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HomeMy WebLinkAbout1.01 Water• • Robert Chatmas -5- October 5, 1978 If all of the Spring Valley aquifer water rights senior to the 1963 Los Amigos water right diverted their full decreed amounts 24 hours a day year round, they would theoretically divert approximately 1600 acre feet per year. It is our opinion that the actual depletion to the Spring Valley aquifer because of senior water right diversions has more realistically been about 100 acre feet per year. (The primary user of the aquifer water is Colorado Mountain College. The college normally diverts less than 50,000 gallons per day (35 gpm) during the winter.) Total annual water available from the Spring Valley aquifer is estimated to be 1500 acre feet per yea r. (1) We conclude that the Los Amigos 1963 right will be able to physically divert and consumptively use its fully decreed 300 gpm at all times without injuring any other vested water right in the Spring Valley area. This will be true even if the CMC wells greatly expand their pumping. If the Los Amigos well was pumped at its 300 gpm decreed amount for a year there would be 483 acre feet diverted, or about 70% more water than required for the ultimate development needs on an annual basis. This right alone should be sufficient to cover the water needs of the development except during the high use irrigation season, when the 300 gpm must be supplemented to meet peak water demands caused mainly by irrigation. All inhouse require- ments are only a fraction of the water available from the 1963 right. Los Amigos has recently applied for additional water rights out of the Spring Valley aquifer to meet their ultimate water requirements. Water rights junior to Los Amigos' 1963 right and senior to their 1978 water rights are also listed in Table 2. Total depletions to the Spring Valley aquifer from the existing decreed water rights senior to the new Los Amigos 1978 water right we estimate to be currently less than 150 acre feet annually. Future maximum depletions from (1) See Spring Valley Report, copy attached., • • Robert Chatmas -6- October 5, 1978 all rights senior and including 1978 are estimated to be less than 1000 acre feet. Again, we conclude that there is enough physical water avail- able to satisfy all rights senior to and including 1978 Los Amigos right. We believe that the Los Amigos 1978 right can be diverted at all times and not injure any other senior water right in the Spring Valley area. The proposed Los Amigos' central water supply system could deplete the Spring Valley aquifer up to 285 acre feet per year. Wright Water Engineers believes the recharge to the Spring Valley aquifer currently is greater than all of the depletions from water rights decreed to date plus the proposed Los Amigos depletions. The effect of any new depletion caused by the Los Amigos development will, in our opinion, be felt in reduced springtime flows down Red Canyon. This effect will be felt by the Roaring Fork and Colorado Rivers during the early spring snow melt period. At the present time the Roaring Fork and Colorado are "free rivers" in the spring- time and any reduction by Los Amigos would not injure any rights currently diverting on the Roaring Fork or Colorado Rivers. However, if there were extensive development of conditional water rights on the Colorado River, there could be a "call" on 1963 and 1978 Los Amigos water rights, as well as all other Spring Valley aquifer water rights. If that ever occured, we believe Los Amigos "injury" to the Roaring Fork and Colorado Rivers could be mitigated by providing augmentation water at that time by releases from reservoirs tributary to the Colorado River above Rifle, or by securing other suitable augmentation water. The only potential for "injury" to water rights in the Spring Valley area would be the lowering of the water table to a point where other wells would have to pump from a greater depth. Injury, if any, would be limited to additional energy costs for pumping - which we believe would be very little. We believe that it would be impossible to "dry up" any of the Spring Valley aquifer wells. i • Robert Chatmas -7- October 5, 1978 SUMMARY In summary we believe that a viable water supply can be developed for the proposed Los Amigos P.U.D. from wells drilled into the Spring Valley aquifer. Water requirements for the development will be as high as 285 acre feet per year with a maximum daily requirement of about 1.1 cfs. We believe that the proposed diversions by the Los Amigos 1963 and 1978 water rights will not injure any vested water rights in the Spring Valley area. In the future there is a possibility of injury to senior water rights on the Colorado River. As that time approaches, we believe Los Amigos can develop appropriate augmentation water to mitigate injury, if any. Please do not hesitate to call if you have any questions. Very truly yours, WRIGHT WATER ENGINEERS, INC. BY W)jl...et,n/ oC William L. Lorah WLL:ep cc: Dean Moffatt Lee Leavenworth 781-67 ASPEN OFFICE P.O. BOX 8028 ASPEN, COLORAO0 81611 GLENWOOD SPRINGS