HomeMy WebLinkAbout4.0 BOCC Staff Report 08.05.1996PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
BOCC 12/4/95
8/5/96
An exemption from the definition of
subdivision.
William & Nancy Flood
A tract of land located in Section 3, T7S,
R89W of the 6th P.M.; approximately 4.5
miles south of Glenwood Springs on CR 117
(Four Mile Road).
6.07 Acres
Well
Individual sewage disposal system
Direct access to CR 117 along a shared
driveway.
A/R/RD
O/S - West
A/R/RD - North, South, East
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located in District - lb Subdivisions/Moderate Environmental Constraints as
designated by Garfield County Comprehensive Plan's Management Districts Map. (The
original application was made prior to the adoption of the new Comprehensive Plan for Study
Areal.)
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located south of Chelyn Acres subdivision,
immediately west of CR 117, approximately 4.5 miles south of Glenwood Springs.
An existing single family dwelling, accessory dwelling unit and garage are located on
the eastern portion of the tract. The topography rises from Four Mile Creek (elevation
Aik
6360 feet), which flows through the eastern portion of the property, up to
approximately 6800 feet, an average slope of 43%. From the creek to the existing
structures, slope has been calculated to be 19%, above the house slope has been
calculated to be 48%. The vegetation of the lower portions of the property consists
of shrubs, grasses and deciduous trees, whereas the upper portions of the propert are
primarily vegetated by shrubs, grasses and sage. See vicinity map on page
B. Adjacent Land Uses: Single family dwellings predominate in this area, as Chelyn
Acres is located to the north, Lazy Diamond A Subdivision is located to the east and
a number of smaller residential tracts are located throughout. Bureau of Land
Management owns lanhich abuts the western portion of the applicant's land. See
sketch map, page
C. Project Description: The proposal specifies the division of the 6.07 acre tract into
two (2) parcels of four (4) and two (2) acres in size. The application indicates the
petitioners intend to sell the larger lot which would consist of the existing structures
and retain the smaller lot for the location of a new, single family dwelling.
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County
road or railroad) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in 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; "
The subject property existed as a larger tract of 11.7 acres in March, 1972, which
was later subdivided, by exemption, in Oc ober, 1972, creating two (2) parcels. See
Petition and Resolution on pages / - ap • licants acquired the northern
parcel in February, 1977. See deed on pages • Therefore, it appears this
request is consistent with Section 8:52 (A) of the Subdivision Regulations.
B. Zoning: The property exists within the A/R/RD zone district which mandates a
minimum lot size of two (2) acres. Both proposed lots are in excess of two (2) acres.
Originally, staff was concerned that the proposed lot configuration would result in a
violation of Section 5.04.03 of the Zoning Resolution. However, the submittal of a
preliminary exemption plat indicates that each proposed lot would consist of at least
one (1) contiguous acre of less than 40% slope.
C. Lot Design/Development: The design of the smaller parcel includes a narrow strip
of land which runs the length of the northern border of the property. If this is
necessary to create a parcel that is a minimum of two (2) acres, required by the
A/R/RD zone district, then it is questionable whether this is a viable split. Staff has
calculated the square footage of the eastern portion of the property, exclusive of the
narrow strip of land, and found it to be 1.63 acres in size. It has been represented to
staff that this strip could be utilized as an electrical utility line easement to bring
power from the main line, located west of the existing structures, to the proposed,
two (2) acre lot. This possibility would assist in validating the irregular lot
configuration and staff suggests the Board consider making the use of the easement,
for the specified purpose, a condition of approval.
D. Water: The existing structures are served by an existing well, pursuant to Water
Court application No. W-3570, which granted a water ri ht m eting the criteria of an
exempt, domestic well. See case No. W-3570, pages . The water supply
for the proposed lot is the subject of a West Divide Water Conservancy District water
allotment contract and recently approved augmentation plan in Water Court
Judgement and Decree, No. 94CW344. See Decree, pages'/ • �Z . Apparently,
the Decree validates the West Divide contract and therefore, would enable the
petitioner to apply for, at a minimum, a household -use only well permit for the
proposed lot, as this Decree sets in place the augmentation plan. Staff recommends
that, as a condition of approval, the petitioner receive all necessary permits, complete
the new well, provide the well completion report along with the results of a four (4)
hour pump test, and a statement from the well -driller that the well is capable of
supplying the intended uses. This shall be done prior to final approval.
E. Sewer: The method of water treatment for this proposal is specified to be the use of
an ISD system. According to the Soil Conservation Service, soils on-site where the
system would logically be placed, are identified as being within the Cochetopa and
Fluvaquent classifications. Both soils have severe limitations regarding the placement
of ISD systems and carry the severe designation for building site development. Staff
would recommend a plat note be included to address these limitations. State
regulations concerning ISDS require that placement of ISDS be on slopes no greater
than 30%.
Apparently, the double garage and accessory dwelling unit (ADU) were built after the
original ISD system was installed; however, the ADU was also plumbed to the
existing septic tank. According to research by staff, the tank size is unknown and the
leachfield was incre d to between 600 square feet and 840 square feet. The
diagram on page indicates that the new leachfield may be located on a
portion of the proposed lot and it is difficult to state exactly where the existing septic
tank is located, as the diagram is not drawn to scale. This is an issue because new
state regulations do not allow a combined flow rate in excess of 2000 gallons per day
from two systems placed on one (1) lot, no matter the size of the lot. It is conceivable
that if the existing tank is located on the proposed lot, then the combined flow rate
would be in excess of 2000 gpd. As a condition of approval, staff recommends the
petitioner demonstrate compliance with the note 'te ' nd that all setbacks can be
met. See additional ISDS information, pages Additionally, it would be
required to designate easements for any and all components of the existing septic
system that would be located on the proposed lot.
F. Fire Protection: Two letters by the Glenwood Springs Department of Emergency
Services have been received indicating that the tract to be subdivided by exemption
ma create roblems in the event of an emergency. See letters attached on pages
y� � Staff recommends a plat note concerning wildfire mitigation be
included.
G. Legal Access: Access to CR 117, for the parcel to be created, would be along a
driveway which currently serves the existing residences and a neighboring parcel,
which crosses over an adjoining piece of property. An easement for access to the
existing residence would be necessary as the driveway would cross the larger parcel
and the adjoining parcel. This easement shall further demonstrate that the easement
has been expanded to include the new lot.
H. Easements: All easements regarding access, utilities, drainage, water supply and any
additional easements would be required to be shown on an exemption plat.
I. School Impact Fees: The applicant would be required to pay the $200 school impact
fee for any new lot that is created, prior to signing of an exemption plat.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3 That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends approval of the petition, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the date of conditional approval, if requested
by the petitioner within the original 120 day period.
4. That the applicant shall submit $200.00 in School Impact Fees for the creation of the
exemption parcel.
5. That the following plat notes shall appear on the Final Exemption Plat:
"The legal water supply for this exemption is subject to curtailment if the contracts
supporting the substitute water supply plan are not renewed."
"The augmentation plan supporting the legal water supply for Parcel B, set forth in
Case No. 94CW344, is subject to reconsideration on the question of vested water
rights, after a period of five (5) years, commencing on the date specified in the Order
of Adjudication of Case No. 94CW344."
"Soil conditions on the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS and building needs on the site."
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
6. Final approval will be contingent on receiving a letter of approval from the Glenwood
Springs Department of Emergency Services, prior to the signing of an exemption plat.
Furthermore, the applicant will be required to adhere to all recommendations made
by said department.
7. Control of noxious weeds will be the responsibility of the property owner.
8. That, prior to the authorization of an exemption plat, the petitioner shall provide to
the Planning Department a copy of the fully -executed (signed by all parties)
Judgement and Decree in Case No. 94CW344, a copy of a valid well permit for the
proposed lot (2 acre lot), a copy of a well completion report for the well proposed for
this lot, the results of a four (4) hour pump test, and a statement by the individual
conducting the pump test that this well is capable of serving the proposed use.
9. The exemption plat shall clearly demonstrate the location of the existing individual
sewage disposal system (ISDS) and the configuration of both lots will be done in such
manner as to comply with all required setbacks. This shall be accomplished by the
designation of a building envelope, on Parcel B (the 2 acre lot). The plat shall also
be required to show the actual location of the well on Parcel B and demonstrate that
all required setbacks are met.
10. That the electrical utility be brought onto the two (2) acre lot via the 25 foot wide
strip of land located along the northern portion of the larger, four (4) acre lot.
