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HomeMy WebLinkAbout1.0 ApplicationRECEIVED GARFIELD COUNTY Building & Planning Department APR 0 8 2004 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 BBGARFIELD COUNTY Telephone: 970.945.8212 Facsimile: 970.384: 1 PLANNING www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: 0361 County Road 311, Silt, CO 81652 - Approximately 1 mile south of the Silt Interstate 70 interchange > Legal Description: See attached exhibit 'A' > Existing Use & Size of Property in acres: Single family w/accessory dwelling unit ➢ Description of Special Use Requested: Resort i Zone District: A/I (Agricultural/Industrial) > Name of Property Owner (Applicant): Thom M. and Camille R. Toler ➢ Address: 0361 County Road 311 Telephone: 970-876-1906 > City: silt State: Co Zip Code: 81652 FAX: ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): William P. Balaz Jr., P.E. ➢ Address: 2527 Foresight Circle Telephone: 970-263-9733 > City: Grand Junction State: co Zip Code: 81505 FAX: 263-9736 ➢ Doc. No.: ➢ Planner: STAFF USE ONLY Date Submitted: TC Date: Hearing Date: 6.78 ac 1. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses. [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site'at http://www.garfield-county.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. ii. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. in addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information w4 i • : and accurate to the best of my knowledge. Sign. ure of aicant/owner) Last Revised: 11/07/2002 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICA has submitted COUNTY n application for C �, hereinafter, THE PR JECT . �� / i� r Vii`— {�� E� � ( ) I 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. `77 C ►dk r 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and tc thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service deteliiiined necessary by the Board of County Commissioners for the consideration of ar application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded cost exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paic prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. • Date: Twovvi tc. Ca_4111 t Print Name i J Mailing Address: 3 1 t vt CC'Ik Page 4 APPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsi mile: 970-384-3470 Submittal Date: Base Fee: $400.00 Applicant: Thom M. and Camille R. Toler Address 9f Applicant: 0361 County Road 311, Silt, CO Telephone: 876-1906 mal Use Being Requested: Resort Zone District: A/I Size of Property: 6.78 acres Application Requirements: These items must be submitted with the application 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2.) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 7.) You must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3. (on industrial type use applications sections 5.03.07 and 5.03.08 will be necessary to address). notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 45 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, to all owners of record as shown in the Assessor's Office of lots within 200' of the the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 30 but not more than 60 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. The informatio Applicant: this ap. -tion is complete and correct, to the '-est • my knowledge: Gam// Please jtibm t 8 c•mplete sets of application when submitting for re RUBY RIVER RESORT SPECIAL USE PERMIT APPLICATION Introduction Site and Situation Thom and Camille Toler are the property owners and developers for the proposed Ruby River Resort. The Ruby River Resort project is a phased development that ultimately includes a lodge, small cabins, a store for guests and a outdoor activities such as fishing, rafting, hiking , etc. The development concept is described more fully herein. The Ruby River Resort is proposed for a tract of land 6.78 acres in size, located approximately 1.0 miles south of the Town of Silt, within the Agricultural/Industrial (A/I) zone district. The address is 0361 County Road 311, Silt, Colorado 81652. The subject tract is bounded on the east by County Road 311, bounded on the north by the Colorado River, with private lands adjacent to the west and south. The tract currently contains a single family dwelling, the Toler residence; a vacant accessory dwelling unit, approximately 916 square feet in size; and a 1280 square foot garage/shop building. See Vicinity Map. Currently, two driveways provide access to the property. The Last Chance Ditch exits the Colorado River immediately north of the subject tract and intersects northern and western portions of the site. Various internal irrigation ditches transverse the property. A small pond, approximately 0.3 acres in size exists in the southwestern corner of the site. Phone and power services are currently connected to the Toler residence and the auxiliary dwelling unit to the front of the property. Sewage treatment for the Toler Residence and the auxiliary dwelling unit is provided by a septic tank and engineered mound leach field. Potable water is provided by the existing Wigger well and water purchased from West Divide. Resort Development Proposal The Garfield County zoning resolution allows a resort within the A/I zone district upon review and approval of a special use permit. The resort development master plan includes: • Conversion of the accessory dwelling unit into a 2 bedroom condominium, • Construction of three (3) small cabins, • Establishment of a day use area with a gazebo in the northwest corner of the property, • Construction of a lodge and restaurant, • Construction of store for resort guests, • Creation of fishing pond including fish cleaning facilities for guests, • Establishment of outdoor activity businesses, such as rafting, hiking, guided fishing trips, hunting, cross country skiing and snowmobiling. The Ruby River Resort will be built in a series of complementary phases to its design capacity of 48 guests. Initially, employees will be the Toler family members, with local residents being hired for various jobs as the business expands. The estimated total of number of jobs that would be created is eight. Ultimately, the master plan envisions the full suite of land uses and amenities allowed under the resort defmition. The project phasing is described below. First Phase The initial phase of the resort is proposed to consist of a lodging facility within the accessory dwelling unit, accommodating up to 4 overnight guests. This structure consists of two bedrooms, a bathroom, kitchen and a large common area. Three additional cottages, approximately 400 square feet each in size, will be built for overnight guest accommodations. These structures will sleep a maximum of two guests each and contain a bathroom and kitchenette. A second engineered mound system with septic tank is projected for sewage treatment for the three cabins. Other amenities proposed for the initial phase include the trout pond, fish cleaning facilities, and gazebo for day use. Day use activities could include family picnics or reunions, weddings, anniversaries, and company functions. Portable toilets would be provided for the day use and fishing pond areas. The resort would operate on a 7 days per week, 365 days per year schedule. The hours of operation for the day activities would be 6:00 AM to 10:00 PM. Guests staying overnight would check-in in early afternoon to late evening as is typical of a lodging facility. Check out time would be 12:00 PM. See Site Map. Second Phase The first phase activities plus the addition of the following: • Establishment of a river rafting business including storage facilities for rafts and other equipment, and • Establishment of a small store that would provide fishing tackle, rafting supplies, food and beverages. The store is intended to serve guests and day use visitors only. Third Phase The previous phase activities plus the addition of • A lodge facility with additional accommodations to the design capacity of 48 guests. • A restaurant to provide breakfast, lunch, and dinner for the resort guests. Page 2 The operating schedule would remain similar to Phase 1 for the subsequent phases. At this time, it is anticipated that Phases 2 and 3 will not be completed until the infrastructure, sewer collection and culinary water distribution systems, for Stillwater Ranch are completed. This Special Use Permit application is being made for the first phase development only. The infrastructure descriptions below are intended to address the needs for this first phase only. The facilities described herein are shown on the site map. Resort Water Supply The lodging units contained in the first phase will be served by an individual well, known as the Wigger Well. This well has a Priority Date of July 1, 1957, under Case Number W-11611. Well Permit Number 217995 has been issued, approving a production rate of 0.0198 cfs, or approximately 9 gpm. The single family dwelling has its own water supply, which will not be affected by this application. Discussions with the Division of Water Resources have been held concerning this well and its use as the water supply for the initial phase(s) of the resort. An application is being submitted to change the use from residential to commercial. See attached application. The estimated water source capacity required for the Phase 1 cabins and the lodging facility in the auxiliary dwelling is 2.78 gpm. These calculations are based on criteria used by the Colorado Department of Health. The existing well has sufficient capacity for Phase 1. However, as the lodge and restaurant are added in Phase 3, the well capacity is exceeded. Tolers do not plan on building Phases 2 and 3 until the infrastructure for the Stillwater Ranch development is completed. This infrastructure will provide both sewer collection and water supply capacity to handle the future development. The well for the Toler Residence is augmented by a water lease with West Divide Water Conservancy District. See attached lease. The existing lease will be amended to augment the use from the Wigger well per the attached application. The source capacity calculations and the water well information are attached. Resort Wastewater Treatment The existing single family dwelling and the accessory dwelling unit are served by an engineered, pressurized mound septic system. The proposed addition of three cottages will utilize a mound system for sewage treatment similar to the existing, approved system. An engineering analysis has been completed showing that the proposed facilities can be added and stay within the 2,000 gallons per day sewage demand limit that keeps the facility within Garfield County's jurisdiction. This sewage demand engineering analysis and the permit for the existing mound system are attached. Page 3 The design for a second engineered mound system will be submitted prior to obtaining a building permit. The second mound system will be located near the existing facility. Access Access to the resort would be via County Road 311. This portion of County Road 311 was annexed by the Town of Silt at the time of annexation of the Stillwater property. Currently, the subject property has two access points along this road. The northerly access is approximately 150 feet south of the bridge over the south channel of the Colorado River. This driveway is primarily utilized as the access to the garage/shop building. The southerly access is located approximately 350 feet south of the bridge, mentioned earlier. This access is proposed to be the main access for the resort for Phase 3. Traffic is anticipated to be 4 trips per lodging unit per day for a maximum of 20 ADT. The ADT of the lodging units will vary with the occupancy rates. The day use area traffic trips are difficult to estimate since it will vary according to the size of the group using the facility and the frequency of bookings_ The trout pond use is again difficult to estimate. An ADT of 6 is assumed. The trout pond trip assumption will be modified based on actual experience in the Phase 2 and 3 filings. An