HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY, COLORADO
PPETITION FOR EXEMPTION
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Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and
the .Sul)diVision Regulations of Garfield County, Colorado, adopted January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned
9
respectfully petitioners the
Board of County Commissioners
of Garfield Courjty, Colorado, to exempt by resolu-
tion the division of
LJ acre tract of land into
,c9-/
acres each, more or less, from the difinitions of
tracts of
approximately
"subdivision" and "subdivided land" as the terms are used and defined in C.R.S.
(1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
/a
In support of this petition, the petitioner also submits the following:
A. Map drawn to scale showing proposed lot subdivision
and access.
B. Copy of deed
C. Vicinity map
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D. Statement on source of domestic water Daws4-,.e ' !,/�j�
E. Statement on method of sewage disposal ' n1,\AAtP,
F.
100 year floodplain information where Ce 4. ;too4 'rn
live stream crosses or adjoins said tract
G. Evidence of the soil types J.
rox
H. Copy of Assessor's map showing the property Q e^bQl'
I. Practical description of property location 4{NdY SA.
J. Fee in the amount of $ '4,/00
K. $200.00 fee for each new lot created day of r�
Submitted at Glenwood Springs, Colorado, this
--e,c./ Cu L c
Peti ti over
on So S;(1,4
Mailing Address
o,
19 '3/
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(fas�a�r
Telephone Number
October 28, 1981
Garfield County Commissioners
P.O. Box 640
Glenwood Springs, Colorado 81602
Gentlemen:
The City of Carbondale received a letter dated August 19,
1981 from Mr. Paul Krause concerning a parcel of land he wishes
to dedicate to our municipality. The land in question is
composed of approximately 10 acres which includes 1,000 feet of
river front property along the Roaring Fork River. (Please refer
to Attachment A.) Mr. Krause's objective in donating this land
would be to maintain it in its present natural state; with this
objective we are in complete accord. In conclusion, should Mr.
Krause be able to split his property we would welcome this
generous and farsighted contribution to be appreciated by the
public.
Thank you for your consideration of this matter.
Sincerely yours,
LAX 67.
RAF/jj
attach:
76 So. lad
Richard A. Flewellinq
City Manager
MY.{ ,--
\p -v, cotkO e1exx Ger0, uk4 0, (-0#
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cAcr
.2733
Augu&.t 18, 1981
Pe.teA Craven
Box 1105
GFenw.bOd Spn,ing3 , CO 81602
Vean Pe-er:
My wJ e. and I wound tike to maize a gi5t -to the town o% Ca&bondafe oti a
pancef o, £and to be us ed az a pubfi.c paiFz .
The properly J.nvoPved .z that porion o5 £and dezan.i.bed on the eneto-ed
bunvey map which nunz prom the center 06 the main channe.2 06 the RoaAing
Fork River, .oath. The .hand /non-ta the ' i.ven. 60r apphoxi.ma-ety 1000 beet
and pr0babfy encompazze3 about one haU o-6 the twenty-6oun-p&us acre -s
shown. It con4.ists oI £eve.e ground with many zmaEt and Lange channetz
running .through tt, ptuz zevenaL targe -iz€andd which ane covered with
treeb nang.ing tirom cottonwood to huge, otd spruce.
We have been advJ ed to maize the gilit e 6ect- ve January 1, 1982. Atso,
i6 the gi6t iz accepted, a more detailed ana-Py.- s o.6 the property and
more complete zuAvey wou.Pd be needed.
PFeaze tet me know -6 our pnopoza2 iz 06 .intenezt to the community. We
are evpecJatty anxious that the £and be kept az ci'oae to itz natuna2
tate ass po66-.bte .
S.i.ncereJy, ,
Paue R. Knaus ch
Bnctozune: Survey map
7:: S, a w GE 7-4vz--- 678 f?
