HomeMy WebLinkAbout2.0 Staff Report BOCC 3.1.93rrft
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REQUEST:
APPLICANT:
I OCATION:
S[IT, DATA:
WATFR:
SEWER:
ACCESS:
ZONING:
PROJECT INFORMATTON & STAFF COMMENTS
BOCC 3llt93
Exemption from the Defrnition of
Subdivision
Dale Gray
A tract of land located in a Portion
of Section 25, T5S RglW of the 6th
PM; more practically described as a
tract of land located approximately
one (l) mile northwest of New
Castle, on the south side on CountY
Road 245.
A7.22 acre tract of land
Proposed use of existing well
Individual Sewage Disposal System
(rsDS)
12 ft access easement off CountY
Road 245
fuR/RD
ADJACFNT ZONING:
RE,LATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located within District D - Rural Areas - Moderate Environmental
Constraints of the Garheld County Comprehensive Plan Management District map.
DESCRIPTION OF THE PROPOSAL
Site Description: The subject parcel is located on the west side of CR 245' T\e
property slopes moderately downward from the roadway and includes
bottomland of the creek terrace of the e\ Creek river system. The property is
partially treed with the majority of the no\trern portion in pasture. Adjacent
land uses include agricultural land and singlb famity residences. A single-family
log home is located on the southern portion of the parent parcel. Easements
currently onthe property include apowereasement and accesseasement serving
North:
South:
East:
West:
A/R/RD
A/R/RD
A/R/RD
A/R/RD
L
II.
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2.Project Description: The applicant is proposing to split the7.22 acre parent
parcel into two (2) parcels of 5.00 and 2.22 acres each. The applicant is
proposing to provide water via an existing well and handle sewage disposal by
ISDS. Access is provided via a 12 foot access easement directly from County
Road 245. Asketch plan of the proposed exemption is shown on page ' 5- .
Rackground: The parent parcel was created by exemption in April of 1991
(Resolution No. 91-034), which created two tracts of 7.22 (parent) and 12.39
acres from a parent parcel of 19.61 acres. The 19+ acre parcel was created by
exemption from a 40 acre tract in December of 1973.
III. MAJOR ISSUES AND CONCFRNS
1 Subdivision: Section 8:10(Applicability-Exemptions) statesthattheBoardhas
discretionary authority to except a division of land from the def,rnition of
subdivision. Following a review of the facts of each application, the Board may
approve conditionally or deny an exemption request. The board may not grant
an exemption unless the applicant can demonstrate compliance wilh 2qning,
legal access, adequate water and sewer, state environmental health standards,
necessary road and drainage improvements, flrre protection, adequate easements
and school impact fees.
2.Exemption Regulations: Section 8.52 (A) of the Garfield County Subdivision
Regulations states that no more than four (4) parcels will be created from any
parcel as that parcel was described in the Records of the Garflreld County Clerk
and Recorder's Offrce on January l, 1973 and is not a part of a recorded
subdivision.
On January l, 197 3, the parent parcel consisted of a 40 acre tract. As described
earlier, the 40 acre parcel has been divided twice previously (40 acres rnto 2
parcels of approximately 20 acres each in 1973 and one 20 acre parcel was
divided tnto 7.22 and 12.39 acres in 1991). These exemptions have resulted in
three (3) parcels having been created from the parcel as it existed on January l,
1973. Therefore, one additional parcel can be created through the exemption
process. Ifthe Gray's application is approved by the Board, no more parcels can
be created from the 40 acre parent parcel without full subdivision review.
Zoning: Both lots created by the proposed exemption meet the minimum 161
size of 2 acres for the A/R/RD zone district.
kgal Access: Access for the additional lots can be obtained from an access
easement to County Road 245.
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the existing house. A vicinity map is-shown on page -/- and an existing
land use map is attached on page - A '.
'Water: There is currently a domestic well located on the southern portion of the
parcel. The well was recently re-instated by the State Engineer's Office on
December 1992 (documentation attached on page '/ - l. On June 29,lgg},
the State Engineer's Offrce responded to the l99l exemption, stating that the
original wellneedsto bere-permitted andanadditional household wellcouldbe
issued (see pages 5*61. A well penrrit (157985 - Construction Perrrit) was
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4
5
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submitted prior to the signing of Resolution 9l-034 (see page - T ) The June
29,7990letter describes the State's position that no further well permits can be
issued for the parcel. This well (permit I 57985) appears to serve the 12.39 parcnl.
Theexistingwell onthisexemption parcel appearstobeadomesticwell allowing
three dwelling units and livestock Uses (see May 4,1990 correspondence related
to the 1992 exemption on page -8 - and the original permLt on pages 9ot/4.
Note that Mr. Dawson's letter and the permit cite a change by Mr. Dawson
from household to domestic uses. The log cabin is the only dwelling unit using
the re-instated well. No response has been received by the State Enginsel'5
Offrce.
Natural Hazards/ISDS Constraints: County Staff referenced hazards
mapping conducted lor the County n 1976 by Lincoln-Devore Laboratories.
The project site is located in an area of expansive, highly expansive and corrosive
soils. Engineered foundations and ISDS may be necessary on the site. The
relationship of the site to the hazard areas identified by Lincoln Devore is shown
on page - / / - . Staff recommends the following plat note appear on the
Exemption Plat:
"An fugin@d foundatioa aad wastewata systm may b nwry on
either fiot. At the time of building Fmit appliatio4 proof will b
tquird by a liead &londo Enginu rcgading spific foundation
and wastewatqnds on eitherlot "
Fire Protection. The Silt-New Castle Fire Department has reviewed the
application and have no objection to the proposal (see letter from Don Zordel
#pug. /A l.
IV. SUGGESTE,D FINDINGS
1 The proposal is in general compliance with the Garfield County Comprehensive
Plan and the Garheld County Zorutg Regulations.
The proposed land use would be consistent and compatible with the existing
surrounding land uses.
3 The proposal is in best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
V. RECOMMENDATION
APPROVAL, subject to the following conditions:
I All representations of the applicant shall be considered conditions of approval
unless otherwise stated by the applicant.
The applicant shall have 120 days to complete the required conditions of
approval. Extensions of 120 days may be granted by the Board for aperiod of
up to one (1) year. Requests for extension must be received prior to the
expiration date.
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2.
2.
3
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A Final Exemption Plat witl be submitted indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way and any proposed easements for
drainage, irrigation, access or utilities.
The applicant shall submit $200.00 in School knpact Fees prior to the signing
of an exemption plat.
Prior to the signing if an Exemption Plat, documentation must be submitted
indicating the approval of by the state Engineer,s office regarding the
concturence of the sharing of the existing well. If a well is shared by the
exemption lots, the following conditions will also apply:
A) That easements for waterlines and for arcess and maintenance of
the proposed well be included on the Exemption plat. In
addition, each parcel shall receive a deeded interest in the well(s).
