HomeMy WebLinkAbout1.0 Application1 • •
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HAWK RIDGE
� FINAL PLAT
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-P� PONDEROSA ENGINEERING, INC.
' CONSULTING ENGINEERS
ro«oum• 1w40411u04c. INC REGISTERED LAND SURVEYORS
1512 GRAND AVE.
SUITE 220
GLENWOOD SPRINGS. CO 81601 (303) 945.6596
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' TABLE OF CONTENTS
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1 SECTION 1 Submittal Letter
1 SECTION 2 Protective Covenants
SECTION 3
1 SECTION 4
SECTION 5 Ponderosa Engineering Percolation
' Test Report
' SECTION 6 Letters of Accep .nce from Ditch
Companies
' SECTION 7
SECTION 8
Final Construction Cost Estimate
Subdivision Improvements Agreement
Evidence of Legal Water Supply
Certificate of Taxes Due
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SECTION 1
SUBMITTAL LEITER
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May 12, 1983
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Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
RE: HAWK RIDGE SUBDIVISION FINAL PLAT SUBMITTAL
rDear Sirs:
Enclosed for your review is the final plat submittal for Hawk Ridge
Subdivision, along with the application fee of $154.00. Please note
that all supplemental information furnished with the Preliminary Plat
is valid for final plat with the following exceptions:
' 1. The enclosed Ponderosa Engineering report entitled,
"Suitability of Soils for the Use of Individual
Sewage Disposal - Hawk Ridge Subdivision" and dated
July 26, 1982, shall be substituted for the Lincoln
DeVore percolation test letter dated January 27, 1982
which was included in the Preliminary Plat
submittal.
2. The irrigation ditch easements shown on the Drainage
Plan, Sheet 9 of 9, Hawk Ridge Preliminary Plans,
have been revised to the easement widths shown on the
Final Plat. Letters of Acceptance for easement width
and location from the respective ditch companies are
included in this submittal.
This submittal includes supplemental information as follows:
' 1. Protective Covenants
2. Final Construction Cost Estimate
j3. Subdivision Improvements Agrement
The conditions placed by the County Commissioners on the Preliminary
Plat are addressed below:
1. County Road 103 will be chip and sealed from the end
of the existing chip and seal to Deer Path. The cost
of this improvement will be shared with the Cedar
Ridge Farm project on a cost per lot basis. The
sight distance problem on Lot 8 has been addressed to
r the satisfaction of Leonard Bolby by limiting the
driveway access to the southwest corner of the lot
(See Note 2 on Final Plat).
r2. A final plat notation is made addressing percolation
rates. See Note 3.
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3. Fee in lieu of land dedication will be made in
equivalent value of 0.34 acres to the RE -1 School
District.
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4. The ditch companies are in agreement with the ease-
ments shown on the Final Plat. See enclosed Letters
of Acceptance.
5. There are very few areas throughout the development
with slopes exceeding 20%. Anyone wishing to build
on one of these sites will be advised in the site
approval process (addressed in the covenants) that an
on-site evaluation for slope stability and rockfall/
creep hazards will be required by the Garfield County
Building Department prior to issuance of a building
permit for that site.
6. Evidence of a legal water supply is addressed by Mr.
Lee Leavenworth's May 12, 1983 letter to Mr. H.P.
Hansen which is enclosed in this submittal.
7. The Developer agrees to provide a suitable bus stop
for children on County Road 103.
If you require any additional information to process our al, please
submitt contact me.
Sincerel
H.P. Hansen
Enclosures
(4/81053)
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SECTION 2
PROTECTIVE COVENANTS
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PROTECTIVE COVENANTS FOR HAWK RIDGE SUBDIVISION
A RURAL COMMUNITY
Hawk Ridge Company, a Colorado Limited Partnership, ("Declarant") is
the owner of that real property described in Exhibit A attached hereto and
incorporated herein by reference, and desires to establish certain rules and
regulations governing some of the uses and type of enjoyment for. Hawk Ridge
Subdivision and each portion of it. These Protective Covenants shall be
deemed covenants and reservations which attach to and run with all of Hawk
Ridge Subdivision and every lot and portion of the subdivision.
1. Residential Use:
lot
l m ted beto usethea use andonly for
occupandcynbyaa
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purposes. Residential purposes shall be .
single family, its guests, in-laws, and servants.
The owner of a lot may personally conduct a home occupation which
shall be limited to the use of the lot for economic gain. A home occupation
shall be limited only to the owner's providing professional services as
follows: Tutoring of not more than three students simultaneously, the creation
of individual works of art, silk screens,
or orsfosteraphs in a amily carenofanot
rts
studio, clothes making, laundry and pressing,
more than four children simultaneously. All home occupations shall be
conducted only within an enclosed building by the owner of the lot, and no
material shall be stored outside any building. No external indication of athe
home occupation shall be permitted outside any building, except the tempoY
parking of not more than two cars by customers at_any one time. No customer
cars shall remain'parked for more than eight hours. Nothing herein shall
limit the offering for sale or using as a model home or sales office any lot
by the Declarant.
1. Subdivision: No lot may be subdivided.
2. Setbacks: Except for fences as described below, no structure
shall be erected closed than 50 feet to any lot line.
3. Animals: The keeping of animals on each lot shall be governed by
the following:
a) Not more than two large livestock animals, such as horses,
cattle lamas, cows, sheep, buffalo or similarly sized animal
may be kept; barns or stables, and corrals, must be constructed for
such animals. However, with prior written consent of the
Declarant or Homeowner's Association, a lot owner may transfer
to another lot owner within the subdivision his rights to maintain
large livestock animals.
b) The location adbui�ding tplans
Declarantany
or Homeowners'
Association.
rn, stableor
corral must be approvedy the
Association.
c) A maximum of twenty poultry or fowl, including rabbits,
shall be permitted, but they shall be enclosed in a pen or
enclosure approved by the Declarant or Homeowners' Association.
d) A maximum of three dogs may be maintained. No
dog shall be permitted to go upon any property not owned by the
keeper of the dog, unless the dog is accompanied by a person in
full voice control of the animal's behavior or the animal is on
a leash.
e) A maximum of three cats may be maintained.
f) Additional small animals, such as guinea pigs or rodents,
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may be maintained within any primary structure.
4. Oil, Gas, and Mineral Reservations: Nothing herein shall limit
the rights of holders of oil, gas, and mineral reservations.
5. Ditch Rights: Nothing herein shall limit or affect existing
easements or rights or ways for ditches or canals, including by way of example
and not by way of limitation the C & M irrigating ditch.
6. Subdivision Plat: All rights of users and owners of Hawk Ridge
Subdivision shall be subject to the subdivision plat, and all other applicable
regulations of Garfield County.
7. Domestic Water Rights: The Declarant owns certain water rights
for Hawk Ridge Subdivision: Hawkridge Well No. 1, Hawkridge Well No. 2, Keller
Well, 1.0 cfs in the C & M Ditch, 1.3 cfs in the C & F Enlargement of the C &
M Ditch, rights pursuant to that Plan for Augmentation approved by the
District Court in and for Water Division No. 5, State of Colorado, in Case No.
82CW96, and Case No. 82CW45, and a license to 3.99 acre feet of consumptive
use of water licensed by Carbondale Land Development Corporation. All use of
water within Hawk Ridge shall comply with all applicable terms provisions of
all decrees of Court, license agreements, laws, and regulations.
Without limiting the foregoing, no lot shall be more than 1000 square
feet of land, including lawn and garden. Water shall be used only on the lot
to which it is appurtenant; however, each lot owner's right for water to two
horses for his lot shall be transferable upon the express written permission
of the Declarant or Homeowners' Association to the owner of another lot,
provided that no lot owner shall maintain more than four horses on his lot.
The Declarant or Homeowners' Association may refuse to allow the transfer or
horse watering rights for any reason whatsoever.
The Declarant or Homeowners' Association shall regulate, manage, and
maintain the supply of water in Hawk Ridge. All water shall be supplied from
the company so created. No water from any other source will be allowed
without the prior written consent of the company. Water shall be delivered to
each lot through a water distribution system consisting of ditch laterals or
pipes of a size, configeration and location established by the Declarant, or
Homeowners' Association. All water shall be metered. Each lot owner shall
pay the cost of installation and maintenance of a water meter of a size and
design required by the Declarant or Homeowner's Association or company.
The Declarant or Homeowners' Association may charge such fees for
water usage necessary to pay the costs of obtaining and distributing water,
including construction, maintenance and operation of the distribution system
and ditches and the creation of a Reserve for reconstruction. All owners of
parcels shall be members at all times of the company and shall be entitled to
one vote for each lot. All owners shall be liable for all assessments levied
by the company. Assessments shall be prorated equally among each of the
parcels in Hawk Ridge, except for equitable adjustments for the transfer of
large animal watering rights.
If the owner or owners of any parcel in Hawk Ridge fail to pay any
assessment after ten (10) days' demand levied by the company, Homeowners'
Association or Declarant, then the entity making the demand shall have a lien
from and after the notice of failure to pay is recorded in the office of the
Garfield County Clerk and Recorder for the amounts due and not paid,
all
,plus
interest from the date of the demand at the rate of 1% per month, p
costs and expense of accounting and collecting the unpaid amount, including
reasonable attorney's fees and collection fees.
The rigts and duties of the Declarant or Homeowners' Association
concerning water may be transferred to a non-proft water company created to
manage, regulate, and maintain water in Hawk Ridge Subdivision.
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8. Signs: No sign, graphic, or advertising device shall be placed
II upon the property, except a small sign or graphic, not larger than 6" x 18",
in a form and design approved by the Architectural Control Authority showing
the owner's name or address, or both. "For Sale" signs may be placed on a lot, 4--
subject the prior written approval of the Architectural Control Authority.
I Nothing herein shall limit the rights of the Declarant or Homeowners'
Association to erect street identification signs, traffic control signs, and
devices, and a sign identifying the subdivision.
1 9. Sewage Disposal: All sewage disposal facilities shall be
installed and constructed according to the applicable standards of Garfield
II County and the State of Colorado at the expense of the lot owner.
10. Drainage Control: Each lot shall provide culverts at any point
where a driveway joins or cross on the owner's lot any road , irrigation
I ditch, or discrete drainage area. The Architectural Control Authority shall
approve the size and design of the culvert. No building may be erected no
closer than fifteen (15) feet from any irrigation ditch, except upon prior
written permission of the Declarant, Homeowners' Association or Water Company.
1 No lateral irrigation ditch may be blocked in any way so as to impede the flow
of water to or from adjoining lands. Lateral ditches may be relocated upon
the prior written approval of the Declarant, Homeowners' Association or Water
1 Company, which permission shall be granted only if the change does not
adversely affect the flow of irrigation water to or from adjacent land.
11. Temporary Structures: No structure shall be placed on any lot
except as approved in writing by the Architectural Control Authority,
Declarant, or Homeowners' Association. However, nothing herein shall prohibit
II the placement of tents, teepees, or toy structures primarily for the use of
children.
12. Storage: The Declarant, Homeowners' Association, or Water Company
II may store materials, equipment, and machines on any roadway or common lands
within Hawk Ridge, if the items stored are used primarily for the general
maintenance of the subdivision roads and open space, the construction of
11 residential homes, or the construction and maintenance of the water system.
Except for passenger vehicles and pickup trucks, no motor vehicles,
I construction equipment, or heavy equipment may be stored on any lot for more
than twenty-four (24) hours, unless enclosed in a structure or opaque fence
approved by the Architectural Control Authority.
I All trash containers, storage tanks shall also be enclosed in a
structure or opaque fence approved by the Architectural Control Authority.
I Except for firewood and fuel, no lumber, metals, bulk materials, scrap,
or building material shall be stored on any lot, except during construction of
a structure for which a Certificate of Occupancy is required, unless stored in
II an enclosure or opaque fence approved by the Architectural Control Authority.
13. Utility Lines: All extensions within a lot of electric,
telephone, water, gas, television, or other transmission lines shall be
I underground and installed at the expense of the lot owner in accordance with
the engineering standards of the utility company providing the service.
14. Objectionable Noise: No person shall discharge a firearm,
1 operate a snowmobile or dirt bike, or engage in any action which constitutes a
nuisance upon any lot, roadway or other place within Hawk Ridge Subdivision.
II15. Architectural Control Authority: The Declarant shall be and
constitute Architectural Control Authority until such time as it assigns or
delegates the function of the Architectural Control Authority to the
I Homeowners' Association. Such assignment and delegation shall occur no later
than the sale by the Declarant of eleven (11) of the lots in the subdivision.
16. Hawk Ridge Homeowners' Association: A Colorado non-profit
Icorporation shall constitute Hawk Ridge Homeowners' Association in order to
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further the interests of the lot owners, to perform the obligations of the
Architectural Control Authority, and to perform the other obligations of the
' Declarant imposed by these covenants after the delegation of such authority by
the Declarant. The owners of all lots shall be members of the association at
all times during their ownership and shall be entitled to one vote for each
lot owned. All lot owners shall pay assessments levied by the association
which shall be prorated equally among the lots.
If the owner of any lot fails within ten (10) days after written demand
1 to pay any assessment levied by the Homeowners' Association, then the
Association or the Declarant, whichever incurred the costs giving rise to the
assessment, shall have a lien, from and after the time the notice of failure
to pay is recorded in the office of the Garfield County Clerk and Recorder
against the lot of the non-paying owner for the amount due, plus interest form
the due date of the assessment at the rate of 12%, plus costs, reasonable
attorney's fees and expenses of collection. The lien may be foreclosed in the
manner provided by law for the foreclosure of mortgages.
To the extent the Homeowners' Association exercises any of the rights
or obligations of the Water Company described in paragraph 7 above, it shall
have all the lien rights described in such paragraph available to the Water
Company.
17. Assessments: The Association may levy assessments, in addition to
those described elsewhere in these covenants, to maintain and operate ditches,
water storage facilities, and common areas, and to promote the recreation,
health, safety, and welfare of the residents of Hawk Ridge Subdivision.
Assessments shall be prorated equally among the lots of Hawk Ridge
Subdivision.
All charges, assessnents, and liens permitted by these covenants shall
be enforceable without regard to whether the lot in question has been
improved.
