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HomeMy WebLinkAbout1.0 ApplicationCOtniA DEPARTMENT ENT OF HEALTH Water Quality Control Divisi411 4210 East llth Avenue renver, Colorado 80220 • APPLICATION FCR APPRCVAL OF SEWAGE COLLECTION FACILITIES (Submit two copies of Apel_' cation with one set of design calculations, 1 ations, p? ans, and specifications unless state grant is involved; then submit two copies of evert ^g. ) AppLeant:. Rifle Village South Metropolitan District Box 169, Rifle, Colorado 81650 Address: (The following must be completed by the applicant or his designated representative.) A. GENERAL FORMATION: 1. Name of wastewater treatment facility to handle waste. Aeration Lagoons for Rifle Village South Metropolitan District Nature of proposed facility: Interceptor Line and Collection System 2. Cesign capacity of wastewater treatment plant: Hydraulic (MGM) 0.100 Organic (BODS) Z00 lbs/day 3. Present load to plant: Hydraulic ("GD) 0.0032 Organic (BODS) 6.4 lbs/day 4. Prccosed lift station, sewer or interceptor, when fully developed, will increase plant load to: Hydraulic (MGM) 0.0560 Crganic (BCD5) 112 lbs/day '4 a will bring the 1 oael- g of the plant to 56 percentage of hydraulic and 56 percentage of organic capacity. 5. L an existing treatment plant has unused capacity, how much of this unused capacity has been, obligated to other proposed developments? 24% B. LIFT SLAT=CN: None 1. Is site subject to flooding? . On a separate sheet cf pacer describe protective measures to be tarsen. 2. Distance to nearest residences? 3. What steps are being taken, to m r4mi2e or prevent overflows? _ . macer a will overflow discharge to? Aft 4. Is there a warninlipstem in case of eg1:i_rent lure? Is standbv power provided? C. SEWER ER CR I=:r rte'? CE P"_'CPS : 1. Size 18 -inch .Length 10 , 300 Capacity 3.10 MGD (Pipe diameter) (in feet) 2. Sc emat'c diagram. Attach a s:. a atic diagram shcwing sewage collection facility. This should include he hydraulic capacities and ownership of A all downstream sewers and treatment plants. 3. At the present time, the subsect:ent receives sewers cr interceptors are carrying a peak flow of None and flowing at a depth of 0.00 (flew in cis) (in inches) 4. Wi2.l the additional load from .is proposed sewer or interceptor bring the sewage treatme^t works to within 95 percent of peak hydraulic cagac_t_7? No . If so, identify What part of the sewage treatment worts. W",/ the additional load cause raw sewage to be discharged to the waters of the State? No See Section 25-8-103(15), C.R.S. 1973 for Ment works . " 5. Listan_ce to the nearest water line: E. the definition of "sewage treat - 10 feet Wi?7 a sewer replace any existing septic tank and leach field systems? Yes •If so, please identify them. 30 existing septic tank systems along the County Roads South of the Old County Bridge across the Colorado River South of Rifle, some of which are presently surface discharging and may also eliminate another 23 septic tank systemswithin the same area. D. COMZ7-, `iG I;IM R: Plateau Engineering. Inc. Consulting engi.:eer's 774 .g address and telephone: 521 Rood Avenue, Suite B Grand Junction, Colorado 81501 (303) 245-1310 . amp==== INFCRMATION MAY BE RECDi..:.D BY TE DCSZ.ICT ENG NEER. r ,e 7, /o1 /� 77 �'�` c 7vu=,�- (// Date Signature ature cf Apml,icant i P t ///e O u (,� -t ' \\ c— - dVW V3llV ONINNV1d oav oloo '31j18 AO A113 b _7 N • • RECE! V Ec, APR 2 5 1977 April 21, 1977 Rifle Village South Metropolitan District Box 169 Rifle, Colorado 81650 Re: Site Application for Sewer Line Extension for Rifle Village South Metropolitan District Garfield County - #2254 Gentl ev en: This is to inform you that your "Application for Approval of Sewage Collection Facilities" fora sewer line extension project consisting of eight and eighteen inch line for 150 units in Rifle Village South Metropolitan District located in Garfield County, Colorado was approved by the Colorado Pater Oualitu Control Commission at its meting held on April 5, 1977. The flow from the eight and eighteen inch sewer line located in the Rifle Village South Metropolitan District will be treated by the Rifle Village South Uetropolitan District wastewater treatment plant. This approval is subject to the following conditions: 1. A certification from the engineer must be furnished prior to commencement of operation stating that the facilities were constructed as shown on the plans submitted or a justification by the engineer and/or operating entity of any changes that were made. 2. This site approval will expire on April 5, 1978. If the construction of the project has not commenced by that date, you must reapply for a site approval. This approval does not relieve the owner from compliance with all county regulations prior to construction nor from responsibility for proper engineering, construction, and operation of the facility. 1 CITY OF ERIE RIFLE, COLORADO 816N June 24,1975 Mr. Frank J. Rozich, P.E. Director, Water Quality Control Div. Colorado Department of Health 4210 East llth Avenue Denver, Colorado 80220 Dear Mr. Rozich: • JUN 2 6 1975 J co. PLp AVER At a recent meeting with the developers of the L1 _ project, the City of Rifle indicated that the City did not wish to enter into a proposed agreement to operate and maintain a sewage treatment plant for the South Rifle District. This action was taken for the following reasons: 1. The City of Rifle does not foresee a need for City sewage treatment facilities south of the Colorado River at this time. Sout 2. The City of Rifle does not wish to see a prolifera- tion of sewage treatment facilities. 3. The City of Rifle wishes to have the results of the 201 Facilities Planning Study before making decisions affecting sewage treatment facilities. 4. The City of Rifle now has sufficient treatment capa- city to serve the first phase requirements of Rifle Village South. The City is undertaking at this time plans to expand the City of Rifle treatment plant to accommodate projected sewage flows in the Rifle area. If you have any questions concerning this, please call. DWD/vr Vepy truly yours, l Daniel W. Deppe City Manager March 16, 1978 Mr. Steve Carter Rifle City Attorney Rifle City Hall Rifle, Colorado 81650 Dear Mr. Carter: The purpose of this letter is to respond to your inquiries concerning the sewerage system of the Rifle Village South Metropolitan District. The State Statutes concerning public projects within the unincorporated portions of Colorado counties state that public utilities, whether privately or publicly owned, shall not be constructed or authorized within the unincorporated counties unless their proposed location and extend have been submitted to and approved by the County Planning Commission. It is further provided that if the Board responsible for the financing or authorization of the project is question is other than the Board of County Commissioners of the county involved, such responsible board may overrule any decision by the County. The Rifle Village South Metropolitan District has not submitted the plans for the sewerage system in the district to Garfield County for review as of this date. If you have any further questions, please do not hesitate calling me at 945-8212. RAW/kay XC -Rifle South Metropolitan District Sincerely, PLANNING DEPARTMENT Robert A. Witkowski Director • • RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT RIFLE. COLORADO 81650 TELEPHONE 625-1499 Re: Rifle Village So. Metropolitan Dist. ("Metro") Status Report. Since the financial and physical capabilities of a quasi -muni- cipality such as "Metro" have a direct bearing on the value of properties within its service area, and since much misinformation has been floating about relating to "Metro", we have enclosed several items which we felt might be of interest to You. These items will serve to document not only Metro's current good health and stability but a suprisingly strong outlook for major growth within its service area. In the interest of time I have briefly summarized the information below and attached the specifics herewith. FINANCIAL A. The 1978 audit of Metro's financial status (recently completed by Mr. Bomberger, an independent auditor) confirms that after deducting total liabilities from total assets Metro had a total positive retained + $288,041. earnings of (See Attachment A) B. Not included in that figure are some 365 taps cur- rently available on existing facilities for a value of (See Attachment B) + 365,000. + $653,041. C. Preliminary figures from the County Assessors Office indicate in excess of 300% growth in the A.V. inside Metro within the last 24 months Valuation growth =300% CURRENT AND FUTURE CAPACITY TO SERVE GROWTH A. In response to several recent requests from develop- ers, Clare]. Engineering was authorized to evaluate the existing sewage capabilities. That study found that the existing plant can currently accept an ar7Aitional 365 taps (See Attachment B) Taps cur- rently avail- able = 365 ( =1,277 more people) Moreover, due to pre -planned design characteristics of the existing plant, its capacity can be tripled within 90 days and at a minimal cost Taps plan • - ned =1,710 ( =5,985 people) The current Area Wide 201 service plan already calls for a doubling of the plant in anticipation of obvious growth south of the river and in view of the fact that the Metro -caned plant size is substantially larger, lower and better situated than the City plant, it is also being considered as a future site of an Area Wide plant (See Attachment C) B. Metro has recently