S 895/'3O"E C O L
0.50'
L O T 9
(Sec. 27)
2°
N
STATE y/GI/MAY NO. 82
588°56'00'E N89° S4" 30"E — 597. 50'
40.2./O'
LOT /3
CSec. 27>_
24.27 AC.
NOTE:
This map prepared from,Document No. 236639 and
descriptions from Colorado State Highway Project
No. S 0082(3).
h'EST /000.00'
GARFIELD COUNTY
COLORADO
E. %4 Corner
Sec. 27
0
SCALE //NCH = 20O FEET
A parcel of land situated in Lots 9 and 13 of Section 27, Township
7 South, Range 83 West of the Sixth Principal Meridian, lying Southerly
of the Southerly right-of-way line of Colorado State Highway No..82,
said parcel of land is described as follows:
Beginning at a point on the Southerly right-of-way line of said highway
whence the East Quarter Corner of said Section 27 bears: N.7_400'30"
E. 2346.10 feet; thence S.8945I'30" E. 0.50 feet along the Southerly right-
of-way line of said highway; thence S.88°56'00" E. 402.10 feet along the
Southerly right-of-way line of said highway; thence N.89454'30" E. 597.50
feet along the Southerly right-of-way line of said highway; thence South
1056.30 feet; thence West 1,000.00 feet; thence North 1362.83 feet, more
or less, to a point on the Southerly right-of-way Zine of said highway,
the point of beginning
The above described parcel of land contains 24.27 acres, more or less.
December II, 1974
SCARROW AND WALKER, I NC.
P.O. BOX 460
GLENWOOD SPRINGS, COLORADO
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•
FOR SALE. BY ll. S. Gro1 oGICAL SURVEY, DI NVt..it, CI)1 (N9AI,11 t•.,, •• / T'
•
kook hIIG ,tic?
Page c,(14 Recorded at.
59022
Reception No
o'clock_ M.,
Ella Stephens
July 3, 1973
Recorder.
THIS DEED, Made this 10th day of May ,19 73
between
MARY A. BUNJER aka MARY BUNJER
STATE DOCUMENTARY FEE
J U L `.1
Californi, S
of the County of and State of`"odbeail,
of the first part, and
PAUL R. KRAUSCH and RACHEL P. KRAUSCH, AS JOINT
tenants with right of survivorship Minnesota
of the County of and State of zto, of the second part:
WITNESSETH, That the said partY of the first part, for and in consideration of the sum of Te n
Dollars and other good and valuable considerations RX4PM,
to the said part y of the first part in hand paid by the said part ieS of the second part, the receipt whereof is
hereby confessed and acknowledged, haS granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the said parties of the second part, their
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, to -wit:
A tract of land situated in Lots 9 and 13, Section 27, Township
7 South, Range 88 West of the Sixth Principal Meridian described
as follows:
Beginning at a point on the South line of State Highway No. 82
whence the East 4 corner of said Section 27 bears N.63°17' E.
1379.00 feet; thence South 1176.00 feet; thence West 1000.00 feet;
thence North 1164.40 feet to a point on the South line of said
State Highway No. 82; thence North 89°20' East 1000.10 feet
along the South line of said State Highway No. 82 to the point
of beginning, EXCEPT a tract of land containing 2.518 acres,
more or less, out of Lot 9 as described in Book 445 at page 505
of the Garfield County, Colorado, records
Together with all improvements thereon and together with all
ditch and water rights used upon or in connection therewith
including, but without limitation, a proportionate interest
in the Kelso Ditch and the water rights adjudicated thereto.
TOGETHER with all and singular the hereditamenta and appurtenances thereto 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 y of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 463. WARRANTY DEED—For Photographic Record. —Bradford Publiehing Co., 1824-46 Stout Street, Denver, Colorado -6-70
•
fok 446
Page 545
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parti e S of /besecond part, t he irheirs and assigns forever. 'And the said party of the first part,
for her sel f , /heirs, execute: , and administrators, do es covenant, grant, bargain and agree to and with
the said part ie Sof the second part, the i Theirs and assigns, that at the time of the ensealing and delivery of
these presents she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and baS good 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 following easements: easement containing
0.688 acres, more or less, for the purpose of a road approach and
covered pipeline recorded in Book 445 at page 507 ; easement con-
taining 0.043 acres, more or less, for the purpose of drainage
recorded in Book 445 at page 507 ; and an easement containing
0.121 acres, more or less, for the purpose of drainage recorded
in Book 445 at page 507 ; easements, rights-of-way, reservations
of record, and except general taxes for the year 1973, payable in
1974.
and the above bargained premises in the quiet and peaceable possession of the said part i e S of the second part,
the it heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any
part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said party of the first part ha s hereunto set her hand
and seal the day and year first above written.