18. Approval of Structures: Except as otherwise specifically allowed
in these covenants, no structure shall be placed on a lot, and no structure
shall be altered in any manner requiring the issuance of a building permit by
Garfield County, unless the proposed structure or alterations have been first
approved in writing by the Architectural Control Authority.
The Architectural Control Authority shall use its reasonable discretion
in determining whether to approve or disapprove any structure. In exercising
such discretion, the Architectural Control Authority shall implement, to the
r extent reasonably feasible, the following guidelines:
a) The erection of structures so as to minimize their obstruction
1 of views from other sites;
b) The preservation of enhancement of exisiting natural features
the subdivision, such as trees, ground cover, and open space;
c) The harmonization of structures with the natural setting and
other structures on adjacent lot;
d) The use of landscape materials that are indigenous to or
existing in the area, which have low maintenance requirements and
low water consunption, so that natural areas do not sharply con-
trast with the landscaped areas;
e) The use of structural materials having reduced maintenance
requirements;
f) The promotion of improvements that maximize the natural
' qualities of each lot;
g) Maximization of of solar energy usage.
Without limiting the foregoing, no structures to be used as a
residence shall consist of less than 2000 square feet of interior floor space,
excluding garage area; and, not more than two separate structures in addition
to the residence shall be allowed, except for structures existing as of the
date of execution of these covenants on a lot.
iThe Architectural Control Authority can approve or disapprove the
location, elevation, profile, and exterior construction materials of all
structure, except as otherwise expressly provided in these covenants.
A lot owner shall provide such information as reasonably required by
the Architectural Control Authority, including by way of example and not by
way of limitation, site plans, construction plans and specifications,
landscaping plans, and samples of materials and colors to be used. The
Architectural Control Authority may retain one copy of each item submitted.
' If the Architectural Control Authority fails to disapprove a structure within
twenty-one (21) days after the submission of a written request for approval,
the structure shall be deemed approved. As to an bonafide purchaser or
encumbrance for value without notice; any structure which has been completed
or installed for one (1) year after the issuance of a Certificate of Occupancy
by Garfield County shall be deemed to have been approved, unless the
Architectural Control Authority or the Declarant records an instrument in
writing indicating its disapproval in the Office of the Garfield County Clerk
and Recorder within one (1) years of the issuance of a Certificate of
Occupancy and prior to the date on which the bonafide purchaser or encumbrance
records it is such office its interest in the property.
19. Fences: The construction of any fence shall be first approved by
the Architectural Control Authority, which can determine the location, size,
design, material, and setback requirements. All livestock shall be fenced by
the owner, subject to the approval of the Architectural Control Authority.
20. Zoning: All uses of lots within Hawk Ridge Subdivision shall
comply with the Garfield County Zoning Resolution and Regulations, including
by way of example regulations concerning non-conforming uses, variances, and
special use permits.
21. Prompt Completion of Structures: Construction or installation of
any permanent structure shall proceed promptly after approval by the
Architectural Control Authority, but in no event more than one (1) year after
the date of approval, unless the Architectural Control Authority extends to a
date certain the completion time. Failure to complete a structure within the
time permitted shall constitute an automatic revocation of approval of the
structure, and such structure shall be removed at the lot owner's expense
within forty-five (45) days after the written demand of the Architectural
Control Authority. If such structure is not removed as demanded, the
' Homeowners' Association may proceed to remove the structure, and the costs of
removal may be assessed as a lien against the effected lot and foreclosed as
allowed in these covenants.
22. Right of Inspection: Prior to the issuance of a Certificate of
Occupancy, the Declarant, Architectural Control Authority, or Homeowners'
Association may enter upon property and any structure to determine compliance
with the Architectural regulations.
23. Change of Grade: No grade, streambed, ground level, ditch, ditch
t lateral, or drainage pattern shall be altered or changed without first
obtaining the prior approval, in writing, of the Architectural Control
Authority.
24. Variances: The Architectural Control Authority may allow
variances from compliance with any of the terms of these provisions concerning
the construction of structures when circumstances such as typography, natural
obstruction or hardship may require. All such variances shall be in writing.
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Any action taken within the scope of a written variance shall not be deemed to
be a violation of these covenants. The granting of any variance shall not
' operate as a waiver of any other teens and provisions of these covenants. The
granting of a variance on one lot shall not entitle the owner of any other lot
to a similar variance. Completed or partially completed construction of
' structures in violation of these covenants prior to the application or
issuance of a variance shall not be considered a hardship entitling the
applicant to a variance. No variance shall be granted unless the applicant
notifies the owner of each lot in the subdivision by certified mail, return
receipt requested, of his application for a variance. The Architectural
Control Authority shall not issue a variance on any matter sooner than ten
(10) days after the last date of mailing notices by the applicant, during
which period any owner may be heard on the issue of the variance. No owner of
a lot shall be entitled to a variance as a matter of right.
25. Enforcement Rights: The provisions of these covenants may be
' enforced at any time by the owner of any lot, the Declarant until the creation
of a Homeowners' Association, and by the Homeowners' Association. These
covenants may be enforced by applications for prohibitive or mandatory
' injunction, or damages, or both. Actual damages shall not be deemed an
adequate rernedy for a breach of the provisions of these covenants.
In addition to the above remedies, the Homeowners' Association's duly
authorized representative may enter upon any lot where a violation exists, may
abate or remove the condition causing the violation or breach, and may
otherwise cure the violation or breach without a breach of the peace. The
11 costs incurred shall be assessed to the owner of the affected lot, and may
become a lien and foreclosed in the manner described above for assessment
liens.
26. Third Party Protection: No violation or breach of any of these
covenants and no action to enforce these covenants shall affect or impair the
lien of any mortgage or deed of trust taken in good faith for value or the
title or interest of the holder thereof or the title acquired by any purchaser
upon foreclosure of such mortgage or deed of trust. However, any such
purchaser shall take subject to the provisions of these covenants and to the
rights of all parties privileged to enforce these covenants for any violation
which occurred before or after such sale.
27. Definitions: "Structure" means any device, edifice, or building
which is constructed or fabricated, including any piece artifically built of
or composed of parts joined together in some definite manner.
e"Lot" mean one of the seventeen (17) lots platted on the Hawk Ridge PUD
Subdivision plat.
' 28. Disclaimer: Nothing in these covenants shall constitute a
warranty or representation of any kind by the Declarant that any lot shall
have sufficient water available for the intended uses of the owner or
' occupant. Although the Declarant has been notified of its compliance with
applicable state and local rules and regulations, no warranty or
representation is made that the water or sewage from any lot will or will not
' enter upon or infiltrate into any other lot. Although the Declarant has
complied with governmental regulations concerning the location and
installation of waterlines and roadways, no warranty or representation is made
concerning the sufficiency of such lines or roadways for any particular
' purpose. The subdivision is subject easements for ditches and ditch laterals
in favor of persons or entities other than the Declarant, and the Declarant
makes no warranty or representations relating to the permanency of such
ditches and laterals, the possiblity of their relocation, or leakage or sepage
from such ditches and laterals.
29. Homeowners' Association: When the Declarant has conveyed fee
simple title to eleven (11) lots in Hawk Ridge Subdivision, all of the
Declarant's rights, responsibilities and obligations under these covenants
' shall be delegated, assigned, and transferred to the Hawk Ridge Homeowners'
Association, a Colorado non -corporation, and such association shall assume and
discharge all the Declarant's obligations thereunder. The Homeowners'
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' Association shall be established under the direction of the Declarant, and
such direction shall include the structuring of the Articles of Incorporation
and By-laws. The Directors of the association shall appoint the menber of the
' Architectural Control Authority. Nothing herein shall limit the rights of the
Declarant to sell all of its rights in Hawk Ridge Subdivision to any third
party.
30. Severability: Each covenant, restriction, and condition contained
in these protective covenants, whether or not located in the same paragraph,
shall be cleaned independent and separate of any other, and the invalidation of
one shall not affect the validity of any other.
31. Amendment and Termination: The provisions of these protective
covenants shall remain in full force and effect until January 1, 1985, and
from year to year thereafter until amended or terminated by a written
instrument executed by the owners of a majority of the lots in Hawk Ridge
'Subdivision then existing. Prior to January 1, 1985 these covenants may be amended or terminated only by an instrument in recordable form executed by the
record owners of at least eleven (11) of the lots of the subdivision and by
the Declarant.
' 32. Paragraph Headings: The paragraph headings in this instrument are
for convenience only and shall not be considered in construing the terms
herein.
33. Waiver: The failure of any person or entity to insist upon the
strict performance of any of the terms and conditions of these covenants shall
be deemed a waiver of rights or remedies regarding that specific term and that
specific instance only, and it shall not be deemed a waiver of any prior or
subsequent breach or violation of the same or any other terms and conditions
of these covenants. Failure of any person or entity to take action against
any other person or entity upon the violation of any terms of these covenants
shall be not be deemed a waiver of any right as tcs any other violation against
the violating party. Any indulgence granted by one party to any other shall
not limit in any way the rights of the party granting such indulgence arising
out of any other acts of party to or for whom the indulgence in granted.
34. Assignment: Nothing in these covenants shall restrict the rights
of the Declarant to sell or assign its interests in all or any part of Hawk
Ridge Subdivision.
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1 SECTION 3
1 FINAL CONSTRUCTION COST ESTIMA'1L
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1 SECTION 4
1 SUBDIVISION IMPROVEMENTS AGREEMENT
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of
August, 1982, between , hereinafter referred to as "XXXX
", and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO,
hereinafter referred to as the "County", WITNESSETH:
WHEREAS, XXXX is the owner of certain real property located in
Garfield County, Colorado, more particularly described on the final plat
for , which is filed on even date herewith, which real property is
now known as " ", hereinafter referred
to as the " "; and
WHEREAS, as a condition of approval of the final plat
(hereinafter referred to as the "Plat") for the , XXXX wishes to
enter into this Subdivision Improvements Agreement (hereinafter referred to as
"Agreement") with the County; and
WHEREAS, the County has required and XXXX has agreed to
provide security or collateral sufficient in the judgment of the County to make
reasonable provision for completion of certain public improvements as set forth
on Exhibit "B" attached hereto and incorporated herein by this reference; and
WHEREAS, XXXX has agreed to execute and deliver a letter of
credit to the County to secure and guarantee its performance of this Agreement
and has agreed to certain restrictions regarding the issuance of building
permits and certificates of occupancy within the subdivision, all as more fully
set forth hereinafter;
NOW, THEREFORE, for and in consideration of the premises and
the following mutual covenants and agreements, the parties hereby agree as
follows:
1. XXXX's Performance. On or before
XXXX agrees to construct and install, or to cause to be constructed and
installed, at its sole expense, those public improvements set forth as items 1.
through 17. on Exhibit "B" attached hereto. XXXX agrees that all of the public
improvements to be completed as identified on Exhibit "B" attached hereto shall
be constructed in compliance with the following:
a) All final plat documents submitted prior to or at the time
of final plat approval.
b) All laws of the United States, State of Colorado, and its
various agencies, affected special districts, and/or
municipalities providing utility services.
c) Such other designs, drawings, maps, specifications,
sketches and other matter submitted to and approved by any
of the above stated governmental entities.
The County agrees that provided such improvements are installed in accordance
with this paragraph one, then XXXX shall be deemed to have satisfied all terms
and conditions of the zoning and subdivision laws, resolutions and regulations
of Garfield County, Colorado including, but not limited to, Resolution No.
adopted by the County on and Resolution No.
adopted by the County on
2. Cost of Improvements. It is understood for purposes of
this agreement that the cost of all of said public improvements is $
("Total Construction Costs" less items 18 and 19 on Exhibit "B") based upon the
engineering cost estimates set forth on Exhibit "B", which amount the County
finds reasonable and hereby approves and accepts. XXXX shall provide, on
request of the County, written confirmation of such estimates by XXXX's
engineering consultants and the public utilities furnishing such improvements.
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3. Security for I provements. On or before
XXXX shall deliver a letter of credit issued•by a state or national banking
institution which is licensed to do business in the State of Colorado, in a
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form acceptable to the County, which acceptance shall not be unreasonably
withheld. The amount of said letter of credit shall be equal to the "Total
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Construction Costs" of $ , plus an inflation factor, as provided for in_
IIParagraph 4 below. In the event XXXX fails to deliver said letter of credit
by , then the Plat may be vacated by the County and in such
event all approvals of the Subdivision by the County shall be deemed to have
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been withdrawn and rendered null and void by such vacation and all parties
shall be released from any further obligation hereunder. Contemporaneously
with the execution of this Agreement, XXXX has delivered its written consent to
said vacation in the event an acceptable letter of credit is not delivered
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within the time provided; and this consent is binding upon its successors and
assigns.
' Upon XXXX delivering to the County said letter of credit, XXXX
shall be entitled to enter into pre -sales agreements for the sale of lots.
However, no title to lots shall be conveyed nor building permits issued until
the County has accepted the completed improvements. Upon delivery to the
County of said letter of credit, the County shall issue written approval in a
form recordable in the office of the Recorder of Garfield County, Colorado,
stating that said letter of credit has been provided pursuant to this Agreement
and that pre -sales agreements may be made. However, the County shall not be
required to issue building permits for any buildings constructed within the PUD
until such time as all improvements have been accepted by the County, which
' acceptance shall not be unreasonably withheld, provided that in the event
weather or other factors beyond the reasonable control of XXXX delay the
installation of sidewalk, curb and gutter or surface paving, such delay shall
not prevent the issuance of building permits so long as the letter of credit
remains in full force and effect.
Upon receipt from XXXX of its certification that the public
improvements set forth on Exhibit "B" have been completed and paid for, the
County shall return to XXXX the letter of credit marked "satisfied in full" and
shall acknowledge that all improvements have been completed in a satisfactory
manner and shall otherwise release the aforesaid letter of credit, in
recordable form if requested by XXXX.
I The county may, at its option, permit XXXX to substitute other
able to the County for the collateral origianally given by
XXXX to secure the completion of the improvements as hereinabove provided.
