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Home My WebLink About1.0 ApplicationB,RE THE BOARD OF COUNTY •MISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant 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 Dan Kerst respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 9.26 acre tract of land into 2 tracts of approximately 6.0 and 3.26 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: See letter submitted herewith. to 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 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; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of 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 fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and 11, 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 p-rcel as it existed on January 1, 1973. J. A $100.00 fee must be submitted wit•0',011111;' cation. tioner 302 S7`, Mailing Ad ess C t� y. CP yy Telephone Number Ma/ State SKETCH MAP Access Easement 6400% 6 6370 6:3601 350 • G.) 6: 3/C 63 11' � 2-c' 332 A parcel of land situated in Lot 13 of Section 10, Township 7 South, Range 88 West of the 6th P.M., lying northerly of the southerly line of said Section 10 and southerly of the southerly right of way line of a County Road as constructed and in place, being County Road No. 113, said parcel of land is described as follows: Beginning at a point on the southerly line of said Section 10 whence the Section Corner common to Sections 9, 10, 15, and 16 in said township and range bears: N. 83°10'43" W. 722.43 feet; thence N. 1175.28 feet to a point on the southerly right of way line of said road; thence N. 87°40'00" E. 85.26 feet along said right of way line; thence N. 84'03'25" E. 130.39 feet along said right of way line; thence S. 13°42'20" E. 693.77 feet; thence S. 00°02'32" E. 563.65 feet to a point on the southerly line of said Section 10; thence N. 83°10'43" W. along the southerly line of said Section 10, 382.38 feet to the point of beginning. (>, 107°15' . GEOLOGICAL SURV Y ,,. 39°30' �7� 43730030 N. 4372 4371 d uck 32 7», 6923 \\il \ I/ 1 ` _' _ 6925 II I3 69 VICINITY MAP E N Wi)i-,1.' .`,: •V \ • 28 io 72/5 33 I 0 1/ r II I /1 11 11 II 6938 6935 II ) 7355 O O 173251 U \\ \ \ 1 1 \ .,' \- / > / r J r %"y /0 II ' /1 DE.I — 7, 1 II 111 vC'J 068 4310 — 27'30" 66n 400 _ r � 6 66t79 _ .6400 6636 20� r/ v 7/70 7067r a 0 1 r \\\ 6078 \ 1 -c-) \� oO I o 0 I '9Z F 6800 X66/0 1 N 74,.• JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER, III SCHENK, KERST & DEWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDING SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (303) 945-2447 TELECOPIER: (303) 945-2977 April 13, 1989 Board of County Commissioners Garfield County 109 Eighth Street Glenwood Springs, CO 81601 RE: PETITION FOR SUBDIVISION EXEMPTION Dear Commissioners: I submit herewith a Petition for Exemption from subdivision the division of the referenced 9.26 acre tract into two lots as shown on the enclosed sketch map. The 9.26 acre parcel which is the subject of this petition is one of three lots previously created by exemption of the division of the 36.1 acre tract shown on the sketch map. The 36.1 acre tract was created in May, 1972, by virtue of George J. Petre's Deed (copy enclosed) to Albert L. Carsten, Jr., and Doretta L. Carsten of the 5.88 acre tract, which is contiguous to the easterly boundary of the subject parcel. Accordingly, the 36.1 acre tract existed on January 1, 1973, and three lots have previously been created therefrom. By this petition, I am asking to create a fourth parcel from the 36.1 acre tract, which is not a part of a recorded subdivision. As to the remaining criteria for the exemption, you are advised as follows: Water: I have confirmed with the Colorado Division of Water Resources that each of the proposed lots will receive an in-house use only well permit. However, I am unable to apply for the well permits until creation of the lots. The proposed lots have shares in the Sheaffer Ditch Company, which has senior irrigation water rights to provide irrigation water for both parcels. Sewage