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HomeMy WebLinkAbout4.0 BOCC Staff Report 11.04.1991BOCC 11/4/91 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Eastbank Commercial Center Preliminary Plan OWNER: Wayne Rudd and John Stanford LOCATION: A parcel of land located in Government Lots 9 and 18, Section 1, T7S, R89W of the 6th P.M.; located off C.R. 154 just west of the intersection with Highway 82 opposite the CMC turnoff. SITE DATA: The site consists of 3.9 acres. WATER: Individual well. SEWER: Individual Sewage Disposal System. ACCESS: Existing and proposed driveway. EXISTING AND ADJACENT ZONING: CIL (Commercial Limited). I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District D - Rural Areas with Moderate Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject properly consists of an excavated and graded building site located west of and below the Highway 82 and C.R. 154 intersection. The site is currently developed with two (2) buildings separated by a vacant building pad. The remainder of the property is occupied by landscaping, driveways and parking areas. B. Project Description: The applicants are proposing to split the subject property into three (3) lots of 1.06, 1.1 and 1.7 acres in sizes (see enclosed text and plat). C. Background: In 1990, the applicants obtained a Special Use Permit to allow for the construction of two (2) buildings intended for storage. The first building was constructed last year at the north end of the subject property and operated as "File Finders", an office records storage facility. The second "storage" building has not been constructed to date. A second generic commercial lease building was constructed at the south end of the property in early 1991. This building is currently leased to service commercial and contracting business. In May, staff became aware that the applicants had split the subject property into three (3) separate parcels in violation of the Subdivision Regulations. In response to staff's concerns, the applicants have filed a sketch plan application towards the goal of legally subdividing the property. In July, the applicants submitted a sketch plan application to the Planning Commission. Concerns included the shared wastewater system and its conflict with zoning, adequacy of water and the adequacy of access. The preliminary plan is substantially the same as the sketch plan. III. REVIEW AGENCY COMMENTS A. Colorado Division of Wa ter Resources: Existing well is appropriately permitted for proposed uses. (see letter on page S ). B. Colorado Department of Health: Concerned about the potential for contamination of I.S.D.S. from various commercial uses. Concerned about potential for groundwater contamination. C. Colorado Division of Wildlife: No wildlife concerns. D. Colorado Geological Survey: No major geologic hazards exist on the subject property (see letter on page (9 ). IV. MAJOR ISSUES AND CONCERNS A. Water: There is currently a permitted well on the property. According to the D.W.R. letter, the permit can accommodate up to three separate buildings compliant with the proposed lot configuration. No well sharing or maintenance agreements have been proposed. Blanket utility easements have been proposed to include water lines. B. Wastewater: The applicants are proposing to service the three (3) lots from an existing I.S.D.S. located on lots 1 and 2. This arrangement presents concerns to staff. The concept of a shared wastewater system is discouraged. The potential for conflicts with differing ownership interests is great. In addition, Section 5.04.03 of the Zoning Resolution requires a minimum of two (2) acres for parcels with I.S.D.S. and indi vidual wells. Parcels of] to 2 acres are allowed if domestic water is provided from an approved central source. An individual well is not considered an approved central source unless designated by Colorado Department of Health. One form of relief from this regulation is to pursue a Variance. C. Roads: There are currently two (2) access points proposed to the subdivision. One driveway, permitted by County Road and Bridge, accesses directly onto C.R. 154. The northern driveway accesses the County road via an adjacent private access easement. This is not a dedicated easement or County approved driveway. Obtaining an easement and driveway permit should be required as a prerequisite to Final Plat approval. No specific standards have been specified for interior roads. The proposed roadway would need to be designed in accordance with recently adopted road standards. The design capacity will be based on a vehicle per day count using I.T.E. Trip Generation standards. D. Utilities: Gas, telephone and electric utilities are currently available to the property line. E. Drainage: There is currently a stormwater retention basin on the site. According to the drainage report, additional retention capacity will be required. An