B) A well sharing agreement shall be provided prior to the approval
of the plat and shall be recorded in conjunction with each deed
conveying well ownership.
/ n The following plat note will appear on the Exemption plat:
"An Enginad founda tion and wastewa tt systnn may b nwa4r on
eithq lot At the time of building Frmit applicatio4 proof wilt btquhd by a liead blorudo Enginw rcgarding spific foundation
and wastewatq nds on either lot.,
3
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(.) x control of noxious weeds are the responsibility of property owner.
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GRAY ST]BDTVISTON EXEMPTION
D I D VICINITY MAP
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GRAY SUDTWSION EXEMPTION
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RESIDENTIAL
AGRICULTURAL
EXEMPTION PARCEL
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PARCELA (2-22ACRES)
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D 3 -SKETCH PLAN
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STArE OF COLOIU
OFFICE OF THE STATE ENGINETR
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 8lB
Denver, Colorado 80201
Phone (303) 866-3581
FAX G03) 866-1589
December B, L992
Roy Romer
Covernor
Ken Sahzar
Executive Direclor
l-lal D. 5inrpson
Stnte Engineer
IIEMORAIIDInI
TO: FfLE
From: Richard a,:fI$_
subjecE.: Reinstatement of werl permit nuriber 7g34-A
The subjecE permit e)q)ired on February 2, 19gG sinceconstruction of Ehe werr was not received prior to thedaEe.
evidence of
e)q)irat,ion
rnformati-on received from Ehe Mrs. c. F. Dawson, Ehe owner, showsE,hat, t,he werl was consE.rucE.ed prior t.o the expiration daE.e of t,hepermit. The informat.ion receivLa is a copy ot itre invoice pr.l"i.aby ,Iim sLoneman, license nurilcer 78. tfre iref f was construct-ed iriorto the e>cpiration date as evidenced by Ehe invoice dat.e of December13, 1995.
Based on this information, the permit is reinst.ated.
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ROY ROMER
Governor
JERIS A. DANIELSON
State Engineer
acres 'into 2
Perm'it No.
ther obtain
Mr. Andrew C. McGregor
Garfjeld County Planning Department.l09 8th Street, Suite 303
Glenwood Springs, C0 8.l601
Re
Dear Mr. McGregor:
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 81 I
Denver, Colorado 80203
(303) 866-3581
June 29, 1990
Dawson Exempt'i on
Sec. 25, T5S, R9ll,l
[^le have revjewed the above referenced proposal to split 20
ten acre parce'l s. There i s an exi sting wel I on the property
7834-A). Thjs permit, however, has expired. The applicant must e
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1
a new permit for the well or have the existing,permit reinstated, if possible.
0nce the existing well is properly permitted, it appears we could issuean additional household-use-only well for the proposed second tract. Since a
well permit would be available, we can recommend approval. The ava'ilabilityof a well permit and our recommendatjon for approval is subiect to the
following conditions: .,
1. The property has not been previous'ly subd'ivided or exempted since1972. [^le consjder this as a one-time exemptjon and wjll not make
add j t'ional permi ts avai I abl e for future spl 'its of ei ther tract.
The well permit which will be available wjll be lim'ited to use 'ins'ide
one single-fami'ly dwel1 ing on1y. 0utsjde use for lawn and garden
irrigation is prohibited. Plat notes and covenants should reflect
thi s I imi tati on .
The applicant should provide proof that an evaporative wastewater
system will not be required. t^le could not jssue the well permit 'if
any evaporatjve system is required.
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1ot purchasers should be made aware of tand other information contained inat a copy of.this letter be given to loth the well permit application.
t
Mr. Andrew C.
June 29, 1990
McGregor Page 2
imitations on
I etter. l,le
urchasers and
4 Prospecti ve
water use
recommend th
submitted wi
hel
thi stp
Please Iet us know if you have any questions
S'incerely,
James
Sen i or
JRH/JCM/cI f:1516I
Engi neer
c3*c^A
C. McDanold, P.E.
Water Resources Engineer
ll, Divisjon
Bri ne
0rlyn Be
Bruce De
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COLOHADO DlVli,,orN
E ENGINEEF1
oF WATER RESOURpES {p
tl8 Ccrtcnnld Bldg., 'l3l! Shcrmm 8t. Dcnru. Colordo t02G!
(3Os' 06&350r
\PPLICANT
IJIC
NW t/c NW t/c Gec{lon 5
Twp 5S Hangegl W S p.M.
CI{ARENCE rFpBOXsT
NEW CASTLE,
DAWSON
co 81647
DISTANCES FROM SECTION UNES
4650 Ft. trom South Qecllon Une4850 FL trom I East deaton UnePERMTT TO CONSTBUCT A WEI.I.
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WEI.I. PERMIT NUMBEH 1.5?985
23 395DIVCNTYWD DES. BAFIN _r MD
ISSUANCE OF THIS PERMTT DOES NOT CONFER A WATER RIGHT
coNpmoNs oF
^PPROVAL
1) Thls well shall be used ln such a way as tq causs no materlal lnlury to exlstlng wate.r rlghts. The lssuance ol thepermlt does not assure the appllcam llrt no lnJqry wlll occur to ahother vested *rirr-dgr,t oi pr*lrO, anotherownsr of a vested water rlght from seeklng rellel tn a cfull court acilon.
Apprwed pursuant to CRS 37'92-602(3)(b)0|)(A) as the only wellon a resldentlal sits ol t2.s acres descrtbe<t asDawson Subdfulslon Exemptlon, Garlield County.
The use of ground water lrom thls well ls limlted toordlnary household purposes lnslde a slngle lamlty dwelllng andths watering of the use/s nolrclmmerclal domestlc anlmils. The ground waler shall not d useO tor lnlgatlon orother purposes.
The return flow lrom lhe use of the well mus{ be through an lndividual waste warer dlsposal gystem of rh;non-evaporatlve type where the water ls retumed to the same stream system ln whlch the well ls located.
The maxlmum pumplng rate shafl nd exceed lS GpM.
Thls wellshall be constructed not more than 2oo leet lrom the locatiort specified on thls permh.
7"'1 m.*z/-?o
PUI\IIP IN$TAI.LfiR'$
(-;(i[)Y
DATE TSSUED AUe 2 7 te92Recelpt No.
affioveo:
AUEr9t0
Gtetc
03 16101
EXPIRATION
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Ivh'. Jerls Daniolson, otate En6ineerlllj Sheiroan StreetDenver, Colorado BOaO,
Dear S{1,
Re: Replacement we].l /l?W4 permit # ?|fl4_L
iulay 4r..r 1990
replacement wolL belng drJ.Lled. f ind copj.es of documentation o,{ nln on our property.
