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PAY TO THE
ORDER OF ,
WORLD SAVINGS'
AND LOAN ASSOCIATION
• 1901 Harrison Street
Oakland, California 94612
CASHIER'S CHECK
Print Purchaser's:
Name __
Address - -
' / Purchasers Signature �.
103 II208474
DATE
907039
3211
D
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TWO SIGNATURES REQUIRED ON CHECKS OF $10,000.00 OR MORE
Notice T93St_rcLaser• Payment of this check cannot be stopped by the
purchaser. If it is lost, stolen, or destroyed, you may request cancellation
and reissuance. However, as a condition to reissuance, you may be required
to pay a fee and to provide World Savings with an indemnity bond.
RECEIPT Date 19W
Received From Ci 4.86-1-z.
Address C7151- 91) /S2-
Cit444-002 Jt'(is 60 81601 -
For 1-Y4d
0321i
Dollars $
L.Y
ACCOUNT
AMT. OF
ACCOUNT
AMT. PAID
BALANCE
DUE
BK800 iE c ,n
CASH
CHECK
MONEY
ORDER
HOW PAID
By
•
"Protect your most valuable possession -WATER"
Colorado Water Rights Analyst
Registered Professional Engineer
RAY D. WALKER, P.E. • 3125 Highway 13 • Rifle, Colorado 81650 • Phone: (970) 625-3260
June 1, 1996
C. A. (Bud) Betz and Ida P. Betz
0355 County Road 132
Glenwood Springs, CO 81601
Re: well permit and plan for augmentation
Dear Bud,
Please find enclosed copies of the first and last pages of the
standard contract for West Divide Water Conservancy District.
Also, find enclosed a copy of the application and data form to
lease the water you need for your new well from West Divide. I
certainly appreciate the effort you and Ida went to to get the
documents signed and notarized so that I could get them submitted
before the West Divide Board meeting on Monday, June 3rd.
When I picked up the signed forms from you Thursday afternoon,
I left you a copy of the proposed court application for a plan for
augmentation utilizing your own water rights rather than those of
West Divide. If the application is successful, you will not have
to pay West Divide the annual fees. At this point, I see no reason
why the use of your own water rights and associated dry -up for
dwelling site and driveway will not be approved.
I am forwarding the proposed court application on to Mr.
Stoddard for his review, comment and submittal to the water court
during the month of June. After September 1, if there are no
objections to the application, the Referee can enter a ruling and
20 days later the Judge can sign the final decree.
In the mean time, you can proceed with the drilling of the
well under a monitoring hole permission (MH permit) which Shelton
Drilling will obtain. If they have any problems getting the MH
Permit, please let me know. You will be functioning under your
West Divide application and contract until the water court rules on
your court application.
If you have any questions or concerns, please do not hesitate
to call me.
Sincerely, ,i
Ray D. Walker P.E. cc Charles Stoddard, Esq.
•
Contract No.
Map ID No •
Date Activated.
APPLICATION AND DATA FORM
TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANT _[
Name G, /9, S -/ e
Address 0 355 /\32.- G/ ,�„o�d - � -7J cf/6 “
Telephone Number 97c / 9,S - 6751.
Authorized Agent or Representative
B. WATER RIGHT OWNED BY APPLICANT
Name of Right &fTz2 -eA /ti, IA) e-4/
Type of Structure or Right
po r,. z GJ.Q-/%
Location of Point of Diversion 4/c4.),V o f .4../ 14 o J -
Q f G 7._-_Aj-N , ,0-71 ,/,, y o . =,�- /-/3 S -�-/- -i-..0..., /,/k-0 ,;-'
f� ._.�..,/ Le -;.,,..,"1,--.7"1,--.77' L o (!o 2-erL -1),-...-, -e..5.3 74 „rea ..o ,/
�i-+% e.. . 1.4 ,' ..1:a.,..,/ /j ,f,,/ /..-.....c,,,,..,./4, Je-e.--,74-.o.✓
Water Court Case No.
Well Permit No. �p/,e:� ��-
C. INTENDED USE OF LEASED WATER
Location of Area of Use
Description of Use
i-/
Number of Dwelling Units l
Total Acreage c:), /t,a."-- )4
Proposed Potable Water System /q:Z dab-. „ c.�¢-11
Proposed Waste -Water Treatment System
Projected Monthly Volume of Leased Water Needed in
Gallons:
/e) J'6, a ., m .y l 41,‘"01'4".•"4- -) 7 S� 7
Jan. Feb. Mar. Apr.
June July Aug. Sept.
Nov. Dec.
Annual Total Gallons / 7 7
Maximum Instantaneous Demand
May
Oct.