engineered design and improvement plans will be required prior to the approval of a final plat. F. Fire Protection. No specific fire protection improvements are being proposed. The Carbondale Rural Fire District has not commented on the subdivision proposal. They have consulted with the Building Department on the design for both of the existing buildings. G. Zoning: Because of the lack of a central water system and the parcel size of less than two (2) acres, the subdivision proposal conflicts with the Zoning Resolution. Options include obtaining a Variance or a designation of the water system as a "community system" by the Colorado Department of Health. V. SUGGESTED FINDINGS A. That proper publication, public notice and posting were provided as required by law for the hearing before the Board of County Commissioners; and B. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing; C. That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County; D. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution; and E. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted and, in addition, have been found to meet all requirements of the Garfield County Subdivision Regulations. VI. RECOMMENDATION At their meeting of October 9, 1991, the Planning Commission unanimously recommended approval of the application, subject to the following conditions: 1. All representations of the applicant, either within the application or stated at the public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise stated by the Board of County Commissioners. 2. The applicant shall resolve the conflict between lot size and wastewater disposal method by obtaining a Variance or a designation as a community water system by C.D. of H. prior to the approval of a Final Plat. 3. The applicant shall establish a Property owner's association. The property owner's association shall be incorporated in accordance with Colorado Revised Statutes. The property owner's association shall be responsible for ownership and maintenance of all common facilities to include, but not limited to; water, sewer, utility drainage and road facilities. Protective covenants shall be prepared and reviewed prior to the approval of the Final Plat. 4. The applicants shall prepare and submit a subdivision improvements agreement, addressing all on and off-site improvements, prior to the approval of a Final Plat. 5. The applicants shall submit improvements plans for all road, drainage and utility improvements prior to the approval of a Final Plat. 6. All future utilities placed by the applicant shall be placed underground. 7. The applicants shall revegetate and/or landscape all disturbed areas of the property where said activity is not precluded by other encumbrances. 8. The applicant shall submit plans and specifications for additional stormwater retention facilities as required by the drainage report. 9. All required permits from the Road and Bridge Department shall be obtained prior to the approval of the Final Plat. 10. All roadways shall be designed and constructed in conformance with design standards set forth in the County Subdivision Regulations and in place at the time of submittal of the Final Plat. 11. The protective covenants shall address the prohibition of introducing contaminants into the wastewater system. This shall also be included as a plat note. 12. The following plat notes shall be included on the Final Plat: a) Facilities common to each lot include water, sewer drainage and utility improvements. Use and maintenance are regulated by restrictive covenants. b) A blanket utility easement encumbers the entire subdivision. c) Contaminants may not be introduced into the wastewater system. RO ' ROMER Governor t OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Slreel-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX 13031 866-3580 July 10, 1991 Mr. Andrew McGregor Garfield County Regulatory Office and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Eastbank Commercial Center NE 1/4, SE 1/4, Section 1, '1'7S, 1189W, 6'1'11 PM Division 5, District 38 U • JERIS A. DANIEI SON Slalo Engineer D Pi ,I �-1i�i,, iq` JUL 1 8 1991 1\__ `GARFIELIJ L,uuINTY Dear Andrew, We have reviewed the above referenced proposal for comments on a sketch plan submittal for the commercial center. Currently there are two existing buildings and one proposed building. The proposed water supply for the three buildings is an existing well, Pet -mit Number 37778-F. This well is permitted for fire protection, commercial purposes and irrigation of not more than 0.08 acres (3,200 square feet) of lawns. If the applicant proposes these uses of the well for the complex, we can recommend approval of this plan. Should you have further questions regarding this submittal, please contact this office. JTS(f)/clf:eastbank cc: Orlyn Bell, Division 5 Engineer Joe Bergquist, Water Commissioner, District 38 Bruce DeBrine Sincerely, IMP app-ndRL., aY dy T. Sappington Water Resource Engineer ROY R. ROMEO GOVERNOR 1'1 11100 F_co N RI( \U G 27 1991 y� I 1876,%` COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL 81111_DING .