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Show SUMMONS Shawn T. Farris, 7654 Christopherson, Farris, White & Utley, P.C. 189 N. Main Street, PO Box 2408 St. George, Utah 84771-2408 Attorneys for Plaintiffs Vernon L. Bruner, Dennis A. Dudley and Dowd L. Dudley v. Robert E. Horner, et al. SUMMONS, Case No. 010600031, Judge David L. Mower Sixth Judicial District Court, Garfield County, Utah The State of Utah to the below named Defendant: Robert E. Horner 2255 South 700 West Widstoe Utah You are hereby summoned and required to file an answer in writing to the Complaint on file with The Clerk of the Sixth Judicial District, 55 S. Main, Panguitch, Utah, and to serve upon, or mail a copy to Plaintiffs' attorneys, P.O. Box 2408, 189 North Main, St. George, Utah 84771-2408. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Pursuant to the Order for Alternative Service of Process, the Clerk of Court is ordered to mail a copy of the Summons. Complaint and said Order to the last known address of, Robert E. Horner. Unless the Defendant files a written answer or responsive pleading with the Sixth Judicial Court, 55 S. Main, Panguitch, Utah 84759, in case no. 010600031 within 20 days from the date of last publication publi-cation of this notice, a default order and judgment may be issued, granting the relief sought in the Complaint. Published in the Garfield County News Nov. 8, 15 and 22, 2001. NOTICE TO WATER USERS The State Engineer received the following Application(s) to Change Water in Garfield County (Locations in SLB&M). Persons objecting to an application appli-cation must file a CLEARLY READABLE protest stating FILING NUMBER, REASONS FOR OBJECTION, PROTESTANTS' PROTES-TANTS' NAME AND RETURN ADDRESS, and any request for a hearing. Protest must be filed with the State Engineer. Box 146300, Salt Lake City, UT 84114-6300 (801-538-7240) on or before DECEMBER 5, 2001. These are informal proceedings as per Rule R655-6-2 of the division of Water Rights. : (LEGEND: Point(s) of Diversion POD; Place of Use POU; Nature of Use USE) : 61-2479(a26039): State of Utah Board of Water Resources, West Panguitch Irr. & Res. Co. -Held by BWR, Thomas K. Simkins propose(s) to change the POD, POU, & USE of water as evidenced by 61-2128. HERETOFORE: QUANTITY: QUANTI-TY: 16937.581 ac-ft. SOURCE: Panguitch Creek, POD-(l) S - - -1900 W 2200 (2) S 1450 W 2000 from NE Cor (3) N 850 E 1800 from SW Cor, Sec 29 (4) N 200 E 450 from W Cor, Sec 30 (5) S 100 E 1 100 (6) S 750 E 100 (7) S 800 E 200 from NW Cor, Sec 32, T34S, R5W (8) N 1875 E 1643 from SW Cor, Sec 17 (9) S 1250 W 700 (10) 3 700 W 425 from NE Cor, Sec 19, T35S, R6W (11) E 1900 from Wl4 Cor, Sec 34, T35S, R7W. Source: Panguitch Lake. STORAGE: STOR-AGE: Panguitch Lake Reservoir, Capacity 9349.0 ac-ft. ac-ft. inundating 1074.50 acs. in Sec 32; Sec 33; Sec 34 T35S; Sec 3; Sec 4; Sec 5, T36S R7W! USE: Irrigation: from May 1 to Oct 1, total acreage 2.9960 acs; Other: Water used" for irrigation, domestic and stockwatering