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Home My WebLink About1.0 Application411 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned Mrs. Edith Hornik respectfully petitioners the Board of County Commissioners of Garfield County, Colorado, to exempt by resolu- tion the division of 82.03 acre tract of land into 4 tracts of approximately 20.5 acres each, more or less, from the difinitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: 3 parcels to be deeded to the sons and daughters of Mrs. Edith Hornik and one parcel retained by Mrs. Hornik In support of this petition, the petitioner also submits the following: (h1 Map drawn to scale showing proposed lot subdivision and access (1Y'l Copy of deed (c•Y Vicinity Map (dg State on source of domestic water • • e Statement on method of sewage disposal ;14040�v* t 100 year floodplain information where re'r'Tie rcu live stream crosses or adjoins said tract (g) Fee in the amount of $ (he Evidence of the soil types Submitted at Glenwood Springs, Colorado, this day of, , 19 Petitioner c/o KKBNA, Inc. Mailing Address 1001 Grand Avenue Glenwood Springs, CO 81601 (303) 945-8664 Telephone Number NAME: EXEMPTION PURPOSE OF EXEMPTION: _/;74) /4e27(,e)r cm)C1 .0 oar, QUALIFICATION FOR S.B. 35 LOCATION OF SITE: /% WATER: DIV. OF WATER RESOURCES RESPONSE A -ilk .aPPAPI CHECK LIST: FEE PAID ($50 +1.00/acre for each parcel )( MAP showing proposed lots and access X DEED X VICINITY MAP 72/4) 100 yr floodplain info. )< SOIL MAP irva IF community water, letter of approval COMMENTS: `7-/-6 6 // X-- ; /1" created under 35 acres) from governing body /L— / 40(( / 4/64..... e Cs"--/ e e: 6-0 - fe-2--/-6-----c C:-)4:7 e -eft' />) /GA q -C-) c? e) SCS -22$ 11-66) • _ • CONSERVATION PLAN MAP UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE cooperating with OUR SOIL * OUR STRENGTH Ovvrler Plan No Date Operator Scale Acres Approximate Photo No. Canovanas Disniel i ., , i 14.. . • SOIL CHARACTERISTICS • /4 - r Depth to Bedrock : deep Texture Surface : loam Subsoil . stony clay loam, stony clavi Substrattrrm : stony loam, very stony loam Unified/AASIIO Classification: CL. CH, Ml., 3M; A-4 , A-6, A-7, A-2 Permeability (below 2 feet) : mMlOritA+: 31ew In 30 inch rient.h Percent Coarse Fragments (gravel, cobble, stone) : b to 40; over 4b°o in substratum Soil Reaction (p11) : 6.6 - 7.3 Shrink -Swell Potential : high Potential Frost Action (surface) : mode reto Flood hazard : none Hydrologic Croup : c Corrosivity - Steel : high - Concrete : low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields : S - slow t')ormrability, large stones** Sewage Lagoons : S - steep slopes, largo stones Sanitary Landfill - Trench : S - too clayey, largo stones, step slopes - Area : S - stoop slopos Shallow Excavations : ti - too elHyov, 1erre :;toow; , :;teen .;10po Dwellings w/basements : - largo :Acmes w/o basements : 3 - hi h shrink -:;well, steep slopes Local Roads and Streets : Severe - hit•h shrink -swell, large stones, steep slopes SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill : Poor - largo stones, too clayey, steep slopes Topsoil : Poor - too clayey, large stones Sand : Unsuited (:.ravel : Unsuited Roadflll . Poor - largo r, toner;, hil',h :oh rinK-swot 1, t'r.::t, rte t t on OTHER SOIL FEATURES *' Permeability rate increases At depths below 30 inches. "ADVANCF. COPY SUBJECT TO CHANCE" NOT TO IIE USED 1 N PIACI? 