OIMMIND
6,
rr
i)
vw
1
;x65/6,
1 1 6<00
lid 10,l
217
1 5940, •;}
n
,
1 • 8030 jj
• t;Gla
)II
7930
7055
6844%. ._
l
J/
783
6489
�1
JX
1 )! 7855)
XA
\
\ 9
6600
684/
0
m
'7056
o 00
0
7364
o I
0f
.1•
•
i
7073
"p
7464
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTIONS
Pursuant to C.R.S. 106-2-33(3) (d) (1963), as amended, the undersigned,
Terry C. Wallin and Lynda B. Wallin petition the Board of County Commissioners of
Garfield County, Colorado, to exempt by Resolution a parcel of land adjacent to
land owned by them, all as more fully set forth and described herein, and for
the reasons set forth herein:
1. On or about March 24 , 1972 Petitioners entered into a Contract
of Sale and Purchase with Patrick M. Fitzgerald and Marilyn A. Fitzgerald to purchase
approximately 11.70 acres located in the SWkSWk of Section 3, Township 7 South, Range
89 West of the 6th Principal Meridian, Garfield County, Colorado as described in
Exhibit A attached hereto and outlined in red.
2. On June 30, 1972 the Petitiorers obtained a deed for saicproperty and
executed a note and deed of trust in favor of the Sellers.
3. Your Petitioners desire to divide the subject parcel into two parcels,
each will be 5.00 acres or more, and each of which will have direct: access to Four
Mile Road. The survey has not yet been completed but the approximate location of
the proposed boundary line is indicated in a dotted line on Exhibit A.
4. Your Petitioners desire to construct a single family residence on the
Northerly side of the proposed division line and for that purpose a water well was
drilled on August 29, 1972, which well has been measured to produce 25 gallons per
minute.
5. Petitioners have obtained a permit from the County Sanitarian of Garfield
County, Colorado for the location of an acceptable septic system on each of the above-
described parcels.
6. The existing well of Petitioners, a well drilled by the Fitzgeralds,
prior to and within one-quarter of a mile of the Petitioners well, together with
the general availability of underground water in this area causes Petitioners to
assert that adequate, potable water should be available to the subject tract.
WHEREFORE Petitioners request that the Board of County Commissioners of
Garfield County, Colorado grant them an exemption to sell the above-described
Southerly parcel. Which parcel shall contain not less than 5.00 acres nor more
than 6.7 acres.
Dated at Glenwood Springs, Colorado this 2nd day of October , 1972.
Vit Terry C. Wallin
hti r;�,� `Ii0(G '/7I1.
Lynda B. Wallin
OEN-
-2-
7) i
RESOLUTION
WHEREAS, Terry C. Wallin and Lynda B. Wallin have petitioned the Board of
County Commissioners of Garfield County, Colorado, for an exemption for a five -acre
tract of land under C.R.S. 106-2-33 (3) (d) (1963 as amended); and
WHEREAS, the petitioners have shown to the satisfaction of the Board of County
Commissioners that they desire said exemption for said five acres for purposes of
resale, said five acres presently being a part of a larger tract of land owned by
petitioners, and whereas petitioners have demonstrated to the satisfaction of
the Board that there is a reasonable probability of locating a water well on said
five -acre tract, that there is adequate ingress and egress to said tract, and that
location of septic tanks will be permitted by the Colorado Department of Health, and
that the separation from Petitioners' land of said five -acre tract is not reasonably
within the purposes of the Subdivision laws of the State of Colorado or the County of
Garfield and therefore said tract should be exempt from the definition of the terms
"subdivision" and "subdivided land" as set forth in C.R.S. 1-6-2-33 (3) (d) (1963
as amended).
NOW, THEREFORE, upon motion of — / �/ seconded by
?4±2 /Pa V/ and unanimously carried, said five -acre tract of land, being
described as follows:
(description of Southerly parcel to be supplied)
is hereby exempted from such definition and transfer of said tract may be made by
Terry C. Wallin and Lynda B. Wallin. A copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
FEB 2 3 1977
Recorded at o'clock
Reception No. 2 69G9 _ -.! f •! -., ,
Wiretarl/y (ley/
KNOW ALL MEN BY THESE PRESENTS THAT
TERRY r_ WALLIN and _LYNDA B. WALLIN
First Party
• 61 t... sband and w:re
i.a Rnya l Apartments. Highway_ 31 ❑ Ur.gte person
P.O. Box or Street Address 0 a Colorado Corporattsn
Petoskey. Michigan 49770 p a Partnenhlp
City State Zipp i_m o
a �.. I�.w o«•....tic
for and In consideration of ten dollars and other valuable considerat ion. in hand paid, hereby sells and contreys to
z d;
.,;r44S)3 WE/19
order
RECORDER
Sint i s
'' WILLIAM L. FLOOD and NANCY C. FLOOD
Second Party
4339 Road 117
P.O. Box or Street Address
t 1 t n innd Springs . Cnlorado 81601
City . ,`, State Zip
the following described property in the County of
Rarfimld
•D Individually
IN joint tenancy
o tenancy In Common
p a Colorado Corporation
o a Partnership
0 a Limited Partnership
and State of Colorado:
PARCEL A
A parcel of land situated in the SW1/4SW1/4 of Section 3, Township 7
South, Range 89 West of the Sixth P.M., lying Westerly of the Westerly
i.right-of-way line of the Four Milra Creek County Road as constructed
,and in place and Easterly of the Westerly line of said Section 3,
,said parcel of land is described as follows:
Beginning at a point on the Westerly line of said Section
3 whence the Section Corner common to Sections 3, 4, 9
and 10 in said township and range bears: S. 01°01'32" E.
970.20 feet; thence N. 01°01'32" W. 220.43 feet along
the Westerly line of said Section 3; thence S.
89°30'00 E. 792.95rfeet; thence S. 52°56'57" E.•
with all its appurtenances and warr5a�f?t til � to he same, except and subject to general property taxes for the
current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or
private nature and planning, zoning aril other governmental rules and regulations, prior mineral
-reservations, protective covenants and a Deed of Trust to secure a note in the principa
sum of $50,000.00 payable to United Mortgage Company dated April 1, 1975 recorded in
Book 472 at Page 497 o° the Garfield County records, which the second party assumes
and a rear to v. Firat party warrants that the current balance due is $49,243.84.
SIGNED this !Q 'day of V. hritary A D 19 ZZ_
STATE OF 4?-i‘.7/Yl k -1 -
COUNTY
1 -
1 ss.
COUNTY OF
•
Tera ` ll�i �ttusband
Lynd4/B. Wallin - wife
The foregoing instrument was acknowledged before me this (' day of Prshrilarir
19 77 by Terry C. Wallin and Lynda B. Wallin, husband and wife.
Witness my hand and official seal.
My commission expires:
•
NOTE: = '
• Mark abpUabl. aqua,. with.. —
8lneular d,aI,rneluda plural .t cont.fP requires.
) Jr'zL1.L--
•
Notary Public
K. i.. RA 'IA
Notary Publ,c, ri^mrl C- ., Mich.
MV Comnncs in r.p'^c .1u{ 1. 1^79
6s1 onict Ikdress, Yelossey, Mi,h. 491/0
PETRE. ZIMMERMAN ti SHELTON P.C. — Form 1
-w 1
•
t
oavuoioa JO 31VJs
-1
O
BUUK493 PACE720
318.94 feet to a point on the Westerly right-of-way
line of said road; thence S. 12°58'10" W. 190.69
feet along,the Westerly right-of-way line of said road;'
'thence N. 73°33'45" W. 350.42 feet; thence N.
84°23'00" W. 667.83 feet to a point on the Westerly
line of said Section 3, the point of beginning.
PARCEL B
A 20 foot road easement said road easement being 10 feet on each side
of the followinj described centerline:
Beginning at a point on the Southerly line of Parcel A
whence the Section Corner common. to Sections 3, 4, 9
and 10 in said township and range bears: S. 38°39'00" W.
1135.10 feet; thence along said centerline S. 15°00'00" E.
181.58 feet; thence S. 84°00'00" E. 150.00 feet;
thence S. 17°00'00" W. 107.00 feet; thence S. 28°00'00" W..
122.00 feet; thence N. 65°00')0" E. 58.35 feet to a
point on the westerly right-of-way line of the Four
Mile Creek County Road.
l3
Asir
SEO-ITP LTJ 5 TEL:303-945-5005
Nov 29 95 14:18 No.005 P07
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. W--3570
IN THE MATTER OF TUE APPLICATION
FOR WATER RIGHTS OF
WILLIAM L. FLOOD
IN THE ROARING FORK RIVER
O1; ITS TRTBUTARII:S
TRIBUTARY INVOLVED: FOURNILE CREED)
IN GARFIELD COUNTY )
FILED
IN «'ATL:; COURT
Division N,,. 5
9.7V'E OF FOLOPADO
wATetl CI.Cr.'
RULING OF REFEREE
nt isK"trrY
The above entitled application was filed on December 2, 1977, and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the 13th day of January,_
1978, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes
1973, known as The Water Rights Determination and Administration Act. of 1969.
And thn undersigned Referee having made such investigations as are ne-
cessary to determine whether or not the statements in the application are
true and having become fully advised with respect to the subject wetter, of
the application docs hereby make the
the Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is Flood Water Wel,I.
3, The name of the claimant and address is William L. Flood; 4339 Court,
Road 117; Glenwood Sprints, Colorado.
4. The source of the water is a well having a depth of 115 feet, and
being tributary to Four Mile Creek, tributary to the Roaring Fork River.