purposes.. POU: Sec 20; Sec 21; Sec 28; Sec 29; Sec 32; Sec 33, T33S; Sec 4; Sec 5; Sec 6; Sec 7; Sec 8-Sec 9; Sec 17; Sec 20; Sec 21; Sec 27; Sec 28; Sec 29; Sec 30; Sec 32; Sec 33; Sec 34, T34S, R5W-Sec 17; Sec 18; Sec 19; Sec 20, T35S, R6W. HEREAFTER: QUANTITY: 8.99 ac-ft. SOURCE: ' Underground Water Well. POD: (1) S Z455 E 460, 6 in. well 100 ft. to 300 ft. deep (2) S 2455 W 270, 6 in. well TOO ft. to 300 ft. deep (3) S 2455 W 975, 6 in. well 100 ft. to 300 ft. deep (4) S 2010 E 470, 6 in. well 100 ft. to 300 ft. deep (5) S 2010 W 255, 6 in. well 100 ft. to 300 ft. deep (6) S 2010 W 560, 6 in. well 100 ft. to 300 ft. deep (7) S 2010 W 1070 from Nl4 Cor, Sec 20, T34S. R5W., 6 in. well 100 ft. to 300 ft. deep. (12 mile N. of Panguitch) USE: Irrigation: from Apr 1 to Oct 31, total acreage 1.7500 acs; Stockwatering: 21 head of livestock; live-stock; Domestic: 7 families. POU: SW14NE14, SE14NW14 Sec 20, T34S, R5W. 97-2249 (a26062): Sibbley II Ltd. propose(s) to change the POD, POU & USE of water as evidenced by a deeded portion of 97-1461(A404L6). HERETOFORE: QUANTITY: QUANTI-TY: 21.78 ac-ft. SOURCE: 14 in. well 400 ft. deep. POD: (1) N 47 W 984 from El4 Cor, Sec 31, T33S, R5E. USE: Irrigation: from Apr 1 to Oct 31, total acreage 5.4450 acs, sole supply 5.4450 acs. POU: E12SE14 Sec 31; SW14 Sec 32, T33S, R5E. HEREAFTER: QUANTITY: 21.78 ac-ft. SOURCE: 5 in. well 100 ft. deep. POD: (1) S 750 W 1100 from Nl4 Cor. Sec 2, T33S. R4E. (4 miles North of Boulder) USE: Irrigation: from Apr 1 to Oct 31, total acreage 6.0000 acs, sole supply 5.4450 acs. POU: NE14NW14 Sec 2, T33S, R4E, 61-1696(a26079): Woodrow W. Jr. and Lucile 0 Beck pro- Pose(s) to change the POD, OU, & USE of water as evidenced evi-denced by 61-1696(al8236) and a portion of 61-2009. HERETOFORE: QUANTITY: QUANTI-TY: 0.5 ac-ft. SOURCE: underground under-ground water. POD: (1) N 465 E 50 from Wl4 Cor, Sec 33, 6 in. well 50 ft. to 200 ft. deep (2) S 2700 E 970, Source: South Fork of Sevier River (3) S 2090 E 1830 from NW Cor, Sec 2, T36S, R5W., Source: South Fork of Sevier River. USE: Irrigation: from Apr 1 to Oct 31, total acreage 0.1250 acs; Domestic: 1 family. POU: Sec 25; Sec 26: Sec 35; Sec 36, T35S; Sec 2; Sec 10; Sec 11; SW14NW14 Sec 33, T36S..R5W. HEREAFTER: QUANTITY: 0.5 ac-ft. SOURCE: 6 in. well 203 ft. deep. POD: (1) N 465 E 50 from Wl4 Cor, Sec 33. T36S, R5W. (12 mile South of Hatch) USE: Irrigation: frpm Apr. 1 to Oct 31, total acreage 0.0167 acs: Domestic: 1 family. POU: SW14NW14 Sec 33, T36S, R5W. Robert L. Morgan, P.E. STATE ENGINEER ' Published in the Garfield County News on NOVEMBER 8 & 15, 2001. NOTICE TO WATER USERS The following applications requesting an EXTENSION OF TIME WITHIN WHICH TO SUBMIT PROOF OF BENEFICIAL BENE-FICIAL USE have been filed with the State Engineer. It is represented that additional time is needed to place the water to beneficial use in Garfield county-Persons objecting to an application appli-cation must file a CLEARLY READABLE protest stating FILING NUMBER, REASONS