HomeMy WebLinkAbout1.0 ApplicationJEFFREY H. SACHS
HERBERT 5. KLEIN
JON DAVID SEIGLE
• •
SACHS KLEIN & SEIGLE
ATTORNEYS AT LAW
601 EAST MAIN STREET
ASPEN, COLORADO 81611
(303) 925-6813
June 28, 1979
Garfield County Planning Office
2014 Blake Avenue
Glenwood Springs, Colorado 81601
DENVER OFFICE:
1660 LINCOLN STREET - SUITE 1518
DENVER, COLORADO 80264
(303) 837-8800
ATTENTION: Stephanie Andreasen
RE: M/K Ranch Associates Subdivision
JUL 2197'9
GARFIELD co.
Dear Stephanie:
Enclosed with this letter is information required pursuant
to section 4.01 of the Garfield County Subdivision Regulations
for purposes of sketch plan review for the subdivision of a
parcel of land consisting of 14 acres into 3 parcels of
approximately equal size (4 plus acres each). Please consider
this request also a petition for exemption from full subdivision
review pursuant to CRS (1973) 30 -28 -101(10)(a) -(d) as amended,
and section 3.02.01 of the Garfield County Subdivision
Regulations.
The following information is provided at the Exhibit
number indicated below:
1. Legal description - attached at Exhibit 1
2. 100 scale map of proposed subdivision including
items required by section 4.01.01- attached
at Exhibit 2
3. Vicinity Map - attached at Exhibit 3
4. Statement on source of domestic water - attached
at Exhibit 4
5. Geologic and, soils analysis and suitability for
sewage disposal, slopes, etc. - attached at
Exhibit 5
6. Our check in the amount of $64.00 for sketch
plan review attached to this letter
7. Disclosure of ownership - title insurance
committment - attached at Exhibit 6
• •
Garfield County Planning Office
June 28, 1979
Page two
SUMMARY DESCRIPTION OF SUBDIVISION PROPOSAL
M/K Ranch Associates, the owner of this parcel of
land is a family partnership which desires to separate the
14 acre parcel into 3 parcels of approximately equal acreage
each to accommodate certain family goals including estate
planning and retirement homesites for family members. The
parcel lies along County Road 170 in the Missouri Heights
area of Garfield County. Electricity, telephone and good
access are attributes of this property which require no
further improvements in the event the parcel is subdivided.
This proposed subdivision is not part of an existing or
potentially larger land development project and presents no
problems or adverse land use impacts. The zoning of the
property (A/R/RD) allows 1 unit for every 2 acres of land.
The proposed subdivision is for a total of 3 units and further
subdivision of the property will be restricted through deed
covenants.
A report from our water attorneys is attached which
indicates that the property is part of an augmentation plan
which will allow 3 homes to be served through the drilling of
1 well. No opposition was filed to the M/K well segment of
the augmentation plan. Our attorneys' report and geologist's
report both reflect the probability of success for the
physical water supply to be derived from the M/K ranch well
as shown by the Garfield County Ground Water Resources Report,
dated February, 1979, prepared by Wright Water Engineers.
Sewage treatment will be by means of individual
sewage disposal systems and our geologist's report indicates
soils suitable for these systems.
Estimated construction costs for the access road
and water distribution system are expected to run approximately
$10,000.00. Our legal access to the property is assured by
reason of the approximately 950 feet of county road frontage.
If I can be of any further assistance to you or
provide any additional information please do not hesitate to
contact me. I would appreciate your scheduling review of
this subdivision application at the next available Board of
• •
Garfield County Planning Office
June 28, 1979
Page three
County Commissioners meeting. Please notify me when you've
scheduled some agenda time. I will probably phone you within
about a week or so to make sure you have received the
application and discuss its processing.
Very truly yours,
H/4W
erbert S. Klein
General Partner M/K Ranch Associates
HSK:jas
encs.
