HomeMy WebLinkAbout1.0 ApplicationII! 110
BEFORE '1'IIE BOARD O[ COIJIITY COMMISSIONERS O[
GAR[ IELD COUNTY, COLORADO
PETITION COR EXEMPTION•
Pursusant to C.R.S. (1973) Section 30-20-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1904 Section 2:20.49, the undersigned a.C; ____._.. '2
respectfully petitions the Board
of CounLy Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of__ I?) _acre tract- of land into _ tracts of
approximately 02 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 30-20-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
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 l lie property, dimension and arca of all lois or
separate interests Lo be created, access Lo 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 Lo
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 properly owner(s) if other than the applicant; and
D. Names and addresses of owners of record of lend immediately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owner:; of record of the property Lo
be exempted, and tenants of any structure proposed for
conversion; and
E. Evidence of the soil types and characteristic:; of each type; and
�. 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 Lo a community or municipal water or newer system
is proposed, a letter from Lhe governing body stating a
willingness to serve; and
11. Narrative explaining why exemption is being requested; and
I. IL shall be demonstrated that the parcel existed as described on
January 1, 1973 or Lhe parcel as 1L exists presently is one of
not more than three parcels created from a larger Marcel as 11:
existed on January 1, 1973.
J. A :000.00 fee must be submi 1.1ecl with ILe ppl i ca1 ton%
♦ ♦ r •�el, 0 i
Petitioner
• •
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power Lo exempt a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided Lhe Board determines that such
exemption will noL impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exemption must- satisfy, at a minimum, all of the review criteria
listed below. Compliance with the review criteria,. however, does not
ensure exemption. The Board also may consider additonal factors listed in
Section 0:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling,
units will be created from any parcel, as that parcel was described in
the records of the Garfield County Clerk and Recorder's Office on
January 1, 1973, and is not a part of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, such
parcels thereby created may, at.. the discretion of the Board, not be
considered Lo have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. A11 Garfield County zoning requirements will be met; and
C. A11 lots created will have legal access to a public right -of --wiry and
any necessary access easements have been obtained or are in the
process of being obtained; and
D. Provision has been made for an adequate source of water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal to serve each proposed lot; and
E. All state and local environmental health and safely requirements have
been met or are In the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G. Fire protection has been approved by the appropriate fire district.
11. Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created) .
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2) copies of 1I►e application, maps and supplemental
information shall be submitted.
D. The Planning Division shall review the exemption requestfor
completeness within eight- (0) clays of submittal. If incomplete, the
application shall be withdrawn from consideration and the applicant:
notified of the additional information needed. If the applical.ion is
complete, the applicant shall be notified in writing of the time and
place of the Board of County Commissioners meeting at which the
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
•
C. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, to owners of record of land immediately adjoining
and within 200 feet of Lhe proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exemption site shall be posted clearly and conspicuously visible
from a public right-of-way with notice signs provided by the Planning
Division. All notices shall be mailed at least fifteen (151 and not
more than thirty (30) days prior to the meeting. The applicant shall
be responsible for mailing the notice:; and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of Lhe meeting, the (Board shall
approve, conditionally approve or deny the exemption request. The
reasons for denial or any conditions of approval shall be oet forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow I:he subdivision procedure in these
Regulations.
f•
5•
• i
4.
LW/
Recorded at •: l i1 61.:ck—�—
__OCT 13]983-- BO" 6``3: 6GEti
r y�cU�UJL er•
• Reception No
DEED Made this
19 8 3between
7*
day of October •
RUSSELL SCOTT and MARY HUGH SCOTT
of the
County of Pitkin and State of Colo-
rado, of the first part, and RAC ARABIANS , INC.
a corporation organized and
existing under and by virtue of the laws of the State of Colorado
of the second part: whose legal address is 1313 Riverview
Avenue, Glenwood Springs, CO 81601
WITNESSETII, That the said part ies of the first part, for and in consideration of the sum of
•
RECORDER'S STAMP
re
�83
tate Doc. Pee
1716 o
Ten Dollars and other good and valuable consideration`
XXX
to the said part ies of the first part in hand paid by the said party of the second part. the receipt whereof is
hereby confessed and acknowledged, hivegranted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever,
all of the following described lot or parcel of land, situate, lying and being in the
County of G9 rfie1dandStateofColorado,towit: That real property situate in Tulp
7 S., R. West of the 6th P.M., particularly described on Exhibit
A, consisting of one page, attached hereto and incorporated herein
by this reference; together with any appurtenant water rights
including those from the Buck Farm Ditch*and from Scott t•'ell No. 1
as adjudicated in Case W-2143, in the District Court in and for
Water Division No. 5.
* adjudicated in CV302, April 18, 1890
rl-^ t,.,,...,,t -' a'ree'
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise
appertaining, 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 1e s)f 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 HOLD the said premises above bargained and described, with the appurtenances, unto the said
party of the second part, its successor and assigns forever. And the said part ies
of the first part, for
themseves theIi rs, executors, and administrators, do covenant, grant, bargain and agree to and with
the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of
these presents. they are well seized of the premises above conveyed, as of good. sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and hav€ood right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature
soever, except the lien of the 1983 general property taxes, patent
reservations, easements and rights of way of record or in place and
in use, and any prior oil, gas, or mineral reservations,
and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its
successor and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF. The said part ie 5f the first part haVe hereunto set their nd S
and sealS the day and year first above written.
Signed,,S•aled and Delivered in the Presence of
l
Ct,.,STATEOFCOLORADO.
UA?Y :. ss.
County of
ppe Vtoilig instrument was acknowledged before me this
,,,V/83.Lty .Russell Scott and Mary Hugh Scott
'r FI 3'cow rllissionexpires ; �,•-
f OF C- ,
' WITNESS city hand and official seal.
day of ‘20-4-fJ
/
No. 552. WARRANTY DEED TO CORPORATION—For Photographic Record.
— Bradford rubliahieI Ca.. Denser. Colorado — I t-77
Noury Public.
it. dress
PARCEL A
e SN,SW; of Section 23
The W1NWI. and the NE:, -NW'; of Section 26;
which property is otherwise described as Lots 8, 9, 12 and 13 of Section 23 and
Lots 1, 2, 3, 4,F 6, 10 and 12 of Section 26, all in Township 7 South, Range 89
West of the 6th Principal Meridian.
Excepting, therefrom, that portion conveyed to Emery E. Arbaney and Beulah M. Arbane',
by Deed 'recorded October 3, 1972 in Book 436 at page 196 as Document No. 255516 and
described as follows:
•
[MK 637 ?acE25E.
A parcel of land situated in Lots 8 and 13
26, all in Township 7 South, Range 89 West
lying Easterly of the Westerly lines of sai
the Westerly right-of-way line of a County
said parcel of land is described as follows
of Section 23, and in Lot 3 of Section
of the Sixth Principal Meridian,
d Sections 23 and 26 and Westerly of
Road as constructed and in place,
Beginning at the Section Corner common to Sections 22, 23, 26 and 27 in said
township and range:
thence N. 00°01'48" E. 737.09 feet along the Westerly line of said Section 23
to a point on the Westerly right-of-way line of said County Road;
thence along the Westerly right-of-way line of said County Road S. 23'37'00"
E. 4.22 feet;
thence 420.22 feet along the arc of a curve to the right, having a radius of
974.41 feet, the chord of which bears: S. 11'15'43" E. 416.97 feet;
thence S. 01°05'33" W. 548.77 feet;
thence 193.72 feet along the arc of a curve to the right, having a radius of
1022.63 feet, the chord of which bears: S. 06°31'10" W. 193.42 feet;
thence S. 11'56'46" W. 250.68 feet to a point on the Westerly line of said Section
26;;
thence N. 00°04'11" E. 661.82 feet along the Westerly line of said Section 26,
to the Section Corner common to Sections 22, 23, 26 and 27, the point of beginning.
Also, excepting therefrom a parcel of land situated in Lot 6 of Section 26, Township 7
South, Range 89 West of the Sixth Principal Meridian, lying Northerly of the East-West
Centerline of said Section 26 and Southerly of a fence as constructed and in place, said
parcel of land is described as follows:
Beginning at a point on the East-West Centerline of said Section 26 whence the Witness
point to the Quarter Corner common to Section 26 and 27 in said township and range bears:
N.76°47'15" W. 292.81 feet; thence N.57°49'56" E. 472.11 feet along said fence; thence
S. 07°18'14" E. 245.24 feet along said fence; thence N.89°21'54" E. 589.62 feet along saic
fence; thence S.00°18'24" W. 17.95 feet along said fence\to a point on the East-West
Centerline of said Section 26; thence N. 89°48'50" W. along the East-West Centerline of
said Section 26, 1,017.31 feet, to the point of beginning; containing 1.44 acres, more
or less.
PARCEL B
A parcel of land situated in the SEINE: of Section 27, Township 7 South, Range 89
West of the Sixth Principal Meridian, lying Westerly of the Easterly line of said
Section 27, Northerly of a fence as constructed and in place and Easterly of the
Easterly right-of-way line of a County Road as constructed and in place, said parcel
of land is described as follows:
Beginning at a point on the Easterly line of said Section 27, said point being on
the Easterly right-of-way line of said County Road whence the Northeast Corner of
said Section 27 bears: N. 00'04'11" E. 1658.67 feet;
'• thence S. 00°04'11" W. 555.14 feet along the Easterly line of said Section 27 to a
point on said fence;
thence N. 67'33'37" W. 125.01 feet along said fence to a point on the Easterly
right-of-way line of said County Raod;
thence N. 00'39'09" W. 141.41 feet along the Easterly right-of-way line of said Road;
thence 151.34 feet along the arc of a curve to the right, having a radius of 524.29
feet, the chord of which bears: N. 15'26'56" E. 290.80 feet;
thence 94.94 feet along the arc of a curve to the left, having a radius of 429.19
fent. tho chnrd of which hn4rs: N. 25'12'45" E. 94.76 foot to o point on thn fnat„r1y
line of said Section 27, the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
Exhibit A to deed to RAC ARABINS, INC
•
Russe
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 88CW024
DILIGENCE NOTICE
CONCERNING THE APPLICATION FOR WATER RIGHTS OF RAC ARABIANS, INC., IN GARFIELD
COUNTY
TO:
RAC Arabians, Inc.