Pleaso reinstate our permit so we
::";:ffi1,:"*ll'if.t;H;:, drilled the werl insread or colrina Drillins company
;;.tnu
location of propoeed well r berieve the townshj.p oriould read 5 instead of
Please also n ote-that the part marked Ground vvater to be used for: is marhed:;.fflli.ll,oi,fnli]""tock ta) "il-l;; u;;;"i;-;o";J; is marrced, out nitr,
The property io in the following nane6: Clarence.!- & Betty S. D4wson, I"lichaeL &Rlta 1"1' Porter' Ilobert & t?ebecca Bloomfi"rd';;';"r" It"iii;u orrr.s are to diffetent,i:iir;r:;:";:t.pertain to ilre r.retr beins drj.lrcd ona-inu--orry put in and the otd
Enclos ed pJ-eas eand a pump put
Dnclosures: I
can get this re$istered..
fhTlnh you, z/1
Vl**u"otlZl'
C.I;rrence.r'. DawsonP. O. Box 82
New Castle, Colo.llr: ,O, gd4 AJ"36
Et64?
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il 'iv.76
Application must
be contplete where
apt)licirl)le. Tylte orprint in BLACK
lNK. No ove;;i;L;or orasures unlcsS
initialed.
1)APPLICANT - mail ing address
NAME c
{,,;,t""' i1t-{: - 'lL'c, '':
-_t'.COLORADO DIVISION OF WATER RESOUHCESB1B ccntenrriar Brds., 1313 shcrma, st.. D;;;or, cororado 80203 //t"
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FOR; (
%, Section
PERMI
(zto)
) A PERMIT TO USE GROUND WATER) A PERMIT TO CONSTIIUCT A WE'ii')A PERMIT TO INSTALL A PIJMP
T APPLICA ION FORM
FIECEIVED
JAN 2 7 IgB4
aIATtn nIs0u[cts
'fittlt . trrcrrurr*-pto
|g nermcEMENr FoR No rl l,t S( I OTHER
WATER COUBT CASE NO.
I
FON OFFICE USE ONL Y: DO NOT WFITE IN THIS COLUMN
Receipt No.
r/ t-iz 1
Basin
STREET
CITY
TELEPHONE NO
12)
County
Disr.
CONDITIONS OF APPBOVAL
This well shall be usec, in such a way as to causeno rnaterial. injury .to. cxisting *ui"; rights.- niirssuancc of tho oernrit docs not"asrrru-ifr. ippli.r"iillL no injurv'*ir ;;;;"i;;noil; vestecr waternght or preclude another "*not. "i u vested waterrighr fronr seeking reliet in i'.irii.*rt action.
lfq\oyr.D prrRr.r.sANT TO C.R.S. lc"r, 37_sz_602(r) (c) irori r,HE RELoc^r,roii or-a..{is;ifiic wur,r,
I'ir:rliii: tto. -2r/-.9,./=-.,..,,...-, TrrE lt;;nTrNc]j::..i,-ii::,:'.'iri;i -:,i.-/"r,:,j-l;ritt.,i;;,.,i,i;j6r;i;,r1
/r{.,C{)iiD,
J..lr,:_ ll'i, -i";i:l ;:i"ti.,.i.; .,,tt,r ltiiijU:.,.r?ri:l{'i,:,?il 1,ir,.,1,1ilr.\', i.r, ;\:-.r'i) :-i;iii., lt.;., r',,lt,i-.li:;4,, a:.il;t,;.t.:f0iia;
I:1 :: : L':Y l.ii i.! ii: i' y (a:r ) ) : l. -.i i C 1i
-r:;i;i;i J1.ij 1, O'N'i;ii'II jli ryqv wnr,r,.'n.rD lrirr-,r.blr lrij',t,,.iiioav Ir t-otil\{Lirii;I fip con,rpr,rrri;D Ar r ii btiiii r ir:rr6' a rr,r n rrr u c+rrr^r rrrE oLD \ryDLL rv,u fltjilCd;{\.r'"""""ry2u#i}Y*
(3)T US E
Proposed maximurn lrumping r.ate (gpm)
Avcragc annual amount of ground waterto be appropriated (acre-f eet):
Number of acres to be irrigatcd:o
Proposcd total depth (feet)l l0 -/E 0
Aquifer ground water is to be aincd from
Owner's well designation
( I OTHEB (9)
DEIAIL TFIE USE ON BACK IN (1 1I
(4) DRILLER.,.
(State,
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fi#l HOUSEHOLD USE ONLy .no irrisarion (0)()< DOMESTTC iltfu Lrvriio'cii'pr ( ) lIPy-sIRrAL (s)i"j comniiElini."iar I lffl|,ji.iJl?^iJi'
AP PLI TIC APP ROV ED
PENMIT NUMBER
DATE ISSUED F EB2BP B4Nanrc,.1
Stroo /)q9 EXPI TION DATE FIB 2 8 i9B6zQF^t
City
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to Ass lstan t
BY
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Lic. No.
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(5)HE LO TION OF TI.IE D WELL olrd thc arca on (6)I.IE W UST
the water ll bcu nrust indica orr tlro diagram below by distanccs {
Use the CENTER SECTION (1 sectiorr, 040 acresl for the well location'
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+ - -t- - -t- - 1- -- -l- - -l- -- -t- - t-
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LOT ' BLOCK
-FlL|NG
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SUBDIVISION
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Crcnreo owner.L\, ws,y fi lniy:.././ /,),,
No. ot aues I D . witl ttris be
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Tlrr: scale df tlrc diagrarrr is 2 irrclres = 1 nrile
Each small s<e r:presenls 40 acres
HG T
tlre only well on this tract?
(B) PHOPOSED CASING PROGHAM
Ploirr Casirrg
in. lrorn 1.6 /{0 n
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Per Ioratcd casirrg
-f irr. rror. g 0 1r. ro /5 O r.
(e)REPLAC IUT give distance
il11 d orr lrotn o wcl I arrd plarrs lor plugging
ir
/'/ t'ci ae /'l (,'to ilene /tr,
No. ol actes
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l-lousehold usc and dome stic wells nrust indicate type of disposal
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WATEII EOUIVALENTS TABLE (Rounded Figurcs)
An ocre.loot covcrs'l acre ollarrd I loot deelr
I cubic foot pur sccorrrl (cts] . . .449 gallons pcr minutc (gpnr]
A larnily ol 5 will retluire a1;proximalely I acre'loot of wol0r pcr y0ar'
1 acre-foot... 43.560cutric tcet .. . 325,900 gallons.
1.000 gpm Durrlred conlirluously lor onc clay produccs 4.42 acre-(cet'
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(11) OETAILED DESCRIPTION of thc usc of sround water
systcnr to bc uscd.
(12) ffi ust:d on this larrd
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irrcluding wclls. Givc Registration artd Water Court Case Ntrrnbers
Descriptiort ol land on whiclr used
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H HEREON IS(13) THE APPLICANT (S) STATE(
TBUE TO THE BEST OF HIS I(N WL E.
siGNATUHE OF APPLICANT(S)
S) THAT THE INFORMATION SET FORT
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GRAYEXEMPTTON
SOILHAZARDSOtlrD
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Board
Ross Talbott-Chairman
William Montovcr
Scan Mello
Cary Schroeder Don Zordel - Chicf
Gordon Witzke Stu errisc - Assist Chicf
January LL,L993
Silt-New Castle Volunteer RP.f).
