HomeMy WebLinkAbout1.0 Application110
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted September 1,
1972 and
amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the undersigned
J 21P `T4 J respectfully
petitions the Board of County Commissioners of Garfield County, Colorado, to
exempt by resolution the division of ( ;) acre tract of land into
tracts of approximately /el, 7 c- /915if acres each, more or less, and
which tract to be subdivided is more particularly described as follows:
(legal description - attach separate sheet
if additional space is required)
from the definitions of "subdivision" and "subdivision land" as the terms are used
and defined in C.R.S. (1973) Section 30-28-101 (a) -(d) and the Garfield County
Subdivision Regulations, for the reasons stated below:
In support of this petition, the petitioner also submits the following:
(a) Map drawn to scale showing proposed
lot subdivision and access
(b) Copy of deed
(c) Vicinity Map .
(d) Statement on source of domestic water
(e) Statement on method of sewage disposal
(f) 100 year floodplain information where
live stream crosses or adjoins said tract
(g) Fee in the amount of $
Submitted at Glenwood Springs, Colorado, this / day of , 19 777.
G--cr1. ! Z/
Petitioner
72/x
««/E: G
Mailing Address
)-e _5//
Telephone Number
v i i. addre's is Grand Valley,
i:.'A:-�::-:,:Z of ren dollars, in hand paid,
Na_icn ai Bank in Grand Junction,-17-•1szee,
'r 'V : W Y
•
Colorado, for
hereby sells anci
cowleys Co the Firs:
s
whose address is Grand Junction, Colorado, the following real
property in the County of Garfield, and State of Colorado,
to wit:
Lot 2 in Section'35, Township 6 South, Range 95
West, 6th P.M.;
Lot 4 in Section 36, Township 6 South, Range 95
West, 6th P.M.;
All that part of Lot 5 of Section 35, Township 6 South,
Range 95 West, 6th P.M., and all that part of Lot 5 and the
SWkNEk and the N1/2SW4 of Section 36, Township 6 South, Range 95
West, 6th P.M., more fully described as follows: Beginning at a
point on the Westerly line of said Section 36, whence the South-
west corner of said Section 36, Township 6 South, Range 95 West,
6th P.M., bears South 0°28' East 1699.50 feet,
thence North 56°24'
East 163.38 feet, thence North 64°13' East 300.92 feet,
thence
South 58°56' East 135.66 feet, thence North 70°07' East 43.81 feet,
thence North 52°52' East 39.46 feet, thence North 47°40' Eastth
t
172.12 feet, thence North 48°02' East 534.48 feet,
49°41' East 688.88 feet, thence North 54°03' East 541.26 feet,
thence North 55°24' East 638.92 feet, thence North 45°13' East
hence North
486.01 feet, thence North 42°14' East 264.38 feet,
42°59' East 195.19 feet to the Northerly line of the SW4NE4 of
said Section 36, thence Westerly 720 feet to the Northwest corner
of the SWkNE4 of said Section 36 thence Northerly along the
Easterly line of Lot 5 of said Section 36, to its intersection
with the Southerly line of the Colorado River, said point being
the Northeasterly corner of Lot 5 of said Section 36, thence
Southwesterly along the Southerly line of the Colorado River to
its intersection with the Westerly boundary of Lot 5 of said
Section 36 (which is the Northwest corner of said Lot 5), thence
Southerly along the Westerly boundary of said Lot 5 of s3 id Section
36 to the Southwest corner of said Lot, thence Westerly along the
Northerly boundary of said NW4SW4 of said Section 36, and along
the Northerly boundary of said Lot 5 of said Section 35 to its
thence
intersection with the Southerly line of the Colorado River,
Southwesterly along the Southerly line of said Colorado River to
the point of intersection with a line which bears South 56°03' West
174.68 feet, and South 49°26' West 188.93 feet, and South 70°56'
West 107.12 feet, and North 19° West 287 feet, and North 70° West
412 feet from the point of beginning; thence South 70° East 412
feet, thence South 19° East 287 feet, thence North 70°56' East
107.12 feet, thence North 49°26' East 188.93 feet, thence North
56°03' East 174.68 feet to the point of beginning;
That part of Lot 1 of Section 25,
Township 6 South, Range 95 West,
6th P.M., lying South of the Southerly boundary of the right of
way of the Denver and Rio Grande Western Railroad Company and
lying Westerly of the westerly boundary of the Garfield County
Road as said right of way and county
road
pass
s5over
ertandtacross�said
Lot 1 of Section 25, Township 6 South,Range
That part of Lots 2 and 3 and the S2SW4 of Section 25, Township 6
South, Rang�S West,
boundary of 6th P.M. lying South of
roghhright e Denver andthe Southerly
g of Rio Grande Western RailroadCOmPa
, way passing oVer and across said Company
Range 95 West, 6th P.M.; Section 25, Township 6
That part of Lot 3 of
of the hege 95 West, t P.M.,Section 36, Township
and Rio Grande Western of Railroad
Southerly 6 South,
way he Denvernv over and across Y boundaryighto f
Range 95 West, 6th aid Section 36, Company right of
P.M..i Township 6 South,
6th P.M.; Lot 2 of Section 36, Township ownshi p 6 South, Range 95 West,
andTogether with all of
theoSurprise DitcheslGrantor's right,
inadjund toed for use Nos. 1 and 2 and titlewater and interest
eaterwaterin connection the such
rights relate to springs or rewjth to the rights
seeps located along he that such
the ditch
with all a its
subject appurtenances, and warrants
and rest rc all of record.