8102 Road 117
Glenwood Springs, CO 81601
PLEASE TAKE NOTICE THAT:
1. A Decree of Court dated December 16, 1988 specified that an application
for a Finding of Reasonable Diligence shall be filed with the Water
Clerk in the month of March 1992 pursuant to C.R.S. § 37-92-302(1) with
respect to the following -described conditional water right: RAC Well
No. 3.
2. C.R.S. § 37-92-301(4) provides in part: "In every sixth calendar year
after the calendar year in which a water right is conditionally decreed,
or in which a finding of reasonable diligence has been decreed, the
owner or user thereof, if he desires to maintain the same, shall obtain
a finding by the Referee of reasonable diligence in the development of
the proposed appropriation, or said conditional water right shall be
considered abandoned. The Ruling of the Referee and the Judgment and
Decree of the Court determining a conditional water right shall specify
the month in such calendar year in which Application for a Finding of
Reasonable Diligence shall be filed with the Water Clerk pursuant to
Section § 37-92-302(1)".
3. Unless an Application for Finding of Reasonable Diligence is filed with
respect to the above-described conditional water right in the month of
March 1992, that conditional water right will be considered abandoned
and will be cancelled by Court Order.
1992
PEGGY JORDAN, WATER CLERK
A
i
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. g$c a Y
MOTION TO EXTEND DUE DILIGENCE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF R,c a-rur.gi rc-ws /u r.. IN
THE ,,,e,w,1.:7 �RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: �/,a//L,1 CREEK,
IN Via, c,', ‘A COUNTY
/t 2.0%-ibt, s !v G , moves the Court to enter an Order amending
its Diligence Notice dated AA, .iclti to state that an Application for
Finding a Reasonable diligence must be filed during the month
of ,yi4t:C t4 , 199 due to Senate Bi11 90-13, amended section §
37-92-301(4) C.R.S. providing,-Irthe provisions of this paragraph (a) shall
supersede any contrary provision or requirement of a previous conditional
decree or determination of reasonable diligence." The subject paragraph (a)
extends the time for filing an application for finding a reasonable diligence
from four years to six years. Therefore, the previous decree requiring such
an application be filed during the month of aJaa199 2 is superseded by
the quoted provision of Senate Bill 90-13 which would require such an
Application to be filed during the month of kCe.14143a , 191_.
Dated this 4,74 day of /'/, ijy/ , 1991,
Th
c•s (/) 1 _ J J/I
(it() Sl%.IJLI: ( 1�Ca)/.JTY Cd a(//
(�1eJ aiL:o 5��,wC� �- `• ,af
Address
303 `ins o7��
Telephone Number
The Court having considered the Motion of
for an ORDER amending the Diligence Notice in this matter, and being advised:
IT IS HEREBY ORDERED: Unless an Application for Finding of Reasonable
Diligence is filed with respect to the above described conditional water right
in the month of ,j) ,:_c. �_ � .;�� 199,i, that conditional water right will be
considered abandoned and will be candled by court order. In accordance with
Section § 37-92-301(4), C.R.S., as amended by S.B. 90-13, an Application for
Finding of Reasonable Diligence shall not be required to be filed prior
to
n � ,. _ �, <,��-199 .
Dated , 1991.
BY THE COURT:
Water Judge
• •
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Application No. 88CW024
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF RAC ARABIANS, INC., IN
THE ROARING FORK RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: FOUR MILE
CREEK, IN GARFIELD COUNTY
The above entitled Application was filed on February 26, 1988, and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the 10th day of March, 1988,
in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973,
known as The Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to wit:
1. The statements in the Application are true.
2. The name of the structure is RAC Well No. 3.
3. The name and address of the Claimant: RAC Arabians, Inc.; 8102 Road
117; Glenwood Springs, CO 81601.
4. The source of the water is a well having a depth of 150 feet, and
being tributary to Four Mile Creek, tributary to the Roaring Fork River.
5. The well is located in the NE1/4NW1/4 of Sec. 26, T. 7 S., R. 89 W.
of the 6th P.M. at a point 10 feet South of the North line and 1330 feet East
of the West line of said Sec. 26.
6. The use of the water is domestic, livestock water and irrigation
uses as described in C.R.S. 1973, 37-92-602(1)(b).
7. On March 29, 1984, in Case No. 83CW378, the Water Referee for Water
Division No. 5 awarded to RAC Well No. 3 a conditional water right of 0.033
cubic foot of water per second of time, to be used for domestic purposes, with
Appropriation date of September 1, 1973. The Claimant was directed to file an
Application for Quadrennial Finding of Reasonable Diligence in the development
of this conditional water right in March of 1988 to maintain said conditional
water right in full force and effect. This Ruling of Referee was confirmed
and made a Decree of the Court on May 1, 1984.
On February 26, 1988, as directed by the Court in the original finding
of reasonable diligence, the Claimant filed, in Water Court for Water Division
No. 5, an Application for Quadrennial Finding of Reasonable Diligence in the
development of this conditional water right.
kV -1988)
RAC Arabians 88CW024
Ruling of Referee
Page 2
• •
In support of this Application, the Claimant has submitted a detailed
outline of the work performed and the expenditures made during the last
quadrennial diligence period toward the development of this conditional water
right.
The Referee, having examined the information submitted by the Applicant,
and having completed the investigations necessary to make a determination in
this matter, does find that the Claimant has shown reasonable diligence in the
development of the proposed appropriation of the 0.033 cubic foot of water per
second of time conditionally awarded to RAC Well No. 3; and therefore
concludes that the above entitled Application should be granted, and the
conditional water right be continued in full force and effect.
Application for a Quadrennial Finding of Reasonable Diligence shall be
filed in March of 1992 and in March of every fourth calendar year thereafter
so long as the Claimant desires to maintain this conditional water right or
until a determination has been made that this conditional water right has
become an absolute water right by reason of the completion of the
appropriation.
It is accordingly ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed with the
appropriate Division Engineer and the State Engineer.
Dated j' /y/41
pc
•
BY THE REFEREE:
J -J
Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is confirmed
and approved, and is made the JudgmentCand Decree of this court.
Dated ��=, , ; �i/� l7 �� .
dge
Water
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 88CW025
DILIGENCE NOTICE
CONCERNING THE APPLICATION FOR WATER RIGHTS OF RAC ARABIANS, INC., IN GARFIELD
COUNTY
TO:
RAC Arabians, Inc.
8102 Road 117
Glenwood Springs, CO 81601
PLEASE TAKE NOTICE THAT:
1. A Decree of Court dated December 16, 1988 specified that an application
for a Finding of Reasonable Diligence shall be filed with the Water
Clerk in the month of March 1992 pursuant to C.R.S. § 37-92-302(1) with
respect to the following -described conditional water right: RAC Well
No. 2.
2. C.R.S. § 37-92-301(4) provides in part: "In every sixth calendar year
after the calendar year in which a water right is conditionally decreed,
or in which a finding of reasonable diligence has been decreed, the
owner or user thereof, if he desires to maintain the same, shall obtain
a finding by the Referee of reasonable diligence in the development of
the proposed appropriation, or said conditional water right shall be
considered abandoned. The Ruling of the Referee and the Judgment and
Decree of the Court determining a conditional water right shall specify
the month in such calendar year in which Application for a Finding of
Reasonable Diligence shall be filed with the Water Clerk pursuant to
Section § 37-92-302(1)".
3. Unless an Application for Finding of Reasonable Diligence is filed with
respect to the above-described conditional water right in the month of
March 1992, that conditional water right will be considered abandoned
and will be cancelled by Court Order.
PEGGY JORDAN, WATER CLERK
1
,JJ
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. (cWo
MOTION TO EXTEND DUE DILIGENCE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ti; H�zd�r,;oNs,Z r,cIN
THE FhQFVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: 4-- :AOEEK,
IN Q COUNTY
0.G Y o,\ni=ter , moves the -Court to enter an Order amending
its Diligence Notice dated 5 i U Is to state that an Application for
Finding a Reasonable diligence must be filed during the month
of NN\ G\‹N , 199_,a due to Senate Bill 90-13, amended section §
37-92-301(4) C.R.S. providing, 'the provisions of this paragraph (a) shall
supersede any contrary provision or requirement of a previous conditional
decree or determination of reasonable diligence." The subject paragraph (a)
extends the time for filing an application for finding a reasonable diligence
from four years to six years. Therefore, the previous decree requiring such
an application be filed during the month of "\{\a g GN 199. is superseded by
the quoted provision of Senate Bill 90-13 which would require such an
Application to be filed during the month of , 199,A.
Dated this =5- day of
ra ►2 � , 199,).
\\%
Address
Telephone Number
The Court having considered the Motion of
for an ORDER amending the Diligence Notice in this matter, and being advised:
IT IS HEREBY ORDERED: Unless an Application for Finding of Reasonable
Diligence is filed with respect to the above described conditional water right
in the month of D e.c�, get_ , 199y, that conditional water right will be
considered abandoned and will be cancelled by court order. In accordance with
Section § 37-92-301(4), C.R.S., as amended by S.B. 90-13, an Application for
Finding of Reasonable Diligence shall not be required to be filed prior
to L) .5-T_ ., 199.
