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Home My WebLink About1.0 Applicationa • March 21, 1983 Garfield County Planning Director 2014 Fake Avenue Glenwood Springs, Colorado 81601 Dear Sir, Please find accompanied herewith the information required for the 'sketch plan' of the proposed "The Cedars" Subdivision. We are requesting review of this sketch plan. We understand the review fee to be $50 + $1/acre and enclose a check in the amount of $130. Under Section 4.01.01 Garfield County Subdivision regulations - Sketch Map, find 12 prints of "The Cedars" sketch plan. On it are shown under 4.01.01 A, Items 1,2 and 3. Item 4, the sewer system, is proposed as septic tanks and leach fields for each lot and for the condominiums. Items 5 thru 10 are included on the sketch plan. Under Section 4.01.01 B, find 2 copies of the soil characteristics and maps pro- vided by the Soil Conservation service. It is believed that Item 3 on radiation hazard does not apply here. Under 4.01.01 C Vicinity Map, see topographic map on sketch plan. Under 4.01.02 Item 1, find copy of deed to property herewith. Item 2 the total development area is shown on the sketch plan with a table of land usage. Under Item 3, 24 dwelling units are proposed; 16 family lots and 8 condominium units. Under Item 4, the developer has completed a water augmentation plan that has been approved by the Commissioners. (Documentation herewith). It is estimated that 12,000 gallons per day will be used. Under Item 5, it is proposed that sewage be treated by individual septic systems, and by a joint system for the condominiums, treating the eight units. cont'd • 1 - 2 March 21, 1983 Garfield County Planning Director Under Item 6, estimated construction costs are as follows: 49//b?, Roadways Water distribution system '!4/6 rorr, Under Item 7, the property is split by County Road No. 309 and interior access roads are shown on the sketch plan. Yours sincerely, Carl V. Pitts • • Nap Unit No. X87 Part A SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification : 10-20 inches .Loam Clay loam to loam : Bedrock CL Permeability : Slow Percent coarse fragments : 0 (greater thag 3 inches) Salinity (ECx10 0 25°C) • pH (surface) : • 6.6-7.3 Shrink -swell Potential : Moderate Potential frost -action (surface) : Moderate Flood Hazard : None Hydrologic Group : D Corrusivity Steel (uncoated) Nigh Concrete : Low DEGREE ;:.IND OF LIMITATIONS (0 is +;ht, M is Moderate, S is Severe) Septic Tan" Absorption Fields Sewage L a� ons Sanitary LPndfill Trench Area S Depth to rock, slope, perce slowly : S Depth to rock, slope : S Depth to rock,=slope . S Slope Shallow 7,;:,-,uvations : S Depth to rock, slope Dwellings w/basements : S Depth to rock, slope w/0 basements : S Depth to rock, slope Local Roads & Streets : S Depth to rock, slope, low strength SUITABILITY AS A SOURCE OF... Daily Cover for Landfill : Poor Thin layer, slope, area reclaim Roadfill : Poor Thin layer, slope, area reclaim Sand : Unsuited. Gravel : Unsuited Topsoil : Poor Slope, area reclaim SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION ;ap Unit No. X87 Part B SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater than 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete :20-40 inches :Loa ;Gravelly loam :Gravelly clay loam CL -ML, ML, GM -GC, GM, GC Moderate • 0-10 • 6.1-7.4 Low :Moderate :None •C High Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil S Slope, depth to rock S Slope, depth to rock S Slope, depth to rock ▪ S Slope S Slope, depth to rock ▪ S Slope ▪ S Slope, depth to rock S Slope Poor Slope, thin layer, area reclaim Poor Slope, thin layer, area reclaim • Unsuited Unsuited Poor Slope, small stones, area reclaim SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • • X87-Bucklon-Inchau loams, 25 to 50 percent slopes. These mod- erately sloping to very steep soils are on ridges and mountain- sides. These soils formed in sandstone and shale residuum. Elevation ranges from 7,000 to 9,500 feet. The average annual precipitation is about 19 inches, the average annual air temperature is about 40 degrees F., and the average frost -free period is less than 75 days. The Bucklon soil makes up about 55 percent of the mapping unit, and occupies the more steeply sloping convex portions of the landscape. Inchau soil occupies the slightly concave areas and makes up about 35 percent of the mapping unit. Included with these soils in mapping and making up 5 to 10 percent of the unit are small areas of Cochetopa, Cimarron, and Jerry soils. The Cochetopa and Jerry soils are on 25 to 50 percent slopes. The Cimarron soil occupies small drainage ways on 2 to 12 percent slopes. The Bucklon soil is shallow and well drained. An organic layer may occur on the surface in some areas. Typically, the surface layer is dark grayish brown loam about 5 inches thick. The upper part of the underlying material is grayish brown clay loam or channery loam about 10 inches thick over shale and sandstone