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Preliminary Plan
Final Plat
SUBDIVISION APPLICATION FORM
SUBDIVISION NAME:
U t'4 .
Leo Subdivision
x
Gaye Leo
ENGINEER/PLANNER/SURVEYOR: Chris Man',
LOCATION: Section 20Township 6S
WATER SOURCE:
Well
05L3
•
Range W 6th P M
SEWAGE DISPOSAL METHOD:
1• • .
PUBLIC ACCESS VIA: _Crnunt-y Ra 320 & 391
EXISTING ZONING: Agricultural and residential
EASEMENTS: Utility
Holy C -Qs_s, P
Ditch 6Pavr'rr'rpek
TOTAL DEVELOPMENT AREA:
(1) Residential
Single Famiy
Duplex
Multi -family
Mobile Home
(2) Commercial
(3) Industrial
(4) Public/Quasi-Public
(5) Open_Space/Common Area
TOTAL:
PARKING SPACES:
Residential
Commercial
Industrial
12
Number
3
Acres
51
Floor Area Acres
sq. ft:.
sq.ft.
ES 44inJO R171
ARNE$IPRING NO 2 ,
CARNE SPRING NO 1
/Fs4 SPRING No
100 1 000 0
5000
.5 0
10 000 Feet
1
Scale - 1:24000
RIFLE AREA, COLORADO NO. 9
2
3 Kilometers
N
JL
•
55—Potts loam, 3 to 6 percent slopes. This deep,
well drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ranges from 5,000 to
7,000 feet. This soil formed in alluvium derived from
sandstone, shale, or basalt. The average annual precipi-
tation is about 14 inches, the average annual air tem-
perature is about 46 degrees F, and the average frost -
free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney, Kim, and Ildefonso soils that have slopes of 3 to
6 percent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for irrigated crops and hay and
for dryland farming (fig. 10). Alfalfa, small grains, and
grass -legume hay are grown. Small areas are used for
grazing.
These soils are usually irrigated by flooding. Drop
structures in irrigation ditches, grassed waterways, and
minimum tillage prevent serious erosion. Irrigation water
should be carefully managed to avoid piping and erosion.
Cover crops or stubble mulching also help to limit ero-
sion in dryfarmed areas.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil.
Community development and recreation are limited by
low strength and the shrink -swell potential. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclasses IIIe, irrigated, and
IVe, nonirrigated.
56—Potts loam, 6 to 12 percent slopes. This deep,
well drained, moderately sloping to rolling soil is on
mesas, benches, and sides of valleys. Elevation ranges
from 5,000 to 7,000 feet. This soil formed in alluvium
derived from sandstone, shale, or basalt. The average
annual precipitation is about 14 inches, the average
•
SOIL SURVEY
annual air temperature is about 46 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Kim, Olney, and Ildefonso soils that have slopes of 6 to
12 percent. These areas make up 10 to 15 percent of
the map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
severe.
This soil is used mainly for grazing, wildlife habitat, and
some dryland farming (fig. 10). Wheat, barley, and oats
are grown.
Minimum contour tillage and stubble mulching help to
prevent excessive erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing improves and maintains range condi-
tion. Reducing brush improves range. Seeding improves
range in poor condition. Crested wheatgrass, western
wheatgrass, and Russian wildrye are suitable for seed-
ing. Preparing a seedbed and drilling the seed are good
practices.
Community development and recreation are limited by
low strength, shrink -swell potential, and slope. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
57—Potts-Ildefonso complex, 3 to 12 percent
slopes. These gently sloping to rolling soils are on
mesas and sides of valleys. Elevation ranges from 5,000
to 6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. The average annual
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost -free period is about 120 days.
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soils makes up about 30 percent.
The Potts soil is on slightly concave positions, and the
Ildefonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam that extends to a
depth of 60 inches.
• •
A. Source and amount of water:
An exempted well will be shared between three parcels. A well sharing agreement has
been submitted along with this application. The well is already in place and is
producing 7+gallons per minute of pottable water. Water Engineer, Chris Manina of
Colorado River Engineering, has been retained to develop supplemental information
regarding this well if needed.
B. Type of Sewage disposal:
Each lot owner is responsible for installing a septic system and leach field of
appropriate size to meet the requirements for a residential dwelling as per regulations.
C. U.S.D.A. Soil Conservation Soil Designations with
interpretation tables attached:
*See attached information from U.S.D.A.
D. Statement assessing impact of subdivision on
lakes, streams and topography of the site:
None is anticipated. The three lots are typical of what is already located on 320 Road
and 321 Road.
E. Radiation Hazards:
No radiation hazards have been reported by neighbors or U.S.D.A. Soil Conservation
report information. If required to do so, the services of CTL Thompson will be solicited
to address any concerns.
F. Evidence that all lots or parcels will have access
to public right-of-way in conformance with Colorado
State Highway Access Code and applicable county
regulations:
For the residences on 321 Road, please see attached easement granted by Kurt
Swallow to Gaye Leo. The lot on 320 road has direct access to county maintained,
surfaced road directly from the land. *See map.
• •
G. Source of electricity, gas, telephone and cable t.v:
Electricity:
Holy Cross has erected an additional power pole to serve the two homes located on
321 Road.*See attached contract for services. The lot on 320 Road has power located
directly across the street.
Gas:
Public Service of Colorado is providing natural gas for all lots. The gas main is being
extended from 321 Road onto the land.
Telephone:
U.S. West is providing telephone service. Telephone numbers are already assigned to
Gaye Leo.
Cable t.v:
Direct TV is available.
• •
Map Contents:
A. Name of Subdivision: Leo subdivision
B. Location: *See map
C. Owner: Gaye Leo
Applicant: Gaye Leo
Planner: Sexton Survey
Engineer: Chris Manina, Colorado River
Engineering
Water Attorney: Shari Caloia
D. Date of Sketch Map: 3/13/2000
E. Topography: *See map
F. Lots: *See map
G. Man made boundaries: *See map and U.S.D.A.
information attached.
H. Vicinity map: *See attached
I. Land use breakdown:
Zoning: agricultural and residential; no change
Total Development area: 51 acres
Total Lots proposed: 3
Dwelling units: 3
Non-residential floor space: 3(1 barn per lot,
limit 1,200 sq. ft.