completed connection of two additional water storage tanks and a new automated pumping complex for West .Metro which has more than triple the capacity to serve the existing homes in that area with spring water Nbreover, contracts were recently signed to purchase additional spring water in amounts sufficient to serve an additional 1,200 residents The district is also negotiating for additional water from 2 other major sources. GRANTS AWARDED METRO In addition to the Phase I and Phase II grants already received fium the State of Colorado (for projects totaling $391,614), Metro recently received a bird grant of $67,000 for the exten- sion of ser service in the central portion of its service area and was required to construct a trunk line of sufficient size to serve over 3,000 additional taps, including the air- port. Obviously the various state agencies which required this are envisioning significant near term growth for Metro. (See Attachments D and E) Area in use = 4 acres for Metro plant Area owned by Metro for expo sion= 16 acres Water purchase for 1,200 people Metro receives $67,000 gran; I realize some of the above may be a little surprising, but none- theless they represent the most up-to-date factual information available. We have care a long way in the last few years and now are in a position to encourage maximum growth and development south of the river through cooperation with all who may wish to grow with us. If I can be of any possible assistance in providing additional information, please feel free to contact me through 625-1341. Lamont L. Kinkade Manager • • AUDITED FINANCIAL STATEMENTS RILFE VILLAGE SOUT}1 METROPOLITAN DISTRICT Garfield County, Colorado December 31, 1978 410 BALANCE SHEET 411 RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT Garfield County, Colorado December 31, 1978 ASSETS CASH ACCOUNTS RECEIVALBE - Users fees NOTES RECEIVABLE - Tap fees - Note B PROPERTY, PLANT AND EQUIPMENT - at cost - Note C LESS ACCUMULATED DEPRECIATION - Note D NET PROPERTY, PLANT AND EQUIPMENT AMOUNT TO BE PROVIDED FOR PAYMENT OF BONDS AND INTEREST - Note E DUE FROM OTHER FUNDS GENERAL WATER SANITATION BOND FUND FUND FUND FUND $ 663 $ 667 $ 430 1,500 2,000 65.042 57,174 420,760 5,924 15,089 51,250 405,671 $183,403 TOTAL ASSETS $65,705 $53,417 $408,101 $183,403 LIABILITIES, FUND BALANCE AND RETAINED EARNINGS LIABILITIES Accounts payable Due to General Fund Note payable - Centennial Bank of Pueblo - Note F Accrued interest Bond anticipation notes and General Obligation Sewer Bonds $ 541 $10,333 $ 41,723 17,142 47,900 7,000 49,000 47 332 $ 3,403 180,000 TOTAL LIABILITIES 541 34,522 FUND BALANCE 65,164 RETAINED EARNINGS 18,895 LIABILITIES, FUND BALANCE AND RETAINED EARNINGS $65,705 $53,417 138,955 269,146 $408,101 See accompanying Notes to Financial Statements -2- 183 ,403 $183,403 T. V. GAREL ENGINEERING(� :1i 111oiut( (a�ove.iux,P1 and �l;x lid r 11.70 IS 2919 APPLEWOOD STREET U GRAND JUNCTION, COLORADO 81501 Mr. Lee Johnson [Highway 13 Rifle, Colorado Dear Mr. .Johnson, The Rifle Village South that I determine the present water facilities as of this available for service. • ATT '* ID TELEPHONE 242-9564 AREA CODE 303 B September, 7, 1979 Re: Capacity of Sanitary Waste- water Facilities, Rifle Village South Metro District Metropolitan District has requested capability of their sanitary waste - date relative to the number of taps The design capacity of the facilities were Aerated Lagoons Design Capacity: Discharge Permit Allowance: Present Connected Taps: Remaining Available Taps: Additional Taps Committed: Total Uncommitted Taps: 18 inch Interceptor Sewer Line Design Capacity: Present Connected Taps: Remaining Available Taps: Additional Taps Committed: Total Uncommitted Taps: 150,000 123,000 as follows: GPD or 570 GPI) or 468 31 437 72 365 3.2 MGPD or Taps Taps Taps Taps Taps Taps 3,657 Taps 8 Taps 3,649 Taps 72 Taps 3,577 Taps The total amount of infiltration into the Interceptor Line is less than 8,000 gallons per day, or an equivalent of 30 Taps which are included in the above summary as committed taps. The sanitary wastewater facilities are presently non - discharging, and have not discharged since the time of their completion. The above summary has been basically afirmed in the 201 Facility Plan for the City of Rifle, dated June, 1979, as prepared by ARIX, Consulting Engineers. Very truly yours, Theron V. Garel PE: -LS 2484 • FACILITIES PLAN CITY OF RIFLE, COLORADO FINAL AMENDMENT Nelson, Haley, Patterson & Quirk, Inc. Combustion Engineering, Inc. 760 Horizon Drive Grand Junction, Colorado 81501 TEC rchilecls • Engineers • Planners TABLE 7 ALTERNATIVE IA Item Quantity Unit Unit Cost Total Cost 0 1. RVSN0 Plant Expansion from 123,000 to 246,000 gpd 2. City Plant Expansion from 330,000 to 1,042,200 gpd *3. City Headworks Improve- ments (Flow measurement and pumps) 1 Job $170,000.00 $170,000.00 $ 1 Job 430,000.00 430,000.00 1 Job 65,000.00 65,000.00 4. City Interceptor Line to Rifle Creek 24 -inch 4000 L.F. 34.00 136,000.00 5. City Interceptor Line along Rifle Creek 18 -inch 5000 L.F. 24.00 120,000.00 6. Sleepy Hollow Connection 1 Job 84,600.00 84,600.00 7. Industrial/Commercial Plant 100,000 gpd 1 Job 140,000.00 140,000.00 8. Industrial/Commercial Interceptor 8 -inch (includes railroad bore) 5000 L.F. $ 15.50 $ 77,500.00 SUBTOTALS $1,223,100.00 Plus 25% Construction Contingencies, Legal, Fiscal, and Engineering Costs 305,775.00 TOTAL CAPITAL COSTS $1,528,875.00 0 & M for 20 years at $73,400/year at 7% 777,600.00 TOTAL COSTS $2,306,475.00 EQUIVALENT ANNUAL COSTS $ 217,715.00 -20- Item 1 • . TABLE 10 ALTERNATIVE 2B COST ESTIMATE RVS?-1D Plant Expansion (from 123,000 gpd to 1,388,200 gpd) *2. Pump Station (1800 gpm) with standby power 3. Force Main 14 -inch 4. River Crossing 5. Interstate Crossing 6. City Interceptor Line Annual Quantity Unit Unit Cost Total Cost 0 & M Cost 1 Job $330,000.00 $ 330,000.00 $ 32,000.00 1 Ea. 70,000.00 70,000.00 20,000.00 4760 L.F. 22.00 104,720.00 300 L.F. 250.00 75,000.00 450 L.F. 120.00 54,000.00 to Rifle Creek 24 -inch 4000 L.F. 34.00 136,000.00 7. City Interceptor Line along Rifle Creek 18 -inch 5000 L.F. 24.00 120,000.00 *8. Sleepy Hollow Connection 1 Job 84,600.00 84,600.00 7,000.00 9. Industrial/Commercial Pump Station (175 gpm) with standby power 1 Job 40,000.00 40,000.00 7,000.00 10. Industrial/Commercial Force Main 4 -inch 11000 L.F. 20.00 220,000.00 with river & inter- state crossings 11. Industrial/Commercial Interceptor 8 -inch includes Railroad Bore 5000 L.F. 15.50 77,500.00 SUBTOTAL $1,311,820.00 $ 66,000.00 Plus 25% Construction Contingencies, Legal, Fiscal, and Engineering Costs TOTAL CAPITAL COST 0 & M for 20 years at $66,000/year at 7% TOTAL COSTS EQUIVALENT ANNUAL COST * Includes pump replacement funding in 0 & M Cost. -25- 327,955.00 $1,639,775.00 699,204.00 $2,338,979.00 $ 220,783.00 7 Item TABLE 12 ALTERNATIVE 3B COST ESTItMATE Ann Quantity Unit Unit Cost Total Cost 0 & f•' 1. City Plant Expansion (from 330,000 gpd to 1,388,200 gpd) 1 Job $455,000.00 $ 455,000.00 $ 32, *2. City Headworks Improve- ments 1 Job 65,000.00 65,000.00 7, 3. City Interceptor to Rifle Creek 24 -inch 4000 L.F. 34.00 136,000.00 4. City Interceptor along R ifle Creek 18 -inch 5000 L.F. 24.00 120,000.00 *5. Sleepy Hollow Connection 1 Job 84,600.00 84,600.00 7,» 6. District Pump Station (430 gpm) 1 Job 50, 000.00 50, 000.00 8,( 7. Force Main 6 -inch 4760 L.F. 10.00 47,600.00 8. River Crossing 300 L.F. 230.00 69,000.00 9. Interstate Crossing 450 L.F. 100.00 45,000.00 10. Industrial/Commercial Pump Station (175 gpm) with standby power 1 Job 40,000.00 40,000.00 7,1 11. Industrial/Commercial Force Main 4 -inch 15000 L.F. 10.00 150,000.00 12. Industrial/Commercial Interceptor 8 -inch in- cludes Railroad Bore 5000 L.F. 15.50 77,500.00 SUBTOTALS $1,339,700.00 $61,/' Plus 25% Construction Contingencies, Legal, Fiscal, and Engineering Costs 334,925.00 TOTAL CAPITAL COSTS $1,674,625.00 0 & M for 20 years at $61,400/year at 7% 650,472.00 TOTAL COSTS $2,325,097.00 EQUIVALENT ANNUAL COSTS $ 219,473.00 * Includes pump replacement funding in 0 & M Costs. -28- t Item i TABLE 13 ALTERNATIVE 4 COST ESTIMATE Aunt, Quantity Unit Unit Cost Total Cost 0 & 11 1. New Regional Plant 1,388,200 gpd 1 Job $500,000.00 $ 500,000.00 $ 32,1 2. City Interceptor Line to Rifle Creek 24 -inch 4000 L.F. 34.00 136,000.00 3. City Interceptor Line along Rifle Creek 18 -inch 5000 L.F. 24.00 120,000.00 4. Sleepy Hollow Connection 1 Job 84,600.00 84,600.00 7,C 5. Outfall from City Plant to connection with RVSMD Plant 5000 L.F. 34.00 170,000.00 6. Outfall below RVSMD to Plant Site 27 -inch 15500 L.F. 40.00 620,000.00 7. Connection from RVSMD Plant 12 -inch 1000 L.F. 15.00 15,000.00 8. Interceptor Crossing 450 L.F. 120.00 54,000.00 9. River Crossing 300 L.F. 250.00 75,000.00 10. Industrial/Commercial Interceptor 8 -inch 5000 L.F. 12.00 60,000.00 SUBTOTAL $1,834,600.00 $ 39,0 Plus 25% Construction Contingencies, Legal, Fiscal, and Engineering Costs 458,650.00 $2,293,250.00 0 & M for 20 years at $39,000/year at 7% 413,166.00 Purchase of 25 Acres at $3000/Acre 75,000.00 TOTAL COSTS $2,781,416.00 EQUIVALENT ANNUAL COSTS $ 262,546.00 The combined equivalent annual costs• for each alternative are summarized in Table 14. TABLE 14 SUMMARY OF EQUIVALEDIT ANNUAL COSTS Alternative 1. Expand Both Existing Plants 2. Combined Plant at District Site 3. Combined Plant at City Site 4. Regional Plant at Downstream Site "8" With Fourth Plant For With Pump Station For Industrial/Commercial Area Industrial/Commercial Are; $217,715.00 211,444.00 218,393.00 262,546.00 $218,795.00 220,783.00 219,473.00 NA SUMMARY EVALUATION Genera] In order to devise an implementable Plan, alternatives must be considered from both economic and non -economic aspects. Economic criteria are based on the relative cost of the alternatives including initial capital and operation and maintenance costs over a long to rns.