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HomeMy WebLinkAbout3.0 PC Staff Report 07.10.1996PC 7/10/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Sketch Plan review for the Ponderosa Subdivision proposal APPLICANT: Kenneth Rose LOCATION: A tract of land located within Section 5, T5 S, R93W of the 6th P.M.; located approximately 10 miles northwest of Rifle at 10286 State Highway 13. SITE DATA: 8.56 Acres WATER: Well SEWER: Individual Sewage Disposal Systems (ISDS) ACCESS: Direct access to SH 13 EXISTING ZONING: A/R/RD ADJACENT ZONING: North/East: O/S South/West: R/L I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is located within District C - Rural Areas/Minor Environmental Constraints as designated by the Garfield County Comprehensive Plan's Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The 8.56 acre tract is located approximately 10 miles northwest of Rifle along SH 13 and is currently utilized as a single family residential homesite and an existing mobile home occupies the site. Slope varies across the tract; however, at the steepest point, slope does not exceed 25% and the majority of the tract slopes at lesser angles. Vegetation appears to be native, with pinion juniper, sage and annual grasses scattered across the tract. B. Adjacent Land Uses: The area is largely devoted to single-family residential land uses and, to the north, Bureau of Land Management owns a sizeable tract. C. Development Proposal: The applicant proposes to subdivide the tract into two (2) parcels of 3.06 and 5.50 acres each. The larger parcel would contain the existing mobile home and the smaller parcel would be developed as a single family residential parcel. An existing well would be shared between the two parcels and individual sewage disposal systems are the proposed method of waste water treatment. III. REVIEW AGENCY COMMENTS A. Division of Water Resources: States that Permit No. 46729-F was granted pursuant to the issuance of a West Divide water allotment contract and believes there would be no material injury to decreed water rights. Noted that the submittal was insufficient for a determination of adequacy of the proposed water supply. See letter, page - . . IV. MAJOR ISSUES AND CONCERNS A. Water Supply: The applicant is proposing to share an existing, permitted, household - use only well, Permit #185364, as the water supply for the two, proposed lots. The applicant has applied to the State Engineer's Office to expand the use of the well and has contracted with the West Divide Water Conservancy District to provide a water allotment contract, #960510KR(a). See well permit application, page (p 91- 7 . Staff notes some concern for the proposed, legal water supply, as the District has included a caveat that states "Current federal policy has made it increasingly difficult to predict availability of water to West Divide. While we cannot guarantee that we can make any water available to you under this contract, we will continue to do everything possible to assure availability of the federal water while we develop alternative supplies." See West Divide letter and Contract, pages c' /1 . This language would seem to indicate that a legal water supply cannot be assured by the District. Water Quantity: The well construction and test report, completed on April 10, 1996, indicates the static water level in the well was located at 45 ft. in a 250 ft. deep well and the well produced 0.75 gpm in a six (6) hour test. It appears that the water producing interval in the well is between 230 and 25'0 feet. See the well completion report, page -/0 . No recharge characteristics were provided with the sketch plan submittal, but given this information, staff has some doubt concerning a reliable, long-term water supply from this well. As noted in the DWR letter, adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer, which address the quality, quantity and dependability issues. Additionally, it appears the applicant is proposing two (2) 1500 gallon water storage tanks that would serve the individual lots. No water quality information has been submitted with the application, so staff cannot attest to the reliability of the water supply. Staff would suggest the