5. The well is .located in the SU SWt of Section 3, 1'.7S. R.89W. of
the 6th P.M. at a point 1120 feet North of the South line and 680 feet East
of the West line of said Section 3.
6. The water is claimed for domestic purposes; however, permit No.
63726 was issued by the Office of the State Engineer on August 28, 1972,
subject to the following "conditions of approval";
This tac.11 shall be used in such a way as to not cause material injury
to e:cist.in, water rights, The issuance of this permit does not assure the
applicant that no injury will occur to another vested nrF,Ler right or pre-
clude another owner of a vested water, right from seeking relief in E, civil
court action.
following determination and ruling as
Approved for household use only, for one (1) single Emily dwelling
and not to be used for irrigation. The return flow from the use of this well
must be returned Lo the same stream system in which the well is located,
7. The date of initiation of appropriation is June 2.9, 1972.
8. The tnnount of water claimed is 0.033 cubic foot of water per second
time, absolut,.r.
9. The wetter was f-irat applied to bene `a.ciel u ;c on September 21, 1972.
The Referee does therefore conclude that the above entitled application
should be granted in part and that 0.033 cubic foot of water per second of
SE0-WTF. DIV 5
TEL:303-945-5665 Nov 29 95 14:43 No.006 P.08
time •l.: hereby awarded to the Flood Water Well, for household use only for
one singIe family dwelling, with appropriation data of the 29th day of June,
172, absolutely and uno.ondiLlon&lly.
The above described underground water right meets the criteria Cor
F111 exempt domestic well pursuant to C.R.S. 1973, 37-92-604 4=4, so
long as it is used for the purposes set forth herein, and by statute.
It is accordingly ORDERED that this ruling shall be filed with the
-iter Clerk and shall become effective upon such filing, subject to Judicial
review pursuant to Section 37.92-304 CRS 1973.
It is futther ORDERED that a copy of this ruling shall he filed with
the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, this 5/ 4 7- day of
44f9'/ , 19 7e5) .
?to protuot was Mad to tbia Art. tr
xne torogoing ruling ?6 cora icopei
citid i ?roved, an to insAle th•
xviagriven4i. Dna Daazoo of thio ohn:et .
A1/6 -/V
Dnts+u
Plater Judge
BY TUE REFEREE:
:
,lateeferoe
f?at a>'Division No. 5
Stele of Colorado
DISTRICT COURT, WATER DIVISION 5, COLORADO
Case No. 94CW344
JUDGMENT AND DECREE OF WATER COURT
CONCERNING THE APPLICATION FOR WATER RIGHTS OF WEST DIVIDE WATER
CONSERVANCY DISTRICT AND WILLIAM ZILM IN GARFIELD, PITKIN, AND
EAGLE COUNTIES
The Applicants, West Divide Water Conservancy District (the
"District") and William Zilm, have applied for a surface water
right for the Zilm Transfer Ditch, a change of water right for
the Atkinson Ditch, and approval of a plan for augmentation and
exchange.
The Water Judge referred the Application to the Water
Referee for Water Division No. 5, State of Colorado, in
accordance with Article 92 of Chapter 37, Colorado Revised
Statutes, 1973, known as the Water Rights Determination and
Administration Act of 1969. The Referee ordered re-referral of
the Application to the Water Judge on March 15, 1995.
I. FINDINGS OF FACT
1. Applicants filed their Application in Case No. 94CW344
in District Court, Water Division No. 5, on December 28, 1994.
Applicants filed an Amended Application on November 29, 1995.
2. All notices required by law have been made.
3. Statements of Opposition were filed by Ray D. Walker,
James P. Mahan, Jr., Edmund Prehm, Lazy Diamond A Homeowners
Association Ltd., the State and Division Engineers, Richard
Hilleary, John M. Traul, Sr., Russell William Coletti, Jr., May
S. Duncan, John H. Quinn, Jr., Faye B. Faas, Betty Byers -Coates,
Brenda P. Zegarski, and Alan Wolf. Springridge Place Homeowners'
Association was substituted as a party for Traul, Coletti,
Zegarski, and Wolf. Duncan, Quinn, Hilleary, and Faas have
withdrawn their Statements of Opposition. The Water Court
summarily dismissed the Statement of Opposition filed by Walker
and Mahan. Prehm, Springridge Place Homeowners' Association,
Lazy Diamond A Homeowners' Association, and the State and
Division Engineers have stipulated to entry of this Decree.
Case No. 94CW344
West Divide water Conservancy District et al.
Judgment and Decree of water Court
Page -2-
CLAIM FOR SURFACE WATER RIGHT
4. The Applicants claim a surface water right for the Zilm
Transfer Ditch, more particularly described as follows:
a. Legal description: The Zilm Transfer Ditch
diverts from the left bank of Zilm Draw at a point
whence the SE corner of Section 3, T. 7 S., R. 89
W. at the 6th P.M. bears S. 41° East a distance of
4100 feet.
b. Source: Zil'm Gulch and return flow from
diversions from Fourmile Creek, tributary to the
Roaring Fork River
c. (1) Date of initiation of appropriation: 6/1/1969
(2) How appropriation was initiated:
construction of ditch and application of
water to beneficial use
d. Amount claimed: 2.0 cfs, absolute
e. Use: Augmentation
CLAIM FOR CHANGE OF WATER RIGHTS
5. Name of structure: Atkinson Ditch
See paragraphs 8 and 9.
6. Proposed change: The District requests the right to
use its interest in the Atkinson Ditch for augmentation purposes
in addition to the currently decreed irrigation use.
CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE
7. Structures to be augmented (hereinafter "the augmented
rights"):
WDWCD.F32
July 17, 1996
1 '1
E Y
my
e C
0 ,
0 u
MAXIMUM EQR
TO HE
AUGMENTED
UNDER
EXISTING
CONTRArTA
)
0
I O
0
O
N
pwi O O
y f-. a;''-
"'.u
a d
4
<
<
Q
Q
<
U
U
U
G
0 i
>v >
H a+ _
4
0. •'
NUX
44 CO=
t CS
4
de.
in
IN
.n
LC,
N
eo
v)
N
ao
)n
N
eP
u)
N
OP
ui
N
on
.
s
.i.
Js%
f
M
< r
a 0 1.m
2
L
1 08/03/1966
r
so
.4
m
0
so
so
a
m
O
0
06/29/1981
11/18/1980
In
m
-
u'1
N
v
0
N
r
o,
v.
O
0
0
1 06/30/1973 1
06/29/1972
06/01/95
0
0 N
G t '
G
G
S
1
1
1
0
Z
at
3
e e
v1 3
3, U
m m
3
3
:J Ui
CD
m
ev
3
om
)o
� e
`n 3
3, U
CD
CO
O
40
O
m
O
3
*)*OU$x (Cr$)
O
O
O
1)
trt
0
O
O
O
N
N
O
m
O
O
4)
-4 N
C •
• 0
CO Z
a
4-440.
In
s.1 r
I
0)-+
41
C
7 0
C/1 Z
Zilm Well No.
N
•
0
Z
(1)
3
E
-1
—4
0
Z
4-1
4)
3
E
.•1
N
0
4)
L)
44
0
0 -4
0 r-1
. 0
Cu 3
r
g
0
0
CO
0
U
• m
+ v a
a 0.
m
•44 r--
-0 •O
C '+ 0
0
to + 3
0
ON 4)
Y 0.1
(r) C7
.-i
O
40
.-1
CO
•
E 3.1 0
r 0 U
N 17 m
L rn
E a a
oci
+i c
-1 C •0
-4 7 O
40 0
30 3
• m a)
0 0 .1
Co C7
O
10
m
O 0
O o
.-1
L.• m
a
E r 0,
U •--1 V)
.•.1 .-1
r+O 0
a 0
3 3
0) 0
• m a)
04-1^•1
nr C7
wL7 t
CV
CV
N
CJ
PO
CO
C1
4
4
4
m
m
O id
id4 Fe
O 0•-
M X hi
M M
E4 Z
kfl
de
ti
N
0
■
a
5
4
2
r
3
Lel
U
enrn
0
r
3
U
a
a
U
Cr,
0
U
0,
rn
11
tal
O
u1
0
O
O
m
O
r -i
O
N
O
O
O
3
6
F
t0
T.
m
0
4+ O
o'Z
c
0.
-i r1
co 3
0
0
•
L O
.4
C
O O
c/ 3
0
0
x N
.0 O
O+ Z
C .-1
7 4)
In
3
0
0
L
O'
-•-i L
U
C -4
7 -•4
O
•
0
Z
m
c
Ca 0,10,
m
C.
a 'O
}J -4 '0
CO 5 O
•a
V 40'0
F 0
•7 1 0
d-1 0
3 c X v'
C 7 O 41
y C1 U
N
\ O
P.
CO
Ct
E E C
0 a
4) 4 4
c w w 0
11 4)
11 c
.0 4) 4) 3
4) 4 4)
--/ w w 4.)