Signed, sealed and Delivered in the Presence of 41.
Mar
-CALIFORNIA
STATE OF MEXAT ,lii3,
County of San Diego
The foregoing instrument was acknowledged before me this 10th
19 73 by Mary A.- Bunjer'-aka Mary Bunjer
Bun
[SEAL]
Mary Bunjer
[SEAL]
} ss.
- 2 - [SEAL]
My commission expires March' 10,
a
V V
0
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0
COLORADO,
day of May 1973
. Witness my hand and official seal.
Elizafh A. Thompson
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BRADFORD IVSIL1I141MO CO.. DIMYER
LOYAL E.LEAVENWORTH
KEVIN L. PATRICK
JAMES 5. LOCHHEAD
LEAVENWORTH, PATRICK & LOCHHEAD, P C.
ATTORNEYS AT LAW
September 10, 1981
Dan Kerst, Esq.
Schenk & Kerst
Suite 100, Village Plaza
GlenwoodSprings, CO 81601
Dear Dan:
1011 GRAND AVENUE
P. 0.DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (303) 945-2261
Enclosed is an Application to the Basalt Water Conservancy
District for Water Allotment Contract submitted on behalf of
Paul R. Krausch together with our firm check in the amount of
$100 as a non-refundable application fee.
Mr. Krausch has approached Garfield County for subdivision
exemption and has been advised that upon obtaining a permit to
drill a well his application will be considered completed.
Accordingly, request is made for a sufficient quantity of water
to permit Mr. Krausch to apply for a well permit for the
subject tract through obtaining an alternate point of diversion
for a portion of the Basalt Water Conservancy District Water
rights.
It appears to me that this is one of the few uniquely
situated tracts of land which truly could benefit by Basalt
Water Conservancy District water rights due to his planned
places of use's proximity to the Roaring Fork River (no inter-
vening water users). Please advise me when Mr. Krausch will be
placed upon the Basalt Water Conservancy District agenda and
advise me whether I can provide any additional information
prior to that time.
Very truly yours,
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
KLP:jas
Encs.
cc w/enc Mr. Paul R. Krausch
Kevi L. Patrick
*Attach additional sheets, as necessary.
• •
INFORMATIONAL DATA
RE: APPLICATION TO BASALT WATER CONSERVANCY DISTRICT
FOR WATER ALLOTMENT CONTRACT
APPLICANT'S NAME(S): Paul R. Krausch
c/o Leavenworth, Patrick & Lochhead,P.C.
ADDRESS: P. 0. Drawer 2030
Glenwood Springs, CO 81602
Tele No.: (303) 945-2261
LEGAL DESCRIPTION OF PROPERTY ON WHICH LEGAL WATER RIGHT SHALL BE USED: *
PROPOSED USE OF WATER RIGHT:
NUMBER OF UNITS TO BE SERVED:
X
two (2)
Municipal
Domestic
Agricultural
Industrial
Other:
DESCRIPTION OF PROPOSED LAND USE* Applicant owns 24 acres more or less
which he intends to divide through the Garfield County subdivision
exemption process into two residential sites and one tract to be
donated to the City of Carbondale for perpetual greenspace.
QUANTITY OF WATER NEEDED:
15 gpm backed by approximately 3 acre-feet
replacement storage water
Date on which the county or other applicable governmental entities approved
the land use for which you seek legal water service: pending county review.
(NOTE: Copy of the Resolution or other documentation evidencing such approval
should be submitted with application.
LEAVENWORTH, PATRICK: LOCHHEAD, P.C.