Total individual dwelling units: 3
Number of off street parking spaces: 4 per lot
12 total
Density: 3 homes on 51 acres
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R. 94 W.I R. 93 W. (loins sheet 16)
000 1 000 0
.5 0
5 000
Scale - 1:24000
RIFLE AREA, COLORADO NO. 9
2
10000 Feet
3 Kilometers
N
.55—Potts loam, 3 to 6 percent slopes. This deep,
well drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ranges from 5,000 to
7,000 feet. This soil formed in alluvium derived from
sandstone, shale, or basalt. The average annual precipi-
tation is about 14 inches, the average annual air tem-
perature is about 46 degrees F, and the average frost -
free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney, Kim, and Ildefonso soils that have slopes of 3 to
6 percent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for irrigated crops and hay and
for dryland farming (fig. 10). Alfalfa, small grains, and
grass -legume hay are grown. Small areas are used for
grazing.
These soils are usually irrigated by flooding. Drop
structures in irrigation ditches, grassed waterways, and
minimum tillage prevent serious erosion. Irrigation water
should be carefully managed to avoid piping and erosion.
Cover crops or stubble mulching also help to limit ero-
sion in dryfarmed areas.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil.
Community development and recreation are limited by
low strength and the shrink -swell potential. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclasses Ille, irrigated, and
IVe, nonirrigated.
56—Potts loam, 6 to 12 percent slopes. This deep,
well drained, moderately sloping to rolling soil is on
mesas, benches, and sides of valleys. Elevation ranges
from 5,000 to 7,000 feet. This soil formed in alluvium
derived from sandstone, shale, or basalt. The average
annual precipitation is about 14 inches, the average
SOIL SURVEY
annual air temperature is about 46 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Kim, Olney, and Ildefonso soils that have slopes of 6 to
12 percent. These areas make up 10 to 15 percent of
the map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
severe.
This soil is used mainly for grazing, wildlife habitat, and
some dryland farming (fig. 10). Wheat, barley, and oats
are grown.
Minimum contour tillage and stubble mulching help to
prevent excessive erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing improves and maintains range condi-
tion. Reducing brush improves range. Seeding improves
range in poor condition. Crested wheatgrass, western
wheatgrass, and Russian wildrye are suitable for seed-
ing. Preparing a seedbed and drilling the seed are good
practices.
Community development and recreation are limited by
low strength, shrink -swell potential, and slope. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
57—Potts-Ildefonso complex, 3 to 12 percent
slopes. These gently sloping to rolling soils are on
mesas and sides of valleys. Elevation ranges from 5,000
to 6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. The average annual
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost -free period is about 120 days.
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soils makes up about 30 percent.
The Potts soil is on slightly concave positions, and the
Ildefonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam that extends to a
depth of 60 inches.
Supplemental Information
Leo Subdivision Proposal
March 13, 2000
. A. Source and amount of water:
An exempted well will be shared between three parcels. A well sharing agreement has
been submitted along with this application. The well is already in place and is
producing 7+gallons per minute of pottable water. Water Engineer, Chris Manina of
Colorado River Engineering, has been retained to develop supplemental information
regarding this well if needed.
B. Type of Sewage disposal:
Each lot owner is responsible for installing a septic system and leach field of
appropriate size to meet the requirements for a residential dwelling as per regulations.
C. U.S.D.A. Soil Conservation Soil Designations with
interpretation tables attached:
*See attached information from U.S.D.A.
D. Statement assessing impact of subdivision on
lakes, streams and topography of the site:
None is anticipated. The three lots are typical of what is already located on 320 Road
and 321 Road.
E. Radiation Hazards:
No radiation hazards have been reported by neighbors or U.S.D.A. Soil Conservation
report information. If required to do so, the services of CTL Thompson will be solicited
to address any concerns.
F. Evidence that all Tots or parcels will have access
to public right-of-way in conformance with Colorado
State Highway Access Code and applicable county
regulations:
For the residences on 321 Road, please see attached easement granted by Kurt
Swallow to Gaye Leo. The lot on 320 road has direct access to county maintained,
surfaced road directly from the land. *See map.
G. Source of electricity, gas, telephone and cable t.v:
• Electricity:
Holy Cross has erected an additional power pole to serve the two homes located on
321 Road.*See attached contract for services. The lot on 320 Road has power located
directly across the street.
Gas:
Public Service of Colorado is providing natural gas for all lots. The gas main is being
extended from 321 Road onto the land.
Telephone:
U.S. West is providing telephone service. Telephone numbers are already assigned to
Gaye Leo.
Cable t.v:
Direct TV is available.
AGREEMENT FOR USE OF GIVEN EASEMENT
This agreement between Kirk and Trina Swallow (Swallow) and Gayle Leo (Leo) is for some designated
uses of land now owned by Leo west of Swallow at 2170 Co. 321, Rifle, Co. Swallow has granted an
easement over his property for Leo to access her property at the northwest corner of Swallow's property.
Leo is building a house and has intentions of dividing her property into numerous parcels. For
consideration of the use of this easement Leo agrees to the following:
Not to access a divided parcel of her land, to the East of the house she is building, from given easement. Or
to let another residence be built between Swallow house and Leo house. Or to construct a road within 100
yards of the Swallow Leo property line.
Leo agrees to access divided parcels, to the west of her house along her South property line, on the existing
road to her home.
Leo agrees that any future power lines will be run underground.
Leo agrees not to construct horse or cow corrals within 100 yards of Swallow.
This agreement shall be appurtenant to and run with the ownership and possession of the adjacent
properties.
IN WITNESS WHE tt OF, Grantors have caused these presents to be duly executed on this . - day
of 1 clL . 20 c .
a
dk1411L---
Kirk A. Swallow
Trina L Swallow
State of Colorado )
) ss
County of Garfield )
Gayle
The foregoing instrument was acknowledge before me this ,2, day of trek 2000, by Kirk A.
Swallow, Trina L. Swallow and Gayle
My commission expires i Z30 00
ttness my hand and official seal.
Notary Public
Form No.