bedrock. Permeability of the Bucklon soil is moderate over bedrock. Effective rooting depth is less than 20 inches. Available water capacity is very low. Surface runoff is medium and erosion hazard is high. • • X87-Bucklon-Inchau loams 2 Inchau soil is moderately deep and well drained. An organic layer may occur on the surface in some areas. Typically, the surface layer is grayish brown loam about 3 inches thick. The subsoil is yellowish brown clay loam about 15 inches thick. The substratum is yellowish brown gravelly clay loam about 18 inches thick over sandstone and shale bed- rock. Permeability of the Inchau soil is moderate over bedrock. Effective rooting depth is less than 40 inches. Available water capacity is moderate. Surface runoff is medium and erosion hazard is high. These soils are used mainly for wildlife habitat and limited grazing by livestock. The native vegetation on these soils is mainly Gambel oak, service - berry, elk sedge, and brome grasses. When the range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are numerous. Proper grazing management maintains and improves range condition. Seeding and brush removal are not practical because of steep slopes. Wildlife using these soils for habitat include mule deer, elk, snowshoe rabbit, squirrel, and blue grouse. These soils are limited for community development by steep slopes, depth to rock, and low strength. Capability subclass VIIs. /' /i? n7 Ada ,r(ow lap Unit No. LODE SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil . More than 60 inches. . . Stony loam Substratum : Gravelly sandy loam, very gravelly fine Unified Classification . GM, SM sandy loam Permeability . Moderately rapid Percent coarse fragments 0-�5 (greater thaq 3 inches) Salinity (ECx10 @ 25°C) pH (surface) : 7.9-8.4 Shrink -swell Potential Low Potential frost -action (surface) Low Flood Hazard None Hydrologic Group B Corrosivity Steel (uncoated) High Concrete . Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields S Slope Sewage Lagoons • S Slope, seepage Sanitary Landfill Trench • M Seepage Area • S Slope • S Small stones, slopes Shallow Excavations Dwellings w/basements S Slope w/0 basements S Slope Local Roads & Streets S Slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Poor Small stones, slope Roadfill Fair Slope Sand Poor Gravel Poor Topsoil Poor Small stones, slope, excess lime SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION L3DE-Ildefonso stony loam, 6 to 25 percent slopes. This deep, well drained, moderately sloping to hilly soil is on mesas, benches, and valley sideslopes. It formed in mixed alluvium, primarily of basalt origin. A thin cap of reddish colored eolian soil material is found intermittently on this soil. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 1L inches, the average annual air temperature is 46 degrees F., and the average frost-free period is about 125 days. Typically, the surface layer is brown stony loam about 2 inches thick. The subsurface layer is brown stony loam about 6 inches thick. The underlying material is white, very stony loam that is very strongly calcareous and extends to a depth of more than 60 inches. With this soil in mapping are small areas of Potts and Ascalon soils. These soils are on the less sloping part of the unit and make up 5 to 15 percent of the mapping area. Permeability of the Ildefonso soil is rapid. Effective rooting depth is 20 to 30 inches. Available water capacity is low. Surface runoff is medium and erosion hazard is moderate. Ildefonso soil is used mainly for livestock grazing and for wild- life habitat. The native vegetation on this soil is mainly pinyon pine and Utah juniper. The understory vegetation consists of Indian ricegrass, needle- andthread, beardless wheatgrass, junegrass, stemless goldenweed, low phlox, serviceberry, bitterbrush, mountainmahogany, and big sagebrush. • • 43DE-Ildefonso stony loans 2 When the vegetation deteriorates under the pinyon-juna,per, grasses almost disappear and forbs and woody shrubs increase. Proper management of the vegetation on this soil will maintain a wood product and grazing value. Selective thinning of the pinyon pine and juniper overstory improves the value of the understory for grazing and provides firewood, posts, and Christmas trees. This soil is suited to the production of pinyon pine and Utah juniper. It is capable of producing 9 cords of wood per acre when the stand attains an average diameter (at one foot) of five inches for trees over 4.5 feet in height. The low available water capacity can influence tree seedling survival. Wildlife using this soil for habitat include mule deer, chukar, wild turkey, gray squirrel, and cottontail rabbit. Ildefonso soil is limited for community development by a high content of stone. It is easily eroded and structures to divert runoff are needed for any roads constructed on this soil. Capability sub- class VIe. C)1- if); '' r- lap Unit No. 43F - Q.Qs 002_F s,'CGf SOIL CHARACTERISTICS Depth to