HomeMy WebLinkAbout1.0 Application• •
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 September 1,
1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the wt -iia
respectfully
petitions the Board of County Commissioners of Garfield County, Colorado, to
exempt by resolution the division of / — f.7C, acre tract of land into
tracts of approximately /5_,A, 5-436,67 acres each, more or less, and
which tract to be subdivided is more particularly described as follows:
(legal description - attach separate sheet
if additional space is required)
from the definitions of "subdivision" and "subdivision 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:
In support of this petition, the petitioner also submits the following:
(a) Map drawn to scale showing proposed
lot subdivision and access
(b) Copy of deed
(c) Vicinity Map
(d) Statement on source of domestic water
(e) Statement on method of sewage disposal
(f) 100 year floodplain information where
live stream crosses or adjoins said tract
(g) Fee in the amount of $ Ota
Submitted at Glenwood Springs, Colorado, this)7,`,yday ofd , , 19/'.
E01717, 60
Petitioner
cr
Mai"linq Addre s
?', ',T/ - /) ,77 /4,-
lac/k
Telephone Number
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REVISED LEGAL DESCRIPTION OF 13.31 ACRE
TRACT AS SHOWN ON ACCOMPANYING BOUNDARY SURVEY
A tract of land contained within the SE 1/4 of Section
19, and the NE 1/4 of Section 30, Tp. 4 S., R. 91 W.
of the 6th P.M., being a portion of H.E.S. No. 183
and H.E.S. No. 61, lying Northerly of County Road
245, more particularly described as follows:
Begining at Corner No. 1 whence the stone marking
Corner No. 2 of H.E.S. No. 183 bears N. 52 13' W.
1820.00 feet; thence S. 37 47' W. 580.00 feet to
Corner No. 2; thence S. 07 13' E. 220.00 feet to
Corner No. 3; thence S. 37 47' W. 626.42 feet to
Corner No. 4 on the Northerly R.O.W. line of County
Road 245; thence Southerly along said County Road
R.O.W. (30 feet from and parallel to the centerline),
S. 47 07' E. 123.38 feet; thence along the arc of a
curve to the right, having a central angle of 32 16', a
length of 103.02 feet and a radius of 184.94 feet;
thence S. 14 51' E. 57.31 feet; thence along the arc
of a curve to the left, having a central angle of 14
54'30", a length of 89.30 feet and a radius of 343.21
feet to Corner No. 5; thence leaving said R.O.W.
line, N. 37 47' E. 1488.96 feet to Corner No. 6,
which is on the line between Corners No. 2 and 3 of
H.E.S. No. 183; thence along said line N. 52 13' W.
495.95 feet to Corner No. 1, the point of beginning,
containing 13.31 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
• •
TRACT OF LAND LYING SOUTHERLY
FROM THE 13.31 ACRE TRACT
A tract of land contained within the SE4 of Section 19,
the NE4 of Section 30 and the NW4 of Section 29, all in
Tp. 4 S., R. 91 W. of the 6th P.M., being a portion
of H.E.S. No. 183 and H.E.S. No. 61, lying
Northerly of County Road No. 245, more particularly
described as follows:
Beginning at a point on the Northeasterly line of
H.E.S. No. 183, whence the stone marking Corner No. 2
of H.E.S. No. 183 bears N. 52 13' W., 2315.95 feet;
thence S. 52 13' E. 937.53 feet, along said
Northeasterly line to the most Northerly corner of that
tract of land described in Document No. 216784 of the
Garfield County records; thence along the line
described in said document, S. 03 16' W. 268.36 feet;
thence S. 63 14' W. 188.61 feet; thence S. 28 24' W.
114.91 feet; thence S. 33 08' W. 267.20 feet; thence
S. 08 22' E. 361.17 feet to the South line of H.E.S.
No. 183; thence along said South line to the Northerly
right-of-way line of County Road No. 245; thence along
said Northerly right-of-way line in a Northwesterly
direction approximately 1360 feet; thence N. 37 47' E.
1488.96 feet to the point of beginning, containing
approximately 31 acres.
COUNTY OF GARFIELD
STATE OF COLORADO
RICHARD D. LAMM
Governor
•
•
OCT 1519
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street - Room 818
Denver, Colorado 80203
Administration (303) 839-3581
Ground Water (303) 839-3587
October 10, 1979
Mr. Ray Baldwin, Director
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Lopez Exemption
Dear Mr. Baldwin:
W. R. SMITH
Acting State Engineer
We have reviewed the material submitted for the above
referenced application for exemption. The developer pro-
poses to use wells for the water supply which would inter-
cept ground water tributary to Elk Creek at a point where
there is still water available for appropriation. This
office can issue individual domestic well permits to indi-
vidual lot purchasers and we recommend approval of the
Lopez Exemption.