GWS -25
1
APPLICANT
OFFICE OF THE STATE ENGINEERCOLORADO DIVISION OF WATER py
i
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
GAYE LEO
P.O. BOX 986
SILT, CO 81652
;x(970)876-5850 hm
(970)625-7913 wk
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMIT NUMBER 921943
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SW 1/4 Section 20
Twp 6 S Rng 93 W 6th P.M.
DISTANCES FROM SECTION LINES
1400 Ft. from SOUTH Section Line
4500 Ft. from EAST Section Line
1)
2)
3)
4)
5)
'6)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
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.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of ± 51.0 acres described
as that portion of the NW %%, SW %<, Sec. 20, Twp. 6 South, Rng. 93 West, 6th P.M., Garfield County.
Reference attached exhibit A.
The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and (awns and the
watering of domestic animals.
The maximum pumping rate shall not exceed 15 GPM.
The return flow from the use of this well must be through an individual waste water disposal system of the
1€non, evaporative type where the water is returned to the same stream system in which the well is located.
cam'.=. �•�
This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2177-203-00-431
Assessor Tax Schedule Number: 247326
Z/ ---2-z,_ -A-
0///�zoo
APPROVED
DMW
Receipt No.
State Engineer
DATE ISSUED JAN 12 2000 EXPIRATION DATE JAN 12 2002
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
SHERRY A. CALOIA
JL1-1-LRSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
March 14, 2000
Mark Bean
Garfield County Planning Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Gaye Leo Subdivision
Dear Mark:
•
RECEIVED MAR 1 4 2
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
Gaye Leo came to see me regarding the water supply for a 3 -lot subdivision that she is
filing for on Tagenbaugh Mesa. I had previously told you and her that when you are doing a
full subdivision that there was no opportunity to use an exempt well. In my efforts to try to
determine whether an augmentation plan was feasible, I learned that my opinion is incorrect
when there are no more than three lots. I spoke with Dwight Whitehead who gave me a copy
of a new policy of the State Engineer's office. I then confirmed with Craig Lis of the State
Engineer's office that the State will in fact review and issue a positive letter that an exempt
well can be used to service no more than three lots of a subdivision.
Therefore, Gay Leo will be filing an application for a 3 -lot subdivision. She already
has a well permit for a well that can service three individual homes. She will share that well
among the three lots and I have prepared a well -sharing agreement for her use. Please call
with any questions.
Sincerely,
CALOIA & HOUPT, P.C.
Sherry A. Caloia
SAC/ja
Enclosure
cc: Gaye Leo
LEO-Bean-ltr-1
• •
DECLARATION OF COVENANTS AND
WELL -SHARING AGREEMENT
THIS DECLARATION OF COVENANTS and WELL -SHARING
AGREEMENT is made this day of , 2000, by Gaye Leo
(hereinafter collectively referred to as "Declarant") owner of the property described
below, which property is located in Garfield County, Colorado:
WITNESSETH:
WHEREAS, Declarant is the sole owner of certain real property located in
Garfield County, Colorado, described as the property in the West Y2 of the Southwest 1/4
that is located north of the northwestern boundary line of the right of way for County
Road 320 in Section 20, Township 6 South, Range 93 West of the 6`h P.M. (hereinafter
referred to as the "Property"); and
WHEREAS, a well known as "Leo Well " (hereinafter referred to as the "Well")
is located upon the Property at a point approximately 1400 feet from the South Section
Line and 4500 feet from the East Section Line of said Section 20; and
WHEREAS, Declarant is the sole owner of the Well; and
WHEREAS, the Colorado Division of Water Resources has issued Well Permit
Number 221943 for the Well, which permit allows use of water from the well for fire
protection, ordinary household purposes inside three (3) single family dwellings, the
irrigation of not more than one acre of homes, gardens and lawns, and the watering of
domestic animals; and
WHEREAS, Declarant intends to subdivide the Property into three lots, that the
Well be the primary source of water for use on such lots and that all three lots will share
equally;
NOW, THEREFORE, Declarant hereby declares that the Well and the Property
shall be held, sold and conveyed subject to the following restrictions, covenants and
conditions, which are for the purpose of protecting the value and desirability of the
Property, and which shall run with the Well and the Property and be binding upon all
parties having any right, title or interest in the Well and the Property, or any part thereof,
their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
1. Water supply. The water supply for each of the three lots within the
Property shall be the Well (Leo- Well ), as operated pursuant to Well Permit No. 221943
issued by the Colorado Division of Water Resources. All lot owners shall be jointly
responsible for meeting all obligations set forth in the Well Permit.
COOK -Declaration re Well Sharing -1 1
2. Water System Easements. All owners of lots within the Property shall
have an easement to access the Well and all pumphouses, storage tanks, pipelines, and
other workings (collectively referred to as the "Water System") located anywhere within
the Property, for reasonable operation and maintenance purposes. Such easement
includes a right to free and unrestricted access for such purposes and shall be twenty (20)
feet in width surrounding all parts of the Water System. In the event that any gates, well
houses, or other parts of the Water System are locked for security purposes, all lot owners
shall immediately be provided with a key and shall not otherwise be restricted from
accessing the Water System. The reciprocal easements granted herein shall be for the
benefit of all lots within the Property. The location of all parts of the Water System shall
be determined by cooperation of all lot owners and in a manner which interferes the least
with existing structures including but not limited to houses, outbuildings, and roads.
3. Ownership. All lot owners shall own an undivided one-third (1/3) interest
in the Well and the Well Permit, pump(s), and any appurtenant facilities used in common
by all lots. Each lot owner's interest in the Well and Water System shall be appurtenant
to their lot and may not be transferred apart from the lot. All lot owners shall be mutually
responsible for the Well and to operate, maintain, repair, replace and improve the Well,
pumps and any other appurtenant facilities for their joint benefit. The Well Permit shall
be put in the name of the owner(s) of the lot upon which the Well is located, as such
ownership may change from time to time, and such owner shall be responsible for
subsequent assignments and amendments to reflect current ownership: The owner of the
lot upon which the Well is located shall be designated as the lot owner to receive all mail
and documentation relating to the Well and Water System. Such lot owner shall promptly
provide copies of all such mail and documentation to other lot owners, or make such
information available for review at the convenience of other lot owners.