OFFICE P.O. BOX 1266 GLENWOOD SPRINGS. COLORADO 81601 STEAMBOAT OFFICE P.O. BOX 5220 STEAMBOAT VILLAGE. COLORADO 80499 SANTO DOMINGO OFFICE WRIGHT-MENA WATER ENGINEERS KM 9'h ANTIGUA CORRETERA DUARTE SANTO DOMINGO, DOMINICAN REPUBLIC Robert Chatmas P.O. Box 2218 Aspen, CO 81611 Dear Rob: • • WRIGHT WATER ENGINEERS, INC. ENGINEERING CONSULTANTS 2420 ALCOTT STREET DENVER. COLORADO 60211 (303) ASS -6201 Glenwood Springs Tel. 945-7755 October 5, 1978 RE: Los Amigos Development Water Supply KENNETH R. WRIGHT WILLIAM L. LORAN RUSSELL E. DARR F. ROBERT McGREGOR RALPH L. TOREN ROBERT D. TAFELSKI This letter summarizes our preliminary findings and conclusions concerning the water supply for the proposed Los Amigos Planned Unit Development located southeast of Glenwood Springs in Garfield County. Development parameters, such as type, location and number of units, have been provided by Sundesigns. We have also been working closely with Loyal Leavenworth, the water attorney for the project. WATER REQUIREMENTS For planning purposes a central water supply system is proposed to serve the entire development, except for a few large lot parcels in the northern portion of the P.U.D. Table 1 presents the estimated ultimate water requirements for the development. The inhouse use was based on a per capita use of 100 gallons per day assuming year around full occupancy. Irrigation demands from the central water supply were based on the assumption that a total of 40 acres of land within the P.U.D. will be irrigated. This is equivalent to about 3,000 square feet of irrigated land (lawn, green belt, open space, etc.) for the 567 equivalent residential units. In addition to inhouse and irrigation usage, it is assumed there will be 70 head of livestock (horses) that will require an average of 25 gallons of water per head per day. Total maximum diversion from the central water supply system is estimated to be 285 acre feet per year. Winter time water requirements EXHIBIT 1 Robert Chatmas October 5, 1978 • • TABLE 1 ULTIMATE WATER SUPPLY REQUIREMENTS INHOUSE DOMESTIC USE -2- Total Number People Number Daily Annual of Dwelling per of Use Use Type of Unit Units Units Unit People gpd` Acre Feet Single Family 122 122 3.5 427 42,700 Duplex 31 62 3.5 217 21,700 Fourplex 15 60 3.0 180 18,000 Multiplex 30 324 2.5 810 81,000 TOTALS 198 568 (2.9) 1634 163,400 183 AF IRRIGATION (Assume 3,000 ft. 2 per dwelling unit) 40 acres x 2.5 AF per acre 100 AF LIVESTOCK USE 70 head @ 25 gallons per head per day 2 AF TOTAL ANNUAL DIVERSION WINTER DAY BASE DIVERSION = .16 MGD = 113 gpm = 0.25 cfs MAXIMUM DAY SUMMER DIVERSION-;` = .71 MGD = 490 gpm = 1.1 cfs 285 AF 100 gallons per capita per day. "* 1/2 inch irrigation on 40 acres plus average daily inhouse use. Fire flow not included. • • Robert Chatmas -3- October 5, 1978 are estimated to be 113 gpm (0.25 cfs). Maximum day summer demand for domestic, livestock and irrigation is estimated to be 490 gpm (1.1 cfs). Treated water storage requirements, which will be governed mainly by fire flow requirements for the multi unit buildings, are estimated to be as high as 250,000 gallons. WATER SUPPLY At this time we recommend that the water supply for the entire develop- ment, except for a few of the larger tracts in the western area, be provided by a central system that derives its water from a series of wells located along the eastern edge of the P.U.D. These wells would be drilled into the Spring Valley alluvium to depths of up to 300 feet. It is our opinion that properly constructed wells can be drilled into this aquifer that will produce 200 to 400 gpm. Under ultimate development we recommend that at least two 300 gpm wells, or an equivalent combination, be drilled. The water from the wells will be chlorinated and pumped to a main storage tank that would be located approximately at the 7200 foot level in the southeast portion of the project. WATER RIGHTS Presently, Los Amigos has one decreed water right to divert water from the Spring Valley aquifer for municipal, commercial and domestic use. This water rights is for 300 gpm with an appropriation date of August 22, 1963 and an adjudication date of December 31, 1973. There are seven senior decreed water rights that can divert water from the Spring Valley aquifer. These rights are listed in Table 2. There are other water rights in the Spring Valley area senior to the 1963 Los Amigos well. However these rights do not depend upon the Spring Valley aquifer for their physical water supply�1)For example: the water rights on Landis Creek, and springs such as the Quigley and Cox Springs, obtain their water supply at elevations higher than the Spring Valley aquifer. Pumping from the Spring Valley aquifer would not effect the flow of the springs or surface rights located at an elevation higher than the Spring Valley aquifer. (1) See Map, Spring Valley Water Resources and Water Rights, Wright Water Engineers, May, 1977. • • Robert Chatmas -4- October 5, 1978 TABLE 2 SPRING VALLEY AQUIFER WATER RIGHTS CASE AMOUNT APPROPRIATION ADJUDICATION STRUCTURE OWNER NUMBER (cfs) DATE DATE CMC Well CMC W-403 .9 