const-Permit Ref    420.00
80-Grand Junction Peterbilt – Parts    589.62
52-Toxco – Haz Waste Collect    266.00
01-M Anderson-Nurt Parent Exp    310.58
70-S Jessoe-Homeless Prevention    1,000.00
03-Vail Marriott-Travel    2,023.00
01-R Scott Jackson-Off Supp    21.92
10-John Bean Tech-Equipment    22,880.00
01-Adams Vacuums-Eq Mtce    93.40
Total    $1,346,651.91
The above and foregoing is a condensed statement of the Commissioners’ Proceedings at the regular meeting held in the Commissioners’ Room in the County Courthouse in Gunnison, Colorado on the 19th of August, 2008. A. D.
Published in the Crested Butte News. Issue of September 19, 2008. #091901

—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 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. 08CW92 (REL NO. 08CW25, 01CW179) Applicant: Ed Lehrburger/Gunnison Heights Homeowner’s Association, 1635 Hudson Street, Denver, CO 80220.  Application for Change of Water Right:  Gunnison Heights Well No 1 – From Previous decree:  01CW179, Division 4 District Court.  Decreed point of diversion:  Q10 N.W., Q40 N.W. Q160 N.E. Section 3, T49N, R1W, NMPM.  2234 feet from the East section line and 231 feet from the North section line.  Source:  Gunnison River Alluvium.  Appropriation Date:  04/17/1984.  Amount:  72.4 acre-feet annually (.1 c.f.s.).  Historic Use:  Domestic use for existing homes within the subdivision attached to the application on file with the Water Court is a map showing exact location of Gunnison Heights Well No.1 along with exact location of point of diversion.  Proposed Change:  An accurate location of the point of diversion has never been filed with the Water Court.  This application is to change the location to its exact location.  Previous filings did not have the exact location.  Original well permits were filed in 1982, before G.P.S.  Change in point of diversion:  NW1/4NE1/4 of Section 3, T49N, R1W, NMPM.  231 feet from the north section line and 2234 feet from the east section line.  Source:  Gunnison River.  Appropriation Date:  04/17/1984.  Amount Claimed: .1 cfs for domestic use.  GUNNISON COUNTY.
YOU ARE FURTHER NOTIFIED THAT you have until the last day of October 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:  $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 19, 2008. #091915

Town gives money to advertise wedding garden

The Mountain Garden in Mt. Crested Butte did not receive as much use this year as in previous summers, so the town has agreed to contribute funds to help advertise the garden for wedding ceremonies. The Mountain Garden, or Wedding Garden as it is sometimes called, is directly behind Town Hall adjacent to Ted Scheske Park in Mt. Crested Butte. The garden was created in 2003 as part of the Crested Butte Wildflower Festival, and ever since has been frequently used for wedding receptions and other private parties.

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–AGENDA–
Monday August 18, 2008
Town of Crested Butte
Regular Town Council Meeting
Council Chambers ● Crested Butte Town Hall

