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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO f_fc.444 ' 14 cv/ PETITION FOR EXEMPTION ^..,/, A e� Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned WILLIAM L. AND NANCY C. F L 00 D respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 6.07 acres acre tract of land into T W O (2) tracts of approximately _ 4 . 0 a n d 2.0 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 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: IN nRDFR TO SFLI ONF PARCEL WITH HOUSE AND GARAGE AND RETAIN THE REMAINING PARCEL TO CONSTRUCT A NEW HOUSE FOR PERSONAL USE. SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description a 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; B. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the 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 ofmineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the 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 lire district; and G. If connection to a community of 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 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 su • ,ted the application. Petitioner: William L. Flood c__ Petitioner: Nancy C. Flood 4339 CO.RD. 117 Mailing Address Glenwood Springs, CO. 81601 City State 1-970-945-0909 Telephone Number Flood 8/5/96 This 6 acre tract is located approx. 4.5 miles south of glenwood on cr 117. There is an existing single family dwelling as well as an ADU and garage. The topography of the tract rises from four mile creek to the existing structures at a slope calculated to be 19%. Above the structures, the slope gets considrably steeper, approx. 48%. The vegetation on the lower portion of the tract consists largely of deciduous trees giving way to sage and annual grasses on the upper portion of the tract. Adjacent land uses are largely residential and BLM owns a tract abutting the western boundary of the applicant's tract. The applicant is proposing to divide, by exemption, a 6 acre tract into 2 tracts of 2 and 4 acres each. The larger lot would consist of the existing dwellings and the smaller tract would be developed as a single family residential site. It appears that in late 1972, an exemption was granted for a larger tract, creating the tract in question and it further appears that no other subdivision action has been initiated on either tract. Therefore, this request complies with Section 8:52 A of the subdivision regulations The tract is within the A/R/RD zone distrct and both lots conform to the 2 acre minimum lot size requirement. Originally staff had some concern that slope of the parcel may be a factor; however, the applicant submitted a preliminary plat that indicated both proposed lots would have at least one contiguous acre of less than 40% slope. The smaller parcel would consist of a narrow strip of land along the northern borde of the tract. It appears this strip could serve a dual purpose one to provide a utility easement as wellas create a parcel of 2 acres in size. Staff suggests the Board consider making it a condition of approval that the electric utility utilize the narrow strip, which would help validate the irregualr lot configuration. Water for the existing structures comes from an existing well and the water supply for the proposed lot would come from a new well that would be permitted under Water Court Judgment and Decree 94CW344, which at a minimum, would allow the petitioner a household use only well permit. Staff recommends that as a condition of approval the well for the proposed lot be completed and tested and all permits be issued by the division of water resources. The method of waste water treatment is proposed to be an individual sewage disposal system. Research done by staff indicates thaere is an existing ISD system, portions of which may exist on the proposed, smaller lot. 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 lot. It is conceiveable that if an additional system is located on the smaller lot, the combined flow rate would exceed the 2000 gpd limit. Staff recommends a condition of approval be included that instructs the petitioner to show a building envelope that demonstrates all setbacks can still be met and demonstrate that all state - mandated ISD requirements are met. The glenwood springs dept. of emergency services has indicated thw tract is within its district; however, the district indicates ther may be some problems that could arise. Staff recommends, as a 1 condition of approval, the ddistrict give its consent to the contemplated developemtn of the stract. 1/..e.-6-5 s -t'o ?, "t . t-vd v, w ac v / ,4 4 N t . r, N G I ( tel v Ems- 4 T1 74 N l0 11 ri Ore ce,s A /.) {6t s #/1'1E -N-1 b j E A/E( s 5Acz S --r,-(C cc, 5S G°‘S S J4i7 tN •1) % VitAw C L b"f 5 A 1-1 /n St,t-ko L, 60,2 bei tS Ai-,At-ils1 5 tD 0 N W z (// - ✓// co - -- 2 2 0. 4 00/-- cca co ,C1 • /i 8200/12 \ 1 A 1 G S OS 8200 ilia -4 • 0 0094 _ r 00 n • ./ 7 000 i - w r 9i 99 l 0 I • I - 0099 j J OLD _ RR l n 11/- 0009 f 0029 Rq • D� 00 7- I f .11 0 • // 1/ /1 2 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 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 shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right -or -way or natural feature, 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; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access tr a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of DevelopmenUPlanning Division. Two (2) copies of the application maps and supplemental information shall be submitted. • B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. the exemption site shall be posted clearly and conspicuously visible from a public right-of- way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these regulations. A. Sketch map at a minimum scale of 1" = 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. B. Vicinity map at a minimum scale of 1" = 2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. Recorded at --- o'clock __ M 27G9G9 Reception No. • FEB 2 3 1977 /19 9iimanly KNOW ALL MEN BY THESE PRESENTS THAT TPRRY r_ WAT.T.TN and LYNDA B. WALLIN First Party . LR Nnyal Apartmpnts. Hiahwav 31 P.O. Box or Street Address ' Petoskey. Michigan 49770 City. State. Zip • for and In consideration of ten dollars end other valuable considnration, in hand paid, hereby yells and conveys to Per ordo RECORDER STATE L. , • • tia Is,...shand and wits 0tingle person 0 a Colorado Corporation 0a Partnership 0 a tit?d Pt. - WILLIAM L. FLOOD and NANCY C. FLOOD • 0 Individually Second Party 119 ioint tenancy - , 4339 Road 117 0 tenancy In common P.O. Box or Street Address 0 a Colorado Corporation n1PnwnnA Spring. Colorado 81601 0 a Partnership City State Zip 0 a Limited Partnership the following described property in the County of r.arf 4 .1 A and State of Colorado: PARCEL A A parcel of land situated in the SW1/4SWis of Section 3, Township 7 . South, Range 89 West of the Sixth P .M. , lying Westerly of the Westerly ' right-of-way line of the Four Mile 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 whence3 the Section Corner common to Sections 3, 4, 9 and 10 in said township and range bears : S. ° ' " E. 970.20 feet; thence N. O1°01'32" W. 220.43 feet along the Westerly line of said Section 3; thence S. 89°30'00" E. 792.95 feet; thence S. 52 ' " E. • • •e v.verse side) with all its appurtenances and waWts to tne 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 atiJ 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 or. the Garfield County records, which the second party assumes and karees to v. First party warrants that the current balance due is $49,243.84. SIGNED this ,QW *day of PPhritAry AD 19 22-- ; Terry C. Iiiiry?7,11,usband tuottl,..., Lyndk B. Wallin - wife /1-1/e,,,/, eV STATE OF 1>s1/v7e-r- ) ) ss. COUNTY OF • The foregoing instrument was acknowledged before me this ( 0 day of --Ealaralar-Y- 19 21— bY Terry C. Wallin and Lynda B. Wallin, husband and wife. Witness my hand and official seal. My commission expires: • HO ....... NOTE: 4.r! 7 • Mark alrNiamble squire Singular itholl•frOutN plurel s conlailIrsqulyee. Notary K. L. BAYtirk Notary Publx, Emmet Crmr tv, Mich. Comm:c:: Crp r .1u; 1, 1^79 &SItthti Udiess, Petoskey, M11. 49/70 • • PETRE, ZIMMERMAN Rd SHELTON P.C. — Form 1 :• • • • . • • • • . • • Aw ul aJ8t4 plOaal 0. 0 a 2 > 'oava moo o givis 0 318.94 feet to a point on the westerly rigbt-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 followirj described centerline: Beginning at a point on the Southerly line of Parcel A • whence the Section Corner comm. 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" U. 122.00 feet; thence N. 65°00'00" E. 58.35 feet to a point on the westerly right-of-way line of the Four Mile Creek County Road. 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 Hi/ / /7 seconded by Pkij/a t// 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, r 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 SW4SW4 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 Petitioners obtained a deed for said property 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. V Terry C. Wallin kki7Ilk,. ,%CtU Lynda B. 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C • • w r- 1 MIN MION =II 11111 I 1111 44 0 •-1 64 1 61 • V I t/1 '14 .-1 01 • tu • z 0-4 0 iUIJUUUUlfl l"""'"" ° ueece 111111111111113 • • • El" cria"14 r4c3 ."4c, :-..4•4 1:01 . - • ' • -•ck,!::11kjk 3.; - t > m � W r Q 2 5 Or m w 6 ¢ Y ¢ ¢ H 2 m 7 D 0 u I O O¢ N N WATER SOFT 7 H V 6 w cc 2 O i AT. FAN WrTIM THRO.WALL A/C 8 0 0 2 O O S O O ° V J > F., ° O2 0 4 0 = 0 0 O i r ..2.2 C7 z 2 w v ° 0 Q a O 6 z 3 0 w w w° V 2 r O Z Z1 2 0 > oZ meh g § z 1= Q N 0 J < O r m z 34 0 N a 0 g Lu u- LL Q 1 Q O 6 O > V Z O 6 a m 3 HOT WTR /STM 8 EVAP COOLER x 2 8 j 3) 5 8 ❑ ❑ 0 0 0 2 LL LL LL < DEPRECIATION fi a 8 3 a 0 a MFt. APPLIANCES & MECHANICAL TOTAL S i Y .J H f o J u J m 3 FIXTURE BATF J/4 BATH 2 FIXTURE BATHI = 7 ._ > J > 5° BATH TUB ROMAN TUB It STALL SHOWER ST SHWR W/OR 'KITCHEN SINK WATER HEATER 4 F ¢/- , a H O N p 3 J N N o o t m u LL v`~i n a SLID TUB ENCL. WATER SOFT < r p ECTRN AIR Cl. HUMIDIFIER. EL.WALL HT. ..,717 EL.WALL HT. wr,. AT. FAN W/TIM THRU.WALL A/C — 0 J CD . Z 3 cc•0t D US...... . HEATING FORCED AIR I IA TRASH COMP. I 4 ¢ p ¢> r x 'BSMT HOT WTR ELECTRIC WL/FLR FURN. A.C. ON HT. DM> C. (IN ONN OCTS. EVAP COOLER o Arr LIANUtb :00K TOP NALL OVEN DROP-IN RGE/OV o o = HOOD ICUSSTRI (HOOD CUSCONI ELTRN. OVEN ELECTRIC 880 DOUBLE OVEN CENTRAL VAC. INTER. (AM -FML INTERCOM (AMI INTER. (REM. -STAT SMOOTH CK. TOP SELF.CLN OVEN L Z. rCER TILE 1 IHO TILE I ROOF COVERING ASP SHING I I RL COMP DEPRECIATION i CP r _ mq (7 a _ < W SpQ� 5 n Z s o g Vf14.'' .(t.. ,'., /�.r,�p-06' Is IBRK,6RK r¢< LL V gra V� cc ? V ¢� V F r" S 8 Qtu 0 0 p p a n n Z a 'OTAL COST S LS f .. -$ N TOTAL BASE COST ADJUSTED RASE COST _ S N o V H Z BASEMENT UNFINISHED a BASEMENT FINISHED ❑ 1 I J 0 Q N TOTAL R.C.N. AREA FACTOR _% - ADJ. R.C.N. , II I OTHER ITEMS . , a L ❑ ❑ ❑ IEPLACE RD IMPS T TUB 3SIVE SOLAR o J } Q ^/n . COVERED (OPEN) PORCHES OP WOOD BALCONIES W8 ENCLOSED PORCHES TERRACE IPATIOI O Sw I ,> O 2 • I l I ) m a i i ICONC. STAIRS OR STAIRWELL �.i BUILDING PERMITS sic O 1 I REMARKS • .. ^6k,-'� DN IMPROVEMENTS s"' I Y: - I .� .._ .� < Q Q i cc s i f > 7 i, D Q a -lc U g Q JN 8 2 IL LU 0 a- a U W y l7 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. Sub -Div. (Port Y a V , O 2 Sched: 080148 Dist: 008 Twn: 2395 Sec: 03 Qs: 3Blk: 00 Lot: 031 F_Name: DON L. & NANETTE L. L Name: SEATON Address: 520 BELLE ISLE AVE City: BELLEAIR BEACH Property Street #: Tax Code: 0540 Property type: Sub Code: Subdivision__-: TT1_Land$: 24940 Acres: 12.850 Sq`Ft: 0 Land Actual $: 86000 Impr Actual $: DocFee: 6.50 DocDate: 07/30/87 DeedType: Name 2: C/O SEA WAKE RESORTS St: FL Zip: 34634-3612 Street: 10 AC TO L/T 35 AC Tax Ratio: 29.00 TTL Improv$: 0 Yr Built: Comments: Tax Cert#: 0 WD Book: 0717 Page: 0774 Tax Cert Year: Sched: 080085 Dist: 008 Twn: 2395 Sec: 03 Qs: 3Blk: 00 Lot: 032 F_Name: WILLIAM L. & NANCY C. L Name: FLOOD Address: 410 20TH ST STE 104 City: GLENWOOD SPRINGS Property Street #: 004339 Tax Code: 1112 Property type: Sub Code: Subdivision_ TT1Land$: 8610 Acres: 6.070 Sq`Ft: 0 Land Actual $: 82000 Impr Actual $: 199920 DocFee: 0.00 DocDate: Yr Built: 73 Tax Cert#: Comments: Name 2: St: CO Zip: 81601-4272 Street: 117 ROAD SINGLE FAM.RES.-LAND Tax Ratio: 12.86 TTL Improv$: 20990 DeedType: Book: Tax Cert Year: Sched: 080073 Dist: 008 Twn: 2395 Sec: 03 Qs: 3Blk: 00 Lot: F Name: MICHAEL A. & TROYER HILDUR Y. L Name: MAYER 033 Name 2: Address: 4341 117 ROAD City: GLENWOOD SPGS. St: CO Zip: 81601 Property Street #: 004341 Tax Code: 1112 Property type: Sub Code: Subdivision_ TT1_Land$: 8510 Acres: 5.630 Sq`Ft: 0 Land Actual $: 81000 Impr Actual $: 293220 DocFee: 30.00 DocDate: 05/05/93 DeedType: WD Book: 0861 Page: Street: 117 ROAD SINGLE FAM.RES.-LAND Tax Ratio: 12.86 TTL Improv$: 30790 Yr Built: 83 Tax Cert#: Comments: TWO Tax Cert Year: PARCELS ACROSS COUNTY ROAD 117 1- 2395-033-07-001 2- 2395-033-07-008 Page: 0583 JOHN A AND COLLEEN B. GROTH 4264 CO RD 117 Glenwood Springs, CO 81601 DAVID W.AND CAROL R. ECHEVERRIA 0100 HOME PLACE Glenwood Springs, CO 81601 E. Evidence of the soil types and characteristics of each type NONTECHNICAL SOILS DESCRIPTION REPORt GENERAL Map Symbol Soil name and description 18 Cochetopa-Antrobus association, 12 to 25 percent slopes This map unit is on mountainsides and fans. This unit is 45 percent Cochetopa loam and 35 percent Antrobus very stony loam. The Cochetopa soil is deep and well drained. The surface layer is loam about 21 inches thick. The subsoil is stony clay loam and stony clay about 24 inches thick. The substratum is stony clay to a depth of 60 inches. Permeability is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is rapid, and the erosion hazard is very high. The Antrobus soil is deep and well -drained. It formed in alluvium and colluvium derived dominantly from basalt. The surface is covered with 12 to 15 percent stones and 25 percent cobble. The surface layer is very stony loam about 12 inches thick. The underlying material to a depth of 60 inches or more is extremely stony loam. Permeability is moderate. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is high to very high. 42 Fluvaquents, 0 to 10 percent slopes This broadly defined unit consists of deep, somewhat poorly drained soils on flood plains and alluvial valley floors. Fluvaauents are stratified and vary widely in texture and depth to sands, gravels and cobbles. The surface layer is loamy sand to fine enrdv loam and silty loam to clay loam. The underlying layers are generally sandy loam or loam stratified with sands, gravels, and cobbles. In some areas. gravels and cobbles are on or near the surface. Permeability varies from rapid to moderately slow. Available water capacity above the water table is very low or low. Rooting depth is 60 inches or more for water tolerant plants. Runoff is slow to medium. Erosion hazard is slight to high. The water table fluctuates between depths of 0.5 and 2 feet. during spring and summer. These soils are subject to brief. occasional flooding late in spring and early in summer. 43 Forelle-Brownstc complex, 6 to 12 percent slopes NONTECHNICAL SOILS DESCRIPTION REPORT GENERAL Map Symbol Soil name and description This map unit is on mountains and benches. This unit is 55 percent Forelle and 30 percent Brownsto. The Forelle soil is deep and well -drained. It formed in mixed alluvium and aeolian material derived dominantly from volcanic material and sedimentary and igneous rock. The surface layer is loam 6 inches thick. The subsoil is light clay loam 24 inches thick. The substratum to a depth of 60 inches is loam. Permeability is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium to rapid, and the hazard of water erosion is high to very high. The Brownsto soil is deep and well -drained. It formed in alluvium derived dominantly from coarse textured calcareous sandstone and basalt. The upper part of the surface layer is gravelly sandy loam 4 inches thick. The lower part is gravelly loam 7 inches thick. The upper 19 inches of the underlying material is very gravelly sandy loam. The next 12 inches are very gravelly loamy sandy. The lower part to a depth of 60 inches is gravelly sandy loam. Permeability is moderate. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate to high. 94 Showalter-Morval complex, 5 to 15 percent slopes This map unit is on alluvial fans, high terraces, and valley sides. This unit is 45 percent Showalter very stony loam and 35 percent Morval loam. The Showalter soil is deep and well -drained. It formed in alluvium derived dominantly from basalt. The surface is covered with 10 to 15 percent stones. The surface layer is very stony loam 8 inches thick. The upper 3 inches of the subsoil is very cobbly clay loam. The lower 28 inches is very cobbly clay. The substratum to a depth of 60 inches or more is very cobbly clay loam. Permeability is slow. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate to high. NONTECHNICAL SOILS DESCRIPTION REPORT GENERAL Map Symbol Soil name and description The Morval soil is deep and well -drained. It formed in alluvium derived dominantly from basalt. The surface layer is loam 7 inches thick. The upper 12 inches of the subsoil is clay loam. The lower 4 inches are loam. The substratum to a depth of 60 inches or more is loam. Permeability is moderate. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium to rapid, and the hazard of water erosion is high to very high. 95 Showalter-Morval complex, 15 to 25 percent slopes This map unit is on alluvial fans, high terraces. and valley sides. This unit is 45 percent Showalter very stony loam and 35 percent Morval loam. The Showalter soil is deep and well -drained. It formed in alluvium derived dominantly from basalt. The surface is covered with 10 to 15 percent stones. 5 percent cobble, and 5 percent gravel. The surface layer is very stony loam 8 inches thick. The upper 3 inches of the subsoil is very cobbly clay loam. The lower 28 inches of the subsoil is very cobbly clay. The substratum to a depth of 60 inches or more is very cobbly clay loam. Permeability is slow, Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is high to very high. The Morval soil is deep and well -drained. It formed in alluvium derived dominantly from basalt. The surface layer is loam 7 inches thick, The upper 12 inches of the subsoil is clay loam. The lower 4 inches is loam, The substratum to a depth of 60 inches or more is !cam. Permeability is moderate. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE PAGE 1 OF 3 07/5195 WILDLIFE HABITAT GENERAL Potential for habitat elements Potential as habitat for-- 1 I I I I I , I ' Map symbol Grain , Wild Open- Wood Range - and soil name and ;Grasses; herba-; Hard- Conif- Shrubs;Wetland!Shallow; land land ;Wetland; land seed ; and ; ceous; wood erous ;plants ; water wild- wild- ; wild- wild - crops ;legumes; plants; trees plants ; areas life life ; life life 1 1 1 I 1 I I I 1 ' -'-- .---1 Cochetooa Antrobus 42: Fluvaquents 43: Forelle Brownsto 94: Showalter Marval 95: Showal ter Morval ;POOR ;POUR. I I I I I I ;VERY ;VERY POOR ; POOR I I I , ;POOR ;POOR ;FAIR ;FAIR ;P009 ;FAIR I 1 VERY POOR POOR VERY POOR ;GOOD ;GOOD ;FAIR ;FAIR FAIR FAIR ;FAIR ;FAIR I , 1 I , 1 I I VERY ;VERY ;FAIR POOR ; POOR I I 1 I 1 I ;POOR ;FAIR ;FAIR I I I , I I , 1 I , FAIR FAIR ;FAIR ;1.0D ;VEki ;Vt''t ;!-AIF'. '+ERY :t(a POOR ; POOR ; P009 1 1 I 1 ;FAIR ;VERY ;VERY ;P009 , --- ;VERY ;FAIR POOR ; POOP ; POOR 1 11 1 1 1 , I 1 , 1 1 1 1 ;FAIR ;FAIR ;POOR ;POOR ;FAIR ;POOR , 1 , , 1 1 1 1 I 1 1 I , I , ;FAIR ;VERY ;VERY ;FAIR ; --- ;VERY ;FAIR POOR ; POOR ; 1 ; POOR FAIR ;VERY ;VERY ;FAIR ; --- ;VERY ;FAIR POOR ;POOR ' POOR , 1 I 1 I I I I I 1 , I I I FAIR VERY ;VERY ;POOR ;FAIR ;VERY ;FAIR POOR ; POOR ; POOR I 1 1 I 1 ;GOOD VERY ;VERY ;FAIR 1 I VERY ;FAIR POOR ;POOR 1 1 ; POOR 1 1 1 1 1 1 1 1 1 , I 1 I I I 1 1 I 11 1 ;FAIR VERY ;VERY ;POOR ;FAIR ;VERY ;FAIR POOR ; POOR ; 1 POOR 1 1 I 1 ;GOOD ;VERY ;VERY ;FAIR ; --- ;VERY ;FAIR POOR ; POOR ; ; POOR , 1 I I , U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE WILDLIFE HABITAT Endnote -- WILDLIFE HABITAT PAGE 2 OF 07/5/95 Soils affect the kind and amount of vegetation that is available to wildlife as food and cover. They also affect the construction of water impoundments. The kind and abundance of wildlife depend largely on the amount and distribution of food, cover, and water. Wildlife habitat can be created or improved by planting appropriate vegetation, by maintaining the existing plant cover. or by promoting the natural establishment of desirable plants. In this report the soils are rated according to their potential for providing habitat for various kinds of wildlife. This information can be used in planning parks, wildlife refuges, nature study areas, and other developments for wildlife; in selecting soils that are suitable for establishing, improving, or maintaining specific elements of wildlife habitat; and in determining the intensity of management needed for each element of the habitat. The potential of the soil is rated "Good," "Fair," "Poor," or "Very poor." A rating of "Good" indicates that the element or kind of habitat is easily established, improved, or maintained. Few or no limitations affect management. and satisfactory results can be expected. A rating of "Fair" indicates that the element or kind of habitat can be established, improved, or maintained in most places. Moderately intensive management is required for satisfactory results. A rating of "Poor" indicates that limitations are severe for the designated element or kind of habitat. Habitat can be created, improved, or maintained in most places, but management is difficult and must be intensive. A rating of "Very poor" indicates that restrictions for the element or kind of habitat are very severe and that unsatisfactory results can be expected. Creating. improving, or maintaining habitat is impractical or impossible. The elements of wildlife habitat are described in the following paragraphs. GRAIN AND SEED CROPS are domestic grains and seed -producing herbaceous plants. Sail properties and features that affect the growth of grain and seed crops are depth of the root zone. texture of the surface laver, available water capacity, wetness, slope, surface stoniness. and flood hazard. Soil temperature and soil moisture are also considerations. Examples of grain and seed crops are corn, wheat, oats, and barley. GRASSES AND LEGUMES are domestic perennial grasses and herbaceous legumes. Soil properties and features that affect the growth of grasses and legumes are depth of the root zone, texture of the surface layer, availaole water capacity, wetness, surface stoniness. flood hazard. and slope. Soil temperature and soil moisture are also considerations. Examples of grasses and legumes are fescue, lovegrass, bromegrass, clover, and alfalfa. WILD HERBACEOUS PLANTS are native or naturally established grasses and forbs. including weeds. Soil properties and features that affect the growth of these plants are depth of the root zone, texture of the surface laver, available water capacity, wetness. surface stoniness, and flood hazard. Soil temperature and soil moisture are also considerations. Examples of wild herbaceous plants are bluestem, goldenrod, beggarweed, wheatgrass, and grama. HARDWOOD TREES and woody understory produce nuts or other fruit, buds, catkins. twigs, bark. and foliage. Soil properties and features that affect the growth of hardwood trees and shrubs are depth of the root zone, available water capacity, and wetness. Examples of these plants are oak. poplar, cherry. sweetgum. apple, hawthorn, dogwood. hickory. blackberry, and blueberry. Examples of fruit -producing shrubs that are suitable for planting on se!is rated are Russian -olive, autumn -olive, and crabapple. rPNIFEROUS PLANTS furnish browse and seeds. Soil properties and features that affect the growth of coniferous trees. shrubs. and ground cover are depth of the root zone. available water capacity. and wetness. Examples of coniferous plants are pine, spruce, fir, cedar. and juniper. SHRUBS are bushy woody plants that produce fruit, buds, twigs. bark, and foliage. Soil properties and features t`'?t affect the growth of shrubs are depth of the root zone. available water capacity. siinity. and soil m2isture. Examples of shrubs are mo.untainmahogany, bitterbrush, snowberry. and big sagebrush. U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE WILDLIFE HABITAT Endnote -- WILDLIFE HABITAT --Continued PAGE 3 OF 3 07/5/95 WETLAND PLANTS are annual and perennial wild herbaceous plants that grow en moist or wet sites. Submerged or floating aquatic plants are excluded. Soil properties and features affecting wetland plants are texture of the surface layer, wetness, reaction, salinity, slope, and surface stoniness. Examples of wetland plants are smartweed, wild millet, wildrice, saltgrass, cordgrass, rushes, sedges, and reeds. SHALLOW WATER AREAS have an average depth of less than 5 feet. Some are naturally wet areas. Others are created by dams, levees, or other water -control structures. Soil properties and features affecting shallow water areas are depth to bedrock, wetness, surface stoniness, slope, and permeability. Examples of shallow water areas are marshes. waterfowl feeding areas, and ponds. The habitat for various kinds of wildlife is described in the following paragraphs. HABITAT FOR OPENLAND WILDLIFE consists of cropland, pasture. meadows. and areas that are overgrown with grasses, herbs. shrubs, and vines. These areas produce grain and seed crops, grasses and legumes. and wild herbaceous plants. Wildlife attracted to these areas include bobwhite quail, pheasant, meadowlark, field sparrow, cottontail, and red fox. HABITAT FOR WOODLAND WILDLIFE consists of areas of deciduous plants or coniferous plants or both and associated grasses. legumes, and wild herbaceous plants. Wildlife attracted to these areas include wild turkey. ruffed grouse, woodcock. thrushes, woodpeckers, squirrels, gray fox, raccoon, deer. and bear. HABITAT FOR WETLAND WILDLIFE consists of open, marshy or swampy shallow water areas. Some of the wildlife attracted to such areas are ducks, geese, herons, shore birds, muskrat, mink, and beaver, HABITAT FOR RANGELAND WILDLIFE consists of areas of shrubs and wild herbaceous plants. Wildlife attracted to rangeland include antelope, deer, sage grouse, meadowlark, and lark bunting. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 4 SOIL CONSERVATION SERVICE 07i5l95 SANITARY FACILITIES GENERAL (The information in this report indicates the domivflt soil condition but does not eliminate the need tor onsite investigation) Map symbol Septic tank Sewage lagoon ; Trench Area Daily cover and soil name absorption ! areas ! sanitary sanitary for landfill fields landfill ! landfill s , 18: ' ' ' Cochetopa ;Severe: !Severe: !Severe: !Severe: Poor: Peres slowly, ; slope ! slope ! slnoe ! slope slope Antrobus Severe: !Severe: ;Severe: 'Severe: ;Poor: Peres slowly, ; seepage. slope, ! slope ; large scones. slope, ; slope, large stones ' slope large stones ; large stones 42: ' ' ' Fluvaouents !Severe: !Severe: ;Severe: ;Severe: !Poor: 43: Forelle Brownsto 94: Showalter Morval wetness Severe: percs slowly Severe: poor filter Severe: percs slowly, large stones Moderate: percs slowly, slope wetness ; wetness. i i4etl,e'-_, ; tor, s'Inrl too sandy ; ; small stones , ;Moderate: ;Moderate: ;Fair: slope ; slope ; slope Severe: ;Moderate: ;Moderate: ;Poor: seepage, ; slope, ; slope ; small stones slope ' too sandy , Severe: ;Severe: ;Moderate: :Poor: slope, too clayey, slope ; too clayey, large stones large stones ; large stones Severe: slope Severe: slope Moderate: slope Moderate: slope Fair: slope U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SANITARY FACILITIES --Continued GENERAL PAGE 2 Of 4 07/51°5 ; Map symbol ; Septic tank ; Sewage lagoon Trench ; Area ; Daily cover and soil name ; absorption areas sanitary ; sanitary ; for landfill fields landfill ; landfill 1 , 95: ' ,1 1 I Showalter Severe: Severe: Severe: ;Severe: ;Poor: percs slowly, slope, ; slope. ; slope ; too clayey. slope, large stones too clayey, ; large stones, large stones large stones slope Morval Severe: Severe: ;Severe: ;Severe: Poor: ; slope slope ; slope ; slope slope U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SANITARY FACILITIES PAGE 3 OF 4 O7/5IP5 Endnote -- SANITARY FACILITIES This report shows the degree and kind of soil limitations that affect septic tank absorption fields, sewage lagoons. and sanitary landfills. The limitations are considered "Slight" if soil properties and site features generally are favorable for the indicated use and limitations are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design. or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. This report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good" indicates that soil properties and site features are favorable for the use and good performance and low maintenance can be expected; "Fair" indicates that soil properties and site features are moderately favorable for the use and one or more soil properties or site features make the soil less desirable than the soils rated "Good and "Poor" indicates that one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable properties requires special design, extra maintenance, or costly alteration. SEPTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 12 inches is evaluated. The ratings are base on soil properties, site features, and observed performance of the soils. Permeability. a high water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent, Large stones and bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields, including excessively slow absorption of effluent, surfacing of effluent, and hillside seepage. can affect public health. Groundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the base of the absorption field, if slope is excessive, or if the water table is near the surface. There must be unsaturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances require that this material be of a certain thickness. SEWAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons generally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for the natural soil that makes uo the lagoon floor. The surface layer and. generally, 1 or 2 feet of soil material below the surface layer are excavated to provide material for the embankments. The ratings are based on soil properties, site features, and observed performance of the soils. Considered in the ratings are slope. permeability, a high water table. depth to bedrock or to a cemented p=n. floodi^g. large stones. and content of organic matter. Excessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level cf sewage in the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of tl.e lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. SANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill, trench and area. In a trench landfill. the waste is placed in a trench. It is spread, compacted. and covered daily with a thin layer of soil excavated at the site. In an area landfill, the waste is placed in successive lavers on the surface of the soil. The waste is spread. compacted. and covered daily with a thin layer of soil form a source away from the site. Both types of landfill must be able to bear heavy vehicular traffic. both types involve , risk of groundwater pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SANITARY FACILITIES PAGE 4 OF 4 07/5/95 Endnote -- SANITARY FACILITIES --Continued on soil properties, site features, and observed performance of the soils. Permeability, depth to bedrock or to a cemented pan, a high water table, slope, and flooding affect both types of landfill. Texture, stones and boulders, highly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches. a limitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed. DAILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary landfill. The soil material is obtained offsite, transported to the landfill, and spread over the waste. Soil texture, wetness. coarse fragments. and slope affect the ease of removing and spreading the material during wet and dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a landfill. Clayey soils may be sticky or cloddy and are difficult to spread; sandy soils are subject to soil blowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough over bedrock, a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a landfill should be suitable for plants. The surface layer generally has the best workability, more organic matter than the rest of the profile, and the best potential for plants. Material from the surface layer should be stockpiled for use as the final cover. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 3 SOIL CONSERVATION SERVICE 07/5/95 RECREATIONAL DEVELOPMENT GENERAL (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol Camp areas Picnic areas Plirounds ; Paths and trails ! Golf fairways and soil name ; 18: Cochetooa ;Severe: ;Severe: Severe: :Moderate: .Severe: ' slope ; slope ; slope ; slope ; slope Antrobus ;Severe: ;Severe: 'Severe: !Severe: !Severe: slope ; slope ; large stones. ; large stones : l?rge stones. ! slope ; slcce 42: Fluvaquents ;Severe: ;Severe: ;Severe: ;Severe: ;Severe: flooding, ; wetness ; wetness ; wetness ; wetness wetness . ; 43: ; Forelle ;Moderate: ;Moderate: ;Severe: ;Severe: ;Moderate: slope, ; slope. ; slope ; erodes easily ; slope dusty ; dusty ! Brownsto !Moderate: ;Moderate: ;Severe: ;Slight :Mode ate. small stones 94: Showalter ;Moderate: slope, large stones, small stones Morval 95: Showalter ' small stones ; small stores drought,, slope ! ! ,Moderate: ,Severe: 'Moderate: ;Severe: slope. ! large stones. ; large stones ; large stones large stones, ; slope, ' small stones ; small stones ! , Moderate: !Moderate: ;Severe: ;Moderate: ;Moderate: slope, slope, slope dusty , slope dusty ; dusty Severe: ;Severe: ;Severe: ;Moderate: ;Severe: slope ; slope ; large stones, ; large stones, ; large stones. slope, slope ; slope small stones U.S. DEPARTMENT Of AGRICULTURE SOIL CONSERVATION SERVICE RECREATIONAL DEVELOPMENT --Continued GENERAL Map symbol and soil name Morval Camp areas Picnic areas Severe: ;Severe: slope ; slope Playgrounds ;Severe: slope PAGE 2 OF 3 07/5/95 Paths and trails Golf tairways ;Moderate: ;Severe: slope, ; slope dusty U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE RECREATIONAL DEVELOPMENT Endnote -- RECREATIONAL DEVELOPMENT PAGE 3 OF 3 O7i5i95 The soils of the survey area are rated in this report according to limitations that affect their suitability for recreation. The ratings are based on restrictive soil features, such as wetness, slope. and texture of the surface layer. Susceptibility to flooding is considered. Not considered in the ratings, but important in evaluating a site, are the location and accessibility of the area, the size and shape of the area and its scenic quality. vegetation, access to water, potential water impoundment sites, and access to public sewer lines. The capacity of the soil to absorb septic tank effluent and the ability of the soil to support vegetation are also important. Soils subject to flooding are limited for recreation use by the duration and intensity of flooding and the season when flooding occurs. In planning recreation facilities, onsite assessment of the height, duration, intensity. and frequency of flooding is essential. In this report the degree of soil limitation is expressed as "Slight." "Moderate,' or "Severe." 'Slight" means that soil properties are generally favorable and that limitations are minor and easily overcome. "Moderate" means that limitations can be overcome or alleviated by planning, design, or special maintenance. "Severe" means that soil properties are unfavorable and that limitations can be offset only by costly soil reclamation, special design. intensive maintenance, limited use, or by a combination of these measures. The information in this report can be supplemented by information available in other reports. for example, interpretations for septic tank absorption fields in the Sanitary Facilities report and interpretations for dwellings without basements and for local roads and streets in the Building Site Develcoment report. CAMP AREAS require site preparation, such as shaping and leveling the tent and narking areas, stabilizing roads and intensively used areas, and installing sanitary facilities and utility lines. Camp areas are subject to heavy foot traffic and some vehicular traffic. The best soils have mild slopes and are not wet or subject to flecdina during the period of use. The surface has few or no stones or boulders, absorbs rainfall readily but remains firm. and is not dusty when dry. Strong slopes and stones or boulders can greatly increase the cost of constructing campsites. PICNIC AREAS are subject to heavy foot traffic. Most vehicular traffic is confined to access roads and parking_ areas. The best soils for picnic areas are firm when wet, are not dusty when dry, are not subject to flooding d'jring the period of use, and do not have slopes or stones or boulders that increase the cost of shaping sites cr of building access roads and parking areas. PLAYGROUNDS require soils that can withstand intensive foot traffic. The best soils are almost level and are not wet or subject to flooding during the season of use. The surface is free of stones and boulders, is firm after rains. and is not dusty when dry. If grading is needed, the depth of the soil over bedrock or hardpan should be considered. PATHS AND TRAILS for hiking and horseback riding should require little or no cutting and filling. The best soils are not wet. are firm after rains. and not dusty when dry. and are not subject to flooding more than once a year during the period of use. They have moderate slopes and few or no stones or boulders on the surface. GOLF FAIRWAYS are subject to heavy foot traffic and some light vehicular traffic. Cutting or filling may be required. The best soils for use as golf fairways are firm when wet. are not dusty when dry. and are rot subrect to Prolonged flooding during the oeriod of use. They have moderate slopes and no stones orr boulders on the surface. The suitability of the soil for tees or greens is not considered in rating the soils. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 3 SOIL CONSERVATION SERVICE 07/5/95 Flooding WATER FEATURES GENERAL High water table and ponding and soil name ' logic; Freouency Duration group Months tame ; Kind of ; orn. depth ;water table; 18: Cochetopa Antrobus 42: Fluvaquents 43: Forelle Brownsto 94: Showalter Morval 95: Showalter Morval C ;None B ;None D ;Occasional 8 ;None 8 ;None C ;None B ;None C ;None 8 ;None Brief Ft - - >6.0 >6.0 MAR -SEP ; 0.5-2.0 Apparent Mar -Sep >6.0 >6.0 >6.0 >6.0 >6.0 >6.0 F'UG7t'10 oo'riing duration depth Ft U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE WATER FEATURES Endnote -- WATER FEATURES PAGE 2 OF 3 07/5/95 This report gives estimates of various soil water features. The estimates are used in land use planning that involves engineering considerations. Hydrologic soil groups are used to estimate runoff from precipitation. Soils not protected by vegetation are assigned to one of four groups. They are grouped according to the infiltration of water when the soils are thoroughly wet and receive precipitation from long -duration storms. The four hydrologic soil groups are: Group " A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group "B". Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group "C". Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a hiah shrink -swell potential, soils that have a permanent high water table. soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to two hydrologic grouos in this report, the first letter is for drained area: and the second is for undrained areas. Flooding, the temporary inundation of an area, is caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmeit is not considered flooding, nor is water in swamps and marshes. This report gives the frequency and duration of flooding and the time of year when flooding is most likely. Frequency. duration. and probable dates of occurrence are estimated. Frequency is exoressed as "None", "Rare". "Occasional", and "Frequent`. "None means that flooding is not Probable; "Rare" that it is unlikely but possible under unusual weather conditions; "Occasional' that it occurs. on the average, once or less in 2 years; and "Freauent" that it occurs. on the average. more than once in 2 years. Duration is expressed as "Very brief" if less than 2 days. "Brief" if 2 to 7 days, "i_ono" if 7 to 30 days. and 'Very long" if more than 30 days. The information is based on evidence in the soil profile. namely thin strata of gravel, sand, silt, or clay deposited by floodwater; irregular decrease in organic matter content with increasing depth: and absence of distinctive horizons that form in soils that are not subject to flooding. Also considered are local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE WATER FEATURES PAGE 3 OF 3 07/5/95 Endnote -- WATER FEATURES --Continued Information on the extent of flooding based on soil data is less specific than that provided by detailed engineering surveys that delineate flood -prone areas at specific flood frequency levels. High water table (seasonal) is the highest level of a saturated zone in the soil in most years. The depth to a seasonal high water table applies to undrained soils. The estimates are based mainly on the evidence of a saturated zone, namely grayish colors or mottles in the soil. Indicated in this report are the depth to the seasonal high water table; the kind of water table, that is, "Apparent", "Artesian", or "Perched"; and the months of the year that the water table commonly is high. A water table that is seasonally high for less than 1 month is not indicated in this report. An "Apparent" water table is a thick zone of free water in the soil. It is indicated by the level at which water stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. An "Artesian" water table exists under a hydrostatic beneath an impermeable layer. When the impermeable layer has been penetrated by a cased borehole, the water rises. The final level of the water in the cased borehole is characterized as an artesian water table. A "Perched" water table is water standing above an unsaturated zone. In places an upper, or 'Perched", water table is separated from a lower one by a dry zone. Only saturated zones within a depth of about 6 feet are indicated. Ponding is standing water in a closed depression. The water is removed only by deep percolation, transpiration. evaporation. or a combination of these processes. This report gives the depth and duration of ponding and the time of year when ponding is most likely. Depth, duration. and probable dates of occurrence are estimated. Depth is expressed as the depth of ponded water in feet above the soil surface. Duration is expressed as 'Veru brief" if less than 2 days. 'Brief" if 2 to 7 days. 'Long" if 7 to 30 days. and 'Veru lona if more than 30 days. The information is based on the relation of each soil on the landscape to historic ponding and on local information about the extent and levels of ponding. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 2 SOIL CONSERVATION SERVICE 07/5/95 SOIL FEATURES GENERAL Bedrock Cemented pan ; Subsidence ! Risk of corrasion Potential Map symbol ,frost action; Uncoated and soil name Depth ;Hardness; Depth Kind !Initial; Total ! steel Concrete I 1 1 ' In In In In 1 18: Cochetopa >60 ; ,Moderate ;Moderate !Low Antrobus >60 ;Moderate ,High !Low 42: 1 Fluvaquents >60 --- !High 'High 'Low 43: Forelle ; >60 I I ! I Brownsto ; >60 I 1 ! I 94: Showalter >60 Morval ; >60 , I 1 , 95: Showalter >60 I I 1 I Morval ; >60 I I I I I I 1 I 1 I I ! i I I 1 ! I I I I , 1 I I ! I I I I I I I I I 1 I ! I i ;Low :High ;Low 1 I ;Low ;High ;Low , 1 ;Moderate ;High ;Moderate ;Moderate ;High ;Low 1 , , I 1 Moderate ;High ;Moderate ;Moderate ;High ;Low I , , 1 U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SOIL FEATURES Endnote -- SOIL FEATURES PAGE 2 OF 2 07/5/95 This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is "Soft" or fractured, excavations can be made with trenching machines, backhoes, or small rippers. If the rock is "Hard" or massive, blasting or special equipment generally is needed for excavation. Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in excavation. Pans are classified as "Thin" or "Thick". A "Thin" pan is less than 3 inches thick it continuously indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines, backhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence results from either desiccation and shrinkage or oxidation of organic material, or both. following drainage. Subsidence takes place gradually, usually over a period of several years. This report shows the expected iritial subsidence, which usually is a result of drainage. and total subsidence, which usually is a result of oxidation. Not shown in the report is subsidence caused by an imposed surface load or by the withdrawal of around water throughout an extensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost action occurs when moisture moves into the freezing zone of the soil. Temperature. texture, density. permeability. content of organic matter, and depth to the water table are the most important factors considered in evaluating the potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to frost action. Well drained, very gravelly. or very sandy soils are the le?,st susceptible. Frost heave and low soil strength during thawing cause damage mainly to pavements and other rigid structures. Risk of corrosion pertains to potential soil -induced electl,,,en ical or chemical action that dissolves or weakens uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture. ratrirle-size distribution, acidity, and electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on the sulfate and sodium content. texture. moisture content. and acidity of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in installations that are entirely within one kind of soil or within one soil laver. For uncoated steel. the risk of corrosion, expressed as "Low". "Moderate", or "High'. is based on soil drainage class. total acidity. electrical resistivity near field capacity, and electrical conductivity of the satTaticn extract. For concrete. the risk of corrosion is also expressed as Low'. "Moderate'. or High . It is based on soil texture. acidity, and amount of sulfates in the saturation extract. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF SOIL CONSERVATION SERVICE 07`5/`r5 BUILDING SITE DEVELOPMENT GENERAL (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol Shallow Dwellings Dwellings Small ; Local roads ; Lawns and and soil name ; excavations without with ; commercial ; and streets ; landscaping ; basements basements buildings , 1 1 - -' 18: Cochetopa ;Severe: ;Severe: ;Severe: ;Severe: ;Severe: 'Severe: ; slope ; slope ; slope ; slope ; low strength. ; slope ; ' slope Antrobus ;Severe: Severe: ;Severe: ;Severe: ;Severe: ;Severe: ; large stones. slope, ; slope, ; slope. ' slope. large stones. ; slope ' large stones ; large stones ; large stones ; large stones ; slope , 1 42: i Fiuvaguents ;Severe: Severe: ;Severe: ;Severe: ;Severe: ;Severe: ; cutbanks cave, flooding, ; flooding, ; flooding. ; wetness, ; wetness ; wetness wetness ; wetness ; wetness ; flooding. ; 1 1 ; ; frost action ; 43: ' 1 Forelle ;Moderate: ;Moderate: ;Moderate: ;Severe: ;Moderate: ;Moderate: ; slope ; slope ; slope ; slope ; low strength, ; slope ; slope Brownsto ;Severe: ;Moderate: ;Moderate: ;Severe: ;Moderate: ;Moderate: ; cutbanks cave ; slope ; slope ; slope ; slope ; small stones, droughty. ; slope 94: ; ; Showalter ;Severe: ;Severe: ;Severe: Severe: ;Severe: ;Severe: large stones ; large stones ; large stones ; slope, ; low strength. ; large stones large stones ; large stones I 1 Morval ;Moderate: ;Moderate: ;Moderate: ;Severe: ;Moderate: ;Moderate: ; slope ; slope ; slope ; slope ; slope, ! slope , 1 ; frost action ; 1 I U.S. DEPARTMENT OF AGRICULTURE PAGE 2 OF 3 SOIL CONSERVATION SERVICE 07/5/q5 BUILDING SITE DEVELOPMENT --Continued GENERAL Map symbol Shallow and soil name excavations 95: Showalter Norval Severe: large stones, slope Dwellings Dwellings , Small Local roads Lawns and without ; with commercial and streets landscaping basements basements , buildings 1 , , Severe: ;Severe: ;Severe: :Severe: Severe: slope, ; slope, ; slope, ; low strength, ; large stones, large stones ; large stones ; large stones ; slope, ; slope ' ' large stones ;Severe: ;Severe: ;Severe: ;Severe: slope ; slope ; slope ; slope Severe: ;Severe: slope ; slope U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE BUILDING SITE DEVELOPMENT Endnote -- BUILDING SITE DEVELOPMENT PAGE 3 OF 07/5/95 This report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without basements, small commercial buildings. local roads and streets, and lawns and landscaping. The limitations are "Slight", "Moderate", or "Severe". The limitations are considered "Slight" if soil properties and site features are generally favorable for the indicated use and limitaions are minor and easily overcome: "Moderate' if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe' if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. Special feasibility studies may be required where the soil limitations are severe. SHALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utility lines, open ditches, and other purposes. The ratings are based on soil properties, site features, and observed performance of the soils. The ease of digging, filling, and compacting is affected by the depth to bedrock, a cemented pan. or a very firm dense layer; stone content; soil texture: and slope. The time of the year that excavations can be made is affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of the excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table. DWELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load limit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small commercial buildings without basements, for dwellings with basements, and for dwellings without basements. The ratings are based on soil properties, site features, and observed performance of the soils. A high water table. depth to bedrock or to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping and grading that require cuts and fills of more than 5 or 6 feet are not considered. LOCAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. Trey have a subgrade of cut or fill soil material, a base of gravel. crushed rock. or stabilized soil material. and a flexible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the soils. Depth to bedrock or to a cemented pan, a high water table. flooding. large stones. and slope affect the ease of excavating and grading. Soil strength (as inferred from the engineering classification of the soil). shrink—well potential, frost action potential, and depth to a high water table affect the traffic -supporting capacity. LAWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and maintained. The ratings are based on soil properties, site features. and observed performance of the soils. Soil reaction, a high water table, depth to bedrock or to a cemented pan, the available water capacity in the upper 40 inches, and the content of salts, sodium. and sulfidic materials affect plant growth. Flooding. wetness. slope. stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation is established. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 4 SOIL CONSERVATION SERVICE 01'5/95 CONSTRUCTION MATERIALS GENERAL (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol ; Roadfill Sand Gravel 10Q5011 and soil name Cochetopa Antrobus Fair; shrink -swell. ; excess fines slope Poor: ;Improbable: large stones excess fines. large stones 42: Fluvaquents ;Poor: ;Probable wetness 43: Forelle ;Good ;Improbable: ; excess fines Brownsto ;Good ;Improbable: excess fines 94: Showalter ;Poor: ;Improbable: large stones ; excess fines. large stones Morval ;Good ;Improbable: excess fines :11)0; 1.13Uic: excess fines Imorobable: excess fines. large stones ;Probable ;Improbable: excess fines n r . area reclaim. slope Poor: large stone. area reclaim. slope ;Poor: too sandy. small stones, area reclaim ;Fair: too clayey. small stones. slope ,Improbable: ;Poor: excess fines ; small stones. area reclaim ;Improbable: ;Poor: excess fines. ; too clayey. large stones 1a:ae stones, area reclaim ;Improbable: ; excess fines ;Fair: small stones, slope U.S. DEPARTMENT -OF AGRICULTURE PAGE 2 OF 4 SOIL CONSERVATION SERVICE 01/5/95 CONSTRUCTION MATERIALS --Continued GENERAL Map symbol and soil name 95: Showalter Norval Roadfill Sand Gravel , Topsoil , , 1 1 , I 1 1 1 I , 1 � I I Poor: ;Improbable: ;Improbable: ;Poor: large stones ; excess fines, ; excess fines, ; too clayey, large stones ; large stones ; large stones. 