3 a
0 o .
v 0 r9 4)
7� r
1, E
C 'C •1 4
•.1 0 0 •.1
U a a w
O C
IC °
m 4) 4) U
a 0 0
...I .1 0
m - .-1 11
c
o c c 4)
-1 o 0 4)
11 ..1 -1 4
a1 4.1 u u
•-1 0 0 4)
a a1 0 ID
4) m m
•o m
-1
4) 4) c
.0 4 7 11
4-1
4)
•J
11 4 4 a1
o w w •O
C 7
..
l'.1 O 4) 4) 0
a.0 , I •0 4) 4) C
z 0 w w •.1
U ✓ U O m
4 0.
u� 0 0 o a1
✓
• „✓ 0 ON 4
0 c .,.1 e a
Z •. i 4)0) N ..
O D 4) 7'•
o 0 O a L. 0 4)
U a. Y 4) -i •.1 1-.
c 0 0. 0.
E Y 41 • C
..0 .0 47 a m-.
6.
L 9 11 41 4)
L' oc 11 11 .04
0
to a a T 0)
0
1.) 44 a +1t
4
L 6 CO •O
-'9 C E E 4 4)
_ 0 C1 4)
0
9 •-1 a a 11 4
4) c c 3 a
. a 41 11 0
10 17
0 •a 4) 0
4) 4) 4) 4) a
4 .0 L 1.1 .-i
=
> 11 11 U a
> 4)
0 w w •0 C
O 0 0 0
u 4
4) • 0 41
A r.. 3 3 Ca
4 11
C • o1 O, 4) C
• anO• CO CO 4 4)
•.0U•• • of
.0 U 0•0.
U 11 m.0 CO' CO. to 7
4.+-1 4) a4 a
-•1 0 4) a O
0 7 4 44 • 0 4)
C Cr. 31) CO Z.0
4)4)44444) 41
1-1 4) 4) 4 -1 t` 1- N
-1 4 .0 a .-1 4
EC9i1a4) 4) 4)
14 0 •O • F H 3 •O
0 4 .0 -1 - C
0 41 >v•.. E 7
[.. 11 • .1 -1 0 .. 0 .-1
4 m 3❑mIn.. .. -.4.0
>E �1 4) 1) 3 U C 0 N •4)
-.-I0
0 T 0 0 m -m 0. 0 • 4) 7
.0 7 0 0 ON -.1 0 .... .0.-1
451, C 3 0 `- 11 .. 4, .. 4, O
C O O a U U C
•O a 4 4 L.4 0 4 C 4) C 1:11-4
C 4)04)0.4)0)00)0 C
CO .0 .0 V 0-1 H -1 •.4 a 4)
e• Q000). .11 .11 41
O.Ci 11 0 a O e 04) c
.-1 0 U -1 11 11 -1 0 4) 0 ..1
4)111.10 m 0 011 0..un.•w 10.-1
4 •.i -1 -1 o a -1 W 3 c -1
4)004)0 44LZ•0tn•0 03
>-1Cc.4)0)444.4.m10 o44) P1>,
000e134)0EC.0me0) 4)
m m 4 4)•-1 U T 4)y 11 •.0
4)0004)0 7E w 44 0)1.)
7Y.Oa°e70) Ot 00°0° Z -
°,40 4).c44 0•-1•0Y CDdv s C •-•
1 4) m 4)-.1 4) � -4 -. -4 •-4 0.
0 41 3 4) 11-1 -1 O. T.•. •-1 ....1 4) 0
-4 > 0 3 014. 4 •O W 3 3 •1
AC m�CO C y0
w 4) m y.0 1.1 0 0 0>
0�04)0'0'4)-..44)-..1 T 4)
4 4) • -1 C L 11 .0 11 •0 •p
4) 4)04.-i-.-44)040 -4
0401001 TO 0.01000 T4
4 0 0 0 0 .i.-1 y y +1 4)+•1 -.C1 a
W000'44)094440�043 4 >,
04.1 . -.4 4.)c0004)41411 4) a4)
11 11 11 4) 4) 01 .1)41.1.'M 10 .0
4) a a o.1 4 1144 a a 4.)
U U O a 4 -1 4 4 0 4)U 4) 4)
4) 0 0 0 4) 7 .X a C 0.0 0.0 c w
4 a s 4 01 0 v1 W CO 4 11 4 11 E• -1
Case No. 94CW344
Nest Divide water Conservancy District et al.
Judgment and Decree of Water Court
Page -6-
8. Water rights to be used for augmentation:
AoxczxxOI
Atkinson
Ditch"
•
ocxaf
DA
05/11/1889
05/24/1882
C.A.132
4.0 cfs
Fourmile
Creek
Green
Mountain
Reservoir)
10/12/1955
08/01/1935
2782,
5016,
5017
154,645 af
:3lue
River
Ruedi
Reservoir
06/20/1958
07/29/1957
C.A.4613,
W-789-76
140,697.3 af
101,369 af
Frying .
Pan River
Zilm Transfer
Ditch
12/31/1994
06/01/1969
94CW344
2.0 cfs
Zilm
Gulch
1) Refer to paragraph 11bA for amount of Atkinson Ditch dedicated to plan for augmentation.
2) The District's contracts for Ruedi Reservoir and Green Mountain Reservoir releases are described in paragraph
11bC.
9. Legal description of point of diversion or place of
storage of water rights to be used for augmentation.
Atkinson Ditch: The headgate is located on the East Bank of
Fourmile Creek about three miles from the mouth of said creek.
Green Mountain Reservoir: The reservoir is located approximately
16 miles southeast of the town of Kremmling in Summit County,
Colorado and more particularly in all or parts of Sections 11,
12, 13, 14, 15, and 24 of Township 2 South, Range 80 West in
Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South,
Range 79 West of the 6th P.M.
Ruedi Reservoir: An on -channel reservoir located in the NW'/4 NE'/4
of Section 18, Township 8 South, Range 84 West of the 6th P.M.
Zilm Transfer Ditch: Please refer to paragraph 4 above.
10. Uses:
a. Atkinson Ditch — irrigation and augmentation
WDWCD.F32
July 17, 1996
Case No. 94CW344
West Divide Water Conservancy District et al.
Judgment and Decree of Water Court
Page -7-
b. Green Mountain Reservoir — in accordance with
paragraph 5(a), (b), and (c) of the section
entitled "Manner of Operation of Project
Facilities and Auxiliary Facilities" in Senate
Document 80
c. Ruedi Reservoir — generation of electric energy,
domestic, municipal, industrial, irrigation, and
stock watering
d. Zilm Transfer Ditch — augmentation
11. Statement of plan for augmentation:
a. Background
The District intends to provide water to contract users
within the Fourmile Creek basin for domestic, recreational,
municipal, and commercial purposes. The District has
consequently developed this augmentation plan to provide such a .-
water supply for up to 500 equivalent residential units (EQR)
within the Fourmile Creek basin.
For purposes of this plan for augmentation, one EQR is based
on the assumptions that 3.5 people live in each residence and use
100 gallons per day per capita for in-house use, and that 3500
square feet of lawn and garden will be irrigated at each
residence.
Depletions -to the stream system vary depending upon the type
of waste water disposal system used: approximately 5% to 25% of
in-house diversions are consumed when the waste water is
centrally collected and treated, and approximately 15% of in-
house diversions are consumed when the waste water is collected
and treated by individual waste water treatment systems (septic
tank—leach field). Irrigation depletions are estimated to be
80% of diversions, with a unit consumptive -use value of 1.99 acre
feet per acre at lower elevations in the Fourmile Creek basin.
Diversions and depletions for a single EQR are tabulated
below (values in acre feet):
WDWCD.F32
July 17, 1996
Case No. 94CW344
Meet Divide water Conservancy District et al.
Judgment and Decree of Water Court
Page -S-
TTPg or WASTZWATs1t
TRSATIO<XT SYSTEM
IRRIGATlow S=asar (vAWZS Is L 2Z Flamm
DTV-*3Tors
DIPL TZare
Ix-
souse
I uctattrTgr
TOTAL
IA-
Houma
IARIQATTos
TOTAL
Central Wastewater
Treatment (5%)
0.199
0.20
0.399
0.010
0.160
0.170
Central Wastewater
Treatment (25%)
0.199
0.20
0.399
0.050
0.160
0.210
Septic Tank —
Leach field or
central wastewater
treatment (15%)
0.199
0.20
0.399
0.030
0.160
0.190
No Return to
Fourmile Creek
(100%)
0.199
0.20
0.399
0.199
0.160
0.359
Nay- nuts aasIos Swor
DTvgssZOWS
DSPLETIasS
0.193
0.010
0.193
0.048
0.193
0.029
0.193
0.193
The irrigation season is typically April 15 - October 15 in the lower Fourm
b. Operation of plan for augmentation
When the augmented rights are out -of -priority, augmentation
will be provided first through diversions at the Zilm Transfer
Ditch. When said Ditch is out -of -priority, augmentation will
occur through dry -up of lands historically irrigated by the
Atkinson Ditch and associated bypasses or storage releases from
Ruedi Reservoir and/or Green Mountain Reservoir. This preferred
order of augmentation and the actual augmentation source (or any
combination of sources) may vary, depending upon the location of
the call and the time of year.