6:00        WORK SESSION
        A) Presentation Regarding Proposed RE1J School District Ballot Issue
7:00    Regular Council Meeting Called to Order by Mayor or Mayor Pro tem
    1) APPROVAL OF AGENDA  
     2) CONSENT AGENDA The listing under consent agenda is a group of items to be acted on with a single motion. The consent agenda is designed to expedite Council business. The Mayor will ask if any citizen or council member wishes to have any specific item discussed.  You may request that an item be removed from the Consent Agenda at that time, prior to Council’s vote.  Items removed from the Consent Agenda will be considered under New Business.
    A) Approval of Minutes of August 8, 2008 Regular Council Meeting
7:05    3) PUBLIC COMMENTS  Citizens may make comments on items not scheduled on the agenda. Those commenting should state their name and physical address for the record and limit comments to five minutes.
7:10    4) STAFF REPORTS
7:20    5) PUBLIC HEARINGS   
A) Consideration of Application for a Tavern Liquor License by Whiterock LLC D/b/a the inn at Crested Butte Located at 510 Whiterock Avenue (public hearing continued from 8/5/08).
B) Ordinance No. 8, Series 2008 – An Ordinance Amending the Town’s Zoning and Land
Use Ordinance to Revise the Provisions of the Town Code Relative to Timesharing and Timeshare Development Projects (public hearing continued from 7/21/08).
C)  Ordinance No.13, Series 2008 An Ordinance Amending Certain Provisions of the Town Code Relative to the Erection of Freestanding Signs on Public Property and on Sidewalks  to Permit the Temporary Placement of Real Estate Open House Signs on Said Properties where Certain Requirements are Met (public hearing).
7:35    6) NEW BUSINESS
A) Discussion Regarding Payment in Lieu of Parking Fee.
B) Ordinance No. 14, Series 2008 – An Ordinance Amending Article 14-5 of the Town Code, the Town’s Watershed Protection District Ordinance, to Include an Exemption from the Applicability of such Ordinance for Activities of the United States Forest Service.
C) Ordinance No. 15, Series 2008 – An Ordinance Repealing Article 5-8 of the Town Code Relative to News Racks Licensing and Permits.
D) Ordinance No. 16, Series 2008 – An Ordinance Amending the Town Code Relative to Fines Imposed for Underage Consumption of Alcohol so that such Fines Comport with the Fines Established for Such Offense under Colorado State Statute.
E) Ordinance No. 17, Series 2008 – An Ordinance Amending the Town Code Provisions Relative to the Regulation of Noise in Order to Renumber said Provisions.
8:30     8) LEGAL MATTERS/TOWN ATTORNEY
8:35    9) COUNCIL REPORTS AND COMMITTEE UPDATES
8:35    10) EXECUTIVE SESSION
For a Conference with the Town Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions Under C.R.S. Section 24-6-402 (4) (e).
8:50    11) OTHER BUSINESS TO COME BEFORE THE COUNCIL
8:55    12) DISCUSSION OF SCHEDULING FUTURE WORK SESSION ITEMS
    13) COUNCIL MEETING SCHEDULING
•    Monday, August 18, 2008-8 a.m. Coffee with the Council- Izzy’s.
•    Monday, August 18, 2008-6 p.m. Work Session & 7 p.m. Regular Council Meeting.
•    Monday, August 25, 2008-6 p.m. Work Session on Proposed Foothills Annexation. 
•    Tuesday, September 2, 2008-8 a.m. Coffee with the Council- Location TBD
•    Tuesday, September 2, 2008- 6 p.m. Work Session & 7 p.m. Regular Council Meeting.
•    Monday, September 15, 2008-6 p.m. Work Session on Proposed Foothills Annexation. 
•    Monday, September 22, 2008- 6 p.m. Work Session & 7 p.m. Regular Council Meeting.
 8:55    ADJOURNMENT
(The above times are only tentative. Meeting may move more quickly or slowly than scheduled)
–    Please Remember to Turn Off Your Cell Phone during the Council Meeting-
If you need special assistance to attend any of the Town’s public meetings, please notify the Town Clerk at 349-5338 at least 48 hours in advance.
www.TownofCrestedButte.com
Published in the Crested Butte News. Issue of August 15, 2008. #081515

—LEGAL NOTICE—
APPLICATION FOR A SPECIAL EVENTS LIQUOR LICENSE
MT. CRESTED BUTTE, COLORADO
Pursuant to the laws of the State of Colorado and the ordinances of the Town of Mt. Crested Butte, Colorado, Fall Festival of Beers, represented by the Crested Butte/Mt Crested Butte Chamber of Commerce, on July 24, 2008, applied for a Special Events Liquor License.  If granted, said license is to be exercised on September 6th, 2008, Crested Butte Mountain Resort base area, Mt. Crested Butte, Colorado.
The Town Council of the Town of Mt. Crested Butte, Colorado, will hold a public hearing on the above request on Tuesday, August 19th at 6:00 p.m. in the Council Chambers, Municipal Building, 911 Gothic RD, Mt. Crested Butte, Colorado, at which time and place any interested person may be present and heard. 
Any petitions or remonstrances pertaining to the grant of said license may be filed at the office of the Town Clerk, PO Box 5800 (911 Gothic RD), Mt. Crested Butte CO 81225.
Dated this 12th  day of August, 2008.
/s/ Donna Arwood, Town Clerk
Published in the Crested Butte News. Issue of August 15, 2008. #081518