5-8-1967 12-31-1972 CMC Well CMC W-404 .9 5-16-1967 12-31-1972 CMC Well CMC W-405 .09 3-31-1967 12-31-1972 CMC Well #4 CMC W-406 .22 3-01-1967 12-31-1972 Well 3 Ould W-1433 .001 4-30-1925 12-31-1973 Well 1 Ould W-1433 .001 4-30-1930 12-31-1973 We11 2 Ould W-1433 .033 4-30-1945 12-31-1973 Los Amigos Well #5 Sunlight W-2156 .67 8-22-1963 12-31-1973 Spring Valley Well No 1 Beattie W-3298 .67 12-07-76 Spring Valley Well No 2 Beattie W-3549 .03 1941 Lake Sp Rn Foster Well A Petroleum W-3573 .45 9-9-1977 Lake Sp Rn Foster We11 B Petroleum W-3574 .45 9-9-1977 Spring Valley Well No 3 Beattie W-3702 .09 1978 Spring Valley Well No 4 Beattie W-3745 .06 4-17-1978 Los Amigos Los Well No 6 Amigos W-3873 .67 1978 RONALD C. MCLAUGHLIN KENNETH R. WRIGHT HALFORD E. ERICKSON DOUGLAS T. SOVERN WILLIAM C. TAGGART THOMAS W. MORRIS JIMMIE D. WHITFIELD JOHN T. MCLANE DAVID J. LOVE RONALD B. CLONINGER • • WRIGHT-McLAUGHLIN ENGINEERS ENGINEERING CONSULTANTS 2420 ALCOTT STREET DENVER, COLORADO 80211 (303) 458-6201 Mr. Robert Chatmas P.O. Box 2218 Aspen, CO 81611 Dear Mr. Chatmas: Glenwood Springs Tel. 945-7755 October 6, 1978 COMPLETE ENGINEERING SERVICES IN THE. THE SPECIALTY FIELDS OF WATER SUPPLY AND DISTRIBUTION WATER AND SEWAGE TREATMENT SEWAGE COLLECTION AND REUSE STORM DRAINAGE FLOOD CONTROL AND OTHER WATER -ORIENTED PROJECTS RE: Los Amigos Development Water and Sewer Facilities We have investigated several alternatives for water and sewer facilities for the Los Amigos Planned Unit Development. Following are descriptions of various alternatives and our conclusions. WATER FACILITIES Three alternative water supply systems were investigated for Los Amigos. The alternatives .provide varying degrees of fire protection. Alternative 1 provides fire flow capability (as recommended by the Insurance Service Office ISO) to high density and single family dwelling areas with the exception of the 35 -acre home sites in the western portion of the subdivision. Alternative 2 provides fire flow capability to the multi -family areas and provides domestic requirements to the single family areas. Alternative 3 is similar to Alternative 2, but the water supply includes a secondary water supply from the Roaring Fork River alluvium. The water service area in all alternatives is divided into four pressure zones. The elevation boundaries of the zones are located such that the minimum water pressure is 30 pounds per square inch and the maximum water pressure is 140 pounds per square inch. The facilities for each alternative are outlined below. Alternative 1 The water source for Alternative 1 is two or three wells in the Spring Valley alluvium along the eastern boundary of the property (see Water Supply letter Wright Water Engineers, October 5, 1978.) There is an existing well which may be suitable for use as a supply. A two day pumping test has been performed on this well which indicated it was a reliable supply. The wells would pump to a clearwell chlorination pumping station. From the clearwell which provides chlorine contact time, the water would be pumped to a 250,000 gallon buried concrete storage reservoir. The pipelines as indicated on Drawing 1 are sized to provide a fire flow of 2500 gallons per minute to the multi -family and commercial areas and a fire flow of 1500 gallons per minute to the single family residential areas. The four pressure zones are isolated by means of pressure reducing valve vaults. BRANCH OFFICES ASPEN P.O. 808 8028 ASPEN, COLORADO 81611 DILLON LAKE P.O. 808 1171 FRISCO, COLORADO 80443 GLENWOOD SPRINGS P 0. 808 1286 GLENWOOD SPRINGS, COLORADO 81601 STEAMBOAT SPRINGS P.O. BOX 5220 STEAMBOAT VILLAGE, COLORADO 80499 LEAD/DEADWOOD 93 SHERMAN DEADWOOD, SOUTH DAKOTA 57732 EXHIBITS 3 & 4 Robert Chatmas October 6, 1978 Table 1 itemizes the major components of the system. TABLE 1 WATER SUPPLY ALTERNATIVE 1 3 Wells Pumping Station Buried Concrete Reservoir, 250,000 gallons Pressure Reducing Vaults, 6 Pipelines, Ductile Iron 14 -inch, 1600 1.f. 12 -inch, 600 1.f. *10 -inch, 1500 1.f1 * 8 -inch, 30,200 1.f. * 6 -inch, 20,300 1.f. *Heavy wall PVC pipe may be used for sizes 10 -inch and smaller. Alternative 2 -2- The water supply facilities of Alternative 2 are the same as Alternative 1 with the exception of pipeline sizes. Alternative 2 is designed to provide fire flow capability primarily to the multi -family areas. Domestic water requirements will be supplied to the single family areas. A schematic layout of the system is shown on Drawing 2 and the major components are items in Table 2. Alternative 3 The water supply for Alternative 3 includes two wells in the Spring Valley alluvium and one alluvial well on the Roaring Fork River. As in the previous alternatives discussed, the Spring Valley wells would pump into a clearwell pump station which would in turn pump to a 150,000 gallon storage reservoir. The pressure zones would remain the same as in the other alternatives. The Roaring Fork well would initially serve the lowest pressure zone, Zone 9. The well would pump to a clearwell pump station which would pump to a 100,000 gallon storage reservoir located