4. Operation and maintenance expenses. The owner of each lot shall be
entitled to each use one-third (1/3) of the water produced by the Well. The withdrawal of
water from the Well shall be for uses permitted by the State of Colorado. Each lot owner
using the Well shall pay one-third (1/3) of the costs of maintenance, operation, electricity,
repair, and replacement of the Well, pump(s) and appurtenant facilities, and the costs of
common water lines or other common water facilities equally. If any lot is not hooked
onto the Well, the owner of such lot shall not be obligated to contribute towards operation
and maintenance expenses. If any lot is hooked on but has not yet commenced service, no
electricity costs shall be assessed against the owner of such lot. In addition, each lot
owner shall be exclusively responsible for the costs of installation, operation, repair or
replacement of any facilities used solely by that party, including individual service lines
and any individual storage tanks. Otherwise, the lot owners shall cooperate to operate and
maintain the Water System and to pay any associated costs for maintenance, operation,
repair, replacement, or improvement of common facilities. Non-essential maintenance,
operation, repair, replacement or improvement of any part of the Water System shall only
be performed after consent of all lot owners.
5. Emergency repair of Water System. In the event that the lot owners are
unable to agree upon any maintenance, repair replacement or improvement necessary to
COOK -Declaration re Well Sharing -I 2
continue water service, any of the lot owners shall be entitled to undertake any
maintenance, repair, replacement or improvement necessary and essential to allow
continued water service. In the event that any lot owner(s) decide to undertake any such
work absent the consent of any other lot owner(s), he or she shall notify the other lot
owners in writing. The lot owner(s) undertaking the work shall, upon completion, provide
the other owner(s) with a written statement of the work performed and an allocation of
each lot owner's share of the costs.
6. Use. In-house use of water from the Well shall take precedence over
outside lawn and irrigation. In the event of a shortage, all lot owners shall cooperate and
shall reduce their uses accordingly to conserve water. So long as sufficient water is
available, each lot owner shall be entitled to irrigate up to 14,520 square feet (1/3 of an
acre). No lot owner shall be entitled to waste water, and each owner shall exercise
prudence and conservation in the use of water in order to allow for the efficient and
beneficial use of the Well.
7. Storage. In the event that the pumping rate of the Well becomes
inadequate to meet the daily in-house use demands of the three single family homes to be
located on each of the three lots, the lot owners shall cooperate to purchase and install a
storage tank of a mutually agreeable size, but inno event less than 1,500 gallons in size.
Such storage tank shall be placed in a mutually agreeable location where it can service all
three lots. The provisions in Paragraph 2 above regarding easements shall apply to any
storage tank(s) installed pursuant to this provision. However, the owner of the lot upon
which the tank will be located shall have reasonable discretion to determine the precise
location of the tank.
8. Payment of common expenses. Each lot owner shall pay his or her share
of common expenses within fifteen (15) days from the time at which a written statement
of expenses is presented for payment by any other lot owner(s). In the event that a lot
owner fails to pay his or her share of common expenses within thirty (30) days of
presentment, interest on the unpaid amount shall accrue at the rate of eighteen percent
(18%) per annum, beginning thirty (30) days after presentment. In the event that any lot
owner fails to pay any amount due, including any accrued interest, within six months
from the date of presentment for payment, water service to the delinquent lot may be
discontinued. However, notice shall first be given to the non-compliant lot owner by
certified mail sent no less than thirty (30) days prior to termination of service to the last
known address of the delinquent owner. Any lot owner(s) that have paid the delinquent
owner's share of costs and expenses shall be entitled to pursue any remedy available at
law or in equity for a breach of this Agreement, and shall be entitled to reasonable
attorneys' fees and costs incurred in the collection process.
9. No other wells.- No other exempt wells may be drilled upon any lot
within the Property unless the drilling of any such well does not jeopardize the status of
the Well Permit for the Well which is exempt from administration under the prior
appropriation system pursuant to Colo. Rev. Stat. Section 37-92-602(3)(b)(II)(A).
COOK -Declaration re Well Sharing -1
• •
10. Prohibition of manufactured housing or mobile homes. Manufactured
housing andior mobile homes are prohibited on any part of any lot within the Property,
during construction or otherwise.
11. Maintenance. Each lot owner shall keep his or her lot clear and free of
trash, junk, litter and debris, and shall keep the improvements thereon in good repair.
12. Covenants to run. These covenants and restrictions shall run with all lots
within the Property and shall bind the owners thereof, their successors and assigns.
13. Enforcement. This document may be enforced by any lot owner or any
governmental agency having jurisdiction over the matter, by an action for damages or for
injunctive relief to restrain or mandate any action required by this document. The
interpretation of this document shall be governed by Colorado law. Unless the parties to
any dispute arising with regard to this document agree to an alternate form of dispute
resolution, venue for any dispute arising with regard to this document shall be in the
courts of Garfield County, Colorado. The prevailing party in any legal action to enforce
this document shall be entitled to reasonable attorneys' fees and costs.
14. Amendments. This document shall be recorded in the real estate records
of Garfield County, Colorado. This document may only be amended by the unanimous
written consent of all lot owners within the Property. No amendment shall be effective
until an instrument setting forth such amendment, signed by all lot owners, is recorded in
the real estate records of Garfield County, Colorado.
15. Severability. Should any provision of this document be declared invalid
or unenforceable by a Court of competent jurisdiction, such decision shall not affect that
validity of any other provisions, which shall remain in full force and effect.
DATED: , 2000.
- STATE OF COLORADO }
}
COUNTY OF GARFIELD }
ss.
DECLARANT:
Gaye Leo
The foregoing Declaration was subscribed and sworn to before me this day of
, 2000, by Gaye Leo.