Acre Feet
gpm
D. OTHER REMARKS C.4::,..v1�,7�
/62 Go- j �7i L -c GC1 c
Date
x
Signature Q
Signature
ate—
•
"Protect your most valuable possession—WATER"
Colorado Water Rights Analyst
Registered Professional Engineer
RAY D. WALKER, P.E. • 3125 Highway 13 • Rifle, Colorado 81650 • Phone: (970) 625-3260
June 1, 1996
C. A. Betz and Ida P. Betz
0355 County Road 132
Glenwood Springs, CO 81601
Dear Bud and Ida,
Please find enclosed copies of the documents that you signed
and had notarized on Thursday.
I appreciate the opportunity to be of service to you. My
charges for services rendered to date are as follows:
05/08/1996 Call from Bud
well for modular - exemption for county $ 75
Burton Ditch right
Travel time (1/2 time & prorated w others)
Mileage
Received check from Bud
Completion of well permit
meeting w Dwight Whitehead
Copies, etc
Call from Bud Re: "other well - state
Calculations for exempt uses
Call to Bud - get West Divide contract
Meeting w Janet of West Divide
West Divide fee for forms (applies to
Meeting w Bud and Ida
Meeting w Dwight Whitehead
Delivery of contract to West Divide
Check tabulation of water rights
Do Plan for Augmentation
Call to Stoddard
Letter from West Divide
Call to Janet @ West Divide
Call to Bud
Call to High Country Engineers - Harrington
FAX from High Country Engineers
Travel to Glenwood get forms signed,
Mileage
Complete new forms
To West Divide Office deliver forms
Letter to Bud and Ida
05/09/1996
05/23/1996
05/24/1996
05/28/1996
05/30/1996
06/01/1996
25
10
-250
55
50
5
knows" 20
20
10
15
app fee) 25
10
35
10
10
420
5
N/C
10
N/C
5
5
meet deadline 25
10
40
5
20
Total due $ 670
Sincerely
Ray D. Walker P.E.
• •
Contract
Map ID #
Date Activated
WEST DIVIDE WATER CONSERVANCY DISTRICT
Name of Applicant:
Water Allotment Contract
Quantity of water in acre feet
0
Applicant, hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et seq., (hereinafter referred to as the
"District") for an allotment contract to beneficially and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District. By execution of this application, and
subsequent delivery and use of water, Applicant hereby agrees to
the following terms and conditions:
1. Water Rights: Applicant shall own water rights at
the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented by water leased herein.
If Applicant intends to divert through a well, it must be
understood by Applicant that no right to divert exists until a
valid well permit is obtained from the State Engineer.
2. Quantity: Water applied for by the Applicant in
the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and
when water is unavailable for diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
flow water right is not in priority, the District shall release
for the use of Applicant up to said quantity in acre-feet per year
of storage water owned or controlled by the District. It is
understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the
priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity
allotted will only be provided so long as water is available and
the Applicant fully complies with all of the terms and conditions
of this contract. The District and the Applicant recognize that
some of the District's decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direct flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. It
at any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount of water allotted under this contract
shall be reduced permanently in accordance with such notice.
Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District spall be used for
the following beneficial use or uses: Municipal, domestic and
related uses, or irrigation and commercial (except to the extent
that Ruedi water may not be available for irrigation and
commercial as those terms are defined on page 5 of Contract No.
2-07-70-W0547 between the United States and the West Divide Water
Conservancy District). Applicant's beneficial use of any and all
water allotted shall be within or through facilities or upon land
owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by
the District out of storage from Ruedi Reservoir, or other works
or facilities of the District, or from other sources available to
the District, shall be delivered to the Applicant at the outlet
works of said storage facilities or at the decreed point of
-1-
19. Binding Agreement: This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled "Application for Purchase of Waters from the
West Divide Water Conservancy District" fully completed by
Applicant and approved by the District's engineer. Said
attachments shall by this reference thereto be incorporated into
the terms of this agreement.
20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN
ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE
WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
APPLICANT: APPLICANT:
774- Pff
APPLICANT ADDRESS.
0 3 5-6- RS. (,3 2_
STATE OF COLORADO
Ss.
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me on
this 50"/ day of t -/Ay , 19`E6/, by (1. p_ 9-- rpA l367T2--
Witness my hand and official�seal.
My commission expires:' 'k COMnlession exPirlas
February 25,
, to a��,
Ctu�
Notary Public
ORDER
After a hearing by the Board of Directors of the West
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract
shall be and is accepted by the District.
