HomeMy WebLinkAbout1.0 Application\ .,
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUN~Y, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R .S . (1973) Section J0-28-101 (10) (a) -(d) as
amended, and the Subdivi sion Regulati ons of Garfield County, Colorado ,
adopted April 23, 1984 Section 2:20 .49, the undersigneJ_bL __ J __ CQLllH.AlL __
and NADRA B . COLOHAN respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 1 3 .5 acre tract of l and into TWO tracts of
approximately __ 6 ~!.:j_ ___ acres each, more or less, from the defi niti o~s of
"subdivision" and subdivided land" as the terms are used and defi n ed in
C.R.S. (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County
Subdivision Regulations for the reason s stated below:
h h h and best Us e for this property and to -----+-e-~~...z..e_t eig est _
h t" upgrading to the local vicinity. encourage an aest e ic·-----·-----
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SUBMITTAL REQUIREMENTS:
An application which satisfies the rev iew criteria must be submitted with
all the following information.
A.
B •
c.
D .
E.
F.
G.
IL
I.
J.
Sketch map at a minimum scale of 1"=200' showing the legal
description of th e propert y , dimension and area of all lots or
sep~rate interests to be created, access to a public
right-of-way, and any · proposed easer.ients for drainage,
irrigation, access or utilit ies;
Vicinity map at a minimum scale of l"-200 0' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, forwhich a copy of
U.S.G.S. quadrangle map may be used.
Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
Names and addres ses of o wner s of record of land imr.ieuiately
adjoining and within 200 feet of the proposed exemption , mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
Evidence of the soil types and characteristics of each type; and
Proof of legal and adequat e source of domestic water for each lot
created, method of sewage disposal, and l etter of approval of
fire protection plan from appropriate fire district; and
If connection to a communi ty or municipal water or sewer system
is proposed, a lett er from the governing boJy stating a
willingness to serve; and
Narrative explainin g why exemption is being requested; and
It shall be demonstr ated th at the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973.
A $100.00 fee must be submitted ~i?_ h /~h~~a plication .
tJ /) 't,r-['r; a.£4~/ 4. t!crt!f-~~ _\L_:_.i~COI.O HAN NA RA B . ClJLOHAN
Petuioner
P 0 B QL-2.0 5
Mailin'::I Adress
_ _GLE.filLQO.lL..~t RINGS CO 81602
City State
Te?~h3Ri~umber
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LOT 13
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LOT 21
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.MAP SHO\'J I t~G TRACTS OF LAND
situated In
LOTS 6 AND 14
T. 7 S., R. 89 W. OF THE 6th P .M.
GARFIELD COUNTY, COLORADO
SCALE: 1 Inch :: 200 f eet
12
LOT/5
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ROBERT D. SCARraw
Registered Land Surveyor
• J • • ENCLOSURE (1-B)
PROPOSED PARCEL SPLIT
6.6!Ac .
-
6.9-:!:° Ac.
Dimensions are approximate . Land will be s u rveyed and divided
by a regist ered Land Surveyor .
• • ENCLOSURE (4)
Names and a ddr esses of owners of record of land immediately
adjoining s ubj e ct property:
1 . James Rose
P .O. Box 1240
Glenwoo d Spri n gs CO 81601
Adjo in s to the east a nd to the west .
2 . Ernest C . Del to
1599 1 0 9 Road
Glenwoo d Springs CO 81601
Adjoins to th e north .
3 . August T . Zancanella
206 7t h Street
Glenwoo d Springs CO 81601
Adjoins to the so uth .
4. James Ro se , listed a bov e , is th e holder of the mineral
rights t o the property .
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-ENCLOSU~q, <(3) • •
108-Uracca, moist-Mergel complex, 6 to 12 percent slopes. This map
unit is on alluvial fans and valley sides. Elevation is 6 ,800 to 8 ,400
feet. The average annual precipitation is 16 to 19 inches, the average
annual air temperature is 40 to 43 degrees F, and the average frost-free
period is 75 to 95 days. The native veg e tation is mainly woody shrubs,
grasses, and forbs.
This unit is 50 percent Uracca soil and 40 percent Mergel soil. The
components of this unit are so intricate ly intermingled that it was not
practical to map them separately at the scale used. Included in this unit
are small areas of similar soil with thicker surfaces and less coarse
fragments. Included areas make up about 10 percent of the total acreage.
The Uracca, moist soil is deep and wel l drained. It formed in alluvium
derived dominantly from mixed igneous and metamorphic parent materials.
Typically, the surface is covered with 3 to 15 percent boulders, stones,
cobbles, and gravel. Typically, the surface layer is brown cobbly sandy
loam 3 inches thick. The upper 5 inches of the subsoil is cobbly sandy
loam. The lower 7 inches is very cobbly sandy clay loam. The substratum to
a depth of 60 inches or more is extremely cobbly loamy sand. Depth to
uniformly calcareous material ranges from 6 to 40 inches. Coarse fragment
content ranges from 35 to 85 percent by volume in a major part of the A and
B horizons.
Permeability of the Uracca, moist soil is moderately rapid. Available
water capacity is low. Effective rooting depth is 60 inches or more.
Runoff is medium, and the hazard of water erosion is slight.
• •
The Mergel soil is deep and well d ra ined . It f ormed i n glac i al
outwash. Typically, the surface is cov ered wi t h 3 t o 30 per c ent boulde r s ,
stones, cobbles, and gravel. Ty pic all y, th e surfa c e layer is grayish b r ow n
cobbly loam 8 inches thick. The upper 12 i nc hes o f the unde r lying mate ri a l
is very cobbly sandy loam. The low e r p a rt to a dep t h o f 60 i n c hes is
extremely stony sandy loam. Depth to u n ifo rmly c alcare o us material ra n ges
from 0 to 12 inches. Coarse fra g me nt c on t e nt ranges from 35 to 80 percent
by volume.