4. Inflation Adjustment. As provided in paragrpagh 3 above,
the amount of collateral shall be adjusted on an annual basis for inflation
based upon the Consumer Price Index, Denver -A11 Urban Consumers Index, All
Items, 1967 equals 100, published by the United States Department of Labor,
Bureau of Labor Statistics. Each year during the term of this agreement,
commencing on the first day of of each year, the base amount of the
collateral shall be adjusted by computing the increase, if any, in the cost of
living for the preceding year period and adding the same to the base amount of
the collateral. The base index number shall be the CPI number for
' 1982 of , and the corresponding CPI number for the months of each
succeeding year shall be the current index number. The increase, if any,
betweeen the base index number and the current number (expressed as a
1 percentage) shall be multiplied by the base amount of the collateral and any
resulting positive product shall be added to the base amount of the collateral
and the total thereof shalll be the adjusted amount of collateral. The parties
hereby agree that a new letter of credit will be issued which will equal the
' amount of the adjusted amount of collateral.
If at any time during the term or any extension hereof said
Consumer Price Index is no longer published, the parties shall use such other
' index as is generally recognized or accepted for the purpose of making similar
determinatioins of purchasing power.
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5. Notice of Deficiencies. If the County determines that the
improvements within any phase. are not constructed in compliance with the
specifications therefor, it shall furnish a written list of specific
deficiencies to XXXX. If the deficiencies have not been corrected, or if
satisfactory arrangements have not been .made .to correct such deficiencies,.
within thirty (30) days after the list is furnished, the County may draw on the
letter of credit such funds as may be necessary to complete the construction of
the improvements in accordance with such specifications.
6. Improvement Sequence. Paving of the street improvements
required to be completed by XXXX shall not be done until all utility lines to
be placed in or under the streets have been completely installed.
7. Enforcement. In addition to any rights which may be
provided by Colorado statute, it is mutually agreed that the County or any
purchaser of a lot or unit within the subdivision shall have the authority to
bring an action in the District Court of Garfield County, Colorado, to compel
the enforcement of this Agreement. Such authority shall include the right to
compel rescission of any sale, conveyance, or transfer of any lot or unit
contrary to the provisions of this Agreement, or as set forth on the Plat of
the subdivision, or in any separate recorded instrument. Any such action shall
be commenced prior to the issuance of a building permit by the County for such
lot or unit; and in the event no such action is so commenced, then the County
and any purchaser shall be deemed to have waived their rights and authority
herein provided.
8. Approval of Plat. The County agrees to approval of the
Plat subject to the terms and conditions of this Agreement.
9. Amendment. This Agreement may be amended from time to
time, provided that such amendment be in writing and signed by the parties
hereto.
10. Binding effect. This Agreement shall be a covenant
running with the title to each lot or unit within the subdivision and the
rights and obligations as contained herein shall be binding upon and inure to
the benefit of XXXX, its successors and assigns.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Chairman
ATTEST:
Deputy Clerk to the Board
XXXX
ATTEST:
Secretary
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SECTION 5
PONDEROSA ENGINEERING PERCOLATION TEST REPORT
1
July 26, 1982
Mr. H. P. Hansen
278 Garfield
Carbondale, CO 81623
Re: Suitability of Soils for the Use of Individual Sewage Disposal Systems -
Hawk Ridge Subdivision
PONDEROSA ENGINEERING
CONSULTING ENGINEERS
REGISTERED LAND SURVEYORS
Dear Mr. Hansen:
At your request we have prepared the following evaluation of the suitability
of the soils in the proposed Hawk Ridge Subdivision for the use of convention-
al individual sewage disposal systems.
INTRODUCTION
The soils report for the Hawk Ridge Subdivision required by Garfield County as
a part of the Preliminary Plat submission was prepared by Lincoln DeVore.
This report (Lincoln DeVore File #42174 GS) included as an addendum ari evalua-
tion of the suitability of soils throughout the development for the use of
individual sewage disposal systems. The report stated that ten percolation
tests were attempted throughout the development but were not completed because
there were no significant losses of presoaking water after 24 hours. The re-
port then recommended that evapotranspiration (ET) systems be used for indi-
vidual sewage disposal systems because it was their opinion that percolation
rates would far exceed any reasonable allowable rate for conventional septic
tank and leachfield systems (i.e. rate would be much greater than the maximum
allowable rate of 60 min./inch for conventional systems).
Since evapotranspiration systems are considerably more expensive to install
than conventional systems, the purpose of conducting additional percolation
tests was to determine if one or more areas within the proposed development
could be found which had percolation rates within the acceptable rate (5 min./
inch to 60 min./inch) for conventional systems. If one or more such areas
were located, the feasibility of providing common leachfields to serve several
lots would then be evaluated. If in turn this evaluation proved feasible, we
would then place common leachfield easements on the final plat or place the
appropriate language allowing for common leachfielas in the development's pro-
tective covenents.
PERCOLATION TESTS
Percolation tests were conducted at nine locations shown on Figure 1 on July
16, 1982. All holes were presoaked by H. P. Hansen on July 15, 1982. Hole
depths ranged from 26" to 36-1/2" and percolation rates from 8 min./inch to
120 min./inch. Six of the nine holes had rates within the acceptable range of
5 min./inch to 60 min./inch. Two of the nine holes had rates in excess of the
maximum allowable rate of 60 min./inch. The remaining hole was not perced
1512 GRAND AVENUE, SUITE 210
GLENWOOD SPRINGS, COLORADO 81601
(303) 945-6596
because it had caliche in the bottom which indicated that there was not an
adequate depth of suitable soil to allow the installation of a conventional
system.
The results of the percolation test for each hole are presented in Table 1.
' PROFILE HOLES
Percolation rates within acceptable limits are not in themselves sufficient to
determine whether an area is suitable for the installation of conventional
sewage disposal systems. In addition to having a percolation rate between
5 min./inch and 60 min./inch, the soil in that area must be of sufficient
depth so that it extends a minimum of four feet below the bottom of the leach -
field if conventional systems are to be installed.
To determine if suitable soil depths existed, profile holes were dug with a
backhoe at Perc Holes 1, 3, 5, 7 & 9 on July 20, 1982. An additional hole was
excavated and is shown as "Middle Hole" on Figure 1. From field observation
of these holes the following conclusions were drawn.
1. The soil in which the original percolation test was conducted was found to
be present for a depth greater than six feet in the profile holes exca-
vated at PH -3 and PH -7. Thus, it is my opinion that a conventional leach -
field consisting of shallow trenches could be installed at either of these
locations as long as soil types and depths are uniform in these locations.
2. The soils in which the original percolation test was conducted were found
to be present in depths of less than five feet in the profile holes exca-
vated at PH -1, 5, 9 and the Middle Hole. PH -1 had a caliche layer at 4'
which extended to a 6' depth and was underlain by what appeared to be a
' silty clay. PH -5 changed from a dark colored soil at a 5' depth to a
lighter colored deeper soil. PH -9 had what appeared to be a darker silty
clay to a depth of 5' which was underlain by a lighter soil. The Middle
Hole had a soil profile similar to PH -1. Thus, conventional systems could
only be installed at these locations if the deeper soils exhibited per-
colation rates within the acceptable range.
PERCOLATION OF DEEPER SOILS
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To determine if the deeper soils at PH -1, 5, 9 and the Middle Hole exhibited
acceptable rates, percolation tests were conducted in the bottom of the pro-
file hole excavations on July 23, 1982. All holes were presoaked by H. P. Han-
sen on July 22, 1982. Three of the four tested had rates within the accept-
able range. The test conducted at the Middle Hole resulted in a rate of
4 min./inch which is too fast to be acceptable. Specific results are shown at
the bottom of Table 1.
- 2
From the percolation rates obtained from the deeper soils, the following con-
clusions were drawn:
1. Percolation rates in the upper soils do not vary significantly from the
' rates found in the lower soils at PH -5 & 9. Thus, it is my opinion that
conventional leachfields, preferably consisting of shallow trenches, could
be installed at either of these locations as long as soil types and depths
' are uniform at these locations.
2. The presence of caliche at a depth of 4' through 6' at PH -1 and the Middle
Hole would not allow the use of conventional standard shallow trenches at
the locations. However, the deeper soils at PH -1 exhibited a percolation
rate of 8 min./inch which would allow the installation of deep trenches
below the caliche. Deep trenches would not be acceptable at the Middle
' Hole because percolation is too fast in the deeper soil. Precaution would
have to be utilized in Hawk Ridge to be assured that there was a minimum
of four feet of suitable soil beneath any deep trench. This is necessary
to be assured that wastewater receives adequate filtration before it en-
counters Basalt and is transmitted rapidly to the Basalt aquifer which
underlies the area.
' CONCLUSION
' From the described tests, it is my opinion that the majority of the proposed
lots in the Hawk Ridge Subdivision could install conventional individual
sewage disposal systems. There may be some lots which do not have suitable
' soils of adequate depth but common leachfield areas with proper easements on
adjoining lots could solve this problem.
Since this report is a major contradiction to the conclusions and recommenda-
1 tions presented in the Lincoln DeVore soils report, I recommend that you have
a qualified soils engineer experienced in the design and installation of indi-
vidual systems review both reports.
I feel my conclusions are appropriately drawn from my experience with .indi-
vidual systems but I do not have extensive education or experience in geotech-
nical or soil engineering.
This concludes my report. If you have any questions or require any additional
information please contact me.
1
' xc: Mr. Peter Craven
Mr. Lee Levenworth
Mr. Scott Fifer
(eng/hansen)
1
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Sincerely,
Rick Kinshella, P.E.
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SOI* r' 12&
-5-
Yib pole.soptWoOlOW '
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TABLE 1
PERCOLATION TEST RESULTS
HAWK RIDGE SUBDIVISION
HOLE
NO.
DEPTH TO WATER
HOLE LENGTH OF AT START
DEPTH INTERVAL OF INTERVAL
(In.) (Min.) (Inches)
DEPTH TO WATER
AT END DROP IN
OF INTERVAL WATER LEVEL
(Inches) (Inches)
AVERAGE
PERC.RATE
(Min./In.)
PH -1 31 30 23 26-3/4 3-3/4
30 23 26-3/4 3-3/4 8
PH -2 33 30 24 24-1/4 1/4
27 24-1/4 24-1/2 1/4 120
PH -3 36
30 29 32 3
30 23-1/2 28-1/4 4-3/4
3b 28-1/4 31-1/4 3
32 24-1/2 28 3-1/2 10
PH -4 36 30 27 28 1
Caliche in
Bottom
PH -5 34 36 26-3/4 28-1/4 1-1/2
30 23-3/4 25-1/2 1-3/4 20
PH -6 35 36 25 25-1/2 1/2
32 25-1/2 26 1/2 60
PH -7 26 34 19 19-3/4 3/4
30 19-3/4 20-3/4 1 40
PH -8 32 30 23-1/2 23-3/4 1/4
33 23-3/4 24 1/4 120
PH -9 36-1/2 30 23 26-1/8 3-1/8
31 26-1/8 28-1/2 2-5/8 10
PH -1 14" at
9' Depth
Middle 20" at
Hole 8' Depth
30
31
26
31
32
24
PH -5 13-1/2" 33
at 8' Depth 30
36
PH -9 9" at
9' Depth
30
30
33
7-3/8
6
4-5/8
13-1/2
9-3/8
10-1/2
6-3/8
7-3/4
5-1/8
4-1/2
5-3/8
5-1/2
11-7/8
10-5/8
8-3/4
20-3/4
17-7/8
16-3/4
7-3/4
8-3/8
6-5/8
8-1/2
7-7/8
8-5/8
4-1/2
4-5/8
4-1/8
6
8-1/4
8-1/2
6-1/4 14
1-3/8
5/8
1-1/2
4
2-1/2
3-1/4
24
48
24
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SECTION 6
LETTERS OF ACCEPTANCE FROM DITCH COMPANIES
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May 5. 1983
Needham Ditch Canpany
c/o Mr. Wayne Doyal
4294 103 Road
Carbondale. CO 81623
RE: HAWK RIDGE FINAL PLAT
Dear Mr. Dole,
PONDEROSA ENGINEERING
CONSULTING ENGINEERS
REGISTERED LAND SURVEYORS
We are in the process of preparing the final plat for the Hawk Ridge
Subdivision. Mr. Steve Callicotte has informed us that a small ditch
in the northern portion of the development is actually a lateral ditch
off of the Needham Ditch.
We are proposing a 10 -foot easement on this ditch. If this meets
with your approval, please sign below.
'Thank you for your consideration in this matter.
Sincerely,
PONDEROSA ENGINEERING
Rick Kinshella, P.E.
1512 GRAND AVENUE, SUITE 210
GLENWOOD SPRINGS, COLORADO 81601
..' i -
Date
l 1, %
6" <<
Easement Location and With
Approved.
Needham Ditch Canpany
(303) 945.6596
PONDEROSA ENGINEERING
CONSULTING ENGINEERS
REGISTERED LAND SURVEYORS
May 5. 1983
C&M Ditch Company
c/o Mr. Oscar Cerise
0281 105 Road
Carbondale, CO 81623
RE: HAWK RIDGE SUBDIVISION FINAL PLAT
Dear Mr. Cerise,
We are in the process of submitting the final plat for the Hawk Ridge
Subdivision. The C&M Ditch and two laterals off the C&M exist on the
development. We are proposing a 20 -foot easement on the main C&M
Ditch, a 20 -foot easement on the lateral leading to your property on
the south, and a 10' easement on the lateral to the west to Steve
Smylacks' property. The easement locations and width are shown on our
rough draft of the final plat, which is attached.
If the easement locations and widths meet with your approval, please
sign the approval space provided below.
Thank you for your consideration in this matter.
Sincerely,
PONDEROSA ENGINEERING
J.
Rick Kinshella, P.E.
Attachment
C, VA(.3 iirrie.e.5tr'N ,..1-----1--4----3-42--
Date Easement Location and Width
Accepted.
C&M Ditch Company
(2/hawkridge)
1512 GRAND AVENUE, SUITE 210
GLENWOOD SPRINGS, COLORADO 81601
(303) 945-6596
PONDEROSA ENGINEERING
CONSULTING ENGINEERS
REGISTERED LAND SURVEYORS
May 5. 1983
Park Ditch Company
Carbondale, Colorado
RE: HAWK RIDGE SUBDIVISION FINAL PLAT
Dear Sirs,
Last spring we sent you a copy of the Hawk Ridge Preliminary Plat to
review our proposed easements on the Park Ditch. At that time, Mr.
