HomeMy WebLinkAbout3.0 Correspondence & ConditionsGARFIELD COUNTY
Building and Planning
February 21, 1996
Mr. Walt Brown III, Esq.
1120 Grand Avenue
Glenwood Springs, CO 81601
RE: Bertholf Subdivision Exemption
Dear Walt,
On Wednesday, February 21, 1996, the Board of County Commissioners conditionally approved your
client's request for an exemption from the definition of subdivision. The approval is subject to the
favorable completion of the following items:
1. That all representations of the applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension and area of the proposed lots, access to a public right-of-way, and any proposed
easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for signature,
from the date of approval of the exemption. The Board may grant extensions of up to one
(1) year from the original date of approval.
4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of
all exemption parcels.
5. That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate
modification to recognize the increased rate of tire spread at sloped sites. The methodology
described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural
Homeowners," (Colorado State Forest Service) shall be used to determine defensible space
requirements for the required defensible space within building envelopes in areas exceeding
five (5) percent grade."
"Upon adoption of road impact fees by the Board of County Commissioners, the lots created
by this exemption shall be subject to paying the fees, paid at time of building permit
application, paid by the building permit applicant."
"This exemption was approved based on the use of a central well and shared water system.
There is no assumption that a household use only well will be a dependable water supply.
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
Any purchaser of a parcel of land that was created by this exemption reserves the right to use
the proposed central water supply."
"The shared well system approved for this exemption requires either an individual water
storage tank, minimum capacity of 1000 gallons, be installed at each lot or a central storage
tank, the sizing shall be a minimum of 1000 gallons per lot created and served by the central
water system. This shall be done at time of building permit application at the expense of the
building permit applicant."
"Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils
and foundation report, an I. S.D. S. design, and a grading and drainage plan prepared and
certified by a professional engineer. All improvements shall be constructed in accordance
with such measures, which shall be a condition of the building permit."
6. The control of noxious weeds shall be the responsibility of the landowner.
The applicant shall receive any necessary driveway permits, for each lot created, from the
County Road and Bridge Department, prior to signing of an exemption plat.
8. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate
supply in both quantity and quality exists for the lots to be created. Criteria for
demonstrating the quality, quantity and dependability of a well or a shared well system:
a) A well be drilled and a 4 hour pump test shall be performed;
b) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the static
water level;
c) The results of the 4 hour pump test indicating the pumping rate in gallons per minute
and information showing drawdown and recharge shall be submitted to the Planning
Department;
d) A written opinion of the person conducting the well test that this well would be
adequate to supply water to the number of proposed lots and be submitted to the
Planning Department;
e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f) If the well is to be shared, the provision for individual water storage tanks of no less
than 1000 gallons for each proposed lot (required at time of building permit
application);
g) A discussion of the mechanical components of the shared well system to include the
pump, water supply line, storage tank and other components (for shared well
systems);
h) A legal, well sharing agreement which discusses all easements and costs associated
with the operation and maintenance of the system and who will be responsible for
paying these costs and how assessments will be made (for shared well systems);
i) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
9. That a letter be submitted from the appropriate fire protection district indicating emergency
services will continue to be provided to the parcels to be created.
10. That the State Engineer's Office approves the well permit application for the expanded use
of the existing well, prior to the authorization of an exemption plat.
11. That all lots created by this proposal be consistent with Section 5.04.02 (2) of the Garfield
County Zoning Resolution of 1978, as amended.
12. That, if this property is within the emergency response area of the Carbondale and Rural Fire
Protection District, the applicant pay the applicable impact fees to said Department, prior to
authorization of an exemption plat.
If you have any questions regarding these conditions or need additional information, please do not
hesitate to call.
Sincerely,
-2/C-
Eric D. McCafferty
Garfield County Planner
HLPWORTH-PA%NLAK GLOTLCHNICA L, INC. 5020 Rood 154
Glenwood Springs, CO 81601
March 21, 1996
Pete Moscon
P.O. Box 73
Glenwood Springs, Colorado 81602
Fax 970 045-8451
Phone 070 945-70SS
Job No. 196 143
Subject: Subsoil Study for Foundation Design, Proposed Commercial
Development, 0031 Road 114, Garfield County, Colorado.
Dear Mr. Moscon:
As requested, Hepworth-Pawlak Geotechnical, Inc. performed a subsoil study for
design of foundations at the subject site. The study was conducted in accordance with
our agreement for geotechnical engineering services to you dated March 8, 1995. The
data obtained and our recommendations based on the proposed construction and
subsurface conditions encountered are presented in this report.
Proposed Construction: The proposed construction includes two 1 or 2 story
commercial buildings located on the site as shown on Fig. 1. The buildings are to be
of either metal or concrete masonry construction. Ground floor will be slab -on -grade.
Based on the topography and building locations, grading is expected to involve cut and
fill depths between about 6 to 10 feet. Foundation loadings for this type of construction
are assumed to be relatively light.
If building conditions or foundation loadings are significantly different from those
described above, we should be notified to reevaluate the recommendations presented in
this report.
Site Conditions: The parcel was vacant and covered with sagebrush, grass and weeds
at the time of our field work. The proposed development area is located on moderately
sloping terrain with a slope down to the southwest at grades of 15% to 20%.
Approximately 22 feet of elevation difference exists across the building area. Above
the proposed building area, to the north, the site slopes are steeper, with slope grades
down to the southwest of up to 40%. A shallow intermittent drainage was observed
through the northwest portion of the parcel. Development of the surrounding
properties consists of a warehouse distribution building to the east and an auto body
repair facility to the west of Parcel 1. A location plan of the proposed buildings and
exploratory pits is shown on Fig. 1.
Subsurface Conditions: The subsurface conditions at the site were evaluated by
excavating five exploratory pits at the approximate locations shown on Fig. 1. The
logs of the pits are presented on Fig. 2. The subsoils encountered, below less than one
foot of topsoil, consist of silty sand and gravel with scattered cobbles and occasional
boulders up to 2 feet in size. The subsoils appeared to be coarser in Pits 1 and 2. The
Pete Moscon
March 21, 1996
Page 2
subsoils appeared to be medium dense. These soils are somewhat hydrocompressive
and could settle if the bearing soils become wet. Results of a gradation analyses
performed on samples of sand and gravel (minus 5 inch fraction) obtained from the site
are presented on Fig. 4. The subsoils generally contained about 10% to 15% cobbles
and boulders, based on visual observation. No free water was observed in the pits at
the time of excavation and the soils were moist to slightly moist with depth.
Foundation Recommendations: Considering the subsoil conditions encountered in the
exploratory pits and the nature of the proposed construction, we recommend spread
footings placed on the undisturbed natural soil or compacted structural fill designed for
an allowable soil bearing pressure of 1,500 psf for support of the proposed buildings.
Footings should be a minimum width of 16 inches for continuous walls and 2 feet for
columns. Loose and disturbed soils encountered at the foundation bearing level within
the excavation should be moistened and compacted or removed and the footing bearing
level extended down to the undisturbed natural soils. The soils at footing subgrade
should be moistened and compacted to reduce the settlement potential. Structural fill
placed below footings can consist of the on-site granular soils devoid of oversized rock
or imported sand and gravel compacted to at least 100% of the maximum standard
Proctor density at a moisture content near optimum. Exterior footings should be
provided with adequate cover above their bearing elevations for frost protection.
Placement of footings at least 36 inches below the exterior grade is typically used in
this area. Continuous foundation walls should be reinforced top and bottom to span
local anomalies such as by assuming an unsupported length of at least 12 feet.
Foundation walls acting as retaining structures should be designed to resist a lateral
earth pressure based on an equivalent fluid unit weight of at least 45 pcf for the on-site
soil as backfill (excluding topsoil and rock larger than about 6 inches.)
Floor Slabs: The natural on-site soils, exclusive of topsoil, or compacted structural fill
are suitable to support lightly loaded slab -on -grade construction. To reduce the effects
of some differential movement, floor slabs should be separated from all bearing walls
and columns with expansion joints which allow unrestrained vertical movement. Floor
slab control joints should be used to reduce damage due to shrinkage cracking. The
requirements for joint spacing and slab reinforcement should be established by the
designer based on experience and the intended slab use. A minimum 4 inch layer of
free -draining gravel should be placed beneath lower level slabs to facilitate drainage.
This material should consist of minus 2 inch aggregate with less than 50 % passing the
No. 4 sieve and less than 2% passing the No. 200 sieve.
H -P GEOTECH
Pete Moscon
March 21, 1996
Page 3
All fill materials for support of floor slabs should be compacted to at least 95 % of
maximum standard Proctor density at a moisture content near optimum. Required fill
can consist of the on-site soils devoid of vegetation, topsoil and oversized rock.
Surface Drainage: The following drainage precautions should be observed during
construction and maintained at all times after the buildings have been completed:
1) Inundation of the foundation excavations and underslab areas should be
avoided during construction.