1 I 1 ; area reclaim 1 , 1 Fair: ;Improbable: :Improbable: ;Poor: slope ; excess fines ; excess fines I slope , 1 1 U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE CONSTRUCTION MATERIALS PAGE 3 OF 4 0115!95 Endnote -- CONSTRUCTION MATERIALS This report gives information about the soils as a source of roadfill, sand, gravel, and topsoil. The soils are rated "Good", "Fair", or "Poor" as a source of roadfill and topsoil. They are rated as a "Probable or "Improbable" source of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the soil and its use as construction material. Normal compaction, minor processing. and other standard construction practices are assumed. Each soil is evaluated to a depth of 5 or 6 feet. Roadfill is soil material that is excavated in one place and used in road embankments in another place. In this report. the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a depth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available and it provides detailed information about each soil layer. This information can help determine the suitability of each layer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in the ratings. The ratings are based on soil properties, site features, and observed performance of the soils. The thickness of suitable material is a major consideration. The ease of excavation is affected by large stones. a high water table., and slope. How well the soil performs in place after it has been compacted and drained is determined by its strength las inferred from the engineering classification of the soil) and shrink -swell potential. Soils rated "Good" contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable material, a low shrink -swell potential, few cobbles and stones. and slopes of 15 percent or less. Depth to the water table is more than 3 feet Soils rated "Fair are more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10. They have a moderate shrink -swell potential. slopes of 15 to 25 percent. or many stones. Depth to the water table is 1 to 3 feet. Soils rated "Poor" have a plasticity index of more than 10, a high shrinl-swell potential, many stones. or':lopes of more than 25 percent. They are wet. and the depth to the water table is less than 1 foot. These soils may have layers of suitable material, but the material is less than 3 feet thick. Sand and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and gravel are used in many kinds of construction. Specifications for each use vary widely. In this report only the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific purposes is not evaluated. nor are factors that affect excavation of the material, The properties used to evaluate the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification of the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock. acidity, and stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index Properties report. A soil rated as a "Probable" source has a laver of clean sand and gravel or a laver of sand or gavel that contains up to 12 percent silty fines. This material must be at least 3 feet thick and less trlan 50 percent. by weight. large stones. A11 other soils are rated as an 'Improbable' source. Coarse fragments of soft bedrock. such as shale and siltstone, are not considered to be sand and gravel. U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE CONSTRUCTION MATERIALS Endnote -- CONSTRUCTION MATERIALS --Continued Pq;E 4 OF 1 0]5/95 Topsoil is used to cover an area so that vegetation can be established and maintained. The upper 40 inches of a soil is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borrow area. Plant growth is affected by toxic material and by such properties as soil reaction, available water capacity, and fertility. The ease of excavating, loading, and spreading is affected by rock fragments, slope. a water table, soil texture. and thickness of suitable material. Reclamation of the borrow area is affected by slope, a water table, rock fragments, bedrock, and toxic material. Soils rate "Good" have friable loamy material to a depth of at least 40 inches. They are free of stones and cobbles, have little or no gravel, and have slopes of less than 8 percent. They are low in content of soluble salts. are naturally fertile or respond well to fertilizer, and are not so wet that excavation is difficult. Soils rated "Fair" are sandy soils, loamy soils that have a relatively high content of clay, soils that have only 20 to 40 inches of suitable material, soils that have an appreciable amount of gravel, stones, or soluble salts, or soils that have slopes of 8 to 15 percent. The soils are not so wet that excavation is difficult. Soils rate "Poor" are very sandy or clayey, have less than 20 inches of suitable material, have a large amount cf gravel, stones, or soluble salts. have slopes of more than 15 percent, or have a seasonal water table at or near the surface. The surface layer of most soils is generally preferred for topsoil because of it organic matter content. Organic matter greatly increases the absorption and retention of moisture and nutrients for plant growth. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 4 SOIL CONSERVATION SERVICE 07/5/95 NATER MANAGEMENT GENERAL (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) ; Limitations for-- Features affecting -- Map symbol ; Pond ; Embankments, ; Auuifer-fed Terraces and soil name ; reservoir ; dikes, and ; excavated Drainage Irrigation and Grassed areas levees ponds ; diversions waterways 18: Cochetopa ;Severe: ;Moderate: ;Severe: ;Deep to water Slope ;Slope .Slope ' slope ; piping ; no water Antrobus ;Severe: ;Severe: ;Severe: ;Deep to water ;Slope. ;Slope. ,Large stones. slope ; piping, ; no water ; ; Large stones, ; large stones : Slope. large stones ; ' ; Urougnty : Droughty 42: Fluvaquents ;Moderate: ;Severe: ;Severe: ;Flooding, ;Slope, 'Large stones. ;Large stones. seepage. ; seepage. ; cutbanks cave Large stones. ; Wetness. ; Wetness. ; Wetness. slope ; wetness ; ; Frost action ; Droughty ; loo sandy ; Excess salt , 43: , Forelle ;Severe: ;Severe: ;Severe: ;Deep to water Slope. 'Slope. ;Too arid. Brownsto ;Severe: seepage, slope 94: Showalter ;Severe: slope Morval ;Severe: slope 95: Showalter ;Severe: slope Ercdes easiiv ;Severe: ;Severe: ;Deep to water ;Slope. ;Slope. ;Too arid. ' seepage ; no water Droughty, ; Too sand'.. ; Slope, Soil blowing ; Soil blowing Droughty , I ;Severe: ;Severe: :Deep to water ;Slone, ;Slope, ;Larne stones, large stones no water Large stones. ; Large stones. ! Slope. Droughty ' Percs slowly ; Droughty , I ;Severe: ;Severe: ;Deep to water ;Slope ,Slope. ;Too arid, piping ; no water ; Erodes easily : Slope. ' Erodes easily I I 1 I I I I I I ;Severe: :Severe: ;Deep to water ;Slope. ;Slope. ;Large stones, large stones ; no water ; Large stones, ; Large stones, ; Slope, Droughty ; Percs slowly ; Droughty U.S. DE DIME J Of pi;oi, !$ T ![r SOIL CONSERVATION SP1 E WA1ER MANW:EMFNT--Continued GENERAL Limitations for-- Features affecting -- Map symbol Pond and soil name reservoir areas Norval Severe: slope Embankments, ; Aquifer -fed dikes, and ; excavated levees ponds Severe: ;Severe: piping ; no water Terraces Drainage Irrigation and Grassed Deep to water ;Slope diversions waterways ;Slope. Too arid. Erodes easily Slope. Erodes easily U.S. DEPARTMENT Of WI+±*;1'.. SOIL CONSERVATION 'EErilr.E ri!Crc' rrr'ri,nrr.rrr.lrr1 Endnote WAFER m0A(3.EmEN1 This report gives information CP rhe soil Prnpeties and site features tnat of soil limitations are given for pond resetvoir areas: emoani!.ments. dikes and i.7'.'2?7' ponds. The limitations are considered 'Slightif coil nrocerties and rit fti2 • indicated use and limitations are minor and an easliv ovetcome: 1010 3t .oli T not favorable for the indicated use and specill planni!,0, deslon. limitations: and Severe ot soil properties or site features are so unfavope special design, significant increases in construct Joon costs, and occcinry incroased ma:nr•rarrt This report also gives for each soil the restrictive featu'H that affect dranige. and grassed waterways POND RESERVOIR APE(AS hold wator behind a dam Or emoamemertL'1 0 Bost suits.; to tfris the upper 60 inches. The seepage potehtiai is determined bv the 1:9"PE:3.0ihr: of the F71; bedrock or other permeable material, Excessive slope can affect the 5toiage of tre !oser-.71. rrca EMSAMENTS. DIKES. WiLl LEVEES ere raiseg structures of soil mate!-Ial. cie-eJaPc.. lono rn",:() impound water or to prmtect land aoThst rflow. Ihtbo ‘.1c,c,rt, tne a embankment fill. 1h? ratings apply to the soil nate :1 heiro crrrflr.re ' r - assumed that soil bets will be TiiiDrki ability of the natural sell to nuri'o 1 an embahtment 3 •!),.•••• tr, embankment can affect oeriotmance and cafetv o tte embanrrrar.l. -rr) rr„ determine these orooerties Soil material in embanLmonts no oo 1: .71? -2. ol:r1rr r. favorable compaction chattet.istics. ,infavoracle ty:t 7.111'Y'T, confent of stones Or bouidero. organir matter or 0! material. It also after:Ls traf'icabilltv. 601I0EP-FP e,:f_ravated -nrrt:; ?re hlto cr rt.Hyrror., thir rr. r! • . !( water table. EYcluded are bcrjs tnat are fed ork. b. ..r.rmr-r3c.c. cr more aoeve the rrrIllnar_ r_calL'atod nnra-. atiLnrod t fl, cermeabilitv of the adua'.er ani duality of the water v. :nistred fry, 1,r T.!ilr and the content of 17tne ,r,e ease 01sr;ra:arr_inr. E;PnlIqv,E in the tembv11 ct ET . “ T - lta!nfA deoendc on Yr; tenth to bet r:,'7 7.• petmeablil'/. to 1 h; 'r in the t.11 r:o,. Dn.SERVpflnd Endnote WATER IRRIGATION is the controlled aoolication of oater to °!r'r•lerent ; :Intal: dnd .r..t,yt rf and management of an Irrigation System are afto:ten by depth to the 'water tab[e. the -eel fo' available water caoacit,, i,tave rate, permeability, erosion ipn haZard, an. elopn 11e ,.,:r7 t..cr :nn« - _tr - •cr l�(' by large stones and depth to bedrock or to a cemented N n. The oe'form']noe of sv'rte „ 9t'n-'--,j b 1 :t tre root zone, the amount of salts Cr =odium. and Toil n action. TERRACES AND DIVERSIONS are emb.an'kmente or a cembln3tlon of r:h:a.nnel: ],d -_ =r erosion and conserve mnt5•ture h; lntrrceptirio iunoft P;etnri•i cemented pan affect the Construction of terraces and fl'vorsl'onn. ' r j • cf.17., wind or water erosion, ar excessively coarse terto,ra. and r,:!,strirted GRASSED WATERIhn',c )r9 ra,• con -f i 7.1,„^, outlet_ at a none' _ . ,i,., construction of (Jr _ depth. toxin substance_ such as sits . .,i 1, maintenance of the eras= atter const uctio rrri F. Proof of legal and adequate source of domestic water for each lot created, method of sewer disposal , and letter of approval of fire protection plan from appropriate fire district. (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. — -1 MILE, 5280 FEET �l -I- i + + +- --t- + + H + + - _ NW< 111 SLUT ION LIN The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. -1- i- — - (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. ,S?9 ft. from �OvjZ. sec. line (north(or south) 7q ft. from W 0t— sec. line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Ll)l'w, F7oa i No. of acres the only well on this tract? yes Will this be WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (8) PROPOSED CASING PROGRAM Plain Casing Sy in from 0 ft to iC70 ft in from ft to ft Perforated casing s.., in. from (Ov ft to (2a ft in from ft to ft (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: 0/4 (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): 14//4-4-4401"► FY`ocb Legal description: fie? c0, .Ij/, No. of acres: 2 (11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. D�ili£sT« _ to 724 //JDtVtrkfc sbpTIc st7S01»1 /W`' Rv ?d7 64C 24,&/e F4.H, / div,/// / 2odo gs. Fi- h2-101/"Aov ,sd, - w (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. %� Type or right Used for ((purpose) Description of land on which used n //41ptie7— Lv.�jr,. /ria#./ Lt/OSt.,4144 64/C— .,b) cif et 64175 (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE T• THE BEST OF S►LEDGE. SIGNAT n#i APPLICANTS) Use additional sheets of paper if more space is required. E JJ_ J z 3 1 — 4- - - EAST SECTION LINE I - - 4-- -- - - - - I , U w SOUTH sFr -rmrki 1 Inic The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. -1- i- — - (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. ,S?9 ft. from �OvjZ. sec. line (north(or south) 7q ft. from W 0t— sec. line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Ll)l'w, F7oa i No. of acres the only well on this tract? yes Will this be WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (8) PROPOSED CASING PROGRAM Plain Casing Sy in from 0 ft to iC70 ft in from ft to ft Perforated casing s.., in. from (Ov ft to (2a ft in from ft to ft (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: 0/4 (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): 14//4-4-4401"► FY`ocb Legal description: fie? c0, .Ij/, No. of acres: 2 (11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. D�ili£sT« _ to 724 //JDtVtrkfc sbpTIc st7S01»1 /W`' Rv ?d7 64C 24,&/e F4.H, / div,/// / 2odo gs. Fi- h2-101/"Aov ,sd, - w (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. %� Type or right Used for ((purpose) Description of land on which used n //41ptie7— Lv.�jr,. /ria#./ Lt/OSt.,4144 64/C— .,b) cif et 64175 (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE T• THE BEST OF S►LEDGE. SIGNAT n#i APPLICANTS) Use additional sheets of paper if more space is required. WRJ-s-Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 131475i75j6 , PERMIT APPLICATION FORM �Lc, Application must JUL 1995 be complete where (vjA PERMIT TO USE GROUND WATER t;o rte, applicable. Type or (✓j A PERMIT TO CONSTRUCT A WELL � 1::\Iprint in BLACK FOR: (VIA PERMIT TO INSTALL A PUMP ~' INK. No overstrikes �3 or erasures unless ( ) REPLACEMENT FOR NO. c..�,6�,'/ initialed. ( ) OTHER �';/! �„ f`„�i WATER COURT CASE NO. U��,L.� (1) APPLICANT - mailing address NAME W,1IIh, Pa41 STREET 4339 // )a'q' CITY t %hW c' / d cer t �� C I aj (State) (Zip) TELEPHONE NO 7 70 qyls'- o9oq (2) LOCATION OF PROPOSED WELL County /fi/L j-iEt-b 56,-) 1/4 of the S w 1/4, Section Twp. 7 5' Rng. W (J P.M. (N,S) IE,W) (3) WATER USE AND WELL DATA FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. Proposed maximum pumping rate (gpm) 1 5 - Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: kagiWilit. (ZODt) Proposed total depth (feet): !2D Aquifer ground water is to be obtained from: T � get g -ry `/ Ride Creek Owner's well designation F/OQ.( #2 GROUNDWATER TO RE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ' ()() DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) (4) DRILLER Name / /(P/'Seq' Street City (State) (Zip) Telephone No Lic. No PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I D COUNTY GWSNo 07/93 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 For Office Use only PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE 10',,x, CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM�� �� ? t, -. 1. NEW OWNER n' j`9(9 NAME(S) W 1 ffl m FLooi) Mailing Address '1331 //7 /?/4j City, St. Zip 9/enwoc Sp, ,�c.n"- 3 Co 8/ ) Phone c" .;, ^' ,` ", ^: �`\..>/ ^ t-1�Z-: t j Z�,.,,--"r�. 2. THIS CHANGE IS FOR ONE OF THE FOLLOWING: +?, C WELL PERMIT NUMBER G 3724 ❑ LIVESTOCK WATER TANK NUMBER ❑ EROSION CONTROL DAM NUMBER i NINA By a Ub e t to Revision 3. WELL LOCATION: COUNTY 5/ I ft-OWNER'S WELL DESIGNATION Flood Milo{ Well (Address) 5IA) 1/4 of the Sr) 1/4, Sec. 3 Twp. 7 ❑ N. or Distances from Section Lines 1120 Ft. from ❑ N. or 7 (City) (State) Z S., Range S 9 ❑ E. or E W. 6 S. Line, 6 SD Ft. from ❑ E. lel (Zip) P.M. W. Line. or Subdivision Lot Block Filing (Unit) 4. LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY S 1/4, Sec. Twp, ❑ N. or ❑ S., Range ❑ E. or ❑ W. P.M. 5. The The X above listed owner(s) say(s) that he (they) own the structure described herein. existing record is being amended for the following reason(s): Change in name of owner. Z Change in mailing address. ❑ Correction of location. 6. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) W7C,l,/L_ /t=L-0 Signat :alk """:" Date ' 7-6-ys- FOR OFFICE USE ONLY State Engineer By Date Court Case No, Div. Co. WD Basin MD Use INSTRUCTIONS CHANGE OWNERSHIP -ADDRESS LOCATION CORRECTION FORM JULY 1993 NO FEE IS REQUIRED ., The form must be typewritten or printed in BLACK INK Initial and date any changes you make on the form. THIS FORM MAY BE REPRODUCED BY PHOTOCOPYING OR WORD PROCESSING MEANS. INCOMPLETE FORMS WILL BE RETURNED. ATTACH ADDITIONAL SHEETS IF MORE SPACE IS NEEDED. 1. Print the new owner's name and include the mailing address and phone number. 2. Indicate if the change in ownership/address is for a well permit, livestock water tank or erosion control dam. Be sure to include the proper permit, tank or dam number. 3. Complete the well location information. If the address of the well location is different than the mailing address of the owner, include the address where the well is located. If the owner has more than one well, provide well name or number as designated by the owner; i.e. North Well. The actual well location must include 1/4, 1/4, Section, Township and Range. Check the appropriate boxes for North or South and East or West directions. Complete the Subdivision, Lot, Block and Filing information, if applicable. 4. Complete the location information for the livestock water tank or erosion control dam. The actual location must include 1/4, Section, Township, Range and P.M. Check the appropriate boxes for North or South and East or West directions. 5. Check the reason(s) for submitting the form, whether it is a change in ownership/address and/or location correction. 6. The owner of the structure must sign. Print or type your name in the first block if it is different from Item No. 1. If signing as a representative of a company who owns the structure, then your title must also be included in the first block. Sign the second block and date the last block. USE THIS FORM TO CORRECT THE LOCATION OF YOUR WELL IF: A. Your well was permitted, registered, or first used prior to May 8, 1972 for ordinary household purposes in up to three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and the irrigation of not over one acre of home gardens and lawns. B. Your well is not of the type described in A above, but was permitted or registered prior to May 17, 1965. Inside the Designated Ground Water Basins, other procedures and publication may be required. C. Your well was decreed by the Water Court for the correct location. IN ALL OTHER CASES USE FORM GWS -42 All other types of changes concerning Livestock Water Tanks and Erosion Control Dams should be submitted on the standard Permit Application form and be accompanied by a $15.00 filing fee. If you have questions, contact the Denver or the Division Office where your well is located. DMSION 1 800 8th Ave Rm 321 Greeley CO 80631 (303) 352-8712 DMSION 5 Box 396 50633 US Hwy 6 & 24 Glnwd Spgs CO 81601 (303) 945-5665 DMSION 2 Box 5728 219 W 5th Rm 223 Pueblo CO 81003 (719) 542-3368 DMSION 6 Box 773450 625 So. Lincoln Ave Stmbt Spgs CO 80477 (303) 879-0272 DMSION 3 Box 269 422 4th St Alamosa CO 81101 (719) 589-6683 DMSION 7 Box 1880 1474 Main St Durango CO 81302 (303) 247-1845 DMSION 4 Box 456 1540 E Niagara Montrose CO 81402 (303) 249-6622 DENVER OFFICE Rm 821 1313 Sherman St Denver CO 80203 (303) 866-3581 william 1. flood and nancy c. flood ph.d 4339 117 road glenwood springs colorado 81601 phone: 970-945-0909 fax: 970-928-9722 email: wflood@playtools.com WASTE DISPOSAL WILL BE VIA INDIVIDUAL NON -EVAPORATIVE SEPTIC SYSTEM G. If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. NO CONNECTION IS PROPOSED. H. Narrative explaining why exemption is being requested. THIS EXEMPTION IS BEING REQUESTED IN ORDER TO SELL ONE PARCEL WITH HOUSE AND GARAGE AND TO RETAIN THE REMAINING PARCEL TO CONSTRUCT A HOUSE FOR PERSONAL USE. 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. uvti'vh L)J I�ia';�l•i,:atil (); I;..r•i_;1 Water Pollution Control Division 4210 East llth Avenue Denver, Colorado• 80220 APPLICATION FOR APPROVAL OF LOCATION FOR SEPTIC TANK SYSTEMS Applicant (Owner) : j/c,:)/^ r/ c , /t24(7),,) Mail Address: 2./City:( ; C fG,p J Phone:l1/ >goi� A. INFORMATION REGARDING PROJECT SUBMITTED FOR REVIEW: Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable buildings, location of potable water wells, soil percolation test holes, soil profiles in test holes. 1. Location of Facility: County ( ?e.-cr tFi eC ? City or Town /Z/ ,N -M ►6s' Legal Description 2. Type of area and faci ty - umber o per ons served: Lot Size: Subdivision Motel Restaurant Other: / SeA, Ti e tr/�'LlflA Ft -7-(j j.r1'J 4Grej• ((JJ ,nor -c, �wx er,iv Trailer Court 3. Source of domestic water: Public (name): i Private: Well ,\' Depth//Other Depth to first ground water table 4. Is facility within boundaries of City or Sanitation District: If so name: 5. Distance to nearest sewer system: S/06, y ` Have negotiations been attempted with owner to connect: If rejected, give reason: 6. Rate of absorption in test holes in minutes per inch of drop in water holes have been soaked for 24 hours: level after me, address an• -lephone of person who made soil absorption tests: . Nam , address and telephone of person responsible for design of the system: 9. Est. bid opening date: Date: 1 `r d Est. Completion Date: Est. Project Cost: 7/(4./JA. S gnatyrof Owner I 6 6 0 0 u.a tr. 11 0 (24 (.1.) 0 uJ IC4 %:‹ z 0 LL County Clerk Deputy County Clerk Recorded and Countersigned by E 0 u u • '• . • • - • . _ . r• GARFIELD COUNT': ENVT:ORUYE:fl`Ai:, HEF.i.,Tli 2014 •l:Li K A!JENUE GI.EIJWO'OD SPRINGS COLORADO APPLICATION FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT RECEIPT 4E OWNER :_aY lJ A 1,kg ADDRESS: al er ?o c}( 6 A Ii.D&S PHONE: s - / 8 05- CONTRACTOR: S CONTRACTOR: ADDRESS: PHONE: SITE LOCATION: (LC 4406 ; UP') NO. OF BEDROOMS: 0- SIZE OF LOT: 5^• $ A /S Application for an individual sewage disposal permit is hereby submitted. The individual sewage disposal system will be constructed in accordance with the regulations concerning individual sewage disposal. systems within Garfield County. This application is valid for sax (6) months from date s'.gned. DATE: 5(1/4/ I - SIGNATURE: Perculation test results: Minutes per inch:53o Recommended ra'In mum size of le:3.c h.irq _:y..t.em :_/OtX-6 6--)4,--teY. Recommended minimum size of -cans: PLOT PLAN DA t r:: SANIT) RIAN: 8P GARFIFLD COUNTY DE1'ARTHEWT OF ENVI0ME NI'AL HEALTH 805 PIIICIN AVENUE GLENWOOD SPRINGS, COLORADO 9115-6631 PROCEDURE FOR RUNNING PERCULATION TEST AND OBTAINING FINAL INSPECTION OF SEWAGE DISPOSAL SYSTEMS 1, After making application for a permit, make arrangements with tho Sanitarian to run the perculation test 1.8 hours in advance of tho test. 2. Dig a halo 6 to 12 inches in diameter in the arca of the purposed leaching system and to the depth that the purposed system is to be, Two and a half to three feet is the minimum ii num depth. 3. Presoak the hole for 21t hours before the test is to be run, 4, Leave 5 gallons of water at the test hole site, and mark the hole. 5. When perculation test has bean run and the size of tho system determined, your copy of the application will be left on the site. 6. 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Said parcel of land is described as follows: Beginning at a point on the westerly line of said section 3 whence the sec- tion corner common to Sections 3, 4, 9 and 10 in said township and range bears : S.O1°01132" E. 1,190.63 feet; thence S.89°30'00" E. 792.95 feet; thence S.52°65'57" E. 318.94 feet; thence S.12°58'10" W. 181.32 feet; thence N.89°27'15" W. 1,040.32 feet; thence N.O1°01'32" W. 220.80 feet to the point of beginning. The above tract of land contains 5.85 acres, more or Tess. WALLIN PETITION; FOR EXEMPTION - EXHIBIT "A" _.• / :.... 1' f tJ .1 r � •-- r'• iVf/JS// A/ 37 02/ E• 41?. 09 A/ /g ". ',5 '/4 fl' .52. 92 4/477°08 :54 �" • 4/. 7/ E.9S T /x027. '8 ,5789 /0Qoa8E7 � 36.73 /e 85,4c., PG •, g°. (99C'.3!''i''% .� 95---- c/ kJAt-1-y GG2 //. d= /a 0// 02 Q= B/6.60 errs. 22°03 ai 258.7/ S//4 SW/ 5977/ 5-89°56 "/47' / v /tiei 0� /000.4c• 1 / 11(0 / Q\4 of h� o. l9 / S.2 4f6zl• 0 J 3 911'/0 S.°56, ''4' 1/2 Aug -04-97 05:57A SAMUELSON PUMP CO. INC. P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 July 31, 1997 Dr. Bill Flood 4339 Four Mile Road Glenwood Springs, Co. 81601 Attn; Lou Trapani On July 30, 1997 a well test was conducted on a new well on the Flood property on Four Mile Road. The following information was obtained; Well Depth 125'-0" Casing size (top) 7'(steel) Total test time 4 hrs. Standing water level 41'-1 1/2" Max. Drawdown @ 20 gpm 49'-11 1/2" Production is greater than --20 gpm Hardness 50 grains/gal. Iron 0.2 mg/1 pII 7.5 This test was codnucted with a 1 hp. Goulds submersible. The well recovered back to 41'-11" in 30 min. This well would have more than enough water to supply one or more residences. If you have questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson P.01 AUS 4-57 MON 7:35 AM SHELTON DRILLING CO FAX NO. 9709273801 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO. OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER 048323-F Owner Name(s) : William Flood FOR OFFICE USE ONLY Mailing Address : % P.O. Box 2030 City, St. Zip : Glenwood Springs, Co. 81602 Phone (970) 945-2261 APPROVAL if GWS31-91-03 WELL LOCATION AS DRILLED: SW 1/4 SW 1/4 Sec. 03 Twp. 07S Range 89W DISTANCES FROM SEC. LINES: 890 ft. from South Sec. line. and 790 ft. from West Sec. line. OR SUBDIVISION : Flood Exemption LOT 2 BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 07/23/97 TOTAL DEPTH 120 ft. DEPTH COMPLETED 120 ft. GEOLOGIC LOG : 6. HOLE DIAM. (in) FROM (rn TO (ft) Depth I Type of Matenal (Size, Color, and Type) 9.0 000-015 Dirt, Rocks, Red SS 015-120 Maroon Formation 6.5 0 30 30 120 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 5.5 Steel PVC 0.240 -1 30 .250 20 60 • PERF. CASING : Screen Slot Size : 5.5 PVC .250 60 120 WATER LOCATED : 60 + REMARKS : 8. Filter Pack Material : Size : Interval: 9. Packer Placement Type : Depth : 10. GROUTING RECORD : Material Amount Density Inter:al Placement cement 3 sks 16 gal 10-30 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : (1 Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 41 ft. Date/Time Measured : 07/23/97 Production Rate : 15 gpm. Pumping Level : Total ft. Date/Time Measured : 07/23/97 Test Length : 2 hrs. Remarks : 1 3. I have read the statements made herein and know the contents thereof. and that they ane true to my knowledge. (Pursuant to Section 24-4-164 !13](ai CRS. the making of false staternts constitutes penury in the second degree and is punishable as a class 1 mesderreanon ) CONTRACTOR : Shelton Drilling Corp. Mailing Address • P 0 Rox 1059 Ra. alt 00 R 1 � Name / Title (Please Type or Print) Signat Wayne Shelton / President i i a - Phone : (970) 927-4182 Lic No 109f5 Date 07/24/97 ORIGINAL ZO"d Q E a U W cc w J z w F - i a O N c•7 4.1 O O t �- N fJ 6 N tievls In • to CO O N w 1 41 0 0 0 0 N /7 "4 - rt r- i-_' O O O O N t) @ K) o Q O D vL9:90 L6-to-BnV LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER DAVID E. LEAVENWORTH, JR. JOSLYN V. WOOD* 'Admitted in Hawaii and Texas only DONALD H. HAMBURG Of Counsel Mr. I. Louis Trapani 1429 Grand Avenue, #103 Glenwood Springs, CO 81601 Re: William L. Flood Dear Lou: June 5, 1997 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Enclosed please find copies of the following documents we have obtained on behalf of Bill Flood: 1. Well Permit No. 048323-F. This well permit was issued to the Flood Well No. 2 (the well for Tract No. 2 of the Flood Exemption) by the State Engineer's office on June 1, 1997. This well is permitted in the amount of 15 g.p.m. for household purposes inside one single-family dwelling and irrigation of 3,500 square feet of home gardens and lawns. Please note that this permit has an expiration date of June 1, 1998. Once the well is drilled on Tract 2, certain documentation must be filed with the Division of Water Resources prior to the expiration date in order to complete the permitting process for this well. Those documents include a pump installation and test report, well construction and test report and statement of beneficial use. Extra copies of the well permit are enclosed to be provided to the pump installer and well driller so they can complete their reports once the well is drilled. 