Dated , 1991.
BY THE COURT:
Water Judge
WRJ•.i-Rev. 76
1T(
�^ Aprfli4t3tiRn ' must
'Y,e'currmplcte where
applicable. Type or
Prn,t in RI_AC}<
INK. No i vw.s:r:r.l:'+
or f:rasures unless
initialed.
)LORADO DIVISION OF WATER R RCES
Centennial Bldg., 1313 Sherman St., Denver, orado 80203
841°
(
FOR:
PERMIT APPLICATION FORM
) A PERMIT '0 USE GROUND WATER
A PERMIT -10 CONSTRUCT A WELL
I A PERMIT 0 INSTALL. A PUMP
(x) REPLACEMENT FOR NO 1 3J 3 IR
( )OTHER
RECEIVED
3''1 1. -.?1„"r 11t1A
1YATER COURT CASE NO. .
(1) APPLICANT - mailing address
NAME (31IQRJS IrtIC
c/o Lr'F}t/Falv.JoRrH a PATRickJ c,o c../C N E4O •
STREET P.o. 61Q4wE/ 2 p,` 3p
CITY G 4 cAvrelooD gPiem.165, Co d16o?
(state) (Zip)
TELEPHONE NO. 3 c - py.f- l
(2) LOCATION OF PROPOSED WELL
County Gj?RFIFka
Sw V. of the SLJ ;= Section 23
Twp. % . Rng. 5 p w
N,51
P.M
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gprn) ls-'
Average annual amount of ground water
to be appropriated (acre-feet):
6
Number of acres to be irrigated: 1
Proposed total depth (feet): 23-6
Aquifer ground water is to be obtained from:
FoG(R r1>LL CnnREr; A- R L
Owner's well designation 4P R L3 / 4 ,VS
GROUND WA1 ER TO BE USED FOR:
( 1 HOUSEHOLD USE ONLY • no irrigation (01
( )4 DOMESTIC (1) ( ) INDUSTRIAL (5)
LIVESTOCK (2) ( ) IRRIGATION (til
COMMERCIAL (41 ( ) MUNICIPAL (W
) OTHER (0I
DETAIL THE USE ON BACK IN (111
FOR OFFICE USE
ONLY: DO NOT WRITE IN THIS COLUMN
/
Receipt No / J " / /
C..
Basin Dlst.
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 PURSUANT TO CRS 37-92-602(3) (c) FOR
'THE DEEPENING OR RELOCATION OF EXISTING WELL,
PERMIT N0. /�?3.1 ' o IF RELOCATED, THE OLD
WELL MUST BE PLUGGED AND ABANDONED ACCORDING
THE RULES AND REGULATIONS FOR WATER WELL AND
PUMP INSTALLATION CONTRACTORS, THE ENCLOSED
AFF !DAV IT FORM MUST BE SUBMITTED WITHIN 90 D,
OF CONSTRUCT ION OF THE NEW WELL, AFFIRMING TF'
OLD WAS PLUGGED AND ABANDONED.
(4) DRILLER
Name (:o
Street
City_
F. O. Box 1059
9"? -"1.Q2
Telephone No
C010 clXs21
(Stale) 17,())
Lin. No.
1.09,5
Q..) APPROVED PURSUANT TO..CRS . 37-92-602
(3) (b)(II) AS THE ONLY WELL Cid A TRACT OF
LAND Qi S" ACRES DESCRIBED AS/,.L oyC'�ft,
.6°.°7-/./
3) THE USE OF GFO UND WATER FRODf THIS WELL IS
LIMITED TO FIRE PROTECTION, ORDINARY HOUSEHOL.
PURPOSES INSIDE ONE SINGLE FAMILY DWELLING At:.
A GUEST HOUSE AND THE IRRIGATION OF NOT MORE
THAN ONE ACRE OF HOME GARDENS AND LAWNS AND
WATERING OF DOMESTIC ANIMALS,
THE RETURN FLOW FROM THE USE OF THE WELL
MUST BE THRU AN 1NDIVIDIJAL ,',ASTE ;,'ATER DISPOSAL
SYSTEM CF THE NON - EVAPORATIVE TYPE '.'.}I=F= THE
WATER IS RETURNED TO THE SAME SiREA,1 4I M IN
WHICH THE WELL 1S LOCATED. -- -d'e?1
APPLICATION APPROVED
PERMIT NUMBER % 3_3 3
DATE ISSUED APR 0 2 1984
APR 0219-8n
EXPIRATI0;u-f TE _
BY
ifSS jstand:ATF ENGINEER)
rr, rITv
3
(5rTHE LOCATION OF THE 1'i 5ED 4"SELL and the area on
which the water will be used e, indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
+ — -f- ; - -{-- — -I- — -. --�-
It 1 MILE, 5280 FEET — y;
+
-+-
4- — -i-
NORTH SECTION LINE
z
0
0 -I
N
H
in
X
i
SOU rH SECTION LINE
xIl3
rn
0
z
r
z
m
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 (Os) . - . 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.
(6)'JELL MUST 3E LOCATED BELOW
b stances from section lines.
Op ft. from SOC/Tt/ sec. line
(north or south)
7 -5-0 ft. from (A%E S r sec. line
(east or west)
LOT BLOCK FILING x
SUBDIVISION
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner e SLG ,>�QA�I�A) ,
No. of acres 3S- . Will this be
the only well on this tract? YET.
(8) PROPOSED CASING PROGRAM
Plain Casing
G
in. from 0 ft. to
iyo
ft
`It/? in from / YO ft to 20o ft
Perforated casing
I2 in from ZOO ft. to 2,5 0 ft
in. from ft to `t
(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) : ' C S £
No. of acres: �S
Legal description: S E E EX }f IQ i?" It
A
(11) F ETAI LED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal.
system to be used.
00ME3T .
SFS ( JLtJfpn1T TE c.R.S. /973 J 37-9 z -6,0? (t) (b))
SPEC I.ICA1-1 v Not- rno_e� TNprvinrfAt
ars PoSAL SVSTEAj.'' L)rLL 8,5"
tfT/LiZi^U•
N o nJ - E v 4 Po
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Nater 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%T E BEST OF KNOWLEDGE.
KNOWLEDGE.
SIGNATURE OF APPLItANT(Sl
Use additional sheets of paper if more space is required.
1RJ- F'ev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
f , i1-�t�
11 `RADO DIVISION OF WA R,gr; ES
81 L.entennial Bldg., 1313 Sherman St., neer, Colo go�80203
OCA
PERMIT APPLICATION FORM
V(Ftcr 4tv_
( X) A PERMIT TO USE GROUND 1/1/ATE
( X) A PERMIT TO CONSTRUCT A WELL
FOR: (X) A PERMIT TO INSTALL A PUMP
_ � r
SET' 2 1 1583
W TEF-: RESOURCES
STQIt - ENGINEER
GALA_
( ) REPLACEMENT FOR NO
( )OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME RAC ARABIANS, I°"
c/o Leave r>worth ;- PacriLk & Loc.hhead,
STREET P.O. Drawer 2030
CITY Glenwood Springs, CO 81602
(State) (Lip)
TELEPHONE NO (303) 945-2261
(2) LOCATION OF PROPOSED WELL
County Garfield
NE % of the NW
Ya Section 26
Twp. 7 S Rng. 89 W
'
iN.SI (E.WI
6th P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 15
Average annual amount of ground water
to be appropriated (acre-feet):
6
Number of acres to be irrigated: 1
150
Proposed total depth (feet):
Aquifer ground water is to be obtained from:
FOUR MILE CREEK ALLUVIUM
Owner's v: ell designation
RAC ARABIANS No. 3
GROUNDWATER TO BE USED FOR:
HOUSEHOLD USE ONLY
X) DOMESTIC (1)
LIVESTOCK (2)
COMMERCIAL (4)
no irrigation (0)
( ) INDUSTRIAL (5)
( ) IRRIGATION (6)
( ) MUNICIPAL (8)
OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name Licensed Driller
Street
City
Telephone No.
(State)
(Ztp)
Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
R ceipt No 38191 �
P.Re
e.
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.
2) APPROVED PURSUANT TO..CRS 1973,.37-92-602
(3)(b)(II) AS THE ONLY WELL ON A TRACT OF
LAND OF ACRES DESCRIBED AS /fJt5.- jY
2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED
TO ORDINARY HOUSEHOLD PURPOSES, FIRE PROTECTION,
THE WATERT!;;; :2,?!';,T RY, DOMESTIC ANIMALS, AND
LIVESTOCK ON FA ;:;;; ,AND RANCHES AND THE IRRIGATION
OF NOT MORE THAN ONE ACRE OF HOME GARDENS
AND LAWNS, BUT NOT USED FOR MORE THAN THREE
SINGLE FAMILY DWELLINGS.
THE RETURN FLOW FROM THE USE OF THE WELL'
MUST BE THRU A' INDIVIDUAL WASTE WATER DISPOSAL
SYSTEM OF THE NCN - EVAPORATIVE TYPE WHERE THE
WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED. 20, yrj ,d. -2-S-3
l 5'
'M
APPLICATION APPROVED
PERMIT NUMBER .1.338°6
DATE ISSUED
n C-:
r-,
EIOrN/DAAT�E - L
XP
4
Assistant
v'
r
BY
D
ENGIfQr;ER)
COUNTY �J
C`,THE LOCATION OF THE P SED WELL and the area on
which the water will be used mu „Idicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
4 1 MILE, 5280 FEET —yl
+ 4- + + ± + +
A—NORTH+.