By
Signatur
*Attach additional sheets, as necessary.
of Kevin L. Patrick
• •
T. PETERCRAVEN
-7totrzEU at _raw
POST OFFICE BOX 1 105
GLENWOOD SPRINGS. COLORADO 81601
TELEPHONE 303 - 945-8571
November 3, 1931
Mr. Paul Krausch
500 E. Hopkins
Suite 303
Aspin, CO 31611
RE: Carbondale - Krausch Land Donation
Dear Mr. Krausch:
This will acknowledge your letter of August 18, 1931, in which you
offered to donate to the Town of Carbondale a tract of approximately 10 acres
adjacent to the Roaring Fork River located just down stream from the
Carbondale Well Field. The property has approximately 1,000 feet of river
frontage. The City gladly 6ccepts your offer. It is the City's understanding
that the property will remain a park. The City has contracted for a survey
the property at its own expense and tender to you the necessary documents of
conveyance.
Very truly yours,
TPC/kab
x:.: Richard E. F1ewelling
City Manager
•
DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO
Case No.
APPLICATION FOR UNDERGROUND WATER RIGHTS
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
PAUL R. KRAUSCH, in Garfield County
COMES NOW, the Applicant, Paul R. Krausch, by and through
his attorneys Leavenworth, Patrick & Lochhead, P.C., and hereby
requests the Court enter a decree for the water rights as more
fully set forth below:
1. Name and address of Applicant:
Paul R. Krausch
c/o Leavenworth, Patrick & Lochhead, P.C.
1011 Grand Avenue
P. 0. Drawer 2030
Glenwood Springs, CO 81602
2. Name of well, registration number (as registered in State
Engineer's office, or, if a new well, the number on the
permit): Application will be supplemented with a copy of
permit, pursuant to C.R.S. 1973, Sec. 37-92-302(2). The
well is to be named: Krausch Subdivision Well No. 1.
3. Legal description of well:
At a point 1600 feet from the East Section line and 4000
feet from the North Section line of Section 27, Township
Seven (7) South, Range Eighty-eight (88) West of the Sixth
Principal Meridian.
4. Source: Roaring Fork River Alluvium, tributary to the
Colorado River.
A. Depth of well: 200 feet.
•
5. A. Dates of appropriation: July 24, 1981.
B.
Date water first applied to beneficial use: n/a.
C. How appropriation was initiated: Site selection of
well site and retention of consultants.
6. Amount claimed in gallons per minute of time: 15 g.p.m.,
conditional.
7. Proposed use: domestic, irrigation, and stock watering.
8. Legal description and acreage of land irrigated: See
Exhibit "A" attached hereto and incorporated herein by
reference.
9. Remarks: This well is the subject of an Application for
Alternate point of Diversion filed even date herewith in
Case No. 81CW , Water Division No. 5.
Respectfully submitted October ofa, 1981.
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
Attorneys for Applicant
Ais
/AD/
if
- fri .404 /
By
Kevin Patric
1011 .nd Avenue
P.O. Drawer 2030
Glenwood Springs, CO 81602
Phone (303) 945-2261
Registration No. 9124
Name and address of Applicant:
Paul R. Krausch
c/o Dain Bosworth Incorporated
600 East Hopkins, Suite 303
Aspen, CO 81611
-2-
STATE OF COLORADO )
ss.
County of t' TK iv
I, Paul R. Krausch, state under oath that I have read this
Application, and verify its contents to the best of my
knowledge and belief.
Subscribed under oath before me on '' i C�i',�-
My Commission expi_res0
Not y Public
Address :
-3-
LOYAL E.LEAVENWORTH
KEVIN L. PATRICK
JAMES S. LOCHHEAD
1
LEAVENWORTH, PATRICK 6 LOCHHEAD, P. C.
ATTORNEYS AT LAW
October 7, 1981
1011 GRAND AVENUE
P. 0. DRAW ER 2030
GLENWO TELEPHONE (303) 945 - ADO 81601
2261
Mr. Paul R. Krausch
c/o Dain Bosworth Incorporated
600 East Hopkins, Suite 303
Aspen, CO 81611
Re: Basalt Water Conservancy District Allotment Contract
Dear Paul:
I am pleased to enclose for your records the approved Water
Allotment Contract from the Basalt Water Conservancy District.
This contract will now permit us to file an alternate point of
diversion for a well to be located upon your property. As
presently no well exists upon the property, I'd appreciate your
calling me so that we can determine the proper location of the
well and file the necesary application for water rights and a
well permit. This will then permit you to go before the Garfield
County Subdivision Process in an effort to get an subdivision
exemption for the property. I look forward to your response.