(20-year) period. Non -economic criteria include effectiveness, reliability, flexibility, and subjective environmental evaluations. Non -economic Evaluation Public Acceptance. Public acceptance of any alternative is necessary to obtain the maximum benefit. Because all alternatives will provide sewage treatment to the existing homes, it is believed that any alternative will be acceptable to the public as long as costs are minimized. Reliability.- Reliability of an alternative is the ability to provide continuous transportation and treatment of the projected wastewater flows. Mechanical failures caused by system malfunctions or natural disasters may -31- the real needs of the Industrial/Commercial area would-be known. Warehouse and storage uses require little or no sewage treatment as do many businesses. On the other hand, a large motel and rest- aurant complex requires significant sewage treatment facilities as well as many other services. BAsed on the above, it is believed that an initial phase of Alternative One should be constructed as outlined in Table 16 and at a later time, either Alternative One completed or Alternative Four constructed depending on the situation and growth factors at that time. TABLE 16 PHASE ONE TREATMENT PLANT COSTS Item Quantity Unit Unit Cost Total Cost 1. City Plant Expansion from 330,000 to 1,042,200 gpd 2. City Headworks Improve- ments (flow measurement and pumps) 3. City Interceptor Line to Rifle Creek 24 -inch 4. City Interceptor Line along Rifle Creek 18 -inch 1 Job $430,000.00 $430,000.00 1 Job 65,000.00 65,000.00 4000 L.F. 34.00 136,000.00 5000 L.F. PHASE ONE SUBTOTAL FROM ALTERNATIVE ONE -36- 24.00 120,000.00 $751,000.00 • ATTACHMENT D 4210 E. 11TH AVENUE DENVER 60220 PHONE 26E3-6111 ANTHONY RO©BINS.M.D..M.P.A. EXECUTIVE DIRECTOR May 20, 1977 4f41, ,24/97? Aletha J. Abel Rifle Village South Metro District P.O. Box 169 . Rifle, Colorado 81650 Dear Sir: RE: Commitment of funds by the Water Quality Control Commission for construction of wastewater treat- ment works. At the May 3, 1977 , 1976, meeting of the Water Quality Control Commission, a commitment of funds for your proposed project was approved. The commi tment in the amount of $ 289,614 , was based on 74% per- cent of the total eligible project cost of $ 391,611.00 This is not a grant. Prior to a grant approval by the Commission, review of final plans, specifications and design calculations must have been completed by this Division. if the project entails work Uii au NPDES permit lac; i hy, we recommend, if you have not done so previously, that you contact our Permits and Planning sections for their requirements prior to preparation of final plans and specifications. Again, neither Commission approval can be received, nor a contract for a con- struction grant for public sewage treatment works be entered into with the State of Colorado until review of final plans and specifications has been completed. Have two copies of final plans, specifications and design calcu- lations with the preliminary engineering report sent to this Division by your design engineer for our review. Very truly yours, FOR DIRECTOR, WATER QUALITY CONTROL. DI.VI S I ON �Lr Jonathan W. Love, P.E. Donr_stic Waste Consul tont Technical Services & Grants Section JWL/mb 1 • April 22, 1977 Mr. Homer B. Abel, Chairman Rifle Village South Metropolitan District Rifle, Colorado 81650 Dear Mr. Abel: I am in receipt of your letter dated April 15, 1977, in which you requested that no building permits be issued until water and sewer taps are paid for. This office will comply with this request and require receipts before a permit is issued. If this is not satisfactory and the Board would like some other arrangements enforced, please notify me. Very truly yours, WCM/kay W. C. Milner Building Official • • RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT Mr. Bud Milner Building Inspector 2014 Blake Ave Glenwood Springs, Colo. l.1'. APR 1 U 1977 GARFIELD CO. FL/INNER RIFLE, COLORADO 81650 TELEPHONE =,je a9; 625-1341 Ar it 15, 1977 Dear Mr. Milner; We seem to be having some difficulties concerning the issuance of building permits in relation to the purchase of Water and Sewer taps. We would appreciate it if you would not issue building permits for construction within the Metro district until you have proof that the tap fees have been paid. Will it he possible to discuss it with you the next time you are in Rifle? Or we will be happy to set up a special meeting with all the board members. 4t2r ncerel , --g) �� 04 Chairman hba:aa TO PLATEAU ENGINEERING,. 521 Rood Avenue Suite Mr GRAND JUNCTION, COLORADO 81501 Phone 245.1310 "a 1 X917 Garfield County Building Inspector • Garfield County Courthouse Glenwood Springs, Colorado 81601 _ RISE Oo 7 IfMQ lMAl rl1, DATE DATE NO. DESCRIPTION Mar 14,1977 Rifle Village South Colorado Department of Health, Ronald G. Schuyler, P.E., Chief Metropolitan District Technical Services & Grants Section Letter of Approval for Rifle Village South, Plans & Specifications. TO PLATEAU ENGINEERING,. 521 Rood Avenue Suite Mr GRAND JUNCTION, COLORADO 81501 Phone 245.1310 "a 1 X917 Garfield County Building Inspector • Garfield County Courthouse Glenwood Springs, Colorado 81601 _ RISE Oo 7 IfMQ lMAl rl1, DATE March 151977 JOB NO. ATTENTION Mr. Bud Milner RE: Rifle Village South Metropolitan District GENTLEMEN: WE ARE SENDING YOU Q Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order E Plans ❑ Samples A Letter of Approval the following items: ❑ Specifications COPIES 1 THESE ARE TRANSMITTED as checked below: REMARKS ❑ For approval • For your use ❑ As requested ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO FORM 240-2 - Available from (J Townsend. Mass. 01469 SIGNED" It enclosures are not as noted, kindly notify us at on e. 1977 • COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 388-6111 Anthony Robbins, M.D., M.P.A. Executive Director March 14, 1977 Theron V. Garel Plateau Engineering Inc. 521 Rood Avenue, Suite B Grand Junction, Colorado 81501 RE: Rifle Village South, plans & specifications. Dear Mr. Garel, On march 1, 1977, the Colorado Water Quality Control Commission approved the referenced plans and specifications with the contingency that a suitable overall project view and a lagoon sealing specification be submitted. Those two items have been submitted and are acceptable. One stamped copy of the plans and specifications is being returned for your files. Very truly yours, FOR DIRECTOR, WATER QUALITY CONTROL DIVISION �,./(,,. ia�.. Ronald G. Schuyler, P.E., Chief Technical Services & Grants Section RGS:emf • • 1967 - Site location of plant approval by the Colorado State Water Quality Control Commission. August, 1975. Letter says that appllication is still approved. February 10, 1977 - Application for approval of the sewage collection facilities. April 5, 1977 - Approval for application of sewage collection facilities. EDWARD F. CARPENTER, P.E. THERON V. GAREL, P.E., L.S. PLATEA NGINEERING, INC. Januar Consulting Civil Engineers 521 ROOD AVENUE, SUITE B GRAND JUNCTION, COLORADO, 81501 (303) 245-1310 -n JAN 10 1977 Li Garfield County Building Inspector 2014 Blake Avenue GARfIELD CO. PLANNER Glenwood Springs, Colorado 81601 -757T-q Attention: W. Bud Milner Re: Sanitary Wastewater Treatment for the Rifle Village South Subdivision Dear W. Milner: Plateau Engineering, Inc. of Grand Junction, Colorado, has been retained by the Rifle Village South Metropolitan District as their Consulting Engineers. Upon request of the above mentioned District, we made an inspection, on January 2, 1977, of the Sewer Collection System and Treatment Facilities of the District's which have been completed to date to serve the Rifle Village South Subdivision and determined that the sanitary wastewaters from this Subdivision are discharging into the lagoon system constructed on the District's lands. If you have any further questions pertaining to the system, please advise. Very truly yours, PLA1IAU ENGINEERING, INC. - Theron V. Garel, P.E., L.S. TVG:emb CC: Rifle Village South Metropolitan District W. Woody Anderson W. Richard Bowman, State Engineer 447 a ix• tr-c" 375 ming plan. or any part, amendment, exten- be by a, 'i addition thc affirmativtellvote of not ution less t.�'r'by % ❑tJ)Urlty of the entire membership of ; c commission. Gordon v. Board of County c,.-mm•rs. 152 Colo. 376. 382 P.2d 545 (1963). N bcrc a statute, such as this section, author - r, the adoption of zoning regulations by _.rsns „f resolution, the municipality may not ,.t ry V. ay of ordinance; but where the .L,,utc requires an ordinance for the attain - of the zoning restriction, a resolution is 30-28-110 ineffective to accomplish the desired result. Gordon v. Board of County Comm'rs, 152 Colo. 376. 382 P.2d 545 (1963). And the pronouncements of the •supreme court in cases dealing with zoning ordinances adopted by cities are applicable to the actions of county commissioners in connection with zoning "resolutions" which they are now authorized to adopt, unless some specific statutory provision authorizes a different procedure. Gordon v. Board of County Comm'rs. 152 Colo. 376, 382 P.2d 545 (1963). 