I z
0
I I Lj
NORTH SECTION LINE
Ix
- -}- -
1
— —f -- --
II
1
I
1
+ - .4- -I-
I
ION LINE
m
ti
cnm
0
O
Z
4 + +
- -{— — 4- —
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.
(6) TH� L MUST BE LOCATED BELOW.-
by ces from section lines.
10 ft. from North sec. line
(north or south)
1 "ilo ft from West sec. line
(east or west)
LOT BLOCK FILING #
SUBDIVISION n/a
(7) TRACT ON
LOCATED
WHICH WELL WILL BE
Owner:RAC ARABIANS, INC.
No. of acres 35 Will this be
the only well on this tract? Ye s
(8) PROPOSED CASING PROGRAM
Plain Casing
6 in. from 0 ft to 13 5 ft
6 in from 136 ft to 150 ft
Perforated casing
0
0
irrigation of
0
in. from ft to ft -'
in from ft to ft
ro
(9) FOR REPLACEMENT WELLSgivedistance
and direction from old well and plans for plugging 0
it:
_ 1+
N/Ac
T ro
E
co 3
w ro
5)
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s)• RAC ARABIANS, INC. No. of acres: 35
Legal description: SW4 of the NAof SEC 26 T7S R89W 6PM (See Exhibit "A")
r
00 0
c
v
cu
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. Domestic use pursuant to C.R.S. 1973, 37-92-602(1)(b)., specifically, up to
Applicant proposes to utilize individual nonevapotranspirative wastewater
treatment systems.
(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.
RAC ARA S, INC.
SIGNATURE OF APPLICANT/Si /
L
oslyn' Coro. ny, Pr dent
Use additional sheets of paper if more space is required.
one acre
writ s-RevrJ6
Applicationrnu CEIVED
be complete R
applicable. Ty e or
print in elslit_c 0 71983
INK. No overstr
un ki� RESOURCES
WjF - ENGINEER
or erasures
initialed.
000.
iii_ORADO DIVISION OF WAT ,kCY'
8 ntennial Bldg., 1313 Sherman St., DLn er, T 503
QC1
PERMIT APPLICATION FORM soriZa
t`1 Eit R n t'
(X ) A PERMIT TO USE GROUND Wi'
(X 1A PERMIT TO CONSTRUCT A WEL
FOR: (X ) A PERMIT TO INSTALL A PUMP
REC^ LVED
SEP 2 1 1983
( ) REPLACEMENT FOR NO
( )OTHER
WATER COURT CASE NO
WATER REOURCc3
STATE - ENGINEER
co.1B,
(1) APPLICANT - mailing address
NAME RAC ARABIANS, INC.
c/o Leavenworth, Patrick & Lochhead, P.C.
STREETP•O. Drawer 2030
CITY Glenwood Springs, CO 81602
(State) (Lip)
TELEPHONE NO (303) 945-2261
(2) LOCATION OF PROPOSED WELL
County Garfield
NW
1/4 of the NW 'A Section 26
Twp. 7 S , Rng. 89 W
iN.S1 E.tiw
6th P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet)•
15
Number of acres to be irrigated: 1
Proposed total depth (feet): 150
Aquifer ground water is to be obtained from:
Four Mile Creek Alluvium
Owner's well designation RAC ARABIANS No. 2
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
( X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
NameLicensed Driller
Street
City
(State) (Lip)
Telephone No Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No 38190
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.
3) APPROVED PURSUANT TO.CRS 1973,.37-92-602
(3)(b)(II) AS THE ONLY WELL ON A TRACT OF
LAND OF IS. oo ACRES DESCRIBED AS Phgr 0f
__SECTION S 23� 02 `) 14.27 T, 2 S.I R . k A%%
2) THE USE OF GROUNDWATER FROM THIS WELL 1S LIM-
ITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE ONE
SINGLE FAMILY DWELLING, FIRE PROTECTION, THE
WATERING OF POULTRY, DOMESTIC ANIMALS, AND
LIVESTOCK ON FARMS AND RANCHES, AND THE IRRIGA-
TION OF, .NOT OVER ONE ACRE 0..E .HOME GARDENS AND
LAWNS,
THE RETURN FLOW FROM THE USE OF THE WELL
MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
SYSTEM OF THE NCI! - EVAPORATIVE TYPE WHERE THE
WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED. . 2? /2— 8-8-3
0 ‘,7‘1" r :
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
X339
DEC 1 3 1983
EXPIR ION DATE
". 4/L.
(ST
3 1985
Assistant
BY
I 0 COUNTY
(5) THE LOCATION OF THE P 'OSED WELL and the area on
which tr:� water will be used m indicated on the diagram below.
Use the CENTER SECTION (1 se , 640 acres) for the well location.
1 MILE, 5280 FEET--�I
NORTH SECTION LINE
x
-
1
-
. 1
- -+- -
1
1
- - -}-
- -
- -4- -
1
1
1
1
SOUTH SECTION LINE
+
4-
m
N
N
1
0
Z
r -
Z
m
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6) THF =LL MUST BE LOCATED pELOW
by noes from section lines.
10North
ft from •
sec. line
(north or south)
300 ft from We s t sec. line
(east or west)
LOT BLOCK FILING
SUBDIVISION
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: RAC ARABIANS, INC.
No. of acres 35
the only well on this tract? Yes
. Will this be
(8) PROPOSED CASING PROGRAM
)
U
ro
Plain Casing
U
6 in. from 0 ft to 135 ft
a1
6 in from 136 ft to 150 ft >
Perforated casing ' u,
in. from ft. to ft 'a
r+ L
3 czl
in. from ft to ft cc
a1
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.
U
(9) FOR REPLACEMENT WELLS give distanceu a
and direction from old well and plans for plugging -a
it:
N/A v
>J �
• (10) LAND ON WHICH GROUND WATER WILL BE USED: 0
� L
Owners)• RAC ARABIANS, INC. No. of acres: 35 c o
Legal description: °
,c
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal ro
system to be used. Domestic use pursuant to C.R.S. 1973, 37-92-602(1)(b)specifically, not mor
Individual non—evapotranspirative wastewater disposal systems will be utilized.
See Exhibit "A"
(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.
RAC ARABINS, INC.
SIGNATURE OF APPLICANTS)
By
oslyn C
lodny, Pident
Use additional sheets of paper if more space is required.
-1
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
FILO It. ,;oU:0T
WATER GIV,G".ti 5,
MAR 29 1984
MARIE TALAMAS, CLERK
Application No. 83CW377
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF RAC ARABIANS,
INC., IN THE ROARING FORK RIVER, OR ITS TRIBUTARIES, TRIBUTARY
INVOLVED: FOUR MILE CREEK, IN GARFIELD COUNTY
The above entitled application was filed on December 30, 1983,
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said
Court on the lith day of January, 1984, in accordance with Article
92 of Chapter 37, Colorado Revised Statutes 1973, known as The
Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations
as are necessary to determine whether or not the statements in the
application are true and having become fully advised with respect
to the subject matter of the application does hereby make the
following determination and ruling as tiie Referee in this matter,
to -wit:
1. The statements in the application are true.
2. The name of the structure is RAC Well No. 2.
3. The name of the claimant and address is: RAC Arabians,
Inc.; 405 West Seventh; Glenwood Springs, Colorado.
4. The source of the water is a well having a depth of
150 feet, and being tributary to Four Mile Creek, tributary to
the Roaring Fork River.
5. The well is located in the NW4NWI of Section 26, T. 7 S.,
R. 89 W. of the 6th P.M. at a point 10 feet South of the North line
and 300 feet East of the West line of said Section 26.
6. The use of the water is domestic, livestock water and
irrigation as described in C.R.S. 1973, 37-92-602(1)(b).
7. The date of initiation of appropriation is September 1,
1983.
83CW377
8. The amount of water claimed is 0.033 cubic foot of
water per second of time, conditional.
9. On December 13, 1983, Permit No. 133901 was issued by
the Office of the State Engineer, 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 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.
1) Approved Pursuant to C.R.S. 1973, 37-92-602(3)(b)
(II) as the only well on a tract of land of 35.00
acres described as part of Sections 23, 26, and 27,
T. 7 S. , R. 89 W. , 6th P.M.
2) The use of groundwater from this well is limited
to ordinary household purposes inside one single
family dwelling, fire protection, the watering of
poultry, domestic animals, and livestock on farms
and ranches, and the irrigation of not over one
acre of home gardens and lawns.
The return flow from the use of the well must be
thru 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.
10. The well has not yet been completed and the water has
not been diverted and applied to beneficial use.
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 conditionally awarded to RAC Well
No. 2 for domestic, livestock water and irrigation as described
in C.R.S. 1973, 37-92-601(1)(b), with appropriation date of the
1st day of September, 1983; subject, however, to the "conditions
of approval" of the Permit as set forth in paragraph 9 above.
The above described underground water right meets the criteria
for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602(1) (b),
so long as it is used for the purposes set forth herein, and by
statute.
83CW377
The well is hereby awarded its original priority date of
the 1st day of September, 1983, in accordance with C.R.S. 1973,
37-92-602(4).
Application for a quadrennial finding of reasonable diligence
shall be filed in March of 1988 and in March of every fourth
calendar year thereafter so long as claimant desires to maintain
this conditional water right or until a determination has been
made that this conditional water right has become an absolute
water right by reason of the completion of the appropriation.
It is accordingly ORDERED that this ruling shall be filed
with the Water Clerk subject to Judicial review.