2) Exterior backfill should be adjusted to near optimum moisture and
compacted to at least 95 % of the maximum standard Proctor density in
pavement and slab areas and to at least 90 % of the maximum standard
Proctor density in landscape areas.
3) The ground surface surrounding the exterior of the building should be
sloped to drain away from the foundation in all directions. We
recommend a minimum slope of 12 inches in the first 10 feet in unpaved
areas and a minimum slope of 3 inches in the first 10 feet in pavement
and walkway areas. A swale may be needed uphill to direct surface
runoff around the development.
4) Roof downspouts and drains should discharge well beyond the limits of
all backfill.
Limitations: This report has been prepared in accordance with generally accepted
geotechnical engineering principles and practices in this area at this time. We make no
other warranty either expressed or implied. The conclusions and recommendations
submitted in this report are based upon the data obtained from the exploratory pits
excavated at the locations indicated on Fig. 1, the proposed type of construction and
our experience in the area. Our findings include interpolation and extrapolation of the
subsurface conditions identified at the exploratory pits and variations in the subsurface
conditions may not become evident until excavation is performed. If conditions
encountered during construction appear different from those described in this report,
we should be notified at once so re-evaluation of the recommendations may be made.
This report has been prepared for the exclusive use by our client for design purposes.
We are not responsible for technical interpretations by others of our information. As
the project evolves, we should provide continued consultation and field services during
H -P GEOTECH
Pete Moscon
March 21, 1996
Page 4
construction to review and monitor the implementation of our recommendations, and to
verify that the recommendations have been appropriately interpreted. Significant
design changes may require additional analysis or modifications to the
recommendations presented herein. We recommend on-site observation of excavations
and foundation bearing strata and testing of structural fill by a representative of the soil
engineer.
If you have any questions or if we may be of further assistance, please call our office.
Sincerely,
HEPWORTH - PAWICAL, INC.
p,'id ADA,;2:•��
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Jor. y Z A�tiamso,�' n t ,i `�'
Daniel E. Hardin, P.E.
JZA/kmk
Attachments
cc: The Drawing Board - Attn: Rob Classen
H -P GEOTECH
PARCEL I
WELL AND WATER
EASEMENT,
\,
• PIT I
PARCEL 2
PROPOSED
BUILDING
PIT 2•
• PIT 3
PROPOSED
BUILDING
• PIT 4
PIT 5 •
PARCEL
BOUNDARIES
COUNT Y ROAD 1I4
APPROXIMATE SCALE
1 = 50'
oar
196 143
HEPWORTH-PAWLAK
GEOTECHNICAL, Inc.
LOCATION OF EXPLORATORY PITS
Fig. 1
i
1-
ELEV. = 1028'
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W
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DEPTH - FEET
1 11 1 1 1 11
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10
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nn V Oqp
. o7o v
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DEPTH - FEET
Note: Explanation of symbols is presented on Fig. 3.
196 143
HEPWORTH - PAWLAK
GEOTECHNICAL, INC.
LOGS OF EXPLORATORY PITS
Fig. 2
LEGEND:
TOPSOIL; silty sand, scattered gravel, organics, medium dense, very moist, dark brown.
SAND AND GRAVEL (SM -GM); silty, scattered cobbles, occasional boulders to 2 feet in size,
(coarser material in Pits 1 and 2), medium dense, moist to slightly moist, brown, reddish brown
in Pit 1. Subangular to subrounded rock.
Hand driven liner sample.
r-, Disturbed bulk sample.
NOTES:
1. Exploratory pits were excavated on March 12,1996 with a rubber -tired backhoe.
2. Locations of exploratory pits were measured approximately by pacing from features shown on
the site plan provided.
3. Elevations of exploratory pits were obtained by interpolation between contours on the site plan
provided. Logs of exploratory pits are drawn to depth.
4. The exploratory boring locations and elevations should be considered accurate only to the degree
implied by the method used.
5. The lines between materials shown on the exploratory boring logs represent the approximate
boundaries between material types and transitions may be gradual.
6. No free water was encountered in the pits at the time of excavating.
Fluctuations in water level may occur with time.
7. Laboratory Testing Results:
+4 = Percent retained on No. 4 sieve.
-200 = Percent passing No. 200 sieve.
196 143
HEPWORTH - PAWLAK
GEOTECHNICAL, INC.
LEGEND and NOTES
Fig. 3
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HYDROMETER ANALYSIS
SIEVE ANALYSIS
24 HR.
45 MIN.
100
90
80
70
60
50
40
30
20
10
0
TIME READINGS
7 HR.
15 MIN. 60 MIN. 18 MIN. 4 MIN. 1 MIN. #200 #100
U.S. STANDARD SERIES
050 #30 #16 #8
CLEAR SQUARE OPENINGS
#4 UV 1? 3/4 1 112 3
5' 8' 8'
0
.001 .002 .005 .009 .019 .037 .075 .150 .300 .600 1.18 2.38 4.76 9.60 19.0
DIAMETER OF PARTICLES IN MILLIMETERS 12.5
CLAY TO SILT
SAND
FINE I MEDIUM 1 COARSE
GRAVEL 44 % SAND 41
LIQUID LIMIT %
SAMPLE OF: Silty Sand and Gravel
%
GRAVEL
37.6
FINE 1 COARSE
10
20
30
40
60
60
70
80
90
100
76.2 162 203
127
COBBLES
SILT AND CLAY 15 %
PLASTICITY INDEX %
FROM: Pit 1 at 5 Feet thru 7 Feet
HYDROMETER ANALYSIS
SIEVE ANALYSIS
24 HR. 7 HR.
45 MIN. 15 MIN.
100
90
80
70
60
50
40
30
20
10
0
TIME READINGS
80 MIN. 19 MIN. 4 MIN.
1 MIN.
#200
#100
U.S. STANDARD SERIES
#60
#30
#16
CLEAR SQUARE OPENINGS
#8 #4 3. 1? 3/4 1 /? 3' 6• B'
5.
0
.001
196 143
.002
.006 .009
CLAY TO SILT
.018
.037
r
.076 .160 .300 .600 1.18 2.38 4.76 9.60 19.0
DIAMETER OF PARTICLES IN MILLIMETERS 12.6
SAND
RNE 1 MEDIUM 1 COARSE
GRAVEL
37.6
FINE 1 COARSE
10
20
30
40
50
00
70
BO
90
100
76.2 162 203
127
COBBLES
GRAVEL 36 %
SAND 42 %
LIQUID LIMIT
SAMPLE OF: Silty Sand and Gravel
HEPWORTH - PAWLAK
GEOTECHNICAL, INC.
SILT AND CLAY 22 %
PLASTICITY INDEX %
FROM: Pit 4 at 3 Feet thru 5 Feet
GRADATION TEST RESULTS
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Fig. 4
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Pursuant to C.R.S. 1973„ 37-45-131
Elaine R. Bertholf (hereinafter collectively "Applicant") has applied to the Basalt Water
Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et
seq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter
acquired by the District. By execution of this Contract, Applicant agrees to the following terms
and conditions:
1. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use .033 cubic foot of water per
second from the District's direct flow rights and 3.0 acre foot per year of storage water owned
or controlled by the District.
2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal,
Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District,
including the District's contractual right to receive storage water from Ruedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the
use of the District's said rights. Exchange releases made from the District's storage rights in
Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at such outlet works shall
constitute full performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned, operated, or served by
Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location
and purpose of Applicant's use of said water shall be legally recognized and permitted by the
applicable governmental authority having jurisdiction over the property served. Applicant's
contemplated usage for the water allotted hereunder is for the following use or uses:
Domestic/Municipal X Industrial/Commercial Agricultural
Other
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right
to use certain waters. It is acknowledged that certain locations within the District may not be
N:IOBIBW C9\BBRTIOLP,LLOT.ODN
1
susceptible to service solely by the District's water rights allotted hereunder or the District's said
water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot
be achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rights allotted hereunder shall be situated within the boundaries of the District. The District
reserves the exclusive right to review and approve any conditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot-
ment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights; provided, however, in the event any such
adjudication involves more of the District's water rights than are allotted pursuant to this
Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of the District's applicable water right and neither
the District, nor those entitled to utilize the District's decrees, may call on any greater amount
at new or alternate points of diversion. The District shall request the Colorado State Engineer
to estimate any conveyance losses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the approval of such augmentation plan to allow the Applicant to utilize the
water allotted to Applicant hereunder, the Applicant shall give the District written notice of such
intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the
water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating a plan of augmentation for the District. In any event, the District shall have the
right to approve the Applicant's augmentation plan and the Applicant shall provide the District
copies of such plan and of all pleadings and other papers filed with the Water Court in the
adjudication thereof.
4. PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service.
Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a
notice from the District that the payment is due. Said notice will advise the Applicant, among
other things, of the water delivery year to which the payment shall apply and the price which
is applicable to that year. If a payment is not made by the due date, written notice thereof will
be sent by the District to the Applicant at Applicant's address set forth below. If payment is not
H:\O[\BW W\BBBTHOIFAUDT. W N
2
made within thirty (30) days after said written notice, the District may, at its option, elect to
terminate all of the Applicant's right, title, or interest under this Contract, in which event the
water right allotted hereunder may be transferred, leased or otherwise disposed of by the District
at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity, and in the event the
Applicant fails to make payments as required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the annual
payments in advance of water delivery pursuant to this Contract. The Applicant will hold
harmless the District and any person or entity involved in the delivery of water pursuant to this
Contract, for discontinuance in service due to the failure of Applicant to maintain the payments
herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or
lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
Applicant's rights hereunder only to a homeowners association, water district, water and
sanitation district or other special district properly organized and existing under and by virtue
of the laws of the State of Colorado and then only if such association or special district
establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of the Applicant's obligations under this Contract. In no
event shall the owner of a portion, but less than all, of the Applicant's property to be served
under this Contract, have any rights hereunder, except as such rights may exist through a
homeowners association or special district as above provided. Any assignment of the
Applicant's rights under this Contract shall be subject to and must comply with such
requirements as the District may hereafter adopt regarding assignment of Contract rights and the
assumption of Contract obligations by assignees and successors, provided that such requirements
shall uniformly apply to all allottees receiving District service. The restrictions on assignment
as herein contained shall not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements herein contained.
N:\D[\BWN\8811TIgIFALLOT. W N
3
7. OTHER RULES: Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted by the District and amended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from the District. Applicant shall also be bound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board
of Directors of the District, the plumbing advisory, water conservation, and staged curtailment
regulations, if any, applicable within the County in which the water allotted hereunder is to be
used, together with all amendments of and supplements to any of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times or by means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension of District services and for additional administration, operation and
maintenance costs, or for other costs to the District which may arise through services made
available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any
use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material
breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25, 1979, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
H \DL .W COMes ITHOU ALWT.wH
4
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
Applicant's Address:
0031 County Road 114
Glenwood Springs, CO 81601
945-5392
STATE OF COLORADO
COUNTY OF
ss.
APPLICANT:
&e' 1. I
Elaine R. Bertholf
Subscribed and sworn to before me this 6 -day of
by Elaine R. Bertholf.
WITNESS my hand and official seal.
My commission expires:
My Commission e sires 6/28/99
Ar
/ 77/7_
• otary Public
N:\DB\BWN\BEATNOIFMLUT. W N
5
, 1995,
BASALT WATER CONSERVANCY DISTRICT
IMPORTANT
If you divert water from a groundwater source
(well) you must provide the District with a copy
of a valid well permit from the State Engineer's
office. Without evidence of a permit, the
District can not request release of water from
Ruedi Reservoir for your benefit.
When a valid permit is obtained, please provide
the District with a copy. Remember, if we do
not have evidence of a valid permit, your
structure will be considered "inactive" and
water can not be released for your benefit.
Send Permit Information to:
Resource Engineering, Inc.
802 Grand Avenue, Suite 302
Glenwood Springs, Colorado 81601
Questions:
Scott Fifer, Resource Engineering, Inc.
(303)945-6777
ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
ELAINE R. BERTHOLF
CONTRACT NO. 259
Application having been made by or on behalf of Elaine R. Bertholf and hearing on said
Application having been duly held, it is hereby ordered that said Application be granted and that
the attached Water Allotment Contract for .033 cubic feet of water per second from the
District's direct flow rights and 3.0 acre feet of water per year of storage water owned or
controlled by the District is hereby approved and executed by and on behalf of the Basalt Water
Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon
the terms, conditions and manner of payment as therein specified and subject to the following
specific conditions:
1. Applicant has represented to the District that the proposed use of the land to be
benefitted by the water allotted hereunder has been approved by the applicable governmental
authorities having jurisdiction over such land use and by executing the attached water allotment
contract warrants to the District that the lot or parcel to be benefitted hereunder is legally
subdivided.
2. By acceptance of this Contract, Applicant acknowledges that within two years of
the date hereof or such later date as the District may approve, the Applicant shall file with the
Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water
allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's
water allotment as provided in this Contract shall be included in a water rights plan of
augmentation to be filed by the District with the expenses thereof to be shared prorata by the
Contract holders included in such plan; provided that inclusion of the Applicant's water
allotment in the District's plan of augmentation shall be at the District's sole discretion. The
District may establish an augmentation plan fee to be paid by the holder of any Contract to be
included within a plan of augmentation to be filed by the District, which fee shall be payable in
advance of the inclusion of such Contract in a District plan of augmentation and may be based
on the District's good faith estimate of the anticipated expense of such plan of augmentation.
If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata
portion of the actual expenses incurred by the District in completing said plan of augmentation,
the District shall refund such excess to the Contract holder.
3. Any and all conditions imposed upon the release and diversion of water allotted
hereunder in any water rights plan of augmentation or other water rights decree of the Water
Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this
contract. Granting of this allotment contract does not constitute the District's representation that
the Applicant will receive a well permit or water rights decree for the land to be benefitted
hereby
4. If Applicant intends to divert water through a well or wells, Applicant shall
provide the District a copy of Applicant's valid well permit for each such well before the District
is obligated to deliver water for the benefit of Applicant hereunder.
H:\Dl \R W N\RBR THOIPULLOT.OR D
-1-
5. The Applicant has acknowledged that the land to be benefitted by the attached
Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference.
.ta
Approved this j I day of Cu_lec.a'- , 1995.
BASALT WATER CONSERVANCY DISTRICT
Attest:
��
By: `-�� )ra z ��.,l_t�ti 1'l'� 1 B
..�� y
Barbara Mick - Secretary
11:VD119 W CU\BBR TFIOIJMLLOT.OR D
-2-
• • ReceptionNo .cord er Page 485
229661 . Chas. S. Kaegas,____t
' =NO STAMP
'TIES DED, Made this 27th Was April
in ttuk pans of oar Lo.rd ons thouiand nine Innadzed and sixty-five ,:
between • , . ,
JOSEPRINE CoRYELL • . '
• • •
at tho • . , County of Ga rf told Ana fitato of
Colorado, of the first.part. and
•
DISMOND D. BERTHOLF snd ELINE R. BESTED
of ths ' • Monty of Garfield and Stata of Colorado, a tho sasond part:
WITNESS'S= that the said Parts of the Drat part, for and in coasidaration of tha a= of
TEN 'DOLLARS AND• OTHER VALUABLE CONSIDE.RATION xtaffaa
and other good and vainabla considerations to the said P4rt7 of the first Pert b hr-nd wad by the iiia Parties a th.
• aevand Part, the receipt whetted is berehy confessed and acknowledged. has granted, b&zpthad &d and convoyad,
and by times presents dais grant, bargain. aaU, convoy and confirm unto tho said parties of second part, their
tetra and assigns forever, not in' tenancy in common but in joint tansney, aU tha following degaribed lot or
parcel of landt situate, lying and bang I tho County of
field and suit. of Colorado. to-witi A treat or lend sit -
noted in Lot 8, Sec. 1, T. 7 8.,11. 89 14., 6th P.M., described as •
follows Beginnng iat' a point ./hcnce the Southeast Corner of Lot
9, Sec. 1, T. 7 3 , R. 89 , 6th ?.M., beers 3. 87;3'4.5" W. 450.96
feet; thence 3. 880151 E.. 133.60 feet; thence N. 1° E.977.08
feet; thence N. 87°061 W. 133.66 feet; thence 3. 1 114.1 W. 979.76
feat to the point of beginning, containing 3.00 acorea more or leas.
TOGETHER with all and singular the hereditaments and eplairtetaisaas !hereunto balooging, or in anywise
appertaining and the reversion and revasions, remainder and r oral:Idea, rata, issues and prollta thersof: and
all the estate, right, titla, intsmst, eisira and demand whatsoevor oi ths said party el tho first part. either in law or
equity, af , In and to tho above bargained pramises, with the hareditcraouto and appurtananeas.