3.0-2.3-109. Certification of plan. The county planning commission shall ;ct;ifv a copy of its master plan, or any adopted part or amendment thereof or addition thereto, to the board of county commissioners of the county. The to conal planning commission shall certify such copies to the boards of ;.runty commissioners of the counties lying wholly or partly within the region. T-nc county or regional planning commission shall certify such copies to the i;,nning commission of all municipalities within the county or region. Any municipal planning commission which receives any such certification may :p&p! so much of the plan, part, amendment, or addition as falls within the territory of the municipality as a part or amendment of or addition to the ;Water plan of the municipality, and, when so adopted, it shall have the same force and effect as though made and prepared, as well as adopted, by such municipal planning commission. Source: L. 39, p. 298, § 8; CSA, C. 45A, § 8; CRS 53, § 106-2-8; C.R.S. 1%3. § 106-2-8. 30-28-110. Regional planning commission approval, required when - record - tux. (I) (a) Whenever any county planning commission or, if there is none, any regional planning commission has adopted a master plan of the county or any part thereof, no road, park, or other public way, ground, or space, nr, public building or structure, or no public utility, whether publicly or pri- ,:hely owned, shall be constructed or authorized in the unincorporated ter- ritory of the county until and unless the proposed location and extent thereof has been submitted to and approved by such county or regional planning commission. (b) In case of disapproval, the commission shall communicate its reasons to the board of county commissioners of the county in which the public way, ground. .pace. building, structure, or utility is proposed to be located. Such board has the power to overrule such disapproval by a vote of not less than majority of its entire membership. Upon such overruling, said board or thcr official in charge of the proposed construction or authorization may proceed therewith. (c) If the public way, ground, space, building, structure, or utility is one :hc authorization or financing of which does not, under the law governing 'hc same. fall within the province of the board of county commissioners or other county officials or board, the submission to the commission shall be by the body or official having such jurisdiction, and the commission's disap- proval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. /,7z r, ti 4 rf =; ' 1 a M �;; +ice•- r`er�'St � s{?. • OF COLORADO DEPARTMENT OF HIALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 388-6111 July 2, 1973 R. L. CL•IRN, M.D., M.P.H., DIRECTOR Mr. John Todd, Cha i rnen Rifle Village South Metropolitan District Rifle, Colorado 81650 Dear Mr. Todd: It has recently been brought to our attention that Rifle Valley South is taking necessary steps to proceed with construction of wastewater treat- ment facilities. Reviewing our files on this matter, we find that a site location for construction of lagoons was approved Pollution Control Commission on September 11, 167by the State Water In the period between the time this approval was granted and the current date, there have been several changes in water regulations at both the State and Federal level. Such on changels rules d dis- charge standards and discharge Such changes Include Rifie Village South resubmit ginpd plicateuAPPLICATIONWFORe eAPPROVALtOFt LOCATION FOR SEWAGE TREATMENT FACILITIES to this Division. Enclosed please find three copies of the necessary form. As you are aware, it would be physically pos treatment works to treat wastewater from the The State Water Pollution Control Commission avoiding a proliferation of small wastewater that Rifle Village South will be required to sons for constructing a separate facility fo an outfall line to the existing Rifle facili sible for the Rifle wastewater Rifle Village South District. has adopted the policy of treatment facilities. We feel provide sound economical rea- r treatment In lieu of constructing ty Please wr.le ,t you have questions. Very truly yours, FOR DIRECTOR, WATER POLLUTION CONTROL DIVISION Gregory T. Misbach, P.E. District Engineer GTM:mgc enc. cc: Mr. T. V. Garel, Consulting Engineer Mr. Martin Dumont, Attorney, Rifle Mr. Lamont Kinkade, Sanitarian, Garfield County -, STATE OF COLORADO DEPARTMENT OF PUBLIC H$ALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 388-6111 R. L. CLUURI, M.D., M.P.H., DIRECTOR Mr. S. W. Anderson Rifle Village South Metropolitan District P. 0. Box 140 Rifle, Colorado 81650 Dear Mr. Anderson: September 12, 1967 RE: Application for Approval of Location for Sewage Lagoons Rifle Village South The Colorado State Water Pollution Control application for the construction of sewage 1967. This approval does not relieve the owner of proper engineering, construction and operat This letter of approval should be retained The plans were previously reviewed and a le on April 4, 1966. As previously discussed, you may desire to the outfall sewer and the lagoons. If you the Consulting Engineer meet with me at an ETB:mgc Commission approved your lagoons on September 11, the responsibility for ion of the facilities. in your permanent records. tter sent to the engineer apply for a FWPCA grant on so desire, request you and early date. Very truly years, FOR DIRECTOR, WATER POLLUTION CONTROL DIVISION • Earl T. Balkum, P.E. Associate Public Health Engineer cc: Board of County Commissioners, Garfield County Meurer, Serafini and Meurer, Inc., 2901 West 19th Avenue, Denver FHA, Denver Mr. Roger Smades, District Engineer • • RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT District Members Planning Board John Todd Aletha Able Homer Able Frank Anderson Lola Anderson Woody Anderson Frand Anderson Harold Grubb Norman Burdick The regular meeting of the Rifle Village South Metropolitan District was called to order at 8:20 p.m. Larry: What statute did you go under on your charter? Mr. Todd: Judge Darrell has the records. Case #5751. Mr. Garel: Before 1965 we were a water sanitation district. There was a plan laid out for the whole valley. (Aseraphine?) The original report was made in 1964 and 63. In 1965 we ended up as a water and sanitation district. In 67 we changed to a metropolitan district. I was supposed to have a letter from Cooley Development - Investment Company and they have contacted me on Mineota Estates. Larry: Would it be feasible to serve them in the future? Mr. Garel: They would have to annex to us. The people south of the river have in the past received water from the town of Rifle. It was desired by the majority of the people to either annex to the Town of Rifle or to contract with the town in order to get sewer service. When they approached the town, a resolution was passed that you can't obta in sewer services unless you have a water service. They passed that there would be no more annexations to the town of Rifle. The majority wanted to join. (it was an existing subdivision at the time) They passed a municipal ordinance against taking any more annexations, especially south of the river. After about a year of trying to work with the town of Rifle and getting nowhere, they realized the necessity of satisfying their own needs and recognized the various agricultural potentials in the county: resources, I-70, recreation industrues,etc. We forsaw a neet for providing equal facilities that they were denied. They then formed a district and built their own facilities. The majority were in full agreement and they signed a petition and brought it before the court. There was at that time no planning commission and they were not requieed to go before the commissioners. At that hearing a number of people got up and said that such a district would create a hardship on the tax paying people on that side of the river. The water rights were out of the Last Chance Ditch purchased by Les Crane Ditch Company. (they still operate and make assessments). The waters would natrually flow down to the south end of the bailey and that valley makes a natural area for development. At the hearing, because of the adverse statements, a number of people backed out and asked to be excluded from the dietrict. A major y of those people now are wanting to annex to the district. Their septic tanks are iaxworking and they have received a Cease and Desist order (by Roark). They had a bond election and when the bond issue was passed, they changed to a Metro District (1 out of 7 in the state0. They never exercised their powers as a such. They want to get fix some planning done and supply water rights and a sewer system where wateemautaittaaa could be returned to the stream in the same quantity and qualitysc as originally taken out. That is bacically the thinking of the people who started the district. Part of the original authority over the metro of transportation and the original alignment of the transit was down closer to the raver. It was going to end up partially in Greenbelt. The state highway department was inc not providing any access to that land. Most of it was at the time valued at $L50 per acre. It was feasible to put the water treatment facilities up at Silt and theccaostmotio then construct a sewer line down along the interstate. to be terminated where the river runs into a bluff. The idea was to build a sewer line as shown on the interstate route from the upper end to the lower end. Tertiary treatment was recommended. Transportation: They want an interchange off I-70 because it would save about 8 