ATTEST:
WEST DIVIDE WATER
CONSERVANCY DISTRICT
By
President
Secretary Date
This contract includes and is subject to the terms and
conditions of the following documents which must accompany this
contract:
1. Map showing location of point of diversion (use map
provided)
2. Application and Data Form fully completed and
signed
3. Other
-5-
DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO
Case No. 95CW
APPLICATION FOR UNDERGROUND WATER RIGHT AND PLAN FOR AUGMENTATION
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
C.A. BETZ AND IDA P. BETZ
IN GARFIELD COUNTY, COLORADO
Name, address and telephone number of Applicants:
C. A. Betz and Ida P. Betz
0355 County Road 132
Glenwood Springs, CO 81601
(970) 945-5154
c/o Charles M. Stoddard
Attorney for Applicants
P.O. Box 169
DeBeque, CO 81630
(970) 283-9878
FIRST CLAIM
UNDERGROUND WATER RIGHT
1. Name of Structure: Betz Domestic Well
2. Legal description of point of diversion:
Betz Domestic well is located in the NW4NW4 of Section 6,
Township 6 South, Range 89 West of the 6th P.M., at a point 435
feet from the north section line and 4200 feet from the east
section line of said Section 6.
3. Source: Said well is tributary to the Colorado River.
4. Date of appropriation: February 15, 1996.
How appropriation was initiated: By letter to Garfield County
and an intent to appropriate.
Date water applied to beneficial use: N/A
5. Amount claimed: 0.033 c.f.s., Conditional (15 gpm)
6. Use: In-house domestic use in one single family dwelling
• •
7. Depth of well: approximately 200 feet
8. Well permit applied for.
9. Name and address of owner of land on which structure is
located: Applicants.
SECOND CLAIM
PLAN FOR AUGMENTATION
Applicant's engineer has determined that the consumptive use
associated with the in-house domestic use in one single family
dwelling equates to 0.003 acre foot (AF) per month based on 3.5
persons per dwelling utilizing 100 gallons per day each and a 10%
consumptive use factor utilizing the central sewer system provided
by the West Glenwood Sanitation District.
SOURCES OF AUGMENTATION WATER
Applicant claims a one-sixth (1/6th) ownership in the Burton
Ditch Priority No. 48 A for 0.40 c.f.s., as decreed on May 11, 1889
by the Garfield County District Court with an appropriation date of
June 20, 1885, for irrigation purposes.
Applicant proposes to dry -up an area of 2900 square feet
(1/15th acre) which has historically been irrigated with Priority
No. 48A from the Burton Ditch. Said dry -up will occur due to the
construction of a driveway and dwelling location. Applicants have
historically irrigated approximately 2.0 acres with their 1/6th
interest in the Burton Ditch. Applicant will dedicate 0.002 c.f.s.
of said Priority No. 48A to this plan for augmentation.
Applicants' engineer has determined that the dry -up of 2900
square feet will result in consumptive use credits as follows:
Month Consumptive Use
Credits in AF
April 0.004
May 0.025
June 0.032
July 0.030
August 0.019
September 0.017
October 0.005
Page 2
• •
DESCRIPTION OF PLAN FOR AUGMENTATION
During the months of April through October the consumptive use
associated with the domestic in-house use from the Betz Domestic
Well will be off -set with the consumptive use credits as a result
of the dry -up of the 2900 square feet removed from irrigation under
the Burton Ditch. During the months of November through March, the
Betz Domestic Well will divert under its own priority awarded
herein.
ALTERNATIVE SOURCE
If in the event the above described plan for augmentation is
not approved, at those times when the Betz Domestic Well is not in
priority releases will be made as described above from Ruedi
Reservoir or Green Mountain Reservoir.
Applicant will contract from the West Divide Water Conservancy
District for up to 0.04 acre feet of water from Ruedi Reservoir
whose source is the Fryingpan River and it's tributaries. Ruedi
Reservoir is an on channel reservoir located in the NW4NE4 of Sec.
18, T 8 S., R 84 W., of the 6th P.M. Ruedi Reservoir was
originally decreed for 140,697.3 AF in Civil Action No. 4613,
Garfield County District Court on June 20, 1958, with an
appropriation date of July 29, 1957, for hydroelectric power
generation, irrigation, municipal, domestic, industrial,
piscatorial, and stock watering uses. Subsequently, in Case no. W-
789-76, Water Division No. 5, the amount of water decreed to Ruedi
Reservoir was reduced from 140,697.3 AF to 101,369 AF. An
expected transit loss from Ruedi Reservoir to Rifle, Colorado of
one (2) acre foot (10%).
Applicants' contract may include up to 0.04 acre feet of water
from Green Mountain Reservoir to cover the consumptive use losses
and transit losses.
Green Mountain Reservoir is located on the Blue River in
Summit County, Colorado, tributary to the Colorado River. Said
Reservoir was decreed 154,645 acre feet of water with an
appropriation date of August 1, 1935, in U.S. District Court for
Colorado in Consolidated Case Nos. 2782, 5016, and 5017.
WHEREFORE, the Applicant requests that the above described
requests for underground water right and plan for augmentation be
approved by the Court.
Page 3
By
Charles M. Stoddard #251
Attorney for Applicants
P.O. Box 169
DeBeque, CO 81630
(970) 283-9878
STATE OF COLORADO
COUNTY OF GARFIELD
• •
)
)
)
VERIFICATION
ss.