Steve Callicotte requested a 30 -foot ditch easement on the ditch where
it crosses the northwest corner of the subdivision and a 20 -foot
easement on the Park Ditch lateral that crosses the southwest corner.
It is our intent to provide both the easements at the requested widths
on the Hawk Ridge Final Plat. Enclosed is a rough draft of the plat
with the proposed easements. If easement locations and widths meet
with your approval, please sign the approval space provided below.
Thank you for your consideration in this matter.
Sincerely,
PONDEROSA ENGINEERING
Rick Kinshella, P.E.
i
1512 GRAND AVENUE, SUITE 210
GLENWOOD SPRINGS, COLORADO 81601
F ement Location & Widt
cepted.
Park Ditch Company
(303) 945.6596
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SECTION 7EVIDENCE OF LEGAL WAThR SUPPLY
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' LEAVENWORTH, PATRICK dr LOCHHEAD, P C.
ATTORNEYS Al' LAW
LOYAL E.LEAVENWORTH
KEVIN L. PATRICK011 GRAND AVENUE
JAMES S. LOCHHEAD May12 , 19 83 P. O. DRAWER 2030
GLENWOOD SPRINGS,COLORADO 81601
PETER A.MILWID TELEPHONE: (303) 945-2261
1 Mr. H. P. Hansen
278 Garfield
1 Carbondale, CO 81623
Re: Hawk Ridge Development
1 Dear H. P.:
I It is my understanding that you intend to submit your final
plat application for the Hawk Ridge development located in
Garfield County. The purpose of this letter is to bring you up
to date concerning the water cases we filed on your behalf to
I
provide a legal water supply for the development. As you know,
there are two Water Court applications that were filed on your
behalf. In Case No. 82CW96 (Water Division No. 5) the Water
I Court entered a decree on January 17, 1983 approving the plan
for augmentation for the Hawk Ridge development involved in that
case. This Plan for Augmentation permits diversions from the
I Hawk Ridge Well Nos. 1 and 2 and the Keller Well during the
period November through April to serve 17 single-family residen-
ces and 34 horses. Lawn irrigation is not involved during this
period of time and therefore, the plan does not contemplate any
I irrigation use during this period. A copy of the Decree is
attached for submittal to Garfield County.
I Case No. 82CW45 (Water Division No. 5) is the Plan for
Augmentation that will permit diversions from the wells during
the irrigation season (May through October). This case will
permit diversions during this period of time tor 17 single-
' family residences and 34 horses and lawn irrigation for 1,000
square feet per unit. This case was opposed by John Powers and
the State Engineer for the State of Colorado. On April 26,
II 1983, a Stipulation was entered into with Mr. Powers providing
for the withdrawal of this objectors opposition to the case. A
copy of this Stipulation is enclosed.
1 We have also met with Lee Enewold and Orlyn Bell at the
Colorado Division Engineer's Office and have obtained their con-
sent to a proposed ruling of the referee that we have prepared.
' A copy is enclosed The proposed ruling is presently being
reviewed by the attorney for the State Engineer who has indi-
cated that the concurrence of the Division Engineer's Office
1 should resolve all concerns of the State Engineer. Therefore, I
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LEAVENWORTH, PATRICK •OCHHEAD, R C.
Mr. H. P. Hansen
May 12, 1983
Page 2
•
anticipate entering into a stipulation with the State Engineer
sometime next week. With the removal of the opposition of both
objectors from the case, I anticipate obtaining a ruling of the
referee the week of May 23rd. Since it is unlikely that anyone
will protest (neither objector can protest pursuant to the
stipulations), the ruling will go to the Water Judge for his
review and approval. In short, we expect to obtain the final
decree in this case within four weeks.
With final decrees in Case Nos. 82CW45 and 82CW96, the Hawk
Ridge development will in our judgment have a legal water supply
for 17 units and associated lawn irrigation and livestock
watering. Although it is our understanding that some or all of
the lots may be suitable for septic tank-leachfield wastewater
disposal systems, both plans for augmentation permit the utili-
zation of evapotranspiration wastewater disposal systems.
Therefore, in our judgment you will have complied with the con-
ditions of approval for the Hawk Ridge development set forth in
the letters from the Colorado Division of Water Resources dated
March 10, 1982 and March 30, 1982.
If I can provide additional information or you have any
questions, please feel free to contact me.
Very truly yours,
LEAVENWORTH, PATRICK & LOCI i ` D, P.C.
LEL:ljd
Encs.
cc: T. Peter Craven, Esq.
Richard L. Kinshella
R. Scott Fifer
Leavenworth
t � '411
Recorded at y,4 ec _FI_ M. FEB iiyni
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Reception No. 33(3106 MILDRED ALSDORF, RECORDER
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
;J, C, LOAN)
(rift iEC131982
MARIE TALAR: AS, CLFFIK
an 620 paGE ` 9
Application No. 82CW96
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF ARTHUR W. )
ACKERMAN, CAROLYN ACKERMAN, )
GWENDOLYN HANSEN & PETER HANSEN ) AMENDED
IN THE ROARING FORK RIVER ) RULING OF REFEREE
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: )
CRYSTAL SPRINGS CREEK )
IN GARFIELD COUNTY )
The above entitled application was filed on April 30, 1982
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said
Court.on the 1st day of June, 1982, in accordance with Article
92 of Chapter 37, Colorado Revised Statutes 1973, known as The
Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations
as are necessary to determine whether or not the statements in
the application are true and having become fully advised with
respect to the subject matter of the application does hereby
make the following determination and ruling as the Referee in
this matter, to -wit:
1. The statements in the application are true.
2. The name and address of the claimants are Arthur W.
Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter
Hansen, c/o Leavenworth, Patrick & Lochhead, P.C., P.O. Drawer
2030, Glenwood Springs, Colorado 81602.
3. The underground water rights set forth below were decreed
in Case No. 80CW552 and are to be augmented pursuant to the
terms of this decree:
A. Hawkridge Well No. 1, located at a point 1,700 feet
West of the East Section Line.and 1,570 feet North of the South
Section Line in Section 13, Township 7 South, Range 88 West of
the 6th P.M., awarded 30 g.p.m. of time conditional for domestic,
irrigation, and fire protection purposes in Case No. 80CW552 on
July 2, 1981 (Water Division No. 5), with an appropriation date
of November 30, 1980.
B. Hawkridge Well No. 2, located at a point 2,450 feet
West of the East Section line and 2,00 feet North of the South
Section Line in Section 13, Township 7 South, Range 88 West of
the 6th P.M., awarded 30 g.p.m. of time conditional for domestic,
irr-igatinn, grid Lire protection purposes in CaEtu Nu. uoc%: - , tin
July 2, 1981 (Water Division No. 5), with an appropriation date
of November 30, 1980.
C. Keller Well, located in the Southeast Quarter of
the Southeast Quarter of Section 13, Township 7 South, Range 88
West of the 6th P.M., at a point whence the Southeast Corner of
said Section 13 hears South 86°, East 2,400 feet with an appro-
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82CW96
on July 23, 1973 (Water Division No. 5) for 0.033 c.f.s. absolute
and o.033 c.f.s. conditional.
4. Case No. 82CW96 includes an Application for Water Storage
Right for a structure named Hawkridge Pond No. 1. The center of
the abutment of the dam for said structure is located in Section
13, Township 7 South, Range 88 West of the 6th P.M. whence the
South Quarter Corner of said Section 13 bears South 87°25'15"
West a distance of 1,080 feet. The height of the proposed dam
is 6 feet and the length is 150 feet. Total capacity of the
reservoir is 5.0 acre-feet conditional, with an active capacity
of 4.5 acre-feet and dead storage of 0.5 acre-feet. The appro-
priation for said reservoir was initiated on April 20, 1982, by
field survey and formulation of intent to appropriate water and
apply to the beneficial uses provided for herein. The amount of
water claimed is 5.0 acre-feet with the right to fill and re -fill
in priority. The source of water for the reservoir is Cattle
Creek, through the C and M Ditch, tributary to the Roaring Fork
River, tributary to the Colorado River. The uses to which this water
will be put are: municipal, domestic, commercial, irrigation,
stock watering, fire protection, recreation, fish and wildlife
propagation, including storage and subsequent application to
the above beneficial uses.
5. The water rights set forth below are presently owned
by the applicant, and the water right described in sub -paragraph
A below is to be used for storage in the Hawkridge Pond No. 1,
or for the augmentation of otherwise out -of -priority diversions
from the above -referenced wells during the historic non -irrigation
season.
A. C and M Ditch, awarded 6.0 c.f.s. with an appro-
priation date of June 25, 1885, in District Court for Garfield
County, Colorado, in Civil Action No. 132, on May 11, 1889, for
irrigation purposes. Applicants' share of this water right is
1.0 c.f.s. The decreed point of diversion is a headgate located
on the South Bank of Cattle Creek approximately eight and one-
half miles above the mouth of said creek in Section•9, Township
7 South, Range 87 West of the 6th P.M.
B. C and F Enlargement of the C and M Ditch, awarded
8 c.f.s. with an appropriation date of September 2, 1902, in
District Court for Garfield County, Colorado, in Civil Action
No. 1075, on May 31, 1905, for irrigation purposes. Applicants'
share of this water right is 1.3 c.f.s. The decreed point of
diversion is a headgate located on the South bank of Cattle
Creek approximately eight and one-half miles above the mouth of
said Creek in Section 9, Township 7 South, Range 87•West of
the 6th P.M.
6. Applicants' share of the water rights as c1es;cribed in
Paragraph S, above have historically irrigated aoproxllaA ,:y
58 acres of hay. Applicants' engineers have calculated that
over the average historic irrigation season (May through October)
the Applicants' total diversions have averaged approximately
280 acre-feet of water. Of this amount, approximately 87 acre-
feet of water per year has been consumptively used by the Appli-
cant. Under this plan, Applicant proposes to remove permanently
5 acres from irrigation as shown on Exhibit A attached hereto
and incorporated herein by reference and as more fully described
in Paragraph 8, below.
7. Applicant proposes a residential development consisting
of 17 single-family residences with year-round occupancy of 3.5
persons per residence using a total of 315 yalloIl:-s per unit per
day, 1000 square feet of lawn and garden irrigation per unit,
and 34 horses within the development. The purpose of this Plan
for Augmentation is solely to provide augmentation of the develop-
ment's non -irrigation season water supply. Irrigation season
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tSflOK to :U inG1 31
82CW96
augmentation will be provided by separate decree. The following
depletions to the Roaring Fork River will result from diversions
• under this plan by the above -referenced wells:
A. In-house domestic uses for the development based
upon year-round occupancy, an average of 3.5 persons per resi-
dence utilizing 90 gallons per capita per day, and individual
evapotranspiration disposal systems resulting in 100 percent
consumptive use will require a total diversion of 6.0 acre-feet
of water per year of which the total 6.0 acre-feet will be con-
sumed. Of this amount, 3.0 acre-feet will be consumed during
the historic non -irrigation season (November -April).
B. No more than two horses shall be allowed per lot.
Based on 11 gallons per day for'each horse and assuming 100
per cent consumptive use, there will be a total annual diversion
and depletion of 0.42 acre-feet of water per year. Of this
amount, a total depletion of 0.21 acre-feet of water will occur
during the historic non -irrigation season (November -April).
Applicants' engineers have calculated that this proposed
development will require diversions from the wells referenced in
Paragraph 3(A), (B), and (C), above, during the historic non -
irrigation season (November -April) of 3.21 acre-feet. Of this
amount, the entire 3.21 acre-feet will be consumed during the
historic non -irrigation season (November -April).
8. Under the operation of this Plan for Augmentation,
approximately 5.0 acres of land will be removed from irrigation
due to roads, driveways, houses, and water impoundment structures.
This acreage represents 0.125 c.f.s. under the water right
referred to in paragraph 5A above. The land to be removed from
irrigation is generally shown on Exhibit A attached hereto and
incorporated herein by reference. Based on 1.5 acre feet of
consumptive use per acre, the drying -up of these 5.0 acres will
make available 7.5 acre feet (0.125 c.f.s.) of consumptive use
to be used for augmentation purposes during the historic non -
irrigation season (November -April). Applicants will store 4.5
acre feet of the 7.5 acre feet of available consumptive use in
the Hawkridge Pond No. 1 as applied for herein. The applicant
may divert 0.075 c.f.s. through the C and PS Ditch under the
water right referred to in paragraph 5A above, to fill the Hawk-
ridge Pond No. 1, and at such time as the pond is filled said
rate of flow shall continue to be diverted to the pond .and
released on a flow-through basis to the Crystal Spring drainage.
Depletions to the stream system resulting from out -of -priority
diversions through the wells referenced in Paragraph 3(A), (B),
and (C) will then be replaced as needed by releases of water
stored in Hawkridge Pond No. 1.
The depletions associated with the proposed development
during the historic non -irrigation season as outlined above
will be less than the total consumptive use credit provided
for in this plan as a result of the dry -up of five acres of
land historically irrigated with Applicants' share of the water
rights referenced in Paragraph 5(A) above. Specifically, of
the 7.5 acre-feet of consumptive use credit decreed under this
plan, 3.2 acre-feet of consumptive use water will be needed for
augmentation of the wells referenced in Paragraph 3(A) through
(C). In addition, 1.3 acre-feet will be needed to compensate
for pond evaporation. Thus, a total of 4.5 acre-feet of his-
toric consumptive use will be placed in storage in the Hawk-
ridge Pond No. 1. Therefore, the present 3.0 acre-feet (0.05
c.f.s.) balance of excess consumptive use may,,subject to Para-
graph 17 and to the extent lawfully permitted, be used, reused,
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82CW96
[StInK 6`2() £AGE 32
successively used, disposed of, leased, placed into storage or
conveyed by the Applicant for any beneficial use and for aug-
mentation and exchange until such credit has been totally ex-
tinguished.
9. Applicant will take out of agricultural production
five acres of land historically irrigated by the water rights
referenced in Paragraph 5(A) above, and will store in the Hawk-
ridge Pond No. 1 water which would have been consumed by such
agricultural production. At any time a valid downstream call
is placed upon the water rights referenced in Paragraphs 3(A),
(B), and (C), above, during the non -irrigation season (November -
April), Applicants will release and cause to be made available
to the stream system from the Hawkridge Pond No. 1 sufficient
water at such times and in such quantities as may be required
to replace out -of -priority depletions under those water rights.