Each year the Applicant will report to the Division Engineer
the number of units augmented by this plan and the type of sewage
treatment by unit. Using the depletion information described in
paragraph 11.a. of this decree, the Applicant will propose a plan
of operation by April 1 for the upcoming administrative year
(April 1 through March 31). Applicant will provide a copy of the
plan to the Objectors Lazy Diamond A Homeowners Association,
Springridge Place Homeowners' Association and Edmund Prehm upon
their request. The plan will include at least diversions at the
Zilm Transfer Ditch, a quantity of bypass water at the headgate
of the Atkinson Ditch and/or releases from storage facilities as
necessary to meet projected calls and as necessary to conform
with the preferred order of augmentation described above. If the
Division Engineer accepts said plan of operation, including
proposed diversions at the Zilm Transfer Ditch, bypass and
WDWCD.F32
July 17, 1996
_Z3-
Case No. 94CM344
West Divide Water Conservancy District et al.
Judgment and Decree o1 Water Cot.
Page -.-
releases, then administration the following year shall be in
accordance with such. however, the Division Engineer may adjust
the said plan of operation as he deems appropriate in
consideration of the actual calls and stream conditions, if the
actual call is different from the projected call estimated by
Applicant.
A. IRRIGATION SEASON - AVERAGE YEAR
Irrigation -season depletions will be augmented by the
cessation of, use of Applicant's interest in the senior priority
in the Atkinson Ditch. The portions of the Atkinson Ditch
dedicated to this plan are as follows:
1.00 cfs owned by the Applicant, West Divide of the senior
priority (priority no. 33) of the Atkinson Ditch, described
more fully in paragraph 8 above;
Dry up of 50 acres of lands historically irrigated by the
senior priority of the Atkinson Ditch as depicted in the
attached Exhibit A; and
99.5 acre feet of consumptive use associated with the said
1.00 cfs and dry up of 50 acres. See footnote 1, page 6.
The monthly distribution of consumptive -use credits
associated with the portion of the Atkinson Ditch dedicated to
the plan for augmentation is as follows:
MONTS
UNIT OF
CONSUMPTIVE—USE CREDIT
(FEET),
TOTAL CONSUMPTIVE—USE
CREDIT (ACRE FEET)
APR
0.06
3.0
MAY
0.38
19.0
JUN
0.48
24.0
JUL(1)
0.45
22.5
AUG
0.29
14.5
SEP
0.25
12.5
OCT
0.08
4.0
TOTAL
1.99
99.5
July, August, and September consumptive -use credits may not be expected to be available in
dry years. However, even in dry years, one-half of Applicant's interest in the Atkinson
Ditch is made more dependable for purposes of thin augmentation plan by virtue of the
WDWCD.F32
July 17, 1996
Case No. 94CW344
West Divide Water Conservancy District et al.
Judgment and Decree of Water Court
Page -10-
District's long term contract with the owner of a one-half interest in the senior Fourmile
Ditch priority no. 19. See paragraph 11b11 below.
B. IRRIGATION SEASON - DRY YEAR
At times in the past, the Atkinson Ditch has been out of
priority to the Four Mile Ditch, Priority No. 19, with an
adjudication date of May 11, 1889, and an appropriation date of
November 11, 1886., In order to minimize the repetition of this
circumstance in the future, the West Divide Water Conservancy
District has entered into a long-term (40 years) contract
(Exhibit B hereto) with the owner of a one-half interest in that
Fourmile Ditch priority. The said agreement allows the
Applicants to divert 0.5 cfs of the Applicants' interest in the
Atkinson Ditch, Priority No. 33, out of priority to the said
Fourmile Ditch, thereby making one-half of Applicants' interest
in the Atkinson Ditch more dependable for purposes of this
decree. The Court hereby approves said agreement and agrees that
Applicant's interest in the Atkinson Ditch is thereby made more
secure. The Applicants understand that this contract is of
limited duration and if such contract expires, fails to be
renewed, is terminated, or alternative sufficient sources of
replacement water are not included in a temporary substitute
supply plan or in this decrby proper amendment prior to such
expiration, curtailment of,alllout-of-priority diversions
����will
occur . �,\ o }} oL. �`ar? ! ) / i� t G LL.. /_ / i-1 1/ -
During the irrigation season when the physical supply at the
Atkinson Ditch headgate is 1.0 cfs or less, the Fourmile Ditch
call (up to 0.5 cfs) shall be deferred to the Atkinson Ditch for
Applicants under this plan.
When the augmented rights are out of priority, Applicants
will whenever possible (as a preferred order of augmentation)
provide water to the Fourmile Ditch by diversions into the Zilm
Transfer Ditch and by releasing such diversions to Fourmile Creek
above the headgate of the Fourmile Ditch. Applicants may obtain
a credit for said releases that may be applied directly to
benefit the augmented rights or to improve the reliability of the
Applicants' interest in the Atkinson Ditch.
SMART AND GREEN AND GRISTY DITCHES
Two ditch headgates on Fourmile Creek below the Fourmile
Ditch and above the confluence with the Roaring Fork River have
WDWCD.F32
July 17, 1996
Case No. 94CW344
West Divide Water Conservancy District et al.
Judgment and Decree of Water Court
Page -11-
historically received a supply of water from ground water
accretions to Fourmile Creek below the headgate of the Fourmile
Ditch. Historically the supply available to such ditches has
varied depending on the overall water supply in any given water
year. At times the full decreed allocation has not been
available to the Smart and Green Ditch, which derives its source
of supply both from Fourmile Creek and the same unnamed tributary
upon which the Zilm Transfer Ditch is located. Because
Applicants' plan contemplates the replacement of 100% of
depletions either to Fourmile Creek or the unnamed tributary
above the Smart and Green Ditch, no injury should accrue to
either downstream headgate. However, Applicants' proposal for
augmentation releases is a complex system that may vary from year
to year and season and season. In the evaluation of Applicants'
annual proposal of operation and in the administration of such
plan, the Division Engineer may consider that adequate water is
made available to the Smart and Green Ditch, for example, by
making deliveries to the Smart and Green Ditch via the Atkinson
Ditch and the Zilm Gulch.
C. NON -IRRIGATION SEASON
Some non -irrigation season calls affecting the augmented
rights are expected to come from outside the Fourmile Creek
basin. Thus, Green Mountain Reservoir and Ruedi Reservoir
releases may be used pursuant to this plan for augmentation
during the non -irrigation season to augment depletions to the �,
Roaring Fork River and the Colorado River. 4-. /✓0r67V'
Green Mountain Reservoir: The District currently has a�temporary,
water -service contract with the United States Bureau of ----- — --
Reclamation for delivery of up to 100 acre feet. As necessary,
releases may be made from Green Mountain Reservoir to augment
depletions pursuant to this plan.
Ruedi Reservoir: The District currently has a water -service
contract with the United States Bureau of Reclamation for release
of up to 200 acre feet per year. As necessary, releases may be
made from Ruedi Reservoir to augment depletions pursuant to this
plan.
The Applicants understand that these water service contracts
are of limited duration and if such contracts expire, fail to be
renewed, are terminated, or alternative sufficient sources of
WDWCD.F32
July 17, 1996
Case No. 94CW344
West Divide Nater Conservancy District et al.
Judgment and Decree of Water Court
Page -12-
replacement water are not included in a temporary substitute
supply plan or in this decree by proper amendment prior to such
expiration, curtailment of all out -of -priority diversion will
occur.
The most probable source of non -irrigation season calls
affecting the augmented rights from within the Fourmile Creek
basin is the Zilm ,hydropower right. In order to prevent injury
to this hydropower right, Applicant has entered into an agreement
(Exhibit C hereto) with the owner of the Zilm hydropower water
right. Under that agreement, Zilm has agreed to accept payment
(as described in the agreement) in lieu of augmentation
replacement releases.
12. Pursuant to C.R.S. § § 37-84-112 and 113, the
Applicants shall install headgates and measuring devices, provide
accounting, and supply calculations regarding the timing of
depletions as may be required by the Division Engineer for the
operation of this plan. The Applicants shall also file an annual
report with the Division Engineer by November 15th of each year
summarizing diversions, depletions, and replacements made under
this plan. Applicant will provide a copy of the report to the
Objector Lazy Diamond A Homeowners Association, Springridge Place
Homeowners' Association upon their request.
A proposed accounting form is attached hereto as Exhibit D.
The accounting shall include an accounting of upstream out -of -
priority depletions covered under this plan for augmentation, so
that a corresponding amount of water, when required, will not be
called at the Atkinson Ditch headgate under Priority No. 33. The
proposed accounting form may be modified as required by the
Division Engineer.
13. Upon its own initiation or at Springridge Place
Homeowners' Association's and/or Lazy Diamond A Homeowners'
Association's request, West Divide will be responsible for making
improvements to the Atkinson Ditch to allow for accurate
measuring of any necessary bypasses at the headgate of such ditch
in accord with the plan for augmentation decreed herein. West
Divide shall have two years from the time of such request (if
any) by Springridge Place Homeowners' Association and/or Lazy
Diamond A Homeowners Association, to respond with the said
improvements.