to serve Zone 9. This system could operate independently until such time as it is feasible to inter- connect the two sub -systems. The schematic of this system is shown on Drawing 3. The piping layout is much the same as Alternative 2, however, combination pressure reducing vaults and booster pump stations would be required on the line inter- connecting the two sub -systems. The major components of this alternative are presented in Table 3. Robert Chatmas October 6, 1978 TABLE 2 WATER SUPPLY ALTERNATIVE 2 3 Wells Pumping Station Buried Concrete Reservoir, 200,000 gallons Pressure Reducing Vaults, 6 Pipelines, heavy wall PVC 8 -inch, 3800 1.f. 6 -inch, 24,300 1.f. 4 -inch, 13,900 1.f. 3 -inch, 9,000 1.f. 2 -inch, 3,100 1.f. Fire Hydrant Assemblies, 22 TABLE 3 WATER SUPPLY ALTERNATIVE 3 2 Spring Valley Wells Pumping Station 1 Roaring Fork Well Pumping Station Buried Concrete Reservoir, 150,000 gallon Buried Concrete Reservoir, 100,000 gallon Combination Booster Pump Station/Pressure Reducing Vault, 3 Pressure Reducing Vaults, 2 Pipelines, heavy wall PVC 8 -inch, 3,800 1.f. 6 -inch, 24,300 1.f. 4 -inch, 17,000 1.f. 3 -inch, 9,000 1.f. 2 -inch, 3,100 1.f. Fire Hydrant Assemblies, 22 -3- All of the water supply alternatives discussed are feasible and the selection will be determined by development phasing and economic considerations. The estimated construction costs range from $1.2 to $1.7 million. Robert Chatmas -4- October 6, 1978 SEWER FACILITIES Planning and design of a central waste water treatment facility for the proposed Los Amigos P.U.D. will be governed by the Federal Government. Federal regulations regarding the expansion of existing sewage treatment facilities or the construction of new facilities were established by the 1972 Amendments to the Federal Water Pollution Control Act, Public Law 92-500. This legislation established a national goal of water quality suitable for fishing and swimming by the year 1983. To accomplish this goal a two stage program was enacted. In Phase 1 all waste treatment works constructed before June 30, 1974 were to attain a minimum of secondary treatment by July 1, 1977. The second stage requires that all plants provide the best practicable treatment by July 1, 1983. The implementation of PL 92-500 is administered by the State Water Quality Control Commission (WQCC). As required by legislation, a Water Quality Management Plan has been developed for all river basins in the State. The Water Quality Control Commission reviews all applications for sewage treatment plant sites. In the State's review procedure, the Commission considers the compatibility of the proposed site with the River Basin Plan. The consolidation of sewage treatment works is promoted to avoid a proliferation of small sewage treatment plants. A Water Quality Management Plan for the Roaring Fork River Basin was developed by Wright -McLaughlin Engineers in 1974. In this Basin Plan treatment plant sites were designated based on cost effectiveness and location such that the collection systems could be accommodated by gravity flow. To meet the best practicable treatment goal by July 1, 1983, tertiary treatment processes, either advanced wastwater treatment (AWT) or land treatment, will be required. For the Colorado Mountain College (CMC) and Spring Valley area, the Basin Plan recommends a regional facility at CMC utilizing land treatment as a tertiary process. Because the developers of Los Amigos Ranch do not have control of land necessary for land treatment below the CMC plant site, this alternative has not been investigated at this time. Two land treatment alternatives have been investigated. A third alternative with secondary effluent discharging to the Roaring Fork River has been studied since the WQCC may issue a permit to do so. Alternative 1. Individual treatment plant sites at each cluster of multi -family units, with effluent pumped (with exception of Zone 9 area) to a storage reservoir from which land will be spray irrigated. Zone 9 will have independent land treatment system. Alternative 2. One plant will serve all multi -family areas with the exception of Zone 9. Effluent is to be pumped to a storage reservoir from which land will be spray irrigated. Zone 9 is to have independent land treatment system. • • Robert Chatmas -5- October 6, 1978 Alternative 3. This plan has a conventional secondary treatment plant with the effluent discharging to the Roaring Fork River. ALTERNATIVE 1: Each multi -family area would be served by a sewage collection system and an individual sewage treatment plant. Zone 9 because of its low elevation is isolated and will have an independent land treatment system. The other four multi -family areas will have facilities to pump the secondary effleuent to a storage reservoir. The storage reservoir will have the capacity to store 6 months of effluent during the winter months. The effluent will be applied to the land by spray irrigation during the irrigation season. Approx- imately 40 acres of land will be required for the land treatment. The storage reservoir capacity required is 37 acre feet and will