Disposal: Each lot will be served by a septic system approved by the County. Fire Protection: The property is in the Carbondale Rural Fire Protection District. A letter from the District will be submitted to supplement this petition. I also submit herewith my $100.00 check in payment of the application fee. Your favorable consideration of this request will be appreciated. DK/jj Enclosure • • CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 MEADOWOOD DR. CARBONDALE COLORADO 81623 303-963-2491 APRIL 13, 1989 MR. GLEN HARTMAN GARFIELD COUNTY PLANNER 109 8TH ST . GLENWOOD SPRINGS, COLORADO 81601 DEAR GLEN, THIS IS TO ADVISE YOU THAT THE PROPERTY REPRESENTED ON THE ENCLOSED MAPS AND OWNED BY DAN KERST 15 WITHIN THE, BOUNDARIES OF THE CARBONDALE & RURAL FIRE PROTECTION DISTRICT. IT YOU HAVE ANY QUESTIONS FEEL FREE TO CONTACT ME AT 963-2491. SINCERL Y RON LEACH CARBONDALE & RURAL FIRE PROTECTION DISTRICT CHIEF Kay 18, 1989 Board. of County Commissioners Garfield County Courthouse Suite 301, 109 8th Street Glenwood Springs, CO 81601 1110 Route C3 Arnold C3 Bucke/ fl Marian On Dear Commissioners: RE: Subdivision Exemption Cattle Creek — County Road 113 We, as property owners in the area located approximately three miles east of Highway 82, County Road 113, wish to protest the granting of a subdivision exemption in connection with a 9.26 acre tract into two tracts of approximately 6.0 acres and 3.26 acres in size. The placement of the sign notifying area residents of the public meet— ing was not conspicuous and was not noticed by area residents until after the meeting had taken place. Thus, the reason for this letter at this time. Following are some of the reasons we do not want this request granted: 1. Potential cause of property value decrease in the area. The 9.26 acres is not all usable due to the mountainous terrain of the southern end of the property. Two houses would be built much closer than it sounds. 2. Decrease in quality of lifestyle caused by overcrowding of homes. We have moved out here for the openness — not to create a typical subdivision. 3. The added pressure on our existing water wells from new wells be— ing drilled. 4. If this is granted, what is to stop other residents from doing the same? An immediate response to this matter would be greatly appreciated. Sincerely, I Monty Briddle 3044 C R 113 Carbondale, CO 81623 945-5244 Spokesperson on behalf of the following people: Mr. and Mrs. Rich Martin, 3302 C R 113, Carbondale, CO Mr. and Mrs. Craig Overbeck, 3268 C R 113, Carbondale, CO Mr. and Mrs. Ted Wernsman, 3270 C R 113, Carbondale, CO ROY ROMER Governor • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 May 10, 1989 Mr. Glenn Hartmann Garfield County Department of Building Sanitation and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Mr. Hartmann: JERIS A. DANIELSON State Engineer MAY 151989 Re: Kerst Exemption SW1/4 SW1/4, Sec. 10, T7S, R88W Y We have reviewed the above referenced proposal to divide a 9.26 acre tract into parcels of 6 and 3.26 acres. There appears to be an existing well (Permit No. 115464) on the 9.26 acres. According to the information you telephoned to Mr. Jim McDanold, this 9.26 acre tract was created in 1975 in a three-way split of a 36.1 acre tract which was created in May of 1972. The property is located along Cattle Creek which is considered over -appropriated. The only time this office can consider recommending approval of subdivisions proposing additional exempt wells in an aquifer tributary to an over -appropriated stream is when: (1) only one additional well would be required for in-house use only, (2) there has not been a prior subdivision or exemption associated with the property since May 31, 1972, and (3) there are no conditions on any existing well permits prohibiting the proposed additional well. Such "exemption" proposals are considered on a one-time basis only. All other proposals calling for additional wells require an augmentation plan developed through the Water Court. Since this proposal would be a second split since 1972, we cannot recommend approval. An additional well permit for this tract will not be available from our office. Sincerely, j. Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:2341I cc: Orlyn Bell, Division Engineer Steve Lautenschlager May 18, 1989 Board of County Commissioners Garfield County Courthouse Suite 301, 109 8th Street Glenwood Springs, CO 81601 ey6 Varian X -r - Dear Commissioners: RE: Subdivision Exemption Cattle Creek — County Road 113 We, as property owners in the area located approximately three miles east of Highway 82, County Road 113, wish to protest the granting of a subdivision exemption in connection with a 9.26 acretract into two tracts of approximately 6.0 acres and 3.26 acres in size. The placement of the sign notifying area residents of the public meet— ing was not conspicuous and was not noticed by area residents until after the meeting had taken place. Thus, the reason for this letter at this time. Following are some of the reasons we do not want this request granted: 1. Potential cause of property value decrease in the area. The 9.26 acres is not all usable due to the mountainous terrain of the southern end of the property. Two houses would be built much closer than it sounds. 2. Decrease in quality of lifestyle caused by overcrowding of homes. We have moved out here for the openness — not to create a typical subdivision. 3. The added pressure on our existing water wells from new wells be— ing drilled. 4. If this is granted, what is to stop other residents from doing the same? An immediate response to this matter would be greatly appreciated. Sincerely, Monty Briddle 3044 C R 113 Carbondale, CO 81623 945-5244 Spokesperson on behalf of the following people: Mr. and Mrs. Rich Martin, 3302 C R 113, Carbondale, CO Mr. and Mrs. Craig Overbeck, 3268 C R 113, Carbondale, CO Mr. and Mrs. Ted Wernsman, 3270 C R 113, Carbondale, CO JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER, III • • SCHENK, KERST & DEWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDING SUITE 310. 302 EIGHTH STREET GLENWOOD SPRINGS, COL.OI-aA10 81601 TELEPHONE: (303) 945-2447 TELECOPIER: 1303) 945-2977 November 14, 1989 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Kerst Subdivision Exemption Gentlemen: I enclose herewith a plat for the Kerst Subdivision Exemption. I also enclose a copy of the Referee's Ruling granting a water rights decree for the lots. The spring has been developed and a 1250 gallon storage tank installed to serve the two lots. The tank is designed to allow for the addition of storage as needed for the two lots. The ruling will be made the Decree of the Court if no protest is filed within 20 days of the Referee's Ruling. With regard to a driveway access permit, you are advised that the lots will use the existing common access which serves my previous residence at 2882 Road 113. I have also granted the Ureches an access easement which has eliminated the prior driveway serving their property at 2930 County Road 113. If under the circumstances I need to deal further with the County Road and Bridge Department, please so advise. I also enclose herewith my check in the sum of $200.00 payable to the County for the school impact fee. Let me know if you require anything further to finalize this matter. When you advise me that the plat has been approved, I will provide the necessary funds for recording. Thank you for your attention to this matter. DK/lb Enclosure Kerst P5. .sw/s e- ou ciLeXt c) t- , tl • EXHIBIT A LEGAL DESCRIPTIONS 111 LOT 1:� �D A tract of land situated in Lot 13 of•Section 10,' Township 7 South, Range 88 West of the 6th Principal Meridian, lying northerly of the Southerly boundary line of said Section 10'and1l,H southerly of the Southerly right-of-way line of Garfield County Road No. 113 as built And in place, said parcel of land Is more particularly described as follows: Beginning ata point on the Southerly boundary line of said Section 10 whence the Soutatl, Corner of said Section 10 bears N 83°10'43" W 712.43 feet; thence North 1175.28 feet to'apoint on the Southerly right-of-way line of said County' Road Nd. 113; thence N 87°40'00" E 61;00 