- 1313 SHIERMAN STREET DENVER, COLORADO 80203 PIIONE (303) 1166 2611 O L. August 22, 1991 GA -92-0001 Andrew McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Bastbank Commercial Center til I1I I► ►� IUIIN W.110111 11111GC)UN Dear Sir: We have reviewed the preliminary plan, drainage report and geologic investigation for this subdivision. Minor geologic conditions affecting the site include: swelling soils, slope stability, flooding, and the potential for radon gas. Site geology consists of thin alluvial fans overlying a thicker gravel terrace. The gravel sequence is of an undetermined depth, but should be thick and compacted enough for commercial building stntctures. Site specific soils testing for foundations should include swelling soils tests if any clayey material is discovered. Slope stability problems on site are minimal. Off site there is a moderate rockfall hazard in the red cliffs across Hwy 82 north of the site. The highway and railroad should intercept any rock features that project toward this site. South and west of the site, shallow bluffs over the Roaring Fork River should have setback determinations for buildings. Erosion from the slope -to the river does not endanger this site as it is too far away. Flood drainage from both the Roaring Fork River and the red cliffs area seem to be covered in the Drainage Study by Tim Beck. The moderate slope onsite should help drainage toward the river. Flood information from the Roaring Fork River may be obtained from the Colorado Water Conservation Board. No radiation survey was conducted for this site. We recommend testing for radon for all proposed structures. Radon -reduction building techniques should be implemented if any radon accumulation is observed. tp G E 0 L Y STORY OF 111E PAST... KEY TO TI IE FUTURE J Garfield County Planning Department August 22, 1991 Page 2 is If the recommendations outlined above and those of the consultant geologist are followed, then we have no objection to the approval of this subdivision. Sincerely, Christopher J. Carroll Engineering Geologist BOCC 11/4/9 I PROJECT INFORMATION AND STAFF COMMENTS PROPOSAL: Conditional Use Permit for Water Impoundment APPLICANT: Redstone Corporation LOCATION: Tract of land located in portions of Section 31, T7S, R89W and Section 36, T7S, R9OW of the 6th P.M.; more practically described as a tract of land located approximately two (2) miles west of Ski Sunlight off of the Forest Service road on the old Sawmill property. SITE DATA: The site consists of 114.76 acres. WATER: None SEWER. None ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREIIENSIVE PLAN The subject property is in an area that is partially in District D - Rural Areas with Moderate Environmental Constraints and undesignated lands in the Garfield County Comprehensive Plan Management Districts Plan. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property has Four Mile Creek and associated bottom lands running through the middle of the property. B. Project Description: The applicant proposes to enlarge the existing reservoir and build an additional reservoir to provide water storage for the Oak Meadows Subdivision. The two reservoirs will have a combined surface area of approximately 3.7 acres (see enclosed pages / b — I S ). The applicant has stated that the proposed dams are not subject to State Division of Water Resources, State Engineers jurisdiction. The water rights associated with these facilities is for the Martin Reservoir, which is a conditional water right for 282.67 ac./ft. with an appropriate date of April 9, 1966 (see enclosed pages I (n 11010 8 III. MAJOR ISSUES AND CONCERNS A. Zoning: Any water impoundment or combination of water impoundments with a surface area of one (1) acre or more on a single tract of land is required to get a Conditional Use Permit in the A/R/RD Zone District. IV. SUGGESTED FINDINGS 1. That an application was submitted as required by the Garfield County Zoning Resolution of 1978, as amended. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, welfare, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Approval of the proposed water impoundments. • q REQUIREMENTS FOR CONDITIONAL USE PERMIT 1. Plan diagram of proposed new structure attached. Memorandum specifying construction methods attached. Construction will require approximately three weeks, depending on weather conditions. Construction activities will be limited to approximately 8 hours per day between 7:00 AM and 5:00 PM, 5 to 6 days per week. During construction, 1 to 6 vehicles per day will be required. After construction, only irregular maintenance and inspection trips will be required. Except for the impoundment structure as shown on the attached, no structures are involved. 