11)
6x� i,gi t 1
SCHEDULE A
Order Number: 5470
Commitment Number:
A parcel of land in the N'gNL14 of Section 17, To(wnshig 7 South, Range 87
West of the Sixth Principal Meridian, lying Southerly of the Northerly
line of said Section 17 and Northerly of the }Northerly right-of-way line
of a 60 foot road easement as constructed ani in place, said Parcel of
land is described as follows:
Beginning at the Northwest Corner of said Section 17, said corner being
found in place and properly marked;
thence S. 88'27'42" F. 754.63 feet along the ;northerly line of said Section
17 to the True Point of Beginning.
thence S. 88'27'42" F. 923.50 feet along the Uortferly line of said Section 17:
thence S. 00'49'39" N. 771.83 feet to a point onNt. e Northerly right-of-way
line of said 60 foot road easement;
thence N. 73'51'43" W. 98.49 feet along the Northe right-of-way line of
said 60 foot road easement;
thence 121.26 feet along the arc of urve to the ri_ht, having a radius
of 456.23 feet, the chord of which b : N. 66'14'52" ':d. 120.91 feet;
thence 105.01 feet alone the arc of a urve to the left, having a radius
of 183.20 feet, the c • of which bea N. 75'03'15' U. 103.59 feet;
thence S. 38'31'31" W. 47 feet along he Northerly right-of-way line of
said 60 foot road easem
thence 14
387.81fet
thence N.
said 60 foo
thence 117.2
451.81 feet, _..
thence N. 84'39'51" J. 78.01 feet along the Mortherly right-of-way line of
said 60 foot road easement;
thence N. 00'49'39" E. 565.19 feet to a point on the Northerly line of said
Section 17, being the True point of Beginning.
74 feet along arc of a curve to the right, having a radius of
the chord of ch bears: N. 80'18'16' 4. 145.86 feet;
9'47'45" Fa. 213. • 3 feet along the Northerly right-of-way line of
road easement;
et alone the arc of a curve to the left, having a radius of
e chord of which bears: !l. 77'11'42" q. 116.92 feet
COUNTY OF GARFIELD
STATE OF COLORADO
Page 2-A
-'I'EWA li'l"TITLE
(}UAeA NTY (:OMPA NY
JOHN D. MUSICK, JR
STEPHEN T. WILLIAMSON
ALAN E. SCHWARTZ
LOYAL E. LEAVENWORTH
JOSEPH A. COPE
SUE ELLEN HARRISON
WILLIAM T. SMITH, JR.
KEVIN L. PATRICK
JAMES S. LOCHHEAD
•
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P.C.
ATTORNEYS AT IAW
75 MANHATTAN DRIVE - SUITE 1
P.O. BOX 4579
BOULDER, COLORADO 80306
TELEPHONE (303) 499-3990
(COLO) 1-800 332-2140
Herbert S. Klein, Esq.
Sachs, Klein & Seigle
601 East Main Street
Aspen, CO 81611
June 22, 1979
Glenwood Springs
Cxti�yitf�
GLENWOOD SPRINGS OFFICE
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, CO. 81601
TELEPHONE (303) 945-8513
Re: Legal Water Supply for Your Tract of Land Located on
Missouri Heights, Garfield County
Dear Herb:
This letter is to advise you that we have filed an Application in the
Water Court for Division No. 5 (Case No. 79CW66), seeking a decree for one
15 g . p. m. (.033 c. f . s .) well to service three lots for which you will be
requesting sketch plan approval from Garfield County. These three
contiguous lots are located in Section 17, Township 7 South, Range 87
West, of the 6th P.M. The appropriation date claimed for this well is
September 27, 1978, and the uses for which the well is to be used are:
Domestic, livestock, commercial, irrigation, municipal, fire protection,
recreational, and fish and wildlife propagation (a copy of the Application
is attached) . The time for opposition to be filed to this Application
expired on May 31, 1979, without opposition.
It is our understanding that the water distribution system for these
three lots will encompass this central well with supply lines to each
house. Water demand will be based on 3.5 persons per household utilizing
90 g.p.d. per capita and a total of 2,500 square -feet of lawn and garden
irrigation per lot. The expected sewage treatment will be by septic tank,
leach field method. Additionally, it has been our experience, and it is
reflected in the recently submitted Garfield County Groundwater Resources
Report, dated February 1979, prepared by Wright Water Engineers, that
wells such as the M/K Ranch Well No. 1 applied for by you have generally
been successful for the size contemplated when drilled into the Basalt
Formation overlying the Maroon Formation. The actual yield should be
verified by a pump test following the drilling of a test hole.