bedrock Texture Surface . Stony loam Subsoil Substratum . Gravelly sandy loam, very gravelly fine Unified Classification : GM, SM sandy loam : More than 60 inches' . Permeability . Moderately rapid Percent coarse fragments 0-25 (greater thaq 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete • • • • 7.9-8.4 Low Low None B High Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields S Slope Sewage Lagoons S Slope, seepage Sanitary Landfill Trench • S Slope Area • S Slope Shallow Excavations S Slope, small stones Dwellings w/basements S Slope w/0 basements S Slope Local Roads & Streets S Slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Poor Slope, small stones Roadfill Poor Slope. Sand Poor Gravel Poor Topsoil Poor Small stones, slope, excess lime SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • • Scc►nc q s 43F-Ildefonso stony loam, 25 to 45 percent slopes. This deep, well drained, hilly to steep soil is on mesa breaks, valley sideslopes, and alluvial fans. A small portion of this unit is found on very steep to extremely steep mesa escarpments. It formed in mixed alluvium, primarily of basalt origin. A thin cap of reddish colored eolian soil material is found intermittently in this mapping unit. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F., and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 2 inches thick. The subsurface layer is brown stony loam about 6 :inches thick. The underlying material is white very stony loam that is very strongly calcareous and extends to a depth of more than 60 inches. Included with this soil in mapping are small areas of Potts and Ascalon soils. These soils are found on the less steep and depressional areas of the landscape. They make up about 5 to 15 percent of the unit. Permeability of the Ildefonso soil is rapid. Effective rooting depth is 20 to 30 inches. Available water capacity is low. Surface runoff is medium and erosion hazard is high. Ildefonso soil is used mainly for limited grazing and for wild- life habitat. The native vegetation on this soil is mainly pinyon pine and Utah juniper. The understory vegetation consists of Indian ricegrass, beard- less wheatgrass, junegrass, stemless goldenweed, low phlox, serviceberry, • • as x ioz- F 43F-Ildefonso stony loam 2 bitterbrush, mountainmahogany, and big sagebrush. When the vegetation deteriorates under the pinyon -juniper, grasses are almost absent while forbs and woody shrubs increase. Proper manage- ment of the vegetation on this soil will maintain a wood product and ground cover. Grazing value is low because of steep slopes and tree canopy cover. Firewood, posts, and Christmas trees may be obtained on the more gentle slopes. This soil is suited to the production of pinyon pine and Utah juniper. It is capable of producing 9 cords per acre when the stand attains an average diameter (at one foot) of five inches for trees over 4.5 feet in height. The low available water capacity can influence tree seedling survival. Steep slopes and a high erosion hazard will influence harvesting operations. Some of the wildlife using this soil for habitat include mule deer, chukar, wild turkey, gray squirrel, and cottontail rabbit. Ildefonso soil is limited for community development by a high content of stones and steep slopes. It is easily eroded and runoff diversion structures are needed for any roads constructed on this soil. Capability subclass VIIe. .% i i J L! . r' ,' q3DE 1-137 k67 t. .., .... ...... s. Recorded at ../ 'clock Reception No. 3a WILMER BALLOU EAMES whose address is 14390 East Marina Drive, Apt.501, Aurora County of Arapahoe and state of Colorado and ALICIA EAMES CLAGETT whose address is 2011 Merrihills Dr. S. W. Rocheste County of Ohmsted Minnesota , for the consideration of One hundred twenty thousand dollars, in hand paid, hereby sell(s) and convey(s) to CARL V. PITTS , State of whose legal address is 4841 Squire Dr. Indianapolis , and State of Indiana County of Garfield BOOK 56ti PAGE 16 ecorder. DEC 17190 Iprifprrett LEE County of the following real property in the , and State of Colorado, to wit: E 1/2 NW 1/4 Section 11, T7S, R95W, of the 6th P. M. containing 80 acres more or less, along with 50% of all oil, gas and mineral rights appurtenant to said property. also known as street and number with all its appurtenances, and warrant(s) the title to the same, subject to patent reservations and exceptions; taxes for the year 1980; ease- ments, rights-of-way, restrictive covenants, and mineral rights reservation of record; and zoning ordinances and other governmental or special district laws, ordinances or regulations. Signed this � day of December 19 80 STATE OF COLORADO, County of Arapaho,iv, 01 44, 61 .