Box 236
sitr, co 81652
To Whom It May Concern:
The Silt-New Castle Fire Department has reviewed the proposed land portion proposed by Dale
Gray and known as the Dawson Exeneption, locateC et2L7I Countl'F.oed 245. We find equipme;it
access and water supply to be equivalent to all other dwellings in the area and therefor have no
objection to the proposal.
Sincerely,
Don Zordel
Chief, Silt-New Castle VFPD
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LAW OFFICES
Pnrnp & Prlnr
A PROEESSIONAL CORPORATTON
POST OFFICE ORA\^/ER 4OO
GLEN\I/OOD SPIIINGS, COLORADO 8T602 GARFiELD COUNIY
oE 303
GEORGE J. PETRE
OANIEL B. PETRE
COURTNEY G. PETRE
ERIC W. WALTER
June 11, t993
Mr. John Schurer
Mr. Bruce DeBrine
OFFICE OF THE STATE ENGINEER
1313 Sherman Street, Room 818
Denver, CO 80203
Well Permit No. 7834-A
Sec. 25, T 5 S., R. 91 W. 6th P.M
Water Division 5, District 39
Gentlemen
Re
Our firm represents Dale and Lisa Gray who own a tract of 7 .22 acres, more or less, in the N7z
of the N%NWyaNW7+ of Section 25, which tract has been historically served by the above-
referenced permitted well. They purchased this property in 1992 from Rita Porter, the daughter
of the permittee, Clarence Dawson.
The Grays have petitioned the Garfield County Commissioners for a subdivision exemption to
allow them to spiit their land into two parcels, one of approximately 2.2 acres and the other of
about 5 acres, with both parcels served by the water from this well. However, apparently based
upon Mr. Schurer's letter to Dave Michaelson of the Garfield County Regulatory Offices and
personnel, dated February 25, Lgg3, the Commissioners have conditioned approval of the
exemption upon the Grays obtaining a court approved augmentation plan.
On its face, rhe well permit allows the withdrawal of 15 to 20 gallons per minute of water for
domestic and livesto& pu.por.s for use upon property in the NTzNW%NW7+ of Section25'
Township 5 South, Range 91 West of the Sixth Principal Meridian. From the reference to
Section 37-92-602, it appears that the well was permitted as an exempt well, presumably under
Subsections (lXb) or (Li, both of which provide for the use of water from the well on up to
three single-family dwellings.
The Grays maintain that all of the foregoing requirements of the permit and applicable law will
be honoied by their proposed subdivislon Jxemption. The newly-created two-acre parcel will
accommodate one singte-ramily dwelting in addition to the one that already exists on the other
parcel. Both parcels are contained within the land to be served by the groundwater as described
uiller93
B
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LA\^/ OFFICES
Prrnr & Pprnn
A PROFESSIONAL CORPORATION
Mr. John Schurer
Mr. Bruce DeBrine
June 1l,1993
Page Two
in the original permit, the legal limitations on the kinds of use will be respected, and the
combined withdrawal of water, for use upon both parcels, will not exceed the maximum
pumping rate allowed. Under these circumstances, it is hard for the Grays to justify the expense
and delay that would attend developing an augmentation plan and obtaining a decree for it.
The correspondence to Mr. Michaelson from Mr. Schurer seems to indicate that, in addition to
statutory or permit conditions or requirements, if a well permit is not initially used to its full
capacity, any later expanded use requires a new well permit, even if that use, as expanded, still
falls within the ambit of the permit originally issued by the State Engineer's Office. By this
rationale, even a slight additional use of water (e.g., the later construction of a watering trough
for farm animals with a hose bib) might require an additional well permit. Applying the same
argument to a different hypothetical situation, if at the time a permit was granted, it was
contemplated that a well would serve two single-family dwellings, but due to economic
circumstances, the construction of the second was delayed for a year, those circumstances might,
under that rationale, require the issuance of another permit. Apart from the serious practical
ramifications of Mr. Schurer's position, we can find nothing that supports it as a matter of law.
Because the Grays maintain that the water use plans contemplated in the proposed subdivision
exemption do not violate the terms of this permit or applicable law, they ask that the Office of
the State Engineer reconsider the opinions expressed in Mr. Schurer's letter and that you advise
Mr. Michaelson's office that the contemplated use of water under this permit will not require
further authorization, approval or augmentation. If you are unable to do this, please provide us
with the legal basis, including citations, for the State Engineer's position and advise us as to
what oppornrnities exist to appeal that determination within the hierarchy of Office of the State
Engineer and Division of Water Resources.
I am going to be out of the office, on vacation, and I would appreciate your addressing your
reply to George Petre of this firm.
Thank you for your consideration
Yours very truly,
PETRE & PETRE, P. C
ilflnlol B' Petrs
Daniel B. Petre
DBP/cc
cc: Mr. and Mrs. Dale Gray
Mr. Dave Michaelson
l',1-* Ir,l ' ''. I
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DISTRICT COURT, WATER DIVISION 5, COLORADO
Case No. 93CW207
RULING OF TIIE REFEREE
CONCERNING THE APPLICATION FOR WATER RTGHTS OF:
DALE A. GRAY and LISA J' GRAY,
in Garfield CountY, Colorado
The above entitled Application was filed on Septem-bet 29' 1993' referred to the Water
Referee for Water Division 5, State of CotoraOo, by the Water Judge of said Court on October
5, 1993, and amended on Janua ry 6, !994,a11 in aciordance with Article 92'Title 37' Colorado
Revised Statutes, known as the water nigt,r Determination and Administration Act of 1969.
Pursuant to $ 37-92 -302(4),15 C.R.S. (1990), the Referee has consulted with the
Division Engineer, and a ,.,*ury of that consultation, dated March 15, |994, has been filed
with the Court. The Referee has also made such investigations as are necessary to determine
whether or not statements in the Amended Application ar€ true, and having become fully advised
with respect to the subject matter of the Rnr-enoeo Apprication, does hereby make the following
determination and ruling in this matter
F w
1. The statements in the Amended Application are true, except as modified in this
Ruling.