Please feel free to call should you have any questions.
Very truly yours,
LEAVENWORTH, PATRICK & LOCHHEAD, P. C.
Kev n L. Patrick
KLP/j
Enc.
• •
Application To
BASALT WATER CONSERVANCY DISTRICT
For
WATER ALLOTMENT CONTRACT
(Pursuant to C.R.S. 1973, 37-45-131)
Applicant, Paul R. Krausch�x3x —'
a n individual � g12,RRix Fk.kRit
, g15(&)oi1 limi ed}t)t Xcicxxb D oxIts> i>c t3m4x& 4XxliZfoacg ?RRckt :,<
hereby applies to Basalt Water.Conservancy District, a political subdivision
of the State of Colorado, organized and existing by virtue of Colorado
Revised Statutes, 1973, 37-45-101, et seq., for an allotment contract for
beneficial use of water owned by the District under the following terms
and conditions:
1. The quantity of water herein requested by Applicant for
annual application to a beneficial use is 15 gpm (0.033 cfs) + 3 acre-feet
storage, available pursuant to the decrees of the District
to be used so long as the Applicant fully complies with all of the terms,
conditions, and obligations hereinafter set forth.
2. It is understood and agreed by the Applicant that any
water allotted by the Board of Directors of said District shall be for
domestic and lawn and garden use within or through
facilities or upon lands owned, operated, or served by said Applicant;
provided, however, that all lands, facilities, and serviced areas which
receive benefit from the allotment (whether water service is provided by
direct delivery, by exchange, or otherwise) shall be situated within the
boundaries of Basalt Eater Conservancy District.
3. Applicant agrees that such water service shall be from either
the Basalt Conduit, the Landis Canal, or the Stockman's Ditch Extension
or other decrees hereafter acquired by the District. Applicant further
agrees that exchange releases to be made out of storage by said District
either from Ruedi Reservoir or other works and facilities acquired for
such purpose shall be delivered to Applicant at the outlet works of said
storage facility and that the water delivery obligation of the District
:;hall terminate upon release of water from said works. The Applicant
further agrees that on November 1 of each year any water undelivered from
the annual quantity made available to the Applicant shall revert to the
water supplies of the District.
4. Applicant acknowledges that the foregoing application is
for the right to use water rights owned by the Basalt %.atcr Conservancy
District. Request for alternate points of diversion of said District
water rights described in paragraph 3 hereinabove may be required in
order to provide Applicant the water service contemplated hereunder.
The District reserves the exclusive right to review and approve any
conditions which may be attached to judicial approval of said alternate
point of diversion as contemplated or necessary to serve Applicant's
lands hereunder. Applicant agrees and acknowledges that it will defray
any out of pocket expenses incurred by the District in connection with
the provision of such water service including but not limited to
reimbursement of legal and engineering costs incurred in connection
with obtaining alternate points of diversion necessary to serve Appli-
cant's lands hereunder. Applicant further acknowledges and agrees that
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of diversion
and deliver them if necessary to Applicant's intended beneficial use
hereunder.
•
•
5. Applicant agrees to pay annually for t1�ricteforeu�eecithi.n
e
herein provided by the Board of Directors of said Distdetermine to be
such class of water service sacre�footrtomay
be fixedannually
annually by said
applicable and at a price per Board; and, further, agrees that the initial annual P in full, withe
payment shall b } notice from
in fifteen (15) days after the date of a
made,
the District that the initial payment is due hereunder. Said notice will
} of the water delivery year
advise the Applicant, among other things, rice which is applicable
to which the initial payment shall apply and the p
to that year.
Annual payments for each year thereafter shall be made by
the Applicant on or before each March 1.
If an annual payment, as herein provided, is not made by the
due date, written notice thereof will be given by
said District to the
Applicant at the following designated address: c/o Leavenworth, Patrick &
App Springs, CO 81602
Lochhead P.C.• P. 0. Drawer 2030; Glenwood Sp g
payment is not made within ten (10) days after the date of
If pa} },t title, or
said written notice, Applicant shall have no further right,
herein made,
interest under this contract; and the allotment of water,
shall be transferred, leased, or otherwise disposed of at the discretion
of the Board of Directors of said District.