` 1t . .,.d ! d The foregoing instrument was acknowledge rbe me'this _ day of December -,1980 ,hr `-40.4x7" Wilmer Ballou Eames `WILMER BALLOEAMES ALICIA EAMES CLAGETT 7� 0 My commission expires ///%/e/ Witness my hand and official seal. - •p�_� ,L, V No. 897. Warranty Deed—Short Form - Bradford Publishing Co., Denver, Colorado 11-79 pP I 00 310313 No. WARRANTY DEED SHORT FORM WILMER. _R,ALLOU EAMES and ALICIA EAME$...CLAGETT TO le CARL V. PITTS STATE OF crAIRFIEL0 } ss. County of 1 1 hereby certify that this instrument was filed for record in my office, at /7 fr o'clock ._ 17-._M., DEC 17-.1980.., 19 and is duly recorded in book Page Film No. Reception No. .y Fee $ % `C mail to: ..Rif.le.. Realty Co. _Inc. (or return to)p Box #5 Parachute,... Co-lorado 81635 Send future tax statements to: - Carl- V. Pitts 4841 Squire Dr. Indi an,apol i s, Tndi aria 46241 BRADFORD PUBLISHING CO DENVER X f J '-3 (') (n N- 1-.0 fv J O -3 nH "iO ,-<0 H- i (D O '=1 HI '< UI 0 O H- (D H. 0 H PO g w Z (D m trl PJ (D II N- rt cc) X m 0 ¢ H. `- n ai >1 (D O (n H5 Hh c N -n o (-I- n F--'&) K m U1 `C >s A' m ` I- 0 H ,t)0 w E I-, tr1(D SD Cl. 5t -R (D (D wa ti 0 4T 3aVct295 XOOfl TA Duane Woodard Attorney General Charles B. Howe Deputy Attorney General Joel W. Cantrick Solicitor General CT,h ' ,tatt' of Totura}n DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL February 15, 1983 Loyal E. Leavenworth Leavenworth, Patrick and Lochhead, P.C. 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, Colorado 81601 RE: APPLICATION OF CARL V. PITTS, Case No. 81 -CW -506 Dear Lee: LEAVENWORTH, PATRICK & LOiA EAO PC STATE SERVICES BUILDING 1525 Sherman Street, 3rd. FI. Denver, Colorado 80203 Phone 866-3611 & 866-3621 I have consulted with the State Engineer and I am satisfied that he will approve your proposed decree subject to the minor language changes in paragraphs 10, 13, 20, and 21 which we have already discussed (see attached copy of the decree with changes marked) plus several additions at page 7. I have labeled these suggested changes inserts Nos. 1 and 2 and have indicated where in page 7 they would be inserted. Insert No. 1 Within sixty days of the entry of this decree, the applicant shall apply to the State Engineer for well permits for the Pitts Wells Nos. 1 through 4. Insert No. 2. except that such permits shall not be issued until all augmentation facilities are constructed and operational and measuring devices satisfactory to the division engineer have been installed. Well permits Nos. 117922 and 11.7923, previously issued to the applicant for exempt wells at the site of the proposed residential development, are hereby ordered cancelled. • 1 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Case No. 81CW506 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CARL V. PITTS IN THE COLORADO RIVER OR ITS TRIBUTARIES IN GARFIELD COUNTY ) ) ) RULING OF THE REFEREE The above -entitled Application for Surface Water Rights, for Water Storage Right, for Underground Water Rights, Change of Water Rights and Plan for Augmentation in Case No. 81CW506 was filed on December 31, 1981. The case was referred on , 1982 to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court. 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, §37-92-303(1), and therefore, on March 30, 1982, ordered that in accordance with C.R.S. 1973, §37-92-303(2), the case be re-referred to the Water Judge of Water Division No. 5, State of Colorado. Subsequently, on , 198 , the case was again referred to the Water Referee. The undersigned, as Water Referee, having made such investi- gations as are necessary to determine whether or not the state- ments in the said Application are true, does hereby make the following determination and Ruling as the Water Referee in this matter, to wit: 1. The name and address of the claimant is Carl V. Pitts, c/o Leavenworth, Patrick & Lochhead, P.C., P. O. Drawer 2030, Glenwood Springs, CO 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 the Grand River Ditch Company. 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 , 1983, a Stipulation was entered into between the Applicant and the Grand River Ditch Company 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. 5. The underground water rights set forth below have been applied for by the Applicant and are to be augmented pursuant to the terms of this decree: a. Pitts Well No. 1, to be located in the Northeast Quarter of the Northwest Quarter of Section 11, Township 7 South, Range 95 West of the 6th P.M.; whence the Northwest Corner of said Section 11 bears north 80° West a distance of 2,000 feet. b. Pitts Well No. 2, to be located in the Northeast Quarter of the Northwest Quarter of Section 11, Township 7 South, Range 95 West of the 6th P.M.; whence the Northwest Corner of said Section 11 bears north 64° West a distance of 2,200 feet. c. Pitts Well No. 3, to be located in the Southeast Quarter of the Northwest Quarter of Section 11, Township 7 South, Range 95 West of the 6th P.M.; whence the Northwest Corner of said Section 11 bears north 51° West a distance of 2,600 feet. d. Pitts Well No. 4, to be located in the Southeast Quarter of the Northwest Quarter of Section 11, Township 7 South, Range 95 West of the 6th P.M.; whence the Northwest Corner of said Section 11 bears north 41° West a distance of 3,000 feet. Each well has a proposed yield of 35 g.p.m. (0.078 c.f.s.) con- ditional, for municipal, domestic, irrigation, and fire protec- tion purposes. Each well has an appropriation date of December 16, 1981; said appropriations were initiated by survey and intent to apply water to the above-mentioned beneficial uses. The source of water for each well is ground water tribu- tary to the Colorado River. 