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HomeMy WebLinkAbout3.0 CorrespondenceJune 30, 2006 Kenneth D.Luke, 0124 Colt Drive Rifle, CO 81650 Dear Mr. Luke: Garfield County BUILDING & PLANNING DEPARTMENT Recently, the West Divide Water Conservancy District notified this office that you opted to let your contract for water lapse. By letting this contract lapse, it is our understanding that the Colorado State Engineer's Office, Division of Water Resources can revoke an existing well permit issued based on this contract or not issue a well permit for the property in question. In 1995, Gary and Amber Bates received approval of an Exemption from the Definition of Subdivision partially based on the issuance of well permits by the State Division of Water Resources. The copy of the well permit in the file indicates that they were issued based upon a West Divide Water Conservancy District contract for the release of replacement water from Ruedi Reservoir being in effect. By letting this contract lapse, it appears that the well permit for the property is no longer valid. Not having a valid well permit for the property is a violation of the conditions of approval contained in Resolution No. 95-095 and could result in non -issuance of a building permit for the property. Please be advised that the State Division of Water Resources has also been notified of this action and they may contact you too. They may take further action to rescind the approval of the well permit for the property. Sincerely, )74/r/._5. - Mark L. Bean, Director Building & Planning Department Xc: Dwight Whitehead Division of Water Resources # 5 P.O. Box 396 Glenwood Springs, CO 81602 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 301\1 2 2 2006 gudyG g4 June 20, 2006 WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE: (970) 625-5461 FAX: (970) 625-2796 water@wdwcd.org Hal Simpson Colorado Division of Water Resources Centennial Bldg., Room 818 1313 Sherman Street Denver, CO 80203 Dwight Whitehead Division of Water Resources #5 P. O. Box 396 Glenwood Springs, CO 80601 Kerry D. Sundeen Grand River Consulting Corporation 710 Cooper Avenue, Suite 200 Glenwood Springs, CO 81602 Mark L. Bean Building and Planning Department Garfield County 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Gentlemen: Effective June 20, 2006, the following water allotment contract is cancelled for the following reason: Contractee sold property to Kenneth D. Luke. Mr. Luke opted to let the contact lapse. H. Holden Smith Trust U/A/D 11-27-95 Contract #950911 GB2(c) Permit # 61177-F Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zaneila, Secretary LaVerne Starbuck, Treasurer Bruce E. Wampler. Director June 20, 2006 Page 2 Lot 2, Bates Subdivision Exemption Garfield County, Colorado Sincerely yours, Janet Maddock Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, Secretary LaVerne Starbuck, Treasurer Bruce E. Wampler, Director STATE OFcoLORnnoo OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 January 20, 1995 Garfield County Building and Planning 109 8th Street, Suite 303 Gle;lvvood Springs, CO 61601 RE: Bates Subdivision Exemption NE 1/4 SE 1/4, Section 36, T5S, R92W, 6th P.M. Water Division 5, Water District 39 Dear Mr. Michaelson, JAN 2 t...) :L) Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer We are in receipt of your subdivision exemption referral for a 10.23 acre tract located approximately 1.5 miles north of the Town of Silt, Colorado. The applicant is proposing to split this tract into three parcels of approximately 5.24, 2.78, and 2.21 acres. The proposed water supply source for the parcels will be from individual wells. An existing well is located on the parent parcel. The Colorado River system and its tributaries at this location are over -appropriated. As such, well permits applications in new subdivisions must be evaluated to determine if other water rights would be injured considering the cumulative effect of all proposed wells. It is likely that in many circumstances well permits could not be issued by our office without a water court approved plan for augmentation. However, under current statutes, if the Garfield Board of County Commissioners approves this split oy exemption as defined in Section 30-23-101(10)(d) C.R.S., our office must evaluate the well permit applications without consideration of the cumulative effects of the proposed wells. Under current laws, Section 37-92-602(3)(b)(II)(A) C.R.S., and hydrologic conditions, it appears that our office could in this circumstance approve well permits for two of the tracts for ordinary household purposes inside a single-family dwelling provided that the well would be the only well on the individual parcel, return flows would be to the same stream system in which the wells are located via non -evaporative disposal systems, and that evidence is submitted showing that the County has approved the parcel as an exemption. Absolutely no outside uses, including irrigation and the watering of animals, are allowed under this type of permit. It appears that our office has issued a well permit for the parent parcel, permit no. 68978, for household uses only. The permit is valid. • Mr. Dave Michaelson, Planner Page 2 January 20, 1995 Should you have any questions regarding the water supply for this project, please contact David Fox of this office. Sincerely, David J. Fox Professional Engineer DJF/df cc: Orlyn Bell, Division Engineer Jim Lemon, Water Commissioner ifrfj 63y 17)0 /1/144Jer:oll fr1,1/4/U,V),' 64A 4-cfp I/43/15 Boer A49 J4 "le. .7" A-,-0 Lam) gg-Ic Gr 60 023 ,0-1/ August 4, 1995 Garfield County Commissioners 109 8th St. Glenwood Springs, Co. 81601 Gary & Amber Bates 0401 County Rd. 261 Silt, Co. 81652 RE: Subdivision Exemption at 401 CR 261 Garfield Co. Commissioners: I am requesting another extension of my final plat subdivision exemption. I would like to request the extension to run through Dec. 31, 1995. Due to unforseen difficulties in obtaining well permits for the lots, I must ask for this extension. I have spoken with County. Planner Mark Bean, and he has agreed to the extension. I have also discussed with State Water Engineer, Dwight Whitehead, the procedures that I need to follow, and I am presently attempting to comply with the Engineer's desires as well. I will attempt to complete this as soon as possible, pending your approval of the extension. Your 1 rii G ry Bates 0•1 9S'