2. The names and the address of the Applicants are Dale A' Gray and Lisa J' Gray'
Post Office Box362, New Castle, Colorado 81647'
3.TimelyandadequatenoticeofthefilingofthisApplicationwasgiven,asrequired
by law. The Court,'Uy OrO"idated-January 10, t1}1,-determined that it was unnecessary for
the Applicants to republish as a result of the filing of the Amended Application'
4. No statements of opposition have been filed'
5. The following underground warer right has been applied for by the Applicants and
is to be augmented pursuant to the terrns of this Ruling:
a. Name of well: GraY Domestic Well'
FILIIt)
IN COMAINED COURT
GARFIELD COUNTY, CO
APR 2 1 tgg+
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b. kgal description of well: The well is located in the Northwest Quarter
of the Northwest Quarter of Section 25, Township 5 South, Range 91 West of the Sixth
Principal Meridian, at a point 450 feet from the North section line and 1,300 from the West
section line of said Section 25.
c
Colorado River
Source: Groundwater tributary to Elk Creek, which is tributary to the
Depth: 80 feet.
Date of appropriation: September 29, L993.
Date water applied to beneficial use: September 29, L993
g. How appropriation was initiated: By field location of well site,
formulation of intent to appropriate water, application of water to beneficial use, and filing of
the Application herein. All such activities occurred on or before the date set forth in Paragraphs
5(e) and (f) above.
h. Amount claimed: 0.033 cubic feet per second (15 gallons per minute),
absolute.
i. Uses or proposed uses: Domestic and irrigation.
j Description of land to be irrigated: Approximately 1,000 square feet
(0.023 acres) of lawn and garden near two homesites located in the North Half of the Northwest
Quarter of the Northwest Quarter of Section 25, Township 5 South, Range 91 West of the Sixth
Principal Meridian.
k. The Applicants have submitted appropriate documentation of the denial of
the well permit application for Gray Domestic Well (Office of State Engineer, File No. AD-
13221), as required by 537-92-302(2),15 C.R.S. (1990 &L993 Supp.).
6. The following storage water right has been applied for by the Applicants
a.Name of reservoir: Gray Domestic Pond
b. Location: The pond is located in the Northwest Quarter of the Northwest
Quarter of Section 25, Township 5 South, Range 91 West of the Sixth Principal Meridian at a
point 80 feet from the North section line and 1,050 feet from the West section line of said
Section 25.
d.
e.
f.
2
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c. Ditch used to fill reservoir: The pond is an off-channel reservoir whichwill be filled from the Oak Grove Ditch. The Ditch diverts from the West bank of East Elk
Creek at a point from which the Southeast Quarter of Section 13, Township 5 South, Range 91
west of the Sixth Principal Meridian bears North 50o20' East 4,199.2 teit.
d- Source: East Elk Creek, which is tributary to Elk Creek, which is
tributary to the Colorado River.
Date of appropriation: August 73, 1993
How appropriation was initiated: Field location of the pond site
Date water applied to beneficial use: Not applicable.
h. Amount claimed: 0.40 acre-feet, conditional. This is an off-channel
reservoir with a maximum rate of diversion for filling of 0.125 cubic feet per second, absolute.
This diversion is under Oak Grove Ditch, Priority No. 144. See paragrupn I below.
i. Use: Proposed uses will include domestic, irrigation, recreation,
piscatorial, aesthetic, fire protection and augmentation replacement. The description of the land
to be irrigated is set forth in Paragraph 5(i) above.
j. Surface area at high-water: 0.10 acres
Maximum height of dam: Eight feet
kngth of dam: 120 feet
m. Total capacity of reservoir: 0.40 acre-feet, of which 0.30 acre-feet is
active and 0.10 acre-feet is dead storage.
7. The Applicants have requested approval of a plan for augmentation more fully
described as follows:
a. Name of structure to be augmented: Gray Domestic well.
b- Water rights to be used for augmentation: The Gray Domestic pond
described above and, indirectly, Applicants' interest in the Oak Grove Ditch, priority No. 144.
That Priority of the Oak Grove Ditch was adjudicated at 1.50 cubic feet per second for irrigation
purposes on April 5, 1892, in the Garfield County District Court, Case No. 404. It is an
absolute surface water right which diverts from East Elk Creek and has an appropriation dateof February 20, 1890.
Historic use: The entire Priority No. 144 historically inigated 75 acres.
e.
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d- Statement of plan for augmentation, including description for all waterrights to be established or changed by the plan: The Applicants u." ti. current owners of a7.22acre, more or less, parcel of land located in the North Half of the Northwest euarter of theNorthwest Quarter of Section 25, Township 5 South, Range 91 West of the sixttr lrincipatMeridian. They intend to subdivide the property into two parcels, one of 4.083 acres and theother of 3. 136 acres. Agricultural irrigation and livestock watering for both parcels will be fromthe oak Grove Ditch under existing water rights. Each parcel willaccommotut" a single-familyresidence, with in-house water uses and the irrigation of 500 square feet of lawn and garden
coming from the Gray Domestic Well. In-house uses for each residence will be 321gallo-ns perday, based on an assumption of four persons each using 80 gallons per day. Waste *rt ,treatment and disposal will be by septic tank/leach field systems or other non-evaporative
individual sewage disposal systems, with an estimated consumptive use rate for in-house use of15 percent of diversions. Outside irrigation will use sprinklers with an estimated irrigationefficiency use of 80 percent.
Historically, about 5.0 acres of the 7.22 acre tract were irrigated under the Oak Grove Ditch,Priority No. 144. To accommodate the domestic water needs of two homes, each requiring lawn
and garden irrigation from the Well, and to replace evaporation from the Gray Domestic pond,
the Applicants' plan for augmentation utilizes the consumptive use associated with 0.28 acresof historically irrigated land that will be taken out of production, and effectively dried up, byfuture construction of a house, driveway, shop and the Pond. The approximate location ofhistoric irrigation of Applicants' property and this dry-up are depicted^on the map attached
hereto and incorporated by reference herein as Exhibit A. As set forth in Table 4, which isattached hereto and incorporated by reference herein as Exhibit B, the Pond will fill during
spring and summer with water attributable to the historic consumptive use for that land removedfrom irrigation under that Priority and release at those times, in the rest of the year, that
diversions hereunder would otherwise be out of priority. During those times that the Applicants
are irrigating the remaining 4.72acres and, at the same time, filling the pond, they shail use aproportionate amount of that Priority (i.e., 0.118 cubic feet per second of Applicants' 0.125cubic feet per second) for direct-flow irrigation, with the r.rruioirg 0.007 cubii ieet per second
used for filling the Pond. To the extent that the Applicants temporarily irrigate less rhan thar4.72acres during the irrigation season, they may proportionatelyincrease thi rate of flow into
the Pond, up to a maximum of 0.125 cubic feet per iecond.
8. The plan for augmentation described above meets the statutory criteria set forthin $$ 37-92-103(9); 302(1) ,no gOs(g), 15 C.R.S. (1990), as required by law. If operated in
accordance with the terms and conditions of this Ruling, neithei the plan nor any -hange of
water right inherent in it will injuriously affect the owner of, or the persons entitled to use,
water under any vested water right or decreed conditional water right.