Permeability of the Mergel soil i s moderate . Avai l able wate r c apa c i t y
is low. Effective rooting depth is 60 inc hes o r more . Runoff is slow , a n d
the hazard of water erosion is sli g ht.
This unit is used mainly for p a stu re l and and rangeland . It is also
used for homesite development and limit ed r ock quarry operations . It i s a
I
( good source of gravel or crushe d r o ck, or b o th.
The potential plant community on t h is un i t is mainly Letterman
needlegrass, bluebunch wheatgrass, Ind i a n r i c egrass, Saskatoon service b e r ry ,
and antelope bitterbrush. Oth e r l e s s numer o us plants that characterize t his
site are western wheatgras s , moun tain b ig sagebrush , and scattered Gambel
oak. The average annual production of air-dry vegetation is about 1,200
pounds per acre. If the ran g e c o n d itio n d e t eriorates, mountain big
sagebrush, Kentucky blue g ras s , ch e at g r ass , and annual weeds in c rease .
The suitabili t y of this u nit f or r ange l and seeding i s low . The ma i n
limitations for seeding ar e s t o n es a n d boulders on the surface . Managemen t
practices s ui table for u se o n t his u nit are proper range use , deferred
grazing, rot a tion gr a z i ng , and aerial spraying for brush management . This
soil is limited for livestoc k wate ri ng ponds and other water impoundments
because of the seepage potenti a l.
• • 10 e--
If this unit is used for ha y and pasture, the main limitation is low
water holding capacity necessitating fr e quent irrigation . Use of nitrogen
and phosphorus fertiizer promot es good growth of fo r ag e plants. Proper
stocking rates, pasture rotation, and restricted grazing during wet periods
help to keep the pasture in g ood condition and to protect the soil from
erosion. Irrigation water can be applied by the corrugation, sprinkler, and
flooding methods. Use of pipe, ditch lining, or dro p structures in
irrigation ditches facilitates irrigation and reduces dith erosion.
If this unit is used for homesite development, the main limitations are
large stones and boulders, both on the surface and within the soil profile,
Population growth has result ed in increased construction of homes on this
unit. Preserving the existing plant cover during construction helps to
control erosion. Removal of pebbles and cobbles in disturbed areas is
needed for best results when landsc aping, particularly in areas used for
lawns. Effluent from septic tank absorption fields can surface in downslope
areas and thus create a hazard to health. If the density of housing is
moderate to high, community sewage systems are needed to prevent
contamination of water supplies as a result of seepage from onsite sewage
disposal systems. Areas in this unit adjacent to hillsides are occasionally
affected by runoff, which may also be accompanied by movement or rock
debris.
This map unit is in cap ab ility subclass VIe, irrigated, and VIe ,
nonirrigated. It is in Stony Loam range site.
• •
ENCLOSURE (6)
A well was drilled by Shelton Drillin g Company Junel-2,1989.
Water was initially found at 150 feet, an d by 200 foot depth,
th e quantity had increased to a constant flow of 22 gallons per
minute. The well was pumped for 45 minutes and that capacity
remained constant. The well is cased to 200 feet and the water
static level is 150 feet . The water is of excellent quality
and is being submitted for quality and mineral analysis .
Each lot will use the septic tank a nd leach field method of
sewage disposal in accordance with Garfield County health code .
A letter of approval of fire protection is being submit t ed under
separate cover by Fire Chief Ron Leach, Carbondale Fire Depart-
ment.
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. · E N CL OSURE (6) .
WRJ -5-Rev . 76 . C~ADO DIVISION OF WAT E R R ES OU.S
' . 818 C-nnial Bldg ., 131 3 Sh erm an St ., Den ver, Colo r a 020 3
-....:::-
R~1VED
r:: 1~8:-n-h ~" ~) ,_, lO/l · PERMIT APPLICAT IO N FO RM
Applicat i on must '1/ Jt_> "{:;
be co mplete wher "-0 t~'-) -:t ) A PE R M IT TO USE GROUND WATER
applicable . Type ~ '\\\.'\-' .C ~) <. ) A PERM I T TO CONSTRUCT A WELL
print in BLAC ,J · , .i "F8:R .: ... A PERM I T TO I NST A LL A PUMP
I NK . No ov erstrik .. , _,,.·-.·1':)'.\~ .. ,.. · t,.
or erasures ~ \··-·· ... ,).~\(;,> ,<>0 f>) R EPL ACEMENT FOR NO.----------.. r., .. ' t · ~n .... '' ~ init i ale~. c-.. • · ........ •IJ •'' )OTH E R (":'.> ' ,·:j'-. q) ----------------(~~> _ " .. ~1,~ WA TER COUR T CASE NQ, ______ _
JU N 2 7 i~88
FOR OFF I CE USE ONLY : DO NOT WRITE IN THIS COLUMN
. ·I " .
NAME_W~._J.......,_._&~N~a~d_r_a~B~·-C~o~l~o~h~k=n~------Receipt No .
STREET pa Ba;·gas .• "'111 Ba sin -------Di st.
: , :1. I :1 :;1 •
CITY · Glenwood ' Springs"· CO · I 8l60 2
· (Stato) JZ 1p ) COND I TIONS OF APP R OVA L
! .
TELEPHONENQ,_30_3_-_9_4_5_-_5 _07_2 _______ ~ "" This well sha ll be used in suc h a way a s t o cause
1 (2) LOCATION OF PROPOSED WELL
::: J. · . County __ G_a_r_f_i_· e_l_d_· ----'----·-; -------
no m a t er ia l injury to ex isting wate r r ig ht s . The
iss u a n ce of t h e perm it does not assu re t h e app lica n t
that no injury will occur to another vested wate r
rig h t or prec lude another owner of a vested wate r
rig ht from seeking reli e f in a civil co u r t ac t ion .