WDWCD.F32
July 17, 1996
Case No. 94CW344
West Divide Water Conservancy Dictrict et al.
Judgment and Decree of Water Court
Page -13-
14. Furthermore, to ensure that no injury occurs to others,
the District shall observe the following conditions during the
operation of its augmentation plan:
a. Each year the Applicants will submit to the Division
Engineer a statement in the format generally represented in
Exhibit D which contains calculations of depletions which would
be tributary to Fourmile Creek upstream of the headgate of the
Atkinson Ditch. The annual statement will also include a
calculation of the depletions that are expected tb occur between
the headgate of the Atkinson Ditch and the headgate of the
Fourmile Ditch. The Applicants will also annually submit
calculations of projected depletions to be made to that unnamed
tributary of Fourmile Creek which has been referred to as Zilm
Gulch, on which the Zilm Transfer Ditch headgates.
b. When the Atkinson Ditch is being used as the
augmentation source, out -of -priority depletions will be charged
to West Divide's proportionate share of the Atkinson Ditch.
Under circumstances where those depletions do not fully consume
West Divide's proportionate share, West Divide can call for and
leave its unconsumed share in the ditch for use by the ditch co-
owners.
c. Out of priority depletions will be replaced to other
users so that water users on Fourmile Creek, including other
users of the Atkinson Ditch priorities, may receive, through
actual diversions, the amounts of water they would have otherwise
received if not for the out of priority depletions.
d. This decree contemplates that West Divide will add to
the augmentation service plan (as described in this decree)
additional points of diversion and/or water rights and/or EQR
(above those currently represented in paragraph 7, Section I).
In the event such future points of diversion and/or water rights
and/or additional EQR are added, and approval of a substitute
supply is requested from the State Engineer, notice will be given
by the Applicant to the Objectors Edmund Prehm, Springridge Place
Homeowners' Association and Lazy Diamond A of said substitute
supply plan, and an opportunity to object thereto. Future points
of diversion and/or water rights and/or additional EQR would be
added on a permanent basis to the augmentation plan herein
decreed only after the filing of an application in Water Court,
notice of which is published in the resume, and an opportunity
WDWCD.F32
July 17, 1996
Case No. 94CW344
West Divide water Conservancy District et al.
Judgment and Decree of Water Court
Page -14-
given to all, including Objectors Edmund Prehm, Springridge Place
Homeowners' Association, and Lazy Diamond A, to object on the
basis of injury to water rights or for such other basis as may be
provided for by law.
II. CONCLUSIONS OF LAW
1. The foregoing Findings of Fact are fully incorporated
herein.
2. The Court has jurisdiction over the Amended. Application
and over all who had standing to appear in this action, whether
they actually appeared or not.
3. The surface water right, change of water right, and
plan for augmentation described herein are such as are
contemplated by the law. If implemented and administered in
accordance with this decree and the stipulations set forth
herein, the change of water right and plan for augmentation
described herein will provide water to contract users within the
Fourmile Creek drainage basin without adversely affecting the
owners or users of vested water rights or decreedconditional
water rights. The change of water right and plan for
augmentation described herein may be lawfully decreed by this
Court.
III. JUDGMENT AND DECREE
1. The foregoing Findings of Fact and Conclusions of Law
are fully incorporated herein.
2. The Zilm Transfer Ditch described herein is decreed an
absolute water right. The change of water right for the Atkinson
Ditch and the plan for augmentation described herein are
approved, subject to the terms and conditions set forth herein.
3. The State Engineer and Division Engineer may lawfully
be required under the terms of this decree to:
a. Administer the plan for augmentation in the manner
set forth herein.
WDWCD.F32
July 17, 1996
tq-
Case No. 94CW314
west Divide Water Conservancy District et al.
Judgment and Decree of Water Court
Page -15-
b. Refrain from curtailing out -of -priority diversions
of the augmented rights when the depletions are offset by the
operation of the plan for augmentation approved herein.
c. In conformance with Colo. Rev. Stat. § 37-92-
305(8), curtail out -of -priority diversions by the augmented
rights at any time when the consumptive use associated with
Applicants' provision of water as approved herein exceeds the net
amount of replacement water available under the plan for
augmentation.
4. In consideration of the specific findings and
conclusions made herein and in conformance with Colo. Rev. Stat.
§ 37-92-304(6) (1990), as amended, the approval of the change of
water right and plan for augmentation decreed herein shall be
subject to reconsideration by the Water Judge on the question of
injury to the vested water rights of others for five years
commencing upon completion of the structures identified in
paragraph I.7. Applicants agree not to assert the defenses of
res judicata or collateral estoppel with respect to any future
claim made during the said 5 -years retained jurisdiction period
by Springridge Place Homeowners' Association and/or Lazy Diamond
A Homeowners Association that the agreement between Bershenyi and
West Divide Water Conservancy District (Exhibit B to this Decree)
fails to operate to prevent injury to Springridge Place
Homeowners' Association and/or Lazy Diamond A Homeowners
Association or their successors or assigns.
IT IS ACCORDINGLY ORDERED that this Decree shall be filed
with the Water Clerk subject to judicial review pursuant to Colo.
Rev. Stat. § 37-92-304.
IT IS FURTHER ORDERED that a copy of the Decree shall be
filed with the State Engineer and the Division Engineer for Water
Division No. 5.
Dated:
WDWCD.?32
July 17, 1996
BY THE JUDGE:
Water Judge
-30-
EXHIBIT A
ATKINSON DITCH
Sec. 3 & 10, T 7 S, R89W, 6th PM
WATER AGREEMENT
THIS AGREEMENT is glade this 4 day of , 1994 by and
between JOHN W. BERSHENTI and ALICE BERSHENTI, hereinafter
referred to as "Bershenyi," and the WEST DIVIDE WATER CONSERVANCY
DISTRICT, a quasi -municipal entity formed pursuant to Colorado
statute, hereinafter referred to as "West Divide."
WITNESSETH Bershenyi is the owner of those certain water
rights described on Exhibit A, which exhibit is attached hereto
and incorporated herein as those fully set forth; and
WITNESSETH Bershenyi has, in the past, been forced to
participate in litigation in Water Court in order to protect the
yield of water available to said water rights; and
WHEREAS West Divide is desirous of furthering its water
allocation program in the Four Mile Creek region whereby it
allocates water pursuant to C.R.S. 37-45-101 et. seq. to water
users in need thereof, primarily for domestic and lawn irrigation
type uses; and
WHEREAS West Divide wishes to implement its program in
cooperation with Bershenyi and in a manner that does not cause
Bershenyi injury as set forth in this Agreement,
FOR AND IN CONSIDERATION of the payments and promises to be
made hereunder, the parties agree as follows:
1. Bershenyi agrees that he will accept payment as
hereinafter described in lieu of replacement releases that
otherwise would be made to meet calls made pursuant to the
priorities listed on Exhibit A to the extent of 0.5 c.f.s., which
0.5 c.f.s. may be included in an allocation and augmentation
program by West Divide.
2. West Divide shall pay to Bershenyi in consideration for
the foregoing agreement not to call, the minimum annual sum of
Five Hundred Dollars ($500.00), together with an additional
annual sum in the amount of Twenty Dollars ($20.00) per acre foot
for each and every acre foot allocated by West Divide pursuant in
whole or in part to the water rights leased hereunder under its
Four Mile Creek allocation program.
3. The term of this Water Agreement shall begin on the
first day of January, 1995, and extend to and include the 31st
day of December, 2035.
Water Agreement
John W. Bershenyi and Alice Bershenyi
and West Divide Water Conservancy District
-3i-
EXHIBIT B
Page 1 of 3
4. Each anniversary during the term hereof, the minimum
annual rental and the per -acre-foot annual rental described
herein shall be subject to modification. The minimal annual
rental and the per -acre-foot rental shall be modified on the 1st
day of January of each year of the term of this Agreement by the
percentage of the rent which is equal to the percentage that the
cost of living for the preceding twelve -(12) month period
increased or decreased. The cost of living shall be computed
upon the basis of the Consumer Price Index, All Urban Consumers,
U.S. City Average 1982-84=100, published by the United States
Department of Labor, Bureau of Labor Statistics. The base index
number shall be the latest month available prior to January 1,
1995. The current index number shall be the same month of each
year thereafter. Commencing on the second year of this Agreement
and each thereafter, the rental shall be adjusted by computing
the increase or decrease in the cost of living for the preceding
twelve (12) month period and adding or deducting the same from
the rental. The increase or decrease between the base index
number and the current index number (expressed as a percentage)
shall be multiplied by the rental. Any resulting positive or
negative product shall be added to or deducted from the rental
and the total thereof shall be paid in equal, successive, monthly
installments. If at any time the Consumer Price Index is no
longer published, the parties shall use such other index as is
generally recognized or accepted for the purpose of making
similar determinations of purchasing power.