6. This case also includes an Application for Surface Water Rights for the Pitts Springs. The Pitts Springs surface in the Southwest Quarter of the Southeast Quarter of Section 4, Township 6 South, Range 92 West of the 6th P.M. at a point whence the Southeast Corner of said Section 4 bears South 86°08' East a distance of 1,415 feet. The source of water for the Pitts Springs is springs tributary to the Colorado River. The appropriation was initiated on September 22, 1981 by field inspection, survey and formulation of intent to appropriate. The amount of water claimed is 5 g.p.m. (0.011 c.f.s.) con- ditional for aesthetic, fish and wildlife propagation, recreation, domestic, irrigation and municipal purposes, including storage and subsequent application to the above bene- ficial uses. 7. This case also includes an Application for Water Storage Right for the Pitts Pond. The Pitts Pond will be located in the Northeast Quarter of the Northeast Quarter and the Northwest Quarter of the Northeast Quarter, both in Section 9, Township 6 South, Range 92 West of the 6th P.M. From the center of the dam embankment, the Northeast Corner of said Section 9 bears North 76°13' East a distance of 1,324 feet. The height of the pro- posed dam is 9.9 feet and the length is 80 feet. Total capacity of the reservoir is 2.0 acre-feet, with an active capacity of • • 1.9 acre-feet, and dead storage of 0.1 acre-feet. The appropri- ation was initiated on September 22, 1981 by field survey and inspection. The amount of water claimed is 2.0 acre-feet con- ditional, with the right to fill and re -fill in priority. The source of water for the Pond is Pitts Springs (see Paragraph 6 above) and the Colorado River through the Lower Cactus Valley Ditch. The uses to which the water will be put are: municipal, domestic, commercial, irrigation, fire protection, recreation, aesthetic, and fish and wildlife propagation. 8. The water rights set forth below are presently owned by the Applicant and are to be used pursuant to this Plan for Augmentation for storage in the Pitts Pond or for the augmen- tation of otherwise out -of -priority diversions from the above - referenced wells. a. Lower Cactus Valley Ditch water right: This water right, which diverts from the Colorado River, was decreed on April 19, 1897, in Civil Action No. 742 in the District Court, in and for the County of Garfield, for 50 c.f.s. for irrigation purposes, with an appropriation date of September 24, 1888, and given priority 142B in former Water District No. 39. The Applicant owns 1.1 shares of a total of 270 shares of the common stock of the Grand River Ditch Company which owns the water rights decreed to the Lower Cactus Valley Ditch. Therefore, the Applicant's share of this water right is .40 percent (.4%) per year of the Lower Cactus Valley Ditch water right, or .204 c.f.s. for irriga- tion purposes. 9. Applicant's share of the water rights to be used for augmentation as described in Paragraph 8, supra, have histori- cally irrigated approximately 6.29 acres of land. The Applicant's property on which all of said historical irrigation has occurred is described in Exhibit A, attached hereto and incorporated herein by reference. Applicant's engineers have calculated that over the average historic irrigation season (mid-April through the end of October) the Applicant's total diversions have averaged approximately 54.7 acre-feet of water. Of this amount, approximately 9.8 acre-feet of water per year has been consumptively used by the Applicant. 10. The Applicant proposes a residential development on the property described in Exhibit B, attached hereto and incor- porated herein by reference, utilizing the above -referenced wells and individual, non -evaporative, waste -water disposal systems. The water requirements for this proposed development have been calculated by the Applicant's engineer based on the following criteria: a. Twelve (12) single-family dwelling units with 100 percent occupancy using 350 gallons per day per dwelling unit for in-house household use with 4,000 square feet of irrigated lawn and garden per dwelling unit. b. Twelve (12) multi -family dwelling units (in two or more buildings) using 350 gallons per day per dwelling unit for in-house household use with 2,000 square feet of irri- gated lawn and garden per dwelling unit. The Applicant's engineers have calculated that this proposed residential development will require a total annual diversion from the wells of 18.8 acre-feet per year with a total annual