miles of driving. The orchard lands were a subdivision filed under some initial state requirements about subdivisions from about 1890. There is another sub- division which is filed which is to use the north side of the interstate as industrial.and some Greenbelt too. Drainage ditches would be protected. The key to the plan is funding. They originally went to HUD to get a loans or grants. The only way to get one was with some plans and they tried to get the county to adopt some mas ter plan and certify it. HUD T-5-06-0077 Discussion of airports - there were three commissioners at the time: Pete Mattivi, Norm ?, Dr. Harlan. They hired a firm out of Grand Junction to revise the master plan. Presently the traffic counts are not sufficient to warrant state funding. The spacing was also wrong. They have waited to see what was going to happen in the to I-70 East of Guy Sniders. It is documented by federal known resources lie in this part of the valley. (coal, gas, No problem acepocteckidaat except that they are taking out town of Rifle. There is access reports that 70% of the worlds hydrocarbons, uranium,etc.) agricultural land. Larry: We have to establish through law and record who has the authority (the Planning Commission?) and the way the consultant(Jerry Brown) thought it should be. )bdcto:pax Jerry Brown met with them and their plan was supposedly included in the master plan. They also met with the highway department. Larry: What is your proposed plan? Has it been filed with the land use commission? Garel: There wasn't one when they made their plan. They don't want to cause any problems. A site approval was requested from the state health department. Larry: I would like to bring our maps on the zoning and planning as presented to the county commissioners. Construction has not been approved by COG yet. The airport would have been paid for out of bond revenue. The districe has domestic wells adjudicated. Question: centralized vs individual sewage plants? Adjourned at 10:30 February 26, 1984 RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT 0275-332 ROAD RIFLE, COLORADO 81650 PHONE 625-2654 Dear Councilperson: Inasmuch as we have not received any response or even acknowledge- ment of your receipt of our recent requests for a meeting and proposal for a cooperative agreement, we must assume that you have not been allowed to make such a response. While we .do not understand any conceivable reason that you should be placed in such a position, we continue to believe that a mutually acceptable agreement between our two communities is in the overwhelming best interest of both. We further believe that only through a complete understanding of each others capabilities and concerns can we reach such an agreement. Regretably a few among your staff and the mayor have repeatedly engaged in undisclosed actions to oppose the district. These may or may not have been with your knowledge and approval, but in any event they certainly did not serve to foster either understanding or cooperation. In order to avoid such ill- advised activities, we are enclosing herewith for your con- sideration,documentation relating to our capabilities, our efforts, and our concerns in the matter of water service to our community. I trust that you will understand that our correspondence with the commissioners and other concerned parties is extremely frank and to the point. The purpose of our frankness is not to antagonize or alienate anyone, but rather to make it as clear as possible exactly where we stand and what our feelings are in the matter. I trust you will review the matieral enclosed and make your own personal decisions regarding the future of our relationship without being unduly biased by the self-serving opinions of various bureaucrats and consultants. If you do so, you will already have gained something in common with the Metro Board of Directors, namely the belief that major public decisions should and must be made by elected officials and only carried out by their staffs. Once again, may we extend our invitation to any or all of you as elected officials to meet with the District's elected officials and such staff members as either community may feel are appropriate. Such a meeting to be for the purpose of calmly discussing the genuine needs and concerns with an eye toward establishing a basis for mutual understanding and future negotiations. If you are allowed, we would certainly appreciate a response from you at your earliest convenience. Sincerely, Lamont Kinkade Administrative Consultant LK:ek 4S CIP,g ,C4lik-1 Fl._' ,,c.),. "M ET RO" a L. S`OU,,C)`1y SINCE X* February 26, 1984 Dear Mr. Stranger; RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT 0275-332 ROAD RIFLE, COLORADO 81650 PHONE 625-2654 TAR 9 1984 ';8 In order to assist you in determining the "factual" circi`mstances surrounding the Metropolitan District's continuing capability and committment to water service throughout its community and service area, we have enclosed the following documents for your consider- ation: 1. Western Engineer's study and findings regarding the service and augmentation capacities of Metro's Well #2 and Metro's Ruedi water. This is our Phase II augmentation plan cur- rently before the courts to insure year around domestic water for an additional 2,400 people. 2. Water rights and contracts held by Metro in reserve for future uses, as needed, depending on growth: Li a. Water Development Company - Exhibit A b. Andersen Ranch Water Rights - Exhibit B c. Henry's Springs Water Purchase Agreement (Andersen Interceptor Ditch) - Exhibit C d. Well #2 Purchase Agreement - Exhibit D e. W. A. Skelton Ditch Agreement - Exhibit E f. J. T. Pierce Ditch Agreement - Exhibit F 3. Statutory authority to obtain even more water if and when future needs materialize (Ex. G. 31-1-100): a. Requirements that all new developments provide adequate water to replace the portion of Metro's water to be committed to their proposed development. C.R.S. 32-1-1001 Para(1) (M) b. Statutory authority to contract for such other amounts, types, and sources of water as may be needed. C.R.S. 32-1-1001 Para (1) (D) • c. Statutory authority of condemnation for the District's use. C.R.S. 32-1-1004 (Para 4) oYgl d. Statutory assignment of not only "Eminent Domain" but "Dominant Eminent Domain". C.R.S. 32-1-1004 (Para 4) • -2- 4. Shares in the Loesh & Cran Ditch (Exhibit H) which are being used in the Phase I Augmentation Plan also currently before the court for the taps already in service or committed. The Phase I Augmentation Plan is the plan which has been re- peatedly attacked by the City's teams of consultants and attorneys, even though it is downstream from the city's sys- tem and has little or nothing to do with their system. Never- theless it appears that these city attorneys have been given a carte blanche to oppose and attack the district's Phase I plan at all costs. And since these attorneys apparently have a perfect client to whom money is no object there is every reason to believe that they will continue to nit-pick about those few ditch shares as long as the city tax payers can afford it, so that plan may take a while. Fortunately, the shares involved in Aug. I are but a small part of the water we have available to us. While on the other hand the first of Metro's Ruedi contracts is for a full 25 acre-feet and that water has proven to be undeniably available, and therefore should go through the routine procedure without undue delay. Of course, the city's attorneys may try to convince you that Ruedi is just a figment of Metro's imagination and doesn't really exist either, but hopefully by then you will have finally tired of being repeatedly lied to and deliberately mislead by them and let us get on with serving and protecting our community. That brings us to the rather bizarre letter addressed to you and actually signed by the Mayor of Rifle, apparently on December 20. (Exhibit I). In this letter he states categorically that "RVSMD engineer has gone back and reissued an engineering report based on all water available to the RVSMD and using water consumption data which is accepted by the water courts. This engineering report, prepared for RVSMD by their engineer, Western Engineers, indicated that with severe ir- rigation (lawn watering) restrictions, RVSMD has almost enough water to supply the existing 48 taps for domestic use. By no stretch of the imagination does the District have the water to service other development, provide fire flows, or service the existing commercial areas on the south side of the river." No such study exists nor has such a study even been con- templated. We spend money only for items with a demon- strated need. And we see little need today to determine whether our ultimate water service could be 20,000, 30,000, or 50,000 people. • -3- Since we have both stated and documented our position it would seem only fair and reasonable to ask the mayor to do likewise. Therefore, may we respectfully request that either the Mayor present this mythical study and its equally mythical author or that he admit that his signed letter was a deliberate and baseless fabrication and that he further publicly apologize to his fellow council members, the County Commissioners, and the people of the Metro community for his actions. I realize the Metro District's ability to provide comparable municipal services at half the capital expenditure and without a massive bureaucracy is a constant source of embarrassment to some in the City, but that is no excuse for such outlandish behavior. In