feet along said rightuof-way line; thence S 13°58'35" E 650.07 feet; thence S 02°54127"%W570.28 feet to a point on the Southerly boundary line of said Section 10; thence N 83°10'43" W 190.38 feet along said Southerly bound- ary line to the point of beginning, containing 4.63 acres more or less. LOT 2: A tract of land situated in Lot 13 of Section 10, Township 7 South, Range 88 West of the'6th Principal Meridian, lying northerly of the Sdutherly boundary line of said Section 10 a�nd.1, southerly of the Southerly right-of-way line of Garfield County Road No: 113 as built and in place, said tract of land being more particularly described as follows: 41' Beginning ata point on the Southerly boundary line of said Section 10, whence the Southwes +�i Cornerof said Section 10 bears N 83°10'43" W 912.81 feet; thence N 02°5427" E 570,2,E et '.,'i} thence 'N 13°58'35" W 650.07.feet to a oint'on the Southerlyri ht -of -way line'of sa1d�ICo $, P 9 y � 1lyl; Road•No: 113; thence N 87°40'00" E 24.26 feet along,said right-of-way line; thencejN*$3i# 25" E 130.39 feet along' said right-of-way line; thence S 13°42'20" E 693:77 feet; thenceS 0° 02'32" E 563x65 feet to a point on theSdutherly boundary line'of said Section•,1g thenc 'f �3 ° 10'43" W 192.00 feet along said Southerly boundary, line to the point of;beginning, Coilt i i,g f .tt4:63 'acres more or less: i'i �� , , .�,1�I� II},1`I ylr0'; p '7 I i ! 1 ,� I �'is , II:, I�',i41' ISR GARFIELD,COUNTY �,�; ,,� �. r w�1, +iai��t STATE OF COLORADO' i+ I'l ± ;s. s .11 KERST SUBDIVISION EXEMPTION CONDITIONS OF APPROVAL 1. That the following plat notes be included on the Exemption Plat: a) That no further division by exemption from the definition of subdivision will be allowed. b) Each lot may be subject to engineered foundations systems. c) Any development on the site within the 100 year will require compliance with the Garfield County Regulations. 2. That the applicant submit evidence of a each of the proposed tracts, consisting verification acceptable to the Board prior to any formal Resolution creating and septic floodplain Floodplain domestic water source for of well permits or other of County Commissioners the tracts. 3. That the applicant obtain driveway access permits, or a letter stating that permits would be issued, from the County Road and Bridge Department for all new access points onto C.R. 113. 4. That development on the site be limited to the north side of Cattle Creek, due to severe soils limitations and slopes in excess of 30% south of the creek. This limitation shall be noted on the plat through identified building envelopes or plat notes. 5. That the applicant submit 200 in School Impact Fees for the creation of one new lot. 6. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER, III • SCHENK, KERST & DEWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDING SUITE 310, 302 EIGHTH STREET GLENWOOI) SPRINGS, COLORADO 81601 TELEPHONE: (303) 945-2447 TELECOPIER: (3031 945-2977 December 22, 1989 Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 ATTENTION: GLENN HARTMAN RE: KERST SUBDIVISION EXEMPTION Gentlemen: 77:77Th DEC 26 1989 ' l C;ui��i iLiUU"4 i I enclose a copy of the Referee's Ruling which was made the Decree of the Court on December 7, 1989. This should complete the requirements for the subject exemption. Thank you for your assistance in this regard. Yours very truly, ,i1 DAN KERST/ DK/jj Enclosure • • DISTRICT COURT, WATER DIVISION NO. 5, COLORADO CASE NO. 89CW158 RULIN.z OF REFEREE Concerhing the application for water rights of Dan Kerst, Garfield County, Colorado. The above entitled application was filed on July 31, 1989, and was referred to the Water Referee for Water Division No. V, State of Colorado, by the Water Judge of said Court on the 8th day of August, 1989, in accordance with the provisions of Article 92 of Chapter 37, Colorado Revised Statutes, 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 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 and address of the applicant is: Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado, 81601. 