__ ~_r.E ___ v. of the_s_w ___ v., -Sect i on _1_2 ___ _
Twp. 7S ·_. _; Rng . 89W
·IN.SI •
(3) WATER USE AND WELL DATA
__....._6t._.b~ __ P .M.
Proposed maximum pumpi ng rate (gpm) --------
Average annual amount of ground wat er
to be appropriated (acre-fe et): _____ l_._O _____ _
Number of acres to be irrigat ed : -~N~o~n~e~-------
Proposed total depth (feet): ___ 1_2_5 _______ _
Aquifer ground water is to be obtained from:
River gravels.
Owner's well designation ___ C_o_l_o_ha_n_W_e_l_l ____ _
GROUND WATER TO BE USED FOR :
( i) HOUSEHOLD USE O NL Y -no irr igat io n (0)
( ) DOMESTIC (1) . ( ) INDU STRI A L (5 )
( ) LIVESTOCK (2) ( ) I R RIG A TI ON (6)
( ) COMMERCIAL (4) ( ) MUN I C I PA L (8)
)OTHER (9) _______________ _
DETA I L THE USE O N BA C K IN (11)
(4) DRILLER
Name_C_o_l_l_i_11_s_D_r_i_l_l_i_n~g_C_e_m~~-B_A~Y ______ _
Street _P_._o_._B_o_x_0_5 _1 _6 ___________ _
Gty rnrbon<lal e CO 8 1 623
(S lat e ) (Zip )
Telephon~ ~Jo .303 963-281 2 Lie . N o. ______ _
ISSTJJ\l'!CE OF THIS PETIMIT DOES NO T
--~QBEgn=~=TIE ~n~gQ =~6Tgn=n1gBT --
l) APPROVED PUf1SlJ!\NT TO CHS 37-92-60 2(3)(b )(TI )
(A) AS TllE ONLY \'/ELL ON A nESIDENTIAL SITE Or
13 . 51 ACHES DfSCRIIJED AS THAT PORTION OF LOTS E
AN D 14 OF SEC TION 12 , T7S, R89W OF THE 6TH
P.:-1 .,1., GAHFIELD COUNTY , flEING MORE PARTICUL.\RLY
DESCitiflED ON THE ATTACHED E XHIBIT "A".
2) Tlill USE OF Gf10UND WATER FROM THIS WELL TS
LIMITED TO OHDPIAHY HOUSEHOLD PURPOSES HfSEl E .\
SINGLE FAMILY DWELLING .vm T!IE WATERING OF T!JE
USER 'S NONCOtv!MERC IAL DOMESTIC ANIMALS. T HE
GROUND WATEn SHALL NOT IlE USED FOH IHRIG,\Tl:CN
OR OT!fEH PURPOSES.
3) Tiffi RETUflN FLOW FROM THE USE OF THIS WElL
MUST BE THnu AN INDIVIDUAL WASTE WATER DI SPO SAL
SYS TEM OF Tl!E NON-2VAPOl1ATIVE TYPE \vllERE ';'l!E
\'!'ATER IS RETURNED TO THE SAME STREAM SYST::'.:i<I IN
IVHICH THE \'/ELL IS LOC,\ TED . 7/J . n>. C.. -'30 . )",;'·
DIVISIOf\J COPY
APPL IC A TI ON APPROVED
... ..........
.:--~ :=: -~ I • I
PE RM IT N UM f3 ER ______ · _,_· _.L_• ,_· ·_...J_I ____ _
' DA TE ISSUED 'J_\._. __ \~) ~1._~\l~-~-~-----
EXP l RA T l ON DATE J~:l i') ~ \9~0 ---------------~ _Ll; f.,~~
~t'1sTATE E~J GINECR l
~7\ ~/)/? //
BY ,",
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1 -f<:.t.c.-J.-:-:
l.D . t:;-~ _-; ,? COUN T:_'--_.:=<~3~---
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• j j-.:.·. ·: _________________ ---""_
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(5) THE LOCATION OF THE PR SEO WELL and t he area on
. which .the wa ter w ill be u sed m ust b e in d ica t ed on th e d iagram below.
Use the CENTER SECTIO N (1 secti on , 64 0 acr es) for t he well location .
-t-._ +
!~
+ +
+-+-+ +-+-
·I
1 MILE ; 5280 FEET ---
+ ' +
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+ + +
+
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+
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(6) THE M US T BE LOCATED BELOW
by distan ces fr om sec ti o n li nes .
3~00 ft. fro m Nor:t b sec. line
(n o rth or south)
2750 ft . fr o m East' "' 'sec. line
(east o r west)
. I •. t"
LOT BLOCK Fl LING '•
.... t.f"' '· SUBD I VISION -1 -NORTH SECT ION LIN E -+ -+1-~~~~--~~~~~~~----
+
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~1-----1---...,,,...,---+-----t~ u w 0
CJ) I I 2 t:; J r
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+
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(7) TRACT ON WHICH WELL WILL 8E
LOCATED O w n e r: _C_o_l_o_h_a_n_1
_____ _
No. of acr e s 1 3 . 5 1 . Wi l l this be
the on ly w e ll on this tract? _ __;.Y_e_s ______ _
+~~~~~~~~~~~~~
(8) PROPOSED CASING PROGRAM
\ Pl a in Casing
+
I
__ 6 __ in . from __ O __ ft. to 100 ft.
ft . to
.. 1· I ' i :.1 ;<~--+-SO UTH SE CTIO N LINE
I ,--t
----in. from-----
P e rf o rated c a sing
ft.
,. i . ,, "i .
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I ___ 6 __ in. from _l_O_O __ ft. to i2s .~L ft.