applicant provide this information in a preliminary plan submittal. Easements around and to the existing well are shown and appear to be adequate. It will be necessary to record a "Well - sharing Declaration" and appurtenant covenants as well as turn -over the well permit and West Divide Contract to a Homeowner's Association. B. Sewer: The stated method of waste water disposal is the use of ISD systems for the individual lots. Proposed lot #2 is currently served by an ISDS, for which percolation test results have been provided, indicating that a conventional ISD system could be located on the smaller lot. See perc test, page -1 9 — . According to the Soil Conservation Service, soils on-site are predominantly within the Nihill channery loam classification, typically deep and well -drained soils. When used for community development and the placement of ISD systems, these soils are considered by the SCS to have severe constraints. Given this information, it is conceivable that an engineered septic system may be required and staff suggests that a site specific percolation test be performed prior to preliminary plan submittal. C. Zoning: The subject tract is located within the A/R/RD zone district and both proposed lots meet the two (2) acre minimum lot size requirement. It appears that slope would not be a constraint to development of either lot, as it does not exceed 40%. D. Access: Access to the lots would be from the historical access point that would be developed as a shared easement, proposed to be 24 feet wide. The access would be required to meet, at a minimum, Primitive Residential standards, which requires a right -of -way of 30 feet, a single lane width of 12 feet, with no shoulders. Staff would not discourage the specified 24 foot access easement as depicted on the sketch plat; however, it would be necessary to reserve a minimum, 30 foot ROW. It appears that there is an existing drainage gully that would need to be spanned to provide access to the designated building envelope for Lot 1. Staff sees no special problems with this issue as long as it is constructed in a way that does not restrict the historic flows. Staff suggests that, with the preliminary plan submittal, the applicant include an expanded access permit from the state highway department. Fire Protection: Included within the sketch plan is a letter from the Rifle Fire Protection District that suggests this subdivision would not materially impact the ability of the District to provide services. The District does request that the applicant create defensible space around the dwellings and instructs the applicant to work with neighbors to identify water supplies for fire fighting purposes. See letter, page ao Utilities: It appears that the necessary electrical and telephone utilities are in place to serve the new lot that would be created by this proposal and staff sees no significant issues in the provision of these utilities. There is an existing, 125 ft. electrical easement that crosses portions of both proposed lots that could affect development of the property. However, it appears that building envelopes have been designated with this limitation in mind. The Sketch Plan process is purely informational. Completion of the Sketch Plan process does not constitute approval of the proposed plan. The Sketch Plan comments shall be valid for a period not to exceed one (1) year from the date of the Planning Commission review. If a Preliminary Plan for the proposed subdivision is not presented to the Garfield County Planning Commission within this period, the applicant shall submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application. STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Mr. Eric McCafferty Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 June 21, 1996 i:,tf Ti; r JUN 2 0 1446 RE: Ponderosa Subdivision SW 'A , Section 5, T 5 S, R 93 W, 6th P.M. Water Division 5, Water District 39 Dear Mr. McCafferty: GAFFiLD COUNTY Roy Romer Governor James 5. Lochhead Executive Director Hal D. Simpson State Engineer We have reviewed the proposed subdivision application to create two single family Tots on 8.56 acres located approximately 8 miles northwest of the City of Rifle. The