Applicant further agrees that in the event water cdePliver es
hereunder aye made in cooperation with some other person, son, corporation
quasi -municipal entity, or governmental entity, authorized
or governmental entity is hereby District, to or
quasi -municipal entity, to the
curtail water service to Applicant without liability option and request
said other person or entity, in any respect at the :;ole . s long as
Said service may continue' to be terminated 'as long, are
of the District. past c-nc 1 ".'
payments contemplated hereunder, together with all 1 p•
in arrears.
foregoing
be fully net
of revenues
security to
per Sin,
entity, for
to maintain
6. As
covenant
security to the District, the Applicant agrees t will
of payments in advance of water dc] i �,ch sources
budget and appropriation of funds fromAs additource
as may be legally available to said Applicant.
ional
the Applicant agrees that it will hold harmless
the District, or' other'governmental
corporation, quasi -governmental entity, Applicant
discontinuance in service due
onto `afailure currentobaslis,APP
the payments herein contemplated
hat the
s e
annual
by
annual
7. Applicant agrees that the water allotment c shall b��� e in, and
that th this agreement
used for the purposes and in the • nner Applicant
that this agreement is made for tl�e exclusive benefit assigns,f the por
and shall not inure to the benefit of any successors,
lessees of said Applicant without prior specific approval of the Board
of Directors of said District.
Applicant agrees to be .bound by the provisions of the Eater
8. � _
Conservancy
Act of Colorado; by the Rules and Regulations of the Board
of Directors of said District; and all amendments thereof and supple-
ments
upp e
ments thereto.
9. Applicant agrees, as a condition of this contract to enter
Agreement" with said District if and
into an "Operation and Maintenance Ag tri t f and
-
then the Board of said District finds and determinessthatcsu requested
vent is required by reason of additional or specials services
ason of else deliveryl
by the Applicant and provided by the District or by
or use of Mater by the Applicant for more thams]aeiof the lasses of of
d
service which are defined in the Rulemay a , contain, but -not be limited
Directors of said District. Saidagreement � rovided within
.tater delivery at tines or by ne•an5 not p
to, provision for additional
the tents of standard allota-,Cnt contracts of the District;
-2-
•
l monetary consideration for extension of District delivery
services
annus operation and-maintenance
ceSts; or
and for additional the istrictwhich may arise through e
for other costs to the District
available to the Applicant.
passed by the Board of
10. Applicant acknowledges that ater service hereunder
s
subject to that certain resole. on District onb September 25,o
Director application and allotment
Directors of the Basalt Water Conservancy
enof this app reapprot
1979,
cont
as the same exists upreview, contract. of water allotted hereunder
to
ve
The District reservestheu exclusive the rightuse Would require
orto the
roveent suchany proposed changechange in land
governmental authorities pursuant to land use
to the extent change in use and/or
approval of local or state
laws now or hereafter in
existence.
PP
11.
A licant attaches hereto a true and
]�os correct
namcopy of
Applicant's records authorizing the officers,
ear
the application.
hereon, to make this app P.C.
LEAVENWORTH, PATRICK & LOCHHEAD,
Attorneys for Paul R. Krausch
(Name of Applicant
ATTEST:
(Title)
Notary Public
SEAL
By
(Signa
Kevin
re of Authorized Officer
Patrick, Esq.
Attorney4"9/2
(Tit] e)
ORDER ON APPLICATION
or on behalf of all parties
been made by caring by the Board. it
Application raving after a N
interested the water allotment and
is hereby ORDERED the A syoragepplication be granted and an allotment
} cubic eet per second and/or acre feet of
water
contract for 15 Rp�' Paul R. Krausch on the terms,
is hereby made to in said application up
for the beneficial uses set forth
as therein specified.
conditions, and manner of pa_
BASALT WATER CONSERVANCY DISTRICT
1 y.