' ft. to -t' ~·~ ~t. +
I
+ ____ in. from ___ _
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~~~~~~~~~~~~~~ + + -+
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+
·.+ i ~ + ~ \+ ~ + ,l j . . . '' .. +
(9) FOR REPLACEMENT WELLS give distance
;md dire c ti o n fr o n1 o ld we ll a nd plans for plugging
+--+ it:
. Th~ se ~I ~ of the .d i ~gr am is! 2 inche s = 1 mi le
Each small square repr esents 40 a c r e s .
WATER EQU IVALE NTS T AB LE (Roun ded Figures )
An acre -foot covers 1 acr e of land 1 fo ot d eep
1 cubic foot per secon d (cfs ) : .. 4 49 gal lo ns pe r m inu t e (gprn )
Not apµlic a ble.
Ir .. •: ! I ·A fam ily .of 5 will requ ir e appro x imat ely 1 ac re· foo t o f water per year.
.. 1 acre-foot ... 43,5 60 cu b ic feet ... 32 5 ,9 0 0 ga ll o ns.
. ; '1 J ~
I j, 3 i
•; 1 ,000 gpm pumped co n tinuou ,ly for one d ay pr o duces 4.42 acre-feet.
''.
·i (10) LAND ON WHICH GROUND WAT E R WI LL BE U S E D :
·Jq ~t:!·Owner(sl: W. J. & NADR A B., CO L OHA N I r~~ •• "J ~. . . • • . r . ,.. .. . . . ,;.)t1 ~· Legal descr iption: Attach ed " I ·
. !.
No . of acres : ---"l'-"3::..;.'-'5o:..l=-------
(11) DETAILED DESCRIPTION ot the u se o f g rou n d water: Househol d use and domestic wells rnust indicate type o f disposal
system to be used. Septi c a n d leac h system i n a ccordance with Garfi e ld Co 11nt y s t a ndards
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(13) THE APPLICANT(S) STATE(S) THAT T HE I NFORMATIOrJ SET
.. TRJE TO , Tii~ST .ci F. HIS KNOWLEDG E ..
,(<./ _,· u ---/"/ ~ ..
FORTH HEREON IS
U se addition al sh ee t s o f pap e r if m o r e snace is requir e d .
;
• •
ENCLOSURE (7)
This property offers a scenic view of Mount Sopris and the Roa r-
ing Fork Valley from Carbondale to the Hardwick Bridge . Two
lots of 2 acres per lot adjoin it to th e north. Adjoinin g prop -
erty to the sou~ is unimproved. Subject property has suffic -
ient water (22 GPM) of excellent quality from an existi n g well .
The owner would drill an additional well #f the state or the
county so requires for this exemption . There are several beaut-
ful building sites to ensure at least one for each of the two
lots. Each lot borders on County Road 109, and n ecessary util-
ities (natural gas, electric and t ele phon e ) are now available
on the property. It is felt that 6+ acre lots would encourage
an aesthetic upgradin g to the immedi a te vicinity, and in so
doing, would attain the highest and best u se for this parcel
of land.
• •
ENCLOSURE (8)
Subject property was pur chase d as one 13.5 acre parcel in
April 19 66 as described in the De ed , Enclosure (3 ).
• •
PUBLIC NOTICE
Take Notice that W. J. Colohan and Nadra B. Colohan have applied to the
Board of county commissioners, Garfield county, State of Colorado, to
grant a subdivision Exemption in connection with the followi ng described
property situated in the county of Garfield, State of Co l orado; tcr-wit:
Legal Description: See Exhibit A
Practica l Description (location with respect to highway , co unty roads and
residences): LOcated approximately four miles south of Glenwood Springs
off County Road 109
Said Exemption is to allow the Petitioner to divide a 13.5 acre tract into
two lots of approximately 6.75 acres each
on the above described property.
All persons affected by the proposed Exemption are invited to appear and
state their views, protests or objections. If you cannot appear
personally at such meeting, then you a re urged to state your views by
letter, particularly if you have objections to such Exemption request, as
the Board of Count y Commissioners will g i ve consideration to the comme nts
of surrounding property owners and others affected in deciding whether to
grant or deny the request for the Exem p tion. 'Ihis Exemption application
may be reviewed at the office of the Planning Department located at 109
8th Street, Suite 303, Garfield county courthouse, Glenwood Springs ,
Colorado between the hours of 8:00 A.M. and 5:00 P.M., r1Jnday through
Friday.
That public meeting on the application for the above Exemption has been
set for the 17th day of July, 1989, at the hour of 11:00 A.M., at t he
office of the Board of county commissioners, Garfield county courthouse,
Suite 301, 109 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield county
•
EXHIBIT A
I.B3AL DESCRIPI'ION
•
·A\;:tract':'of:;.lancU' sitilated · in Lots. ·6 . and 14 · o(' Sec:;tion U,,_ Township 7 South, Range .
S's:,:West!·ofi._the'; 6th "Ptincipal· Meridian,, lying. Westerly of 'the Easterly lines of
ii_-'" ;1'ti>ts'.,;!6: andtt·l4.·and·:·Northe_rly. of . a :.southerlY.:'.line of said Lot 14,, described
~~#:P:~~~.&'.~~r<Y ~;.:~.-'.." _ _!: j.\i;_. · ,-.,_ ·-<-> .. _:. ~<·_ .. ;:\.-:fr· ... ·.'. ·._.: · · ··. · · · .
~~~-;-~~~ing{~a'f:f:a ::~!lin.~;.f'.>n:· thei;W~sterly:.:·~·0£-,a;County ·Road whence an iron
;'/;·;~ 'po;~t: ~it;h;·_:a:~:.~ras:S>. ~ap;;properly · marked:., for: the· Nort.h Quarter Corner of said
::~;F;S'ecti'.P.~~J:Z:beara ·N~f, .. ;01°4S.'44"; 'E ... ~ . .-24()0.82 ~ee.t;,~ ·. . · .