10. The operation of this plan will not result in an
enlargement of the consumptive use associated with the water
rights referenced in Paragraph 5(A) and (B), above.
11. Applicant will install, operate, and maintain any and
all such adequate measuring devices at historic headgates, at
new points of diversion, and at points of storage release as
may be required by the Division Engineer to facilitate the
administration of this plan and to assure compliance herewith.
•
12. If the plan for augmentation is operated and adminis-
tered in accordance with this decree, water will be available
for diversions through the Applicants' wells, described in Para-
graph 3, above, without changing the regimen of the Roaring Fork
River so as to cause no material injury to other owners or users
of vested water rights or decreed conditional water rights.
13. The proposed plan for augmentation meets the statutory
criteria for a plan of augmentation set forth in C.R.S. 1973,
Section 37-92-103(9), is one contemplated by law and, if operated
in accordance with the terms and conditions of this Ruling, will
not injuriously affect the owner of or persons entitled to use
water under a vested water right or a decreed conditional water
right.
14. As a matter of law, if a senior water right makes a
valid call on the Applicants' water rights associated with
Hawkridge Well Nos. 1 and 2, or the Keller Well, at a time
during the historic non -irrigation season (November through
April), the depletions to the stream system resulting from
out -of -priority diversions through said wells will be replaced
by releases of water stored in the Hawkridge Pond No. 1 at
the direction of the Division Engineer.
15. Applicants shall remove from .irrigation five acres as
shown on Exhibit A and shall -no longer irrigate five acres
with Applicants' share of the water rights referenced in Para-
graphs 5(A) and (B), above. This portion of said water right
shall then be associated with the 7.5 acre-feet of consumptive
use credit under this plan and shall be allocated as described
in Paragraph 8, above. The Applicants shall divert 0.075 c.f.s.
under the water right referred to in paragraph 5A above, into
the Hawkridge Pond No. 1, as provided in paragraph 8 above,
and shall forego the diversion of 0.05 c.f.s. of said right
until and subject to a new decree being entered pursuant to
paragraph 17 below.
16. The Application for Water Storage Rights in Case No.
82CW96 is approved, and 5.0 acre-feet conditional is awarded to
said Hawkridge Pond No. 1 for municipal, domestic, commercial,
irrigation, stock watering, fire protection, recreation,
aesthetic, and fish and wildlife propagation, with an appro-
priation date of April 20, 1982, at the location and from the
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82CW96
[ OfK 620 PAGE 33
source listed above; provided always that said 5.0 acre-feet
is on the condition that said quantity of water be stored and
applied to a beneficial use within a reasonable time; subject,
however, to all earlier priority dates of others and to the
integration and tabulation by the Division Engineer of such
priorities in accordance with law.
Application for quadrennial finding of reasonable diligence
shall be filed in November of 1986 and in November of every
fourth calendar year thereafter so long as the claimant desires
to maintain this conditional water right or until a determination
has been made that this conditional water right has become an
absolute water right by reasons of the completion of the appro-
priation.
17. The 3.0 acre-feet excess consumptive use credit may,
subject to the limitations of this paragraph and to the •extent
lawfully permitted, be used, reused, successively used, disposed
of, leased, placed into storage, or conveyed by the Applicant
for any beneficial use and for augmentation and exchange until
such credit has been totally extinguished, provided that such
excess consumptive use credit shall not be used or stored directly
or indirectly at different locations or for different purposes
than provided in this decree except after proper application
to the Water Court and entry of a separate decree providing
jor such different locations and use.
18. The Ruling of Referee dated November 29, 1982 is hereby
cancelled.
It is accordingly ORDERED that this ruling shall be filed
with the Water Clerk and shall become effective upon such filing,
subject to Judicial review pursuant to Section 37-92-304 C.R.S.
1973.
It is further ORDERED that a copy of this ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
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Done at the City of Glenwood Springs, Colorado, this
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Clerk -Division No. 5
Colorado.t.....4a.a.a.,f_L,d in this matter, and accordingly the
foregoing ruling is confirmed and approved, and is made the
Judgement and Decree of this court; provided however, that the
approval of this Plan for Augmentation shall be subject to
reconsideration by the Water Judge on the question of injury to
thev sted rights of others during any hearing commencing in
thee..:, calendar years succeeding the year in which this
decision is rendered.
BY THE REFEREE:
/
Wa Referee
W.. --r Division No. 5
State of Colorado
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Engineer----incl
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DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO
Case No. 82CW45
STIPULATION AND AGREEMENT
' CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
ARTHUR W. ACKERMAN, CAROLYN ACKERMAN, GWENDOLYN HANSEN, AND HANS
PETER HANSEN
' COME NOW, the Applicants by and through their attorneys,
Leavenworth, Patrick & Lochhead, P.C., and the Objector, John G.
Powers, by and through his attorneys, Hartert, Mincer, Wilson &
Everstine, and hereby stipulate and agree as follows:
1. On , 1983, the parties hereto entered into an
Agreement resolving the disputed matters between the parties
' in this case, which Agreement is attached hereto and incor-
porated herein by this reference.
' 2. In consideration of the Agreement attached hereto as
Exhibit A, Objector Powers hereby agrees that his Statement
of Opposition shall be deemed withdrawn upon the entry of a
final Referee's Ruling and decree which incorporates the
following provision:
I/
Dated this o? /I.' day
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BY
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A. This Ruling and Decree are hereby expressly subject to
that certain Agreement recorded in Book at Page
, as Reception No. , of the Garfield
County records.
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Ar,•1
ofel-r, 1983.
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
Attorneys for Applicants
J.
E. Lea
Grand A
P. O. Drawer 2030
Glenwood Springs, CO 81602
Phone (303) 945-2261
Attorney Registration No. 6696
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IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
1 STATE OF COLORADO
By
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0=ao n1r, RO'wac
HARTERT, MINCER, WILSON & EVERSTINE
Attorneys for Objector
Ronald M. Wilson
P. O. Box 850
Glenwood Springs, CO 81602
Phone (303) 945-5448
Attorney Registration No. 612?
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Application are true and having become fully advised with
' respect to the subject matter of the Application does hereby
make the following determination and Ruling of the Referee in
this matter, to -wit:
1 1. The name and address of the claimants are Arthur W.
Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter
Hansen, c/o Leavenworth, Patrick & Lochhead, P.C., P. O. Drawer
1 2030, Glenwood Springs, Colorado 81602.
2. Timely and adequate notice of the filing of this
1 Application was given as required by law.
3. Timely Statements of Opposition in this case were filed
by the State Engineer of the State of Colorado and John G.
Powers.
4. On , 1983, a Stipulation was entered into
1 between the Applicant and the State Engineer of the State of
Colorado providing that upon the inclusion of the terms of the
Stipulation in the decree in this case, the Statement of
' Opposition of said Objector shall be deemed to be withdrawn.
Ori 1983, a Stipulation and Agreement
was entered into between the Applicants and the Objector,
tJohn G. Powers, whereby Objector Powers agreed that his
Statement of Opposition shall be deemed withdrawn upon the entry
of a final Referee's Ruling and decree which incorporates the
following provision:
This Ruling and Decree are hereby expressly subject to that
certain Agreement recorded in Book at Page , as
Reception No. , of the Garfield County records.
5. The Plan for Augmentation as originally approved in Case
' No. 80CW552 was based on the following assumptions:
A. A total of 20 single-family units, each with an
' average of 3.5 persons per unit utilizing 100 gallons per
capita per day and individual septic tank and leachfield
disposal systems with 15 percent consumptive use.
B. No more than 2,000 square -feet of irrigated lawn
and garden for each unit with two (2) acre-feet per acre
' consumptive use.
C. No more than one horse for each unit consuming 11
gallons per day per horse.
111 The modification to the Plan for Augmentation decreed in
Case No. 80CW552 as applied for herein is based on a modified
' residential development as follows:
A. A total of seventeen (17) single-family residences
utilizing 315 gallons.per unit per day.
B. No more than 1,000 square -feet of lawn and garden
irrigation per unit.
C. No more than thirty-four (34) horses within the
development.
This modified residential development plan is more fully
described in Paragraph 8, supra.
6. The underground water rights set forth below as decreed
in Case No. 80CW552 and in Case No. W-1430 are to be augmented
pursuant to the terms of this decree:
A. Hawkridge Well No. 1, located at a point 1700 feet
West of the East Section Line and 1570 feet North of the
1 South Section Line in Section 13, Township 7 South, Range 88
West of the 6th P.M., awarded 30 g.p.m. (0.066 c.f.s.) con-
ditional for domestic irrigation and fire protection pur-
I poses in Case No. 80CW552 on July 2, 1981 (Water Division
No. 5), with an appropriation date of November 30, 1980.
I B. Hawkridge Well No. 2, located at a point 2,450 feet
West of the East Section Line and 2,300 feet North of the
South Section Line in Section 13, Township Seven (7) South,
Range 88 West of the 6th P.M., awarded 30 g.p.m. (0.066
' c.f.s.) conditional for domestic, irrigation, and fire pro-
tection purposes in Case No. 80CW552, on July 2, 1981
(Water Division No. 5), with an appropriation date of
1 November 30, 1980. a
C. Keller Well, located• in the Southeast Quarter of
I the Southeast Quarter of Section 13, Township Seven South
Range 88 West of the 6th P.M., at a point whence the
Southeast Corner of said Section 13 bears South 86° East
2,400 feet with an appropriation date of February 1, 1951,
I and as decreed in Case No. W-1430 on July 23, 1973 (Water
Division No. 5) for 0.033 c.f.s. (15 gpm) absolute and
0.033 c.f.s. (15 gpm) conditional.
I7. The water rights set forth below are perpetually
licensed to the Applicant and are to be used for the augmen-
tation of otherwise out-of-priority diversions from the ' above-
referenced wells.
A. The Applicants are the perpetual licensees of 3.99
I acre-feet of augmentation water which was decreed by the
District Court, Water Division No. 5, State of Colorado in
Case No. 79CW97 on October 15, 1980. That decree found an
I annual average historic consumptive use of 48.0 acre-feet of
water per year associated with the irrigation of 32 acres of
land under five (5) shares of the Park Ditch Company. The
I engineers for the Applicants in this case have determined
that said five (5) shares represent 0.87 c.f.s. of the
decreed direct flow water rights of the Park Ditch Company
and that the 48 acre-feet of historic consumptive use
I recognized in the Decree in Case No. 79CW97 represent 0.164
c.f.s. of consumptive use during the months of May, June,
and July pursuant to the direct flow decrees of the Park
I Ditch and 0.1 c.f.s. of consumptive use during the months of
August, September, and October pursuant to the storage
decreed for the Consolidated Reservoir owned by the Park
Ditch Company. Only 5.51 acre-feet are to be used for
Iaugmentation pursuant to said decree. The Applicants have
available, pursuant to their license agreement, 3.99 acre-
feet of historic consumptive use credit as decreed in the
1 above-referenced case to allow for the continued diversions
by the wells during the historic irrigation season.
I 8. The Applicants propose a residential development based
on the following criteria and resulting in the following deple-
tions to the Roaring Fork River:
IA. A total of seventeen (17) single -family units, each
with an average of 3.5 persons per unit utilizing 90 gallons
per day per capita for a total of 315 gallons per day per
I unit. Each unit will employ individual evapotransporation
disposal systems resulting in 100 percent consumptive use.
Thus, in-house residential demand will require a total
I diversion of 6.0 acre-feet per year, of which the total 6.0
acre-feet will be consumed. Of this total amount, 3.0 acre-
feet will be diverted and consumed during the historic irri-
Igation season (May through October).
B. No more than a total of thirty-four (34) horses
will be allowed in the development. Assuming 11 gallons per
day for each horse and assuming 100 percent consumption,
there will be a total annual diversion and depletion of
1 0.420 acre-foot of water per year. Of this amount, a total
diversion and depletion of 0.21 acre-foot of water will
occur during the historic irrigation season (May through
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October).
C. The Applicants shall adopt restrictive covenants
' and deed restrictions which will limit the use of water from
the above -referenced wells for outside lawn and garden irri-
gation to no more than 1,000 square feet of lawn and garden
for each residence. Therefore, a total of not more than
1 0.39 acres of lawn and garden area will be irrigated by said
wells. The total annual diversion will be 1.17 acre-feet of
water per year, resulting in a total annual depletion of
0.78 acre-feet of water (based upon a consumptive use of 2.0
acre-feet per acre), all occurring during the historic irri-
gation season (May through October).
1 Thus, based on the above criteria, total diversions from the
wells during the historic irrigation season (May through
October) will not exceed 4.38 acre-feet per year. Total con -
1 sumptive use during this period will not exceed 3.99 acre-feet
per year.
9. The operational schedule of this Plan for Augmentation
shall be in accordance with the decree for the augmentation
water set forth in Case No. 79CW97, as follows:
A. Water required for augmentation purposes hereunder
will be diverted through the Park Ditch in accordance with
the provisions herein.
B. During the months November through April, inclu-
sive, the Applicants will divert sufficient quantities of
water under the well's own water rights. Winter augmen-
tation, if necessary, will be as provided for in the decree
in Case No. 82CW96 (Water Division No. 5, State of
' Colorado), entered on January 17, 1983.
C. During the months of the historic irrigation season
(May throuyh October, inclusive), Applicants shall cause to
be released through the Park Ditch 3.99 acre-feet of water,
2.45 acre-feet (0.014 c.f.s.) during the months of May,
June, and July by virtue of Applicants' interest in the
' water rights decreed to the Park Ditch, and 1.54 acre-feet
(0.01 c.f.s.) during the months of August, September, and
October by virtue of Applicants' interest in the water right
' decreed to the Consolidated Reservoir, through the augmen-
tation station constructed and operated pursuant to the
decree in Case No. 79CW97. Said releases shall be made at
such times and in such amounts as directed by the Division
1 Engineer.
D. By releasing water for augmentation in accordance
with the decree in Case No. 79CW97, the Applicant will
replace to the stream 100 percent of the otherwise out -of -
priority depletions during the historic irrigation season
(May through October). caused by the operation of the wells
referenced in Paragraph 6, supra. As a result, the
undergroupd water to be diverted by the wells will be
available to Applicants without causing injury to any owner
' of or person entitled to use vested or conditionally decreed
water rights, and the wells may be operated without cur-
tailment for the benefit of more senior appropriators so long
as they are operated in accordance with this decree.