0r ON-SITE INVESTIGATION. • :;1111, l'liARAl:'I'I:HI':'I'li Peet h 1 o lr,1104-1A Texture Surface 1,,,,m Subsoil r,r,,v•,1 l.,r clay loam, r•,rrlvolly clay Sub$trntury r.v l I y 1onn, gruvo1 1y clay l( !I Unified/AASIIO Classification: F!,,, C1., Cli. (;C; A-4, A -e;, A-7, A-:.' Permeability (below % feet) : m►d. r+at•oly :;low to modnralto r'ercent Coarse Fraymentr; (gravel, cobble, shone) 11 to ii no1'•'on1. Soil Reaction (p11) t;.f; - 7.ri Shrink -Swell Potential h i rji Potential Frost Action (surface) = rnna'arate Flood Hazard n ono Hydrologic Group C Corrosivity - Steel high - Concrete low DEGREE b KIND OF LIMITATIONS (0 is Slight. M in Moderate, S is Severe) Septic Tank Absorption Fields - stoop :;10pos, slow po.I t1bi l i t.y Sewage Lagoons : S - stoop slopos Sanitary Landfill - Trench : - stoop sl.ones, too clayoy - Area : S - stoop slopes Shallow Excavations - stoop slopes, too clayoy, ..small stone:; Dwellings w/basements : :.; - stoop sig ;jos, hi; h shrink -swell w/o basements . S - stoop slopes, high shrink -swop, low str.ngth Local Roads and Streets : S - stoop slopes, high shrink -:;,v11, low stronhth SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill : Poor - stoop slopos, small :;toms, too clayoy Topsoil : Poor - :;glop :;logos, too clayey, thin layr,r Sand . Unsuitod Gravel Unsuited Roadfill . Poor - :;tr,''p :;1•1r•o. low :;tronr•,tit, il•1� 31iri-::w„ 11 OTHER SOIL FEATURES "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE . NVFSTICAT ION. SOIL CHARACTI:II I S•S Depth to Bedrock Texture /-2 7 `� Surface Subsoil Substratus; Unified/AASHO Classification: Permeability (below 2 feet) Percent Coarse Fragments (gravel, cobble, stone) Soil Reaction (pH) Shrink -Swell Potential Potential Frost Action (rturfaee) Floud Hazard : ,; , i,, Hydrologic Group : c Corrosivity - Steel : h)Th - Concrete : low cltly • }t. iogm _1!7 cl.1y 1or):r cl ly, s.1 1;.../ c:ay loam • CL. Cil; A-4, A-6, A-7 slew U to :, po rcunt 6.e - ni ir1,, r•ut.n DEGREE h KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench - Area Shallow Excavations Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil S and Gravel kondf111 OTHER SOIL FEATURES - :; Iow oti; i 1 it. `I d: )r1 S1onu;• L;) 7 , or. ..1nj,r ., ovr) 7 ,• Loo C•I yo:r O ')n 1 ()In L( ti';,; A` on .;1 nnn ; - too cluyo•: S - high shrink-swolI , low strep -th S - high shrink -swell, low strcn.-th - high shrink -swell, low strength - • Poor - too clayey • Poor - tr o clayey, thin layer : T'nsui ted Nri:: ; trig poor - h rt•ii :hr. rik-:;wo1 1 , low ••t.i'„nt',t,h "ADVANCE COPY SUBJECT TO CHANCE" NOT TO ItE USED 1N PLACE OF ON -SIT i �il� it l int, 3c316 F SOI1. CHARACTERISTICS Depth to Bedrock Texture Surface : to lm Subsoil : l ot:n, c i n :; 1 r,nm Substratum : cl❑v loam, ci,xy, f,ruvolly clay Unified/AASIIO Classification: "'1., 1+1;. -CL, CL; A-4, A-6 Permeability (below 2 feet) : mo,l,rrnto to motloratoly slow Percent Coarse Fragments (gravel, cobble, stone) : 0 to 25 n* rcont Soil Reaction '(pH) : 6.1 - 7.3 Shrink -Swell Potential : mod'3r9te Potential Frost Action (surface) mode rato Flood Hazard : none Hydrologic Group : ii Corrosivity - Steel : hirh - Concrete : moderato DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) 1,1111:1 Septic Tank Absorption Fields , M on s1optl:; to 151,; S on slope:; above Sewage Lagoons : S - stoop sl -;rue Sanitary Landfill - Trench , - :stoop :;1oltit:;, :;'•opa,,:,r : M on s1op,r; to lb.; ;i on :lotus above 1b' - Area Shallow Excavations , M art sloprr:; to 161; 6 on slopos; •th,vtr is' Dwellings w/basements : it7 - low strenr,th; S on slopes above 1h w/o basements : }" - low strength; S on slopes above 150 Local Roads and Streets : M on slonun to - lei% ' low stroni-t, frost action on slopos abovo 15' - stoop slopes SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand travel Rnndf111 OTHER SOIL FEATURES • Fn i.r - too C1 nvoy; Poor on s1otto ; nbovo F 1 r - stoop slopes • Poor on slope:: nbovu Trn su itod lin:; I1it.orl I'n i r or; .. 1 ,tt.,1•1 1. i 1 : - I . 'v .: I, r ..,,.• 1 h • I'r t :1. 1,Linn: poor on .It91.1:. nh,)Vl 1:. "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE II`i1':I) IN 1'I.ACI: (JE (IN-SI1'1: ;•4W;TI(;ATIIIN. - ' 15 c&67 /e6-57.