-~{, ·,. !,~ thencEi~N ::.:; 80~47."55'~:; E ~ 85-• .31 .'.feeci to a '. point on" the-Easterly-line
Yit"~)of~;sai.d:::.r.oe;;6 .:whence . the ' abov~mentioned : North Quarter Comer of {~:f}i1\{Fs~1d::~sectioU:i•iz.b~ars ·.N~ ,00°J.2." w' •. · 2446~oJ ··feet;; :~
/~'.J.>~t<'tli'enc:e.· s:_;, 00:0 tz.•;:. E"l~ a11::d9t··feer;,~along th~. Easterly lines -of said
\it~~;.~;; Lot·g;~ 6 :ai1cL i4u:o.~:-the'-Soutlieast ~Corner · 0£ 'said , tot, 14;
''-:';Y~i;?_thence .:-N'.,,, a9.0 :SQ''22!"'.W;' 89Zt.84 f~et: along:: the. Northerly line of
;:/.;/.;tot -2.L 1.ll;\.said'.·~SectioD:' lZ: to;» the--Northwesrocorner of said Lot 21; ~~:J~;;,;:(~henc~~~N~;\l7°29~11'' .&:~·740;.69~feet;~; . .:, , . . .. ,· ·
,;£:;;·: thencei?N~-:80°47~55": E :":-590.82" feet:· to tbet point .~£ b~g~nni~g.
C-olitaining ;_ 13~5;1.: acres" more.=, or · l~s •. , . '
•.. 1: .' • • ·._._ :. ,•• ;.' .· . .: , ,'. ~ ~-, . ·: 1
, ·•• ' ::: • :. • • ., ·.:,_." • • •, • •. • .. • •• • ' i -. : I
'~C/U~ • • ?;J.,. ~
I" .
Route DI ~~ ~ B ard of Co unty Commissioners
D Arnold
(;.,, if Garfield Co unty Co urthouse
Suite J0 1, 109 8th Street
Gle nwood Springs , CO 8 160 1
COU N1 , . . . '.\
o Buckey
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J uly 5 , 19 89
REF: Sul:Xli vi sion exempt ion reQuest by W.J . Colohan and Nadre B. Colohan .
I belie ve it was in 1970 t h at the State of Colorado passed regulat i ons
concerning the sutd i v i d ing of prope rties into parcels sma ll8r than
thirty f ive acres.
As I understand the regulations, they were inte nd ed to protect the buyer
from purchasing property with inade Qu ate or poorly designed utility
sys tems and adve rse na tural conditions that create unreasonable burdens
for the buyer or t h e immediate environm ent .
I have first hand knowledge that reliable water systems a nd road main-
tenance are not available at the residential s ites bord ering the
subject property . Ha s any thought been g iven to how t h e future owners
will provide their fam ilies with water? How wi ll the county provi de
for increased traffic dema nds on a road i nadaQuately maintained at
present?
Acco rding to t h e Uni ted States Supreme Co urt in a i 954 ruling concerning
Be rm a n v s . Par ker , "Th e conc e pt of the public welfare i s broad and
inclusive . The va lue s it r e prese nts are spiritua l as well as physical ,
aesthetic as well as mone t a r y . It i s within the pow er of the legislature
to determine that the community should be beautiful as well as h ealthy ,
spacious as well as clean , well-balanced as well as c arefully patrolled ."
ERNES T c DELTO ARCHITECT
·I
1 599 ROAD 109 GLENWOOD SPRINGS . CO LO RADO 81601 [303) 945-8921
• •
If the supreme court has ruled that aesthetics are within legislative
jurisdiction , then surely so are the necessities of life .
Garfield County appears to be unconcerned with the broader concept of
public welfare. A lack of concern demonstrated by a failure to enforce
state and local regulations governing construction and property devel-
opment. How else do we explain residential properties without water
systems and agriculturally zoned properties used as car lots, ware -
houses and gravel pit operations?
The county has broad responsibilities to the residents . In addition
to adding to the tax roll , it is responsible for providing for appro-
priate services and protecting a quality of life to its current and
future residents .
Ernest C. Delta , architect
ROY ROME R
Go ve rn or
Glenn Hartmann
• •
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
July 25, 1989
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Sprin9s : CO 81601
Dear Mr. Hartmann:
Re : Colohan Exemption
Sec . 12 , T7S, R89W
JERIS A . DANIELSON
State Engineer
We have reviewed
into two tracts of 6 .75
the 6.75-acre tracts
additional well for the
the above refere nced proposal
acres each. The pr oposed s ource
is Well Permit No . 151587 .
other 6.75 acres .
to separate 13.5 acres
of water for one of
The applicants seek an
Permit number 151587 was issued pur suant to C.R.S. 1973, 37-92 -602
(3)(b)(II), as the only well on 13 .5 acres. The conditions of approval
restrict this well to serving one single-family dwelling.
From the information submitted, it ap pears that this 13.5 acre tract has
been in existence since prior to 1972 and there have been no parcels split
from it . We recommend that the county app r ove this sp l it conditionally upon
the application obtaining a new permit f or the existing well as the only well
on a 6.75 acre tract. Once the county app r oves the spl i t we will issue a new
permit for the existing well upon app l ication . A well permit will also be
available on the other 6.75 acre tract. We consider this to be a one -ti me
exemption and thus, we would be opposed to any future separations of either
6.75 acre tracts.
Use of these wells for lawn and garde n would be prohibited. If these
limitations are acceptable to the appl i cant, we can recommend approval . We
ask for a plat note or covenant to reflect the limitation on the use of the
wells.
HDS/JCM:ble/38201
cc : Steve Lautenschlager
Sincerely,
/tn.J.~
Hal D. Simpson, P.E.
Dep uty State Engineer
•
January 30, 1990
Glenn Hartmann
Dept. of Building Sanitation & Planning
109 8th Street
Glenwood Springs CO 81601
Dear Glenn:
•
This is in reference to my letter t o y ou date Nov. 27, 1990:
The two lots on the 13.51 acres have been surveyed and mapped
in accordance with our Petition for Exemption which was heard
on July 17, 1989 by the Board of County Commissioners.