FOR OBJECTION PROTESTANTS' PROTES-TANTS' NAME AND RETURN ADDRESS, and any request for a hearing. Protest must be filed with the State Engineer, Box 146300, Salt Lake City,. UT 84 11 4-6300 (801-538-7240) on or before NOVEMBER 28, 2001. These are informal proceedings as per Rule R655-6-2 of the Division of Water Rights. (LEGEND: Point(s) of Diversion POD; Place of Use a POU; Nature of Use USE) 61-1194(al4013): R. Patrick & Mary D. Dolphin QUANTITY: QUANTI-TY: 0.25 ac-ft. SOURCE: 8 in. well 100 ft. to 500 ft. deep. POD: (1) N 1005 E 375 from Wl4 Cor, Sec 21. T38S, R7W. (Strawberry Valley) USE: Domestic: 1 family, the well has been drilled but additional time is needed to submit proof. Robert L. Morgan, P.E. STATE ENGINEER Published in Garfield County News on NOVEMBER 1 & 8, 2001. NOTICE TO WATER USERS The State Engineer received the following Application(s) to Change Water in Garfield County (Locations in SLB&M). Persons objecting to an application appli-cation must file a CLEARLY READABLE protest stating FILING NUMBER, REASONS FOR OBJECTION PROTESTANTS- NAME AND RETURN ADDRESS, and any request for a hearing. Protest must be filed with the State Engineer, Box 146300, Salt Lake City, UT 84114-6300 (801-538-7240) on or before NOVEMBER 28, 2001. These are informal proceedings as per Rule R655-6-2 of the Division of Water Rights. (LEGEND: Point(s) of Diversion POD; Place of Use POU; Nature of Use USE) 97-2246(a26060): State of Utah Board of Water Resources, Boulder Irrigation & Water Development Co., Charles Flake propose(s) to change the POD, POU, & USE of water as evidenced by a segregated portion por-tion of 97-145, McCarty Decree, Civil No. 84 (12201901). HERETOFORE: QUANTITY: QUANTI-TY: 15.6. ac-ft. SOURCE: Boulder Creek. POD: (1) S 200 E 800 from NW Cor, Sec 23, T33S, R4E., Source: Boulder Creek (Otto Haws Ditch). USE: Irrigation: from Apr 1 to Oct 31, total acreage 74.8000 acs, sole supply 3.9000 acs. POU: N12SW14, SE14SW14, SW14SE14 Sec 23; NW14NE14, NE14NW14 Sec 26, T33S, R4E. HEREAFTER: QUANTITY: 15.6 ac-ft. SOURCE: Boulder Creek. POD: (1) S 411 W 769 from Nl4 Cor Sec 25, T33S, R4E. (Flake Reservoir near Boulder)- STORAGE: Flake Reservoir, Capacity 50.0 ac-ft., height of dam 13 ft., inundating 3.90 acs. in NE14NW14 Sec 25, T33S, R4E. USE: Other: Consumptive evaporation from surface (3.9 acre) of "Flake Reservoir'; Fish Culture: Non-consumptive Non-consumptive fish culture use in "Flake Reservoir"; Recreation: Non-consumptive recreational uses associated with "Flake Reservoir" . POU: NE14NW14 Sec 25, T33S, R4E. 61-2482(a26059): Thomas H. & Dianna , L. Blackburn Trustees propose(s) to change the POD, POU, & USE of wafer as evidenced by A deeded portion por-tion of 61-467. HERETOFORE: QUANTITY: QUANTI-TY: 0.0018 cfs or 0 25- ac-ft. SOURCE: Unnamed spring. POD: (1) N 7844 W 7115 from SE Cor, Sec 30, T36S, R8W.. Source: spring area. POlNT(S) OF REDIVERSION:(l) N 1622 W 2503 (2) N 1367 W 2457 from SE Cor, Sec 24, T36S, R9W. USE: Stockwatering: from