ADT of 8 is assigned to the existing Toler residence. The total ADT for Phase 1 is 34. Gravel roads are proposed for the site as the traffic volume is very low and it is in character with the western resort theme. A preliminary discussion has been conducted with representatives of the Town of Silt. At the time of that discussion, the Public Works department did not advise as to the necessity of any improvements that would be required by the initial phase of the resort. Commensurate with the submittal of this review application to Garfield County, a review application is being submitted to the Town of Silt for further review and input. Comments provided by the Town of Silt, if any, will be included within the final special use permit application submitted to Garfield County. Parking Parking requirements for the initial phase of the resort development have been calculated using the Minimum Off -Street Parking Regulations contained in Section 5.01.02 of the Garfield County Zoning Resolution. The parking has been calculated on the basis of one space per bedroom (5) and an allowance for 2 employee spaces. The parking space dimensions are 10 feet by 20 feet each. The trout pond and day use area will also be provided with a parking area. It is difficult to predict precisely the amount of parking that will be required by this amenity, however, a total of 20 parking spaces, 10 feet by 20 feet, will be provided in the field behind the proposed rafting equipment storage area. There will be a total of two parking spaces provided to acco,11 iodate rafting company vans and trailers. Each space will be 50 feet in length and 12 feet in width. See the site plan for specific parking locations. Page 4 Anticipated Guest Occupancy and Day Use Visitation The resort is planned to function year-round. However, it is anticipated that the resort's high season will run from late May to the end of hunting season, annually. The rest of the year would be considered off-season, likely resulting in only weekend and holiday visitation. At full occupancy during the high season, it is anticipated that there will be a total of 10 overnight guests occupying the 4 lodging units, 3 cabins and converted auxiliary dwelling unit. Day use amenities such as the trout pond and river rafting amenities will generate additional guests. During high season, the initial phase of the development has been designed to accommodate up to 30 people utilizing the fishing amenities, simultaneously. This number is distributed over the estimated amount of day use visitation in tandem with resort occupants. Additionally, the rafting concession has been designed to accommodate up to two (2) rafting companies with up to 32 guests, simultaneously. The lodging facility is expected to be have operating hours from 6:00 AM to 12:00 AM for check in and check out. The day use areas are expected to have operating hours from 8:00 AM to 10:00 PM. 100 Year Floodplain The Toler property is located in unincorporated Garfield County and is therefore in an unregulated portion of the Colorado River. An unregulated section of the river means there are no Federal Emergency Management Agency (FEMA) FIRM maps for that particular section of the river. The first floor elevations have been established according to the Elevation Certification guidelines used by FEMA for construction in a floodplain. The 100 year flood elevations are based on the study performed by the Army Corps of Engineers for Garfield and Mesa Counties in cooperation with the Colorado Water Conservation Board in the 1980's. The cabin first floor elevation study is attached for your reference. The basic building foundation and grading concept is also illustrated. Adjacent Land Use Compatibility The proposed Ruby River Resort is an allowed use in the A/I Zone. The use of small log cabins for lodging is compatible with the rural, agricultural setting in the area. No new access points onto County Road 311 are proposed. A landscape screen comprised of willows and cottonwoods is proposed to shield the cabins from view. The trees around the auxiliary dwelling unit will be left in place, to the extent practical, to provide additional screening along the County Road. It is anticipated that future phases will extend the landscaping screen along the County Road frontage to the south. No yard lighting is proposed for Phase 1. The three small cabins will have porch lights. Page 5 This project is designed to provide a rural western experience for guests. The initial phase adds three small log cabins to the site. The ADT is very low and will have minimal impact on the County Road system. The resort operation will generate additional tax revenues, sales for other local businesses and employment, thereby providing a benefit to the Silt and Garfield County. The resort will be advertised along Interstate 70 near the Silt exit by leasing space on an existing billboard. Entrance signs will also be installed at each driveway. Page 6 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.water.state.co.us RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review Instructions on reverse side prior to completing form. The form must be completed in black ink. Office Use Only Form GWS -44 (3/2003) 1. Applicant Information Name of appticant 6. Use Of Well (check applicable boxes) l /1C2/'i rid r /fit i z{_6" To Mailing address 03‘71 co /1 c 3! 1 I4 170 ; X16 s j, ( l) 976- /9c,6 2. Type Of Application (check applicable boxes) ❑ Construct new well existing well 0 Replace existing well-e1iange or increase use 0 Change source (aquifer) ❑ Reapplication (expired permit) Ja'Other. (6)5rd nr/a l -1-o C, c' .14 41 moi" V- 1,4 L 3. Refer To (if applicable) See instructions to determine use(s) for which you may qualify ❑ A Ordinary household use in one single-family dwelling (no outside use) ❑ B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: ❑ Horne garden/lawn irrigation, not to exceed one acre: area irrigated 0 sq. ft. 0 acre ❑ Domestic animal watering — (non-commercial) ❑ C. Livestock watering (on farm/ranch/range/pasture) 7. Well Data (proposed) E[_( PCRHt r T Maximum pumping rate Annual amount lo be withdrawn gpm acre-feet W81penntar ,;•Z / 7 y S Designated Basin Determination 4 Water Cart (<j—l(cl Wel name or it v4/ T y e rz Total depth feet Aqui( 8. Water Supplier 4. Location Of Proposed WellcounG �(5-161k p �� 5 1/4d the E 1/4 Is this parcel within boundaries of a water service area? 0 YES 0 NO If yes, provide name of supplier. 9 Type Of Sewage System Section/ Township N or S Range E or W Principal Merida° 0 El IR Distance d well from section tines (section Ines are typicaly not property mss) 37Ct 3 Ft'fru°gN❑S 60 Fcfrrn,[5iE❑W ❑ Septic tank / absorption leach field ❑ Central system: District name: ❑ Vault: Location sewage to be hauled to: Other (attach copy of engineering design and report) replacement weds only - dstance and drecace frorn cid well to new well feet directi 10. Proposed Well Driller License #(optional): Wel location address (4 applicable) O3 / C./Z. 3 /1 Optional: GPS well location information In UTM format Required settings for GPS units are as follows: 11. Signature Of Applicant(s) Or Authorized Agent Format must be UTM Zone must be13 Units must be Meters t» must be NAD -Z7 (CONLJS) Und must be set to true north Were points averaged/ 0 YES 0 NO Northing Eastklg The making of false statements herein constitutes perjury In the second degree, which is punishable as a lass 1 misdemeanor pursuant b C.R.S. 24-4-104 (13Xa). I have read the statements herein, know the contents the . and •= t: that they . true to my knowledge. 5. Parcel On Which Well Will Be Located Office Use Only A.You must check and complete one of the following: O Subdivision: Name Lot Block Filing/Unit ❑ County exemption (attach copy of county approval & survey): Name/# Lot # t0- Parcel less than 35 acres, not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972 ❑ Mining claim (attach a copy of the deed Or !Rimy): Name/# ❑ Square 40 acre parcel as described in Item 4 �❑Parcel of 35 or more acres (attach a metes and bounds description or surrey) -t, t�r� Other (attach metes & bounds description or survey and supporting documents) USGS map name DWR map no. Surface elev. B. # d acresinparcel C. Are you the owner of this parcel? YES 0 NO (5 no - see Instructions) D. ywhl Mins be the only well on this parcel? YES ❑ NO (I no - list other wells) E. State Parcel 105 (optional). ecelpt area only WE WR CWCB TOPO MYLAR S85 DIV WD 8A __ MD COLORADO DIVISION OF WATER RESOURCES GWS -44 RESINST (3/2003) DEPARTMENT OF NATURAL RESOURCES RESIDENTIAL WELL PERMIT APPLICATION INSTRUCTIONS Applications must be completed legibly, in BLACK INK. ALL ITEMS in the application must be completed. Incomplete applications may be retumed to the applicant for more information. Applications are evaluated in chronological order. Please allow approximately six weeks for processing. This form may be reproduced by photocopying or computer generation. Reproductions must retain margins and print quality of the original form. FEES: This application must be submitted with the appropriate filing fee. The filing fee for applications is $440. Exceptions are as follows: 1) An application to replace or deepen an existing permitted well in the same source (aquifer) is $200. 2) Applications to register an existing well (use Form GWS -12), and replace or deepen the well (use Form GWS -44) into the same aquifer is $440 if submitted together. Fees are nonrefundable. Acceptable forms of payment are check or money order, payable to the Colorado Division of Water Resources, and Visa or MasterCard (card number and expiration date must be provided on a separate attachment). USES: This form (GWS -44) is to be used when applying for a permit for the following types of uses: A. Ordinary household use inside one single family residence (NO outside water use allowed): Generally, this is all that can be approved on parcels less than 35 acres. B. Ordinary household use in 1 to 3 single-family dwellings, Irrigation of up to one acre of home garden and lawn, and watering of domestic animals: Generally, permits can be approved on parcels of land of 35 or more acres, or in areas inside the Designated Basins, the Denver Basin, limited areas on the Westem Slope, and for subdivisions under a court -approved plan for augmentation that allow outside uses. C. Livestock watering on farm, ranch, range, or pasture (on parcels of 35 or more acres). DO NOT use this form for the registration of an existing unpermitted well (use Form GWS -12). ITEM INSTRUCTIONS: (numbers correspond with those on the front of this form 1. The applicant is the entity for whom the permit is to be issued. Since the well owner is ultimately responsible for the use of the well, their name should be in this area. The mailing address is where the applicant currently receives mail. 2. Check all boxes that apply. 3, Complete all boxes that apply. 4. The county, % of the % section designation, section #, township, range, principal meridian, and distances from section lines for the proposed well must be provided. (An option to providing distances from section fines and the % of the % section designation, is to provide an accurate GPS location in UTM format. The required GPS unit settings must be as indicated on this form) 5. Complete Items 5A through 5E (5E is optional). If you answered NO to Item 5C, please state in an attachment who the landowner is. if you are under a contract to purchase the subject property, please state this as well If the parcel is inside the Denver Basin, the application must be in the name of, and signed by, the current landowner. 6. See above comments under USES to determine those uses for which you may qualify, then check the applicable box or boxes. 