consumptive use of 4.38 acre-feet per year. Of this annual con- sumption, 3.94 acre-feet will be consumed during the historic irrigation season (mid-April through the end of October) and 0.44 acre-feet will be consumed during the non -irrigation season (November through mid-April). Applicant shall restrict by protective covenant(deed restriction lawn and garden irrigation within the development to the square foot limitations set forth above. The protective • • covenants shall also provide that stock watering with water from the Pitts Well Nos. 1-4 is prohibited. The homeowners asso- ciation to be created pursuant to paragraph 12, infra, shall have the power and duty to enforce the ,.1ua foot irrigation limitations and the stock watering prohibitions, as well as generally operate the plan for augmentation pursuant to the terms of this Ruling. 11. Under the operation of this plan, Applicant will remove from irrigation all the land (6.29 acres) described in Paragraph 9, supra, and no longer irrigate said land with the Applicant's share of the Lower Cactus Valley Ditch water right referenced in Paragraph 8(a), supra. The Applicant's .204 c.f.s. water right in the Lower Cactus Valley Ditch shall be allocated as follows: a. Historic Irrigation Season Augmentation. 4.38 acre- feet of consumptive use per year or 0.08 c.f.s. as a propor- tionate quantity of the 50 c.f.s. of decreed diversion rate for the Lower Cactus Valley Ditch will be provided for direct augmentation of the Colorado River to allow for diversion under the wells described in Paragraph 5, supra, at such times during the historic irrigation season when such diversions could not otherwise be made because of the demands of senior water users. Of this 4.38 acre-feet per year quantity, 3.94 acre-feet will be for domestic deple- tion, and .44 acre-feet will be for transit losses from the historic place of use to the proposed development. This quantity will no longer be diverted at the headgate. b. Non -historic Irrigation Season Augmentation. Additionally, during the irrigation season, Applicant will use 1.51 acre-feet of consumptive use per year or 0.03 c.f.s. as a proportionate quantity of the 50 c.f.s. of decreed diversion rate for the Lower Cactus Valley Ditch to insure that the Pitts Pond will fill, the water from which will be released during the non -irrigation season to augment the development's out -of -priority consumptive use. Of the 1.51 acre-feet so diverted to Pitts Pond, 1.02 acre-feet is allocated for year-round evaporation, .05 acre-feet is allo- cated for transit losses, and .44 acre-feet is allocated for non -irrigation season releases. Depletions to the stream system resulting from out -of -priority diversions through the wells during the non -irrigation season will be replaced by releases of water stored in the Pitts Pond as directed by the Division Engineer. c. Historic Ditch Transportation Losses. Additionally, to mitigate ditch carriage loss injury, the Applicant will leave in the ditch 10 percent (10%) of the total diversion or 0.02 c.f.s. as a proportionate quantity of the 50'c.f.s. of decreed diversion rate for the Lower Cactus Valley Ditch. d. Excess Consumptive Use Credit. Finally, the pre- sent historic consumptive use balance is 3.91 acre-feet of consumptive use per year credit or 0.074 c.f.s. as a propor- tionate quantity of the 50 c.f.s. of decreed diversion rate for the Lower Cactus Valley Ditch. This quantity will no longer be diverted at the headgate. 12. Applicant's diversions during the historic irrigation season have averaged 8.66 acre-feet per month; of this quantity, 1.51 acre-feet of water per month has been consumptively used and 7.15 acre-feet of water per month has returned to the Colorado River as return flow. As described in Paragraph 11(a), supra, 9.8 acre-feet consumptive use credit will be made available under this plan by the cessation of irrigation of the Applicant 6.29 acres of historically irrigated land. During the historic irrigation season, the diversion rate at the headgate of the Lower Cactus Valley Ditch shall be reduced by the quan- tities set forth in Paragraphs 11(a) and (d) (i.e., 0.154 c.f.s.) to permit the Applicant to store 1.51 acre-feet of con- • • . sumptive use water in the Pitts Pond as set forth in Paragraph 11(c) . 13. Applicant will subsequently transfer to a homeowners association, to be created by the Applicant, Applicant's interest in and to this plan for augmentation and, except as set forth below, all the water rights included herein, including without limitation, .59 shares of the Grand River Ditch Company representing the .11 c.f.s. necessary for the plan as set forth in Paragraph 11(a) and (b). Applicant intends to reserve for himself the present balance of 3.91 acre-feet of excess consumptive use credit (0.074 c.f.