WITNESS my hand and official seal. My commission expires:
Notary Public
COOK -Declaration re Well Sharing -1 4
DECLARATION OF COVENANTS AND
WELL -SHARING AGREEMENT
THIS DECLARATION OF COVENANTS and WELL -SHARING
AGREEMENT is made this _ day of , 2000, by Gaye Leo
(hereinafter collectively referred to as "Declarant") owner of the property described
below, which property is located in Garfield County, Colorado:
WITNESSETH:
WHEREAS, Declarant is the sole owner of certain real property located in
Garfield County, Colorado, described as the property in the West 1/2 of the Southwest 1/4
that is located north of the northwestern boundary line of the right of way for County
Road 320 in Section 20, Township 6 South, Range 93 West of the 6th P.M. (hereinafter
referred to as the "Property"); and
WHEREAS, a well known as "Leo Well " (hereinafter referred to as the "Well")
is located upon the Property at a point approximately 1400 feet from the South Section
Line and 4500 feet from the East Section Line of said Section 20; and
WHEREAS, Declarant is the sole owner of the Well; and
WHEREAS, the Colorado Division of Water Resources has issued Well Permit
Number 221943 for the Well, which permit allows use of water from the well for fire
protection, ordinary household purposes inside three (3) single family dwellings, the
irrigation of not more than one acre of homes, gardens and lawns, and the watering of
domestic animals; and
WHEREAS, Declarant intends to subdivide the Property into three lots, that the
Well be the primary source of water for use on such lots and that all three lots will share
equally;
NOW, THEREFORE, Declarant hereby declares that the Well and the Property
shall be held, sold and conveyed subject to the following restrictions, covenants and
conditions, which are for the purpose of protecting the value and desirability of the
Property, and which shall run with the Well and the Property and be binding upon all
parties having any right, title or interest in the Well and the Property, or any part thereof,
their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
1. Water supply. The water supply for each of the three lots within the
Property shall be the Well (Lea Well ), as operated pursuant to Well Permit No. 221943
issued by the Colorado Division of Water Resources. All lot owners shall be jointly
responsible for meeting all obligations set forth in the Well Permit.
LEO -Declaration re Well Sharing -1 1
• •
2. Water System Easements. All owners of lots within the Property shall
have an easement to access the Well and all pumphouses, storage tanks, pipelines, and
other workings (collectively referred to as the "Water System") located anywhere within
the Property, for reasonable operation and maintenance purposes. Such easement
includes a right to free and unrestricted access for such purposes and shall be twenty (20)
feet in width surrounding all parts of the Water System. In the event that any gates, well
houses, or other parts of the Water System are locked for security purposes, all lot owners
shall immediately be provided with a key and shall not otherwise be restricted from
accessing the Water System. The reciprocal easements granted herein shall be for the
benefit of all lots within the Property. The location of all parts of the Water System shall
be determined by cooperation of all lot owners and in a manner which interferes the least
with existing structures including but not limited to houses, outbuildings, and roads.
3. Ownership. All lot owners shall own an undivided one-third (1/3) interest
in the Well and the Well Permit, pump(s), and any appurtenant facilities used in common
by all lots. Each lot owner's interest in the Well and Water System shall be appurtenant
to their lot and may not be transferred apart from the lot. All lot owners shall be mutually
responsible for the Well and to operate, maintain, repair, replace and improve the Well,
pumps and any other appurtenant facilities for their joint benefit. The Well Permit shall
be put in the name of the owner(s) of the lot upon which the Well is located, as such
ownership may change from time to time, and such owner shall be responsible for
subsequent assignments and amendments to reflect current ownership. The owner of the
lot upon which the Well is located shall be designated as the lot owner to receive all mail
and documentation relating to the Well and Water System. Such lot owner shall promptly
provide copies of all such mail and documentation to other lot owners, or make such
information available for review at the convenience of other lot owners.
4. Operation and maintenance expenses. The owner of each lot shall be
entitled to each use one-third (1/3) of the water produced by the Well. The withdrawal of
water from the Well shall be for uses permitted by the State of Colorado. Each lot owner
using the Well shall pay one-third (1/3) of the costs of maintenance, operation, electricity,
repair, and replacement of the Well, pump(s) and appurtenant facilities, and the costs of
common water lines or other common water facilities equally. If any lot is not hooked
onto the Well, the owner of such lot shall not be obligated to contribute towards operation
and maintenance expenses. If any lot is hooked on but has not yet commenced service, no
electricity costs shall be assessed against the owner of such lot. In addition, each lot
owner shall be exclusively responsible for the costs of installation, operation, repair or
replacement of any facilities used solely by that party, including individual service lines
and any individual storage tanks. Otherwise, the lot owners shall cooperate to operate and
maintain the Water System and to pay any associated costs for maintenance, operation,
repair, replacement, or improvement of common facilities. Non-essential maintenance,
operation, repair, replacement or improvement of any part of the Water System shall only
be performed after consent of all lot owners.
5. Emergency repair of Water System. In the event that the lot owners are
unable to agree upon any maintenance, repair replacement or improvement necessary to
LEO -Declaration re Well Sharing -1 2
continue water service, any of the lot owners shall be entitled to undertake any
maintenance, repair, replacement or improvement necessary and essential to allow
continued water service. In the event that any lot owner(s) decide to undertake any such
work absent the consent of any other lot owner(s), he or she shall notify the other lot
owners in writing. The lot owner(s) undertaking the work shall, upon completion, provide
the other owner(s) with a written statement of the work performed and an allocation of
each lot owner's share of the costs.
6. Use. In-house use of water from the Well shall take precedence over
outside lawn and irrigation. In the event of a shortage, all lot owners shall cooperate and
shall reduce their uses accordingly to conserve water. So long as sufficient water is
available, each lot owner shall be entitled to irrigate up to 14,520 square feet (1/3 of an
acre). No lot owner shall be entitled to waste water, and each owner shall exercise
prudence and conservation in the use of water in order to allow for the efficient and
beneficial use of the Well.
7. Storage. In the event that the pumping rate of the Well becomes
inadequate to meet the daily in-house use demands of the three single family homes to be
located on each of the three lots, the lot owners shall cooperate to purchase and install a
storage tank of a mutually agreeable size, but in no event less than 1,500 gallons in size.
Such storage tank shall be placed in a mutually agreeable location where it can service all
three lots. The provisions in Paragraph 2 above regarding easements shall apply to any
storage tank(s) installed pursuant to this provision. However, the owner of the lot upon
which the tank will be located shall have reasonable discretion to determine the precise
location of the tank.