7. The maximum pumping rate is limited to 15 gpm for most residential type well permits. The annual amount of water to be withdrawn is a volume measured in acre-feet. One acre foot equals 325,851 gallons. For ordinary household use inside one single- family dwelling and no outside use, the annual amount will be about 1/3 acre-foot. For ordinary household use in three single-famfiy dwellings, one acre of home garden/lawn irrigation, and watering of domestic animals, the annual amount will be about 3 acre-feet. For 100 head of livestock, the annual amount will be about 1.35 acre-feet Please indicate the estimated depth of the proposed well. The proposed aquifer for the well must be indicated if the well is to be located within the Denver Basin (the approximate area of the Denver Basin extends south from Greeley to an area east of Colorado Springs and from Golden east to Limon), the San Luis Valley, the Southem High Plains basin in Baca or Prowers Counties, or in areas where it is believed the well will penetrate a confining layer. Aquifer information should be provided if known, for well locations outside of these areas. 8. The issuance of well permits may depend on the availability of another source of water, pursuant to CRS 37-92-602(6). (Statutes can be accessed through our web site.) 9. Check the applicable box. and complete or attach any additional information as requested in this item. 10. Wells must be constructed by a Colorado licensed well driller, or under the "private driller" provision as defined in CRS 37-91-102(12). 11. An ORIGINAL signature must be on the application. The individual signing the application must be the applicant or an officer of the corporation/company/agency identified as the applicant An authorized agent may sign the application, if a letter signed by the applicant is submitted with the application authorizing that agent to sign on the applicant's behalf. IF YOU HAVE ANY QUESTIONS regarding any item on the application form, please call the Division of Water Resources Ground Water Information Desk (303-866-3587), or the nearest Division of Water Resources Field Office located in Greeley (970-352-8712), Pueblo (719-542-3368), Aiamosa (719-589-6683), Montrose (970-249-6622), Glenwood Springs (970-945- 5665), Steamboat Springs (970-879-0272), or Durango (970-247-1845), or refer to our web site at http://www.water.state.co.us for general information, additional forms, and access to state rules or statutes. U CR 236 7.412, i1 tet# 2 � �y n o _ .4; nom:, 5,4171 1-Z7456, NORTH 4 REVLSED: DATE: 12/23/03 DRAWN BY CDC ENGINEER: WPB CIIECKED BY: WPB 14 GRAPHIC SCALE 5620 'ICH RUBY RIVER RESORT GARFIELD COUNTY, COLORADO VICINITY MAP ( IN FEET ) 1 inch = 2000ft. alaz & ssociates, .... nc.2527 FORESIGHT CIR. Grand Junction, CQ 81505 Tei#: 9702639733 Fax#: 970163-9756 FIGURE 1 0 410 820 1,640 2,460 3,280 Feet • • Adjacent Landowners and Landowners Within 200 Feet Compiled: 2/05/2003 1] 2179-104-00-110 Asphalt Paving Company 14802 West 44th Avenue Golden, CO 80403 2] 2179-104-00-517 William & Nancy Sabel 471 County Road 311 Silt, Co 81652 3] 2179-104-00-470 Town of Silt P.O. Box 174 Silt, CO 81652 4] 2179-104-00-176 Robert, Danny and Kelley Davis 0435 Odin Drive Silt, CO 81652 5] 2179-104-00-177 Joseph P. Langegger 3807 Lupine Drive Vail, CO 81657 6] 2179-112-00-003 Valley Farms, Inc. Lee Park Center, Suite 600 3141 Hood Street Dallas, TX 75219 7] 2179-114-00-114 (Stillwater Tract) Valley Farms, Inc. Lee Park Center, Suite 600 3141 Hood Street Dallas, TX 75219 Mineral Rights Owner 1] 8023-283-07-000 McPherson Brothers Attn: Bob McPherson 2197 County Road 311 New Castle, CO 81647 386. 494221 B-981 P-306 06/10/96 03:35P PG 1 OF 2 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 11.00 17.50 THIS DEED , Made this day of June 05, 1996 between DCNA D R. TIMM of the County of GARFIELD and State of Colorado of the first� part,and TLK3S N4. TCLER AND CAMILLE R TOLER, as Joint Tenants FILING 5' 0361 COUNTY ROAD 311, whose legal address is SILT, CO 81647 of the County of GARFIELD and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***$175,000.00 ) ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND 00/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of GARFIELD and State of Colorado, to wit: SEE ElOCEBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; also known as street number 0361 COUNTY ROAD 311, SILT, CO 81652 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1996 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.. The.singu.lar number shall.include. the. plural,. the_plural_the_ singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. STATE OF COLORADO County of GARFIELD > ss. The foregoing instrument was acknowledged before me on this day of June 05, 1996 , by DCNALD R. TIM M (SEAL) es Wilke • h•40 (SEAL) My commission expires 4/(!/.....5'aG�FJ 0 Witness my hand and offic5al s al. JANICE L. JOHNSON NOTARY PUBLIC STATE QF COLfRAnn ��,,1(vy Crp�R�le.,ofl �*iF1�3 Ml s/*000 Form WO WARRA'HTY DEED - For rhotogra is Record GW 220734.220734 GW220734 (SEAL) 9911591 RETURN TO:. Michael. D.. Mohror 710 Grand Avenue Suite #7 Glenwood Springs, CO 81601 494221 B-981 P-307 06/10/96 03:35P PG 2 OF 2 EXHIBIT A A TRACT OF LAND SITUATED IN LOT 9, OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING THAT PARCEL OF LAND DESCRIBED AS PARCEL 2 TOGETHER WITH A PORTION OF THAT PARCEL DESCRIBED AS PARCEL 1 AS DESCRIBED IN BOOK 703 AT PAGE 94 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 331 INTERSECTS THE SOUTHERLY LINE OF THE SOUTH CHANNEL OF THE COLORADO RIVER AND WHENCE THE NORTHEAST CORNER OF SAID SECTION 10 BEARS N 08 DEGREES 44' 44" E 3612.35 FEET; THBNCE S- 00 DEGREES- 3-7' 06" E 354.32 FEET ALONG- THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE CONTINUING ALONG SAID RIGHT OF WAY S 00 DEGREES 27' 23" W 236.07 FEET; THENCE DEPARTING SAID RIGHT OF WAY S 74 DEGREES 07' 10" E 560.15 FEET; THENCE N 09 DEGREES 57' 32" W 395.19 FEET TO SAID SOUTHERLY LINE OF SAID SOUTH CHANNEL; THENCE ALONG SAID SOUTHERLY LINE N 57 DEGREES 23' 43" E 369.90 FEET; THENCE N 61 DEGREES 04' 03" E 101.00 FEET; THENCE N 61 DEGREES 35' 16" E 114.47 FEET; THENCE N 63 DEGREES 38' 48" E 116.61 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ rdeera— WW1 Pio. QUIT CLAiM PEED Susan >Steiger 'Throw whose address is 0261 County Rd 119, Glenwood Springs Colorado = County of Gatfin . and State of Colorado ,for thecor.siderataonof Twenty, thousand. wad on• bunety�-eight Dolbun4hOUlluiPaid, hereby seiira) and quit claim(e) tG. ,; Dpnald P. Throat whose sdriress is 0361 County ltd 311 Silt bounty of Garfield , and State of Colorado PertY,ii also known as street and num with an its appurteq inces Signed this Cso:tp at .pst for ioosixastrusnoat •stokeotLpdsed 3246, bi My cow:fission ex wee piAg f� Age, e,:, reit wrtnit 1i .--ii-r"41 sod -Made! seal. c .. tract ofland situated in and being a part of . Lot 9 and the*_- T:k Colorado River: Meanderr`of. Section• 10 Township_ §-South, Range 92 Alea# of, the 6th P.)i, • Southerly .of *that certain tract of- :land;des cribed in ,Doc. No., 239833°-orthe Garfield County`Records and- ' -'Westerly of the Westerly right of way litleof a County Road as-ronr etructed and in : place. said tract of -land being, described as follows ,gegfnnin;; at a point on the Westerly right of way line `of said road.> whence theNortheast Corner of said Section 10 bears N. 07'54'43" E. 3962.37 'Feet; tbence ; S / O0'27 23' W.'303 00 feet s'along 'the "Nes terlyi right'of way line off said road; .-then e' S. 011'50'491'1W.:,69.1Lfeet9 along ;the Westerly right .`way. lthe f 'said, road- 'thence -5, ' ' 51 W. 7.3.92 feet a1 tg the Westerly. & hf, Way' line of'said roan thence S..'82•44'43" W. 510.83', feet;. ence-N:' 09-'57'324" W.; 517.T6 feet thence East 609.00 feet' along he Southerly line of 'that 'certain tract of land described'' in Doc. No. 239833 of-,the,Carfield ,County Rerur.iscito thepoint of begtnlsingt Parcel 2 Township 6 South, A tract of land situated in Lot 9 of Section I0, Range 92 West of the 6th P.M., lying Southeasterly of the South Channel of the Colorado' Rives, and Westerly of the Westerly right of way line of a county road as constr•.ac,teed and in use. more fully �n s:,: scribed as follows: t;r Beginning' at a point whence the Waste ly right of way line of said road intersects the Southerly line of the South Channel of said river, whence the Northeast Corner of said Section 10 bears N. 08'44'44" E. 3612.35 feet; thence S. 00.37'06" E.;354.32'feet along the Westerly right of way line of said'raad; thence West 609.00 feet to a point on the Southerly' line of the. South Channel., of ,said river; thence N. 57'23'43" E. 369.90 feet along the Southerly line ,. of the South Channel of said river; t1'Snce N. 611'04'03" E.':.101.00 fret along the Southerly line of the So" -'h Channel ,of said "river; thence N. 61'35'16" E. 114.47 feet alorg the Southerly line of£the South Channel of said river;thence N.61'08' 28" E. '11657' feet along the Southerly line of the South Channel' of, said river"to a pain*. op the Westerlyright of `line of said! road, the point of beginning. way BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, That DONALD R. THROM LAND TITLE GUARANTEE CO. 817 COLORADO AVE. GLENWOOD SPRINGS CO 81601 of the County of GARFIELD and State of Colorado, parties of the first part, in consideration of Ten Dollars and other good and valuable consideration ********* Dollars to their hands paid, at or before the ensealing or delivery of these presents by THOM N. TOLER AND CAMILLE R. TOLER parties of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby grant and convey unto the said parties of the second part, their executors, administrators and assigns any of the following items currently stated in the contract. INCLUSIONS: The purchase price includes the following items (a) if attached to the Property on the date of the contract: lighting, heating, plumbing, ventilating and air conditioning fixtures, T.V. antenna; water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers including 0 remote controls; (b) If on the Property whether attached or not on the date of the contract storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain.rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (c): ANY AND ALL WATER AND WATER RIGHTS, DITCHES AND DITCH RIGHTS USED IN CONNECTION WITH AND APPURTENANT TO PROPERTY DESCRIBED ON ATTACHED EXHIBIT "A" INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Case No. Structure Amount (cfs) Approp. Adjud. Use W-1160 Wigger Pump Site .36 07/01/68 02/08/73 Irrig. W-1161 Wigger Well .0198 07/01/57 11/22/72 Dom. W-3384 Dale's Pipeline .5 08/01/76 01/03/78 Irrig. The above-described items (inclusions) are to be conveyed to Purchaser by Seller free and clear of all taxes, liens and encumbrances, except as provided in Section 12 of your contract. The following attached fixtures are excluded from this sale: NONE Located at 0361 COUNTY ROAD 311, SILT, CO 81652 To have and to hold the same unto the said parties of the second part, their executors, administrators and assigns forever. And the said parties of the first part do(es), for themselves, their heirs, executors and administrators, covenant and agree to and with the said parties of the second part, their executors, administrators and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, hereby made unto the said parties of the second part, their executors, administrators and assigns, against all and every person or persons whomsoever. The singular number shall include the plural, the plural in singu4.ar, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seal this day of June 05, 1996 Signed, Sealed and Delivered in Presence of DONALD R. THROM Escrow # GW220734.220734 Title# GW220734 FCP.M NO. BILL.94 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. W- 1161 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF DARRELL PAUL WIGGER AND JEAN WIGGER IN THE COLORADO RIVER:OR ITS TRIBUTARIES F.I. LE D IN WATER co7,.:1— Division No. .i MAR 2 51974 E OF CORAnO • AMENDED RULING'OF.THE REFEREE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS TRIBUTARY INVOLVED:. IN GARFIELD COUN T And the Referee having,made the investigations required by Article 21 of. Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water .Division No. 5 on the 12th day of July , 197 2, and again, after amendment, on the 27th day of'December,T973. 