TO EAVD AND TO HOLD the said promises ahoy* bargained and &maid, with tho apportermoss, unto the
said partici. at tho wand part, their hodra and.aulgas forever, And the 'aid party of the first part, for himself, hie
hairs, coteoutora, and administrate:ma, don covenant, grant, barCtitt and Ursa to an with the said rtfo 01 the
second part, their hairs and assigns, that ot abs timo 01 the orthaaliarr and &diva? of Ukase =sante, be is well sehod
at the Premliu above nanytysti, u of good, sum parfact, nbvAnts end VW/milli* manta otinharitance, in law, in
too simple. and has good right, lull power and law,11. 31 authority to grat, bgoin. zoll and cativo/ the wale in manner
Arta form Diaresaid, 11.11d that 04 came art fro and elm: from all former and other grants. bargains, asks. Boas;
taxes, amesements and incumbrance of whatever kind or =tura soarer,
• t •• •
. •
•• ::_fr77,1•17 , .., _
gort.,..o.ri
.,:‘,1 .,,•,-.41.1=4,. • y,inr. II J
•;1.:11'.':••.. ' ..1 .. ..1."..., ....,;,,r,... k:.,i 1,11r..!::',- •rt ,
,./",.A' 1' 1:1-•'': '4:711'1'145'1 it .;.,t.„,::? , •,,, .. '
i_i.:1••:...;,,.., ••.'..' ..k.,•:. .-,:i'..,,/
c....7..-.?.., ..,..,,,.....11,;,,,,,1 *,z'i -'' • ',•:.
LiLtr'Zil!2110
_ . . J. / ....... •'r; ...41:14..,,,,,S4 •
and 'the above bargained prorruies in the qaiet and pleostill:mina 01 tba said parties of the second part, the
snrrivoroi tharo, thair sasia-as aad tho halt* and assigns of cinch ILUTIVOT, against all and ovary parson or prions
lavrAgly claiming or to claim tho Whole or any part thatoof, the said party of tha that part shall and will WARRANT
• AND FORDVTIR The, singular nuraboa, iMil inoluda tha thr1, Um plural the Magda; and tho us' 01 any
• gender shall be applicable tdi all ganders.
DI WITNESS WHEREOF the said party of the first port has hereunto set his hand and seal tho day ad yaar
first above writtort.
Sirat;d, jaalad and Delivered ia tha Presence of •
a.,
•
(SEAL]
(=ALI
MEAL;
MI.
. ' STI,.A.TE or COLORADO,
' • County of Garf ield • •
Th. torecoina instrirmant was acialowlodged before Lae this 27th aar ot April
, • 14.!,0;irbs,ephine Ooryell.
.\‘
.._.,‘
• .,:4•4t Coriiraile!or! azPirce
, 4 .
..z.- 1 '•• •••• •
,,,
7.• 1 (, •kr." ‘.) •l' ''' • .
F! '.‘..'• ''' S. r- ".
-.•.., . '.. r 11 r.'l ':.. ' ,'7, : EXHIBIT "A" ‘
.-_____—
—.
1 ''2Ca.1;/1..:.':?,..s..r.)tA:irr DERD.--T. 3 otht Tchoott.—nrad.tord-r.ati=c4 V:Irt.lr.w C..,,,,s7.16:(•• MAO I trvig.. nt.r.r. CAL:c.a.
.11. 117 o .' ' -
'••. r•IIMI •Iorr'no or 70,...,1 hero Ie?, rirtrAn nr Intr...., t IC IT o•t••no rirlirin tr. rfprow-olostiv• or offlp!ol ,,tonIty."7 0,
March ?,2
, Ig'••)9 ..Witaoss my hand idfSit1 seal.
• '
. •
( • -; • • f"•,•• •
i„) mairThdati-
•••••••;: ' • ' L'"" —'''"
•
A
Page 1 of 3
•
• j
II
Recordeq at;
I•lie.] fur record lhc__._ .
Reception No.
21,0%.f58
_A. M / r. /sii 11
-1. -
Made this
•
Chas.S.Kee an,_ _-RECORDER
21st • clay of March in the year of our Lord
one thousand nine hundred and sixty-eight between SiM tnettltirgli' FIE
MAR 2 7 I gib_
LARRY G. BANKS and LAWRENCE E. BANKS ,4,/Cr_
of the County of Garfield and Slate of Colorado, of the first part,
DESMOND D. BERTHOLF and ELAINE R. BERTHOLF
of the County of Garfield and Slate of Colorado, of the second part;
Witnesseth, That the said part ies of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration, LICILL tR�
to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy In common but in
oint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following
described lot or parcel of land, situate, lying and being in the County of Garfield and State
of Colorado, to -wit:
A tract of land situated in Lot 8 of Section 1, Township 7 South, Range 89
West of the 6th P.M., described as follows:
Beginning at a point whence the Southeast Corner of Lot 9 in said Section 1
(being the same as the Southwest Corner of said Lot 8) bears N. 88°15' West
158.60 feet and S. 87°53'45" West 450.96 feet; thence N. 01°14' East 976. 58
feet; thence S. 87°06' East 143.94 feet; thence S. 00°44'36" West 973.80 feet;
thence N. 88°15' West 152.21 feet to the point of beginning, containing 3.31
acres more or less.
Togetherl"With a permanent easement 25 feet in width for a right-of-way for
ingress and egress to the above-described tract of land from Colorado State
highway 82.
Subject to that certain permanent easement for a right-of-way 25 feet in
width over said lands as described in that certain Warranty Deed recorded in
Book 375 at Page 289 of the records for Garfield County.
Together with all and'singular the hereditaments rind appurtenances thereto belonging, or in anywise apper-
taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
To Have and to ilold the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever.
tl) l.r.
And the said part ies of the first part, for themsel ves, / 1 eas, executors, and administrators, do
covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns
said the heirs and assigns of such survivor that at the time of the enscaling and delivery of these presents they ar
%veil seized of the premises above conveyed, as of good, sure, perfect, absolute and Indefeasible estate of inheritance,
in law, in fee simple, and ha ve good right, full power and lawful nuthority to grant, bargain, sell and convey
the salve in manner and form aforesaid, and that the same aro free and clear from all former and other grants,
bargains, sides, liens, taxes, assessments and Incumbrances of whatever kind or nature soover, except taxes
for the year 1968, due in 1969, and a deed of trust recorded in Book 377 at Page
230 of the Garfield County records, which grantees assume and agree to pay;
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will
WARRANT AND FOREVER DEFEND.
In Witness Whereof, The said parties of the first part have hereunto eet their hands
and seal s the day and year first above written.
CP
Signed, Sealed and Delivered in the Presence of !l.: ,,,,, , p'L7 ( C"
�/ , `Marry G ks
r\/( I,GtJ �}
STATE OF COLORADO )
) ss.
COUNTY•PIF 'GARFIELD)
!Che foregoing instrument Was ia(:kilow1G:1ged ,�.... _
day of. 1\;[a,rch, '1 968, by LARRY.G. BANKS.
•
\\•,tiles my hand and official seal.
T1:; commission expires February 6. 1972.
-r, o
•
4h: c 97'h
FXii1_B1 r "A" 1pnl,e 2 of" 3
rt
CALOIA, HoulYr & LIGHT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
SAMUEL J. LIGHT
Mr. Jeff Deatherage
Division of Water Resources
1313 Sherman Street, Room 818
Denver, CO 80203
Re:
Dear Jeff:
February 16, 1996
�� Y
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
Recei•t No. 388085: Well Permit A. lication of Elaine
ertholf
Enclosed please find an original 600 Foot Well Spacing Statement executed by Roxan
Hughes as agent for her parents, Clement and Charolett Hughes, waiving their right to a hearing
on the above -referenced well permit application. Also enclosed is a copy of the Power of
Attorney authorizing Roxan Hughes to execute this document. Also enclosed is a fax copy of
the waiver executed by Richard Neiley on behalf of Valley Investment Properties Partnership,
the sole owner of the well which is the subject of well permit no. 28952-F (expired).
With the submittal of these two waivers, the owners of all wells located within 600 feet
of the subject well have consented to the issuance of Ms. Bertholf's well permit application. As
we discussed in our recent phone conversation, I have prepared and enclosed a Motion to Vacate
the proceeding in 96 -SE -02 and a proposed Order for consideration by the Hearing Officer.
Please bring these to the Hearing Officer's attention, as I have not sent a separate Motion and
Order directly to him.
Finally, I am resubmitting herewith the original well permit application. As you know,
the Applicant is under a deadline imposed through the County land use approval process, and
is anxious to have the well permit application processed as quickly as possible. The hearing
before the County will occur on the afternoon of Wednesday, February 21, 1996. It would be
most helpful if the application could be issued by then. However, I recognize that this is an
extremely short time frame, and one that your office may not be able to accommodate. We may
be able to obtain an extension from the County, but I am not certain how much time they might
give us. Any assistance you can provide in expediting the processing of this well permit
C:\WP51\DOCS\DEATHER.3LT
CALOIA, HOUPT & Lrcwr. P.C.
Jeff Deatherage
February 16,y1996
Page 2
application will be most appreciated.
As always, I appreciate your willingness to provide the extra assistance in this matter.
If you have any questions, please do not hesitate to contact me.
Sincerely,
CALOIA, HOUPT & LIGHT, P.C.
JVH:nla
Enclosure
cc: Elaine Bertholf, w/ enc.