proposed water supply is to be provided through a shared well. On June 20, 1996, permit no. 46729-F was issued for the expansion of use of an existing well, permit no. 185364. Permit no. 46729-F was issued pursuant to a water allotment contract with the West Divide Water Conservancy District, and allows the well to be used for ordinary household purposes inside two single family dwellings, the irrigation of a total of 24,000 square feet of lawns and gardens, and the watering of domestic animals. Pursuant to Section 30-28-136(1)(h)(I), C.R.S., we believe the proposed water supply will not cause material injury to decreed water rights, however, there is insufficient information in the submittal to comment on the adequacy of the proposed water supply. As outlined in the statutes, Section 30-28-133(3), C.R.S., the subdivider is required to submit adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water. Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer, which addresses the quality, quantity, and dependability issues. A report of this nature was not submitted with the referral. The attached Water Supply Information Summary should be used as a guide in assuring that a complete water supply plan is provided to our office. Should you have further questions or comments regarding the water supply for this project, please contact Jeff Deatherage at this office. Sincerely, Steve Lautenschlager Assistant State Engineer SPL/JD/jd cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner' COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 RESIDENTIAL*(Note: You may also use this form to apply forGvestock watering) ii RECEIVED MAY 2 PkELUMI ARI l 1 Review instructions prior to completing form 1996 Water Well Permit Application Must be completed in black ink or typed 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) J r'""'aaf aPcscant KOYl{. ((��❑ S KO S -e See instructions to deterrnine use(s) for which you may quaG fY — A. Ordinary household use in one single-family dwelling (NO outside use) IN B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: �. Yrw Vdr-a 102' -SCO -- /_/ 4 13 garden/lawn irrigation, not to exceed 1 cr area irrigated a-MCX0 j$ sq. ft. ill cre Cay 1 state Zip code f1R1Home R l �� `� -c_-- �� csi L, 0 53 Domestic animal watering — (non-commercial) ■ C. Livestock watering (on farm/ranch/range/pasture) T.weene Number fa-cade area poet! 2. TYPE OF APPLICATION (check applicable box(es)) ❑ Construct new well Xi Use existing well ❑ Replace existing well JEI Change / Increase Use 0 Change (source) aquifer 0 Reapplicationaxpired name) ❑ Other: 7. WELL DATA ""'''"°"'" /s gpm wawa amount to be yes acre-feet Total depth as -c) f feet Aqufer %U Cruvw &-f— c.rrck, ()DLO l2.4'()[ 2 3. REFER TO (if applicable): Water court case r Pemut ;< 1 S S-3 1 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM cd. Septic tank / absorption leach field 0 Central system District name: Verbal r -VE- Monrtonng hole acknowledgment t MH- • Vault Location sewage to be hauled to: wee name or 1 0 Other (attach copy of engineering design) 4. LOCATION OF WELL `^ CountyQuarter/quarter fir; cf a s LJ % Quarter s ,,, 9. PROPOSED WELL DRILLER (optional) Karns.. / �-fr CO"( I 1 number Section S Township N or S S •:• Range E or W -:__3 in ® Pr nc .r Mr.d.an (off 10. SIGNAT RE of applicant(s) or authorized agent Distance of well from section lines ) 33 j ft. from 0 N 17iil S�9, It from ■ E ca w The making of false statements herein constitutes in the second degree, which is punishable as a demeanor pursuant to C.R.S. 24-4-104(13)(a). the statements herein, know the contents thereof that they are true to my knowledge. perjury Cass 1 mis- I have read and state WSd fwoon addle e. M oftenex teem a ece=or" aodrs fir aceeetaese' Fee ,e...cam+ere ,wee. arty - e0110ano. and °•rat'°^ from, oil wail to more .Ne" feet direction MutbJedno.-e.yn.tue A--<((let-L-4,- 277.) 5 f 5. TRACT ON WHICH WELL WILL BE LOCATED A. You mart check one of the following - see atetructions ❑ Subdivision: Name Troes O(,v Y\e, V Date Si l6154/ Lot no. Block no. Filing/Unit OPTIONAL INFORMATION ❑ COunty exemption (attach copy of county approval & survey) Name/no. Tract no. USGS map name DwR nap no, Su -face way. • Mining claim tattactt copy of deed or survey) Name/no. Office Use Only 3.