1. Name of Applicant Darrell Paul Wigger and Jean Wigger Address Route 2; Silt, Colorado 2. The name of the structure is Wigger Well. 3. The Legal description of the structure 15 The well is located in Lot 8, Section 10, T. 6 S., R. 92 W. of the 6th P.M. at a point whence the Northeast Corner of said Section 10 bears N. 09°53' E. 3850.47 feet. 4. The depth of the well is 113 feet. 5. The date of initiation of appropriation is July 1, 1957. 6. The amount of water claimed is 0.0198 cubic foot per second of time. 7. The use of the water is doges tic . 8. The State Engineer's number is none. 9. The Priority date is. July 1, 1957. 10. The date of the application was June 30, 1972, and the date of the amended application was December 20, 1973. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. • Done at the City of Glenwood Springs, Colorado this day of 44.57EC/ / , 197. protest was filed in this matter, s foregoing ruling, is confirmed 3 approved, and is made the figment and Decree of this court. ted: '."j rd, 1f1V f -I udge Slater Referee Water Division. No. 5 State of Colorado IN THE DISTRICT COURT IN o.ND FOR WATER DIVISION NO. 5 STATE OF COLORADO APPLICATION NO. W_ 1160 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF DARRELL ) PAUL WIGGER & JEAN WIGGER ) IN THE COLORADO RIVER ) OR ITS TRIBUTARIES. ) TRIBUTARY INVOLVED - ) ) IN GARFIELD COUNTY ) ) FILED t N \VATEit CJ J 2'F Division N.i. .i• MAR 2 5.197-1. TE OF' C ORADO WJTI(CLCD RULING OF THE REFEREE, ABSOLUTE WATER RIGHT And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No, 5 on the 12th day of July 197 24 and again after amendment on December 27, .1973.. r. Name of Applicant Darrell Paul Wigger & Jean Wigger. Address Route 2, Silt, Colorado • 2. The name of the structure is Wigger Pump Site. 3..'The legaldescription of thestructure is: The pump is. located on the southerly bank of the Colorado River in Lot 8, Section 10, T. 6 S., R. 92 W. of the 6th P.M. at a point whence the Northeast Corner of said Section 10 bears: N. 11°01' E. 3711.93 feet.. • 4. Means of diversion: The water is diverted by a pump - into a sprinkling system. 5. The date of initiation of appropriation is July 1,. 1968. 6. The amount of water claimed is 0.36 cubic foot per second of time. 7. The use of the water is irrigation. 8. The Priority date is July 1, 1968. 9. The date of the application was June 30,1972, and the amended application was filed December 20, 1973. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicat?d priority; subject; however, to all earlier priorities of others. It is accordingly ordered that this ruling shall become. effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done at the City of Glenwood Springs., Colorado, 11,1.s 4.57 41 day of / 14A?,- 6' No protest was filed in this matter. The foregoing ruling is confirmed and approved, and is made the Judgment and Decree .of this court. Dated: • rf, %� % � ter Judge • 197. Referee. Water Division No. 5'. State of Colorado IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3384 THE MATTER OF THE APPLICATION WATER RIGHTS OF HERBERT M. AUGSBURGER NATHALIE H. AUGSBURGER THE COLORADO RIVER 3ARFIELD COUNTY RULING OF FILED IN WA.TEk COURT Division No. 5 SEP 301977 StATF OF COLORADO Z I 1 WATER CLEF f3Y !fl: i -TM. ....... REFEREE �.,., ..,.,.�,.......,..�_ The above entitled application was filed on May 27, 1977, and :ed to the undersigned as Water Referee for Water Division No. 5, State was re- olorado, by the Water Judge of said !Court on the 6th day of June, 1977, accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, rn as The Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are ne- ary to determine whether or not the statements in the application are and having become fully advised with respect to the subject matter of application does hereby make the following determination and ruling as eferee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Dale's Pipeline. 3. The names of the claimants and address: Herbert M. .lie H. Augsburger; R.R. 1, Box 3A; Silt, Colorado. 4. The source of the water is the Colorado River. 5. The point of diversion is located in Section 10, T.6S., R.92W. of th P.M. at a point whence the Northeast Cotner of said Section 10 bears D18'46" E. 3,844.3 feet. S. The use of the water is irrigation. 7. The date of initiation of appropriation is August 1, 1976. 3. The amount of water claimed is 0.50 cubic foot of water per le, absolute. Augsburger and second The water -'was first diverted and applied to the above beneficial use .ch 1, 1977. . The water is used to irrigate 7.5 acres of the applicant's land. onditions in this area are such that the use of the 0.5 cfs on 7.5 is justified. he Referee does therefore conclude that the above entitled application be granted and that 0.50 cubic foot of water per second of time is awarded to Dale's Pipeline, for irrigation use, with appropriation fthe 1st day of August, 1976, absolutely and unconditionally; sub- lowever, to all earlier priority rights of others and to the integra- id tabulation by the Division Engineer of such priorities and changes its in accordance with law. It is accordingly ORDERED that this ruling shall be filed with the ter Clerk and shall become effective upon such filing, subject to Judicial iiew pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of Lthis ruling shall be filed with appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 3' day of '67f4 X13=/t , 19777 . -otest was filed in this matter .'oregoing ruling ie confirmed approved, and is made the sent and Daoree of this court. BY THE REFEREE: Aat _e erd4L4 ee Water Division No. 5 State of Colorado Seep -18-03 14:12 COMCAST ADVERTISING SALES 970 945 9511 Thom and Camille Toler 0361 C.R.311 Silt, Co. 81652 Mr. Fred Jarman Garfield County Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Dear Mr. Jarman: This letter is written to inform you that Thom and Camille Toler, Owners, wish to designate the following person as its primary contact and authorized representative for our Special Use Permit. SUP, application for the proposed Ruby River Resort project near Silt, CO until the SUP application is finalized and approved. Mr. William P. Balaz Jr. Balaz & Associates, Inc. 2527 Foresight Circle Grand Junction, CO 81505 Phone: 970-263-9733 Fax: 970 263-9736 Please feel free to contact the undersigned at 970-876-1906 if you have any questions regarding this letter. Thank ___ for :Jour/assistance in this matter. t(-6, t Cc: Sill Balaz, Balaz & Associates, Inc. P.01 Ruby River Resort Estimated Water Source Requirements Number of persons per bedroom 2 Average yearly demand based on 365 days per year operation and 90% utilization. Assumes resort operation classed as Transient Non Community System. Phases 2 and 3 will not be built until Stillwater Ranch infrastructure is constructed. the values are included for reference only. Phase 1 Existing Facilities Number Units Number Bedrooms Gallons/ day/person Total Daily Demand, Gal. Avg Yearly Demand, Gal. Primary Residence 1 3 100 600 Old Residence 1 2 100 400 Proposed Facilities 4 20 960 Cottages 3 1 100 600 Laundromat 1 40 400 164,250 Total 2,000 657,000 Maximum Flow 4,000 Source Capacity, gpm 2.78 Phase 2 Proposed Facilities Number Units Number Bathrooms Gallons/ day/person Total Daily Demand, Gal. Avg Yearly Demand, Gal. Convenience Store w/ restrooms 1 2 250 500 Restaurant 72 seats 72 50 3,600 Lodge Laundary Facility 4 20 960 Total 500 164,250 Maximum Flow 1,000 Source Capacity, gpm 0.69 Phase 3 Total capacity, # persons Number persons per room Total number of rooms Phase 1 capacity # persons Phase 1 number of rooms equivalent Phase 3 rooms required 48 2 24 10 5 19 Proposed Facilities Number Units Number Bathrooms Gallons/ day/person Total Daily Demand, Gal. Avg Yearly Demand, Gal. Lodge, 1 19 100 3,800 Restaurant 72 seats 72 50 3,600 Lodge Laundary Facility 4 20 960 Total 8,360 2,746,260 Maximum Flow 16,720 Source Capacity, gpm 11.61 Capacity Available from Wigger Well Capacity Available from Toler Residence Well Source Capacity Required c Buildout Additional Source Capacity Required (Required -Available) Therefore wells have sufficient capacity Total Annual Consumption 0.01988 cfs 8.92 gpm 15.00 gpm 15.08 gpm -8.84 gpm 3,567,510 gallons COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http:l/www.water.state.co.us Office Use Only Form GWS-44 (3/2003) RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review Instructions on reverse side prior to completing form The form must be completed in black ink. 1. Applicant Information 6. Use Of WeII (check applicable boxes See instructions to determine use(s) for which you may qualify ❑ A. Ordinary household use in one single -family dwelling (no outside use) ❑ B. Ordinary household use in 1 to 3 single -family dwellings: Number of dwellings: Name or applicant /'' _ I /f n41 olid (_,i Ai /1'l i L L E To L C Marllng address 0361 Co 3 // I State / © Zip `� ❑ Home garden/lawn irrigation, not to exceed one acre: area irrigated 0 sq. ft. ■ acre Telephone # ( q .7 o ) - 7( / 1 .0i 0 Domestic animal watering - (non-commercial) 0 C. Livestock watering (on farm/ranch/range/pasture) 2. Type Of Application (check applicable boxes) 0 Construct new well ....--eltge existing well • Replace existing well J-etiange or Increase use 0 Change source (aquifer) / ■ Reapplication (expired permit) JaOther. Y'e5l' e-Yrrf l 140 C. 0 .1/.41 e- - £ (4 C— 7. Well Data (proposed) 5 e i...../ E'Lt-. ?e,L'-t 1'r Maximum pumping rate m 9p Annual amount to be withdrawn acre-feet 3. Refer To (if applicable) Total depth feet Aquifer Well permit # / 7 Y�,� water Court case # (49 -_ co 1 8. Water Supplier Designated Basin Determination # Wel name «# \i-ii q!ei /Z Is this parcel within boundaries of a water service area? 0 YES 0 NO If yes, provide name of supplier. 4. Location Of Proposed Well_ 9. Type Of Sewage System cA`lt t y� • a g. P EL v4 or time Sam` E V4 ❑ Septic tank / absorption teach field ❑ Central system: District name: •tel , D Section { Township Nor S 0 i & 0 W Range E or W 9'Z ❑ [� ' Principal Medan 6.7-h Vautt: Location sewage to be hauled to: Distance of well from section r (secticn tines are typ y not property Enos)❑ 3.2 cy 3 Ft from Rf N 1 S 6 0 Ft from [1 E ■ W X Other (attach copy of engineering design and report) For replxement wells only - estance and direction from old welt to new wetl feet direction 10. Proposed Well Driller License #(optional): 11. Signature Of Applicant(s) Or Authorized Agent 11. Wel towtiah address M applicable) 56./ C Rr making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13Xa). 1 have read the statements herein, know the contents the-.f and ... that they • : true to my knowledge. Optional: GPS well location information in UTM format Required sarongs for GPS units are as furrows: Format must be UTM Zone nest bet Northing •rc •": , '.• -` p j ���_/ Dale Gil Units must be Meters DaN(COWS).n must be NA(cos) Easting • GQ �� Unit must be set to true north Were points averaged? 1 YES 0 NO 5. Parcel On Which Well Will Be Located Office Use Only A.You must check and complete one of the following: ❑ Subdivision: Name USGS map norma D4vR map no. Surface env. Receipt area only Lot Block Filing/Unit • County exemption (attach copy of county approval & survey): Name/# Lot # Parcel less than 35 acres, not in a subdivision. attach a deed with metes and bounds description recorded prior to June 1, 1972 ❑ Mining claim (attatxm a copy of the deed or survey): Name?# ❑ Square 40 acre parcel as described in Item 4 c❑ Parcel of 35 or more acres (attach a metes and bounds desalpdon or survey) u[ Other (attach metes & bounds desaipdon or survey and supper-Mg documents) WE WR CYVCB TOPO MYIAR 585 DIV WO BA MD B. # or acres in parcel 6. 7b C. Are you the owner of this parcel? 