• •
Herbert S. Klein, Esq.
June 22, 1979
Page 2
To ensure an adequate legal water supply for the three lots, the
well servicing the lots has been included within an Application for
Approval of Plan for Augmentation and Change of Water Rights filed in the
Water Court for Division No. 5 (Case No. 79CW97), a copy of which is
attached hereto. Under the plan, as filed, two of the three lots
contemplated are currently included within the aforementioned Plan for
Augmentation. In the next few weeks, we will be preparing an additional
plan for augmentation, designed to include the augmentation of the
additional lot through the M/K Ranch Well No. 1.
It is our opinion that, upon entry of decrees for the M/K Ranch Well
No. 1 and approval of the aforementioned plans for augmentation, an
adequate legal water supply will be assured for your three properties.
Please feel free to call me or my associate Kevin Patrick if you have
any questions concerning these matters or if you desire additional
information.
Very truly yours,
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P. C.
By
LEL/j
Encs.
al E. Leavenworth 1-6(7g1)
c •
•
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. 79CW66
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF M/K RANCH )
ASSOCIATES )
IN THE ROARING FORK RIVER )
OR ITS TRIBUTARIES )
TRIBUTARIES INVOLVED: )
CATTLE CREEK )
IN GARFIELD COUNTY )
APPLICATION FOR CONDITIONAL
UNDERGROUND WATER RIGHT
COMES NOW, the Applicant M/K Ranch Associates, by and through
its attorneys Musick, Williamson, Schwartz, Leavenworth & Cope, P.C.,
and respectfully requests that the Court enter a decree for the
water right described herein.
1. Name of Applicant: M/K Ranch Associates
Mailing Address: c/o Musick, Williamson, Schwartz,
Leavenworth & Cope, P.C.
1011 Grand Avenue
P. O. Drawer 2030
Glenwood Springs, CO 81601
PH (303) 945-8513
2. Name of well: M/K Ranch Well No. 1
3. Legal description of well:
A well located in the Northeast Quarter of the
Northwest Quarter (NE1/4NW1/4) of Section
Seventeen (17), Township Seven (7) South, Range
Eighty-seven (87) West of the Sixth Principal
Meridian (6th P.M.), at a point 300 feet South
(S) of the North (N) line and 1400 feet East (E)
of the West (W) line of said Section 17.
4. The well is in the watershed of Cattle Creek.
5. Depth of well: 300 feet.
6. A. Date of initiation of appropriation: September 27, 1978.
B. Date water first applied to beneficial use: N/A.
1111 4110
C. How appropriation was initiated: Selection of well
site; application for well permit.
7. Amount of water claimed in gallons per minute of time:
A. Portion absolute: 0
B. Portion conditional: 15 g.p.m.
8. Proposed use of water: Domestic, livestock, commercial,
irrigation, municipal, fire protection, recreational, and fish
and wildlife propagation.
9. Number of well as registered in State Engineer's Office:
Application will be supplemented with copy of permit, pursuant to
C.R.S. 1973, §37-92-302(2).
10. In case of irrigation priority the number of acres being
irrigated: 0 acres; the number of acres historically irrigated:
0 acres; and the number of acres proposed to be irrigated by the
decree sought: 0.1148 acres (5,000 sq. ft.).
11. Remarks: The well for which a water right is sought
herein will be included within and subject to the terms and pro-
visions of a plan for augmentation filed in Case No. 79CW
RESPECTFULLY submitted this 30th day of March, 1979.
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P.C.
Attorneys for Applic•
By ���`
al E. Leavenworth, #6696
evin L. Patrick, #9124
101 Grand Avenue
P. O. Drawer 2030
Glenwood Springs, CO 81601
PH (303) 945-8513
Name and Address of Applicant:
M/K Ranch Associates
c/o Herbert S. Klein
601 East Main Street
Aspen, CO 81611
•
•
W
411,
STATE OF COLORADO )
ss.