10. The operation of this plan will not result in an
' enlargement of the consumptive use associated with the water
rights referenced in Paragraph 7(A), supra.
' 11. Applicant will install, operate, and maintain any and
all such adequate measuring devices at historic headgates, at
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new points of diversion, and at points of storage release as may
1 be required by the Division Engineer to facilitate the adminis-
tration of this plan and to assure compliance herewith.
12. If the plan for augmentation is operated and admi-
nistered in accordance witn this decree, water will be available
for diversion during the historic irrigation season through the
Applicants' wells, described in Paragraph 6, supra, without
1 changing the regimen of the Cattle Creek or Roaring For River so
as to cause material injury to other owners or users of vested
water rights or decreed conditional water rights.
1 13. The proposed plan for augmentation meets the statutory
criteria for a plan of augmentation set forth in C.R.S. 1973,
Section 37-92-103(9), is one contemplated by law and, if
' operated in accordance with the terms and conditions of this
Ruling, will not injuriously affect the owner of or persons
entitled to use water under a vested water right or a decreed
1 conditional water right.
14. As a matter of law, if a senior water right located on
the Roaring Fork River makes a valid call on the Applicants'
1 water rights associated with the Hawkridge Well Nos. 1 and 2,
and the Keller Well, during the historic irrigation season (May
through October), the Applicants will have released to the
1 stream system through the Park Ditch Applicants' share of the
augmentation water decreed in Case No. 79CW96. This consumptive
use credit will then allow for continued diversion under the
' water rights associated with said wells at such times when such
diversions could riot otherwise be made because of the demand of
other, more senior, water rights.
It is according Ordered that this Ruling shall be filed
1 with the Water Clerk and shall become upon such filing subject
to judicial review pursuant to C.R.S. 1973, Section 37-92-304.
It is further Ordered that a copy of this Ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
1
It is further Ordered that the plan for augmentation
approved herein shall supersede the plan for augmentation here-
tofore approved in Case No. 80CW552, that all out -of -priority
1 diversions during the historic irrigation season from the wells
set forth above in Paragraph 6 shall be pursuant and subject to
the terms and conditions of the plan for augmentation approved
1 herein and not the terms and conditions of the plan for augmen-
tation approved in Case No. 80CW552, that the portion of the
Decree in Case No. 80CW552 relating to the plan for augmentation
approved therein shall be void and of no further force or
effect, that the portions of the decree in Case No. 80CW552
awarding conditional water rights to the Hawk Ridge Wells Nos. 1
1 and 2 are affirmed and in no way modified or affected by this
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Ruling, and that this Ruling and Decree are hereby expressly
subject to that certain Agreement recorded in Book at Page
, as Reception No. , of the Garfield County records.
DONE this
day of , 1983, by the
Water Referee, Water Division No. 5, State of Colorado.
BY THE COURT:
Water Referee
Water Division No. 5
No protest was filed iri this matter, and accordingly the
foregoing Ruling is confirmed and approved, and is made the
Judgment and Decree of this Court; provided however, that the
approval of this Plan for Augmentation shall be subject to
reconsideration by the Water Judge on the question of injury to
the vested rights of others during any hearing commencing in the
calendar years succeeding the year in which this decision
is rendered.
Dated: , 1983.
Water Judge
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SECTION 8
CERTIFICATE OF TAXES DUE
THE C. t. HOECE.1L LD., DENVER 345491
STATE OF COLORADO,
County of Garfield j ss.
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Certificate of Taxes Due
I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid
taxes, or unredeemed tax sales, as appears of record in this office, on the following described property, to -wit!
Schedule #111350 --Perm. #2393 -134 -00 -061 --Code #011 --Ackerman, Arthur W. Jr.,
Hansen, Gwendolyn & Carolyn 3/4 Int.
& Hans, Peter 1/4 Int.
Twp 7S, Range 88 West of the 6th P.M.
Sec 13
Lots 7(16.0 Ac), 11(80.0 Ac.), 14 (9.37 Ac.) lying S.
of Co. Rd. 103
105.370 Ac.
587/587
1982 TAX - $221.06 - PAID IN FULL MAY 13, 1983
In Witness Whereof, I have hereunto set my hand and seal, this.
MAY , A. D. 1983
13th
.day of
Treasure of Garfield County, Colo.
By / Deputy
LOYAL E. LEAVENWORTH
KEVIN L. PATRICK
JAMES S. LOCHHEAD
PETER A. MILWID
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LEAVENWORTH, PATRICK & LOCHHEAD, P. C.
ATTORNEYS AT LAW
August 4, 1983
Steven Zwick, Esq.
Assistant Garfield County Attorney
P. 0. Box 640
Glenwood Springs, CO 81602
Mr. Mark Bean
Garfield County Planning Division
Department of Development
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Hawkridge Subdivision
Gentlemen:
1011 GRAND AVENUE
P. 0. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (303) 945-2261
Enclosed for your files is a copy of the final Decree in
Case No. 82CW45. This Decree, together with the Decree hereto-
fore entered (and previously provided to you) in Case No.
82CW96, provide a year-round legal water supply for the
Hawkridge development. I presume that with the entry of this
Decree, we have satisfied all of the requirements of Garfield
County for Final Plat approval for the development. If my
assumption is incorrect, please contact me immediately.
LEL:1jd
Enc.
cc: T. Peter Craven, Esq.
Richard L. Kinshella
H. P. Hansen
Very truly yours,
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
Leavenworth
• •
IN THE DISTRICT COURT IN ANL) FOR
WATER D1VIsION NO. 5
FILED 11'! DISTRICT COURT
WATER DIVISION' 5, COLO ACO
STA'L'E OF C:OLURADO
Case No. B2CW45
IN THE MATTER OF THE APPLICATION
.FOR WATER RIGHTS Or' ARTHUR W.
ACKERMAN, CAROLYN ACKERMAN,
GWENDOLYN HANSEN, AND HANS PETER
HANSEN
IN THE ROARING FORK RIVER OR ITS
TRIBUTARIES
IN GARFIELD COUNTY
JUN 2 u 1983
MA?IE TALAMAS, CLERK
RULING OF THE REFEREE
Tne above entitled Application for Change of Water Right,
and for Modification of Previously Approved Plan for
Augmentation was filed on February 2, 1982. Said Plan for
Augmentation to be modified was decreed in Case No. 80CW552,
District Court, Water Division No. 5, State of Colorado on July
2, 1981. The present case was referred to the undersigned as
Water Referee for Water Division No. 5, State of Colorado, by
the Water Judge of said Court on the lUth day of March, 1982, in
accordance with Article 92 of Chapter 37, Colorado Revised
Statutes 1973, known as the Water Rights Determination and
Administration Act of 1969. It appearing to the Referee from
the files and records of said Application that Statements of
Opposition had been filed in the case, the Referee determined in
his discretion not to make a Ruling as provided by C.R.S. 1973,
Section 37-92-303(1), and therefore, On May 28, 1982, ordered
that, in accordance with C.R.S. 1973, Section 37-92-303(2), the
case be re-referred to the Water Judge of Water Division No. 5,
State of Colorado. Subsequently, on June 13, 1983, the case was
again referred to the Water Referee.
The undersigned Referee Having made such investigations as
are necessary to determine whether or riot. the statements in the
CASE NO. 82CW45
Application are
• •
true and having became fully advised with
respect to the subject matter of the Application does hereby
make the following determination and Ruling of the Referee in
this matter, to -wit:
1. The name and address of the claimants are Arthur W.
Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter
Hansen, c/o Leavenworth, Patrick & Lochhead, P.C., P. 0. Drawer
2030, Glenwood Springs, Colorado 81602.
2. Timely and adequate notice of the filing of this
Application was given as required by law.
3. Timely Statements of Opposition in this case were filed
by the State Engineer of the State of Colorado and John G.
Powers.
4. On June 7, 1983, a Stipulation was entered into
between the Applicant and the State Engineer of the State of
Colorado providing that 'upon the inclusion of the terms of the
Stipulation in the decree in this case, the Statement of
Opposition of said Objector shall be deemed to be withdrawn.
On April 26, 1983, a Stipulation and Agreement was entered
into between the Applicants and the Objector, John G. Powers,
whereby Objector Powers agreed that his Statement of Opposition
shall be deemed withdrawn upon the entry of a final Referee's
Ruling and decree which incorporates the following provision:
This Ruling and Decree are hereby expressly subject to that
certain Agreement recorded in Book (c 2d7 at Page 8L 5 , as
Reception No. 3H:3 , of the Garfield County records.
5. The Plan for Augmentation as originally approved in Case
No. 80CW552 was based on the following assumptions:
A. A total of 20 single-family units, each with an
average of 3.5 persons per unit utilizing 100 gallons per
capita per day and individual septic tank and leachfield
disposal systems with 15 percent consumptive use.
B. No more than 2,000 square -feet of irrigated lawn
and garden for each unit with two (2) acre-feet per acre
consumptive use.
C. No more than one horse for each unit consuming 11
gallons per day per horse.
The modification to the Plan for Augmentation decreed in
Case No. 80CW552 as applied for herein is based on a.modified
residential development as follows:
A. A total of seventeen (17) single-family residences
utilizing 315 gallons per unit per day.
B. No more than 1,000 square -feet of lawn and garden
irrigation per unit.
C. No more than thirty-four (34) horses within the
development.
This modified residential development plan is more fully
described in Paragraph 8, below.
6. The underground water rights set forth below as decreed
in Case No. 80CW552 and in Case No. W-1430 are to be augmented
pursuant to the terms of this decree:
-2-
• JO
CASE NO. 82CW45
A. Hawkridge Well No. 1, located at a point 1700 feet
West of the East Section Line and 1570 feet North of the
South Section Line in Section 13, Township 7 South, Range 88
West of the 6th P.M., awarded 30 g.p.,m. (0.066 c.f.s.) con-
ditional for domestic irrigation and fire protection pur-
poses in Case No. 80CW552 on July 2, 1981 (Water Division
No. 5), with an appropriation date of November 30, 1980.
B. Hawkridge Well No. 2, located at a point 2,450 feet
West of the East Section Line and 2,300 feet North of the
South Section Line in Section 13, Township Seven (7) South,
Range 88 West of the 6th P.M., awarded 30•.y.p.m. (0.066
c.f.s.) conditional for domestic, irrigation, and fire pro-
tection purposes in Case No. 8OCW552, on July 2, 1981
(Water Division No. 5), with an appropriation date of
November 30, 1980.
C. Keller Well, located in the Southeast Quarter of
the Southeast Quarter of Section 13, Township Seven South
Range 88 West of the 6th P.M., at a point whence the
Southeast Corner of said Section 13 bears South 86° East
2,400 feet with an appropriation date of February 1, 1951,
and as decreed in Case No. W-1430 on July 23, 1973 (Water
Division No. 5) for 0.033 c.f.s. (15 gpm) absolute and
0.033 c.f.s. (15 gpim) conditional.
7. The water rights set forth below are perpetually
licensed to the Applicant and are to be used for the augmen-
tation of otherwise out -of -priority diversions from the above -
referenced wells.
A. The Applicants are the perpetual licensees of 3.99
acre-feet of augmentation water which was decreed by the
District Court, Water Division No. 5, State of Colorado in
Case No. 79CW97 on October 15, 1980. That decree found an
annual average historic consumptive use of 48.0 acre-feet of
water per year associated with the irrigation of 32 acres of
land under five (5) shares of the Park Ditch Company. The
engineers for the Applicants in this case have determined
that said five (5) snares represent 0.87 c.f.s. of the
decreed direct flow water rights of the Park Ditch Company
and that the 48 acre-feet of historic consumptive use
recognized in the Decree in Case No. 79CW97 represent 0.164
c.f.s. of consumptive use duriny the months of May, June,
and July pursuant to the direct flow decrees of the Park
Ditch and 0.1 c.f.s. of consumptive use during the months of
August, September, and October pursuant to the storage
decreed for the Consolidated Reservoir owned by the Park
Ditch Company. Only 5.51 acre-feet are to be used for
augmentation pursuant to said decree. The Applicants have
available, pursuant to their license agreement, 3.99 acre-
feet of historic consumptive use credit as decreed in the
above -referenced case to allow for the continued diversions
by the wells during the historic irrigation season.
8. The Applicants propose a residential development based
on the following criteria and resulting in the following deple-
tions to the Roaring Fork River:
A. A total of seventeen (17) single-family units, each
with an average of 3.5 persons per unit utilizing 90 gallons
per day per capita for a total of 315 gallons per day per
unit. Each unit will employ individual evapotransporation
disposal systems resulting in 100 percent consumptive use.
Thus, in-house residential demand will require a total
diversion of 6.0 acre-feet per year, of which the total 6.0
acre-feet will be consumed. Of this total amount, 3.0 acre-
feet will be diverted and consumed during the historic irri-
gation season (May through October).
• •
CASE NO. 82CW45
B. No more than a total of thirty-four (34) horses
will be allowed in the development. Assuming 11 gallons per
day for each horse and assuming 100 percent consumption,
there will be a total annual diversion and depletion of
0.420 acre-foot of water per year. Of this amount, a total
diversion and depletion of 0.21 acre-foot of water will
occur during the historic irrigation season (May through
October).
C. The Applicants shall adopt restrictive covenants
and deed restrictions which will limit the use of water from
the above -referenced wells for outside lawn and garden irri-
gation to no more than 1,000 square feet of lawn and garden
for each residence. Therefore, a total of not more than
0.39 acres of lawn and garden area will be irrigated by said
wells. The total annual diversion will be 1.17 acre-feet of
water per year, resulting in a total annual depletion of
0.78 acre-feet of water (based upon a consumptive use of 2.0
acre-feet per acre), all occurring during the historic irri-
gation season (May through October).
Thus, based on the above criteria, total diversions from the
wells during the historic irrigation season (May through
October) will not exceed 4.38 acre-feet per year. Total con-
sumptive use during this period will not exceed 3.99 acre-feet
per year.
9. The operational schedule of this Plan for Augmentation
shall be in accordance with the decree for the augmentation
water set forth in Case No. 79CW97, as follows:
A. Water required for augmentation purposes hereunder
will be diverted through the Park Ditch in accordance with
the provisions herein.