require about 5 acres of land. The Zone 9 facilities are similar to thosediscussed above except that it will not be necessary to pump the effluent from the plant to the storage reservoir. The storage capacity required for Zone 9 is 18 acre feet, or a land surface area of 2.5 acres. Approximately 20 acres will be required for the land treatment. Major components of this alternative are given in Table 4. With the land for irrigation 260 feet above the lowest plant site, this alternative will require above average power input. ALTERNATIVE 2: Alternative 2 is similar to Alternative 1 except the multi -family areas ex- cluding Zone 9 will all be served by a central sewage treatment plant. A lift station will be included as part of the plant to pump the secondary effluent to the storage reservoir. Facilities for Zone 9 will be the same as those for Alternative 1. Table 5 lists the major elements of Alternative 2. ALTERNATIVE 3: This alternative would have a secondary treatment plant located in the Zone 9 area so that the entire development area could be served by gravity. An outfall line to the Roaring Fork River would be necessary. If a sewer district is formed, the district would have the power of condemnation to obtain the necessary right-of-way for the sewage outfall line. A list of facilities for this alternative is presented in Table 6. • • Robert Chatmas October 6, 1978 TABLE 4 WASTE WATER COLLECTION AND TREATMENT COMPONENTS ALTERNATIVE 1 Multi Family Areas Excluding Zone 9 Sewage Collection System 8 -inch PVC, 10,800 1.f. Manholes, 25 Extended Aeration Plant with Lift Station Plant 1, 27,000 gpd Plant 2, 24,000 gpd Plant 3, 4,000 gpd Plant 4, 11,000 gpd Sewage Force Mains 4 -inch PVC, 3700 1.f. 6 -inch PVC, 3300 1 . f . Effluent Storage Reservoir 37 acre feet Irrigation System 40 acres Zone 9 Sewage Collection System 8 -inch PVC, 2600 1.f. Manholes, 7 Extended Aeration Plant 66,000 gpd Effluent Storage Reservoir 18 acre feet Irrigation System 20 acres Irrigation Main 6 -inch PVC, 1200 1.f. • • Robert Chatmas -7- October 6, 1978 TABLE 5 WASTE WATER COLLECTION AND TREATMENT COMPONENTS ALTERNATIVE 2 Multi -Family Areas Excluding Zone 9 Sewage Collection System 8 -inch PVC, 14,500 1.f. Manholes, 36 Extended Aeration Plant with Lift Station 66,000 gpd Sewage Force Main 6 -inch, 5,400 1.f. Effluent Storage Reservoir 37 acre feet Irrigation System 40 acres Zone 9 Same as Alternative 1 TABLE 6 LIST OF FACILITY -SECONDARY PLANT ALTERNATIVE 3 Collection System 8 -inch PVC, 19,200 1.f. Manholes, 50 Secondary Sewage Treatment Plant 100,000 gallon per day Outfall Line 10 -inch PVC, 2,350 1.f. Highway & Railroad Crossing, 250 1.f. • • Robert Chatmas -8- October 6, 1978 The estimated cost of wastewater collection and treatment facilities we have studied range from $900,000 to $1,800,000. Combinations of alternatives may prove more cost effective. Very truly yours, WRIGHT-McLAUGHLIN ENGINEERS B PKF:ep 782-67 Patricia . Flood •mph THE I)1:;'I'Itic'I' (:oiiIrt' i N AND WATER uI V.I S ION no. 5 'ATl, or cOI;oRADO CASE NO. W-.2156 IN THE MATTER OF THE APPLICATION FOR WATER RIGImms OF SUNLIGHT PARTNERSHIP IN THE ROARING.FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIELD COUNTY . I- �' ;l . ';( i. Los Amidos Well No. 5... RULING OF Til::, REFEREE AF SOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And 1thc Referee having made the investigations reriuircd by Article 21+of Chapter 148, C.R.S. 1965, as amended does hereby make the following ruling, to wit: • • This application was referred to the Water Referee of Water Division No. 5 on the 4th day of January , 3.4PCY, 1974. 1. Name of Applicant Sunlight Partnership 1776 S. Jackson Street; ' Address 2. The name of the structure is Los Amigos Well 3. The Legal description of the structure is: The in Lot 6, Section 5, T. 7 S., R. 88 W. of at a point whence the East Quarter Corner bears N. 41°07'43" E. 974.55 feet. li. The depth of the well is 260 feet. 5. The date of initiation of appropriation is Denver, Colora No. 5. well is located the 6th P.M. of said Section August 22, 1963. 6. The amount of water claimed is 0.66 cubic foot per second of time ...7 F'. ` 7. The use of the water is municipal, commercial. domestic, industrial. 8. The State Engineer's number is 18147. 9. The Priority date is August 22, 1963. 10. The date of the application was December 28, 1973. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. Itis accordingly ordered that this ruling shall become • effective upon filing with the. Water Clerk, subject to Judicial review as provided by law. Done at the City of Glenwood Springs, Colorado this /4i.24- day or /41.2/4f_ , 197A. No protc:,t was filed in thi." ratter. . The foregltng ruling is confirmed and approved, and is made the Judgment and Decree of this court. Dated: ')4 Fetter Judh:o ► .iter Referee Water Division No. 5 State of Colorado y7 { F,. D IN THE DISTRICT COURT IN AND FOR 11.'-1. Vid• . �fJJ?