I have been informed that Ken Wilson of Schmueser Gordon Meyer
will deliver the map to your office, probably done by the time
you receive this letter.
Thank you very much for your assistance in this matter.
Sincerely,
··-~]~l-1./
W. J;. Colohan
15393 Via La Gitana
Carmel Valley CA 93924
Tele: 408-659-4026
•
November 27, 1989
Glenn Hartmann
Dept. of Buildin g Sanitation & Pla n ning
109 8th Street
Glenwood Springs CO 81601
Dea r Gle nn:
•
This is in reference to my Petitio n for Exemption on 13.51 acres
that was heard on July 17, 1989:
Don Sillivan called me today and s a id that I needed an extension
in order for me to have the surve y to split this parcel in two
parcels as requested by my petitio n .
It is requested that I be granted a four month extension on my
completion of this project.
I ordered that a survey be done, the work was to be started about
three months ago. The survey work has been completed, but the
actual mapping of the new survey h a s not been yet received. The
survey is being done by Schmueser Gordon Meyer with Ken Wilson
in charge of the work. The new map will be submitted to your
office just as soon as I receive.
Please contact me if there is anythin g else that must be done
in the interim.
Thank you very much for your assistance in this matter.
?i.~ly,
(. I I~
W. . Colohan
15393 Via La Gitana
Carmel Valley CA 93924
Tele: 408-659-4026
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Officers West Divide Water Conservancy District
President (303) 625-1235
Carl H. Bernklau POST OFFICE BOX 1478
RIFLE, COLORADO 81650-1478 7880 309 Road
Rifle, Colorado 81650
Vice President
Harold Shaeffer
5957 319 Road
Rifle, Colorado 81650
Sec. Treas.
Nora Ruth Bernklau
7880 309 Road
Rifle, Colorado 81650
Attorney
Russell George
P.O . Box 907
Rifle , Colorado 81650
Mr. W. J. C.Olohan
Post Office Box 905
Glenwood Springs , Colorado 81ED1
Dear Bill;
July 20 , 1989
Enclosed please find copy of your contract with the West Divide
Water Conservancy District for two acre f eet of augrrentation/exchange water.
Your receipt is enclosed.
Copies of your contract are being sul:mitted t._1 the State ~part:rrent
of Water Resource3; Division Ntnnber 5 Water Resources; The Colorado .River
Water Conservation District; Garfield County Planning ~partirent and have
been sul:xnitted to WesL l~vide Attorney and Engineer.
Mr. Bell, Division #5 Engineer , ad:s that we remind all contract
holders to be certain to send in their beneficial use and canpletion r~ports
as follow up of their well pennits, saretirres the well driller does not get
the paper work done and the pennit holder is responsible for these reports.
Enc.
c/c
Since:·el y,
~'~~~~
Nora Ruth Bemk}au
Water Contact Person, W.D.W.C.D.
State ~partment of Water Resources
Di visi on #5 >vater Resources
Colorado River Water Conservation District
~parbnent of Planning ., Garfield ;:-O unty
Board of Directors
Carl H. Bernklau
7880 309 Road
Rifle, Colorado 81650
Leonard Christensen
10879 311 Road
Silt, Colorado 81652
Gregory Durrett
926 Blake Avenue
Glenwood Spgs.,CO 81601
Harold Shaeffer
5957 319 Road
Rifle, Colorado 81650
John Martin
13112 Highway 82
Carbondale, CO 81623
.----------------·-· • •
APPLICATION FOR PURCHASE OF WATERS FROM
1~--------T HE WEST DIVIDE WATER CONSERVANCY DISTRICT For office use only
..,A, APPLICANT
NAME NA j) t'b1 . (!'J._ Le :
"' B,
ADDRESS r C> · t · C G c t .. v 0 u b <;;11 flt~ t -s· 'g t ~ o /
TEL. No. 1c 3 1 ftt<-<<:! z ·,,__.-
AGENT OR REPRESENTATJVE Ay5l-Lf-oa \D1..-v..f SrLL-1,/11N
Cl'f $-~ ? ~ '--Y
WATER RIGHT TO BE AUGMENTED j I
NAME OF RIGHT L-OL c /.HI.-~ LJ ~[...{.,-
LOCATION OF DIVERSION POINT $. g_. ~ i?.N £.:L cF Ll;) I Y'. 1
<:£6~ ,J s w , (-J 1 .s . ·. /(A~ <1 i. 'Y 1 w er-<rn t-b '11A ~ e ~
, . .l'\<7....~ ; f.. 1-:) Cc t-'·"-''fy b-c'.-tlrt..~JJ) <: •
., C. INTENDED USE OF AUGMENTED WATER RIGHT
LOCATION OF AREA OF USE /'J . S:t\W L i A.D if<;.1,th . ..Jt-~ L..fi._u._
A r1. ~ ·-..
NO . OF DWELLING UNITS
PROPOSED POTABLE WATER SYSTEM
PROPOS£D WASTE-WATE'R lREATMfNT SYSTEM <f Pvt c.. <TANI( L 'VIC-M
f ! ~ ~t> S '1 s.;-~ ... 1-4 <h1 .4 c~ ~4.,.. c.J r rN CA fZ.F' 4b
C -t v rJ Y1 /2_ ~ \'.f J ~~Y « .. ~/ rr .