$), computed as 0.4 shares of the Grand River Ditch Company, which will be made available after the removal from irrigation those lands referenced in..caragiap •, supra, subject to the terms and conditions of Far._ .: infra. Applicant will leave 10 percent (10%) (.02 c. .s. of the total historic diver- sions in the ditch for ditch carriage loss mitigation as set forth in Paragraph 11(c) and will convey this quantity, computed as 0.11 shares, to the Grand River Ditch Company. The allocation of the Applicant's 1.1 shares of the Grand River Ditch Company, 0.204 c.f.s. of the 50 c.f.s. of decreed diversion rate for the Lower Cactus Valley Ditch and 9.8 acre- feet of consumptive use per year as set forth in this Paragraph and Paragraphs 11 and 12, is shown on Exhibit C, attached hereto and incorporated herein by reference. 14. The operation of this plan will not result in an enlargement of the consumptive use associated with the water rights referenced in Paragraph 8(a), supra. 15. 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 admin- istration of this plan and to assure compliance herewith. The homeowners association, to which all water and structure rights under this plan of augmentation shall be conveyed and which thereafter will be solely responsible for keeping all relevant water diversions in compliance with this plan, shall submit to the Division Engineer an annual report of water diver- sion and storage releases in a form substantially similar to Exhibit C, attached hereto and incorporated herein by reference, within sixty (60) days of the end of each water year as established from time to time by the State Engineer. 16. If the plan for augmentation is operated and admin- istered in accordance with this decree, water will be available for diversion through the Applicant's wells, described in Paragraph 5, supra, without changing the regimen of the Colorado River so as to cause material injury to other owners or users of vested water rights or decreed conditional water rights. 17. The proposed plan for augmentation meets the statutory criteria for a plan of augmentation as set forth in C.R.S. 1973, §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. 18. As a matter of law, if a water right located on the Lower Cactus Valley Ditch or the Colorado River makes a valid call on the Applicant's water rights associated with the Pitts Well Nos. 1 through 4 during the historic irrigation season (mid-April through the end of October), the Applicant will have dried up those lands described in Paragraph 9, supra, historically irrigated under its share of water rights described in Paragraph 8(a), supra, and will have released to the stream • • • system the water which has historically been consumed by Applicant's share of the Lower Cactus Valley Ditch water right priority. This consumptive use credit will then allow for con- tinued diversion u. _iie water rights associated with said wells at such times when such diversions could not otherwise be made because of the legally recognized demand of other, more senior, water rights. 19. As a matter of law, if a water right located on the Lower Cactus Valley Ditch or the Colorado River makes a valid call on the Applicant's water rights associated with Pitts Well Nos. 1 through 4 at a time during the historic non -irrigation season (November through mid-April), the depletions to the stream system resulting from the out -of -priority diversion through said wells will be replaced by releases of water stored in Pitts Pond at the direction of the Division Engineer. 2 -.91 acre-feet of excess consumptive use credit, co -. numbers of shares, adjudicated herein may, to ent awfully permitted and subject to the limitations in 2 infra, be used, re -used, successively used, dispose• 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. Applicant shall remove from irrigation all the land 6.29 acres) indicated in Paragraph 9, supra, and shall no longer irrigate with Applicant's share of the Lower Cactus Valley Ditch water right referenced in Paragraph 8(a), supra. This water right shall then be associated with the 9.8 acre-feet of consumptive use credit under this plan and shall be allocated as described in Paragraphs 11, 12, and 13, supra. The Referee does therefore conclude the Application for sur- face water rights is approved and 5 g.p.m. (0.011 c.f.s.) ditio?:al is aesthetic, irrigation, awarded to the Pitts Springs for con - recreation, fish and wildlife propagation, municipal, domestic, storage and fire protection purposes, with an appropriation date of September 22, 1981, at the location and from the source listed above; provided always that said 5 g.p.m. is on the condition that said quantity of water be 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 of 1987 and in 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 con- ditional water right has become an absolute water right by reason of the completion of the appropriation. • • The Referee does therefore conclude that the Application for underground water rights is approved and 35 g.p.m. (0.077 c.f.s.) conditional is awarded to each of the Pitts Well Nos. 1 through 4 