B. During the months November through April, inclu-
sive, the Applicants will divert sufficient quantities of
water under the well's own water rights. Winter augmen-
tation, if necessary, will be as provided for in the decree
in Case No. 82CW96 (Water Division No. 5, State of
Colorado), entered on January 17, 1983.
C. During the months of the historic irrigation season
(May through October, inclusive), Applicants shall cause to
be released through the Park Ditch 3.99 acre-feet of water,
2.45 acre-feet (0.014 c.f.s.) during the months of May,
June, and July by virtue of Applicants' interest in the
water rights decreed to the Park Ditch, and 1.54 acre-feet
(0.01 c.f.s.) during the months of August, September, and
October by virtue of Applicants' interest in the water right
decreed to the Consolidated Reservoir, through the augmen-
tation station constructed and operated pursuant to the
decree in Case No. 79CW97. Said releases shall be made at
such tines and in such amounts as directed by the.Division
Engineer.
D. By releasing water for augmentation in accordance
with the decree in Case No. 79CW97, the Applicant will
replace to the stream 100 percent of the otherwise out -of -
priority depletions during the historic irrigation season
(May throuyh October) caused by the operation of the wells
referenced in Paragraph 6, above. As a result, the
underground water to be diverted by the wells will be
available to Applicants without causing injury to any owner
of or person entitled to use vested or conditionally decreed
water rights, and the wells may be operated without cur-
tailment for the benefit of more senior appropriators so long
as they are operated in accordance with this decree.
• •
CASE NO. 82CW45
10. The operation of this plan will not result in an
enlargement of the consumptive use associated with the water
rights referenced in Paragraph 7(A), above.
11. Applicant will install, operate, and maintain any and
all such adequate measuring devices at historic headgates, at
new points of diversion, and at points of storage release as may
be required by the Division Engineer to facilitate the adminis-
tration of this plan and to assure compliance herewith.
12. If the plan for augmentation is operated and admi-
nistered in accordance with this decree, water will be available
for diversion during the historic irrigation season through the
Applicants' wells, described in Paragraph 6, above, without
ghanging the regimen of the Cattle Creek or Roaring For River so
as to cause material injury to other owners or users of vested
water rights or decreed conditional water rights.
13. The proposed plan for augmentation meets the statutory
criteria for a plan of augmentation set forth in C.R.S. 1973,
Section 37-92-103(9), is one contemplated by law and, if
operated in accordance with the terns and conditions of this
Ruling, will not injuriously affect the owner of or persons
entitled to use water under a vested water right or a decreed
conditional water right.
14. As a matter of law, if a senior water right located on
the Roaring Fork River makes a valid call on the Applicants'
water rights associated with the Hawkridge Well Nos. 1 and 2,
and the Keller Well, during the historic irrigation season (May
through October), the Applicants will have released to the
stream system through the Park Ditch Applicants' share of the
augmentation water decreed in Case No. 79CW96. This consumptive
use credit will then allow for continued diversion under the
water rights associated with said wells at such times when such
diversions could not otherwise be made because of the demand of
other, more senior, water rights.
It is according Ordered that this Ruling shall be filed
with the Water Clerk and shall become upon such filing subject
to judicial review pursuant to C.R.S. 1973, Section 37-92-304.
It is further Ordered that a copy of this Ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
It is further Ordered that the • plan for augmentation
approved herein shall supersede the plan for augmentation here-
tofore approved in Case No. 80CW552, that all out -of -priority
diversions during the historic irrigation season from the wells
set forth above in Paragraph 6 shall be pursuant and subject to
the terms and conditions of the plan for augmentation approved
herein and not the terms and conditions of the plan for augmen-
tation approved in Case No. 80CW552, that the portion of the
• •
CASE NO. 82CW45
Decree in Case No. 80CW552 relating to the plan for augmentation
approved therein shalL be void and of no further force or
effect, that the portions of the decree in Case No. 80CW552
awarding conditional water rights to the Hawk Ridge Wells Nos. 1
and 2 are affirmed and in no way modified or affected by this
Ruling, and that this Ruling and Decree are hereby expressly
subject to that certain Agreement recorded in BookJ'Qc7 at Page
FLL-> , as Reception No . 3H3 HCoq , of the Garfield County records.
DONE this
day of June, 1983, by the
Water Referee, Water Division No. 5, State of Colorado.
BY THE COURT:
Wat r Referee
Wa_er Division No. 5
No protest was filed in this matter, and accordingly the
foregoing Ruling is confirmed and approved, and is made the
Judgment and Decree of this Court; provided however, that the
approval of this Plan for Augmentation shall be subject to
reconsideration by the Water Judge on the question of injury to
the vested rights of others during any hearing commencing in the
7 -Wo calendar years succeeding the year in which this decision
is rendered.
Dated:
ater
rl-wi ; _'i vo i'.!I
ter
Fr;gineer–=--and
Lr p,ineer— –Dnte (0-."-;`-/
1":z ter Div. No. 5
•
Roaring Fork School District RE -1
Box 820
Glenwood Springs, Colorado 81602
Telephone (303) 945-6558
Gaq ietd County Comm-iz& Lonvt
Gatge.ed County Cow'zthouse
G!evLwood Spniuo, CO 81601
Genteemeu :
NICHOLAS R. MASSARO, Superintendent
DWIGHT L HELM, Assistant Superintendent
ROBERT D. LAFFOON, Assistant Superintendent Business
Joey 12, 1983
This - to tr it y that we have reached an agneemen-t with Mn. H. P. Haves en,
0wu.en o4 the Hawfz Ridge Subd.iv,L&ion, .eocated on County Road 103, Garage -ed
County.
He ha agreed to pay the di)stnict $1,156.00 .in £li.eu o4 .eand ded.icatio u .
That 4iguhe ways atvt i ved at by an appna.L ct . conducted by the High County
AppnaizaI A65oci.cvtein conjunction with Duh 4otrmwea o4 a dedication o4
one ache pen 50 an t� . The appna i a,e ways $3,400 pen acne and the d.i)st'i Lc t
ins ev tJ Ped to .34 acnes, on $1,156.00.
Voun con dentition o4 thtis matten - appreciated.
VLHm w
•
1 •
EXHIBIT A
1.3; j K 537 rtc E 594
1 Lot• 7, 11 and ) 1 1,1 Su,- t ion 13. 71.. ) 5. , N. 88 N. , 6th P. H.,
RLSERviNG, Itt)w1:vc►t, All that pail of said i.ot 14 lying Northerly of
the c•ntur lino of the County ;c..'..1, which County Hoed 1s described as
followas. A Nlrip of land 60 feet in width, to he used for county roe
pure-allos, •bit.tialatl in Nccl ton 13, To..u1.hi1) 7 South, Heinle 88 Neat of
the Lth Principal Nerldian, (:as 1 ie1.1 county, Colorado, h•ing 30 feet
In width on each Nitta of thu following described center line; Du91n-
ning at a point on the Southerly l.ne•0f bald Neetlon 11 whence the
South (Just t cl Coiner of said section 13 heart: N. 89'54'45" 3.1. 0.69
feet' thence N. 01'79'10' W. 405.40 feet; thence 243.21 feel. alo119
the ales ut a c:utve to Il.0 tie.,hf bavlm., a radius of 790.35 feet, the
chord of which beatt. N. 10. o7' 1o' r. 237.20 feet; thence 313.90 feat
elony the ala of a Cines to ll.,, left having a ted1us of 543.1] fuer.,
the (hold of which '.rats N. 00' 41.' 40' W. 309.57 feet; thence 31.
11'20'111' N. 66.11 feel; Iheocn :'I/.41 1cet.elon9 the arc of a curve
to the right b.rvir„J n (nine(. of 91.1.81 fa+e1,'t.he chord bf.wh1ch bears
N. 10'02'20" W. 296.20 f c•et ; t l.cr.t t: N. 00154150' E. 1793.79 (-at;
theme )19.19 foal ..luny Ihn ..sc of • tutee to time right having a
tndst,• art 178.07 ;cel, lhu chord of which begat. N. 22'03' E. 473.09
feet; thence 214.:.'6 feet ..1 j tl.o arc of o curve to the right having
A radius. of .19J.13 feet, the timid mf which beers N. 58'40'20' C.
211.70 feet; 1Icnt•e 111.61 fer_1. along 3.11', etc of a eurvo CO the right.
Laving 4 8...1ius of 111.22 feel the the/it of .which Luer. N. 78'5S'15"
E. 111 . 49 feet.; l he:nc:o N. 0.1'15' E. 115.08 feet! thence 199.38 feet
along the ate mf a ctrtva to the loft having a radius of 1074.57 :set,
the c:l,ocd of which hest:. N. 111.06' C. 199.14 foot; thence N. 72'47'
C. 118.00 fact; 1tcsi:o 199.42 feet along the Arc of a curve to the
right I.aviu. a 'adios of 101.6.16 feet, the chord of which :..eat. N.
78'08'10' C. 199.13 feet; the:nt.0 N. U3'30' E. 172.00 feet' thence
176.31 feet along 1he a4C 01 a tutee to the Jett having a radium of
361.40 feet. the t:hmt A of whit 1, heel'. N. 69'30'50' C. 174.69 feet;
thence 50.99 fret alone., t.lcr. Arc of A curve to the left h•viny a red-
ius of 131.89 feel, the cho, c1 of which beer ■ N. 53.33'01' 1;. 50.99
feet, thence N. 51'14.21' 1:. 164.96 Suet; thence 311.31 feat along
the ate of s e:u.ve to the lett hevlc.g • (adios Of 247.75 foot, the
chose( of which hcAo r N. 15' 91' 191 E. 291.20 feet; tl.enco N. 20'25'55'
11. 36).41 (cell the2 Ce 199.15 fuel eloh9 1),e arc of a cultist to the
tight hevtnq .A.t4dfuN of 3115,97 'ant,, the chozd, oX_v_Ihlc.h_hoar• N.• __
02' 22' 1 1' W 195.84 feat; t h..ne a N. 15'10' 10' C. 5.49 feat' ll.estCo
251.01 fact Alun.) lyes amt. of a Cusve to the rte.,ht havlhu a radius of
209.50 fce;l, the ch, 1.1 of which hears. N. 50'16'22•' E. 217.83 feet;
thct,c.e 1911.15 fret Along the: ANC 1)1 a curve to One right having a
radius of 5113 24 feet, (Ise ..hur.1 of which haat* S. 135'23'55' E.
19).11 (eel; thence S. 7.,•40'10' 1.. 1)0.60 fc.:t; thence 139.82 feet
•luny 11,.: att. e'l a • sere to the Left h..viny A radius. of 1924.29 fact,
the c (..,..l ut w1.,. 1. 1., art. S. 1.1.J').10- E. 139.91 feet; thence ti.
)1.30.10- F. 29.9) feet; then, c 217.06 feel a)us..1 the wrc of • curve
t,, the 1, 11 l.avcr.y a (...iter of 6111.67 feet, the eiloid of which biers
S. 80'40.111' C. 211.19 fe.•l; lieu.(: ,. 89'50.10' E. 312.31 teat to a
point on t l,.: La:.t • s ly Iter fit aw.d reel iu11 13 whence the Cat 1. Ouar-
lal Cc•tn.•s of (.aid sr.•. t con 13 bent► S. 02.03'29' E. 1910.81 feet.
ALSO 1 C1:PI1NG the County load as ,trove del.cril.rd.
J
TOGETHER WITH THE FOLLOWING WATER RIGHTS:
1) The Keller Well, decreed for 0.066 c.f.s. Case No. W-1430, Water
Division No. 5, State of Colorado;
2) Van Pelt Well No. 2, 15 g.p.m. (exempt), Permit No. 112878 issued
February 15, 1980;
3) Van Pelt Well No. 1, 15 g.p.m. (exempt) Permit No. 112877. The C & M
Ditch, adjudicated May 11, 1889, with an appropriation date of June 25, 1885,
for 1.0 c.f.s.;
4) C & F Enlargement of C & M Ditch, adjudicated May 31, 1905, with an
appropriation date of September 2, 1902, for 1.3 c.f.s., a portion of which
was decreed absolute Case No. W-1432, October 30, 1973;
5) hawk Ridge Well. No. 1, Hawk Ridge Well No. 2, and that Augmentation Plan
approved and adjudicated on or about July 8, 1981, Case No. 80CW552, Water Divi-
sion No. 5, State of. Colorado, and all rights augmentation water decreed in Case
No. 79CW97, Water Division No. 5, on October 15, 1980;
6) All water rights, well rights, and ditch rights appurtenant to or used
in cc.lnection with the subject porperty;
7) All the Seller's interest in that Option Agreement entered into on or
about June 16, 1980, as Reception No. 304951, office of the Garfield County Clerk
and Recorder.
8) All water and water rights appurtenant to or used in connection with
that real property described .'above.
• •
LEAVENWORTH, PATRICK & LOCHHEAD, P C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
KEVIN L.PATRICK
JAMES S. LOCHHEAD
PETER A.MI +^^i
[JUft
1 0 19$3
GpA ilii Go. P
likittiliR
June 9, 1983
Ms. Marie Talamas
Water Clerk, Water Division No. 5
P. O. Box 1300
Glenwood Springs, CO 81602
Re: Case No. 82CW45
Dear Marie:
1011 GRAND AVENUE
P 0. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (303) 945-2261
Enclosed please find an orignal Stipulation signed by the
Attorney General on behalf of the State Engineer. With this
Stipulation all opposition to this case has now been withdrawn,
and it would be appropriate to re-refer this case to the Referee
for Ruling. My clients are very anxious to utilize this
summer's building season, and, therefore, I would appreciate
your bringing this matter to the Judge's attention as soon as
possible.
LEL:jas
Enc.
cc w/enc:
Very truly yours,
LEAVENWORTH,PATRICK & LOCHHEAD, P.C.
H.P. Hansen
T. Peter Craven, Esq.
Wendy C. Weiss, Esq.
Ronald M. Wilson, Esq.
Richard L. Kinshella
Mark Bean t
1 E. Leavenworth
• •
DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO
Case No. 82CW45
STIPULATION
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF:
ARTHUR W. ACKERMAN, CAROLOYN ACKERMAN, GWENDOLYN HANSEN, and
HANS PETER HANSEN, in Garfield County, Colorado.