encumbrances, easements the title to the same,
to
rights of way, reservations
1973. Signed this
STATE OF COLORADO
County of Mesa
) ss.
day of
p. ,...����rrrnrrr,•, The foregoing h�.s_ : ,Zgth g g instrument was acknowledged ;,�'1a day o f December before me
haf ey:ex
My4.1T d r. I-
:--
-..-%.:;"7c.-.0.-_mmfks'rort expires
• . , �•,� Nov. 6 , 1976.
2 _
1973, by Louise
Notary Public
NAME:
EXEMPTION
PURPOSE OF EXEMPTION:
l . 7 * /4/ 5.3 O -c: -&e4'
Sec 36T�5R95'
ZONING: A/R/RD
QUALIFICATION FOR S.B. 35rj_to,..v1,e07,1,9,1
5-4-&.eevs.4K
LOCATION OF SITE: — C,. Rd- 309
WATER:
DIV. OF WATER RESOURCES RESPONSE:
SEWER:
CHECK LIST:
Y FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
X MAP showing proposed lots and access
X DEED
X VICINITY MAP
A/A 100 yr floodplain info.
X SOIL MAP
4ZA____IF community water, letter of approval from governing body
COMMENTS:
Wil._ 7q�34
! y
00
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO: 5
STATE OF COLORADO
Application No. 79CW304
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF
LOUISE MAHAFFEY
IN THE COLORADO RIVER
IN GARFIELD COUNTY.
)_
FILED
IN WATER COURT
YIV•.1tIon
1%;c). 5
MAR 2 01980
STATE :ter CU? DRADO
OS lc
Y DEPUTE!
RULING OF REFEREE
The above entitled application was filed on November
and was referred to the undersigned as
Division No, 5, State of Colorado,
29, 1979,
Water Referee for Water
by the Water Judge of said Court
on the llth day of December, 1979, in accordance with Article 92 of
Chapter 37, Colorado Revised Statutes 1973, known as the Water Right
Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as
are encessary to determine whether or not the statements in the
application are true and having become fully advised_ with
to the subject matter of the application does hereby make
following determination and ruling as the Referee in this
to -wit:
1. The statements in the application are true.
respect
the
matter,
2. The name of the structure is Mahaffey Gathering Ditch No. 1.
3. The name of the claimant and address is Louise Mahaffey;
4949 County Road 309; Grand Valley, Colorado.
4. The source of the water is from springs tributary to the
Colorado River.
5. The point of diversion is located in the SE4NW4 of Section 36,
T. 6 S., R. 95 W. of the 6th P.M. at a point whence the
Southwest Corner of said Section 36 bears S. 32°56'16" W.
4,137.24 feet.
6. On April 5, 1974, in Case No. W-2173, the Water Referee for
Water Division No. 5 awarded to the Mahaffey Gathering Ditch
No. 1, an absolute water right for 1.0 cubic foot of water
per second of time, to be used for irrigation purposes, with
appropriation date of December 31, 1939. This Ruling of
Referee was confirmed and made a Decree of the Court on
July 29, 1974.