5. As additional consideration for the agreement herein,
West Divide agrees to investigate means by which Bershenyi's
Reynolds Ditch may be rehabilitated and placed to efficient
beneficial use in accordance with its decrees. Bershenyi is the
owner of irrigated land under said Reynolds Ditch that is in need
of irrigation from the ditch.
6. West Divide acknowledges Bershenyi's title to the water
rights described in Exhibit A and exclusive use thereof except
for the term of and pursuant to the terms of this Agreement.
Further, West Divide agrees that it will appear in Water Court,
as necessary, in order to protect Bershenyi's and West Divide's
rights under this Agreement.
7. Bershenyi's agreement not to exercise an administrative
call shall be conditioned upon West Divide's ability to cause
either a bypass at the headgate of the Adkinson Ditch on Four
Mile Creek, an amount of 1.0 c.f.s., or West Divide's ability,
through agreement with others, to cause return flaws from an
unnamed gulch immediately east of Four Mile Creek proper to be
Water Agreement
John W. Bershenyi and Alice Bershenyi
and West Divide Water Conservancy District
33 '
Page 2 of 3
returned to Four Mile Creek above the gate of the Four Mile Ditch
in the amount of 1.0 c.f.s, or a combination of the bypass and
return flow to Four Mile Creek to occur in a total amount of 1.0
c.f.s.
8. West Divide shall be solely responsible for the
installation of any and all measuring devices, recording devices,
and administrative requirements associated with this Agreement.
9. West Divide agrees to hold Bershenyi harmless for and
on account of any damages that may occur to Bershenyi and/or
third party users contractees of West Divide's allocation program
resulting from water use derived under this Agreement.
10. West Divide shall be solely responsible for obtaining
all local, state, and judicial approvals necessary to accomplish
water use pursuant to this Agreement.
11. West Divide may terminate the within arrangement should
West Divide no longer need to rely on this Agreement to implement
the allocation plan.
THIS AGREEMENT is done this ' day of _R_c.„A„_„..4e4, 1994,
and shall be binding upon the heirs, successors, and assigns of
the parties hereto.
Secretary
"HN W. BERSHENYI
ALICE BER
ac,
WEST DIVIDE WATER CONSERVANCY
DISTRICT
By
'id -5 '22
Water Agreement
John W. Bershenyi and Alice Bershenyi
and West Divide Mater Conservancy District
eft
3`I -
Page 3 of 3
EXHIBIT A
FOUR MI LLE D ITC H
=1AM pitch priority No. Amt, A.PP.DATE ikDJ.DATZ
Four Mile Four Mile 19
1.6 11/6/1881 5/11/89
WATER AGREEMENT
This Agreement made this „7:2'7h day of ��t �,,_ ) , 1995, by
and between JOHN W. BERSHENYI AND ALICE BERSHENYI, hereinafter
referred to as Bershenyi, and the WEST DIVIDE WATER CONSERVANCY
DISTRICT, a quasi -municipal entity performed pursuant to Colorado
Statute, hereinafter referred to as "West Divide."
WITNESSETH, Bershenyi and West Divide entered into a Water
Agreement dated December 28, 1994; and
WHEREAS, the parties have determined that one paragraph of
said Agreement should be amended.
FOR AND IN CONSIDERATION of the payment and promises to be
made hereunder, the parties agree as follows:
1. The parties agree that paragraph 7 of the Agreement of
December 28, 1994 should be amended so that it will
provide as follows:
7. West Divide shall cause either a bypass at the
headgate of the Atkinson Ditch on Four Mile Creek
or West Divide shall cause return flows from an
unnamed gulch immediately west of Four Mile Creek
to be returned in the Zilm Transfer Ditch to Four
Mile Creek above the headgate of the Four Mile
Ditch. The obligation to provide bypasses at
either point shall be limited in that the amount
of cumulative bypass at both points shall be that
quantity of water available for bypass in excess
of 0.5 cfs.
2. In all other respects, the Agreement between West
Divide and Bershenyi shall remain in full force and
effect.
WEST DIVIDE WATER CONSERVANCY
DISTRICT
By
A T:.
l4
Secretary
'JOHN We, )ERSHENYI
r
ALICE `SERSHENYI
-3 6 -
WATER AGREEMENT
THIS AGREEMENT is made thisaay ofd , 1994 by and
between WILLIAM M. IILM and CHARLOTTE 5. $ILt, hereinafter
referred to as "Zilm," and the WENT DIVIDE !CATER CONSERVANCY
DISTRICT, a quasi -municipal entity formed pursuant to Colorado
statute, hereinafter referred to as "west Divide."
WITNESSETH Zilm is the owner of those certain water rights
described on Exhibit A, which exhibit is attached hereto and
incorporated herein as those fully set forth; and
WITNESSETH Zila has, in the past, been forced to participate
in litigation in Water Court in order to protect the yield of
water available to said water rights; and
WHEREAS West Divide is desirous of furthering its water
allocation program in the Four Mile Creek region whereby it
allocates water pursuant to C.R.S. 37-45-101 et. seq. to water
users in need thereof, primarily for domestic and lawn irrigation
type uses; and
WHEREAS West Divide wishes to implement its program in
cooperation with Zilm and in a manner that does not cause Zilm
injury as set forth in this Agreement.
FOR AND IN CONSIDERATION of the payments and promises to be
made hereunder, the parties agree as follows:
1. Zilm agrees that he will accept payment as hereinafter
described in lieu of replacement releases that otherwise would be
made to meet calls made pursuant to the priorities listed on
Exhibit A. This Agreement may be included in an allocation and
augmentation prograa by West Divide.
2. West Divide shall pay to Zila in consideration for the
foregoing agreement not to call, the minimum annual sum of Five
Hundred Dollars ($500.00), together with an additional annual sum
in the amount of Twenty Dollars ($20.00) per acre foot for each
and every acre foot allocated by West Divide under its Four Mile
Creek allocation program pursuant in whole or in part to the
water rights leased hereunder.
3. The term of this Water Agreement shall begin on the
first day of January, 1995, and extend to and include the 31st
day of December, 2035.
Vats: Agrsaaant
Willlas� M. ills and Charlotte D. film
and Wait Divide Mater Conservancy District
EXHIBIT C
Page 1 of 3
4. Each anniversary during the term hereof, the minimum
annual rental and the per -acre-foot annual rental described
herein shall be subject to modification. The minimal annual
rental and the per -acre-foot rental shall be modified on the tut
day of January of each year of the term of this Agreement by the
percentage of the rent which is equal to the percentage that the
cost of living for the preceding twelve -(12) month period
increased or decreased. The cost of living shall be computed
upon the basis of the Consumer Price Index, All Urban Consumers,
U.S. City Average 1982-84.100, published by the United States
Department of Labor, Bureau of Labor Statistics. The base index
number shall be the latest month available prior to January 1,
1995. The current index number shall be the same month of each
year thereafter. Commencing on the second year of this Agreement
and each thereafter, the rental shall be adjusted by computing
the increase or decrease in the cost of living for the preceding
twelve (12) month period and adding or deducting the same from
the rental. The increase or decrease between the base index
number and the current index number (expressed as a percentage)
shall be multiplied by the rental. Any resulting positive or
negative product shall be added to or deducted from the rental
and the total thereof shall be paid in equal, successive, monthly
installments. If at any time the Consumer Price Index is no
longer published, the parties shall use such other index as is
generally recognized or accepted for the purpose of making
similar determinations of purchasing power.
5. West Divide acknowledges Zilm's title to the water
rights described in Exhibit A and exclusive use thereof except
for the term of and pursuant to the terms of this Agreement.
Further, West Divide agrees that it will appear in Water Court,
as necessary, in order to protect Zilm's and West Divide's rights
under this Agreement.
6. West Divide shall be solely responsible for the
installation of any and all measuring devices, recording devices,
and administrative requirements associated with this Agreement.
7. West Divide agrees to hold Zilm harmless for and on
account of any damages that may occur to Zils and/or third party
users contractees of West Divide's allocation program resulting
from water use derived under this Agreement. -
8. West Divide shall be solely responsible for obtaining
all local, state, and judicial approvals necessary to accomplish
water use pursuant to this Agreement.
Water Agreement
William X. fill and Charlotte D. f is
aid West Divide Mater Conservancy District
3$
Pagt 2 of 2
9. west Divide may terminate the within arrangement should
West Divide no longer need to rely on this Agreement to implement
the allocation plan.