'YES 1 NO (lino- see Instructions) D. Wit this be the only well on this parcel? YES 0 NO Of no - list cher wells) E. State Parcel IDS (opuonaIy • • COLORADO DIVISION OF WATER RESOURCES GWS -44 RESINST (3/2003) DEPARTMENT OF NATURAL RESOURCES RESIDENTIAL WELL PERMIT APPLICATION INSTRUCTIONS Applications must be completed legibly, In BLACK INK. ALL ITEMS in the application must be completed. Incomplete applications may be returned to the applicant for more information. Applications are evaluated in chronological order. Please allow approximately six weeks for processing. This form may be reproduced by photocopying or computer generation. Reproductions must retain margins and print quality of the original form. FEES: This application must be submitted with the appropriate filing fee. The filing fee for applications is $440. Exceptions are as follows: 1) An application to replace or deepen an existing permitted well in the same source (aquifer) is $200. 2) Applications to register an existing well (use Form GWS -12), and replace or deepen the well (use Form GWS -44) into the same aquifer is $440 if submitted together. Fees are nonrefundable. Acceptable forms of payment are check or money order, payable to the Colorado Division of Water Resources, and Visa or MasterCard (card number and expiration date must be provided on a separate attachment). USES: This form (GWS -44) is to be used when applying for a permit for the following types of uses: A. Ordinary household use inside one single family residence (NO outside water use allowed): Generally, this is all that can be approved on parcels less than 35 acres. B. Ordinary household use In 1 to 3 single-family dwellings, Irrigation of up to one acre of home garden and lawn, and watering of domestic animals: Generally, permits can be approved on parcels of land of 35 or more acres, or in areas inside the Designated Basins, the Denver Basin, limited areas on the Western Slope. and for subdivisions under a court -approved plan for augmentation that allow outside uses. C. Livestock watering on farm, ranch, range, or pasture (on parcels of 35 or more acres). DO NOT use this form for the registration of an existing unpennitted well (use Form GWS -12). ITEM INSTRUCTIONS: (numbers correspond with those on the front of this form.) 1. The applicant is the entity for whom the permk is to be issued. Since the well owner is uttrrratey responsible for the use of the welt their name should be in this area. The mailing address is where the applicant currently receives main. 2. Check all boxes that apply. 3. Complete all boxes that apply. 4. The county, '4 of the 'h section designation, section #, township, range, principal meridian, and distances from section lines for the proposed well must be provided. (An option to providing distances from section lines and the 'A of the Y, section designation, is to provide an accurate GPS location in UTM format. The required GPS mit settings must be as indicated on this form.) 5. Complete items 5A through 5E (5E is optional). If you answered NO to Item 5C, please state in an attachment who the landowner is. If you are under a contract to purthase the subject property, please state this as well. If the parcel is Inside the Denver Basin, the application must be in the name of, and signed by, the current landowner. 6. See above conrnents under USES to determine those uses for which you may quality, then check the applicable box or boxes. 7. The maximum pumping rate is limited to 15 gpm for most residential type well permits. The annual amount of water to be'" withdrawn is a vokrne measured In acre-feet One acre foot equals 325,851 gallons. For ordinary household use kIside one single- family dwelling and no outside use, the annual amount will be about 1/3 acre-foot. For ordinary household use in three single-family dwellings, one acre of home garden/lawn irrigation, and watering of domestic animals, the annual amount will be about 3 acre-feet. For 100 head of livestock, the annual amount will be about 1.35 acre-feet. Please indicate the estimated depth of the proposed well. The proposed aquifer for the well must be indicated R the well is b be located within the Denver Basin (the approodmate area of the Denver Basin extends south from Greeley to an area east of Colorado Springs and from Golden east to Limon), the San Luis Valley. the Southem High Plains basin in Baca or Prowers Counties, or in areas where it is believed the well will penetrate a confining layer. Aquifer information should be provided if known, for well locations outside of these areas. 8. The issuance of well pem>its may depend on the availability of another souse of water, pursuant b CRS 37-92-602(6). (Statutes can be accessed through our web site.) 9. Check the applicable box, and complete or attach any additional information as requested in this Rem. 10. Wells must be constructed by a Colorado licensed well driller, or under the -private driller- provision as defined in CRS 37-91-102(12). 11. An ORIGINAL signature must be on the application. The individual signing the application must be the applicant or an officer of the corporation/company/agency identified as the applicant An authorized agent may sign the application, if a letter signed by the applicant is submitted with the application authorizing that agent to sign on the applicant's behalf. IF YOU HAVE ANY QUESTIONS regarding any item on the application form, please call the Division of Water Resources Ground Water Information Desk (303-866-3587), or the nearest Division of Water Resources Field Office located in Greeley (970-352-8712), Pueblo (719-542-3368), Alamosa (719-589-6683), Montrose (970-249-6622), Glenwood Springs (970-945- 5665), Steamboat Springs (970-879-0272), or Durango (970-247-1845), or refer to our web site at http://www.water.state.co.us for general information, additional forms, and access to state rules or statutes. r • Ruby River Resort Estimated Water Source Requirements Number of persons per bedroom 2 Average yearly demand based on 365 days per year operation and 90% utilization. Assumes resort operation classed as Transient Non Community System. Phases 2 and 3 will not be built until Stillwater Ranch infrastructure is constructed. the values are included for reference only. Phase 1 Existing Facilities Number Units Number Bedrooms Gallons/ day/person Total Daily Demand, Gal. Avg Yearly Demand, Gal. Primary Residence 1 3 100 600 Old Residence 1 2 100 400 Proposed Facilities 4 20 960 Cottages 3 1 100 600 Laundromat 1 40 400 164,250 Total 2,000 657,000 Maximum Flow 4,000 Source Capacity, gpm 2.78 Phase 2 Proposed Facilities Number Units Number Bathrooms Gallons/ day/person Total Daily Demand, Gal. Avg Yearly Demand, Gal. Convenience Store w/ restrooms 1 2 250 500 Restaurant 72 seats 72 50 3,600 Lodge Laundary Facility 4 20 960 Total 500 164,250 Maximum Flow 1,000 Source Capacity, gpm 0.69 Phase 3 Total capacity, # persons Number persons per room Total number of rooms Phase 1 capacity # persons Phase 1 number of rooms equivalent Phase 3 rooms required 48 2 24 10 5 19 Proposed Facilities Number Units Number Bathrooms Gallons/ day/person Total Daily Demand, Gal. Avg Yearly Demand, Gal. Lodge, 1 19 100 3,800 Restaurant 72 seats 72 50 3,600 Lodge Laundary Facility 4 20 960 Total 8,360 2,746,260 Maximum Flow 16,720 Source Capacity, gpm 11.61 Capacity Available from Wigger Well Capacity Available from Toler Residence Well Source Capacity Required @ Buildout Additional Source Capacity Required (Required -Available) Therefore wells have sufficient capacity Total Annual Consumption 0.01988 cfs 8.92 gpm 15.00 gpm 15.08 gpm -8.84 gpm 3,567,510 gallons 504 fr#0:74e-t, • r. Current r, .eau-, 2004 APPLICATION TO AMEND WATER LEASE FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 Contract # 990527TCT(a) Map #: 313A, 313B Date Activated 6/24/99 Date Amended 4/15/04 1. APPLICANT INFORMATION Name: Thom and Camille Toler Mailing address: 0361 C.R. 311 Silt, CO 81652 Telephone: 970-876-1906 Authorized agent: 2. COURT CASE #'s: Decree Case No. W1161 Augmentation Plan Case No. 3. USE OF WATER a RESIDENTIAL (check applicable boxes) CX Ordinary household use Number of dwellings: ❑ Subdivision: No. constructed units: _ No. vacant lots: Di Home garden/lawn irrigation of 2000 sq. ft. Method of irrigation: ❑ flood El sprinkler ❑ drip El other C Non-commercial animal watering of 10 animals C Fire Protection 1 Well Sharing Agreement for multiple owner wells must be submitted. ® COMMERCIAL (check applicable boxes) Number of units: 4 Total sq. ft. of commercial units: 2225 Description of use: 3 cabins @ 400 sq .ft. each one 2 bedroom cabin @ 1025 outside irrigation 2000 sq.ft., fire protection ❑ INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: 4. SOURCE OF WATER See Exhibit C for Toler Structure: well Structure Source: ❑Surface ❑Storage Current Permit # 217995 Well Name: Wigger Well 1Ground water (if applicable) 0 Direct Pumping: Tributary: Location: 5. LOCATION OF STRUCTURE Garfield NE 1/4 SE 1/4 County Quarter/quarter Quarter 10 6s 92w 6th Section Township Range Principal Meridian 3793' from North 660' from East Distance of well from section lines Elevation 5424 Well location address: 0361 Co . Rd . 311 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) See Exhibit A Number of acres in tract: 6.9 Inclusion into the District, at Applicant's expense, may be required 7. TYPE OF SEWAGE SYSTEM %1 Septic tank/absorption leach field ❑Central system ❑Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: _ 4 � 2 (minimum of 1 acre foot) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained therein. Applicant Signature DATE APPROVED: 06 2004 WEST DIVIDE WATER CONSERVANCY DISTRICT FROM : BALAZ & ASSOCIATES INC FAX NO. : 970 263 9736 Apr. 07 2004 04:21PM P3 EXHIBIT C TOLER WELL, #4, #5 4. SOURCE OF WATER Structure well Structure name Toler Well Source Ground Water Current Permit # 52376 F 5. LOCATION OF STRUCTURE Garfield NE' SE % _ County Quarter/quarter Quarter 10 6S 92W 6th Section Township Rank Principal Meridian 1400' from the South 900' from East Distance of well from section lines Elevation 5424 Well location address: 0361 Co. Rd. 311 FROM : BALAZ R. ASSOCIATES INC Exhibit B Ruby River Resort Estimated Water Source Requirements FAX NO. : 970 263 9736 Apr. 07 2004 04:22PM P4 Number of persons per bedroom 2 Average yearly demand based on 365 days per year operation and 90% utilization. Assumes resort operation classed as Transient Non Community System. Phases 2 and 3 will not be built until Stillwater Ranch infrastructure is constructed. the values are included for reference only. Phase 1 Existi Facilities Number Number Gallons/ Total Daily Avg Yearly Units Bedrooms day/person Demand, Gal. DemandGal Toler Residence 1 3 100 600 Aux. Building to 2 Bedroom Cabin 1 2 100 400 259 Irrigation and Livestock Proposed Facilities 1 Bedroom Cabin Laundromat Irrigation Total Maximum Flow Source Capacity, gpm 100 40 600 400 2,357 4,715 3.27 Phase 2 Number Number Gallons/ Total Daily 1 vg ' early Pro ed Facilities Units Bathrooms day/person Demand, Gal. Demand, Gal Convenience Store w restrooms 1 2 Total Maximum Flow Source Capacity, gpm Phase 3 S00 1,000 0.69 Total capacity, # persons Number persons per room Total number of rooms Phase 1 capacity # persons Phase 1 number of rooms equivalent Phase 3 rooms required Proposed Facilities L goi3 e.— Restaurant2 seal tis Lod. e taundary Facility 48 2 24 10 5 19 j Number Number Gallon Total Daily 7 vg early Units Bathrooms j day/person 1 Demand. Gal. Demand, Gal. 1 19 1 3,8M—w"''' 72 50 3,600 960 otai Maximum Flow Source Capacity, gpm Capacity Available from Wigger Well Capacity Available from Toler Residence Well Source Capacity Required Buildout Additional Source Capacity Required (Required.Avallabte) Therefore wells have sufficient capacity Total Annual Consumption 8,360 16,720 11.61 0.01988 cis 8.92 gpm 15.00 gpm 15.58 gpm •8.34 gpm 3,697,910 gallons Phase 1 acre -ft 2.42 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 THOM & CAMILLE TOLER 0361 CTY RD. 311 SILT, CO 81652 (970)876-1906 PERMIT TO USE AN EXISTING WELL 1095 WELL PERMIT NUMBER DIV. 5 CNTY. 23 WD 45 DES. BASIN MD 52376 Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 10 Twp 6 S Rng 92 W 6th P.M. DISTANCES FROM SECTION LINES 1400 Ft. from SOUTH Section Line 900 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 37-90-137(2) for the use of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #990527TCT(a). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 6,000 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be located not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. NOTE: Well was constructed ithout valid t ermit on September 30 1999 /� APPROVED SAP Receipt No. State Engineer By DATE ISSUED OCT 0 5 1999 EXPIRATION DATE OCT 0 5 2000 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. W- 1161 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF DARRELL PAUL WIGGER AND JEAN WIGGER IN THE COLORADO RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIELD count' FILE') IN WATER c )u::T Division No. .i MAR 2 5197'! E QF CORA DC • h'.. Ti :7 i:. AMENDED RULING' OF THE REFEREE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee 'having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 1.2th day of July , 197 2, and again, after amendment, on the 27th day of December,T973. 1. Name of Applicant Darrell Paul Wigger and Jean Wigger Address Route 2; Silt, Colorado 2. The name of the structure is Wigger Well. 3. The Legal description of the structure is: The well is located in Lot 8, Section 10, T. 6 S., R. 92 W. of the 6th P.M. at a point whence the Northeast Corner of said Section 10 bears N. 09°53' E. 3850.47 feet. 4. The depth of the well is 113 feet. 5. The date of initiation of appropriation is July 1, 1957. 6. The amount of water claimed is 0.0198 cubic foot per second of time. 7. The use of the water is does tiC . 8. The State Engineer's number is none. 9. The Priority date is July 1, 1957. 10. The date of the application was June 30, 1972, and the date of the amended application was December 20, 1973. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective'upon filing with the Water Clerk, subject to Judicial review as provided by law. Done at the City of Glenwood Springs, Colorado this Z4' day of 41900/ , 197j. otest was filed in this matter oregoing ruling is confirmed pproved, and is made the lent and Decree of this court. Water Referee Water Division. No. 5 State of Colorado EXHIBIT A A TRACT OF LAND SITUATED IN LOT 9, OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING THAT PARCEL OF LAND DESCRIBED AS PARCEL 2 TOGETHER WITH A PORTION OF THAT PARCEL DESCRIBED AS PARCEL 1 AS DESCRIBED IN BOOK 703 AT PAGE 94 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: a BEGINNING AT A POINT WHENCE THE WESTERLY RIGHT OF WAY LINE, OF COUNTY ROAD NO. 331 INTERSECTS THE SOUTHERLY LINE OF THE SOUTH CHANNEL OF THE COLORADO RIVER AND WHENCE THE NORTHEAST CORNER OF SAID SECTION 10 BEARS N 08 DEGREES 44' 44" E 3612.35 FEET; THENCE S 00 DEGREES 37' 06" E 354.32 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE CONTINUING ALONG SAID RIGHT OF WAY S 00 DEGREES 27° 23" W 236.07 FEET; THENCE DEPARTING SAID RIGHT 560.15 FEET; THENCE N 09 DEGREES 57' 32" W 395.19 LINE OF SAID SOUTH CHANNEL; THENCE ALONG SAID SOUTHERLY 369.90 FEET; THENCE N 61 DEGREES 04' THENCE N 61 DEGREES 35' THENCE N 63 DEGREES 38' BEGINNING. OF WAY S 74 DEGREES 07' 10" E COUNTY OF GARFIELD STATE OF COLORADO =__ FEET TO SAID SOUTHERLY LINE N 57 DEGREES 23' 43" E 03" E 101.00 FEET; 16" E 114.47 FEET; 48" E 116.61 FEET TO THE POINT OF EXHIBIT C TOLER WELL #4, #5 4. SOURCE OF WATER Structure well Structure name Toler Well Source Ground Water Current Permit # 52376 F 5. LOCATION OF STRUCTURE Garfield NE'/4 SE' County Quarter/quarter Quarter 10 6S 92W 6th Section Township Range Principal Meridian 1400' from the South 900' from East Distance of well from section lines Elevation 5424 Well location address: 0361 Co. Rd. 311 Exhibit B Ruby River Resort Estimated Water Source Requirements Number of persons per bedroom 2 Average yearly demand based on 365 days per year operation and 90% utilization. Assumes resort operation classed as Transient Non Community System, Phases 2 and 3 will not be built until Stillwater Ranch infrastructure is constructed. the values are included for reference only. Phase 1 Phase 2 Number Units Existing Facilities Number Units 1 Number Bedrooms 3 Gallons/ day/person 100 Total Daily Demand, Gal. 600 Avg Yearly Demand, Gal. Toler Residence Aux. Building to 2 Bedroom Cabin 1 2 100 400 Restaurant 72 seats Irrigation and Livestock 50 3,600 259 94,500 Proposed Facilities 20 960 1 Bedroom Cabin 3 1 100 600 Total Laundromat 1 500 40 400 Maximum Flow Irrigation 1,000 16,720 98 35,900 Total 0.69 11.61 2,357 787,400 Maximum Flow 4,715 Source Capacity, gpm 3.27 Phase 2 Phase 3 Total capacity, # persons Number persons per room Total number of rooms Phase 1 capacity # persons Phase 1 number of rooms equivalent Phase 3 rooms required 48 2 24 10 5 19 Number Units Number Bathrooms Gallons/ day/person Total Daily Demand, Gal. Avg Yearly Demand, Gal. Proposed Facilities Convenience Store w/ restrooms 1 2 250 500 3,800 Restaurant 72 seats 72 50 3,600 Lodge Laundary Facility 4 20 960 Total Total 500 164,250 Maximum Flow Maximum Flow 1,000 16,720 Source Capacity, gpm Source Capacity, gpm 0.69 11.61 Phase 3 Total capacity, # persons Number persons per room Total number of rooms Phase 1 capacity # persons Phase 1 number of rooms equivalent Phase 3 rooms required 48 2 24 10 5 19 Capacity Available from Wigger Well Capacity Available from Toler Residence Well Source Capacity Required @ Buildout Additional Source Capacity Required (Required -Available) Therefore wells have sufficient capacity Total Annual Consumption 0.01988 cfs 8.92 gpm 15.00 gpm 15.58 gpm -8.34 gpm 3,697,910 gallons Phase 1 acre -ft 2.42 Proposed Facilities Number Units Number Bathrooms Gallons/ day//person Total Daily Demand, Gal. Avg Yearly Demand, Gal. Lodge, 1 19 100 3,800 Restaurant 72 seats 72 50 3,600 Lodge Laundary Facility 4 20 960 Total 8,360 2,746,260 Maximum Flow 16,720 Source Capacity, gpm 11.61 Capacity Available from Wigger Well Capacity Available from Toler Residence Well Source Capacity Required @ Buildout Additional Source Capacity Required (Required -Available) Therefore wells have sufficient capacity Total Annual Consumption 0.01988 cfs 8.92 gpm 15.00 gpm 15.58 gpm -8.34 gpm 3,697,910 gallons Phase 1 acre -ft 2.42 GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT 0 Permit N - 3S Assessor's Parcel No. This does not constitute a building or use permit. PROPERTY p��pJJ__QQ 77:1044 ///I ��+/ /% (� Owner's Name ipte t 77 44i i � Present Address 036/ C/3/(' �1 1 + 6 ` bsPhone 8 ! 6 /(3° System Location v 310 ! Ca(4f1 1 d 3(f 3J I+ Co Legal Description of Assessor's Parcel No. SYSTEM DESIGN Septic Tank Capacity (gallon) Other Percolation Rate (minutes/inch) Number of Bedrooms (or other) Required Absorption Area - See Attached Special Setback Requirements: Date Inspector FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System installer 0 IA - Septic Tank Capacity 2 EP r 1 C D 5( 1 -AN Septic Tank Manufacturer or Trade Name C` 0 (19 & C A 1—( 0 Septic Tank Access within 8" of surface Absorption Area 6.2D - f°Yt SS V)11 2 E') mot/ N19 S�S Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other 4 — zG —oo _ 1-(TQ.oS SA_p ( r# -A-`( rec.S C 4 So Cont! ot= 6 I Date— 4 "-'-�- Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with al requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense (S500.00 fine — 6 months in jail or both). While - APPLICANT Yellow - DEPARTMENT INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER j 410 fi (Aiyi1// e- TQJ )to. R ADDRESS O Ei 1 r.7 RI) -S PHONE S-76 /ft CONTRACTOR J. no/ e' - A o0/ C', A ADDRESS LAS .S ' ,; : E PHONE ? '7 �i q PERMIT REQUEST FOR %' NEW INSTALLATION 5 ALTERATION y) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION QF PROPOSED FACILITY: Near what City of Town. S / % T Size of Loot VO .47G /'e c.„1- Legal sLegal Description or Address SAA0ei' WASTES TYPE: (X) DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE BUILDING OR SERVICE TYPE: Number of Bedrooms -5 Number of Personsr" ( ) Garbage Grinder ( ) Automatic Washer ( ) Dishwasher SOURCE AND TYPE OF WATER SUPPLY: WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: oZ /i?1/PSC Was an effort made to connect to the Community System? A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table .S )4-7 Percent Ground Slope .c 2 TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: (X) SEPTIC TANK ( ) AERATION PLANT ( ) VAULT ( ) VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLING, POTABLE USE ( ) PIT PRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTHER USE ( ) CHEMICAL TOILET ( ) OTHER - DESCRIBE FINAL DISPOSAL BY: (j. ABSORPTION TRENCH, BED OR PIT ( ) EVAPOTRANSPIRATION ( ) UNDERGROUND DISPERSAL ( ) SAND FILTER ( ) ABOVE GROUND DISPERSAL ( ) WASTEWATER POND ( ) OTHER - DESCRIBE WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? /Ye, PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the Percolation Test) Minutes per inch in hole No. 1 Minutes per inch in hole NO. 3 Minutes per inch in hole No. 2 Minutes per inch in hole NO. Name, address and telephone of RPE who made soil absorption tests: Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Signed„, Date PLEASE DRAW AN ACC TE MAP TO YOUR PROPERTY!! 3 County Road (Note the Road Number and Name) ✓ 4;1o w K o ° UQ c o N, e.* N CT '< §: 1 i !D =. o C ° w C o. • a. p N � '..< 5.w R. N cr 0 • nwoH7 a -0cN f°D R.dy • a�pa tro cr 0 0 c 0 AD y 0 i Mo33v quoN a1vu$tsaU BALAZ & ASSOCIATES, INC. 2527 Foresight Circle Grand Junction, CO 81505 Phone: (970) 263-9733 March 20, 2003 Thorn and Camille Toler 361 County Road 3 l 1 Silt, Colorado 81652 Re: Sewage Capacity Dear Thom and Camille: Per Eric McCafferty's request, Balaz & Associates, Inc., BAI, rias estimated the number of bedrooms that could be constructed and keep under the 2,000 ;allons per day limit that requires a Site Application. Eric also asked if the Luxury Resort or Resort classifications would be applicable. The second question will be answered first and thea the number of bedrooms that could be built to keep under the 2,000 gallons per day limit wilt be answered. Table 1 of the Guidelines on Individual Sewage Disposal Systems, Revised 2000, lists typical sewage demands for gallons per day per person. (See attached Table 1.) The guidelines also assume that a bedroom has 2 people and a private bath which equates to 75 gallons per day per person. The Resort category at 50 gallons per day per person does not include a private bath with each room. The resort demand factors a reduced usage since a person will use less water if they have to walk to the bathroom in another building. The Luxury Resort assumes that there is a private bath with each bedroom and a restaurant is on site to serve guests, hence the 125 gallons per day per person. Three examples to illustrate the above poi:its are included for your review on the attached spread sheet and summarized in the table below. The answer to the second question is three additional bedrooms with a private bath can be built. The 75 gallons per day per person figure was used since the Phase 1 buildings are assumed to be similar to the three bedroom house on site in concept. However, if you have a common bathroom in a separate building then 5 additional bedrooms can be built. These numbers assume two people per bedroom. The calculations are on the spread sheet. Some additional thoughts for you to consider in your planning process. Individual Sewage Disposal System submitted in a "phased" fashion will be judged on their individual merits at the time of submittal and may not be approved. The location of the individual sewage disposal Number Private Public Demand Example # Bedrooms Bath Bath Restaurant Gallons/day 600 1 4 Yes N/A No 2 4 Yes N/A Yes 1,000 3 4 No Yes No 400 The answer to the second question is three additional bedrooms with a private bath can be built. The 75 gallons per day per person figure was used since the Phase 1 buildings are assumed to be similar to the three bedroom house on site in concept. However, if you have a common bathroom in a separate building then 5 additional bedrooms can be