County of Garfield )
HERBERT S. KLEIN, the Applicant, being first duly
sworn, upon oath, deposes and says that he has read the
foregoing APPLICATION FOR CONDITIONAL WATER RIGHT, knows
the contents thereof, and that the same are true to the
best of his knowledge and belief.
Subscribed and sworn to before me this 30th day of
March, 1979.
My Commission expires: April 24, 1979
Notary Pbblic
1 •
Nicholas Lampiris, PhD
CONSULTING GEOLOGIST
PO BOX 10935
ASPEN, COLORADO 81611
(303) 925-6020 OFF. 923-2126 RES.
June 13, 1979
Mr. Herb Klein
Sachs, Klein & Seigle
601 East Main Street
Aspen, Colorado 81611
RE: M/K Ranch Subdivision
Dear Herb:
I have examined the 14 -acre lot, located along County Road
170 in Missouri Heights in the northwest quarter of Township
7 South, Range 87 West, within the Carbondale 7 1/2 minute Quad-
rangle, Garfield County, Colorado. The property is located near
the crest of a hill along the north side of this road. An old
fence row marks the approximate north or back boundary of the
property.
The topography of the site consists of a generally southerly
dipping gentle slope with a small knoll near the center of the
property. The tract is covered with sagebrush, native grasses,
and sorne cactus. There are numerous basalt boulders scattered
about. The western half of the road frontage is at about road
level, with the road cut increasing to about 20 feet near the
southeastern corner of the property. The northernmost portion
of the property dips toward the north very gently.
The geology of the site consists of a remnant basaltic lava flow
which caps the singular knoll near the center of the property.
In all other parts of the property this basalt has been weathered
away, and only loose boulders remain. No other bedrock was in
evidence on the property, and the soils are apparently derived
directly from the weathering of the basalt. There is a likeli-
hood of a significant montmorillonite clay concentration in
these soils, which does have a tendency to cause swelling in
the soils upon wetting. There are no geologic hazards associated
with the parcel, and the only two considerations are: 1) To
avoid the steep road cut in the southeastern portion of the
property, and 2) To have soils engineering studies performed
prior to building permit issuance to aid in foundation design.
• i
Mr. Herb Klein
June 13, 1979
Page two
The soils may have a relatively slow percolation rate, but
they should be suitable for leachfields to be used in waste
disposal. The access road, as planned, should enter from the
southwestern corner, proceed due north to the rear of the property,
and turn and proceed due east across the back of the parcel,
thereby servicing the three potential lots, which will all have
approximately equal road frontage. This access will involve no
road cut, and should have a very gentle gradiant in all portions
of the parcel. Water for the proposed lots is to be obtained
through a water augmentation plan from another part of the Cattle
Creek drainage. The probability of obtaining water from the
well to be drilled is high due to the existence of a good quality
producing well on the adjoining property having similar geologic
characteristics.
In conclusion, I feel that this is an excellent parcel to
subdivide into three approximately equal lots, provided the
two considerations previously referred to are followed. Both
the County Sanitarian, and an independent soils engineering
firm should be consulted for their input concerning leachfield
development and site specific foundation designs for potential
buildings on the three to -be -divided lots. If you have any
questions, please do not hesitate to contact me.
NL:jas
Sincerely,
v1
Nicholas Lampiris
Consulting Geologist
• •
Order Number: 5470
1. Effective date: SEPTEMBER 21, 1978 AT 8:00 O'CLOCK A.I.
2. Policy or Policies to be issued:
A. ALTA Owner's Policy
Proposed Insured:
M/K RANCH ASSOCIATES
B. ALTA Loan Policy
Proposed Insured:
C.
Commitment Number:
Amount of Insurance
$ 36,000.00
$
Preoiun
$ 177.80
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto
is at the effective date hereof vested in:
JOHN A. SHARP and JOAN FRENCH
4. The land referred to in this commitment is described as Poll
See Continuation Sheet ached (Page 2-A)
Authoined Counteisignature
Page 2
'1'EWAR'1` 'PI'1'LE
GUARANTY COMPANY
Order Number: 5470
Commitment Number:
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records_
3. Discrepancies, conflicts in boundary lines, shortage in arca, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the, public records.