for municipal, domestic, irrigation, and fire protec- tion purposes, each with an appropriation date of December 16, 1981, at the locations and from the sources listed above; pro- vided always that said 35 g.p.m. for each well is on the con- dition that said quantity of water be 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 a quadrennial finding of reasonable dili- gence shall be filed in of. 1987 and in of every fourth calendar year thereafter so long as the claimant desires to maintain these conditional water rights or until a determination has been made that these con- ditional water rights have become absolute water rights by reason of the completion of the appropriations. ti's. 1 The State Engineer of the State of Colorado, Division of Water Resources, shall issue well permits for the Pitts Well Nos. 1 through 4 with conditions consistent with this Ruling CL,a. ,_t The Referee does therefore conclude that the Application for water storage rights is approved, and 2.0 acre-feet conditional is awarded to said Pitts Pond for municipal, household, domestic, commercial, irrigation, fire protection, recreation, aesthetic and fish and wildlife propagation purposes, with an appropriation date of September 22, 1981, at the location and from the source listed above; provided always that said 2.0 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 of 1987 and in 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 reason of the completion of the appropriation. The 3.91 acre-feet excess consumptive use credit, or 0.074 c.f.s., computed as 0.4 share of the Grand River Ditch Company, may, to the extent lawfully permitted and subject to the limita- tions of this paragraph, be used, re -used, 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, pro- vided 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 for such different locations and use. This Court shall retain jurisdiction in this matter for a period of three years commencing from the date of first opera- tion of the plan for augmentation provided for by this decree. Upon proper petition by any party hereto or by the Court on its own motion, the Court shall reconsider its approval of this plan for augmentation on the question of injury to any water right owned by such petitioner. 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 C.R.S. 1973, §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. Done at the City of Glenwood Springs, Colorado, this day of , 1983. BY THE REFEREE: Water Referee, Water Div. No. 5 State of Colorado 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. Dated: 1983. Water Judge EXHIFFIT A 81CW506 A tract of land in the N.E.1/4 of the N.E.1/4 of Section 9, T.6 S., R.92W. of the 6th Principal Meridian in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point from which the N.E. Corner of said Section 9 bears 5.76°46'26"E. a distance of 454.07 feet; thence N.89°22'00"W. a distance of 1.00 ft. to the N.E. Corner of the Kruger Subdivision as platted and recorded in the office of the Garfield County Recorder; thence N.89°22'00"W. and along the North line of the said Kruger Subdivision, a distance of 440.33 feet, thence 5.00°38'00"W. and along the Easterly line of block 1 of the said Kruger Subdivision, a distance of 356.85 feet to a point on the Northerly right-of-way line of Home Avenue; thence N.89°22'00"W. and along said Northerly right-of-way a distance of 270.00 feet; thence 5.00°38'00"W. a distance of 125.00 feet, to a point 150.00 feet North of the Northerly right-of-way line of U.S. Highway 6 and 24; thence N.89°22'00"W. a distance of 160.6 feet; to a point on the Westerly line of the N.E.1/4 of the N.E.1/4 of said Section 9; thence N.00°38'20"E. and along the Westerly line of the said N.E.1/4 of the N.E.1//4 of said Section 9 a distance of 481.75 feet; thence N.00°45'00"E. a distance of 483.22 feet to a point on the Southerly bank of the Lower Cactus Valley Ditch as found in place in July 1981; the following 12 courses follow the line of the Southerly bank of the said Lower Cactus Valley Ditch: N.64°49'24"E. 27.80 feet; N. 64°37'11"E. 45.29 feet; N. 67°30'25"E. 56.06 feet; N.82°51'20"E. 44.67 feet; S.69°49'42"E. 39.99 feet; S.52°37'24"E. 50.37 feet; S.39°29'15"E. 67.31 feet; S.45°28'42"E. 74.43 feet; S.48°01'16"E. 66.11 feet; S.53°09'33"E. 55.55 feet; 5.59°41'56"E. 49.11 feet; 5.72°27'47"E. 415.10 feet; thence 5.00°38'00"W. a distance of 175.18 feet more or less to the Point of Beginning, and con- taining 11.075 acres, more of less. EXHIBIT B 81CW506 A tract in the East Half of the Northwest Quarter of Section 11, Township 7 South, Range 95 West of the 6th Principal Meridian, containing approximately 80 acres. e USE • • EXHIBIT C OPERATION AND ADMINISTRATION Case No. 81CW506 SHARES DIVERSION/C.F.S. CONSUMPTIVE USE/AF Historic Irrigation Season Augmentation .43 .08 4.38 Pitts Pond (Winter Augmentation) .16 .03 1.51 Excess Consumptive Use .4 .074 3.91 10% Ditch Loss .11 .02 0 TOTAL 1.1 Share .204 C.F.S. 9.8 AF