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HomeMy WebLinkAbout1.0 ApplicationPursusant amended, and adopted April • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION_ FOR_ EXEMPTION to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as the Subdivision Regulations of Garfield County, Colorado, 23, 1984 Section 2:20.49, __Clarence F. Dawson & Betty S. Dawson of County Commissioners Resolution the division the undersigned respectfully petitions of Garfield County, Colorado, to exempt of 59.54 acre tract of land into the Board by 3 tracts of approximately 30, 20, 10 acres each, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: Petitioner intends to sell the 20 acre and 10 acre parcels. SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed•on January 1, 1973. J. A $100.00 fee;mu "1 be submitted with the application. petitions Betty S. Dawson Peti`tione 1 renc F. Dawson P.O. Box 87 Mailing Adress New Castle, CO 81647 City 984-2136 State Telephone Number SOPRIS REALTY, INC. 502 Main Street Carbondale, Colorado 61 623 (303) 963-2000 FAX (303) 963-2116 June 11, 1990 Board of County Commissioners Garfield County, Colorado Ladies and Gentlemen: Applicants intend to retain the existing house and outbuildings on approximately 30 acres, and they intend to sell the other two parcels of approximately 10 and 20 acres. Applicants now have a full domestic well which can serve three households as evidenced by copies of Well Permit issued 12/10/73 and ruling of Water Court issued 7/18/79. Applicants have irrigation water rights for .5 cubic feet per second from the Clinetop Ditch as evidenced by Agreement for Sale and Purchase of Property, dated February 3, 1972. Applicants have owned the property since February 4, 1972, as evidenced by Warranty Deed. Vicinity maps and survey showing approximate parcel dimensions and approximate location of existing electric lines and irrigation ditches are included. Included with this application are Soil Survey and Building Site and Sanitary Facilities Tables provided by the U.S. Department of Agriculture Soil Conservation Service. It REALTOR® Carbondale — " Where Rocky Vistas Meet Crystal Waters" e • NEIGHBORING PROPERTY OWNERS 024 Russell N. Hicks 3071 Gunnison Grand Junction, CO 81504 045 Jeri N. Locanna 4824 Road 243 New Castle, CO 81647 048 Henry James Paruszewski 128 Mesa Vista Grand Junction, CO 81503 • • December 12, 1990 Andrew McGregor Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 Dear Andrew, 21ff DEC 121990 GARFIELD COUNTY The purpose of this letter is to request an extension of 90 days in the subdivision exemption process on our property on County Road 243 north of New Castle. We are making good progress in meeting the county's requirements. However, we have run into some difficulties in regard to the preparation of the final plat. The preliminary surveying has been done, but there is some confusion about the ownership of a strip of land between our property and the county road. We need to clarify this ownership in order to be certain of legal access. Our surveyor is researching the situation now, and we hope to have this problem solved shortly. We do appreciate thQ assistance and cooperation from your office, and we will keep you apprised of our progress. Thank you for your attention to this request. i r -rel_ Monk and Betty Dawson (9L no__ ,y� 7/jo • • DAWSON SUBDIVISION EXEMPTION ISL AGREEMENT WITNESSETH this Agreement entered into this day of , 1991 by and betweeen Clarence and Betty Dawson, hereinafter referred to as Grantor and hereinafter referred to as Grantee. WHEREAT;, Grantor has conveyed to Grantee by Warranty Deed, a parcel of land described at Exhibit A, attached hereto and incorporated herein by this reference, located in Garfield County, Colorado, hereinafter referred to as Lot. and WHEREAS, by reason of the aforesaid conveyance of real property to Grantee and by reason of Grantor's ownership of contiguous properties described at Exhibit B, attached hereto and incorport.ed herein by this reference, hereinafter referred to - Lots rind , Grantor and Grantee will be adjacent landowners; and WHEREAS, the parties wish to set forth and memorialize their agreement with respect to the construction, future maintenance, use and cost sharing of a well and water supply lines located upon and for the benefit of the property of the parties beret.° described above. NOW THEREFORE, in consideration of the mutual covenants, promises, obligations and conditions set forth hereinafter and in further consideration of the conveyance of the real property described above by Grantor to Grantee, and parties hereby agree as follows: • WELL A. Grantor is the owner of certain adjudicated water rights and the recipient of a well permit for the construction of a well on Grantor's property capable of providing in --house water for three single-family residences, not to exceed a total well flow of 15 gallons per minute. Said well is constructed and in place on Lot 1. Grantor does hereby grant t.o Grantee the right to utilize not more than 5 gallons per minute of 1/3 of the water derived from said well, whichever is less, for in-house water uses t.o serve one single-family dwelling to be located on Lot . Said grant and right is subject to Grantee's compliance with the terms and conditions of this Agreement and may be revoked by Grantor upon a breach hereof. B. The installation of pumps and other equipment to draw water to the wellhead, electrical service, water lines, and the future maintenance and repair of said well shall he shared prorat.a as described hereinafter. C. H.aintenance and Repai.r Qi We1.1. Each party shall bear the responsibility for attending to the maintenance, repairs and replacement of the well and its related improvements. This responsibility must be shared by all parties to er;:;ure property maintenance during the absence of one or more of the parties. In the event of an emergency requiring immediate action by either party hereto in order to protect the water well, its related improvements, the property of either party and/or the health and safety of • either party horetas enoh party hereby grants to the other the right to undertake such repairs as may be necessary to satisfy the foregoing purposes. The parties shall share in the cost set forth in this paragraph C on a prorata basis determined by the number of users of the well at the time such repairs are necessitated. The costs of installing water lines to serve the various Tots Shall be paid for by the particular lot owner. D. Eascmenta. The parties hereto hereby agree to convey to each other reciprocal easements for the location of the well and electrical service as determined by Grantor and waterline easements ten feet in width from said well to the property boundaries of all other parcels owned by Grantor and Grantee. Said easements shall also include the right of access for maintenance and repair of the well and water lines along said easement. All such easements shall be reasonably located by mutual agreement of the parties so as not to interfere with the present or future development or use and enjoyment of the property over which said easement shall cross, however, due consideration shall be given to topography and other physical constraints so as not to cause undue expense in the construction of water lines contemplated herein. E. Electrical iervJae— The parties shall share on a prorate basis based upon the number of users of the well, the cost for electricity to serve the well and its related improvements. The parties shall attempt to obtain separate 1 • • electrical metering for service to said well and improvements and shall pay the cost therefor as they accrue. In the event the parties .10 not separately meter the well and related improvements, then the parties shall reasonably estimate the cost of providing electrical service to said well and shall pay said costs when due. F. W X1.1 Permits. Grantor shall promptly apply for in- house use well permits for each lot. At such time as said permits are received and presented to Grantees, this Well Agreement shall cease to be in effect and shall be considered null and void. PERMIT NO. 172%20 NO STATEMENT OF BENEFICIAL USE HAS BEEN RECEIVED. THIS FORM IS BEING FILED IN LIEU OF THE STATEMENT OF BENEFICIAL USE. THIS DOES NOT CONSTITUTE EVIDENCE OF BENEFICIAL USE, NOR DOES IT ESTABLISH A WATER RIGHT. ANY FURTHER ACTION ON THIS PERMIT MUST BE PRECEEDED BY AN ACCEPTABLE STATEMENT OF BENEFICIAL USE. NAME b-AREMCC bA\OJ ADDRESS Box 77 CITY CASTLE- sr.C� zip/66i7 WELL LOC. R.,q1 in/T.LIS ,S.2(:),I/4 N&,I/4 S , 6 PM. DISTANCES! /OO FT. FROM , SOUTH) SECTION LINE l_SZ FT. FROM (EAST,) SECTION LINE DATE WELL COMPLETED DEQ 26i 197 TOTAL DEPTH OF WELL '1B' FT. STATIC WATER LEVEL 31 FT. PUMPING RATE I S- G.P.M. ANNUAL APPROPRIATION \ ACRE FT. ACRES TO BE IRRIGATED USE CODE DIV. s C0.23 ,DIST. 39 ,BASIN_,MAN.DIST. •wAi2'1. THIS FORM MUST BE SUBMITTED WITHIN 60 DAYS OF COMPLETION OF THE WORK DESCRIBED HERE- ON. TYPE OR PRINT IN BLACK INK. ltAtOL'' COLORADO DIVISION OF WATER RESOURCES 300 Columbine Bldg., 1845 Sherman St. ' Denver, Colorado 80203 WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NUMBER "!ie724 WELL OWNER ej/ReAtc -` r T7 iW 5,ji PUMP INSTALLATION REPORT Pump Make Ola _ypetc owered. by .9 20 HP / Pump Serial No; irPd/'" 1 2 otor Serial No. ate Installed ,E,b az imp Intake Depth � 7 marks ELL TEST DATA WITH PERMANENT PUMP Jate Tested ft-‘ 4 Static Water Level Prior to Test .. / ? _ength of Test fJ Hours :sustained yield (Metered) o�Q GPM Pumping Water Level - tmarks V� Ile TOTAL DEPTH CONE Of :DEPRESSION CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon.; that he has read the statement made hereon; knows the content thereof, and that the same issytrue o.,f his How oo l ge. Signatur License No State of Colorado, County of Gi 7.PFI�'Gn SS Subscribed andsworn to before me this Xeday of AMY/ , 1975 My,Commission expi Notary Public ' expires Apr. 27, 1977 , 19 24- — I/7 FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. WHITE AND GREEN copies must be filed with the State Engineer. PINK COPY is for the Owner and YELLOW COPY is for the Driller. 1 • r• • - WRJ-5-72 f Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOURCES t`��0 101 Columbine Bldg., 1845 Sherman St., Denver, ColoradoC (� `V88020 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER p•Q A PERMIT TO CONSTRUCT A WELL FOR: kA PERMIT TO INSTALL A PUMP (1) APPLICANT - mailing address NAME STRE CITY e ( ) REPLACEMENT FOR NO. ( )OTHER T r ANAMPIEWe (State) (Zip) f A.2/. TELEPHONE NO. .r.V yI (2) LOCAT,!'QN OF PROPOSED WELL County V Q 1' Fi e Id I �JF 'h of the S0 %L. Section Twp/ 4 , Rng. 9 / P.M. 13 ool'ette: .80:0•„ „ 040 O0- RE NEDl elk COLO. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. Vi ' Basin Dist. 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. Approved per (3) (b) (ii). CRS148-2145: this well to be the only well on a tract of more than 35 acres designated as that ,S9 acres in Palria,l (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): d A� Number of acres to be irrigated: I A C Y e - 14 der" Proposed total depth (feet) : Aquifer ground water is to be obtained from: jr fa eYP,ok('Il''ne Toi j), /eh Owner's well designation A10101P4 Sf `n Y r GROUND WATER TO BE USED FOR: s�nvLD USE ONLY - no irrigation ; ;• (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be uses) must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - -}- - + - -f- - -+- - --f- - -1- - -f- - 4- ��--- 1 MILE, 5280 FEET -1- + -1- + + + +- ± -F 1 1 1 I + — 4 - _ NORTH SECTION LINE 1 1 A—NORTH 1 �-L -I Bo 1 ' -}- +- + i -I1 SOUTH S I1+ + + •+ 4- -4- -I- + + r 1 n .1 s".-4- I 2-6 1 I ECTION LINE 1 1 1 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. — (6) THE WELL MUST BE LOCATED BELOW - by _ -____by distances from section lines. + Zee -Q, ft from sec. line I affel ft from S LOT BLOCK FILING # SUBDIVISION sec line (7) TRACT ON WHICH WELL WILL BE LOCATED No. of acres if, Will this be the only well on this trach (8) PROPOSED CASING PROGRAM Plain Casing 10 1 in from 1 ft to 4,20 ft in from Perforated casing in from / t Q ft. to ft ftto /. ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: t (10) ND 0 WHICH G'OUND WATER WILL BE S D: Owner(s): e, v? ( P f 4 e1 / i / Sec No. of acres. Z Legal description. i D /V S .7 .5 _S r« 5 A 9/w rthe (11) DETAILED DESCRIPTION of the use of ground water: /� Yrr'/4 tie A/ Z. UV e Si i4 NMPS ti 0 (12) OTHER WATER RIGHTS used on this land, including wells. Type or right 1-e /J( Used for (purpose) Description of land on which used y-1-11gat."o// (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THEEST OF HIS KNQWLEDG SIGNATURE OF APPLICANT/S1 Use additional sheets of paper if more space is required. w rvi � MAY 311991 GAK►-IELD COUNTY MEMORANDUM :ICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES TO: Clarence F. Dawson RECEIPT NOS.: 324850, 322843, and 320347 DATE: May 9, 1991 Your applications for well permits are being returned for the reasons listed below. The information and/or documentation requested is required before we can proceed further with the evaluation of your applications. All corrections you make to the applications must be typed or printed in BLACK INK. Please initial IN BLACK INK all changes or additions. 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 FAX [303] 866=3589 JERIS A. DANIELSON State Engineer FROM: Marsha Smith Contact the Ground Water Information Desk at this office if you have any questions. Receipt No. 324850 to change use of existing well permit No. 72720: Because this well was decreed as the only well on a tract of 59 acres (per Div. 5 Water Court case No. W- 3892), we cannot proceed with our evaluation for your new permit to change the use of this well from domestic to household use only on the 29 acres you indicate to be Lot 1, Dawson Exemption. Furthermore, your decreed location for this well -- 1315 feet from the East section line and 2000 feet from the South section line of Sec. 26, Twp. 4 South, Rng. 91 West of the 6th P.M. -- doesn't match the location stated in item (6) of this application. Nor does it match the location stated in permit No. 72720. The decreed location, however, appears to place the well within the boundaries of Lot 1 -- as plotted from the legal description you provided. We aren't certain, however, where the parcel plots on the topo map because the legal description has no section tie to verify its location. _ A well constructed greater than 200 feet from its decreed location is a change in water right and would require a new permit to correct the location. Also, based on our analysis, if your well was drilled at the location stated on permit No. 72720 then it was not drilled on Lot 1. Once you obtain a new decree for the CORRECT location of your existing well, for the uses you intend, for the acreage on which it is to be the only well, we can proceed with your application, provided the location correctly places the well on the parcel you designate. Receipt Nos. 322843 and 320347: Once you obtain a new decree for your existing well, per the above, we can proceed with our evaluation of these applications for household use only wells on the respective parcels created by the Dawson Exemption, provided the locations you specify in items (6), (2), (5) and (10) correctly locate the proposed wells on their designated tracts. Please provide a copy of your new decree when you return all three applications! cc: Orlyn Bell and Dwight Whitehead, Div. 5 WRJ•5•Rev, 76 I 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 ( FOR: d PERMIT APPLICATION FORM ) A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP ( �) RLACEMENtT FOR NO d BOTHER li" a ^-y: Ctsg_ WATER COURT CASE NO RECER 'ED PR 2491 WATER R SC'J R C -S STATE ENGNEER COLO. Of- /'ii °p4 AVO 7272 m w i U (1) APPLICANT - mailing address NAME e 7a 6'-c— /,4s, oar .0 FA_ STREET 21 7$ C(- /Qo1 CITY ye, (c— L o 9 / V.z (stat) (ZIP) TELEPHONE NO 9 8 - ( a (2) LOCATION OF PROPOSED WELL County a �✓ �� A/7E 1/. of the '4, Section Twp. / ,1 Rng. -1 u! (N.SI (E,W) e 1%-- 6 P.M (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): Aquifer ground water is to be obtained from: /•//4 vim -u --'--- Owner's well designation #004 -"Se' --,660-4",//4 '- Lerl Z_ GROUN ATER TO BE USED FOR: OUSEHOLD USE ONLY - no irrigation (0) ) DOMESTIC (1) ( ) INDUSTRIAL (5) LIVESTOCK (2) ( ) IRRIGATION (6) ) COMMERCIAL (4) ( ) MUNICIPAL (8) /O T B OTHER (9) DETAIL THE USE ON BACK IN (11) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN1 Receipt No. -92-24.,1-5/0 / (4) DRILLER 6.--e I/ Lcc e -- 6 `r -wt/'.—J C - v5/'64-6 f G# NameteeN t - Pe /1�0 7--k 72cam% Street City (State) (Zip) Telephone No. Lic. No. Basin Dist. 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. r � t,> S APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY (STATE ENGINEER) I.D. COUNTY 13 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - - -f- - -{- - -+- - + - -I- -+- - 4- 1 I �! 1 MILE, 5280 FEET i- + + + + + . -I-- I + —-i-— I NORTH SECTION LINE I W- - + - 2 1 1 1 - - ...!- - - i 1/:.7, I 1 1 I H SECTION LINE • 4 + — + — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATEL4.BELOW by distances from section lines. - , 1-.(0Oft. from .Sou 7e 4_ (north or south) '✓ c t?ft from EQs (east or west) sec. line Ni[ y ` sec line LOT BLOCK FILING RcsTi- AL_ .✓.'- 6 SUBDIVISION ?' O !( (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: 1204. --..co No. of acres 2 q Will this be the only well on this tract' (8) PROPOSED CASING PROGRAM Plain Casing 5 e. L cy ler'" ' ( f- O 72720 in from ft. to ft. in from ft. to ft. Perforated casing in from ft to ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute Igpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR 'REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): 04'-15 0 L. No. of acres f p .Z % -- Legal description- Art.4 OFfCc-<f� PeS« 26 T�� -4eS# df 9/ w of MML h. /_"1_ (11) PETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. �h. 6 S- / Fey -a,. - .<.— v e /1'0 ig .)C. "OW —C /rO.a. e . /- C cr1COG k Q' e /'9 2•",e, • .yde T_ �/-1 ! _ # oit n /,...S.-- Q��OI0' -t 5....,/ -,-c, /tea c -( .5r. ,t, (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGN URE OF APPL/CAN lS Use additional sheets of paper if more space is required. / WRJ-5-Rev. 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 ( 74) A PERMIT TO USE GROUND WATER ( 7) A PERMIT TO CONSTRUCT A WELL FOR: (x-) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. ( ) OTHER WATER COURT CASE NO. FEB 27'91 WATER RESOURCES STATE E;I<.Gtf::!R COLO. y (1) APPLICANT - mailing address NAME STREET % 7L5 "4 -11 -OX g CITY2lQJ4k� / 8/6 y (State) ( tp) TELEPHONE NO.303 90 q—)-/30' (2) LOCATION OF PROPOSED WELL County LV' % of the $c. F Ya, Section �(p 4,7 Twp. V , Rng. V" • • 6 N,S) (E,W) P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( HOUSEHOLD USE ( ) DOMESTIC (1) ( ) LIVESTOCK (2) ( ) COMMERCIAL (4) ONLY - no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( ► OTHER (9) DETAIL THE USE ON BACK IN (11) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN;,-, c•J Receipt No.i 3 / 1, (4) DRILLER Name Street City (State) (Zip) Telephone No. Lic. No. Basin Dist. 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. 0L i- 3 APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY (STATE ENGINEER) I.D. ` COUNTY o2 3 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. — + — + -- --�- — -� — -f- — •4---- 1 MILE, 5280 FEET ----I f + -I- + ± + NORTH SECTI -h 1 I 1 1 1 - +- - — _ 1 _ — __ 1 1 x ION LINE m 1 m m -1 O r -m I LOT BLOCK FILING * (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 3 DD ft from I /06 ft. from dL .g (1h (north or south) sec. line �0 esec line (east or west) SUBDIVISION — (7) TRACT ON WHICH WELL WI4L BE LOCATED + + e�Owner lic /C odr�,.� No. of acres 0 Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM 1 Plain Casing in from © ft to 41° ft I in from ft to ft. 4 Perforated casing 1. SiY t tO ft + + + 4 - �- 4- in from ft to 1 (9) FOR REPLACEMENT WELLS givedistance 4- --1-- — — + — + — + - 4- - -r- . - it: and direction from old well and plans for plugging The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (10) SAND ON WHICH GROUND WATER WILL BE USED: Owner(s): No. of acres- Oa 0 Legal description- a !hate- 1,.IQ. Vii,. s--5.141 SE Seekhi 2.6 TVs; R 11 it/,; 6lgrin (11) QETAILED DESCRIPTION of the use of ground ater: Household use and domestic wells must indicate type of disposal ' 9`0 . tmQGQ_ system to be used./ (4 (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE T • THE BEST OF HIS ' a ' EDGE. 4 SIGNATURE OF AP L ICANT(S) Use additional sheets of paper if more space is required. P.M. • IRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. f (O. ee COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION RECEA v) A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL FOR: (X) A PERMIT TO INSTALL A PUMP FEB 27'91 WATER RESOURCES STATE ENGINleR rn) n ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address i NAM / e d WS /1/ STREET A1/5 /had ) l[J CITY Ned : Z7!07'% as7e / /� TELEPHONE NO9 g (9(State) )/`_' (Zip) (2) LOCATION OF PROPOSED WELL /7 t el d County a �j' Tw W Ya of the a. T ,S Rng IN,S) 5 fL % Section 9/ w , (E,W) 2� (3) W Propo ATER USE AND WELL DATA ;ed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): r Number of acres to be irrigated: 0 Propo Aquif sed total depth (feet): :r ground water is to be obtained from: Owne is well designation a421.4.0 -4 -dr) cter UND WATER TO BE USED FOR: HOUSEHOLD USE ONLY - DOMESTIC (1) LIVESTOCK (2) COMMERCIAL (4) OTHER (9) DETAIL THE USE ON BACK IN (11) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) rrr<T7,7.T.F7771 DEC 0? '90 WATER RESOURCES STATE ENGINEER COLO. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN r; al Receipt No al24i-'7 Basin Dist. q'• m 1 CA (4) DRILLER /-1C d D. JtLe' _ Name Street City Telephone No (State) (Zip) 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. APPLICATION APPROVED JAIL' A PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I D COUNTY c72 3 — �� (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. tNORTH. �i- 1 MILE, 5280 FEET ----11 TION LINE I I I I - - -1- I - - )t - --I- - ' SOUTH SECTION LINE + — (6) THE WELL MUST BE LOCATED BEI,,Q 1 by distances from section lines. /7S'4) ft. from -150r, ft from SD i/Th1 'sec. line' Mk (north or south) E/s- s� t.4 -S% sec. line LOT BLOCK (east or west) FILING * SUBDIVISION + 4 + 4 -I- -I- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (7) TRACT ON WHICH WELL WILL BE LOCATED Owner c«►cAtee F 0A14,,cat/ No. of acres /a. the only well on this tract? Will this be yi (8) PROPOSED CASING PROGRAM Plain Casing in from 0 ft to 40 ft in from Perforated casing c1-6 in from in from ft. to ft. ft to 5V ft ft to :t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): 04,167 A/ez. F /JAw,o,i No. of acres: ID Legal description- A- /d AC TSP, -C-% LoCA7 /N NWSF C ZC) T95),r 9/k) GF (*1, (11) DETAILED DESCRIPTION of the use of ground wafer: Household use and domestic wells must indicate type of disposal system to be used. imu5/2.1f04.40 a 56 a NLY, S OPTIC 7 -A -/v, f G E.AC/IF LO (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS RUE TO THE BAST 0 HIS KNOWLEDGE. SIGNATURE OF APPLICANTS Use additional sheets of paper if more space is required. • IIi. T)iE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3892 V TFIE MATTER OF THE APPLICATION ) OR WATER RIGIITS OF ) LARENCE F. DN4SON ) J TUE COLORADO RIVER ) iR ITS TRIBUTARIES ) 'RIBUTARY T.NVOLVED: ELK Ctt K ) :ti GARFIELD COUNTY F7ILElD IN WATER COURT Division No. 5 JUL ln1979 5TAT e OF COLORADO AMENDED l WATER CLE$K /.. L Y D�PtiTY RULINJG OF REFEREE RECEIVED APR 24'91 WATER RESOURCES STATE ENGINEER COLO. The above entitled application -was flied on September 25,1978, and was ,ferreu to the undersigned as Water Refeeee for Water Division No. 5, etate of Colorado, by the Water Judge of said court on the 20th day of October, 1978, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are neces- sary to determine whether or not the: statements in the apOlication are true and having become fully advised with. respect to the subject Natter of the application does hereby make the Iollowing determination and ruling as the Referee .in this matter, to -wit; 1. The statements in the application are true. 2. The name of the structure is Dawson Dor.iestic: Well No. 1. 3. The name of the claimant and ac?c1ress is Clarence F. Dawson; 290 :gest Main; New Castle, Colorado. • 4. The source of the water is a well having a depth of 73 feet and being tributary to Elk Creek, tributary to the Colorado River. The well is located in the NF 14 SE ' of Section 26, T. 4 S., R.91 W. of the 6th P.M. at a point 1315 feet vilest of the East line and 2000 feet North of the* South line of said Section 26. 6. The use of the water is domestic and irrigation of not more than one acre of land. 7. The date of initiation of app.ro)riation is December 10:1973. 3. The amount of water claimed is 1).033 cubic foot of water per second of time, absolute. 9. On December 10,1973, the Office or the State Engineer issued Permit No. 72720, subject to the following "conditions of approval": This well shall be used in 3uch a way as to cause no material injury to 'existing water ri.Ihts. The issuance of the permit does _1_ 3 15 mod • • 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. Approved per (3) (b) (ii) .CRS 140-21-45: this well to be the only well on a tract of more than 35 acres designated as that 59 acres in portion of H.E.S. #53, Garfield County, Located in portion of NE 4 of SE 4, Section 26, T. 4 S., R. 91 W.,6 P.M. 10. The well was completed and the water first applied to the above beneficial use in 1974. The Referee does therefore conclude that the above entitled application should be granted and that 0.033 cubic foot of water per second of time is hereby awarded to the Dawson Domestic Well No. 1, for irrigation of one acre !� of land and domestic uses, with appropriation date of the 10th day of December 1973, absolutely and unconditionally; subject, however, to the conditions of Pr.prova1 of the Permit as set forth in Paragraph 9 above.. The above described underground water right fleets the criteria for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602 (3)(b)(ii) so long as it is used for the purposes set forth herein, and by statute. The Ruling of Referee Dated January 31,1979, is hereby cancelled. It is accordingly ORDERED that this .ruling shall be filed with the Water Clerk and shall become effective upon '.i filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973, It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the Stare Engineer. Done at the City of Glenwood Springs, Colorado, this /6'6 clay of db1..y ,19 29' . r> TIIE REFEREE t Ua t1Ree Water Division No. 5 S La to of Colorado c, • ..... RECE6VED APR 24:91 WATER RESOURCES STATE ENGINEER COLO. IN THE DISTRICT COURT Iia AND FOR WATER DIVIfSION NO. 5 STATE OF COLORADCO Application No. W-3892 IN 'TIE IIATTfR. OF THE APPLICATION FOR WATER RIGHTS OF CLARENCE F. D 14SOi1 I.1 TUE COLORA00 RIVER OR ITS TRIBUTARIES TRIBUTARY ?UVOLVED: ELK CR.:EK IN GARF II LD COUNTY • F. I L. E L) IN WATER COURT Division No. 5 JUL ln1979 $TAT OF COLORADO D�w' L�G•.C� - Pt.TY MENDED RULING Or' REFEREE n The above entitled a pplication'wa,s filed on September 25,1978, and was -qerred to the undersigned as :later Referee for Water Division No. 5, :A:ate of Colorado, by the Water Judge of said court on this 20th day of October, 1970, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of.1969. And the unJersigned Referee having rlade such investicJac_longa as are neces- sary to determine whether or not the statements in the aptilica t• ion era true and having become fully advised with respect to the subject matter of the application does hereby make the /allowing determination and ruling as the in this matter, to -wit; • The statements in the application are true. The name of the structure is Uagson ,Dos;teratic.; i:e L],,No. ,1. 3. The name of the claimant and a,:iaress is Clarence F. Dawson; 290 :;test Main; New Castle, Colorado. 4. The source of the water is a well :laving a ;L pth of 73 feast and being tributary to Elk Creek, tributary to the Colorado River. Referee 1. 2. 5. The ,well is located in the HE II SE 4 of the 6th P.M. at a point 1315 feet feet :forth of 'the' South line of said of Section 26, T. 4 S., R.9]. W. West of the East line and 2000 Section 26. 6. The use of the water is domestic and irrigation of not more than one at.re of land. 7. The elate of initiation of appr.odriation is December ITM173. 3.. The amount of water claimed is 0.0 .3 cuh',ic foot ,of water per second of time, absolute. 9. On Decedaer 10,1973, the Offices o" the State Engineer issued Permit No. 72720,,subject to the following "conditions of approval": This well shall be used in such a way as Lo cause no material injury to existing water r.itjhts. 'fhe issuance of the permit does -1- • • M not assure the applicant thaL no injury will occur to another vested water right or preclude another Crider of a vested water right from seeking relief in a ivil court action. APProved—p 43)..04.(ii}..CRS 14Th -21.45: this well to he -the only well on a tract of more than 35 acre: designated astbiWiliW591001tbs.,; in portion of,,A ,�. ► Garfield Comity, Located in portion of NE 4 of Sr 4, S'e�tion 26, T. 4.S., R. 91 4d.,6 P.M. 10. The well was completed and the water first applied to the above beneficial use in 1974. The Referee does therefore conclude that the above entitled application should be granted and that"''"d°:" 3 3,“cuaic-_foot,,,g,f_-water per second of time is hereby awarded to the Dawson....UQ tic Wall_No. 1, for irrigation of one acre of landand domestic uses, 3.th appropriation date of the 10th day of. December 1973, absolutely andtuncondrtranal:ly; subject, however, to the conditions of •t...:Lit6b,,f•; .M::..:[.pari.. -,proval.of the Permit as -set forth.: in Paragraph_ 9 above.. • The above describedx.underground, water right neat:s the criteria for an exorapt domestic -well -pursuant' "`to --''C ^.5. 1973T,` 37-92-602 (3) (b) (ii) so long as it is used for the purposes set forth herein, and b' statute. The Ruling of Referee Dated January 31,1979, is hereby cancelled. It is accordingly ORDERED that this .ruling{ she -I.?. be filed with the Water Clerk and shall become .effective upon 'Z filing, subject to judicial review pursuant to Section 37-92-304 C.R.S. 1973, It is further ORDERED that a coPy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Coloraclo, thi:3 �6?' clay of AL), ,19 :71r . RT:PERr.E Uatur Division No. 5 State of. Colorado c •*<- - f; f h%. DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 91CW Oyu c pY Original d Clerk By Deputy APPLICATION FOR CHANGE OF WATER RIGHT CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CLARENCE F. DAWSON, in Garfield County, Colorado 1. Name, address, and telephone number of Applicant: Clarence F. Dawson 2175 County Road 245 New Castle, CO 81647 Phone (303) 984-2136 c/o Leavenworth & Lochhead, P.C. 1011 Grand Avenue P. O. Drawer 2030 Glenwood Springs, CO 81602 Phone (303) 945-2261 2. Decreed name of structure for which change is sought: Dawson Domestic Well No. 1. 3. From previous decree: A. Date entered: July 18, 1979. Case number: Case No. W-3892. Court: District Court, Water Division No. 5. B. Decreed point of diversion: Northeast 1/4 of the Southeast 1/4 of Section 26, Township 4 South, Range 91 West of the 6th P.M., at a point 1,315 feet West of the East line and 2,000 feet North of the South line of Section 26. C. Source: A well having a depth of 73 feet, tributary to Main Elk Creek, tributary to the Colorado River. D. Appropriation date: December 10, 1973. Amount: 0.033 c.f.s., absolute. E. Historic use: Domestic use and irrigation of approximately one-half (1/2) acre. C:\FI ES\DAWSON.1AP June 28. 1991 4. Proposed change: A. Applicant has obtained Dawson Subdivision Exemption No. 2 for his property designated in the Amended Ruling of the Referee in Case No. W-3892 as "that 59 acres in portion of H.E.S. No. 53, Garfield County, located in portion of Northeast 1/4 of the Southeast 1/4, Section 26, Township 4 South, Range 91 West, 6th P.M." The Exemption created three (3) smaller parcels designated as Lot 1 (29.22 acres), Lot 2 (10.00 acres), and Lot 3 (20.00 acres), as shown on the Final Plat recorded under Reception No. 420747 on January 29, 1991, in the Records of the Garfield County Clerk and Recorder, a copy of which is attached hereto as Exhibit A. Applicant filed well permit applications for exempt in-house wells on Lots 1, 2, and 3 but has been notified by the Division of Water Resources that the applications will be denied because the wells being sought would conflict with the decree in Case No. W-3892. Applicant will provide copies of the denials of the well permit applications to the Court on receipt. In this Application for Change of Water Right, Applicant first seeks to correct the legal description for the existing well on his property, known as Dawson Domestic Well No. 1. As shown by the most recent USGS map, a copy of which is attached hereto as Exhibit B, Dawson Domestic Well No. 1 is in an area in which section lines have not been established by United States Government Survey. However, by extrapolation from known section lines at one mile intervals, Applicant's best estimate is that Dawson Domestic Well No. 1 is located as follows: In the Southeast 1/4 of Section 26, Township 4 South, Range 91 West of the 6th P.M., at a point 1,163 feet West of the East line, and 1,973 feet North of the South line of said Section 26; said point also being located on Lot 1 of the Dawson Subdivision Exemption No. 2, as shown on the Final Plat thereof recorded under Reception No. 420747 on January 29, 1991, in the Records of the Garfield County Clerk and Recorder. B. Applicant seeks to relinquish his right to use the water which was the subject of the decree in Case No. W-3892 for irrigation purposes. Applicant takes this action in conjunction with Paragraph 4.C., below. C. Applicant seeks a change from the provisions of the decree in Case No. W-3892 which require that Dawson Domestic Well No. 1 be the only well on Applicant's parcel of 59 acres. Instead, Applicant requests a decree allowing a total of three (3) wells on the property, each well to have a maximum pumping capacity of 5.0 g.p.m., and each well to be used solely for ordinary household purposes inside C:1F1LEMDAWSON.IAP June 28, 1991 -2- a single-family dwelling, for the watering of the user's domestic animals but not to be used for commercial purposes, and not to be used for irrigation. The first of the three (3) wells is the existing well on the property, the location of which was described above and which will continue to be known as Dawson Domestic Well No. 1. The other two (2) wells will be designated and located as follows: (1) Dawson Domestic Well No. 2. In the Southeast 1/4 of Section 26, Township 4 South, Range 91 West of the 6th P.M., at a point 1,650 feet West of the East line, and 1,310 feet North of the South line of said Section 26; said point also being located on Lot 2 of the Dawson Subdivision Exemption No. 2, as shown on the Final Plat thereof recorded under Reception No. 420747 on January 29, 1991, in the Records of the Garfield County Clerk and Recorder. (2) Dawson Domestic Well No. 3. In the Northeast 1/4 of Section 35, Township 4 South, Range 91 West of the 6th P.M., at a point 1,120 feet West of the East line, and 90 feet South of the North line of said Section 35; said point also being located on Lot 3 of the Dawson Subdivision Exemption No. 2, as shown on the Final Plat thereof recorded under Reception No. 420747 on January 29, 1991, in the Records of the Garfield County Clerk and Recorder. 5. Name and address of owner of land on which structure is located: Clarence F. Dawson, 2175 County Road 245, New Castle, Colorado. Respectfully submitted this 28th day of June, 1991. Name and Address of Applicant: Clarence F. Dawson 2175 County Road 245 New Castle, CO 81647 C:\FnES\DAWSON.IAP June 28. 1991 LEAVENWORTH & LOCHHEAD, P.C. Attorneys for Applicant -3- Thomas L. Adldson, No. 19316 1011 Grand Avenue P. O. Box 2030 Glenwood Springs, CO 81602 Phone (303) 945-2261 VERIFICATION STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) I, Clarence F. Dawson, state under oath that I have read this Application and verify its contents. Clarence F. Dawson Subscribed and sworn to before me this 28th day of June, 1991, by Clarence F. Dawson. WITNESS my hand and official seal. My Commission expires: October 26, 1991. CARLES\DAWSON.IAP June 28. 1991 -4- Rebecca L. Norton, Notary Public Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCE - 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBEF DIV. 5 CNTY. 2 3 AUG 2 0 1991 ECP -117 Lot: Block: Filing: Subdiv: CLARENCE F. DAWSON 2175 RD 245 NEW CASTLE CO 81647 303/984-2136 PERMIT TO CONSTRUCT A WELL GARFIELD COUNTY NW 1/4 SE 1/4 Section Lb Twp 4 S , Range 91 W 6th P.M. DISTANCES FROM SECTION LINES 1950 Ft. from South Section Line 1750 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 and Pump Installation 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 17. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site 0110 acres described as that portion of the SE 1/4 of Sec. 26, Twp. 4 South, Rng. 91 West of the 6th P.M., Garfield County, being more particularly described as Lot 2 on the attached Exhibit W. The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or other purposes. The maximum pumping rate shall not exceed 15 GPM. The return flow from the use of this well must be through an individual waste water disposal system non -evaporative type where the water is returned to the same stream system in which the well is located. This well shall be constructed not more than 200 feet from the location specified on this permit. a (2, aROVED: Receipt No. 032034 ..$0' DATE ISSUEDAUG 1 2 1991 of the DIVISION COPY By EXPIRATION DATE AUG 1 2 1993 Form No. GWS -2S OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.. Denver. Colorado 80203 (303) 888.3381 Q/G1,tops APPUCANT LIC WELL PERMIT NUMBER 161115 _ DIV. 5 CNTY. 2 3 WD 3 9 DES. BASIN MD Lot: 3 Block: Filing: Subdiv: CLARENCE F. DAWSON 2175 RD 245 NEW CASTLE CO 81647 303/984-2136 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION COUNTY GARFIELD SW 1/4 SE 1/4 Section 26 Twp 4 S , Range 91 W 6th P.M. DISTANCES FROM SECTION UNES 300 Ft. from South Section Line 1700 Ft. from East Section Une ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation 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 17. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of approximately 20 acres described as that portion of the SE 1/4 of Sec. 26, Twp. 4 South, Rng. 91 West of the 6th P.M., Garfield County, being more particularly described as Lot 3 on the attached Exhibit 'A'. The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or other purposes. The maximum pumping rate shall not exceed 15 GPM. The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water Is returned to the same stream system in which the well is located. This well shall be constructed not more than 200 feet from the location specified on this permit. C WorP1 DIVISION COPY L. MOVED: Receipt No. • 032284 . eeta.,:#4.• DATE ISSUED AUG 1 2 1991 I2 - By EXPIRATION DATE AUG 1 2 1993 r 4.41 ill iNU. GWS -25 APPLICANT UrriL;t O THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1913 Sharman $f., Denver, Colorado 80203 (30.3) 888.3381 ?,57 or LIC WELL PERMIT NUMBER 161116 --- DIV. 5 CNTY. 2 3 WD 3 9 DES. BASIN _ _ MD Lot: 1 Block: Filing: Subdiv: DAWSON EXEMPTION APPROVED WELL LOCATION COUNTY GARFIELD NE 1/4 SE 1/4 Section 25 Twp 4 S , Range 91 W 6th p.m. DISTANCES FROM SECTION LINES 1973 Ft. from South Section Une 1163 Ft. from East Section Une CLARENCE F. DAWSON 2175 CTY RD 245 NEW CASTLE CO 81647 303/984-2136 CHANGE/EXPANSION OF USE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT 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. 2) Approved for the change of use and correction of location of an existing well, permit NO. 72720. Issuance of this permit hereby cancels permit No. 72720. '41 Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of approximately 29 acres described as that portion of the SE 1/4 of Sec. 26, Twp. 4 South, Rng. 91 West of the 6th P.M., Garfield County, being more particularly described Lot 1 on the attached Exhibit W. 4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The retum flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water Is returned to the same stream system in which the well is located. 91Q IA 41. DIVISION COPY APPROVED: GRG sw� Receipt No. 0324850 ---A-laut.L.,L, 6. ;6ey-3444.71,. DATE ISSUED AUG 1 2 1991 EXPIRATION DATE AUG 1 2 1993 WRJ-5-72 COL{ 'ADO DIVISION OF WATER RESOUI ES401 101 Colivabine Bldg.,1845 Sherman St., Denver, Colorado 80204r�`V�0 RE,91 V E0 PERMIT APPLICATION FORM �'�3 Application must - %-t° (� be complete where ) A PERMIT TO USE GROUND WATER pplicable. Type or A PERMIT TO CONSTRUCT A WELL <<a TER R cot: print in BLACK A PERMIT TO INSTALL A PUMP w"�;�ti �'co` a'•O.NEER INK. No overstrikes or erasures unless ) REPLACEMENT FOR NO. initialed. ‘0' 389 ( FOR: 3 (1) APPLICANT - mailing address ) OTHER NAME/t2 re ?1 CSL° fitws-6 /V d J , Pull OdS (state) (Zip) TELEPHONE NO. -3d — / fT ^ 4"7/-' STRE T CITY (2) L.QCAT / N OF PROPOSED WELL County NO '4 of the CSW '4, Section Twp 7 y .� . R ng. / / P.M (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) is a PA,, Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: I A c y e - j rrdei Proposed total depth (feet): Aquifer ground water is to be obtained from: Me ;71 f//r (? -k eit'We7ap Owner's well designation fin n Y7U h P4 S / l 0 yyi P y GROUND WATER TO BE USED FOR; LD USE ONLY - no irrigation (0) DOMESTIC (1) ( ) INDUSTRIAL (5) WESTGCK (21IRRIGATION (6) =)COMMERCIAL (4) OMUNICIPAL (8) ( ) OTHER (e) S p: (4) PRILLER e �Q AS D %1 0 y city j c 1 (State ,I Telephone No.4 15 ' I `fa / Lic No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No Si7 i 4, B / Basin Dist. 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. Approved per (3) (b) (ii). CRS148-21-45: this well to be the only well on a tract of more than 35 acres designated as that .11 acres in f etrteu D N.E.s. *Mt OftErige.n Co,, I.DditiTto 1141 PORr10N OP ME r4 or: SEyiISCA. Lc• r,43•.Q.9iw., 1. P.M. -) .' APPLICATION APPROVED PERMIT NUMBER DATE ISSUED 72720 EXPIRATION DATE DEC 1 0 Icfri DEC 1 0 17'5 e BY ID . 39 COUNTY ulting Engineers • Land Surveyors 204 8th St. • Glenwood Springs, Colo. 81601 • 303.945.8664 144 West 4th St. • Rifle, Colo, 81650 • 303-625-2740 GARFIELD COUNTY COLORADO A parcel of land being a part of H.E.S. No. 53, situated in Township 4 South, Range 91 West of the Sixth Principal Meridian, said parcel being described as follows: Beginning at a rock found in place and properly marked for Corner No. 5 of said H.E.S. No. 53, whence the U.S.L.M. "H.:E.:S. 54" monument bears: N. 08°10'00" E., 55.08 feet; thence S. 09°48'24" E., 1485.86 feet to Corner No. 6 of said H.E.S. No. 53, corner found in place; thence S. 15°56'14" E., 1141.40 feet to Corner No. 7 of said H.E.S. No. 53, corner found in place; thence S. 78°39'00" W., 1113.42 feet; thence N. 12°49'08" W., 319.80 feet to Corner No. 3 of said H.E.S. No. 53, corner found in place; thence N. 11°20'14" W., 1950.78 feet to Corner No. 4 of said H.E.S. No. 53, corner found in place; thence N. 60°24'38" E., 1126.37 feet to Corner No. 5, the point of beginning. The above described parcel of land contains 59.54 acres, more or less. June 27, 1978 Robert A. W;.msley Gary S. Berschauer Dennis O. Bradley LeRoy E. Tobler Martin 5. Oldford Raymond 1. Baldwin Robert D. Scarrow — Special Consultant SCARROW AND WALKER/KKBNA, INC. 204 8th Street Glenwood Springs, Colorado 0G�Re0%%tBERSe , 0s0sunn►►►, `��STE�.: A.. 14 `Q. . •4060 • .0• 1: 7:* eo, .:9),• e14". ***** 12 Of' 4::• :: •o 134\ ., p ,,�►►►Ft►�,`��� 7456 West 5th Ave, Denver, Colo. 80226 303/232.6050 ROY ROMER Governor so OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 July 26, 1990 Mr. Andrew C. McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Dawson Exemption SE1/4, Sec. 26, T4S, R91W JERIS A. DANIELSON State Engineer Dear Mr. McGregor: We have reviewed the above referenced proposal to separate 59.54 acres into three lots. Well Permit Number 72720 has been previously issued as the only well on 35 acres. The applicants propose to share this well between the three lots. The well permit has no restriction prohibiting the proposed use. In order to assure that a permanent water supply will be available on an equitable basis to each lot, we recommend the following: 1. The well should be located on an outlot owned in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with authority to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. If the above provisions are met, we can recommend approval of this proposal. Please let us know if you have any further questions. JUL 3 0 1980 w1i`�u SLLe, 1,�iJi'v T 1 JRH/JCM/clf:2164I cc: Orlyn Bell, Division Engineer Bruce DeBrine Sincerely, James R. Hall, P.E. Supervising Water Resources Engineer • t , I • • • I ...•=k c'E' ° so' • CC, ...`2 G 'ea 4.3o • • • No. 247. AGREEMENT FOR SALE AND PURCHASE OF PROPERTY.—Bradford Publishing Co.. 1824-46 Stout Street, Denver, Colorado —2-71 G' THIS AGREEMENT, Made in duplicate this — day of '� ' 1Zi4-19 71----, between .DAF313,. L..L... RF�:D and LILLIAN REED of the County of GUSiQic and State of Colorado, of the first part, and CLIAREN. E F....1ZAW.QN. and BETTY S. DAWSON of the second part; WITNESSETH, that if the parti eS...of the second part shall first make the payments and per- form the covenants herein mentioned to be made and performed by the parties...of the second part, the parties of the first part will thereupon convey to the paries of the second part, the fol- lowing described property situate in the County of. Garfield and State of Colorado, to wit: Apppoximately. 59 agree 9f .,and lying and being the Northerly .part of H,E,, .# 3, inglud,i.n.g 0,5 foot of water from the Cline Top Ditch. in fee simple by good and sufficient Warranty Deed, free and clear fromll liens and encum- brances except the oustanding obligation to the F.H.A. as more fully set out in in the escrow instructions. and deliver an abstract of title to said property, certified to date, or a title insurance policy as evi- denced by a title commitment in an amount equal to the purchase price, at seller's option and expense. And the part ieo of the second part agree to pay to the part.ias..of the first part, as the purchase price of said property, the sum of.$4.Ot000..OQ..(TDETX..T.HQU5ANp) DOLLARS in the manner following, to wit: $1.,.QQQ..QQ..L.QI ...T1M.S. N] .) Dollars cash in hand paid, the receipt whereof is hereby acknowledged, and ..aaheiuloQf ..payment time •-delivexy-.-oi._IIeed,..and..sellErs..abl3.gatdan.to..17e Farg more .fully described n..emtain..escalm. Last mat-.FirAt. .1/At-IQ/la Bank of Glenwood Springs., Golo-.-,--•which..bank h sbeen..designated..ass...arm'szw..agetltr..DY...th.Q.parties to this •-agreemen-t`,-. with..the...apprav a 1.nf..the...F.Ii.A. with interest payable upon the deferred payments at the rate of.bg% per cent per annum from date until paid, payable_as..p.u..e.z. r* d to pay all taxes and assessments that may be here- after levied upon said property before the same become delinquent, and to keep all buildings erected thereon insured for the benefit of the parties....of the first part for the value thereof, and until the termination thereof be entitled to possession of said property, but in case of the failure of the parties....of the second part to make any one or more of said payments, or perform any of the cove- nants agreed to be made and performed by the parties....of the second part, this agreement may be terminated at the election of the parties...of the first part, upon giving the parti.as...of the second part Thirty days' notice of intention so to do, which notice may be served as provided by law for service of notice to quit, and in case of such election the parties....of the second part shall forfeit all payments made, and such payments shall be retained by the parties...of the first part in full satisfaction and liquidation of all damages the partLe.s....of the first part may have sustained. IT IS MUTUALLY AGREED, That time shall be of the essence of this agreement, and if at any time the same shall be terminated in the manner above provided, the parties....of the first part shall have the right to re-enter and take immediate possession of said property, and the parties-.. of the second part hereby agree to immediately surrender and deliver up the same peaceably, to the parties -...of the first part, and if the part.ifis...of the second part shall remain in possession thereof after such termination, said parties....of the second part shall be deemed guilty of a forcible detainer of said premises under the statute, and shall be subject to eviction and removal, forcibly or otherwise, with or without process of law. AND it is further mutually agreed that all the covenants and agreements herein contained shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. IN WITNESS WHEREOF, The parties hereto have hereunto set their hands and seals the day and year first above written. Gc2 7 4 ' [SEAL] [SEAL] i Reeerded es le No 301799 THIS DEED. Made shim .Nati dyet Feb rucry .W/2 • between Da: rcl L. Read : nd Li.i lion Weed of the Count? of Garfield and State of Colorado, of the first part, and Clarence F. Dawson arid S. Daemon /so*. '1'1. • / (.4/ , of the County of 0r.rfield and State of Colorado, of the second ptartt_;,. ; WIT74E88ETH. That the said part of the first part, for and in considers on of the gam of 310. O "'and other ..gtions ..good and valuable vn ;i r:. us ('Ply) D 0 V• ? std to the said pasti e a of the first part in band paid by the said part i e 3 of the second part, the iiesi se hereby confessed and acknowledged. ha d granted, barTsirted, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm. unto the said part .- • ,j of the second part,.! heirs and assigns forever. all the following described lot or parcel of land. site.iyinit aan indnimtla� County of Garfield and State of Colorado, to wit: A *parcel•. of_ iand,ba a part of t!. E. S. No. 5.;., nitaateu t•J n .:.i. South, Range•. 1Pest ' :of the Sixth Principal lieridian, r .. is 7,-. ..dosCribOlt DeSinning at`a rock found in f lace c.:: =:')•} • trl:at? for Corner,.,' • $o.,, of sajd•ii.E.S. no. ,hcr.co .v.i.'ri. .I.is.S. "54" f tce S. (.)4* , 4612444 �?nunieltt,beor83 H. 080111 „� E., 5:.- -- hen E., 105.86 fe:.t to Cornc_ flo. 6 c f s ' d •.. no.' corner found"in place; thence S. 15'5•:01:;'t E., 11;;1.4. Sera to Corner No. 7 of said U.E.J. No.,;or ncr _ ua z l^co; tr:encs S. 78039100t1 W•,;1113.42 feet; �thonc . t _oI ;,..`,-;" .1., 319.30 feet ,.' to -Corner No. 3 of said ti..i.S. 'o. :', col.:ler found in ,place;. • thence N. 11°20'1!+" W., 1950.73 Lo Corner.. cio. 4 of said H.F.S. No. 53, copier round ii: 1.1,.c ; trie:ce t;. 60°24133" E., 1126.37 feet to Corner No. 5, the :01r:t of bc_inning. The above dercribci parcel of lrnncunt:'_r:; ;. .5h :.,cres, more of less. it also known as street and number TOGETHER wltb all and singular the hereditaments and cep urtanaaees thereto belonging, or in anywise appertaining, and the reversionreversionremainders, and reversions, remainder and remainders, rent+, teams and profitsand all either in law the estate, right, title, interest, claim and demand whatsoever of the said part of the first part, or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. ,e. ICE w RRAVTY nP.Rn—Per Photar•ohlt Rerotal. -Br.dfd Publbhlnt Co.. 36.411 8&oui 8tr..t. 6mr tor. r WIiJ-5-72 4 Application must be complete where pplicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. 'o. 3g.7Z CO'ADO DIVISION OF WATER RESOUl_S CQ 101 Co bine Bldg., 1845 Sherman St., Denver, Colors 0203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL FOR: »4 A PERMIT TO INSTALL A PUMP QED° '7,j6 i / 6'13 ( ) REPLACEMENT FOR NO ( ) OTHER RE 1VED- 3 TER R•.aURCts IiOINEER COLO. (1) APPLICANT - mailing address NAMEe k re it ee STRE T CITY e (d f//�7 (State) (Zip) TELEPHONE NO �3� — 7O ;7 (2) LOCA(N OF PROPOSED WELL County j GZ i /C i P/ . 4 % of the /1 SO 1/4 Section 4 Rng. 9 / \A, P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) is PA/ Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: / 4 C Y e Proposed total depth (feet): Aquifer ground water is to be obtained from: Al4 n f//( � IreQ/' lch Owner's well designation AiinY7 h F1 $ 7 e L' y r p GROUND WATER TO BIE USED FOR: VOLD USE ONLY - DOMESTIC (1) �tIVEST-GCK (2) 1--4-COMMEROIAL (4) no irrigation (0) ( ) INDUSTRIAL (5) IRRIGATION (6) ( ) MUNICIPAL (8) ( ) OTHER (9) (4) DRILLER a)ILC2Ylro %lc4 "lam Street V_ < ( 0 `. 0 city j 1 P /' Telephone No.6 I. 5 - I q0 /I Lic. N (5 0 ate) lik•Zip)I FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No (7.77c/.66. / Basin Dist. 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. Approved per (3) (b) (ii). CRS148-21-45: this well to be the only well on a tract of more than 35 acres designated as that .1"4 acres in PeeriaM DF N.E. S, "53, ogerigLo Cs'o•, koc.hrzo �N PotT,oi1/41 o f 14E4 or S EY4, S tc. L4, T. 4. S•,Q.91J., G P.M. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED 72720 DEC 1aly EXPIRATION DATE 0 BY TE LN GINE ID 39 COUNTY �3 Y i IN Ti{E DISTRICT COURT IN AND FOR 'WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3892 IN TIIE HATTER OF THE APPLICATION FOR WATER RIGIITS OF CLAREN' CE F. D 3' 7SON i:3 TUE COLORADO RIVER OR ITS TRIBUTARIES TRIBUTARY T..NVOLVED: ELK CR'1EK IN GARFI LD COUNTY IN WATER COURT Diviskm No. 5 JUL ln1979 STATE OF COLORADO WATER CLERK BY DEPttre AMENDED RULING Or REFEREE The above entitled application was filed on September 25,1978, and was • -..ferred to the undersigned as Water Referee for Water Division No. 5, btate of Colorado, by the :eater Judge of said court on the 20th day of October, 1978, in accordance with Article 92 of Chapter 37,. Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. And the undersigned Referee having :Sade such investigations as are neces- sary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject I:latter of the application does hereby make the 'allowing determination and ruling as the Referee in this matter, to -wit; 1. The statements in the application are true. 2. The name of the structure is Dawson Dories tic Well No. 1. 3. The name of the claimant and address is Clarence F. Dawson; 299 :Jest Main; New Castle, Colorado. . The source of the water is a well having a depth of 73 feet and being tributary to Elk Creek, tributary to the Colorado River. 5. The well is located in the NE 11 SE ?-, of Section 26, T. 4 S., R.91 W. of the 6th P.M. at a point 1315 feet West of the East line and 2000 feet North of the South line of said Section 26. 6. The use of the water is domestic and irrigation of not more than one acre of land. 7. The date of initiation of appropriation is December 10:1973. 3. The amount of water claimed is 0.033 cubic foot of water per second of time, absolute. 9. On December 10,1973, the Office of the State Engineer issued Permit No. 72720, subject to the following "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 -1- 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. Approved per (3)(b)(ii).CRS 148-21-45: this well to be the only well on a tract of more than 35 acres designated as that 59 acres in portion of H.E.S. #53, Garfield County, Located in portion of NE 4 of SE 4, Section 26,. T. 4 S., R. 91 W.,6 P.M. 10. The well was completed and the water first applied to the above beneficial use in 1974. The Referee does therefore conclude that the above entitled application should be granted and that 0.033 cubic foot of water per second of time is hereby awarded to the Dawson Domestic Well No. 1, for irrigation of one acre of land and domestic uses, with appropriation date of the 10th day of December 1973, absolutely and unconditionally; subject, however, to the conditions of =+nt roval of the Permit as set forth in Paragraph 9 above.. The above described underground water right fleets the criteria for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602 (3)(b)(ii) so long as it is used for the purposes set forth herein, and by statute. The Ruling of Referee Dated J'anu.ary 31,1979, is hereby cancelled. It is accordingly ORDERED that this ruling shall be filed with the water Clerk and shall become effective upon 'i filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973, It is further ORDERED thata copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this X6'1 clay of .11P4 ,19 f . BY THE REFEREE i•Ia t/ Referee Water Division No. 5 State of Colorado