THIS AGREEMENT is done this Zday of i�ll� , 1994,
and shall be binding upon the heirs, success•rs, and assigns of
the parties hereto.
st:
Secretary
WILLIAM M. ZILM
/-7
CHARLOTTE B. ZILM
WEST DIVIDE WATER CONSERVANCY
DISTRICT
By
Water Agreement
William X. fila aad Charlotte' D. film
and Wsst Divide Mater Conservancy District
-39-
Fags 3 of 3
EXHIBIT A
ATKINSON DITCH
_ream Ditch priority No, Amt, roD,Date Adi,Date
Four Mile Atkinson 2.0 9/29/1977 12/31/1979
Creek Ditch
Four Mile Atkinson 2.0 03/24/1983 12/31/1985
Creek Ditch
Four Mile Atkinson 2.0 03/24/1983 12/31/1985
Creek Ditch
EXHIBIT D1
List of Water Contract Users for the Year
O
Z
Depletion Location
4.a
g I g
jjI
ii J
1
O dL
C f=�
0
Location
c
i_
Y
1
..,
.,
Diversion Structure
c Z
2
tract
15.O -1°
o C3
2 W
Con
Name of
Contractee
I 1�
N
2
O _2
O
2
2
O
yi
AIM
t'N
O
O
O
A
O
co co
.v co
O O
O
co
O
Q Q
to C)
O O
CD
co
o
c.,) rn
(D r
O
-
Pi 1..- N-
U" O CD
t•-• CO N
o O r-
T
I
NcocD
CV en
Lin M O
CD N
O
O O O
ti
o CO �
O O O
1
h.
O CO O Lo
O O O
f... 1-- 1 -
CN CO G
O O LO
O O O
I,- 1— ..—
0 0
o 0 0
r`1—
0 0
000
12
C .J'
O
I4
z
v 11
4, c O
t0 I—
,� LLl
C)
N
C
F
W
0o
JD p
N m
C g
Y O
QCo
LU
.;8
J
o<
0E-
05
C>
7
O
LL
uVan lc%nulo.mii...1
e,..�....
LLl
o<
c
..........:sme
yi
AIM
PLOT PLAN AND DESIGN FEATURES:
Include by measured distance location of wells, springs, potable water supply
lines, cisterns, buildings, property lines, subsoil drains, lake, water course,
stream, dry gulch and show location of proposed system by direction and distance
from dwelling or other fixed reference object, and additional submissions in
support of this application such as data, plans, specifications, statements and
commitments.
`-i-k1
W IL
a� o�
�r d� � ger vim` �,. I/o''
ou��� 5'e�rJ. `�, d�����
r O(e g' y�A`S Set
�ci 4A �✓` 3g1 y�se r,,l
\JorF no
/le ex//f>7_i
5:y5/e,
f
I
f>7
=fes �J
Page 4
s _
- �L (5 ;, y �e a 4-
/ / di -e - exa t
x ,> °
uJki
,. -pF 1s4•
ir(+�;
4
GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT
109 8th Street Suite 303
Glenwood Springs, Colorado 81601
Phone (303) 945-8212
INDIVIDUAL SEWAGE DISPOSAL PERMIT N2 1723
Owner
System Location
Licensed Installer
AAA' 5, AIM , .z"Z d 0 ZD
d-? 3 7 ..0(/, // 7 6-44 p_,, ,/
This does not constitute I
a building or use permit
* Conditional Construction approval is hereby granted for a gallon -
Septic Tank or Aerated treatment unit.
Absorption area (or dispersal area) computed as follows:
VL^.otl n,
Perc rate of one inch in __ minutes requires a minimum of .2 -?2. L sq ft of absorption area per bedroom.
Therefore the no. of bedrooms / x ¢1-; 2sq ft minimum requirement = a total of 3 21q ft of absorption area.
74/E" Off //VA L S `/ST E /1/i kV4 S /N sr,? L L <,D 5
May we suggest: c �� �/L 47/cAV S �,I/n y,h/Ek' is 0/�� T %' x E / S N U L 0 <../" % 7'//4 7--
774/E E, -1-/.577A.16: ,92So.'T/O/J
Date
Inspector
LF�Icz-T' ,4-1E4/) — ?¢'X2 5'x
FINAL APPROVAL OF SYSTEM:
i
No system shall be deemed to be in compliance with the Sewage -Disposal Laws until the assembled system is approved prior to cover-
ing any part.
i Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground
}'
surface.
" Proper materials and assembly.
Trade name of septic tank or aerated treatment unit.
i
Adequate absorption (or dispel sal) area. '%, a;
Adequate compliance with permit requirements.
Adequate compliance with County and State regulations/requirements.
Date
Other`
Inspector
RETAIN WITH RECEIPT RECORDS AT—CONSTRUCTION SITE
'CONDITIONS:
1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems
Chapter 25, Article 10 C.R.S. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building
requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall
automatically be a violation of a requirement of the permit and cause for both legal action and revocation of the permit.
3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing
and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense
($500.00 fine — 6 months in jail or both.).
Applicant: Green Copy Department: Pink Copy
INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION
' OWNER J2 /y/,¢J' . J,?7. A-/067
ADDRESS -1- ��J y C /2„1//7 PHONE / - c7)(:')
CONTRACTOR
ADDRESS ( , S PHONE
PERMIT REQUEST FOR: ( ) New Installation (X) Alteration ( ) Repair
Application
Approval by
County Official:
17.7r
Attach separate sheets or report showing entire area with respect to surrounding areas,
topography of area, habitable building, location of potable water wells, soil percolation
test holes, soil profiles in test holes. (See page 4.) �
LOCATION OF PROPOSED FACILITY: County
Legal Description 3 7 / �,� // 7 y S ,
Near what City of Town
Lot Size O c/C_
WASTES TYPE: k.--) Dwelling, ( ) Transient Use
( ) Commercial or Institutional ( ) Non-domestic Wastes
( ) Other - Describe
7 O nF 7 .� �- J6 cc.. f"�1
BUILDING OR SERVICE TYPE: ;!�' S ,c- �' - v �— O�1�`!r�b c 1-`)".1-` c)" •y\ Gc''?. t e
Number of bedrooms ��} Number of persons �—
( ) Garbage grinder ( ) Automatic washer ( ) Dishwasher < Af/e'b
SOURCE AND TYPE OF WATER SUPPLY: ( X) well ( ) spring ( ) stream or creek
Give depth of all wells within 180 feet of system: OK)
If supplied by community water, give name or supplier:
GROUND CONDITIONS:
Depth to bedrock: �i ' k ti %--
j
Depth to first Ground Water Table:
Percent ground slope:
DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM:
Was an effort made to connect to community system?
TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED:
—) Septic Tank
) Vault Privy
) Pit Privy
) Chemical Toilet
FINAL DISPOSAL BY:
(`- Absorption Trench, Bed
( ) Underground Dispersal
( ) Above Ground Dispersal
( ) Other - Describe:
Aeration Plant
Composting Toilet
) Incineration Toilet
) Other - Describe:
or Pit
( ) Vault
( ) Recycling, potable use
( ) Recycling, other use
( ) Evapotranspiration
( ) Sand Filter
( ) Wastewater Pond
WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE
q6
Page 2
STATE? /f,.%
DEPARTMENT OF EMERGENCY SERVICES
LMS • FIRE • RESCUE
Mr. Eric McCafferty
GARCO Planning Dept.
109 8th Street
Glenwood Springs, CO. 81601
Dear Eric,
LIG Q 9 1995
This letter is in reference to the Flood project up 117 road. Per our meeting, I wanted to advise
you of some potential problems that may hinder our response to the area. As it stands now, there
are several houses in the area that we will have difficulty protecting in the event of a fire. Any
additional homes will only add to the problem. Our concerns are as follows:
1. There is no designated water supply for fire fighting anywhere in the area.
2. The road is narrow and does not provide the proper turn a rounds.
3. A bridge over four mile creek is not signed for it's capacity. Can we cross it with our heavy
fire trucks?
4. The proposed road to the new house seems quite steep. It should not exceed Garfield County
Road Standards.
5. The potential for the wildland/urban interface is extreme in that area. I suggest that any new
homes meet the NFPA or Forest Service guidelines for mitigation. (Non combustible roofing,
brush set backs ect.)
6. Proper addressing of the home is important. Addressing should be on mailboxes as well as in a
visible place on the home.
As I stated at our meeting, the potential is great for a fire in this area. I would suggest that the
Flood's as well as any other persons living in the area be aware of our concerns. We may not be
able to contain or adequately fight a fire because of the discrepancies. Even an ambulance
response may be difficult because of the roads.
If you have any questions or need any more information, please give me a call.
S incerely,
Jack Jones Asst. Chief, Glenwood Springs
Dept. Of Emergency Services
cc: file
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
t•
DEPARTMENT OF EMERGENCY SERVICES
EMS • FIRE • RESCUE
July 14th, 1995
Garfield County Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
RE: 4339 117 Road, Glenwood Springs, Colorado
To Whom It Mat Concern:
This letter is to verify that the above referenced property, owned by Dr. Bill Flood, is within the
Glenwood Springs Rural Fire Protection District. The proposal is for two, three acre, single family
lots. We would like to be assured of proper access to these lots, so we would appreciate being
involved in the continued Planning/Building permit process.
If you have any questions or need additional information, please do not hesitate to contact me at 945-
4942.
Thank you for your time.
Sincerely,
James S. Mason, Fire Chief
Glenwood Springs Department of Emergency Services
cc: Jack Jones, Assistant Fire Chief
806 Cooper Avenue • Glenwood Springs, Colorado 87
1601 • (303) 945-2575 • FAX (303) 945-2597
t
J