� WATER DIVISION NO. 5 t :, 3/,gr COLORADO S :"1 A/ = C ;:OLOpA Case No. W- / U/( S • �l, ••,-..)1"`" STATE OF COLO IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF ROBERT W. ) CHATMAS and JAMES A. R. JOHNSON ) IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES ) IN GARFIELD COUNTY ) APPLICATION FOR UNDERGROUND WATER RIGHTS COME NOW,- Robert W. Chatmas and James A. R. Johnson, by and through its attorneys Musick, Williamson, Schwartz, Leavenworth & Cope, P.C., and respectfully request that the Court enter a decree for the following described water right: 1. Name and address of Applicants: Robert W. Chatmas and James A. R. Johnson c/o Musick, Williamson, Schwartz, Leavenworth & Cope, P.C. P. 0. Drawer 2030 Glenwood Springs, CO 81601 PH 303-945-8513 2. Name of well: Rancho Los Amigos Well No. 6. 3. Legal description of location of well: A point in the NE1/4 of the SE1/4 of Section 5, Township 7 South, Range 88 West, 6th P.M., whence the Northeast Corner of Section 5 bears N.10°17' E. a distance of 2844 feet. 4. This well is located in the watershed of Spring Valley. 5. Depth of well: 300 feet. 6. A. Date of initiation of appropriation: July 27, 1978. E. Date water first applied to beneficial use: N/A. C. How appropriation was initiated: Selection of well site and filing application for water ricThts. 7. Amount of water claimed in gallons per minute of time: A. Portion absolute: 0 gpm. B. Portion conditional: 300 gpm. 8. Proposed use of water: All municipal uses, including, without limitation, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propogation, recreational, aesthetic, and all other beneficial uses; exchange, substitution, replacement or auamentat.i storage for system balance and adjustment in connection with any and all uses proposed herein. 9. Number of well as registered in State Engineer's Office: Application will be supplemented with copy of permit, pursuant to C.R.S. 1973, §37-92-302(2). 10. In case of an irrigation priority, the number of acres being irrigated: 0 acres; the number of acres historically, irrigated: 0 acres; and the number of acres proposed to be irrigated by the decree sought: 10 acres. Dated this J day of August, 1978. MUSICK, W.ILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P.C. Attorneys for Applicants By Address and phone number of Applicants: Robert W. Chatmas and James A. R. Johnson P. 0. Box 2218 Aspen, CO 81611 PH 925-8191 r al E. Lr,enworth, 46696 P. 0. (rawer 2030 1011 Grand Avenue Glenwood Springs, CO 81601 PH 303-945-8513 r STATE OF COLORADO ss. County of Garfield ) WILLIAM L. LORAN, Consultant Engineer for the Applicants, being first duly sworn, upon oath, deposes and says that he has read the foregoing APPLICATION FOR UNDERGROUND WATER RIGHTS, knows the contents thereof, and that the same are true to the best of his knowledge and belief. Subscribed and sworn to before me this 31st day of August, 1978. .My Commission expires: My CJR7mi::,:Jn e::?.: as ,gin. 20, 1972 Notary P,iublic JOHN D. MUSICK, JR, STEPHEN T WILLIAMSON ALAN E. SCHWARTZ LOYAL E LEAVENWORTH JOSEPH A COPE SUE ELLEN HARRISON WILLIAM T SMITH, JR KEVIN L PATRICK • • MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P.C. ATTORNEYS AT LAW 75 MANHAI TAN DRIVE - SUITE 1 P.O. BOX 4579 BOULDER, COLORADO 80306 1 ELEPHONE (303) 499.3990 (COLO) 1.800 332.2140 October 6, 1978 Glenwood Springs Mr. Robert A. Witkowski, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Los Amigos Ranch Water Rights Dear Bob: GLENWOOD SPRINGS OFFICE 1011 GRAND AVENUE GLENWOOD SPRINGS. CO 81601 TELEPHONE (303) 945 8513 Our firm represents Mr. Robert W. Chatmas, We were retained for the purpose of developing, in conjunction with Wright Water Engineers, Inc., a legal water supply for the proposed Los Amigos Ranch development. We have worked closely with Wright Water Engineers in the preparation of the Water Resource Investigation, dated October 5, 1978, which appears as Exhibit 1 to this application for rezoning, We concur in the analysis and. conclusions set forth in the Water Resource Investigation. WATER RIGHTS A. Los Amigos Well No. 5 The Los Amigos Ranch owns the 1963 Los Amigos Well No. 5 water right. This water right was decreed on July 23, 1974, in Case No. W-2156, Water Division No. 5 (copy of decree attached) for 300 g.p,m. (0.66 c.f.s.) for municipal, commercial, domestic, and industrial use with a date of appropriation of August 22, 1963. This water right will be utilized in the Los Amigos water supply system as outlined in the Wright Water Engineers report of October 5, 1978. It is my opinion no action in the Water Court will be necessary in order to use the Los Amigos Well No. 5 as set forth therein. EXHIBIT 2 • Mr. Robert A. Witkowski, Director October 6, 1978 Page 2 B. Los Amigos Well No. 6 On August 31, 1978, an Application for Underground Water Rights for the Los Amigos Well No. 6 was filed with the Water Court as Case No. W-3873, Water Division No. 5 (a copy of this Application is attached). This Application seeks a decree for 300 g.p.m. (0.66 c.f.s.) for all municipal uses, including without limitation, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation, recreational, aesthetic; exchange, replacement, or augmentation; storage for system balance and adjustment in connection with any and all uses proposed herein with a date of appropriation of July 27, 1978. The time for filing opposition to this Application will expire on QQ.tohPr 3l, 127R To date, no opposition has been filed. The Wright Water Engineers' report of October 5 raised three points relative to the development of a legal water supply which require additional discussion: 1. The effect of an increase in depletions to the Spring Valley aquifer by aquifer water rights senior to the Los Amigos water rights. See discussion at page 5, Wright Water Engineers' report of October 5, 1978. 