—3—
r sident
• •
1 hereby certify that the above Order was entered by the Directors of
Basalt Water Conservancy District on the 'I' day of
A.D. 19
ATTEST:
Secretary
/ S., 8 W
/IDT 9
C Sec. 27)
U0
NJ
S89°s/CO _ STA TE y/6://IV Y NO. 82
0.50'
588°56'00'E /1/89°.5-4'30"E; 59750'
0
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L 0 Lo
(Se
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2a_27 RC. _`
PROPOSED PARK F-0
-T- vJ •J C F- C h R 8 D IJ oA LE-
NOTE:
This map prepared from. Document No. 236639 and
descriptions from Colorado State Highway Project
No. S 0082(3).
h/EST /000.00'
GARFIELD COUNTY
COLORADO
0
m
a
(13
E. Y4 Corner
Sec. 27
SCAL ,E //NCr/ - 200 FEET
A parcel of land situated in Lots 9 and 13 of Section 27, Township
7 South, Range 88 West of the Sixth Principal Meridian, lying -.Southerly
of the Southerly right-of-way line of Colorado State Highway No..82, -
said parcel of land is described as follows:
Beginning at a point on the Southerly right-of-way line of said hinhway
whence the East Quarter Corner of said Section 27 bears: N.7200'30"
E. 2346.10 feet; thence S.89"51130" E. 0.50 feet along the Southerly right-
of-way line of said highway; thence S.88°55'00" E. 402.10 feet along the
Southerly right-of-way line of said highway; thence iN.89°54'30" E. 597.50
feet along the Southerly right-of-way line of said highway; thence South
1056.30 feet; thence West 1,000.00 feet; thence North 1362.83 feet, more
or less, to a point on the Southerly right-of-way line of said highway,
the point of beginning
The above described parcer of land contains 24.27 acres, more or less.
December II, 1974
SCARRO'd AND WALKER, I NC.
P.O. BOX 460
GLENWOOD SPRINGS, COLORADO
6678.,
7400
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DOIIED LINES 11E1I051 NI 201001 CONTOURS
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313 10'
1 MILE
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1 KILOMETER
Application To
BASALT WATER CONSERVANCY DISTRICT
For
WATER ALLOTMENT CONTRACT
(Pursuant to C.R.S. 1973, 37-45-131)
Applicant, Paul R. KrauschR�txxx
a n individual /K$RT:t'�c�
, gruixirtilloxitzecoxmxiia xxxximot icxSc )exRio6PAvxxcktxx
hereby applies to Basalt Water Conservancy District, a political subdivision
of the State of Colorado, organized and existing by virtue of Colorado
Revised Statutes, 1973, 37-45-101, et seq., for an allotment contract for
beneficial use of water owned by the District under the following terns
and conditions:
1. The quantity of water herein requested by Applicant for
annual application to a beneficial use is 15 gpm (0.033 cfs) + 3 acre-feet
available pursuant to the decrees of the District
to be used so long as the Applicant fully complies with all of the terms,
conditions, and obligations hereinafter set forth.
2. It is understood and agreed by the Applicant that any
water allotted by the Board of Directors of said District shall be for
domestic and lawn and garden use within or through
facilities or upon lands owned, operated, or served by said Applicant;
provided, however, that all lands, facilities, and serviced areas which
receive benefit from the allotment (whether water service is provided by
direct delivery, by Exchange, or otherwise) shall be situated within the
boundaries of Basalt Water Conservancy District.
3. Applicant agrees that such water service shall be from either
the Basalt Conduit, the Landis Canal, or the Stockman's Ditch Extension
or other decrees hereafter acquired by the District. Applicant further
agrees that exchange releases to be made out of storage by said District
either from Ruedi Reservoir or other works and facilities acquired for
such purpose shall be delivered to Applicant at the outlet works of said
storage facility and that the water delivery obligation of the District
shall terminate upon release of water from said works. The Applicant
further agrees that on November 1 of each year any water undelivered from
the annual quantity made available to the Applicant shall revert to the
water supplies of the District.
4. Applicant acknowledges that the foregoing application is
for the right to use water rights owned by the Basalt Water Conservancy
District. Request for alternate points of diversion of said District
water rights described in paragraph 3 hereinabove may be required in
order to provide Applicant the water service contemplated hereunder.