3. Timely and adequate notice of filing of this application was given as required by Law. No opposition to this application was filed. 4. The surface water right set forth below has been applied for by the applicant and is to be augmented pursuant to this Ruling; Kerst No. 2 Spring is located in the SW;SW;, Section 10, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, being situated in Lot 13 of said Section 10 at a point whence the Section corner common to Sections 9, 10, 15 and 16 in said Township and Range bears South 67°52'33" West; 1040.70 feet. The source is a spring tributary to Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. The amount claimed is 5 gpm (0.0111 c.f.s.) absolute, for domestic, livestock and irrigation purposes. The date of appropriation is • • June 1, 1989. The appropriation was initiated by diversion of water to beneficial uses claim. The number of acres being irrigated is 0.23 acres. The amount of acres historically irrigated is 0.23 acres. The legal description of the property being irrigated is property located in the SW;SW;, Section 10, Township 7 South, Rana 88 West cif the 6th P_M_ • • June 1, 1989. The appropriation was initiated by diversion of water to beneficial uses claim. The number of acres being irrigated is 0.23 acres. The amount of acres historically irrigated is 0.23 acres. The legal description of the property being irrigated is property located in the SW;SW;, Section 10, 2ownship 7 South, Range 88 West of the 6th P.M. 5. The following water rights are to be used for augmentation: Ditch Park Ditch Park Ditch Park Ditch Park Ditch A. Kerst No. 2 Spring as set forth in Paragraph 4 above. B. The Applicant is the owner of 1.0 acre-foot of historic consumptive use decreed in Case No. 79CW097 (Water Division No. 5). The 1.0 acre-foot of adjudicated historic consumptive use is associated with water rights decreed to the Park Ditch and Reservoir Company. The Park Ditch and Reservoir Company diverts direct flow water rights from Cattle Creek under the following water rights: Decreed Amount 9.0 4.1 1.8 2.0 TABLE I PARK DITCH WATER RIGHTS Decreed Location Priority Sec. 7 No. T7S, R87W 221A 232 221A 232 NW/SW/SE NW/SW/SE NW/SW/SE NW/SW/SE Adjud. Date 06/26/1913 06/09/1916 04/16/1917 09/05/1918 Approp. Date 09/12/1904 07/01/1912 09/12/1904 07/01/1912 Direct flow diversions under the shares in the Park Ditch and Reservoir Company are supplemented by releases from Consolidated Reservoir. This reservoir operates under the following decreed priorities: -2- C. 27 4E 5E Decreed Structure Amount Con. Res. 595.0 AF Con. Res. 285.6 AF Con. Res. 401.0 TABLE II CONSOLIDATED RESERVOIR WATER RIGHTS Priority No. 8B 678 654 Decreed Location Sec. 7 T6S, R87W NE/NE NE/NE NE/NE Adjud. Date 02/15/1921 06/20/1958 11/05/1971 Approp. Date 09/08/1898 09/01/1948 09/01/1948 Historic use: The historic use associated with Applicant's 1.0 acre-foot of historic consumptive use was adjudicated and determined in Case No. 79CW097 in the District Court in and for Water Division No. 5. 6. Statement of Plan for Augmentation. The Applicant owns two single-family residential lots located in the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 7 South, Range 88 West of the 6th Principal Meridian in Garfield County, Colorado. The source of water supply for the in-house needs, livestock watering, and lawn and garden irrigation is the Kerst No. 2 Spring, referred to in the First Claim, above. The water requirements and potential stream depletions associated with diversions from the Kerst No. 2 Spring for use on a year-round basis on the two lots are based upon the following criteria: Two residences with each residence having a per capita water requirement of 80 gallons per person per day, utilizing a septic tank/leachfield wastewater treatment disposal system with a consumptive use of 15 percent; three livestock with an associated water demand of 11 gallons per day for each head of livestock with a consumptive use of 100 percent; and a maximum of approximately 10,000 square feet of residential lawn and garden area from the Kerst No. 2 Spring to be sprinkler