It is further ORDERED that a copy of this ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
Dated /1/49nCGN Z � /f10 ¢-
No protest waf-. `lira ; h mryltor.
The fcr,cgc- nc .•; 7:nfirrr2d
and approv:a, ani :_ r„c:de the
Judcment c:.,d Decree or i:iis urt.
Date%: �4`a... / 9
WATER JUDGE
BY THE REFEREE:
Wa t9+�')`Referee
Wa r Division No . 5
State of Colorado
-3-
f ma il3d to all
✓o: c,i d Wate
lDiv. E gineer—`fir—and
::...o Ln&i:ieer-Date
Vft
Hater Div. No. 5
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
FILED ;ff rl` TRIC ;OIJ`',T
liiATLH GCViSiai 5, CiA.O'•.AuO
MAR 29'
MARIE TALAiviAS, CLERK
Application No. 83CW378
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF RAC ARABIANS,
INC., IN THE ROARING FORK RIVER, OR ITS TRIBUTARIES, TRIBUTARY
INVOLVED: FOUR MILE CREEK, IN GARFIELD COUNTY
The above entitled application was filed on December 30, 1983,
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said
Court on the 17th day of January, 1984, in accordance with Article
92 of Chapter 37, Colorado Revised Statutes 1973, known as The
Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations
as are necessary to determine whether or not the statements in
the application are true and having become fully advised with
respect to the subject matter of the application does hereby make
the following determination and ruling as the Referee in this
matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is RAC Well No. 3.
3. The name of the claimant and address is: RAC Arabians,
Inc.; 405 West Seventh; Glenwood Springs, Colorado.
4. The source of the water is a well having a depth of
150 feet, and being tributary to Four Mile Creek, tributary to
the Roaring Fork River.
5. The well is located in the NE4NW4 of Section 26, T. 7
S., R. 89 W. of the 6th P.M. at a point 10 feet South of the
North line and 1,330 feet East of the West line of said Section 26.
6. The use of the water is domestic, livestock water and
irrigation uses as described in C.R.S. 1973, 37-92-602(1)(b).
7. The date of initiation of appropriation is September 1,
1983.
8. The amount of water claimed is 0.033 cubic foot of water
per second of time, conditional.
r
83CW378
9. - On December 6, 1983, Permit No. 133806 was issued by
the Office of the State Engineer, 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 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.
1) Approved pursuant to C.R.S. 1973, 37-92-602(3)(b)
(II) as the only well on a tract of land of 39.66
acres described as NE4NW4, Sec. 26, T. 7 S., R. 89
W. , 6th P.M.
2) The use of groundwater from this well is limited
to ordinary household purposes, fire protection, the
watering of poultry, domestic animals, and livestock
on farms and ranches and the irrigation of not more
than one acre of home gardens and lawns, but not used
for more than three single family dwellings.
The return flow from the use of the well must be
thru an individual waste water disposal system of
the icon -evaporative type where the water is returned
to the same stream system in which the well is
located.
10. The well has not yet been completed and the water has
not been diverted and applied to beneficial use.
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 conditionally awarded to RAC Well No. 3 for
domestic, livestock water and irrigation as described in C.R.S. 1973,
37-92-602(1)(b), with appropriation date of the 1st day of September,
1983; subject, however, to the "conditions of approval" of the Permit
as set forth in paragraph 9 above.
The above described underground water right meets the criteria
for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602(1)(b),
so long as it is used for the purposes set forth herein, and by
statute.
The well is hereby awarded its original priority date of the
1st day of September, 1983, in accordance with C.R.S. 1973,
37-92-602 (4) .
-2-
83CW378
Application for a quadrennial finding of reasonable diligence
shall be filed in March of 1988 and in March of every fourth
calendar year thereafter so long as claimant desires to maintain
this conditional water right or until a determination has been
made that this conditional water right has become an absolute
water right by reason of the completion of the appropriation.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk subject to Judicial review.
It is further ORDERED that a copy of this ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
Dated 4I ' dV 21, /fJ
No protes-; wo7.
The foregc:ng
and approved, ar..d nr.:� ;,e
Judgment cnd Decroe o_ r;i tort.
Da
WATER JUDGE
BY THE REFEREE:
W r Referee
W ter Division No. 5
State of Colorado
.!;: f:-,; e7;-) ma ilk to all
recur d --Water`
-'c.-r : _tel Div. Engineer --and
-3- Engineer `' Date 3--0 e4-1
E: Lr y C,!eri;, \, E;tier Div. No. 5
FILED IN DISTRICT COU,T-
DISTRICT COURT, WATER DIVISION NO. 5, .COLORADO 4�ATtR C V Sl�h 5, C'. LO A:.Q
Application No. 83CW376
APR 1 9 -138 -4 -
Application
4
MARIE TALAMAS, CLLRK
AMENDED RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF R,“C ARABIANS,
INC., IN THE ROARING FORK RIVER, OR ITS TRIBUTARIES, TRIBUTARY
INVOLVED: FOUR MILE CREEK, IN GARFIELD COUNTY.
The above entitled application was filed ori December 30, 1983,
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said
Court on the 17th day of January, 1984, in accordance with Article
92 of Chapter 37, Colorado Revised Statutes 1973, known as The
Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations
as are necessary to determine whether or riot the statements in
the application are true and having become fully advised with
respect to the subject matter of the application does hereby make
the following determination and ruling as the Referee in this
matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is RAC Well No. 1.
3. The.nane of the claimant and address is: RAC Arabians,
Inc.; 405 West Seventh; Glenwood Springs, Colorado.
4. The source of the water is a well having a depth of 150
feet, and being tributary to Four Mile Creek, tributary to the
Roaring Fork River.
5. The well is located in the S[7'4SWi4 of Section 23, T. 7
S., R. 89 W. of the 6th P.M. at a point 700 feet North of the
South line and 750 feet East of the West line of said Section 23.
6. The use of the water is domestic as defined in C.R.S.
1973, 37-92-602 (1) (b) .
7. The date of initiation of appropriation is September
1, 1983.
8. The amount of water claimed is 0.033 cubic foot of
water per second of time, conditional.
83CW376
9. On October 26, 1933, Permit No. 133318 was issued by
the Office of the State Engineer, 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 not assure the applicant
that no injury will occur to another vested water
right or preclude another owner from seeking relief
in a civil court action.
1) APPROVED PURSUANT TO CRS 1973, 37-92-602(3)
(b)(II) AS THE ONLY WELL ON A TRACT OF LAND OF 35
ACRES DESCRIBED AS PART OF SW1SW4, SEC. 23, T. 7 S.,
R. 89 W., 6th P.M.
2) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED
TO FIRE PROTECTION, ORDINARY HOUSEHOLD PURPOSES INSIDE
A SINGLE-FAMILY DWELLING, AND A GUEST IIOUSE; THE
IRRIGATION OF NOT MORE THAN ONE ACRE OF HOME GARDENS
AND LAWNS, AND THE WATERING OF DOMESTIC ANIMALS.
THE RETURN FLOW FROM TIIE USE OF THE WELL MUST BE THRU
AN INDIVIDUAL WASTE WATER DISPOSAL SYSTEM OF THE NON-
EVAPORATIVE TYPE WIIERE THE WATER IS RETURNED TO TIIE
SAME STREAM SYSTEM IN WHICH THE WELL IS LOCATED.
10. The well has not been completed and the water has not
been diverted and applied to beneficial use.
11. On April 2, 1984, Permit No. 133318-A was issued by the
Office of the State Engineer as z replacement for Permit No. 133318,
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 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.
1) APPROVED PURSUANT `.1'0 CRS 37-92-602 (3) (c) FOR
THE DEEPENING OR RELOCATION OF EXISTING WELL, PERMIT
NO. 133318. IF RELOCA'T'ED, TIIE OLD WELL MUST 13E PLUGGED
•AND ABANDONED ACCORDING TO THE RULES AND REGULATIONS
FOR WATER WELL AND PUMP INSTALLATION CONTRACTORS. THE
ENCLOSED AFFIDAVIT FORM MUST BE SUBMITTED WITHIN 90 DAYS
OF CONSTRUCTION OF TIIE NEW WELL, AFFIRMING THE OLD WAS
PLUGGED AND ABANDONED.
83CW376
2) APPROVED PURSUANT TO CRS 37-92-602 (3) (b) (11) AS
THE ONLY WELL ON A TRACT OF LAND OF 35 ACRES DESCRIBED
AS Part of the SW1/4SW, Sec. 23, T. 7 S., R. 89 W., 6th
P.M.
3) THE USE OF GROUND UATER FROM THIS WELL IS LIMITED
TO FIRE PROTECTION, ORDINARY HOUSEHOLD PURPOSES INSIDE
ONE SINGLE FAMILY DWELLING AND A GUEST HOUSE AND THE
IRRIGATION OF NOT MORE THAN ONE ACRE OF HOME GARDENS
AND LAWNS AND THE WATERING OF DOMESTIC ANIMALS.
THE RETURN FLOW FROM THE USE OF THE WELL MUST BE
THRU AN INDIVIDUAL WASTE WATER DISPOSAL SYSTEM OF THE
NON -EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO
THE SAME SYSTEM IN WHICH THE WELL IS LOCATED.
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 conditionally awarded to RAC Well No.
1 for domestic purposes as defined in CRS 1973, 37-92-602(i)(b),
with appropriation date of the 1st day of September, 1983, subject,
however, to the "conditions of approval" of the Permit as set
forth in paragraph 11 above.
The above described underground water right meets the criteria
for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602(1)(b),
so long as it is used for the purposes set forth herein, and by
statute.