Walter Brown, Esq., w/ enc.
C;\W P51 \ DOCS \DEATH ER.3 LT
son V. : oupt
BEFORE THE STATE ENGINEER, STATE OF COLORADO
Case No. 96 -SE -02
MOTION TO VACATE
IN THE MATTER OF A PERMIT APPLICATION TO CONSTRUCT A WELL TO BE
LOCATED LESS THAN 600 FEET FROM EXISTING WELLS
ELAINE BERTHOLF, APPLICANT
COMES NOW, the Applicant, Elaine Bertholf, by and through her attorneys, Caloia,
Houpt & Light, P.C., and hereby move to vacate this proceeding. As grounds therefor,
applicant states as follows:
1. This proceeding was initiated pursuant to Section 37-90-137(2)(b), C.R.S., in
recognition of the fact that there are existing wells located within 600 feet of the well for which
a permit is requested.
2. The Applicant has now submitted written statements from all owners of wells
within 600 feet, waiving their right to a hearing under Section 37-90-137(2)(b), C.R.S.
Therefore, there is no need for the State Engineer to hold a hearing on this matter.
WHEREFORE, Applicant respectfully requests that the hearing officer enter an order
vacating this proceeding. A form of proposed order is submitted herewith.
Dated this � day of February, 1996.
By
C: \ W P51 \ DOCS \BERTHOLF.2MO
February 16, 1996
CALOIA, HOUPT & LIGHT, P.C.
Attorneys for Applicant
V. Houpt, • 1
and Avenue
wood Springs, CO 81601
Phone (970) 945-6067
Fax (970) 945-6292
CERTIFICATION OF SERVICE
I hereby certify that I have duly served the within MOTION TO VACATE upon all
parties herein by depositing copies ofd the same in the United States mail, postage prepaid, at
Glenwood Springs, Colorado, this __ � day of February, 1996, addressed as follows:
F.E. (Bodie) & Virginia Collins
6702 Highway 82
Glenwood Springs, CO 81601
Alan & Kathryn Nelson
6772 Highway 82
Glenwood Springs, CO 81601
Thomas & Mary Jo Papke
6778 Highway 82
Glenwood Springs, CO 81601
Clement & Charlotte Hughes
P.O. Box 606
Carbondale, CO 81623-0606
Charles & Edythe Cloud
6696 Highway 82
Glenwood Springs, CO 81601
Mary Lynn & Ronald Fuller
P.O. Box 789
Glenwood Springs, CO 81602-0789
Valley Investment Properties Partnership
201 N. Mill Street, Ste. 102
Aspen, CO 81611-3202
Carl & Jacquie Meitler
6694 Highway 82
Glenwood Springs, CO 81601
Galvanic LLC
6700 Highway 82
Glenwood Springs, CO 81601
C:\WP51 \DOCS \BERTHOLF.2M0
February 16. 1996
-3-
Steve Lautenschlager
Office of the State Engineer
1313 Sherman Street, Room 818
Denver, CO 80203
Bruce DeBrine
Office of the State Engineer
1313 Sherman Street, Room 818
Denver, CO 80203
Reiner G. Haubold, Hearing Officer
Office of the State Engineer
1313 Sherman Street, Room 818
Denver, CO 80203
rit)O FOOT WELL SPACING STATEMENT
•ten.cnt ..:tnd Ch:.. �: tt p
11U hc" whose :i�lt.lr: is O. Box 600,
Carbondale,
ov•Vn real property located at the above-described address. which is in the SE 1/4 of
NE 1/4. Section 1. Township 7 South. Range 89 West, 6th P. ll. , Garfield County,
Colorado. Located on our property are the following.; well(s): Well Permit No. 6530-1'.
We. have been apprised that Elaine Berthaif, the present owner of property located at
0031. County Road 114, Glenwood Springs Colorado, 81601 and located in the SE 1/4
of the Nle 1/4, Section 1. Township 7 South. Range 39 West. 6th P.M., desires to
extend the use of her existing well to include commercial purposes. Wc have reviewed
the attached well permit application.
The location of Nis. Belt holf's existing well is less than 600 feet from our well.
By this statement we arc specifically waiving any objection to the issuance of a well
permit to Elaine Bertholf pursuant to The request as set forth in the attached application
and would request that permit issuance not be postponer) or denied because of any
concerns by the Division or others that issuance of the requested well permit will
materially affect our well or water right. We also specifically waive Any right we may
have to participate in a hearing before the State Engineer pursuant to Section 37-90-
1,%i-'�, C.R.S.
Dated this day of December, 1995
Clement F.
, 7.
ghes
Chc,(-OTC c:94\e5
''.\'.P`Il1 t,i ,;'l7fJil1i4 I N',
lU�:L i, I,cr 19, 1995
BEFORE THE STATE ENGINEER, STATE OF COLORADO
Case No. 96 -SE -02
ORDER VACATING PROCEEDING
IN THE MATTER OF A PERMIT APPLICATION TO CONSTRUCT A WELL TO BE
LOCATED LESS THAN 600 FEET FROM EXISTING WELLS
ELAINE BERTHOLF, APPLICANT
Upon motion of the Applicant to vacate this proceeding, and the Applicant having
submitted written statements from the owners of all existing wells located within 600 feet of the
subject well waiving their right to a hearing before the State Engineer, the Hearing Officer
hereby determines that no hearing is required under Section 37-90-137(2)(b), C.R.S., and
therefore, orders that this proceeding is hereby vacated and the State Engineer's staff may
proceed with its determination whether unappropriated water is available for withdrawal by the
proposed well and whether the vested water rights of others will not be materially injured.
Dated:
Reiner G. Haubold, Hearing Officer
1313 Sherman Street, Room 818
Denver, CO 90203
C:\WP5I \DOCS\BERTHOLF.2M0
February 16, 1996
11121110/ 11 1)b2 1' l;07 09/11/;)5 1.1: 58A 1'(i 1 OF 2
1111.14l1LN A1.:•;IX)I!I: (;Alt1:1l•:1.1) CO1JN11' CL.EIU( AND RECORDER
NUI I(•1:: II IL I'O\\'I:I(S
I INTI ORNI S'I'A rt J! OR\
011IAIN ('ONII'Iil i r 1' I
0111NR III:AI:III-('iU(I!
1 t t l ll) SI 1.
1'(111 Ni;\1. 1 1,\\'I[ 011
(
appoint/11'.1.-: _`';;i..v
I')C NO•l'
11,00
PO1%'Elt O1" rVI"•I1)1UNI':1'
GRAN 17:1) BY THIS I)O(•t1MIiN U ARE BROAD ANI) SWEEPING. 'HIEN' ARE EXPLAINED IN II It:
ORM POWER OF AIIORNLI' ACT.. IF 'YOU IIA\'F ANY QUESTIONS AI1Ol11 11IESE POWERS,
.[(;AI. ADVICE. I I IIS DOCUMENT DOES NOT A1111IORIZE ANYONE '10 MAKE NII I)IC'AI. ANI)
I)I;(•ISIONS 1OI( VOI1. VoU MAY I(IiVOIUi Iilis TOWER OI•; Al'f0l&Ni.y IF y011 ATEA \VISIT
II[K RIGI l I:S OR POWERS 11NI)EIt COLORADO LAW N(YI• ('ON I'AINI:I) IN -1 1115 FORM.
lt!, �777 � J- Pc -9 _L3(Inx/cU lxuu.c).+:mm:uul adJn cssl ✓'(/ C.
_-(J.l /-(''--- P_ - / / l �'r�F- /., () - fJ c_�
(Iunel I the name and address or the prIaon appointed) – .. -'J -
:IS my agent (attorney -in -filet) Io act lin- me in any lawful way with respect to the follo\ving initialed subjects:
1 (11;RAN 1 ( )NY ()I( rlOI(l: OF '1 III: I 1 )1 I 0\\'1N(; I'O11'rlt S INTI TAI. l l Ili LINE IN 1•R01,11 OF VA( 'I I I'O\VISI( VOID AItI{ GRAN I IN(1.
I I) 11'111111(11 I) A I'U\1'11( 1)1) N(, r 101 IL\I. Tl Ili LINE 10 I RON I (1I. I I. VOID MAY, 11111 N1).:1) N() I, ('MOSS UIJ r I:A('l l HAVER \VI I I Illlil.l).
IN111A1.
L". \ .. (i\)
/- (11)
!teal properly transactions (when
properly recorded).
'tangible personal properly
transactions.
(( Stock iittI bond Transactions.
(1)) Commodity and option
transactions.
. (I;) Banking and outer financial
institution transactions.
(F) Business operating transactions.
/
((;)
---- — (L.)
Estate, trust, and other beneficiary
transactions.
(Taints and Litigation.
Personal and tinnily maintenance.
Benefits loin Social Security,
Medicare,
f\•Icdicare, tvlcdicaid, or other
governmental programs, or military
service.