built. These numbers assume two people per bedroom. The calculations are on the spread sheet. Some additional thoughts for you to consider in your planning process. Individual Sewage Disposal System submitted in a "phased" fashion will be judged on their individual merits at the time of submittal and may not be approved. The location of the individual sewage disposal Thom and Camille Toler Page 2 March 20, 2003 systems is also critical since any overlapping from one field int( ) another will cause the fields to be considered one and may require a submittal of a Site Application to the Colorado Department of Health, Water Quality Control Division. Keeping leach fields eparated to avoid classification as one unit can be problematic on a site with limited size that envisions several new buildings that require larger space for sewage treatment. If and when a conn ction is made to a municipal system, the Town of Silt will want to know the total demand a the time of application. Garfield County may ask for a master plan to better understanc. the total scope of the project as part of the Special Use Permit process. This master plan approach does provide an excellent opportunity to assess the feasibility of the total development concept from a spatial and financial perspective. Basic system components are also sized on a prel urinary basis. This data will be needed to obtain project financing. Money spent up front on planning and engineering to look at the big picture will pay for itself many times over as the development progresses in response to market demand since it may prevent surprises that may have significant costs or limit the development because approvals can not be obtained. Thank you for the opportunity to work on your project. We lc ok forward to working with you as the project develops. Please feel free to contact us at the above address if you have any questions regarding this letter. Sincerely, Balaz & Associates, Inc. William P. Balaz Jr., P. E. President cc: Eric McCafferty m m zzzzoo>m-1>>Z> N N C C C C D) C< 1) 0<< C N 3333-aq�an�� °3ch 3 3 QQ�Cr Qa) cm n1 o m v Q v 13(D (D lD cD C) 3 - (n ca CD 3 FD- (1 -',<m D v m m W N It 4)0 0 0 0 xi _ 0< X_. ,p o O N a) N 3 m N .1 m- 03 WZ nnaa3 .qua0 0 0 m N CD aaaan, m 3 0 D 3 r: - 0 to to �' O 0 0 0 0 - O o n-0 -0 z 3vvmm�o3 � - tatuap A R A N W W W co 4) 0. X. 2.03 N OZ 0.0.0.2 3`<�<•< a c3 00 0 0 0 3 m m a -0 3 3 3 3 v13 0 m (J cn (n u) (D m 3 )e )a NNN(n Z -< -< CO 13 O N CD (1) <. M- 113 cri wwV• - W - t cD M 03 CO 01 W CWW0oWOWCJl(W co CD C 13 1:3 13 (1) d ff O < D. n. O. 13 111 C) O. (D N W CD D) ZZZX a)j N V) O O M 1-11e8 elenud ON 09 u#e8 awApd gL N pajoruisuo0 aq o} suun Jo alewils8 posad Jaiol utilizes water conservation devices. G. The local Health Officer or designated agent may, at their discretion, require an increase of average daily flow of up to 100 gal/person/day for large or more costly dwellings. TABLE I QUANTITIES AND BOD STRENGTH OF SEWAGE FOR VARIOUS TYPES OF USES 14 YPE OF ESTABLISHMENT GALLONS/PERSON/DAY (AVERAGE) (UNLESS OTHERWISE STATED) LBS. BOD5/PERSON/DAY (UNLESS OTHERWISE STATED) ' esidential ingle-family dwellings (two people per bedroom) 75 .20 Separate Distribution of Flows - Individual Residential use Bath/Shower 14.7 .014 Dishwasher 1.8 .002 Kitchen sink 4.4 .045 Additional for garbage grinder 1.4 .052 Laundry washer 19.5 .037 Lavatory 8.4 .021 Water closet 24.8 .029 1 otels and Motels - per room (without private baths) 50 .15 1 otels and Motels - per room (with private baths) 75 .15 1 ultiple-family dwellings or apartments 75 .20 1: oarding and Rooming houses 50 .15 1 obile Home Parks 75 .20 (per space) 300 .80 ommercial • irports (per passenger) 5 .02 (per employee) 10 .06 1: arber and Beauty Shops (per chair) 100 .70* 1: owling Alleys (per lane - toilet wastes only) 5 .03* I: us Service Areas (not including food) 5 .02 14 Country clubs (per member) 30 .02 (per employee) 20 .06 Dentist offices (per non -wet chair) 50 .14* Doctors offices (per doctor) 250 .80* Fairgrounds (per person attending) 5 .02 Factories and plants (exclusive of industrial wastes) (per employee per 8 -hour shift -no showers) 20 .05 (per employee per 8 -hour shift - showers provided) 35 .08 Food service establishments (per seat) Restaurant (Open 1 or 2 meals) 50 .06/meal served 24-hour Restaurant 75 .07/meal served Restaurant with paper service only 25 .01/meal served Additional for bars and cocktail lounges 30 .02 Drive-in Restaurant (per car space) 50 .02 Kennels (per dog) 30 .20 Laundries, self-service (per commercial washer) 400 .75 Office Buildings (per employee per 8 -hour shift) 15 .06 Stores and Shopping Centers (per square foot of Retail space) .1 .01* Service Stations (per toilet fixture) 250 .50* Stadiums, Race Tracks, Ball Parks (per seat) 5 .02 Theaters (Movie, Indoor. or Auditorium) 5 .02 Work or construction camps (semi- permanent - with flush toilets) 50 .17 Work or construction camps (semi- permanent - without flush toilets) 35 .02 Institutional (does not include kitchen wastewater flows) Churches (not including food) 5 .01 Hospitals (per bed space) 250 .20 Nursing Homes (per bed space) 100 .17 Schools, Boarding 100 .17 Schools, Day (without cafeteria. gym or showers) 15 .04 (with cafeterias.. no gvm or showers) 20 .08 (with cafeterias, gym and showers) 25 .10 (additional for school workers) 15 .06 Recreational and Seasonal Camps, day (no meal served) 15 .12 Luxury Resort 125 .17 Resort (night and day) 50 .12 Campground (seasonal occupancy - per unit)** 50 .12 Public Park (during hours when park is open) - Flush Toilet (per fixture per hour) 36 .04 lbs./ fixture - Urinal (per fixture per hour) 10 .01 lbs./fixture - Shower (per fixture per hour) 100 .10 lbs./ fixture - Faucet (per fixture per hour) 15 .04 lbs./ fixture Swimming pools and bathhouses 10 .06 Travel trailer parks (with individual water and sewage hookup - per unit) ** 50 .12 (without individual water and sewage hookup - per unit) ** 50 .12 ** _ BOD Levels needing further verification Laundry facilities are to be calculated on a per commercial washer basis in accordance with other elements of this table. 16 a) § .� as Lu \ 0_ >0 2 2 0 m f 0) L -o q 2 2 0 0 0 -0 0 .- U 0 ® e 2 as ® 0 /R 0 < / ® c 0 >Ek~- m E J G ± .@ 4 0 Z _ e 41) / / } �_ 2 /0 t\ 0 co c /ID ID D 00 CU E 2 -0 � .$ Z \ a_ eL f — 0 0 0 n a_ 0-,\ f\ _J 2 »® w O 0 eL \ / 0a — ��\ ± -) 0 2 q / Lu 2 -0 \ ~ % O cL 9 0 c- 0 L IY 4 R 1 E (15 .e a » * a _� w 7f %13 -0 m A £ ® o �U± 0 m / o _ ƒ c O ® m» o_ e ? > 0 / 03 G 0_ Li *±� k� K(z ¥ w E 2 2 E ? ? (Y \ / / f f 7 m± 4 a& m m± k 0 (0 0 0 0 0 0 D / a) 0 0 c m CU @ _0 / 0) k 2 kk a o 0 c g c o 0/ o % R -o 0 as 2 m .2 o0 0 m 10 m li- M ¥ q E 0 2 \�-0 f / @ 0 / e m © 2 2 * / % % _a D 4 4 \ 0 \ $ Ii-; m ® / ± 4- 0..0 0 3 0 0 m @ 7 E* o e > m D e-> - 0 0 c .c Q p 0 / % % 0 2 2 0 CL ) 7 o m a � .- -- 00(/)± m c O o 1 Colorado River / m / 0 0 J J $ w -o 0 J CO CO& a2 ƒ0_o ax Lu 0 0 0 CO 0 > w CO rs10 2 % / ? / :0 k 0 % m � q e 0 / m / 0 yLL 01 m (0 m m / e / Ca 10 2 00 � q co ccin E ( ® � 0 c m 10 CO / / E 8 LE b0 0.1 q 2 d 10 2 c.1 m C / CO 2 Ns - ED 0as (Ns CV CV g J m e m < w �(\I c•-) 0 All dimensions in feet 310d ,lll1llfl 'X3 2JON11^1 2ifO1N00 801'Viol 2lflOINOO 3N1-1 XOY813S ONLLSIX3 H0110 ONIISIX3 DITCH DITCH 3N11 1.183d02id ONIISIX3 3NI1MO1d 'X3 1N31^13AVd JO 3003 'X3 z 0 D W r (n U) (n0 -t>-P - 0 ON ON V W OD N 1'l in InUIit-1 N N (1 n (.O co 0 1— .0 0 oo o cn 0 En m r m TOLER RESIDENCE 1.0 111.111=1•1111•1 HOUSE J.VM=1Ali10 GARAGE CR -311 0 rn 0 r- 0 0 NOI1VA313 G001:I ID ID DIVERSION DIKE 111111111 "VW _4 tJ S 00. DITCH 1 JOB No. TOLER' = A D TI10M & C.RMIl,LE "TOLER RUBY RIVER RESORT FIRST FLOOR ELEVATIONS CARDELD COUNTY COLORADO SCALE r 4-0 PREPARED IIIYDI.R TI1[`_ SI IPEKVISION OI': WM. P. BALAZ JK PEI! 17129 a'az Asocia tes, ....DRAWN 2527 Foresigqht Circle and Junction, Cobrado 81505 Inc»r Tel.#: 1970) 263-0733 Fax#: 1970) 263-9736 DAFT: 01/22/011 BY: KL() s 4 ENGINEER: WPB 3 CHECKED BY: WPB 2 1 1'B: Pc, # BY DATE REVISION RI C)CK Mar 31 04 01:06p West Divide Water C D Current 1101199 [b It 1 een-e ibb p• Cortract No. 990527TCT(a) N,ap ID Nc. 313 Jzte Activated 6/24/99 APPLICATION AND DATA FORM TO LEASE WATER FROM U+IEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICA Name /R/VE" `� /�/' P/'--� �- f' Mailing Address Telephone Number /70 / Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT OR BEING Name of Right /ZIP/— 4/. Type of Structure or Right Location of Poi t of Diversion 1 �� i`y el / Cc -.--mow � —7` +w. 01 -4 SSW APPLIED FOR om decree or permit) Akvce n, k/ Water Court Case No. Well Permit No. (Attach copy of permit) C. INTENDBD USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property on which water right is to be used. May be attached as Exhibit) D. Total acreage of above -referenced parcel so' Address of above -referenced property �_! Description of Use Total Number of Dwelling Units Number of Constructed Units Number of Vacant Lots Potable Water System moi` Waste -Water Treatment System Type of Meter or Measuring Device i V' _i57.77602 7 Projected Monthly Volume of Leased Water Needed in Gallons: THESE FIGURES ARE ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY (Actual diversions must be used unless contractee has an augmentation plan) Jan. Feb. Mar. Apr. May June. J my Aug. Sept. ____ Oct. Aov. nnual Total GaDllons Acre Feet 74 eiee 774, Maximum Instantaneous Demand gpm. OTHER REMARKS We are bu.id • . guest house. Date a new 3J 1.1 to serve t -hp Appl Mar 31 04 01:07p West Divide Water U ll EXHIBIT A 1UYUJ bez*e raa p• `t A TRACT OF LAND SITUATED IN LOT 9, OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING THAT PARCEL OF LAND DESCRIBED AS PARCEL 2 TOGETHER WITH A PORTION OF THAT 'PARCH, DESCRIBED AS PARCEL 1 AS DESCRIBED IN BOOK 703 AT PAGE 94 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • BEGINNING AT A POINT WHENCE THE WESTERLY RIGHT OF WAY LINE, OF COUNTY ROAD NO. 331 INTERSECTS THE SOUTHERLY.LINE OF THE SOUTH CHANNEL OF THE COLORADO RIVER AND WHENCE THE NORTHEAST CORNER OF SAID SECTION 10 BEARS N 08 DEGREES 44' 44" E.3612.35 FEET; THENCE S 00 DEGREES 37' 06" E 354.32 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE CONTINUING ALONG SAID RIGHT OF WAY S 00 DEGREES 27' 23" W 235.07 FEET; THENCE DEPARTING SAID RIGHT OF WAY S 74' DEGREES 07' 10" E 560.15 FEET; THENCE id 09 DEGREES 57' 32" W 395.19 FEET TO SAID SOUTHERLY LINE OF SAID SOUTH CHANNEL; THENCE ALONG SAID SOUTHERLY LINE N 57 DEGREES 23' 43" E 369.90 FEET; THENCE N 61 DEGREES 04' 03" E 101.00 FEET; THENCE N 61 DEGREES 35' 16" E 114.47 FEET; THENCE N 63 DEGREES 38' 48" E 116.61 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ R89 1 /2W j Mar 31 04 01:03p West Divide Water t: REVISED 5/21/98 Name of Applicant: b C 0 C f b P• b Contract # 990527TCT(a) Map fD # 313 Date Activated 6/24/99 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE -777/ 72'2 &,0J Quantity of Water in Acre Feet: Ae4t- 00/ - Applicant, hereby applies to the west Divide Water Conservancy District, a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973, 337-45-101, et sea. (hereinafter referred to as the "District") for an allotment contractllease to beneficially and perpetually use water or ,pater rights owned, leased. or hereafter acquired by the District By execution of this contract/lease and the attached application. Applicant hereby agrees to the following terms and conditions: 1 Water Ruts: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water. rtiich will be supplemented and augmented by water leased herein. If Applicant intends to divert through a weT:l, it crust be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for oy the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District.'