COME NOW, the Applicants, by and through their attorneys,
Leavenworth, Patrick & Lochhead, P.C., and the Objector, State
Engineer, by and through the Colorado Attorney General, and
hereby stipulate as follows:
Th e
Opposition
decree in
hereto and
Dated this
State Engineer withdraws its Statement of
in the above -captioned case upon the entry of the
substantially the same force as that attached
incorporated herein by reference.
By
By
day of May, 1983.
LEAVENWORTH, PATRICK & LOCHHEAD,P. •
Attorneys for Applicants
. Leaven •o.• th, 6696
. Milw•:, 1918
Grand Ave
P. O. Drawer 2030
Glenwood Springs, CO 81602
Phone (303) 945-2261
FOR THE ATTORNEY GENERAL
WENDY C. WEISS, 7254
ASSISTANT ATTORNEY GENERAL
Natural Resources Section
Attorneys for the State of Colorado
1525 Sherman Street, 3rd Floor
Denver, CO 80203
Telephone (303) 866-3611
-1-
CASE NO. 82CW45
• •
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of the
foregoing Stipulation in Case No. 82CW45 was placed in the
United States Mails at Glenwood Springs, Colorado, first class,
postage prepaid, on the 9th day of June, 1983, addressed as
follows:
Ronald M. Wilson, Esq.
Hartert, Mincer, Wilson
and Everstine
810 Pitkin Avenue
P. O. Box 850
Glenwood Springs, CO 81602
• •
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. 82CW45
IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF ARTHUR W.
ACKERMAN, CAROLYN ACKERMAN,
GWENDOLYN HANSEN, AND HANS PETER
HANSEN
RULING OF THE REFEREE
IN THE ROARING FORK RIVER OR ITS
TRIBUTARIES
IN GARFIELD COUNTY
The above entitled Application for Change of Water Right,
and for Modification of Previously Approved Plan for
Augmentation was filed on February 2, 1982. Said Plan for
Augmentation to be modified was decreed in Case No. 80CW552,
District Court, Water Division No. 5, State of Colorado on July
2, .1981. The present case was referred to the undersigned as
Water Referee for Water Division No. 5, State of Colorado, by
the Water Judge of said Court on the 10th day of March, 1982, in
accordance with Article 92 of Chapter 37, Colorado Revised
Statutes 1973, known as the Water Rights Determination and
Administration Act of 1969. It appearing to the Referee from
the files and records of said Application that Statements of
Opposition had been filed in the case, the Referee determined in
his discretion not to make a Ruling as provided by C.R.S. 1973,
Section 37-92-303(1), and therefore, on May 28, 1982, ordered
that, in accordance with C.R.S. 1973, Section 37-92-303(2), the
case be re-referred to the Water Judge of Water Division No. 5,
State of Colorado. Subsequently, on , 1982, the
case was again referred to the Water Referee.
The undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
Application
are true and having become fully advised with
respect to the subject matter of the Application does hereby
make the following determination and Ruling of the Referee in
this matter, to -wit:
1. The name and address of the claimants are Arthur W.
Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter
Hansen, c/o Leavenworth, Patrick & Lochhead, P.C., P. 0. Drawer
2030, Glenwood Springs, Colorado 81602.
2. Timely and adequate notice of the filing of this
Application was given as required by law.
3. Timely Statements of Opposition in this case were filed
by the State Engineer of the State of Colorado and John G.
Powers.
4. On , 1983, a Stipulation was entered into
between the Applicant and the State Engineer of the State of
Colorado providing that upon the inclusion of the terms of the
Stipulation in the decree in this case, the Statement of
Opposition of said Objector shall be deemed to be withdrawn.
On April 26,1983, a Stipulation and Agreement
was entered into between the Applicants and the Objector,
John G. Powers, whereby Objector Powers agreed that his
Statement of Opposition shall be deemed withdrawn upon the entry
of a final Referee's Ruling and decree which incorporates the
following provision:
This Ruling and Decree are hereby expressly subject to that
certain Agreement recorded in Book at Page , as
Reception No. , of the Garfield County records.
5. The Plan for Augmentation as originally approved in Case
No. d0CW552 was based on the following assumptions:
A. A total of 20 single-family units, each with an
average of 3.5 persons per unit utilizing 100 gallons per
capita per day and individual septic tank and leachfield
disposal systems with 15 percent consumptive use.
B. No more than 2,000 square -feet of irrigated lawn
and garden for each unit with two (2) acre-feet per acre
consumptive use.
C. No more than one horse for each unit consuming 11
gallons per day per horse.
The modification to the Plan for Augmentation decreed in
Case No. 80CW552 as applied for herein is based on a modified
residential development as follows:
A. A total of seventeen (17) single-family
utilizing 315 gallons per unit per day.
B. No more than 1,000 square -feet of lawn
irrigation per unit.
C. No more than thirty-four (34) horses
development.
residences
and garden
within the
This modified residential development plan is more fully
described in Paragraph 8, supra.
6. The underground water rights set forth below as decreed
in Case No. 80CW552 and in Case No. W-1430 are to be augmented
pursuant to the terms of this decree:
A. Hawkridge Well No. 1, located at a point 1700 feet
West of the East Section Line and 1570 feet North of the
South Section Line in Section 13, Township 7 South, Range 88
West of the 6th P.M., awarded 30 g.p.m. (0.066 c.f.s.) con-
ditional for domestic irrigation and fire protection pur-
poses in Case No. 80CW552 on July 2, 1981 (Water Division
No. 5), with an appropriation date of November 30, 1980.
B. Hawkridge Well No. 2, located at a point 2,450 feet
West of the East Section Line and 2,300 feet North of the
South Section Line in Section 13, Township Seven (7) South,
Range 88 West of the 6th P.M., awarded 30 g.p.m. (0.066
c.f.s.) conditional for domestic, irrigation, and fire pro-
tection purposes in Case No. 80CW552, on July 2, 1981
(Water Division No. 5), with an appropriation date of
November 30, 1980.
C. Keller Well, located in the Southeast Quarter of
the Southeast Quarter of Section 13, Township Seven South
Range 88 West of the 6th P.M., at a point whence the
Southeast Corner of said Section 13 bears South 86° East
2,400 feet with an appropriation date of February 1, 1951,
and as decreed in Case No. W-1430 on July 23, 1973 (Water
Division No. 5) for 0.033 c.f.s. (15 gpm) absolute and
0.033 c.f.s. (15 gpm) conditional.
7. The water rights set forth below are perpetually
licensed to the Applicant and are to be used for the augmen-
tation of otherwise out -of -priority diversions from the above -
referenced wells.
A. The Applicants are the perpetual licensees of 3.99
acre-feet of augmentation water which was decreed by the
District Court, Water Division No. 5, State of Colorado in
Case No. 79CW97 on October 15, 1980. That decree found an
annual average historic consumptive use of 48.0 acre-feet of
water per year associated with the irrigation of 32 acres of
land under five (5) shares of the Park Ditch Company. The
engineers for the Applicants in this case have determined
that said five (5) shares represent 0.87 c.f.s. of the
decreed direct flow water rights of the Park Ditch Company
and that the 48 acre-feet of historic consumptive use
recognized in the Decree in Case No. 79CW97 represent 0.164
c.f.s. of consumptive use during the months of May, June,
and July pursuant to the direct flow decrees of the Park
Ditch and 0.1 c.f.s. of consumptive use during the months of
August, September, and October pursuant to the storage
decreed for the Consolidated Reservoir owned by the Park
Ditch Company. Only 5.51 acre-feet are to be used for
augmentation pursuant to said decree. The Applicants have
available, pursuant to their license agreement, 3.99 acre-
feet of historic consumptive use credit as decreed in the
above -referenced case to allow for the continued diversions
by the wells during the historic irrigation season.
8. The Applicants propose a residential development based
on the following criteria and resulting in the following deple-
tions to the Roaring Fork River:
A. A total of seventeen (17) single-family units, each
with an average of 3.5 persons per unit utilizing 90 gallons
per day per capita for a total of 315 gallons per day per
unit. Each unit will employ individual evapotransporation
disposal systems resulting in 100 percent consumptive use.
Thus, in-house residential demand will require a total
diversion of 6.0 acre-feet per year, of which the total 6.0
acre-feet will be consumed. Of this total amount, 3.0 acre-
feet will be diverted and consumed during the historic irri-
gation season (May through October).
B. No more than a total of thirty-four (34) horses
will be allowed in the development. Assuming 11 gallons per
. •
day for each horse and assuming 100 percent consumption,
there will be a total annual diversion and depletion of
0.420 acre-foot of water per year. Of this amount, a total
diversion and depletion of 0.21 acre-foot of water will
occur during the historic irrigation season (May through
October).
C. The Applicants shall adopt restrictive covenants
and deed restrictions which will limit the use of water from
the above -referenced wells for outside lawn and garden irri-
gation to no more than 1,000 square feet of lawn and garden
for each residence. Therefore, a total of not more than
0.39 acres of lawn and garden area will be irrigated by said
wells. The total annual diversion will be 1.17 acre-feet of
water per year, resulting in a total annual depletion of
0.78 acre-feet of water (based upon a consumptive use of 2.0
acre-feet per acre), all occurring during the historic irri-
gation season (May through October).
Thus, based on the above criteria, total diversions from the
wells during the historic irrigation season (May through
October) will not exceed 4.38 acre-feet per year. Total con-
sumptive use during this period will not exceed 3.99 acre-feet
per year.
9. The operational schedule of this Plan for Augmentation
shall be in accordance with the decree for the augmentation
water set forth in Case No. 79CW97, as follows:
A. Water required for augmentation purposes hereunder
will be diverted through the Park Ditch in accordance with
the provisions herein.
B. During the months November through April, inclu-
sive, the Applicants will divert sufficient quantities of
water under the well's own water rights. Winter augmen-
tation, if necessary, will be as provided for in the decree
in Case No. 82CW96 (Water Division No. 5, State of
Colorado), entered on January 17, 1983.
C. During the months of the historic irrigation season
(May through October, inclusive), Applicants shall cause to
be released through the Park Ditch 3.99 acre-feet of water,
2.45 acre-feet (0.014 c.f.s.) during the months of May,
June, and July by virtue of Applicants' interest in the
water rights decreed to the Park Ditch, and 1.54 acre-feet
(0.01 c.f.s.) during the months of August, September, and
October by virtue of Applicants' interest in the water right
decreed to the Consolidated Reservoir, through the augmen-
tation station constructed and operated pursuant to the
decree in Case No. 79CW97. Said releases shall be made at
such times and in such amounts as directed by the Division
Engineer.
D. By releasing water for augmentation in accordance
with the decree in Case No. 79CW97, the Applicant will
replace to the stream 100 percent of the otherwise out -of -
priority depletions during the historic irrigation season
(May through October) caused by the operation of the wells
referenced in Paragraph 6, supra. As a result, the
underground water to be diverted by the wells will be
available to Applicants without causing injury to any owner
of or person entitled to use vested or conditionally decreed
water rights, and the wells may be operated without cur-
tailment for the benefit of more senior appropriators so long
as they are operated in accordance with this decree.
10. The operation of this plan will not result in an
enlargement of the consumptive use associated with the water
rights referenced in Paragraph 7(A), supra.
11. Applicant will install, operate, and maintain any and
all such adequate measuring devices at historic headgates, at
new points of diversion, and at points of storage release as may
be required by the Division Lngineer to facilitate the adminis-
tration of this plan and to assure compliance herewith.
12. If tne plan for augmentation is operated and admi-
nistered in accordance witn this decree, water will be available
for diversion during the historic irrigation season through the
Applicants' wells, described in Paragraph 6, supra, without
changing tne regimen of the Cattle Creek or Roaring For River so
as to cause material injury to other owners or users of vested
water rights or decreed conditional water rights.
13. The proposed plan for augmentation meets the statutory
criteria for a plan of augmentation set forth in C.R.S. 1973,
Section 37-92-103(9), is one contemplated by law and, if
operated in accordance with the terms and conditions of this
Ruling, will not injuriously affect the owner of or persons
entitled to use water under a vested water right or a decreed
conditional water right.
14. As a matter of law, if a senior water right located on
the Roaring Fork River makes a valid call on the Applicants'
water rights associated with the Hawkridge Well Nos. 1 and 2,
and the Keller Well, during the historic irrigation season (May
through October), the Applicants will have released to the
stream system through the Park Ditch Applicants' share of the
augmentation water decreed in Case No. 79CW96. This consumptive
use credit will then allow for continued diversion under the
water rights associated with said wells at such times when such
diversions could not otherwise be made because of the demand of
other, more senior, water rights.
It is according Ordered that this Ruling shall be filed
with the Water Clerk and shall become upon such filing subject
to judicial review pursuant to C.R.S. 1973, Section 37-92-304.
It is further Ordered that a copy of this Ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
It is further Ordered that the plan for augmentation
approved herein shall supersede the plan for augmentation here-
tofore approved in Case No. 80CW552, that all out -of -priority
diversions during the historic irrigation season from the wells
set forth above in Paragraph 6 shall be pursuant and subject to
the terms and conditions of the plan for augmentation approved
herein and riot the terms and conditions of the plan for augmen-
tation approved in Case No. 80CW552, that the portion of the
Decree in Case No. 80CW552 relating to the plan for augmentation
approved therein shall be void and of no further force or
effect, that the portions of the decree in Case No. 80CW552
awarding conditional water rights to the Hawk Ridge Wells Nos. 1
and 2 are affirmed and in no way modified or affected by this
• •
Ruling, and that this Ruling and Decree are hereby expressly
subject to that certain Agreement recorded in Book at Page
, as Reception No. , of the Garfield County records.
DONE this
day of , 1983, by the
Water Referee, Water Division No. 5, State of Colorado.
BY THE COURT:
Water Referee
Water Division No. 5
No protest was filed in this matter, and accordingly the
foregoing Ruling is confirmed and approved, and is made the
Judgment and Decree of this Court; provided however, that the
approval of this Plan for Augmentation shall be subject to
reconsideration by the Water Judge on the question of injury to
the vested rights of others during any hearing commencing in the
calendar years succeeding the year in which this decision
is rendered.
Dated: , 1983.
Water Judge