–PUBLIC NOTICE–
Crested Butte South Metropolitan District
The regular meeting of the Board of Directors of the Crested Butte South Metropolitan District scheduled for
 Wednesday, August 20, 2008, at 6:00 P.M. has been changed to Wednesday, August 27, 2008 at 6:00 P.M.
280 Cement Creek Road.
For further information please call
349-5480.
Jack Dietrich
District Manager
Published in the Crested Butte News. Issue of August 15, 2008. #081516

–NOTICE OF PUBLIC HEARING–
CRESTED BUTTE BOARD OF ZONING
AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
 (512 Journey’s End Rd:)

PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on August 26, 2008, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of Jim Lehr to change a previously approved plan and change the door and siding materials on the single-family residence and accessory dwelling to be located at 512 Journey’s End Rd., site 6, The Heights subdivision in the RIB zone.
Additional requirements are:    -Architectural approval is required.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News Issue of August 15, 2008. #081522
 

–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 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. 2008CW81 (REF NO. 96CW311). U.S. Energy Corp., 877 N. 8th West, Riverton, WY 82501, (307) 856-9271.  Copies of all pleadings to:  Steven E. Marlin and Zach C. Miller, Davis Graham & Stubbs LLP, 1550 Seventeenth Street, Suite 500, Denver, Colorado  80202.  Application for Finding of Reasonable Diligence Concerning Conditional Water Rights. 2. Names and Types of Structures: A. Slate River Intake; B. Carbon Creek Intake; C. Carbon Creek Reservoir; D. Mill Water Reservoir; E. Elk Creek Reservoir. 3. Description of Conditional Water Rights: A. Slate River Intake. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court: District Court, Water Division No. 4. (2) Legal Description of Structure: The Slate River Intake will divert at a point on the south bank of the Slate River from which the West quarter corner of Section 20, Township 13 South, Range 86 West of the 6th P.M., bears South 88° 54’ 52” West,  distance of 2,666.55 feet, in Gunnison County. (3) Source of Water: Slate River, a tributary of the East River. (4) Appropriation Date:  November 11, 1996. Amount: 30 cfs, Conditional. (5) Use of Water: Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the  transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. B. Carbon Creek Intake. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court:  District Court, Water Division No. 4. (2) Legal Description of Structure: The Carbon Creek Intake will divert at a point on Carbon Creek from which the Southwest corner of Section 28, Township 14 South, Range 86 West of the 6th P.M., bears South 51° 56’ 38” West, a distances of 3,617.89 feet, in Gunnison County, Colorado. (3) Source of Water: Carbon Creek, a tributary of Ohio River. (4) Appropriation Date: November 11, 1996. Amount: 10 cfs, Conditional. (5) Use of Water: Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. C. Carbon Creek Reservoir. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court: District Court, Water Division No. 4. (2) Legal Description of Structure: Carbon Creek Reservoir will be an on-stream reservoir location on Carbon Creek. The location of the dam will be a point on the south abutment of the dam axis from which the Southwest corner of Section 28, Township 14 South, Range 86 West of the 6th P.M., bears South 54° West,  a distance of 3,300 feet, in Gunnison County, Colorado. Total capacity of Carbon Creek Reservoir will be 1,000 acre-feet. The dam will approximately 115 feet high. The anticipated length of the dam will be 990 feet. (3)  Source of Water: Carbon Creek, a tributary of the Ohio River; and the Slate River, a tributary of the East River. (4) Appropriation Date: November 11, 1996. Amount: 1,000 acre-feet, Conditional. (5) Use of Water: Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. D. Mill Water Reservoir. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court: District Court, Water Division No. 4. (2) Legal Description of Structure: Mill Water Reservoir will be an on-stream reservoir located on an unnamed tributary of Ohio Creek. The location of the dam will be a point on the south abutment of the dam axis from which the Southwest corner of Section 19, Township 14 South, Range 86 West of the 6th P.M., bears South 81° East, a distance of 3,856 feet, in Gunnison County, Colorado. The total capacity of Mill Water Reservoir will be 1,000 acre-feet. The dam will be approximately 185 feet high.  The anticipated length of the dam will be 710 feet. (3)  Source of Water: An unnamed tributary of Ohio Creek, and the Slate River, a tributary of the East River. (4) Appropriation Date: November 11, 1996. Amount:  1,000 acre-feet, Conditional. (5) Use of Water:  Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. E. Elk Creek Reservoir. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court: District Court, Water Division No. 4. (2) Legal Description of Structure: Elk Creek Reservoir will be an on-stream reservoir located on Elk Creek.  The location of the dam will be a point on the north abutment of the dam axis from which the Southwest corner of Section 6, Township 14 South, Range 86 West of the 6th P.M., bears South 77° East, a distance of 2,720 feet, in Gunnison County, Colorado. The total capacity of Elk Creek Reservoir will be 1,600 acre-feet; provided, however, that the volume of water diverted into storage in Elk Creek Reservoir from the natural flow of Elk Creek shall be limited to a maximum of 1,000 acre-feet. The dam will be approximately 220 feet high. The anticipated length of the dam will be 960 feet. (3) Source of Water: Elk Creek, a tributary of Coal Creek; Carbon Creek, a tributary of Ohio Creek; and the Slate River, a tributary of the East River. (4) Appropriation Date: November 11, 1996. Amount: 1,000 acre-feet, Conditional.  Alternate Point of Storage: Elk Creek Reservoir is an alternate place of storage for 600 acre-feet of the Mill Water Storage Right; provided, however, that the source of any Mill Water Reservoir water stored in Elk Creek Reservoir shall be limited to diversions from the Slate River Intake.  (5) Use of Water:  Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. The decreed conditional water rights described above are part of a common and integrated water system comprising of all the direct flow and storage rights decreed and to be used for development and operation of the Lucky Jack Mine.  Water diverted at the Slate River and Carbon Creek Intakes will be directly applied to mine and mill development and operations and/or delivered to the three reservoirs via water delivery pipelines.  Reasonable diligence in the development of one component of the system comprises reasonable diligence in the development of all components. 4. Outline of Work Performed and Actions Taken Toward Completion of the Appropriation and Application of the Water to a Beneficial Use as Conditionally Decreed. A. Description of the Lucky Jack Mine Project.  U.S. Energy Corp. (“U.S. Energy” or “Applicant”), a Wyoming corporation, owns the Lucky Jack Mine, formerly known as the Mount Emmons Mine, and before that known as the Keystone Mine (the “Mine”).  The Mine is located approximately three miles north and west of the Town of Crested Butte on Kebler Pass Road, in Gunnison County, Colorado.  The property contains one of the largest, undeveloped molybdenum ore bodies known in the world.  Molybdenum is used as a steel strengthener, as well as in a variety of other items such lubricants, catalysts, and flame retardants.  As molybdenum reserves at currently developed sites are depleted, development of the Lucky Jack Mine is critical to meet the increasing market demand for molybdenum.  Development of the Mine is a lengthy and complex process that involves annual maintenance of unpatented claims; preparation of environmental studies and impact statements; development, preparation and agency approval of a plan of operations; filing of applications for several permits; obtaining various other authorizations and approvals from federal, state and local agencies; and design and construction of facilities related to the Mine and water rights.  Water is a crucial resource for the molybdenum mining and milling process, and appropriation of these conditional water rights was an initial step in the overall development of the project.  At the Mine, water is necessary for all industrial purposes associated with mining and milling molybdenum at the Mine, including but not limited to, dust suppression; operation of drills; mining, grinding, and processing of ore; transportation of tailings; evaporation replacement; backfilling of the mine to prevent subsidence; cooling; and fire suppression.  In addition, water is necessary for domestic use and lawn and park irrigation at mine and mill facilities.  The decreed conditional water rights that are the subject of this Application for Finding of Reasonable Diligence for Conditional Water Rights (“Application”) consist of a comprehensive system of water diversion and storage facilities that will be used for development and operation of the mine and related facilities. B. Procedural and Transactional History of Conditional Water Rights. On December 31, 1996, the former owner of the Mine, Mt. Emmons Mining Company (“MEMCO”), a wholly-owned subsidiary of Cyprus Climax Metals Company and later of Phelps Dodge Corporation, filed an Application for Conditional Water Rights in Case No. 96CW311 in Water Division No. 4, and filed amended Applications on February 2, 1998 and September 30, 1998.  MEMCO’s Application, as amended, claimed direct flow water rights from the Slate River and Carbon Creek for use in the  molybdenum mine and mill as well as for storage.  MEMCO’s Application also claimed 1,000 acre-foot storage rights each in Carbon Creek Reservoir, Mill Water Reservoir, and Elk Creek Reservoir. Following a trial before the Water Court for Water Division No. 4, and the Colorado Supreme Court’s decision in Mount Emmons Mining Co. v. Town of Crested Butte, 40 P.3d 1255 (Colo. 2002), the Water Court for Water Division No. 4 entered a Findings of Fact, Conclusions of Law, Judgment and Decree (“Final Decree”) on July 25, 2002, awarding the conditional direct flow and storage rights claimed in MEMCO’s Application. These decreed conditional water rights, set forth in Section 3 above, are the subject of this Application filed by U.S. Energy. The Final Decree contained “reality check” provisions that require that: (1) unless the Applicant can prove by a preponderance of evidence that there is a compelling justification otherwise, the conditional water rights decreed shall be cancelled twenty-five (25) years from the date of entry of the decree if Applicant has not perfected a portion of those water rights by applying water to beneficial use in accordance with the decree; and (2) the plan of operations for the Mine and applications for all necessary special use permits and rights of way for the water facilities associated with the conditional water rights must be filed with the U.S. Forest Service and U.S. Bureau of Land Management (“BLM”) within six years of entry of the Final Decree (i.e., by July 25, 2008) or within six years after final determination of the pending patent applications (First-Half Mineral Entry Final Certificate Serial Number CMC-54557), whichever is later. Final determination of the pending patent applications occurred on April 30, 2007, when the United States Supreme Court denied certiorari to legal challenges brought against the BLM’s issuance of the mineral patents.  High Country Citizens Alliance v. Clarke, 127 S. Ct. 2134 (2007). Therefore, to satisfy these reality check terms and conditions, some portion of the conditional water rights must be applied to a beneficial use by July 25, 2027, and the plan of operations and applications for special use permits and rights of way must be filed by April 30, 2013. Following extensive litigation between Phelps Dodge and U.S. Energy concerning the Mine and related properties, which hindered development of the Mine and the conditional water rights, MEMCO conveyed to U.S. Energy and Crested Corp. on February 28, 2006, all its rights, title and interests in the Mine and in the conditional water rights decreed in Case No. 96CW311. U.S. Energy and Crested Corp. entered into an Exploration, Development and Mine Operating Agreement (“Operating Agreement”) with Kobex Resources Ltd. (“Kobex”) on April 3, 2007 for exploration, development and operation of the Mine.  