--3 1/J/) ./'-- Yrs KB /Mt /0 D l e/'471144' G/efr wocc,( /1/7 CQr° /rL'`' c' a' ce cY es:Pce_ //2,56 ,7 a ' 4' r' ''fI Q.44-��-r2 5401-2 r Ald-,56) Y-/Cez-t eve c .€(7-7c- s C' Qie &i'7 s i� Ul Cd314,0n/ri eV/ -2 �c.e/1 �� e' ;45 c21.�c//s KKBNA Scarrow Walker Incorporated Consulting Engineers Land Surveyors 1001 Grand Avenue Glenwood Springs Colorado 81601 303 945 8664 • • Leroy E. Tobler Robert D. Scarrow Martin S. Oldford Robert A. Wamsley PARCEL "A" A parcel of land situated in the East Half of the SEa of Section 21, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more par- ticularly described as follows: Beginning at the East Quarter Corner of said Section 21; thence S.00°04'00"E. 675.91 feet; thence N.89°35'57"W. 1326.06 feet; thence N.00°32'19"E. 664.29 feet; thence N.89°53'49"E. 1319.00 feet to the point of beginning, containing 20.34 acres, more or less. Subject to a 50 -foot access easement situated adjacent to and southerly and easterly of the following described line: Beginning at the East Quarter Corner of said Section 21; thence S.89°53'49"W. 1049.00 feet to the True Point of Beginning; thence continuing S.89°53'49"w. 270.00 feet; thence S.00°32'19"W. 664.29 feet to a point of termination. March 24, 1981 KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 KKBNA Scrrow/ Watker Incorporated Consulting Engineers Land Surveyors 1001 Grand Avenue Glenwood Springs Colorado 81601 303 945 8664 • • Leroy E. Tobler Robert D Scarrow Martin S. Oldlord Robert A. Warnsley PARCEL "B" A parcel of land situated in the East Half of the SEQ of Section 21, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more par- ticularly described as follows: Beginning at the East Quarter Corner of said Section 21; thence S.00°04'00"E. 675.91 feet to the True Point of Beginning; thence continuing S.00°04'00"E. 675.90 feet; thence N.89°06'02"W. 1333.22 feet; thence N.00°32'19"E. 664.28 feet; thence S.89°35'57"E. 1326.06 feet to the True Point of Beginning, containing 20.45 acres, more or less. Subject to a 50 -foot access easement situated adjacent to and easterly of the following described line: Beginning at the East Quarter Corner of said Section 21; thence S.63°17'47"W. 1483.47 feet to the True Point of Beginning; thence S.00°32'19"W. 664.28 feet to a point of termination, together with a 50 -foot access easement situated adjacent to and southerly and easterly of the following described line: Beginning at the East Quarter Corner of said Section. 21; thence S.89°53'49"W. 1049.00 feet to the True Point of Beginning; thence continuing S.89°53'49"W. 270.00 feet; thence S.00°32'19"W. 664.29 feet to a point of termination. March 24, 1981 KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 KKBNA Scarrow! Walker Incorporated Consulting Englneora Land Surveyors 1007 Grand Avenue Glenwood Sprngs Colorado 61601 303 945 8664 • • Leroy E. ToOer Robert D. Scarrow Marta S Oldford Robert A. Wamsley PARCEL "C" A parcel of land situated in the East Half of the SEq of Section 21, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more par- ticularly described as follows: Beginning at the Southeast Corner of said Section 21; thence N.00°04'00"W. 675.90 feet to the True Point of Beginning; thence N.88°36'27"W. 1340.49 feet; thence N.00° 32119"E. 664.29 feet; thence S.89°06'02"E. 1333.22 feet; thence S.00°04'00"E. 675.91 feet to the True Point of Beginning, containing 20.56 acres, more or less. Subject to a 50 -foot access easement situated adjacent to and easterly of the following described line: Beginning at the East Quarter. Corner of said Section 21; thence S.45°00'47"W. 1882.58 feet to the True Point of Beginning; thence S.00°32'19"W. 664.29 feet to a point of termination, together with a 50 -foot access easement situated adjacent to and southerly and easterly of the following described line: Beginning at the East Quarter Corner of said Section 21; thence S.89°53'49"W. 1049.00 feet to the True