4. Any lien, or right to a lien, for services, labor or material theretrrfr)re rrr hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, it any, created, first appearing in the public
records or attaching subsequent to the effective date hereof hut prior to the date the proposal insured acquires
of record for value the estate nr interest or mortgage thereon covered by this Commitment
6. Any and all unpaid taxes and assessments.
7. Any law, ordinance or governmental regulationinch
building and zoning ordinance) restricting or re i:1a nc) hut not limited to
occupancy, use or en,joyient of the.' '� or Prohibiting the
cter,
or location of any tiaprovef;lent now orna* eafteror uerecte :ton said he aland, or dimensions,hibiting a separation In ownership or duction in the dimensions or area
of any lot or parcel of land.
The effect of inclusion in ny general or pecific water conservancy, fire
protection, soil conservak,,i or other dis
service or street i�.iproveif�n area, ict or Inclusion in any water
9. Right of way;% ditches or 1s constructed by the authority of the united
States as res rved in United ,gates Patent recordpd "larch 17, 1934, in 3ook
172 at page 541. as Reception No. 117025.
1J. All coal and othminerals, and the right to prospect for,
the same as reserved pursuant to the � oonsminof and remove
provisions and limitations The Act
of i-)ece:hber 29, 1916 (39 Stat, 362) in the Patent recorded March 17, 1934
in :'ook 172 at pane 543 as Reception No. 117025.
11. Ease: lent and right of way for pipeline purposes^,ranted to Rocky Mountain
Natural Gas Company, Inc. by Samuel A. Grange, Gene A. Grange, and Alice E.
>rieht by instrument recorded April 29, 1969, in 'look "01 at page 392 as Reception
No. 243233.
12. Easement and right of way for electric line purposes granted to Holy Cross
Electric Association, Inc. by Kenneth M. and Donna R. Hemeover by instrument
recorded October 27, 1972, in .3ook 437 at page 166 as Reception No. 255819.
13. Restrictions as contained 1n instruent recorded July 27, 1972, in nook 433
at page 2 as Reception No. 254429, copies of which are attached.
Exceptions numbered
1654
are hereby omitted.
Page 4
ti'r,j ' v s IZ'I' TITLI
GUARANTY COMPANY
0 Legal Descriptions
Lot 1:
A tract of land situated in the NW4NW4 of Section 17, Township 8 South,
Range 87 West of the 6th Principal Meridian, lying Southerly of the Nor-
therly line of said Section 17 and Northerly of the Northerly right-of-
way line of a 60 foot road easement as constructed and in place, said tract
of land being more particularly described as follows:
Beginning at a point on the Northerly line of said Section 17 whence the
stone found in place and properly marked for the Northwest Corner of said
Section 17 bears N 88°27'42" W 754.63 feet; thence S 88°27'42" E 320.00
feet along the Northerly line of said Section 17; thence S 00'49'39" W
636.42 feet to a point on the Northerly right-of-way line of said road;
thence along the Northerly right-of-way line of said road on the following
courses: N 69°47'45" W 135.49 feet; thence 117.25 feet along the arc of a
451.81 foot radius curve to the left the chord of which bears N 77°13'48" W
116.92 feet; thence N 84'39'51" W 78.01 feet; thence leaving the Northerly
right-of-way line of said road on a course bearing N 00°49'39" E for 565.19
feet to the point of beginning, containing 4.34 acres more or less.