irrigated with a net irrigation demand of 2.0 acre-feet of water per acre with an irrigation efficiency of 75 percent. During the historic irrigation season (May through October), the total consumptive use associated with diversions from the Kerst No. 2 Spring totals 1.0 acre-foot. Out -of -priority diversions from the Kerst No. 2 Spring during the historic irrigation season will be augmented with the 1.0 acre-foot of historic consumptive use adjudicated in Case No. 79CW097 and associated with the Park Ditch and Reservoir Company decrees referred to above. At such time that a water right call is placed on the Kerst No. 2 Spring, water will be released to Cattle Creek from the augmentation structures described in Paragraph 24.C. of the Decree in Case No. 79CW097. This augmentation water will be available to replace depletions to Cattle Creek, the Roaring Fork River, and the Colorado River. -3- • • • The Applicant proposes to change the decreed use of the 1.0 acre-foot of historic consumptive use credit decreed in Case No. 79CW097 (Water Division No. 5) to domestic purposes, including livestock watering and lawn and garden irrigation, by augmentation, replacement, and exchange. 7. The proposed plan for augmentation meets the statutory criteria for a plan fol augmentation set forth in C.R.S 37-92-103(9), -302(1), and -305(8) as one contemplated by Law and, if operated in accordance with the terms and conditions of this Ruling, will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. The Referee does therefore conclude that the application for surface water right for Kerst No. 2 Spring is hereby approved for 5 gpm (0.0111 c.f.s.) absolute, for domestic, livestock and irrigation purposes, with an appropriation date of June 1, 1989, at the location and from the source listed above; subject however to all earlier priority dates of others to the integration and tabulation by the Division Engineer of such priorities in accordance with Law. The application for plan for augmentation contained herein is hereby approved and operation thereof shall be conducted in a manner pursuant with the terms and conditions of this Ruling. The Applicant shall install such measuring devices as may be required by the Division Engineer to facilitate the operation of this plan for augmentation and assure compliance herewith. It is accordingly ordered that this Ruling shall be filed with the Water Clerk subject to judicial review. It is further ordered that this Ruling shall be filed with the appropriate Division Engineer and State Engineer. /� DATED this �' day of ��.•. ��.- 1989. "'v c; the for g.oin led to al; ^gel of recordJater rrn `—'Div. Entire"rend '';12'11r2Ne cte /- zYL-Sy 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 the reconsideration on the issue of injury to vested water rights for a period of two years, and in making such determination the Court has considered the nature and source of the augmentation water and the quality of uses to be augmented. RAY D. WALKER, Water Referee Water Division No. 5 State of Colorado -4- DATED this 2---7/1 day of , 1989. f'11414'"'n-: r Vel° • '/G74? WATER UDGE March 26, 1991 Mr. Mark Bean Garfield County Glenwood Springs, CO 81601 Dear Mark: On March 24, 1991 I surveyed a 100 year flood elevation across Robert Velasquez's property in Section 10, T. 7 S., R. 88 W. of the Sixth P. M., Garfield County Colorado. This property is located approximately 2 miles East of Highway 82 on Cattle Creek Road #113. An elevation of 6267 was established to be the 100 year flood elevation based on information from Flood Insurance Rate Map Panel No. 080205 1470B dated January 1986. The survey I performed is based on an elevation of 6337.4 at RM #41, a brass cap at the road intersection as indicated on the FIRM maps. Four stakes were set at an elevation of 6267 on the South end of the property to indicate the 100 year flood elevation. The site the Velasquez's have chosen to build on is above the elevation of 6267 by several feet. If you have any questions, please don't hesitate to call me. Sincerely, Ji� W. Richmond ichmond PLS #26298