2. Not applicable. 3. A vicinity map is attached. 4. Not applicable. 5. Assessor's map showing property is attached. A listing of all adjoining property owners is attached. 6. Base fee of $250 is included with this submission. 7. Proof of property ownership is attached. To: From: Subject: Psi C �zt� s ( s .fi c -f tr- C.Y13 12esevvoirs ate.. 5..14/ Mill erae-e-.-f Gil Geer J. A. Reeves Construction of non -jurisdictional, off channel reservoir and enlargement of existing reservoir at saw mill property located in Fourmile Creek area. Date: October 24, 1991 Per our conversation today, I am enclosing a sketch showing the location of the proposed enlargement of Martin Alternate No. 1 Reservoir and the location of a new reservoir to be located down- slope from the Martin Alternate No. 1 reservoir. The following criteria work: 1. All top soil and organic material should be removed from the dam and reservoir area prior to construction of the dam. This top soil should be stored in a separate pile. 2. A key trench should be dug in the area beneath the dam and on the center line into undisturbed clay. This depth shall be a minimum of four feet deep and a dozer blade in width. 3. The dam will be of homogeneous construction, that is, the material for building the dam will come from the excavation made for the reservoir containment. 4. The slope of the dam on the water containment side (upstream slope) shall be no steeper than a 3 to 1 slope. 5. The slope of the dam on the exposed side (downstream slope) shall be no steeper than a 2 to 1 slope. 6. A 10 or 12 inch diameter pipe shall be located on the bottom of the dam, approximately level, to drain the water from the dam. A valve will be located as shown on attached sketch. 7. All boulders bigger than 6 inch diameter should be "worked - out" of the fill material, as these boulders will affect compaction. These boulders may be saved for later use to place at the high water line on the dam to prevent erosion caused from wave action. 8. A 50 foot separation of undisturbed soil shall be left between the two reservoirs. 9. The spill way will be constructed so water depth will not exceed 10 feet from the lowest point on the discharge pipe at a point on the center -line on the crest width of the dam. 10. The dam will be constructed so that freeboard will be no should apply for performing the above less than 3 feet. More freeboard can be added if necessary to get rid of fill material. 11. Soil shall be compacted in 6 inch compacted layers as the dam is constructed to assure adequate density. 12. The width of the top of the dam (crest width) shall be approximately 15 feet or dozer width wide. 13. Every effort will be made to maximize the amount of water to be stored in the dam and be compliance with the above. 14. The spillway will be about 15 feet wide and located so as to drain in the drainage creek. 15. The disturbed area shall be reseeded with dry land, high altitude grass. MAXIMUM EMBANKMENT HEIGHT A VERTICAL. HEIGHT ';g mum • � d Pi t4 F4 t4 CD En or4• �• pipi r4zco Oyu H H►-1Ou) r� Z70/ . tll 0 O c 0 a • n1 CO 'sr)otoll67.0*/ • 0 0 b1 P 0E ��_id�n x �W 3 t 1 1 ' HU 4 P.4 J N y� r' '4 10 i m 1-i �n 14 X o,4 ;,. ri C � .dli c t= O i 0 til i.i 13 O 0 c:) • O .►' 1 r1 AICni4#d 1 ��I�;d Ai 0 nCip��� 1 ►-1, 3 cn ['1t1 C U tl / \,____------ ,.• 1 t...ft,V----"'"--- . ;Tr 4 --.7N DISTRICT COURT, WATER DIVISION N0. 5, COLORADO Application No. 84CW153 RULING OF REFEREE IN THE MATTER OF THE ORK RIVER, ORCITSON FOR WATER TRIBUT RIES.RIGHTS OF TRIBUTARYREDSTONE CORPORATION. INVOLVED: FOUR MILE IN THE ROARING F CREEK, IN GARFIELD COUNTY The above entitled Application was filed on May 30: 1984: and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado,1984,1 by the Water Judge of said Court on the 28th day of June,n accordance with AtDeterminatlonaandrAdministratlonRevised of Statutes 1973. known as The Water Right 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 hereby fully make theadvised followingrdetennlnatlon andect to the JRul1 gmatter the the Application does Referee in this matter, to -wit: 1. The statements in the Application are true. 2. The name of the structure is Martin Reservoir. 3. The source of the water for the Martin Reservoir Is Four Mile Creek, a tributary to the Roaring Fork River. 4. The name of the Claimant and its address is: Redstone Corporation; P. 0. Box 790; Glenwood Springs, Colorado; 81602. 5. The original point of diversion for said water right is an in -channel reservoir located as follows: The initial point of survey of the high water line of the Martin Reservoir is located at a point whence the witness corner for the West Quarter corner of Section 31. T. 7 S., R. 89 W. of the 6th P.M. bears S. 89°28'45' W., 3,415.27 feet. 6. On November 5, 1971, in Civil Action No. 5884. the Garfield County District Court awarded to the Martin Reservoir a conditional water right for the in -channel sdomestic, and otheracre feet from beneficialuses.Four withManeCreek to be appropriationused datefor of irrigation, domes , April 9, 1966. - Ito DISTRICT COURT, WATER DIVISION N0. 