U.S. Energy merged with Crested Corp. on November 27, 2007.  Kobex terminated the Operating Agreement on March 31, 2008, and U.S. Energy is diligently pursuing a new partner for continued exploration and development, and operation of the Mine. C. Work Performed and Actions Taken Toward Completion of Appropriation.  The following work has been performed and actions taken during the diligence period toward completion of appropriation of the decreed conditional water rights: (1) Retained and paid consultants to collect and review hydrology data; develop daily stream flow records, water balance models and low-flow frequency analyses; and conduct technical assessments of Carbon Creek, Coal Creek, Elk Creek and Slate River, including seasonal variability, drought and flow conditions, instream flows, and diversions by other water rights holders. (2) Retained and paid consultants to evaluate the design, construction and operation of the water diversion, transportation and storage facilities, including technical assessment of the reservoir sites, conceptual design studies, identification of geotechnical investigation elements, examination of capital costs, and related matters. (3) Retained and paid consultants to perform environmental studies related to the water transportation and storage facilities. (4) Retained and paid consultants to develop a monitoring plan for determining baseline hydrologic conditions, including water quality and water flows in surface water, groundwater, springs and wetlands in the vicinity of the Lucky Jack Project. (5) Retained and paid consultant to prepare an application for a Clean Water Act § 404 permit from the U.S. Army Corps of Engineers to construct gauging stations on Carbon Creek and Elk Creek. (6) Initiated consultation with the Colorado Water Conservation Board (“CWCB”) and are engaged in ongoing discussions with CWCB staff to identify issues concerning Instream Flow Rights held by CWCB on Coal Creek and to discuss mitigation requirements under the Final Decree and the process and procedures for development, preparation, and approval of a Request for Inundation concerning the Carbon Creek Reservoir. (7) Paid for legal and consulting services necessary to protect the decreed conditional water rights from water rights applications filed in several Water Division 4 matters, including but not limited to Case No. 02CW63, Case No. 99CW267, Case No. 01CW05, and Case Nos. 03CW33, 03CW34, 03CW35, 03CW36 and 03CW37. (8) Paid for legal and consulting services necessary to obtain and defend the mineral patents issued by BLM on April 2, 2004 (First-Half Mineral Entry Final Certificate Serial Number CMC-54557) from legal challenges brought by multiple parties in the federal District Court for the District of Colorado, the Tenth Circuit Court of Appeals, and the United States Supreme Court, which denied certiorari on April 30, 2007 to effectively end all such legal challenges to BLM’s decision to issue the mineral patents, granting fee title to the Mine. (9) Filed annual assessments on unpatented mine and millsite claims held by U.S. Energy with BLM. (10) Paid for legal and consulting services necessary to file an application for renewal of the Discharge Permit (CDPS Permit No. CO-0035394) for the Lucky Jack Industrial Wastewater Treatment Plant (“WWTP”) in 2005.  Such services included meetings with Colorado Water Quality Control Division (“WCQD”) Permitting Section staff, reviewing and providing comments on draft versions of the permit, and performing sampling and analysis of effluent discharges and ambient water quality. (11) Retained and paid consultants to conduct work and activities necessary for development and operation of the Mine, including performing property surveys and geological and geotechnical studies; conducting underground rehabilitation, exploration and water flow management activities; operating the Lucky Jack WWTP; evaluating federal, state and local permit requirements; examining wildlife and other environmental issues; and developing a plan of operations. (12) Retained and paid consultants to evaluate the design, construction and  operation of the tailings storage facility, including technical assessment of tailings storage and mill sites, conceptual design studies, identification of geotechnical investigation elements, and examination of capital costs. (13) Submitted an application for a Baseline Study for a plan of operations and initiated consultation with the U.S. Forest Service to enter a Memorandum of Understanding governing preparation of an environmental analysis for the Baseline Study. (14) Made substantial expenditures on work and activities related to development of the conditional water rights, and on designing, engineering, surveying, testing and permitting activities related to the Mine and associated facilities. The foregoing and related activities demonstrate reasonable diligence in the development of the subject conditional water rights in compliance with § 37-92-301, C.R.S. (2007).  5.  Names and Addresses of Owners or Reputed Owners of Land Upon Which New Diversion and Storage Structures Will Be Constructed or Upon Which Water Will Be Stored.  The water diversion structures, reservoirs and related transportation structures and facilities will be constructed on land owned by U.S. Energy Corp., as well as on land owned by the following entities: A. United States Forest Service, Gunnison National Forest Office, 2250 Highway 50, Delta, CO 81416, B. United States Bureau of Land Management, Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215. WHEREFORE, U.S. Energy requests that the Court enter a finding that U.S. Energy’s conditional water rights, as described more fully above, shall continue in full force and effect due to U.S. Energy’s demonstration of reasonable diligence in pursuing the perfection of such rights.  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 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:  $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 15, 2008. #081510