the meantime we trust that you are beginning to realize the nature of the people that we have been trying to defend our- selves from. They continue to threaten and attack us with their unlimited budget and attempt to mislead you. We, on the other hand, have followed your well-intentioned requests and have sent written requests to each councilperson for a meeting to discuss mutual needs and concerns. We have also sent each councilperson a written proposal for a mutual support and coop- eration agreement. To date we have not received so much as an acknowledgement from a single council person that they even received them, much less an answer or agreement to meet. They have, however, issued an ultimatum to the general public, through the press, to the effect that they would allow our unconditional surrender and eventual dissolution. That may be somebody's idea of "working out a solution" but it certainly isn't ours and I doubt that it is yours either. What more can they do to convince you of their steadfast refusal to pursue any mutually acceptable agreement whatsoever? How long will the safety of our community be held hostage by their continuing attacks and total refusal to even consider following the conditions you have set forth for the OSTF water funding? If you have any conceivable suggestions on how we might proceed in complying with your pre -requisites, please let us know. If you agree that public safety and fiscal responsibility are more important than political compromise then please re-evaluate our request for the tank funding now that we have made every effort to meet your requests. Sincerely, -767+7;27 e7/ PS Copies of this entire package together with the letter enclosed have been forwarded to each city councilperson in the interest of frank understanding. (Exhibit J) -1978 T ece tion iZc .._...1i7a? p - Gfi��F����xt�a�C�s1J OF WATER April 1, 1974 ATTACH. E & r euu' 515 PAGE 21 TIIIS AGREEMENT entered into the day and year above between S.W. ANDERSON & LOLA MARIE ANDERSON as SELLERS and RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT as BUYERS. WITNESSETH: WHEREAS the Sellers own and desire to sell, and the Buyers desire to buy water from W.A. SKELTON DITCH & J.T. PIERCE DITCH or headgate. Now therefore, for and in consideration of the terms set forth below and the MUTUAL promises of the parties hereto, the parties agree as follows; 1) The Sellers shall sell and deliver to the Buyers not more than 15 CFS of water from S.W. Anderson for a period of five years from the date hereof until April 1, 1979. Such water shall be delivered to Buyers at Headgates #1 and ,2. 2) The Purchase price of such water shall be the sum of ten cents per thousand gallons for the first year; Thereafter the price shall be negotiated prior to each annual anniver:�3ry date and this contract shall be amended by a memorandum, siined by the parties hereto and attached hereto setting forth the negotiated purchase price for that year. 3) Payments shall be made to the Seller in quarterly installments beginning three months from the date hereof and continuing each three month anniversary date thereafter, based upon the measured amount of water used multiplied by the applicable per thousand gallon rate for water used during the last three - month period. Cant. Pg. 2 5I5PAGE 22 4) Buyers shall have the right and option to renew this contract for a period of five years from April 1, 1979 to April 1, 1984, based upon negotiated price per thousand gallon rate. Such notice shall be, given in writing delivered to the Buyers at least 60 days prior to the expiration date hereof. 5) Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by either the seller or purchaser as herein provided, then this contract, at the option of the party who is not in default, may be terminated by such party, in which case the nor -default- ing party may recover such damages as may be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated, then all payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser, and the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the seller. In the event, however, the non -defaulting party elects to treat this contract as being in full force and effect, then nothing herein shall be construed to prevent its specific performance. 6) Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assigns of said parties. au -D r„.4„ ircP /rynQr `, Purchaser's Address Seller's Address i WATER DEVELOPMENT COMPANY Recorded at o'clock 288186 Reception No. . Z,=p I 1978 A1TACH . A E;ov5 1 5 PAGE 23 Ella Stephens. Recorder AGREEMENT THIS AGREEMENT, Made and entered into at Rifle, Garfield County, Colorado, this 24/12 day of September, 1975, between RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT, a municipal district organized under and by virtue of the laws of the State of Colorado, of Garfield County, Colorado, party of the first part, and the WATER DEVELOPMENT CO., A Joint Venture, of Gunnison County, Colorado, party of the second part. WITNESSETH: WHEREAS, the Improvement District is in the process of improving and developing a water system necessary to develop, treat and distribute an adequate and reliable supply of potable water to its consumers; and, WHEREAS, the Improvement District requires for the accomplishment of the foregoing purposes the availability of an adequate quantity of suitable water, and it is desirous of obtaining such water and water rights; and, WHEREAS, the Improvement District is in the process of securing financing to acquire the water required by it and is desirous of negotiating with the Water Development Co., as well as with any other water owner who has water available sufficient to fulfill its needs and requirements, and to acquire water under terms and conditions deemed by it to be reasonable; and, WHEREAS, the Water Development Co. owns or is in the process of acquiring as much or more water as is necessary to supply the Improvement Districts needs; and, WHEREAS, the Water Development Co. is willing to sell said water to the District provided it can obtain the necessary legal authority to deliver said water to the intake of said water system and provided it can agree with said Improvement District as to the terms and conditions of said sale; and, WHEREAS, both parties recognize and acknowledge that each of them must accomplish a certain amount of preliminary work before they can seriously negotiate with each other for the purchase and sale of the water necessary to supply the. Improve— ment District's needs. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein contained, THE PARTIES AGREE: 1. The Water Co. will promptly commence to obtain a sufficient amount of water, up to 15 cubic feet of water per second of time, to adequately and fully satisfy the present and future needs of the Improvement District. 2. The Water Co. shall take prompt steps to obtain the legal authority to change the point of diversion from its present location to the headgates of ditches from which said water can be withdrawn from the Colorado River for placement into the water system of the Improvement District. 3. Until such time as a final agreement can be made and entered into concerning the purchase and sale of said water, the Improvement District will allow the Water Development Co. to withdraw said water through its water facilities and will cooperate with the Development Co. in putting said water to beneficial use in connection with its uses and purposes. So bOU515 PAGE 24 long as the use of said water through its facilities does not interfere with its purposes, it will continue to allow the water to be withdrawn and utilized over and above any water required by the Improvement District until such time as the Water Development Co. can remove said water to a different location where the same may be put to beneficial use. 4. The parties mutually agree that they shall cooperate with each other towards developing an adequate supply of water for the Improvement District under prices, terms and conditions which are mutually agreeable. 5. Nothing in this agreement contained shall be con- strued to prevent each party hereto from negotiating with third parties for the acquisition of water or the transfer of water by either party, nor shall it be construed as obligating either the Water Development Co. to deliver to the Improvement District any certain quantity of water nor obligating the Improvement District to acquire any specified amount of water from the Water Development Co. 6. All notices and communications required hereunder shall be in writing and shall be sent by registered or certified mail to the parties involved at the following address: PARTY OF THE FIRST PART: Rifle Village South Metropolitan District goat )Lt50 PARTY OF THE SECOND PART: Water Development Co. c/o P. C. Klingsmith 110 East Virginia Avenue P. 0. Box 179 Gunnison, CO 81230. Notice shall be deemed given properly when mailed to the above addresses. Either party may change his address by giving written notice of the change to the other party. 7. It is agreed that if any action is brought in a court of law by either party to this agreement as to the enforce- ment, interpretation or construction of this agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees as well as all costs incurred in the prosecution or defense of such action. 8. This Agreement is entered into at Rifle, Garfield County, Colorado, and it is agreed that the proper. jurisdiction and venue of any action pertaining to the interpretation or enforcement of this agreement shall be in the District Court of Garfield County, Colorado. 