RULING OF THE REFEREE
The Referee does, therefore, conclude that the application for an underground water
right, as amended, should be granted and that .033 cubic fiet per second (15 gallons per minute)with an appropriation date of September 29,7993, is hereby awarded, as an absolute water
4
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right, to Gray Domestic well for domestic and irrigation purposes; SUBJECT, HOWEVER, ToALL EARLIER PRIoRITY RIGHTS oF OTHEIS anoio the integration and tabulation by theDivision Engineer of such priorities and changes or rights in accordance with law.
The Referee does further concltrde that the application for storage water right, asamended, should be granted and that 0.40 acre-feet, witi an appropriationiate of August 13,1993, is hereby awarded conditionally to Gray Domestic Fond for domestic, irrigation,recreation, piscatorial, aesthetic, fire protection and augmentation replacement pu[poses,provided always that said 0.40 acre-feet is awarded on the condition that said quantity of waterbe diverted and applied to beneficial use within a reasonable time; suBJECi, HSyEVER, ToALL EARLIER PRIoRITY RIGHTS oF oTHERs and to the integration and tabulation by theDivision Engineer of such priorities and changes or rights in -accordance with law. Anapplication for a finding of reasonable diligenc. it.tl be filed in the same month as the decreeherein is entered every six years after.tt1e Lntry of the decree herein so long as the Applicantsdesire to maintain the conditional water right awarded herein, or until a determination has beenmade that such conditional right has been made absolute by reason of completion of theappropriation, or is otherwise disposed of.
The application for approval for plan for augmentation, as amended, is hereby approved,and the operation thereof shall be conducted in a ma-nner consistent with the terms and conditionsof this Ruling.
The office of the State Engineer shall issue a permit for Gray Domestic Well, pursuantto the terms and conditions of this Ruling
The Applicants shall install such measuring devices as may be reasonably required by theDivision Engineer or the state Engineer to facilitate compliance with this Ruling and the wellpermit.
It is, accordingly, ordered that this Ruling be filed with the Water Clerk, subjecr tojudicial approval.
It is further ordered that this Ruling be filed with the appropriate Division Engineer andState Engineer.
-cl
DATED this 23 day of , lgg4
WATER REFEREE
Water Division 5
State of Colorado
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No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed
and approved and is hereby 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 5 years from the
date hereof. In making such determination, the Court has considered the nature and effect of
the Amended Applications and the Ruling. The month and year for filing the initial application
for a finding of a reasonable diligence shall be MAY 2OOO
o
Dated tnqffiauv or ZZ-,t994.
JUDGE
6
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DALE AND LISA GRAY PROPERTY
WATER RIGHT PLAN FOR AUGMENTATION
HISTORIC IRRIGATION AND DRY.UP
EXHIBIT A
JOB NO. 467-1.O 4-18-94
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STATE OF COLOI(AD
OFFICE OT 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
Roy Romer
Covernor
Ken Salazar
Executive Director
Hal D. Simpson
State EngineerFebruary 25,7993
Mr. Dave Michaelson
Garfietd County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE:Gray Subdivision Exemption
Section 25, T 5 S, R 91 W, 6TH P M
Division 5, Water District 39
J. r .'ff _-_''_
CI 1 1995
G;\r-inriLD COIJNTY i
Sffi?'! '::P
Dear Mr. Michaelson:
We have reviewed the above referenced proposal to split a7.22 acre parcel into two parcels
of 2.22 acres and 5.0 acres each. The information submitted did not indicate the proposed
configuration of the two parcels. The applicant proposes to serve the two parcels with a shared
dome-stic well, permit r,o.7SS+(-R). This parcel appears to be the subject of a previous exemption
proposal, the fawson Exemption, that we cortmented on in a letter dated June 29, 1990 (copy
enclosed).
WeIl permit no. 7834 was originally issued for domestic purposes on February 3, 1961. A
replacement permit, no. 7834-A, was issued for the relocation of the existing well on February 28,
f gg+. The current well permit is valid only for the domestic purposes it has historically been used
for. If the well has not historically served more than one single family dwelling, the use cannot be
expanded unless the applicant obtains a new well permit for the expanded use. A field inspection
performeci in 1985 by personnel from our Glenwood Springs office indicated that the well has-historically
served only one single family dwelling. Since this proposed split is located in an area
tributary io the Colorado fuver at a point where the stream system is considered to be
overappropriated, it is highly unlikely a well permit for an expansion of use could be issued without
a plan for augmentation approved by water court.
Additionally, the permitted location for well permit no.7B34 would apparently not plags
the well on rhis l.2Z acri parcel. If the well is not at the permitted location (or within 200 feet
of the permitted location), a new permit with the correct well location must be obtained in order
to continue to legally use the weIl.
aD
Dave Michaelson
February 25,'J.993
Page 2
Based on the above, we cannot recommend approval of this proposal. Please let us know
if you have any questions.
Sincerely
t"/
John Schurer, P.E.
Senior Water Resource Engineer
JS/JD/jd,
Sray.rev
cc:Orlyn Bell, Division Engineer
James Lemon, Water Commissioner
Bruce DeBrine
\i,r 5D;stsY
C* '?E cy':
.rERrsh. DANIELSoN
State Enganeer
t a
ROY ROMER
Govemor
OFFICE OF THE STATE ENGINEER
DIVTSION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
June 29, 1990
Mr. Andrew C. McGregor
Garfield County Plann'ing Department
109 8th Street, Suite 303
Glenwood Springs, C0 81501
Re
Dear Mr. l4cGregor:
lJe have reviewed the above referenced proposal to sp1it.20 acres into 2
ten acre firiets. There is an eiisiing well'-oh thg property (Permit. .N9'iei+-nl. ' This permit, however,-n.i exfiired. The appliqin! must either obta'in
.-n.* iermit for'ttre w6ll or have ite eilsting permit'reinstated, if possible'
0nce the existing we'|1 is properly permitted, it appears .we could 'issue
an add.itional house6old-use-ohly'we]i ior the proposed second. tract. Since a
n.lf-p..*ii woulJ Ue ivailable, *L ..n recommend' approval.- Th" availabiljty
of a' well permit and our reiommendation for 'ipproval is subject to the
fol l ow'ing condi ti ons:
1. The property has not been prev'iously subdivided or 'exempted .sincelg7?. '1.1e cons'ider this 'as a onL-time exemption and will not make
additional permits available for future splits of either tract-
Z. The well permit which will be ava'ilable will be limited to use inside
one singie-iariii -dwe]f ing on1y. 0utside use for lawn_and garden
.irrigati6n-is-fro-nibited. ptat notes and covenants should reflect
th'i s I imi tati on.
3. The applicant should provide progf that an evaporative wastewater
system will not be requii:ed. lle tould not issue the well permit if
any evaporative system is required-
t
l,lcGregor
o
:ri-iil l,tr. Andrew C.