Point of Beginning; thence continuing S.89°53'49"W. 270.00 feet; thence S.00° 32'19"W. 1328.57 feet to the point of termination. March 24, 1981 KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 KKBNA Scarrowi Welke► IncorporatedLandConsultingEngineers 1001 Grand Avenue GIenwoodd 64 Springs Colorado 816.0l 303 • • Leroy E. Tooler Robert D. Scarrow Marlin S. Oldtord Robert A Warnsley PARCEL "D" A parcel of land situated in the East Half of the SEn of Section 21, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more par- ticularly described as follows: Beginning at the Southeast Corner of said Section 21; thence N.88°07'10"W. 1347.85 feet; thence N.00°32'19"E. 664.28 feet; thence S.88°36'27"E. 1340.49 feet; thence S.00°04'00"E. 675.90 feet to the point of beginning, containing 20.67 acres, more or less. Together with a 50 -foot access easement situated adjacent to and southerly and easterly of the following line: Beginning at the East Quarter Corner of said Section 21; thence S.89°53'49"W. 1049.00 feet to the True Point of Beginning; thence continuing S.89°53'49"W 270.00 feet; thence S.00°32'19"W. 1992.86 feet to the point of termination. March 24, 1981 KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 1 Recorded at 9•00 o•clock / . M , FArJE 747 Reception No. 2q74.66 `iC.6 Recorder. £' a/abn geed KNOW ALL MEN BY THESE PRESENTS THAT JOSEF B. HORNIK and EDITH L. HORNIK First Party 9 Rural Drive P.O. Box or Street Address Scarsdale, New York 10583 City State Zip RECORDER SIAT1 Q�Cli6iaT�llf FU AUG4 1978 sff • 12 husband and wife ❑ single person o a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims EDITH L. HORNIK Second Party \, 9 Rural Drive P.O. Box or Street Address Scarsdale, New York 10583 City State Zip tFii; foWfowing desdribed property in the County of Garfield Parcel I ' C9 individually O joint tenancy O tenancy in common ❑ a Colorado Corporation O a Partnership ❑ a Limited Partnership and State of Colorado: EhSE1/4 of Section 21, Township 7 South, Range 89 West of the 6th P.M., more particularly described as follows using Colorado coordinate systems North azimuths: Beginning at the SE corner of said Section 21, thence on an azimuth of 359°56'00", 2703.62 feet to the Et corner of said Section 21, thence on an azimuth of 269°53'49", 1319.0 feet; thence on an azimuth of 180°32'19", 2657.14 feet; thence on • an azimuth of 91°52'50", 1347.85 feet to the point of beginning, containing 82.03 acres, more or less, together with an easement or right-of-way for access and .utility purposes through SE;NE of said Section 21 as such is particularly described in Doc. No 25 5, Book 436 at Page 263 of the Garfield County records. _ with all its appurtenances. (See Reverse Hereof) SIGNED this o{D day of JUL� NO DOCUMENTARY FEE REQUIRED STATE OFNEW YORK COUNTY OF NEW YORK ) ss. AD 197&' if rL. HORN K The foregoing instrument was acknowledged before me this , day of 1971 .by Josef 13. and Edith L. FTornik. Witness my hand and official seal. My commission expires: DNOT1Es • Mirk k makable mime alit% ti _ i,.l.tepw! duel halide pkgs. es easiest ;*mires. . • MJA.0 1,3 Gicitarp s F3uFMCS Notary Putllt, Efate et New York No. 31-46053!5 Qualified In New Yak Cornty Commission Expires Match 30, 119 6. PETRO VMstERMAN & SHELTON P.C. — Forst 2 1 KKBNA Scarrow/Walker Incorporated Consulting Engineers Land Surveyors 1001 Grand Avenue Glenwood Springs Colorado 81601 303 945 8664 • 411 Leroy E. Tobler Robert D. Scarrow Martin S. Oldford Robert A. Wamsley March 31, 1981 Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 ATTN: Ms. Terry Bowman Re: Exemption Map - Mrs. Edith Hornik Dear Ms. Bowman: Enclosed please find exemption documents for Mrs. Edith Hornik. Please send a written statement for the re-application fees, so I can forward this information to Mrs. Hornik. If you need additional information, please