I, Ray D. Walker, P.E., Engineer for Applicant, state under
oath that I have read this Application and verify it's content.
Subscribed under oath before me on
My commission expires:
Notary Public
Received from:
PAN
JOHN C. OHART & CO.
•
J \i||} \
-
LA
\| \
^35NORTH AVENUE
• PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501
ANALYTICAL REPORT
C. A. Betz
0355 County Rd 132
Glenwood Springs, CO 81601
1458 water
cvmomomo. uM"muoynm Sample
5/9/96 5/13/96
Dee Received Date Reporte
Lab number 1458 Limits for Drinking
Sample ID Domestic Well Colo. Dept. Health
Suggested
Sodium(Na)
Calcium(Ca)
Magnesium(Mg)
Potassium(K)
Chloride(Cl)
Sulfate(804)
Phenol. Alkalinity(CaCO3)
Total Alkalinity(CaCO3)
Dissolved Sol ds
Hardness (CaCO3)
pH
Conductivity@25 deg. C
Total Coliform Bacteria
37 mg/1
83 mg/1
31 mg/1
2.8 mg/1
7 mg/1
103 mg/1
0 mg/1
283 mg/1
664 mg/1
332 mg/1
941 umhos/cm
0 colonies
/100ml
20 mg/1
no official limit
125 mg/1
no official limit
250 mg/1
250 mg/1
no official limit
no official limit
500 mg/1
200 mg/l
no official limit
no official limit
0 colonies
/100ml
Lab Dir.: Brian S. Bauer
4A\
JOHN C. *HART & CO.
-
JJ � . . L. . .
At
435 NORTH AVENUE • PHONE (970) 242 7618 . FAX 243-7235 • GRANDJUNCTION. COLORADO 81501
NOTES on sample # 1458
Your water tests show levels exceeding drinking water limits for:
Sodium: This would be of concern for those on sodium -restrictive diets,
and would have to be accounted for in daily intake - 37 milligrams
Sodium for each liter of water consumed. (A recommended daily intake of
Sodium is 3,000 milligrams for an adult.)
Dissolved Solids: Consisting primarily of Sufate and Alkalinity in this
sample, this is a total reading of all salts actually dissolved into the
water, that simple filtration will not alter. It is above limit, but
not extremely high. There is not limit for Alkalinity itself; it is
not Yr -town to cause haalth problems alone.
Hardness: Can cause mineral buildup and necessitate the use of large
amounts of soap for cleaning.
Though the above factors are above suggested limits, this would be considered
a fairly good drinking water.
In household use, plumbing problems may occur due to hardness.
JOHN CADPHART& CO'
\
\i|
.u.
\ LA
435 NORTH AVENUE • PHONE 'ero)u42-rs/e • FAX 243 7235 • GRAND JUNCTION. COLORADO a15o/
NOTES on sample # 1458
Your water tests show levels exceeding drinking water limits for:
Sodium: This would be of concern for those on sodium -restrictive diets,
and would have to be accounted for in daily intake - 37 milligrams
Sodium for each liter of water consumed. (A recommended daily intake of
Sodium is 3,000 milligrams for an adult.)
Dissolved Solids: Consisting primarily of Sufate and Alkalinity in this
sample, this is a total reading of all salts actually dissolved into the
water, that simple filtration will not alter. It is above limit, but
not extremely high. There is not limit for Alkalinity itself; it is
not known to cause health problems alone.
Hardness: Can cause mineral buildup and necessitate the use of large
amounts of soap for cleaning.
Though the above factors are above suggested limits, this would be considered
a fairly good drinking water.
In household use, plumbing problems may occur due to hardness.
A pump test was done for C. A. Betz at 0355 132 Road, Glenwood
✓prangs,
CO, on July 19, 1995. The well was 132' deep, the test
pump was set at 100' and a 5 GPM orifice was installed. Static
water level prior to test was 36' 4", the test was started and the
water level drew down to 49' 1" after 27 minutes, at which it
stabilized and remained at this point for the remainder of the final
32 hours of the test. In conclusion, after the 4 hour test 83'
of available draw down was remaining, therefore it is our opinion
the well is making well in escess of 5 GPM.
❑ Please Reply ❑ No Reply Necessary SIGNE� \
hoicizrz Ea9L ���fL 2 e0 .
P.O. Box 475
Frisco, Colorado 80443
(303) 668-3564
To C. A. Betz
0355 132 Road
Glenwood Spgs. , CO 81 601
MEMO
Date July 221 1996
Subject Pump Test
LETTER
• L(.T
•
A PAPCLL OF, '••• 71101P.