9. It is understood and agreed that this agreement shall be binding upon the heirs, personal representatives, suc- cessors and assigns of the parties hereto. • bour;5 L 5 PAGE 25 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. • RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT by (Party of the First Part) WATER DEVELOPMENT CO., Joint Venture Memb (Party o he S:cond Part) 1 1978 �'94/o clock......./ ...... �. .....SEF ... .... at........ hens. Recorder 2881.8'7 Ella Step Reception N o .------------------~ AGREEMENT FOR SALE OF WATER THIS AGREEMENT made and entered into this 9th day of September, 1977, by and between S. W. Anderson and Lola Marie p herein Anderson, of the County of Garfield, State of Colorado, referred to collectively as Seller, and the Rifle VillageSouth Metropolitan District, Garfield County, Colorado herein to as buyer. ATTACH. C 30UK 5 15 PACE 26 RECITALS • eller has developed and now owns several springs'and 1. S located tures the runoff a ditch which cap from such springs, T.6S., R.93W., westerly of the SE Corner of the NW 4fineCtion 'supply water to Garfield County, Colorado, that is being used to several homes in the Anderson subdivision, through an existing pumphouse and water distribution system. 2. Said ditch, pumphouse, water distribution system and the homes being supplied water therefrom are located within the boundaries of the Rifle Village South Metropolitan District. 3. Buyer, who already owns the water distribution wsystem he located in the ground, wishes to purchase from Seller r and any easements necessary to being supplied from said springs,ditc'n, be purchased from Seller for the location of said springs, diem, and pumphouse, meter, storage facilities, watedtSeller's land, syst any appurtenances thereto, which may be located upon and Seller wishes to sell such water and easements to Buyer; NOW, THEREFORE, THIS AGREEMENT: promises hereafter For and in consideration of the mutual p set forth, the parties hereto mutually agree as follows: SECTION ONE DESCRIPTION OF PROPERTY TRANSFERRED 0) For and in consideration of the sum of ten cents Seller per one thousand (1,000) gallons, to be paid by BuYer toer and as provided in this agreement, Seller will sell to Buy Buyer will buy from Seller: a) A sufficient quantity of water delivered to the Buyer's intake system from the above described springs andsditclt h to supply domestic water to those residences and structure and to be built within the Anderson Ranch. Seller thereserves the right to the overflow from said intake system for purpose irrigation. b) Sellers right, title and interest in and to the following: -1- e bUUK 515 PAGE 27 1) The pumphouse, pump, motor, and motor control used in connection with the springs and ditch; 2) The electric circuit running to said pump - 3) The two-inch pipe serving the subdivision; c) The right to enter upon land on which the ditch and pumphouse are located including an area of fifteen)fe-et on each side of such intake system and pumphouse, in order to service such intake system and pump. SECTION TWO DURATION OF AGREEMENT The parties hereto agree that the term of this Agreement/' , ksc din., ',ve(4Yea.s, C1 C! shall be for an indeterminate period of ?ime^from the date of ✓//f this Agreement. If Buyer, or its successor or assignee shall purchase or develop its own water supply and distribution system different from that water supply and distribution system being purchased under this agreement, so that Buyer is thereafter no longer in need of the water subject to this Agreement, the obliga- tion of Buyer to make further payments hereunder, or to utilize or purchase water from Seller hereunder shall terminate, and Buyer may thereafter retain as its property all the personal property herein sold to Buyer. However, Buyer must give sixty days written notice of such intention to cease purchase of Seller's water hereunder to Seller. house; SECTION THREE INSTALLATION OF METER The Buyer shall install, or cause to be installed, at its sole cost and expense, a water meter at the pumphouse to measure the quantity of water being delivered to Buyer from the subject springs and ditch. Such meter shall be maintained by Buyer, and shall remain Buyer's property for the duration of this Agreement. Upon termination of this Agreement, Buyer shall be permitted to remove said meter. SECTION FOUR MAINTENANCE OF PROPERTY Buyer shall keep and maintain the properties sold or leased to or installed by Buyer under this Agreement in good condition and repair, and shall pay all costs and expenses incurred in connection with the maintenance, repair, or opera- tion of the property. SECTION FIVE ASSIGNMENT This agreement shall be freely assignable by either -2- - bJUK 5 15 PAGE 28 party, and shall be binding on and inure to the benefit of the successors and assign of the parties. SECTION SIX PAYMENT Buyer shall pay to Seller the amounts due Seller hereunder, pursuant to the price set forth in SECTION ONE and the metered volume of water determined per SECTION THREE, in quarterly payments, as determined by Buyers reading of the meter installed. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first above set forth. BUYER: SELLER: Rifle Village South Metropolitan District e P S. W. Anderson 7 be airman omer B.. BY ATTEST: ., Sec -L' ary BOARD- r,EMBE.RS : -3- Lola Marie Anderson aaceD t.,o:1c ti0 . BOOK 526 ?ATE 83 SUPPLEMENTARY WATER AGREEMENT in addition to, and for clarification of the existing contractual agree- ment dated September 9, 1977, entitled "Agreement for Sale of Water" between S. W. Anderson and Rifle Village South Metropolitan District (Metro), the following items are hereby specifically understood and agreed to: 1. Metro agrees to purchase and install such pipe and electrical components as it may deem necessary to facilitate the trans- mission of additional water from pump station #1 (well #1) to the Anderson Spring shown on the attached map. 2. Such installation to be owned by, and the sole responsibility of Metro. Metro agrees to pay the cost of electricity and/or propane 3' which may be required for pumping such quantities of water as um Metro may require, in writing. Any costs incurred for pumping 9 water above the amounts authorized and demanded in writing by Metro shall be paid for by Mr. Anderson or his assigns. 4.Mr. Anderson agrees to provide the following: (a) A guaranteed clean, potable and tested "safe" source of water at or near the existing pump station #1. attached map.) engine -driven pumping system capable of (b) An auxiliary g (see delivering in excess of 400 GPM to Metro's intake attached map), such system to be available for use by Metro as needed and available to S. W. Anderson remainder of the time for irrigation purposes. (c) Guaranteed access to the well, pumps, transmission lines and appurtenances for such repair, maintenance, inspections, and operation as may be deemed necessa"y by t°I tro. (d) 1-t is mutually agreed by both parties that the 60 GPM pump and transmission system to the etrintake shall be solely for the purpose of supplying Potabie ter to Metro and no other taps on that system or uses of that water shall be made without prior written consent of both parties. (Except as provided in item 5 below.,) BOOK 526 ME SG (e) Any easements or right of ways needed to serve water to Anderson subdivision. 5. Metro shall have the option of providing fire taps on the transmission lines between the well and their intake or other points. Emergency use of such taps shall not require written authorization for additional water or pump utilization. 6. In consideration of the above terms and conditions and agreements, and for the fee of ten cents per thousand gallons as set forth in said September 9, 1977 agreement, Mr. Anderson agrees to provide such quantities of water to the Metro intake (in addition to the total spring flow) as Metro may deem in writing to be necessary to meet its needs up to a rate of 60 GPM continuous flow and 400 GPM additional during peak demand periods as determined by Metro. 7. This agreement shall be freely assignable by either party and shall be binding on and inure to the benefit of the successors and/or assigns of the parties. RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT BY: : (lid)0 "mer Abei Presides ".S. W. Anderson Lola Anderson GOLDEN SPUR DEVELOPMENT COMPANY' Jolf► M. Lyons, Pre5,ident heir interests may appear. Recorded at o'clock M, Reception No. Recorder. ATTACH. D S. W. Anderson and Lola Marie Anderson whose address is 0016 Reinington Street County of Garfield , State of Colorado , YIMCatalk.tiC!,1214ifixrf Ten Dol 1a and other valuable considerations Yo14141{Mcin hand paid, hereby sell(s) and convey(s) to Rifle Village South Metropolitan District 0275 332 Road, whose legal address is Rifle , Colorado , and State of County of Garfield rs County of the following real property in the , and State of Colorado, to wit: A circular tract of land with a diameter of 166.00 feet situated within the NEiNE 4 of Section 19 and the NWkNW; of Section 20 all !in Township 6 South Range 93 West of the 6th Principal Meridian, described as follows: .Commencing at the Southwest corner of Section 17 in Township 6 ;South, Range 93 West of the 6th Principal Meridian, thence S 03°23'29" E 593.15 feet to the center of said 166.00 foot diameter circular parcel of land. Together with an easement 30 feet in width to be used for ingress and egress and installation of utility lines and services, the center line of