—NOTICE OF JOINT PUBLIC HEARING—
CONCERNING A LAND USE CHANGE PERMIT APPLICATION
FOR AMENDMENTS TO THE DECLARATION OF PROTECTIVE COVENANTS OF RIVERLAND INDUSTRIAL PARK 
RIVERLAND INDUSTRIAL PARK FILINGS NO. 1 AND NO. 2

HEARING DATE, TIME AND LOCATION:  The Gunnison County Board of County Commissioners and Planning Commission will conduct a joint public hearing FRIDAY, SEPTEMBER 19TH, 2008 at 2:00 p.m. in the Town Council Chambers, Crested Butte Town Hall, 507 Maroon Avenue, Crested Butte, CO, to hear public comment concerning a land use change application.  The applicant is the Riverland Property Owners Association.
PARCEL LOCATION:  Riverland Industrial Park, Filing No. 1 and No. 2, south of the Town of Crested Butte.
PROPOSAL:  The request is for amendments to the Declaration of Protective Covenants of Riverland Industrial Park Filings No. 1 and No. 2, concerning outside storage restrictions and penalty provisions
PUBLIC PARTICIPATION:  The public is invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO  81230), so long as they are received by 5 p.m. the afternoon before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the application is available for inspection in the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO.  Additional information may be obtained by calling the Planning Department (970) 641-0360.
ADA ACCOMMODATIONS: Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the hearing.
/s/ Neal Starkebaum, Assistant Director of Planning
Published in the Crested Butte News. Issue of August 15, 2008. #081504