RANGE 8.9 VEST MERIgAis, CC.A.A7-.;" Di.: :SARRE') D;
SA 1E -Cr.: COLORADO; •$A1:: 'SONG SELSOR;BED AS
OLL0W:
BEC,IN'N!NG .AT A REBAR AND CAP, PLS 7972 AT TI EASTERLY LINE OF THAT- •
1-"ROPER1Y DESCR!EID ll 800K 643 AT PAT:- 6'3C T CARFIE C3:).;Tsit PECORS
FF.F(.4:4 FO;,.:THWE-7 CCPAFT: 'TANSHP ,2C 8
WT 0 THE SIXTH PRINCIPAL M.E.R1D:AI, CAP STANDAR, Y.ONUMENT
IN PLACZ, BEARS N.18'44'47"W. A 5.7.-TANc.E OFFEET; THEN
5.8612%37E. A OtSTNIcE, Or 263.32 flET TO A RE:i.Ak AND CAP. PLS # 2903.0;i•-•
THEN N.7210)A DISTANCE- OF 131.18 FEET (MOM WHICH i:#,E§AR AND • 0
CAP, IE!LS # 2E430, W"NESS CORNER BEARS S.721000r* A DISTANCE OF 10.60
Ti a28'203001E..:A D!STANCE.;-:OFO FfIT'TO A REBAR AND CAP.
PI,S 2X130:: ThIENS.26'20%:*"*....-. A DISTA.NCE:'OF 160,05 FEET TO A R171 -(AR '
AN) CAP, .PLS # 29030;; THEN S.Q216:0crE. A DISTANCE OF 3.62 FEET TO A
AND CAP, PLS # 29030;, 74:WS.79.77.54W. A DISTANCE OF 453 86
FEE r; THEN S.13.06'21.E. A D:SlANCE Q1E:5.04 FFIT T A REBAR AN OAF,
PIS -# 29030; THEN S.89'50'D6"W. A DISTANCE OF 155.54 FEET; THEN
31°2500*W. A NE-2.TANOF. DE 412.93 FET, 1HE BECiNNP•C.r.
PAi?.7.1 MCRE Or. LESS,
WER LINE, 'EASEMENT
S1R:4P OFLAND EN EEET SI1LATED-IN GOYI.FINMDIT LOT 4 OF SECTION ;
,
TOWNSH!P 6 SOUIH, RANGE 89 WESf OF TI -C WTI= PRNCIP-At. MERIDIAN, C-OUNIY•
OF SARTIELD, STATE OF C'OLORADO; SAID PARCEL LYING FiVE FEET o EACH SIDE
OF 114- FOLLOWING DESCRIBED .CENTERUNE AND BEING MORE PARTICULARLY
,
Dt.ziCR:BED AS FOLLOWS:. • '
REOICING,AT A PORT FROWHICH THE SOUTHEAST CORNER OF LOT OF THE BETZ
=SUP_ZtIVION F.Y,LMPTION. REARS N.72 10'00 E. A DI,..-1ANCt OF 86.18 FEET;
..'1 06'031081'W. A DISTANFX OF 67.93 FEET; THEN N.V31.2rE. A DISTANCE
OF 12.12 FEET.; 11.1E4 N.6e7751.E. A aSTANCE' OF 2 28 7:EETi; THEN
2413'42°W. A D!STANa 0 644 FEET: 114EN N.197.-.-3'2"ik. A DrSTANCE
OF 111.12 •FET; THEN' 14.18'42'59W A DiSTANOC Of 1O.{7; FEET; THEN
N.'/533:C.16'E. A DISTANCE OF 4.04 FEE TC 7-1,E LiN7 OF SAID '..OT
7E'rZIONU1-, •.0Y, OT BEARS
!.•.L Icrr-3.:10'A. A C;S-AN0c. T4 TE -1,
e11s/,f,o2) `!/vies:
W fer: S;.>ae /awe Ore ti roe tliia,/, .a?/vcalk! . _r the, 4d6'e
City v1-afer y.A<in 432'G( Wei' 04Z1C)-, So AV; // WOrfc` 1-0 /Ad/ %S°/0/%Oh 141/;-.54 Cr) g r!
Space iri/d %i 4- a,¢ri o v 11 v a c fi ri 7� es /ia vc be r/y y+ o1 / Si; c -c 1957,
sods.