call at your convenience. JAB/kld Enclosure Thank you, ohn A. Baxter, L. Survey Manager APR 2 1991 GARFIELD co PURIM GARFIELD COUNTY PLANNING DEPARTMENT GLENW❑❑D SPRINGS, COLORADO B16❑1 2014 BLAKE AVENUE PHONE 945-8212 April 14, 1981 Mr. John Baxter KKBNA 1001 Grand Ave. Glenwood Springs, CO 81601 RE: HORNIK EXEMPTION Dear Mr. Baxter: I am writing to inform you that your exemption application has been scheduled with the County Commissioners on May 4, 1981 at 11:00 A.M. Fees for this exemption request are $130.00. If you have any questions, please contact me at this office. Sincerely, Terry L. Bowman Assistant Planner TLB /b f IN TETE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 80CW98 IN WVA'I'I'.R COURT hiviyiuu No. 5 AUG 2 it 19(30 STATE OF COLORADO Y:Al Lit r ;fir .rte t!Y Dt Pu l`) IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF EDITH HORNIIK ) RULING OF REFEREE IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES ) TRIBUTARY INVOLVED: FOUR MILE CREEK ) IN GARFIELD COUNTY ) The above entitled application was filed on April 30, 1980, 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 8th day of May, 1980 in accordance with Article 92 of Chapter 37, Colorado Revised Statues 1973, known as The Water Right Determina- tion and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the ap- plication 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 Horni/k Well No. 1. 3. The name of the claimant and address is: Edith Horni¢k; 9 Rural Drive; Scardsale, New York. 4. The source of the water is a well having a depth of 300 feet and being tributary the Colorado River. 6. The well is located in the NE1/4SE1/4 of Section 21, T.7S., R.89W. of the 6th P.M., at a point 1,800 feet North of the Southiine and 250 feet West of the East line of said Section 21. 7. The date of initiation of appropration is August 2, 1979. 8. The amount of water claimed is 0.033 cubic foot of water per second of time, conditional. 9. On August 2, 1979, Permit No. 109228 was issued by the Office of the State Engineer, subject to the following "conditions of aTp proval": ►,"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 i another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. Approved pursuant to CRS 1973, 37-92-602 (3) (b) (II) as the only well on a tract of 35 acres or more designated as 40 acres in NE1/4SE1/4, Section 21, T.7S., R.89W. of the 6th P.M. Approved for domestic use, including the irrigation of not over one acre of home gardens and lawns. 10. The well has not been completed and the water has not yet been diverted and applied to beneficial use. • • The Referee does therefore conclude that the above entitled ap- plication should be granted and that 0.033 cubic foot of water per second of time with appropriation date of the August 2, 1979, is hereby awarded conditionally to E3ornik Well No. 1, for domestic, household purposes, livestock water, fire protection and lawn and garden irrigation purposes, provided always that said 0.033 acre foot of water is on the condition that said quantity of water be ap- plied to a beneficial use within a reasonable time. The above described underground water right meets the criteria for an exempt domestic well pursuant. to C.R.S. 1973, 37-92-602 (1) (b), so long as it is used for the purposes set forth herein, and by statute, and subject to the "conditions of approval" of the Permit as set forth in paragraph 9 above. Application for a Quadrennial Finding of Reasonable Diligence shall be filed in August of 1984 and in August of every fourth cal- endar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant Lo Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the city of Glenwood Springs, Colorado, this %� day of f%Ur v.{ , 19a. !• . E • , te:. wr, fig ,:' .,� : ni.