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HomeMy WebLinkAbout3.0 CorrespondenceSTATE OF COLORADO OFFICE OT THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1 31 3 Sherman Street, Room 81 8 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3s89 Roy Romer Covernor Ken Salazar Executive Director Hal D. Simpson State Engineer December 22, 1993 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Srreet, Suite 303 Glenwood Springs, CO 81601 Prince Creek Estates Subdivisron SW 1i4, Section 11, T 8 S, R 88 W, 6th P.M. Water Division 5, Water District 38 Thank you for the referral for a six lot subdivision. The applicants, David and Connie Hicks, are proposing to create six single-family lots of approximately two acres each. The proposed water supply for this subdivision is to be from the shared use of two domestic wells, permit nos. 105764 and 174240. Pursuant to Section 30-28-136(hXD, C.R.S. 1973, ttre State Engineer's Office offers the following opinion for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: The two domestic well permits were issued as the only well on parcels of 35 acres or more. The use of permit no. 174240 is limited to ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than one acre of home lawns and gardens, and the watering of domestic animals. The use of pe',rriii na. tA5764 is limited to ordinary- hcusehold purposes inside one (1) single family dwelling, the irrigation of not more than one acre of home lawns and gardens, and the watering of poultry, domestic animals, and livestock on a farm or ranch. This permit currently cannot serve more than one single-family dwelling. Our present policy on domestic wells limits the use to one single-family dwelling unless the applicant specified more than one dwelling on the application form. As of January l,1994, we will amend domestic permits issued as the only well on 35 acres or more to indicate they can serve three single-family dwellings if the following documents are submitted to this office: 1. A letter, signed by the applicant, requesting amendment of the permit, and specifying the uses desired. Mr. Dave Michaelson December 22, 1993 Page 2 2.If the applicant for the amendment is not the original applicant of record, an application for a change in ownership/address (Form No. GWS-11) and a copy of a deed showing they are the owner(s) of the 35* acres described in the existing well permit. 3. A legal description of the 35+ acre tract, if that information has not already been submitted. In order to assure that a permanent water supply will be available on an equitable basis to all lots, we recommend the following: 1. The wells should be located on an outlot owned in common by all property owners using the wells. Access to the wells and the right to establish and maintain pipelines shall be provided by easements where necessary. 2. The wells should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning management and operation of the wells. A joint maintenance agreement is a required part of such an association. Use of the two domestic wells may be shared between the proposed lots as long as the individual conditions of approval on each permit are complied with and the limitations on use are not exceeded. This will require that permit no. 105764 be amended to indicate it can serve three single-family dwellings. No additional well permits will be available on the two 35* acre parcels designated by the existing well permits without a plan for augmentation approved by water court. Under current statutes and policies, the proposed water supply appears adequate, and there is a presumption of no material injury to decreed water rights. Should you have further questions or comments regarding the water supply for this project, please contact this office at the above address. Sincerely, &/rb*,% Jeff Deatherage Water Resources Engineer cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner prince.sub STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES REFEH TO DIVISION OF WILDLIFE AN EOUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6O60 Broadway Denver, Colorado 80216 Telephone: (303) 297-1 192 For Wildlife- For People 12-29-93 Garfield County Planning 109 8th St., Suite 303 Glenwood Springs, CO 81601 Dear Dave: Prince Creek Estates proposed by David and Connie Hicks lies withinmule deer winter range and adjacent to critical- habitat on the Crown for mule deer and eIk. EIk will occasionatly utilize theproperty during winter attracted by the Iivestock winter feeding.In addition, the parcel also contains a bald eagle feeding perchsite along the southwest part of the property alonq the CrystalRiver. It is located in an old snag with some other cottonwoods around it. Wildlife impacts can be minimized by:1. Restrj-ct to 1 dog/home with kennel restriction and kennelconstructed before C.O. is issued.2. AII f encing be 42tt , 4 strand or less hrith a L2" kickspace between the top 2 strands. Any rail fencing be 48'r, 3 rail orless with at least 18tr between 2 of the rails.3. Maintaj-n 45O' buffer zone around the feedi-ng perch tree where there is no home construction. The current proposal does not impact this area.4. No fishing or residential use (Iivestock activity is o.K. )in the buffer area from Dec. 1 - March 31 each year.5. Maintain l-OO, setback along the Crystal Riveri nolivestock grazing within this area, fence if necessary. Thank you for the opportunity to comment.questions, please give me a call-. If you have any 'ereIy, Kevin Wrd-orhtDistrict"Wildlife Manager Carbondale DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Execulive Director WILDLIFE COMMISSION, William R. Hegberg, Member . Eldon W. Cooper, Member . Felix Chavez, Member . Rebecca L. Frank, Member Louis F. Swift, Secretary . George VanDenBerg, Chairman . Arnold Salazar, Member . Thomas M. Eve, Vice Chairman ffi