F. A cces3.5b'DTai1/age' %/je s/si/f 41/4YY /errdce 1 ra,ed in <758 rvn n/h Nar"n *t c5ov
(rsf !fest 6f f,-opascd 6v; /dins), A ol,) r ,2G'if" xo‘-'5 1 oil a "v1( tJ aseJ''e7if
Pa).a/e/ ra 9c 6odrd(,)) rrdGeS .6451 side. A evt /n the .5/off/gut w7// be re14/rad
740 jot,Oei d RSewade 8o' /02)41 deed to , cf /be /place, A '9'x .26 sfd,'oure
�no�u(aYJdo;ts IYort/,west Gori,er, The c: c,/ 6ar/k w/// bet-er)-aced ;77
3'X 3 steps, t# -ii tre.ifcc( Posts ¢ hqj.ng, 76c west wall o/' / ba -emeht
011"1-1 the 1.""ce, "IA on //s lyes/ e, The basei„er)t //// have a ce)),cht
�'vr„ice reoPi ¢ d app/c Siora..i5e drec.z on e)d fwa one car giar¢es
separate <1420)-5 yam)// be ;n Me c(ie. A work 51610 dreg 4 passi6/e so/a1-
heal` /Dae/s oh /6a Sovl`// erd, 76e front f area for /de,paruf es iir,'// 6 C dbouf
642/Ago; /evele cJ A /I +South .6 /aped d /i/l/e to -the easf The /oa,/rarrfdreg
lY/// 6c tel-rdccw//6 t,ev/ed 142445 radscdpiw t/>n hers. .The dr,tirczf from
�e roofs ir,l/ be piped NorM so //ie K/aJer ,,,,,// Ge 46sarGed 0)1 the lot.
744 access 7nrolf7 132 1-+o a1 ts-,// be
k/acCi foyer{ f g 1-a c(e c-( ss o th a c-{ )-a/n,es3 S lays
on MG' )• Ope� 1/t/
Recoriendations: #,.4' Wave cot Ile
cox fro/ -rue( b0;ldv1• Dvr,T1te t'e
6i, / d i'/.¢.s/ v i1 )2 1 )41 s t e a d y Por 'f g 411•5.-
R074
' )1S.
p sfrrayed. ilfe ?fel acres /o)'
r•S Z c t?)/ Aa1rTe /'or 7j9a�, y/Ga� s if you do4/
124re.S /au l7dvG tie e problem.
/IV c6) 01- %T// Lc/e/ Creek since Ilse- Ia(l ocol 7, c5 -reel
oz yrac(e of �'�e for 20 4- ?jcvcr
°31- 6r,,vh
1
ary�f'/' /`be s/1 ee.p 310 pe/ Je 1/e We -St /tory 1-s
Stor/n Xl?)s / 'red' /rand Seve»
on /he IreS/ side of
/`eco2ie)'ot2f/vA s: # 3
bur ccve1C, Sage 4I4
clesfroy t'c pad ore
/fa✓e
The-Pe°pre of
se
1/ave
✓e) di
rainG/�ds
/heard
5cni 4- -frock down 71e
(27?/' le. T e. p p c(
Lo- deer p ap u l a f, 011
a(S° f4c17- /arc SeGoo(
rola erns
�zy/ d cGY � a %
Se. 32
?oc#180590
TATE OF COLORADO ) ss CERTIFICATE OF WATER RIGHTS
OF GARFIELD )
I, John S. Woody, Clerk of the District Court in and for
unty of Garfield and State of Colorado, do hereby certify that
n Cause No. ACM in said Court, the following was, on the fifth
ay of September, 1952, adjudged in favor cf THE NGTT NO. 1 DITCH
neer and by virtue of Fourth Enlargemut.
Sitter District Number: 39
$uxx er < f S trt.e tt *re : 84
1ority Number: 243
Claimants: Howard N. Burgin, Eve pitW. Burgin, Albert
.. tority rate: October 15, 1942a Be:nice M. Diann
beolute Decree for: .4 de a :,b'r 7-,,L of water ;ger second of
irsar=: ire f :cr. ?!ix:c_he11":;.-c.,..,..Garf a. 1d County,
Colorado.
nditional Decree for: None
actor of Use: For dooestic plrpnoes and direct irrigation
t was further adjudged: That the total amoltnt of water to which
said ditch is .at AY.: I s+ rtt entiti+:d is 2.5
cubic 'et of water per second of time.
That said .5'• of a cubic foot of time is
divided between irrigation and domestic
uscl opt the basis of.425 of a cubic foot
per _;t_cond of time be nz, 'ised or domait e
dpi 1.~,z all of thoae days Jf eaoh year wh
'LC Is not needed for irrigation.
In ,dit_ness whe.edf, I h,s 1 his.. oun:o se;; azy hnnd and affixed
he s-3-1 :4- 3 tLd Coe::: t 2C G1. 2,;,od Sp.: {_ne,s , in to County of
arfi..ld and State of Coto,:ado, this (.UL day of October, A. D.
352.
(SF \L) JOHN s. WOODY
Clerk of the District Court
TATE OF COLORADO
S5
OUNTT ('F Ca' .'.F IE'.D
I hereby certify that this instrument was filed for record
n my office at o'clock M. 19
a is duly recorded in Book at Page No.
inr. Recorder
iginal instrument recorded at 11:25 o'clock A. M., October 6,
952 in Book 266 at Page 124 of the Garfield County Records.
•
•
The Burton Ditch MAP £ D S ;"AT ':.x' tiT
No.8 By Dated bay i ,18;0
rdp el k. Bets iott S wora to by h!.e cu ids /6,11.90
Doc.#103"2 before Xd 'T. TsA 1 or rotary
�ta:•
y
Pub1 io, Gte.ile16 Cconty,Colo.
Recites that the above pa.,:ty has loc.ated uad claims by location
The Borton Ditch in oumplia.}3ce with the lsN* of t.,a State of
Col crado and melee tha following statements reia.tive thereto:
rleadgate is situate on the rest ba _x of liito';ei1 Oreei at a
point about 5/8 of a mile tbove ita mouth, vAence S. cot r: to
sections 33 and 34, T .5 L.Gt% P.k. bears E.3G4 231 W.
671.2t feet on land olt mad by 3. W. I?ot .
Size of d .tch 1 ' oct deep, 13feet at LIRh 'meter Marr`., 1 foot
at bottom, grads it feet to milt. Capacity 1 cubic foot per
6ec01,i of time
'Rork commenced June 20,1885,
kap dhows said creek, hetagate of ditch: therein, courses and
distances and legal sublivimion throui.x, which the ditc1, passes.
filed for record M&y 17,1890 act 9:45 c' o1coh Lk. and
to remain on file.
Bo 9
Doc, *10461
W. T. Wolverton, arustee Rat..181 D: )_G' *.c7 ,j
To Dated June 3,1910
Acknowledged. June 3,1910
Geo, V. Butt ,-efc,re JatL. `.Bhumete, rotary
Public,, Gert ield Coluity,Chao.
Re .eases the trust dead recorded in book 21 at pa6e 215
and recoaverys the property there'll deser bed .
Tiled for record J'ane 3,1890 11z10 o` r:'.oc_y A.U. ,end
recorded 1n book 11 at page, 413 there,,).
Uc.10 Treasurer of Garfield
Counter.
Cert #,3C To
TA n stLL o :t 1'cL/r_.
Dated November 17 ,190C
Garfield County Amount $3.24
Conveys Lets 4, 5 and 6 i:? Eieotion 6, Tp. E 9.R. cry ' .Ftp P. . ,
for tale* for year 1899,
Cancelled by order of Board of County Come iso tonere June seeeisn
1905..
Tax paid by Uk. Berrictt on part North of the rgor.
riled feel- record iu Tar & e Decor: 1:;.3 page 61 tbeteof.
Its. 11
Doc. #2L 9
Map of County Road, from
Glenwood Springe to Lot
Sect or. 6, ?`I, 8.A.89 5 W.
Showa [theyyr�oLad passes Ytheourh,inter glia, Lot* 1, 2, 3 and 4
Section 6, Sp. C: Se.R, t9 Stb P.M,
.Tiled for x6corc ,A.1.1uAry 2r,=3Cc at c`30 £.k.and
.
on rile.
•
•
. •
No. 12 The Burton Ditch p - mu,
In the District Cour: t of
Garfield County, Colo.
In the matter of the petition of T. M. Nerriott fer the adjudi-
catYon of priority right to the uee of water for irrigation
through the Burton ditch in Water D1 ttric t No. 35,
Entered October 17,1890.
Recites thatothe Burton Ditch is claimed by D. M. Herriott
end, that said ditch tercel its supply cf water from Mitchell Creek
et a point abouut 5/a of P. AiAle at oVe; the noeth thereof, said.
ditch is enti tlec. to an epY. opriati.cn by original constr.. uotiori
p_ i t i., .4 of a cubic fcot of water per second of tire..
Segue) Thome., A.Ruoker, � 'Judge.riled for reootc. 7teoruary 11,1907 at 10:20 o` oloek A.M. and
recere'ed in boob: 69 at page thereof.
No. l h
Doe:c. 33= 32
iee114
reece.itze3,e
<,
gdgel M. Herriott Nig ,f'.AYT_Di
To Dated March 21,19e7
Acknowledged kar oh 21,1907
before. Sobeet k.Bedden,Ju$tiWe
of Peaoe; aaefield County,Colo
Consideration t5,000.0O
Conveys Lots 44, 5 and 6 in Secticu 6, Tp.6 B.R.89 t lth P.M.,
ale. the Burtcr ditob aria. water right ir. Vater Dietrict No.39.
ccnt;eying .4 of 1 cubic foot of water per second of time.
Grantor to pay 1906 taxes, grantee to pity texester 19CTb
File. for record kaec': 22,907 at 11:00 o'clock A:g= end
recc,zded in book 67 at pagey1 o thereof,
Mee £ eie Amiohati
Mia tle3e JETechaux
"tr e t e e
DE dp_ TRUST
Dated Marob 27 ,1907.