–LEGAL–
Town of crested butte
PLEASE TAKE NOTICE, that a public hearing will be held on the 18th day of August, 2008 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Ordinance No. 13, Series 2008:
Ordinance No. 13, Series 2008 – An Ordinance Changing the Sign Code Regarding Display of Off-Site Open House Real Estate Signs. 
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 August 15, 2008. #081506

–NOTICE OF A JOINT PUBLIC HEARING–
CONCERNING A LAND USE CHANGE APPLICATION FOR TIMOTHY MICHALEK FOR THE SUBDIVISION OF A 3.18 ACRE PARCEL INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS
HEARING DATE, TIME AND LOCATION:  The Gunnison County Board of Commissioners and the Planning Commission on September 19, 2008 at 3:00 p.m. in the Crested Butte Town Hall, Town Council Chambers, 507 Maroon Avenue, to hear public comment concerning a land use change permit application for the subdivision of a 3.18-acre parcel into two single-family residential lots. 
APPLICANT:  The applicant is Timothy Michalek.
PARCEL LOCATION: The parcel on which the land use change is proposed is located approximately eight miles north of the City of Gunnison.  The parcel is legally described as 3.18 acres in the Northeast quarter of the Southeast quarter, Section 33, Township 51 North, Range 1 East, N.M.P.M.  The parcel is located at 8218 Highway 135.
PROPOSAL:  The applicant proposes to subdivide a 3.18-acre parcel into two single-family residential lots.  The lots are proposed to be served by individual wells and individual sewage disposal systems.  There is an existing residence on the parcel which is proposed to be located on one of the individual subdivision lots, if approved. 
PUBLIC PARTICIPATION: The public is invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO  81230), so long as they are received by 5 p.m. the afternoon before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the application is available in the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO; additional information may be obtained by calling the Planning Department (970) 641-0360.
ADA ACCOMMODATIONS:  Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the hearing.
/s/ Cathie Pagano, Planner
Published in the Crested Butte News. Issue of August 15, 2008. #081505

—NOTICE OF PUBLIC HEARING—
CRESTED BUTTE BOARD OF ZONING
AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
(Rainbow Park)

PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on August 26, 2008, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of the Town of Crested Butte to construct a Pavilion to be located at Rainbow Park.
Additional requirements are:    -Architectural approval is required.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News Issue of August 15 and 22, 2008. #081520

–AGENDA–
Monday, August 18,2008 ~ 9:00 a.m.
Mountain Express Transportation Committee
Mt. Crested Butte Town Hall
A)    Roll Call.
B)    Reading and Approval of the Minutes of July 14, 2008.
C)    Transit Manager’s Operational and Financial Report.
D)    Unfinished Business.
    1)    Update on Financial Task Force.
    2)    Update on New Facility.
    3)    Update on Lease.
E)    New Business.
4)    Discussion of Possible Bank Loan.
5)    Preliminary Discussion on 2009 Budget
G)    Unscheduled Business.
H)    Adjournment.
Published in the Crested Butte News. Issue of August 15, 2008. #081513

-Request For Proposal to Bid-
Painting Town owned Buildings
The Town of Crested Butte is requesting bids to paint several Town owned buildings including the Old Town Hall located at 132 Elk Ave, The Old Rock Library located at 507 Maroon, The Depot building located at 716 Elk Ave. and the employee housing duplex located at 812 Teocalli Ave. For specific information contact Scott LeFevre at 349-5338 or scott@crestedbutte-co.gov. Bid proposals may be sent to the Town of Crested Butte, Attention: Scott LeFevre, Box 39 Crested Butte, CO 81224.
Published in the Crested Butte News. Issue of August 15, 2008. #081512

–Agenda–
Work Session
August 25, 20086:00 p.m.
Crested Butte Planning Commission
Council Chambers • Crested Butte Town Hall
6:00- 7:00    Presentation by the Applicants for the Proposed Foothills at Crested Butte Annexation Presenting Three Variations.
7:00 – 7:15    Staff Summary Review of the Three Variations
7:15 – 7:45    Public Comment
7:45 – 8:30    Planning Commission Discussion Regarding Developing a List of Topics for Future Work Sessions Regarding the Proposed Foothills at Crested Butte. Annexation-Discussion Will Be Facilitated by Town Manager Susan Parker.
Published in the Crested Butte News. Issue of August 15, 2008. #081514

NOTICE OF PUBLIC HEARING
CRESTED BUTTE BOARD OF ZONING
AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
(719 Elk Ave.)

PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on August 26, 2008, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of Glenn Burnham to construct an accessory dwelling to be located at 719 Elk Ave., Block 60, Lots 25-26 in the R2 zone.
Additional requirements are:    -Architectural approval is required.
    -A Conditional Use for an accessory dwelling in the R2 zone is required.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News Issue of August 15 and 22, 2008. #081521

REGULAR TOWN COUNCIL MEETING
AUGUST 19, 2008 ~ 6:00 PM
COUNCIL CHAMBERs
MT CRESTED BUTTE, COLORADO
6:00 PM – Public Hearing- On A Special Events Liquor License Application For Fall Festival Of Chili And Beer – Saturday, September 6, 2008 – Base Area CBMR – Submitted By Crested Butte/Mt Crested Butte Chamber Of Commerce
Call To Order
Roll Call
Approval Of The August 5, 2008 Regular Meeting Minutes
Reports
Correspondence
UNFINISHED BUSINESS
Discussion And Possible Consideration – Ordinance No. 2 , Series 2008 – An Ordinance Of The Town Council Of The Town Of Mt Crested Butte, Colorado, Amending Chapter 14, Nuisances, Of The Code Of The Town Of Mt Crested Butte, Colorado, By The Addition Of Article II, Sections 14-11 Through 14-39, Entitled “Undesirable Plant Management And Enforcement.” – Second Reading
Discussion And Possible Consideration – Revisions To Five Year Plan
Update On Planning Process For Recreation Path Extension – Elk Mountains Planning Group, Inc.
Discussion And Possible Consideration – Content For Crested Butte Master Vision Web Site
NEW BUSINESS
Discussion And Possible Consideration – On A Special Events Liquor License Application For Fall Festival Of Chili And Beer – Saturday, September 6, 2008 – Base Area CBMR – Submitted By Crested Butte/Mt Crested Butte Chamber Of Commerce
Discussion And Possible Consideration – Resolution No. 4, Series 2008 – A Resolution Submitting To The Registered Electors Of The Town At A Special Election Held On November 4, 2008 Ballot Issues And Titles Concerning Increases In Town Taxes And Debt And Other Matters, And Authorizing Other Actions Regarding The Conduct Of Such Election
Discussion And Possible Consideration – Resolution No. 5, Series 2008 – A Resolution Of The Town Council Of The Town Of Mt Crested Butte, Colorado, Providing Approval For The Spin-Off Of Time Warner Cable, Inc.
Discussion And Possible Consideration – Request For Usage Of Admissions Tax Marketing Funds For Marketing Program For The Mountain Garden – Lee Renfrow
OTHER BUSINESS
ADJOURN
If you require any special accommodations in order to attend this meeting, please call the Town Hall at 349-6632 at least 48 hours in advance.  Public comment on these agenda items is encouraged.
This preliminary agenda is placed in the newspaper to notify the public of tentative agenda items for the meeting date noted above.  The official posting place for the agenda is the bulletin board in the Mt. Crested Butte Town Hall entry.  Please refer to that official agenda for actual agenda items for the meeting date noted above.
Published in the Crested Butte News. Issue of August 15, 2008. #081517

NOTICE OF PUBLIC HEARING
CRESTED BUTTE BOARD OF ZONING
AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
(219 Gothic Ave.)

PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on August 26, 2008, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of Scott Truex to construct an accessory dwelling to be located at 219 Gothic Ave., Block 9, Lots 25-26 in the RIC zone.
Additional requirements are:    -Architectural approval is required.
    -Conditional Use Permit to allow an accessory dwelling in the RIC zone.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News Issue of August 15 and 22, 2008. #081523