Jun 15 to Oct 15 27 head of livestock. POU: Sec 19; Sec 30, T36S, R8W. HEREAFTER: QUANTITY: 0.0018 cfs or 0.25 ac-ft. SOURCE: 5 in. well 143 ft. deep. POD: 0) S 1006 E 2692 from NW Cor, Sec 30v T36S, R8W. (24 miles SW of Panguitch) USE: Domestic: 1 family. POU: Lot 5 Sec 30JT36S,R8W. 61-2480(a26046): Harris Hansen propose(s) to change the POD, POU; & USE of water as evidenced by A deeded portion of 61-2179. HERETOFORE: QUANTITY: QUANTI-TY: 0.003 cfs or 025 ac-ft. SOURCE: Tommy Creek. POD: ( 1) S 3090 E 660 from NW Cor, Sec 4 (2) S 950 W 1650 from NE Cor, Sec 8, T37S. R7W. USE: Irrigation: from May 1 to Oct 1, total acreage 0.1 250 acs. POU: SW14NW14 Sec 4, T37S, R7W. HEREAFTER: QUANTITY: 0.003 cfs or 0.25 ac-ft. SOURCE: 6 in. well 100 ft. to 400 ft. deep. POD: (1) N 200 E 1030 from Wl4 Cor, Sec 8, T38S, R7W. (Duck Creek Village) USE: Domestic: 1 family. fam-ily. POU: SW14NW14 Sec 8, T38S, R7W. Robert L. Morgan, P.E. STATE ENGINEER Published in Garfield County News on NOVEMBER 1 & 8, 2001. NOTICE OF TRUSTEE'S SALE The following described real property will be sold at public auction to the highest bidder, payable in lawful money of the United States on November 19, 2001, at 2:00 PM, AT THE WEST ENTRANCE TO THE GARFIELD COUNTY COURTHOUSE, 55 SOUTH MAIN STREET P.O. BOX 177 PANGUITCH, UT 84759, in the County of GARFIELD State of Utah, for the purpose of foreclosing a trust deed field by Universaf Mortgage Corporation, Corpor-ation, as the current Beneficiary, Beneficia-ry, executed by Ronald L. Gates and Brenda S. Gates, as Trustor, recorded December 29, 1999 as Entry No. 222289, in Book 350, at Page 893, of the official records of GARFIELD County, Utah, given to secure an indebtedness in favor of Universal Mortgage Corporation, by reason or certain cer-tain obligations secured thereby. Notice of Default was recorded record-ed May 1, 2001, as Entry No. 225215, in Book 359, at Page . 230, of said official records. Trustee will sell at public auction to highest bidder without with-out warranty ss to title, possession posses-sion or encumbrances, the following fol-lowing described property: ALL OF LOT 5, WOOLSEY SUBDIVISION, ACCORDING TO THE OFFICIAL OF-FICIAL PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Tax Serial No. EWS-5 PropertvAddress: 80 North 450 East,"Escalante, UT 84726 The undersigned disclaims any liability for any error in the street address. The present owner of the groperty is reported to be : .onald L. Gates and Brenda S. Gates Bidders must be prepared to tender to the trustee a $5,000.00 csshier's check at the sale and a cashier's check for the balance of the purchase price within 24 hours after the sale. DATED: October 22,2001 FIRST SOUTHWESTERN TITLE AGENCY OF UTAH, NC. LORETTA K. POCH, Asst. Vice President Successor Trustee 13725 Struthers Road, Suite 201 Colorado SpringsJ CO 80921 (71 3) 634-4868 and 102 West 500 South, Suite 300 Salt Lake City, UT 84101 Published in the Garfield County News October 25 and November 1 3nd 8, 2001. |