Ac'krewledged ikarch 21,1907
before Rabere M.Eenueteituattpe
of Peace, Gee -field Gc.n.ty,0olo.
Considerateon $3, 000.00
Coveys LOIS 4, 5 and 6 in Section. 6; Tp.6 B.R. S9 W.6th ? M
&1.reo the Burtch d_ccb snd water 3 ,gnr ie 1acHrrJie`:r for, No.39.
ceeveyir:.g. .4 of 1. cu. ft. of water per sec. of time.
In `cruet to secare G_ antot' * note of $3,000,,30 DO p:tyeble to
Fite _ M.Pereiott on or before 5 years , interest se 84) per annum,
psyscle annually.
Tiled :.`ci recore l/as c : 21'1190; at 11:05 c' clock A.M. atr�
re:or�ed in boos 63 at page 1-490 thereof.
• •
Betz SB -35 3/18/96
This property is a 9.5 acre tract located west of the intersections of CR 130 and 132 west of the city
limits of west glenwood on the flanks of storm king mountain, where the slopes average approx.
30%. Vegetation across the tract is quite variable and portions of the property annually produce
fruits and vegetables. There is an existing single family residence and a few agricultural buildings.
The area is largely residential with some limited agricultural land uses in the vicinity.
The applicant is petitioning to divide, by exemption, the 9.5 acre tract into two parcels of 2.4 and 7.1
acres each. The existing structures would be located on the larger tract and the smaller tract would
most likely be developed as a single family homesite.
It appears the applicants obtained the property in October, 1957, which was, at that time, a 10 acre
tract. In 1976, approx. 1/2 an acre was donated to the holy cross Lutheran church leaving the tract
in its current configuration. Based on this analysis, it appears this request does comply with Section
8:52 (A) of the subdivision regulations.
The tract is zoned R/L/SD and all proposed lots are in excess of the 20,000 square foot minimum lot
size requirement.
The existing home is served by the community water supply of glenwood springs and the applicant
has explored the possibilities of obtaining an additional water tap from the city of glenwood, for the
parcel to be created; however, he would be required to sign a pre -annexation agreement and has
indicated that he is reluctant to do so. There is an existing well on the tract that, apparently, was
permitted some time in 1977. At that time, the applicant entered into a water augmentation
agreement to guarantee the well. The well was later completed and has been used annually. No well
permit was submitted with the application and attempts to confirm the legal status of the well with
the division of water resources have been unsuccessful. At this time, a legal water supply for the lot
that would be created has not been established.
The method of waste water treatment is proposed to be by the west glenwood sanitation district,
which has commented, indicating the district is capable of serving the needs of the parcel that would
be created.
According to the soil conservation service, when used for building site development the soils on-site
have slight to severe constraints due to slope, large stones and the tendency for cutbanks to cave.
Staff recommends the inclusion of a plat note to address these limitations.
Access to the parcels would be directly from CR 132 and staff sees no special problems concerning
the access. Staff suggests the applicant consult with and receive any necessary driveway permits from
road and bridge.
A letter submitted with the application indicates the tract is within the glenwood springs rural fire
protection district and emergency services would continue to be provided. Staff recommends a plat
note be included to address wildfire mitigation.
All necessary easements would be required to be shown on an exemption plat, the applicant would
be required to pay the $200 school impact fee and upon adoption of county road impact fees the new
lot created by this petition would be required to pay road impact fees, assuming it has not been
annexed to the city.
Due to staffs inability to determine a legal water supply for the lot to be created, staff recommends
these proceedings be continued to allow the petitioner time to demonstrate the legal water supply.
When the Board believes a legal water supply has been established, staff would recommend approval
of the application pursuant to the listed conditions.
Jan. 30, 1996
C. A. Betz
Glenwood Springs, Co. 81601
Glenwood Springs, City Council
806 Cooper Ave.
Glenwood Springs, Co. 81601
Dear Council Members:
I am applying for domestic water, for one single family
dwelling On A 2 plus 8@8s proposed exemp'ion on 132 Rd.
I have city water service, (metered) for my doublewide
dwelling on the other parcel. An excemion was granted for
a .46 acre lot in 1976, that was donated to Holy Cross
Lutheran Church, which the city serves with water.
1 am a 75 year veteran of world war two, honorably discharged
and am considerbly disabled, from over doing during the
Storm King fire. I am enclosing some picture of my place
a.md think we have been a positive contribution to the
west Glenwood area. High Country Engeneering is handling
the plats.
Thank you, I am
Sincerly yours,
C. A. Bet&
• -
--1.1.• •
if GI-Spiin
....Ns,td
).
GiirrCciurse
641A'.:0-0
----,...
N
•
4.X
1•)
'
Charles M. Stoddard
Attorney at Law
Post Office Box 169
Debeque, Colorado 81630
-�,�,�• '" ,/'%D /
Telephone & Fax:
(970) 283-5212
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