Lot 2:
A tract of land situated in the NOW* of Section 17, Township 7 South,
Range 87 West of the 6th Principal Meridian, lying Southerly of the North-
erly line of said Section 17 and Northerly of the Northerly right-of-way
line of a 60 foot road easement as constructed and in place, said tract of
land being more particularly described as follows:
Beginning at a point on the Northerly line of said Section 17 whence the
stone found in place and properly marked for the Northwest Corner of said
Section 17 bears N 88'27'42" W 1371.30 feet; thence S 00'49'39" W 677.27
feet to a point on the Northerly right-of-way line of said road; thence
along the Northerly right-of-way line of said road on the following cours-
es: S 88°31'31" W 78.47 feet; thence 146.74 feet along the arc of a 387.81
foot radius curve to the right, the chord of which bears N 80°38'06" W
145.86 feet; thence N 69°47'45" W 78.44 feet; thence leaving the Northerly
right-of-way line of said road on a course bearing N 00'49'39" E for 636.42
feet to a point on the Northerly line of said Section 17; thence S 88°27'
42" E 296.67 feet along the Northerly line of said Section 17 to the point
of beginning, containing 4.56 acres more or less.
•
LINES IN SPACE
SYDNEY LINCICOME
BOX 121 CARBONDALE, COLORADO 81623
COLORADO REGISTERED LAND SURVEYOR 963-3852
Loc 3:
A tract of land situa410 in the NE4NW4 of Section., Township 7 South,
Range 87 West of the 6th Principal Meridian, lying Southerly of the North-
erly line of said Section 17 and Northerly of the Northerly right-of-way
line of a 60 foot road easement as constructed and in place, said tract of
land being more particularly described as follows:
Beginning at a point on the Northerly line of said Section 17 whence the
stone found in place and properly marked for the Northwest Corner of said
Section 17 bears N 88°27'42" W 1371.30 feet; thence S 88°27'42" E 306.83
feet along the Northerly line of said Section 17; thence S 00°49'39" W
771.83 feet to a point on the Northerly right-of-way line of said road;
thence along the Northerly right-of-way line of said road on the following
courses: N 73°51'43" W 98.49 feet; thence 121.26 feet along the arc of a
456.23 foot radius curve to the right, the chord of which bears N 66°14'
52" W 120.91 feet; thence 105.01 feet along the arc of a 183.20 foot radius
curve to the left, the chord of which bears N 75°03'15" W 103.58 feet;
thence leaving the Northerly right-of-way line of said road on a course
bearing N 00°49'39" E for 677.27 feet to the point of beginning, contain-
ing 5.09 acres more or less.
LINES IN SPACE
SYDNEY LINCICOME
BOX 121 CARBONDALE, COLORADO 81623
COLORADO REGISTERED LAND SURVEYOR 963-3852
JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
JAMES H. DELMAN
• SACHS KLEIN & SEIGLE •
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPEN, COLORADO 81611
October 21, 1980
Mr. Ray Baldwin
Planning Director
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Re: M/K Ranch Associates Subdivision Exemption
Dear Ray:
TELEPHONE
(303) 925-8700
I have finally received the water court decree granting
the M/K Ranch Associates an adjudicated water right to
provide domestic water for three single-family residences.
I believe this concludes our requirements for obtaining
subdivision exemption approval for the application that was
heard by the Board of County Commissioners on August 20,
1979. At that time the application was approved contingent
upon M/K Associates establishing legal water rights to
supply the proposed development. I have previously forwarded
to you the legal descriptions of the three lots and will be
happy to provide any additional information you may require.
You indicated to me that once the water rights decree
was obtained it would be a matter of two to three weeks
before the Commissioners would approve the final resolution
granting the exemption. If you anticipate any delay or
believe that it would be beneficial for me to personally
appear before the Board at the time of their approval of the
resolution, please notify me so that I may do so.
I greatly appreciate your assistance in processing this
application. Please forward to me a copy of the approved
resolution.
If you have any questions, please do not hesitate to
call me.
HSK/gk
Very truly yours,
SACHS, KLEIN & SEIGLE
By:
Herbert S. Klein
OCT 22190
ORREl i . WOO
• •
RECEIVED c,,,,..4, 4.,.2...1 ,:...,........... ....