The well is hereby awarded its original priority date of the
1st day of September, 1983, in accordance with C.R.S. 1973,
37-92-602(4).
Application for a quadrennial finding of reasonable diligence
shall be filed in March of 1988 and in March of every fourth
calendar year thereafter so long as claimant desires to maintain
this conditional water right or until a determination has been
made that this conditional water right has become an absolute
water right by reason of the completion of the appropriation.
It is accordingly ORDERED that this ruliny shall be filed
with the Water Clerk subject to iudicial review.
It is further ORDERED that copy of this ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
83CW376
Da ted 4,/•74:7/4.
BY THE REFEREE:
a44
Wa feree
Wa r Division No. 5
State of Colorado
No protest was filed in this matter.
The foregoing ruling is confirmed
;a mcd2 ihe
Judoment uci Decree of this court.
Dated:
•
i to
• o ;70 rd –L:•—Water.
Engincor-1=–and
• ,
• • •••• • • • ----
1 • !,, v. N. 5
Th2C'? - -8 /-4
OFFICE OF THE STATE ENGINEE
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
irPB 1 .Li i.til,-
-
ATE OF COLORADO
February 16, 1993
Mr. Dave Michaelson
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Colodony Subdivision Exemption
Sections 23 & 26, T 7 S, R 89 W, 6TH P M
Division 5, Water District 38
Dear Mr. Michaelson:
Roy Romer
Governor
Ken Salazar
Executive Director
Hal D. Simpson
State Engineer
We have reviewed the above referenced proposal to divide a 124.5 acre parcel into two
parcels of approximately 114 acres and 10 acres. Additionally, the 10 acre parcel is proposed to
be further split into four residential lots. The information submitted did not indicate the proposed
configuration of the 114 acre parcel and the 10 acre parcel. Our previous letter of December 8,
1992, identified the proposed water supply as individual on lot wells. Pursuant to a phone
conversation with the applicant's attorney on February 11, 1993, the applicant proposes to supply
water to the four lots through the shared use of domestic wells.
Information in this proposal references three domestic well permits, nos. 133318, 133901,
and 133806, that were originally issued under the name RAC Arabians, Inc. A review of our
records indicates the following concerning these three domestic well permits:
Permit no. 133806 - This permit was expired in 1985 due to lack of evidence of
construction of the well. Although a conditional water right was
awarded to this well for domestic purposes in case no. 88CW24, a
new permit must be obtained before this well can be constructed or
operated.
Permit no. 133318 - This permit was issued as the only well on a 35 acre parcel located
in the SW 1/4 of the SW 1/4 of Section 23. This permit can be used
for fire protection, ordinary household purposes inside two single
family dwellings, irrigation of one acre of home lawns and gardens,
and for non-commercial domestic animals. This well was
conditionally decreed for domestic purposes in case no. 88CW26.
Permit no. 133901 - This well was issued as the only well on a 35 acre parcel located
primarily in the NW 1/4 of the NW 1/4 of Section 26. This permit
can be used for fire protection, ordinary household purposes inside
one single family dwelling, irrigation of one acre of home lawns and
gardens, and for poultry, domestic animals, and livestock on a farm
or ranch. This well was conditionally decreed for domestic purposes
in case no. 88CW25.
• 1
Mr, Dave Michaelson Page 2
February 16, 1993
The proposal did not indicate how many dwellings each domestic well was to serve, but
currently, the two valid well permits (nos. 133318 and 133901) may only serve a combined total
of three dwellings. A domestic well permit on a parcel of 35 acres or more may be permitted to
serve a maximum of three (3) single family dwellings if requested on the application. A new permit
for each well could be obtained if the 35 acres or more the original permit was issued for is owned
by one interest when the new permit is issued. The term "one interest" shall apply to persons who
acquire an interest in the land as joint tenants or tenants in common as evidenced by a deed
showing such ownership. If ownership of the original 35 acres or more has been divided, then no
new or additional well permits can be issued on these lands without a water court decreed plan for
augmentation. The parcel designated by permit no. 133318 appears to be contained within the
present boundaries of the Colodony parcel, but the parcel designated by permit no. 133901 (and
expired permit no. 133806) appears to include a portion of the parcel split from the Colodony
parcel in 1984.
In order to share the use of these domestic well permits between the four proposed lots, and
in order to assure that a permanent water supply will be available on an equitable basis to the four
lots, we recommend the following:
1. The well(s) should be located on ari 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(s) should be jointly owned by the lot owners.
3. Covenants and/or other mechanisms should establish a lot owners association with
powers to make decisions concerning management and operation of the well. A
joint maintenance agreement is a required part of such an association.
4. The well(s) are limited to serving only the number of dwellings specified by the
permit.
5. The required new well permit(s)must be obtained, and a plat identifying the subject
wells and the corresponding lots they will serve must be submitted to this office and
Garfield County.
If the above provisions are met, we can recommend approval of this proposal based on the
use of shared wells. Please let us know if you have any further questions.
fSincerely,
John Schurer, P.E.
Senior Water Resource Engineer
JS/JD
colodony.rev
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner
Bruce DeBrine
(/W
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
COND[T1ONS 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.
3) Approved pursuant to CAS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 44.68 acres described as
that portion of the NW 1/4 of Sec. 26, and that portion of the SW 1/4 of Sec. 23, Twp. 7 South, Rng. 89 West of
the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A' as Colodny parcel B.
4) The construction of this well hereby cancels permit nos. 133901 and 133318. The old wells must be plugged and
abandoned according to the Water Well Construction and Pump Installation Rules within ten (10) days of initiation
of use of the new well. The enclosed well abandonment report forms must be completed affirming that the old
wells were plugged and abandoned.
5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3)
single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering
of domestic animals.
6) The maximum pumping rate shall not exceed 15 GPM.
7) 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.
8) This well shall be constructed not more than 200 feet from the location specified on this permit.
APPROVED
JD2
State Engineer
Receipt No. 0350724C
DATE ISSUED JUN 2 4 fool
F ortri N -i.
GWS -25
APPLICANT
OFFICE OF THE ST, ENGINEER
COLORADO DIVISIG OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERMIT NUMBER :11.7071.:"
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot: 8 Block: Filing: Subdiv:
ROSLYN & LESTER COLODNY
% LEAVENWORTH & LOCHHEAD
P 0 DRAWER 2030
GLENWOOD SPGS CO 81602
( 303)945-2261
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 SW 1/4 Section 23
Twp 7 S RANGE 89 W 6th P.M.
DISTANCES FROM SECTION LINES
300 Ft. from South Section Line
800 Ft. from West Section Line
By
EXPIRATION DATE.] UN 2 1 ,i.;::
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS QF 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.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 36.03 acres described as
that portion of the SW 1/4 of Sec. 23, NW 1/4 of Sec. 26, and that portion of the SE 1/4 of the NE 1/4 of Sec. 27,
all in Twp. 7 South, Rng. 89 West of the 6th P.M., Garfield County, being more particularly described on the
attached exhibit "A" as Colodny parcel A.
4) The construction of this well hereby cancels permit nos. 72267, 133901, and 133310. The old wells must be
plugged and abandoned according to the Water Well Construction and Pump Installation Rules within ten (10)
days of initiation of use of the new well. The enclosed well abandonment report forms must be completed affirming
that the old wells were plugged and abandoned.
5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3)
single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering
of domestic animals.
6) The maximum pumping rate shall not exceed 15 GPM.
7) 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.
8) This well shall be constructed not more than 200 feet from the location specified on this permit.
-!)
APPROVED
JD2 ?d/J'id
State Engineer
Receipt No. 0350724B
fay
DATE ISSUED JUN 2 4 IM EXPIRATION DATE .-fiJN
Form No.
GWS -25
APPLICANT
OFFICE OF THE ST* ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centonnial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3881
LIC
WELL PERMIT NUMBER 1 7071'
DIV. 5 CNTY. 23 WO 38 DES. BASIN MD
Lot: A Block: Filing: Subdiv:
ROSLYN & LESTER COLODNY
% LEAVENWORTH & LOCHHEAD
P 0 DRAWER 2030
GLENWOOD SPGS CO 81602
( 303)945-2261
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NW 1/4 Section 26
Twp 7 S
RANGE 89 W 6th P.M.
DISTANCES FROM SECTION LINES
1575 Ft. from North Section Line
280 Ft. from West Section Line
Form`iJo. OFFICE OF THE ST•. ENGINEER
GWS -25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg.. 1313 Sherman St.. Denver, Colorado 80203
(303) 866-3581
APPLICANT
LIC
WELL PERMIT NUMBER 17(171.
DIV. 5 CNN. 23 WD 38 DES. BASIN MD
Lot: C Block: Filing: Subdiv:
ROSLYN & LESTER COLODNY
% LEAVENWORTH & LOCHHEAD
P 0 DRAWER 2030
GLENWOOD SPGS CO 81602
( 303)945-2261
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NW 1/4 Section 26
Twp 7 S RANGE 89 W 6th P.M,
DISTANCES FROM SECTION LINES
2075 Ft. from North Section Line
330 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS 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.
The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCA 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 tract of land of 35.26 acres described as
that portion of the NW 1/4 of Sec. 26, and the SE 1/4 of the NE 1/4 of Sec. 27, all in Twp. 7 South, Rng. 89 West
of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A' as Colodny parcel
C.
The construction of this well hereby cancels permit no. 133901. The old well must be plugged and abandoned
according to the Water Well Construction and Pump Installation Rules within ten (10) days of initiation of use of
the new well. The enclosed well abandonment report form must be completed affirming that the old well was
plugged and abandoned.
The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3)
single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering
of domestic animals.