Retirement plan transactions.
Insurance and annuity transactions. L 'J
t/–� (111) Tax matters.
SPECIAL I NSI'RIJCIIONS:
li ON 1111: EOM OWING 1 INKS MI MAY (iI\'E SI'ECIAI. INSTRIJC'•IIONS LIMITING OK EXTENDING THE POWERS
(;RAN.' H).1'O 1'O1IR A(
�'�---- `—_rel/',• � i
:1
UNLESS Y OH DIRECT OTHERWISE ABOVE, THIN POWER OF AI I ORNI{1' IS EFFECTIVE IMNIIDIAI'Ia•1' ANI)
wit 1. ('ON l-INiJI', (JN'I II, 1 1 IS I(EVOKIil.
This power of allorne1' will conlinu(' to he Cfteelive even Though I become disabled, incapacitated, or
1lIC0il1pL'Iell!
STRIKEANI) INr1'IAI. •1111: l'RE(.'I(I)IN(i SENTENCE IF YOU DO NOT WANT THIS POWER OF — ORNE\' TO CONTINUI:
II? 1'OlJ IIEC'ONII; I)ISAIII.Ia), INC•AI'A('1'rAII:I), OR INCONII'I:'il;NT
agree Ilial all)' 11111(1 Darty who receives 0 copy or this document inay act tinder il. Revocation of the Dower
oraltorney is not ellcclive as to a third party until the third party learns oldie revocation. I agree to indemnify
the third party for any claims that arise against the third party because of reliance 00 this power oral torney.
n
*nu (1 thisc�i r
-_-___-- day or
State of
Cott lily
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This document was acknowledged beli)re Inc 00
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(Scat. if any)
7;4.
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(lour Signature)
s- 2- - 3 P/9
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(lour Social Security Number)
(Signally of Notarial Office() I +
t\Iy commission expires. -)
BYA('('I'I' TING OR ACTING LINI)lil( THE APPOINTMENT, •I•I II: AGENT ASSUMES THE FIl1l lAoy ANI) O-II(IERTitle (I'EGAId ),
I(I:SI'11NS11111.1 1 II'.S O1: AN A( ;ENT,
No. 3.1S. SIVl trrOtt\' t'O\\FR• LIR,\'I'rOIt1V1:\'
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1 (' ',)✓ ' ',•Hradliml Publishing. 17.1.) \Vance Si. I)cnccr, CO N0207 — 01) I
292-25(1(1— 1.9.1
1.)••:):)," Owl 0U/11195 11:59A PG j OF 2
1.1)1/1.1) Al.SIXAW GARFIELD COUNTY CLEUK AND RECORDER
NO I ILL: PO\VERS
UNII 010\1 11 I01(
()MAIN (( )N11'1:1 11‘1 1 1
(WIER 111•Al..1 IL('ARI•
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S'IATUT()R1' POIVER OF ATT()RNFA'
GRANTED BY THIS DOCUMENT ARE BROAD
LORNI POWER OF ATTORNEY AC1: II YOU
.EGAL ADVICE. THIS DOCUMENT 1)0ES N(1 -1
-
DECISIONS I Olt l'OlL N'OU NIAY REV()kE TI
BR; Da; NUJ'
1L 00
AND SWEEPING..0 !EY ARL EXPLAINEI) IN -1-11E
I IAVE ANY QUESTIONS All01,11- 1 HESE POWERS.
AUTI KAHLE ANN -ONE 10 NIAliE NIE1)1CAL AND
IIS POWER OF ATI ORNEY IF YOU !,VIER WIS11
111( It1(1111 IS ()It PO\VERS /NDER COLORADO LAW NOT CON MINED IN -1 1115 FORM.
I . } 1/ " •
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your moue atutatItIress)
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;IS Illy ;11',CIII (IIII01.1)CY-111-1i1CI) Ill ;ICI 14 Inc in any lawful way with respect to Ills following initialed subjects:
I (1 (IRAN )NI : (ItNI( )It 11:1 1 IF. MI 1 ()WIN(; POWIltS. HAI.TIIF.I.INE IN FACII ION ARE (IRAN I !N(I.
II) II 1111(11 I) A l'OWF It, DO NOT INF! IAI. Al LINE IN FRONT OF 1 F. YON MAY, HUT WED NOT, CROSS OUT VAC: I POWER I WELD.
INITIAL
(A )
( 11)
(C)
(I))
1 1 1 1 :
..(116,11g ail(' ()Hier iillallelai
71 /1 ( )
Real property transactions (when
properly recorded).
Tangible personal property
transactions.
Stock and bond transactions.
Commoelity :Ind option
transactions.
in s tra us:tenons.
Business operating transactions.
Insurance Intel annuity transactions.
(7// ( I I) [slate, trust, ancl other beneficiary
transactions.
( I ) Claims and litigation.
. (1) Personal and family maintenance.
(K) Benefits from Social Security,
Medicare, Nicene:lid, or other
governmental programs, or military
service.
(I.) Retirement plan transactiems.
( NI) "lax matters.
SPECIAL INSTRUCTIONS•
eiRANTITrif mole Aeir.N 11
ON .1 I 1E 1.01 I ()WIN( ; 1 INI.:5 YOt ) MAY ( 11VE SPECIAL INSTRUCTIONS LIMN 1 IN(; OR EXTENDING THE POWERS
' ( % 7/ h , ( /(!(-)/:.c/1C /a.:c.)1%c
I I
y -d Ss/5,d
1 INLENN YON DIRECT 0 1.1 IERWISE ABOVE, TIIIN PO\VER 01' AT1ORNEY IS El•FEC 1 IVE IMMEI)1A1 ELY ANI)
WILL (ONITINUE HNTII. IT 15 REVOIE1).
I;
111e0101)ele111.
• ThiS 1)1)Wel 01- attorney Win e()1111110e 10 he eneetive eVen 111011g11 I bee(mle (11Sabled, incapacitated, or
STRIKE AND IN! FIAL TI PRECEDIN(i SENTENCE IF l'OU I)() NOT WANT IIS POWER OF ATTORNEY -10 CONTINUE
11 IF l'(-.)0 BECOME I)ISAIILED INCAPA(I-FATEI), ()It INCONIPLTENT
I agicc that aily third party receives a copy or this
olattorney is not effective as to a third party until the thir
the third party for any claims that arise :igainst the third
Signed this day of__
Slate of
County
. 4
'
This document was acknowledged belbre me on
by
Ova ikmy)
document may act under it. Revocation of the power
d party learns of the revocation. I agree to indemnify
party because of reliance on this power of attorney•
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ACCF.IFIThR ; OR A(HI\11"; /I\II)ER APPOINTiviliNT 'HIE AGENT ASSUMES THE 111)11CIARN' AND OTHER LEGAL 11
RESPONSI1111 ITIES ()I' AN AGENT
1
Nu. 3.15. si,01(10(41' i'0wiat ou A oitNEY
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vidakiiing.1.7.11 \Voice Si, 1)envor, CO H02112 —. (.101) 292-2500 — .1•9•1
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1
:ENT BY:Neiley & Alder ; 2-16-96 ; 16:19 ;
Neiley & Alder
600 FOOT WELL SPACING STATEMENT
l
address is
Investments"), state as follows:
Aspen, Colorado 81611-3202 (hereinafter "Valley
9456292;4 2
1.
Properties
on behalf of Valley Investment Pro 201 1.0—'1111 Mill Street, Suite 102 p Partnership, whose
Valley Investment owns real property located at 6818 Highway 82, Glenwood
Colorado 81601, which is in the SE 1/4 of the NE 1/4, Section 1, Townshi Spouts,
Range 89 West, 6th P.M., Garfield County, Colorado. Located on ValleInvestment'
P s 7Sont's
property are the following well(s): Well Permit No. 28952-F, y etmet
2. Valley Investments has been apprised that Elaine BerthoIf, the present owner
located at 0031 County Road 114, Glenwood Springs Colorado81601 and located propene
SE 1/4 of the NE 1/4, Section 1, Township 7 South a. , d in the
to extend the use of her existing well to include Range
8e West, 6th es desires
Investments has reviewed the attached well permit application commercial purposes. Valley
3 The location of Ms. BenhoIf's well is less than 600 feet from Valley Investment's well.
4. By this statement Valley Investment is specifically waiving any objection to the issuance
of a well permit to Elaine Bertholf pursuant to the request as set forth in the attached
application and would request that permit issuance not be postponed or denied because
of any concerns by the Division or others that issuance of the requested well ermit will
se
materially affect Valley Investment's well or water right. Valley Investment also
specifically waives any right Valley Investment may have to participate in a hearing
before the State Engineer pursuant to Section 37-90-137(2), C.R.S.
Dated thisf' . - �i . •
day of December,' 1995..