2. The effect of a potential lowering of the water table. See discussion at paragraph 3, page 6, Wright Water Engineers' report of October 5, 1978. 3. A possible need for augmentation in the future due to reduced runoff flows down Red Canyon. See discussion at paragraph 1 and 2, page 6, which report of October 5, 1978. Based on the technical data set forth in Mr. Lorah's reports, it is our judgment that these potential concerns do not diminish the legal basis of the proposed water supply. First, although some increase in aquifer depletions by senior rights may occur, an increase in actual depletions in an amount that would diminish Los Amigos diversions (e.g., an increase from 100 acre-feet per year to over 1,215 acre-feet per year) would constitute an unlawful enlargement of use by senior rights, not permitted • • Mr. Robert A. Witkowski, Director October 6, 1978 Page 3 under Colorado water law. Secondly, Colorado water law permits the lowering of the ground water table so long as the decline in the water table does not place the water supply of other reasonable water users beyond their economic reach, to the extent of their historic use. In our judgment, the Wright Water Engineers' conclusion that additional pumping costs, if any, would be deminimus demonstrates that any lowering of the water table will be within the economic reach of other water users. Therefore, this point should not prevent Los Amigos diversions from the aquifer. Finally, in the event augmentation is required in the future, augmentation water could be secured from Ruedi Reservoir, Green Mountain Reservoir or other sources of supply. Existing court opinions confirm that water may be used for this purpose without additional court approval. In conclusion, the two water rights (Los Amigos Wells Nos. 5 and 6) will provide the basis for the legal right to divert water from the Spring Valley aquifer for use in the proposed Los Amigos Ranch water system. Based upon the data and information contained in the Spring Valley Report and the Wright Water Engineers report of October 5, it is our judgment that, upon receiving a decree for Los Amigos Well No. 6, no additional Water Court proceedings will be required to secure the water rights necessary for implementation of the proposed water system for the Los Amigos Ranch P U D If you or the Planning Commission have any questions or desire additional information, feel free to call. Very truly yours, MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P.C. By LEL/j Enc. cc: Mr. William L. Lorah (w/enc.) Mr. Robert Chatmas (w/enc.) Mr. Dean K. Moffatt (w/enc.,) tVRJ•5•Rev. 76 ea Application must be complete where applicable, Type or print in BLACK INK. No overstrikes or erasures unless initialed. cilrORADO DIVISION OF WATER RESOI'RCES 81 tennial Bldg., 1313 Sherman St., Denver, Cole 80203 PERMIT APPLICATION FORM (X ) A PERMIT TO USE GROUND WATER (X ) A PERMIT TO CONSTRUCT A WELL FOR: (X ) A PERMIT TO INSTALL A PUMP ( 1 REPLACEMENT FOR NO ( X) OTHER Amendment to P e'etpf No. 99,51,6 WATER COURT CASE NO.W-3873 Water Division No. 5) (Pending) Move well N. 120' Nbve well W. 20' Re ( tl '' /-/5 )I (1) APPLICANT - mailing address Robert Chatrnas and James A. R. Johnson NAME C/O Musick, Williamson, Schwartz, Leavenworth & Cope, P. C. STREET p n nr QIP] 2030 CITY Glenwood Springs, CO 81601 TELEPHONE NO (State) (Z,p) (303) 945-8513 (2) LOCATION OF PROPOSED WELL Garfield County NE ''/ of the SE Y., Section Twp. 7 SRng, 88 W 6th P.M. IN,SI IE.WI 5 (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water 300 300 to be appropriated (acre-feet): 80 Number of acres to be irrigated: Proposed total depth (feet): 300 Aquifer ground water is to be obtained from: Spring Valley Acquifer Owner's well designation Ranchos Los Amigos Well #6 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no irrigation (0) P1 DOMESTIC (1) (X}4 INDUSTRIAL (5) )0) LIVESTOCK (2) (?{}Q IRRIGATION (6) X) COMMERCIAL (4) (xx) MUNICIPAL (8) 1 I OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Licensed Driller Name Street City (State) (Zip) Telephone No. Lic. No. FOR OFFICE USE ONLY DO NOT WRITE IN THIS COLUMN Receipt No. / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) THE APPROVAL OF `PHIS PERMI.'1' IS S UEJ E(:T 'i C THE APPROVAL OF A DECREE (CAST, NO. W-3:73) FILED 1N WATER DIVISION :N0.5, STATE OF COLOhAL!, FRIOR TO THE USE OF THIS WELL. 2\ THE '}'EST DATA AM) RESULTS OF ALL AQUii'i�}; TEST THAT ARE CONDUCTED ON THIS WELL, SHALL BE SUBMITTED TO THE 1)1V 151 ON OF WATER LI';SoURCE5 3) THIS WELL SHALL BE CONSTRUCTED AT LEAST 600 FEET FROM ANY EXISTING WELL(S). 