2. Well Permit No. 048324-F. This well permit was issued to the Flood Water Well (the well for the original home site) by the State Engineer's office on June 1, 1997. This well is permitted in the amount of 15 g.p.m. for household purposes inside one single-family dwelling and irrigation of up to 3,500 square feet of home gardens and lawns. This permit also has an expiration date of June 1, 1988. You will note under Condition No. 4 that the issuance of this permit cancels the original exempt household use only permit issued under Permit No. 63726. Because this well is in use and in place, I have enclosed a Statement of Beneficial Use to be executed by Bill Flood. Once that is returned to us and we have filed it with the State Engineer's office, the permitting process for this permit will be complete. 3. Case No. 95CW 116; Flood Well No. 2. Enclosed is a copy of the Ruling of the Referee and Judgment and Decree in this matter. The Water Court has approved the conditional underground water right for the Flood Well No. 2 (the well for Tract 2 of the Flood Exemption) LEAVENWORTH & ASSOCIATES, P.C. Mr. I Louis Trapani Page 2 June 5, 1997 in the amount of 15 g.p.m., conditional, for domestic use for one single-family dwelling and irrigation for up to 3,500 square feet of lawns and gardens. Because this water right is conditional in nature, an Application for Finding of Reasonable Diligence is due to be filed in March 2002 in order to continue the conditional water right. Once the well is drilled and is being used for the decreed purposes, a Water Court application should be filed to make the Flood Well No. 2 absolute and unconditional. We will include this date in our docket control system to help remind you of the diligence deadline; the failure to file the appropriate application in a timely manner can result in the cancellation of the conditional water right. 4. Case No. 97CW009; Flood Water Well. Enclosed is a proposed Ruling of the Referee we have submitted to the Water Referee for his consideration. We have asked the Court to change the status of the Flood Water Well from an exempt household -use only well to a domestic well for a single-family dwelling with irrigation of up to 3,500 square feet of lawns and gardens. Once we receive a copy of the Ruling of the Referee signed by the Water Referee, we will forward a copy of it to you. 5. West Divide Water Conservancy District. Enclosed is a copy of the approved contract for the Flood Water Well. As you recall, Bill Flood inadvertently canceled this contract at one time, so a new contract was applied for to augment the Flood Water Well so that the well could include irrigation purposes. Mr. Flood will receive annual invoices for this contract, along with his other contract for the Flood Well No. 2, directly from the West Divide Water Conservancy District. If both contracts are not maintained in good standing, the State Engineer could prevent the use of the Flood Water Well and Flood Well No. 2. We have calendared all of the above-mentioned expiration dates and deadlines. If Mr. Flood sells one of his parcels to another party, certain transfer documents need to be completed. We would be happy to assist you in that matter. Once we receive the Ruling of the Referee and Judgment and Decree in Case No. 97CW009, this matter will be concluded. Please give me a call if you have any questions or concerns. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. LEL:eg Enclosures cc: Bill Lorah w/enc. Loy Form -No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES ,818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 0118323 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: 2 Block: Filing: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 PERMIT TO CONSTRUCT A WELL Subdiv: FLOOD EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 890 Ft. from South Section Line 790 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court in case no. 94CW344. If the well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is to be known as the Flood Well No. 2, (conditional) see case 95CW116. 4) Approved as the only well on a residential site of 2 acres, described as tract no. 2, Flood Exemption, Garfield County. 5) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 8) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. APPROVED TLC f14 State Engineer Receipt No. 0410890 2 d ,6* -J144,42. DATE ISSUED JUN 0 1 1997 By EXPIRATION DATEJ U N 01 1998 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 048323 - - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: 2 Block: Filing: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 PERMIT TO CONSTRUCT A WELL Subdiv: FLOOD EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 890 Ft. from South Section Line 790 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court in case no. 94CW344. If the well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is to be known as the Flood Well No. 2, (conditional) see case 95CW116. 4) Approved as the only well on a residential site of 2 acres, described as tract no. 2, Flood Exemption, Garfield County. 5) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 8) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. APPROVED TLC //A z State Engineer Receipt No. 0410890 DATE ISSUED J U N 0 1 1997 EXPIRATION DATEJ U N 01 1998 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 048323 F_ DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: 2 Block: Filing: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 PERMIT TO CONSTRUCT A WELL Subdiv: FLOOD EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 890 Ft. from South Section Line 790 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court In case no. 94CW344. If the well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is to be known as the Flood Well No. 2, (conditional) see case 95CW116. 4) Approved as the only well on a residential site of 2 acres, described as tract no. 2, Flood Exemption, Garfield County. 5) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 8) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. v APPROVED TLC fdd State Engineer Receipt No. 0410890 „ett DATE ISSUED JUN 0 1 1997 EXPIRATION DATEJ U N 01 1998 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 048323 - F - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: 2 Block: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 PERMIT TO CONSTRUCT A WELL Filing: Subdiv: FLOOD EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 890 Ft. from South Section Line 790 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDI1lONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court in case no. 94CW344. If the well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is to be known as the Flood Well No. Z (conditional) see case 95CW116. 4) Approved as the only well on a residential site of 2 acres, described as tract no. 2, Flood Exemption, Garfield County. 5) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 8) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. APPROVED TLC State Engineer Receipt No. 0410890 DATE ISSUED JUN 0 1 1997 EXPIRATION DATE U N 01 1998 ,11111,1 Form GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 048324 - J� DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 CHANGE/EXPANSION OF USE APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 1120 Ft. from South Section Line 680 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court in case no. 94CW344. If the well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is known as the Flood Water Well. Pending Case 97CW009 has been submitted to the court to change the water right granted to this well in W-3570, to the uses as specified under 94CW344. 4) Approved for the expansion of use of an existing well constructed to a depth of 115 feet on September 20, 1972, under permit 63726. The issuance of this permit cancels permit 63726. 5) Approved as the only well on a residential site of 6 acres, located at 4339 117 Road, Glenwood Springs, Colorado. 6) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 7) The maximum pumping rate shall not exceed 15 GPM. 8) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 9) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located within 200 feet of the location specified on this permit. �! tr- APPROVED TLC 7ild State Engineer Receipt No. 0410889 By DATE ISSUED JUN 0 1 1997 EXPIRATION DATE JUN 01 1998 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER O 4 S 3Z4 - - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 CHANGE/EXPANSION OF USE APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 1120 Ft. from South Section Line 680 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court in case no. 94CW344. If the well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is known as the Flood Water Well. Pending Case 97CW009 has been submitted to the court to change the water right granted to this well in W-3570, to the uses as specified under 94CW344. 4) Approved for the expansion of use of an existing well constructed to a depth of 115 feet on September 20, 1972, under permit 63726. The issuance of this permit cancels permit 63726. 5) Approved as the only well on a residential site of 6 acres, located at 4339 117 Road, Glenwood Springs, Colorado. 6) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 7) The maximum pumping rate shall not exceed 15 GPM. 8) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 9) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located within 200 feet of the location specified on this permit. Y.� APPROVED TLC Receipt No. State Engineer 0410889 n IMMIX . a m -31„,L, By DATE ISSUED JUN 0 1 1997 EXPIRATION DATE J U N 01 1998 Form -No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 048324 - - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 CHANGE/EXPANSION OF USE APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 1120 Ft. from South Section Line 680 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court in case no. 94CW344. If the well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is known as the Flood Water Well. Pending Case 97CW009 has been submitted to the court to change the water right granted to this well in W-3570, to the uses as specified under 94CW344. 4) Approved for the expansion of use of an existing well constructed to a depth of 115 feet on September 20, 1972, under permit 63726. The issuance of this permit cancels permit 63726. 5) Approved as the only well on a residential site of 6 acres, located at 4339 117 Road, Glenwood Springs, Colorado. 6) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 7) The maximum pumping rate shall not exceed 15 GPM. 8) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 9) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located within 200 feet of the location specified on this permit. APPROVED TLC State Engineer Receipt No. 0410889 y." M „ekai_gzai By DATE ISSUED JUN 0 1 1997 EXPIRATION DATE JUN 01 1998 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 048324 - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 CHANGE/EXPANSION OF USE APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Twp 7 S RANGE 89 W Section 3 6th P.M. DISTANCES FROM SECTION LINES 1120 Ft. from South 680 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court in case no. 94CW344. If the well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is known as the Flood Water Well. Pending Case 97CW009 has been submitted to the court to change the water right granted to this well in W-3570, to the uses as specified under 94CW344. 4) Approved for the expansion of use of an existing well constructed to a depth of 115 feet on September 20, 1972, under permit 63726. The issuance of this permit cancels permit 63726. 5) Approved as the only well on a residential site of 6 acres, located at 4339 117 Road, Glenwood Springs, Colorado. 6) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 7) The maximum pumping rate shall not exceed 15 GPM. 8) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 9) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located within 200 feet of the location specified on this permit. APPROVED TLC Receipt No. 1 I `1!J 4 r..rr,• ,. State Engineer 0410889 /92/14t-ei By DATE ISSUED JUN 0 1 1997 EXPIRATION DATE JUN 01 1998 FORM NO. GWS -10 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 For Office Use only FOR INSTRUCTIONS, SEE REVERSE SIDE STATEMENT OF BENEFICIAL USE WELL PERMIT NUMBER 048324-F (63726) 1. WELL OWNER P.C. NAME(S) Mailing City, Phone William L. Flood c/o Leavenworth & Associates, Address P. 0. Drawer 2030 St. Zip Glenwood Springs, CO 81602 ( 970 ) 945-2261 2. WELL LOCATION: COUNTY Garfield OWNER'S WELL DESIGNATION Flood Water Well (Address) SW 1/4 of the SW 1/4, Sec. 3 Twp. (City) (State) (Zip) 7 ❑ N. or " S., Range 89 ❑ E. or IPS W. 6th P.M. Distances from Section Lines 1120 Ft. from ❑ N. or FqS Line, 680 Ft. from ❑ E. orO W. Line. 3. The well is being used for the following purpose(s): dwelling, and the irrigation of 3,500 Ordinary household purposes inside one single sq. ft. of home gardens and lawn. 4. Water from the well was first used beneficially under this permit number, for the above described (Do not report a date which is before the issued date of this purposes on June 2 19 97 . permit) 5. The pumping rate claimed is 15 gallons per minute. 6. The average annual amount of water diverted is 0.6 acre feet. 7. The land described or as area irrigated (watered) by water from as: 4339 117 Road, Glenwood nn this well is: 3,500 ❑ Acres or ll Square feet, (Number) Springs, CO 81601 . (Legal Description) Subdivision Lot(s) Block Filing/Unit 8. Well Pump drilled by: Mountain Drilling Company Lic. No: 697 . installed by: iknoWn Lic. No: . 9. Meter Mfg. by Serial No.: Date Installed: . I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a Class 1 misdemeanor.[ 10. Name/Title (Please type or print) William L. Flood Signat re j ' , �g 7. FOR OFFICE ISE ONLY State Engineer By Date Court Case No. Div. Co. WD Basin MD Use Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER CQLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 048324 - F - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: WILLIAM L FLOOD % LEAVENWORTH & ASSOC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602- (970) 945-2261 CHANGE/EXPANSION OF USE APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 1120 Ft. from South Section Line 680 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that the well be operated in accordance with the William Zilm and West Divide Conservancy District - 4 Mile Creek Augmentation Plan approved by the Division 5 Water Court in case no. 94CW344. If the well Is not operated In accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. This well is known as the Flood Water Well. Pending Case 97CW009 has been submitted to the court to change the water right granted to this well in W-3570, to the uses as specified under 94CW344. 4) Approved for the expansion of use of an existing well constructed to a depth of 115 feet on September 20, 1972, under permit 63726. The issuance of this permit cancels permit 63726. 5) Approved as the only well on a residential site of 6 acres, located at 4339 117 Road, Glenwood Springs, Colorado. 6) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, and the irrigation of 3500 square feet of home gardens and lawn. 7) The maximum pumping rate shall not exceed 15 GPM. 8) The annual amount of ground water to be withdrawn shall not exceed 0.6 acre-foot. 9) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located within 200 feet of the location specified on this permit. .111 OWNER'S. C,OPY APPROVED TLC State Engineer Receipt No. 0410889 ,492/3i By DATE ISSUED JUN 0 1 1997 EXPIRATION DATE JUN 01 1998 J WATER RES. WRJ-26-r? THIS FORM MUST BE SUBMITTED WITHIN 60 Di :YS OF COMPLETION OF THE WORK DESCRIBED HERE- ON_ TYPE OR PRINT IN BLACK INK. WELL OWNER _ Terry Cs TEL:303-866-3589 Nov 22 96 COLORADO DIVISION OF WATER RESOUhtES 101 Columbine Bldg.. 1846 Sherman Si. Denver, Colorado 80203 WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NUMBER 63726 Wa llir # S W % of the S W ADDRESS 16 80ck Gardens Glenwood effijIngs DATE COMPLETED Sept.20 WELL LOG 15 No.UU4 .u.5 �12 T 7 _eC1_, R. 89 W ,197L. HOLE DIAMETER _.3/1n. from in from to in. from . _ to From To Type and Color of Material Water Loc. O 40 40 115 Use a yellow Clay shale TOTAL DEPTH 1 1 5 dditional pages necessary to complete log. 100 0 to 115 41744 Y. of Sec. ft ft. ft PM CASING RECORD; Plain Casing Size5 1/2& kind 15 from . 0 to 95 ft Size _ _ __... & kind from . to ft Size & kind from _—_ to __.._. __ ft. Perforated Casing Size5 1 /2& kind _15 from 95 Size & kind from to 115 ft to Size & kind _ _ _ _ from to ft ft GROUTING RECORD Material ClAy Intervals 25 Placement Method GRAVEL PACK: Size Interval TEST DATA Date Tested Sept. 21 19 72 Static Water Level Prior to Test 250 Type of Test Pump Sub Length of Test 14 1.I7 -R 1 EIP Sustained Yield (Metered) 30 G P M 95 Ft Final Pumping Water Level ft. WATER RES. TTPE OR PRAT IN BLACK INK. TEL t.o. •11 APPLICATION FOR: ✓A PERMIT TO PFRNIT TO REPLACEMENT A PERMIT TO OTHER Nov 22 yb y;is) .a. + ��;., I tl'fJ .111Crtllaq Stied. Ucnvcr, L �iui,� i, APPLICATION MUST BE COMPLETED BEFORE ACCEPTANCE. USE GROUND WATER CONSTRUCT A WELL FOR NO. INSTALL A PUMP APPLICANT lti/<<// .v Street Address/ /!QG‘;•PEIJ City &StateV00/ (.Lf-il/cUCc'-k) cf�"11N(r.f (i t Telephone No. tY Cie/O _F-1OJ NAME 0)! AQUIFER GROUND WATER IS TO BE OBTAINED ?ROM: [?A,to eTL 4 a,dRLT� PROPOSE) TOTAL DEPTH OF WELL c.stj Ft. ESTIMATED MAXIMUM PUMPING RATE /Q GPM WEFAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED 1NTICIPA'i'ED GROUT PROGRAM 4aterial 'nterva.1s Acre-feet t'M0-49 T — 4'.9 CL rJrF ,e)cc-41"r 'lacement Method. ROPOSED CASING: lain ie in. from _a_ ft. to Yd ft. • in. from ft. to ft. erf. in. from 14,1 ft. to ,V1- ft, in. from ^� ft. toft. riller /�ri/iri4i� D12,,egr, expo• to :1dr, ess '2r -o#/- aor 3Qa {�LtrNt:000Q i�eo, IF WELL IS USED FOR IRRIGATION, BACK SID OF TFIIS APPLICATION MUST HE COMPLETED. GROUND WATER TO 13E USED FOR: DOMESTIC (1) LIVESTOCK (2) MUNICIPAL (8) OTHER Ivo . UU4 r uu IW.JI.I`t1LJ c:- JUN 2 S WATER RESL i::;e COMMERCT.w(i ) INDUSTRIAL (5) IRRIGATION (6) WELL LOCATION COUNTY �•�J�llerLt� a:v 4 of the �r./.;IT of Section T. : - , R. G3C? G rA4P.M. IN ADDITION TO THE ABOVE, THE WELL MUST BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS, MONUMENTS OR SECTION LINES BY DISTANCE AND BEARING (DOMESTIC WELLS MAY BE LOCATED BY LOT, BLOCK, & SUBDIVISION.) /!,~1Q ft. from 6, 8'0 ft. from LOT SUBDIWSIGN 'Sow rrt (North or South (East or West) BLOCK FILING # section line section line Ground Water Basin Water MQmnt. Dist. Anticipated dr illi ng date Jle L 19 42 Owner of land on which well is loc.11DA: Other water rights on this land „010 S Signature of Applicant )ND1T'IONS OF APPROVAL -751705ETTIE used in such a way as to not cause material Injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preculde another owner of a vested water right from seeking relief in a civil court action. :,rocd tet L•nme.hnld use only, for ono (1) single family dwollinp 3n4 a: t a• unei 'cr i::i.:::::n. the return flow from the use or this wolf muit Ota to 1!:i :Alio stream system In which the well Is located, FOR OFFICE USE ONLY T'1 .APPLICATION APPROVED: VALID FOE SOR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO THE ISSUING AGENCY. (l4 YEARS PERMIT NO. PATI, ISSUED 63726 AUG 2 8 1972 WATER, RES. TEL:303-866-3589 411. . Nov 22 96 9:14 No.UU4 P.ub Cl 1 co MA g IRRIGATED MUST BE SHADED OR CROSS -HATCHED ON THE DIAGRAM BELOW This diagram represents nine (9) sections. Usc the CENTER SQUARE (one section) to indicate the location of the well, if possible. ,&)o T6 — 2 i ed9A,9 7 G9 j S" AP tom---1 M i!¢ -►� wner of rrigated land THE SCALE OF THE DIAGRAM IS TWO INCHES EQUAL$ ONE -MILE Llgal description of rrigated land • Number of acres to be irrigated 4// Jf% WATER EQUIVALENTS TABLE (Rounded Figures) 1 acre-foot covers 1 acre of land 1 foot deep. cubic foot per.second (cfs) . 449 gallons per minute acre-foot .... 13,560 cubic feet .... 325,900 gallons. 000 gpm pumped continuously for one day produces 4.42 acre-feet. 0 pn lym)ped continuously for ono year produces 160 acre-foot. T + } 1 r w 1 .... - { T ^ — 1 _ + _... + 1 _ + NORTH SECTION + LINE, + ♦ 1 + - + - + ww n. O C 1 0 + +. + ~ L • + .{., 1 4,0c.4 — + T. o N + F — in <<o + + -i- — + SOUTH + 1 SEC _ ON ■ + • — + 1 _ + 1 -- + — I 1 - t — t + ._ i -}+ - - wner of rrigated land THE SCALE OF THE DIAGRAM IS TWO INCHES EQUAL$ ONE -MILE Llgal description of rrigated land • Number of acres to be irrigated 4// Jf% WATER EQUIVALENTS TABLE (Rounded Figures) 1 acre-foot covers 1 acre of land 1 foot deep. cubic foot per.second (cfs) . 449 gallons per minute acre-foot .... 13,560 cubic feet .... 325,900 gallons. 000 gpm pumped continuously for one day produces 4.42 acre-feet. 0 pn lym)ped continuously for ono year produces 160 acre-foot. r DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 95CW116 r L INC^711,3 .`_: CGU'_ GAF'7'c:_D COUNTY, FEB 6 1997 RULING OF THE REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: WILLIAM L. FLOOD, in Garfield County, Colorado The above -entitled application was filed on June 24, 1995. This matter was referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S. (1973), known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the application are true, and having become fully advised with respect to the subject matter in the application, does hereby make the following determination and Ruling as the Referee in this matter to -wit: 1. The statements in the application are true. 2. The name and address of the Applicant is William L. Flood, 4339 117 Road, Glenwood Springs, Colorado 81601. 3. Timely and adequate notice of the filing of this application was given as required by law. 4. The Applicant requests an underground water right more fully described as follows: A. Name of well: Flood Well No. 2. B. Legal description of well: The Flood Well No. 2 is located in the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 7 South, Range 89 West of the 6th P.M., at a point 890 feet North of the South section line and 790 feet East of the West section line of said Section 3. C. Source: Groundwater tributary to Four Mile Creek, tributary to the Roaring Fork River. E\FILES \FLOOD.3RU February 5, 1997 Water Division No. 5 Ruling of the Referee Case No. 95CW116 D. Date of appropriation: June 1, 1995. E. Amount claimed: 15 g.p.m., conditional. F. Use: Domestic use inside one single-family dwelling and up to 3,500 square feet of lawn and garden irrigation. 5. The conditional water rights decreed herein have been augmented under the terms and conditions of the Judgment and Decree of Water Court issued to the West Divide Water Conservancy District and William Zilm on August 5, 1996, in Case No. 94CW344 in the District Court in and for Water Division No. 5. 6. The Referee does therefore conclude that the underground water right requested for the Flood Well No. 2, as more fully set forth in Paragraph 4, above, is hereby granted and 15 g.p.m. of water with an appropriation date of June 1, 1995, is hereby awarded conditionally for domestic use inside one single-family dwelling and up to 3,500 square feet of lawn and garden irrigation, provided always that said 15 g.p.m. is awarded on the condition that said quantity of water be diverted and applied to beneficial use within a reasonable time; SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to integration and tabulation by the Division Engineer of such priorities and changes or rights in accordance with law. An Application for Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the decree herein so long as the Applicant desires to maintain the conditional water rights herein awarded, or until a determination has been made that such conditional rights are made absolute by reason of the completion of the appropriation, or are otherwise disposed of. 7. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. 8. It is further ORDERED that this Ruling shall be filed with the appropriate Division Engineer and State Engineer. E:\FILES\FIAOD.3RU Febnury 5, 1997 -2- Water Division No. 5 Ruling of the Referee Case No. 95CW116 Dated this i day of Copy of the foregoing mailed to all Counsel of record -i -Water/ , Referee, ---Div. Engineer—and Sta���ngineer—Date 9f Deputy Cie& w�.r Ot. No. 5 , 1997. BY THE ater Referee Water Division No. 5 State of Colorado No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed and approved and is made the Judgment and Decree of this Court and the month and year for filing an Application for Finding of Reasonable Diligence shall be MARCH , 2002. Dated this 77 ay of , 1997. Copy of the foreggpq mailed to all Counsel of record ---Water Referee, ---Div. Engineer—and State Engineer` ---/Date 3-3/ F7 pc% Deputy Cte•h, Wates Di.. No 6 E:\FILES\FWOD.3RU February 5, 1997 -3- ATER JUDGE • LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER DAVID E. LEAVENWORTH, JR. JOSLYN V. WOOD* "'Admitted in Hawaii and Texas only DONALD H. HAMBURG Of Counsel Robert C. Cutter Water Referee Water Division No. 5 109 Eighth Street Glenwood Springs, CO 81601 June 5, 1997 Re: Case No. 97CW009: William L. Flood Dear Referee Cutter: 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Enclosed please find a proposed Ruling of the Referee in the above -referenced matter. If you have any questions or concerns regarding this proposed Ruling, please let me know. LEL:eg Enclosure cc: Lou Trapani w/enc. CUTTER 3LT Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. Loyal E. Leavenworth DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 97CW009 RULING OF THE REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: WILLIAM L. FLOOD, in Garfield County, Colorado The above -entitled application was filed on January 17, 1997. This matter was referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S. (1973), known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the application are true, and having become fully advised with respect to the subject matter in the application, does hereby make the following determination and Ruling as the Referee in this matter to -wit: 1. The statements in the application are true. 2. The name and address of the Applicant is William L. Flood, 4339 117 Road, Glenwood Springs, Colorado 81601. 3. Timely and adequate notice of the filing of this application was given as required by law. 4. The Applicant requests a change of water right more fully described as follows: A. Name of well: Flood Water Well. B. From previous decree: (1) Date entered: October 5, 1978. Case number: W-3570. Court: District Court in and for Water Division No. 5. (2) Decreed point of diversion: The well is located in the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 7 South, Range 89 West of the E:\FILES\FiOOD.3RU June 5, 1997 Ruling of the Referee Water Division No. 5 Case No. 97CW009 (3) 6th P.M., at a point 1,120 feet North of the South line and 680 feet Fast of the West line of said Section 3. Source: A well having a depth of 115 feet, and being tributary to Four Mile Creek, tributary to the Roaring Fork River. (4) Appropriation date: June 29, 1972. Amount: 0.033 c.f.s., absolute. (5) Historic use: Household use only, for one single-family dwelling and not to be used for irrigation. 