By
C:1WPS1\DOCS'BERTH2.1 WS
Fd6ruary 12. 1996
)vRJ-5-Re,, 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
(1) APPLICANT - mailing address
FOR
RECEIVED
(X) A PERMIT TO USE GROUND WATER 'Sir ( ) A PERMIT TO CONSTRUCT A WELL
( ) A PERMIT TO INSTALL A PUMP�^:E:CitjA•gFCc"5
STATEI EEA
( ) REPLACEMENT FOR NO.
(X)OTHER to expand use of existing well (Permit No. 23997)
WATER COURT CASE NO.
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
NAME Elaine Bertholf
Receipt Nom -ZX- gjb
STREET 0031 County Road 114
Basin Dist.
CITY Glenwood Springs, CO 81601
(state)
TELEPHONE NO. (970) 945-5392
(Zip)
(2) LOCATION OF PROPOSED WELL
County Garfield County
SE NE '/ of the /a, Section 1
Twp. 7 S Rng. 89 W 6th P.M.
IN,S) E,W)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet): 3 acre-feet
35
Number of acres to be irrigated: 0.33
Proposed total depth (feet): 210
Aquifer ground water is to be obtained from:
groundwater
Owner's well designation Bertholf v1ell
GROUND WATER TO BE USED FOR:
HOUSEHOLD USE ONLY - no irrigation (0)
DOMESTIC (1) ( ) INDUSTRIAL (5)
LIVESTOCK (2) ( ) IRRIGATION (6)
COMMERCIAL (4) ( ) MUNICIPAL (8)
OTHER (9)
DETAIL THE USE ON BACK IN (1 1)
(4) DRILLER
Name existing well
Street
City
(Slate) (Zip)
Telephone No. Lic. No
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
(‘;'-
I
‘i
I
CHECKS TR#38808E 071795 60.00
APPLICATION R Pr'RUVrib RESUUR ,ES
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
8Y
(STATE ENGINEER)
I.D. 5
COUNTZ3_�` �`J
CALOIA, HOUPT & LIGHT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
SAMUEL J. LIGHT
Mr. Eric McCafferty
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
April 4, 1996
Re: Bertholf Subdivision Exemption
Dear Eric:
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
VIA HAND DELIVERY
On Wednesday, February 21, 1996, the Board of County Commissioners conditionally
approved Ms. Elaine R. Bertholf's application for subdivision exemption, subject to the
completion of several items. In satisfaction of the requirements set forth in your February 21,
1996 letter to Walt Brown, I enclose the following:
1. Well -Sharing Agreement.
2. Pump Test Report.
3. Standard Bacteriological Water Test.
4. Well Permit Nos. 046201-F and 046202-F.
I believe these should satisfy the requirements of Item 8 of your February 21 letter.
If you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
CALOIA, HOUPT & LIGHT, P.
JVH:lln
Enclosure
cc: Elaine Bertholf, w/enc.
Walter E. Brown, III, Esq., w/enc.
G:\W P51 \DOCS\MCCAF.1 LT
1
WELL -SHARING AGREEMENT
THIS AGREEMENT is made and entered this day of , 1996,
by and between Elaine R. Bertholf (hereinafter "Developer"), and
(hereinafter "Buyer");
WITNESSETH:
WHEREAS, Developer is the owner of certain property located in Garfield County,
Colorado, described as the S1/2 of the NW1/4 of Section 33, Township 6 South, Range 91 West
of the 6th P.M., and has received approval from Garfield County to create therefrom Parcel
Nos. 1 and 2, as depicted on Exhibit A attached hereto; and
WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel No. 1, and
operates pursuant to Colorado Division of Water Resources Well Permit Nos. 046201-F and
046202-F, which will provide up to 35 gallons per minute of water to Parcel Nos. 1 and 2 for
domestic, commercial, fire protection, and irrigation of gardens and lawns, with commercial use
limited to no more than three acre feet annually; and
WHEREAS, the commercial use of water from the Well is authorized pursuant to Basalt
Water Conservancy District Water Allotment Contract No. 259 issued to Developer; and
WHEREAS, Buyer has entered into a contract with Developer to purchase Parcel No.
2, subject to this Agreement;
WHEREAS, the parties by this Agreement desire to set forth their understanding
concerning the future ownership, maintenance, operation, repair, replacement, and use of the
Well and appurtenant facilities, and related matters.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Ownership of Water Right. Pursuant to a Quit Claim Deed from Developer to
Buyer of even date herewith, Buyer owns an undivided one-seventh interest in and to the right
to withdraw water from the Well. Such interest entitles Buyer to withdraw up to one acre foot
of water annually from the Well at a maximum rate of 5 gallons per minute.
2. Ownership of Appurtenant Facilities. The owners of Parcel Nos. 1 and 2 shall
each own an undivided one-half interest in and to the Well, pump, meter, and associated
facilities for the withdrawal of water located at the Well. Buyer, at its sole cost, may install a
pipeline and associated facilities to accomplish delivery of water from the Well for Parcel No.
2, including a 1,000 -gallon storage tank to be located on Parcel No. 2. Buyer shall, at its sole
expense, repair any damage to the Well, pump, meter, and associated facilities resulting from
the installation of said pipeline. The owner of Parcel No. 2 shall be the sole owner of and shall
G:\WP51\DOCS\BERTHOLF.1 AG
April 4, 1996
be solely responsible for the construction, maintenance, repair and replacement of the pipeline
necessary to deliver the water from the Well to Parcel No. 2 and the storage tank.
3. Easement. Developer shall convey to Buyer a nonexclusive easement in the
general vicinity of that shown on Exhibit A attached hereto for the installation, operation and
maintenance of a water pipeline for the benefit of the owner of Parcel No. 2. Should any party
desire a more specific legal description of the alignment of the pipeline and easement, such party
may, at its sole cost and expense, survey the pipeline alignment, and the parties hereto agree to
execute any necessary quit claim deeds in order to accomplish such purpose.
4. Operation, Maintenance and Repair Costs. Except as otherwise provided in
Paragraph 2., above, operation, maintenance and repair costs associated with the Well, the
pump, meter and associated facilities for the withdrawal of water from the Well shall be shared
equally between the owners of Parcel Nos. 1 and 2. Each owner of Parcel Nos. 1 and 2 shall
be solely responsible for the costs of maintenance, operation, repair, and replacement of any
facilities used solely by that party, including individual service lines and storage tanks. The
owner of Parcel No. 2 shall be solely responsible for the cost of maintenance, repair and
replacement of the pipeline which serves said parcel. The parties agree to cooperate to enter
into mutual agreements for the completion and payment of the costs of any maintenance,
operation, repair, replacement, or improvement of common facilities. In the event the parties
are unable to agree upon any required maintenance, repair, replacement, or improvement, either
party shall be entitled to undertake the minimal maintenance, repair, replacement or
improvement necessary and essential for proper functioning of the common facilities. In the
event a party determines to undertake such work, he shall notify the other party in writing. The
party undertaking the work shall upon completion provide the other party with a written
statement of the work performed and the other party's proportionate share of the costs.
5. Operational Costs. Each party shall install at its own expense a meter on its
individual service line to measure water use. The monthly cost of power to operate the Well
shall be divided among the owners of Parcel Nos. 1 and 2 in proportion to the amount of water
each owner used during the preceding month. If mutually agreed by the parties in writing, the
parties may elect to share equally in the cost of power to operate the Well, in which event they
shall not be required to install separate meters.
6. Water Allotment Contract. The parties acknowledge that the continued operation
of the Well may be dependant upon the release of water from Ruedi Reservoir pursuant to the
Water Allotment Contract, and that failure to maintain the Water Allotment Contract in full
force and effect may result in termination of such releases under the Water Allotment Contract.
Developer shall be responsible for paying two-thirds and Buyer shall be responsible for paying
one-third of any annual charges and any additional charges by the Basalt Water Conservancy
District in connection with the Water Allotment Contract. Developer shall be solely responsible
for ensuring that all terms and conditions of the Water Allotment Contract are timely satisfied.
Developer shall make all required payments to the Basalt Water Conservancy District in
connection with the Water Allotment Contract. Upon presentation of proof of such payment by
Developer, Buyer shall immediately reimburse Developer for one-third of the amount of such
payment. The parties shall cooperate to ensure that all terms and conditions of the Water
G: \ W P51 \DOCS \BERTH OLF.1 AG
April 4, 1996
-2-
Allotment Contract are satisfied.
7. Payment of Common Expenses. The owner of Parcel No. 1 shall be responsible
for collecting each party's share of common expenses. Each party shall pay its proportionate
share of common expenses within 30 days from the time a statement of expenses is presented
for payment. In the event a party fails to pay its share within 60 days of presentment, interest
on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from
presentment. In the event a party fails to pay any amounts due with interest thereon, within six
months from the date of presentment for payment, the party which has paid such costs and
expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this
Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and
execute upon a judgment for collection.