- DIV -P- Other (attach legal (i.scription to application) CO -23 WD 3 F B. STATE PARCEL ID# (optional): )'-3 — Z I -:,9 ,c).-3 coo co / BA C. s acres in tract D. Are you the owner of this property? EYES ■ NO Cif no - see detailed inst.) USE MD E. Will this be the only well on this tract? I .YES ■ NO Gf other wells are on this tract - see detailed Inst.) Form GWS44 (11/95) Form No. OFFICE OF THE STATE ENGINEER --erat s . COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 APPLICANT KENNETH S ROSE BOX 1632 RIFLE CO 81650 ( 303) 625-4454 PERMIT TO CONS I HUCT A WELL uc WELL PERMIT NUMBER Zs5 3( 4 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 5 Twp 5 S RANGE 93 W 6th P.M. DISTANCES FROM SECTION LINES 1275 Ft. from South Section Line 750 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as a reapplication for expired permit no. 138248, and as the only well on a residential site of 6.23 acres described as that portion of the SW 1/4 of the SW 1/4 of Sec. 5, Twp. 5 South, Rng. 93 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A' as the Rees Exemption. 4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The retum flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is retumed to the same stream system in which the well is located. 7) This well sha!! be constructed not more than 200 feat from the loco iorn spec- 13d on this permit APPROVED JD2 PUWP INSTALLER'S COPY Receipt No. 0380741 DATE ISSUED MAR 1 11 1995 4/.:+' EXPIRATION DATEMAR 1 Lf 1997 WEST DIVIDE WATER CONSERVANCY DISTRICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Treasurer/Alternate Sec. LaVerne Starbuck 3106 C. R. 342 Silt, CO 81652 Secretary William M. film 0090 Sunlight Dr. Glenwood Springs, CO 81601 May 16, 1996 Kenneth S. Rose 10286 Hwy 13 Rifle, CO 81650 Dear Mr. Rose: Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 LaVerne Starbuck 3106 C.R. 342 Silt, CO 81652 Larry S. Axthelm 1002 Cooper Ave. Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Enclosed is your approved contract #960510KR(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its storage water from Ruedi Reservoir and Green Mountain Reservoir. Current federal policy has made it increasingly difficult to predict availability of water to West Divide. While we cannot guarantee that we can make any water available to you under this contract, we will continue to do everything possible to assure availability of the federal water while we develop alternative supplies. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide. You will be provided with a special form for this purpose upon notification that your well has been drilled. Kenneth S. Rose May 16, 1996 Page 2 Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, L Mad d oct_) anet Maddock Administrative Assistant Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure District No. 45 Water Resources w/enclosure Edward J. Currier, P.E. w/enclosure Contract No.-960510KR(a) Map ID No. 217 Date Activate. 05/15/96 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name V..r hv�c.}-� S i2vs{ Address 1 U 3 8 Co 1-kh-1 1 'S R% Fit Co $ ! (SQ Telephone Number 17-0/ 6.07-5--1446-4 Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT Name of Right, Type of Structure or Right lkae 1 l Location of Point of Diversion "4-54 ' % 4kI- !' O� ScJ S ) 1331 Ta So,/ ); •.f o� Water Court Case No. Well Permit No . j SS2) L.14 C. INTENDED USE OF LEASED WATER 11 A Location of Area of Use Set a X� to; t A h-4..keiX , Description of Use .o.rebk-i'r- o5t 12,006 59 Al- e) ta_4A_)v4 G-CLd Pk_ rto ► . 0 v r1".e. 2c..+ & t j ►x s 'ptr2Q piZ , Number of Dwelling Units a Total Acreage ? . (o Proposed Potable Water System r e 5 54- 4-c dC (low Proposed Waste -Water Treatment System p.L.'c .;.