FILED
IN WATER COUR%
IN THE DISTRICT COURT IN AND Division No. 5
FOR WATER DIVISION NO. 5 .1;1,1G 2 n MO
STATE OF COLORADO
STATE OF COLORADO
Application No. 79CW202
IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF M/K RANCH
ASSOCIATES
IN THE ROARING FORK RIVER
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: CATTLE CREEK
IN GARFIELD COUNTY
WATERCLE W I
~^_ BY DEPUI
RULING OF REFEREE
The above entitled application was filed on August 3, 1979, 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
14th day of August, 1979, 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 appli-
cation 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 M/K Ranch Well No. 1.
3. The name of the claimant and address is M/K Kanch Associates;
c/o Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., P. O.
Drawer 2030, Glenwood Springs, Colorado.
4. The source of the water is a well having a depth of 300 feet,
and being tributary to Cattle Creek, tributary to the Roaring Fork Rive.:,
5. The well is located in the NEaNWn of Section 17, T.7S., R.87W.
of the 6th P.M. at a point 300 feet South of the North line and 1,400 fot
East of the West line of said Section 17.
6. M/K Ranch Well No. 1, in Case No. 79CW66, has been awarded by
this Water Court, a conditional water right for 0.033 cubic foot of wate
per second of time, to be used for domestic, livestock water, commer/cia
irrigation, municipal, fire protection, recreation, and fish and
wildlife propagation, with appropriation date of September 27, 1978;
subject, however, to the approval by the Water Court of a Plan for
Augumentation submitted in Case No. 79CW97 and in Case No. 79CW202.
7. This is an Application for Approval of a Plan for Augmentatic
to replace water diverted by M/K Ranch Well No. 1 as a supply of water
for one single family residence.
• •
8. The Plan for Augmentation is Case No. 79CW97 permits the
applicant to divert, by M/K Ranch Well No. 1, 1.04 acre-feet of water
per year, and consumptively use 0.256 acre-foot per year for domestic,
in-house purposes, and for lawn and garden irrigation of not more
than 5,000 square -feet, on two single-family residential lots.
9. The applicant proposes to augment an additional quantity of
water to be diverted via M/K Ranch Well No. 1,for domestic in-house
purposes, and for lawn and garden irrigation of not more than 2,500
square -feet, for a third single-family residential lot.
10. Based on a 3.5 persons per single-family residential lot
year-round occupancy rate, with each person requiring 90 gallons per
day on the average, the total annual diversion requirement for in-house,
domestic uses on the applicant's third single-family residential lot is
0.353 acre-feet per year. Approximately 12 percent, or 0.42 acre-feet
per year, of the water diverted for in-house, domestic uses for this
lot will be consumed. Diversions for this purpose which are not consumes'
will be returned to the Cattle Creek watershed via a septic tank/leach
field wastewater disposal system.
11. Based on an application rate of 3.0 acre-feet per acre",
the total water delivery requirement over the irrigation season (May 1
through September. 15) for lawn and garden irrigation of no more than
2,500 square feet on the applicant's third single-family residential
lot is 0.166 acre-feet per acre. Approximately .0858 acre-feet per
year will be consumed for this purpose. Diversions which are not consum:.,
for irrigation purposes will return to the Cattle Creek watershed.
12. The total annual diversion requirement for the Applicant's
third single-family residential lot is 0.52 acre-foot per year, and the
total annual consumptive use is 0.128 acre-foot per year.
13., The applicant herein has an agreement with Carbondale Land
Development Corporation in Case No. 79CW97, which permits the Applicant
to use excess replacement water in Case No. 79CW97, to augment the
out -of -priority diversions required for the Applicant's third single-
family residential lot.
The excess replacement water in Case No. 79CW97 is suf.fi.cien!
at a minimum, to augment additional diversions of .52 acre-feet per year
and additional consumptive uses of .128 acre-feet per year.
14. The Applicant will be entitled to divert 0.033 c.f.s. from
September 15 through April 30 by virtue of the priority of the M/K Ranch
Well No. 1. No replacement water is necessary during this period. The
use of the excess replacement water is Case No. 79CW97 to augment the
diversions and consumptive uses from May 1 to September 15 for the
Applicant's third single-family residential lot will prevent'any
material injury to other vested water rights.