5. On January 17, 1997, the Applicant filed an Application for Change of Water Rights requesting to change the use of the Flood Water Well to domestic purposes, inside one single-family dwelling with irrigation of up to 3,500 square feet of lawns and gardens. 6. The Flood Water Well has been augmented to include irrigation of 3,500 square feet of lawns and gardens under the terms and conditions of the Judgment and Decree of Water Court issued to the West Divide Water Conservancy District and William Zilm on August 5, 1996, in Case No. 94CW344 in the District Court in and for Water Division No. 5. 7. The Referee, having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the above -entitled Application should be granted in part, and that the uses of the Flood Water Well be changed to domestic purposes, inside one single-family dwelling with irrigation of up to 3,500 square feet of lawns and gardens, in the amount of 0.03 c.f.s., absolute, with an appropriation date of December 28, 1994. The Referee further concludes that the exempt household use only underground water right awarded to the Flood Wai:er Well in Case No. W-3570 is hereby abandoned and replaced by the water right awarded herein. The change of water right requested will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, and the change of water right should be approved in accordance with C.R.S. 1973 §37-92-305(3). It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. E \FILES\FLOOD.3RU June 5. 1997 -2- Ruling of the Referee Water Division No. 5 Case No. 97CW009 It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated this day of , 1997. BY THE REFEREE: Water Referee Water Division No. 5 State of Colorado No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed and approved and is made the Judgment and Decree of this Court; subject, however, to reconsideration on the issue of injury to vested water rights for a period of years, which the Court finds reasonable given the fact that the uses are very limited in nature and scope and the quantities of water involved are minimal. Dated this day of , 1997. E\FILES\FLOOD.3RU Junes. 1997 -3-- WATER JUDGE STATE OF COLORADO DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of the State Engineer . Department of Natural Resources 50633 U.S. Hwy. 6 & 24 PO. Box 396 Glenwood Springs, CO 81602 Phone (970) 945-5665 FAX (970) 945-8741 REPORT OF THE DIVISION ENGINEER SUMMARY OF CONSULTATION CASE NO: 97CW009 APPLICANT(S): WILLIAM L FLOOD APPLICATION FOR: CHANGE OF WATER RIGHTS STRUCTURE(S): FLOOD WATER WELL COMMENTS The material in the application appears to be adequate. RECOMMENDATIONS Application should be issued by Referee as a ruling IN PART. Roy Romer Governor lames , Lox !silent' Executive Director. DNR Hal D. Simpson State Engineer Orlyn J (fell Division Engineer OTHER: ()Any rulihould use December 28, 1994 as the date of appropriation J for the new water right, which should be for 0.03 cfs as described in 94CW344. © The / old exempt well permit (Permit No. 63726), which will be revoked and replaced by a new permit pursuant to this case, should be acknowledged. 4 Finally, the exempt household use only water riat of W-3570 should be abandoned. DATE: April 15, 1997 SiGNED: Orlyn J. Bell, ivisia>E;ngineer C.R.S. /973. Section 37-92-302(4). signed into law May 17. 1988. provides that the applicant or his attorney shall mail or deliver a copy of this consultation to all parties of record w,i„ t,,, „ „ ,,,;;, mew of Opposition to this application, if (My. and the statute also requires that the applicant or ors attorney shall file a certification of mailing wait the Water Clerk of Water Division No. 5 if this consultation is mailed to opposing parties. CERTIFICATE OF MAILING I hereby certify that on this !G, day of April 1997, a true and correct copy of this REPORT OF THE DIVISION ENGINEER - SUMMARY OF CONSULTATION was mailed to: LEAVENWORTH & ASSOCIATES PC ATTORNEYS FOR APPLICANT P 0 DRAWER 2030 GLENWOOD SPRINGS CO 81602 7/74;:;/..-ri‹,.. Cyr. cannia wan FM950620WF(a) MAP Y.D. MJGR DKIE=IVO 07/12/g5 For office use only APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name W f/( -/Am FL -ad -0 Address `t339 /12- Z' g/P/lr,✓de cotiefit Cd S/ 9 Telephone Number 4,0 / Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT Name of Right t /v a/ U%// Type of Structure or Right t)rhvr7i, !a/P/l Location of Point of Diversion Sw 3 TF.s — 2�T�i�.✓ 6Th, RM. Th) FT jJ 4 . c04 oti- t1 4O 6t - M1 S' P:7Sr.- LM Water Court Case No. /22fl jet, Well Permit No. /D2ra9A7 C. INTENDED USE OF LEASEDWATER Location of Area of Use Gcr'S' c/015 4P //i%' (740-- '/( Descri tionof Use £r,,,/'{r ( / c`d:f/p D' i' 4 e-,7.60//, Number of Dwelling Units - l Total Acreage 2 Proposed Potable Water System W-// Proposed Waste -Water Treatment System LI Projected Monthly Volume of Leased Water Needed in crus t P - Jan. oc)/ , Feb .AD/ Mar. Apr..cH May, 01 t June O ►c, July • 21 Aug. eZ ! Sept. Oct. Nov. -777 -Dec.— Annual Total Gallons Acre Feet Maximum Instantaneous Demand 15 gpm D. OTHER REMARKS 70/O/ 4101PY.21/ 4,„ Az A.., ,4k4-,- s •�� X19, 7 a. . •• 1 ,PPM 111iiii3i J: mar Contract 1 FM950620WF(a) Nap ID Date Activated _6±L.12/95 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant* W (1t YV' L - )7100c/ Quantity of eater in acre feet 1 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organised pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the •District') for an allotment contract to beneficially and perpetually use water oc eater rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following teras 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 by eater leased herein. If Applicant intends to divert through a well, it oust be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2. Quantityt 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 oc controlled by the District. It 1s 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 fro■ 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 tern 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 rights to the Applicant say 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, it 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 Uset Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are 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, pr under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, oc 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 -1- diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District 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 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 (December 31), 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 State Engineer 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. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water tights which are junior to the date of application for the alternate point of diversion. 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 exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein and further agrees to indemnify the District frost 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 aaounq 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 agreement. 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 Applicant to utilize the water 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 18 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. Annual toyment: Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment -2- Annual payment for the water service described herein shall be determined by the Board of Dicecto the istcicteatla a pec acre-foot cats. The initial annual payment full, within thirty ( 30) days eis eduate of notice towt the Applicant that the initial payment advise the Applicant, among trsthingshallpply and thetpcidelihich yeas to which the initial payment is applicable to that year. able Annual tAeyments nfor oneachbs eJy.ac thereafter shall be due and payable is not sade by the due date, each January ry 1. If an annual payment the District to the written notice thereof will be sent by designated by the Applicant in Applicant at such address as maywriting, (If no addcess to. Appls icant's adds ss set forth herein. Wald Wheec use !oc any pact of a water year shall require payment for the entice water year. Nothing herein shall be construed so as to prevent n District from feats onus ting the annual cats in its sole dlscr. io If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no fucthec right, title or in erebtsay e immediately undec this contract without further notice and delivery curtailed, and the allotment of water, as herein made, say be transferred, lase leased, of rot ecwisetdisposed of at the disccetioo of the Board , 7. S!1.3111Y..1. As security to the District, the foregoing covenant or annual payments in advance of water delivery, will be fully as by annual budget and appropriation of funds from such sources of revenues as say beolegally ia available the Applicant. As additional secucity he Applicant will hold harmless the District and person,anvecersn corporation, quasi -governmental entity, l Applicanttodiscontinuance nthe inservice due to the failure herein contemplated toathe ia Appl current basis. Applicant agrees to defray any out-of-pocket expenses -incurred by the District in connectionbutlwi hedhe alloreimbursemententofter f rights hareundec, including, water tights a and ,adjudication Onecsssary to allosts incurred in w Applicant's with enof such allotted eater rights. 8. Assi nments This agreement shall ttire to the bbenefit of the a cs, successors oc assigns of the pa except that no allotted hereunder shalis l bto Pbe Bused ittedfor n the benefitevent tof saner rigotherwise held oc owned in land which ownership be interests subdivided by two, (2) or more users of the water sop right allotted hereunder. In no event shall the owner o a portion, but less than all, of the Applicant's hiceund.�•toAbe .. served under this Applicant's have rights underthiscontract shall be assignment of the APP with, such cequirssents as the subject to, and must comply District may hereafter adopt regarding assignment of contract stan tion of contract n p of Applicant's p rights and the assume her in shall pc veatgsuccessocsatoianpoe and successors. Nothi erty from applying to the District for individual and separate allotment contracts. the • 9. Other Rules' Applicant shall be boun�ht by aver onsecvancy, Act of Colorado, by provisions of • all other and amendments hereofha d asupplements othereto eands District; and al amendments t applicable lay. csnt a nceaance creeaent 10. 0 oration and Maintenance A catments Apvllltthe shall octet into er Deca on an the Board of DDistrict underirectors of thetDistrict, ifms and cand iwhen, the ons mBoard of said District -3- determines in its sole discretion that such an agceement !s requited. Said agreement say contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional admincoststothen,Dlstcictowhichdmayi acsisecthcough; oe foe other services made available to the Applicant. 11. Chance of Use: The District reserves the exclusive right to review, ceappcove oc disapprove any proposed change In use of the water allotted hereunder. Any use other than that set Cveth herein oc any lease or sale of the water oc 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 Ute: Applicant agrees to use the water in the manner and on the property described to the documents submitted the time agreement is executed addcumenareincocpocatd hereinbythisreference thereto), oc in any operation and maintenance agreement provided by lease poc a, lei of theuse watecother or water rights herein, hothern any than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agceement. 13. Titled It is understood and agreed that nothing herein legal feel titlenint rest in otirketed to lretoha ypvatertocany waequitable water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water eights herein,' and hereby agrees to be bound by any District conservation owned oc controlled waterer by oc water the District foe use of rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these csitciottane shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre Coot/100 head 2 - 3 acro feet/acre 16. Well Permit: If Applicant intends to divert through a well, than Applicant oust provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his 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 available pursuant to this agreement. Should the District be unable to provide the eater contracted for herein, no damages may be assessed against the Cistrict, nor may Applicant obtain a refund fros the District. 18. Costs of Water Court riling: Should nths istrcontict, is its own diacretioa, cnoose to Lnctu s App t herein in a water court filing toe 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 fans for Applicant's share of the proceeding. -4- FO SC TA B\( pUSUG ANO FOR Of coLERA°° 19. Binding Agreement: This Agreement shall not be complete noc binding upon the District unless attached hereto is the form entitled 'Application for Purchase of Waters from the 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. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF TUE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVER? WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT ZS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN TSE VALIDITY OF THE WELL PCRMIT OR WATER RIGH? INCLUDING FILING FOR EXTENSIONS or PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. APPLIC By APPLICANT ADDRESS: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) �! /r j/, v '�J' /p O5/i6i/ The fore ing instrument was ac ngqwledged be ��e on is c0 t day ofcQ , 19, by G),11Qi Witness my hand and official My commission expires: seal. Hotacy u(7t.lio ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT AIL cretary By preen Date This contract includes and is subject to the terms.and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided); 2. Application and Data Form fully completed and signed 3. Other -5- . . :•/• • ••:•��...._S • • • • t d • • • • fes!' _. -- , .. ,� •,t.•(: �:�: t • • • ,a .... .: • .. C� \� IT:.. �'j' rail AtlaO i s i; —. :�:_,.�.=.+..•..few • ._ .•�•�• .a. te" '�� N. WEST Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt. CO 81652 Vice President Samuel 8. Potter 0598 C.R. 323 Rifle. CO 81650 Treasurer/Alternate Sec. LaVerne Starbuck 3106 C. R. 342 Silt. CO 81652 Secretary William M. Zilm 0090 Sunlight Or. Glenwood Springs, CO 81601 DIVIDE WAThR CONSERVANCY DISTRICT P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 May 1, 1997 IL) c1 Board of Directors Kelly Couey 4745 C. R. 315 Silt. CO 81652 William M. Zilm 0090 Sunlight Or. Glenwood Springs. CO 81601 Laverne Starbuck 3106 C.R. 342 Silt. CO 81652 Larry S. Axthelm 1002 Cooper Ave. Glenwood Springs. CO 81601 Samuel 8. Potter 0598 C.R. 323 Rifle. CO 81650 William L. Flood 4339 County Road 117 Glenwood/Springs, CO 81601 Dear/Mr. Flood: Enclosed is your approved contract #FM961209WF(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its storage water from Ruedi Reservoir and Green Mountain Reservoir. Current federal policy has made it increasingly difficult to predict availability of water to West Divide. While we cannot guarantee that we can make any water available to you under this contract, we will continue to do everything possible to assure availability of the federal water while we develop alternative supplies. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide. You will be provided with a special form for this purpose upon notification that your well has been drilled. Flood May 1, 1997 Page 2 Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, Janet Maddock Administrative Assistant Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure District No. 45 Water Resources w/enclosure Edward J. Currier, P.E. w/enclosure `/Loyal E. Leavenworth, Esq. w/enclosure Contract No. FM961209WF(a) Map ID Nc 10 Date Activates. 4/24/97 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name William L. Flood Address 4339 117 Road, Glenwood Springs, CO 81601 Telephone Number 970 /945 - 0909 Authorized Agent or Representative Loyal E. Leavenworth, Esq., P. 0. Drawer 2030, Glenwood Springs, CO 81602 (970) 945-2261 B. WATER RIGHT OWNED BY APPLICANT Name of Right. Flood Water Well (Well No. 1) Type of Structure or Right well Location of Point of Diversion SW1/4 SW1/4 Section 3, Township 7 South, Range 89 West, 6th P.M., 1120 from South line and 680 feet from West line. Water Court Case No. 94CW344 Well Permit No. pending C. INTENDED USE OF LEASED WATER Location of Area of Use 6 acres along Four Mile Creek Description of Use Domestic use inside one single-family dwelling and irrigation of 3,500 sq. ft. of lawns and gardens. Number of Dwelling Units 1 Total Acreage 6 Proposed Potable Water System well Proposed Waste -Water Treatment System individual septic Projected Monthly Volume of Leased Water Needed in mat$ lms : acre feet: Jan. .01 Feb. .01 Mar. .01 Apr. .04 May .11 June .16 July .21 Aug. .21 Sept..16 Oct. .06 Nov. .01 Dec. .01 Annual Total Gallons Acre Feet 1 Maximum Instantaneous Demand 15 gpm D. OTHER REMARKS Date Signat re yal E Leavenworth, Esq. EXHIBIT A A parcel of land situated in the SW1/4SW4 of Section 3, Township 7 South, Range 89 West of the Sixth F.M., lying Westerly of the Westerly right-of-way line of the Four Mile 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. 792.95 feet; thence S. 52°56'57" E. 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 paint an the Westerly line of said Section 3, the paint of beginning. • •••,- - \•• \ • 7.1 .1 • *-----••\_.) • . • 12 • • Section 3, T. 7 S., Range 89 W., 6th 1314a„,. 0': 4499 ). • t Flood Water Well bc.,;› -•••=:. ••\ •. laod Well No. 2 I I i) Flood Well #2 WDWCD Contract No.. FM950620WF(A) k.1 • ..::%••"1 [7"\ • • •\.?1,1: • ,„:\\\,. • ( 4•%. • V. , a . . • • to. o•s • A o• • \. • 4 • , ••••••.`•-•ek'‘. r"\ 9100 --k:•%.."---\---N—, 1 )\-11 ,,.„_,,..s ,,,\,., • i, -/, I , \ • i .. ,(?..\ • \I, , ,/,. \\:‘, 11' \r\i i 'Ns,. s.-. • '• • ••••••••. VP • • o te• ) o t• : • 1. • • • 111 Contract 1FM961209WF(a) Map ID t 1 Date Activated /24/9 7 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: William L. Flood Quantity of water in acre feet one 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 of C.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 application, and subsequent delivery and use of water, 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 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 State Engineer. 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 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 may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights 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, it 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 irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are 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, or other works or facilities of the District, or from other sources available to the District, stla11 be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District 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 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 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. 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 State Engineer 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. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 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 exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and 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 agreement. 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 Applicant to utilize the water 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 18 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 this application for consideration by the District. -2- Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the 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. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. 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 ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and 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. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket 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. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. 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. Any assignment of the 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. 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. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Hoard of Directors of the District, if and when, the Board of said District -3- determines in its sole discretion that such an agreement is required. Said agreement may contain,but shall not be limited to, provisions Eor additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease oc 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 agreement is executed (said documents are incorporated herein by this reference thereto), 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 uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/I00 head 2 - 3 acre Eeet/acre 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. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his 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 available pursuant to this agreement. 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. 18. Costs of Water Court Filing: 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 proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached here -to is the form entitled "Application for Purchase of Waters from the 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. 20. 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 STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. STATE OF COLORADO COUNTY OF GARFIELD this APPLICANT• William L. . ood By enworth, Esq., APPLICANT DRE torney for William L. Floc Glenwood Springs, CO 81601 S9. 4�� �The foregoing instrument was acknowledged before me on '— day of December , 1996, by Loyal E. Leavenworth Witness my hand and official seal. My commission expires: 11/8/2000 kotary Publi ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By ATTEST: Secretary /! Presiders Da247/197 te This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other —5— LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SHANE J. HARVEY DONALD H. HAMBURG Of Counsel Eric D. McCafferty Garfield County Planner 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 December 5, 1996 Re: Flood Subdivision Exemption Dear Eric: L.,1i* 0_4_0 u:ui+f y 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 This letter is in response to certain matters to your letter dated August 6, 1996, to Lou Trapani. The first sentence at Item No. 5 with regard to the water rights for the exemption should read as follows: "The legal water supply for this exemption is subject to the plan for augmentation decreed in Case No. 94CW344." "The augmentation plan supporting the legal water supply for Parcels A and 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." Enclosed is a copy of the Judgment and Decree of the Water Court in Case No. 94CW344 for your files. If you have any questions or concerns, please let me know. DHH:eg cc: Lou Trapani MCCAFI ±R.3LT Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. L \Do aldmburg 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. Came - MO. 94CW344 West Divide Mater 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 Y ...• • P • Y ■ 2 Y Z • • 0 O .. u a. 0 c61 0 .40 Y � • 9 ec • 0 V 0 C Y • : v 2 •7 w 0 HAXIMUH EQR l TO SE AUGMENTED()) UNDER EXISTING CONTRACTS O O m N w =w O M a 2 tJ Q . C 4 4 4 4 4 U 0 0 CO m ANTICIPATED CONSUHPTIV6 • r v, N r In N r v, N r in N r in N r In N r n •-• r •n ^• r In ••• r In ^+ or v, .-I s H y. s r 4< Q Q f . 4 08/03/1966 • 05/18/1967 •o w O• m 0 m O .. m O, .. O• N ,O 0 0 CO O• — CO .. .. .I In m O• .. •n N O• 0 I05/04/1972'1 r, r O• .. 0 r, ,O 0 - N; i- O, .. O• N ,O 0 •n O, O O O - a c. r a aO 12/31/1980 m as -4 M \ . N . 12/31/1980 m ,.. - n \ N 12/31/1981 m as � M \ N N -. 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L m C C 7 .+ C 70 w w 04J 0 -1 -4 0 -1 7 7.4 o"•+ 0 `1.• 0 0 7.+c x 6. @ c 7 0 0 Z s44c.�1.13.6))mt•c..0 r10 1 0 0 0-1 0 `-+Y .-1 0. 0 3 0 .+ -1 -4 > p. ••-.1 •-1 •-• m 0 -+> 030wx •C ) X 3•-1 O .+ +' C ++ 0 11 -1 f4 C U) C 0 w A 0 0 ++ L 4 0 0 0> 0awm0 +- l m -4 1 00 44 m -1 C L y Z y II 9 .+ 4 y .• +1 .J U .+ U -+ C •• -. L C 4 0 0 1.40 61 G mum Q' 0 O. c m C U c >.-1 co•.4 C O COU) - 4 C C C 0 .-' .•1 .+ .+ -1 0 0 0 0 -1) 1:1 m 0 m 4 >. 0. ++.-,.+ C 7 0 o m a m m 0.m a+ i+ .+ m m U) .+ 1•) .0 x v) 00 00,44 .+++o 0 .+ C./C)00.1.4-4141.40.00 m m00000.14000=04 L %4 444aO 01)0.0..7.+.7.+ E.-1 They are included within thie decree to confirm that when an Cas. no. f4C11344 West Divide Mater Conservancy District et al. Judgment mad Decree of Mater Court Page -6- 8. Water rights to be used for augmentation: 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 NW1/4 NE' 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 ::::.:.:::w•..:??.::..:}.Y..:n:w:�. j{...:}:•..:;� • \.. }}:P? } $} ..,:,:,,,:.:.::,.::5" v :��}v::•r..YA;�tiff?M•:?.R:b.�..":.}.:::}{:',..v;: .4:Yv{? *Y.:,{rryn^ ''':W%•}}:�:'v'd?.?ij:;4?:::::i}:}}...:.:: Macr.�• .:3 `C."T .;••:3,i,1:.::::::::::,. � v.•.: ;$::d• . • 'xu 4E% :{::YY Hk x.•` ,•}:}: �' }'•}f{':{•f{:ti. +{}vnxtNit.v %:'^::NC;:}Mif fi *r:{v:. 