10 A TOTALIZING FLOW METER MUST BE ]NS'1'ALL ,L ON THE WELL DISCI-AE(=E WHEN THIS WATER SUPPLY IS PUT TO BENEFICIAL USE. LIVERS ION RECOP.DS SHALL BE SUBMITTED, UPON REQUIEST , TO DIVISION. 51 AVERAGE ANNUAL APPROPRIATION FROM. THIS hii;11, SHALL NOT EXCEED 300 ACRE-FEET. 61 THE PUMPING RATE OF TILE WELL SHALL BE LIMITED TO 300 GALLONS PEP MINUTE OH THE ACTUAL YI ELI) OF THE AQUIFER , WHI C}CE,VER 1S LESS . ,t ,'?S T' ?E APPLICATION APPROVED PERMIT NUMBER 239664... F DATE ISSUED JAN 25 1979 EXPIRATION DATE JAN 2 5 19.80 • 0) THE LOCATION OF THE OPOSED WELL and the area on which the water will be used m be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - - - 1- (t ---- 1 MILE, 5280 FEET — f + -- + + -t- -1- + NORTH + I I-t- 4- -t- -}- -- The scale of the diagram is 2 inches _ 1 mile Each small square represents 40 acres. (6) TELL MUST BE LOCATED BELOW b 1,Incr;•, r,nn .(Ction Inn:•, 2520 1 1t. from _- South 520 It. from Fast YJC. 11110 (rd•.� nr ,.c5t) LOT BLOCK N/A FILING a N/A Los Amigos Ranch PUD (pending) SUBDIVISION (7) TRACT ON WHICH�Wa LLLLsWILLBE Johnson LOCATED Owner. No. of acres approx. 2,200 w u 51155 I„ No the only well on this tract? (8) PROPOSED CASING PROGRAM_ Plain Casing ZQ in, frorn-0 ft. to 200 .- - 1t in from Perforated casing 8 200 300 --- 111 frntti -- It t,, N ft t , _.__ ft. m. from ft tt, ___-- ft -� •� 0•t CC WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covets 1 acre of land 1 foot deep 1 cubic foot per second (cfs) 449 gallons per minute (ypmt A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet . . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSrlivt:(lIstance and direction from old wt''I .I11t1 1)10115 for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Robert Chat -las and James A. R. Johnson Legal description: See Exhibit A attached hereto and incorporated herein by reference. No of arttrti appox. (11) DETAILED DESCRIPTION of the use of system to be used.This well will be used commercial, industrial, and domestic in__ for single-family lots. I. • t. ground water: Household use and domestic wells must indicate type of disposal to supply ester for. .municipal,_..danestic, _ livestnr•k, uses on and within the Las Amigos Ranch P.U.D. (pendia. • multi amily areas, septic system J: ■ 'Zol • .1 (12) OTHER WATER RIGHTS used on this land, including wells. Give Reyisit dhoti ,nut Miter Court (;.e:e Mentor's. Type or tight Underground Used for (purpose) D,M,I/C; Permit No. 18147 Description ul land on whirl 11-.1-11 See Exhibit A (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BELT OF HIS KNJJWLEDGI;. SIGNATURE, OF APPL /CANT / Loyal. E. Leav rth, Attorney for applicants Musick, Williatson, Schwartz, Leavenworth & Cope, P.C. P. 0. Drawer 2030, Glenwood Springs, CO 81601 Use additional sheets of paper it more space is retlulri d n>vtslnJtLlWINIurvt 11 - z 3 -- -1- - — -^ I I I — d_. — _m N 1 N m n u n n I 6 I 2 r_ 1 1 CAI ITU eC!`TI A.I 1 I.I c -t- -}- -- The scale of the diagram is 2 inches _ 1 mile Each small square represents 40 acres. (6) TELL MUST BE LOCATED BELOW b 1,Incr;•, r,nn .(Ction Inn:•, 2520 1 1t. from _- South 520 It. from Fast YJC. 11110 (rd•.� nr ,.c5t) LOT BLOCK N/A FILING a N/A Los Amigos Ranch PUD (pending) SUBDIVISION (7) TRACT ON WHICH�Wa LLLLsWILLBE Johnson LOCATED Owner. No. of acres approx. 2,200 w u 51155 I„ No the only well on this tract? (8) PROPOSED CASING PROGRAM_ Plain Casing ZQ in, frorn-0 ft. to 200 .- - 1t in from Perforated casing 8 200 300 --- 111 frntti -- It t,, N ft t , _.__ ft. m. from ft tt, ___-- ft -� •� 0•t CC WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covets 1 acre of land 1 foot deep 1 cubic foot per second (cfs) 449 gallons per minute (ypmt A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet . . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSrlivt:(lIstance and direction from old wt''I .I11t1 1)10115 for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Robert Chat -las and James A. R. Johnson Legal description: See Exhibit A attached hereto and incorporated herein by reference. No of arttrti appox. (11) DETAILED DESCRIPTION of the use of system to be used.This well will be used commercial, industrial, and domestic in__ for single-family lots. I. • t. ground water: Household use and domestic wells must indicate type of disposal to supply ester for. .municipal,_..danestic, _ livestnr•k, uses on and within the Las Amigos Ranch P.U.D. (pendia. • multi amily areas, septic system J: ■ 'Zol • .1 (12) OTHER WATER RIGHTS used on this land, including wells. Give Reyisit dhoti ,nut Miter Court (;.e:e Mentor's. Type or tight Underground Used for (purpose) D,M,I/C; Permit No. 18147 Description ul land on whirl 11-.1-11 See Exhibit A (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BELT OF HIS KNJJWLEDGI;. SIGNATURE, OF APPL /CANT / Loyal. E. Leav rth, Attorney for applicants Musick, Williatson, Schwartz, Leavenworth & Cope, P.C. P. 0. Drawer 2030, Glenwood Springs, CO 81601 Use additional sheets of paper it more space is retlulri d