The District reserves the exclusive right to review and approve any
conditions which may be attached to judicial approval of said alternate
point of diversion as contemplated or necessary to serve Applicant's
lands hereunder. Applicant agrees and acknowledges that it will defray
any out of pocket expenses incurred by the District in connection with
the provision of such water service including but not limited to
reimbursement of legal and engineering costs incurred in connection
with obtaining alternate points of diversion necessary to serve Appli-
cant's ]ands hereunder. Applicant further acknowledges and agrees that
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of diversion
and deliver them if necessary to Applicant's intended beneficial use
hereunder.
5. Applicant agrees to pay annually for thewater service
herein provided by the Board of Directors of said District for use within
such class of water service as said Board may annually determine'to be
applicable and at a price per acre-foot to be fixed annually by said
Board; and, further, agrees that the initial annual payment shall be
made, in full, within fifteen (15) days after the date of a notice from
the District that the initial payment is due hereunder. Said notice will
advise the Applicant, among other things, of the water delivery year
to which the initial payment shall apply and the price which is applicable
to that year. Annual payments for each year thereafter shall be made by
the Applicant on or before each March 1.
If an annual payment, as herein provided, is not'made by the
due date, written notice thereof will be given by said.District to the
Applicant at the following designated address: c/o Leavenworth, Patrick &
Lochhead, P.C.; P. 0. Drawer 2030; Glenwood Springs, CO 81602
If payment is not made within ten (10) days after the date of
said written notice, Applicant shall have no further right, title, or
interest under this contract; and the allotment of water, as herein made,
shall be transferred, leased, or otherwise disposed of at the discretion
of the Board of Directors of said District.
Applicant further agrees that 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
ptiynents contemplated hereunder, together with all past dne payments, are
in arrears.
6. As security to the District, the Applicant agrees that 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 available to said Applicant. As additional
security to the District, the Applicant agrees that it will hold harmless
:any person, corporation, quasi -governmental entity, or other governmental
entity, for discontinuance in service due to the failure of the Applicant
to maintain the payments herein contemplated on a current basis.
7. Applicant agrees that the water allotment shall be
beneficially used for the purposes and in the ranner specified herein, and
that this agreement is made for the exclusive benefit of the Applicant
and shall not inure to the benefit of any successors, assigns, or
lessees of said Applicant without prior specific approval of the Board
of Directors of said District.
8. Applicant agrees to be bound by the provisions of the eater
Conservancy Act of Colorado; by the Rules and Regulations of the Board
of Directors of said District; and all amendments thereof and supple-
ments thereto.
9. Applicant agrees, as a_condition of this contract to enter
into an "Operation and Maintenance Agreement" with said District if and
when the Board of said District finds and determines that such an agree -
sent is required by reason of additional or special services requested
by the Applicant and provided by the District or by reason of the delivery
or use of water by the Applicant for more than one of the classes of
service which are defined in the Pules and Regulations of the Board of
Directors of said District. Said agreement nay contain, but -not be limited
to, provision for water delivery at times or by means not provided within
the terms of stcndard 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.
10. Applicant acknowledges that water service hereunder is
expressly subject to that certain resolution passed by the Board of
Directors of the Basalt Water Conservancy District on September 25,
1979, as the same exists upon the date of this application and allotment
contract. 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.
11. Applicant attaches hereto a true and correct copy of
the Applicant's records authorizing the officers, whose names appear
hereon, to make this application.
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
Attorneys for Paul R. Krausch
By
(Name of Applicant
(Signat re of Authorized Officer)
Kevin Patrick, Esq.
At t orney?jt9/Z/
ATTEST:
(Title) Notary Public
SEAL
(Title)
ORDER ON APPLICATION
Application having been made by or on behalf of all parties
interested in the water allotment and after a Hearing by the Board, it
is hereby ORDERED that the above application be granted and an allotment
contract for cubic feet per second and/or acre feet of water
is hereby made to
for the beneficial uses set forth in said application upon the terms,
conditions, and manner of payment as therein specified.
BASALT WATER CONSERVANCY DISTRICT
By
President
—3 -
I hereby certify that the above Order was entered by the Directors of
Basalt Water Conservancy District on the day of
A.D. 19
ATTEST:
Secretary