5, COLORADO Application No. 84CW153 RULING OF REFEREE N THE ARINGMATTER F RK RIVER, ORAPPLICATION TRIBUTARIES,RIGHTS TRIBUTARYRINVOLVED: FOUR MILE IN THE ROARING CREEK, IN GARFIELD COUNTY The above entitled Application was filed on May 30: 1984: 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 28th day of June, 1984, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973. known as The Water Right 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 make tllsed with followlrgrdete determination andect to the ject Rulingtasrof the theApplication does hereby e Referee 1n this matter, to -wit: 1. The statements in the Application are true. 2. The name of the structure is Martin Reservoir. 3. The source of the water for the Martin Reservoir is Four Mile Creek, a tributary to the Roaring Fork River. 4. The name of the Claimant and Its address is: Redstone Corporation; P. 0. Box 790; Glenwood Springs, Colorado; 81602. 5. The original point of diversion for said water right is an 1n -channel reservoir located as follows: The initial point of survey of the high water line of the Martin Reservoir is located at a point whence the witness corner for the West Quarter corner of Section 31, T. 7 S., R. 89 W. of the 6th P.M. bears S. 89°28'45" W., 3,415.27 feet. 6. On November 5, 1971, In Civil Action No. 5884, the Garfield County District Court awarded to the Martin Reservoir a conditional water right for the in -channel storage of 282.67 acre feet from Four Mile Creek to be used for irrigation, domestic, and other beneficial uses, with an appropriation date of April 9, 1966. Redstone Corporation 84CW153 Ruling of Referee Page No. 2 7. On May 30, 1984, the Claimant filed in Water Court for Water Division No. 5 In Case No. 84CW151, an Application for Change of Water Right 1n which it is requested that approval be granted for an alternate off -channel point of storage for the Martin Reservoir, such alternate point of storage to be designated Martin Reservoir Alternate No. 1. Concurrently with Case No. 84CW151, the Claimant filed the present change application wherein It is requested that approval be granted to enable claimant to divert .50 c.f.s. from an unnamed tributary of Four Mile Creek by direct diversion into storage in the Martin Reservoir Alternate No. 1. Said alternate point of diversion, designated the Martin Feeder Ditch, is located as follows: In Section 31, T. 1 S., R. 89 W., 6th P.M. at a point 1200 feet from the West line and 950 feet from the North line, NW1/4NW1/4, Section 31, T. 1 S., R. 89 W., 6th P.M. 8. The requested change of water rights will not injuriously effect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, and the change should be approved in accordance with C.R.S. 437-92-305(3). The Referee does therefore conclude that the above entitled Application should be granted and that a point of diversion for 0.50 cubic foot of water per second of time be established for the Martin Feeder Ditch at the location as described in Paragraph 7 above, as a source of water for Martin Reservoir, Alternate No. 1. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated: Aefiq), 8� /fges 13Y THE REFEREE: r 'eferee ter Division No. 5 State of Colorado Or Redstone Corporation 84CW151 Ruling of Referee Page No. 3 No protest was filed in this matter. and accordingly the foregoing Ruling is confirmed and approved. and is made the Judgment and Decree of this court; provided however. that the approval of this change of water right shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the two calendar years succeeding the year in which this decision 1s rendered. Dated lic I l� %&) Redstone Corporation 84CW151 Ruling of Referee Page No. 3 No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and 1s made the Judgment and Decree of this court; provided however, that the approval of this change of water right shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the two calendar years succeeding the year in which this decision is rendered. Dated �i1 iic Judge DISTRICT COURT, WATER DIVISION NO. COLORADO Application No. 84C%i50 RULING OF REFEREE a, O......'1:; SFP2o1`'a I SIE TALAMAS, CLERK IN THE MATTER OF THE APPLICATION POR WATER RIGHTS OF REDSTONE CORPORATION IN THE ROARING FORK RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: FOUR MILE CREEK, IN GARFIELD COUNTY The above entitled application was filed on :-lay 30, 1984, 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 28th day of June, 1084, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Right Determination and Ad:iinistration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not tL.e statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this :natter, to -wit: 1. The statements in the application are true. 2. The name of the structure is t1artinResrvoir 3. The name of the claimant and address is: Redstone Corporation; P.O. Drawer 790; Glenwood Springs, Colorado. 