PROJECTED MO~fHLY VOLUME OF AUGMENTATION WATER NEEDED :
JAN -.z....~~EB"l,...~cccrMAR-i,.:{C~('APR 9-0QQ~AY '/Ctotif
JUN qtYc)r:, ~L ~Od ~;-UG t,...)b! (~SEPT 'Z-:Scll:' (?&1 z..so~ C'JZ-
NOV-z,._<l.X:., ~EC t~C() ("{~NUAL lOTAL '[' 00~ Cr .-
MAXIMUM JJNSTANTANCOUS DEMAND ( O $. CFS
' D. OTHER REMARKS :
• •
Application to West Divide
Water Conservancy District for
Water Allotment Contract
(Pursuant to C.R.S . 1973, 37-45-131)
Name of Applicant: LJ'.(J. CocoNA,:1>/ APJ> /t/.AD.1:1 f3J~u,ff:11 _J
Quantity of water in acre __,-( ) · ~
feet applied for herein:, I w 0 ,_ A CSLL r£.(c::r---
For office use or
Applicant, named above and hereinafter referred to as
n applicant II hereby applies to the West Divide Water Conservancy
District, a political subdivision of the State of Colorado,
organized pursuant to and exis t ing by virtue of C.R.S. 1973,
37-45-101, et ~' (hereinafter referred to as the "District")
for an allotment contract to beneficially and perpetually use
water or water rights owned, leased, or hereafter acquired by the
District. By execution of this application, Applicant hereby
agrees to the following terms and conditions:
1. Water Rights: Applicant shall own water rights at
the point of diver~ion herein, which will be supplemented by
waters leased herein.
2. Quantity: Water i n the quantity applied for by the
applicant in the amount set fo r th above shall be diverted at
Applicant's point of diversion from the District's direct flow
water rights and, when water is unavailable for diversion pursuant
to administration by the Colorado State Engineer during periods
when the beforementioned direct flow water right is not in
priority, the District shall release for the use of applicant up
to said quantity in acre-feet per year of storage water for the
Applicant owned or controlled by the District. It is understood
that any quantity allotted from direct flow, storage or otherwise,
to the Applicant by the District pursuant to its direct flow water
right will be limited by the priority of the District's decrees,
and that any guanti ty allotted will only be provided so long as .
the Applicant fully complies with all of the terms and conditions
of this contract. The District and 'the Applicant recognize that
the District's decrees are in the name of the Colorado River Water
Conservation District, and the ability of the District to allot a
comparable direct flow decree to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. In
the event such consent is : not forthcoming when the water .is needed
by the Applicant, the Applicant shall be responsible for obtaining
other comparable direct fl~w water rights, and, in such event, the
District shall release up to the above mentioned acre-feet per
. year of storage water for the Applicint owned or ~controlled by the
District during times when said water right is not in priority.
At such time as the District does acquire the ability to allot its
direct flow rights as herein provided, such allotment shall be
-1 -
• •
made to the Applicant, and upon ob t aining by the Applicant of a
decree for change in point of divers i on for said direct .flow right
to this point of diversion, the District's obligation to deliver
storage water as herein provided sh a ll be reduced to accordingly.
In either event, if at ·any time the Applicant determines it
requires less water than those amounts herein provided, it may so
notify the District in writing, and the amount of water allotted
under this contract shall be reduced in accordance with such
notice. Rates shall be adjusted accordingly in following water
years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: Municipal, domestic and
related uses or irrigation and co mmercial (except .Ruedi water
which is not available for i rrigation and commercial).
Applicant's beneficial use of any and all water allotted shall be
within or through facilities or upon land owned, lease, operated,
or under Applicant's control. Such facilities or lands serviced
will be located entirely within the boundaries of the District.
4. Decrees and Deliver: Exchange releases made by the
District out of storage from Ruedi Reservoir or other works and
facilities of the District or from o ther sources available to the
District shall be delivered to the Applicant at the outlet works
of said storage facilities and release of water at such outlets
shall constitute performance of t h e District's total delivery
obligation. Delivery of water by the District from Ruedi
Reservoir shall be subject to the District's lease contract with
the United States Bureau of Reclamation. Releases from other
facilities available to District s h all be subject to the laws,
rules and regulations governing rel e ases therefrom. Furthermore,
the District hereby expressly rese r ves the right to store water
and to make exchange releases from structures that may be built or
controlled by the District in the future, so long as the water
service to the Applicant is not i mpaired by said action. Any
quantity of Applicant's allpcation not delivered to or used by
Applicant by the end of each water year (October 1) shall revert
to the water supplies of the District. Such reversion shall not
entitle applicant to any refund of payment made for such water.
5. Alternate Point of Diversion: Requests for
alternate points of diversion of the District's water r i ghts or
storage water may be required in order to provide Applicant the
water service contemplated hereunder. The District reserves the
exclusive right to review and approv e any conditions which may be
attached to judicial approval of said alternate point of diversion
as contemplated or necessary to serve Applicant's facilities or
lands. Applicant acknowledges and a grees that it shall be solely
responsible for the procedures and legal and engineering costs
necessary for any changes in water r ights contemplated herein and
further agrees to indemnify the Dis t rict from any costs or losses
related thereto. Applicant is solely responsible for providing
-2-
• •
works and facilities necessary to obtain/divert the waters at said
alternate point of diversion and deliver them to Applicant's
intended beneficial use. Irrespective of the amount for water
actually transferred to the Applicant's point of diversion, the
Applicant shall make annual payments to the District . based upon
the amount of water allotted unde r this agreement.
6. Annual Payment: Annual payment for the water
service described herein shall be determined annually by the Board
of Directors of the District at a per acre-foot rate. The initial
annual payment shall be made, in · full, within thirty ( 30) days
after the date of notice to the Applicant that the initial payment
is due. Said notice will advise · the Applicant, among other
things, of the water delivery year to which . the intitial payment
shall apply and the price whic h is applicable to that year.
Annual payments for each year thereafter shall be due and payable
by the Applicant on or before each January 1. If an annual
payment is not made by the due d a te, written. notice thereof will
be sent by the District to the Applicant at such address as may be
designated by the Applicant in wr i ting. (If no address has been so
designated in writing, then s a id notice shall be sent to
applicant's address set forth herein.) All parties within the
District allotted water pursuant to the powers of the District
shall be treated uniformly for all parties with similar uses.