8. Payment of common expenses. Each lot owner shall pay his or her share
of common expenses within fifteen (15) days from the time at which a written statement
of expenses is presented for payment by any other lot owner(s). In the event that a lot
owner fails to pay his or her share of common expenses within thirty (30) days of
presentment, interest on the unpaid amount shall accrue at the rate of eighteen percent
(18%) per annum, beginning thirty (30) days after presentment. In the event that any lot
owner fails to pay any amount due, including any accrued interest, within six months
from the date of presentment for payment, water service to the delinquent lot may be
discontinued. However, notice shall first be given to the non-compliant lot owner by
certified mail sent no less than thirty (30) days prior to termination of service to the last
known address of the delinquent owner. Any lot owner(s) that have paid the delinquent
owner's share of costs and expenses shall be entitled to pursue any remedy available at
law or in equity for a breach of this Agreement, and shall be entitled to reasonable
attorneys' fees and costs incurred in the collection process.
9. No other wells; No other exempt wells may be drilled upon any lot
within the Property unless the drilling of any such well does not jeopardize the status of
the Well Permit for the Well which is exempt from administration under the prior
appropriation system pursuant to Colo. Rev. Stat. Section 37-92-602(3)(b)(II)(A).
LEO -Declaration re Well Sharing -1 3
• •
10. Prohibition of manufactured housing or mobile homes. Manufactured
housing and/or mobile homes are prohibited on any part of any lot within the Property,
during construction or otherwise.
11. Maintenance. Each lot owner shall keep his or her lot clear and free of
trash, junk, litter and debris, and shall keep the improvements thereon in good repair.
12. Covenants to run. These covenants and restrictions shall run with all lots
within the Property and shall bind the owners thereof, their successors and assigns.
13. Enforcement. This document may be enforced by any lot owner or any
governmental agency having jurisdiction over the matter, by an action for damages or for
injunctive relief to restrain or mandate any action required by this document. The
interpretation of this document shall be governed by Colorado law. Unless the parties to
any dispute arising with regard to this document agree to an alternate form of dispute
resolution, venue for any dispute arising with regard to this document shall be in the
courts of Garfield County, Colorado. The prevailing party in any legal action to enforce
this document shall be entitled to reasonable attorneys' fees and costs.
14. Amendments. This document shall be recorded in the real estate records
of Garfield County, Colorado. This document may only be amended by the unanimous
written consent of all lot owners within the Property. No amendment shall be effective
until an instrument setting forth such amendment, signed by all lot owners, is recorded in
the real estate records of Garfield County, Colorado.
15. Severability. Should any provision of this document be declared invalid
or unenforceable by a Court of competent jurisdiction, such decision shall not affect that
validity of any other provisions, which shall remain in full force and effect.
DATED: , 2000.
STATE OF COLORADO
COUNTY OF GARFIELD
DECLARANT:
Gaye Leo
The foregoing Declaration was subscribed and sworn to before me this day of
, 2000, by -Gaye Leo.
WITNESS my hand and official seal. My commission expires:
Notary Public
LEO -Declaration re Well Sharing -1 4
Form No.
GWS -25
APPLICANT
ui-i-ILt LH- 1 1 M 1 t tIVI�IIVttli •
COLORADO D SION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(3031 866-3581
GAYE LEO
P.O. BOX 986
SILT, CO 81652
(970)876-5850 hm
(970)625-7913 wk
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMIT NUMBER 721943
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SW 1/4 Section 20
Twp 6 S Rng 93 W 6th P.M.
DISTANCE=S FROM SECTION LINES
1400 Ft. from SOUTH Section Line
4500 Ft. from EAST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) 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.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of ± 51.0 acres described
as that portion of the NW 3/4, SW '/a, Sec. 20, Twp. 6 South, Rng. 93 West, 6th P.M., Garfield County.
Reference attached exhibit A.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the
watering of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2177-203-00-431
Assessor Tax Schedule Number: 247326
APPROVED
DMW
Receipt No.
!% 2-2,_ '�--
oi /jo/Zoo 0
State Engineer
DATE ISSUED JAN 12 2000 EXPIRATION DATE JAN 12 2002
Form No.
GWS -25
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
OFFICE OF TI•TATE ENGINEER
COLORADO DIVISION OF WATER RESOURCE �°��eEI COP?'
APPLICANT
GAYE LEO
P.O. BOX 986
SILT, CO 81652
(970)876-5850 hm
(970)625-7913 wk
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMIT NUMBER 221943
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SW 1 /4 Section 20
Twp 6 S Rng 93 W 6th P.M.
DISTANCES FROM SECTION LINES
1400 Ft. from SOUTH Section Line
4500 Ft. from EAST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) 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.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of ± 51.0 acres described
as that portion of the NW 14, SW '/4, Sec. 20, Twp. 6 South, Rng. 93 West, 6th P.M., Garfield County.
Reference attached exhibit A.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and (awns and the
watering of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
anon evaporative type where the water is returned to the same stream system in which the well is located.
7) tThis well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2177-203-00-431
Assessor Tax Schedule Number: 247326
O///�Zoo.
APPROVED
DMW
Receipt No.
State Engineer
• 7<ce---� � tet.,
DATIE ISSUED JAN 12 2000 EXPIRATION DATE JAN 12 2002
STATE OFCOLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
POLICY MEMORANDUM 95-7
December 28, 1995
SUBJECT: Subdivision Water Supply Plan Review
Roy Romer
Governor
lames S. Lochhead
Executive Director
Hal O. Simpson
State Engineer
Effective immediately, the following shall replace any existing guidelines and policies relating
to consideration of cumulative effect of individual wells, and in particular the March 1, 1988
memorandum regarding county land division of 35 acres or more into three parcels.
Due to the August 7, 1995 decision to only comment on "subdivision" referrals from the
county planning offices, I have reconsidered the previous policies and guidelines that were
developed based on the counties granting exemptions to the definition of a subdivision for
many land divisions. This change does not affect county division of land by exemption where
cumulative effect of wells on such lots is not considered.