4. The source of the water is Four Mile Creek, tributary to the Roaring Fork River. 5. The initial point of survey of the high water line of the reservoir is located al: apoint: whence the Witness Corner oI the West Quarter Corner of Section 31, T. 7 S., R 89 W. of the 6th P.M. bears S89°28'45" W. 3,415.27 feet. 6. On November 5, 1971, in Civil Action iso. 5884, the Garfield County District Court awarded to the Martin Reservoir, Structure No. 605, Priority No. 832, a conditional water storage right for 282.67 acre feet of water, to be used for irrigation, domestic and other beneficial uses, with appropriation date of April 9, 1966. 7. During the intervening years, at timely inter-rais as required by statute, the claimant has shown to the Court that reasonable diligence has been exorcised in the develcl:eeent of this conditional water right, and the Court has ruled that =.-Dict water right be continued in full force .,nd effect. 84CW150 8. On May 30, 1984, as directed by the Court in the last previous finding of reasonable diligence, the claimant filed, in Water Court for Water Division No. 5, an application for quadrennial finding of reasonable diligence in the development of this conditional water right. In support of this application, the claimant has sub- mitted a detailed outline of the work performed and the expendi- tures made during the last quadrennial diligence period toward the development of this conditional water right. The Referee, having examined the information submitted by the applicant, and having completed the investigations necessary to make a determination in this matter, does find that the clai- mant has shown reasonable diligence in the development of the proposed appropriation of the 282.67 acre feet of water condi- tionally awarded to Martin Reservoir; and therefore concludes that the above entitled application should be granted, and the conditional water right be continued in full force and effect. Application for a quadrennial finding of reasonable dili- gence shall be filed in May of 1988 and in May of every fourth calendar year thereafter so long as the 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 appro- priation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk subject to Judicial review. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engi- neer. 744 Don at the City of Glenwood Springs, Colorado, this Zr day of c�TcF'/s/ -Ae , 19 gct • No protest was tiled in this matter The foregoing ruling is confirnic 1 and approved, and b Judgmen nd ecreeoofthi.courr Dated: di 44 lie- `�- WATER JUDGE BY THE REFEREE: Wa eferee Wa er Division No. 5 State of Colorado m �;i :,, 10 r ` 15- t. .:.:. r Liv. f o. 5 SII, r� :. . DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Application No. 84CW153 RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF REDSTONE CORPORATION, IN THE ROARING FORK RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: FOUR MILE CREEK, IN GARFIELD COUNTY The above entitled Application was filed on May 30, 1984, 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 28th day of June, 1984, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right 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 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 Martin Reservoir. 3. The source of the water for the Martin Reservoir is Four Mile Creek, a tributary to the Roaring Fork River. 4. The name of the Claimant and its address is: Redstone Corporation; P. 0. Box 790; Glenwood Springs, Colorado; 81602. 5. The original point of diversion for said water right is an in -channel reservoir located as follows: The initial point of survey of the high water line of the Martin Reservoir is located at a point whence the witness corner for the West Quarter corner of Section 31, T. 7 S., R. 89 W. of the 6th P.M. bears S. 89°28'45" W., 3,415.27 feet. 6. On November 5, 1971, in Civil Action No. 5884, the Garfield County District Court awarded to the Martin Reservoir a conditional water right for the in -channel storage of 282.67 acre feet from Four Mile Creek to be used for irrigation, domestic, and other beneficial uses, with an appropriation date of April 9, 1966. Redstone Corporation 84CW153 Ruling of Referee Page No. 2 7. On May 30, 1984, the Claimant filed in Water Court for Water Division No. 5 in Case No. 84CW151, an Application for Change of Water Right in which it is requested that approval be granted for an alternate off -channel point of storage for the Martin Reservoir, such alternate point of storage to be designated Martin Reservoir Alternate No. 1. Concurrently with Case No. 84CW151, the Claimant filed the present change application wherein it