,i1.i,:"," June 29, f990
. :: ii-i.:.,.Y.:,i-:t
_ 1$.1_1 t'r;:],:r:.i;f rt'r 'n'
Page 2
4. Prospective lot purchasers-shou]d be made aware of the 'limitations on
water use and
-other informiiion- iontained in this letter' Ue
reconmend that a copy of thi;"'i;iigl il given to lot purchasers and
ruUnittea with the irllI permit application'
Please let us know if you have any questions'
SincerelY'
Seni or
Cfu*GA
C. McDanold, P-E.
Uater Resources Engineer
JRH/JCt4/cl f :1616I
cc: 0r1yn 8e11, Division Engineer
Bruce DeBrine
t e
STArE OF
OFFICE OF THE STATE ENGTNEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room glg
Denver. Colorado 8O203
Phone (303) 866-3581
FAX (303) 866-3s89
December 8, L992
Roy Ronter
Covernor
Ken Sallzar
E\ecutive [)irect0r
11.rl D. Srntptson
State Engineer
MEMORA}IDIIM
TO: FIIJE
From: Richard Bt:I i\>_
-\IFs\/
subject: ReinstaEement of well pennit. nunlcer 7g34-A
The subject, pefmi-t $q)ired on February 2, 19g6 since evidence ofconst'ruction of E,he well was not recei]ved prior to Lhe e>q)irationdat,e.
rnformat,ion received from the Mrs. c. F. Dawson, the owner, showsE,hat the werr was const.ruct,ed prior Eo the e:cpii"tion dat,e of Ehepennit'. The informat.ion receivia is i .opy or tne invoice preparedby 'rim stoneman, license number 78. trre werr was constructed prlor!9 the ocpiration date as evidenced by the invoice date of December12 1008LJ, LJeJ.
Based on this informat,ion, the permit is reinst.ated.
F.gm. No.
GWS.25
APPUCANT
35[35^Bt Tl$,ff I B F T"1TF5 1., o *0,*tl8 Ccntcnnlel Bldg.. tgt3 Bharnrn 6t, t cfirrr. Coloredo Al2Gtposf 8e&3s8t
a
LIE
PERM]I TO CONSTRUCT A WEI.I.
CI{ARENCE F DAWSONr|9BOX87
NEI{ cAsTrEr co 8t647
APPROVED WELL LOCAION
couMrY_cARIrqLD
NW
Twp5 s , Hangegl I{ S p.U.
DTSTANCES FROM SECTION UNES4650 FL from South Qectlon Une4850 Fr. from East SeAton Une
WEI.I. PERM]r NUMBER 157985
23 39 DES. BAFTN
5DIV CNTY.WD
coNprnoMi oF
^PPROVAL
1) Thls well shall be-used ln such lway as tq caus6 no materlal lnlury to existing warer righrs. The lssuance of thepermit does not assure the appllcant tfrat ho fnjrrry ,rlii o".r, to another ves6d water rigtrt or preclude enotherowner of a vested water rigtrt fiom seekrng rena r;"-;Mt-;;urt acrbn.2) Apprwed pursuant to cRS 37-92€02(Eq0D@ as the only well on a residentlalsite of t2.5 acres describe<t asDaurcon SubdMslon Exempton, camdd'CduriOi.
The use of ground water from this well ls limfted toordlnary household purposes lnslde a slnglg famlly drvelllng andthe watering of the use/s nonGommerciaidomesrb antmils.- rne grolnci *"io .n"lr not be used for lnlgabn oroher purposes.
The return flow from the use of the wetl.must.be through an lndividual waste warer disposal gysrem of thenon-evaporative type whare the water ls retumed to the sime stream system in whlch the well ls tocatsd.The maxlmum pumplng rate shall not exceed lS GpM.
Thls well shall be constructed not more than 2oo feet from rhe bcation specified on this permit.
ISSUANCE OF THIS P ERMTT DOES NOT CONFER A WATER R]GHT
71 '4.t-L?-?o
PUf\/I P [['J$TA[.[-[:R'$
(j(i[,y
DATE TSSUED AUe 2 7 teel
aaaffiovED:
AUEm0
03161otd"Recelpt No.
8y
EXPIRATION DATE
a
Ilery 4r., 1990
I,h'. Jeris Dar:ie1son, otate En6ineer
l1L3 Sheiro;rn Street
Denverl Colorado SOZOJ
Dear Slr,
Re: Replacenent weJ.l /l?V4 Permit # ?814-A
Dnclosed pJ-oarse find copies of documenLation od n replacement welL being dri.J-Ied
and a pump put in on our property.
Stoneman Dril1in6 Company drilled the we]I instead of Collins Drilling Company
ao Co11in6 was too busy.
0n the locatj.on of proposed well I believe the townohip ohould read 5 instead of
55.
I
Please also n ote that the part marked Ground yrater to be
Domestic (1) ;rnd Livestock (2) and the I{ousehold use only
my initials by that.
used for: is marked
is marked out with
The property is j.n the following name6: Clarence.u'& Betty S. Dtrwson' I"lichael &
Rita 1"1. porter, ltobert & ltebecca Bloomfield so some of theso biLls are to diffetent
peopLe but all pertain to the rveJ"I being drillcd and tne pump put in and the o1d
vrell abandoned.
Please reinstate our permj-t so we cein get this re$istered.
T You r il
Enclosures: I
Clarence l'. DawsonP. O. Box 6-/
New Castle, Colo. 8164?
PI1: 1o3 964 2115
a\e v.76
ocofonnoo DrvrsroN oF wAT., *uro.tu,
818 ccnrennial Brdg., 1313 sherman st.. Denvcr, cororado g0203
i.t
PEBMIT APP LICATION FORM
SIECEIVED
JA.N 2 ? PB4
lY/rTtR Rt:riUt?Ci.SrP,ff. ti,rCp1trn-tPl&
ApJrlication must
be complete where
applicaltle. Type orprint in gLAq!
lNK. No overstrikr:sor erasures unless
initialed,
(1}APPLICANT - mailing address
NAME c
) A PERMII TO USE GHOUND WATER)A PERMIT TO CONSTI]UCT A WELL
) A PERMIT TO INSTALL A PTJMPFOB
e
tk nrpuncEMENT FoR No.i.trt 14( } OTHER
WATER COURT CASE NO
(Ziar)
FOR OFFICI USE ONLY DO NOT \,VRITE IN THIS COLUMN
Receipt No.
Basrn
t/ ,iZ I
STREET
CITY
Dist
---% ot the %, Section
9/ * -\d
CONDITIONS OF APPROVAL
This well shall be usecJ in such a way as to cause
lo l:r1.rirl, injury .to existing ,,vater r;glhts. Therssuance of tho permit does not assure the ipplicantthat no injury will occur to another vestecl waterright or preciude another owner of
-a
veiteU waterright fronr seeking relief irr a civil corii action.