8. Use of Water. Each party shall be entitled to use water from the Well for any
use authorized by the well permits. All such uses shall be made in accordance with the terms
and conditions of the well permits and Water Allotment Contract.
9. Waste. No party shall waste water, and each party shall exercise prudence and
conservation in the use of water in order to allow for the efficient and beneficial use of the Well.
Unless otherwise agreed to among the parties, no party shall use more than its pro rata share
(as set forth in paragraph 1 above) of the water physically available at the Well.
10. Fees. Each party shall also bear its own attorneys fees incurred in the
implementation of this Agreement. However, in the event litigation is necessary to enforce the
rights of the parties hereto, as between themselves, the prevailing party in such litigation shall
be entitled to reasonable attorneys' fees and costs of suit actually incurred.
11. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the
benefit of and be binding upon the parties, their heirs, devisees, executors, administrators,
assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement
shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall
run with the lands upon which the Well is used.
12. Complete Agreement. This document embodies the entire and complete
agreement of the parties on the subject matter herein. No promise or undertaking has been made
by any party, and no understanding exists with respect to the transaction contemplated, except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are integrated and merged into this Agreement.
13. Amendment. This Agreement may be amended from time to time by the owners
of Parcel Nos. 1 and 2 in written form and executed in the same manner as this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement on the day and year
first written above.
G: \WP51 \DOCS\BERTHOLF.1 AG
April 4, 1996
-3-
By
STATE OF COLORADO )
) ss.
COUNTY OF )
DEVELOPER
Elaine R. Bertholf
Acknowledged, subscribed, and sworn to before me this day of
199 , by Elaine R. Bertholf.
WITNESS my hand and official seal.
My Commission expires:
G: \ W P51 \DOCS\BERTH OLF.1 AG
April 4, 1996
-4-
Notary Public
By
STATE OF COLORADO )
) ss.
COUNTY OF )
BUYER
Acknowledged, subscribed, and sworn to before me this day of
199 , by
WITNESS my hand and official seal.
My Commission expires:
G: \ W P51 \ DOCS \BERTHOLF.1 AG
April 4, 1996
-5-
Notary Public
J
PLUMBING - HEATING - SHEET METAL - WATER SYSTa41S
ROUTE 1, BOX 120
GLENWOOD SPRINGS, COLORADO 81601
Phone: 945-5239
Mr. Desmond Berthoif
Route 1
Glenwood Springs, Colorado
Dear Mr. Bertholf:
rfiA
February 1, 1967
Your well was test -pumped in March 1966 at 15 gallons per
minute for four hours. The water remained clear; no sand.
MJH/vh
Yours truly,
J & MyUMP CO., INC.
44:7:1 Wn Holub
//
*
STANDA D 3A T = :u' CGECJL WATER TEST
Colorado State Depar:7nent ci Public rtes;th
4210 East 11th Avenue - Denver 20
Phone 338.5E01
aural
Sample taken: Date 1131/67 Townf 1 County (-7.1d
.)Dr'1:1 s
Type of Supply: (x) Private ( ) Municipal ( ) Food Establishment
Source: (X) Weil ( ) Surface
Sample Taken by: Desmor-d D. Bert17o1
Fill In all Information
Return Report
to. Desmond D. Bel-tioo1 f
Address 7.t. _ 1, Box :117 A
City -State G' ' T. d S +- d( -
CMM°. L.b. 6. 193.3 (MOM)
SEE REVERSE SME `:OR
Sampling ;nstructians
ae* e
•�� ai V...
3Ga
,MPN
E1.714144
C
UNIAMIAC7017 •O !TIC
N«.� r1.www
FORM NO.
GWS-12N
10/89
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
For ;e Use only
PERMIT NUMBER 046191
-
REGISTRATION OF DECREED EXISTING WELL
PURSUANT TO C.R.S.37-92-304(8)
1.
WELL OWNER
ELAINE R. BERTHOLF
0031 CR 114
GLENWOOD SPRINGS, CO 81601
2.
WELL LOCATION: COUNTY: GARFIELD OWNER'S WELL DESIGNATION:
BERTHOLF WELL
(Address) (City) (State) (Zip)
SE 1/4 of the NE 1/4, Sec. 1, Twp. 7 South, Range 89 West of the 6th.P.M.
Distances from Section Lines: 3000 Ft. from South Section Line, 350 Ft. from East Section Line.
3.
The
and
well has historically been used for the following purpose(s): Domestic, irrigation of lawn and garden,
fire protection.
4.
Water from the well was first used beneficially by the original owner for the above described purpose(s) on
May 24, 1965.
5.
The total
depth of this well is 210 feet.
6.
The total pumping rate is 36 gallons per minute (0.08 CFS).
7.
The average
annual amount of water diverted is not specified.
8.
The land
area irrigated from this well is: not specified.
•
or as
(Legal Description)
Subdivision Lot(s) Block Filing/Unit
' 't 0 pyi
-. ,„, , ki,:1‘,..
INTO
FOR OFFICE USE ONLY
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92-304(8), CRS THE STATE ENGINEER HAS ENTERED
HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PERMIT NUMBER, THE DETERMINATIONS MADE BY THE
DIVISION 5 WATER COURT IN CASE NO. W-304 FOR THE BERTHOLF WELL
A TOTALIZING FLOW METER MUST BE INSTALLED ON THE WELL AND MAINTAINED IN GOOD WORKING ORDER.
PERMANENT RECORDS OF ALL DIVERSIONS MUST BE MAINTAINED BY THE WELL OWNER (RECORDED AT LEAST
ANNUALLY) AND SUBMITTED TO THE DIVISION ENGINEER UPON REQUEST.
THIS WELL IS SUBJECT TO ADMINISTRATION BY THE DIVISION ENGINEER IN ACCORDANCE WITH APPLICABLE
DECREES, STATUTES, RULES, AND REGULATIONS. THE ISSUANCE OF THIS PERMIT HEREBY CANCELS PERMIT
#23997.
f
dt o n
State Engineer By Dat
Form176k OFFICE OF THE S- "TE ENGINEER
GWS -25 COLORADO DIVISLA OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866-3581
APPLICANT
EXST
WELL PERMIT NUMBER 046202F
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot: Block: Filing: Subdiv:
ELAINE BERTHOLF
0031 CR 114
GLENWD SPRINGS CO 81601-
(970) 945-5392
EXPANSION OF USE OF EXISTING WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 NE 1/4 Section 1
Twp 7 S RANGE 89 W 6th P.M.
DISTANCES FROM SECTION LINES
3000 Ft. from South Section Line
350 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the expanded use of an existing well, constructed under permit no.
23997 (canceled), appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion
to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy
District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment
contract between the well owner and the Basalt Water Conservancy District for the release of replacement water
from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.259.
4) The use of ground water from this well is limited to commercial purposes at an office/retail space/warehouse, and
the irrigation of not more than 14,375 square feet of landscape at the commercial property. All use of this well
under this permit will be curtailed unless the water allotment contract or a plan for augmentation is in effect.
5) The maximum pumping rate shall not exceed 35 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed three (3) acre-feet (977,550
gallons).
7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records
of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
8) The well must be located not more than 200 feet from the location specified on this permit, and not less than 600
feet from any existing well, excluding the wells included in Hearing case no. 965E-02.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court
case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these
markings. 3-y-96
APPROVED
JD2
v? C; a w i;t.
State Engineer
Receipt No. 0388085
DATE ISSUED MAR. 0 7 1996
By
EXPIRATION DATIMAR 0 7 1997
FROM : WALTER E. BROWN III
PHONE NO. : 970945990.9 Apr. 10 199E 10:05AM P01
Carbondale tit Rural Piro Protection District
300 Maadavood Drive
Carbondale, CO 81623
(970) 963-2491
Fax: (970) 963-0569
March 5, 1996
Mr. Mark Chain
Garfield County Planner
109 8th St.
Glenwood Springs, CO 81601
Dear Mark,
I have reviewed the plans for the sub -division cxcmpticn for Elaine Bertholf and would offer the following
comments regarding fire protection to the property.
The property is in the Carbondale & Rural Fire Protection District and the District will provide service to the
property.
Access to the property appears to be adequate from County Road 114.
Water supply for fire protection will be the water carried on the Carbondale fire trucks as there is no
developed water supply source in the area.
Response time to the property is approximately 10 minutes with first response corning from the district's
station located on County Road 154.
If you have any questions please feel free to contact me at 963-2491.
Sincerely,
Ron Leach,thief
Carbondale & Rural Fire Protection District
FROM : WALTER E. BROWN III PHONE NO. : 97094589113
0415 '00 12!82 ID:LAN1ERFAX3800 FPX:
11000011111111111111101111111111.1
Apr. 15 1996 02: 0E1PM PO?
PAGE 2
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