The passage of Senate Bill 35 in 1972, which required this office to consider the cumulative
effect of new on lot subdivision wells on existing water rights, was intended to require new
subdivisions to remedy any injury they may cause to existing water rights. It was later
amended to require this office not to rely on the presumptions of no injury for exempt wells
in these instances and to consider the provision of Section 37-92-602(3)(b)(III), C.R;S.,
regarding cumulative effect in evaluating well permit applications in subdivisions. To
implement these requirements, 1 am adopting the following evaluation standards for
subdivision water supply plan review:
1. Proposals to subdivide parcels of 35 acres or more into two or more tracts,
served by individual on lot wells, shall consider the cumulative effect of all such
wells unless specifically allowed by other policy. This means we will not
"exchange" a well permitted as the only well on 35 acres or more under the
provision of Section 37-92-602(3)(b)(II)(A), C.R.S., for three household use
only wells.
2. Proposals to subdivide pre June 1,1972 parcels into two or more tracts, served
by individual on lot wells, shall consider the cumulative effect of all such wells
unless specifically allowed by other policy. This means that in the case of
division of one parcel into two or more lots, we will consider the cumulative
effect of all wells if either; 1) no well exists on the original parcel, or 2) an
existing well was permitted under the provision of Section 37-92-
602(3)(b(tt)(A), C.R.S., and conditioned as the only well on the original 'parcel.
Policy Memorandum 95-7
Subdivision Water Supply Review
December 28, 1995
Page 2
In order to provide for the issuance of consistent opinions to the counties and actions on well
permit applications, the following examples of when to consider cumulative effect are
provided:
EXISTING
SITUATION
35 + ACRES
NO EXISTING WELLS
35 + ACRES
PERMITTED WELL
PER 602(3)(b)(II)
AS ONLY WELL ON 35 +
SUBDIVISION
PROPOSAL
2 OR MORE LOTS
IINDIVIDUAL ON LOT WELLS
2 OR MORE LOTS
INDIVIDUAL ON LOT WELLS
35+ ACRES* 2 LOTS W/IND WELLS
PRE 5/8/72 PERMITTED (ONE ADD. HUO WELL)
EXEMPT WELL OR QUALIFY
UNDER 602(5) THAT SERVES 3 LOTS W/IND WELLS
ONE SINGLE-FAMILY DWELLING (TWO ADD. HUO WELLS)
35+ ACRES*
POST 5/8/72 WELL
PERMITTED PER
602(3)(b)(I) AND SERVES 3 LOTS W/IND WELLS
ONE SINGLE-FAMILY DWELLING
2 LOTS W/IND WELLS
35 + ACRES
WITH EXEMPT WELL
REGARDLESS OF HOW
PERMITTED
EVALUATION
CRITERIA
CUMULATIVE
EFFECT
CUMULATIVE
EFFECT
NO CUMULATIVE
EFFECT
CUMULATIVE
EFFECT
NO CUMULATIVE
EFFECT
CUMULATIVE
EFFECT
NOT MORE THAN 3 LOTS NO CUMULATIVE
SERVED BY COMMON EXEMPT EFFECT
WELL PERMITTED UNDER
602(3)(B)(II)(A) AS ONLY
WELL ON THE 35 + ACRE PARCEL
TO BE DIVIDED INTO 3 LOTS
* In these cases, the subject 35 + acre parcel must not have been involved in a previous
division of land after June 1, 1972, that created one or more parcels of Tess than 35
acres that are served by a well or wells approved pursuant to Section 37-92-
602(3)(b)(II)(A) C.R.S.
Policy Memorandum 95-7
Subdivision Water Supply Review
December 28, 1995
EXISTING
SITUATION
<35 ACRES
NO EXISTING WELLS
Page 3
SUBDIVISION EVALUATION
PROPOSAL CRITERIA
2 OR MORE LOTS CUMULATIVE
INDIVIDUAL ON LOT WELLS EFFECT
<35 ACRES 2 OR MORE LOTS CUMULATIVE
PERMITTED WELL INDIVIDUAL ON LOT WELLS EFFECT
PER 602(3)(b)(II)
AS ONLY WELL ON THAT
TRACT
<35 ACRES** 2 LOTS W/IND WELLS NO CUMULATIVE
PRE 5/8/72 PERMITTED (ONE ADD. HUO WELL) EFFECT
EXEMPT WELL OR QUALIFY
UNDER 602(5) THAT SERVES 3 LOTS W/IND WELLS CUMULATIVE
ONE SINGLE-FAMILY DWELLING (TWO ADD. HUO WELLS) EFFECT
<35 ACRES** 2 LOTS NO CUMULATIVE
POST 5/8/72 WELL INDIVIDUAL ON LOT WELLS EFFECT
PERMITTED PER
602(3)(b)(I) AND SERVES 3 LOTS CUMULATIVE
ONE SINGLE-FAMILY DWELLING INDIVIDUAL ON LOT WELLS EFFECT
**
In these cases, the subject less than 35 acre parcel must not have been involved in a
previous division of land after June 1, 1972.
As other examples of application of these concepts become apparent this list will be
supplemented.
HDS/SPL/sI
al D. Simpson
State
i onState Engineer
1
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
June 20, 2000
Mark Bean
Garfield County Planning Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Gaye Leo Subdivision
Dear Mark:
•
RECEIVED JUN 2 1 2000
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
After the sketch plan review before the Garfield County Commissioners for the Gaye
Leo Subdivision on May 10, 2000, you asked if the State Engineer had issued an opinion letter
regarding the legality of the water supply for the proposed subdivision. In case you had not
received it, I wanted to make you aware that on April 4, 2000, Kenneth W. Knox, the
Assistant State Engineer, issued the enclosed letter which includes a determination that the well
on Ms. Leo's property is adequate for a legal water supply for three homes. Please let either
me or Sherry Caloia know if you require anything additional.
Ver truly yours,
CALOI & H (, UPT, P.C.
Mar E. amilton
MEH:nii
Enclosure
cc: Gaye Leo, w/enc.
Chris Manera, w/enc.