APPR.OUED pLm,t,sANT T0 C.R.S. 1rm, 37-92-602(3) (c) iroti i,HL RnLoc^f,tolt oF B;{is-lII{c W]ILL
ilirj.li;J: ,,to. .Z,Y-*i./ rirrlrircrrNc1'.; .l , ''; -:.r'.' i-r:j ::1,: i'i(-i,:;_) li.;,j .r,i;r.r,il.)Ol :jr'r ,11-.tlti;.:l)-il'': '.'ir i;1,., ;t;-.:..r.i .t,i!:) i:....:,i;t;..,,.,;,:(;.i';:i ,f.tli i'ir:'l.tiiiI1', t-i, j\r\'i, r-:i;j'.:1, Ii;.: jr/t,r .i-.^,'i ;.,,,,: Ct',,,;,";l ,.i;,.loliii
Ilirr',';iIr\j l,;ri.llili'l. (l;)) ).;a..,j,; (:;!, (;:j;\:.i,i,.:,; iiOij L\iilTilli; i\iiJi'i 'rVi.lLL. 'I.III tiliiil.{,':{rlll /'rr.i'i,'lDr,lirlll i;'Oli}tIi{Jir r n it c0n,Ipt,ii;1';;it Ai tD suiltil:tvittrI-r Airl,'t Ri/iri\j(+TIIAT liIU' OT.D \4ULL iV.LS I,LUGGI.]D-,1UV-----7ffrf*9r'#Y*
,/
(state)
TELEPHONE NO
(2)
County
F
-d-\al
t*1,,. ,6 _._, Rng
lN.Sl ( E. y/l
(3)ITJA T[i.; US E AND ELL TA
Proposed maximum pumping rate (gpm)/5 -,?c
Averagc annual amount of ground waterto be appropriated (acre-feet)
Number of acres to be irrigatccl o
Proposed total depth (feet)t ' /50
Aquifer ground water is to tre ined from
fcc
Owner's wel I designation
( ) oTHEFt (e)
DEIAIL THE USE ON BACK IN ('I1)
(4) DRILLEB
Nanrr:
APPL I CA TICN API'RO VED
PEIIMIT NUMBER
,1 83 _A
.:"\t x i:,1 i r-",:;'!?. r .di iilil I1,r i , i.". i 4I':\,j,r- J f [1.,,,{ i i_i
(:''\ .i'".. J',r r ,ij 'ii 'ri tr /-1 t,/
kr_Jlr" I
i:'Up} I9y.l!_Ho_LD USE ONLy.no irrisation (0)(x] DoMEST|C (l) ( ) |NDUSTR|AL (5)>{ llYF.qlocK (2} ( ) rtiBrcAroN (G)( ) cor\rMEncrAl (4) ( ) MuNrcrpAl irii,
DATE ISSUED FEB 2 B PB4
FI
Stree nq vq -/-7/ Ll a ttC
EXPI rION DATE
Ass i s.tan t
BY
B 28 1986
ICity
4
4
Telcltlrone N
4 4
Lic. No.
r.D.
4
't)
TE
COUNT'/
a)
Silt-New Castle Volunteer RP.D.
Box 236
silq co 816s2
Board
Ross Talbott-Chaifman
William Montovcr
Seaa Mello
Cary Schrcedcr
Gordon Wiake
Doa Zordel - Chief
Stu Ocrisc - Assisl Chief
January LL, L993
To Whom It May Concern:
The Silt-New Castle Fire Department has reviewed the proposed land portion proposed by Dale
Gray and known as the Dau,son Exemption, located etZLTL Countl,F.cad 2,'15. We find equlpare;t
access and water supply to be equivalent to all other dwellings in the area and therefor have no
objection to the proposal.
Sincerely
411-
Don Zordel
Chief, Silt-New Castle VFPD
O t
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
January 29,1993
John Schurer
Division of Water Resources
Olfice of the State Engineer
l3l3 Sherman Street, Room 818
Denver, CO 80203
RE: Gray Subdivision Exemption
Please find enclosed information related to a subdivision exemption for a parcel of land
northwest of New Castle, located in Section 25, T5S, R9lW, for your review and comment.
The applicants are requesting the division of a 7 .22 acreparcel into two (2) parcels of 2.2}and
5.0 acres each.
The applicants are proposing to serve the parcels with a shared domestic well. The existing well
was allowed to expire and wasrecently reinstated, asindicated by the attached doclumentation.
I have attached an Assessor's map indicating the location of the parcel and the appropriate
U.S.G.S. quad.
This application is scheduled for a public meeting before the Board of County Commissioners
on March 1, 1993.
If you have any questions, please feel free to give me a call.
aq.,
Dave Michaelson
Planner
Enclosures
DHM/sa
109 8TH STREET, SUIrE 303 . 945-8212t625-5571t285-7972 . GLENWOOD SPR|NGS, COLORADO 81601
t a
ROY ROMER
Governor
JERIS A. DANIELSON
State Engineer
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 81B
Denver, Colorado 80203
(303) 866-3581
June 29, 1990
Mr. Andrew C. McGregor
Garfield County Plannjng Department.l09 8th Street, Suite 303
Glenwood Springs, C0 8.l60.|
Re: Dawson Exemption
Sec. 25, T5S, R9tl.l
Dear Mr. McGregor:
We have reviewed the above referenced proposal to sp1 it 20 acres into 2
ten acre parcels. There js an ex'isting h,ell on the property (Perm'it No.7834-A). Thls permit, however, has expired. The applicant must either obtain
a new permit for the well or have the existjng,permit reinstated, if possjble.
Once the exi st'ing wel 1 i s properly permi tted, i t appears we coul d 'i ssuean additional household-use-only well for the proposed second tract. Sjnce a
well permit would be available, we can recommend approval. The avajlabilityof a well permit and our recommendatjon for approval is subject to the
fol I owi rig condi t j ons :
1. The property has not been previously subdivided or exempted s'ince1972. l,le consider this as a one-tjme exempt'ion and w'ill not make
addi ti onal permi ts ava'i I abl e for future sp1 j ts of ei ther tract.
2
3
The wel I
one s'ing
ermit which will be available w'ill be limited to use insidep
I e-family dwell'in g
P
on1y. 0utside use for lawn and garden
I at notes and covenants shoul d refl ectirrigat'ion'i s prohi b'ited.this I imitat'ion.
The applicant should provide proof that an evaporative wastewater
system w'i 1 1 not be requi red. t^le coul d not 'i ssue the wel I permi t if
any evaporative system is required.
t I a
Mr. Andrew C. McGregor
June 29, 1990
JRH/JCM/cl f: l6l6I
cc:0r1yn 8e11, Djvjsion Engineer
Bruce DeBrine
James C. McDanold, P.E.
Sen'ior Water Resources Engineer
Page 2
4. Prospective lot purchasers should be made aware of the limitations
water use and otherinformation contained in thi s letter.
recommend that a copy of this letter be g'iven to lot purchasers
submitted wjth the welI permit appf ication.
Please let us know if you have any questions.
S i ncerel y,
on
l.le
and
c3*6-")