7. On October 29, 1979, the claimant filed, in Water Court for
Water Division No. 5, an application for change of water
right in which it is requested that 0.21 cubic foot of water
per second of time of that water previously awarded to the
Mahaffey Gathering Ditch No. 1 in Case No. W-2173, be picked
up in a pipeline at a point whence the Southwest Corner ofo
Section 36, T. 6 S., R. 95 W. of the 6th P.M. bears S. 04
00' W. 711 feet, and the water be carried in a closed system
and be used for domestic purposes.
-1-
79CW304
The applicant states that the system is now installed and
includes a storage tank at the pipeline diversion point, but
the system is not yet in use.
8. No vested water rights or decreed conditional water rights of
others will be injuriously affected by the proposed change,
and the change can be approved in accordance with C.R.S. 1973,
37-92-305(3).
The Referee does therefore conclude that the above entitled
application should be granted, and that 0.21 cubic foot of water per
second of time previously awarded to the Mahaffey Gathering Ditch
No. 1 may be diverted by a pipeline at a point whence the Southwest
Corner of Section 36, T.6 S., R. 95 W. of the 6th P.M. bears S. 04°
00' W. 711 feet and the said 0.21 cubic foot of water per second
of time may be used for domestic purposes.
It is accordingly ORDERED that this ruling shall be filed with.
the Water Clerk and shall become effective upon such filing, subject
to Judicial review pursuant to Section 37-92-304, C.R.S. 1973.
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
orA
Done at the City of Glenwood Springs, Colorado, this
day of , e gyp,/ 1980.
BY THE REFEREE:
1
Wat •" •eteree
Wadrr Division No. 5
State of Colorado
No protest was filed in this matter, and accordinglythe foregoing
ruling is confirmed and approved, and is made the Judgment and Decree
of this Court; provided, however, that the approval of this change of
water right shall be subject to reconsideration by the Water Judge
on the question of injury to the vested rights of others during any
hearing commencing in the calendar years succeeding the year
in which this decision is rendered.
Dated
-2-
WATER JUDGE
l2 SOIL SURVEY
IOC ON MAP
55—Potts loam, 3 to 6 percent slopes. This deep,
well drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ranges from 5,000 to
7,000 feet. This soil formed in alluvium derived from
sandstone, shale, or basalt. The average annual precipi-
tation is about 14 inches, the average annual air tem-
perature is about 46 degrees F, and the average frost -
free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown day loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney, Kim, and Ildefonso soils that have slopes of 3 to
6 percent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for irrigated crops and hay and
for dryland farming (fig. 10). Alfalfa, small grains, and
grass -legume hay are grown. Small areas are used for
"irazing.
These soils are usually irrigated by flooding. Drop
structures in irrigation ditches, grassed waterways, and
minimum tillage prevent serious erosion. Irrigation water
should be carefully managed to avoid piping and erosion.
Cover crops or stubble mulching also help to limit ero-
sion in dryfarmed areas.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil.
Community development and recreation are limited by
low strength and the shrink -swell potential. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclasses Ille, irrigated, and
IVe, nonirrigated.
56—Potts loam, 6 to 12 percent slopes. This deep,
,ell drained, moderately sloping to rolling soil is on
mesas, benches, and sides of valleys. Elevation ranges
from 5,000 to 7,000 feet. This soil formed in alluvium
derived from sandstone, shale;- or basalt. 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 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Kim, Olney, and Ildefonso soils that have slopes of 6 to
12 percent. These areas make up 10 to 15 percent of
the map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
severe.
This soil is used mainly for grazing, wildlife habitat, and
some dryland farming (fig. 10). Wheat, barley, and oats
are grown.
Minimum contour tillage and stubble mulching help to
prevent excessive erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing improves and maintains range condi-
tion. Reducing brush improves range. Seeding improves
range in poor condition. Crested wheatgrass, western
wheatgrass, and Russian wildrye are suitable for seed-
ing. Preparing a seedbed and drilling the seed are good
practices.
Community development and recreation are limited by
low strength, shrink -swell potential, and slope. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
57—Potts-Ildefonso complex, 3 to 12 percent
slopes. These gently sloping to rolling soils are on
mesas and sides of valleys. Elevation ranges from 5,000
to 6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. 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 120 days.
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soils makes up about 30 percent.
The Potts soil is on slightly concave positions, and the
Ildefonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically. the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam that extends to a
depth of 60 inches.
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