7:}\:+••:,R•i.,..ti',•:{: Atkinson Ditch") 05/11/1889 05/24/1882 C.A.132 4.0 cfs Fourmile Creek Green Mountain Reservoirs) 10/12/1955 08/01/1935 2782, 5016, 5017 154,645 af Blue 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 NW1/4 NE' 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 Nater Conservancy District •t al. Judgsent and Decree of Water Court Page -7- b. Green Mountain Reservoir — in accordance with paragraph 5(a), (b), and (c) of the section • entitle "Manner of Operation of Project Facilit es and Auxiliary Facilities" in Senate Documen 80 c. Ruedi Reservoir — generation of electric energy, domestic, municipal, industrial, irrigation, and stock watering d. Zilm Transfer Ditch — augmentation 11. Statement of a. Backgro The District inte within the Fourmile Cr municipal, and commerc consequently developed water supply for up to within the Fourmile.Cr For purposes of t on the assumptions tha 100 gallons per day pe square feet of lawn an residence. plan for augmentation: nd ds to provide water to contract users ek basin for domestic, recreational, al purposes. The District has this augmentation plan to provide such a 500 equivalent residential units (EQR) ek basin. is plan for augmentation, one EQR is based 3.5 people live in each residence and use capita for in-house use, and that 3500 garden will be irrigated at each 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 c•nsumed when the waste water is collected and treated by individ al waste water treatment systems (septic tank—leach field). Ir igation depletions are estimated to be 80% of diversions, wit a unit consumptive -use value of 1.99 acre feet per acre at lower elevations in the Fourmile Creek basin. Diversions and deeletions for a single EQR are tabulated below (values in acre 'eet): SiDWCD . P 3 2 July 17, 1996 Case Mo. f4CM311 nest Divide Mater Conservancy District et al. Judgment and Decree of Mater Court Page -a- (1) The irrigation season is typically April 15 - October 15 in the lower Fourmile Creek area 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 Iaateastos. Swum (masuss mums tea► Mor-isatoastos Swum Ties or JOunstmSsa'.: r::::: *axles; Sisson >;. Drvansoss .......' • ..;::... DssrJfszoss ;:. ..,,. Is- %; Sosac Zs Hews.:. : Z3otzaaszal :> .;' tont Dzvsaszou Durum:ous Zsfaa►rios Central Wastewater Treatment (5%) 0.199 0.20 0.399 0.010 0.160 0.170 0.193 0.010 Central Wastewater Treatment (25%) 0.199 0.20 0.399 0.050 0.160 0.210 0.193 0.048 Septic Tank — Leach field or central wastewater treatment (15%) 0.199 0.20 0.399 • , 0.030 0.160 0.190 0.193 0.029 No Return to Fourmile Creek (100%) 0.199 0.20 - 0.399 0.199 0.160 0.359 0.193 0.193 (1) The irrigation season is typically April 15 - October 15 in the lower Fourmile Creek area 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 Case No. 94CWJ44 rest Divide rater Conservancy Dtatrtct et al. Judgment and Decree o1 rater Cour: Page -i- 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. .IRRIGtrATION 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 he Applicant, West Divide of the senior priority (priorit 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 ; and 99.5 acre feet of Consumptive use associated with the said 1.00 cfs and dry u 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: APR MAY JUN JUL(1) AUG SEP OCT TOTAL UNIT OP',_, NSUHPTIVE—USE CREDIT (FEET) TOTAL CONSUHPTI.VE—USE CREDIT :(ACRE FEET) 0.06 0.38 0.48 0.45 0.29 0.25 0.08 1.99 3.0 19.0 24.0 22.5 14.5 12.5 4.0 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 this augmentation plan by virtue of the WDWCD.P32 July 17, 1996 Case O. f4CW344 Meet Divide water Conservancy District et al. Judgment and Decree of Water Court Tags -10- District's long term contract with the owner of a one-half interest in the senior Fourmile Ditch priority no. 19. See paragraph llbs 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 cf§ 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 understandthat 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 decre by proper amendment prior to such expiration, curtailment of all out -of -priority diversions will occur . \J40ftov.l NA,44 )5/A,4 �t-lr. �S � 1/r5cu5SE 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 Cas• No. '4CW)44 west Divide water Conservancy D.atrzct et al. Judgment and Decree of water Court Page -11- historically received - supply of water from ground water accretions to Fourmile Creek below the headgate of the Fourmile Ditch. Historically t e supply available to such ditches has varied depending on th= overall water supply in any given water year. At times the fu 1 decreed allocation has not been available to the Smart and Green Ditch, which derives its source of supply both from Fo ile Creek and the same unnamed tributary upon which the Zilm Tr-nsfer Ditch is located. Because Applicants' plan cont-4!plates the replacement of 100% of depletions either to F•urmile Creek or the unnamed tributary above the Smart and Gr=en Ditch, no injury should accrue to either downstream head ate; However, Applicants' proposal for augmentation releases s 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. 7&t^ 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.732 July 17, 1996 AL.L,co Case No. 9401/344 test Divide water Conservancy District et al. Judgment and Deere of Nater 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 sourceof non -irrigation season calls affecting the augmentedrights 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.P32 July 17, 1996 14. Furthermore, the District shall obse operation of its augmen Game no. 9401344 Meat Divide Mater Conservancy Otatr1Ct •t al. Judgment and Decree of Water Court Peg* -13- o ensure that no injury occurs -to others, e the following conditions during the ation plan: a. Each year the Applicants will submit to the Division Engineer a statement in the format generally represented in Exhibit D which contain calculations of depletions which would be tributary to Fourmil- Creek upstream of the headgate of the Atkinson Ditch. The an ual statement will also include a calculation of the depl=tions that are expected to occur between the headgate of the Atkinson Ditch and the headgate of the Fourmile Ditch. The Ap licants will also annually submit calculations of project d depletions to be made to that unnamed tributary of Fourmile C eek which has been referred to as Zilm Gulch, on which the Zi Transfer Ditch headgates. b. When the Atki augmentation source, ou to West Divide's propor Under circumstances whe West Divide's proportio leave its unconsumed sh owners. c. Out of priori users so that water use users of the Atkinson D actual diversions, the received if not for the d. This decree c the augmentation servic additional points of di (above those currently In the event such futur and/or additional EQR a supply is requested fro: by the Applicant to the Homeowners' Association supply plan, and an opp of diversion and/or wat added on a permanent ba decreed only after the notice of which is publ WDWCD.P32 July 17, 1996 son Ditch is being used as the -of-priority depletions will be charged ionate share of the Atkinson Ditch. e those depletions do not fully consume ate share, West Divide can call for and re in the ditch foruse by the ditch co- y depletions will be replaced to other s on Fourmile Creek, including other tch priorities, may receive, through mounts of water they would have otherwise out of priority depletions. ntemplates that West Divide will add to plan (as described in this decree) ersion and/or water rights and/or EQR epresented in paragraph 7, Section I). points of diversion and/or water rights e added, and approval of a substitute the State Engineer, notice will be given Objectors Edmund Prehm, Springridge Place and Lazy Diamond A of said substitute rtunity to object thereto. Future points ✓ rights and/or additional EQR would be is to the augmentation plan herein iling of an application in Water Court, shed in the resume, and an opportunity Case No. f4CW344 West Divide Water Conservancy District et al. Judgment and Decree of Mater Court Page -14- given to all, including Objectors Edmund Prelim, 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 decreed conditional 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.P32 July 17, 1996 Case No. 94CW344 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.F32 July 17, 1996 eC ! yc-ufep.---e/7 BY THE JUDGE: Water Judge r Case so. 71/C11J44 west Divide Mater Conservancy District et a1. Judgment and Decree of water Court Page -15- b. Refrain rom curtailing out -of -priority diversions of the augmented rights when the depletions are offset by the operation of the plan f augmentation approved herein. c. In confo. 305(8), curtail out -of - rights at any time when Applicants' provision o amount of replacement w augmentation. mance with Colo. Rev. Stat. § 37-92- riority diversions by the augmented the consumptive use associated with water as approved herein exceeds the net ter available under the plan for 4. In consideration 'of the specific findings and conclusions made herein and in conformance with Colo. Rev. Stat. § 37-92-304(6) (1990), •:s amended, the approval of the change of water right and plan fo augmentation decreed herein shall be subject to reconsiderat'on by the Water Judge on the question of injury to the vested wa er rights of others for five years commencing upon complet'on of the structures identified in paragraph I.7. Applica is agree not to assert the defenses of res judicata or collate al estoppel with respect to any future claim made during the s=id 5 -years retained jurisdiction period by Springridge Place Holeowners' Association and/or Lazy Diamond A Homeowners Associatio that the agreement between Bershenyi and West Divide Water Conse vancy District (Exhibit B to this Decree) fails to operate to pre ent injury to Springridge Place Homeowners' Association and/or Lazy Diamond A Homeowners Association or their su cessors or assigns. IT IS ACCORDINGLY with the Water Clerk s 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. • RDERED that this Decree shall be filed ject to judicial review pursuant to Colo. Dated: wpwCD.?32 July 17, 1996 BY THE JUDGE: Water Judge EXHIBIT A ATKINSON DITCH Sec. 3 & 10, T T S, R89W, 601 PM LEGEND Historically irrigated lands that are not part of augmentation plan. WATER AGREE/4ENT THIS AGREEMENT is made this i'd' day of /.� , 1994 by and between JOHN W. BERSHENTI and ALICE BERSHEXTI, 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 Exhib t A, which exhibit is attached hereto and incorporated herein a 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 o said water rights; and WHEREAS West Divide s 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 ishes to implement its program in cooperation with Bersheny and in a manner that does not cause Bershenyi injury as set f rth in this Agreement. FOR AND IN CONSIDERA ION of the payments and promises to be made hereunder, the parti s agree as follows: 1. Bershenyi agree that he will accept payment as hereinafter described in ieu of replacement releases that otherwise would be made t meet calls made pursuant to the priorities listed on Exhi it 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 f Twenty Dollars ($20.00) per acre foot for each and every acre f t allocated by West Divide pursuant in whole or in part to the w ter rights leased hereunder under its Four Mile Creek allocatio program. 3. The term of thi Water Agreement shall begin on the first day of January, 199 , 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 EXHIBIT B Fags 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 flows from an unnamed gulch immediately east of Four Mile Creek proper to be Nater Agreement John W. Bershenyi and Alice Bershenyi and West Divide Mater Conservancy District 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 sha all local, state, and jud water use pursuant to thi 11. West Divide may West Divide no longer nee the allocation plan. 1 be solely responsible for obtaining cial approvals necessary to accomplish Agreement. terminate the within arrangement should to rely on this Agreement to implement THIS AGREEMENT is done this ;LT day of ,!,,aj7„4 4,e.e,r,, 1994, and shall be binding upon the heirs, successors, and assigns of the parties hereto. Attest: Secretary HN W. BERSHENYI ALICE BE WEST DIVIDE WATER CONSERVANCY DISTRICT BY ej? Nater Agreement John N. Bershenyi and Alice Bet h.nyi and Nest Divide Nater Cons.rvan•y District Page 3 of 3 EXHIBIT A TOUR MILE DITC4 • fits Ditch priority No. Amt.. APP.DATE ?DJ.DATE Four Mil• Four Mil• .19 1.6 11/6/1881- 5/11/89 WTER AGREEMENT This Agreement made and between JOHN W. BERSH referred to as Bershenyi, DISTRICT, a quasi-municip Statute, hereinafter refe WITNESSETH, Bersheny Agreement dated December said made his myth day of J , 1995, by NYI AND ALICE BERSHENYI, hereinafter and the WEST DIVIDE WATER CONSERVANCY 1 entity performed pursuant to Colorado red to as "West Divide." and West Divide entered into a Water 8, 1994; and WHEREAS, the parties have determined that one paragraph of Agreement should be =mended. FOR AND IN CONSIDERA ION of the payment and promises to be hereunder, the parti-s agree as follows: 1. The parties agr December 28, 19 provide as foll 7. West Divid headgate o or West Di unnamed gui to be retu Mile Creek Ditch. Th either poi of cumulat' quantity o of 0.5 cfs. e that paragraph 7 of the Agreement of 4 should be amended so that it will s: shall cause either a bypass at the the Atkinson Ditch on Four Mile Creek ide shall cause return flows from an ch immediately west of Four Mile Creek ned in the Zilm Transfer Ditch to Four above the headgate of the Four Mile obligation to provide bypasses at t shall be limited in that the amount ve bypass at both points shall be that water availablefor bypass in excess 2. In all other respects, the Divide and Bershenyi shall effect. WEST DIVIDE WATER CONSERVANCY DISTRICT By A T: Secretary Agreement between West remain in full force and (4d- r ERSHENYI ALICE `BERSHENY WATER AGREEMENT THIS AGREEMENT is made this 7. ay of1� , 1994 by and between WILLIAM K. ZILM and 1. =ILK, hereinafter referred to as *Ms,' and the WEBS DIVIDE WATER CONSERVANCY - DISTRICT, a quasi -municipal entity formed pursuant to Colorado. statute, hereinafter referred to as 'West Divide.' WITNESSETH Zits 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 Zils 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 program 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 ($20.001 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. Water Agreaa4nt William M. fila and Charlotte D. fila and West Divide Water Conservancy District EXHIBIT C Page 1 of 3 4. Each anniversa annual rental and the pe herein shall be subject rental and the per -acre - day of January of each y percentage of the rent w cost of living for the p increased or decreased. upon the basis of the Co U.S. City Average 1982-8 Department of Labor, Bur number shall be the late 1995. The current index year thereafter. Cowmen and each thereafter,' the the increase or decrease twelve (12) month period the rental. The increas number and the current i shall be multiplied by t negative product shall and the total thereof sh installments. If at any longer published, the pa generally recognized or a similar determinations of during the term hereof, the minimum -acre-foot annual rental described o modification. The minimal annual oot rental shall be modified on the lat ar of the term of this Agreement by the ich is equal to the percentage that' the eceding twelve -(12) month period The cost of living shall be computed sumer Price Index, All Urban Consumers, -100, published by the United States au of Labor Statistics. The base index t month available prior to January 1, number shall be the same month of each ing on the second year of this Agreement rental shall be adjusted by computing in the cost of living for the preceding and adding or deducting the same from or decrease between the base index dex number (expressed as a percentage) e rental. Any resulting positive or added to or deducted from the rental 11 be paid in equal, successive, monthly time the Consumer Price Index is no ies shall use such other index as is cepted for the purpose of making purchasing power. 5. West Divide ac rights described in Exhib for the term of and pursu Further, West Divide agr as necessary, in order to under this Agreement. owledges Zilm's title to the water t A and exclusive use thereof except nt to the terms of this Agreement. s that it will appear in Water Court, protect Zilm's and West Divide's rights 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 agr account of any damages th users contractees of West from water use derived un 8. West Divide sha all local, state, and jud water use pursuant to thi Water Agreement William X. SSL and Charlotte and West Divide Water Conserv s to hold Zila harmless for and on t may occur to Zila and/or third party Divide's allocation program resulting er this Agreement. - 1 be solely responsible for obtaining cial approvals necessary to accomplish Agreement. . film cy District Page 2 of 3 • 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 j day of, 1994, and shall be binding upon the heirs, success rs, and assigns of the parties hereto.- • st: Gl.� ecretary WILLIAM M. ZILM . 7 L iGFL CHARLOTTE B. ZILM WEST DIVIDE WATER CONSERVANCY DISTRICT By Mater Agreement Millias N. film and Charlotte B. film. and Vest Divide Mater Conservancy District Page 3 of 3 Four Mile Creek Four Mile Creek Four Mile Creek Ditch Atkinson Ditch EXHIBIT A Atkinson Ditch Atkinson Ditch pmt. ?►oo,Date `hdi,Date 2.0 9/29/1977 12/31/1979 2.0 03/24/1983 12/31/1985 2.0 03/24/1983 12/31/1985 EXHIBIT D1 eV 0 0 uCU 0 V L Y.. CO 0 Z • 1I1 A .!11C O 111 a Jj! _ lig 0 8 J x S Diversion Structure I Q Z • 1 V .b 0 O E Z W y1 . 1 g.1 ao Z — 0 0$ 0 0 0 818 P 000 4513 .. . - .__ �. 0.364 0.418 0.878- -., ICC 000 7 CA VI rtiCr) QDQDr 0 0 Cr/ ' C 3 7 0.7531 . 0.807 CO N g NCOV O O r- • t.. it .-foto r Co r e- 0 0 N m 0 ii 2 r, r cv co O O 000 4T YJ Jo m l n r 0 CO a o r i c C co 0.027 f 0.081 ,s- � to O O CO O O O > O Z I ('... rrr O O O O IO 0 E j = Q. r r r I / - t . ♦ r .c C • F unit uepietions I. Z CAF- c�i ,iol or! r' N .1 • (J)1O0910 h t no return 1 I o Y_ Q�H922 V L0�.-� ,r Lo �v �p Wd dp`� 1 'Q E Y_ O 0 € zeto$O �or- co co vv'r _____;2,_ wQ o f' � r ..-.1 LLQ m C E : 00 `- 03'toOQ to.-�j— z::„:,,,_ m N -�� F- +- w4 o r vw.r LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER DAVID E. LEAVENWORTH, JR. JOSLYN V. WOOD* GREGORY J. HALL *Admitted in Hawaii and Texas only DONALD H. HAMBURG Of Counsel Mr. I. Louis Trapani 1429 Grand Avenue, #103 Glenwood Springs, CO 81601 August 5, 1997 Re: Case No. 97CW009: Flood Water Well Dear Lou: 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Enclosed please find a copy of the Judgment and Decree in the above -referenced matter. On July 15, 1997, the Water Judge signed the Ruling of the Referee making it the Judgment and Decree of the Court. This Decree changes the use of the Flood Water Well to domestic purpose inside one single-family dwelling with irrigation of up to 3,500 square feet of lawns and gardens. The current well permit for this well was sent to you on June 5, 1997. With the issuance of the Judgment and Decree, this matter is now concluded. Please give me a call if you have any questions or concerns. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. Loyal E. Leavenworth / LEL:eg Enclosure cc: Bill Lorah w/enc. DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 97CW009 RULING OF THE REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: WILLIAM L. FLOOD, in Garfield County, Colorado The above -entitled application was filed on January 17, 1997. This matter was referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S. (1973), known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the application are true, and having become fully advised with respect to the subject matter in the application, does hereby make the following determination and Ruling as the Referee in this matter to -wit: 1. The statements in the application are true. 2. The name and address of the Applicant is William L. Flood, 4339 117 Road, Glenwood Springs, Colorado 81601. by law. 3. Timely and adequate notice of the filing of this application was given as required 4. The Applicant requests a change of water right more fully described as follows: A. Name of well: Flood Water Well. B. From previous decree: (1) Date entered: October 5, 1978. Case number: W-3570. Court: District Court in and for Water Division No. 5. (2) Decreed point of diversion: The well is located in the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 7 South, Range 89 West of the E: \FILES\FLOOD.3 RU June 5. 1997 Ruling of the Referee Water Division No. 5 Case No. 97CW009 (3) 6th P.M., at a point 1,120 feet North of the South line and 680 feet East of the West line of said Section 3. Source: A well having a depth of 115 feet, and being tributary to Four Mile Creek, tributary to the Roaring Fork River. (4) Appropriation date: June 29, 1972. Amount: 0.033 c.f.s., absolute. (5) Historic use: Household use only, for one single-family dwelling and not to be used for irrigation. 5. On January 17, 1997, the Applicant filed an Application for Change of Water Rights requesting to change the use of the Flood Water Well to domestic purposes, inside one single-family dwelling with irrigation of up to 3,500 square feet of lawns and gardens. 6. The Flood Water Well has been augmented to include irrigation of 3,500 square feet of lawns and gardens under the terms and conditions of the Judgment and Decree of Water Court issued to the West Divide Water Conservancy District and William Zilm on August 5, 1996, in Case No. 94CW344 in the District Court in and for Water Division No. 5. 7. The Referee, having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the above -entitled Application should be granted in part, and that the uses of the Flood Water Well be changed to domestic purposes, inside one single-family dwelling with irrigation of up to 3,500 square feet of lawns and gardens, in the amount of 0.03 c.f.s., absolute, with an appropriation date of December 28, 1994. The Referee further concludes that the exempt household use only underground water right awarded to the Flood Water Well in Case No. W-3570 is hereby abandoned and replaced by the water right awarded herein. The change of water right requested will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, and the change of water right should be approved in accordance with C.R.S. 1973 §37-92-305(3). It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. E: \ FILES \FL.00D.3 RU June 5. 1997 -2- Ruling of the Referee Water Division No. 5 Case No. 97CW009 It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State gineer. Q Dated this ( day of ;opy of the foregoing nailed to all Counsel of record --Mater ,; Referee, ---Div. Engineer— and State Enoineer= —Date 1-7, 577 t 1997. Water Referee Water Division No. 5 State of Colorado No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed and approved and is made the Judgment and Decree of this Court; subject, however, to reconsideration on the issue of injury to vested water rights for a period of 3 years, which the Court finds reasonable given the fact that the uses are very limited in nature and scope and the quantities of water involved are minimal. , 1997. Cocy 01 the foregoing mailed to all Counsel of record"WateL, Referee, ---Div. E neer---and State naineer--Date f -2/- /7 lxt?Cb" E: \FILES\FLOOD. 3 RIJ June 5, 1997 -3- SEO-WTR DI') 5 TEL :303-9 15-5665 Nov 29 95 14:39 Nu .006, P.01 DIVISION Or WATER RESOURCES WATER .DIVISION FIVE Office of the State Fnf;inecr Department of NAur, I Resources 50633 U.S. Hwy 6 & 14 Box 396 Glenwood Springs, CC) 81601 F'horte (303194S-5665 FAX (3031941,-8%41 DATE: STATE OF COLORADO FAX TRANSMISSION COVER SHEET /'l -Z%'" TRANSMIT TO FAX NUMBER :' 7 ` c f;;r 7 IMMEDIATE DELIVERY TO; FROM: cam„ )1 - NO. OF PAVES (INCLUDING COVER SHEET) : Roy Rnitio, tames'. I rxincw.id E aOr.ut vo Duer r., N:11 f) Simpson St.tir ! nginccr Ortyn 1. bell DIMion tnh neer INSTRUC!'lONS/COMMENT; 00 At f /42, /366' ''f ; Pee .1e_ e ,• G -R ./4'` Cou Com. /s �. /t/0S. q- C Z4'— %%.� ( eyto L '� ?.-cii/�� (/-4e t �c/l/ .y)1 . 2) rti 3 S" rr C r,c-r f G«. s t.) f (o o d 4--a f t:1 --t4 .. /7 i / � �i /Ho''(($ l Qr1 f y) /9‹ r r. 6'3 "7-2. of (4 k �) 3/ (An rc � rC ']� ,d !" /{ ``', Vic' ' U 3 7_2. Ii- you tfav(2. pre:lbl-mE rec_uiving t.Y iiEm]s io]t of dOL:unlOnl.(`,) , pit `-,:,C_ r:a 1 1 ,),V) O66_, C)11P FAX I UMI.'.i•:k:r : (301) 94_ a 1.1 or ( 103) 866-b41(:) SEO-IJJTR DI') 5 r �f TEL :303-945-5665 Nov 29 95 14:40 No .006 F .02 OFHCE OF THE STATE ENCtNEER rlivi:inr: !1r kN,rtc`r R :rtUrc'4 5 Dt:partnicnt Cil Natural Re54.1itrcer; 1313 5herntan Street, Room (118 Deriver, Colo,, -,e -lo (102()_t Phone (3031866-3581 FAX C3031866 -3S89 William Flood 4339 117 goad Glenwood Springs, CO 81601 STATE OF COLORADO RECEIVED . T.T 139 August 25, 1995 lt37F - R„y Rorrrcr ( :t i vei r inf lamcs S. t <, hhcad Excculivr• Director f lal L) Simpson State t ruitoer -3"- /� C -e1(<.= z - RE: FILE NO, AD-.._. Dear Mr. Flood: Your application for a permit to construct a well has been denied. Enclosed is a copy of the Findings of the State Engineer and your denied application. Pursuant to Colorado Revised Statute 37-92-602(3)(e), you are entitled to request a hearing before the State Engineer to contest this decision. if you desire such a hearing, you must submit a written request for a hearing to the State Engineer within sixty (60) days of notice of the denial referring to the file numbers shown above. Since you are seeking approval of a plan for augmentation regarding this well, at such time as the Division 5 Water Court approves a plan for augmentation applicable to the proposed well, you should submit a letter to this office requesting reconsideration of this denial. The letter should be accompanied by a copy of the court decree signed by the water judge. In making inquires regarding this denial, please contact Jeff Deatherage of this office and refer to the file number shown above, DJ F/J D/jd Enclosures cc: Division 5 388672.ad Sincerely, David J. Fox ` Professional Engineer Il ED-LJTR DIV 5 TEL WRJ.5•ke»; 76 Application must be complete where3'95 ('IA PERMIT TO USE GROUND WATER applicable. Type or A. .-t (-1 A PERMIT TO CONSTRUCT A WELL print in BLACK .FOR: (✓1 A PERMIT TO INSTALL A PUMP INK No overstrikes t:. or erasures unless ( ) REPLACEMENT FOR NO. V,', „,r",\. re: OTHER `"/c' n )'lt WATER COURT CASE NO. ' t"' //S` AX, P 0(; :. :` _ V5- G 4,. i., 6 f140.0 weir FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. 3s 36'7 1 STREET 4/339 /f RO'e( Basin - Dist. CITY /01 11"' 041 LI ,r (Q c9l60i ( tate) (ztp) %-f Nov 29 95 COLORADO DIVISION OF WATER RESOURCES 818 Ctennial Bldg., 1313 Sherman St., Denver, Colorado 80203 � �, FPLICATIPERMIQNT APPLI DENT , i IOLI ,g* �" \ . 14:41 No.006 P.05 /(o ( 46, • r.. JUL 1995 (1) APPLICANT - mailing address NAME—Ioik^'` ROW TELEPHONE NO. (2) LOCATION OF PPOSED WELL County V. of the St-- ye Section Twp. •7 5, Rng. (N,SI 7 W P M- (3) WATER USE AND WELL DATA Proposed maximum pumping rate Wpm) 15— Average annual amount of ground water to be appropriated (acre-feet):_`_.__... Number of acres to be irrigated: Proposed total depth (feet): /AO Aquifer ground water is to be obtained from: l /n t to (reek Owner's well designation /E7av+i *Z. GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (x') DOMESTIC (1) ( ) INDUSTRIAL (5) ( I LIVESTOCK (2) ( 1 IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL TI IL USE ON BACK IN (1 1) (4) DRILLER NamN _._ I . /.(Pt cer_-/ Street City (Sure) Telephone No Lic. No. c.QNDITIONS OF„APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1//l,l-i i :rt 7 `; APPLICATJDN DENIED; FILE NO. AS 136064 CHEC); ZE'#l2E3672 072895 vO.�00 APPLICATION APiPROrVT.!T.........RCES PERMIT NUMBER .. DATE ISSUED EXPIRATION DATE. (STATE ENGINEER) • BY 4'"'_ —7 7� `AEU—MTP DIU 5 TEL (5) THE LOCATION OF THE PROPOSED WELL arilzl the arFea-ort which the water will he used must he indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. 1 MILL'. 