The Referee sloes therefore conclude that the above -entitled
Application for Approval of Plan for Augmentation should be granted
and that the Applicant may divert 1.04 acre-feet of water per year from
the M/K Ranch Well No. 1 for two single-family residential lots by
virtue of the Plan for Augmentation in Case No. 79CW97, and an
additional .52 acre-feet per year for a third single-family residential
lot by virtue of this Plan for Augmentation, and the Applicant may
consumptively use 0.128 acre-foot of said diversions on the third
-2-
• •
single-family residential lot by virtue of this Plan for Augmentation.
The total diversion from M/K Ranch Well No. 1 under both Plans for
Augmentation shall not excees 1.56 acre-feet per year.
It is accordingly ORDERED that this ruling shall be filed
with the WaterClerk and shall become effective upon such filing,
subject to Judicial review pursuant to Section 37-92-304 C.R.S. 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 284114 day
ofOur0. 19
BY THE REFEREE:
Wat6,t;L'?4__
Referee
WatDivision No. 5
State of Colorado
No protest was filed in this matter, and accordingly the foregoii
ruling is confirmed and approved, and is made the Judgment and Decree
of this court; provided however, that the approval of this Plan for
Augmentation shall be subject to reconsideration by the Water Judge on
the question of injury to the vested rights of others during any hearinc3
commencing in the [, calendar years succeeding the year in which
this decision is re tiered.
1
October 30, 1979
Herbert S. Klein
601 East Main Street
Aspen, CO 81611
Dear Mr. Klein:
In response to your inquiry as to the status of the
signed resolution granttigg the Senate Bill 35 exemption, the
Board of County Commissioners instructed this office to
prepare the resolution conditional on getting legal descriptions
of each tract and the plan of augmentation be favorably ruled
on by the water court. Since the water plan has not been
received by this office, no resolution has been prepared.
RB/hr
I hope this answers your concerns.
Sincerely,
Ray Baldwin
Planning Director
•
JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
SACHS KLEIN & SEIGLE
ATTORNEYS AT LAW
601 EAST MAIN STREET
ASPEN, COLORADO 81611
(303) 925-6813
September 10, 1979
Ray Baldwin
Planning Director
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Re: M/K Ranch Associates Subdivision
•
DENVER OFFICE:
1660 LINCOLN STREET - SUITE 1518
DENVER, COLORADO 80264
(303) 837-8800
SEPI
044.11 197g
<<4)
Dear Ray:
As you recall, on August 20, 1979 the Board of County
Commissioners approved (contingent upon adequate water
supply) a three lot exemption for the M/K Ranch. You
requested that I forward to you legal descriptions of
each of the three lots so that you could prepare the
Resolution of Approval. Enclosed please find the legal
descriptions prepared by Syd Lincicome.
I greatly appreciate your assistance in processing
this application. Please forward a copy of the approved
Resolution to me so that my records may be complete. I
anticipate a favorable ruling from the Water Court
concerning our plan of augmentation within the next
sixty to ninety days, and will inform you as soon as it
is final.
HSK/gk
Enclosures
Best regards,
SACHS, KLEIN & SEIGLE
7
//
By :
Herbert -S. Klein
10'
R.188 W. R. 87 W.
CARBONDALE QUADRANGLE
COLORADO-GARFIELD CO.
7.5 MINUTE SERIES (TOPOGRAPHIC) ,p
107°07'30"
30
5,
I °,40000 FEET
39°30'
610 000
FEET
T. 6 S.
T. 7 S.
/72
II /
n
11
11
II
II
II
II
aY
5
F
O
O
0
0
ti
0
0
27'30"
\
•
I
ele4isif3
1
‘I
• •
-r_
01 4
1
I 0.'o
6 y
-v:
'4-' A ----'
Z�
M/K Ranch Associates
c/o Herbert S. Klein
601 East Main Street
Aspen, CO 81611
Mr. Klein:
0
August 14, 1979
10:30 a.m. on Monday, August 20, 1170
M/K/Ranch Associates
c/o Herbert S. Klein
601 East Plain Street
Elven, Colorado 8161
Mr. Klein:
August 1, 1Q79
3:3n p.m. on Tuesday, August 7, 197g