which extends from the point of the location of the water well within the above described property to the Southeast corner of the Grantee's sewer plant property. H Also, conveys Anderson Well #2 and water rights adjudicated thereto 'by decree entered in Case number W-1310 in the District Court in and for Water Division Number 5, State of Colorado, on March 19, 1973 which consists of an absolute decree for 1.0 cubic foot per isecond of t m and a conditional decree for 3.96 cubic feet per ist�d1`"►x"i�4tiRx'�3k second of time. 11 it with all its appurtenances, and warrant(s) the title to the same, subject to prior reservation of oil, gas and other minerals as contained in Book329 at Page 168 of the Garfield County Records and to 1982 taxes payable in the year 1983 and thereafter. Signed this Z Z day of STATE OF COLORADO, County of Garfield March ss. , 19 82 . W. Anderson Lola Marie Anderson The foregoing instrument was acknowledged before me this , 1982, by S. W. Anderson and Lola Marie day of March Anderson. My commission expires My CQmrnsicn Expires Mar 23,1134 Witness my hand and official seal. Notary Public 1 No. 897. Warranty Deed—Short Form - Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 8(1214-1303) 233-6900-78-81 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-1310 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF SAMUEL WOODROW ANDERSON IN THE COLORADO ) RIVER IN GARFIELD COUNTY RULING OF REFEREE FILED IN WATER C3U :T 3 Divi; o No. :, DECi21972 STATE OF COLORAO:` WA ICI! cLG. BY nt ••i' The above entitled matter having been referred to the undersigned as Water Referee for. Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 12th day of July, 1972, in accordance with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruli:.y as the Referoe in this matter, to -wit: 1. The statements in the application are.truo. 2. The name of the structure is Anderson Well No. 1. 3. The name of claimant and address is: Samuel Woodrow Anderson, Route 1, Box 140, Rifle, Colorado. 4. The source of the water is a well having a depth of 16 feet. 5. The well is located in the SW 1/4 SW 1/4 of Section 17, T. 65., R. 93W. of the 6th P.M. at a point whence the Southwest Corner of said Section 17 bears S. 60'31'27" W. 804.90 feet. 6. The proposed use of the water is domestic, irrigation and all other beneficial uses. 7. The date of initiation of appropriation is August 1960. 8. The amount of water claimed is: Absolute - 1.5 cubic feet per second of time: Conditional - 3.46 cubic feet per second of time. 9. The we.11 is not registered in the Office of the State Engineer. 10. The applicant has applied 1.5 cubic feet of water per second of time since August 1960 to the above uses. 11. Applicant intends to enlarge the facility and apply an additional 3.46 cubic feet of water per second of tims to the above -uses. The Referee does therefore conclude that the above entitled application should be granted and that an absolute decree for 1.50 cubic feet of water per second of time and a conditional decree for 3.46 cubic feet of water per second of time is hereby awarded to the Anderson Well No. 1 for domestic, irrigation and all other beneficial purposes, with appropriation date of August 31, 1960, subject, however, to all earlier priority rights of others, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. As to the 3.46 cubic feet of water per second of time condition- ally awarded, an Application for a Biennial Finding of Reasonable Diligence shall be filed in June of 1974 and in June of every second calendar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to Section 148-21-20 CRS 1963 as amended (1971). It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division:Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this /2?/ -12 day of 1972. I:o protost :aa filod in thta cattor. Tho forcgoing ruling, is confirmed a:, :.; rovod, and is mudo the Juc.,;ment and Decree of thi3 court. ated: A.l fj //j Wntor Judgo BY IltE REFEREE: Waxes Referee War Division No. 5 State of Colorado Se Recorded at 2684.15_ Ella Stephens. Recorder o'clock SEP 5 1 14. lieception No. w ATTACE . B b�Jcn 5 15 SAG€ 7O March 13, 1975 i #� curw John Todd, President Rifle Village South Metropolitan District Rifle, Colorado Dear Mr. Todd: In view of the eminent consideration fythe sdistrict o f the question of authorizing the issuance Btocicommence ce construction of facilities as contemplated in the preliminary plan as drawn by Meurer, Sarafini and Meurer, it is appropiate at this time to make Water Rights available to the district. Therefore, I will grant the district an option to purchase appurtenant to my lands within the all of the Water Rights district boundaries upon the reciept of $500.00. Said option to contain the following provisions asa minimumA. The district shall diligently proceed its expense, to have the existing water decrees changed from the present use to domestic or other uses appropiate to the district. B. That the price to be paid for these rights shall be determined if and at the time such decrees are entered by the proper court. The price to be calculated as a function of the quantity of water such decrees finally make available for purposes of the district, and shall be arrived at by apprias- al by three professional appraisers with at leastth 10 years experience in Colorado Water aandteror with the district to select one app my nominees to select one appraiser, and the two appraisers so selected to agree on the third ap- praiser. The price shall be establised as the average of the three appraisals. C. The purchase price shall be paid on terms of at least 207 down and the balance over no more than 20 years at market interest rates. Please advise by resolution as soon as possible if the board wishes to accept this offer. Sincerely, S.W. Anderson Rifle, Colorado ATTACH. I 44—f re -lit C wawa December 20, 1983 Garfield County Commissioners P.O. Box 640 Glenwood Springs, CO 81602 Re: Oil Shale Trust Fund Grant for Expansion of Wastewater Treatment Plant Dear Sirs: As you are aware, Rifle was allocated $2 million for expansion of -the Wastewater Treatment Plant (WWTP). To date, $150,000 has been assigned to the City Hall furnishings and $650,000 to water upgrades north of the Colorado River. There remains $1.4 million allocated to the City of Rifle which is not under contract at this time. We have previously come before you with a request to use these monies for a new sixteen inch water line crossing of the Colorado River and reconstruction of the Beaver Creek Water Treatment Plant. At the time that the request was made, Rifle Village South Metropolitan District (RVSMD) raised objections to our change in use of the funds on grounds that it would create competing service for water supply. The Commissioners indicated that the funds would be frozen until the disputes with RVSMD were resolved. We have met with the water attorney and water engineers from RVSMD several times. The City of Rifle has supplied their engineer with data from our water billings, including the use of an office, and access to water use information. The RVSMD engineer has gone back and re -issued an engineering report based on all water available to the RVSMD and using water consumption data which is accepted by the water courts. This engineering report, prepared for RVSMD by their engineer, Western Engineers, indicated that with severe irrigation (lawn watering) restric- tions, RVSMD has almost enough water to supply the existing 48 taps for domestic use. By no stretch of the imagination does the district have the water to service other developments, provide fire flows, or service the existing commercial areas on the south side of the river. We would like to renew and reiterate our request that $1.2 million be re -allocated for the Beaver Creek plant and the main crossing of the Colorado River. I believe that our reasons for needing these improvements have been amply described in the past. However, I would like to stress that the commercial development south of the river is a direct oil shale impact. The City of Rifle is the only entity in any position to be able to supply water to the area for domestic and commercial use and to provide fire protection. We believe that it is imperative to complete these improvements to protect the health, safety and welfare of the citizens of Rifle and Garfield County. 337 East Avenue P.O. Box 1908 Phone 625 - 2121 Rifle, Colorado 81650 g moo HOME OF "OIL SHALE" U.S.A.c Page 2 Garfield County Commissioners OSTF - Wastewater Treatment Plant December 20, 1983 The present eight inch water crossing is old and in very poor condition. This water main is leaded joint cast iron pipe. The joints are leaking badly and the structrual integrity of the pipe is questionable. This main must be replaced as soon as possible to protect the developments south of the river. The Beaver Creek Treatment Plant is a water plant which processes water from Beaver Creek. This plant operates on a gravity system and since the water is very celan, it operates with very little power usage. The refurbishment of the plant also will reconstruct the existing 650,000 gallon water tank. The additional storage will help to provide fire flows to the south side of the river as well as assure an alternative source of water for the City. The City is therefore respectfully requesting the release of $1.2 million for construction ofthe projects outlined above. Thank you for your attention to this matter. Sincerely, l :a6Cid.L eorx- E. Mitchell Mayor, City of Rifle ik