LEO-Bean-ltr-2
• •
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone: (303) 866-3581
FAX: (303) 866-3589
http://water.state.co.us/default.htm
April 4, 2000
Mark Bean
Garfield County Building and Planning Department
109 8' Street, Suite 301
Glenwood Springs, CO 81601
Re: Leo Subdivision
W '/z, SW '/<, Sec. 20, T 6 S, R 93 W, 6th P.M.
Water Division 5, Water District 45
Dear Mr. Bean:
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
We have reviewed the above referenced proposal to subdivide approximately 51 acres into three
residential lots of 5, 10, and 36 acres. Each lot is proposed to have one single-family dwelling. The water
supply for the three lots is to be provided by a shared well. An estimate of water use for the three lots was not
provided in the submittal materials.
Well permit no. 221943 was issued on January 12, 2000 pursuant to CRS 37-92-602(3)(b)(II)(A) which
provides a rebuttable presumption that there will not be material injury to the vested water rights of others or to
any other existing wells. Permit no. 221943 was issued as the only well on a tract of land of approximately 51
acres and limits the pumping rate of the well to 15 gallons per minute. The use of water from the well is limited
to ordinary household purposes inside three single-family dwellings, the irrigation of not more than one acre of
home gardens and lawns, and the watering of domestic animals. The permit also requires the return flow from
the use of the well must be through individual waste water disposal systems of the non -evaporative type where
the water is returned to the same stream system in which the well is located. The well construction report for
this well was submitted on March 13, 2000 and indicates the well was constructed to a depth of 130 feet on
February 4, 2000. In a two-hour pump test, the well is reported to have produced 8 gallons per minute. The
drawdown and recovery of the well during the pump test was not reported.
Pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is our opinion that the proposed water supply will
not cause injury to decreed water rights, and based on a sustained yield at the above reported rate, and with
appropriate storage capacity, the use of the proposed well should be adequate for a potable water supply. If
you or the applicant has any questions concerning this matter, please contact Jeff Deatherage of this office
for assistance
Sincerely,
Kenneth W. Knox
Assistant State Engineer
KW K/J D/l_eo.doc
cc: Orlyn Bell, Division Engineer
Bob Klenda, Water Commissioner, District 45
• •
AGREEMENT FOR USE OF GIVEN EASEMENT
This agreement between Kirk and Trina Swallow (Swallow) and Gayle Leo (Leo) is for some designated
uses of land now owned by Leo west of Swallow at 2170 Co. 321, Rifle, Co. Swallow has granted an
easement over his property for Leo to access her property at the northwest corner of Swallow's property.
Leo is building a house and has intentions of dividing her property into numerous parcels. For
consideration of the use of this easement Leo agrees to the following:
Not to access a divided parcel of her land, to the East of the house she is building, from given easement. Or
to let another residence be built between Swallow house and Leo house. Or to construct a road within 100
yards of the Swallow Leo property line.
Leo agrees to access divided parcels, to the west of her house along her South property line, on the existing
road to her home.
Leo agrees that any future power lines will be run underground.
Leo agrees not to construct horse or cow corrals within 100 yards of Swallow.
This agreement shall be appurtenant to and run with the ownership and possession of the adjacent
properties.
IN WITNESS WHEREOF, Grantors have caused these presents to be duly executed on this
of1Th ) . 20 C .
�Y` r
Kirk A. Swallow
114)
Trina L Swallow
State of Colorado )
) ss
County of Garfield )
7-
Gayle Leo
The foregoing instrument was acknowledge before me this ,2,"qday of Ina ,k. 2000, by Kirk A.
Swallow, Trina L. Swallow andG le
My conunission expires `' 30 2.��
itness my hand and official seal.
1
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Name of Application: Leo Subdivision Sketch Plan
Sent to: City of Rifle
Date Sent: 3/21/00
Comments Due: 4/21/00
Garfield County requests your comments in review of this project. Please notify the staff
in the event that you are unable to respond by the date listed above. This form may be
used for your response, or you may attach your own additional sheets as necessary.
Written comments may be mailed or faxed to:
Garfield County Building & Planning
Staff contact: Planner
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-5004
Phone: 970-945-8212
General comments: This application was sent to all Rifle Planning Commissioners,
Rifle City Council Members and pertinent staff. The overall concern was that
Taughenbaugh Mesa was not a good plr redential development due to the fact that
there is not much water. The proposal suggests that three single-family dwellings could
effectively use one well. This proposal begs the questions: "What if the well runs dry;
would the City of Rifle be expected to serve these residences, and could the development
include more residences in the future?" The City of Rifle Water Treatment Plant abuts
this property, and discussion was had as to possible seepage occurring around the septic
tanks of these residences into the Water Treatment Plant. The Rifle Fire Marshall Mike
Morgan was concerned about putting out a fire at this site, since there is no large source
of water within two miles of this site, except the Water Treatment Plant. Yet another
concern was the apparent fragmentation of viable agricultural land.
On April 5, 2000, Rifle City Council approved a motion to recommend to Garfield
County Building and Planning denial of the Leo Subdivision Sketch Plan. The minutes
of this meeting are enclosed in this referral form. Should you have any questions about
this review, please don't hesitate to call Patricia F. Hopkins, Director of Planning and
Development, at 625-6253, Monday through Friday, from 8 a.m. to 5 p.m.
This review agency recommends (circle one): Approval / Denial
The following are suggested conditions of approval, or are the reasons for denial:_
Stated above are reasons for concern, and therefore reasons for denial.
Name of Review Agency: City of Rifle Planning and Development Department
By: Patricia F. Hopkins, Director of Planning and Development Date: April 6, 2000
Bookcliff Soil Conservation District
P.O. Box 1302 - Glenwood Springs, CO 81602
r^
April 14, 2000
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81602
Dear Sir:
At the regular monthly meeting of the Bookcliff Soil Conservation District, the
Board reviewed the application and plan for the Leo Subdivision.
Of prime concern to the Board is the proper maintenance and protection of any
irrigation system which is on the site. Liability of the ditch owners is always
something they question, and the ability to maintain the right -of-way easement
for use by the owners of the water rights should continue.
The board is always concerned about animal control in an area where there is the
potential for wildlife or domestic livestock and recommends animal control
within the subdivision.
Sincerely,
Charles Ryden, President
Bookcliff Soil Conservation District
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT