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HomeMy WebLinkAbout1.0 Application• • ,.:: rR£cE1vEo JUN a 3 c.:2_ APPLICATION FOR: GABOSSI SUBDIVISION EXEMPTION A TRACT OF LAND SITUATED IN THE NWl/4 OF SECTION 25 TOWNSHIP 5 SOUTH , RANGE 90 WEST OF THE 6TH P .M. GARFIELD COUNTY, COLORADO PREPARED FOR: ROC & MARY GABOSSI 1125 PALMER A VENUE GLENWOOD SPRINGS , COLORADO 81601 (970) 945-9673 MAY 24 , 2002 • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-lOl(lO)(a)-(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the undersigned 1f-e; & .:f d &C7( y ().. b o t.,e, \ respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of LP l . 41 acre tract of land into tracts of approximately 1'~.1.1. i :?k. ~''L; ?i.t?; ,., .4-? acres each, more or less, from the definitions of "subdivision" and ''subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (IO)(a)-(d) and the Garfield County Subdivision Regulations for the reasons stated below1 -f le Ir~ hl +,., c~,k,J 7__, Ov Wck ~l ~~LhJ I ' L ' I ' 4 p ~~~~h ~L~,~-·~---·-""~~,,.:.h......._--"-'4-v'"'~-~-~~/~~~-£~-~~'~_.la~.K...--~~~~__....k.;,:_~J=-&~ I 1-At ~' VV"""l '°L.- 1 \,.a f 4 ~ SUBWTI AL REQUIRE!vfENTS: An application, which satisfied the review criteria, must be submitted with the following information: A. Sketch map at a minimum scale of l "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of l "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy ofU.S.G.S. quadrangle map may be used; and C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1 • • I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. J. A $300 .00 fee must be submitted with the application. ffiv a.~\~·~ Petitioner~ & \ \ ;) ~ \-)~\ ""'"'-GV }\ \,/ g, ,. Mailing Address GkY\WO .&, ;f x='"'EY c "'. City Stat Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these 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. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and 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), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four ( 4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2 • • JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture I Land Planning May 24, 2002 Garfield County Board of County Commissioners 109 8th Street Glenwood Springs, Colorado 81601 Re : Gabossi Subdivision Exemption -Garfield County , Colorado Dear Commissioners, On behalf of the applicants, Roe A. & Mary Gabossi , I am pleased to submit this Petition for Exemption to divide a 61.5 acre parcel ofland into four (4) separate parcels consisting of20.22 acres , 34.685 acres , 3.13 and 3.43 acres respectively. The property is located in the NW 1/.i of Section 25 ,'Township 5 South, Range 90 West of the Sixth P.M. The property has historically been referred to as the Bowles Ranch. The purpose of the subdivision exemption request is to provide the property owners an opportunity to construct single family dwellings on 2 of the lots, while at the same time , have the opportunity to develop the remaining portion to recapture some of their original investment. The Gabossi's were granted conditional approval for a Subdivision Exemption on this property last September. Due to a change in philosophy and potential use of the property , this application represents a reconfiguration of the lot lines from the previous application. PROJECT OVERVIEW Property Description The property is located adjacent to and north of Highway 6 approximately 1 mile west of Canyon Creek. One (1) single family residence , as well as a number of agricultural outbuildings, are located on the southwestern portion of the property. Access to the residence is via an existing gravel driveway that intersects with Highway 6. The property is varied in topographic and vegetative characteristics. The southwestern portion of the property is relatively flat and contains the existing residence, a large apple orchard, a pond and the agricultural outbuildings as well as the old South Canyon schoolhouse. The southeastern portion of the property consists of a flat area, consisting of 909 Colorado Avenue • Box 2271 • Glenvvood Springs, CO B 1 602 (970) 945-1337 e FAX (970) 945-7914 • • approximately 5 acres, that is situated adjacent to Highway 6 and the New Creation Church that is presently under construction. This area was mined for structural fill material during the construction of I-70. This area of the Gabossi property is somewhat of an anomaly because the area is uncharacteristic of the remainder of the property. The remainder of the property consists of sloping hillsides that continue to the northern boundary of the property. The vegetation on the northern sloping areas consists primarily of pinyon pine and juniper. The Williams Canal traverses the northern portion of the property in an east to west direction. The proposed building sites of the exemption parcels are situated in either areas that have been cleared for agricultural operations or areas that are situated on relatively flat slopes. Property Ownership and History The property, as described in this submittal, has existed in its current configuration prior to January 1, 1973, is larger that 35 acres in size and is not a part of a recorded subdivision. Mr. Gabossi purchased the property from the Dorothy Bowles Estate in April 2001. Prior to that time , the property was owned by Larry and Dorothy Bowles. The Bowles purchased the property in 1943 . The property, under the Bowles' ownership , was never subdivided. The property has existed is its current configuration prior to January 1, 1973 . A chain of title accompanies this application and can be found in the Appendix . Potable Water Supply The property contains one (1) existing well ( Permit# 52966) that presently serves the existing residence on Lot 1. The remainder of the lots will be served by individual wells. In November 1998, an Augmentation Plan was approved by District Court, Water Division 5, State of Colorado, Case# 97CW162. The plan for augmentation permits up to six (6) domestic wells serving 30 single family residences on the entire property. A copy of the Augmentation Plan is attached in the Appendix of this application . The applicants obtained three (3) additional domestic well permits( Bowles Wells# 2,3,4) through the Colorado Division of Water Resources Division 5. The applicants have also obtained two (2) West Divide Water Conservation District substitute water contracts and have applied for two (2) additional well permits through Division 5. These well permit applications have been forwarded to the State and are pending approval. The existing well was tested in February 2001 for bacteria, nitrates, lead and conductivity. The results of the test indicate that the water meets Colorado Department of Health standards. The report is attached in the Appendix of this application. 2 • • Irrigation Water The owners hold title to eight and eight tenths (8 .8) shares in the Williams Canal Company . This wate r has historically been used to irrigate the property. A portion of the irrigation water rights will be allocated to the exemption lots for outside irrigation use. Access Access to Lots 1, 3 and 4 will be from Highway 6 while the proposed access to Lot 2 will be from County Road 138. The applicants have submitted an access permit application to the Colorado Department of Transportation for access to Highway 6. The Garfield County Road and Bridge Department issued an access permit for the access to Count y Road 138. Sewage Disposal The method of sewage disposal for all four (4) exemption lots will be by means oflSDS . The existing residence on Lot 1 has an individual sewage disposal system in place . Prior to submitting for building permits, percolation tests will be performed on Lots 2 ,3 and 4 to determine the most appropriate sewage disposal system for each lot. All ISDS systems will be designed by a professional engineer licensed to practice in the State of Colorado . Soil Types The U.S .D.A. Soil Conservation Service soil survey mapping indicates that the subject property is located within five (5) different soil types . The soil types include the following map units: 1) # 8 -Atencio-Azeltine complex ; 2) #10 -Begay sand y loam , 3) #57 -Potts -Ildefonso complex ; 4) # 67 -Torriorthents-Rock Outcrop and 5) # 69 - Vale silt loam. Atencio-Azeltime complex soils are found adjacent to Highway 6 on the southeastern portion of the property. These soils are well drained . Limitations for building site development are slight to moderate and limitations for septic tank absorption fields range from slight to severe. Appropriate engineering design will be performed in order to mitigate and overcome the septic tank absorption field limitations associated with this soil type. Two (2) of the lots are located within these soil types. Begay sandy loam soils are found on the western portion of the property. This series consists of deep, well drained soils. This soil type has slight to moderate limitations for site development and residential construction. Limitations are moderate regarding septic tank absorption fields. One (1) of the four ( 4) residential building sites are located in areas associated with this soil type. Potts-Ildefonso complex soils are deep, well drained soils located on 3-12% slopes. These soils are located outside the areas proposed for residential development. 3 • • Torriorthents-Rock outcrop soils are found on 15-70% slopes and are found on the east and north areas of the property. Community development is limited by the rock outcrops and steep slopes. These limitations can be overcome by appropriate engineering design and construction. One ( 1) of the residential building sites, located on a flat bench , is located within this so i l type. Vale silt loam soils are found on 6 to 12% slopes and consists of deep , well drained soils. These soils are found on mesas, benches and alluvial fans. These soils pose moderate limitations for site development, residential construction and septic tank absorption fields . Roads, building foundations and septic tank absorption fields can be designed to compensate for the moderate limitations. Even though there are limitations associated with the aforementioned soil types with respect to building development, these limitations can be overcome b y proper engineering and construction mitigation measures. The U.S.D.A soil survey interpretation tables are included in the Appendix of this application. Fire Protection The property is situated within the Glenwood Springs Rural Fire Protection District boundary. Ron Biggers, District Fire Protection Analyst, has indicated in writing that the Fire District will provide fire protection services for development on the exemption parcels. The applicant will work with the Fire District to determine the most appropriate fire protection measures to employ that are acceptable to the District. A letter from Mr. Biggers is included in the Appendix. In conversations with Mike Piper, District Chief, he indicated that sufficient water storage will be required but when approvals are granted and when building design is finalized, the applicant shall submit a fire protection plan to the District for appro val. The applicant is comfortable with a condition placed on the approval that states that acceptance of an acceptable fire protection plan be approved by the District prior to the applicant submitting plans for building permits . Compatibility With Surrounding Land Uses The zoning (AIR/RD) and proposed single family residential land use of the subdivision exemption is consistent and compatible with the surrounding neighborhood. All Garfield County zoning requirements will be met. Easements for Utilities, Access and Maintenance The necessary easements for utilities, access and maintenance for the proposed exempt 4 • • lots are shown and described on the Gabossi Exemption Plat. Conclusion We feel that the Gabossi Subdivision Exemption request has satisfied the requirements of the Garfield County Zoning Resolution and the Garfield County Subdivision Regulations and that the request is in compliance with the Garfield County Comprehensive Plan. All the necessary submittal materials are included in the application . We anticipate presenting this Subdivision Exemption request to you in the near future. If you have questions or need additional material, please do not hesitate to contact my office. Sincerely, John L. Taufer, Owners Representative 5 • • APPENDIX . ~Y-09-2001 15:36 9'709450212 P .02 • QUIT CLAIM DEED THIS DEED , made this 18th day of_A~prt_l ______ , 2001 between EST A TE OF DOROTHY L. BOWLES, DECEASED granter, whose street address is : P.O. BOX 386, SPIRIT LAKE, ID 83869 County of GARFIELD , State of Colorado , for the consideration of Ten Doll~ apd other good and valuable considenttioo • • • • • • • Dollars in hand paid, hereby sells and quitclaims to : MARY ANN GABOSSI AND ROC ANTHONY GABOSSI IX] J o i nt Tenants 0 TcnaM:s i n COlllllOn grantee, whose street address is : 44523 HWY 6 & 24 , GLENWOOD SPRINGS, CO 81601 County of GARFIELD , State of Colorado , the following legally described water rights : ANY AND ALL WATER RI GHT S APPURTENANT TO OR USED IN CONNECTION WITH THE PROPERTY INCLUDING, WITHOUT LIMITATI ON, THE EXISTING WELL (TOGETHEa WITH WELL PERMIT NUMRER 52966) ,EfGHT AND EIGHT TEN TH S SHARES OF THE WILLIAMS CANAL COMPANY, ANY AND ALL RIGHTS OF SELLER TITLE AND INTEREST IN AND TO THE DISTRICT COURT, WATER DIV. NO. 5, COLORADO , PROCEEDING FILED AS CASE NO. 97CW162 .. Appurtenant to : SEE EXB..IBIT "A" ATTACHED HERETO AND MADE A PART THEREOF. S igned as of the day and year first above writen. ESTA,¥ OF DQ_ROTHY L. BOWLES, DECEASED \ ~lJ~ BY: TE DUP ~ERSONAL REPRESENTATIVE State of Colorado ) )SS . -----County of GARFIELD ) The forego ing instrument was acknowledged before me this I 8yv, day of ---"A"'"pn;..;;·1'----' 2001 by TERRY DUPREY AS PERSONAL REPRESENT A TlVE FOR TBE EST A TE OF DOROTHYL.BOWLES,DECEASED Witness my hand and official seal . My commission expires: q~/·d()(J'2-- ELLEN M. lllirSC.™Bordec Return to : NOTARY PUSdC"""' STATE OF COLORADO lo,.,. llATER .QCD (6•8·99) Norary Public . MARY ANN GABOSSI AND ROC ANTHONY GABOSSI 44523 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601 . .....,_."lt;;:~ t 'J~.·.-~~IL·j MAY-09-2001 15:37 PITKIN IRON CORP. I lllllJ:DHI 11111/lllllllll f 1111U1 1111111111111111 !79585 04/19/2001 04-:-08" 81246 P773 Pl ALSDORF 1 of 3 R 15.00 D 70.00 GARFIELD COUNTY co ·--··.-·----· I PERSONAL REPRESENTATIVE'S DEED (Testate Estate) 1; THIS DEED is made by ___ Terry-"-'~....;;;;.Dup=-r"-e""y..__ ________ _ ;. -~----,,-~--~as Personal Representative of the Estate of r:orothy L. Bowles, A/KIA 'D:lrothy Lucinda Bowles -------------------.deceased, Grantor, ' to Mary Ann Gabossi and Rx; Anthony GatQssi :I ·; ·---------:-c,..,,.-::,..,------------, Grantee, whose legal address is 44523 HWY 6 & 24 I GLENWOOD SPRINGS :j ;1 co 81601 • 9709450212 P.04 ·---- i ,J 1, I: '.1 '.! i; 'i '1 i; !j ji i/ ;; of the •county of Garfield . State of Colorado \ ' 1 WHEREAS, the Last Will and Tustament of the above-named decedent was made and executed in the lifetime of the , I\ decedent, and is dated October 29 . 1993 , which Will w~ duly admitted to tfunmd) (i.nfonnal)•• ; ! probate on Uarch 25 , _ 1997, by the District Cqimi.I1.a..nd for the ,: ; : County of Garfield , State of Colorado, Probate No. 9IPH.lo ; ii WHEREAS, Grantor was duly appoinled Personal Representative of said Estate on March 25 19 ...J2. , and is now q ual.ified and acting in said capacity. NOW THEREFORE, punuant to the powers conferred upon Gr411tor by the Colorado Probate Code, Granter does hereby sell, convey, assign, transfer and set over unto said Grantee (in joint tenancy)•• (for and in consideration of Seven Hundred Tl"Pusand and no/100 Dollars)"° ·, ~~~~~Q~~c:. captjgned...Wjjj)** the follow ing described real .i property situate in the County of Garfield . State of Colorado: See Exhibit 'A. attached hereto and made a part hereof by this reference. L ., : 1 also known by street and number as : 44523 Higl'1Nay 6, Glerl'M:)()(j Springs, C.olorado assessor's schedule or parcel number. 81601 i. ii ~ I I: 'I With all appurtenances, subject to covenants, casements and restrictions of record, and subject to general property I l taxes for the year .2QQ_l, and subject to patent reservations of record, encroachrrent of : 1 ' road.way on subject property as shown on First Arrended Senor Mesa Plat recorded ! . i~ Book 201 .at "Qage 502 and encroaching gravel access driveway and ppssesso:i:y 11 \i r)?s~;d~g~a~stn~~in=u?fp1M!E~S-rar!Wsrd8Ja?.76l3 dated Septe.fuber 1, 1999. 1' q ii Executed _A~p~r_i_· l_l_B____ 2001 . / H STATE OF COLORADO f . ________ COUNTYOF Gar ield ! i The foregoing insuument was acknowledged before me this }~- . y/7 /'if day of_--.::Ap=r=i=l ___ _ ·1 I ,, 1; ,. ! ~ I 2001. 11 ! : by Terry Duprey i; a.s Personal Representative of the Estate of Dorothy L. 13owles, A(K/A D::>rothy Lucinda Bowles I! !! ii -------------------.Deceased. ; • Witness my hand and official seal 1' My commiuion expires: Cf--dt-dOOL--j! d ,, ·1 1, !! ~"::!::'""Cicy ELLEN M. LIPSCOMB Ii NOTARY PUBLIC i' ., '11 ........... Addl"Q6of"'-..U,.. 3>-106..I, 7~ (?.~ / 11 /1 rl ··' .! 523 ~ -r .. :u/ I 'J ' .:~:· .... ~::cPc~. ~._ 1_96 _ P~:'Z.2a:=::!~ 6'/e.-zwi'tl · ccref¥,fo1=c:,,;,;::'~, · ··{~_·.~-~ -{\ · ' --/\'·' Brudronl Publishia1,. 1743 W..ct S•. Den=. CO 80202 -303-292-2.'iOO-btadfotdpublimin~com -9.99 ·~~ ~!'tt'A MAY-09-2001 15:3 5 P I TKI N IR ON CORP . ...... ••••11 •1•••11• 1111111 Ill 111111111101 .->46 04/19/2001 · B"1246 P777 r1 ALSDORF ~ of 2 R 10.00 D 0. RRFIELD COUNTY CO 9 7 0 945 0212 • P.03 EXHIBIT A THAT TRACT AS DESCRIBED IN BOOK 408 AT PAGE 170 OF TliE RECORDS OF GARFIELD COUNTY, COLOR.ADO AND BEING A TRACT SITUATED IN THJi: NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OP THE SIXTH PRINCIPAL MERIDI.>.N , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS 1 BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 35, SAID NORTH QUARTER CORNER BEING A 2" IRON PIPE WITH AN ALUMINUM CAP BEARING P.L.S . REGISTRATION #15710 : THEN ALONG 'l'HE EAST LINE OP THJ: NORTHWEST QUARTER OF SAID SECTION, SOU'I'B 07 DEGREES 03 1 10" EAST A DISTANCE OF 1870 .02 PEET TO THE NORTHEAST CORNER OP THAT TRACT AS DESCRIBED IN DOCO'MENT RECORDED IN BOOK 871 AT PAGE 30 OF THE RECORDS OF SAJ:D COUTNY; THEN ALONG THE NORTH AND WEST BOUNDARY OP SAID TRACT THE FOLLOWING TKREE COURSES> 1) NORTH 90 DEGREES 00'00" WEST A DISTANCE OF 84 .81 FEET ; 2) SOUTH 00 DEGREES 40 150 11 WEST A D:ISTANCE OF 8 0.-i2 FEET ; 3) SOUTH 10 DEGREES 10 124" EAST A DISTANCE OF 237.69 FEET TO INTERSECT THE NORTHERLY RIGHT OP WAY 07 A COUNTY ROAD AS IT CROSSES THE SOUTHEAST QUARTER OP SAID NORTHWEST QUARTER, SAID RIGHT DP WAY BEING 30 PEET NORTHERLY OF THE CENTERLINE 01' SAJ'.D ROAD AS LOCATED BY SURVEY IN JUNE 1993; THEN ALONG SAID NORTHERLY RIGHT OF WAY TBE FOLLOWING FOUR COURSES: l) SOUTB 68 DEGREES 56 1 19" WEST A DISTANCE OF 119.42 FEET; 2) SOUTH 75 DEGREES 17'17" WEST A DISTANCE OP 119.64 PEET; 3) SOUTH 79 DEGREES 09'05" WEST A DISTANCE OF 64.9 9 FEET ; 4) SOUTH 67 DEGREZS 03'21" WEST A DISTANCE OP 153 .83 FEET TO INTERSECT THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY NUMBER 6 AND 24; THEN ALONG SAID NORTHERLY RIGHT DP WAY THE FOLLOWING SIX COURSES ; 1) NORTH 65 DEGREES 14 100" WEST A DISTANCE OF 758 .22 PEET ; 2 ) 426 .40 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 12 DEGREES 09'16" A RADIUS DP 2010 .00 FEET AND A LONG CHORD WHICH BEARS NORTH 71 DEGREES 18'38" WEST A DISTANCE OF 425 .60 FEET; 3) SOUTH 13 DEGREES 12'00 11 WEST A DISTANCE OF 50 .00 PEET : 4) 270 . 72 PEET ALONG THE ARC OF A CURVE TO 1'HE LEFT HAVING A CENTRAL ANGLE OF 07 DEGREES 54'49" A RADIUS OF 1960.00 FEET AND A LONG CHORD WHICH BEARS NORTH 81 DEGREES 21 135" WEST A DISTANCE OJI' 270.50 FEET ; 5) NORTH 85 DEGREES 19'00" WEST A DISTANCE OF 368 .00 FEET ; 6) 109 .7 4 FEET ALONG THE .ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREES 06 '25", A RAD'IUS OF 5680 .00 FEE T AND A LONG CHORD WHICH BEARS NORTH 84 DEGREES 45 148 11 WEST A DISTANCE 011 1 09 .74 FEE T TO A COLORADO DEPARTMENT 0 F HIGHWAYS RIGHT OP WAY MARKER1 THEN DEPARTING SAID NORTHERLY RIGHT OF WAY AND ALONG THE EASTERLY LINli: OF A PARCEL REFERRED TO AS THE "TIBBITS PLACE" AS DESCRIBED IN DOCU!o!ENT RECORDED :rN BOOK 49 1 AT PAGES 790 AND 7 91 OF THE RECOR DS OF SA:ID COUNTY nra FOLLOWING 15 COURSES; 1) NORTH 23 DEGREES 00'10" EAST A DISTANCE 01' 85 .51 FEET 1 2) NORTH 33 DEGREES 41'22" EAST A DISTANCE OF 273 .31 FEET ; 3) NORTH 10 DEGREES 41'01" EAST A DISTANCE OF 126 .20 FEET; 4) NORTH 18 'DEGREES 00'46" EAST A DISTANCE OF 10 2 .71 PEET; 5) NORTH 89 DEGREES 42'59" WEST A DISTANCE OF 34 .7 8 PEET ; 6) NORTH 45 DEGREES 44'37 11 EAST A DISTANCE OP 194.88 FEET ; 7) NORTH 23 DEGREES 33 1 14" EAST A DISTANCE OF 128 ,60 P'EET; 8) NORTH 37 DEGREES 48 1 14" EAST A DISTANCE OP' 135.68 FEET ; 9) NORTH 04 DEGREES 22'29" li:AST A DISTANCE OF 85 .53 FEET; 10) SOUTH 50 DEGREES 44' 37" EAST A DISTANCE OP 38.18 FEET; 11) SOUTH 37 DEGREES J3'49" EAST A DISTANCE OP 59.61 P'EET ; 12) SOUTH 35 DEGREES 15'19" RAST A DISTANCE 161 .50 FEET ; 13) SOUTH 31 DEGREES 52 1 13" EAST A DIS'l'.ANC!i: OF 130 .89 FEET; 14) SOUTH 26 DEGREES 55•22• EAST A DISTANCE 62 .0 7 FEET; 15) SOUTH 20 DEGREES 42'31" EAST A DISTANCE OF 84 .87 FEET ; TREN NORTH 45 DEGREES 21 131" EAST A DISTANCE OF 1856 .54 PEET TO THE POINT OP BEGINNING . COUNTY OF GARFIELD STATE OF COLORADO C\1235453 • f lev1scd Murch](}(}/ APPLICATION TO LEASE WATER FROM WEST DIVIDE \VATER CONSERVANCYDISTRJCT I. APPLICANT INFOR!\-1ATION Name : Roe and Man Gabossi :,'. .. iling address: 1125 Palmer. Glenwood Springs CO 81601 Telephone: (970) 945-9373 Authorized agent: -~f~=-·1.:~ce Engineering. Inc., Paul Bussone 2. USE OF WATLR 0 RESIDENTIAL (check applicable boxes) ::::: O.·.i·c:-:w usehold us e Number of dwellings : __ _ CJ Subwvision: No. constructed units: No . vacant lots: Well Sharing Agrecmcr.r nr flomeow11ers Association Agreement must be atta ched fo :· :s:, .... ;:d wells. 181 Home garden/lawn irrigation of 5.000 sq. ft . Method of irrigation: 0 flood 181 sprinkler 181 drip 0 other ~No n-commercial animal watering of animals 181 COMMERCIAL (check applicable boxes) Number of units : _i_ T a ta l sq. ft. of commercial units: 20,000 Jl ::~~iotion of use: Offices. mini storage, contractor facilities, 0 INDUSTRIAL Description of use:---------------- Evaporation: Maximum water surface to be exposed: __ _ Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of ~y water withdrawn from the pond: ---------- 0 MUNICIPAL Description of use:---------------- 3. SOURCE OF WATER Structure: --'W-=-=el"'"l _____ _ Structure Name: __,G~a~b:::.:o~ss""-'--i W..:..:....:e::.:;11,__ _________ _ Source : OSurface DStorage igi Ground water Current Permit # _ _,_Nc.:.A-=------------(if applicable) D Direct Pumping: Tributary:. ____________ _ Location :------------------- • Contract #020328RMG(a) Map #427 Approved 3/28/02 4. LOCATION OF Sl'RUCTURE Garfield SE NW County Quarter/quarter Quarter 35 TSS R90W 6'" PM Section Township Range Principal Meridian 2.000' from North Section line and 1.770' from West Section Line Distance of well from section lines Well location address: (Allach additional pages for multiple structures) 5. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) Gabossi Exemption Plat (pending) ---·----··-------- Number of acres in tract: -..::::3~.0!.!:2,__ ____ _ 6 . TYPE OF SEW AGE SYSTEM 181 Septic tank/absorption leach field DCentral system COther District name:. _________________ _ 7. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1.0 (minimum of I acre foot) Leased amount based on diversions unless contractee h 1s an augmentation plan or submits supporting molllhly engi11eering data. Commercial, municipal, and imlustrial users must provide diversion and consumptive data 011 a monthly basis. A totalizi11gflow meter with remote readout is required to be installed at the time the well is drilled and usage reported to West Divide, upon requesL 8. WATER COURT CASE# !!..02~C~W.!.!..!:0;:.5:::..._8 ______ _ ((~-~\___~· Applicant Signature ,,.,..----'\ · /J / _) ,' !• / ----1 -/. t\ ~-/ \______ Applicant siinature c '--------) Date: 'S -\ > -c' ( -- '·. ·--,_. ·--- --:._ .•. • -·------, __ J . i ·-":" ---· ·-,·-._· ... ·-..,~-,,. "'--~--~. . ··' -Y. __ .... ___ _ .. \ · ..... -. .. 1 '•...._ .\·---...._.. . ··-. ,. ,. i I . .,. .: · .. ·;. ..... -:. j;.;;· ..,.~ , ' !r . • ~-.· .· . ·. ~---·. ~ Jt~: 1 . ·' _;_ i .--· . ,;/'"':,i~1 . -·· . . . -·.. '. : re . .. " .. : .... };, :~;;:~:;i •·/ /J' / > Q . " ',,, ·--~l~:;---~ "l;J(t /~ ........... _____ ~_:..:..:..:... __ ·---,_,.,.. -.:' . Gl . ~ .... \.~ ~ ~11!,. '>.: x · 2 e_;:... (. ~:·>"'·: ~ .~~~ {~~ .... ·, .· ~~~.::. ·'-:-... ···J ' . ..,·' f. . .,.. 5 u · .. -'-....... . _ .. ,. ';:>""".". ~~.;. .... . r' / c .... : . J ' '.l!! c: g -.~. :: · . .- -., <:: . . ":" ;r '\ ·~>-.~-.:.~;-: ': -;__. _:, .... ~. D . ·-';-a . -:.:. \ ·-=···· . \\ ... . · .. \·,,·_ \ ... . ·. ; __ ;:;~. ':. ,. -o .r · · .. •:-.· .... ~ .... ·. \ "'· ,, /·:._ . . .~.' T ml OefNfld (1) (2) (3) ("} (5) Oomeetic wtilcle Lawn ~ Montti ln-houla watNng ~ I~ L.Neslodt Janu.y 0 .071 0020 0.000 0.000 0 .000 Feblualy 0 .064 0020 0 .000 0.000 0.000 Mardi 0 .071 0020 0 .000 0.000 0.000 ~ 0 .069 0.020 0.014 0.000 0.000 May 0.071 0.020 O.C1>7 0.000 o.ooo June 0 .069 0.020 0 .070 0.000 0.000 July 0.071 0.C120 0.007 0.000 0.000 AlvJll 0 .071 . 0.020 o.o« 0 .000 0.000 S.plembel' 0069 0.0'20 0.038 0 .000 0.000 OdolJll( 0 .071 0.020 0 .015 0.000 0.000 NovembM 0 .069 0.020 0.000 0.000 o.ooo December 0 .071 0.020 0..000 0.000 o.ooo TOTALS-> 0.840 0.240 Q.3)5 0.000 0.000 (1) NUMee~ OF OFFICES 5 ' peraamloffice 10 ' . 15 ,. (2) ~~Demand (8') 0.240 Vlhiclit WMtiirv (3) Sq . Ft cl lawn lrt1laled 5(XlO I.fin Applloellorl Rn (llflac) 2.675 (4) Hif• cl CfOp Irrigated 0 .00 CIOD AWica tion Rate {afhic) 0.000 GASOSSI WELl WATER REQUIREMENTS (acte feel) (6) (7) (8) Domeetlc Commeidal Con11..1mltt\/ll Use (9) (10) (t 1) Uwn Crop TOTAL . lrHIOUM 0( OCher lrr\;stion lnbtlon ~ 0.091 0.007 0 .002 0 .000 O.oc;Kl . 0000 0.064 o.ooe 0 .002 0 .000 0.000 0.000 0.001 0 .007 0J)J2 O.!XXJ 0 .000 0 .000 0..100 0007 0 .002 0.Q11 0.000 0 .000 0 ,149 0.007 0.002 O.a.«.I 0.000 0000 0.159 0.007 0 .002 o.ose 0000 0.000 0.159 0007 0.002 O.IJS.4 0.000 0 .000 0.136 0007 0.002 O.Dl6 · 0.000 0.000 0.127 0007 l>.()02 O.D30 0.000 0.000 0 .1~ 0007 0 .002 0.012 0 .000 0.(XX) 0.089 0 .007 0.002 0000 0.000 0 .000 0091 0 .007 O.D02 0000 o.ooo 0 .000 f .385 OJl8.4 0 .024 0.244 0.000 0.000 ~umi:i&f"d (51 lof~C 11nM&ld&v 0 (7) '1' cu far OorniMticlCornmere:i-1 10 ~ " L.awn lf'lli . Etflctency 80 c~ of lrrig . (aflac) 2.140 (10) Yi Crop '°'1 · Efflcier1cy so ~ion~ lrrig . (aflac} 0 .000 (9-10) Elwetion (feet) 6000 •(6) ('\2) TOOi ! lncludell 6% 1rmd l..oaa (12) TOTAL 0 .009 • 0.008 0 .009 0.020 o .~ 0.065 0.063 0.045 0.039 0.021 0.009 OOOSI 0.3!2 • • . I a • • Gabossi/~agner Applications LE:GAL DESCRIPTION AREA OF PROPOS£D ZONE DISTRICT AMENDMENT A TRACT [Jr' LAND BEING SITUATED IN THE NIJl/4 OF' SECTION. 25. TO\INSHIP 5 SOUTH. RANGE 90 'JEST Dr THE 6TH P.Hv CCll.INTY DF' GARF"lELD. STATE OF' COLORADO. SAID TRACT Qt LAND BEING MDR£ PARTICULARLY OCSCRIBf:D AS t'OlLO\JS' B!:GINNING AT A POINT F'ROM \IHICH THE NORTH 114 CORNER OF' SAID S£:CTlON 25 BEARS N.to•35·02~E. 1946.07 F'E£:T; THENCE s.a4•1a'28'\I. 105.41 f"[ET; TH£NC£ N.74.56'17'\J. 210.39 PEETJ iHf:NCE: N.69·4~'16'\/, 110.56 rE:E:T; THE:NCE s.12·59•26'V. lOJ.15 rEET; TH£NCE: N.eo•11 1 Sl'V. 128.20 fE:ET; TH£NC£ S.~42'\/. 134.32 FITTJ THENCE: 68.27 FEET AUJt«i THE ARC ar A NON-TANGENT CURVE TD THE RIGHT HAVING A RADIUS OF' 2010.00 fE:E:T~ A CENTRAL ANGLE ar a1·S61 46' AND SUBTE:NDING A DmRD \JHICM BEARS S.66·12·2:rE:. ba.27 n:ET; THENCE S.65.14'00'E. 7SS.22 n:ETJ THENCE N.67.03'c1 .. E. 1~3.63 f'"(£i; TH£NCF.: N.7cro9'0S'E'. 64.CJ9 f"EETJ THENCE N.7517'17~ U9.Ei-t FEET1 THE:NCE N.68.S6'1o/£, 119.42 fEETs THENCE: N.10910'24~\J. 114.23 rEET; THtNC£ S.79.49'36'V. 85.70 F'U:T~ THENCE N~-ao·~v. 80.34 F'£'.E'TJ THENCE 113.34 rtt't Al.ONG 'T\oit ~ tlf" ,,. c~v~ TU 11-£ \..a"T HAVlNG "' RADIUS OF' 35.00 FEET, A C£NTRAL ANGLE OF" 31•39'4za AND SUBTENDING A CHORD 'WHICH BEARS N.74•t0'09W'. 19.10 r£:£TJ THE:NCE N.9n>O'CW\I. 39.lS ~£ET; THENCE 88.08 Fr£T ALONG THE ARC aF' A CURVE TO TME: RIGHT HAVING A RADIUS ct SIS.00 rECT. A CENTRAL ANULE or 09·47-s9• AND SUBTENDING I . CHORD \IHICt-4 B£ARS N.as•o6'01"w. 87.99 F"((T; THENCE N.B0·1e·o1"\I. 56.76 F'EET1 iHE:NCC 110.42 rrrr AL.ONG THE: ARC or A CURVE: TO THE: RIGHT HAVING A RADIUS OF" 65.00 n:e: T. A CENTRAL ANGLE OF' 97•201 09• AND SUBTENDING A CHORD W'HlCH BE:ARS N.31~1·~7"\J. '97.62 F'f:ET; THE.NCE N.$'4 ·08'51-v. 119.BO rrrT TO THE: POIN.T CF BCGINNlNG. SAID TRACT or LAND CONTAINS 285.810 SCJT OR 6.56 ACRES, MD~E a~ LESS. , REVISED Ma~ 2001 • C.ract Map #427 Approved WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT #020328RMG(a) 3/28/02 Name of Applicant : Roe and Marv Gabossi Quantity of Water in Acre Feet: _,_\ '-".O'------------------------------------- Applicant, hereby applies to the West Divide Water Conservancy District , a political subdivision of the State of Colorado . organized pursuant to and existing by virtue ofC.R.S. 1973, §37-45-101, et seq., (hereinafter re fe rred 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 Contract and the attached Application, Applicant hereby agrees to the following terms and conditions : WaterRights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well , it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources . 2. Quantity: Water applied for by the Applicant in the amount set forth 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 said 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 ye ar of storage water 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 will be limited by the priority of the District's decrees and by th e ph ys ical a nd legal availabilil)• of wat e r from District's sources . Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees ma y be in the name of the Colorado River Water ..:Onservation District, and the ability of the District to allot direct flow rig~ (to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at an y time the Applicant determine s it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently 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 use d for the following beneficial use or uses: municipal, domestic and related uses , or commercial (except for commercial use from A ls bury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07- 70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use ofany and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Rued i Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources , and release or delivery of l • • water at such outlet or points shall constitute performance of the District's total obligation . Delivery of water by the Di strict from Rued i Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation . Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom . Furthermo_te, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in '1 1e future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October I ), shall revert to the water supplies of the District . Such reversion shall not entitle Applicant to any refund of payment made for such water. . Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Wa te r Resources to estimate any conveyance losses b~t '-.'. c:::n :i]c original point and any alternate point, and such estimate shall be deducted from thi s amount in each case. 5 . Alternate Point of Diversion and Plan of Augmentation : Decrees for alternate points of diversion of the Di s trict's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunde r. Obtaining such decree is the exclu s iv · "''.':isibility of Applicant. The District reserves the right to review and approve an y conditions which may be attached to judicia l approva ; oi said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands . Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto . Applicant is solel y respons i ble for providing w o rks and facilities necessary to obtain/divert the waters at sai: · -~ r.r: ": '. i ~;v ~-s io r: ::md ddiver them to Applicant's intended tK -~; . i -.' v se. Irrespective of the amount of 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 under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the App i i:::ant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant de \ elop~ and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph I 9 below. In any event, the District shall have the right to approve or disapprove the Applicant's augr !entation plan and the Applicant shall provide the District copies of such pl in and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the D istrict. The initial annual payment shall be made in full, within thirty (30) days after the date of not ice to the Applicant that the initial payment is due . Said notice wil I 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 due and payable by the Applicant on or before each January I . If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail , return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. 2 • • Water use for any part of a water year shall require payment for the entire water year . Nothing herein shall be construed s o a s to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen ( 15) 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 delivery may be immediately curtailed. The allotment of water, as herein made , may be transferred, leased , or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs . The Division of Water Resources may then order cessation of all water use . 7 . Additional Fees and Costs : Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8 . Assi1mment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with , such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit ofland which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to : I ) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then , only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obli~ations under this Contract. Jn no event shall the owner of a portion, but Jess than all, of the Applicant's property to be served under this Co:!tract have any rights hereunder, except as such rights may exist pursuant tc a well sharing agreement or through a homeowners association or special district as provided above . Upon the sale of the real property to which this Contract pertains, Applicant sha\l make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 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 the District; and all amendments thereof and supplements thereto and by all other applicable law. I 0 . 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 . Said agreement may contain, but shall not be limited to, provisions for 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 A.pplicant . 3 • • 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. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12 . Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, 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 or legal fee title interest in or to any water or water rights referred 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. 15 . Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount , which provides water (on the formula of one acre foot per dwelling ) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock , fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Viohtion of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17 . Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request . Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicanfs actual use of water. 4 • • 18. Representations : By executing this Contract, agrees that it is not re ly in g on an y legal or engineering a dvice that Applicant may believe has been received from the District. Applicant further acknowledge s that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes rro guarantees, warranties , or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19 . Costs of Water Court Filing and Augmentation Plan: Should the District. in its own discretion. choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings . Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing . To the extent th a; the D::.1; ict is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the tiling, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees . 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitl e~ "-~. r-;:il ication to Lease Water From West Divide Water Conservancy D istrict" full y completed by A pplicant and approved by the Di s trict's engiilc er. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. A II correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement ~s further terms and conditions of this agreement. 21 . Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DlVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT l S THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS , FILING ST A TEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE . 22. A!.~EA B . CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER R'GHT THAT IS THE SUBJECT OF THIS IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES : THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONL y PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIORRIGHT. NOREPRESENTATIONOTHERWISEISMADEBY T HEDISTRICT. JFTHISISACONCERNTOAPPLICANT,THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHrN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVEJ\:T ALL S UMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. / ·--...... Applicant ) '-- Applicant 5 • ti . ST A TE OF L 0 I 0(.4 J..c ) SS . COUNTY OF 6fNti-t1 J ) The foregoin} instrument was acknowledged before me on this / l( day of .d Pt ,.-c;,l._; W S.ac:'J fUl:u»i · . Witness my hand and official seal. My commission expires: __ q-'-'f._!_o_L.......,1~~"--0_..'.)_---___ _ I I (__,. . .- Notary Public ORDER {j.,L '20_, by After a hearing by the Board of Directors of the West Divide Wate r Conservanc y District on the Application , it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the Di strict. ATTEST: Con.tract: -, By WEST DIVIDE~ President Date _ Th.is Con'ti-ict-i~1cludes and is subject to the terms and conditions of the follow ing documents which must accompany this . -' . 1. Map showing location of point of diversion (use map provided ) 2 . Application and Data Form fully completed and signed 6 Revised March 2001 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 1. APPLICANT INFORMATION Name : Conrad and Marsha Wa2ner Mailing address : 5403 CR 154, Glenwood Sprin2s CO 81601 Telephone : (970) 947-0020 Authorized agent: Resource Engineerin2, Inc., Paul Bussone 2. USE OF WATER 0 RESIDENTIAL (check applicable boxes) 0 Ordinary household use Number of dwellings: __ _ 0 Subdivision: No . constructed units : No . vacant lots: Well Sharing Agreement or Homeowners Association Agreement must be attached for shared wells. 181 Home garden/lawn irrigation of 5,000 sq. ft. Method of irrigation: D flood 181 sprinkler 181 drip 0 other 0 Non-commercial animal watering of animals 181 COMMERCIAL (check applicable boxes) Number of units: -2._ Total sq. ft. of commercial units : 20,000 Description of use : Offices, mini stora2e, contractor facilities, etc. 0 INDUSTRIAL Description of use :---------------- Evaporation: Maximum water surface to be exposed : ___ _ Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ---------- 0 MUNICIPAL Description of use:---------------- 3. SOURCE OF WATER Structure : __ W~e=ll _____ _ Structure Name: --'W"--=a .. 2=n..;:.e=-r ....:.W..;....=.;el:..:..l __________ _ Source: DSurface DStorage 181 Ground water Current Permit# -~N~A~ _________ (if applicable) 0 Direct Pumping: Tributary: ____________ _ Location:-------------------- Contract# ____ _ Map# ____ _ Date activated # ----- 4. LOCATION OF STRUCTURE Garfield SE NW County Quarter/quarter Quarter 35 T5S R90W Section Township Range Principal Meridian 2,200' from North Section line and 2,380' from West Section Line Distance of well from section lines Well location address : (Attach additional pag es for multiple structures) 5. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) Gabossi Exemption Plat (pending) Number of acres in tract: -'3~·::::c5..:;4±;::._ ____ _ 6 . TYPE OF SEW AGE SYSTEM 181 Septic tank/absorption leach field DCentral system DOther District name : __________________ _ 7. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: -=1.~0 ___ (minimum of I acre foot) Leased amount based 011 diversions unless contractee has an augmentation plan or submits supporting montlzly engineering data. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote rt?adout is required to be installed at the time the well is drilled and usage reported to West Divide, upon request. 02CW058 pplicant Signature ~~4aa16 Date :J -J ~ -{) } REVISED May 200 I • • WEST DIVIDE WATER CONS ERV ANCY DISTRICT WATER ALLOTMENT CONTRACT Contract No. Map ID No. Date Activated Name of Applicant: Conrad and Marcia Wagner Quantity of Water in Acre Feet: _,_1 '"".0----------------------------------- Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue ofC.R.S. 1973, §37-45-101, et seq., (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 Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights : Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth 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 said 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 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 will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is avail a ble and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided , Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently 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 commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07- 70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery : Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources , and release or delivery of 1 • • water at su_ch outlet or points shall constitute performance of the District's total obligation . Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau ofReclamation . Releases from other facilities available to District shall be subject to the contracts , laws, rules , and regulations governing releases therefrom . Furthermore, the District hereby expressly reserves 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 ~ervice to the Applicant pursuant to this agreement, is not impaired by said action . Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October I ), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the Di strict's decrees, may call on any greater amount at new or alternate points of diversion . The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case . 5. Alternate Point of Diversion and Plan of Augmentation : Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the 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 App licant's facilities or lands . Applicant acknowledges and agrees that it shall be solel y responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein , and further agrees to indemnify the District from any costs or losses related thereto . Applicant is solely responsible for providing 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 of 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 under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the A pplicant to utilize the w ater allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event , the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board ofDirectors of the District. 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 initial payment shall apply and the price which 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. !fan annual payment is not made by the due date a flat $50 late fee will be assessed . Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. 2 • • Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) 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 delivery may be immediately curtailed . The allotment of water, as herein made, may be transferred , leased , or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7 .. Additional Fees and Costs : Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement oflegal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Ass ignment: This Contract shall not inure to the benefit of the heirs , successors or assigns of Applicant, without the prior written consent of the District's Board of Directors . Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt re garding assignment of Contract rights and the assumption of Contract obligations by assignees and successors . Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts . No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership . In the event the water allotted pursuant to this Contract is to be used for the benefit ofland which is now or will subsequently be subdivided or held in separate ownership , the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association , water district, water and sanitation district or other special district properly organized and existin g under the Jaws of the State of Colorado, and then, onl y if such parties , association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above . Upon the sale of the real property to which this Contract pertains , Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed . 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 the District; and all amendments thereof and supplements thereto and by all other applicable law . I 0 . 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. Said agreement may contain, but shall not be limited to, provisions for 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. 3 • • 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. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder witho ut the prior written approval of the District shall be deemed to be a mater ial breach of this Contract. 12. Use and Place of Use : Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in an y operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, 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 or legal fee title interest in or to any water or water rights referred 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. 15 . Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16 . Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17 . Measuring Device or Meter : Applicant agrees to provide , at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 4 • • 18. Representations: By executing this Contract, agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water avai lable pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19 . Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. 20 . Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "App lication to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by thi s reference incorporated into thi s agreement as further terms and conditions of this agreement. 21. Warning : IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS , FILING ST A TEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPL YING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22 . AREA B . CONTRACTS : IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES : THE AUGMENTATIONWATERPROVIDEDBYTHEDISTRICTUNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT . NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGN A TURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. 5 • • STATE o{o/oCt'> Jo) ) SS. COUNTY oF6"iw£"(_ )d,) l The fore~goi ~ instrumont was "know I edged befme me on thi• / 3 d•y of _/i.___~~--'c)__,"'-----~· 20 ° ::i: by _03/,-e_ _(l c1~/$ . Witness my hand and official seal. My commission expires: __ 9-1/;--';~~'--r-L--':i~_O~o_S-___ _ I I 53., ~~otary~Publ=--i c --/---,{2~~~~..< __ ORDER After a hearing by the Board of Directors of the West D ivide Water Conservanc y District on the Application , it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. ATTEST: Contract: WEST DIVIDE WATER CONSERVANCY DISTRICT By _______________________ _ President Secretary Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this I . Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 6 "•!, _,J'· ..... ·· .... ·:-~ .. · :-~ /;. .. ... =~ . • . -~-· ..... : ' ~-· -.. ·: . .-~·· . ... =· .);~·.;. .. -.· . -: -. ··." . . ·-~: ...... /.··~ ";,· .......... · . ........ :.:.-. ··-·-::· "7 . ~{ ...... I ·.;.: :._· :·-: .... · ... ·:.·:· .. · .. ~~ . ·-... . ··· .. ·. "::!:"' .. ": .-· . J . ..... '~.!°~ . ~:"" '·' .··:.· •• •· •• -> ·._:":::J/?, v. I ...... _ . :. .. ··.: --: _.:_· ·:·.:· ... ~ ...... --.. ·. :; .:.:;:-.·· ~~ ... ·"":· .... . ···.· ,. /·.-· ~: ,•, · . . . _.: ,:_:, . . · .. ' . ~ .. • -:-• ~·: ' • . 7' -. ·' . -··_:·;..· _,_,_. .. ·.· ,-i..-"'"'.· .. ---:-' ~ -. -....... ._,_ . · ... ;.-. .·· ..... :: ·":•·· .= '/. ··: . ~-. !"! -':"-~ . ; ·.... ..: }~ ._ ... :_ "-'-·-----~ .. r . .-.:.·~­ _._ .. ; .-.. ". ~·. ~;.- . ' FEB 27-2001 11 :33 ~T KJN IRON CORP. (. OIST~UCT COORT, WATER OIVtSXON NO . 5 ,.· CG1.Q1'AZ>Q caoe No. 97CWl62 ; : ,.., -. . .. . .. ; ' Illl t'H!: !fA.1'TER. OF THE APPLICAT!ON FOR SURJ'Ac:E WATD. R!GJfT ~ \lATE!l RIGtrr >J1D PLAN FOR A~AT I QN" OF: ~~AT! OP OOltOTlil L. SOWLBS IN c;AR.rI£Lt> COUN'N, COLORADO ; . I . . ' .. I . I ' ! . ' (: L : ' '. ' . I . ' · 1 ~ : ·I Th& abov4i a:nti.t.l&d Application was !iled in .Juiy ·of · 997, ~ndad a.nd was re:rerre<i to the underslqned ~s ~tgr !Reter~ ' ~or Wat~:;:-Oivls.ion No. s, State of CQlo:rado, .by the WAt.cr .:1$.dqe : . ~aid c~-t in accordance vitb Article 9l of Chapt•r 37, colotado f{'. · sed sta~~·~ l97l / kDoWD 4s the water Ri~t Detewnati~ ; Clnd Ad:nin;i..stre.t.ion Act of 196'1. · . . · : ; · . : I ~ The unde:rs.19%1ed :re:rer" bav·ing Jll*d• such in'lfest~at.i<;>ii ' net:At>G4ty to ~eternij..ne whether er not the state111ents in :tno · · applicat:i.cn are · 'trU• and havinQ becol!le :Cl.lll.y advised -.ti th to. the 5\ll:lje<:t JDat-ter of the Amended Awlication does \nere · ttla follovitig daterm.i..odt.ion in thJ.s matt•r, to wit: ~: · · I; l. The sta.temen'Ui in the ~nd«i Application are true~ ~ ! telcphcne nuJ'llber ot Applicant: '. [.: . . ~-2 .~ame1 add~ and J:>orothy t... Sovles c/oTerey OUpr@y, 44523 Hic;hvay 6 Glenwood. Spt'inqs, Estate Administrator co 8160!. I . ': : . ; . I ; 111: I <=./o Si.llie Burchf.ield · · ii. Attorney .for Appll~aot. , . 'l' 802 Grand Av•n~er iui~e 3~5 Glenwood Spr:i.nqs, co 8160~ ; · : 1 >. ::~/$::::._. o! <>ppo•ltion wore tiled on bchal~ o! IJ He Kenni.s e.IlC1 the W'illiesns Candl. C0%11:pQny •• tll• R.uli.ft9. hereiti •d~s•s th~ cc:>n-:=.rn,; of tb~ Opponents. 7he t..l.JDt! for fihng st.at·e111rii~ of OS>f?OSl. t.l..oo ht1$ expired• : '. . ·~I 4-. The Appl.icant requests tta.At the !ollowill9' claiZ!Ui b~ a~· ed; : : !· . l : I '; ; : I : '. ': .. I : P .02 p.2 •. FEB-27-2001 11 :33 PITKIN IRON CORP. 970945021 2 P.03 . RP.r-i!!.1 · 3::; C!S; :J'4p • s•~ss p.3 Page 2 caae lie. g7cw16~ Divis.ion 5 watar court CUI1f· flO. l. s. 6. 8. 9. SUUACZ: WATER R.IC.lrl' Name of Structure: Bovlea-~ivwrs.i.oc som:~e: Th~ .$OU.re~ or the water ls tr<n1 the seepa9e, . and drCl1n41Je i~ Bovl•4" Cltlch, tributary to the ·c:o1o*'adc . i . . : i .July a, !1997 :. ; . . '. ' . A.. n&te ot .initiation of eppropriation: ; i B. Row appropriation was initiated: By consultatio~ wi h pro~a$~ion&l on9i11ee.r and 4.l1 intent to appt"Op~i~te · .. :i c. I>clta ~te'° apPlied tQ bellcficial use: ~t cl.ailned: 0.5 ~.!.s., cond~tional N/A I I . I ! • . : t1' 10. Proposed use! I:>o!Mstic, li~tcck -.rater~. !J.re p-rot~t1oz:i and .st:.or.11c;e in Dowles Pondt wildlife vat~;~q, First ~la.rg · · t. : . rl · 1:. I ~ ~nd ~ace ot QW%14tr o:f land on ..,hich an<!. place of use are located: Applico.nt CLAIM NO •. l point Qf diY ion I I • j . I l . I ! ll. Noe cf struc:ture; Bowles Pond, First Knlarqement lJ. Legal descript~on o! place of s~ora9e: The (;enter. qf Dovles Pond is in ~ection l5, Township 5 · ·. . th, Ral1~e 90. West o! the 6t.h ~. M. , at a point. 1000 ~eat :trt>ID :the west cectiou l.in• an<S l.7SO !••t trom tll• North s~ticm li e ot &Aid S•etion 35. · ; f . 1+. Soure-&! Th• 3ource of the vat.•r t.c !.ill Bovles PoQd l;s . 1 .i;a Bowles Oiver•iOD ..,h.ich c:ollects the spring, run-off emd s~ page w4ter in Ao\ll•~ Cul<"::h, t:ribut•ry to the Colo.redo Jtiver-. ; .. ' I FEB-27-2001 11 :34 ~T K IN IRON CORP. ~ 970945021 2 P.04 S~S-69 :1 ; . : I . Pave l case .tto. 97CWl62 t>ivicion 5 W&'ter cou~ lS.· i:>a.te o! initiation o! appi:-opr-iation: JUly a, l997 i . . I . lloW' a~ropriat.ion was ilU.tat.ed : By conaultat.1011 "1.th ~ i : ~ot91P¥ional arJiotulr and an illtent to appropri«te · : · l . l I i ~to water appl.ied to hene~iai.al use: NIA i . 16. Azount clai.lned1 2. s AF, conditional, with th•. righ.,t ~ 1 i.ll ~cc! refill i~ priority. l7. <Jses clA.1Jned: F1Gh cultu=-e, livectoc:k. ~d wildl.ife 'llfa tw:-i.nq, fire prataetioi:i a.ad auqmen tat.ion. · 18. Surface ClI'.ea of high wate::-line : 0.40 Acres ~ height. ot d&m: l 1 :feet !Anqth of de: . lOS teet i~. To~l ce'P4c:ity: 2.s AE Aet.i~ lfito~g•-: 2 • 5 AP ... ~" storave:-·. -o-· 2 o . ~me and cu;!d.r~·s of O"'ll•r of l&lld ou wh.i.cil suu.ct.~e lo<:at9d: .1\flpliciJJlt C!.A.nr .NO. 1 PLAN roa AUCM£?r:A'l'IOIT r . I : • ! ! ' ~ . ,Smllas ~11 Nos . l•6; said wells 1ii.11 be loc:4ted =cn 1 Appl.ic:a.nt'tJ t50 acres c! l~vnerally loC4ted in : the!· 1- gf Sec:tico 35, ~&hi? 5 , Range 90 West ot the :p.M. and more parti.cul.arly d~i1'c;ri1'.d in aook 20s -.t ~ag6 l' O -~ th@ Gar~i•ld County Clerk and Recorder's Otfi~e. ' i 2 2 • USES TO BE. AUGM!l«TSD = · 11 · I .Domest.ie il)-house use in lO c i ni;l~ family dwellings: ! 23. SOORCE OF AUGM2NTATION WATER: l Storaqe vater in Bo'Wles Pond, First Enl~rqemcnt as appli~ for herein. , i I i . I 111 • 4 FEB-27-2001 11:34 41jKIN IRON CORP. • 9709450212 .. !=14S S P.05 p.S ;1 . . : : case Mo. 97C:Wl52 Divi~ion S "'4ter Court i . I : ; ~ ; PL&ll res. ~ATIOK: I ~ . . . ' 1 . Applieant."s engl.nMr baa deteniined that domestic iri•h " u5e 1.n thUty po) s.ingl• family · '-lnit.s will :;esul.~ in ! u •. · l depl.et.ion t.o ~ Colorado liver ot 1. 20 oc:re :f"t ~or Ji '. : AF per JllO!lth. Depletions ue l:aued cm an occupancy or i~: ; penona per unit u•iD9 of 100 qallon.s o~ v.ter ..-r : p. .. '· per d~y ut.ili:inq septic t4n4ts and l84ch f.ields vh1c:h ~ racu · in C0?1SUJ1Ptive use o: 1 o t. . i · I ~ ; Applicot's ~a.er has also datemitlud that; the !n:~t ; :. ev4po.ratian los~ea 1'.rom UJe tra.rt4ce gt ~id pond is. e:·~··~~ed to be 37.23 inches per yger 48 S:oll~: J&nuary E'~~ March Apill May .June Net ~ration LOC~OS .in M 0.024 0.032 0.06-4 0.11~ O~l&O: 0.200 JUly ---.... ..• 0. 208 ........ .. . "' AUqlat Septeaber ~~r Nov~ Doc:ember 'l'otal 0.176 O.l::ZB o.oeo 0.040 0,024 l.l48 OOllM!ls.Ue Losses in AF O.l 0.1 0.1 O.l 0.1 O.l 0 .. l .... r."j.. j-" .... ~ .... ~ "I •• 0.1 0 .1 0 .1 O.l 0.1 l. 20 Total iILAF I i I ; 0. l 2'&. 0.111 o.~w l . · 1 · 0.21·2 : I: 0.26:0 ~ .i: o. ~o·o : 1 , o. Jo.e : I : 0. ~76 •. ~ . 0. ;2e : I 0. t _BO · 1 ; 0 .14'0 ' f o. ii4 ; • .• :: ~ 44-a ~ •I : At wc:b ~s a1: tharo i.s & val..ic1 "ca11 • on ~any~a '. c):i : or t..~e eol.or&do . River ?ly lJDldars o! aentor vested· vat,et, ~-ts. re:ealia& o! water will be •de tl'Otll lk1wles PoDd, l'irst bl~··•11ent 1.nt.o c4nyon c:nek tc compensate for the depletions ca~~!. ; the doinest.ic U5• 1;1Hi=ribed al>ove and tbe evapora-eiQl2 lessee ~rOZll · .wies PQr.c!, First Enlargement. · · ~~BREE PINDINGS : l. . : .. ; The llderee, havi~ enmiiled the .intoraat1on ~uanii:.t~ . the Applicant, a.od hia~ coiiipleted the investigations n~"~" · · .~o tn4ke 4 dtterzinat.ion .in th.i~ MtUr ,° does therefore concl~~ that thQ clailtS in the ~ve entitied Applic:a.tion shoulQ be,! an~· · : eby cs.::-e, . ~&ntod. a.si :nowri abOva, SUP..J'ECT . HOWE'VD., TO ALI,, , . IER l?R!ORITY QICHTS OF OTHERS and to the i~~c.ion and tabu14._~. n by thQ Divi~ion EnrJiauur of sue~ priori~ies in accoraance '.vith:1 ev. . i I I I I L : :1 •. FEB-27 -2001 11:35 ~TKIN IRON CORP. 97094502 12 P.06 A~~ ~[ 99 05:3Sp ! . I I ; I'. ; i . Po~o 5 case NQ, .97C:Wl'2 Oivi~ion 5 Water Court i ·:I : Appl.icatioii :or cs !'i~ ()! R.casonabl• t>.i.llgene!a · *· ~ hA til~ .in th•. sa-. JDDnth as the o.eree bereu ig entered ; : siX ~rs •.t:t.ar ~ entry ot tne ~:ree herein 60 10119 e.~ App cAnt d.es.i:-•• to ma.int.airi t:be condie.icsnal water r.iqhts hareu ~ . .. . . or \l.D't:il a deurlli~4t.i.o:1 h.&~ bean JUde that. such condlticin4l ; 1;;1ht11 are made absolute by reasoii o! the compl:etioq o~ 1 : the appropriations, ar Are othervi•e disposed ot. ' ! ; . . . The Plan :or Attqmentat.~on .requested rill JlOt .iinj~i e.f f4!Ct the owne.r.5 of or person aotitled. to use weter under 8 ! . watol:' xi9ht or e deer.ea coD<i.lticnAl water r14Jbt, •nd eb.is plt . a~91"'entat..i.on i~ approved in •CCo~dance vi~ C-~.S. 37-~2•3?5 I PursU4.nt U> c.a.s. 37-9::-305(8), Ths State Eng~n•r .. ·the Division £.09inur may l~vfully ~ ?:aquired. W>der the te~ 9 . this R.ul.!.nq to curt.ail out-of-priority cUversiona :tna Appl1c;4n't 'a' ells an~ pond at. uy ·time tfha.n ~he conSUlllpe.i ve w.e ~~socµ~ . "'i th ~l1ca11t's diversion exceed th& n•t &IRO'.lllt of replacement ; ter avail•bl.e under th.i.s p1an .for ~~Ut~. '. ; ·, . Prior · U)-opllt"i:ltioa o! ~· wells for the proposed. ;u'e~~I. wl.l .P6~ts is&ued. pur~uant to c.~.s . 37•90-137(2) end this p~~ ~or a.uqlllen~&l!ion mu.st .De obt:aincd. ; ' · \ ; ' I ~ App.li.c:ant: s.hall d•velop e 1110nthly aceot1l)t..i.J>9 to..""?ll "tis'f · toey to the Oivi.aion lzl9i.n.ettr aDd shal.l keep a m)Dthl.y accinm · · · o:! di v&raioos and depl~t.ions as required by th• Oivi~ion iin~', r. The P.pplicant £hall. i.r:iat&ll suc;h lllOasuri.nq device• 4:s i · y be r:quired l)y the ~.1.Visl.on ~i41~r to tAC:il.it.41:.e ~e 0~4~~ ot thi.s pl4n . f~r ~w;;aent.Ation &114 · A~sw:-e c:ompl.1anee ; he~~ ~. Applicant st\l.ll des.iqnat. a homeowner-representatiYe ~~po~ ible !or !1linq an annual r~rt: v101 tne Div1s1DD Enqin&Q" ~ li r l~th o~ uch year 5ummarizin~ dive.rglons and replacd>etita r JDade und~r thia plan, ; : Noe.h.i.nO here~n $ball requ1re the Willio.ms Canal tom?~ l)ypaS.S vat.er .illto BOVles Gu.l=h !or the purpose ot prov~'d.in~:: tor thfll Bowle5 Divus.ion, lJQwlc= PQnd, 1"irst Enl•rqe.me-nt :and.f. Plan :ro:r Allg1Nnta~ion d~cribed above . some or the water in : a . le& Gulc:b 1aY~ ~st.41 vat.er spilled or derived !rosn. ~ WillJiUls ;¢· nal.. By appropri•tl.:c~ of. seepage, rt1D-off and dra.inage in Sq,.,l:es . -lt:h a5 1;laiined in the Amended Application tiled herein, Appllitant! C1oes n~t cbtll~n .U1e rigOt to compel O\e conc.inua~ion o~ v~a~~ : ater ~~ac:!':~rg~ J..oto the BCNles G~lch by Wi lli~ C:4J1~l crmpany •. : 11.tte wat.er di~ch.u'1Je& by .the Will!.uis can&l Company maybe <1.ijscout: nued o.r altered. in t.iine1 =-:Jtmt., or location 4t cny time for 6ny r• $On. No~inc; hex-ein sMJ.l prB~Ilt Appllc:4nt t::oin 1;41llin'i1 for deliv ' Y o! any ownership int•res~ h~l~ by Applicant as shares ~n ~he wil , f4ms canal c~ny. · ! t ' l p.6 FEB-27-200 1 1 1:35 ~KIN IRON CORP. 9709450212 Ate,. ~l 95 C5:35p -,,;. .. ,., .. ·~" ~-Ito. 97Clll6~ ~ . f • I . I ' ... I• l : : I' ·. ; I I .;: ' . r : ! ' ~ . ·It ia a.ccordix:lgly ORl)Dm that tb...1..s JW.l.iDg 5be 11 w.1.~ th• W.t.et; <:liuk tNbj~ to ~~iu rcvi.ov. .. It is !utthar ORDEUO that a copy ot thi& Ruling ~~l~; ; tiled with the appropriate Divi.aian Eng.ineu-and th• S~-! :'.t1 ; EnA:ineu. , ; . . I . I : natect. ., ·..er 11, 1:~ : ! : ··I ·: ''· i . 1 ':• i : : : . ~ '. ! . n 0. j ;·L . ~- -I : .. t·; ! . . ! ' .:. I ; 1 ; 1 ~~-Qlo..-6 IUrchti&ld Mc:kuni..s ll.c?'111Wlcbta4 '.j . : I ; 0St09LB0L6 P.07 p.7 ., ; . FEB-27-2001 PI TKIN !RON CORP . 9709450212 P.08 ret=' I L ; E D 1 lN W /\Tl~l<. C:i'.j:n" < Uivi~ion r.;u . ;, ~ • JN rm: DJ:;TnJCT COUR 'l' IN i\ND ron WATEll OIVJSTON tlO. 5 l N -rm: HllTrER OF TJIE llPl'l,JC:f\TION FOil w11n:ll llIGIJ'I'!; OF ·LARRY BOWLES IN THE COLORADO R1n;n OT! ITS TRIIlUT/\RIES TllIIlUT/\llY INVOLVED: .!l'i'llTE OF COLOR/100 CJ\Sf; NO. W-1358 ) ) ) ) ) ) ....... : ... ··-········ ................ ---~·· ·······. .,.., rt r 1•111 .. RULING OF THE REFEREE ABSOLUTE D.EX:;RE'E FOR UNDEil GROUND WATER 1,1IGlrrs I~ . GARFIELD COUNTY ' )' ) ) And the Refcre~ havinG made the investigations required by Article 21 of Choptcr 1118 1 C.H.S. 1963, as amended docs hereby mnke the following ruling, to wi .t: This application woG referred to the Water neferee of Water Division No. 5 on the 12th day of July 19'ig__. . -i::- . . Larry Bowles 1. ·Nrune of Applicant · · •d ·'~-819 Grand Ailenue -" uress Glenwood Springs, Colorado 2. The name of the structure is Bowles Well 3. The Lee;nl description of ~he ·structure is : . The well in the NW~ of Section 35, T. 5 S,, R. 90 W. of at a point whence the Northwest Corner of said is located the 6th P. M. Section 35 bears N, 41°47 1 13 11 W. 2010.11 feet. Cf/. 7 8.:?0 . ~ -=-I 'f 9 B. ~ '! /V'O-"f7 A'_ 50 feet, 11. The depth of the well is ?: -= I 3 .3 1. 3 b' :Ft l,V'/!3sr 5. The date of initiation of appropr iation is March 14, 1972. · 6. The umou.nt of water claimed is 0.033 cubiC foot pe;J \5 Cj <:.i\...J"""::,' second of time. ~ ?-!.--·--t-c:.... 7. The use of the water is domes tic, ' 8. The Stnte Engineer's ~umber is 52966. 9. The Priority date is March 14, 1972, 10. The date of the application wae June 30, 1972; It is the ruling of the nefcree that the statements in the application are true and thnt the above de s cribed water right is approved and granted tho indicated priori t y; oubject, however, to all e~rlier priority rights of .others. It is occordinr,ly ordered thnt·t hi o ruling shall become effective upon filing with the Water Clerk, subject to Judicio.l review as provided by law. ~ · Done 9it the City of Glenwood Springs 1 Colorado thil5 /dE._ dny of AY/~/ec= l 97V.. -.· ......... ----,...·~-···- .. .... _: .. ~ ... ·._.:.,.II",:·.··-.. ,. ... ~.-:: ~·-· ., . TOTRL P.08 .-.;.;· ·1.'·i1i;;·~t .. -:••···············lliij--!~·:'.;,';.;· .._..;pg~:-~--~····=·•········•la'<ifi::jj· ~-"li'¥- JOHN C. llEPHAJlT a CO. GRAN~ JUNCTION LAHORATORlfS ---... 39 HoltTM AltKWUK • '"-IC (970) ua-Mt• • lll'All: c•'70) M:l·72:1S • CMIAND .IUNCTl-. COUNIADO 81901 --- Recei'Vftl from: -ANALYTICAL REPORT - Roe A. Ga.bossi 112!.i Pa.lmer Ave. Glenwood Springs, CO 81601 <970)945-0212 FAX, phone 945-9673 5939 C..tiDmn No.-----------LUanlary No. ____________ .s.mp&e __________ _ 2/23/01 2/27/01 Date R.Keived _________________ Date Reported------------------ Sample Total Coliform Bacteria Nitrate<N> LeadCF'b> Conductivity@25 deg C 5939 Water S.ounp 1 e 0 colonies/100ml 0. 00 mg/l o. 000 ing/l 530 umhos/ cm Upper limits for drinking, set by Colorado Dept. of Health must be 0 10.0 mg/l 0.015 mg/l recommended 676 umhos/c:m or less NOTES: Lowest datactabl• levela: Bacteria 1 colcny/100ml, Nitrate 0.01 mg/l, Lead 0.001 mq/l, Conductivity 1 umhos/cm Oiractor: B. B~u•~ a;:• .. 11.w.w MUI.-~ ~o 1:1.:l MAY -29-2002 11 :23 FROM-DIV5WATE~ 9709458 741 ~ T-996 P.002/003 Wed May 2911 :18:05 MDT 2002 COLORADO DIVISION OF WAT!lrRESOURCES F-683 Receipt 9500723 Permit 56101 F Div 5 Basin Engineer DMW Full Name GABOSSI ROCKY Address 1125 PALMER Wd Md User c ·ty GLtNWOOD SPRINGS Telephone (970) 945-9673 Case 97CW162 PermitXRef 39 DMW State co Well Name County 010 BOWLES WELL NO. 2 GARFIELD Q40 0160 Sec Ts Rng Pm NW NW 35 5 South 90 West Sixth 1250 feet from North Section line 960 feet from West Section line ~~i'B-g~jmAGNER EXEMPTION PIN Zip 81601 - Filing Block Lo~ Parcel Size 2 .77 23-2123-352-00-126 Main Activity Interim Status Last Action Permit Issued Permit Expires Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump·1nstall Complete 1st Beneficial Use Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged 07-12-2001 Well pennit issued . 10-04-2001 10-04-2001 10-04-2002 Well pennit issued. Uses HOUSEHOLD USE ONLY AUGMENTAT ION Pump Rate Proposed 15 .00 Actual 0.00 Irrigated Area Elevation 0 .00 0 Pert Casing Top 0 Pert Casing Bottom 0 Water Level 0 Ann Amt 0 .39 0.00 Depth 50 0 Aquifer1 Aquifer2 Driller ALL UNNAMED AQUIFERS UC Pump Installer Statute Meter Log Qual AbReq 1372 Yes No No No Comment Limit use to HUO, be ing 1 SFD and no outside uses. Max use per aug plan is sixty (60) SFD from six (6) wells. Tax Schedule N"umber: 040 337 (totaling 59 .810 acres). . -~~y-=~~~2~~2 .. ~1 :30 FROM-DIVSWAT. Wed May 29 11 :32:1 B MDT 2002 Receipt 9500724 Permit 56102 F Div 5 Basin Engineer DMW t-Ull Name WAGNER CONRAD Address 111 PARK DRIVE Wd Md User City GLENWOOD SPRINGS Telephone (970) 945-6076 Case 97CW162 Permit XRef 39 DMW State co Well Name County Q10 BOWLES WELL NO . 3 GARFIELD Q40 0160 Sec Ts Rng Pm SE NW 35 5 South 90 West Sixth 1500 feet from North Section line 2200 feet from West Section line Subdivi~ion GABOSSI/WAGNER EXEMPTION 9709458741 • T-997 P.001/00 1 ----·-·--··---···. -·-···· ····-. -·-·····- COLORADO DIVISION OF WATER RESOURCES Zip 81601- Uses HOUSEHOLD USE ONLY AUGMENTATION Pump Rate Proposed 15.00 Actual o.oo Irrigated Area Elevation 0.00 0 Perf Casing Top o Perf Casing Bottom O Water Level 0 Ann Amt 0.39 0.00 F-684 Depth 250 0 Aquifer1 Aquifer2 Driller ALL UNNAMED AQUIFERS Filing Block Lot 3 LIC Pump Installer Statute Meter Log Qual AbReq 1372 Yes No No No Comment Parcel Size 20 .85 PIN 23-2123-352-00-126 Limit use to HUO , being 1 SFD and no outside uses. Max use per aug plan is sixty (60) SFD from six (6) wells. Tax Schedule Number: 040 337 (totaling 59 .810 acres). Main AC!IVlty Interim Status Last Action Permit Issued Permit Expires Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump Install Complete 1st Beneficial Use Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged Uf·1Z-ZUU1 10-04-2001 10-04-2001 10-04-2002 vvell permit 1ssuea. Well permit issued . '.!.AY-=~~~z~~z .. ~1 :Z3 FROM-DIVSWAT. Wed May 29 11 : 19:09 MDT 2002 Receipt 9500725 Permit 56103 F Div 5 Basin Engineer DMW r-u11 Name WAGNER CONRAD Address 111 PARK DRIVE City Wd Md User GLENWOOD SPRINGS Telephone (970) 945-6076 Case 97CW162 Permit XRef 39 DMW State co Well Name BOWLES WELL NO_ 4 County GARFIELD Q10 Q40 NE Q160 NW Sec 35 Ts 5 South Rng 90 West Pm Sixth 1200 feet from North Section line 2140 feet from West Section line Subdivision GABOSSI/WAGNER EXEMPTION 9709458741 • T-996 P 003/00 3 -----------------------·------. --------- COLORADO DIVISION OF WATER RESOURCES Zip 81601 - uses HOUSEHOLD USE ONLY AUGMENTATION Pump Rate Proposed 15.00 Actual 0 .00 Irrigated Area 0 .00 Elevation 0 Perf Casing Top O Perf Casing Bottom 0 Water Level 0 Ann Amt 0 .39 0 .00 F-68 3 Depth 250 0 Aquifer1 Aquifer2 Driller ALL UNNAMED AQUIFERS Filing Block Lot 4 UC Pump Installer Statute Meter Log Qual AbReq 1372 No No No No Comment Parcel Size 17 .38 PIN 23-2123-352-00-126 Limit use to HUO, being 1 SFD and no outside uses. Max use per aug plan is sixty (60 ) SFD from six (6) wells . Tax Schedule Number: 040 337 (totaling 59 .810 acres). Mam Act1v 1ty Interim Status Last Action Permit Issued Permit Expires Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump Install Complete 1st Beneficial Use Statement Benet. Use Benef Use (Non-trib) Abandonment Report Well Plugged U/•IL.•L.UUI 10-04-2001 10-04-2001 10-04-2002 vve11 permit 1ssuea. Well permit issued . r. -~ ..... :~. :,~. j ;', j ,. ;~·:· ' ' ' ·. t . RIFLE AREA, COLORADO • • 103 TABLE 7.--BUILDING SITE DEVELOPMENT [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated] Soil name and map symbol I I Shallow excavations 1-----------------:severe : Almy Variant slope. I I 2*: Arle-------------:severe : : slope, : large stones. I I Ansari-----------:severe: slope, depth to rock. Rock outcrop. I I 3-----------------:Moder ate: Ar vada too c l aye y . I I 4-----------------:Moderate: Arvada : slope, : too clayey. I I Dwellings without basements :severe : slope. I I :severe: : slope, ! large stones. I :severe: slope, depth to rock. I I :severe: shr i nk-swell. I I :seve r e: shr i nk-swell . I I Dwellings with basements :severe: s l ope. I I I I :severe: l sl o pe, : large stones. I I :severe: slope, depth to rock. I I :severe: shr i nk-swell. I I :severe: shrink-swell. I I Small commercial build in gs 'Severe: I I I I slope. Severe: slope, large stones. Severe: slope, depth to rock. :severe: : shrink-swell. Severe: slope, shr ink -swell. I I Local roads and streets :severe: : slope, : low strength. I I :severe: slope, large stones. Severe: slope, depth to rock. ,severe: :· shrink-swell, : low strength. I I :severe: : shrink-swell, l low strength. I I I I I I I I 5-----------------:slight-----------:Moderate: :Moderate: l Moderate: l Moderate : Ascalon : : low strength. l ow strength. low strength. : frost action, : low strength. I I 6-----------------:Moderate: Ascalon slope. 7*: Ascalon----------Moderate: slope. I I I Pena-------------:severe: s lo pe , large stones. 8*: : Atencio----------: severe: : cutbanks cave. I I Azeltine---------:severe: cutbanks cave, large stones. 9*. Badland I I 10----------------:Moderate: Begay : large stones. I I 11----------------'Moderate: Begay slope, large stones. 12*: Bucklon----------Severe: depth to rock, slope. See footnote at end of table. I I I I :Moderate: I I slope, low strength . l Moderate: : slope, : low strength. I I I I :severe: sl op e, large stones. I I lModerate: I I slope, low strength . :Moderate: slope, low strength . I I :severe : I I slope. :severe: slope. I I I I I I :s evere: :severe : : slope, l slope, : large stones. : large stones. I I I I I I :Moderate: I I slope, frost action, low strength. :Moderate: : s lo pe, : frost action, : low strength. I I :severe: slope, large stones. I 1 I I I . . I I I lSlight-----------:Slight-----------lSlight------------:Slight. I I I I I I I I I I :Moderate: : large stones. I I lModerate: I I I I large stones. Slight-----------:M oderat e : lModerate: slope. I I :severe: depth to rock, slope. : large stones. I I lModerate : slope, large stones. I I :severe: depth to rock, slope. I I :Moderate: I I large stones. I I 'Moderate: large stones. :slight------------Sl i ght . I I I I :severe: slope. I I :severe: depth to rock, slope. Moderate: slope. Severe: depth to rock, slope, low strength. I I I I I ! I ! i i i I I I l I : I ' ' ~ l I I I i i I I I ' 106 Soil name and map symbol I I • • TABLE 7.--BUILDING SITE DEVELOPMENT--Continued Shallow excavations Dwellings without basements I I Dwellings with basements : I I Small commercial buildings I I SOIL SURVE'r Local roads and streets 43----------------:Moderate: Severe: shr i nk-swell. :severe: 'Severe: :severe : Limon : too clayey. I I : shrink-swell. shrink-swell. l low strength, : shrink-swell. I I I I I I ' I 44----------------i Slight-----------i Moderate: I Moderate: shr i nk-swell. Moderate: s l ope , shr i nk-swell. I Moderate: Morval : i shrink-swell. 45*: : I I I I I I lo w strength, shrink-swell, frost action. Morval-----------:Moderate: i slope. 'Moderate: Moderate: shrink-swell, slope. ,severe: slope. I Moderate: I I I . I I shrink-swell, slope. i low strength, : shrink-swell, : s l ope. I I I I I Tridell----------:severe : : slope , Severe: slope, :se ve r e: slope, :severe: i slope, :severe : i large stones . I I 46----------------:seve r e: Ni hi l l i cutbanks cave. I I 47----------------iSevere: Nihill : slope, large stones. Slight----------- l a r ge stones. : large stones. I I Sl i ght-----------I Sli ght------------ ' I I I ,Severe: Seve r e : :severe : : cu t banks ! slope. sl o pe. J s lo pe. cave. , , I I I I I I I I slope, l arge stones. Slight. Seve r e : s l ope. 48----------------i Severe: :severe: :severe : :severe: ,Severe: Northwater : slo pe. : slope. : slope . i slope. i slope. I I I I I I I I I I 49----------------i Slight -----------iSlight-----------i Sl ight-----------lSlight------------:slight. Olney l : : 1 l I I I I I I I I 50----------------lSl i g ht-----------iSlight-----------iS l ight-----------Slight------------!S l ig ht . Olney : I : 1 I I I I I I I I 51----------------iModerate: :Moderate: i Modera t e: Seve r e: :Moderate: Olney : slope. : slope. : slope. sl o pe . : slope. I I I I I I I I 52----------------:severe: :severe : I Severe : S evere: :severe: Parachute : slope, slope. : slope, sl o pe. s l o pe. i depth to rock. i depth to rock. I I I I I I I I 53*: : : : Parachute--------I Severe: :severe: :severe: : slope' : slope. : slope' Severe: slope. :severe : : sl o pe. i depth to rock. i : depth to rock. I I I I I I I I I I Rhone------------I Moderate: I Moderate: iModerate: Severe: iModerate: : slope, l slope, : s l ope, sl o pe. : slope, ! depth to rock. : shrink-swell. : depth to rock, l frost act i on, , l shrink-swell. : shrink-swell. I I I I I I I I 54----------------l Slight-----------:Slight-----------iSlight-----------,Sl i ght------------:Sl i ght . Pot ts : : : l : I I I I I I I I I I 55----------------iSlight-----------iSlight-----------iSlight-----------iModerate : I Slight . Potts : : : : slope. : I I I I I I I I I I 56----------------iModerate: iModerate: lModerate: 'Severe: 'Mod ·erate: Potts : slope. : slope. : slope. slope. slope. I I I I I I 57•: : : : Potts------------iSlight-----------iSlight-----------iSlight----------- 1 I ' I I I I I I I I I I Ildefonso--------I Severe : :severe: :severe: large stones. large stones. large stones. See footnote at end of table. Moderate: slope. Severe: slope, large stones. Slight . ~ Severe: large stones. LE AREA, COLORADO • • TABLE 7.--BUILDING SITE DEVELOPMENT--Continued Soil name and map symbol Shallow excavations ' 59*: : i t ts------------:severe: : slope. I I Lde fonso--------:severe: : slope, : large stones. I I , 61------------:severe: ~on e slope. . : oc k outcrop. o rriorthents. I I ----------------:Moderate: il as : floods. I I ----------------:severe: anna slope. * or rifluvents *: ·o rriorthen ts. :amborthids. :eek outcrop • .. : 'o rriorthents. tock outcrop. Dwellings without basements Severe: slope. Severe: I slope, I large stones. I I I :severe: slope. ' I :severe : : floods. ' I :severe: slope. I I Dwellings with basements I I :severe: I slope. I I I :severe : I slope, I I large stones. I I I 'Severe: slope. ,severe: : floods. ' I 'Severe: slope. Small commercial building:s I I I I :severe: I slope. I I I :severe: I slope, I I large stones. I I I :severe: slope • I I :severe: : floods. I I . :severe: : slope. l ----------------Slight-----------\Slight----------- l ale , Slight-----------Moderate: , slope. )----------------Moderate: /ale slope. J----------------Severe: ial e slope. 1 *: ~ill a Grove------Severe: slope. Zol tay-----------Severe: slope. 2 ----------------Severe: Wann wetness. ' I :Moderate: I I I I slope. :severe: slope. I I :severe: : slope. I I ' I :severe: I I slope, shrink-swell. :severe: floods. ' I Moderate: slope. :severe: slope. I I I I :severe: : slope. I I I I :severe: I I slope, shrink-swell. :severe: floods, wetness. I I :severe: slope. ' ' :severe: slope. ' I I I :severe: : slope. ' I I I :severe: ' I slope, shrink-swell. :severe: floods. Local roads and streets I I :severe: I slope. I I I :severe: I slope, I I large stones. I I I 'Severe : slope. Severe: floods. 'Severe: slope, low strength. I I I I I I :Moderate: : low strength. ' I 'Moderate: slope, low strength. Severe: slope. ,severe: : slope, : low strength. I I :severe: I I slope, low strength, shrink-swell. J Severe: l floods, frost action. * See description of the map unit for composition and behavior characteristics of the map unit. 107 • • 108 SOIL SURVEY TABLE 8.--SANITARY FACILITIES [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," "good," "fair," and other terms. Absence of an entry indicates that the soil was not rated) Soil name and map symbol Septic tank absorption fields I I I 1-------------------:severe: Almy Variant : slope, i percs slowly. I I I I 2*: Arle---------------:severe: : slope, l depth to I I I I Ansari-------------:severe: Rock outcrop. I I I I slope, depth to 3-------------------:severe: rock. rock. Arvada : percs slowly. I I 4-------------------:severe: Arvada i percs slowly. I I Sewage lagoon areas I I I :severe: slope . I I I I :severe: I slope, I I large stones. I I I I I :severe: slope, depth to I I :Moderate: i slope. I I :severe: l slope. I I rock. I I I I 5-------------------iSlight-----------'Severe : Ascalon : seepage. I I 6-------------------lModerate : Ascalon slope. 7 •• I • I Ascalon------------lModerate: : slope. I I I I Pena---------------'Severe: slope, Severe: slope , seepage. ,Severe : l slope, l seepage. I I :severe : : slope, large stones. : large stones. 8*: I I I I Atencio------------Slight-----------: severe : Azeltine-----------Severe: 9*. Badland I I I I I large stones. 10------------------iModerate: Begay : large stones. I I 11------------------lModerate: Begay l slope, l large stones. I I 12*: : Bucklon----------~-:severe: depth to rock, , slope, : percs slowly. I I See footnote at end of table. : seepage. I I 'Severe: seepage, large stones. Severe: seepage. ,severe: I slope, I I seepage. I I I I I :severe: depth to rock, slope. Trench sanitary landfill I I I :severe: slope. ' I : Severe: I slope, I I depth to rock. I I I I I 'Severe: slope, depth to rock. Moderate: too clayey. Moderate: too clayey. Severe: seepage. Severe: seepage. Severe: seepage. ,severe: I I large stones. Severe: seepage. Severe: seepage, large stones. :severe: I seepage. I I I :severe: seepage. I I I I :severe: depth to rock, slope. Area sanitary landfill Severe: slope. ' I :severe: slope. I I :severe: I I s ·lope. Daily cover for landfill I ' I 'Poor: slope. Poor: slope, large stones, area reclaim. Poor: I slope, thin layer, area reclaim. :slight-----------Fair: : too clayey. I I :Moderate: : slope. I I I I :severe: : seepage. I I :severe: I I seepage. :severe: : seepage. I I I I :severe: I I I I slope. Fair: slope, too clayey. ,Good. I I lFair: slope. I I I I 'Fair: slope. Poor: slope, large stones. iSlight-----------Severe: : , large stones. I I I I 'Severe: 'Poor: seepage. seepage, large stones. Severe: Fair: seepage. large stones. I ,Severe: lFair: seepage. I slope, I I large stones. I I I I I I I :severe: lPoor: slope. thin layer, slope, area reclaim. ·I ..------------------------------------------------------------• , 12 SOIL SURVEY TABLE 8.--SANITARY FACILITIES--Continued Soil name and map symbol I ' I Septic tank absorption fields 54, 55--------------IModerate: Potts : percs slowly. ' I ' I 56------------------'Moderate: Potts slope, percs slowly. 57*: Potts--------------Moderate: percs slowly. Ildefonso ----------1 Severe: slope, large stones. §8*: ' I Potts--------------I Severe: : slope. ' I Ildefonso----------'Severe: slope, large stones. 59*: Potts--------------Severe: slope. Ildefonso----------Severe: slope, large stones. 60------------------Severe: Rhone depth to rock, slope. 61------------------Severe: Rhone depth to rock, slope. 62*: Rock outcrop. Torriorthents. 63------------------Severe: Silas floods. 64------------------Severe: Tanna depth to rock, 65*. Torri flu vents 66*: Torriorthents. Camborthids. Rock outcrop. 67*: Torriorthents. Rock outcrop. ' percs slowly, slope. See footnote at end of table. I ' I Sewage lagoon areas I Moderate: : slope, : seepage. I I :severe : I slope. Severe: slope. Severe: slope, seepage. Severe: slope. :severe: slope, seepage. I I I I :severe: : slope. I I :severe: : slope, : seepage. I I ' I :severe: : slope. ' I ' I :severe: slope. Severe: floods. Severe: depth to rock, slope. Trench sanitary landfill Area sanitary landfill I ' Daily cover for landfill I I Slight-----------ISlight-----------'Good. ' I ' I ' I I I Slight-----------'Moderate: slope. Fair: slope. :slight-----------Slight-----------Good. I I I I lSevere: ' I I I large stones. I Moderate: : slope. I I 'Severe: large stones, seepage. Seve r e : slope. Severe: , s lope, : large stones, : seepage. I I :severe: depth to rock. Se ve re: slope, depth to rock. Severe: floods. Severe: depth to rock, slope. I I Moderate: slope. :severe: : slope. ' I :severe: : slope, ! seepage. I ' I :severe: : slope. I I :severe: : slope, : seepage. ' I ' I :severe: ! slope. I ' I :severe: slope. I I :severe: : floods. I I :severe: slope. ,Poor: I I large stones. I Poor: : slope. I I I Poor: slope, large stones. Poor: slope. Poor: slope, large stones. I Poor: l slope . ' I ' I lPoor: I I slope. :Good. I I :Poor: slope, thin layer, area reclaim. .E AREA, COLORADO • TABLE 8.--SANITARY FACILITIES--Continued >o i 1 name and map symbol I I I Septic tank absorption fields -----------------:Moderate: l e : percs slowly. I I I I -----------------:Moderate: l e : slope, : percs slowly. I I ·-----------------:severe: ol e slope. •· I .l la Grove--------:severe: l slope. I I I I oltay-------------:severe: l slope, : percs slowly. I I ------------------:severe: ann wetness, floods. Sewage lagoon areas I I I I Moderate: I seepage, I I slope. I I I :severe: I slope. I I I I I :severe: slope. I I I I I I :severe: I slope, I I seepage. I I I :severe: I slope. I I I I I :severe: seepage, I wetness, I floods. I Trench sanitary landfill I I I 'Moderate: too clayey. Moderate: too clayey. ,Moderate: I slope, I I too clayey . I I I I I 'Severe: seepage. Severe: too clayey. ,Severe: floods, wetness, seepage. • Area Daily cover sanitary for landfill landfill I I I I :s1ight-----------:Fair: I I too clayey. I I I I I I I I I I I Moderate: :Fair: I slope. I !\lope, I I I I too clayey. I I I I I I :severe: :Poor: slope. slope. I I I I :severe : :Poor: I slope, I slope. I I I seepage. I I I I I I I :severe: :Poor: I slope. I slope, I I I I too clayey. I I I I I I :severe: lGood. floods, I wetness, I I seepage. I I I • See description of the map unit for composition and behavior characteristics of the map unit. 113 • July 9 , 2001 Ms Kit Lyons Garfield County Planning Department 1 09 gu. Street Glenwood Springs , Co 81601 Dear Ms. Lyons • I met with Mr. John Taufer concerning an 80 acre parcel ofland west of the proposed New Creation Church on Hwy 6 formerly known as the Bowles property. Three new homes are proposed to be built and one existing home will be remodeled on this .80 acre site. We believe this property is in the Glenwood Springs Rural Fire Protection District, however, a verification of that fact should be completed. We are assuming this acreage will be reviewed as a subdivision exemption. As you know, water and access are our primary concerns when reviewing building projects. Our response to this area is lengthy and water supply for fire suppression is very scarce. While not a requirement, it would be very prudent to install water tanks and /or residential fire sprinklers systems to minimize these obvious haz.ards . We would like to review and comment on any home over 3500 sq. ft. that could potentially be built in this area. If there are any other questions concerning these comments, please feel fre e to contact me at 945-4942 . Sffimcly1t:K Michal /.~iper, Fire cT Glenwood Springs Fire Department cc : John Taufer 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-4942 FAX 970/945 -6040 id3a 3HI~ aOOMN310 vs:st lS-6S -LS • • Gabossi Subdivision Exemption -Adjacent Property Owners Norman Hansen P.O . Box 702 New Castle , Colorado 8164 7 New Creation Church of Glenwood A Colorado Non-Profit Corp. P.O. Box 1996 Glenwood Springs, Colorado 81602 Colorado Department of Transportation Attn: R.O. W. Staff 222 South 6th Street Grand Junction, Colorado 81501 Bureau of Land Management P .O . Box 1009 Glenwood Springs, Colorado 81602 NCIG Financial , Inc. Attn: Rushton 0 . Backer P .O. Box 5460 Playa Del Rey, California 90296 Kathryn Williams 305 Maple Street Glenwood Springs , Colorado 81601 US Bank National Association Attn: Trust Real Estate 950 1 J1h Street Suite 615 Denver, Colorado 80202 Thomas Gambrel 0319 County Road 138 Glenwood Springs , Colorado 81601