.s direct flow water rights, and wren water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periocs when said direct flow water right is not in priority. the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the p~iority of the District's decrees and by the pnysical and legal availability of water from District's sources. Any quantity allotted will orly be provided so long as water is available and the Applicant fully complies with all of tne terms and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees may be in the nacre of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District it writing, and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in foiloe ng water years only. 3. Beneficjal Use anctLecatieelf Bereficial Use: Any and all water allotted Applicant by tne District shall be used for the following beneficial use or eses: municipal. domestic and related uses. or commercial ;except to the extent that Ruedi Reservoir water way not be available for commercial 35 that term is defined on Page 5 of Contract tio. 2-07- 70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities cr upon land owned. leased. operated. or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and ereer Mountain Reservoir. or other works or facilities of the District. cr from other sources available to the District. shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed paint of diversion far 1 Mar 31 04 01:1Op West Divide Water C D l5'/U1 bebee /we p..r said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Greer: Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, 1aw5, rules, and regulations governing releases therefrom. Furthermore. the District hereby expressly reserves the right tc store water and to make exchange releases from structures that may be built or controlled by the District in the future. so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Ary quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to,the amount of water available in priority at the original pcint of diversion of the District's applicable water right. and neither the District. nor those entitled to utilize the District's decrees. may call on any greater amount at new or alternate points of diversion. The District shall request the Colcrado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point. and such estimate shall be deducted from this amount In each case. 5. Alternate Point of Diversioi and Plan of Auomentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attacned to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein. and furtner agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing wcrks and facilities necessary to obtain/divert tee waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under tens contract/lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder. the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder. Applicant sha" not be obligated to pay any amount under Paragraph 19 below. In any event. the District shell have the right to approve or disapprove tr:e Applicant's augmentation plan arc the Applicant shall provide the District copies of such plan and of e71 pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease payment. Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the applicaticn for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full. within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant. among other things. of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat S5O late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such adcress as may oe designated by the Applicant ID writing or set forth in this contract/lease or application. Water use for any part of a water year shall 2 Mar 31 04 01:12p West Divide Water L !J l.'7eui a=DTGI.U0 r.o require payment for the entire water year. Nothing herein shall be construed so as to prevent the Distric from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice. Applicant shall at District's sole option have 'o further right, title or interest under this contract/leese without further notice. and delivery TOY be immediately curtailed. The allotment of water. as herein made. may be transferred, leased, cr otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District. the District shall notify the Division of water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. asidisjmal Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including. but not limited to, reimbursement of legal and engineering oasts incurred in connection with any water rights and adj.rdication necessary to allow. Applicant's use of such allotted water rights. 8. lissiorxneOt: This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property friar applying to the District for irdividual and separate allotment contracts/teases. Mo assignment snail be recognized by the District except upon completion and filing of proper forms for than9e of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this contract/lease and proper forms tor change of ownership must be completed. 9. Miler Release, Applicant shall be bound by the provisions of the Water Corservancy Act of Colorado: by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Ooergign and Maintenance Aoreerlignt Applicant shall enter into an 'Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Oirecters of the District, if and when. the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall no: be limited to. provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs. or for other costs to the District which nay arise through services made available to the Applicant. 11. Channe of Jse: The District reserves the exr_lesive right to review, reapprove or disapprove any proposed change it use of the water allotted hereunder. Any use other than that set forth herein or any lease or .sale of the water or water rights allotted hereurder without the prier written approval of the District shall be deemed to be a material breach of this contract/lea&e, 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at tee time this contract/;ease is executed. or ir any operation and maintenance agreement provided by Applicant. Any use other then as set forth thereon or any lease or sale of the eater or water rights herein. other than as permitted ir: paragraph 8 above, shall be deemed to be a material breach of this agreeaeet. 3 Mar 31 04 01:13p west U i v i de water L u Luau) ocoecrao peep 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein.: 14. feemerealoege Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein. and hereby agrees to he bound by any conservation plan adopted hereafter by the District for use of District owned cr controlled crater or water rights. 15. RPetrictionee Applicant shall restrict. actual diversions to not exceed the Contract/Lease amount. which orevices water (on the formula of one acre foot per ;welling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock. fire protection. and the irrigation of up to 6,000 square feet cf lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be usec for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Pesources for commercial use/liVestock watering at a horse boarding facility, provided that ire no evert shall actual diversions exceed the amount of water provided by this Cortract/Lease. Violation of this paragraph .S shall be deemed to be a material breach of this ContractiLease. 16. ilei! permit: if Applicart intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well ,permit before District is obligated to deliver any water hereunder. 17. tgasurinq Device or Meters Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously aril accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this contract/lease. Applicant agrees to prev=de accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this contract. Applicant hereby specifically allows District, through its authorized agent. to erter upon applicant's property during ordinary business hours for the purposes of determining applicant's actual use of water. IE. Representations: By executing this contract/lease. Applicant agrees tnat it is not relying on any legal or engineering advice that Applicant may believe nes been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances weatsoever about the quantity or quality of water available pursuant to this contract/lease. Should the District be arable to provide the water contracted for herein. no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Fjlrrg and Agri,p_ioq Plan:_ Should the District, in its own discretion, choose to include Applicant's contractilease hereir in a water court filing for alternate point of diversicn or plan of augmentation, then Applicant hereby agrees to pay to the District. when assessed. an additional fee representing the Disarict's actual and reasonable costs and fees for Applicant's share of the proceedings. 20. tinct Aoreerienti, This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water From 'west Divine Water Conservancy District" fuel)/ completed by Applicant and approved by the District's engineer. Said attachments shall by this reference theretc be incorporated irto the terms of this agreement. 4 Mar 31 04 01:14p West Divide Water L: D �aiva bc09c(bb p.'u 21. Warning: IT IS THE SOLE RESPONSIBILITY OF TILE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER. INCLlDING THE WATER ACQUIRED UNDER THIS CONTRACT/LEASE, IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR. MATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS. FILING WELL COMPLETION REPORTS. FILING STATEME OF BENEFICIAL USE. OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WI 71f WASTE/...2 Applicant., Applicant address: 7 Applicant,: STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrurnen .s acknowledged before roe on this,,,) day of//“ , 19by Witness try hand and official seal. commission My expires: ORDER Notary Public Jam.-., 1 Y�•.-. After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application. it is hereby ORDERED that said application by granted and this contract/lease shall be and is accepted by the Oistrict. ATTEST: c-' Secretary WEST DIVIDE WATER CONSERVANCY DISTRICT By Pres; dent r 2-47 ig4:11 Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany this contract/lease: 1. Map showing location cf point of diversion (use map proviced) 2. Application and Data Form fully completed and signed 3. b Form No. O S -12N 49 STATE OF CO,.ORA OFFICE OF THE STAT .:NGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 855-3581 Fax (30.3) 866-3689 REGISTRATION OF DECREED EXISTING WELL Pursuant to C.R.S. 37-92-304(8) WELL PERMIT NUMBER 217995 Thom & Camille Toler 0361 Co Rd 311 Silt CO 81852 ( 970) 878-1908 cc Use Only WATER COURT CASE NUMBER WELL LOCATION: Garfield County Owner's Well Designation Wigger Well Address of Well Location 0361 Co Rd 311 NE1/4 of the SE 1/4, Sec.10, Township.6 South, Range 92 West, 6th P.M. Qjstance from Section Lines 3793 feet from the North, 660 feet from the East section lines respectively. Subdivision Lot Block Filing The well has been historically used for the following purpose(s): Domestic Water from the well was first used beneficially by the original owner for the above described purpose(s) on July 1, 1957. The total depth of the well is 113 feet. The pumping rte of this well is 0.0198 cis, 9 gpm. The average annual amount of water diverted is Not reported. The land irrigated from this well is Not reported, described as: . In accordance with the provisions of Section 37-92-304 (8), C.R.S. the State Engineer has entered into his records, under the above assigned well permitnumber, The registrationt1ons madefor this welbmay have been amey the Division 5 tndeder oto urt In Case Number W-1161 for Well Number Wigger Wel reflect the current owner, address and location information prepared by the current well owner. State Engineer -HY Division 5 County 23 Water District 45 Date MAY 2 8 1999 Receipt No. 3626 Y-2?- 0"Y WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE: (970) 625-5461 FAX: (970) 625-2796 water@wdwcd.org April 27, 2004 Thom and Camille Toler 0361 County Road 311 Silt, CO 81652 Dear Mr. and Mrs. Toler: Enclosed in the approved amendment to Contract #990527TCT(a). Sincerely yours, Janet Maddock cc Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure William P. Balaz, Jr., P.E. w/enclosure Samuel B. Potter, President Kelly Couey. Vice President Robert J. Zanella, Secretary LaVerne Starbuck. Treasurer Bruce E. Wampter, Director 1 b