6) The maximum pumping rate shall not exceed 15 GPM.
7) 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.
8) This well shall be constructed not more than 200 feet from the location specified on this permit.
APPROVED
//AEA
JD2
State Engineer
Receipt No. 0850724A
DATE ISSUED JUN 2 4 Igg3
Ny
EXPIRATION DATE JON ;' `x
• *
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTION OF COLODNY SUBDIVISION
THIS DECLARATION is made this 24th day of June, 1993, by LESTER AND
ROSLYN COLODNY, whose address is Malco Development, 2500 North Military Trail, Suite
175, Boca Raton, Florida 33431 (hereinafter "Declarant");
WITNESSETH:
WHEREAS, Declarant is the sole owner of certain real property in Garfield County,
Colorado, described on the Exemption Plat described below (hereinafter "Subject Property");
and
WHEREAS, Declarant has caused the Subject Property to be surveyed, platted and
exempted from the subdivision process into four lots and one additional parcel, which is
hereinafter referred to as the remainder parcel, as filed in the records of the Office of the Clerk
and Recorder of Garfield County, Colorado, on the day of , 1993, as
Reception No. (hereinafter "Exemption Plat"); and
WHEREAS, Declarant obtained for the Subject Property a subdivision exemption which
created the five parcels (hereinafter "Parcels 1, 2, 3, 4 and the remainder parcel") further
described individually on the Exemption Plat; and
WHEREAS, Declarant's ownership of the Subject Property includes certain irrigation
water rights, more particularly described herein, and certain wells, pumps, pipelines and
associated well equipment as more particularly described herein; and
WHEREAS, Parcels 1, 2, 3, 4 and the remainder parcel are collectively called the
Colodny Subdivision, and Declarant intends to sell Parcels 1, 2, 3, 4 and the remainder parcel
to separate individuals; and
WHEREAS, Declarant's ownership of wells includes the Scott Well (a/k/a RAC Well
No. 1) and RAC Well No. 2, which are intended to provide a water supply for single-family
dwellings, and which currently provide a water supply to single-family dwellings located on
Parcels 1, 2, 3 and 4; and
WHEREAS, Parcels 1, 2, 3 and 4 are served by common roads, bridges and access
easements (hereinafter "road or subdivision roads") as well as individual driveways, all of which
are shown generally on the Exemption Plat; and
WHEREAS, Declarant desires to provide a method for the operation, maintenance, repair
and replacement of the subdivision roads, landscaped easement, and for the future ownership,
use, and maintenance of the Scott Well (a/k/a the RAC Well No. 1), the RAC Well No. 2 and
C: \FILES\COLODNY.2DC
June 24, 1993
• •
the allocation of irrigation water rights for the benefit of Parcels 1, 2, 3 and 4.
NOW, THEREFORE, Declarant hereby declares that Parcels 1, 2, 3 and 4, as described
on the Exemption Plat, are and shall hereafter be subject to the following covenants, conditions
and restrictions:
1. Definitions.
1.1 "Owner" shall mean any person or entity having a record interest in one or more
of the parcels which are subject to this Declaration.
1.2 "Parcel" shall mean and refer to any one of the four lots shown as Parcels 1, 2,
3 or 4, upon the map of the Colodny Subdivision as recorded on
, 1993, as Reception No. , in the Office of the
Clerk and Recorder of Garfield County, Colorado.
1.3 "Subdivision" shall mean and refer to the Colodny Subdivision Exemption.
2. Domestic Water.
2.1 Parcels 1 and 2 shall be serviced by the Scott Well (a/ka/ the RAC Well No. 1,
hereinafter "Scott Well") and its pump, pipelines, well equipment, decreed water
right and well permit shall be owned equally by the owners of Parcels 1 and 2.
Each property owner's interest in the Scott Well shall be appurtenant to the parcel
it benefits and may not be conveyed apart from that parcel.
The owners of Parcels 1 and 2 shall each have all necessary easements for
supplying water to their parcels from the Scott Well, and for the operation,
maintenance, repair and replacement of the Scott Well, its pump, pipelines and
well equipment. As part of any conveyance of Parcels 1 and 2, the grantor shall
reserve and/or convey all such necessary easements.
2.2 Parcels 3 and 4 shall be serviced by the RAC Well No. 2 and its pump, pipelines,
well equipment, decreed water right and well permit shall be owned equally by
the owners of Parcels 3 and 4. Each property owner's interest in RAC Well No.
2 shall be appurtenant to the parcel it benefits, and may not be conveyed apart
from that parcel.
The owners of Parcels 3 and 4 shall each have a right to all necessary easements
for supplying water to their parcels from RAC Well No. 2 and for the operation,
maintenance, repair and replacement of RAC Well No. 2, its pump, pipelines and
well equipment. As part of any conveyance of Parcels 3 and 4, the grantor shall
reserve and/or convey all such necessary easements.
C: \FILES\COLODNY.2DC
June 24, 1993
-2-
• 1
2.3 The Declarant shall convey, by quit claim deed, the well, pump, pipeline, and all
well structures and equipment and assign the well permit in the amounts as set
forth herein.
2.4 Parcel owners of Parcels 1 and 2 shall pay one-half of all costs, and parcel
owners of Parcels 3 and 4 shall pay one-half of all costs, respectively, incurred
for the well serving its property for operation, repair, maintenance and
replacement of the well, its pump, common pipelines, and well equipment (unless
indicated otherwise herein). However, each parcel owner shall be solely
responsible for the costs of operation, repair, maintenance, and replacement of
its individual water systems, which include pipelines and other items which are
not used in common and serve only one parcel. In the event that a well servicing
two parcels is only being used by one parcel, and the Declarant is the owner of
such nonusing parcel, then the using owner shall be entirely responsible for all
costs associated with the well until either the Declarant sells the parcel or uses
from the well commence.
2.5 In the event any parcel owner determines it is necessary to repair, replace,
maintain or improve a ditch, well structure, pipeline, or appurtenant facilities it
owns in common, such owner shall notify the other owner before commencing
work. Both owners agree to cooperate for the purpose of entering into mutual
agreements for completion and payment of the cost of such repairs, maintenance,
improvements or replacements. Should the owners be unable to agree, any owner
shall be entitled to make any and all reasonable improvements which are essential
for the proper functioning of the ditch, well, pump, pipeline or appurtenant
facilities, and shall notify the other owners in writing of their intent to assess one-
half of the costs and expenses, in accordance with this Agreement.
2.6 Each parcel owner shall use not more than one-half of the water physically
available from the well servicing its property, or allowed to be used pursuant to
the well permit and decree for the well, whichever is less. Also, the well water
shall be used in accordance with any other terms and conditions imposed by
decree or any well permits, including irrigation of not more than one-half acre of
lawn and garden per interest in each well, unless all of the owners of the well
otherwise agree.
2.7 The owners of the interests in each well agree to exercise such prudence and
conservation in order to allow for efficient and beneficial use of the well, and to
avoid unnecessarily burdening the aquifer and well pump.
2.8 In the event that any governmental or judicial authority imposes future
requirements or restrictions on the well or its use by any of the owners of the
interests in the well, the parties agree to work together to comply with such
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June 24, 1993
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• •
requirements or restrictions so as to ensure a continuing water supply for each
parcel. The owners shall share equally any costs associated with such
compliance.
2.9 In the event any owner disconnects from the well servicing its property, the
owner shall have no right to reimbursement or payment for sums contributed
pursuant to the terms of this Agreement. The owner or owners who remain
connected to the well shall then share equally among themselves the common
costs and expenses of maintenance, repair, operation and replacement of the well,
pump, and common pipeline and other facilities.
3. Irrigation Rights.
3.1 At the time of conveyance, Declarant shall convey to Parcels 1, 2, 3 and 4, by
quit -claim deed without warranty of any kind, the appurtenant irrigation water
rights, if there are any. By this reference, Declarant makes no representation that
there are water rights appurtenant to these parcels.
If there are water rights, each parcel owner shall be entitled to use the irrigation
water conveyed to him for its decreed uses. Parcel owners shall have all
easements necessary for the use of irrigation water rights, and such additional
easements as are necessary for measuring devices and appurtenant structures.
Each parcel owner shall be entitled easements across any other parcel for the
purpose of supplying to its parcel its irrigation water, and for use, construction,
operation, maintenance and repair of ditches, measuring devices and appurtenant
structures.
Each parcel owner shall be responsible for its proportionate share of the
operation, repair, maintenance and replacement of the ditches, measuring devices
and associated structures, including the costs thereof, and the parcel owners shall
be tenants in common to the extent any ditch is used in common.
4. Roadways.
4.1 The access easements in the Subdivision shall be owned by each owner of the
parcels served by such easements, and each owner shall have a proportionate
interest in the easements that serve its property. However, each parcel owner
shall be the sole owner of any bridge and/or driveway that crosses and services
its parcels only.
4.2 Pedestrian, equestrian, emergency and utility access easements can be used for
pedestrians, equestrian uses, emergency uses and for utility access only by the
owners of Parcels 1, 2, 3 and 4.
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4.3 The owners of Parcels 1, 2, 3, and 4 shall pay all costs associated with the
maintenance, operation, repair and replacement of the access easements described
in 4.1 and 4.2, above, within the Subdivision. Expenses shall be paid by all
owners using the Subdivision access easements. Each owner, however, shall be
solely responsible for the maintenance, operation, repair and replacement of any
portion of the road or driveway which services its property only. All common
road expenses shall be paid according to each owner's proportionate interest in
the access easements, unless the owners agree otherwise in writing. All common
road expenses may be collected by the paying owner in accordance in Paragraph
6 herein.
5. Landscaped Easement.
5.1 The area designated as landscaped easement on the exemption plat shall be
maintained by the owners of Parcels 1, 2, 3 and 4. Such owners shall designate
a responsible parcel owner to accomplish all necessary landscaping and
maintenance of such easement. No owner shall interfere with, destroy or fail to
maintain the landscaping and irrigation of such area shall be accomplished from
either the irrigation water rights, the wells, or from new water rights from the
creek, and Parcel 1, 2, 3 and 4 owners shall share equally in the expenses
associated therewith.
6. Yearly Assessment. Commencing January 1, 1994, all owners of Parcels 1, 2, 3 and 4
who acquire the property from Declarant, shall pay a yearly assessment in the amount
of $200.00, payable on a quarterly basis, into a special fund for the sole purpose of
paying expenses associated with operation, maintenance, repair and replacement of the
landscaped easement, roads, and easements. Declarant shall have no obligation to pay
such assessments unless they either: a) rent the residence on a lot; or b) purchase/retain
a lot for their personal use. Such funds shall be held in an interest-bearing account set
up in the name of one parcel owner, to be designated by the parcel owners of Parcels 1,
2, 3 and 4. Payment of the common expenses, as set forth above, shall be made from
this fund by such designated parcel owner, only with the consent of a majority of all
parcel owners. An accounting of all payments shall be made to the other parcel owners
on a yearly basis. A majority of the parcel owners may agree to increase the annual
assessment amount to account for inflation or other increase in costs or expenses.
Collection of these annual assessments may be made in accordance with Paragraph 7 of
this Declaration.
7. Costs and Expenses. All common expenses and costs incurred for the operation, repair,
maintenance and replacement of each ditch, well, pump, common pipelines and
appurtenant facilities, road maintenance, and landscaped easement maintenance not paid
by the yearly assessment (roads and easements only) shall be paid by each owner within
30 days from the time they are presented for payment. In the event any owner fails to
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June 24, 1993
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• •
pay its share of costs and expenses, as established herein, interest on the unpaid amount
shall begin to accrue 30 days from the date such costs or expenses are presented for
payment at the rate of 18% per annum and interest. In the event an owner fails to pay
any sums due, with interest thereon, within six months of the date of presentment for
payment, the owner that has paid such costs and expenses shall be entitled to pursue a
judgment for collection of the amounts due, and any other remedies available at law or
in equity for breach of this Declaration, and shall be entitled reasonable attorneys' fees
for the same.
8. The Remainder Parcel. The remainder parcel shall not be limited or governed by these
Declaration of Covenants. It shall be serviced by an entirely separate roadways, wells,
and irrigation water. An easement to access the remainder parcel as set forth on the
Exemption Plat as the 20 -foot and 50 -foot easements. The Declarant hereby states that
they or their successors and assigns, may subdivide the remainder parcel into a maximum
of 35 lots. The easement accessing the remainder parcel may be used as the access to
and for such subdivision for vehicular, utilities and all other access. Any subsequent
owners of Parcels 1, 2, 3 and 4 shall take title to the Parcels subject to this right of the
Declarant to subdivide the remainder parcel, which subdivision may be proposed at any
time within 35 years from the date of this Declaration.
9. Covenants Run With Land. These covenants, conditions and restrictions shall run with
the parcels of land subject hereto, and shall be a burden and benefit upon those
properties.
10. Binding Effect. These covenants, conditions and restrictions shall inure to the benefit
of and be binding upon the owners, their heirs, devisees, executors, administrators,
assignees, transferees and successors in interest.
11. Termination of Covenants. These covenants, conditions and restrictions shall remain in
effect for a period of twenty-five (25) years and shall thereafter be automatically
extended for successive periods of ten (10) years unless a majority of the parcel owners
affirmatively vote to repeal, modify or amend these covenants; provided, however, that
no such revocation, amendment, or modification shall be effective until an instrument
signed by a majority of the owners is recorded with the office of the Clerk and Recorder
of Garfield County, Colorado, setting forth such action.
12. Construction. The language used in this Declaration and all parts thereof shall be
construed as a whole according to its plain meaning, and not strictly for or against any
party.
13. Provisions Severable. If any covenant, term, condition or provision contained in this
Declaration is held by a court of competent jurisdiction to be invalid, illegal, or
unenforceable in any respect, such covenant, term, condition or provision shall be
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June 24, 1993
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06/25/93 08:50 COLLATERAL FUNDING CORP. 3039457336
•
NO.093 D02
severed or modified to the extent necessary to make it enforceable, and the resulting
agreement shall remain in hull force and effect.
14
' Ald
d . This Decl#on may bo amended from tinny to dme by a majority of the
owners 0 1, 2, 3 and 4 in written form and executed In the same manner as this
Dealaradon. Such amendment shall be effective upon recording but Shall nOt effect the
rights of the Declarant,
IS, Contespig14. This Declaration may
albet all executed in which spacall cote oi original
oneocounterparts. retch
of which shall constitute an oris
same
document.
�, The terms of this Dwtaratlon, and the obligations, dutlu, reaponsibilittes
16.conveyance Of real pop Y
and benefits thereunder, shall survive cteding on any
described herein, and shall not merge with the deed or other conveyance documents.
114 WITNESS WHBRTIOP, Declarant has executed this instrument this 24th day of rune,
ted ZOO
1993.
By
My
STATE OF FLORIDA )
) as.
COUNTY OP
Acknowledged, subscribed, and sworn to before me this ,Sf'day of
1993, by Lester and Roslyn Colodny,
WITNESS my hand and °Moist oil,
My Commission expires: 4 ... -
loos SA, 1M!
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1999-08-25
S1d I OOSSd V eDNIOHI`1 SH3H1IOb991n9902. Lob L O t,
OFFICIAL SEAL
MARIA N, SMILEY
• My Comml:sion woes
f Sept. 29, 199D
Comm. No. CC 1A7498
09!21 PAGE = 01
SE:60 SZ -90-0661
2-16-93
411
DEPARTMENT OF EMERGENCY CIIV S193
EMS • FIRE • RESCUE EL: COUs 7Y
Mr. Mark Bean
Garfield County Planning Dept.
109 8th Street
Glenwood Springs, CO. 81601
Dear Mark,
This letter is in reference to Mr. Lester Colodny's property on
117 road in Glenwood Springs. It is my understanding that this
property is being divided into three lots. With this division, the
property will still be within the boundaries of the Glenwood
Springs Department of Emergency Services, and response will
continue as is. Be advised that if this property is defined as a
subdivision, or if more construction takes place, an approved water
supply for fire fighting may be required. Mr. Colodny has shown
interest in developing on site water storage by using an existing
foundation for a pool. At this time it is not one of our
requirements, but would be an improvement over what is existing.
If you have any questions, or need more information, please
give me a call.
incerely,
JacJones
Asst. Chief, G.S.D.E.S.
cc: file
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
P.O. Box 640
GARFIELD COUNTY •
COUNTY ATTORNEY'S OFFICE
109 8th Street Suite 300
Glenwood Springs, Colorado 81602-0640 Phone 945-9150
August 28, 1984
Mr. Lester Colodny
405 West Seventh Street
Glenwood Springs, Colorado 81601
RE: RAC Arabians, Inc./ Building Permits
Dear Mr. Colodny,
The purpose of this letter is to memorialize the recent
discussions which you have had with me, the County
Commissioners, and the county Department of Development in
regards to the issuance of building permits on the above
referenced property, which is located in sections 23 and 26 of
T.7 S., R.89 W. of the 6th P.M. The specific subject of our
discussion has been the meaning of the words "...customary
accessory uses including buildings for shelter or enclosure of
persons,...employed in any of the above uses," which language
appears in Section 3.02.01 of the Garfield County Zoning
Resolution of 1978, as amended. You have taken the position
that so long as the person is "employed" on the subject
property, you can build as many dwellings as you may want,
without the requirement of additional zoning and/or subdivision
approvals. On the other hand, I have indicated to you that I
believe this to be too expansive an interpretation, because of
a distinction between a "building for shelter or enclosure of
persons" and the word "dwelling," and a community standard
limitation on the words "customary accessory uses."
You have correctly pointed out that the type of activity which
you are engaging in is beneficial to the community, and that
your representations as to the necessity of employee housing
should not be questioned. The Board of County Commissioners
agrees with your position. It is concerned, however, that at
some time in the future, when the property may be in other
hands, that the employee housing may be available to the
general public. You have represented that the living units
will not be advertised for rent, nor will they be occupied by
persons not employed in your ranching operation. In the
issuance of the subject building permits, the Board is relying
upon these representations.
Without belaboring the point, I would like to take this
oppurtunity to indicate to you why this letter, and your
signature, is necessary. Your type of intensified ranching
activity has not been previously reviewed by the county, and
the scale of activities is such that, were it not for the
agricultural nature of the business, would require zoning and
subdivision review. The Board is committed to promoting
agricultural uses, and even when the application of the county
regulations appears questionable, is not desirous
•
Lester Colodny
PAGE TWO
August 28, 1984
of imposing them on you. Therefore, upon your signature
hereto, which provides the Board with some protection as to the
possibility of future zoning problems, the Board is pleased to
instruct the Building Official to issue the subject building
permits.
If you have any questions about this matter, please do not
hesitate to contact me. Please sign the copy of this letter,
and return it to the Building Official at the time up pick up
the subject buiilding permits.
Very truly yours,
arl G. Rhodes
Garfield County Attorney
cc: Board of County Commissioners
AGREED TO this d$ilG,, day of August, 984 by ester Co •_:_, y, on
behalf of RAC Arabians, Inc.