is requested that approval be granted to enable claimant to divert .50 c.f.s. from an unnamed tributary of Four Mile Creek by direct diversion into storage in the Martin Reservoir Alternate No. 1. Said alternate point of diversion, designated the Martin Feeder Ditch, is located as follows: In Section 31, T. 7 S., R. 89 W., 6th P.M. at a point 1200 feet from the West line and 950 feet from the North line, NW1/4NW1/4, Section 31, T. 7 S., R. 89 W., 6th P.M. 8. The requested change of water rights will not injuriously effect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, and the change should be approved in accordance with C.R.S. §37-92-305(3). The Referee does therefore conclude that the above entitled Application should be granted and that a point of diversion for 0.50 cubic foot of water per second of time be established for the Martin Feeder Ditch at the location as described in Paragraph 7 above, as a source of water for Martin Reservoir, Alternate No. 1. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated: I(/I19y 8,, • D a(ee bili Jis5 e5 BY THE REFEREE: er eferee .ter Division No. 5 State of Colorado Redstone Corporation 84CW153 Ruling of Referee Page No. 3 No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court; provided, however, that the approval of this change of water right shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the two calendar years succeeding the year in which this decision is rendered. Dated -011E 17 15ck Water Judge March 1991 Resume Water Division 5 Page 4 Applicant which are in the arca surrounding the Kennedy Pond. Date of initiation of appropriations: June 1, 1983. How appropriation was initiated: By construction of the dam of the present Kennedy Pond and diversion of seepage and return flow waters into the reservoir. Date water applied to beneficial use: October 1, 1983. Amount claimed: 6 a.f. - absolute; 6 a.f. - conditional. Off -channel reservoir: The rate of diversion for filling, refilling and maintaining the level of the Kennedy Pond is 1.0 c.f.s. - absolute to be diverted under the priority claimed in this Application for the Hawxhurst Ditch and return flow and seepage water from lands in the area of the Kennedy Pond owned by the Applicant. Use: Water impounded in the Kennedy Pond is used for fish production, stock water, irrigation and recreation purposes. Water released from the Kennedy Pond or the overflow of the Pond will be used for irrigation of lands owned by the Applicant. The Applicant has no less than 177 acres of land lying below the Kennedy Pond which are susceptible of irrigation from that source. The surface area of the high water line is 4 acres. Present max. height: 10 feet. Present length: 300 feet. Present total capacity: 6 a.f. Present active capacity: 6 a.f. Dead storage: none. (6 pages) 9. \91CW030 (86CW284) VHS LIMITED PARTNERSHIP; 7101 Road 117; Glenwood Springs. CO • 81601. Application to Make Absolute a Conditional Water Right - STAINTON WELL NO. 1 and VHS WELL NO. 1 In GARFIELD COUNTY. Decreed: May 11, 1987 and May 12. 1987, 86CW284. Stainton Well No. 1 - Legal description: SE1/4NE1/4 Section 22, T. 7 S., R. 89 W., 6th PM. at a point 3,204.46 feet North of the south line and 998.55 feet West of the east line of said Section 22. Source: a well having a depth of 200 feet and being tributary to Four Mile Creek, tributary to the ROARING FORK RIVER. Appropriation: July 22, 1986. Amount: 0.033 c.f.s., absolute. Use: domestic; VHS WELL NO. 1 - Legal description: SE1/4SE1/4 Section 22, T. 7 S.. R. 89 W., 6th P.M. at a point 1,164.86 feet North of the south line and 1,246.06 feet West of the east line of said Section 22. Source: a well having a depth of 200 feet and being tributary to Four Mile Creek, tributary to the ROARING FORK RIVER. Appropriation: August 19, 1986. Amount: 0.033 c.f.s. Use: domestic. The application contains a detailed outline of the work performed for completion of the appropriation and application of the water to beneficial use. (2 pages) 10. 91CW031 GLENN E. SCHMIDT. BETTY JO SCHMIDT and JACK SCHMIDT; c/o Scott Balcomb, Esq.; P.O. Drawer 790; Glenwood Springs, CO 81602. Application for Quadrennial Finding of Reasonable Diligence - SCHMIDT GYPSUM RANCH SPRING N0. 5, NO. 6, N0. 7 and N0. 8 in EAGLE COUNTY. Decreed: March 15, 1983, 82CW94. legal description: Schmidt Gypsum Ranch Spring No. 5 - NE1/4NE1/4 Section 4, T. 5 S., R. 85 W., 6th P.M. being southerly of the w gle River approximately 800 feet West and 1,200 feet South of the section lines, Schmidt Gypsum Ranch Spring No. 6 - NE1/4 Section 4. T. 5 S.. R. 85 W.. 6th P.M. being southerly of the Eagle River approximately 500 feet West and 1,400 feet South of the section lines. Schmidt gypsum Ranch Sr!ng No. 7 - NW1;4NW1/4 Section 3, T. 5 S., 11. 