5='80 FEET • -{. NORTH SECTION LINE SOUTH SECTION LINO --- - - -1-- — fi m -4 m r) 1 0 2 r- 2 m The scale of the diagram is 2 inches 1 mile Each small sguar? represents 40 acres. - - Nov 99 95 14 :42 No .006 P . 06 —40:THE WELL MUST BE LOCATED BELOW by distances from section lines. LJ�7O it. from SOLD sec. line (north or south) ft, from , Weir sec line (cas' or west) 7q 40 LOT BLOCK FILING it SUBDIVISION (7) TRACT-QN WHICH WELL WILL BE LOCATED Ownor: F1cx1/4I No. of acres Will this be the only well on this tract?,__, e5 (8) PROPOSED CASING PROGRAM Plain Casing r in. from O ft to /GPO ft _ in from ft to ft Perforated casing in. from _ °`')tt tit /20—...- ft. in from ft, to ft WATER EQUIVALENTS TABLL Wounded t iguresl A acre -toot covers 1 acre of land 1 foot deep 1 cubic foot per second (cls) ... 449 gailorrs or minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot 43,560 cubic feet ... 325,900 gallons_ 1,000 gprn Dumped continuously for one day products 4.41 acra.fcet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: 0/9 (10) LAND ON WHICH GROUND WATER WILL BE USW; Owner(s): t 14'.44 1 FLOd Legal description: Cele .4.r/AAf No. of acres: 2 (11) DETAILED DESCRIPTION of the system to be used, °roe /j4/0 Favtfis7 der/ /J4-. use of ground water: Household use and domestic wells must indicate type of disposal DJV1l)L(Sft coli StjSO in , Al6510)?4,2kg_ wow /2r�00 1 ,l) /t'/ / 1� -F (12) SSI HER WATER R IRS Type or right used on thEs blot, including wells Used for (purpose) 2),k'L—?(M Give Registration and Water Court Case Numbers. Description of land on which used (13) THE APPLICANT(S) STATE(S) TRUE T THE BEST OF . S TI1T T THE INFORMATION SET FORTH HEREON I5 V EDGE. SIGNATt APP t K.'ANT(S) Use additional shP.RIs of piiper if more space is required. SEO-VR DIPJ 5 TEL :303-945-5665 Nov 29 95 FINDINGS OF THE STATE ENGINEER 14:40 No.006 P.03 IN THE MATTER OF AN APPLICATION FOR A PERMIT TO CONSTRUCT A WELL IN WATER DIVISION NO. 5, GARFIELD COUNTY, COLORADO APPLICANT: WILLIAM FLOOD rak FILE NO.: AD-, l . in compliance with C.R.S. 37-92-602, William Hood, (hereinafter "applicant") submitted an application for a permit to construct a well, Based on information provided by the applicant and records of the Division of Water Resources, the State Engineer finds as follows: 1. The application was received complete by the State Engineer on July 28, 1995. 2. The proposed well will be located in the SW 1/4 of the SW 1/4 of Section 3, Township 7 South, Range 89 West, 6th Principal Meridian. 3. Tho proposed location is outside the boundaries of a designated ground water basin. 4. The proposed maximum pumping rate of the well is 15 gallons per minute. 5, The proposed average annual amount of ground water to be appropriated is 1.0 acre-foot. 6. The applicant proposes to apply the water diverted from the well to the following beneficial uses: Household use in one single-family dwelling, the watering of non-commercial animals, and the irrigation of 12,000 square feet of lawns and gardens. 7. At the proposed depth of 120 feet using perforated casing In the interval between 100 feet and 120 feet below land surface, ground water diverted by the well would be hydraulically connected to Fourmile Creek, a tributary of the Roaring Fork River, which is a tributary of the Colorado River System. Diversion of ground water by the well will influence the rate or direction of movement of water in those natural streams and their alluviums. 8. The applicant has proposed to locate this well on a 2 acre parcel. Tho creation of this 2 acre parcel is pending approval by Garfield County. Until final approval for the creation of this parcel is granted by Garfield County, tho well will be located on a 6 acre parcel which also has permit no. 63726 located on it. Therefore, this well will not be the only well on a parcel of 6 acres, described as a portion of the SW 1/4 of the SW 1/4 of Section 3, Township 7 South, Range 89 West, and used for purposes as stated in C.R.S. 37-92-602(1)(b), including household use in one single-family dwelling, the watering of non-commercial animals, and the Irrigation of 12,000 square feet of lawns and gardens. Therefore, the presumptions as stated in C.R.S. 37-92-602(3)(b)(II)(A) do not apply, and the application is considered pursuant to the provisions of C,R.S. 37-92-602(3)(b)(I). 9. Fourmilo Creek, the Roaring Fork River, and the Colorado River System aro overappropriated. At some or all times of the year, the water supplies of said stream systems are insufficient to satisfy all the decreed water rights senior to an appropriation by the applicant, 6EO-WTR DIPJ TEL Nov 29 95 14:41 No.006 P.04 Applicant: William Flood Fite No.: AD- 13yaGc} Page 2 10. The withdrawal and consumptive use of ground water by the proposed well would deprive senior vested water rights of water to which they would have been entitled absent the withdrawal by the applicant. 11. No plan for augmentation to remedy the Injury to vested water rights has been approved by the Division 5 Water Court. An application for underground water rights and for approval of a plan for augmentation is pending in ease nos. 95CWi 15 and 95CW116. Based on the above, the State Engineer finds that the vested water rights of other appro- priators will be materially injured. The application is therefore denied. Dated this 2 S day of Prepared by: JD 388672.ad/0546(h).mrg By; ,19��. 4 Hal D. Simpson State Engineer Da bi J. Fox Professional Engineer II SEO—WTR DIV 5 TEL:303-945-5665 Nov 29 95 14:42 No.006 P.07 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3570 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF WILLIAM L. 1± L00D IN THE ROARING FORK RIVER RULING 02 REFEREE OR ITS. TRIBUTARIES TRIBUTARY INVOLVED: FOURMILE CREEK) IN GARFIELD COUNTY ) 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 the undersigned Referee having; made such investigations as are ne- cessary to determine whether or not the state:ment:s in the application are true and having become fully advised with respect to the subject matter of the epp11cation does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Flood Water Well. 3. The name of the claimant and address is William L. Flood; 4339 Count' Road 117; Glenwood Springs, 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 SWkSWk of Section 3, T.7S. R.89W. of the 6th P.M. at a point 1120 feet North of the South line and 680 feet Hast of the West line of said Section 3. G. 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 well shall be Used in such a way as to not cause material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or pre- clude another owner of a vested water right from seeking relief in a civil court action. FILED IN wATEiz. COURT Division No. s ;3.1.Fc6 . 4. WATan C44 _ uv LI Ty Approved ,l;or household use only, for one (1) single family dwelling and not to be used for irrigation. The return flow from the use of this well trust be returned to the ea= stream system in which the well is located. 7. '.I'he data of initiation of appropriation is Juno 29, 1972. 8 The amount of water claimed is 0.033 cuble foot of water per second of time, absolut . 9. The water was first- applied to beneficial use on September 21, 1972. The Ltcferee does therefore conclude that the &Ove entitled application should be granted in part and that: 0.033 cubic fool'. of water per, second of SEO-WTR DIi 5 TEL Nov 29 95 14:18 No .005 P.07 IN THE: DISTRICT COURT IN AND FOR WATER invisiON NO. 5 STATE OF Application IN THE MATTER OF TME APPLICATION FOR WATER RIGHTS OF WILLIAM L. FLOOD IN THE ROARING FORK RIVER OR ITS. TRIBUTARIES TRIBUTARY INVOLVED: FOURMILE CREEK) IN GARF'IELD COUNTY ) COLORADO No. W--3570 FILED 1Tr1 4VA'Y Lt.: COURT Divi .,on No. 5 Fi7R-OTE OF OLO1-'.ADO WATCH CI.Cr RULING OF REFEREE 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 A. of 1969, And the undersigned Referee having made such investigations as are ne- cessary to determine whether or not the statement's in the application are true and having become fully advised with respect to the subject matter, of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Flood Water Well. 3. The nine of the claimant and address is William L. Flood; 4339 Count} Road 117; Glenwood Springs, 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 S';1)rSWk of Section 3, T.7S. R.89W. of the 6th P.M. ata point 1120 feet North of the South line and t?80 feet East of the West line of said Section 3. 6. The water is claimed for domestic purposes; however, permit No. 6377.6 was issued by the Office of the State Engineer on August 28, 1972, subject to the following condi.ttons of approval"; This well shall be used in such a way as to not cause material injury to existing wager rights, The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or pre- clude nnot-her owner of a vested water, right from seeking relief in a civil court action. Approved for household use only, for one (1) single .fancily dwelling and not to be used for irrigation. The return flow from the use of this well must be returned to the same strewn system in which the well is located. 7. The date of initiation of appropriation is June 2.9, 1972. 8. The amount of water claimed is 0.033 cubic foot of water per second Jf time, abaolute. 9. The water was first applied to beneficial use 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 SED-LJTR DIV 5 TEL :303-945-5665 Nov29 95 14:43 No .006 P.08 time is hereby awarded to the Flood Water Well, for household use only for one single family dwelling, with appropriation date of the 29th day of June, 172, absolutely and unconditionally. The above described underground water right meets the criteria for an exempt; domestic Ice ll pursuant to C.R.S. 1973, 37-92-602 , so long as it is used for the purposes set forth herein, and by statute. It is accordingly ORDERED Chat this ruling shall be filed vtth the Water 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 3'/' day of Ai4 � 19,744.. }Ce p rot4At Id * i ild3 tit thio -'L+.AF Trio tovegottIt5 ruling is uamiiroo4 r ld approved, and io mJA* �hel f�lclgmex�4 an0. Delores, at thio court /4/eY Dat&d: Vat er Jaega BY THE REFEREE: E: date efer.ee S:'at Division No. 5 State of Colorado SEO—MTF' DI'' I' ORM I0, GWS -11' 07/93 TEL : 3.13-945-5555 STATE OF COLORADO OFFICE OF THE STATE ENOINFEFi ale Centennial Bldg., 1313 Sherman St, Denver, Colorado 60203 (303) 664 .3S 1 Now `19 PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM NEW OWNER �^ NAME(S) ........... _. _ t tdo rte') Mailing Address . . _..1339 /,/.�� ......./`{"f 1/6.0,1 St. zip ��-' Pnwdd � City, S . p...... � �........... �' ..,._.......... Phone (..... j7O) R'ic- .......b9c�`� 2. THIS CHANGE 4S FOR ONE OF THE FOLLOWING: El" WELL PERMIT NUMBER 4 372-6, 3 5. L'' UVESTOCK WATER TANK NUMBER 0 EROSION CONTROL DAM NUMBER WELL LOCATION: COUNTY 9 Aar I Lb (Ct►Y) (Stale) (LP) (Addrese) 9A -1S9 0 E. or El W P.M. �(}y� 7 0 N. or S., Range 114 o11ha..Ju� ..114, Sac,Twp. ....._, ... 0 �j C,.., 0 �} 1 l 2� Ft. from N. (0 14 �� S, Line, 6 80 Ft. from E. or El W. Line. Lot ..... _....... . BIOCk Filing (Unit) 14:43 No.006 P.09 rol VIIII:V Vao v11,/ J9Zr2Z'.{ Subject to Revision OWNER'S WELL QESIGNA71ON F190/ ;2 wen.. Distances from Section Lines Subdivision _ LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY N. or 0 S., Range.. Q E. or 1/4, Sec. Twp,•........,,. - P.M. The above listed owner(s) say(s) that he (they) own the structure described herein. The existing record is being amended for the following reason(s): ❑ Correction of location. LTJ�{ Change in name of owner. Change In mailingaddress. 1 (we) have read the statements made herein, know the contents thereof, and state that they are true lo my (our) knowledge. u [Pursuant to Section 24-4.104 (13)(a) C.R.S., the making of false statements herein constttutes perjury 1 rY in the second degree and is punishable as a class 1 misdemeanor.) Name/Title (Please type or print) vt%I L-,/ 1 G _ o Q/] Signet FOR OFFICE USE ONLY -^^ — — Dato State Engineer By Co. —2 3 WD . 0 Basin _ MD Use Cour Case No. (4-_, � ..5-7(:1_ Div. _ Date SEO—IiiTR DIV 5 TEL Nov 29 95 14:15 No.005 P.01 DIVISION OF WATER RESOURCES WATER fAVISIC.)N FIVE office of the State Engineer Depaartivnt of Natural Resources 50633 U,S I iwy 6 24 P.P. BOK 3% Glenwood Spring, CO 11,1602 Phone (303) 945,5665 FAX (303) 941,11741 DATE: STATE OF COLORADO FAX TRANSMISSION COVER SHEET TRANSMIT TO FAX NUMBER: 9,vs- 77Les- 64! ;Ire, 7e, 9 IMMEDIATE DELIVERY TO: FROM 4 NO. OF PAGES (INCLUDING COVER SHEET): INSTRUCTIONS /COMMENTS o/-"%ip, / 2 6 6 ere• /77 Se -c, ie Ray Ramer lames 5. Luc Iliwitd Eceoltive Dill't ifIr HAI Surripv.n Stale inginerc :Ilya I. Fie.11 Er,E:mt,“ 44, ,s 9 // s- 09,4 c 5 c- ( fr4,011.-(eatiu) 7° nist) e, 0 el 4-"ez t6 1-,--"( 6,161 ‘‘ 3 7-2, k 110 /li 9 e4A 7.1 t e), -t() 3/ c P. .1- iref- 7ett T ',,CYL1 ha. \7". p robleirtf.-", v -i (:'1LrflEafl) i on of dc.Klumcnt(s), pleas 941J 5665. OUR PAX NUM2LRS: (303) ,,P.D-B7,41 or (303) 866• 5415 SEO-WTR DIV 5 TEL :303-945-5665 Nov 2'9 95 14:16 No .005 P.02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 1)i vC:I r)i> o \\'d11`r )' i. (11IrCC':; D pmirlt'11! 1313 Sherman SIreol, Rocpn 818 Denver, C:ol,,,rii:30 (t(>2C1? Phone (.1031 866-:3'381 1 AX (30:11 Iti,6..351b'.I RECEJ` :til August 25, 1995 William Flood 4339 117 Road Glenwood Springs, CO 81601 �1 RE FltE NO. AD- l f 0T Dear Mr. Flood: Rr\y Ronwr Gmernw Jarrici 5. LochI cad Executive Director I3dl D. Sim(r.un Starr. („t;;ni.•i lc. -t.) /7 C, ( Your application for a permit to construct a well has been denied. Enclosed is a copy of the Findings of the State Engineer and your denied application. Pursuant to Colorado Revised Statute 37-92-602(3)(e), you are entitled to request a hearing before the State Engineer to contest this decision. If you desire such a hearing, you must submit a written request for a hearing to the State Engineer within sixty (60) days of notice of the denial referring to the file numbers shown above. Since you are seeking approval of a plan for augmentation regarding this well, at such time as the Division 5 Water Court approves a plan for augmentation applicable to the proposed well, you should submit a letter to this office requesting reconsideration of this denial. The letter should be accompanied by a copy of the court decree signed by the water Judge, In making inquires regarding this denial, please contact Jeff Deatherage of this office and refer to the file number shown above. Sincerely, '1 David J. Fox Professional Engineer II DJ F/J D/jd Enclosures cc: Division 5 388672.ad SED-I,.1TR DIV 5 TEL :303-945-5665 Nov 29 95 14:16 No .005 P.03 FINDINGS OF THE STATE ENGINEER iN THE MATTER OF AN APPLICATION FOR A PERMIT TO CONSTRUCT A WELL IN WATER DIVISION NO. 5, GARFIELD COUNTY, COLORADO APPLICANT: WILLIAM FLOOD FILE NO.: AD- t Zeck/4 In compliance with C.R.S. 37-92-602, William Flood, (hereinafter "applicant") submitted an application for a permit to construct a well. Based on information provided by the applicant and records of the Division of Water Resources, the State Engineer finds as follows: 1. The application was received complete by the State Engineer on July 28, 1995. 2. The proposed well will be located in the SW 1/4 of the SW 1/4 of Section 3, Township 7 South, Range 89 West, 6th Principal Meridian, 3. The proposed location is outside the boundaries of a designated ground water basin. 4. The proposed maximum pumping rate of the well is 15 gallons per minute. 5. The proposed average annual amount of ground water to be appropriated is 1.0 acre-foot. 6, The applicant proposes to apply the water diverted from the well to the following beneficial uses: Household use in one single-family dwelling, the watering of non-commercial animals, and the irrigation of 12,000 square feet of lawns and gardens. 7. At the proposed depth of 120 feet using perforated casing in the interval between 100 feet and 120 foot below land surface, ground Water diverted by the wall would be hydraulically connected to Fourmile Creek, a tributary of the Roaring Fork River, which is a tributary of the Colorado River System. Diversion of ground water by the well will influence the rate or direction of movement of water In those natural streams and their alluviums. 8. The applicant has proposed to locate this well on a 2 acre parcel. The creation of this 2 acre parcel is pending approval by Garfield County, Until final approval for the creation of this parcel Is granted by Garfield County, the well will be located on a 6 acre parcel which also has permit no, 63726 located on it. Therefore, this well will not be the only well on a parcel of 6 acres, described as a portion of the SW 1/4 of the SW 1/4 of Section 3, Township 7 South, Range 89 West, and used for purposes as stated in C.R.S. 37-92-602(1)(b), including household use In one single-family dwelling, the watering of non-commercial animals, and the irrigation of 12,000 square feet of lawns and gardens. Therefore, the presumptions as stated In C.R.S. 37-92-602(3)(b)(il)(A) do not apply, and the application is considered pursuant to the provisions of C.R.S. 37-92-602(3)(b)(l). 9. Fourmile Creek, the Roaring Fork River, and the Colorado River System are overappropriated. At some or all times of the year, the water supplies of said stream systems are insufficient to satisfy all the decreed water rights senior to an appropriation by the applicant. SECI-LLITR DIl} 5 Applicant: File No.: TEL Nov 29 95 14:17 No.005 P.04 William Flood AD- la%s Page 2 10. The withdrawal and consumptive use of ground water by the proposed well would deprive senior vested water rights of water to which they would have been entitled absent the withdrawal by the applicant. 11. No plan for augmentation to remedy the injury to vested water rights has been approved by the Division 5 Water Court. An application for underground water rights and for approval of a plan for augmentation is pending In case nos. 95CW115 and 95CW116. Based on the above, the State Englneer finds that the vested water rights of other appro- priators will be materially Injured. The application Is therefore denied. 4I. Dated this X \S day of Prepared by: JD 388672.ad/0546(h).mrg By: Hal D. Simpson State Engineer Da J. Fox Professional Engineer II SED—UTP, DIV 5 WRJ.5. R ov,"76 Application must be complete where applicable. Type or print in SLACK INK_ No overstrikes or erasures unless initialed. TEL :303-945-5665 jL COLORADO DIVISION OF WATER RESOURCES 818C ntennial Bldg„ 1313 Sherman St., Denver, Colorado 80203 _ APPLICATION DENIM- g'_k A RFCF-r f� PERMIT APPLI-10 ( 'IA PERMIT TO USE GROUND JUL'aS,95 (✓jAPERMIT TOCONSTRUCT AWELLR FOR: (4 A PERMIT TO INSTALL A PUMP `fr. . 4' ( ) REPLACEMENT FOR NO. ( ) OTHER WATER COURT CASE NO, 9.3--‘1,--- tv.s- 44j F r .,( ,- Nov 29 g5 14:17 No.005 P.05 .'/x• ea 1 Ji(C)1rK:. ? 11 tt.r� (. b 1,9p5 ; '1 (1) APPLICANT - mailing address NAME k4 /k . Rnai STREET CITY 47336/ /77, ,eoacj. prr w e"e7 c9/ 6 G/ TELEPHONE NO tato) (Zip) 7 7r 9y -coq (2) LOCATION QF PROPOSED WELL County 5) 14 of the W 14, Section R n9.gl w IN.SI (E.W) P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (qpm) Average annual amount of ground water to he appropriated (acre: -feet): Number of acres to he irrigated: Proposed total depth (feet): (Zoos.)soF, Aquifer ground water is to be obtained from: -77z i gul ag -y, ' /tt,1t Crrek f/avI #� Owner's well designation J3OUND WATER TO BE USED FOR: ( 1 HOUSEHOLD USE ONLY - no irrigation (0) (/() DOMESTIC (1) ( 1 INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name ler PtifeW Street City (Slate) Telephone No. Lic. No. c21p) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. 3S S ( / Basin Dist. CONDITJOM OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action - r.' 7 L'✓ APPLICATION DENIED; FILE No. All 1 3401 ��C}}�H((E��CKS ��pp�� TRfl38O672 472e9s APPLICATION APPR VI;TI RESOJJRCES PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY 1 r . `1 2? 3P :CEO-WTR IDIV TEL :303-945-5665 Nov 29 95 14:18 No .005 P.06 (5) THE LOCATION OF THE PROPOSED WELL arizl the a export which the water will be used must be indicated on the diagram below, (Re the CENTER SECTION (1 section, 640 acres) for the well location. -- ._ i {_ — + — -- — + — i-4 1 MIL[, 5280 FEET ----- 1 } NOTH SECTION LINE •1- — fPI I 1 I NORTH I Lao 1 1 y I 1 I I -i- --- 4 - I I SOUTH SECTION LINE The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. + ± -%t) THE WELL MUST BE LOCATEDaELoW by distances from section lines. giqp ft, from EDG7A sec, lime o ft from (north or south) 14./P Sec, 11!x1! fleas! or west) LOT. BLOCK FILING rr SUBDI VISION (7) T_BACT QN WHICH WELL WILL SE LOCATED Owner: W/it4.0, Flo( No, of acres Will this he the only well on this tract? yfs + 4 1 4-- + 1 (8) PROPOSED CASING PROGRAM Plain Casing S" in from • ft to kJ o ft in from ft. to ,. __..- ft. Perforated casing in from �O� ft to i2D`ft, �`_.. in. front ft to_—,., ft WATF F FOUIVALENTS TABt F (Bounded Figures) Ark acre•foot covers 1 acre of leind 1 foot deep 1 cubic foot per second Ms) ... 449 gallons per minute (gpml A family of 5 will rei)uire approximately 1 acre•foot of water per year. 1 Acre-foot ... 43,560 cu)ec feet ... 325,900 gallpnt., 1,000 grim pimped continuously for onc day produces 4.42 acre'fect. (9) FOR REPLACEMENT WELLSyivedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GRQQND WATER WILL BE USED: Owner(s)! 1-11-444,41 L1L Od A _ No. of acres: Legal description: ('e I -e/%+ A (11) (2LTAILED DESCRIPTIQ, of the use of ground water; Household use and domestic wells must indicate type of disposal system to be used. DAA Fer ., r, , / ' , 12440 sr .4,tv 4A03#42_562f (12) f�f.S�_St�1�/1J1 r�I• used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right p, / Used for (purpose) Description oflandon which used kykatee Qr ►✓ / �fUf fr�/� Frit%- (2)120",N)(MGig' (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE T9 THE BEST OF ITIS I rNtWLEDGE. SIGMA rt. APPL {CANT(S) tJse additional sheets of paper if more space is required. M00-29-1995 3-1995 11: 2S FROM WRIGHT WATER GL 4 JD -PGE. TO 9454026 F.01 LOU MEMORANDUM TO: Bill Flood 4339 County Rd. 117, Glenwood Spgs. Lou Trapani FAX: 945-4026 FROM: Bill Loran, DATE: November 28, 1995 RE: Flood Water Right for proposed lot split The Floods have applied for a well permit from the State Engineer's Office for the Flood Weil #2 for the Flood exemption. It has been denied, as expected. An application to the water court (95CW115) has been submitted for a 1995 water right for this well. The Floods hold two water contracts with the West Divide Water Conservation District. Each is for one acre foot. One is for the Flood #2 well to serve the Flood lot split. The West Divide District has submitted a water augmentation plan to the water court (94CW344) to provide West Divide contract holders with water rights to divert water out of priority. Since the West Divide augmentation plan is not yet decreed, the District has applied for, and obtained, a substitute water supply plan which acts as a temporary augmentation plan with certain restrictions. Neither of the Flood wells are covered in the substitute water supply plan. I am confident that the West Divide augmentation plan will be decreed and provide an adequate "legal" water supply for the Flood exemption. If the Flood well #2 needs to be drilled and used soon, I suggest you consider asking the West Divide District to amend their substitute water supply plan to include it. Another option, if needed, is to request the county to conditionally approve the lot split pending the court approval of the West Divide augmentation plan. If you need any legal interpretation on the matter, I suggest you call Scott Balcomb, who is water counsel for West Divide on these matters. nIa' tj4 ii t41._ 9h!kirk • Ydlf i�i'1 DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of the State Engineer Department of Natural Resources 50633 U.S. Hwy 6 & 24 P.O. Box 396 Glenwood Springs, CO 81602 Phone (303) 945-5665 FAX (303) 945-8741 Sherry A. Caloia Leavenworth & Caloia, P.C. P 0 Drawer 2030 Glenwood Springs, CO 81602 Dear Sherry: 1.1i 1,1 ip. STATE OF COLORADO ,i; t.:1‹: August 25, 1994 Roy Romer Governor lames 5. Eochhead Executive Director flat D. Simpson State Engineer Orlyn J. Hell Division Engineer By this letter to you I am in effect notifying the Board of County Commission- ers of Garfield County of the temporary acceptability of your client's (Greenwald) substitute supply plan (copy attached) for augmentation replacement in Four Mile Creek in lieu of the storage as required in Table 2 of Case No. 93CW051. A universal type augmentation coverage such as West Divide is offering through 7/25/1995 will be preferable if details can be worked out on a permanent basis. If that should occur, then the storage augmentation sources from 93CW051 will have to be modified by decree. OJB/nch Sincerely, 0 Orlyn J. I3e11 Division Engineer Enc: WDWCD Substitute Supply Plan for Four Mile Creek ��flll tl�a 141. IIItiTER RES. ILL : JUJ—Ubb—JJU'J Jdn 1 1 J:) '( . JiI I iU U 1 J STATh OF C0L01AD0 OFFICE OF 111E STATE ENGINFFIt Division uI Water Resources Department nI Natural Resources 1 Shelman Strom, hnn,n 010 1) ..nvnr, C.nloodu 00:(11 Phnne 13011 IIt,(v 1501 FAX 111111 31.'09 January 11, 1995 Mr. Dave Michaelson Oarlletcl County Building and Planning 100 81h Street, Sullo 303 Glenwood Springs, CO 01601 RE: Springrldgo Place, Proliminr;Iry Phan Sections 10, 11, and 15, T 7 S, Fi 09 W, Glh P.M. Wator Division 5, Wator District 30 Roy Rumor Guveinur Iamcs S. lactim„ Ext culivc Ui, lr Nal 17. Simpson SII Engineer Dear Dave: Thank you for the rolorral for the abovo reforonced subdivision oullinod In the Prollminary Plan Submittal by Hronnor I-larr P. C., dalod Novombor 30, 1904. This proposal (identified as Phase II) will create 132 single-family lots on approximatoly 555 acros. Tho proposed water supply for this development appears to ho provided by two walls that will operate, pursuant to a substitute water supply plan issued to the West Divide Water Conservancy District for the Four Mlle Crook area. According to Information In the submittal, tho applicant has driltod a woll which has been tasted al 100 gpm. This woll supplies water to a 150,000 gallon storage tank that has boort slzod to meet the noeds of the existing phaso of Springrldgo and the next phase. Prior to cornmencement of Phase, I1, anothor 150,000 gallon tank will bo built and another well drilled to provide backup capablllllns, Basod upon Information in the submittal, ilio State Englnoor's Offico offors the following opinion pursuant to Section 30-20-136(h)(I), C.Fi.S., for your consldoration regarding matorlal iniury to decrood wator rights and tho adequacy of tho proposed water supply: This ottice previously c011)1ne1)10d on this clovelopmont In two totters to Oat flold County dated May 4, 1094 and August 10, 1094 (copies onclosed). Our comments from those totters apply as follows: 1. The substitute wator supply plan issued 10 tho Wost Divtclo Water Consorvancy District for the Four Milo Crook drainage was granted to allow existing Junior water users to continuo to divott In the event that a senior water right placed a call on Four Mile Crook. The plan was issued on an emergency basis for existing development and was not Intended as a water supply for new development, -1-his plan was not approved as tho source of water for now water users al 1110 Springridgo Subdivision. ! • I111:ITER RE:, . Mr, nave Michaelson Jnnuary 11, 1005 TEL:303-866-3589 Jan 11 95 17:35 No.013 P Page 2 Information In the proliminary plan submittal for Springrldge Placo (undor 1ho "Domestic Wator" section) Incllcato3 that the Four Mlle substitute water supply plan Is providing augmontatlon wator for tho first phase of Springrlclgo. Our records Indicate ,at the Springrldge Development Phase I Is not operating under tho substitute water supply plan. Phase 1 Is currently being suppliod by Sprindridgo Well W1, pormIt no. 43086-F. This permit was issued only pursuant to the pion for augrnonlatlon ciocreed for Phaso I In case 03CW051, and not pursuant to the Four Milo substitute wator supply plan. This plan for nal Judicial Isal validto Wntor CourtO 23 rIUlroqulrily od boloronPhase Ils in i can be servo(' pursuant JucJlclal approval frortl 10 this decree. 