> _,. BY THE REFEREE Wr Referee Water Division No. 5 State of Colorado IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO F I L E D IN' WN1'ERt COURT 1)ivi.iun No. 5 / I.=2 j19.O STATE OF COLORADO -•^ \'!fit?: li C:-�RK� Application No. 80CW9E3 (�.'<c..... ire tr IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF EDITH IIORNItK ) ) RULING OF REFEREE IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES ) TRIBUTARY INVOLVED: FOUR MILE CREEK IN GARFIELD COUNTY ) The above entitled application was filed on April 30, 1980, 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 8th day of May, 1980 in accordance with Article 92 of Chapter 37, Colorado Revised Statues 1973, known as The Water Right Determina- tion and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the ap- plication 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 Uornifk Well No. 2. 3. The name of the claimant and address is: Edith llor.ni/k; 9 Rural Drive; Scardsale, New York. 4. The source of the water is a well having a depth of 300 feet and being tributary the Colorado River. 6. The well is located in the SE 1/4SE 1/4 of Section 21, T. 7S. , R.89W. of the 6th P.M., at a point 1,000 feet North of the Southline and 800 feet West of the East line of said Section 21. 7. The date of initiation of appropration is August 2, 1979. 8. The amount of water claimed is 0.033 cubic foot of water per second of time, conditional. 9. On August 2, 1979, Permit No. 109229 was issued by the Office of the State Engineer, subject to the following "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. Approved pursuant to CRS 1973, 37-92-602 (3) (b) (II) as the only well on a tract of 35 acres or more designated as 40 acres in SE1/4SE1/4, Section 21, T.7S., 12.89W. of the 6th P.M. Approved for domestic use, including the irrigation of not over one acre of home gardens and lawns. 10. The well has not been completed and the water has not yet been diverted and applied to beneficial use. • • The Referee does therefore conclude that the above entitled ap- plication should be granted and that 0.033 cubic foot of water per second of time with appropriation date of the August 2, 1979, is hereby awarded conditionally to Horni/k well No. 2, for domestic, household purposes, livestock water., tare protection and lawn and garden irrigation purposes, provided always that said 0.033 acre foot of water is on the condition that said quantity of water be ap- plied to a beneficial use within a reasonable time. The above described underground water right meets the criteria for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602 (1) (b), so long as it is used for the purposes set forth herein, and by statute, .and subject to the "conditions of approval" of the Permit as set forth in paragraph 9 above. Application for a Quadrennial Finding of Reasonable Diligence shall be filed in August of 1984 and in August of every fourth . cal- endar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the city of Glenwood Springs, Colorado, this day o f /4FI t15 7' , 1980. 13Y THE REFEREE War Referee r=4/,S1: Water Division No. 5 1 State of. Colorado r'telta, 4.6." Y- • ' ,4046,1640,Me4,13.,619-A,WegealAttagg, - EXEMPTION MAP SECTION 2 1 gar.7S.IR.89W. OF THE 6th P.M. GARFIELD COUNTY, COLORADO / v V thk).E.E1- / 270'A $ ';4/ /3/9, ao- FpW;CAE E ADA RC E L 1; ,/ / (5'5". HE - ,,,c34PCEL LOCAnc).,A./ zo;45 -2/c. 2-4 5 .5.9°,c'e_)211E- \91 _SW 5E1 - 4c • -t /c9/4=7,5E2:2) L.CDC.4770/1/ /32c-3. 449 1-FeuE-- Ft:Di LIT (DP- JIMGI kik') ioDAIEL "C. /C:4/RCE.L IL-)// 2C) G, 7 4c. 14- Fr_DI NAT /34' 2555 / c5:6" °CD?' '/C) Ccprzz. E 1=2. c;F". se. L sEc-. 4 NOTE: Map Prepared from Deeds of Record. No Field Survey. VICINITY t'_44P SCALt I"- Fpcx,1 TRUE F -DI CFRCL "E - E3E.G1 INJ I N4 w (j 5EC.z a „5-cALE-us.50c)' PREPARED FOR: MRS. EDITH HORNIK 9 RURAL DRIVE SCARSDALE,NEW YORK 10583 2 / PREPARED BY: KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 • •