JAD/GDV:mvf
cc:
ery truly yours,
•
Jeris A. Danielson
ty State Engineer
Lee Enewold, Div. Eng.
Ralph Stallman
Land Use Comm.
• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD CONTY, 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 September 1, 1972, and amended April 14, 1975,
Section 1.02.17(d) and 3.02.01, the undersigned Edward T. Lopez
and Cora J. Lopez respectfully petition the Board of County
Commissioners of Garfield County, Colorado to exempt by
resolution the division of one one -hundred acre tract of land,
more or less, into three tracts of approximately 13.31, 56 and
30.69 acres each, more or less, situate in the County of
Garfield, State of Colorado, which tract to be subdivided is more
particularly described as follows, to -wit;
All that portion of H.E.S. No. 1 and all that portion
of H.E.S. No. 183, Tp. 4 S., R. 91 W. of the 6th
P.M., lying Northerly of the County Road as it existed
on June 25, 1970, EXCEPT that portion of said H.E.S.
No. 183 conveyed by deed recorded as Doc. No. 216784,
described as follows:
Beginning at Corner No. 3 of said H.E. Survey 183
from which the corner to Sections 19 and 30, Tp. 4 S.,
R. 91 W., 6th P.M. and Sections 24 and 25, Tp. 4 S.,
R. 92 W., 6th P.M., bears N. 84 32' W. 5664.01 feet;
thence S. 37'54' W. 1021.20 feet aong the Southerly
line of said H.E. Survey No. 183; thence N. 8 22' W.
361.17 feet; thence N. 33"08' E. 267.20 feet; thence
N. 28° 24' E. 114.91 feet; thence N. 63" 14' E.
188.61 feet; thence N. 3°16' E. 263.36 feet to a
point on the Easterly line of said H.E. Survey No.
183; thence S. 52° 13' E. 373.88 feet along the
Easterly line of said H.E. Survey No. 183 to said
Corner No. 3. Also one-half interest in all gas, oil
and mineral rights.
from the definitions of "Subdivision" and "Subdivided land" as
the terms are used and defined in C.R.S. 1973, Section 3-28-101
• •
(a) and the Garfield County Subdivision Regulations.
The petitioners desire to obtain in their name only the
following described subdivided parcel of land, containing
approximately 13.31 acres, more or less, situate in the County of
Garfield and State of Colorado, more particularly described as
follows, to -wit:
A tract of land contained within the SW 1/4 of Section
19, and the SW 1/4 of Section 30, Tp. 4 S., R. 91 W.
of the 6th P.M., being a portion of H.E.S. No. 183
and H.E.S. No. 61, lying Northerly of County Road
245, more particularly described as follows:
Begining at Corner No. 1 whence the stone marking
Corner No. 2 of H.E.S. No. 183 bears N. 52° 13' W.
1820.00 feet; thence S. 37° 47' W. 580.00 feet to
Corner No. 2; thence S. 07`13' E. 220.00 feet to
Corner No. 3; thence S. 37°47' W. 626.42 feet to
Corner No. 4 on the Northerly R.O.W. line of County
Road 245; thence Southerly along said County Road
R.O.W. (30 feet from and parallel to the centerline),
S. 47`' 07' E. 123.38 feet; thence along the arc of a
curve to the right, having a central angle of 32°16', a
length of 103.02 feet and a radius of 184.94 feet;
thence S. 14`51' E. 57.31 feet; thence along the arc
of a curve to the left, having a central angle of 14'
54'30", a length of 89.30 feet and a radius of 343.21
feet to Corner No. 5; thence leaving said R.O.W.
line, N. 37"47' E. 1488.96 feet to Corner No. 6,
which is on the line between Corners No. 2 and 3 of
H.E.S. No. 183; thence along said line No. 52'13' W.
495.95 feet to Corner No. 1, the point of beginning,
containing 13.31 acres, more or less.
The petitioners desire to subdivide the above described
parcel of land for the following reasons: The Petitioners
currently own said parcel of land as joint tenants with their
relatives, Richard M. Lopez and Patty C. Lopez. The
petitioners desire to construct a residence for their own use on
the 13.31 acres described above, and cannot obtain financing for
the construction unless they own the property in their own names.
The petitioners would be entitled to a court-ordered partition
of the entire parcel, but desire to retain their interest as
-2-
• •
joint tenants in the remaining two parcels. This property has
never been subdivided before. It is anticipated by the owners
that the remaining parcels shall continue to be used for
agricultural purposes.
In support of this petition, the petitioners also submit the
following: (a) map drawn to scale showing proposed lot,
subdivision and access; (b) vicinity map; (c) statement on
source of domestic water; (d) statement on method of sewage
/24'
disposal; (e) fee in the amount of ,moi8-
Submitted this", jj day of September, 1979.
Address of petitioners:
1170 Linda
Box 105
New Castle, CO 81647
876-2732
Edward P. Sands #8459
Attorney for Petitioners
Box 1969, Rifle, CO 81650
625-3989
• •
STATEMENT ON SOURCE OF DOMESTIC WATER
AND SEWAGE DISPOSAL
The petitioners have an adjudicated water right of 0.50
cubic feet of water per second of time with an appropriation date
of July 4, 1974, as more fully described in the Ruling of the
Referee of the Water Court attached hereto. This water right has
been awarded by the Court for irrigation, domestic and livestock
water purposes. It is the intention of the petitioners to use
this water right at their domestic water source upon completion
of a dwelling upon the 13.31 acre parcel to be subdivided. It is
the further intention of the petitioners to construct a septic
tank disposal system for the purposes of sewage disposal upon
construction of their dwelling place.
• •
IN THE DISTRICT COURT IN AND t r 1 I._
FOR WATER DIVISION NO. 5 iiN
►),vi,,„,u
STATE OF COLORADO J.1_ 1
Application No. W-2668 �LC,
WAI: .H Cl. r.
IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF EDWARD Ty
DYTY
LOPEZ AND RICHARD M. LOPEZ
IN THE COLORADO RIVER
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: WEST ELK CREEK
IN GARFIELD COUNTY
RULING OF REFEREE
The above entitled application was filed on March 18, 1975, and
was referred to the undersigned as Water Referee for Water Divi-
sion No. 5, State of Colorado, by the Water Judge of said Court
on the 2nd day of April, 1975, in accordance with Article 92 of
Chapter 37, Colorado Revised Statutes 1973, known as The Water
Rights Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as
are 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 fol-
lowing 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 Lopez Spring and Pipeline.
3. The name of the claimant and address is Edward T.
Lopez and Richard M. Lopez; 103 27th Place; P.O. Box 933;
Idaho Springs, Colorado.
4. The source of the water is a spring located on a,
unnamed tributary of West Elk Creel, tributary to Elk Creek, tribu-
tary to the Colorado River.
5. The spring is located in the SES WI; of Section 19,
T.4S, R. 91W of the 6th P.M. at point whence the Southwest Corner
of said Section 19 bears S.37° 15W. 4,170 feet.
6. The use of the water is irrigation, domestic and live-
stock water.
7. The date of initiation of appropriation is July 4, 1974.
8. The amount of water claimed is 0.5 cubic foot of water
per second of time, conditional.
9. The pipeline has not yet been constructed and the water
has not yet been applied to beneficial use.
10. The applicant intends to construct a collection box and
install a 3 inch diameter pipeline from the spring to the place
of use.
4 i
11. The water will he used to ir_r.is;ate 15 acres of the
applicant's land, and will be used as the domestic water for n
residence.
The Referee does therefore conclude that the above entitled
application should be granted and that 0.50 cubic foot of water
per second of time with appropriation date of July 4, 1974,
is hereby awarded conditionally to the Lopez Spring and Pipeline
for irrigation, domestic and livestock water purposes, provided
alwar that said 0.50 cubic foot of water per second of time is
on the condition that said quantity of water be applied to a
beneficial use within a reasonable time; subject, however, to
all earlier priority rights of others and to the integration and
tabulation by the Division Engineer of such priorities and changes
of rights in accordance with law.
Application for a quadrennial finding of reasonable diligence
shall be filed in July of 1979 and in July of every fourth calen-
dar year thereafter so long as claimant desires to maintain this
conditional water right or until a determination has been made
that this conditional water right has become an absolute water
right by reason of the completion of the appropriation.
It is accordinaly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, sub-
ject 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
ZZhddayof
L197j•
No protest r'as filed in this ratter
The foregoing ruling is confirmed
and approved, and is made the
Judgment and Decree of this court.
?- /97s
Dated:
svtirtV
I'
BY THE REFEREE:
a
Re eree
Water Division No. 5
State of Colorado