2. The rosults of a pumping Lost on >pringridge Woll /11 was providoci Indicating that the wall producod approximutoly 10n gallons por minuto during tho lost. At this sustainod flow rate and with appropriate storage capacity, It appears that the woll can adequately supply the proposed uses. Ploaso nolo that the long term adoquacy of any ground water source may bo subject to fluctuation duo to hydrological and climatic trends, II Is our opinion that tho proposod water supply appoars adequato; howovor, materlal lnJury to docrood wator rights may occur if divorslons are made without a court approved plan for augmentation. Tho tiling of a plan for augmentation and tho subsoquonl Judicial rovlow and final decree should provide adoquate terns and Iimltations to protect clocroed wator rights. Should you have further quostlons or commonts regarding the water supply tor this proloci, ploaso contact this office at tho above address. Slncoroiy, Jeff Deatherage Wator Hesources Engineer cc: Orlyrt Boll, DIvislon Englnoer Joo Bergqulsl, Wator Commissioner Stove Lautenschiagor, Assistant Stato Fnglneor springrlddo,stib (J' • STATE OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Deriver, Colorado 80203 Phone (303) 866-3581 fAX (303) 866-3589 July 31, 1995 Mr. Scott Balcomb Delaney & Balcomb, P.C. Drawer 790 Glenwood Springs, CO 81602 AUG 0 t 1995 n� ijt.sl���.�rrs ( • 'J Pr *=.:LD oc ...04-ry •• DO RE: Four Mile Creek Substitute Water Supply Plan Township 7 South, Range 89 West, 6th Principal Meridian Water Division 5, Water District 38, Garfield County Dear Scott: * 1876 Roy Romer 'Governor lames S. for hhead Executive Director Hal D. Simpson State Engineer We have received your request to extend and modify the Four Mile Creek Substitute Water Supply Plan on behalf of the West Divide Water Conservancy District (District). The plan approved last year allowed existing diversions to be replaced by 0.1 cfs from the Four Mile Ditch and 20 acre-feet each from Hughes and Ruedi Reservoirs. This modification requests the inclusion of two proposed subdivisions: Springridge Place and Springridge, Filing I. The modification and extension proposes to replace diversions and depletions from the District's allottees within the Fourmile Creek drainage with the historic consumptive use associated with a 25% interest in the Atkinson Ditch, and contracts for storage water from Hughes, Ruedi, and Green Mtn. Reservoirs . The District has also obtained a contract with the one of the owners of the Four Mile Ditch to reduce its call by by 0.50 cfs. The owners are to be financally compensated for diversions not taken. It is our understanding that the District has filed in the water court, Case No. 94CW344, to adjudicate components of this plan as a formal augmentation plan. The immediate goal is to provide domestic and municipal water rights to support about 500 housing units. The extension of the substitute water supply plan for existing diversions only is hereby approved pursuant to C.R.S. 37-80-120, subject to the conditions presented below. 1. An executed water allotment contract specifically identifying the District's allottees under this plan, along with a water diversion accounting sheet, and a map locating the subject diversion structure shall be submitted to this office by October 30, 1995. The District shall notify this office, the Division Engineer, and the Water Commissioner (Joe Bergquist, P.O. Box 404, Snowmass, CO 81654, 927-4234, of all non -renewals or contract cancellations of the District's Four Mile contractees. The accounting shall include a report identifying each allottee by name, address and well permit number (if Mr. Scott Balcomb Page 2 • • July 31, 1995 applicable), structure name, location, quantity of water allocated, and a monthly diversion schedule. Any restrictions of the use of the diversion structures shall also be indicated. 2. This plan shall only cover diversions from existing structures. Only those uses previously permitted or historically used and confirmed by the Water Commissioner shall be allowed under this plan. 3. Out -of -priority diversions of the District's allottees covered by this plan shall be replaced with diversions and subsequent consumptive use associated with the dry -up of land under the Atkinson Ditch. Consumptive use shall be limited to the 100 acre-feet contracted by the District from the Greenwald Irrevocable Children's Trust. Provided the water is in -priority and physically available at the Atkinson Ditch headgate the following consumptivq use credits shall be available for each acre deemed dried-up. Month Unit Consumptive Use Credit* Acre-feet/acre April 0.06 May 0.38 June 0.48 July 0.45 August 0.29 September 0.25 October 0.08 *Based upon the consurnptive use credits decreed in Case No. 93CW51 for the Atkinson Ditch. As provided in Case 93CW51, for each one acre to be dried up, 0.02 cfs of the flow rate of the Atkinson Ditch shall be bypassed or released at the headgate of the Atkinson Ditch. The District, before March 31st of each year, shall declare to Division Engineer and the Water Commissioner the number of acres to be removed from irrigation for that year and provide the number of consumptive use credits potentially available. 4. Releases from Hughes, Ruedi, and Green Mtn. Reservoirs, equivalent to 100% of the out - of -priority diversions covered by this plan, will be made at the discretion of the Division Engineer to offset calls from the mainstem of the Colorado River. 5. This plan shall operate only when the Division Engineer determines that intervening water rights will not be injured by this plan. 6. Adequate flow measuring devices and staff gages shall be installed to the satisfaction of the Division Engineer on all structures operating under this plan. =,. Mr. Scott Balcornb July 31, 1995 Page 3 7. In accordance with amendment to C.R.S. 25-8-202(7) and Senate Bill 89-181 Rules and Regulations adopted February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use of senior appropriators. As such, water quality data or analysis related to this, plan may be requested at any time to determine if the water quality has affected downstream water users. 8. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of the operation of this plan. 9. Acceptance of these conditions must be made in writing to this office, the. Division Engineer and the Water Commissioner by August 31, 1995. 10. This approval is valid until November 1, 1997, and becomes effective upon receipt of written acceptance of these terms and conditions and upon receipt of the information requested above. Approval of this plan does not imply a position by this office regarding the litigation in Case No. 94CW344. Should you have further questions regarding this plan, please contact Orlyn Bell in Glenwood Springs at (970) 945-5665, or David Fox in Denver at (303) 866- 3581. Sincerely, Hal D. Simpson' State Engineer HDS/JTS:fourrnlle.ssp cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner Steve Lautenschlager ROBERT DELANEY KENNETH BALCOMB • (OF COUNSEL) JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN ROBERT M. NOONE TIMOTHY A. THULSON LORI J.M. SATTERFIELD EDWARD B. OLSZEWSKI • • DELANEY 8C BALCOMB, P. G. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81002 October 6, 1995 David E. Hoefer Garfield County Attorney's Office 109 8th Street, Suite 300 Glenwood Springs, CO 81601 818 COLORADO AVENUE TELEPHONE 945-6548 TELECOPIER 945-8902 AREA CODE 970 Dear David: You were correct in presuming in your September 28 letter that an oversight had occurred in my September 18 letter. I did not notice that the copy I mailed you was a year out of date. I then contacted Russell George who realized that apparently West Divide had not "officially" responded to the State Engineer's July 31 letter. Russell thereupon immediately made the response. I enclose a copy of Russell's response on behalf of the District dated August 31 accepting the conditions. We certainly have no problem with the Second Amended Subdivision Improvements Agreement. It seems like a lot of trouble to go to under the circumstances. Please advise. Very truly yours, DELANEY &BALCOMB, P.C. By SB:pc Encl. xc: Pat Fitzgerald w/encls. Scott Balcomb SEP -27-1995 09:57 FRUM SIUVER & GEORGE P.C. TO 94d9i2 P.132 • • WEST DIVIDE WATER CONSERVANCY DISTRICT P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 576-2821 Kelly Couey 4745 C.R. 315 Slit, CO 81652 Vice President Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Treasurer LaVerne Starbuck 3106 C. R. 342 Silt, CO 61652 austeryigater manager 625.1887 Russell George, Attorney Stever & George, P.C. D. o. Ras 907 Rifje, CO 61650 board of Oiroctor3 Kelly Coffey 4745 C. R. 313 Silt, CO 81652 William M. lila 0090 Sunlight Dr. Glenwood Springs. CO 61601 LaVerne Starbuct 3106 C.1. 342 Slit, CO 81652 1002 Cooper Ave. Glenwood Springs. CO 81601 Samuel 6. Potter 0598 C.R. 323 Rifle. 03 61650 August 31, 1995 Mr, Hal D: Simpson, State Engineer Division. of Water Resources 1313 Sherman Street; Roma 618 Denver, CO 80203 Orlvn Bell, Division Engineer Division, of Water Resources P.O. Bcx 396 Glenwood Springs, CO 81601 Re: Four Mile Creek Substitute Water Supply Plan Water Division No. 5, Water District No. 38 Garfield County, Colorado Gentlemen: On July 31, 1995, Hal D. Simpson, State Engineer, wrote co Scott Balcomb as attorney for West Divide Water Conservancy District ,setting forth the conditions for approval pursuant to C.R.S., 37-80-120 of an extension, of the Four Mile Creek Substitute Water Supply Pian. The conditions set forth in that letter are acceptable to West Divide Water Conservancy District. since e1y your$, ye - RUSSELL GEORGE Attorney and Water Manager for West Divide Water Conservancy District TOTAL P.02 • • BEFORE THE STATE ENGINEER, STATE OF COLORADO Case No. 95 -SE -16 MOTION TO REVOKE AND RESCIND ALLOWANCE FOR INCLUSION OF UNDEVELOPED LOTS INTO WEST DIVIDE WATER CONSERVANCY DISTRICT SUBSTITUTE WATER SUPPLY PLAN FOR FOUR MILE CREEK IN THE MATTER OF A REQUEST BY RAY WALKER ET AL TO REVOKE WEST DIVIDE WATER CONSERVANCY DISTRICT SUBSTITUTE WATER SUPPLY PLAN, FOR FOUR MILE CREEK IN GARFIELD COUNTY, COLORADO COMES NOW, Objectors Ray D. Walker and James P. Mahan, Jr. and hereby request that the State Engineer's allowance of the undeveloped lots in Springridge Subdivision, Filing 1 into West Divide Water Conservancy District Substitute Water Supply Plan for Four Mile Creek in Garfield County, Colorado, (hereinafter PLAN) be revoked and rescinded immediately. As grounds therefore, the Objectors state as follows: 1. On October 25, 1995, Reiner G. Haubold, Hearing Officer in this matter issued an ORDER for a prehearing conference in this matter for 10:00 a.m., on Tuesday, December 12, 1995, and that the provisions of the APA apply and a hearing is required before a license can be revoked. 2. On November 3, 1995, without notice to any other parties in this matter, Hal D. Simpson, State Engineer wrote a letter to Scott Balcomb, attorney for West Divide Water Conservancy District and allowed the inclusion of the undeveloped lots in Springridge Subdivision, Filing 1 into said PLAN. 3. Pursuant to the Adjudicatory Procedures Item J(13) [there are two J(13)'s] on page 21 of the Code of Colorado Regulations, "No ex parte communications with or by the state engineer may occur during the pendency of an adjudicatory proceeding, but the State Engineer by letter, a copy to all parties, may request that certain information be provided to him or that certain tasks shall be performed." • • 4. The State Engineer has personally (he states "I" in his letter to Mr. Balcomb of November 3, 1995) violated the ex parte communication rule and has reversed his office's earlier decisions of May 4, 1994, August 10, 1994 and January 11, 1995, which allowed only existing junior water users to continue to divert via the PLAN. The January 11, 1995 letter from Jeff Deatherage of the State Engineer's Office to Garfield County Building and Planning stated: 1. "The substitute water supply plan issued to the West Divide Water Conservancy District for the Four Mile Creek drainage was granted to allow existing junior water users to continue to divert in the event that a senior water right placed a call on Four Mile Creek.. The plan was issued on an emergency basis for existing development and was not intended as a water supply for new development. This plan was not approved as the source of water for new water users at the Springridge Subdivision." 5. Pursuant to the Adjudicatory Procedures Rule J(5), Every party to the proceeding shall have the right to present its case or defense by oral and documentary evidence and to submit rebuttal evidence and to conduct such cross examination as may be required for a full and true disclosure of the facts. The November 3, 1995, decision by the State Engineer denied the objectors their rights as provided in the Code of Colorado Regulations. 6. The July 31, 1995 extension of the PLAN for existing diversions only was approved pursuant to C.R.S. 37-80-120 subject to certain conditions, the first two of which are: 1. An executed water allotment contract specifically identifying the District's allottees under this plan, along with a water diversion accounting sheet, and a map locating the subject diversion structure shall be submitted to this office by October 30, 1995. The District shall notify this office, the Division Engineer, and the Water Commissioner (Joe Bergquist, P.o. Box 404, Snowmass, CO 81654 927-4234. of all non -renewals or contract cancellations of the District's Four Mile Contractees. The accounting shall include a report identifying each allottee by name, address and well permit number (if applicable, structure name, location, quantity of water allocated and a monthly diversion schedule Any restrictions of the use of the diversion structures shall also be indicated. 2. This PLAN shall only cover diversions from existing structures. Only those uses previously permitted or historically used an confirmed by the Water Commissioner shall be allowed under this plan. As of November 6, 1995, the District had not complied with the October 30, 1995 deadline for filing the required information with the Division Engineer. Alan Martellaro, Assistant. Division Engineer was contacted personally by Objector Ray D. Walker and Mr. Martellaro confirmed that the Division Engineer's office had not received the required information. 7. The original PLAN of July 29, 1994, of which the July 31, 1995, PLAN is an extension, provided that all wells included in this plan must obtain a new well permit pursuant to Section 37-90-137(2) C.R.S. authorizing operation under this plan. As of November 6, 1995, Mr. Dwight Whitehead of the Division Engineer's Office was unaware of a request by the District for a new well permit for Springridge Subdivision Filing 1 pursuant to Section 37-90-137(2) C.R.S. authorizing operation under the PLAN. The aforementioned letter of January 11, 1995 from Deatherage to Garfield County Planning stated: "Our records indicate that the Springridge Development Phase 1 is not operating under the substitute water supply plan. Phase 1 is currently being supplied by Springridge Well No. 1, Permit No. 43086-F. This permit was issued only pursuant to the plan for augmentation decreed for Phase 1 in Case 93CW51, and not pursuant to the Four Mile, Substitute Water Supply Plan"... 8. On December 23, 1993, the State Engineer's Office issued Well Permit Number 043086F for Springridge Well No. 1 on the condition that the well be operated in accordance with the Greenwald Children's Irrevocable Trust Augmentation Plan approved by the Division 5 Water Court in Case No. 93CW51. To date the augmentation pond and other structures assured in Case No. 93CW51 have not been constructed. As provided by the well permit, since the well is not operated in accordance with the terms of said decree, it should be subject to administration by the State Engineer and ordered to cease diverting water. WHEREFORE, the Objectors respectfully request that the Hearing Officer order the State Engineer to rescind his November 3, 1995 ex parte communication allowing the inclusion of the undeveloped lots in Springridge Subdivision Filing 1 into the PLAN. J17/ )(-- 74, 7 K'/ Ray D. Walker J.mes P. Mahon- Jr. 3125 Hwy 13 Rifle, CO 81650 (970) 625-3260 P O. Box 1821 lenwood Springs, CO (970) 945-0319 81602 • • CERTIFICATE OF SERVICE This is to certify that I have duly served the within MOTION TO REVOKE ANL) RESCIND upon all parties herein by depositing copies of same in the United States mail, postage prepaid, at Glenwood Springs, CO, this 6th day of November, 1995, addressed as follows: Reiner Haubold, Hearing Officer Scott Balcomb, Esq. 1313 Sherman Street Lori Satterfield, Esq. Denver, CO 80203 P.O. Drawer 790 Glenwood Springs, CO 81602 Billie G. Burchfield, Esq. 802 Grand Avenue, Suite 305 Glenwood g. ings Peter Fahmy, Esq. Assistant Attorney General 1525 Sherman Street, 5th Floor Denver, CO 80203 • WADER RES. 1E4303-866-3589 Nov 00,5 8:55 No.001 P.02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (3031 066-3581 FAX (303) 866.3589 Mr. Scott Balcomb Delaney & Balcomb, P.C. Drawer 790 Glenwood Springs, CO 81602 November 3, 1995 RE: Four Mlle Creek Substitute Water Supply Plan Township 7 South, Range 89 West, 6th Principal Meridian Water Division 5, Water District 38, Garfield County Dear Scott wry ktxilvt wino( tame. S todt>fd Cseculira I)irrctor 11x1 D. Gmp..n 'AMC Crfltir yr We have received your correspondence of October 13, 1995 requesting inclusion of the undeveloped Tots in the Springridge Subdivision Filing I (Springridge) into the substitute supply plan approved by this office on July 31, 1995 for the West Divide Water Conservancy District. As explained, a decreed augmentation plan was approved by the water court, Case No. 93CW051, as the water supply for Springridge. Prior to the construction of the augmentation pond required in that case, West Divide proposed its Fourmile Creek substitute supply plan and subsequently filed an augmentation plan in water court, Case No. 134CW344. Springridge believes that inclusion of its water supply into Case No. 94CW344 os a reasonable alternative to the construction of the pond. In lieu of constructing the pond, Springridge posted a $75,000 bond with Garfield County to ensure the construction of the pond in the event it was required. Springridge is proposing to extend its bond obligation with Garfield County until West Divide's permanent augmentation plan, Case No. 94CW344, is decreed and obtain its water supply under the terms and conditions of West Divide's substitute supply plan. I will allow the inclusion of the undeveloped Tots in .Springridge Subdivision, Filing 1, into West Divide's substitute supply plan, provided Springridge extends its $75,000 bond obligation with Garfield County until Case No. 94CW344, Water Division 5, is approved by the water court. In the event that Case No. 94CW344 is not decreed, Springridge will construct the augmentation pond as required in Case No. 93CW051, Water Division 5. If you have any questions or comments, please contact David Fox at this office. Sincerely, Hal D. Simpson State Engineer HDS/DF/df cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Comrnissioner Mark Bean, Garfield County Planning GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT i.' 1723 Owner System Location ktl/4, if -j00 /) This does not constitute a building or use permit. 7T� Licensed Installer Conditional Construction approval is hereby granted for a gallon Septic Tank or Aerated treatment unit. ('PVL^_KI n, Absorption area (or dispersal area) computed as follows: Perc rate of one inch in ^ (p minutes requires a minimum of sq ft of absorption area per bedroom. �- Therefore the no. of bedrooms x ;7sq ft minimum requirement = a total of lit 3 q ft of absorption area. 7'f,/E' C /!, /4/4 L VS E71// kV/ S //V 5 4 L L E b /'k / u k 5 ,D $ May we suggest: A -'L 7 /o/V S , f4/�' 7',/�/Ek' EF OJP� T �,/ C-CC,J ' r 7.7/4 T T%9F Cif /5T/it/G ,<%Cs5T/D// "e-) Fri S. <./A/Z) T/7 =�, 5 �j Ins ector Date /s - 6 C; sa) A__7 LF 4 /-/ ,to/s_I.?¢'X.35 !yi b 2'ej, e l= FINAL APPROVAL OF No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled sy tem is approved prior to cover- ing any part. X/ST 1<.-- Septic Tank access f inspection and cleaning within 12" of ground surface or aerated access ports above ground it surface. Proper materials and assembly. . Trade name of septic tank or aerated treatment unit. -J/ Adequate absorption (or dispersal) area. 74 U� Adequate compliance with permit requirements. -'ll� Adequate compliance with County and State regulations/requirements. Other Date / /-4// 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 ✓, . /01/17. ADDRESS W3 3 Co /2,/ //7 PHONE* c L' c� Z_ CONTRACTOR 1/.e /P_ I- S ADDRESS �> PHONE ?"24-c--- 7 Application Approval by County Official: T:17_ PERMIT REQUEST FOR: ( ) New Installation (X) Alteration ( ) Repair 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 ,/ / Near what City of Town �����w=� ��'%- Lot Size c) c�c_ Legal Description 3 7 / // 7 / / WASTES TYPE: (..--) Dwelling ( ) Commercial or Institutional ( ) Non-domestic Wastes ( ) Other - Describe BUILDING OR SERVICE TYPE: /,% o� Oma- ~D"'C�` �1 t r�c�� ✓ Number of bedrooms Cij ,z Number of persons 2 ( ) Garbage grinder ( ) Automatic washer ( ) Dishwasher Ale, b e 0 7 71/i e rc SOURCE AND TYPE OF WATER SUPPLY: ( X) well ( ) spring ( ) stream or creek ( ) Transient Use Give depth of all wells within 180 feet of system: c_J - If supplied by community water, give GROUND CONDITIONS: Depth to bedrock: name or supplier: Depth to first Ground Water Table: r_J;-� A7-1,1 u Percent ground slope: / DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: 2 Was an effort made to connect to community system? �1 TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: ( 4 Septic Tank ( ) Vault Privy ( ) Pit Privy ( ) Chemical Toilet FINAL DISPOSAL BY: (4 Absorption Trench, Bed or Pit ( ) Underground Dispersal ( ) Above Ground Dispersal ( ) Other - Describe: ) Aeration Plant ) Composting Toilet ) Incineration Toilet ) Other - Describe: ( ) Vault ( ) Recycling, potable use ( ) Recycling, other use ( ) Evapotranspiration ( ) Sand Filter ( ) Wastewater Pond WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? ///,7 Page 2 • SOhL PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer.) Minutes per inch in hole No. 1 Minutes per inch in hole No. 3 Minutes per inch in hole No. 2 Minutes per inch in hole No. Nance, address and telephone of RPE who made soil absorption tests: Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further under- stand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for per- jury as provided by law. Date Signed PLEASE DRAW AND ACCURATE MAP TO YOUR PROPERTY Page 3 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. rdo��e�vv`Jc!I-�/o'' cp � 0e- R) Y;tis ser 51 � nJ o"l a l e, a t,,), l i _o s ct 3 Ofw/Iin€ 4.0 e yes t� 7ra -,k A 2 w) C' [ea 1 Page 4 Nor-F!flQ eco ► of ex �s-s` /le eXis /1 :7_, Sy57IP Srff:c- 1m 757 /ea cGj/ - / 7 i GARFIF�I•D ,UNTY DEPAR`iAENT OF ENVIORNMEN'i , IIEALTH 805 FTPI IN AVENUE GLII COD SPRINGS, COLORADO 945-661.4 • PROCEDURE FOR RUNNING PERCULATION TEST AND OBTAINING FINAL INSPECTION OF SEWAGE DISPOSAL SYSTEMS 1, After making application for a permit, rake arrangements with the Sanitarian to run the porculation test J48 hours in advance of tho test, 2. Dig a halo 6 to 12 inches in diameter in the area of the purposed leaching system and to tho depth that the purposed system is to be. Two and a half to three feet is the minimum depth. 3. Presoak the hole for 24 hours before tho test is to bo run. lt. Leave 5 gallons of water at the test hole site, and mark the holo. 5. When perculation test has bean run and the size of the system doterminoda your copy of the application will be left on the site, 6, When tho system has been installed and is ready to be covered, call for the final inspection. DO NOT COVER ANY PART OF THE SYSTEI'I WITHOUT FINAL INSPECTIOII. IinaadPr, •••..,••••••••••••••••••••••••••• ....,,VarrNe4••••• ••••••••• ••••• •••• • ••••• p 1 I • • \.•• • A ,•• s • ), r• 4, • , • . ..• _.:•. 1.101.•1•...P •••••••1411....'. ';'••''strU '• • .••••‘11.'010- .0% .; .r.n 1 • ; ; • t •wor o• • A... .0 ••• .••• s • lo .••••••• •••••••••••••••,..... •••••••• • ••• • vw. So. 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I. •••••• r •.• ••••• • • (i .4. •••:0 .••••• .'1•••••••••./.01.:•.1.•••• ••••••• • k• de., 10 •.••• • • 0. •• •10'...••••••1•0:. 1....0••••••• • 1 •••.:••••••••••••••• 4 I " ("4•,?" .. • . 1 ie.,' „ • „, „, ,..., . , ., . ,., ,•-• _ .......!' ./.•.,. 1.:, ".-7. ....• ./y/ 4 l'. ‘I' •t''' Y I `•;•• •., , ..-' -;;•••-, 't ..• / ,..t .. "‘.. , ; u .— "' • ", • \•' .., 1, 1' \.' t ,, , ,. --).-- - •• • / 4. / i . 4. i ••- ''' • / • ,... • ' ' ' s.).C. \ ‘'r. >•.., I''. \ •(•*".",0 •• ...#'" i 4 4.0 •• 4 ..f.‘••• • ..• " 0 ‘..• ., •,..( ,i ••••,, ...... . " .,.."'", `... 1 i' :e" i' ' '':' ' • ' '' / i ) ' \ I i.:....:"......,!.... ...• '.. .....'..-::' . .....ef .,-._....... ..,.............$ .. 1 , •:, 4, , i • •... . 1, 1 .' ••• tt i1i 11 .1,‘,.„..... 1 • c.•11t iP,...' tI . • . • . • 5, • , •.:.;.; • 1. • ,:•• ' , ' • / • ••• ” • • e, .; • 7 • , ' •• • ••• william 1. flood and nancy c. flood ph.d 4339 117 road glenwood springs colorado 81601 phone: 970-945-0909 fax: 970-928-9722 email: wflood@playtools.com WASTE DISPOSAL WILL BE VIA INDIVIDUAL NON -EVAPORATIVE SEPTIC SYSTEM SOIL PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer.) Minutes Minutes per inch in hole No. 1 per inch in hole No. 2 Minutes Minutes Name, address and telephone of RPE who made soil absorption tests: per inch in hole No. 3 per inch in hole No. Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further under- stand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for per- jury as provided by law. Date Signed PLEASE DRAW AND ACCURATE MAP TO YOUR PROPERTY Page 3