85 W., 6th P.M. being sout>lerTj of the- ag a River approximately 50 feet East and 900 feet South of the section lines, Schmidt Gypsum Ranch Spring No. 8 - a series of springs in the N1/2NW1/4 and N11T74NE1/4 Section 3, T. 3 S., - R. 85 W., 6th P.M. beginning approximately 1,800 feet Nest of the section line and ending approximately 800 feet East of the section line, following a course approximately 700 feet South of the Eagle River. Source: springs tributary to the EAGLE RIVER. Appropriation: February 7, 1981. Amount: 0.22 c.f.s. from each of the four springs for a total of 0.88 c.f.s. Use: domestic, irrigation. industrial, piscatorial and commercial. The application contains a detailed outline of the work performed during the diligence period. (4 pages) 11. 91CW032 JOSEPH L. HIDUSKEY and CHERLA CARLTON; P.O. Box 1653; Basalt, CO 81621. Application for Water Rights (Surface) - IIIDUSKEY SPRING, LONGS SPRING 1ST ENLARGEMENT and CARLTON SPRING in EAGLE COUNTY. Legal description: Lot 11, Section 4, T. 8'S., R. 86 W., 6th P.M. Iliduskey Spling Is 200 feet from the North line and 690 feet from the East line, lungs Spring 1st Enlargement - 500 feet West and 300 feet South of the Northeast corner of NW1/4NE1/4 and Capon Springy is 1,320 feet from the East line and 900 feet from the North line. --Source: Box Canyon Creek tributary to the Frying Pan River, tributary to the ROARING FORK RIVER. Appropriation: January 13, 1991. Amount: 0.022 c.f.s., absolute for Hiduskey and Carlton Springs, 0.022 c.f.s., conditional for Longs Spring 1st Enlargement. Use: irrigation, domestic, home and garden, fire protection and livestock. (3 pages) DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Application No. 88CW177 RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR WATIIR RIGHTS OF REDSTONE CORPORATION, IN THE ROARING FORK RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: FOUR MILE CREEK, IN GARFIELD COUNTY The above entitled Application was filed on May 26, 1988, 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 June, 1988, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right 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 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 Martin Reservoir. 3. The name and address of the Claimant: Redstone Corporation; c/o Scott Balcomb, Esq.; P. 0. Drawer 790; Glenwood Springs, Colorado 81602. 4. The source of the water is Four Mile Creek, tributary to the Roaring Fork River. 5. The initial point of survey of the high water line of the reservoir is located at a point whence the Witness Corner of the West Quarter Corner of Section 31, T. 7 S., R. 89 W. of the 6th P.M. bears S. 89°28'45" W. 3,415.27 feet. 6. On November 5, 1971, in Civil Action No. 5884, the Garfield County District Court awarded to the Martin Reservoir, Structure No. 605, Priority No. 832, a conditional water storage right for 282.67 acre feet of water, to be used for irrigation, domestic and other beneficial uses, with appropriation date of April 9, 1966. 7. During the intervening years, at timely intervals as required by statute, the claimant has shown to the Court that reasonable diligence has been exercised in the development of this conditional water right, and the Court has ruled that said water right be continued in full force and effect. 8. On May 26, 1988, as directed by the Court in the last previous finding of reasonable diligence, the claimant filed, in Water Court for Water Division No. 5, an application for quadrennial finding of reasonable diligence in the development of this conditional water right. tow 4 $ it 88CW177 Referee In support of this application, the claimant has submitted a detailed outline of the work performed and the expenditures made during the last quadrennial diligence period toward the development of this conditional water right. The Referee, having examined the -information submitted by the applicant, and having completed the investigations necessary to make a determination in this matter does find that the claimant has shown reasonable diligence in the development of the proposed appropriation of the 282.67 acre feet of water conditionally awarded to Martin Reservoir; and therefore concludes that the above entitled application should be granted, and the conditional water right be continued in full force and effect. Application for a quadrennial finding of reasonable diligence shall be filed in May of 1992 and in May of every fourth calendar year thereafter so long as the claimant desires to maintain this conditional water right of 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 accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated cS)„ r . z9ef0.P u�y of the foregoing i'f.'d to a•' Counsel of record—Water Engineend -`_ 'te rn^• eerf`6t__/ 1E4- .„, BY THE REFEREE: WaterReleree Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is�rnade the Judgment and Decree of this Court. Dated 1-7 Copy of the (ores9 ing mai!cd tc a Counsel! of recoic144.'ater ft2lcree�6iv. Engin and � c.. t , rn ee: to 3-� fiAir �1' 5