-. Projected Monthly Volume of Leased Water Needed in Gallons: Jan. Feb. Mar. Apr. -p May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet o� Maximum Instantaneous Demand ZO gpm D. OTHER REMARKS _s Signature S )10 19(t —/0 - Date Signature EXHIBIT A LEGAL DESCRIPTION: A parcel of land in oil that part of the SW1/4 SW1/4 of Section 5, Township 5 South, Range 93 West of the Sixth Principle Meridian of Garfield County, Colorado that lies North and East of the right—of—way of Colorado Highway 13, being more particularly described as follows: Beginning at the intersection point of the Northeasterly Right—of—way of Colorado State Highway 13 and the North line of said SW1/4 SW1/4, Whence the South 1/16 corner common to Sections 5 and 6 bears S 89'49'00" W o distance of 232.46 feet. Thence S 57'57'35" E along said right—of—way a distance of 1282.63 feet to the intersection point of the said right—of—way and the East line of said SW1/4 SW1/4; thence N 00'20'53" E along the East line of said SW1/4 SW1/4 a distance of 683.96 feet to the Southwest 1/16 corner of soid Section 5; thence S 89'49'00. W along the North line of said SW1/4:SW1/4 a distance of 1091.41 feet to the point of beginning, containing 8.56 acres more or Tess. Contract 1 960510KR (a ) Map ID # 217 Date Activated /15/96 WEST DIVIDE WATER CONSERVANCY DISTRICT Name of Applicant: Water Allotment Contract nr‘c LI- 5 Qo Quantity of water in acre feet Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the 'District') for an allotment contractto beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to: the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be.limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District., and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Dse: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be•built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation -not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority•at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees; may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required -in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or'losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intentd In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative cnarge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with this application for consideration by the District. -2- Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure -of the. Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the Applicant's rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an 'Operation and Maintenance Agreement' with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- determines in its sole discretion that such an agreement is' required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. -4- /5 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled *Application for Purchase of Waters from the West Divide Water Conservancy District' fully completed by Applicant and approved by the District's engineer. Said attachments shall by this referencethereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. APPLICANT: APPLICANT: tCstL� S 2 APPLICANT ADDRESS: 10.19 (e. litwr 13 gcte cO_ STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this )Q day of Tf\CLn , 1916, by K Ont,rt P,os c Witness my hand and official seal. My commission expires: \� -q- q9 rrnrt_ NoC�1 Puolic ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT President ATTEST: Secretary Date This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- - /6 FORM NO, G14.31 11/90 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFF=ICE OF THE STATE ENGINEER For Odic* Use on 1. WELL PERMIT NUMBER RS 3 Co 2. OWNER Mailing City, Phone `_J NAME(S) 1,7-t {1►'1 H'� 5 r2c) < Addressr kcg 1, 1.lw. 11 St. Zp _: i l e 0,0 e/ G 5 ) (84.40) Cc 2•5- 44 5L- 3. WELL LOCATION AS DRILLED: ,5 (,J 1/4 S c.J 1/4, Sec. 5 Twp. 5.5 , Range 4 A ch.) , DISTANCES FROM SEC. UNES: `` 131 ft. from Se 34-k Sec. 6ne. and -7-9(,, ( ft from- W tb 4- Sec. line. OR FIUNG(UNIT) SUBDIVISION: STREET (Hort, of scum) (east or need LOT BLOCK ADDRESS AT WELL LOCATION: 4. GROUND DATE SURFACE ELEVATION ft.DRILUNG METHOD 7f O ,p !/ .4 // / l d7f/ COMPLETED '-- - . TOTAL DEPTH ft DEPTH COMPLETED )f T ft 5. GEOLOGIC neve LOG: OeaeriptIon d Mreriai (Type. 8a, Color. Want Location) TI 6. DIAM. (in.) Fro (ft) To) I qQ r -. - �,r4 a . 7. PLAIN CASING oo�?)Te e / Wall From(ft/, ') ?� v 9.. 1-/. .7-1.A. , / , ` / �f p v a—./ .o -1,r7-..cA.›. ,, ?'C _ 7-/2 -44, 5"t -',..„P . PERF. CASING: Screen Slot Size: t' L/C e;, .._,;0 --i--9O 7.2-L7-7 ,-- -i <-0--Y,_ ... yyl-if()-- .,:,�v f. fie; . 8 FILTER PACK Mate ' - eci,.�f 9. PACKER Type Depth PLACEMENT: Sze Interval -I c - t c, 10. GROUTING Material Amount _L RECORD: Density IriteN1 Placement 1 pd -.&/L, , REMARKS: io -7- l , __ 11, OjS1NFcCTION: Type za-�^^�� Amt. Used , 12 WELL TEST DATA: E Check box if Test Data is submitted on Supplemental Forrn. - • I - TESTING Static Pumping Remarks METHOD t I- / __.2 Level _=145 ft. Oate/T Tme measured level ft Date/time measured - - - 9 6. , , Production Rate (hrs.) 4 gprn. , Test length . 13. 1 have reed of tame CONTRACTOR Mailing the staternr+s made herein and know the cordons thrsot, and that they tee rue 10 my ietow.dge. (Pursuant 10 Section is 1 rtredrreuwr.) 24-4-104 (1-1(1) GA$. Ile man; 2 �j - No.1,%,/. staarmers herein commuter penury we the second degree and prrdheble as a class , Phone ) �6';,Q66y %ri7- /"574% e r•(//i7sc,2- L4Jc !/5 //y' 00 Address , Name/Title (Please type or print) Signature -/E..... T Date vs GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 2014 Blake Avenue Glenwood Springs, Colorado 81601, Phone (303) 945-8241 INDIVIDUAL SEWAGE DISPOSAL PERMIT? Owner RICHARD & AWILDIA FOWLER 1213 •I This does not constitute a building or use permit. System Location 10286 Hwy 13, Rifle Licensed Installer owner Conditional Construction approval is hereby granted for a XXXX Septic Tank or Aerated treatment unit. Absorption area (or dispersal area) computed as follows: Perc rate of one inch in o 1,000 gallon minutes requires a minimum of 3z 3 sq. ft. of absorption area per bedroom. Therefore the no. of bedrooms 3 x _2 3 sq. ft. minimum requirement = a total of 9to 9 t A / q ft of absorption area. May we suggest 42�.,X67 X3deeA O/" /8 jC,�'!� < -3,ieef, Date !/ /r/811 Inspector ?'" �� e7/ C` j' -�l FINAL APPROVAL OF SYSTEM: No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover- ing any part. ©7\ Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground surface. DA Proper material and ass bly. �� Tra na e o septic a k or aerated tre mens unit. Ac. Adequate absorption (or dispersal) area. 0Ki� Adequate compliance with permit requirements. 0 V\ Adequate compliance with County and State regulations/requirements. Other Date 7/ Z 7/ 2 -- RETAIN WITH RECEIPT RECORD 0 h #.-- ta/Lk_ CONSTRUCTIO IT `CONDITIONS: 1. All installation must comply with all requirements of the County Individual Sewage Disposal Regulations, adopted pursuant to au- thority granted in 66-44.4, CRS 1963, amended 66-3-14, CRS 1963. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a viola- tion of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Section IH, 3.24 requires any person who constructs, alters, or installs an individual sewage disposal system in a manner which in- volves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense (S500.00 fine — 6 months in jail or both). Applicant: Grain Copy D•F artm•nt: Pink Copy (TO BE RETURNFD TO BLDG. & SANI. DEPT.) RIFLE FIRE PROTECTION DISTRICT Ken Rose 10286 Highway 13 Rifle, Colorado 81650 April 16, 1996 Re: Subdivision Mr. Rose, As per our discussion on April 12, the Rifle Fire Protection District teas reviewed your proposed subdivision of the property located at 10286 Highway 13. As we had discussed, your intentions are to take the property and split it into two parcels of approximately equal size. The intentions for the new piece of property are to put one single family dwelling on the parcel. This action does not make any significant impacts on fire protection requirements of the District. The main concern, as we had discussed, is that a defensible space should be created around the structure to help and protect it in the event of a wild land fire. Obviously, though not required, I would encourage you to work with the Fire District and your neighbors to identify potential water supplies for any fire suppression activities which may arise in the future. The Rifle Fire Protection District finds that this proposal complies with the current standards adopted by the District. Thank you for your cooperation and feel free to contact me if I can be of further assistance. Mike Morgan Fire Marshal Rifle Fire Protection District Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650