Water use for any part of a water year shall require payment for
the entire water year.
If payment is not made within ten ( 10) days after the
date of said written notice, Applicant shall at District's sole
option have no further right, title or interest under this
contract without further notice; and the allotment of water, as
herein made, may be transferred, l eased, or otherwise disposed of
at the discretion of the Board of Directors of the District.
In the event water deliveries hereunder are made in
cooperation with some other person, corporation, quasi-municipal
entity, or governmental entity , said person, corporation,
quasi-municipal entity or governmental entity is hereby authorized
to curtail water service to Applicant without liability to the
District, or said other person or entity, in any respect at the
sole option and request of the District. Said service may
continue to be terminated as long as payments contemplated
hereunder, together with all past due payments, are in arrears.
7. Security: As security to the District, the
foregoing covenant of annual payments in advance of water .delivery
will be .fully met by annual budget and appropriation of funds from
such sources of revenues as may be legally availab~e to the
Applicant. As additional security to the District, the Applicant
~ill hold harmless any person, corporation, quasi-governmental
entity, or other governmental entity, for discontinuance in
service due to the failure of t he Applicant to maintain the
payments herein contemplated on a current basis.
-3-
• •
8. Assi~nment: This agreement shall inure to the
benefit of the heirs, successors and assigns of the parties
hereto.
9. Other Rules: Applicant shall be bound by the
provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of said District; and
all amendments thereof and supplements thereto.
10. Operation and Maintenance Agreement: Applicant
shall enter into an "Operation and Maintenance Agreement" with
the District under terms and conditions determined by the Board of
Directors of the District if and when the Board of said District
determines in its sole discretion that such an agreement is
required by reason of additional or special services requested by
the Applicant and provided by the District or by reason of the
delivery or use of water b~ the Applicant for more than one of the
classes of service which are defined in the rules and regulations
of the Board of Directors of the District. Said agreement may
contain, but shall not be limited to, a provision within the terms
of standard allotment contracts of the District; additional annual
monetary consideration for extension of District delivery services
and for additional administration, operation and maintenance
costs; or for other costs to the District which may arise through
services made available to the Applicant.
11. Change of Use: The District reserves the exclusive
right to review, reapprove or disapprove any proposed change in
use of the water allotted hereunder to the extent such change in
use and/or change in land use would require approval of local or
state governmental authorities pursuant to land use laws now or
hereafter in existence.
12. Use and Place of Use: Applicant agrees to use the
water in the manner and on the property described in Exhibit A
attached hereto or in any operation and maintenance agreement
provided by Applicant. Any use other than as set forth thereon dr
any lease or sale of the water or water rights herein shall be
deemed to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing
herein shall be interpreted to give the Applicant any equitable dr
legal fee title interest in or to any water or water rights
ref erred to herein.
14. Conservation: Applicant shall use commonly
accepted conservation practices with respect to the water and
water rights herein and hereby agrees to be bound by any
conservation plan~ adopted hereafter by the District for use of
District owned or controlled water or water rights.
-4-
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15. Residential Restrictions: Applicant shall restrict
lawn and garden uses to a maximum_of six_thousand square feet per
household served with water obtained from the District.
APPLICANT:
,,, By . µO:: &-t2!! .
·-.APPLICANT fr}DRESS: f._~o_. __ B-"c:, ...... x ___ l_o?_
{-L.'"(.·v·ev· tc!> ~flli .<.1(S l~ ~ff (i ,..,_/'
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
day
The foregQing instrument was
of ~<?<£ , 19 8 9,
~ -
Witness my hand and official
acknowledged before me this
by
seal.
My commission expires:~~/<_c:>_-__ ..5'_--::;..~~9 __________ _
~a:~
Notary -Public
~~C> ~.V('.'.)r ,,Pm/c .t:?r.,
Address S~·/~ a. F/t~..S ,;i_
ORDER ON APPLiCATION
After a hearing by the Board of Directors of .the West
Divide Conservancy District on .the above application, it is hereby
ORDERED that said application be granted and this contract shall
be and is accep t ed by the District.
WEST DIVIDE CONSERVANCY _
DISTRICT /} tic. ~ BY -L A1f _.V1a a ~1 Presiderlt
7
19 rP
This agreement is subject to the terms and conditions of
.all exhibits attached hereto, Exhibit A of which shall be the
District's form entitled "Application for Purchase of Waters -from
the West Divide Water Conservancy District• fully completed by
applicant and approved by the Dist r ict's Engineer.
-s-
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LOT 13
ss.s1
12
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·-·-----· -.------·--· -·-·-·-----'----'!!--
·... MAP SHOW ING .TRACTS OF LAND .
situated In
LOTS 6 AND l4
T. 7 S., R, 89 W. OF THE 6th P.M.
GARFIELD COUNTY , COLORADO
SCALE: 1 Inch = 200 feet
.,
·;
ROBERT D. SCARrO\~
Regl~tered Land Surveyor . . .
,_.
. .. -... . .. . .. ... ·-··· .. . . .. ·,.....:;;;.;···· ........ ;.;,.;.;· ··..-···~·-·-.;;·· ··;,;.;.···..:.;;;.···.,;..·· .;,,.;.;....; ______ _..._..."'°"'"
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• WATER
WEST DIVIDE
CONSERv!cv DISTRICT
PLAN OF AUGMENTATION
LOCATION MAP
FIGURE 1
DECEMBER, 1986
REVISED FEBRUARY, 1988
REVISED SEPTEMBER, 1988
CONSUL TING ENGINEERS/L AND SURVEYORS
1 1~0 Hwy 6' .li O G r 11 nd Ju11cr1011 C'O ll f50~ • JO J l14 1 ·5101
·. ·~\,
0 !ti!
0 . ~
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